111111111111111111111111111111111111111111111
CFN	201.80272875
OR	BK	29990 PG 1042
RECORDED 07/13/2018 12:27:43
PalM Beach County, Florida
Sharon R. Bock,CLERK & COMPTROLLER
P9s 1042 - 1050; (9Pss)

Prepared  By & Return To:
C. Laura Hollywood, FRP
KLETT, MESCHES & JOHNSON, P. L.
4400 PGA Boulevard, Suite 304 Palm Beach Gardens, FL 33410 (561) 624-8202

CERTIFICATE OF FIRST AMENDMENT TO THE AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS AND AMENDED AND RESTATED BYLAWS OF
CAPTAIN'S KEY PROPERTY OWNERS ASSOCIATION, INC.

WHEREAS, the Amended and Restated Declaration of Protective Covenants, including the Amended and Restated Bylaws of for Captain's Key Property Owners Association, Inc. (the "Association") was recorded September 3, 2008, in Official Records Book 22838 at Page 1315; of the Public Records of Palm Beach County, Florida (the "Declaration" and "Bylaws"); and
WHEREAS, Paragraph Xill of the Declaration, provides for amendment of the Declaration by approval of not less than sixty-six percent (66%) of the votes cast by voting members, voting in person, by proxy, or absentee ballot, at any regular or special meeting of the unit owners, and, by execution and recording of an appropriate instrument in the public records of Palm Beach County, Florida; and
WHEREAS, Article XI of the Bylaws, provides for amendment of the Bylaws by approval of a majority of a quorum of the Members present, voting in person, by proxy, or absentee ballot, at any regular or special meeting of the unit owners, and, by execution and recording of an appropriate instrument in the public records of Palm Beach County, Florida; and WHEREAS, not less than the required votes cast by voting members, as set forth above,
did vote at a meeting held on April 5, 2018 to amend the Declaration and the Bylaws in the various particulars as set forth in Exhibit "A" attached to this Certificate;

•

NOW, THEREFORE, the Amended and Restated Declaration of Protective and the Amended and Restated Bylaws for the Association be and are hereby amended in the particulars as stated in Exhibit "A" hereto and, except as otherwise amended hereby, the balfnce of the terms contained within the Declaration and Bylaws shall remain unchanged and in full force and effect.
CERTIFICATE OF ADOPTION OF AMENDMENT
WE HEREBY CERTIFY that the attached Amendments were duly adopted as Amendments to the Amended and Restated Declaration of Protective Covenants and the AmendedandRestatedBylawsofCAPTAIN'SKEYPROPERTYOWNERSASSOCIATION, INC., and that not less than the required votes cast by voting members, as set forth above, voting in person, by proxy, or absentee ballot did vote for and approve same at a meeting held on April
5, 2018.
IN WITNESS WHEREOF we have helellllto set our hands and seals as of the ,;;i.,.J

, 2018.

(Printed Name of Witness)

CAPTAIN'S KEY PROPERTY OWNERS ASSOCIATION, INC.

STATE OF FLORIDA COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this J l day of :Jo	, 2018, before me, the undersigned authority, personally appeared Gretta Curry and Christine Jones, President
and Secretary, respectively of CAPTAIN'S KEY PROPERTY OWNERS ASSOCIATION, INC.,
a Florida corporation not-for-profit, who a rsonally known to or	who presented 		_

as identification and who are to me known to be the individuals and officers described herein and who executed the aforesaid Certification as their free act and deed as such duly authorized officers; and that the official seal of the Corporation is duly affixed and the instrument is the act

and deed of the Corporation.
WITNESS my signature and official seal at Beach County, Florida the day and year last aforesaid.

N ot'fb P4 	J.f'!l B L,

Palm

Jc\CLIENTS\JRB\CERT AMENDMENT-CAPTAINS KEY.wpd

'

EXHIBIT "A"
AMENDMENTS TO THE DECLARATION OF PROTECTIVE COVENANTS AND BY­ LAWS FOR CAPTAINS KEY
As used herein the following shall apply:

Words in the text which are lined through(---+) indicate deletions from the present text.

Words in the text which are underlined indicate additions to the present text.

When entire sections are replaced or new sections are added, the text is reproduced without underlining. in quotation marks (" ").

Paraifaph IV, Section (e) of the Declaration of Protective Covenants shall be
amended as follows;
(e)	}fo gElfbage,  or reeyelmg eontatB.er or yl:lfd 1Nast e shall be plaeed on any

lot or easement or right of Vt'Cl)' for eolleetiofl, GH:d All empty garbage and recycling containers shall be removed from any collection point upon collection so as to ensure that any garbage container or yard waste is not visible from the street for more than twenty-four (24) hours in total per collection period. All garbage containers shall be maintained, stored, and placed for collection in a neat and orderly fashion so as to not create unnecessary nuisance, disturbance or unsightliness. All garbage placed in garbage containers shall be sealed in standard trash bags made of material or sufficient strength to contain garbage placed therein
without ripping or tearing. All yard waste shall be handled according to the

guidelines set forth by the Solid Waste Authority.

Paragraph IV, Section {g) of the Declaration of Protective Covenants shall be amended as follows:

(g)	All driveways shall be completed prior to occupancy and all

driveway surfacing material shall be approved by the Architectural Committee.

Additionally, each lot owner shall construct and maintain in a safe condition a

concrete sidewalk of the same material, dimensions, style, a1mearance and grade as

existing sidewalks except to the extent that the Captains Key Dependent District

assumes responsibility for such sidewalks over drainage easements within their

control. Sidewalks shall be constructed on the road right-of-way along the entire front property line and contiguous to said property line to the extent that same is a
continuation of the existing sidewalk structure.

Paraeraph XIX of the Declaration of Protective Covenants shall be amended as
follows:

OWNERS' SPECIAL RIGHTS OF THE ASSOCIATION -

MAINTENANCE

Each Owner shall keep their Lot, adjacent waterway and all improvement thereon, in good order and repair and free of debris including, but not limited to, seeding, watering, mowing of lawns, the pruning and cutting of all trees and shrubbery...
maintaining mangroves trimmed to the lowest level allowed by law and in a manner

which facilitates navigation of waterways, trimming all foliage which interferes with

ingress or egress of navigable waters and painting (or other appropriate external care) of all buildings, seawalls, and other improvements, all in a manner and with such frequency
as is consistent with good property management. Each Owner shall prior to undertaking

any work, and at all times thereafter, obtain any governmentally required permits so as to

authorize Owner to lawfully maintain, trim or cut mangroves as reguired above. Owner

shall be responsible for any fees associated with the issuance or maintenance of such

permits and shall indemnify and save Association harmless from any failure of Owner to

lawfully undertake the maintenance, trimming or cutting of mangroves. Seawalls shall be

maintained so as to prevent erosion into the canals or washouts. In the event that an Owner shall fail to maintain such lot and improvements situated thereon, as provided herein and elsewhere in this Declaration, the Association, upon approval by two-thirds (2/3) vote of the full Board of Directors and after reasonable notice to the particular Owner, shall have the right, but not the obligation, to enter upon said lot to repair, maintain and restore the lot and the exterior of the buildings and any other improvements
thereon, including trimming of mangroves and maintenance or construction of seawalls, and such entry shall be deemed with the consent of the Owner and shall not constitute a trespass. All costs related to such correction, repair or restoration shall become a special assessment upon said lot, and collectible as any other special assessment provided for in this Declaration and the By-Laws of the Association.

Article VII of the By-Laws of the Association shall be amended as follows:

Nominations: Nominatiag Committee: Nominations for election to the Board of Directors may be made prior to or at the  Annual  Meeting.  A  Notice of  Intent  to  Run form will be sent out with the Notice of Annual Meeting packet. Members may self nominate or be nominated at the Annual Meeting. shall be made by the Nominating Committee,  which shall consist of a Direetor, who shall be the Chairman, and  ofle or ffl:Ofe Members of the _;\ssociation, or an Officer or a Corporate Member. The Nominating GOl-Bfflittee shall be appoimed by the Board of Directors prior to eaeh A..:-mua Meeting of the Members to 50£\'e during sueh. A.Imua:l Meeting anduntil the next 2'\Jmual Meeting or until its sueeessor  shall  have been dlily designated  and qualified.  The Members of theNominating Gem.mittee shall. be  anoouneed  at eaeh I\nnual  Meeting  of the l\iembers. Only Members who are current with all financial obligations to the Association  shall  be  qualified to hold office.	Additionally, Members who  are, at  the time of the election, either selling their Lot  or  listing same for sale shall  not  be  qualified to hold a seat on the Board of Directors or act as officers of the corporation.
N()ffi.ffl:ees. The }fominatin-g Committee shall make as IDBflY nommatioB-S for election to the Board of Directors as it shall Hl its discretion determine, but not less than the number of ·;aoanoies to be filled. &aeh nominations may be made from among Members of nonmembers, as the Committee in its discretion  shall  determine. Nominations shall be placed on a written ballot as }fflYlided Hl Section 4 and shall be

ffla&e ia advance of the tinie fixed in Seetion 4 for the mailing of such ballots to the
Members.
4.J.	Procedure. Only if there are more nominations for the Board of Directors at the Annual Meeting than there are vacancies to be filled will an election be held.
At the Annual Meeting two (2) Inspectors of Election will be appointed by the cu..-rrent President to be refil)Onsible for distribution, collection and tallying of ballots. The Inspectors of Election shall not be either current members of the Board of Directors nor candidates running for office.
All elections of the Board of Directors shall be made on written ballots which shall: a) List all nominees eligible for election with a check space next to each name.
List the name and signature of the voting Member or the name of the member for whom a proxy form is being submitted.
Designate the number of vacancies to be filled and describe same.
deaeribe the vaeancies to be filled;
set forth the ftafB.-eS of those nominated by the Nominating Committee for sueh v0ac ancies; and
(e)	contain a space for a 7NntO  in  vote by the Members for each vacancy.
Such ballot shall be prepared and mailed. by th-e Se<.,-retary to the Members at least fourteea. (14) days in rut,•O:Ree of the date set forth therein for a retum (11,rmoo shall be a date not later than the day before the Annual  Meeting  or  any Special Meeting called  for the purpose of electing Directors).
5.1_.	Voting. Each Member present shall complete  a  ballot  on  which  the  Membermay cast the number of votes to which the Member is entitled. Each Member shall be  mailed  a ballot OR which he may east the mmtber of votes to '\\'m:Ch he is eatitled. The eompleted ballot shall be retumed  in  the  mamier hereinafter  ot1tlmed.  The  ba.llot shall  bear on  its face the name and signature of  the Member,  the number  of  votes  being  cast  and  such other infofIBfttion as the Boa:rd  of  Directors  may  determine  will  serve to  establish  his right to  cast the v:ote OI"  votes stated thereia  The ballot sha:H btl rull.lffled  to  the Seeretary at sueh an address as may be clea£ly designated by the Secretary.
:5.	Processing. Upon the receipt of each return, the lllfil)ectOrs of Election Secretary shall_;_ immediately place it in. a safe place. Not more than twenty  one (21)  days pri0r  to the day set for the meetiBg at whleh the eleetions are to be held, the enYelopes shall be turn:ed over, unopeaed, to an Election Committee whieli shell eansist of tmee (3) persons appointed by the Boaro of  D:ii:eetors.  All retams thereafter  received  by  the  Secretary  on Of' before the date set for a return shall aeeordingly be  turned  over to  the Election Committee. The Eleetion Committee shall adopt a. procedure ·.vhieh shall:

establish that the Member is entitled to cast either personally or by proxy, the mnnber of votes indicated on the ballot; and
that the signature of the Member on the ballot is genuine; and
if the vote is by proxy, that the proxy has been filed :r,vith the Seeretary as provided in Artiele N, Section 4 and that each proxy is valid.
After the procedure has been completed relative to a ballot, the count of the vote shall be taken and the election results announced. All election :procedures shall be held in compliance with the requirements of F.S. 720.303 as may be amended from time to time.
/illballots and pro'X:i:es as well as any eOBtim¼in:g tally of the votes shall be kept by the Eleetion Committee, ·when B.Ot being proeessed; in a safe place. The ballots shall be retained for nmety (90) days afief' the HJ:eetmg 8:ftd then destfe; .

END OF DOCUMENT

i hereby certify that the foregoing 1sa
true copy of ttie recor ·1 n my office with
00

: redactions, if any as quired by la
..-;:...:.i::.:c.:::;, -.zoJL.)

T/\TE OF FLORIDA • PALM BEACH COUNTY