Declaration of Covenants, Conditions and Restrictions of Covington at Cross Creek

Unless the context expressly requires otherwise, the following terms mean as follows wherever used in this Declaration, the Association’s Articles of Incorporation (“Articles”), or the Association’s By-Laws (“By- Laws”).

Section 1. “Architectural Committee” shall mean the Architectural Committee, provided in Article VI hereof.

Section 2. “Articles” means the Articles of Incorporation of the Association, as may be amended from time to time. The Articles of Incorporation and Bylaws of the Association are attached hereto as Exhibits “B” and “C”, respectively.

Section 3. “Assessment” means the amount of money assessed against an Owner for the payment of the Owner’s share of common fees, expenses and any other funds which an Owner may be required to pay to the Association as set out by this Declaration, the Articles or the By-Laws.

Section 4. “Association” means COVINGTON at CROSS CREEK HOMEOWNERS ASSOCIATION, INC., a corporation not for profit organized or to be organized pursuant to Chapter 617, Florida Statues, its successors and assigns.

Section 5. “Board” means the Association’s Board of Directors.

Section 6. “Common Area” means all property whether improved or unimproved, or any interest therein, which from time to time is owned by the Association for the common use and enjoyment of all Owners.

Section 7. “Declaration” shall mean and refer to this Declaration, together with any and all supplements or amendments hereto, if any.

Section 8. “Developer” means Engle Homes/Gulf Coast, Inc., and its successors and assigns, if such successors and assigns are designated in writing by the Developer as the successors and assigns of Developer’s rights hereunder.

Section 9. “Dwelling” shall mean the residential dwelling constructed upon a lot.

Section 10. “Lot” means any platted parcel of land shown on the recorded subdivision map or plat as recorded in the Public Records of Hillsborough County with the exception of the Common Area and portions, if any, of marked acreage.

Section 11. “Maintenance” means the exercise of reasonable care to keep buildings, homes, roads, landscaping, lighting, and to their original condition, normal wear and tear excepted. Maintenance of landscaping shall further mean the exercise of generally accepted garden-management practices necessary to promote a healthy weed-free environment for optimum plant growth, and which will, as a minimum, include the mowing of all grass on a Lot.

Section 12. “Master Association” shall mean Cross Creek II Master Association, Inc., or its successor pursuant to the a Master Declaration of Covenants, Conditions and Restrictions for Cross Creek II, recorded November 30, 1994, at O.R. 7597, page 825, of the public records of Hillsborough County, Florida.

Section13. “Member” means every person or entity who holds membership in the Association.

Section 14. “Mortgage” means any mortgage, deed of trust, or other instrument transferring any interest in a Lot as security for the performance of an obligation. “First Mortgage” means any mortgage constituting a valid lien prior in dignity to all other mortgages encumbering the same property.

Section 15. “Mortgage” means any person named as the obligee under any Mortgage, or the successor in interest to such person.

Section 16. “Occupant” means the person or persons, other than the Owner in possession of a Lot, and may, where the context so requires, include the Owner.

Section 17. “Owner” means the record owner, whether one or more persons, of the fee simple title to any Lot, including contract sellers, but excluding any other person holding such fee simple title only as security for the performance of an obligation. As the context may admit, Owner includes all persons

(i) claiming any right, title or interest in a Lot by, through, or under any Owner, or

(ii) lawfully upon the Properties with the consent of any Owner, express or implied, such as an Occupant.

Section 18. “Plat” means the final official plat as recorded in the Public Records of Hillsborough County, and shall include the subdivided real property therein described and such additions thereto as may be brought within the jurisdiction of the Association as hereinafter provided.

Section 19. “Property” means the lands described on the attached Exhibit “A”, including Lots and Common Areas.

Section 20. “Recorded” means filed for record in Hillsborough County, Florida.

Section 21. “Structure” shall mean any thing or object, the placement of which upon any Lot may affect the appearance of such Lot, including by way of illustration and not limitation, any building or part thereof, garage, porch, shed, greenhouse, bathhouse, coop or cage, covered or uncovered patio, swimming pool, fence, curbing, paving, wall, sign, signboard, temporary or per4manent living quarters (including any house trailer), temporary or permanent improvement, excavation, grading, fill, ditch, diversion, dam, other thing or device which affects the flow of waters, utility shed, detached shed or other activity.