STATE OF ALABAMA

COUNTY OF BALDWIN )

AMENDMENT TO THE AMENDED AND RESTATED DECLARATION

OF COVENANTS, CONDITIONS AND RESTRICTIONS
APPLICABLE TO AUDUBON PLACE, A SUBDIVISION

WHEREAS, the Amended and Restated Declaration of Covenants, Conditions and

Restrictions Applicable to Audubon Place, A Subdivision, was filed of record on May 8, 2007 as
Instrument No. 1050843 in the records in the Office of the Judge of Probate of Baldwin County,
Alabama; and,
WHEREAS, the owners in Audubon Place, A Subdivision, who are members of the
Audubon Place Homeowners Association, Inc., do hereby wish to amend said Amended and
Restated Declaration of Covenants, Conditions and Restrictions Applicable to Audubon Place, A
Subdivision, pursuant to Article IX of said Amended and Restated Declaration; and,
WHEREAS, notice of the subject matter of these proposed revisions were included in a
Notice of an Annual Meeting given to all unit owners held on the January 17, 2015 at 10:00 a.m. in
Gulf Shores, Alabama; and,
WHEREAS, a quorum was present at said Annual Meeting and said proposed revision was
approved by a minimum of two-thirds (b) vote of the Board of Directors and an affirmative vote
of not less than a simple majority of the votes cast by all eligible ownership represented in person
or by proxy at said Annual Meeting.
NOW, THEREFORE, the Amended and Restated Declaration of Covenants, Conditions
and Restrictions Applicable to Audubon Place, A Subdivision, shall be amended pursuant to Article
IX, as follows:
Article IV, Subparagraph 4.09 is hereby amended to read as follows:
Section 4.09 Creation of the Lien and Personal Obligation of Assessments. The
Declarant, for each Lot owned within the Properties, hereby covenants and each Owner of
any Lot by acceptance of any Deed therefore, whether or not it shall be so expressed in such
Deed, is deemed to covenant and agree to pay the Association: (1) Annual assessments; and
(2) special assessments for capital improvements, such annual and special assessments to be

established and collected as hereinafter provided (any annual assessment due under this
article referred to hereinafter as the special assessments), (annual assessments and special
assessments under this article referred to hereinafter at times collectively as assessments).
These assessments, together with interest, costs, and reasonable attorney's fees, shall also be
the personal obligation of the person who was the Owner of such property at the time when
the assessments fell due. The personal obligation for delinquent assessments shall pass to
successors in title and shall continue as a lien on said Lot until satisfied unless extinguished
by law.
Article IV, Subparagraph 4.10 is deleted in its entirety.
Article VII, Subparagraph 7.06 is hereby amended to read as follows:
Section 7.06 Unsightly Condition. It shall be the responsibility of each Owner of
a Lot to keep and maintain said Lot in accordance with the terms, conditions and provisions
of this Declaration. No noxious or offensive activity shall be carried on upon any Lot, nor
shall anything be done on any Lot which may become an annoyance on upon any Lot, nor
shall anything be done on any Lot which may become an annoyance or nuisance to Audubon
Place. Except as may be authorized in writing by APHOA, all personal property shall be
housed or kept inside a Dwelling or inside a fully enclosed Improvement.
No lumber, metals, or bulk materials (except lumber, metals, and bulk materials as
is usual in the maintenance of an approved Improvement and except building materials
during the course of construction of any approved Improvement and which must be stored
in such a manner so that said lumber, metals, and bulk materials comply with the Rules and
Regulations) garbage, waste, refuse or trash shall be kept, stored, or allowed to accumulate
on any Lot.
All of the exterior of houses and each lots concreted areas, more specifically, its
roof, siding, framing, gutters, doors, shutters, porches, curbing, driveways which are visible
from the street or adjacent property, shall be in clean, well-maintained condition, erect, free
of mold, staining, chipping or otherwise disheveled appearance. Personal items shall be
placed out of view from the street or adjacent property. Routine lawn care for any lot
includes mowing and weed removal along the foundation of the houses and under shrubs,
hedges, trees and in and around flower beds, A/C units, utility meters, etc, porches,
driveways, sidewalks in font of homes and curbing.
No harmful or noxious materials shall be stored, whether inside any Improvement or
outside any Improvement, if said materials pose any significant threat to public health and
safety or to individuals within or in proximity to such Improvements.
Garbage, waste, refuse or trash shall be placed in water-proof trash bags or container
with tight fitting cover to control rodents, flies, obnoxious odors, etc., and must be disposed
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of in a manner approved by the Board of Directors. Trash and garbage containers shall be
screened in such a manner so that they cannot be seen from adjacent and surrounding
property, and as approved by the Board of Directors. Such containers for trash and other
refuse to be picked up and carried away on a regular and recurring basis may be placed on
a Lot adjoining the Private Roadway for a period not to exceed twenty-four (24) hours,
beginning on the day before such pick up and ending on the day following such pick up. All
trash and garbage containers shall be kept in a clean and sanitary condition.
All electric appliances, accessories, and tools must comply with the National
Electrical Safety Code, prepared by the National Bureau of Standards, the National Electrical
Code of the National Board of Fire Underwriters, and such applicable ordinances and
regulations affecting electrical installation which are in effect.
The Board of Directors may adopt and promulgate reasonable Rules and Regulations
pertaining to the matters set out herein, including, but not limited to, the size, shape, color,
and type of containers permitted and the manner of storage and screening of the personal
property on Audubon Place.
All lawns visible from the street shall be mowed frequently enough to avoid a
disheveled or unkempt appearance. Trees and shrubs shall be trimmed regularly such that
they do not extend over or unto sidewalks. Weeding shall be required around utility
equipment and air conditioning equipment and any borders with defined edges such as curbs,
sidewalks, driveway, home foundations, flowerbeds, porches, fences and gates. Flowerbeds
shall not have weed overgrowth higher than that of the lawn itself.
Article VII, Subparagraph 7.10 is hereby amended to read as follows:
Section 7.10 Fences, Walls, Etc. No fence or wall shall be erected on the street
frontage of any lot or in the area between the rear of the dwelling, on each side, and the front
of the lot line unless an exception based on desirable architectural effect is obtained from the
APHOA. No fence may be constructed on any lot until the design, location, height, materials
used for construction, and the color of the fence have been approved in writing by the
APHOA based on aesthetics, harmony with existing structures, topography, integrity of
construction, requirements for uninterrupted storm water drainage, and access requirements
for construction of dwellings on adjoining property and/or maintenance of existing dwellings
on adjoining property. Based on the foregoing considerations, the APHOA may impose
certain requirements, as a condition of approving such fence, as the APHOA deem
appropriate. All fences visible from the street shall be constructed of wood and shall be six
feet (6') in height.
Article VII, Subparagraph 7.17 is hereby amended to add the following paragraph in
addition to the existing language:

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Notwithstanding the above, all vehicles must be contained within the confines of each
lots driveway. Sidewalks may never be blocked: not by vehicles, trash, lawn debris, or toys.
Sidewalks must be clear of obstruction and provide free passage. Residents are responsible
for reminding service people and guests to respect the rules or be subject to fines.
Article XI, Subparagraph 11.08 is hereby added as follows:
Section 11.08 Working With Third Parties Regarding Rentals. Rental property
business shall be conducted between the Board of Directors or its agent(s) and the record
owners of each rental property. The Board reserves the right to choose if, when and which
third party owner representatives, including rental property management companies, it will
accept to deal with, in lieu of conducting rental related business directly with the record
owners of the property. Tenant-specific notices will continue to be placed on each tenants
door in addition to email and/or postal service notification sent directly to the owner.
THE UNDERSIGNED, hereby certifies that he/she is the duly elected and qualified
Secretary and the custodian of the books and records and seal of the Audubon Place Homeowners
Association, Inc., an Alabama Nonprofit Corporation, duly formed pursuant to the laws of the State
of Alabama and that the foregoing is a true record of an Amendment duly adopted by the owners in
accordance with State Law and the Amended and Restated Declaration of Covenants, Conditions,
and Restrictions Applicable to Audubon Place, A Subdivision, of the above named Association and
that said Amendment is now in full force and effect without modification or rescission.
IN WITNESS WHEREOF, I have executed my name as Secretary of Audubon Place
Homeowners Association, Inc., on this the _______ day of ________________, 2015.
A True Record.
AUDUBON PLACE HOMEOWNERS
ASSOCIATION, INC.
An Alabama Nonprofit Corporation

____________________________________
BY: CARYN HERFURTH, Its Secretary
Attest:

____________________________________
BY: MARY SABAL, Its President

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STATE OF ALABAMA
COUNTY OF BALDWIN

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)

I, a Notary Public, in and for said County in said State, hereby certify that Caryn Herfurth,
whose name Secretary, respectively, of Audubon Place Homeowners Association, Inc., an Alabama
Nonprofit Corporation, is signed to the foregoing instrument and who is known to me, acknowledged
before me on this day, that being informed of the contents of said document, she, as such officer and
with full authority, has executed the same voluntarily for and as the act of the Corporation on the day
the same bears date.
Sworn to and subscribed to before me on the _____ day of ________________, 2015.

____________________________________
Notary Public
My Commission Expires: _______________
STATE OF ALABAMA
COUNTY OF BALDWIN

)
)

I, a Notary Public, in and for said County in said State, hereby certify that Mary Sabal, whose
name President, respectively, of Audubon Place Homeowners Association, Inc., an Alabama
Nonprofit Corporation, is signed to the foregoing instrument and who is known to me, acknowledged
before me on this day, that being informed of the contents of said document, she, as such officer and
with full authority, has executed the same voluntarily for and as the act of the Corporation on the day
the same bears date.
Sworn to and subscribed to before me on the _____ day of ________________, 2015.

____________________________________
Notary Public
My Commission Expires: _______________

This Instrument Prepared By:

Daniel H. Craven, P.C.
Attorney at Law
Post Office Drawer 4489
Gulf Shores, AL 36547
(251) 968-8170
dhclaw@gulftel.com
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