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Holiday Estates Deed Resrictions page3

HOLIDAY ESTATES III HOMEOWNERS' ASSOCIATION DEED RESTRICTIONS

Approved 12/11/02 - Filed with Charlotte County 1/17/03 in Book 2158. Pages 425-428

continued from page 2:

(24) AMENDMENTS:  The power to propose amendments to these Deed Restrictions is reserved to the Homeowners Association.
All property owners will be notified of any subsequent changes or amendments.

        a. Notice. Notice of the subject matter of a proposed amendment shall be included in the notice of any board
            meeting at which a proposed amendment is to be considered.

        b. The proposed amendments shall be approved by an affirmative vote of not less than a majority of the lot owners
            in the subdivision who cast a vote on any amendment to the Deed Restrictions. The vote will be conducted at
            a properly called members' meeting of the homeowners association.

        c. Proxy. Lot owners not present in person at the meetings considering the amendment may express their approval
            in writing, by proxy, providing such approval is delivered to the Secretary at or prior to the meeting.

        d. Execution and Recording. A copy of each amendment shall be attached to a certificate certifying that the
            amendment was duly adopted, which certificate shall be executed by officers of the Association with all the
            formalities of a deed. The amendment shall be effective when such certificate and copy of the amendment are
            recorded in the Public Records of Charlotte County, Florida.

 

(25) GRANDFATHER CLAUSE: The aforesaid covenants and restrictions, together with covenants of warranty in the deeds of
conveyance of lots in said subdivision shall be and constitute all of the obligations undertaken and limitations imposed upon lots
and structures within said subdivision. Any prior covenant and restrictions which are not consistent with the aforesaid covenant
and restrictions are null and void. Structures which exist prior to the adoption of these revisions shall be exempted from
enforcement of any new building requirements and these deed restrictions.

(26) SEVERABILITY AND NONWAIVER: If any provision of this Declaration or its exhibits as now constituted or as later
amended or any paragraph, sentence, clause, phrase, or word, or the application there of in any circumstances, is held invalid,
the validity of the remainder and of the application of any such provision, section, sentence, clause, phrase, or word in other
circumstances shall not be affected hereby. The failure of the Association in any instance to enforce any covenant or provision of
this Declaration shall not constitute a waiver of its right to do so thereafter in other instances.

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