Welcome the official website of the
Harbor Beach Property Homeowners Association 

October 27, 2023

SAVE THE DATE! ANNUAL MEETINGS COMING UP!
JANUARY 10, 2024 | 6:00 PM | CHURCH BY THE SEA

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RESTRICTIVE COVENANTS UPDATE

Thank you to all who attended the HBPHOA General Membership Meeting on October 17, 2023. As discussed in order to be able to provide enhanced security for our special neighborhood, there is membership consensus to revive our Declaration of Covenants which will allow HBPHOA to charge a maintenance assessment to be used for security and beautification.

Under the Florida Statutes, if 51% of owners in an Isle vote to revive the Covenants, the State has a procedure for that.
To that end, we have prepared a “Draft Covenant” attached for your review. Please note that most of the other provisions in the old Covenant were deleted. (The State law allows deletions only - no additions). The two substantive provisions state our single family neighborhood and state the maintenance provision.

If you would please look at the sample draft below and provide any comments to me at This email address is being protected from spambots. You need JavaScript enabled to view it. on or before October 30th, 2023 we would appreciate it. Comments after that date will not be considered. Once all comments are received, the Association will mail out (as required) a draft covenant, a ballot for voting purposes, and a stamped return envelope for you to cast your vote.

SAMPLE OF RESTRICTIVE COVENANTS

            RECITES:

To Whom It May Concern:

            Harbor Beach Property Homeowners Association, Inc., a Florida Not for Profit Corporation, having its principal place of business in Fort Lauderdale, Broward County, Florida, being the representative of the parcel owners of the properties described below:

1. SINGLE RESIDENCES EXCLUSIVELY. No building shall be allowed on any lot except one detached single dwelling house (with the usual outbuilding for use in connection therewith) for the use of one family only, and no lot shall be used except for residential purposes exclusively for one family only.

2. The Subdividers appointed a Committee. After January 1, 1958, said Subdividers, by an instrument in writing, did take away from the Committee all appointed rights, powers, privileges and authority given said Committee herein, and in such event such rights, powers, privileges and authority vested in and may be exercised by an Association to whit: Harbor Beach Property Homeowners association, Inc.

3. REMEDIES FOR VIOLATIONS – INVALIDATIONS. For a violation or breach of any of these restrictions by any person claiming by, through or under the Subdividers, or by virtue of any judicial proceeding, Association and the lot owners, or any of them severally, shall have the right to proceed at law or in equity to compel a compliance with the terms hereof or to prevent the violation or breach of any of them. The failure promptly to enforce any of the restrictions shall not bar their enforcement.  The invalidation of any one of the restrictions by any court of competent jurisdiction in no way shall affect any of the other restrictions, but they shall remain in full force and effect.
4. MAINTENANCE ASSESSMENTS. In order to maintain the high standards of said subdivision, and in order to supplement the public facilities and services to be furnished by the City of Fort Lauderdale, Florida, each lot in said subdivision, including the lots owned by the Subdividers, is hereby subjected to an annual assessment, commencing with the year 2023, which shall be secured by a lien upon such lot until the same is paid and which lien shall be enforceable in a court of competent jurisdiction, in which event reasonable attorney’s fees shall be paid. Such assessment shall be payable annually on the first day of January of each year in advance, to the Association, at the office of the Association in Fort Lauderdale, Florida.  Such annual assessment may be adjusted from year to year by the Association as the needs of the subdivision may in the judgment of the Association require and shall be apportioned among the several lots in said subdivision proportionately to their respective areas, but in no event shall such assessment upon the several lots exceed the sum equal to one and one-half mills per square foot.  The funds arising from said assessment shall be used for the payment of maintenance expenses of said subdivision incurred for any or all of the following purposes, and not otherwise; lighting, improving and maintaining the streets, bridges, parks, parkways; collecting and disposing of garbage, ashes, rubbish and the like; employing watchmen; caring for vacant lots; and doing any other things necessary or desirable in the opinion of the Association to keep the property in neat and good order, and which the Association considers of general benefit to the owners or occupants of said subdivision.  The judgment of the Association in the expenditure of said funds shall be final.  The assessments in this paragraph provided for may be terminated and extinguished at any time by written instrument signed by the owners of two-thirds of the lots in said subdivision and recorded in the public records of Broward County, Florida.
5. DURATION OF RESTRICTIONS. The foregoing covenants, burdens and servitudes shall run with the land and, except as otherwise hereinabove specifically provided, shall remain in full force and effect until the first day of January 2052 at which time they shall be extended automatically for successive periods of ten years each, unless, by vote of the majority of the then owners of the lots shown on the plat, it is agreed to change them in whole or in part.

In Witness Whereof the said Harbor Beach Property Homeowners Association, Inc., a Florida Not for Profit Corporate, has caused this instrument to be signed by its duly authorized President and Secretary and has affixed its corporate seal, this ___ day of 2023.

Harbor Beach Property Homeowners Association, Inc.

(Corporate Seal)

                          ______________                                                 By: ________________

                                                                                                             Annette Ross
                                                                                                             President

Two witnesses: ______________                                                  Attest: ______________

                                                                                                              Trish Bailey-Entin                              
             ______________                                                                      Secretary

                                                                                                    (Seal)

Acknowledged on __________, 2023, by Annette Ross and Trish Bailey-Entin, respectively President and Secretary of Harbor Beach Property Homeowners Association, Inc., a Not for Profit Corporation of Florida, before Notary Public in Broward County, Florida, with official seal affixed; commission expires __________.

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See the August/September 2023 issue of HARBOR BEACH MAGAZINE

Annette Ross, President
Harbor Beach Property Homeowners Association