1

Dora Pines AssociationPO Box 1084Mount Dora, FL 32757

FOURTH AMENDED AND RESTATED DECLARATIONOF DORA PINES, UNIT III, FOR THE DECLARATION

RECORDED IN O.R. BOOK 636, PAGE 1514,PUBLIC RECORDS OF LAKE COUNTY

Approved by Association Members January 19, 2016

This Fourth Amendment to Declaration of Dora Pines made and entered into this _14th_ day of __April_____, 2016, by Dora Pines Association, Unit III, Inc.

Witnessed:

WHEREAS, the original Declaration of Dora Pines, Unit III, dated July 12, 1997, was recorded on September 28, 1997, in Official Records Book 636, page 1514, Public Records of Lake County, Florida; and

WHEREAS, pursuant to and in accordance with that certain Final Judgment entered April 6, 1998, in the Fifth Judicial Circuit in and for Lake County, Florida, in The Petition of Department of Business and Professional Regulation, Division of Florida Land Sales, Condominiums and Mobile Homes v. Dora Pines Association Unit III, Inc., Case Number 1997-CA-002526, Dora Pines Association, Unit III, Inc. executed an Amended and Restated Declaration, which is dated June 9, 1998, and which was recorded on November 10, 1998, in Official Records Book 1659, page 1046, Public Records of Lake County, Florida; and

WHEREAS, said Amended and Restated Declaration was further amended pursuant to that certain Second Amended and Restated Declaration, which is dated November 22, 2011, and which was recorded on November 22, 2011, in Official Records Book 4096, page 1634, Public Records of Lake County, Florida; and

WHEREAS, said Amended and Restated Declaration and Second Amended and Restated Declaration were further amended pursuant to that certain Third Amended and Restated Declaration, which is dated January 21, 2014, and which was recorded on April 25, 2014, in Official Records Book 4469, Page 603, Public Records of Lake County, Florida; and

WHEREAS, pursuant to Paragraph 6 of said Third Amended and Restated Declaration, the Declaration may be further amended at any annual or special meeting of the members: and

1

2

WHEREAS, Dora Pines Association, Unit III, Inc. desires to further amend its Declaration as provided herein.

NOW THEREFORE, Dora Pines Association, Unit III, Inc. makes the following declarations:

1. The Land. The land subject to the Association, which are submitted to this Declaration, are those lands located in Lake County, Florida as are described in Exhibit “A” attached and made a part of the Declaration recorded in O.R. Book 636, page 1514, Public Records of Lake County Florida.

55 AND OVER DECLARATIONThe Association is an adult community designated to provide housing for persons 55 years of age

and older in accordance with Federal and State of Florida Laws. In order to remain exempt from the Fair Housing Act, 80% of the occupied homes must have at least one resident who is over the age of 55. This will be re-certified by the secretary of the Association every 2 years as required to maintain this qualification. All prospective residents are required to meet with the Board of Directors, or its designee, prior to closing on the property to provide proof of age for each proposed occupant of the home, and sign a statement that they have received a copy of the governing documents of the Association and will abide by them. The Board of Directors shall have the sole and absolute authority to deny occupancy of a home by any person(s) who would not comply with this 55 and Over Declaration. In the event of the death of an owner, the property can be passed on to a family member who is less than 55 years of age and that person can become a resident in the subdivision as long as the percent of occupied homes with a resident 55 years of older remains at least 80%. No persons under the age of forty (40) shall be allowed to permanently reside or live in any dwelling or residence or on any of the lots in the Association, except that members of a Lot Owner’s family under the age of forty (40) years may visit and stay with a Lot Owner for a period of time not to exceed sixty (60) days total in a calendar year. The Board of Directors shall establish policies and procedures for the purpose of ensuring that the foregoing percentages of occupancy by older persons are maintained at all times, recognizing that the remaining twenty percent (20%) is intended to cover the unforeseen exigencies of life, which may result in a home that was formerly in compliance with this restriction being involuntarily not in compliance with this restriction.

2. Definitions: The terms used in this Declaration and in its exhibits shall have the meanings stated in the Corporations Not for Profit (Chapter 617, Florida Statutes), the provisions of which Act are incorporated by reference herein and as follows unless the context otherwise requires:

2.1 Declaration or Declaration of Servitude. Means this instrument as it may from time to time be amended.

2.2 Association. Means Dora Pines Association, Unit III, Inc., a Non-Profit Corporation, being the entity responsible for the operation of the Association.

2

3

2.3 By-Laws. Means the By-Laws of Dora Pines Association Unit III., as they exist from time to time for the government of the Association.

2.4 Common Elements. Means all lands and improvements owned and used by the Association.

2.5 Corporation Not For Profit. Means and refers to Chapter 617 Florida Statues, as same may be amended from time to time.

2.6 Common Expenses. Means the expenses for which the Lot Owners are liable to the Association.

2.7 Common Surplus. Means the excess of all receipts of the Association including but not limited to assessments, rent, profits and revenues on account of the common elements, over the amount of common expense.

2.8 Association Property. Means and includes all land described in paragraph 1 above, whether or not contiguous, and all improvements thereof, and all easements and rights thereto, intended for use in connection with the Association.

2.9 Assessment. Means a share of the funds required for the payment of common expenses which from time to time, is assessed against the Lot Owner.

2.10 Institutional Mortgage. Means a Bank, Savings & Loan Association, Insurance Company, or Union Pension Fund, authorized to do business in the State of Florida, or an Agency of the United States Government.

2.11 Articles of Incorporation. Means the Articles of Incorporation of the Association, as amended from time to time.

2.12 Lot. Means a lot or parcel of real property owned by a Lot Owner and shown as such on the plat of Dora Pines Subdivision, Plat Book 22, Page 20 and Dora Pines, Unit III, Plat Book 22, pages 42 and 43, Public Records of Lake County, Florida. It may also mean any lot or parcel of real property owned by a Lot Owner and shown as such on the plat of Dora Pines, Unit I, Plat Book 22, pages 25 and 26, and Dora Pines, Unit II, Plat Book 22, page 31, Public Records of Lake County, Florida. Only platted lots that are “buildable” as defined by the Lake County Building Code shall be subject to assessment. All platted Lots required to be aggregated or combined by the Lake County Building Code in order to be “buildable” will be considered as one lot for the purpose of voting and assessment.

2.13 Lot Owner. Is a person, persons or corporation which owns a legal fee or equitable title under a recorded deed or agreement for deed in any lot partial lot or parcel in said Dora Pines Subdivision or said Dora Pines, Unit III and whose lot, partial lot or parcel abuts the association property. This definition may also be expanded to include said Dora Pines, Unit I and Dora Pines, Unit II, should additional property in those subdivisions be added in the future. Also, it may include an owner of a lot in

3

4

any of said subdivisions and whose lot does not abut the association property, if the owner voluntarily joins in this declaration now or hereafter.

3. Easement for Ingress and Egress. An easement for ingress and egress is created hereby over the roads, pathways, and driveways shown on the survey and plot plan attached to the declaration recorded in O.R. book 636, page 1514, Public Records of Lake County, and such easement shall be perpetual and for the use of Lot Owners (which shall also be deemed as including their guests and invitees).

4. Common Expenses. Each Lot Owner shall be a member of the association by reason of being a Lot Owner and shall be liable for a proportionate share of the common expenses of the Association.

5. Voting Rights. There shall be one person with regard to each Lot, who shall be entitled to vote at any meeting of the Lot Owners – such person shall be known (and is hereinafter referred to) as a “voting member.”

If a lot is owned by more than one person, the owners of that lot shall designate one of them as a voting member or in the case of a corporation unit ownership, an officer or an employee thereof shall be designated the voting member. The designation of the voting member shall be made as provided by, and subject to, the provisions and restrictions set forth in the By-Laws of the Association. The total number of votes shall be equal to the total number or lots as of that date and each Lot shall have no more and no less than one equal vote in the Association. The vote of a lot is not divisible.

Lot and Lot Owner, for the purposes of voting rights, shall be defined at paragraph 2.12 and 2.13 above.

If a member is more than 90 days delinquent in paying any fee, fine, or other monetary obligation due to the association, the association may suspend the rights of the member, or the member’s tenant, quest, or invitee, to use common areas and facilities until the fee, fine, or other monetary obligation is paid in full. This subsection does not apply to that portion of common areas used to provide access or utility services to the parcel. A suspension may not prohibit an owner or tenant of a parcel from having vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park. The notice and hearing requirements under subsection (2) do not apply to a suspension imposed under this subsection. See F.S. 720.305 (3)

An association may suspend the voting rights of a parcel or member for the nonpayment of any fee, fine, or other monetary obligation due to the association that is more than 90 days delinquent. A voting interest or consent right allocated to a parcel or member which has been suspended by the association shall be subtracted from the total number of voting interests in the association, which shall be reduced by the number of suspended voting interests when calculating the total percentage or number of all voting interests available to take or approve any action, and the suspended voting interests shall not be considered for any purpose, including, but not limited to, the percentage or number of voting interests necessary to constitute a quorum, the percentage or number of voting interests required to conduct an election, or the percentage or number of voting interests required to approve an action under this chapter or pursuant to the governing documents. The notice and hearing requirements under subsection (2) do not apply to a suspension imposed under this subsection. The suspension ends upon full payment of all obligations currently due or overdue to the association. See F.S. 720.305 (4)

4

5

6. Method of Amendment of Declaration. The Declaration or any rule, regulation or restriction derived from it shall be amended by the

method prescribed in this section. The Declaration may only be amended at any annual or special meeting of the members of the Association, with voting rights, called and convened in accordance with the By-Laws, or by execution of a written consent without need of a meeting.

A resolution adopting a proposed amendment may be proposed by either the Board of Directors of the Association or by the members of the Association. Amendments proposed by the members shall comply with the requirements set forth in the By-Laws for the calling of a special meeting. Directors and members not present in person may cast an absentee ballot. Absentee ballots must be delivered to the Secretary prior to the meeting. Such approvals must be either by:

(a) If considered at the annual meeting of the members, approval shall be by not less than Two-Thirds (67%) of the votes cast in person, or by absentee ballot by the members with voting rights at a duly noticed meeting at which a quorum (30% of the entire membership) is present.

(b) If considered by written consent without a meeting, consent obtained in accordance with the procedures allowed by law, shall be by the owners and holders of not less than Two-thirds, (67%) of the votes of the entire membership with voting rights of the Association.

All amendments shall be recorded in the Public Records for Lake County, Florida and shall be accompanied by a certificate executed on behalf of the Board of Directors, attesting to the due passage thereof.

7. By-Laws. The operation of the Association property shall be governed by the By-Laws which are set forth in a document entitled “Revised and Restated By-Laws of Dora Pines Association, Unit III, Inc., copy of which is attached hereto and marked Exhibit “B” and made a part hereof. The By-Laws may be amended in the manner provided for therein.

8. Operating Entity. The name of the Association responsible for operation of the Association is “Dora Pines Association, Unit III, Inc.”, and said corporation is a non-profit Florida corporation, organized and existing pursuant to the Corporations Not for Profit Act. This association shall have all of the powers and duties granted to or imposed upon it by this Declaration, the By-Laws of the Association, and its Articles of Incorporation, a copy of which Articles of Incorporation are attached hereto, marked Exhibit “A”, and hereby made a part hereof.

9. Binding effect. Every owner of a lot as defined herein, whether he has acquired his ownership by purchase, by gift, conveyance or transfer by operation of the law, otherwise, shall be bound by the By-Laws of said Association, the Articles of Incorporation of the Association and by the provisions of this Declaration.

10. Assessments. The Association through its Board of Directors shall have the power to fix and determine, from time to time, the sum or sums necessary and adequate to provide for the common expenses of the Association property, and such other assessments as are specifically provided for in this Declaration and the By-Laws attached hereto. The procedure for the determination of such assessments shall be as set forth in the By-Laws of the Association.

5

6

The common expenses shall be assessed against such Lot Owner, as provided in this Declaration.

Assessments unpaid 45 days after the due date shall bear an Administrative Fee of $10.00 per month from the due date until paid in full. Administrative Fees may not be imposed without at least 14 days written notice to the lot owner.

The Association shall have a lien on a lot for any unpaid assessments, together with interest thereon, against the Lot Owner of such lot, together with a lien on all tangible personal property located upon said lot. Reasonable attorney’s fees and costs incurred by the Association incident to the collection of such assessment and/or Administrative fees for the enforcement of such lien, together with all sums advanced and paid by the Association for taxes and payments on account of superior mortgages, liens, or encumbrances, which may be required to be advanced by the Association in order to preserve and protect its lien, shall be payable by the Lot Owner and secured by such lien. The Association’s liens shall also include those sums advanced on behalf of a Lot Owner on payment of his obligation.

The Board of Directors may take such action as they deem necessary to collect assessments by personal action, or by enforcing and foreclosing said lien, and may settle and compromise the same, if in the best interests of the Association. The Association shall be entitled to bid at any sale held pursuant to a suit to foreclose an assessment lien, and to apply as a cash credit against its bid, all sums due the Association covered by the lien enforced.

11. Insurance Provisions.

11.1 Liability and Casualty Insurance. The Board of Directors of the Association shall obtain Public Liability and Property Damage Insurance covering all of the common elements and insuring the Association and the Lot Owners in their respective interests, in such amounts as the Board of Directors of the Association may determine from time to time. Said insurance shall include but is not limited to water damage, legal liability and off-premises employee coverages. Premiums for the payment of such insurance shall be paid by the Association and charged as a common expense.

11.2 Purchase of Insurance. The Association shall obtain fire and extended Coverage Insurance and Vandalism and Malicious Mischief Insurance insuring all of the insurable improvements within the Association property including personal property owned by the Association, in and for the interest of the Association and all Lot Owners, as their interest may appear, in a company acceptable to the standards set by the Board of Directors for the Association; the premiums for such coverage and other expenses as a common expense. The company or companies with whom the Association shall place its insurance coverage as provided in this Declaration shall be responsible companies authorized to do business in the State of Florida.

11.3 Loss Payable Provision. All policies purchased by the Association shall be for the benefit of the Association and Lot Owners as their interests may appear.

6

7

11.4 Surplus. It shall be presumed that the first monies disbursed in payment of costs of reconstruction and repaid shall be from insurance proceeds. If there is a balance in a construction fund after payment of all costs of the reconstruction for which the fund is established, such balance shall be distributed to the Association’s General Fund.

11.5 Plans and Specifications. Any reconstruction or repair must be substantially in accordance with the plans and specifications for the original improvements of according to plans approved by the Board of Directors for the Association which approval shall not be unreasonably withheld.

11.6 Workman’s Compensation Policy. The Association shall purchase a workmen’s compensation policy to meet the requirements of law.

11.7 Miscellaneous Insurance. The Association shall purchase such other insurance as the Board of Directors shall from time to time deem desirable. In addition, each Lot Owner shall be individually responsible for purchasing at his own expense, any additional liability insurance he may deem necessary to cover accidents upon his own lot or upon the common elements and for purchasing insurance on his own personal property.

12. Association Property – Use and Occupancy.

12.1 Easements for the installation and maintenance of utility services are reserved on the Association property and it is understood that such easements may be used by the Association and or its assigns for such installation and maintenance, as the case might be.

12.2 No nuisance shall be allowed upon the Association property nor any use or practice which is a source of annoyance to Lot Owners, or which interferes with the peaceful possession and proper use of the property by Lot Owners. All parts of the Association property shall be kept in a clean and sanitary condition, and no rubbish, refuse, garbage, or any fire hazard is allowed to exist.

12.3 No outside commercial activity of any kind shall be conducted on or in Association property, unless the vendor has a contract with the Board of Directors.

12.4 The Lot Owner shall not permit or suffer anything to be done or kept on his lot which will increase the rate of insurance on the Association property, or which will obstruct or interfere with the rights of other Lot Owners, or annoy them by unreasonable noises, or otherwise, nor shall the Lot Owner commit or permit any nuisance, immoral or illegal act in or about the Association property.

7

8

12.5 No person shall use the common elements or any part thereof, or the Association property or a part thereof or any lot or any part thereof in any manner contrary to or not in accordance with such rule and regulations pertaining thereto, as from time to time may be promulgated by the Association.

12.6 Community yard or rummage sales will be permitted on Association property with the approval of the Board of Directors.

13. Restrictive Covenants/Residential Lots.

13.1 Lots are to be used for residential purposes only. Building requirements for all new homes and site improvements are as follows:

13.2 Any new or replacement home placed or constructed upon Association property must be a new double wide manufactured home.

13.3 Replacement of any current single wide manufactured homes must comply with any and all current Lake County building codes.

13.4 No “park model” manufactured homes, recreational vehicles, or tents are permitted to be used as a permanent residence anywhere in or on the Association property.

13.5 The only skirting permitted shall be made of vinyl, aluminum, stone, block or simulated masonry. No other skirting material shall be permitted.

13.6 The only carports or garages permitted shall be no less than two hundred forty (240) square feet. Carports and garages must be made of aluminum or vinyl, must be specifically manufactured for such purposes, and must reasonably match the existing mobile home structure. Carports and garages must be built and attached according to Lake County building codes.

13.7 A porch may be added to a new or existing home. The porch must be made of aluminum or vinyl, which is specifically manufactured for such purposes, and must match the new or existing manufactured home structure. Any porch added must be built according to the Lake County building codes. For the purposes of this section, a porch shall be defined as a covered, roofed area adjoining an entrance to the home. A porch may be open on three sides or have window treatments using glass, clear vinyl, or screens.

13.8 A deck may be built on or added onto a new or existing home. For the purposes of this section, a deck shall be defined as an addition to the side or back of a home which is open on three sides with no window treatments of any kind. A deck may be constructed of pressure treated or composite lumber. A deck may have an awning style aluminum roof. Any deck added must be built according to the Lake County building codes.

8

9

13.9 Steps and accompanying landings or stoops leading to a home may be built of pressure treated or composite lumber, cement, bricks, concrete blocks, metal, or a combination of these materials. All new or replacement steps or stoops must be approved by the Board of Directors.

13.10 Handicapped accessible ramps may be constructed of pressure treated or composite lumber, metal, or a combination of these materials.

13.11 Each new home must have a utility shed located under the new or existing carport, of no less that forty-eight (48) square feet which is built according to the Lake County building codes. Any additional sheds must be constructed or installed no more than six (6) inches away from the home. Any shed must be approved by the Board of Directors and be built and installed according to the Lake County building codes.

13.12 Parking on mobile lots is permitted only on a concrete driveway. Existing stone parking pads must be maintained, bordered, and be kept weed free.

13.13 Any landscaping plan presented to and approved by the Board of Directors must be completed within sixty (60) days of said approval.

13.14 A site plan that includes the location, size of home, and placement of any additions must be submitted to the Board of Directors for approval before any building or construction may commence. The Board of Directors shall approve or deny such plans within thirty (30) days. This plan must be in compliance with the Lake County building codes.

13.15 Plans for any addition or modification to a home must be submitted in writing to the Board of Directors, who shall approve or deny such plans within thirty (30) days. Any addition or modification to an existing home that violates any of the above listed covenants that pertain to new homes is prohibited. Additions or modifications must not encroach on Association property or be in violation of any Lake County building codes or zoning ordinances.

13.16 Fences that are designed as barriers or enclosures are not permitted. Decorator garden fences or privacy screens must have Board approval. Decorator garden fences must be made of vinyl and are limited to two (2) feet in height. Privacy screens are limited to one four (4) foot by eight (8) foot, or smaller, section of vinyl fence.

13.17 Any and all clotheslines must be located in the back yard.

13.18 At all times, all homes and lots must be maintained and must comply with all applicable laws. Each homeowner who is not in compliance with this provision will be notified by the Board of Directors. The Association maintains and reserves the right to assess administrative fees or maintain any and all lots in the Association Property should the lots not be in compliance with this provision. The owner(s) of any lot on which the Association performs any maintenance as described above will be charged for such services rendered including any legal fees encountered..

9

10

13.19 Yard sales are prohibited on any resident’s lot, except for estate or moving sales. Yard sales must be held on the Association’s common areas with approval of the Board of Directors.

13.20 Burning of trash and open fires are prohibited within the Dora Pines subdivision. Cooking fires sponsored by Dora Pines Organizations are permitted.

13.21 Owners may lease homes to tenants for a period of time not to exceed six (6) months within any calendar year with written notice to the Board of Directors. All leases must comply with the 55 and Over Declaration.

13.22 No part of any lot in the Dora Pines subdivision shall be filled or excavated without the prior written consent of the Board of Directors.

13.23 Owners selling their home are permitted to post a “For Sale” sign on said owner’s lot.

13.24 Disturbing noise, including but not limited to persistent loud noise, either from people, musical instruments, radios, televisions, mechanical instruments, animals or otherwise which is disruptive to other residents is not permitted at any time. Quiet is absolutely required between the hours of 10:00 p.m. and 8:00 a.m. daily.

13.25 No lot, or improvement thereon, shall be used for any purpose other than residential. No commercial or professional enterprises may be conducted thereon, including Day Care (as defined below). A lot owner or resident may maintain a home office for their exclusive use, except it may not be advertised as a place to respond for goods or services, other than the advertising of a parcel for lease or sale. No customers, staff, co-workers, deliveries of stock or supplies shall be permitted. For the purposes of this section, Day Care shall mean the supervision, either for profit or free of charge, on a daily basis, of children who are not members of the homeowner’s immediate family.

14. Vehicles.

14.1 All wheeled vehicles (cars, bicycles, motor scooters, motorcycles, golf carts, etc.) must be operated in a safe and responsible manner in accordance with all applicable state and county regulations or posted signs. Motorcycles may be used for entering and exiting your property only. Guests without a valid driver’s license may not operate any motorized vehicle in the subdivision. Golf cart drivers less than 16 years of age must be accompanied by an adult.

14.2 Parking on home lots is permitted only on concrete and/or asphalt driveways. Visitor parking is located at the Hospitality House and the Clubhouse. Overnight parking on the streets is prohibited.

(a) No boats, boat trailers, motor homes, travel trailers and unregistered vehicles or other like objects shall be stored or parked on Association or private property without written consent of the Board of Directors. The above must be stored elsewhere or at lot provided for storage of boats, motor homes, or the like.

10

11

(b) Overflow parking is permittd on common grounds grass for specific events.

14.3 Major mechanical or body repairs on cars or other vehicles is not permitted in this subdivision.

14.4 Utility trailers not to exceed 6 ft. by 8 ft. with a gross vehicle weight of one thousand (1,000) pounds or less are permitted. Pickup trucks or vans which are used primarily as personal transportation or to tow trailers are permitted provided they have a single rear drive axle and do not exceed what is considered a one-ton vehicle.

15. Pets.

15.1 Pets are limited to two domestic pets per household. The following purebred or mixed breed dogs are not permitted: German Shepherd, Doberman, Keeshond, Pit Bull, Chow, Akita, Rottweiler, Staffordshire, Ferner, Great Dane, Wolf Hybrid, Malamute, Husky type, and mixed breed of any of the above. Documentation from a licensed veterinarian is required when a dog’s breeding is in question. Restrictions apply to the pets of all guests.

15.2 Excessive barking and vicious or aggressive behavior toward people or other animals will NOT be permitted.

15.3 Pets that are on Lot Owner’s property or in a vehicle (car, golf carts, etc.) must be under the owner’s control at all times.

15.4 Pets not on Lot Owner’s property or in a vehicle must be on a leash.

15.5 Owner must clean up after their pet on any property including their own. Multiple complaints will warrant further restrictions.

15.6 Pet owners are responsible for all damages to property or persons caused by their pets. No pets are allowed in the pool area or in public buildings, except in weather emergencies. During such emergencies pets must be crated.

16. Common Areas.

16.1 Recreational facilities are for the exclusive use of residents and their guest. A resident must accompany all guests under the age of 18 years old.

16.2 Air rifles, bow and arrow or guns of any kind will not be used in this subdivision.

16.3 The key for common areas is restricted to residents only and may not be duplicated.

11

12

16.4 Disturbing noise is not permitted at any time and quiet is required between 10:00 PM and 8:00 AM daily.

16.5 All Clubhouse and Pool Rules and Regulations shall be followed by residents and guests.

16.6 Lot Owner’s use of common area shall be suspended if the Lot Owner’s assessment is more than 90 days delinquent.

17. Enforcement of Covenants.

These restrictions shall be considered as covenants running with the land, and shall bind the purchasers of all lots, their heirs, executors, administrators, and assigns and if said Owners or any of them, their heirs, executors, successors or assigns, shall violate or attempt to violate any of the covenants or restrictions herein contained it shall be lawful for any person or persons owning any such lot to prosecute any proceeding at law against the person or persons violating or attempting to violate any such covenant or restriction and either to prevent him or them from so doing or to recover damages for such violation including costs of the suit and a reasonable attorney’s fee. Any invalidation of any of these covenants and restrictions shall in no way affect any other of the provisions thereof which shall thereafter remain in full force and effect. In any action to enforce said governing documents the prevailing party shall be entitled to recover its attorney’s fees and costs. The Association shall be entitled to levy an individual special assessment in the amount of any award of attorney fees and costs recovered in an action to enforce the governing documents. Collection of individual special assessments shall be in the manner provided in Article 10 hereof.

Residents are encouraged to willingly abide by the covenants and to respect the rights of others where community rules are involved. Legitimate complaints registered by any Association Member concerning infractions of these covenants shall be reported to the Board of Directors in writing which shall be signed and dated by the complaining party.

If the infraction is not corrected within (15) days of initial contact, a letter will be sent to the resident including the nature of the infraction, the rule violated, a reminder of the initial contact and another request for voluntary compliance.

If the violation is not corrected immediately, Dora Pines may contact our attorney and seek mediation. If the violation goes to mediation, the homeowner will be liable for one-half of the cost of the mediator.

If homeowner refuses to participate in mediation or refuses to abide by the mediator’s recommendation, Dora Pines may go to a court proceeding. In the event that the matter goes to court, the loser of the suit will be liable for all court and attorney fees.

12

13

18. Maintenance and Alterations.

18.1 The Board of Directors of the Association may enter into a contract with any firm, person or corporation for maintenance, and/or repair of the Association property, and may join with other association corporations in contracting with the same firm, person or corporation for maintenance and repair.

18.2 Except as hereinabove provided there shall be no material alteration or substantial addition to the common elements unless the same are authorized by the Board of Directors and ratified by the affirmative vote of voting members casting not less than two-thirds (67%) of the total votes of the members of the Association present at any regular or special meeting of the Lot Owners called for that purpose: provided the aforesaid alteration or additions do not directly prejudice the right of any Lot Owner unless his consent has been obtained. The Board of Directors may not contract with any management organization or entity without the approval of 67% of the votes cast in person or by absentee ballot, provided a quorum of 30% of entire membership of the Association is present at the Association meeting.

18.3 Emergency powers

(1) In anticipation of or during any emergency defined in subsection (5), the board of directors of a corporation may:

(a) Modify lines of succession to accommodate the incapacity of any director, officer, employee, or agent; and

(b) Relocate the principal office or designate alternative principal offices or regional offices or authorize the officers to do so.

(2) During an emergency defined in subsection (5), unless emergency bylaws provide otherwise:(a) Notice of a meeting of the board of directors need be given only to those directors

whom it is practicable to reach and may be given in any practicable manner, including by publication and radio;

(b) One or more officers of the corporation present at a meeting of the board of directors may be deemed to be directors for the meeting, in order of rank and within the same rank in order of seniority, as necessary to achieve a quorum; and

(c) The director or directors in attendance at a meeting, or any greater number affixed by the emergency bylaws, constitute a quorum.

(3) Corporate action taken in good faith during an emergency under this section to further the ordinary affairs of the corporation:(a) Binds the corporation; and(b) May not be used to impose liability on a corporate director, officer, employee, or agent.

(4) An officer, director, or employee acting in accordance with any emergency bylaws is only liable for willful misconduct.

(5) An emergency exists for purposes of this section if a quorum of the corporation’s directors cannot readily be assembled because of some catastrophic event.

13

14

(6) To the extent not inconsistent with any emergency bylaws so adopted, the bylaws of the corporation shall remain in effect during any emergency, and upon termination of the emergency, the emergency bylaws will cease to be operative.

19. Miscellaneous Provisions.

19.1 No Lot Owner may exempt himself from liability for his contribution toward the common expenses by waiver of the use and enjoyment of any of the common elements, or by the abandonment of his lot.

19.2 All provisions of this Declaration and Exhibits attached hereto and Amendments thereof, shall be construed to be covenants running with the land, and or every part thereof and interest therein, and every Lot Owner and Claimant of the property or any part thereof or of any interest therein, and his heirs, executors, administrators, successors and assigns, shall be bound by all of the provisions of said declaration and exhibits annexed hereto and Amendments hereof.

19.3 If any provisions of this Declaration or of the By-Laws attached hereto, or of the Corporations Not for Profit Act, or any section, sentence, clause, phrase, or word, or the application thereof, in any circumstances, is held invalid, the validity of the remainder of this Declaration, the By-Laws attached hereto or The Corporation Not for Profit Act, and of the application of any provision, section, sentence, clause, phrase or word in other circumstances shall not be affected thereby.

19.4 Whenever notices are required to be sent hereunder, the same may be delivered to Lot Owners, either personally or by mail, addressed to such Lot Owners, at their place of residence, unless the Lot Owner has , by written notice duly receipted for, specified another address. Proof of such mailing or personal delivery by the Association shall be given by Affidavit of the person mailing or personally delivering said notice. Notices to the Association shall be delivered by mail to the office of the Association at:

Dora Pines Association, Unit III, Inc.P.O. Box 1084Mount Dora, FL 32757

Or such other place as designated by the Board of Directors.

19.5 Should the Association find it necessary to bring a Court action to bring about compliance with the law, this Declaration or the By-Laws, upon a finding by the Court that the violation complained of exists, the Lot Owner so violating shall reimburse the Association for reasonable attorney’s fees incurred by it in bringing such action, as determined by the Court.

19.6 The captions used in this Declaration and Exhibits annexed hereto are inserted solely as a matter of convenience and shall not be relied upon and/or used in construing the effect of meaning of any of the text of this Declaration or exhibits annexed hereto.

14

15

DORA PINES ASSOCIATION, UNIT III, INC.

BY ________________________________________ Richard Riker, President

ATTEST ____________________________________Robert Rinehart, Vice-President

STATE OF FLORIDACOUNTY OF LAKE

Before me personally appeared Richard Riker and Robert Rinehart, respectively President and Vice-President of DORA PINES ASSOCIATION, UNIT III, INC., to me well known, and they acknowledged before me that they executed the foregoing instrument as such officers of said corporation, and that they affixed thereto the official seal of said corporation; and I further certify that I know said persons making said acknowledgement to be the individuals in and who executed the said instrument.

DATE:_________________ Notary Signature: ___________________________ Susan Vibert

*The Restrictive Covenants are no longer in affect since they are included in the Fourth Amended and Restated Declarations dated January 29, 2016.

15