Articles
DISCLAIMER: Wekiva Golf Villas Homeowners Association documents consist of Articles of Incorporation, Declaration of Covenants etc., and Bylaws. The text below of the Articles of Incorporation was extracted from scans of poor quality copy. Optical character recognition has likely introduced errors and omissions. This text is intended only as an aid in information retrieval. Its accuracy cannot be relied upon and should not be used for official or legal purposes. The text extract does not include State of Florida confirmation of filing nor signature pages. The unedited scan can be downloaded here.
ARTICLES OF INCORPORATION OF WEKIVA GOLF VILLAS HOMEOWNERS’ ASSOCIATION, INC.
In compliance with the requirements of Florida Statutes, Chapter 617, the undersigned, all of whom are residents of the State of Florida and all of whom are of full age, have this day voluntarily associated themselves together for the purpose of forming a corporation not for profit and do hereby certify:
ARTICLE I NAME OF CORPORATION
The name of the corporation is WEKIVA GOLF VILLAS HOMEOWNERS’ ASSOCIATION, INC. (hereinafter called the “Association.”)
ARTICLE II PRINCIPAL OFFICE OF THE ASSOCIATION
The principal office of the Association is located at 101 Wymore Road, Suite 400 Altamonte Springs, Florida 32701.
ARTICLE III REGISTERED OFFICE AND REGISTERED AGENT
The street address of the initial registered office of the Association is 215 North Eola Drive, Orlando, Florida 32802, and the name of the initial registered agent at that address is HAL H. KANTOR.
ARTICLE IV PURPOSE AND POWERS OF THE ASSOCIATION
This Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for maintenance, preservation and architectural control of the residence Lots and Common Area within those certain tracts of property described as:
That certain real property shown and described on the Plat of WEKIVA GOLF VILLAS, SECTION ONE, according to the Plat thereof as recorded in Plat Book 22, Page 16, Public Records of Seminole County, Florida; less and except Lots 1, 2, 3, 4, 5, 7, 8 and 11; and That certain real property shown and described on the Plat of WEKIVA GOLF VILLAS, SECTION TWO, according to the Plat thereof as recorded in Plat Book 23, Pages 39 and 40, Public Records of Seminole County, Florida; less and except Lots 17, 18, 19, 20, 24, 26, 27, 28, 29, 30, 31, 32, 33 and 39;
and
That certain real property shown and described on the Plat of WEKIVA GOLF VILLAS, SECTION THREE, according to the Plat thereof as recorded in Plat Book 24, Pages 81 and 82, Public Records of Seminole County, Florida; less and except Lots 49 and 50.
and to promote the health, safety and welfare of the residents within the above described property and any additions thereto as may hereafter be brought within the jurisdiction of this Association for this purpose to:
(a) Exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Declaration of Covenants, Conditions and Restrictions (hereinafter called the “Declaration”), applicable to the Property and recorded or to be recorded on the Public Records of The Clerk of Seminole County, Florida, and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length; (b) Fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association; (c) Acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association; (d) Borrow money, and with the assent of two-thirds (2/3) of each class of members mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; (e) Dedicate, sell or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument has been signed by two-thirds (2/3) of each class of members, agreeing to such dedication, sale or transfer; (f) Participate in mergers and consolidations with other nonprofit corporations organized for the same purposes or annex additional residential property and Common Area, provided that any such merger, consolidation or annexation shall have the assent of two-thirds (2/3) of each class of members; (g) Have and to exercise any and all powers, rights and privileges which a corporation organized under the Non-Profit Corporation Law of the State of Florida by law may now or hereafter have or exercise.
ARTICLE V MEMBERSHIP
Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association.
ARTICLE VI VOTING RIGHTS
The Association shall have two classes of voting membership:
Class A. Class A Members shall be every person or entity who is a record owner of a fee simple or undivided fee simple interest in any Lot which is subject by covenants of record to assessment by the Association, excluding the Declarant. When more than one person holds an interest in any Lots, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot.
Class B. The Class B Members shall be the Declarant (as defined in the Declaration), and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier:
(a) When the total votes outstanding in the Class A Membership equal the total votes outstanding in the Class B Membership; or
(b) On December 31, 1984.
From and after the happening of these events, whichever occurs earlier, the Class B Member shall be deemed to be a Class A Member entitled to one (1) vote for each Lot in which it holds the interest required for membership under Article III, Section 1 of the Declaration of Covenants, Conditions and Restrictions
ARTICLE VII BOARD OF DIRECTORS
The affairs of this Association shall be managed initially by a Board of three (3) directors who shall serve until the organizational meeting and thereafter by a Board of three (3) Directors, who need not be members of the Association. The number of Directors may be changed by amendment of the Bylaws of the Association. The names and addresses of the persons who are to act in the capacity of Directors until the selection of their successors are:
Burton A. Bines 102 Hickory Tree Road, Longwood, Florida 32750
Howard B. Lefkowitz 803 Sweetwater Club Boulevard, Longwood, Florida 32750
Hal H. Kantor 175 Lake Destiny Trail, Maitland, Florida 32751
At the first annual meeting, the members shall elect three (3) Directors for a term of one (1) year.
ARTICLE VIII INITIAL OFFICERS
The affairs of the Association shall be managed by a President, Vice-President, Secretary and Treasurer and such other officers as permitted in the Bylaws. The names and addresses of those persons who shall act as officers of the corporation until the election of their successor are:
Howard B. Lefkowitz, President and Treasurer Burton A. Bines, Vice-President and Secretary
The above-named officers shall serve until the first and organizational meeting of the Board of Directors of the corporation. The officers shall be elected by the Directors at the first meeting of the Board of Directors and shall hold office for a one (1) year period from the date of their election.
ARTICLE IX DISSOLUTION
The Association may be dissolved with the assent given in writing and signed by not less than two-thirds (2/3) of each class of members. Upon dissolution of the Association other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes.
ARTICLE X DURATION
The Corporation shall exist perpetually.
ARTICLE XI AMENDMENTS
Amendment of these Articles shall require the assent of seventy-five percent (75%) of the entire membership.
ARTICLE XII BYLAWS
The Bylaws of this corporation shall be adopted by the Board of Directors and may be altered, amended, or rescinded by a majority vote of the Board of Directors.
ARTICLE XIII FHA/VA APPROVAL
As long as there is a Class B Membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: annexation of additional properties, mergers and consolidations, mortgaging of Common Area, dedication of Common Area, dissolution and amendment of these Articles.
(recorded with State of Florida August 12, 1981)