AMENDED AND RESTATED
DECLARATION OF RESTRICTIONS
FOR
WESTERN SHORES SUBDIVISION, SECOND ADDITION
WESTERN SHORES SUBDIVISION, SECOND ADDITION, a 55 years of age or older
housing community in Lake County, Florida, according to the plat thereof, filed and recorded in Plat
Book 18, Page 24, Public Records of Lake County, Florida, and the real property located therein, is
subject to certain restrictive covenants, conditions, and reservations which were previously set forth
in the Declaration of Restrictions and General Information Western Shores Subdivision (2nd
Addition) recorded in Official Records Book 415, Page 210 on October 8, 1970 (“Original
Declaration”) and amended pursuant to the Amended Declaration of Restrictions Second Addition to
Western Shores Subdivision recorded in Official Records Book 456, Page 633 on February 22, 1972,
and further amended by the Amended Declaration of Restrictions for Western Shores Subdivision,
Second Addition as recorded in Official Records Book 1057, Page 2214 on May 10, 1990, all of the
Public Records of Lake County, Florida; and
WHEREAS, Paragraph 24 of the "Amended Declaration of Restrictions for Western Shores
Subdivision, Second Addition," referred to above, provides as follows: "If the owners of 75% of the
lots in said subdivision at any time desire to modify or change the Amended Declaration of
Restrictions set forth in this very document, such modifications or changes may be accomplished by
recording in the Public Records of Lake County, Florida, an agreement signed by the owners of at
least 75% of the lots in said subdivision."; and
WHEREAS, the restrictive covenants, conditions, and reservations presently in effect and
referred to above provide for said restrictions to be in effect and to run with the land through the first
day of January 2011, and to be void and of no force or effect after January 1, 2011 unless lawfully
modified or changed to extend the effective date; and
WHEREAS, the undersigned, who constitute the current owners of at least seventy-five
percent (75%) of the lots in said Subdivision, do desire to amend, change, modify or restate the
restrictive covenants, conditions, and reservations previously recorded for said Subdivision in the
Public Records of Lake County, Florida;
NOW THEREFORE, this Amended and Restated Declaration of Restrictions specifically and
completely supersedes and replaces the Original Declaration and its amendments, and the restrictive
covenants, conditions, and reservations referred to therein are hereby amended, changed, modified or
restated to apply to all property located within the Western Shores Subdivision, Second Addition,
according to the plat thereof, recorded at Plat Book 18, Page 24 of the Public Records of Lake
County, Florida, as follows:
ARTICLE I - DEFINITIONS
1.1 "Articles of Incorporation" refers to the Articles of Incorporation of Western Shores
Second Addition Association, Inc., filed with the Department of State, Division of Corporations on
November 2, 1982, and all amendments thereto (a governing document).
1.2 "Assessment(s)" or "maintenance fee(s)" means a sum or sums of money payable to the
Association by the owners of one or more lots as authorized herein, or in the other governing
documents, which, if not paid by the owner of a lot, can result in a lien against the lot.
1.3 "Association" means the Western Shores Second Addition Association, Inc., a Florida
not for profit corporation formed to ensure the proper maintenance, preservation and architectural
control of Western Shores Subdivision, Second Addition (the "Subdivision").
1.4 "Board of Directors" or "Board" means the group of persons vested with the
management and administration of the Community and the affairs and business of the Association.
1.5 "By-Laws" means the By-Laws of Western Shores Second Addition Association, Inc.,
adopted by the original Board, and any amendments thereto (a governing document).
1.6 "Carport" means a covered vehicle storage area attached to a mobile or modular home.
It shall be placed on a concrete slab and may be open or screened in, with or without doors. The
difference between a carport and a garage is visibility. If you can see inside the facility from the
street or adjacent lots it is a carport. If it is fully enclosed with appropriate screening or other
suitable material so that it can not be seen into from the street or adjacent lots it is a garage. See
Paragraph 1.9 - "Garage."
1.7 "Common area(s)" means all property which is owned by the Association (i.e., Island
Drive, Western Shores Lane and the storage/trailer lot).
1.8 "Community" or "Subdivision" means Western Shores Subdivision, Second Addition; a
subdivision in Lake County, Florida, according to the plat thereof, filed and recorded in Plat Book
18, Page 24, Public Records of Lake County, Florida.
1.9 "Garage" means an enclosed vehicle storage facility which can not be seen into from
the street or adjacent lots. It shall have an overhead door and be constructed of the same material
and in the same manner as the home to which it is attached.
1.10 "Governing Documents" means this Amended and Restated Declaration of Restrictions,
the Articles of Incorporation, the By-Laws and those Rules and Regulations which may be
promulgated by the Board of Directors.
1.11 "Home" means a stand-alone structure on a lot (e.g., a mobile/manufactured home, a
modular home or a conventional home).
1.12 "Lot" means a platted tract of real property within the Subdivision which is capable of
separate conveyance.
1.13 "May" indicates permission for an optional course of action.
1.14 "Member" means a member of the Association. Every owner is a member. If title to a
lot is held by more than one person, each person is a member. If title is held by a trust or other legal
entity, the designated agent or officer is a member. An owner of more than one lot shall be entitled
to one membership per lot owned. No person or entity other than an owner may be a member and
membership in the Association may not be terminated except by death or transfer of title..
1.15 "Owner" means the record owner, or owners, of legal title to a lot.
1.16 "Property" means the owner's lot, home and all additions/improvements thereto, to
include any corresponding seawall, boat house and/or dock.
1.17 "Shall" indicates a mandatory action.
1.18 "Storage Lot" or "Trailer Lot" is the parcel of real property described in the Warranty
Deed at Official Records Book 778, Page 491, Public Records of Lake County, Florida (Alternate
Key 2582871) owned, maintained and operated by the Association for the storage of boat trailers
and/or such other pieces of equipment as may be permitted by the Board and Lake County
Conditional Use Permit #821-1. This facility is provided as a convenience for the owners and
occupants of the Subdivision, and the Association, although it may charge a user fee to help cover
maintenance and upkeep, assumes no responsibility for any injury, theft or damage which might
occur in its use (i.e., owners/occupants shall use this facility at their own risk).
1.19 "Voting interest" means the voting rights distributed to the members of the Association
pursuant to the governing documents and the following:
a. Only one (1) vote per lot shall be permitted.
b. When more than one member holds an interest in a lot, the vote for that lot shall be
exercised as they among themselves determine, however, in no event shall more than one (1) vote be
cast with respect to any one lot. There shall be no split voting.
1.20 "Will" indicates an obligatory action to be taken some time in the future.
ARTICLE II
RESTRICTIVE COVENANTS, CONDITIONS AND RESERVATIONS
2.1 All land included in Western Shores Subdivision Second Addition, shall be used for
single family residential purposes only, except such lots as may be designated for other purposes
conducive to the best interests of the owners in said Subdivision as determined by the Association.
No commercial, professional or similar activity of any kind shall be permitted within a home or on a
lot without the express written consent of the Association.
2.2 To ensure uniformity, proper appearance, and full compliance with all appropriate state
and local codes, no home shall be placed, erected or constructed on any lot without obtaining the
necessary building permit(s) and the approval of the Association. In addition to the foregoing, all
homes shall comply with the following:
a. Mobile/manufactured homes shall be double wide with an attached carport and
utility room, or garage (all under one roof), and appropriate skirting.
b. Modular homes shall be one (1) story with an attached garage, or attached carport
and utility room, no more than a three (3) inch pitch roof and the lap siding shall conform to
neighborhood types. They shall be set with a crane on a continuous foundation.
c. Conventional homes shall be single story with an attached garage and shall use the
minimum roof pitch permitted by local building codes (Currently one foot of rise for each four feet
of horizontal run.). They shall be harmonious with existing structures as to color, material, design,
size, location and grade.
d. All of the following additions and improvements to the lot and home must be
included and must be approved by the Association: concrete driveway, brick or concrete steps,
mailbox, lawn and appropriate landscaping (Xeriscape or Florida-friendly landscaping is
encouraged).
e. No outside structure such as a detached carport/garage, a separate structure for
storage or utility purposes, or a fence, wall or barrier of any type (with the possible exception of an
underground, electric, dog barrier fence) shall be permitted.
f. No home, awning, or structure of any kind (with the exception of properly permitted
boat houses and/or docks) or any portion thereof shall be built or placed within 25 feet of either front
or rear property lines (50 feet from the property line bordering Lake Eustis), or closer than five (5)
feet from either interior line.
g. Any proposed porch, screen room, trellis, awning, outdoor lamp post, flagpole, dock,
permanent boat cover, boat slip, boat house, bulk head (seawall), or other building, structure,
addition or exterior renovation must be submitted to, and approved by, the Association before the
construction, erection, installation and/or renovation begins. Owners having work done, or doing
work themselves, shall be responsible for any and all damage to other property and/or common areas
within the Subdivision as a direct or indirect result of such work.
2.3 Western Shores Subdivision, Second Addition is a housing community for occupants
55 years of age or older in accordance with State and Federal law. Accordingly:
a. At least one (1) person who occupies a home within the Subdivision must be at least
fifty-five (55) years of age or older and no one under the age of eighteen shall be permitted to
occupy any of said lots as a permanent resident.
(1) Visiting is permitted for persons under the age of eighteen but only for a
reasonable length of time as determined by the Association on a case by case basis.
(2) Notwithstanding this requirement that at least one (1) person who occupies a
home within the Subdivision must be at least fifty-five (55) years of age or older, the Board of
Directors of the Association shall have the right and authority to waive this restriction provided that
at least eighty percent (80%) of the homes are occupied by at least one person fifty-five years of age
or older. The Board may, from time to time, adopt and publish guidelines or criteria specifying
conditions or requirements for granting waivers hereunder and the decision of the Board respecting
requests for waivers shall be binding and final.
b. Owners planning to transfer ownership or lease, rent or otherwise change occupancy
shall inform all prospective buyers, occupants, tenants, real estate agents and/or other persons
involved that the Community is housing for those 55 years of age and older.
c. Prospective purchasers shall meet with at least one of the Association's Directors to
provide proof of age (driver's license, birth certificate, passport, immigration card, military
identification or any other state, local, national, or international official document containing a birth
date of comparable reliability) or submit a signed document asserting that at least one occupant of
the dwelling is 55 years of age or older.
d. Lease/rental agreements shall contain a clause directly above the signatory line
asserting that at least one occupant of the home is 55 years of age or older. No exceptions to this age
requirement for lessees/renters shall be permitted.
e. Property may be inherited by a person who is less than 55 years of age and that
person may occupy the property as long as the percentage of occupied homes within the Subdivision
with an occupant 55 years of age or older does not fall below 80%.
f. Upon request, owners shall complete and return, within the time frame specified by
the Association, a document asserting that at least one occupant of the household is 55 years of age
or older. Said document shall be in Department of Housing and Urban Development (HUD)
recommended form and, as a minimum, contain the birth date of the 55 year or older resident and the
signature of the lot owner (If the owner is not an occupant, this document may be signed by any
member of the household age 18 or older.).
2.4 There shall be no permanent sign(s) of any kind, other than the sign provided by a
licensed contractor for security services, erected or maintained except as may be approved and
permitted in writing by the Association.
2.5 The size, number and type of household pets must be approved by the Association
prior to obtaining or moving in with same, and all such pets shall be kept on a leash or be otherwise
fully controlled when off the owner's property. In addition, owners/occupants are expected to clean
up after their pets. No farm animal(s), livestock, poultry, snakes or potentially dangerous animals of
any kind shall be kept, bred or maintained on, or within, any property in the Subdivision.
2.6 All clothing or other articles to be dried outside of enclosed structures shall be hung on
folding or retractable drying racks/lines, the location of which shall be subject to Association
approval. All such racks/lines shall be folded, retracted or stored out of sight when not in use.
2.7 The owners and occupants of lots shall not dump any waste, including yard waste such
as grass clippings, or permit harmful or potentially harmful substances to be discharged, into, or
adjacent to, the lake or canal waters in or adjoining said Subdivision; nor shall they obstruct, or in
any way impede, the navigability of these waters except as may be permitted by state and local codes
in the construction of boat houses/docks. All lots shall be kept free of any accumulation of rubbish,
trash, garbage and/or other waste materials, and from unsightly weeds and underbrush.
2.8 No recreational vehicles (including but not limited to motor homes, travel trailers, and
campers), race cars, utility trailers, commercial vehicles and/or other objectionable two, three, or
four wheeled vehicles shall be allowed to remain on any lot without the express written permission
of the Association, except that temporary parking for the purpose of loading and unloading is
permitted. No long term camping (more than seven consecutive nights ) shall be allowed unless
prior approval has been obtained from the Association. Golf carts and bicycles are permitted as
long as they are parked under a carport or within a garage or utility room when not in use.
2.9 No boats or boat trailers shall be stored under carports or elsewhere on a lot, other than
the storage lot, without the express written permission of the Association. Storage within a garage
or within a properly enclosed carport which has been converted into a “garage” (See Paragraphs 1.6
and 1.9) is permitted.
2.10 Major repairs, overhauls or restorations of automobiles, race cars, motorcycles or other
motor vehicles, recreational vehicles, utility or boat trailers, heavy engines, or other vehicles or like
equipment shall not be permitted on any property or common area.
2.11 No use shall be made of a property, or the canal/lake adjacent to the property, which
constitutes or causes a nuisance to surrounding lots or to their owners/occupants, including but not
limited to offensive odors, loud or unusual noises, excessive traffic or annoying lighting.
2.12 The occupants and owners of said lots are responsible for the reasonable appearance
and care of their properties. No boxes, refrigerators, washers, dryers or other such unsightly items
shall be allowed outside of the home, garage or utility room. If ten (10) days after receipt of the
Association's written request and notice to properly maintain and care for their properties, such work
or removal remains undone, the Association reserves the right to enter upon any such lot to remove
rubbish, weeds, trash and/or such other unsightly or objectionable items as may be present, to cut the
grass, or otherwise care for said lot(s). Subsequently, the Association shall have the right to charge
the occupant or owner of said lot(s) for reimbursement of any costs incurred in the correction of
these discrepancies. To ensure the payment of said charges, the owners of the respective lots in said
Subdivision, or their heirs, successors, legal representatives, grantees or assignees who may acquire
title to any lot, do hereby give and grant unto the Association a lien upon the respective lots for such
charges, and the Association shall have the right to enforce the payment thereof as in the foreclosure
of a mortgage, and all costs thereof shall be paid by the owner, to include reasonable attorney's fees
and court costs.
2.13 All utilities (telephone, water, electric power, natural gas, cable TV, etc.) shall be
underground. The use of liquid petroleum (propane) fuel for any purpose other than portable LP
outdoor grilles is prohibited (i.e., cooking and/or heating with propane gas is not permitted).
2.14 Each owner/occupant shall use the available central water system for all potable water
use within the home (No wells shall be permitted without the proper permits and the express written
consent of the Association.).
2.15 Each home shall have its own septic tank installed and maintained in accordance with
all applicable state and local codes. If, at some future date, a government operated or approved
sewage disposal system becomes available, each owner shall connect to and use such central sewage
disposal system.
2.16 All garbage cans and refuse/recycling containers shall be stored out of sight within a
utility room, garage or other suitable enclosed area and placed at street side not more than 12 hours
prior to collection day. They shall be returned to their proper storage location as soon as practicable
after being emptied by the collection/refuse service.
2.17 All antennas, aerials, satellite dishes and similar devices shall be of the minimum size
and height necessary to accomplish their purpose, shall be located in the least visible (from the
street) location on the lot from which acceptable quality signals can be received, and shall be subject
to all Federal and State regulations and laws. Satellite antennas larger than one (1) meter (39.37
inches) in diameter are prohibited. Those antennas, aerials, satellite dishes or similar devices which
are no longer in service shall be removed and properly disposed of off the property or stored out of
sight within a garage or utility room.
2.18 No home shall be leased/rented to any person or persons without the prior approval of
the Association and all of the restrictive covenants, conditions and reservations set forth herein shall
apply to the lessee/renter and to the leased/rented property in the same manner as if occupied by the
owner. In addition, no home shall be leased/rented unless at least one person within the leased/
rented household is at least 55 years of age or older (See paragraph 2.3d above.).
2.19 The lots in said Subdivision shall be subject to easements for necessary utility service
(telephone, water, electric power, natural gas, cable TV, etc.) as may be required. Within these
easements, no structure, planting or other material shall be placed, or permitted to remain, which
might damage or interfere with the installation and maintenance of these utilities. Nevertheless, the
easement area of each lot shall be continuously maintained by the owner/occupant of said lot in the
same manner as the rest of the lot (Except such maintenance which is, or may become, the public
authority or utility company's responsibility).
2.20 No owner shall grant an easement to any other person or persons for the purpose of
obtaining a right-of-way for access to the canal or lake adjoining their lot, nor shall any owner subdivide
or sell any portion of their lot(s).
ARTICLE III – GENERAL PROVISIONS
3.1 The Association operates, maintains, insures and/or pays taxes on streets, street lights, a
storage lot and other common areas/facilities used by owners and occupants. For these purposes, all
lots included and shown upon the plat of said Subdivision shall be subject to assessments and/or
maintenance fees to ensure the proper operation of the Association and the maintenance of these
common areas/facilities. Such charges, and the date such charges are due, shall be determined by the
Association and shall be reasonable and in accordance with the requirements for said purposes.
a. In addition to the annual assessments authorized above, the Association may levy a
special assessment for the purpose of repaying a loan or defraying in whole or in part extraordinary
items of Association expenses other than those contemplated by the annual budget and/or such other
Association expenses determined by the Board to be payable by the Association and which are not
inconsistent with the terms of this Amended and Restated Declaration of Restrictions, the Articles of
Incorporation or the By-Laws, all as amended from time to time.
b. To ensure the payment of these assessments/fees, the owners of the respective lots in
said Subdivision, or their heirs, successors, legal representatives, grantees or assignees who may
acquire title to any lot, do hereby give and grant unto the Association a lien upon the respective lots
for such assessments, interest and late charges, and the Association shall have the right to enforce the
payment thereof as in the foreclosure of a mortgage, and all costs thereof shall be paid by the owner,
to include reasonable attorney's fees and court costs. The Association has a continuing lien on each
lot, and the lien shall relate back to the date of the Original Declaration. Assessments not paid when
due shall bear interest at the maximum rate permitted by law which is currently 18% per annum.
Further, if assessments are not paid when due, the Association shall have the right to charge an
administrative fee in the amount determined by the Association. Assessments shall be applied in the
following manner: first to interest accrued, then to any administrative late fee, then to any costs and
reasonable attorney’s fees incurred, and then to delinquent assessments. If an owner is in default in
the payment of an assessment, the Board may accelerate the remaining balance of the assessment for
the remainder of the budget year. Accelerated payments shall be due and payable on the date the
lien is filed.
c. A first mortgagee, who acquires title to a lot by foreclosure or by a deed in lieu of
foreclosure, shall be jointly and severally liable with the owner for any unpaid assessments that
became due before the mortgagee’s acquisition of title.
extent permitted by law, shall indemnify, defend and hold harmless the Association and/or its
Directors (individually and collectively), and its successors and assigns, from all liabilities, claims,
losses, costs, damages and expenses, including costs and attorney's fees, resulting from their, or their
guests, tenants, agents and/or invitees, use of these streets and other common areas/facilities.
3.2 The Association expects all owners and occupants to be good neighbors. In the event
of a dispute, the persons involved shall attempt to resolve the issue amongst themselves amicably. If
this is unsuccessful, a written complaint describing the problem in detail and signed by the
complainant may be forwarded to the Board for investigation and appropriate action. Nevertheless,
if any owner, or other person(s) occupying any of said lots, shall violate, or attempt to violate, any of
the covenants, conditions or restrictions herein, it shall be lawful for any other person(s) owning real
property in said Subdivision, or the Association, to prosecute any proceeding at law, or in equity,
against said person(s), either to prevent them from so doing, or to recover damages or any proper
charges for such violation. Costs of such proceedings, including reasonable attorney's fees and costs
incurred prior to the proceeding, during the proceeding, or on appeal of such proceedings, shall be
paid by the losing party.
a. In addition to the foregoing, the Association is entitled to reasonable attorney's fees
and costs incurred due to any proceeding in bankruptcy or any action relating to creditor’s rights.
b. The failure of the Association or of any owner to enforce any restrictive covenant,
condition, reservation or other provision herein shall in no event be deemed a waiver of the right to
do so thereafter.
3.3 The Association's Articles of Incorporation, the Association's By-Laws and the
Association's Rules and Regulations (if any) contain certain provisions which might amplify those
contained within this Amended and Restated Declaration of Restrictions. Nevertheless, no such
amplification shall be permitted to substantially alter or amend any of the rights or obligations of the
owners as set forth herein. Accordingly, in the event of a conflict between this Amended and
Restated Declaration of Restrictions and the Articles of Incorporation, the By-Laws or the Rules and
Regulations, this Amended and Restated Declaration of Restrictions shall control.
3.4 In the event of a conflict between the restrictive covenants, conditions and reservations
set forth above and the Lake County zoning or building codes, the more restrictive document shall
prevail.
3.5 Invalidation of any one of the restrictive covenants, conditions or reservations set forth
above by judgment or court order shall in no way affect any other covenant, condition or reservation
and they shall remain in full force and effect.
3.6 If the owners desire to modify or change this Amended and Restated Declaration of
Restrictions, such modifications or changes may be accomplished by recording in the Public Records
of Lake County, Florida an amended Declaration of Restrictions approved by at least one (1) owner
of at least two-thirds (2/3) of the lots in the Subdivision.
3.7 The restrictive covenants, conditions, and reservations set forth herein shall run with the
land and be binding upon the heirs at law, legal representatives, successors in title, and assigns of all
owners of lots in Western Shores Subdivision, Second Addition, regardless of how the owners
acquired title, for a period of thirty (30) years from the date this Amended and Restated Declaration
of Restrictions is recorded, unless within such time, three-fourths (3/4) of all owners within the
Subdivision execute a written instrument declaring a termination of this Amended and Restated
Declaration of Restrictions. After such thirty (30) year period, unless sooner terminated as provided
above, this Amended and Restated Declaration of Restrictions shall be automatically extended for
successive periods of ten (10) years each, until three-fourths (3/4) of all Owners in the Subdivision
execute a written instrument declaring a termination of this Amended and Restated Declaration of
Restrictions.
3.8 The date of this Amended and Restated Declaration of Restrictions shall be the date this
document is recorded in the Public Records of Lake County, Florida and it shall become effective at
that time.
3.9 By means of this Amended and Restated Declaration of Restrictions, the date of which
shall be as indicated above, the undersigned do hereby impress, place upon, and declare the title to
the lands in said Subdivision to be subject to the restrictive covenants, conditions, and reservations
set forth herein.