Gary Hudson, Treasurer and Chair, Deeds of Restriction Committee
Section 1 of the Amended, Restated, and Revised Deeds of Restriction (ARCDOR): “As provided in the original Deeds of Restrictions applicable to Unit 3, Unit 4, Unit 5, Unit 6, Unit 7, Unit 8 and Unit 9, membership in the Association is voluntary for Lot Owners in these Units. As originally provided in the Deeds of Restrictions for Unit 11, Unit 12, and Unit 13 membership in the Association is mandatory for all Lot Owners in these Units.”
Regarding dues and membership, the distinction between “voluntary” and “mandatory” derives from what was “originally provided” in the founding documents. Maybe someone reading this article knows why there is this difference in what was “originally provided”.
ARCDOR further states that “The Town and River Civic Association, Inc., (hereinafter “Association”) is a not for profit corporation that was originally established by the Developer of Town and River. The Association is vested with the right, obligation and authority to enforce the Deed Restrictions and architectural restrictions against all Owners, guests, lessees, and invitees as hereinafter provided regardless of whether or not said persons are members of the Association.”
The primary, if not sole reason for the existence of our association is to enforce the deeds of restriction and architectural restrictions. By virtue of taking title to a property within Town & River Estates, the owner agrees to be bound by any applicable deeds of restriction.
As provided in ARCDOR “The conditions, covenants, and restrictions of this Deed of Restrictions shall run with the land and shall inure to the benefit of and be enforceable by the Association or the owner of any real property subject to this Deed of Restrictions, their respective legal representatives, heirs, successors and assigns until December 31, 2025.” There are unlimited automatic renewals for successive ten (10) year periods unless at least one year prior to an expiration, 75% of ALL owners vote not to renew (and such a vote is recorded at least one year prior to an automatic renewal date).
The deeds of restriction and the bylaws are two separate documents. The former involves covenants that “run with the land” and relate solely to the legal description of a property. The bylaws determine how the Town & River Civic Association, Inc. operates and governs its affairs.
The T&R Civic Association’s Bylaws provide that “The purpose of the Town & River Civic Association, Inc., as stated in the Deed of Restrictions, shall be for the benefit of all property owners and the community as a whole; therefore, membership in the Association is both mandatory and conferred with ownership of property herein.”
The association’s board endeavors to operate the association to be a benefit to all property owners. This is consistent with the Bylaws (“shall be for the benefit of all property owners and the community as a whole”). The board even tries to help owners who don’t have an active DOR. This is in everyone’s best interests to maintain property values.
At the advice of the association’s legal counsel, to the extent possible, the board conducts the association’s affairs as if all of T&R was subject to Chapter 720 of Florida Statues, which is for Homeowner’s Associations. An owner (whether mandatory or voluntary) must pay dues to be a member in good standing. Per the Bylaws, “Each lot owner in Town & River Estates whose dues are paid is entitled to vote.” Dues are “mandatory” for a “voluntary” property owner who wants a voice and the ability to vote on dues amount, election of directors, by-laws changes, and anything else subject to a vote of the association’s members. In addition to not being in “good standing” the bylaws provide that non-payment of dues is considered a violation of the deed of restrictions.
All the foregoing, plus a lot more, may be found on this website.