SECOND AMENDED AND RESTATED

PROTECTIVE COVENANTS AND RESTRICTIONS

OF

HOLIDAY ISLE

            WHEREAS, Protective Covenants and Restrictions for Holiday Isle Subdivision were recorded in Official Record Book 256, at Pages 416-430, inclusive, of the Public Records of Okaloosa County, Florida, on December 21, 1962, and

            WHEREAS, amendments to said Protective Covenants and Restrictions were adopted and respectively recorded as follows: Official Records Book 1042 at Pages 73-82, inclusive, on June 11, 1979; Official Records Book 1291 at Pages 1562-1568, inclusive, on May 6, 1985; Official Records Book 2105 at Pages 2484-2485, inclusive, on October 28, 1997;  Amended and Restated Protective Covenants and Restrictions at Official Records Book 2243 at pages 3551-3563, inclusive on March 17, 2000; Official Records Book 2805 at page 4661 on September 7, 2007, and Official Records Book 2811 at pages 3733-3735, inclusive, on October 18, 2007, all in the Public Records of Okaloosa County, Florida; and

            WHEREAS, pursuant to the provisions of Article VI hereof, the approval of a majority of the votes cast by leaseholders/owners who are voting members of the Association has been obtained to amend said Amended Protective Covenants and Restrictions as hereinafter set out.

            NOW, THEREFORE, the undersigned Association, successor in interest to White Sands Development Corporation and CBS Development Corporation, having succeeded to this interest by virtue of an Agreement and Transfer dated the 20th day of August, 1977, recorded in Official Records Book 928, at pages 968 Through 972, inclusive, of the Public Records of Okaloosa County, Florida, and being vested with all rights and liabilities therein, hereby files, declares, and amends said Amended and Restated Protective Covenants and Restrictions as follows:

            1.         This amended declaration shall constitute a covenant running with the land and these Second Amended Protective Covenants and Restrictions (“Covenants”) shall be for the benefit of and limitation upon all present and future leaseholders/owners and do hereby define the only uses permitted or allowed.

            2.         These Covenants, as amended, supersede all prior Protective Covenants and Restrictions and shall run with the land and be binding on all parties and all persons claiming under them for a period of thirty years from the date of this amendment after which time they shall be extended automatically for successive ten year periods, unless written consent of the voting majority of the leaseholders/owners of real property on “Holiday Isle” as defined in paragraph 3 below has been obtained agreeing to change the Covenants in whole or in part.

            3.         These Covenants, as amended, attach to and govern all platted areas of the Holiday Isle Subdivision as originally filed and hereinafter filed or amended and further attaches to and governs any lot, parcel, block or part, when said Covenants have attached to any lot, block or part by virtue of leasehold agreement, sublease, assignment of lease, or other agreement, all of which property is hereinafter called “Holiday Isle”.

ARTICLE I

DEFINITIONS

            As used in this Declaration, the terms below shall have the following meanings:

Section 1.1   Architectural Review Board.  Architectural Review Board shall mean a Board appointed by the Board of Directors to review building plans, plot plans, and specifications for conformity, harmony, and quality of external structural design.

Section 1.2  Association.  “Association” shall mean the Holiday Isle Improvement Association.

Section 1.3   Board.  “Board” shall mean the Board of Directors of the Holiday Isle Improvement Association.

ARTICLE II

SINGLE FAMILY RESIDENTIAL AREA COVENANTS

Section 2.1   Classifications.  Residential Sections 1,2,3,4 and 5 are classified as Single Family Residential Areas.  The Single Family Residential Area Covenants in this part and the General Covenants in Article IV shall apply to the following Blocks and Lots:

            Block A: Lots 1 through 5;

            Block B: Lots 1 through 13;

            Block C: Lots 1 through 15;

            Block D: Lots 1 through 8;

            Block E: Lots 1 through 95;

            Block F: Lots 1 through 112.

Section 2.2   Uses.  Within any Residential Section listed above, no building, structure or premises shall be used, arranged, designed or built except for the following:

             (a)      A detached residence for a single family unit.  A family consists of persons related by blood or marriage.  Domestic employees may be housed on the premises while the family is present without being considered as a separate family or families.  The term “family” shall not be construed to mean a fraternity, sorority, club, institutional group or multiple family groups.

                        (1)       Accessory uses incident to the above permitted use are allowed, but shall not include the conduct of a business or industry on any driveway, walkway or dock giving access thereto.

                        (2)       Domestic employees of the owner, lessee or occupant may be housed in the principal building.  No detached or separate employee’s quarters are permitted.

             (b)      A private garage on the same lot within the building to which it is accessory.  Garages shall not be detached from the main residence.  All structures must be included in one building.  Garage space shall be provided for two motor vehicles on any lot and may be provided for one additional motor vehicle for each 2,500 square feet of lot area by which such lot exceeds 8,000 square feet.  Only one commercial vehicle may be kept on any lot or boat slip.  No part of any such garage shall be used for residential or business purposes.

 (c)       Inconspicuous equipment storage sheds, architecturally harmonious with the main building, may be erected on a dock, slip or board walk, subject to specific written approval by the Board.

Section 2.3     Height. 

(a)  No building, portion of a building, or any attachments thereto (i.e. antennas, chimneys, etc) in Single Family Residential Areas will exceed 40 feet in height, as measured from the ground level of the graded lot to the highest point of the roof, if the roof pitch is greater than 2 (two) to 12 (twelve). The cornice line shall not exceed 35 feet in height as that measurement is defined and applied by the city of Destin.  Cornice line as used herein means the horizontal line on the exterior of a building at which the roof system intersects with the exterior wall.

(b)  If the roof pitch is less than 2 (two) to 12 (twelve), then the building will not exceed 35 feet in height, as measured from the ground level of the graded lot to the highest portion of the roof. The only item allowed above this height would be a guard rail for safety purposes that would not exceed 4 feet in height and must be of open construction with at least 60% open so as not to obstruct sight lines.  Dwellings with flat or almost flat roofs can utilize a solid parapet wall for safety purposes so long as the top surface of the wall is less than 35 feet in height as measured from ground elevation.

  Section 2.4 Yards. There shall be yards on each side of the building as follows:

            (a)       Street Side:  No building shall be erected, reconstructed or altered so as to project in any manner beyond a setback line which is 25 feet from the County road right-of-way boundary.

            (b)       Right Side:     The minimum distance from the lot lines to the building shall be 15 feet. 

            (c)        Left Side:       The minimum distance from the lot lines to the building shall be 15 feet.

            (d)       Back Yards:  The minimum distance from the rear lot line to the building shall be 15 feet.  Lots abutting the water are exempt from this provision.

            (e)  Roof overhangs may extend not more than 4 feet beyond the setback lines.  No other portion of a structure may extend beyond the set-back lines, including but not limited to, porches, decks, cantilevers, etc.

Section 2.5     Lot Area.  The minimum requirement shall be 8,000 square feet of lot area for each residence.

Section 2.6     Building Size.  The enclosed heated and/or cooled residential living area of any building, exclusive of porches, balconies, sundecks and garages, shall be not less than 2,000 square feet.

ARTICLE III

MULTI-FAMILY RESIDENTIAL AREA COVENANTS

Section 3.1   Classifications. The Multi-Family Residential Area Covenants in this part and the General Covenants in Article IV shall apply to the following Blocks and Lots:

            Block C: Lots 15A and 19;

            Block E:  Lot 96;

            Block F:  Lots 113 through 124;

            Residential Zone 7: Lots 1 through 28;

All other areas zoned by Okaloosa County, Florida or other governmental body as “Residential Intensive Apartment” (“RIA”).

Section 3.2  Uses.  Within the Multi-Family Residential Areas, no building, structure or premises shall be used, arranged or designed to be used in any part except as one or more of the following uses:

(a)       Duplex Residence Apartment

(b)       Triplex Residence Apartment

(c)        Townhouses

(d)       Apartment Houses

(e)       Condominiums

(f)         Uses permitted in Single Family Residential Area, Article II.

Section 3.3               Accessory Uses.  Accessory uses as permitted in Single Family Residential Areas Article II except as follows:  Special permission may be granted by the Board for permanent covered parking to be built in conjunction with apartment houses and condominiums.

 Section 3.4  Height.  No building shall exceed six stories or a maximum of 75 feet in height, height being measured from the general ground level of the graded lot or parcel.  This height limitation does not include antennas, water tanks, ventilators, chimneys, solar panels, TV satellite dishes or other appurtenances usually required to be placed above roof level and not intended for human occupancy.

Section 3.5   Yards.  There shall be yards on each side of the buildings as follows:

(a)       Street Side:  No building shall be erected, reconstructed or altered so as to project in any manner beyond a setback line which is 25 feet from the County road right-of-way boundary.

(b)       Side Yards:    There shall be a right and left side setback of not less than 15 feet from the property line, except that where improvements are built upon contiguous lots owned by one person, the side yard setback shall be applicable only to the outside perimeter or boundaries of said lots in order to permit construction across lot lines.

            (c)        Back Yards:  the minimum distance from the lot line to the building shall be 15 feet.  Lots abutting the water are exempt from this provision.

Section 3.6   Minimum Living Area.  The heated, cooled and enclosed residential living area of multi-family units, exclusive of porches, balconies, sundecks, and garages shall be not less than 700 square feet per unit.

ARTICLE IV

GENERAL COVENANTS AND RESTRICTIONS

Section 4.1    Application.  This Article shall apply to both Single Family Residential Areas and Multi-Family Residential Areas.

 Section 4.2  Building Permits.  No building, structure, or any improvement shall be placed, erected or altered on any lot, property or area on Holiday Isle until a building permit has been obtained from the Board.  Issuance of a building permit will be subject to approval of building plans, specifications, and plot plan by the Board.  Certificates of compliance must also be supplied pursuant to Section 4.3(c) prior to the issuance of a building permit.  Approval will include a review by the Architectural Review Board (“ARB”) as to the conformity, harmony, and quality of the external structural design. Building permit fees will be as follows:  $10.00 up to and including $10,000.00 of building cost, plus $.50 for each additional $1,000.00 of building cost.  The fee for a permit must be paid in full prior to its issuance, and the permit must be obtained prior to any construction, site preparation, or demolition.  In addition, a refundable damage deposit of $2,000.00 must be paid prior to the start of construction.  When construction is completed and all requirements as stated in the permit application are satisfied, the construction damage deposit will be refunded.

Section 4.3  Building, Other Improvements, and Permitting Requirements. 

(a)       No building, fence, wall, walk, driveway, roadway, parking area, pier, dock, seawall, boat slip or other structure shall be commenced or altered until plans and specifications for same have been approved in writing  by the Board.  Approval will include a review by the ARB as to the conformity, harmony and quality of the improvement.  Plans and specifications must show the nature, kind, shape, height, materials, floor plans, type of foundation, structural design, color scheme, and location of each structure or work to be done and shall include the grading, drainage and landscape plan.

(b)       The Board shall have the right to disapprove of any such plans for failure to comply with the provisions of these Covenants or for aesthetic or other reasons.

(c)        Lessees/owners are responsible for ensuring that buildings, structures and improvements of every kind erected or maintained and all alterations and additions thereto on Holiday Isle shall conform to the current Southern Standard Building Code.  The Board is not responsible for enforcing the rules, regulations or building codes of any level of government; however, certificates of compliance will be required prior to the issuance of a building permit by the Board.

(d)       A building permit issued by the Board shall be effective for the period of time stated therein.  If construction is commenced within such period, any changes by the Board in its requirements regarding such construction subsequent to the date of the permit shall not apply to said construction without the consent of the holder of the building permit.

(e)       No docks or piers shall extend more than six (6) feet beyond the property line into the canals.  Docks and piers to be constructed into the Old Pass Lagoon, East Pass Channel or Gulf of Mexico require permits from the City, State and/or Federal agencies, as appropriate.  Required permits shall be obtained in all cases and the rules and conditions of the permitting agencies must be adhered to at all times.  There shall be no boat repair facilities or fueling facilities on any structure that is located over water.  All owners of canal property are responsible for any and all items concerning their property that adversely affect canals, including but not limited to docks in disrepair.

(f)         No well shall be sunk without the prior consent of the Board.

(g)       Fences or walls shall not be higher than four (4) feet, and must consist of material approved by the Board.  This fence height restriction does not apply to fences around tennis courts, in-ground swimming pools or utility equipment such as air conditioning installations.  Specific written approval by the Board is required prior to the construction of any of the above special-purpose fences.

(h) All buildings built on columns, pilings, or posts shall be covered or enclosed to the first living level.  This does not apply to condominiums where the ground level under the building is used for parking or engineering facilities.

(i) No lot may be reduced in area so that the yards and open spaces are smaller than prescribed herein.  No yard, court or open space about any building shall be used as a yard, court or open space for any other building.

(j) No individual lot can be subdivided or combined in groups with other lots, even if they otherwise meet all requirements of the Covenants, without special written approval of the Board.

Section 4.4   Reservation of Easements.  An easement and right-of-way is hereby expressly reserved by the Association in or under and over a strip five (5) feet in width along rear lines of all lots and left side of every third lot for the erection, construction and maintenance of underground pipes and conduits, poles and wires and clearing of trees and pruning branches, and for the construction, and maintenance of all proper and necessary attachments for electrical lights, power and telephone service and for the construction and maintenance of storm water drains, land drains, sanitary sewers, pipelines for supplying gas and water for the construction and maintenance of any other public or quasi-public utility.  The Association shall have the right to enter and to permit others to enter upon said reserved strips of land.  This easement and right-of-way shall not apply to portions of said areas to which The Association shall have expressly consented in writing to a conflicting use.

 Section 4.5  Health, Sanitation, Cleanliness, and Unsightly Property.  In order to keep Holiday Isle a desirable place to live for all owners, the following Covenants are made a part of this Declaration:

            (a)       Lessees/owners shall be bound by and shall strictly observe all rules and regulations established by the Association, the State Board of Health and any other governmental authority or agency relating to health, sanitation, safety and public welfare.

            (b)       No sewage, waste, trash, fish cleaning waste or remains, or debris shall be emptied or discharged into any lagoon, lake, body of water, or canal or into the waters of the Old Pass Lagoon or the Gulf of Mexico or any tributaries thereof.  This includes swimming pool overflow and emptying.

            (c)        Each lessee/owner shall keep improvements on his or her property in good repair, properly painted and clean and sanitary at all times; and shall also keep the premises free from all trash, debris, household items, and construction items. No construction materials shall be stored on any lot unless an active building permit is in place. At such times as the premises are occupied, each lessee/owner shall be responsible for obtaining frequent and regular trash and garbage removal.  Each lessee/owner shall keep all surrounding areas, including streets, beaches and neighboring lots, free from trash, debris and obstructions that may be due to the lessee’s use or occupancy of the premises.

            (d)       There shall not be erected, constructed, suffered, permitted, committed, maintained, used or operated on any part of Holiday Isle any nuisance of any kind or character, or any illegal, offensive or obnoxious trade, business or operations of any kind.

            (e)       Undesirable growths, unsightly or obnoxious things (as determined by the Board) and unlicensed, improperly licensed or non-operational vehicles, boats, trailers and any and all recreational vehicles, including boats and personal watercraft, and similar personal property shall be ordered removed by the Board.  Any and all recreational vehicles, including their trailers shall be stored in a garage.

                         (i)  Self-propelled recreational vehicles and trailers may be kept on Holiday Isle for a maximum of 30 (thirty) days per calendar year and boats may be kept in the canals of Holiday Isle, but such recreational vehicles and boats shall not be used as living quarters.  Such authorization must be obtained in writing from the Board, and permits issued by the Board must be attached to the recreational vehicle, trailer, and/or boat.

                        (ii)  Use of towed trailers, houseboats or other temporary structures may be authorized temporarily by the Board in connection with on-going construction.  Such authorization must be obtained in writing from the Board.

                        (iii)  All other permanent accommodations, tents, towed house trailers, houseboats or temporary structures of any kind are not permitted on Holiday Isle.

Section 4.6    Signs.  No signs of any kind shall be erected, pasted, posted, or displayed upon or about any lot or parcel or anywhere on Holiday Isle, with the following exceptions:

            (a)       For Rent, For Sale, or house number and/or street address signs which do not exceed two (2) feet square in area may be placed on single family residential property.

            (b)       Signs designating the name and street address of townhouses, apartment houses, and condominiums may be displayed providing that the size and design have been approved in advance by the Board.

            (c)        Sales promotion signs may be displayed on triplex and larger structures during construction and initial sell out.  Such signs must be removed no later than fifteen (15) days after completion of the initial sell out or one year after completion of building.

            (d)       Home occupation signs not exceeding two (2) square feet in area, non-illuminated, and mounted flat against the wall of the principal building, pursuant to Article 4.14 (c).

            (e)   Waterfront owners shall display house number and/or street address on their dock facing the water.

Section 4.7  Off-Street Parking. 

            (a)       A minimum of two (2) parking spaces shall be provided for each residential unit (9 feet by 19 feet per space).

            (b)       Lessees/owners shall provide off-street parking for workers and delivery vehicles. Parking on the right of way or on landscaped areas is not permitted.

            (c)        Appropriate off-street parking shall be provided in those cases where docks or boat slips have been put into use prior to construction of the residential unit.

            (d)       All events and/or gatherings, including but not limited to weddings, meetings, parties or group events must provide parking and a shuttle service to the event.  No parking will be allowed on Gulf Shore Drive right of ways or off streets right of ways.  Vehicles will be towed at vehicle owner’s expense.

Section 4.8     Soil Stabilization. 

            (a)       Each lessee/owner shall take all necessary steps for stabilization of sand, soil, rocks, shells, and other surface material and shall prevent the same from leaching into the canals, adjoining property or onto rights-of way.  Failure to take action shall result in the cost of canal dredging and removal of sand from street and sidewalks due to sand leaching, with said cost being charged to the owner.  All owners of canal property are responsible for any and all items concerning their property that adversely affect the canals.

            (b)       Each stabilization plan must have the prior written approval of the Board.

            (c)        Topsoil may be used in conjunction with landscaping and gardening provided it is contained against seeping or leeching into adjacent property or waters.

            (d)       Sand (soil) may not be moved from one property to another on Holiday Isle without written permission from the Board and the property owners involved nor may it be removed from Holiday Isle or sold without the written permission of its owner and the Board. 

            (e)       No excavation except such as is necessary for the construction of improvements shall be permitted nor any holes dug except as set out herein.

Section 4.9               Pets and Animals.     Pets may be kept by lessees/owners and their guests, but only if such pets do not constitute a nuisance. No livestock, animals (other than dogs and cats), chickens or fowl of any kind are permitted on Holiday Isle.  Dogs and cats owned as personal pets are not permitted on the beaches and are permitted elsewhere on Holiday Isle only when securely fenced or leashed.  All owners and their guests shall be held strictly responsible to immediately collect and properly dispose of the waste and litter of their pets.  The Association reserves the right to demand that an owner permanently remove any and all pets which create disturbances or annoyances that constitute nuisances.

Section 4.10   Mobile Homes.  No mobile homes or prefabricated modular single family homes are permitted on Holiday Isle.

Section 4.11  Pools.  All swimming pools must be constructed in ground.  All plans for swimming pools and associated enclosures and lighting must be approved in writing by the Board.

Section 4.12  Access.  Lessees/owners shall allow the Board, or the agents and employees of the Board, to enter any property subject to these Covenants for the purpose of maintenance, inspection, repair, or in case of emergency, for any lawful purpose, or to determine compliance with these Covenants. 

 Section 4.13  Minimum Rental.     No single or multi-family unit may be rented for less than 3 (three) days.

Section 4.14  Businesses.  No business of any kind shall be operated on Holiday Isle except for Home Occupations.  To qualify as a Home Occupation, compliance with the following conditions is required:

            (a)       No person other than members of the family residing on the premises shall be engaged in such occupation.

            (b)       The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

            (c)        There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign not exceeding two (2) square feet in area, non-illuminated, and mounted flat against the wall of the principal building.

            (d)       No home occupation shall be conducted outside a dwelling unit.

            (e)       No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood.  All parking generated by the conduct of such home occupation shall be off the street right-of-way.

            (f)         No equipment or process shall be used in such home occupation which creates a noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses outside the boundaries of the residential property.  No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in the line voltage of the premises.

Section 4.15  Limitations.  No lot, parcel, or any portion of real property subject to these Covenants shall be dedicated, sold, conveyed, transferred, leased or used as a public beach access.  A public beach access includes any access that is not for the exclusive use of Holiday Isle Property owners or their guests.

Section 4.16  Penalties and Remedies.  

(a)       If a leaseholder/owner of any property on Holiday Isle or their heirs or assigns shall violate any of the Protective Covenants set out herein, it shall be lawful for the Board, or any person or corporation being a leaseholder/owner situated on Holiday Isle to prosecute any proceedings at law or in equity against the person, persons or corporations violating any of such Protective Covenants and Restrictions either to prevent them from so doing or to recover damages for such violation or both; however the prevailing party shall be entitled to reasonable attorney’s fees and court costs incurred.

            (b)       Fines may be levied as provided in the By-Laws of Holiday Isle Improvement Association, Inc.

            (c)        If any leaseholder/owner of any property subject to these Protective Covenants and Restrictions shall fail or refuse to take any action required by the Association and the Covenants which in its discretion is necessary for the general health, safety, welfare, sanitation of persons or property on Holiday Isle, and such failure continues for thirty (30) days after written notice of such failure from the Board, the Board shall have the right, through its agents, employees or contractors, to enter upon said property and to perform the acts and pay the amounts necessary to  bring the property and the leaseholder/owner into compliance with these Covenants. All costs and expenses of same will be charged to the lessee/owner and shall be a Specific Assessment against said property. If the services of an attorney are required to collect any of said expense, said lessee/owner shall be responsible for the payment of all reasonable attorneys’ fees, expenses and costs incurred.  If litigation is initiated, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.  The remedy set out in this subparagraph is in addition to, and not in lieu of, any other remedies provided herein.

            (d)       Lessee/Owner’s Responsibility for Property Damage.  Any damage to roads, walkways, paths, ditches, utility lines, irrigation facilities, landscaping, natural areas or vegetation, recreational facilities, curbs or pathways, or other improvements that constitute Common Area on or serving Holiday Isle caused by any owner or owner’s guests, contractor, or subcontractor or its or their agents, employees or invitees shall, at the request of the Board, be repaired by such owner, or the Board may make any necessary or desirable repairs or replacements.  All costs and expenses incurred by the Board for such repairs or replacements will be charged to the lessee/owner and shall be a Specific Assessment against the responsible owner’s property.

Section 4.17 Assessments.   Effective 11-01-10 

           (a)       Each lessee/owner is deemed to covenant to pay to the Association:

1. An annual base assessment which is the assessment required to be paid by a sublease or other document evidencing title in the amount of $100 for each single family residential lot and $75.00 for each unit in a multi-family structure.
2. An annual general assessment which is for the necessary amount of funds to pay for the annual HIIA budget in excess of the annual base assessment.
3. A special assessment which is for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of any capital improvement or repair upon or to the Common Areas or for the purpose of defraying known expenses which exceeded, or when mature will exceed, the budget prepared and on which the general assessment was based.
4. The annual base assessment and the annual general assessment levied by the HIIA must be used for the maintenance, management, repair and replacement of the Common Areas, to promote the common good and welfare of the residents of Holiday Isle and to pay the costs and expenses of HIIA incurred in the futherance of HIIA's duties, responsibilities and rights hereunder.
5. The amount of the annual general assessment shall be fixed by the Board at least thirty days in advance of each assessment period based upon an adopted budget. Written notice of the amount of the general assessment will be given to every Owner; but the failure to give or receive such notice, or both shall not invalidate any otherwise valid assessment. The general assesment, the base assessment and/or any special assessment may be payable in such installments as may be determined, from time to time, by the Board.
6. The general assessment paid by each unit in a multi-family structure shall be 75% of the assessment to be paid by each single family residential lot.

            (b)       If any Assessment is not paid within thirty (30) days after its due date, a $25.00 late fee may be added to the Assessment, and interest shall accrue on delinquent Assessments at the highest rate allowed by law from its due date until paid.  The Association shall be entitled to recover all costs incurred in collecting such Assessment, interest thereon and late fees, including a reasonable attorney’s fee, whether suit be brought or not.

            (c)        The Association shall have a lien on each single family residential lot (and improvements thereon), and on each unit in a multi-family structure for any Annual Assessment and/or any Special or Specific Assessments levied against that lot/unit and for any unpaid Assessment, interest, late fees, reasonable costs, and attorney’s fees of collection imposed against the owner of such lot/unit (the “Assessment lien”).  The Assessment Lien shall secure all of the foregoing obligations of any owner from the time such obligations become due, as well as those which may accrue subsequent to the recording of the claim of lien and prior to the entry of a certificate of title.  If an Assessment is payable in installments, the lien shall secure each installment from the time it becomes due, including the due date set by any valid Association acceleration of installment obligations.  An Assessment Lien is prior to all other liens and encumbrances on a lot/unit except:

                        (i)  liens and encumbrances recorded prior to the recordation of this Amendment;

                        (ii)  liens for real estate taxes and other governmental assessments or charges against the lot/unit;

                        (iii)  a Mortgage which was recorded before the date on which the Assessment sought to be enforced became delinquent.

            Each Assessment, together with interest, costs, and attorney’s fees shall also be the personal obligation of the person or persons who owned the lot/unit at the time the assessment fell due.  No sale or transfer shall relieve any lot/unit from liability for any Assessments hereafter becoming due or from the lien thereof.  The liens that secure such Assessments shall be subject to foreclosure in the same manner as all other liens affecting real property in the State of Florida.

            The Assessment Lien shall be perfected by recording a Claim of Lien executed and acknowledged by an officer or authorized agent of the Association, which must include a description of the lot/unit, the name of the owner of record, the name and address of the Association, and the amounts and costs of delinquent Assessments.  Periodic Assessments shall be payable during the period of foreclosure of a claim of lien.

            This section does not prohibit actions or suits to recover sums secured by an Assessment Lien from each owner, or the Association from taking a deed in lieu of foreclosure; and the Association may settle and compromise the claim in the best interest of the Association.

            (d)       Upon demand, and for a reasonable charge, the Association will furnish to any interested person a certification signed by an officer of the Association setting forth whether the annual Assessment, and any Special Assessment or Specific Assessment for any specific lot/unit has been paid and, if not, the unpaid balance(s).

ARTICLE V

BEACHES, ACCESS WAYS AND CANALS

Section 5.1  Control.  The Association shall exercise control over and be responsible for maintenance and uses of all Holiday Isle beaches, access ways and canals.

Section 5.2  Uses.  Within any Holiday Isle beach or access way no building, structure or premises shall be used except for recreational purposes by Holiday Isle residents and their guests.

Section 5.3   Beach Protection.  No sand or soil shall be disturbed beyond the seaside of the sand dunes crest facing the Gulf of Mexico without the written consent of the Board as to the use and under no circumstances shall they be altered or tampered with or built without the written consent of the Board.

ARTICLE VI

RIGHTS TO PRESCRIBE OTHER COVENANTS AND RESTRICTIONS

Section 6.1     Reservations.

(a)       The Association reserves the right to prescribe, amend or revoke these Covenants and Restrictions with the approval of the majority of votes cast by leaseholders/owners who are voting members of the Association.  Each lot, townhouse unit, condominium unit or parcel shall constitute one vote for this purpose.

(b)       The Association reserves unto itself the right to reasonably restrict the use of Holiday Isle beaches, access ways and Holiday Isle easements.

ARTICLE VII

MISCELLANEOUS REGULATIONS

Section 7.1   Invalidation.  The invalidation of any one of the amended Protective Covenants and Restrictions shall in no way affect any of the other Protective Covenants and Restrictions nor be deemed a waiver of the right to enforce the same hereunder, which shall remain in full force and effect.