ARTICLE I: NAME AND LOCATION
This Declaration is made this 4th day of April, 2025, by the Florkowski Homeowners Association, Inc., a Florida nonprofit corporation (the "Association"), to govern the properties within the Florkowski Class 1 Subdivision, Tract 7 (S-97-008 C), including any new parcels created by the lawful subdivision of an original parcel, as recorded with Hernando County, Florida.
- Name: The name of the association shall be "Florkowski Homeowners Association" (hereinafter "Association").
- Location: The Association governs all parcels within the Florkowski Class 1 Subdivision, Tract 7 (S-97-008 C), as originally recorded with Hernando County, Florida, including any parcels created by subsequent lawful subdivision thereof, along with the access tract known as Tigger Path. [2024 Property Card]
- Purpose: The purpose of the Association is to maintain, beautify, and improve Tigger Path, the private access road serving the community, and to support community development through the provision and maintenance of machinery and equipment for shared use.
- Eligibility: Membership is mandatory for all owners of parcels within the Florkowski Class 1 Subdivision, Tract 7, as identified in the Hernando County property records, whether or not a residential structure is constructed on the parcel, including any new parcels resulting from the lawful subdivision of an original parcel. In the case of a parcel owned by a trust, the trust shall designate a natural person as its voting representative by filing a certificate with the Association, as permitted by Florida Statute § 720.306(3). In the case of a parcel owned by more than one person, the co-owners shall designate one natural person as the voting member by filing a certificate with the Association; if no certificate is filed, the Association shall recognize the vote of the first owner to cast a vote as the parcel’s vote. The designated representative shall be deemed the member for that parcel.
- Voting Rights: Each parcel owner shall have one vote in Association matters, regardless of the number of parcels owned or the presence of a residential structure. If a parcel is subdivided, each resulting parcel shall have one vote, provided it remains within the Florkowski Class 1 Subdivision, Tract 7, as recorded. For parcels owned by a trust, the vote shall be exercised by the designated representative.
- Monthly Assessments: Each owner of a parcel within the Florkowski Class 1 Subdivision, Tract 7, shall pay a monthly assessment of $5.00, regardless of whether a residential structure is constructed on the parcel, for the maintenance and beautification of Tigger Path and the procurement, maintenance, and operation of machinery for community development. This assessment shall be uniform for all parcel owners.
- Purpose of Assessments: Funds shall be used exclusively for:
- Maintenance, repair, and beautification of Tigger Path (e.g., grading, paving, landscaping).
- Purchase, maintenance, and storage of machinery and equipment for community use (e.g., tractors, mowers).
- Administrative costs of the Association.
- Due Date: Assessments are due on the first day of each month. Late payments shall incur a simple interest rate of 18% per annum, as permitted by Florida Statute § 720.3085, unless otherwise specified.
- Collection: The Association may enforce collection of delinquent assessments through liens or other legal means as provided under Florida law and the Declaration of Covenants, Conditions, and Restrictions.
- Required Officers: The Association shall be governed by a Board of Directors consisting of the following officers:
- President: Presides over meetings, acts as the chief executive officer, and represents the Association in official matters.
- Vice President: Assists the President and assumes duties in their absence.
- Secretary: Maintains records, including minutes of meetings, membership rosters, and correspondence, and ensures compliance with notice requirements.
- Treasurer: Oversees financial matters, including collection of assessments, payment of expenses, and preparation of annual financial statements.
- Election and Term: Officers shall be elected by a majority vote of the members present and voting at the annual meeting, provided a quorum is established, and serve a term of one year, renewable by vote.
- Eligibility: Any member in good standing (i.e., current on assessments) may serve as an officer.
- Vacancies: Vacancies may be filled by a majority vote of the remaining Board members until the next annual meeting.
- Removal: Any officer may be removed by a majority vote of the membership with or without cause, as permitted by Florida Statute § 720.307.
- Annual Meeting: An annual meeting of the membership shall be held each year in March to elect officers, review finances, and address community business. Notice shall be provided at least 14 days in advance.
- Board Meetings: The Board shall meet at least quarterly, with notice provided to members at least 7 days in advance, unless an emergency exists.
- Special Meetings: Special meetings may be called by the President or upon written request of at least 25% of the membership, with 7 days’ notice.
- Quorum: A quorum for membership meetings shall consist of two (2) members, provided that this number shall not be less than one-third of the total members entitled to vote if the total number of parcels exceeds six (6). If a parcel is subdivided, each resulting parcel shall be counted as a separate member for quorum purposes.
- Board Duties: The Board shall:
- Manage the maintenance and beautification of Tigger Path.
- Acquire and maintain machinery for community development.
- Enforce these bylaws and collect assessments.
- Maintain accurate financial and meeting records for at least 7 years, as required by Florida Statute § 720.303.
- Member Rights: Members may inspect Association records upon written request, as provided by Florida law.
- Process: These bylaws may be amended by a two-thirds vote of the membership present at a meeting, provided notice of the proposed amendment is given at least 14 days in advance.
- Governing Law: The Association shall operate as a not-for-profit corporation under the Florida Not for Profit Corporation Act (Chapter 617, Florida Statutes) and the Florida Homeowners’ Association Act (Chapter 720, Florida Statutes).
- Recording: These bylaws shall be recorded with the Hernando County Clerk of Court to be enforceable.
- Dissolution: Upon dissolution, assets shall be distributed to members in proportion to their contributions, after satisfying all debts, as permitted by Florida law.
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF THE FLORKOWSKI HOMEOWNERS ASSOCIATION, INC.
This Declaration is made this 4th day of April, 2025, by the Florkowski Homeowners Association, Inc., a Florida nonprofit corporation (the "Association"), to govern the properties within the Florkowski Class 1 Subdivision, Tract 7 (S-97-008 C), including any new parcels created by the lawful subdivision of an original parcel, as recorded with Hernando County, Florida.
ARTICLE I: DEFINITIONS
- "Parcel" shall mean any lot or parcel of land within the Florkowski Class 1 Subdivision, Tract 7, as shown on the recorded plat.
- "Owner" shall mean the record owner of any Parcel, whether improved with a residential structure or unimproved.
- "Common Areas" shall mean all real property owned or maintained by the Association for the common use and benefit of all Owners, including the private access road known as Tigger Path.
- Every Owner of a Parcel shall be a member of the Association, with one vote per Parcel, regardless of whether a residential structure exists thereon. If a parcel is subdivided, each resulting parcel shall constitute a separate membership with one vote, provided it remains within the Florkowski Class 1 Subdivision, Tract 7, as recorded.
- Creation of the Lien and Personal Obligation: Each Owner of a Parcel, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (a) monthly assessments and (b) special assessments, such assessments to be established and collected as hereinafter provided. The obligation to pay assessments shall apply to all Parcels, whether developed with a residential structure or vacant, and shall constitute a lien on the Parcel and a personal obligation of the Owner. New parcels created by subdivision shall be subject to this obligation upon their creation and recording.
- Uniform Rate of Assessment: Monthly and special assessments shall be fixed at a uniform rate of $5.00 per Parcel, payable by all Owners without distinction between Parcels with or without residential structures, and due on the first day of each month. This uniform rate applies to all Parcels, including those created by subdivision, with each such Parcel assessed independently. The rate may be adjusted by the Board of Directors as provided in the Bylaws.
- Purpose of Assessments: Assessments shall be used exclusively to:
- Maintain, repair, and beautify Tigger Path (e.g., grading, paving, landscaping).
- Purchase, maintain, and store machinery and equipment for community use (e.g., tractors, mowers).
- Cover administrative costs of the Association.
- Enforcement: Unpaid assessments shall bear interest at 18% per annum and may result in a lien against the Parcel, foreclosure of said lien, or legal action against the Owner, as provided by Chapter 720, Florida Statutes.
- The Association shall maintain Tigger Path and other Common Areas for the benefit of all Parcel Owners, who shall have equal rights of access and use, subject to reasonable rules established by the Board.
ARTICLE V: DURATION AND AMENDMENT
- This Declaration shall run with the land and be binding for a term of 30 years, automatically renewing for successive 10-year periods unless amended or terminated by a vote of two-thirds of all Parcel Owners. Amendments require approval by two-thirds of the membership.