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On
January 28, 1962, Bryant Skinner put pen to paper and sketched
his vision of a premier, gated, golf community that would become
Deerwood (see fig. 1). He planned for a rural Florida setting
that incorporated curved narrow roadways, grand vistas,
distinctive eclectic houses on large lots, lakes, and spacious
open common areas surrounding a country club that would provide
golf, tennis and swimming.
Deerwood has become that and more (see fig.
2). The
residential component has developed to include the gamut of home
ownership from condominium living through zero lot line homes, a
courtyard community, countryside lifestyle and single family
residence to twenty-acre estates. The country club has grown
into a first-class institution with all of the above amenities
plus a new fitness center. In addition, Deerwood provides
with-in-the-gates, a convenient entrance to a topnotch primary
and secondary school and a recreation area that incorporates a
unique playground, basketball court, ball field and pavilion.
In order to preserve this distinctive
character, every unit in Deerwood was endowed with a
comprehensive set of Covenants, Conditions and Restrictions
(CC&Rs). It is the CC&Rs that allow the community at
large to maintain standards, with the aim of preventing a few
residents from lowering the property value for all. They enable
us to control and limit access to Deerwood, thereby preventing
unwelcome door-todoor solicitation and unwanted through traffic
on our streets. The (CC&Rs) also empower the Deerwood
Improvement Association with the authority to provide
recreational amenities, maintain roads, easements, drainage,
common areas, and the infrastructure, which serves and supports
our community.
Due to a statute passed by the Florida
Legislature in 1963 called the Marketable Record Title Act (MRTA)
the Deerwood (CC&Rs) may be in jeopardy of being voided or
may have already been voided in some units. In order to
reinstate and/or preserve the (CC&Rs), we have hired a law
firm that specializes in this area of the law. That law firm has
recommended the Deerwood Improvement Association Board approve a
motion by a two-thirds majority (the aforementioned was
accomplished at a special session on Monday January 6, 2006) for
units seven, eight, nine, ten, eleven, twelve, thirteen, the
courtyards, Deerwood Courtyards Estates, Estates of Deerwood,
Estates of Deerwood Phase II, Estates of Deerwood Phase III,
Deerwood Pointe and four parcels. The passage and subsequent
written notification to the Florida Department of Community
Affairs should preserve the (CC&Rs) in those units.
Because
there is a strong suspicion that the (CC&Rs) in units one,
two, three, four, five and six have already been extinguished,
our attorney has recommended we proceed with a different course
of action for those units. All homeowners in units one through
six will need to vote to reinstate their (CC&Rs). A simple
majority within each unit will be required to approve the
reinstatement of the Covenants, Conditions and Restrictions for
that particular unit. Therefore, all homeowners in units one
through six should expect to receive instructions on how to
proceed in the near future. We are planning to have the vote
prior to our annual meeting on the 30th of March.
Sincerely,
Les
Beadling
President
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