REMOVAL OF PROVISION FROM RESTRICTIVE COVENANTS

ENTITLED RESALE OF PROPERTY!

---

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT

IN AND FOR LEON COUNTY , FLORIDA  

TWIN ACTIONS PROPERTIES, INC. and RK DEVELOPMENT OF TALLAHASSEE, INC. Plaintiffs Vs. GOLDEN EAGLE HOMES ASSOCIATION, INC. Defendant,

CASE NO.: 2006-CA-1530

This cause came on for consideration on the cross-motions of Plaintiffs and Defendant for summary judgment. The Court having considered the motions, argument of counsel and being otherwise fully advised, finds as follows:

           A.       It is undisputed that Defendant, Golden Eagle Homes Association/Inc., is an

association with some 949 total members.

           B.         Golden Eagle Homes Association, Inc. is responsible for the operations of

thirteen (13) separate subdivisions governed by thirteen (13) separate Declarations of Covenants and Restrictions, all contained in an area collectively known as Golden Eagle.

            C.        A clear reading of each of the thirteen (13) separate Declarations of Covenants

and Restrictions provides that the individual Declarations may be amended with the 

approval of not less than three fourths (3/4) of the lot owners whose property is subject to the Declaration.

           D.        Defendant, Golden Eagle Homes Association, Inc., held a properly noticed

meeting on May 16,2006, and at said meeting the required number of lot owners of Golden

Eagle Unit 6 - Phase I and Eagles Ridge Unit 5B properly voted to amend the respective

Declarations to remove the provisions known as Resale of Property. Such a provision is

not contained in five (5) of the separate individual Declarations relating to Golden Eagle Units 1, 2, 5, 7 and 8.

           E.        There is no dispute of material fact and Defendant, Golden Eagle Homes

Association, Inc. is entitled to a summary judgment on the issues relating to the

Amendments to the Declarations of Covenants and Restrictions of Golden Eagle Unit 6 -

Phase I and Eagles Ridge Unit 5B.

           F.        There does appear to be genuine issues of material fact relating to ownership

and possession of the guardhouse area.

Accordingly, it is

ORDERED AND ADJUDGED as follows:

           1.         Defendant's Motion For Summary Judgment as it relates to the amending

of the Declarations of Covenants and Restrictions relating to Golden Eagle Unit 6 - Phase

I and Eagles Ridge Unit 5B is Granted.

            2.        Defendant's Motion For Summary Judgment as it relates to possession and

ownership of the guardhouse area is Denied.

             3.         Plaintiffs' Motion For Summary Judgment is Denied