On April 20, 1981, the original developers of Indian River Plantation submitted a Planned Unit Development Zoning Agreement with Martin County that replaced the previous agreement dated January 18, 1977.

The Agreement required the developer to establish a Property Owners Association for the ownership and maintenance of any common property and common elements not included in the lands submitted to the Condominium ownership such as private streets, the ocean beach recreation area and other open spaces or utilities designated on the development plans.

Exhibit A defined the private road areas and Exhibit B defined the Ocean Beach Recreation Area and the Southern access to the Recreation Area. Along with the Declaration, Articles of Incorporation were filed on December 4, 1981 The Articles outlined membership as every person or entity who is a record owner of a fee or undivided fee interest in a condominium apartment located within the boundaries of the Indian River Plantation. The purpose of the Corporation is to own, operate and maintain certain private streets, the ocean beach recreation area and any other lands which presently are, or in the future may be, used in common development.

Bylaws were further created as required by the Planned Unit Development and stated that the Corporation will function as the property owners association for the Indian River Plantation development as outline in the Declaration of Covenants and Restrictions.

The Bylaws outlined the fiscal year, membership/meeting and voting procedures, director election procedures, powers and duties of the Corporation, Officer and fiscal management, and amendments procedures.

In December of 1984, the original developer assigned their rights, powers, etc. to Radnor/Plantation Corporation who had purchased the development. In 1986, Radnor/Plantation Corporation amended the Bylaws with Amended and Restated Bylaws. Two sections were amended, 3. Board of Directors and 6.5 Annual Accounting.

In late 1993, several homeowners requested that the developer begin the process of turning over control of the Indian River Plantation Properties Owners Association. At this time, there was a Presidents Council that was comprised of the Association President from each of the condominium associations.

A Board meeting was held on January 31,1994, where it was noted that two homeowners had been appointed to the seven-person Board of Directors. This was considered the initial step towards an owner-controlled association.

On March 19,1997, a Board meeting was held and the following transpired:

• First Annual Membership Meeting was scheduled for April 10, 1997.
• A Turnover Agreement and Release was presented and accepted.
• The deed to the common property will be delivered at the First Annual Membership meeting.
• A budget for the 1997 fiscal year was approved.

In March of 1997, the First Amendment to the Declaration of Covenants was recorded. This amendment added the “Hotel Tract” and “Commercial Tract” as definitions in the Declaration.

Hotel Tract noted three items as follows:

1) The Hotel Tract would not contribute to Security type expenses at IRP or for the maintenance of security gates, alarm systems or other protective systems or security personnel at IRP.

2) The Hotel Tract will be treated as the equivalent of 100 residential units.

3) The Hotel Tract would pay Special Assessment based on 100 residential units.

The Commercial Tract properties other than the Hotel shall not be subject to assessments. The Commercial Tract Properties would be defined as the Pantry, the Office Building next to the Pantry, the Bank and Real Estate Buildings.

In April of 1997, a First Amendment of the Amended and Restarted Bylaws was filed. Some of the more substantial changes to the Bylaws were as follows:

• The Hotel Tract shall be a mandatory member of the Corporation
• The Annual Membership Meeting would be held in the month of March
• Special Membership meetings may be called by 30% of the voting interest
• Notice of Membership meeting would no longer need to be mailed by certified mail.
• The quorum requirement for a membership meeting was reduced to 30%.
• The Hotel Tract shall have the right to appoint (1) director to the Board of Directors.

The First Annual Membership meeting was held on April 10, 1997. The entire IRP membership was noticed for those interested in serving on the Board of Directors. An election was held and the membership voted six owners to the Board of Directors. A Board meeting was held immediately following the membership meeting. This meeting was considered the Turn Over Meeting. All documents as relates to the Turnover were presented and accepted.

At this Board meeting, Motion was passed to adopt the Presidents Council as a Committee operating under the IRP POA. Up until approximately 1992, the Developer provided Security services for IRP. Unhappy with the Developer as provider, the Presidents Council hire Command Security to provide Security to the condominium associations. Being that the Presidents Council was not a legal entity, the Security contract was switched over to the POA at the November 14, 1997, Board meeting.

At the December 22, 1997, Board meeting, the following Committees were established

• Golf Committee
• Tennis Committee
• Newsletter Committee

After the turnover in 1997, the membership passed two amendments in 2000. One amendment to the Declaration clarified an owners obligation to pay maintenance and special assessments to the POA. An amendment to the Bylaws created staggered terms for the Board members. In addition, section 4 of the Bylaws, Powers and Duties of the Corporation and Board of Directors was amended as follows:

(a) Adopt and publish rules and regulations governing the use of the common oceanfront recreational area, the private streets and any other areas owned or operated by the Corporation for the benefit of the members, and to establish penalties for the infraction thereof, subject to the approval of the members of the Corporation.

(I) Improve the Corporation’s property and properly operated for the benefit of the members, subject to the limitations of the Declaration.

Sections (a) and (I) set the stage for the POA to get involved in items that would be for the benefit of all members at IRP. This confirmed having the POA handle Security. In April of 2000, the POA worked to provide the membership with a bulk cable agreement with Adelphia Cable (Comcast).

The Bylaws were then amended again in 2003 to state that copies of the proposed budget would be sent to each Association Board of Directors instead of to each of the 1,100 homeowners.

In 2010, the POA entered into an Asset Management agreement with Martin County for the operation of the irrigation well that provides irrigation water to the condominium properties.

Due to the responsibilities of maintaining specific roads, a signage program was developed and maintained by the POA. At this time, there are no street lights on the portions of the road owned and maintained by the POA.

Indian River Plantation - Florida 34996