Foxchase at Orange Park IV and V

Proxy Draft

Nov 14, 2005

Fox Chase Home Owners Association
Modifications to the Current Covenant
The Board of Directors of the Fox Chase Home Owners Association announced changes to the current covenants at the HOA meeting on Thursday November 19, 2005. These changes are now being presented to you the homeowners for a vote. Each household has one vote. Please take the time to read the changes and then vote either ?“For?” or?”Against?” the changes in the Proxy which is attached. The pages that follow show the current language and the proposed changes. If you have any questions or need any clarification, please feel free to contact any one of the members.

-----------------------------------------------------------------------------------------------------------------------------------------------
Proxy for:

Home Owner Name:
Home Owner Address:

The Broad of Directors votes ?“For?” these changes.
For Against

1. Sheds, Shacks or Trailers.

2. Parking.


Sign and Date this proxy and return it to [insert name] by [insert date]. This must be received by [insert deadline] to be included. Any Proxies not received by the deadline will become a ?“For?” vote.

______________________________________________________________ Date: __________
Home Owner Signature


Return the completed Proxy to:

[Insert name and address]


Fox Chase Home Owners Association
Modifications to the Current Covenant

The following is an explanation of the proposal you are asked to vote upon.
Sheds, Shacks or Trailers.

ARTICLE XI: Restrictions Affecting Residential Lots, item #3 currently reads as follows:

No Sheds, Shacks or Trailers. No sheds, shack, mobile home, trailer, tent or other temporary or movable building or structure of any kind shall be erected or permitted to remain on any Residential Lot.

The Board of Directors is proposing to remove the restriction on sheds or gazebos in homeowner?’s backyards. The proposed language change is:

Limitations on Temporary or Movable Buildings or Structures. All temporary or movable buildings or structures including but not limited to a shed, shack, mobile home, trailer, tent, gazebo, or structure of any kind, is subject to the approval by the Architectural Committee which limits the size, color, height, and material. Approval must be received in writing by the board prior to any construction. The Homeowner is responsible for obtaining all required permits from Clay County.

Parking

ARTICLE XI: Restrictions Affecting Residential Lots, item #8 currently reads as follow:

Parking. No vehicle shall be parked on any Residential Lot or street on the Property unless such vehicle is operable on the highways of the State of Florida and has a current license tag. No repair work shall be performed on any vehicle except minor repairs which are completed within two (2) hour duration. No boat, recreation vehicle, truck or other commercial vehicle shall be parked on a Residential Lot except in the garage constructed on such Residential Lot.

The Board of Directors is proposing to modify the restrictions. The proposed language change is:

Parking. No vehicle shall be parked on any Residential Lot or street unless such vehicle is operable on the highways of the State of Florida and has a current license tag. No repair work shall be performed on any vehicle in the street. Minor repairs which are completed within two (2) hour duration may be performed in the driveway of Residential Lot or in the garage constructed on such Residential Lot. Boats and RVs are prohibited from parking on the street or in the driveway of the Residential Lot. No commercially licensed vehicle which meets any of the following criteria is permitted to be parked on a Residential Lot. [Insert criteria such as number of axels, weight, length, height, etc.]


Notification

The Board of Directors intends to exercise the application of ?“Special Assessment?” for the failure to comply with the Covenants under the provisions noted below. How the assessment will be exercised is described in the last paragraph.
Legal Action and Violation

ARTICLE XII: General Provisions, item #1 currently reads as follow:

Legal Action and Violation. It any Owner violated or attempts to violate any of these covenants and restrictions (hereinafter referred to as the ?“Offending Owner?”), Declarant, any Owner or the Association may, upon ten (10) days written notice to the Owner of the offending Residential Lot, prosecute proceedings at law for the recovery of damages against the Offending Owner and maintain a proceeding in equity against the Offending Owner for the purposes of preventing or enjoining all or any such violation or attempted violation. If any improvement exists on any Residential Lot which has no been installed or erected by Declarant or approved by the ARC or if any condition exists which is in violation of these covenants and restrictions, Delarant and the Association shall have the right, but not the obligation, to enter upon the Residential Lot where such violation exists and summarily to abate, correct or remove the same, all at the expense of the Offending Owner, and/or the Board may assess a reasonable fine against such Offending Owner, which expense or fine (herein called ?“Special Assessment?”) shall be payable by such Owner to the Declarant of the Association on demand. Any entry, abatement, correction or removal shall not be deemed a trespass or make the Declarant or Association liable for any damages on account thereof. The remedies contained in this paragraph shall be cumulative of all other remedies now and hereinafter provided by law and equity.

The Board of Directors is proposing to enforce the ?“Special Assessment?” against the Offending Owner. The first step of the enforcement will be a verbal notification of the violation(s). The second step will be to provide a written notification of the violation. The third step will be to impose a fine. The fourth step will be to execute the general provision.