Note: Covenants shown here are for information purposes only. They were prepared using an optical character recognition device. Although they have been proof-read, errors may exist.

NOTE: SUBSTANTIAL AMENDMENT OF DECLARATION. FOR PRESENT TEXT

On March 28, 1973, the original Declaration of Protective Covenants, Conditions and Use Restrictions for Riviera Golf Estates, a Subdivision, was recorded in Official Records Book 515 at Page 786 et. seq., of the Public Records of Collier County, Florida. That Declaration of Protective Covenants, as it has previously been amended, is hereby further amended in part and restated in its entirety.

SUBMISSION STATEMENT: This Amended and Restated Declaration of Protective Covenants is made by Riviera Golf Estates Homeowners Association, Inc., a Florida corporation not for profit, hereinafter the "Association". The real property described in Exhibit "A" to this Declaration and the improvements located thereon shall be held, transferred, sold, conveyed and occupied, subject to the covenants, restrictions, easements, charges and liens hereinafter set forth. All provisions of this Declaration shall run with the land and be binding upon and inure to the benefit of all present and future owners of Lots. The acquisition of any ownership interest in any Lot, or the lease, occupancy or use of any portion of a Residence, shall constitute an acceptance and ratification of all provisions of this Declaration and an agreement to be bound by its terms.

1. DEFINITIONS:

1.1 "ARB" or "Architectural Review Board" means the Board described in Section 4. below.

1.2 "Association" means Riviera Golf Estates Homeowners Association, Inc.

1.3 "Board" means the Board of Directors of the Association.

1.4 "Common Areas" means Tracts E and H, Riviera Colony Golf Estates Tract Map, as recorded in Plat Book 10, Pages 104 through 108, inclusive, of the Public Records of Collier County, Florida (hereinafter referred to as the "Recreational Facility"), and median strips, entrance and other signs, and all real property, including the improvements thereon, constructed, owned or used by the Association for the common use and enjoyment of the owners or residents of any Lot located upon the real property described in Exhibit "A", but specifically excluding any water and sewer plant facilities, pump station and lines connected thereto, and the Riviera Golf Course.

1.5 "Declaration" means this Declaration for Protective Covenants, Conditions and Use Restrictions for Riviera Golf Estates, as amended from time to time.

1.6 "Guest" means any person who is physically present in, or occupies a Residence on a temporary basis at the invitation of the owners or other legally permitted occupant, without the payment of consideration.

1.7 "Riviera Golf Estates" Means the Properties subject to this Declaration including properties formerly known as Riviera Golf Estates, a Manufactured Home Subdivision; Riviera Colony Golf Estates, a Manufactured Home Subdivision and Riviera Golf Estates; Riviera Golf Estates and Lake Champagne; Riviera Colony Golf Estates and Riviera Golf Estates.

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1.8 "Riviera Golf Estates Documents" or "Governing Documents" means this Declaration and all recorded exhibits hereto, as the same may be amended from time to time.

1.9 "Institutional Mortgagee" means the holder of a mortgage against a Lot or Residence or Manufactured Home, which mortgagee is a bank, savings and loan association, mortgage company, real estate or mortgage investment trust, pension or profit sharing trust, the Federal Housing Administration, the Veterans Administration, or any agency of the United States of America. The terms also refers to any holder of a mortgage against a Lot or Residence or Manufactured Home which mortgage is guaranteed or insured (as evidenced by a recorded instrument) by the Federal Housing Administration, the Veterans Administration, any agency of the United States of America, or any other public or private corporation engaged in the business of guaranteeing or insuring first mortgage loans and their successors and assigns. An "Institutional Mortgage" is a mortgage held by an Institutional Mortgagee encumbering a Residence or Manufactured Home.

1.10 "Lease" means the grant by an owner of a temporary right to occupy owner's Residence for valuable consideration.

1.11 "Lot" means a platted parcel of land located within the real property described on Exhibit "A" into which the Properties have been subdivided, upon each of which a Residence has been or will be permanently placed and affixed or has been or will be constructed. No lot may be subdivided or joined together without the consent of the Association.

1.12 "Manufactured Home" shall mean a structure as defined in Section 723.003(3), Florida Statutes (less the statutory requirements for dimensions of length and width) that is permanently placed and affixed on a lot.

1.13 "Occupant" when used in connection with a Residence, means any person who is physically present in Residence for more than four (4) hours in any twenty-four (24) hour period. "Occupy" means the act of being an occupant.

1.14 "Owner" means the record owner of legal title to a Lot.

1.15 "Properties" or "Community" means all the real property which is subject to this Declaration.

1.16 "Primary Occupant" means the natural person (human being) approved for occupancy when title to a Residence is held in the name of two or more persons who are not husband and wife, or by a trustee or a corporation or other entity which is not a natural person (human being).

1.17 "Residence" means any single-family dwelling or manufactured home located on the lots, each designed and intended for use and occupancy as a residence for a single family.

1.18 "Rules and Regulations" means the administrative rules and regulations governing procedures for administering the Association and the Properties, as adopted, amended or rescinded by resolution of the Board of Directors.

2. ASSOCIATION; MEMBERSHIP; VOTING RIGHTS: The administration and management of this Community is by Riviera Golf Estates Homeowners Association, Inc., a Florida corporation not for profit, which shall perform its functions pursuant to the following:

2.1 Articles of Incorporation. A copy of the Amended and Restated Articles of Incorporation of the Association is attached as Exhibit "B".

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2.2Bylaws. A copy of the Amended and Restated Bylaws of the Association is attached as Exhibit "C".

2.3 Delegation of Management. The Association may contract with a management agent to assist the Association in carrying out its powers and duties by performing such functions as submission of proposals, collection of assessments, keeping of records and enforcement of covenants and rules, with funds made available by the Association for such purposes. The Association and its officers however, shall retain at all times the powers and duties provided in Chapter 617, Florida Statutes and the Governing Documents.

2.4 Members. Every person or entity who is a record owner of a fee simple interest in any Lot shall be a member of the Association. Membership is appurtenant to, runs with, and shall not be separated from, the real property interest upon which membership is based. The burden of notifying the Association of a change of membership shall be borne by the new member; and the Association shall not be required to recognize a change of membership until the new member furnishes satisfactory proof of ownership.

2.5 Voting Interests. The members of the Association are entitled to one (1) vote in Association affairs for each Lot owned by them. The total number of votes ("voting interests") is equal to the total number of votes in the Community. The vote of a Lot is not divisible. If a Lot is owned by one natural person, his right to vote shall be established by the record title. If a Lot is owned jointly by two or more persons, the vote of that Lot may be cast by any one of the record owners. If two or more owners of a Lot do not agree among themselves how their vote shall be cast on any question, that vote shall not be counted. If the owner of a Lot is a corporation, the vote of that Lot may be cast by the president or vice president. If the owner of a Lot is a partnership, the vote maybe cast by any general partner. If a Lot is subject to a life estate, any life tenant may vote. If a Lot is owned in trust, any trustee may vote. If a Lot is subject to an agreement for deed, the contract vendee may vote.

2.6 Approval or Disapproval of Matters. Whenever the decision or approval of the owner of a Lot is required upon any matter, whether subject to an Association meeting or by written consent, such decision or approval may be expressed by any person who could cast the vote of such Lot as provided in 2.5 above if present in person at an Association meeting, unless the joinder of all record owners is specifically required.

2.7 Termination of Membership. Termination of membership in the Association does not relieve or release any former member from liability or obligation incurred under or in any way connected with the Association during the period of his membership, nor does it impair any rights or remedies which the Association may have against any former owner or member arising out of or in any way connected with such ownership and membership and the covenants and obligations incident thereto.

2.8 Acquisition and Disposition of Property. The Association has the power to acquire and dispose of personal property, such power to be exercised by the Board of Directors. The Association has the power to purchase Lots or Residences or Manufactured Homes, and to acquire and hold, lease, mortgage and convey them, such power to be exercised by the Board of Directors. As to all other real property, the Association has the power to acquire, mortgage and dispose of such property, with such power to be exercised by the Board of Directors, but only after the approval of two-thirds (2/3rds) of the voting interests. The Association has the power to lease or encumber all other real property, such power to be exercised by the Board of Directors.

2.9 Membership Roster. The Association shall maintain a current roster of names and mailing addresses of owners and primary occupants. A copy of the up-to-date roster shall be available to any owner upon request.

2.10 Board of Directors. Except as otherwise specifically provided by law or by the Governing Documents, the Association shall act through its Board of Directors and its officers, and no vote of the members shall be required. The officers and Directors of the Association have a fiduciary relationship to the members.

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2.11 Duties and Powers. The powers and duties of the Association include those set forth in this Declaration, the Articles of Incorporation and the Bylaws, and those provided in Chapter 617, Florida Statutes, to the extent not inconsistent with the foregoing documents. The Association may contract, sue, or be sued with respect to the exercise or non-exercise of its powers. The Association has the power to enter into agreements and to acquire leaseholds, memberships and ownership, possessory or use interests in lands or facilities, regardless of whether the lands or facilities are contiguous to the Community. If the Association has the authority to maintain a class action, the Association may be joined in an action as representative of that class with reference to litigation and disputes involving the matters for which the Association could bring a class action. Nothing herein limits any statutory or common law right of an individual owner or class of owners to bring any action which may otherwise be available.

3.0 ASSESSMENTS:

3.1 Covenant to Pay Assessments. Each lot owner within the Community, hereby covenants, and each subsequent owner of any Lot (including any purchaser at a judicial sale), by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association:

• (A) the Lot's prorata share of annual assessments based on the annual budget adopted by the Association;
• (B) the Lot's prorata share of special assessments not provided for by annual assessments; and
• (C) any service assessments or charges against less than all of the Lots specifically authorized in this Declaration or the Bylaws.
• (D) Assessments levied by the Association shall be the amounts determined necessary to and shall be used exclusively to promote the recreation, health, safety and welfare of the owners and residents of the Lots subject to this Declaration, and for the purchase, financing, improvement, operation, maintenance and leasing of the common areas and recreation facilities, as the same may exist from time to time, and to pay the principal and interest payments for the mortgage on the recreational facility, located on Tracts E and H, Riviera Colony Golf Estates Tract Map, which is owned by the Association. It is understood that the adjacent golf course is privately owned and is not a part of the development, and is therefore not a proper subject of assessments. Annual assessments may be increased from time to time, and special assessments may be levied, to the extent necessary to meet proper expenditures by the Association, including but not limited to, making the payments under the mortgage for the recreational facility.
• (E) The Board of Directors of the Association, by a majority vote pursuant to the applicable provisions of the Bylaws, shall have the power to enter into an agreement with an entity providing cable television service to obtain cable television service on a "bulk rate" basis. Pursuant to such "bulk rate" agreement, every residential and commercial unit within the property subject to this Declaration shall receive the cable television service specified in such agreement. Any "bulk rate" fee or payment provided for in any such agreement which is to be paid by the Association to the provider shall be a common expense of the Association.
• (F) Assessments shall be established and collected as provided herein and in the Bylaws. The assessments and charges, together with interest, costs and reasonable attorney's fees shall bind each Lot in the hands of the owner, his heirs, devisees, personal representatives, successors and assigns. In any conveyance of title, voluntary or otherwise, the transferee shall be jointly and severally liable with the transferor for all unpaid assessments coming due prior to the time of such conveyance, without prejudice to the rights of the transferee to recover from the transferor any amounts paid by the transferee therefor. Except as provided elsewhere in this Declaration as to Institutional Mortgagees, no owner may be excused from the payment of assessments unless all owners are similarly excused.

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3.2 Share of Assessments. Each Lot shall be liable for an equal share of all annual and special assessments, such share being a fraction of the whole, the numerator being the number "one" and the denominator being the total number of Lots within the Community. The amount of the annual and special assessments shall be determined by the Board of Directors.

3.3 Establishment of Liens. Any and all assessments and charges levied by the Association in accordance with the provisions of this Declaration or any of the Governing Documents, together with interest at the highest rate allowed by law and costs of collection (including, but not limited to costs and reasonable attorney's fees) are hereby declared to be a charge and continuing lien upon the Lot and Residence against which each such assessment or charge is made, and shall also be the personal obligation of the owner of each Lot and Residence assessed. The lien is superior to any Homestead rights the owner may acquire. No owner may exempt himself from personal liability for assessments and charges, or release the Lot owned by him from the liens and charges hereof, by waiver of his rights, or by abandonment of his Lot. The lien is perfected upon the recording in the public records of the County a Claim of Lien by the Association, setting forth the amount and due date of each unpaid assessment or charge as of the date the Claim of Lien is recorded. The Claim of Lien secures payment of all assessments and charges due at the time of recording (including interest, costs and attorney's fees as provided above), as well as all assessments and charges coming due subsequently, until the lien is satisfied or a final judgment of foreclosure obtained. Upon full payment of all sums secured by that Claim of Lien, the party making payment is entitled to a satisfaction in recordable form.

3.4 Priority of Liens. Except as otherwise provided by law, the Association's lien for unpaid assessments and charges shall be subordinate and inferior to that of any recorded Institutional Mortgage, unless the Association's Claim of Lien was recorded before the mortgage. The Association's lien is superior to, and takes priority over, any other mortgage regardless of when recorded. A lease of a Residence is also subordinate and inferior to any Claim of Lien of the Association, regardless of when the lease was executed. A mortgagee in possession, a receiver, a purchaser at a foreclosure sale, or a mortgagee that has acquired title by deed in lieu of foreclosure, and all persons claiming by, through or under any of them, shall hold title subject to the liability and lien of any assessment or charge coming due after taking title. Any unpaid assessment or charge which cannot be collected by reason of this Section, shall be treated as a common expense, collectible from all Lots, including the Lot as to which the foreclosure (or conveyance in lieu of foreclosure) took place.

3.5 Collection of Assessments. If any owner fails to pay any assessment, charge, or installment thereof, within ten (10) days after the due date, the Association shall have any or all of the following remedies, to the extent permitted by law, which remedies are cumulative and are not in lieu of, but are in addition to, all other remedies available to the Association.

• (A) To charge interest on such assessment or charge, from the due date until paid, at the highest rate allowed by law; and, in addition, to impose a late payment penalty at the highest rate allowed by law.
• (B) To accelerate the due date for the entire remaining unpaid amount of the annual assessment against the owner's Lot.

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• (C) To file an action in equity to foreclose its lien. The lien may be foreclosed by an action brought by the Association in the same manner as provided in Section 718.116 of the Florida Condominium Act, as amended from time to time, for the foreclosure of liens on condominium parcels for unpaid condominium assessments.
• (D) To bring an action at law for a money judgment against the owner without waiving any foreclosure rights of the Association.

All payments on account shall be applied first to interest, late payment fees, court costs and attorney's fees, and then to delinquent charges or assessments. The Association may refuse to accept a partial payment which bears a restrictive endorsement and such will be the equivalent of no payment. Payment by check is not deemed received until the check has cleared.

3.6 Certificate. The Association shall, within fifteen (15) days of request for same, furnish to any owner liable for assessments a certificate in writing signed by an officer of the Association, setting forth whether all assessments and charges have been paid. Such certificate shall be conclusive evidence of payment of any assessment and charges therein stated to have been paid.

4.0 ARCHITECTURAL AND AESTHETIC CONTROL: The Board of Directors shall appoint a committee known as the Architectural Review Board (ARB) which Board shall consist of not less than three (3) individuals as provided in the Bylaws and shall have the power to promulgate from time to time Architectural/Aesthetic Criteria for the Lots subject to the Declaration: Any action by the Architectural Review Board shall be subject to the final approval of the Board of Directors of the Association. No building, structure, pool or other improvement shall be erected or altered on any Lot, nor shall any grading, excavation, landscaping, change of exterior color, or other work which in any way materially alters the exterior appearance of any structure, Lot or Common Area be performed without the prior written approval of the ARB and the Board of Directors.

• (A) Architectural/Aesthetic Criteria. The ARB shall have the power to propose the adoption, modification or amendment of written Architectural/Aesthetic Criteria, which shall set forth such things as landscape material, color ormaterials which the ARB finds acceptable. Said Criteria shall be consistent with provisions of this Declaration and shall not be effective until adopted by the Board of Directors at a meeting duly called and noticed at which a quorum is present and voting. Notice of any adoption, modification or amendment, to the Architectural/Aesthetic Criteria, including a verbatim copy of such adoption, modification or amendment, shall be mailed to each owner at least thirty (30) days prior to the meeting at which such adoption, modification or amendment is to be acted upon.
• (B) Plan Submission. The ARB shall have the power to require submission to the ARB of complete plans and specifications for any building, structure or other improvement proposed to be erected or altered, or any proposed grading, excavation, change of color or other work which in any way alters the exterior appearance of any structure, Lot or Common Area. The ARB may also require submission of samples of building materials or colors proposed for use on any Lot, and may require such additional information as may reasonably be necessary for the ARB to fully evaluate the proposed work.

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• (C)Approval Powers. The ARB shall have the power to recommend to the Board final approval or disapproval of the erection or alteration of any building, structure or other improvement; or any grading, excavation, landscaping, change of exterior color or other work which in any way alters the exterior appearance of any structure, Lot or Common Area. All decisions of the ARB shall be submitted in writing to the Board for final approval. Any person aggrieved by a decision of the ARB shall have the right to make a written appeal to the Board within thirty (30) days of such decision. The determination of the Board upon reviewing any such decision shall, in all events, be final.
• (D)Inspection. The ARB shall have the power to adopt a procedure for inspecting approval changes during and after construction to insure conformity with approval plans.

5.0 EASEMENTS:

5.1 Encroachments. If a building, window, eaves, projection, gutter, roof or any other structure on a Lot (the "encroaching Lot") encroaches upon any adjoining Lot, by reason of original construction, reconstruction, repair, shifting, settlement, or movement of any portion of the improvements, or by the unintentional act of the owner, then an easement for the encroachment, appurtenant to the encroaching Lot, to the extent of such encroachment, shall exist so long as such encroachment exists.

5.2 Utility and Service Easements. The Association shall have the right to grant such electric, telephone, gas, water, sewer, irrigation, drainage, central service or other easements, and to relocate any existing easement in any portion of the Properties and to grant access easements and to relocate an existing access easements in any portion of The Properties as the Association shall deem necessary or desirable, for the proper operation and maintenance of the Properties, or any portion thereof, or for the general health or welfare of the owners or for the purpose of carrying out any provisions of this Declaration. Such easements or the relocations of existing easements may not prevent or unreasonably interfere with the use of the Lots. Each Lot, shall be subject to an easement in favor of all other portions of the Properties to locate utilities and provide drainage and support and to use, maintain, repair, alter and replace structural supports, roofs, pipes, wires, ducts, vents, cables, conduits, public utility lines and other similar or related facilities serving other portions of the Properties. Each Lot, shall be subject to all easements recorded in the Official Records of Collier County whether by recorded instrument, plat dedication or otherwise.

5.3Lateral and Subjacent Support. Each Lot, shall be burdened with an easement in favor of all adjoining Lots and Common Areas for lateral and subjacent support.

6.0 MAINTENANCE; IMPROVEMENTS:

6.1 Maintenance of Common Areas. The maintenance, repair and replacement of all common areas including the Recreational Facility is the responsibility of the Association. Alterations or additions to the common areas may be made with Board approval.

6.2 Maintenance of Residences. The maintenance, repair and replacement of each Lot and Residence is the responsibility of its owner. The owner shall keep the appearance of the Lot and all landscaping and improvements in a neat and clean condition at all times. This shall include providing grass in appropriate areas, cutting the grass, removing rubbish and generally maintaining all improvements in good condition. No refuse or unsightly objects shall be allowed to be placed or to remain anywhere on the Lot, nor shall trash burning be permitted.

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6.3 Enforcement of Maintenance. If the owner of a Lot and Residence fails to maintain it as required in this Declaration, the Association may institute legal proceedings to enforce compliance, or may take any and all other steps necessary to remedy such violation, including but not limited to entering the Lot, with or without consent of the owner. The entry on such Lot for such purposes shall not constitute trespass. The Association may repair, replace, or maintain any item which constitutes a significant hazard to other property or residents, or which has a material adverse effect on the appearance of the Community. Any expenses so incurred by the Association shall be assessed against the owner as service assessments, together with reasonable attorney's fees and all other expenses of enforcement.

6.4 Negligence; Damage Caused by Condition in Residences. The owner of each Lot and Residence shall be personally liable for the expenses of any maintenance, repair or replacement made necessary by his negligence or by that of any member of his family or his guests, employees, agents, or lessees; but such liability shall be limited to the extent that such expenses are not met by the proceeds of insurance available to the injured person.

7.0GENERAL COVENANTS AND USE RESTRICTIONS:

7.1 Use Restrictions. The Lots in the Community shall be used for residences and for no other purposes. No business buildings may be erected on a Lot and no business or commercial activity may be conducted on any part thereof. This restriction shall not be construed to prohibit any owner from maintaining a personal or professional library, from keeping personal business or professional records in the residence, or handling personal, business or professional telephone calls or written correspondence in and from the residence. Such uses are expressly declared customarily incident to residential use.

7.2 Building Setback Lines, Size of Buildings, Site Restrictions and Building height. All structures shall conform to the requirements of the County and the Governing Documents including the following requirements:

• (A) Manufactured Home Requirements.
• (1) Manufactured Home Size. Every Manufactured Home shall be at least twenty-four (24) feet in width, as certified by the manufacturer, shall contain a minimum of one thousand (1,000) square feet of living area (exclusive of garage or carport and porches) and shall be approved by the Association. All replacement manufactured homes shall be at least one thousand (1,000) square feet in all dimensions.
• (2) Manufactured Home Lot Improvement Requirements. Each Manufactured Homeshall have a carport, attached utility shed and concrete or payer driveway.
• (3) Site and Plot Plan Approval. Prior to the placing or positioning of any Manufactured Home on any Lot, approval of the Association is required of the plot plan or drawing showing the location of the Manufactured Home, the front, rear and side setbacks, the front entrance, patio, air conditioner, parking area, landscaping and skirt design (the material placed from the ground to the bottom of the Manufactured Home which shields its under parts from view). Changes shall not be made without the Association's approval. Prior to the construction of any utility building, garage, carport or other addition or improvement to a Manufactured Home or upon the Lot, the plans and specifications therefor shall be approved in writing by the Association. Every Manufactured Home shall have a skirt enclosure and shall have an installed hurricane tie down, all conforming to the requirements of County Codes, and State and County regulations.

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• (B) Lot Constructed Residence Requirements.
• (1) Lot Constructed Residence Size. Every Lot Constructed Residence shall contain a minimum of 1,000 square feet of indoor living area (exclusive of garage and porches), shall have a two (2) car garage, shall be no more than one (1) story in height and shall be approved by the Association. All replacement residences shall be at least as large in all dimensions as the residence being replaced.
• (2) Lot Constructed Residence Lot Improvement Requirements. Each Lot Constructed Residence shall have a concrete or paver driveway.
• (3) Site or Plot Plan Approval. Prior to the commencement of construction of a Residence on any Lot, the Association shall approve the plot plan or architectural drawing showing the location of the Residence, the front, rear and side setbacks, the front entrance, patio, air conditioner, parking area and landscaping. Changes shall not be made without the Association's approval. Prior to the construction of any utility building, garage, carport or other addition or improvement to a Residence or upon the Lot, approval of the plans and specification therefore must be approved in writing by the Association and meet all County Codes.
• (4) Vacant Lots. Within one(1) year of purchase of a Lot that does have a residence upon it, the new owner must commence construction of a residence meeting the above requirements within one(1) year of the date of purchase and must complete construction of the residence no later than two(2) years after the date of purchase of the Lot.

7.3 Minors. No minors under the age of fifteen (15) shall be allowed to occupy a Residence on a permanent basis. Minors under the age of fifteen (15) may occupy a Residence as guests with the provision that said minors must comply with the guest restrictions provided in Subsection 7.4 below. All occupants of a Residence under the age of eighteen (18) shall be closely supervised at all times while on the Community Properties by an adult to insure that they do not become a source of unreasonable annoyance to other residents. The home owner is responsible for any damage to common areas.

7.4 Occupancy; Guests. Every Residence shall be used as a residence for the personal use of the owner and his/her immediate family, or an authorized lessee as hereinafter provided and lessee's immediate family, meeting the occupancy restrictions of Section 7.3 above, Section 11. below and the definition of family as described below. Any guest (including minors under the age of fifteen (15) may occupy a residence for a period of no more than thirty (30) days in any calendar year. The total number of days that a Residence may be occupied by all guests combined may not exceed sixty (60) days in the aggregate in any calendar year. Exceptions: Upon prior written application by the owner, the Board of Directors may make such limited exceptions to the foregoing restrictions as may be deemed appropriate in the discretion of the Board, for the sole purpose of avoiding undue hardship or inequity. The making of one exception shall not be construed as a precedent for later exceptions. "Family" shall refer to either 1) one natural person 2) two or more natural persons who commonly reside together as a single house-keeping unit, each of whom is related by blood, marriage or adoption to each of the others, or 3 ) two or more natural persons meeting the requirements of 2) except that there is among them one person who is not related to some or all of the others.

7.5 Nuisance. No noxious or offensive activity shall be carried on upon any Lot or in any Residence, nor shall anything be done that is or may become a reasonable source of annoyance or nuisance to other residents.

7.6Temporary Structures. No structure of a temporary character, including trailer, tent, storage shed or shack shall be used on any Lot, either temporarily or permanently.

7.7 Signs. No person may post or display any signs, advertisements or advertising other than one sign, of not more than two (2) square feet, containing the name of the owner or authorized lessee and the Lot address and affixed directly to the Residence or on the installed and approved yard light and except for one (1) "For Sale" or "For Rent" sign with the maximum dimensions of two (2) feet by two (2) feet. In addition, for those Lots abutting the golf course or County Barn Road, one (1) additional "For Sale" or "For Rent" sign with maximum dimensions of two (2) feet by two (2) feet is permitted in the rear of these Lots.

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7.8Solicitation. The Association reserves the right to prohibit any and all peddling, solicitation and selling within the Community.

7.9 Appearance; Refuse Disposal/Automobiles. Each owner shall keep his Lot free and clear of weeds, underbrush, unsightly growths, trash and debris and shall reasonably maintain his Residence in a neat and clean condition at all times. No Lot shall be used or maintained as a dumping ground for rubbish. No outside storage on a Lot is permitted. Trash, garbage or other waste shall not be kept except in sanitary containers suitably screened from view from the street and adjacent Lots. All equipment for the storage or disposal of such material shall be approved by the Association and be kept in a clean and sanitary condition. No garbage incinerators shall be permitted. No automobiles shall be parked on any grass areas or shall be kept on the property if considered obnoxious to the eye.

7.10 Maintenance. The Association shall have the right to repair any structure or improvement on any Lot which constitutes a danger or nuisance or is in unsightly disrepair, provided that the owner is given reasonable notice of the Association's intent to do so, which reasonably specifies the proposed action. The Association shall charge the expense of same against the owner of said Lot, which charge shall be a lien on the Lot which may be foreclosed, and which shall secure the Association's attorneys fees and other costs in connection with said foreclosure.

7.11 Clotheslines. No outdoor line or drying apparatus for the drying of clothes or other items is permitted other than one portable umbrella pole not exceeding six. (6) feet in height is permitted on each lot, but said umbrella pole shall be removed and stored out of sight when not in use.

7.12 Lawns; Landscaping. All areas of Lots not covered by structures, walkways or paved parking facilities shall be maintained by their owners as lawn or landscaped areas to the pavement edge of any abutting streets and to the waterline of any abutting lakes, canals or water management areas. Stone, gravel or paving may not be used as a substitute for grass in a lawn. All lawns and landscaping shall be completed at the time of completion of the structure as evidenced by the issuance of a Certificate of Occupancy by the appropriate governmental agency, and shall thereafter be kept in good condition by the owner. Lawns must be regularly cut and mulched areas regularly re-mulched. The landscaping on Lots, including without limitation, the trees, shrubs, lawns, flower beds, walkways and ground elevations, shall be maintained by the owner thereof.

7.13 Fences; Walls. No fence or wall of any size, shape or material shall be allowed on any Lot without the prior written approval of the Board of Directors after review by the Architectural Review Board (ARB). The term "fence" shall be broadly construed and shall include any and all enclosures, trellises, lattices or any similar structure. Fences and walls must comply with the ARB guidelines as approved by the Board of Directors from time to time. Fences up to a height allowed by law are allotted on Lot lines that border the perimeter of the community other than Lot lines that border Riviera Golf Course.

7.14 Hedges. No hedge greater than three (3) feet in height shall be allowed on any Lot unless it is located within three (3) feet of a Residence or utility shed. A variance: on hedge height, at a height approved by the board, to residents adjacent to cart paths from holes 6 - 7, 8 - 9, and 17 - 18 and the homes adjacent to the County Barn Road entrance and along County Barn is permitted. In addition, hedges of up to a height allowed by law are allowed on Lot lines that border the perimeter of the community other than Lot lines that border Riviera Golf Course.

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7.15 Outside Lighting. No spotlights, flood lights, solar lights or other outdoor high intensity lighting shall be placed or utilized upon any Lot which in any way will allow light to be reflected on any other Lot or the improvements thereon without the written authorization of the Association. Low intensity lighting which does not unreasonably disturb the owners or other occupants of the Properties shall be allowed. The owner of each Lot shall maintain, and keep operating during all hours of darkness, the front yard light. The owner's responsibility includes the timer or photoelectric cell and replacement of light bulbs.

7.16Pets. The owner of each Residence may keep no more than one (1) commonly accepted household pet such as one (1) dog or one (1) cat, a tropical fish aquarium of less than fifty (50) gallons and up to two (2) caged birds in a Residence, subject to reasonable regulation by the Association. All pets must be carried under the owner's arm or leashed at all times while outside of the Residence. The owner is responsible for cleaning up after his pet. The ability to keep such pets is a privilege, not a right, and the Board of Directors is empowered to order and enforce the removal of any pet which becomes a source of unreasonable annoyance to other residents of the Properties. No reptile, amphibians, poultry or livestock may be kept on the Properties. Pets shall not be left unattended on screened porches, lanais, yards or in garages.

7.17Parking, Maintenance and Storage of Motor Vehicles.

(A) No commercial vehicle of any kind shall be parked in the Community, except for service vehicles temporarily present on business.

(B) No boat, trailer of any kind, camper, recreational vehicle, motor home, bus, commercial truck, truck camper, or disabled, inoperative or unlicensed vehicle (including a swamp buggy or stock car) shall be permitted to be kept or stored unless kept fully enclosed inside a structure and screened from view at all times. For purposes of this paragraph only, an open carport shall not be deemed a structure. Pursuant to County Code, recreational vehicles and motor homes may be parked in the Community for a maximum of no more than six (6) hours in any seven (7) day period.

(C) No motor vehicle shall be parked anywhere other than on paved areas designated for the purpose, or in garages. Parking on lawns or landscaped areas is prohibited.

(D) No motor vehicle shall be used as a domicile or residence, either permanent or temporary.

(E) No repairs of vehicles (such as painting, refinishing, mechanical repairs or other similar operations) shall be made within the Community other than emergency repairs (such as changing of flat tires).

7.18 Garage Sales. No garage sale, estate sale, flea market, auction, or similar event shall be held on any Lot without prior written approval of the Board of Directors and under no circumstances may more than two (2) such events, be held on any Lot in any period of twelve (12) consecutive months. Garage sales must conform to County rules and regulations.

7.19Mailboxes, Yard Lights. Mailboxes, front yard lights and their supporting structures shall be subject to regulation by the ARB. In no event may solar lights be used in front yard lamp posts, and a minimum wattage of forty (40) watts incandescent or forty (40) watt equivalent flourescent must be used.

7.20 Television and Other Outdoor Antennae. No outdoor television, radio or other antennae or antennae system may be erected or installed on any Lot or Residence other than a satellite antennae less than one (1) meter in diameter, an aerial designated to receive over-the-air television, broadcast, or on antennae designated to receive multichannel, multipoint distribution service which may be installed only at the location and in a manner approved by the ARB according to FCC guidelines.

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7.21Radio Equipment. No ham radio, CB base station, or other radio transmission equipment (except mobile transmitters in service vehicles) shall be operated or permitted to be operated in the Community. However, cellular phones, portable phones, garage door opener and the like are permitted as long as such devices do not interfere with the transmission or reception of other resident's devices.

7.22Recreation Facilities. The recreational facilities and all other common facilities may be used only by current residents,tenants and their families and guests occupying a Residence in accordance with Association Rules and Regulations.

7.23Fuel Containers. All butane, propane and other fuel containers must have installations approved by the Association.

8.0 LEASING OF RESIDENCES: In order to foster a stable residential community and prevent a motel-like atmosphere, the leasing of Residences by their owners shall be restricted as provided in this section. All leases of Residences must be in writing. An owner may lease only his entire Residence, and then only in accordance with this Section, after receiving the approval of the Association. The lessee must be a natural person.

8.1Procedures.

• (A) Notice by the Owner. An owner intending to lease his Residence shall give to the Board of Directors or its designee written notice of such intention at least twenty (20) days prior to the first day of occupancy under the lease together with the name and address of the proposed lessee, a fully executed copy of the proposed lease, and such other information as the Board may reasonably require. The Board may require a personal interview with any lessee(s) as a pre-condition to approval.
• (B) Board Action. After the required notice and all information or interviews requested have been provided, the Board shall have twenty (20) days in which to approve or disapprove the proposed lease. If the Board neither approves nor disapproves within that time, its failure to act shall be deemed the equivalent of approval, and on demand the Board shall issue a written letter of approval to the lessee.
• (C) Disapproval. A proposed lease shall be disapproved only if a majority of the whole Board so votes, and in such case the lease shall not be made. Appropriate grounds for disapproval shall include, but not be limited to, the following:
• (1) The owner is delinquent in the payment of assessments at the time the application is considered;
• (2) The owner has a history of leasing his Residence without obtaining approval, or leasing to troublesome lessees and/or refusing to control or accept responsibility for the occupancy of his unit;
• (3) The real estate company or rental agency handling the leasing transaction on behalf of the owner has a history of screening applicants inadequately, recommending undesirable lessees, or entering into leases without prior Association approval;

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• (4) The application on its face indicates that the person seeking approval intends to conduct himself in a manner inconsistent with the covenants and restrictions applicable to the Community;
• (5) The prospective lessee has been convicted of a felony involving violence to persons or property, a felony involving the sale or possession of a controlled substance, or a felony demonstrating dishonesty or moral turpitude;
• (6) The prospective lessee has a history of conduct which evidences disregard for the rights and property of others;
• (7)The prospective lessee evidences a strong probability of financial irresponsibility;
• (8)The lessee, during previous occupancy in this Community or another, has evidenced an attitude of disregard for the Association rules;
• (9) The prospective lessee gives false or incomplete information to the Board as part of the application procedure, or the required transfer fees and/or security deposit is not paid; or
• (10) The owner fails to give proper notice of his intention to lease his Residence to the Board of Directors.
• (11) The occupants would not meet the parameters set forth in Section 11. below.
• (D) Failure to Give Notice or Obtain Approval. If proper notice is not given, the Board at its election may approve or disapprove the lease. Any lease entered into without approval may, at the option of the Board, be treated as a nullity, and the Board shall have the power to evict the lessee with five (5) days notice, without securing consent to such eviction from the owner.
• (E) Application; Assessments. Applications for authority to lease shall be made to the Board of Directors on such forms and include such terms as the Board may provide from time to time. The legal responsibility for paying assessments may not be delegated to the lessee.
• (F) Committee Approval. To facilitate approval of leases proposed during times when many of the members are not in residence, the Board of Directors may by resolution delegate its approval powers to an ad hoc committee, which shall consist of at least three (3) association members.

8.2 Term of Lease and Frequency of Leasing. No Residence may be leased more often than two (2) time in any calendar year, with the minimum lease being ninety (90) days. The first day of occupancy under the lease shall determine in which year the lease occurs. No lease may be for a period of more than one (1) year, and no option for the lessee to extend or renew the lease for any additional period shall be permitted. However, the Board may, in its discretion, approve the same lease from year to year. No subleasing or assignment of lease rights by the lessee is allowed.

8.3 Exceptions. Upon written request of an owner, the Board of Directors may approve one additional lease of the Residence within the same calendar year, but only under unusual circumstances to avoid undue hardship or inequity.

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8.4 Occupancy During Lease Term. No one but the lessee, his family members within the first degree of relationship by blood, adoption or marriage, and their spouses and guests may occupy the Residence with the proviso that the occupancy requirements of Section 11 below must be met. The total number of overnight occupants of a lease Residence is limited to two (2) persons per bedroom.

8.5 Occupancy in Absence of Lessee. If a lessee absents himself from the Residence for any period of time during the lease term, his family within the first degree of relationship already in residence may continue to occupy the Residence and may have house guests subject to all the restrictions in Section 7. and 8.4 above. If the lessee and all of the family members mentioned in the foregoing sentence are absent, no other person may occupy the Residence.

8.6Use of Recreational Facilities. An owner whose Residence is leased may not use the recreational facilities during the lease term.

8.7 Regulation by Association. All of the provisions of the Riviera Golf Estates Documents and the rules and regulations of the Association shall be applicable and enforceable against any person occupying a residence as a lessee or guest to the same extent as against the owner. A covenant on the part of each occupant to abide by the rules and regulations of the Association and the provisions of the Riviera Golf Estates Documents, designating the Association as the owner's agent with the authority to terminate any lease agreement and evict the tenants in the event of breach of such covenant, shall be deemed to be included in every lease agreement, whether oral or written, and whether specifically expressed in such agreement or not.

8.8 Fees and Deposits Related to the Lease of Residences. Whenever herein the Board's approval is required to allow the lease of a Residence, the Association may charge the owner a preset fee for processing the application, in an amount not to exceed the maximum amount allowed by law. No fee may be charged for approval of a renewal or extension of a lease with the same lessee.

9.0 TRANSFER OF OWNERSHIP OF RESIDENCE: In order to maintain a community of congenial, financially responsible residents with the objectives of protecting the value of the Residence, inhibiting transiency, and facilitating the development of a stable, quiet community and peace of mind for all residents, the transfer of ownership of a Residence shall be subject to the following provisions:

9.1 Forms of Ownership:

• (A) One Person. A Residence may be owned by one natural person who has qualified and been approved as elsewhere provided herein.
• (B) Two or More Persons. Co-ownership of Residences by two or more natural persons is permitted. However, the intent of this provision is to allow flexibility in estate, tax or financial planning, and not to create circumstances where the Residences may be used as short-term transient accommodations for multiple families. If the co-owners are other than husband and wife, the Board shall condition its approval upon the designation of one approved natural person as "primary occupant". The use of the Residence by other persons shall be as if the primary occupant was the only actual owner. Any change in the primary occupant shall be treated as a transfer of ownership by sale or gift subject to the provisions of this Section 9. No more than one such change will be approved in any twelve (12) month period.

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• (C) Ownership by Corporations. Partnerships or Trusts. A Residence may be owned in trust, or by a corporation, partnership or other entity which is not a natural person, if approved in the manner provided elsewhere herein. The intent of this provision is to allow flexibility in estate, financial or tax planning, and not to create circumstances in which the Residence may be used as short-term transient accommodations for several individuals or families. The approval of a trustee, or corporation, partnership or other entity as an owner shall be conditioned upon designation by the owner of one natural person to be the "primary occupant". The use of the Residence by other persons shall be as if the primary occupant were the only actual owner. Any change in the primary occupant shall be treated as a transfer of ownership by sale or gift subject to the provisions of this Section 9. No more than one such change will be approved in any twelve (12) month period.
• (D) Designation of Primary Occupant. Within thirty (30) days after the effective date of this provision, each owner of a Residence which is owned in the form of ownership stated in the preceding subsections 9.1 (B) and (C) shall designate a primary occupant in writing to the Association. If the owner fails to do so, the Board of Directors may make the initial designation for the owner, and shall notify the owner in writing of its action. If the ownership of a Residence is such that the designation of a primary occupant is not required, the owner may, nevertheless, choose to designate one, subject to Board approval.
• (E) Life Estate. A Residence may be subject to a life estate, either by operation of law or by a voluntary conveyance approved under 9.2 below. In that event, the life tenant shall be the only Association member from such Residence and occupancy of the Residence shall be as if the life tenant was the only owner. Upon termination of the life estate, the holders of the remainder interest shall have no occupancy rights unless separately approved by the Association. The life tenant shall be liable for all assessments and charges against the Residence. Any consent or approval required of association members may be given by the life tenant alone, and the consent or approval of the holders of the remainder interest shall not be required. If there is more than one life tenant, they shall be treated as co-owners for purposes of determining voting and occupancy rights under Section 9.1(B), above.

9.2 Transfers.

• (A) Sale of Gift. No owner may dispose of a residence or of any ownership interest in a Residence by sale of gift (including agreement for deed) without the prior written approval of the Board of Directors.
• (B) Devise or Inheritance. If any owner acquires title by devise or inheritance, his right to occupy or use the Residence shall be subject to the approval of the Board of Directors under Section 9.3(A)(2) below. The approval shall not be denied to any devisee or heir who was the prior owner's lawful spouse at the time of death, or who was related to the owner by blood or adoption in the first degree.
• (C) Other Transfers. If any person acquires title in any manner not covered in the foregoing subsections, that person shall have no right to occupy or use the Residence before being approved by the Board of Directors under the procedures outlined in Section 9.3 below.
• (D) Committee Approval. To facilitate transfers proposed during times when many members are not in residence, the Board of Directors may delegate its approval powers to an ad hoc committee, which shall consist of at least three (3) members. The Chairman of the committee shall be deemed a Vice-President of the Association, and as such shall be empowered to execute Certificates of Approval on behalf of the Association.

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9.3Procedures.

• (A) Notice to Association.
• (1) Sale of Gift. An owner intending to make a sale or gift of his Residence or any interest therein shall give to the Board of Directors or its designee written notice of such intention at least twenty (20) days before the intended closing date, together with the name and address of the proposed purchaser or donee, a copy of the executed sales contract, if any, and all other information the Board may reasonably require. The Board may require a personal interview with any purchaser(s) or donee(s) as a pre-condition to approval.
• (2) Devise, Inheritance or Other Transfers. The transferee must notify the Board of Directors of his ownership and submit a certified copy of the instrument evidencing his ownership and such other information as the Board may reasonably require. The transferee shall have no occupancy or use rights until and unless approved by the Board, but may sell or lease the Residence following the procedures in this Section or Section 8.
• (3) Demand. With the notice required in Subsection (A)(1) above, the owner or transferee seeking approval may make a written demand that if the transfer is disapproved without good cause, the Association shall furnish an approved alternate purchaser who shall purchase the Residence at the same price and upon substantially the same terms as in the disapproved sales contract, or if no contract is involved, for the fair market value of the Residence determined as provided below.
• (4) Failure to Give Notice: If no notice is given, the Board of Directors, at its election, may approve or disapprove at the time it learns of the transfer. If an owner fails to seek or obtain the Association's approval prior to selling an interest in a Residence, such failure shall create a rebuttable presumption that the seller and the purchaser intended to violate the covenants of this Declaration, and shall constitute good cause for Association disapproval.
• (B) Board Action. Within twenty (20) days after receipt of the required notice and all information or interviews requested, or not later than sixty (60) days after the notice required by paragraph (A) above is received, whichever occurs first, the Board shall approve or disapprove the transfer. If a transfer is approved, the approval shall be stated in a Certificate of Approval executed by the President or Vice-President of the Association in recordable form and delivered to the transferee.. If the Board neither approves nor disapproves within the time limits as set forth above, such failure to act shall be deemed the equivalent of approval and on demand the Board shall issue a Certificate of Approval to the transferee.

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• (C) Disapproval.
• (1) With Good Cause. Approval of the Association shall be withheld for good cause only if a majority of the whole Board so votes, after receiving a written opinion of counsel that good cause exists. Only the following may be deemed to constitute good cause for disapproval:
• (a) The person seeking approval has been convicted of a felony involving violence to persons or property, a felony involving possession or sale of a controlled substance, or a felony demonstrating dishonesty or moral turpitude;
• (b) The person seeking approval has a record of financial irresponsibility, including without limitation prior bankruptcies, foreclosures or bad debts;
• (c) The person seeking approval gives the Board reasonable cause to believe that person intends to conduct himself in a manner inconsistent with the covenants and restrictions applicable to the Community;
• (d) The person seeking approval has a history of disruptive behavior or conduct evidencing an attitude of disregard for the rights or property of others, by his conduct in this Community or elsewhere, as a tenant, unit owner or occupant of a unit;
• (e) The person seeking approval has failed to provide the information, fees or interviews required to process the application in a timely manner, or provided false information during the application process; or
• (f) The transaction, if a sale or gift, was concluded by the parties without having sought and obtained the prior approval required herein.
• (g) The occupants would not meet the parameters set forth in Section 11. below.
• (2) Without Good Cause. Approval shall not be denied unless a majority of the whole Board so votes. If the Board disapproves without good cause, and if the owner or transferee has made the demand set forth in Section 9.3(A)(3), within thirty (30) days after the Board meeting at which the transaction was disapproved, the Board shall deliver in writing to the owner (hereafter "the seller") the name of an approved purchaser who will purchase the Residence at the same price, and upon substantially the same terms, as in the disapproved sales contract. If no sales contract was involved, or if the Association challenges the contract price as not being a good faith purchase price, the purchase price shall be paid in cash, and the price to be paid shall be determined by agreement, or in the absence of agreement, shall be the fair market value determined by the arithmetic average of appraisals by two state-certified property appraisers, one selected by the seller and the other by the Association. The cost of the appraisals, and all other closing costs in cases where no sales contract is involved, shall be shared equally by the buyer and seller, except that the purchaser shall pay for his own title insurance, and all costs of mortgage financing. Real property taxes shall be prorated to the day of closing and the parties shall bear their own attorneys fees, if any. The closing shall take place not more than sixty (60) days after the date of Board disapproval or thirty (30) days after determination of fair market value by appraisal, whichever occurred last. Failure or refusal to close by either party shall constitute a breach of contract and shall entitle the other party to seek specific performance or damages.
• (3) If the Board fails to deliver the name of the approved purchaser within thirty (30) days as required above, the original proposed purchaser shall be deemed approved, despite the Board's former disapproval, and upon demand a Certificate of Approval shall be issued.

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9.4 Exception. The provisions of Sections 9.2 and 9.3 are not applicable to the acquisition of title by a first mortgagee who acquires title through the mortgage, whether by foreclosure or deed in lieu of foreclosure.

9.5Unapproved Transfers. Any sale or transfer which is not approved, or which is disapproved pursuant to the terms of this Declaration shall be void unless subsequently approved in writing by the Board.

9.6 Fees and Deposits Related to the Sale of Residences. Whenever herein the Board's approval is required to allow the sale or other transfer of an interest in a Residence, the Association may charge the owner a preset fee for processing the application, in an amount up to the maximum amount allowed by law.

10. ENFORCEMENT OF COVENANTS AND ABATEMENT OF VIOLATIONS: Every owner shall at all times comply with all the covenants, conditions and restrictions of the Riviera Golf Estates Documents. Violations of the Riviera Golf Estates Documents should be reported immediately in writing to the Board of Directors. Before undertaking any remedial, disciplinary or enforcement action against a person alleged to be in violation, the Association shall give the alleged violator reasonable written notice of the alleged violation, except in emergencies. Disagreements concerning violations, including, without limitation, disagreements regarding the proper interpretation and effect of the Riviera Golf Estates Documents, shall be presented to and determined by the Board, whose interpretation of the Riviera Golf Estates Documents and/or whose remedial action shall control. If any person, firm or entity subject to the Riviera Golf Estates Documents fails to abide by them, as they are interpreted by the Board of Directors of the Association, that person shall be liable to be fined by the Association for each such failure to comply or other violation.

10.1 Legal Action. Judicial enforcement of the covenants and restrictions of this Declaration may be by an action at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, or against the land to enforce any lien created by these covenants. Failure of the Association or any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. If such action is instituted, the Association shall, in addition, be entitled to recover its costs and attorney's fees incurred if it is the prevailing party.

10.2 Entry by Association. Violation of any conditions or restrictions or breach of any covenant herein contained or in any of the Riviera Golf Estates Documents shall also give the Association and its authorized agent or representative, in addition to all other remedies, the right to enter upon the land where such violation or breach exists and summarily abate and remove, at the expense of the owner of the land, any construction or other violation that may be or exist thereon. The Association and its authorized agents shall not thereby become liable in any manner for trespass, abatement or removal.

10.3 Fines; Suspensions. The Board of Directors may levy fines and/or suspensions against members, or a members tenants or guests or both who commit violations of Chapter 617, Florida Statutes, the provisions of the governing documents, or the rules and regulations, or who condone such violations by their family members, guests or lessees. Fines shall be in amounts deemed necessary by the Board to deter future violations, but in no event shall any fine exceed the maximum amount allowed by law. Suspensions of the use of common areas and facilities may be imposed for a reasonable period of time to deter future violations. The procedure for imposing fines and/or suspensions shall be as follows:

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• (A) Notice. The party against whom the fine and/or suspension is sought to be levied or imposed shall be afforded an opportunity for hearing after reasonable notice of not less than fourteen (14) days, and the notice shall include:
• (1) A statement of the date, time and place of the hearing;
• (2) A specific designation of the provisions of Chapter 617, Florida Statutes the governing documents or the rules which are alleged to have been violated;
• (3) A short and plain statement of the specific facts giving rise to the alleged violation(s); and
• (4) The possible amounts of any proposed fine and/or possible use rights of common areas or facilities to be suspended.
• (B) Hearing. At the hearing the party against whom the fine and/or suspension may be levied shall have a reasonable opportunity to respond, to present evidence, and to provide written and oral argument on all issues involved, and to review, challenge, and respond to any evidence or testimony presented by the Association. The hearing shall be conducted before a panel of three (3) Lot owners appointed by the Board, none of whom may then be serving as Directors or officers or who are employees of the association, or the spouse, parent, child, brother or sister of an officer, director or employee. If the committee, by majority vote, does not agree with the proposed fine, and/or suspension, it may not be levied or imposed.

10.4 Attorney's Fees. In any legal proceeding arising out of an alleged failure of a guest, tenant, lot owner or the Association to comply with the law, the governing documents, or the Association's rules and regulations, as they may be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such attorneys fees as may be awarded by the court.

11.0 MINIMUM AGES FOR OCCUPANCY AND OCCUPANCY RESTRICTIONS UNDER THE FAIR HOUSING AMENDMENTS ACT OF 1988:

11.1 Statement of Intent. It is hereby declared by this Community that the Community desires and intends to provide housing for older persons, as defined in the Act and the Administrative Rules. It is more specifically the desire and intention of this Community to meet the exemption for housing for older persons as is provided in the Exemption Three (55 or older housing). In this endeavor, the following occupancy restrictions and procedures shall govern. Furthermore, in addition to these amendments, the Association shall do whatever is required by the Act and Administrative Rules to publish its intention to adhere to policies and procedures which demonstrate an intent to provide housing for persons 55 years of age or older. In the event of conflict, the provisions of this Section shall prevail over any other provision of the Declaration, Articles of Incorporation or Bylaws.

11.2 Definitions. Definitions as used in the Declaration, Articles of Incorporation and Bylaws shall include the following:

• (A) "Act" shall mean and refer to the (Federal) Fair Housing Amendments Act of 1988 (Pub.L.100-430, approved September 13, 1988; 102 STAT.1619).
• (B) "Administrative Rules" shall mean and refer to the administrative rules promulgated by the Secretary of Housing and Urban Development.

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• (C) "Common Expenses" of the Association shall be deemed to include the following: Those expenditures made by the Board of Directors necessary in its discretion to implement and provide "facilities and services" referred to under Exemption Three ofthe Act, as more fully explained in the Administrative Rules. These expenditures shall be deemed to be proper common expenses under Section 718.115(1), Florida Statutes (1988).
• (D) "Exemption Three" shall mean and refer to the exemption for housing for older persons (55 or over housing) as is provided for in Section 807(b)(2)©) of the Act.
• (E) "Guest" shall mean and refer to any person who occupies a Residence without requirement to contribute money, perform any services or provide any other consideration to the owner or lessee in connection with such visit occupancy. A permanent occupant of a Residence shall not be considered a guest. Furthermore, an owner of a Residence shall never be considered a guest of the Residence he or she owns, unless the owner is visiting a lessee in the Residence.
• (F) "Occupy" means and refers to the act of being physically present within a Residence for more than four (4) hours in any twenty-four (24) hour period. "Occupant" is a person who occupies a Residence.
• (G) "Recreation Area" shall mean and refer to all amenities and facilities shared by the Community.

11.3 Occupaney by Older Persons - 55 or Over Housing. Except for persons who are grandfathered-in as provided for in Section 11.5 below and except for persons referred to in Paragraph (A) next, no Residence shall be occupied or permitted to be occupied unless there is at least one (1) person occupying the Residence who has attained the age of 55 years. This occupancy requirement, if met, shall not be construed to permit occupancy by persons of an age otherwise provided by Section 7.3 above.

• (A) Exceptions: Future Occupancies. The following future occupancies shall be permitted even though the occupants have not attained the age of 55 years.
• (1) Occupancy by a surviving spouse is permitted. Also permitted is a surviving nonspouse companion, provided that the surviving companion resided with the deceased at the time of deceased's death.
• (2) Occupancy by any person who obtains ownership of a Residence by devise or inheritance.
• (3)Occupancy by any person who owned record title to a Residence on September 13, 1988. This exception shall only apply to permit occupancy of the Residence owned by the person on that date.
• (B) Every owner and lessee shall be deemed to have a contract with the Association to ensure that the occupancy requirement in this Section 11.3 is met at all times. Even though this occupancy requirement is a contract between the Association and the owner or lessee, as applicable, this Section 11 shall be deemed to be a covenant running with the land. Furthermore, in the event of violation, any approval by the Association shall be deemed automatically revoked, giving the Association the remedies provided for in Section 11.4 next below.

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11.4 Remedies for Non-compliance. The Association concurrently shall have any one or more of the following remedies for non-compliance in addition to those provided elsewhere in this Declaration or in the Bylaws or by law:

• (A) Lease of a Residence.
• (1) In the event of a lease of a Residence, and the occupancy and other requirements of this Article are not met, the Association shall be entitled to file for and obtain an injunction against the owner of the Residence and the lessee and/or other occupants in the Residence, removing the unauthorized lessee and/or other unauthorized occupants.
• (2) The Association shall also be entitled to evict the lessee and other occupants in the residence, as agent for the owner. This right of eviction by the Association shall apply only:
• (a) After the expiration of fifteen (15) days from the date on which the Association mails notice to the owner by certified mail, return receipt requested or provides notice by hand delivery; and
• (b) Provided that the owner fails to commence eviction proceedings on his/her/their own and fails to notify the Association within the fifteen (15) day period.
• (3) The lease shall specify, and if it fails to so specify, the lease shall be deemed to specify that the lessee and all other occupants shall abide by this Declaration, Articles of Incorporation, Bylaws and Rules and Regulations of the Association; and shall specify that the Association has the remedies provided for in this Section 11.4. If the Association is the prevailing party, costs and attorney's fees incurred by the Association in connection with the exercise of its remedies under this Section 11.4 shall be the responsibility of the owner of the Residence and to the extent awarded by a Court under Chapter 83, Florida Statutes, shall also be the responsibility of the lessee.
• (B) Other Occupants (Other than Leases). In cases involving an existing ownership, use by guests, sale, gift or other transfer of title, if the occupancy requirements of this Section 11. are not met, the Association shall be entitled to file for and obtain an injunction against the owner(s) of the Residence and any or all occupants in the Residence, removing the unauthorized occupants including the owner(s). If the Association prevails, the owner(s) shall be responsible for costs and attorneys' fees incurred by the Association in connection with its enforcement of this Section.

11.5 Grandfather Provisions. Section 11.3 above shall not apply to the following persons, who shall be grandfathered-in (i.e. obtain grandfather status) and be permitted to occupy their residence, even though under 55 years of age, provided that they meet the requirements for occupancy under Section 7.4 above and they register with the Association as provided for in Section 11.6 below:

• (A) Leases. Any lessee(s) and other occupants of a Residence under a valid and approved written lease, provided that the lease was fully executed prior to the effective date of this amendment, shall obtain grandfather status. This grandfather status for the lessee(s) and other occupants shall apply for the duration of the lease. Furthermore, the grandfather status applies beyond the duration of the lease only if the particular lessee and/or other occupants were validly occupying a residence under a lease in the Community on September 13,1988.

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• (B) Other Occupancies (Other than Leases).
• (1) Occupancy on September 13, 1988: Any owner and other persons not mentioned above, who were validly occupying a Residence as a resident on September 13, 1988, shall obtain grandfather status.
• (2) Occupancy as of the Effective Date: Any owner and other persons not mentioned above, who are validly occupying a Residence as residents as of the effective date of this amendment, shall obtain grandfather status.

11.6 Registration Required.

• (A) All present owners, lessees and other occupants who have not registered must register with the Association on or before the 90th day after the effective date of this Article, by delivery of the items referred to below. Furthermore, no person shall attain grandfather status under Section 11.5 above unless the person registers with the Association on or before the 90th day after the effective date of this Article by delivery of the items referred to below. These items are as follows:
• (1) A fully completed and signed registration form to be provided by the Association; and
• (2) Documentation demonstrating proof of age as provided for in Section 11.7 below; and
• (3) In the event of a lease, a fully executed copy of the lease must also be delivered (if not already on file with the Association).
• The Association shall mail/deliver a registration form within fifteen (15) days of the effective date of this amendment to all owners who have not yet registered, as their names appear on the books and records of the Association. It shall be the responsibility of the particular owner, not the Association to provide lessees and other occupants in the Residences with registration forms to complete and return to the Association.
• (B) Even though a person under the age of 55 years is given grandfather status under Section 11.5 above, or is provided with an exemption under Section 11.3 above, this shall not entitle any other person the right to occupy the Residence unless:
• (1) At least one person occupying the unit is 55 years, of age or older; or
• (2) That other person is also accorded grandfather status under Section 11.5 above;
• (3) The other person is granted an exemption under Section 11.3 above.

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11.7 Proof of Age.

• (A) As of the Effective Date: All owners and non-owners occupying the Residence as of the effective date of this amendment and all persons referred to in Section 11.5 above, shall deliver to the Association documentation demonstrating proof of age, to include birth certificate, drivers license, and/or other documentation required by the Association. This applies regardless of the age of the persons or whether they seek grandfather status under Section 11.5 above.
• (B) After the Effective Date. Any owner who obtains record title after the effective date of this amendment and all persons who occupy the Residence after the effective date of this amendment shall, prior to obtaining record title and/or taking occupancy and/or as part of the approval process under Section 8. or 9. of this Declaration, deliver to the Association documentation demonstrating proof of age as provided for in this Section 11.7.

11.8 Non-occupancy Status. Each owner or lessee, as applicable shall notify the Association of any periods of time during which the Residence becomes unoccupied. As used in this Section 11.8, "unoccupied" is defined to mean any intended absence of all permanent residents of the Residence, for a period in excess of thirty (30) days. It is understood that this is a necessary requirement because the Administrative Rules require keeping a record of occupied and unoccupied Residence. The Association shall be authorized to adopt a form for use in connection with the reporting under this Section 11.8.

12.0 DURATION OF COVENANTS; AMENDMENT OF DECLARATION:

12.1 Duration of Covenants. The covenants, conditions, and restrictions of this Declaration shall run with and bind the Properties, and shall inure to the benefit of and be enforceable by the Association, and any owner, their respective legal representatives, heirs, successors and assigns, for a period that expires on March 28, 2013. Upon the expiration of said period, this Declaration shall be automatically renewed and extended for successive ten (10) year periods. The number of ten (10) year periods hereunder shall be unlimited, with this Declaration being automatically renewed and extended upon the expiration of each ten (10) year renewal period for an additional ten (10) year period; provided, however, that there shall be no renewal or extension of this Declaration if during the last year of the initial period, or during the last year of any subsequent ten (10) year renewal period, two-thirds (2/3rds) of all voting interest cast votes at a duly held meeting of members of the Association in favor of terminating this Declaration at the end of its then current term. Written notice of any meeting at which such a proposal will be considered shall be given at least forty-five (45) days in advance of the meeting. If the members vote to terminate this Declaration, the President and Secretary of the Association shall execute a certificate which shall set forth the resolution of termination so adopted, the date of the meeting of the Association the total number of votes cast in favor of such resolution, and the total number of votes cast against such resolution. Said certificate shall be recorded in the Public Records of Collier County, Florida, and may be relied upon for the correctness of the facts contained therein as they relate to the termination of this Declaration.

12.2 Amendments; Proposal. Notwithstanding the foregoing, this Declaration may be amended from time to time by a vote of the members. Amendments to this Declaration may be proposed by the Board of Directors or by written petition to the Board signed by twenty percent (20%) of the voting interest. The proposed amendments must be submitted to a vote of the members not later than the next annual meeting.

12.3 Amendments; Vote Required. Except as otherwise provided by law, or by specific provision of the Riviera Golf Estates Documents, a proposed amendment to this Declaration shall be adopted if it is approved by a majority of the voting interests present and voting, in person or by proxy, at any annual or special meeting called for the purpose, provided that notice of each proposed amendment has been given to the members in accordance with law. Unless otherwise provided by law, notice of the proposed amendments shall be substantially in the form specified in Chapter 718, Florida Statutes, for proposed amendments to the Declaration of Condominium. No amendment shall change any Lot's share of liability for assessments or any owner's voting rights, unless the owner consents to the amendment.

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12.4 Amendments; Certificate Recording; Effective Date. A copy of each amendment shall be attached to a certificate that the amendment was duly adopted as an amendment to the Declaration, which certificate shall identify the Book and Page of the Public Records where the Declaration was originally recorded, and shall be executed by an officer of the Association with the formalities of a deed. The amendment shall be effective when the certificate and copy of the amendment are recorded in the public records of the County.

12.5 Exceptions. Wherever in this Declaration the consent, approval, or affirmative vote or more than a majority of the voting interests, present and voting, in person or by proxy, at an annual or special meeting called for the purpose, is required in order to authorize or take a particular action, the language requiring the particular number of consents, approvals, or votes may not be amended except by the same vote required to authorize or take the action.

13.0 GENERAL PROVISIONS:

13.1 Severability. If any section, subsection, sentence, clause, phrase or portion of this Declaration is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portion thereof.

13.2 Headings and. Capitalization. The headings of sections and paragraphs herein, and the capitalization of certain words, are for convenience only, and do not affect the meaning or interpretation of the provisions of this Declaration.

13.3 Notices. Any notice required to be sent to any owner under the provisions of this Declaration or the Bylaws, shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as owner in the records of the Association at the time of such mailing. The owner bears the responsibility for notifying the Association of any change of address.

13.4 Interpretation. The Board of Directors is responsible for interpreting the provisions of this Declaration and its exhibits. Such interpretation shall be binding upon all parties unless wholly unreasonable. A written opinion rendered by legal counsel that an interpretation adopted by the Board is not unreasonable shall conclusively establish the validity of such interpretation.

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