THIS INSTRUMENT PREPARED BY AND RETtJRN TO:JEFFREY R. MARGOLIS, ESQUIRP.JEFFREY R. MARGOLIS, P.A.DUANE MORRIS LLP
200 S. BISCAYNE BOULEVARD, SU[TE 3400MIAMI,FLOR[)A33131
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OR BK 02273 f'G 0445Pgs 0445 - 706i (262pgs)RE(!)NDED 08/2i>:J)07 03i07i09 PMnARSHA EklZNGCLERK DF nART?H COUNTY FLORIDARECORDED aY T Coous (assb iisr)
AMENDED AND RESTATED DECLARAIION OF CONDOMINIUMFOR
................................................................................................ 93.l8.7. Sales ActMty.3.l8.8. AdditionalEasements.............................,,,,........,,,,.........................................................l03.l8.9. PavedDrivewaysandRoads............................................................................................103. 18.10. Water Transm{ssion and Distribution Facilities Easenient arid Repair ............................ 103.18. 11. Reservation of Right for Developer to Grant Additional Euements ............................... 10
ResmM Upon Separation and Partition of Common Elements .....................,.... ....
s. Ownership of Common Elements and Common Surplus and Share of Comnxin Expenses; Vot'ng...........10Rigbts
5.1. PercentageOwnershipandShares................................................,................................................105.2. Ownership by Entity ..........................................................................------......-------------------------- 10
........ 105.3. Voting..................................................................................................5.4. Eligibility of Dtrectors ................................................................................................................... 10
7. Maintenance and Repairs .............................................................................................................................. 127.1. Units............................................................................................................................................... 127.2. Limited Common Elements ........................................................................................................... 12
7.2.l. Geneml.............................................................................................................................127.2.2. Balconies,Patiosand/orCourtyards................................................................................127.2.3. ParkingSpaces,Mailboxea,andotherLimitedCommonElements................................I27.2.4. FailuretoPerfomiReapomibilities..................................................................................l2Areas Outside Building .......................................................................-.-.-.-..------------------------------- 13Common Elements ......................................................................................................................... 13Association's Right of Access to Units ....................................... ................................................... s 3Light Fixtures ................................................................................................................................. 13Requirements ...........................................................,,.........,.,,....................................................... 13Affimiative Obligation of Association....................,,...........,.,....................................................... 13Surface Water Management System .............................................................................................. 137.9.l. Duty to Maintain.................................................................,............................................ 137.9.2. AmendmmtstoAsgociationDocuments.........................................................................I47.9.3. WetlandConservationAreas...........................................................................................147.9.4. UseRestrictiongforWetlandConservationAreas...........................................................14
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7.4.
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7.6.
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Architectural Control Provisions ....................................... ... ........ ..... ... ........................ .. ... .. ... .... ............. ...... 148.1. A1teraiionsbyUnitOwners0rherthanDeveloper........................................................................I48.2. RequesbforApproval...................................................................................................................A58.3. Altera}ions by Association ............................................................................................................. 158.4. AlterationsbyDeveloper...............................................................................................................l5
Lien for Assesgment....................................................................................................................... 17Recordmg and Ptiority of Lien....................................................................................................... 17Transfex of Title, Includjng Fo'teckosure or Judicial Sale............................................................... 17Effect of Voluntary Transfer .......................................................................................................... 17No Election of Remedies.................................................................................................................. 17
12.3.5. Fidelity?nsurance/FidelityBond.....................................................................................l912.3.6. Directors and Officers Insurance ..................................................................................... 1912.3.7. WindstormCoveraze.......................................................................................................l912.3.8. Other?nsurance................................................................................................................l912.3.9. Waivex of Subrogation..................................................................................................... 19Premiums ......... 20Proceeds ....................................................................................................................... 20
Mortgagees...................................................................................................................................... 20Distribution of Proceeds................................................................................................................. 2012.7.l. ExpensesoftheTrust.......................................................................................................2012.7.2. ReconstructionorRepair.................................................................................................2012.7.3. FailuretoReconstuctorRepair......................................................................................2012.7.4. Certificate ........................................................................................................................ 20Association as Agent...................................................................................................................... 20Unit Owners Personal Coverage .................................................................................................... 20
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13. Reconstruction or Repair Afler Fire, Acts or Terrorism or Other Casualty...................................................2013.1. DeterminationtoReconstructorRepair.....................................'....................................................2013.2. PlansandSpecifications ................................................................................................................. 21
?4.4.l. RestorationofUnit...........................................................................................................22?4.4.2. Distribution of Surplus..................................................................................................... 22
14.5. Un{tMadeUninhabitable...-............................................................................................................2214.5.1. PaymentofAward...........................................................................................................2214.5.2. Addition to Common Elemen(s.. ....................................................................................... 22
14.5.3. Adjustment of Shares ....................................................................................................... 22
}4.5.4. Special Assessmems ........................................................................................................ 22
14.5.5. Arbitration........................................................................................................................22Taking or Common Elements ........................................................................................................ 22Discretion of Board ...................................... .................................................................................. 23Amendment of Declaration . ..................... ......................... ............ ... .............................................. 23
16. Selling, Leasing and Mortgaging of Units.....................................................................................................26?6.1. TrariarersSubiccttoApprova{........................................................................................................26
16.1.l. Sale ...........................................................................................................................26
16.1.2. Leue ...........................................................................................................................2616.1.3. Gift ...........................................................................................................................2616.1.4. OtherTmnsferg................................................................................................................26
16.2.l .3.Gift; Other Tramfets ...............................,..........................................................2716.2.l.4.Failure (o Give Notice ........................................................................................2716.2.l .5.Effect and Manner of Notice ..............................................................................27
16.3. DisapprovalbyAssociation...........................................................................................................2816.3.1. Sale ...........................................................................................................................28
18.2. Compliance .................................................................................................................................... 2918.3. CostsandAttomeys'Fees..............................................................................................................2918.4. No waivcr of Rights ........................................................-..----........----------------------------------------------- 2918.5. MergetofCondominiumand/orAssociation.................................................................................29
20.5. Notice of Arnendments Affecting Boundaries, Comrnon Elements, or Condom'nium ................. 3020.6. Notice of Lapse, Cancellation or Modification to Insurance Policy .............................................. 30
22.3.4. Developet'g Righ(s .......................................................................................................... 3122.4. Monitoring System ......................................................................................................................... 31
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22.4.l. Righttolnstall 31
22.4.2. Cornponentg 31
22.4.3. Par! of Common Expenses 31
22.4.4. Unit Ownersa Responsibility. 31
23. RighttoEnforce ....32
14. Non-Ltability ... .......32
25. Jury Trial Waiver. .....32
26. Venue 32
27. Reliance ...33
28. Conslruction Activities ...33
29. Notices. ........33
30. Interpretation ........33
31. Mortgagees ......33
32. Exhibits. ......33
33. Blocked View; Trces and Shrubbery ....33
34. Governing Law ..34
35. Commction Matters ...34
36. Eligibility Requirements for Board Membership 34
37. Execution of Documents; Attomey-in-Fact. ......................34
38. Sevembility. .34
39. Waiver .34
40. Ratification .34
41. Gender;Plurality ......34
42. Captions. ....35
43. Refund of Taxes, Fees and Od'iet Charges .35
44. Title Documerits .3544. 1. Each Unit Subject to Condominium Documents. 36
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Legal Description with Location Map of Phase l
Plot Plan, Floor Plan, and Building Plan with Surveyols Certificate for Phase l
Legal Description with Location Map of Additional Phases
Plot Plan, Floor Plan, and Building Plan with Surveyot's Certificate for Additional Phases
legal Description with Location Map of all Phases Combined
Articles or Incorporation
By-Laws with Rules and Regulations
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AMENDED AND RESTATED DECLARATION OF CONDOMIN[UM FORRIVF.R GLEN CONDOMINIUM
Tousa Hornes, Inc., a Florida corporation, d/b/a Engle Homes South Florida ("p?") does hereby declate asfouows:
1. Intrmug!iqnqnd8?*eioii.
1.1. ?. Developer xecorrled that certain Declaration of Condorniniuni for River GleriCondominium on December 1, 2006 in Offlcial Records Book 2202, Page 994 in the Public Records of MartinCounty, F]orida (the "Orlglnal Declafiltion"). Pursuant to Section 6.2-of the originat Declaration, Developerdesires to aznend and remb the Original Declaration in order to, anx+ng other ?gg, aad as-built graphics for PhaseI (as defined below), correct the legal description of the Land (as defined below) and cottect the ordering of theExhibits.
1.2. ?. Developer owns the ree simple title to that cerbam land located in Mmtin County,Florida, as more particularly described in ? attached to and made a part of this Declaration ( the '%.@Hd").
1.3. 5ul+:4sionStatement.DeveloperherebysubmitstheLandmidallimprovemenrserectedortobeerected thereon, all easements, rights and appurleminces belonging thereto, and au oTher properry, real personal oxmixed, intended for use in connection therewith to the condominium form of oimership and use in the mannerprovided by the Florida Condominiurn Act (the "?") as it exists on the date of this Declaration, but excluding (i)au public or pyivate utility installations (e.g. cable television and/or other receiving or tansrnitting lines, fiber,an(ennae or equipment), tec)uiology w{res, cables or odset equipment reserved by tbe company installiiig same (tothe extent die ownenhip of same is reserved to the company in (he agreement allofxing tbe installation of same), and(ii) all leased property therein or thereon.
1.4. ?. The name by which this condoniinium is to be identified is River Glen Condominium (the"(:ondomlnlpni").
2. ?. The following temis used in this Declara(ion and the Exhibits hereto shall have the followtngmeanings, unless tha context in whicb they ue used clearly requires a different meaning:
'!%d" means the Florida Condominium Act (currently Chapier 718 of the Florida Stamtes). Unlessprovided othermse, the provisions of the Act, as amerided from }tme to time, shall govern the Condominiiun.
'!%Hti?" means the Articles of hicorporation or Association as amended from time to time, a copy ofwhich are attached to %s Declaration u ?.
"Assessment(s)" means a share of the funds requmd for the payment of Comrnon Expemes which, fromtime to timA i8 a8ses-8ed against the Unit Owner. The term Assessment sba?l mclude a Special Assessment.
'?" !neans River G}en Condominiunl Association, Inc., a Florida not-for-profit corporation, theentity responsible for the operation of the Condominiiun and its successors and/or assigns.
"Association Property" means that property, real and personal, in which ti(le or ownership is vested inAssociation for the use sind benefit of tts members. Association, upon approval by a majority of the Board, maypurchase or lease computer or similar equipment at any (ime if reqiiired or deemed beneficial for opera(ion of tbaCondominium Association shall have the riHh? but not the obliga(ion, to acquue Association property in its ownname. Associa(ion may sell or transrer its in(eresi in such Associatioii Property.
'?" means the Board of Directors of Association.
'?" rneam a smcme in which the Units ue located on the Condomintum Propetty. TheCondominium will contain at least one (1 ) buildtng and may contain up to fifteen (15) buildingg.
"?' means the By-Laws of Association, as they exist and are amended form time to time. A copyof the original Bylawx me atrached to this Declaration as ?.
'%srble Servlces" shall mean "buic serv!ce {iel' as described in Section 623(b%7%A) of die CableTeleviaion Consumet Prolecuon Act of 1992, stideo pxoy;tsrnrtAnB seniices offerea on a per-channel or pa-programbasis, video programming services offered in addi(ion (o basic service {!cr, any method of delivering videoprogramming to Units including, without Iimi(ation, interactive video pmgraniming, and any chamiel recognized inthe industry as premium includingi without limttationi HBO, Shom, Disney, Cinernu and the Movie 'Channel.By way of example, and not of rimitation, the term Cable Services may include cable television, aateuite masterantenna television, multipoint distn'bution systems, vMeo dialtone, open video system or any combination Theteof.
"Comm<+n Elements" has the meaning set forth in Section 3. 16 hereof.
"q<immon Expenses" means all expenses and assessmerits properly incurred by Association for theCondominium, including but not limited to any i(em designated as a common expense by the AcI this Declaration,or the By-Laws. Without limiting any oTher provision heeof, Common Expenses may include, at the Board'soption, any one ot more of the fouowing:
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(a) the costs of on-site managers, secretaries and/or other employees to provide services designated orrequested by the Board; and
(b) the costs of piu'chastng or leaging co?uter equipment for Association.
"Common Sprplum" means the excess of all receipts of Association collected on behalf of theCondominium including, but not limited to, Assessments, rems, profits and reveoues on account of the CommonElements, over the Common Expenses.
"Condominlum" shall have the meaning set forth in Section 1.4 heteof.
"Condominium Doeuments" means this Declatation and all of the Exhibits hereto, as they may beamended from time to time.
"Cqn4ominium Pmrcel" means a Unit, together with the undivided share in the Common Elements whichis appurtenant to such Unit.
"Condominium Property" means the Land and the personal proper!y that are subject to condominiumownership under this Declaration, all improvements on the Land, and all easements and rights appurtenant theretointended ror use in connection w}th the Condominium.
"Condomln}um Recreatjon Arei' shall have (he meaning set forth in Section 3.2 hexeof.
"Construq$ion Matters" shall have the meaning set forth in Section 35 of this Declarahon.
"?" shall mean Martin County, Florida, including all of its agencies, divisions, departmen(s,attorneys or agents employed to act on its behalf.
"Data Transgiiyyion Services" sha}l mean (i) internet access services and (ii) enhanced services ag definedin Section 64.702 of Title 47 of the Codle of Federal Regulations, as amended from time to time, and without reprdto whether the transmission faciltties ye used in interstate commerce.
"pB?" means this instniment as it is amended and/or supplemented from time to time. ThisDeclaration shall replace entirely the Original Declaration. This Declaration shau relate back to and be deemedeffective from the date upon which the Original Declamtion was zecorded.
"D5JB5J3Bf' shall have the meaning set forth in Section 35 hereof.
"?" means Tousa Homes, Inc. d/b/a Engle Homes South Florida, its successors and such of itsassigns as to which the rights of Developer unda this Declaration are specifically assigned; provided tiovvever, aUnit Owner shall not solely by the purchase or a Condominium Parcel be deemed a successor to, or assignee of, therights of Deve{oper under Ihis Declaration unless such Uni} Owner is specifically so designated as such successox to,or assignee of, such rights in the tespecbve insbniment of conveyance or any odrcr instrument executed byDevelopet. Developer may also assign only a portion of i(s rights under this Declaration, or all or a portion of suchrigh}s in comiection with appropriate portions or the Condominium. In lhe event of such partial assignmen? theassignee shall not be deemed Devc}oper, but may exercise such rights of Developer specificauy assigned to it. Anysuch assignment may be tnade on a non-exclusive basis.
"? ' means the Division of Florida Land Sales, Condominiums and Mobile Homes.
"q4iarantee Explration Date" shall have the meaning sct fo* in Secuon 11.10.1 hereor.
"Innprovements" mean all sbcuctuxes and artificial changes to the natural environment (exclusive ofLandscaping) on the Condominium Property, including but not limited to, the Building.
"Institutional First Mortgagee" shall mean (i) the ingtitutional and licensed holder of a first mortgageencumbering a Unit or Condominium Parcel or (ii) Developer and its affIliates, to the extent Developer or itr+affilia(es finances the purchase of a Unit or Condominium Parcel ini}ially or by assigmnent of an existing mortgage.
"Iniurance Trustee" shall have the meaning set forth m Section 12.1 hereof.
"Insur@d Property" shall have the meaning set forth in Section 12.3.1 hereof.
"?" shall have the meaning set forth in Section 1.2 hereor. Each time a Phase is added to theCondominium pursuant to Section 3 ticreor, the term "Land" shall be expanded to include the real propertycompriaing such added Phase.
"Landscaplng" shall mean all landscaping within the Condomiriium. All exteriot lmidscaping shau bemaintained by the Association.
"L{mlted Common Elemenis" means those Common Elements which are designated by %s Decluationfor the exclus!ve use of a certain Unit or Units to the exclusion of other Units.
"?" shall have the meaning set forth in Section 3.17.5 heteof.
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"]Slonitoring Symtem" shall mean any electronxc surveillance analor nxinttoring system intended to comtolaccess, provtde alami rervice, and/or enhance the welfare or the Condominium. By way of example, and not oflimitation, the term Monitormg System may inc}ude a central alarm sys(em, electronic e'mtamce gates, gatehouses,roving attendanbi, wfieless communicatfori to Units, or any combination ttieteof. THE PROVISION OF AMONffOR][NG SYSTEM SHALL rN NO MANNER CONSTITUTE A '?!ARRANTY OR REPRESENTATIONAS TO THE PROVISION OF OR LEVEL OF SECtJRlTY WITHIN THE CONDOMINIUM. DEVELOPER ANDASSOCIATION DO NOT GUARANTEE OR WARRANT, EXPRESSLY OR BY IMPLICATION, THEMERCHANTABILITY OF FITNESS FOR USE OF ANY MON?TORn'!G SYSTEM, OR THAT ANY SUCHSYSTEM (OR ANY OF ITS COMPONENTS OR RELATED SERVICES) WIL4 PREVENT INTRUSIONS,FIRES, OR OTHER OCCURRENCES, REGARDLESS OF WHETHER OR NOT amE MON?TORTNG SERVICE58 DESJGNED TO MONITOR THE SAME. EACH AND EVERY UNIT OWNER AND THE OCCUPANT OFEACH UNIT ACKNOWLEDGES THAT DEVELOPER AND ASSOCIATION, THEfR EMPLOYEES, AGENTS,MANAGERS, DIRECTORS, AND OFFICERS, ARE NOT rNSURERS OF UNIT OWNERS OR UNITS, OR THEPERSONAL PROPERTh LOCATED WJTHrN MS. DEVELOPER AND ASSOCIATTON WILL NOT BP.RESPONSIBLE OR LIABLE FOR LOSSES, INJURIBS, OR DEATHS RESULanNG FROM ANY SUCHEVENTS.
"Original Declaration" shall have the same meaning as set fordi in Section 1.1 above.
"j'(i7klng Spaces" shall mean each parking space designated for the use of an Owner described in Seguon3.l7.2 hereof.
"f3f9?4f' mhall mean Permit No. 43-00429-S-14 i8!iued by SFWMD, a copy oT *hich is attached hereto as?.
'?%B" shau have the meaning set forth in Section 3.2 hereof.
"]?" shall have the meaning set forth in Section 3.2 hereof.
"?" shall have the meaning set ronh in Section 3.2 hereof
"?" shall have the meaning set forTh in Section 3.2 hereof.
"?" sha)l have the meaning set forth in Section 3.2 heteof.
"?" shall have the meaning set forth in Section 3.2 hereof.
"jj%3j" shall have the meaning set forth in Section 3.2 hereof.
"Pj.BB.7" shall have the meaning set fordi in Section 3.2 hereof.
"?" shall have the meaning set forth in Section 3 .2 hereof.
"?" shall have the meaning aet forth in Section 3.2 hereof.
"jj?" shall have the meaning set fonh in Section 3.2 hereof.
"]?" shall have the meaning set forTh in Section 3.2 heteof.
"PJ?gyJj" shall have the meaning set forth in Section 3.2 hereof.
'?" shall have the meaning set forth in Section 3.2 hereof.
'Tj%gl4" shau have (he meaning gt fordi in Section 3.2 hereof.
"?" shall have the roeaning se} forth in Section 3.2 hereof.
"?" means any rules rod regulations du)y promulgated from time to time by the Board puxsuam to itspowers under any of the Condominium Documents.
"?" shall mean the South Florida Water ManaBement District.
"Sp4qial Agsessm4nl" means any Assessment levted against Unit Ownen othex than Assessmenta requiredby the budget adopted annually.
"!>y$ee V/sbv Msimgenient FByllem" shall mean the collection of hv!ces, improvemnts, or mtuxalsystems whereby surrace wmers are controlled,-impounded or obstmcted. This term includes exfiltration trencheg,mitigation areas+ lakesi retention areas, watet management areas, ditches, culVei, structures, dams, impoundments,reservoirs, drainage mainlenance easernents and those wotks defined in Sectfion 373.403(1)-(5) of the FloridaStatutes. The Surface Water Management Syatem includes *ose works authorized by SFWMD pursuam to thePermit.
"Tele4ommunlcailqns Provi(l<ir" shall mean any party contracting with Association to pyovide UnitOwners with one or more Telecomrnunichtlons Servicea. Developer may be a Telecommunicationa Provider. With
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respect to any particular Telecomrnunications Services, There may be one or more Telecommunications Provirlers.By way of example, with respect to Da(a Transrnission Services, one Telecommunications Provider may prov!dcAssociation guch service whtie ano*er may own, inainuiin and service the Telecomrnunications Systems whichallow delivery of such Data Transmission Servtces.
"Telecommunicatlons Servicem" shall memi delivezed entertainment services; all services that ue typicallyand in the future identified as telecommunication serviceg; Telephony Services; Cable Services; and DataTransmission Services. Without limiting the fotegoiog, such Telecornmunications Services include thedevelopment, promotion, marketing, adverlisetnenl provision, distribution, maintenance, transmission, andservicing of any of the foregoing services. The term Telecommuiica'aons Services is to be commed u broadly aspossible.
"Te%cornmpnlcations Systems" shall mean all facuities, ttems and methods required and/or used t otderto provide Telecommunicauons Services to the Condorninium Without -limiting the foregoing,Telecommunications Systems may include wires (fiber optic or othe mterial), conduits, passive and activeelectonic equipment, pipes, pedestals, w'reless cell sites, computers, modems, satellite antennae gites, transmissionfacilities, amp!ifiers, junction boxes, trunk distribution, feedcr cables, ?ock boxes, taps, drop cables, relatedapparatus, corivetteta, connecbons, head-end antennae, earai stations, appiutenant destices, rietwork facilitiesnecessary and appropriate to support provision of local exchange services and/or any other item appropriate ornecessary to support provision of Telecommunications Services. Ownership and/or control of all or a portion of anypart of the Teleconmiunications Services nuiy be bifurcated among network dtstribution arcbitecture, systemhead-end equipment, and appurtenant devtces (e.g., individual adjustable digital units).
"Telephony Services" shall mean local exchange services provided by a certified loca? exchange cm'er orallernative local exchange c?ompany, intraLATA and interLATA voice telephony and da(a transmission.
"T{ue Doqpments" ghall have the meaning given to such term in Section 44 herein.
"Turn(iv(ir Date" shall have the meaning given to such term in the By-Laws which are attached to andmade a part of the Declaration as ?. Without limiting die foregoing, Developer shall never be obligated tohimover Assoctation prior to the date cunently required by the Act.
"JJHii" means a parl of the Condominium hopeTff which is subjec} to exclustve ownerghip and which igfurthet described in Section 3.15 hereof.
"?" or "Q3yBz" means the recoxd owner(s) of legal title to a Condorniniutn Parcel.
"?" shall have the meaning set forth in Section 10.7 hereof.
"?" shall include, but not be limited to, Telecomniunications Services, gas, elecbf{cl'hl, water andsewage and Barbage and trash disposal. The inclusion of any of the foregoing in the description of Utilities is forilluatration purpoges only, and not a guaranty that any o€ such services wiu be available to the Condominium.
"Voting Intereyt" shall mean the voting rights appurtenaiit to each Unit, which is one (1) vote per Unitregardless of the number of Unit Owners with tespect (o such Uni(.
"Wetland Cony(irvation Arqas" shall have the meaning set fordi in Section 7.9.3 herein. The WetlandConservation Areas will pan of the Common Elements and will be maintained by Associa(ion
3.2. Phue(:qpdornintumTheCondominiumisbeingdevelopedinmixteen(16)phasea(individuauy,a "Phase") pursuant to Sedion 718.403 of the Act. Each Phase includes one-( 1 ) Building cxcept for Phase 16, whtchcontmns a rccreation atea with a pool mid cabana ("Condomini(im Recrut!<in Area"). Each Phase will contain aportion of the roadwayg. The first Phase, laiown 'as "?" described m ? hereto shall consist of theiand that is affecbed try this Declaration and Buildmg 15. Additional Phegs'?maybeadded to the Condornium.Such Phases, if constructed, will be located within th:e real property desctibed in-? ("jJ?"), (7j33.@l")i ("?")- ('?")i ("J!laaji"), ("lha?")i ("pb'ase '8")i ('?")i ("?")i ("m")i5'?"),-("l?"), ('7"), (;'?"), -("l?"). ???ot'Plans'?andBu{kMn;forPhase 1 me attached as ?-and ror au other Phues ?. ? ccintains the legal descrip'motm of theland upori which the entire Condornium wiu be constructed if all six?6) Phages ue gubmitled.- Developermay make nonmateria? changes in the legal description of each Phase. 4 and ? contain the plotplans which show the approximate location of all existmg and proposed Buildings and improvements that mayultimately be included w!thin die Condominium. The pit plan may be modified by Developet as to Unit orBuilding types as hereinafter described. This Declaration shall-only tffect the Land degcribed on 7 atUichedhereto, and shall have ao effect on any portion of the real property-described in ? berco7(Phasesothet thanPhase l ) until such real property is made subject to this Declara(ion by an amendment adding a Phase.
3.3. De6cription qf 'f?uises. Each phase which is added to the Condominium shaLl comain thefollowing:
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3.4. P(ircentage Ownership in Cornrnon Elepi@00. As, and if one or morc of the additional Phases areadded to the Condominiurn, each Unit Ownefs undivided shue in the Common Elements, and the correspondingshare of expenses and surp?us, wi?l be adjusted to reflect the increase in the riumber of Units ba die Condominiumcaused by the addition or the Phase or Pbases, pursuant to the formula set for}h in Section s. 1 of this Declaration. Irone or more Phases are not added to the Condorniniurr4 the Units within the Condominium are entitled to onehundred percent ( 100%) ovvnership of all Common Elements within the Phases actually developed and added as par}of the Condorninium. In o*cr words, the aggregate or the existing Unit Ownerg in' the Condominium will at alltimes have one hundred percent (lOOo/o) ownership in al? of the Common E)ements, subject to dilution as to thepercentage share of each Unit Owner in the everit a subsequent Phase or Phases are actually developed and added tothe Condominium
3.5. ?. Section 5.3 of this Declaration provides that there wil? be one (1) vote per Unit.Accordingly, in the event any Phase is added, the membership in Association wtll be incyeased by the number ofadditional Unit Owners in the added Phase or Phues, and each Unit in the Condominium will have-one (1) vote. Ifany Phases uc not added, then the membership vote in Association will be one (l) vote per Unit for each Unitwithin the Condorninium, including any Phases which vtere previously or subsequently added to the Condominiiua
3.6. Melhod fgr Addtng Phases. Each Phase will be added to the Condominium by an appropriateamendment to this Declaration. Notwithstanang the provigions of Section 718.110, Florida Statutes, or-army-oThetprovision of this Declaration, amendments to the Derjaration addiny onr (1) or more Phases to this Condominiumshall not require the execution of such amendments or consents Qreto by Unit Owners, mortgagees, lienors, orAssociation, or any other person or entity, other than Developer. Taxes-and o*et Assessments relating to 'the
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proper7 in any Phase added to this Coridominium, covetin54 any period prior to the addition of such Phase, shall bethe responsibility or Developer. All intended improvements in any Phage must be subiitantially completed prior tothe time the Phase is added to the Condominiurn.
3.7. No Timeshares. No Thrne-share estates will or may be created with tespect to Units m thisCondominiura
3.8. ?. The time period within which each Phase must be added to the Condominium, if atall, is the date which is sevcn (7) years aRer this Declaration is tecorded in the Publtc Records of the County, andany Phase which is not added to the Condominium by !hat date tnay not thereafter be added.
3.9. lrqp@qt oJ %b4@qu@@l Ph@H(i. The impact which the addition of any Phase wiu have upon theCondominium is as follows:
3.9.2. {ncrease in Num%( qf lJniJ The number of Units within the Condomjniuni will be
3.9.3. Increase jn Commo4 ElegieHtp. The Common Elements will be increased.
3.9.4. %lqpJq0 0?lig@lipn4. Association will be responsible for the repair, matntenance andoperation of the Common Elements as tncreased by the addition of the Phase.
3.9.5. Incrqase in Co?on pzpensqs. Association will mcur additional cxpemes in connectionwith the min}enance, tepair and operation of the Condorninium as increased by the addition or the Phaae; hovtever,expenges incurred by Association in comechoti wtth the Common Elements or additional Phaseg will be a CommonExpense to the assessed against a larger numba of Units in proportion to their respective shares of the CommonElements.
3.9.6. Reduction in Proportionate Share. The ownership interest in the Common Elements andproportionate share of the Common Expenses of each Unit wil? be reduced pursuarit to Section 5.1 of thisDeclamtion.
3.10. R@6@ry@(jop J g5J4p. Deve{opet 'ueserves the right not to add any Phase to the Condorninium,and to add Phases m an mder detemiined by Developer. Developer reserves the-right to change the types ofBuildtngs and Units which may be added to die Condominium in any Phase. If Units consist of one-story, the Unitsmay be built above or below another Unit. Such Units may be placed side by side within any Building-, 'or back toback, or both. However, in no event may there be more dian two (2) stories withm any Buuding, or mo'x than etght(8) Units within any Building, uid in no event may die Units be ffiller or larger than the rnmrum or tnaximumsquare footage specified iti Section 3.3 above. To the extent Developer modifies the types of Buildtngs and Unitsadded within any Phase, Developer teserves the right to modify die plot plans atbiched -hereto as ? and toconstruct Buildings and improvements d'dfcrently than as shown on the plot plans, as may be necessary or destrablein connection with the construction of such Buijdings and improvemen;g; provided, however, that any amendmentadding any Phase shall contain a plot plan showing-the actual location of all Buildings and improvements actuallyconstructed within the Phase. Developer fur}her reserves the right to change tbe location of the parking areas andother Cormnon Elernent improvements as may be reasonably required to-serve the Buildings and Units actuallyconstructed within any Phase, and to make changes in the legal description andlor plot plan of the Phase required toaccommodate such changes or to comply mth the applicable governmental requi;ements such u parking;density,and set back or to comct errors, prior to the time the Phase is added to the Condominium. sr any-event, allBuildings added (o the Condominium in any Phase wiu be of comparable quality of constmction to the Build!ngsinitially included in the Condominium. Devcloper rcscrves the right to add additional common-element recreationa?facilities. The decision to consfuct such addi(ions is-solely within the rl!scxe6on or Developer.NOTWITHSTANDING ANYTHING CONTAINED HERErN TO TBE CONTRARY DEVELOa'ER SHmLHAVE NO DUTY, OBLIGATION OR RESPONSIB?L?TY TO CAUSE ANY PHASB OR ITS IMPROVEMENTSTO BE CONSTRUCTED AND ADDED TO THE CONDOMrN?tJM, AND NOTHmCi CONTAINED HEREINSHALL BE DEEMED A REPRESENTATION OR W? THAT ANY ADDITIONAL PHASE WILI-INFACT BE ADDED TO THE CONDOMINIUM.
3.11. ?.DevelopershallnotifyOwnersofextstingUnitsofthedecisionnottoaddoneormreadditional Phases. Notice shall be by first-class -maU addressed to each Owner at the address of hffi-or h;r 'Unit-or a;his or her last known address.
3.12. gecreationAreasandF@pili(ies.IntheeventthatanyorauoftheadditionalPhasesareaddedtothts Condominium, %ere shall be included in each Phase the parking areas and Buildtngs depicted on j? and?. Except rox the Condorninium Regeation Area- in Phase 16, none of }'he Pffies sharllnclude -t-heCondominium Recreational Area or personal property.
RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED BYDEVELOPER WITHOUT CONSENT OF UNIT OWNERS ORASSOCIATION
3.13. ?. The improvemenls in Phase } of the Condominiurn include one (l) Building containing,in addition to (he Comrnon Elements therein, an aggregate of four (4) Units, all of whicah aare more particularly
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hereinafter described. Each Unit is identified by a combination of Arabic numbers. Oiher improvements includedin the Condominium are Common Elements of the Condominium, walks, parking meas, pool deck, landscaping andall underground stuctures and improvements which ue not part of or located within the Building, such as wires,cables, drains, pipes, ducts, conduitii, valves and fittings.
3.14. Surveyand(3mphicDqgription.?tothisDeclarationsetsforththeplotplansibuildingp}ans, graphtc descripttons of the improvements, including the Units, and a Surveyor's Certificate for Phase 1-..,,.,F,xhibltl ? and this Declaration identify the Cornmon Elements and each Unit in the Condominium andtheir relative size and location.
3.15. ?. Phase 1 of the Condominium contains a total of foux (4) Units which are Iocated andindividually desmbed in ? bereto. The boundaries of each Unit are u follows:
3.15.1. %per and Lowe)t %undaries. The upper and lower boundaries of the Unit shall be thefollowing boundaries extended to an intersection with the perimehical boundaries :
3.l5.1.1. IJpBr Boundaries. The horizontal plane of the lowest surface or theunfinished ceiling slab (which will be deemed to be the ceiling or the second story for each Unit that is a two-storyUnit and the ceiling of }he first story for each Unit that is a one-story Unit).
3.15.1.2. Lower Boundaries. The horizonhil plane of the htghest smface or theunfinimhed floor slab (which will be deemed to be the floor of the first floor of each Unit in the Condominium).
3.l5.1.3. InteriorDivisi(ir4.ExceptaspmvidedinSubsections3.15.l.1and3.l5.1.2above, no pmt of the floor of the top story of a two (2)-story Unit, ceiung of the bottom story of a two (2)-story Unilor stairwell adjoining the two (2) floors ot stuctural interior walls shall be considered a boundary or the Unit.
3.15.2. Perim@triqal Boundaries. The perirnetrical boundaries of the Untt shall be the verticalplanes of tbt boiindary lines defined and deptcted in 7 as to Phase 1 and ? as to proposed Phase 2,proposed Phase 3, proposed Phase 4, proposed Phase s, proposed Phase 6, proposed -Phase 7, proposed Phase 8,proposed Phase 9, proposed Phase 10, proposed Phase 11, proposed Phase 12, proposed Phase 13, proposed Phase14, proposed Phase 15, and proposed Phase 16 extended to an intersection with ehch other and with the upper andlower boundaries. Any non-load-bearing portion of a per'meter wall inside tbe perimetical bounky of a 'Unit, ifany, shall be deemed a part of the Unit.
3.15.3. Balqoniqs, latios andlor Courtyards. Ba?conies, pa(ios andlor courtyards shall not rom apart or a Unit as such meas are Lirnited Common Elements.
3.l5.4. ?. 'V'ihete there &re aper?es In an)' boluldal')/ includingi but not llmlted toiwindows, doors, andUor screens, such boundaries shall be extended to include the windows, do-ors, and o*e fixtureslocated in such apertures, including all frameworks, window casings and weather stripping thereof, together withexterior suxhces made of glass or oUrier transpayent materials. Notwithstanding anibing to the contary, thestructural components of the Building, tegaxdless vthere located, are expressly excluded from the Units and areinstead deemed Cornrnon Elemen(s.
3. 15.5. Cenam Items Exclusively Serving a Unit. In addition to the uea within the perimetricaland upper and lower boundaries descn'bed above, each Unit shall be deemed to include within its boundaries the aircompressor equipmem (located on die groinid floor to the rear of each Untt within the Lirnited Common Elements ofench such Unit) exclusively serving the Unit and all royet doors, screen doors, screens, windowg, glass, and anyother materials covering openings ffi the exterior of the Ontt, which serve die Untt exclusively; provmed, 'however,that screenFirig, miling and/or fencing, if any, within the boundaries of a Limited Common Element forming part of apatio, terrace or courtyard shall be deemed a Limited Common Element and shall not form a part of a Unit.
3. 15.6. QgB,,. The garages providing access to Units shall form part of the Unit.
3.15.7. ?. Any piping or otber fixtures which ge located within one Unit bu( whichservtce another Unit or Units and the reinforced corictete portions of any load-bearing columns or walls withm aUnit shau be Common Elements.
3. 15.8. ?. The enbance to eacb UniI as shown in ? as to Phase l and ?as to proposed Phase 2, proposed Phase 3, proposed Phase 4, proposed Phase s, proposed Phase 6, propo?sedPhase7, proposed Phase 8, proposed Phase 9, proied Phase 10, proposed Phase 11, prop-osed Phase 12', imposed Phase13, proposed Phase 14, proposed Phase 15, and proposed Phase 16 hercto, sha'l?J beaa Lirnited Comrnon Elemerit orthe Unit whtch such entrance exclusively serves.
3.l5.9. QHBI. In cases not specifically covered above, andlor in any case of conflict orambiguity, the survey of the Units shall control in determining the boundaries of a Uriit, except 'ihat the provisions ofSections 3. 15. l and 3. 15.2 above shall control unless specifically dep!cted and labeled otherwiae on such survey.
3.16.1. The ponions of the Condominium Property which are not included within the Units,which includes, but is not urnited to, the Condomintum Recreation Area and roadways in Phase 1, u depicted on theplot plans.
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3.l6.2. Easementi thtough Uniti for conduiffl, ducJ plumbtng, pipes, wrong and oThct facilitiesfor the funiishing of Utiltties and other services to Uniti and Common Elements.
3.l6.3. An easement or support in evcry portion of the Unit which contributes to the support ofthe Building.
3. 16.4. The property and installations required for the fiu'ntshing of Utilities and other smlces tomore than one Unit or to the Common Elements.
3.l6.5. Limi'm Cotnmon Elements; provided, however, Limited Common Elements are notaccesgible by all Owners.
3. 16.6. Fixhues owned or held for the common use, benefit and enjoyment of an Unit Owners inthe Condominium.
3. 16.7. Meter rooms, electical rooms and mechanical morns.
3.16.8. AllunassignedParkingSpaces.
3.l6.9. jUl odier pam of the Condominium Property designated as Common Elements in theDeclaration or in the Exhibits attached hereto.
3.17. Li:ld(;"grmn?nE%aents.EachUnitshallhavecertainLimitedCommonElementsappurtenantthereto u follows:
3.l7.1. p@%ni@@, Patios and/or Courtyards. Balconies, patios andlor courtyaixds which areaccessible from a Unit shall be Limited Common E!;ments appiu'tenant to the Unit and for the exclusive use of tbeUnit Owner owning such Unit. There is no guarantee that any Unit shall have any specific view.
3.l7.2. Garages, Adjoining Drjv@w@yy P(ir)ang SpoQqli Each Unit shall have access to two (2)parking spaces, which inclu??destheexclusive use of a one (1 ) car iuage, which is part of the Unit, arid its adjoiningffiveway-. However, for Units that have driveways too small to 'mccommodate a second vehic}e, as determined byDeveloper in its sole'and abaolute discretion, an additional non-garage space shall be assigned in a manner describedbere'm. a Each Parking Space shall be a Limited Cornmon Element only upon it being assigned as such to a particularUnit. Each Parking 'ipace shall be identified by the number assigned to-such spaca. Developer shall have the rightto assign, with or without consideration, the exclusive right to use any Parking Space within the Common Elernentsof the-Condominium to one or more Units, wtiereupon such assigned Parking-Space shall be deemed a LirnitedCommon Element of the Unit to which it is assignea. Developer 'ahall have the rigbt to assign additional PgkingSpaces to partimlar Units for additional considemtion paid by -the Unit Omcr. All aasignments of Parking !ipaccsshall be nuide by mtniment in writing placed in the offIcial yecords of Association but ?l not be recorded in thePublic Records of County. Upon such mssignment, the Parking Space so usigned ghau be deemed to be a L?tedComrnon Elennent of the Unit and the Unit Owner's righ( to use of such Parking Space shall become anappur+enance to the Unit. kfler exclusive use of any sucb Parking Space is usigned by Developer, it may not beconveyed, assigned or encumbered except as an appurtenance to the Onit to which t( is asstgned, without the priorvrtittai appmv;l of Association. Notwithstanding-the fore57,omg, u to any Parking Space originally auigned byDeveloper, Developet reserves }he right, at any time prior (o the closmg of the role of the Unit to which suchParking Space was-assigned and provided the Turnovm Date has not yet occurred, to reassign such Parking Space.Fu'nher, a Unit Owner my give- up his exclugive right to use a Parking Space by written instniment, in a formapproved by Association, smting that Unit Ownet givcs up Unit Owner's exclusive yight to use such Parking Spaceand that it shall henceforth be a Cornmon Elernent. The jnstrument shau not be recorded in the Public Recotds ofCoiuity, but xafher, shall be placed in the official recotds of Association. Thereafter, Association, in its solediscretion, may assigri, with or without consideration, such Parking Space to ano}her Uni( Owner as a LimitedCotnrnon Elemem. motwithstanding the forey4olng, any assigmnent or a Parking Space which would result tn & UnitOwner having less than two (2) parking spaces (either located within or outside -of the Building) will be null andvoid. EACH UNIT OWNER' ACKNOWLEDGES AND AGREES THAT A PORTTON OF THE PARKINGFACILJT?ES MAY BE LOCATED BELOW THE FEDERAL FLOOD PLAJN. IN THE EVENT OF FLOODING,ANY AUTOMOBILES AND/OR PERSONAL PROPERTY STORED THERErN ?5 SUSCEPTIBLE TO WATERDAMAGE. BY ACQUIRING TITLE TO, OR TAKING POSSESSION OF, A UNIT, OR ACCEPT?N(J THEASSIGNMENT OF A PARJaNG SPACE, EACH OWNER, FOR SUCH OWNER AND THE OWNER'STENANTS, GUESTS AND INVITEES, HEREBY EXF'RESSLY ASSUMES ANY RESPONSIBILITY FORLOSS, DAMAGE OR LIABILITY RESULTmG THEREFROM. ADDITIONALLY, INSURANCE RATES,BOTH FOR THE ASSOC?ATION IN INSURTNG THE 'PARKING FAClLmES, AND 'FO'R OWNERS, MAY BEHIGHER THAN IF THE PA3X[NG STRUa[llRE WAS ABOVE THE FEDERAL FLOOD :PLAIN.
3.17.3. ?. Each drivaway which is accessible from a Unit shall be a Lirnited CommonElement appurtenant to the Unit and for the exclusiiie use of die Unit Omex owning such Unit.
3. 17.4. Aiz !ipace gd Ar@@ fgr 4ir qougigs6g pqHj?nt. The nght of exc}usivc use of the airspacc and area of the land adjacent to each Unit (or located on the slab adjacent to the Unit located below such Unitwith tespect to second floor-Units) occupied by the air handling compreasor equiptnent cotistituting a part of andservin54 a Unit shall be a Lirnited Co?n Element appurtenant to the Unit.
3.17.5. ?. Each Unit shall be assigned one (1) mailbox ("?"). Upon michusignment, the Mailbox so assigned shau be deemed to be a Limited Common Element -of-the Unit and d'ie Unit
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Owner's right to use such Mailbox shall become an appurtenance to the Unit. The exclusive use of any of suchMailbox may aot be conveyed or assigned to another Unit by Unit Ovimer.
3. 17.6. O%r. Any other portion of the Comrnon Elements which, by iti rome, camiot serve allUnits but serves one (1) Unit or more than one (l ) Unit, shall be deemed a Limited Common Elernent of the Unit(s)served and shall be nuiintained by such Owner unless such maintenance is the responsibility of die Association ue?sewhere provided m this Declaration. sr the event of any doubt or dispute as to vthe*er any poriton of theCommon Elementa constitutea a Limited Common Element or in ffie event of any quegtion as to which Units areserved thereby, a deciston shall be made by a majority vote of the Board and shall be btnang and conclusive whenso made.
3.18. ?. The following easernetits are hereby created (tn addition to any euements acatedunder the Act and any easement vdTecting the Condominium Propesty and recorded in the Public Recorb ofCounty).
3.18.1. ?. Each Unit shall have an easement of suppon and of necessity and shall besubject to an euemerit of support and necessity in favor of all other Units and the Common Elernents.
3.18.2. Utilities and Dyainage. Euements ase teservcd under, through and ovet theCondominium Property as may be required from time to time for Utilities, odzex services, and drainage in mder toaerve the Condominium and/or members of Association. A Unit Owner shau do nothing within or outside his or herUnit that inteferes with or impairs, or may interfere witb or impair, tbe provision of sucb Uuiities, otha service8 ordrainage facili}ies or the use of These easernents.
3. 18.3. Encrqachmentg. An easement for the unintentional and non-neJigent encroachment byany Unit upon any other Unit or Common Elernent, or vice versa, for any reamn not caused by or resulting from thewillil or negligent act or any Unit O?er, including without limitation, encroachments caused by or resulting fromthe original canstniction of improvements, which exclusive easement shall exist at au times during the continuanceof such encroachment, as an easement appurtenant to the encroaching Unit or other ?rovement, to the extent ofgueh encroachment. Encroachmenbi may regult from (i) comJmchon of the Improvements; (ii) settling or shifting ofthe Improvements; (iii) any alteration or repa# to the Conu'non Elements made by or with tbe consent ofAsgociation, analor (iv) any regair or restoration of the Improvements (or any portton thereof) after damage by fireor other casualty or any taking by condemnation or eminen} domain proceeangs of all or any portion of any Unit orthe Common Elements.
3.18.4. Ingress @J ]3gzplr,. Non-exclusive easements in favor of each Unit Owner and resident,their guests and tnvitees, shall exist for pedestrian traffic over, through mid actoss sidewalb, streets, paths, walksand other portions of the Common Elements as from time to time may be intended and designated for such purposeand use; and for vehicular and pedestrian traffIc over, through and acrosm such portions of the Common Elements asfrom time to time may be paved and intended for such purposes. Each Unit Owner shau have reasonable access tothe public roads from the Condominiun'b None of the easements specified in this Section shall be encumbered byany leasehold ot hen other thari Uaose on the Condominiurn Parcels.
3.l8.5. Construction; %@iqJ@n(;q. Developer (including its designees, comactors, successorsand a88igns) shau haVe the right, in its and their sole discretion, from time to time, to enter the condo=umPmperty and take all otber action necessary or convenient for the purpose or completing the construction dxeteof, ofany Improvements or Unit located or to be located thereon.
3.18.6. Development Easerrgi(. In addition to the rights tcserved clsewherc berein, Dcve}opureserves an easement for itself or its nominees over, upon, across, and under the Land as may be requ#ed inconnection mth the development of the Condominiurn, subsequen( pbases, if any, and other lands desigruited byDeveloper and to promote or othermse facilitate the development, construction and sale andjor leasing ofCondorninium Parcels or any portion of the Condominiiun. Without limiting the foxe@oing,, Developer specificauyreserves the right to use all paved roads and rights of way within the Condominium for vehicular-and idestrianingregs and eyess to and from construction sites and for the construction and maintenance of anyTelgommunications Systems provided by Developer. Specifically, each Unit Owner acknowledges thatconstruction vehiclea and trucks may use portions of the Common Elernents. Developer gha)l have no liability orobligation to repave, restore, or repair any portion of the Common Elements as a result of the use or the same byconstruction tafflc, and all maintenance and repair of such Common Elements shall be deemed ordinarymaintenance of Association payable by all Unit Ownets as part of Common Expenses. Without limiting theforegoing, at no time shall Developer be obligated to pay any amoum (o Assoctation on accoum of Developer's useof the Comtnon Elements for construction purposes. Developer intendi to uie the Common Elements for sa?es ofCondominium Parcels. Developa has the right to use all portions of the Common Elements in comiection with itsmarketing activities including, without limitation, allowing members of the general public to inspect model Umts,installing signs and displays, holding promo}ional parties and picnics, and using the Common Elements for everyothet type of promotional or sales activity that may be employed in the marketing of new and used Units or dQaleasing of Units. The easements crmted by this Section, and the rights rescrved herem in favor of Developer, shallbe constmed as broadly as possible and supplement the rights of Developer set forth in this Declaration. At no timeshall Developer incur any expense whatsoever in connection with its use and erijoyrnent of such righ(s andeasemems.
3. 18.7. Sal@s Activity. As long as Developer, itg successors, auiigns or nominees offers any unitsin the Condominium fm sa?e tri (he ordinary coursc of business any portion of the -pmperty that comprises or maycompr!sc part of the Condominium, Developer, its agents, nominees, designees, successors, -assigng and/or any othercMty or individual authorized by Developer, shau have the right to use portions of the Condominiiun owned by
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Developer, its successors, aasigns or nominees and the Common Elements of the Condominium for marketing andsales purposes. BY wa7 0f examplei and riot a8 a limitation, Developer its succeuorR, assigns, nomineeg and /ordesignees may maintain model units and sales offIces within }he Condominium, show model units and ffie CornmonElemenbi to prospective purchasers and tenants of the Units, provided such property is located within theCondorniniurn, utilize parking spaces that may have been assigned to model units, ir any, and/or smracc parkingspaces located within the Condominium, and exect on the Condom{nium Property signs and otber promotionalmaterial to advertise Units. Developer reserves the right to use any Units not closed as tempomry accommodationsfor, but not limited toi pro&pectisie purchasers. Such temporary accommodations shall not be considered a lea8ing ofthe Unit and shall not be subjecl to-Section 16 hereof.
3.l8.8. Additional Easements. Developer and Association, on their behalf and on behalf of allUnit Owners (each of whom hereby appoints Devcloper and Association u their attorney-in-fact for this purpose),each shall have the right to grant such additional elecbac, gas, other Utili(ies or gervice easements, or relocate anyexisting easements or drainage facilities in any portion of the Condominium Pmperty, and to grant access easernentsor relocate ary existing access easemerits in any porlion of the Condorninium Property, as Developer or Associationahau deem necessary or desirable for the proper operations and maintenance of the Improvements, or any portionthereof, or for the general health or vte}'fare or ffie Unit Owners, or k the ongoing development aof theCondominium, or for the storage or assembly of construction componen(s, or for the purpose of carrying out anyprovisions of this Declaration or otherwise, provided that such easements or the relocation of existing easements willnot prevent or unreasonably interfere with the reasonable use of the Units for dwelling purposes. Association hasthe authority widiout the jomder of an7 Unit Owners, to grant, modify or move any easement in and about theCommon Elements.
3.18.9. Pave<l ppv@w3ys (ind Roads. Odier Buildings and the Condominium Recreation Areaare expected to be constructed wtthjn the Condominium Property. Some of the o*er Buildings anNot theCondominium Recreation Area within the Condorniniun'i Property may need vehicular and pedestrian ingress andegress access over the paved driveways and roads within the Condorninium Property. To the extent the paveddriveways and roads within the Condominium Property provide accegs to ofher Bui!dings or the CondominiumRecreation Area, Developer and Association hereby grant nori-exclusive easements, at no charge, for vehicular andpedestrian ingress and egrcss ove the paved drivewai and roads w'thin the Condominium Property in favor or (1)the Unit owners aml residents and (2) their guests and invitees.
3. 18. 10. Water Trar)smission 4nd Distribution Facilitieg Easement and Rep4jr. Deve}oper herebygrants and convey+ to County its siiccessors and assigns, the non-exclusive right, privilege and easement toconsmct, re-constnict, lay, install, operate, maintain, relocate, repair, replace, improve-and tnspat watertransmisston and distribution facilities and sewer collection facilmes and -all appurtenances thereto, and allappunenant equipment, with the frill right of ingress thereto and cycss therefirom, within the Condominium Prq;ieny(excluding such facilities located inside a Unit) in accordance with p}ans approved by Developer or Associa6on-.
3.l8jl. Reservation of Right fq( I%veloper to Gmnt Additional Easement@. For as long as theCondominium Pmperty is being developed, Developer shall have the right to grant any additional easements overthe Condornmium Property that Developer detcrrnines m'e necessary for the continued development and opemtion ofthe Condominiurri Developer may grant such easements, without-the joinder of Unit Owners, Association, or anylender. By way of example and not u a limimtion, Developer may yant easements to itself or'oThexs for pedes'manor vehicular ingress and egress acrogs the roads within the Condominium Property. This Section may not beamended by anyone other than Developer without Dcve%et's joinder.
4. g@6(1(iin$ lJpqn ?@ration qnd Partition of Common Elernents. The undiv{ded share in the CommonElements and Common Surplus which is appurtenant to a- Unit, an exclusive eaxment for the use of the airspaceoccupied by 'die Unit as it exists at any particular time and ag ffie Unii may lawfiilly be altered or reconsbmcted fromtime to time, membershtp in Assaciation designated t this Declamtion, with the full vot% rights appertaininglhereto, and except as provided herein, the exclusive right to use a?l appropriate appurtenant LimitedaCommonElements, shall not be separated ffom and shall pass with the title to the Unit, vihe*er-or not separately described.All of tese aforedescribed appurtenances to a Unit, except as clsewhere provided to the contary, cannot beconveyed or encumbered except togelher wi}h the Unit. The respective shares in the Common Elements 'appiutenantto Units shatl remain undividedi and no action for partition of the Cornmon Elementsi the Condominium ]Properyior any part thereof, shall lie, except as provided herein with respect to termination of the Condominium.
s. 011/flqrship qf (;:omrnOn Elqmq$ and (.gmmon Surplus and Share of (,ommon Expen4e@; Voling Rigjt4.
5.1. Percenlage Ownership and Shares. Each Unit, regardless of size, has an equal undividedpercentage interest in the Common Elernents and Common Surplus,- and shall shue equally in the CommonExpenses. Each Uniti undivided ghare in the Common Elemenb =, determined by dividingathe -number one (1) bythe number of Units in the Condorninium, which tnay change from time to }ime as Phases axe added.
5.2. Qwn@r@hip lry Entity. In the everit that an Owner is o*er than a natural person, that Ovvner shau,prior to occupancy of the Unit, designate one or more persons who are to be die occupants or the Unit and registersuch persons with Association. Au provisions of this Declaration and the other Association Documents shall applyto both such Owner and the designated occupants
5.3. ?.EachUnitshallbeentitledtoone(I)votetobecagtbyitsUnitOwner(s)inaccordancewith the provisions of the By-Lawa and Arkicles. Each Unit Owner shau be a member of Association.
5.4. Eligibility of Directors. As set foA tri the Articles, (he property, business and affairs of theAssociation shall be managed by a Board of Duectors (the "!!91!31") consimng 'initially of three (3) directors, but
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subject to change as provided by the By-Liws. Directors appointed or degignated by the Developer need not be UnitOwnen of the Association or residents of Units in the Condotninium. All odiet direictors mugt be Unit Owncrs.
6. ?.
6.1. 4rBndm@nl 5y Associati<in.
6.l.1. ?.AmendrnentstothisDeclarationmaybeproposedbytheBoardbyresolutionadopted by a majority vob of the Directots present at any regular or special meetin;g of the-Bogd at vvhich a quommj8 presenf OTs b)/ 'dCle O ?'e? Of a llTlajOnf)/ Of '?e Uruats, wheffier b)' Vote of {luch O l?er!i as 'n?rllbeTs Of ]'Vha'?' t&fjOnat a special or re54ulu meeting of ttie membem or by 'wriuen instrument signed by them. Any amendtnent to thisDeclaration so proposed by the Bomd m members of Associatton shall be -transmitted -to the President ofAssociation, or, in the absence or the President, to a Vice Prmident or other acting chief executive offzcer.
6.l.2. ?. Notice of the subject maner of the proposed amendment to this Declamtionpursuant to this Subsection ghall be included jn die notice of any regular or specia? meeting of Association at whichsuch proposed amendment is to be considered.
6.1.3. kJgy?. Except as elsewhere provided, approval of an amendment nuist be byaffIrmative vote of:
6.1.3.1. Unit Owners owning not leas than eighty percent (80%) of the VotingInterests represented at any meeting at which a quomm has been attained; or
6.1.3.2. PriortothedateuponwhichUnitOwnersother(hantheDevelopercontrolthe Board, sixty six and two-thirds percent (66 2/3%) of (he Board. Notwithstanding die foregoing,-if the Ac(requues Unit Owner approval ror Ihe amendmen} being comidered, then the amount of Uni(-Owner apptova}required under the Act will also be neceasary for the approval of the amendment.
6.1.4. ?. Direciors not present in person at the meeting considering the amendmentmy express (heir agreement or disagreement in writing, provide:d that the same is delivered to the Sectetmy at orprior to the meeting. Such agreement or disagreement ma; not be used as a vote for or against tbe action taken andmay not be used for the purpose of creating a quorum.
6.2. By Developqt. For so long u Developer is offering ariy Units tn the Condorninium for sale 'm theordinary couxse of business, Developer may, without-joinder or consent of Association or any Unit Owner ormorJ,agee, adopt and record an amendment to thts Dec}aration rot the purpose of correcting a defect, enor oromission in or or this Declaration not materially affecting tbe rights of Owner8, lienors or mortBagees* Without inany way limtting the generality of the foregoing, and except as prohibited by the Act as it exists on die date hereor(e.g., those actions governed by Sections 718.11(K4) and (8) of the Florida Statutes (2006)), as long as Developer isoffering one or more Units in the Condominium for sale in the ordinary course of businesm', Developer shau have anabsolute right to make any amendment to this Declaration, includmg,-without limitation, any ameandmenu that arerequemed or required by any Institutiona? First Mortgagee or prospective Ingtihitional Firgt -Morlgagee to enhancethe rnarketability of its first mortgages on Unxts to one or more of the foregoing.
6.3. Ex@qu€jon @n(l Rsotdirig. An amendment, other than amendments made by Developer pursuantto the Act or thts Declamtion, g)uill be evidenced by a certificate of Association which shall include r;cordinginformation identifying this Declaration and shall be- executed in the form yequired for the execution of a deed.Amendments by Developer must be evidenced in writing, but a certificate or Association ts not required. Anamendment of this Declaration is effective when properly rccorded in the Public Records of County.
6.4. ?. The procedure for adopting amendments and the form of all amendments shau be incordormance with the requirements of the Act.
6.5. Restictions on Amendments.
6.5.1. NoamendmentshallchangetheconfigurationorsizeofanyUnitinanynuiterialfashion,materially albr or modify the appintenances to any Unit, or change die percentage by whicb die Unit Owner sharesthe Common Expensea and owns the Common Elements'and Common Surplus, unless a ma3oribl of the total V'otingInterests of Association, including au of ffie Voting Interests of Units affected by such-amendment join i th'eexecution of the amendment; provided, howevet, no such approval shall be required by Unit Owners if suchamendment is required by any governmental cribty having juris&tion over the Condominium.
6.5.2. No amendment may be adopted which would eliminate, modify, preiudice, abridge orothermse adversely affect any rights, bene'fltg,-privileges or priorities granted or teservcd to D;veloper,awithout therotten consent of Developer. This provigion may not-be amended.
6.5.3. lnstitutional Firs} Mortgagees.
6.5.3.l. Withrespec(toInstitutionalFirstMortgageeswhoholdmor3gagesrecorded, 2007, no amendmenl shall materiauy affect tbe rights or interests or Instihitional Firstprior to October 1, 2007, no amendment shall materiauy affect tbe righ;-or -interes;-of-Ins';hiti'onal-F';st
Mortgagees without fheir pru:ir consent, which shall be eviaenced as provided in the Act and which shnl 'not-beunreasonably w'thheld. It shall be presumed that, except as to those matters set forth in Sections 718-. !-lm-45 and (8')
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of the Florida Statutes, amendments to the Declaration do not affect the rights or interests of Institutional FirstMortgagees.
6.5.3.2. Widi reqct to Instihitional First Mortgagees who hold mor}gages recordedon or aRer to October 1, 2007, no amendment shall adversely affect the priority of an Institutional First Mortgagee'shen, or adverselY affect the rights of an Institutional First Mortgagee to foreclose tts hen without such fnstitutionalFirm Mortgagees prior written consem, nor shall any amendment be made as to the matters set forth in Section718.11(K4) and (8) of the Florida Statutes without the consent of Ingtitutional First Mottgagees affected by suchamendment. Such coment of Institutional First Morigagees ahall not be unreasonably withheld and shall beobtained and evidenced as provided in the Act.
7. M@intqnarice aqd RH@01@. Responsibility for nuiintenance, repairs and replacements of CondominiurnProperty and property of Unit Owners located or situated withiri the Condominiiun shall be as follows:
7. 1. ?. Each Unit Owner shall maintain, repair and replace, as oecessaxy and whether ord3mry orextraordinary, all porbom of his or her Untt, including but not limited to fixtureg, entrances, screens, botb sides ofwindows, the foyer door, all screen dxrs, and all oter doors and door hardware within or affording access to aUnit, thaI portion of the mechanical, electrical (including all wiring), p?umbing (including tixmes and connections),heating and air-conditioning equipment, themiostats, fixtures and outlets, smoke abirms, appliances, cmpets andother flooy covermy4 lying within die boundaries of the Unit, a?l imerior surfaces including !nterlor partitions (and, ingeneral, the entire interior of the Unit) at the Unit Owner's sole cost and expeme, except as otherwise expresslyprovided to the conmry herein. Notwithstanding the obligation of Unit Owners for maintenance, repair andreplacement of and in Units, the proceeds of all insurance awards or payments under iruiurance carried byAssociation for loss of or damage to or w'thin Units (if any such 'msurance is available) shall be applied agatnstrepairs and replacementa to the extent bt such award or payments exceed the deductible provisionii of suchinsurmice. All maintenance, repairs andlor replacements for which Unit Owner ts responsible and obligated toperform, which, if not perromed or omitted, would afrect other Units or Cornmon Elements, shall be peformedpromptly as the need arises. If a Untt Owner fails to perform promptly his or her responsibilities of repair,maintenance and replacement, Association shall be entitled to seek all remedies available at law, including the righlto impose fines ydlor to take lega? action to require die Unit Owner to perform the responsibilities. Associationshall be entitled to, but not obligated to, perform the necessary work at the cost of the Unit Owner and shall beentided to accesa to the Uni} rot that purpose. Association reserves the right to, but ig not obligated to, enter tnto aservice contract with an entity that will be available to provide minor maintenance or repair services to die electrical,plumbing, and heating and air-conditioning equipment. The service contract may also provide for minormaintenance and repair services to all appliances origmally provided by Developer. There ig no gunrantec that dieservice contract wiu be in place or that all of the itetns usted will be covercd unda the service contract. The UnitOwnet will continue to be responsible for the maintenance and repair of any item not covered under a servicecomract. The cost of a service contract, if in place, will be a Common Expense of Associa(ion.
7.2. Limited Common Elpm@$.
7.2.l. QBml. Each Unit Owner shall mainmin, repair and teplace, as neccssuy and wbethetordinary or extraordinary, all non-gtruchiral portions of Limited Cornmon Elements exclusively serving his or herUnit, excluding Parking Spaces and Mailboxes and driveways, including but not limited to fixtures, jight buTosiceilmg fans, screen doors, screening, the foyer door, all garden items and the grass, plants, shnibs and flowers withinsuch Limited Common Element, if applicable, and all o*er doors and gates, if applicable, within or affording accegsto a Ltmited Cornrnon Elemem, that portion of the electrical (including w?g), plumbmg, ir any (iuchidin7-fiiihiresand connections), fixtures and outle(s, appliarices, floor covcrmg lying within the boundaries of the- Lirn{tedCommon Element, all !nterior surfaceg (and, in general, die etd3re interior of the Lirnited Common Element) at theUnit Owner's sole cost and expense, except u otberwise expressly provided to the comary here!n.
7.2.2. Balconies, Pat{os and/ot Cogrtyar<14. The Units may have access to a balcony, patioandlor comtymds. The Unit Owner shall be responsible for maintenance and care of the balconies, patios andlorcourtyards, including, without limitation, all wiring, electric outlets, lighting fixtures, flooring, and ffireening, orscreened doorg, ff applicable. A Unit Owner may install floor coverinyi (e.g., tile) within a balcony, patio and/otcouayaxds aner obuiining the ptlor written approval of the Board. The Board shall be responsible for approving thedesign, structural integrity, aesthetic appeal and commc6on detatls, or otherwise, -which approv'al may beunreasonably withheld. No changes whatgoever can be made to ffiese areas without the perission of Association,which may be withheld for any reason. Although these balconieg, patios ana?ot courtyards may appear to be part ofthe app?icable Unit, such balconieg, patios &tiaioT counyards fflust be accessible- at all times to Association,maintenance persons such as window washers, police, fire rescue workers and such other persons as Associationmay allow access for the safety, vve{raxc or health of the Unit Owners aridlor Association. There is no guarantee thatthe balconies, patios and/or will be free from noise or ptiva}e. Unleu damage is caused due to the Unit Owner'sney5?igcnce, the Association shall be responsible for a}l structural components of the balconies, patios andcourtyards, inc?uding, without limitation, any rebar mnning through or underneath such facilities and the post andthe below ground footet that stabilmes the posts that support the ov;rhang, if any.
7.2.3. p@rking !>paq@s, Mail5oxes, and other Lirnited Commoq gleme$. Unless otherwiseprovided in this Declaration, Association shall be responsible for performing necessary maintaiance, repairs andreplacements, and keeping in clean and orderly condition, all Parking Spaces, driveways, Mailboxes,-or otherfactlities, if any, designated herem u Limited 5ommon Elements, and the cost of the same shau be 'treated asCommon Expenses assessed against all Unit Ownma.
7.2.4. ?7@j%iB(ppJ(irpig@@qp4i$ilj0([email protected] of repair, maintenance and replacement of Limited Common Elements, Association shall be entitled
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to seek all remedies availab}e at law, including the right to impose fines and/ot to take legal action to require theUnii Owner to perform the responsibilitieg. Association shall be entitled to perform die necessary work atathe costof t?he Unit Owner and shall be entitled to access to all Limited Cornmon Elements for that purpose or for the repair,replacement, and maintenance of all Limited Common Element screening and other facilities.
7.3. Areas Outside Building. All exterior Condominiiun Property not within the boundaries of theUnits and Building exteriors (including the roofs) shall be operated, maintai'ned, replaced and repaired by theAssociation. Such operation and rna7ntenance shall include, but not be ltmited ;o, the cost ror immance,landscaping, pavement replacement, directional signs, and shrubbery. The items to be mainmined by theAssociation shau include, but not be limited to, items such as the parking areas, driveways, roads, fences, andmailboxes if located outside the boundaries or (he Buildings, ir any.
7.4. g>?n E%rnq$. Except to the extent (i) expressly provided to the contrary herein, or (ii)proceeds of insurance are made avatlable therefore, au maintenance, teyafflg and replacements in o;to the CommonElements and Limited Cornmon Elernents (other than cem'm of the Ltrnited Comnxin Elements as provided above,and otherwise as provided in this Declaration) shall be performed by Association and the cost and -expense thereofshall be charged to all Unit Owners as a Common Expense, except to the extent arising from ot necegasitated by thenegligence, mtsuse or neglect of Apecific Unit Owners, in which ea!le such com and expense shau be paid solely bysuch Unit Owners. Association is bound to comply with all rnain(enance standards set forth in this D-eclaration. Inorder to operate the Condominium, it is possible that holes may be cut in walls to facilitate the placement ofequipment benefiting the Condominiun'r Fiuther, due to the location of these areas, it ia posgible -that noige orvibration or equipment may be heard or felt inside the Units. The Condominium may be-designed with a roofmembrane. The roof may contain hooks or other apparatus in the floor or walls that will allow equipment to be usedto clean windows of the Condominium. When windows are cleaned, dzcre may be drops or swings placed on theroo[ Trellises, if any, forming part of the roof shall be main(ained, a?ong with the rest of-(he roof by Association.
7.5. Assoctation's Right of Access to Units. Asgociation hu the irrevocable right of access to eachUnit during reasonable hours when necessarY for the maintenance, TepaiT, or replacement of an7 Comrrxin Elementsor Limited Common Elements, or for making emergency tepairs which are -necessary to prevent damage to theCornmon Elements or Limited Cornmon Elements or to another Unit or Uni(s.
7.6. Light Fixtures. The light fixtures on the ceilings of the corridors are Common Elements that willbe maintained and operated by Associa(ion. If Devcloper tnstaUs ligh( fixtures tmmediately outside each Unit and/orin the balconies, such light fixtures shall be maintained and operated by each applicabla Unit Owner. Prior tocompletion oFfhe Iast Unit to be constructed in the Condorninium, Developer or its msignee, sha?l have the right butnot the obligation, to cause those electric light fixtures which miy be atia:ched to the front exterior of the Buildingsbemeen Units, if any, plus d'iose electric street lights adjotned or adjacent to each Building, if any, to be turned onand off via an automatic dev!cc. Association shall be responsible fo'r the cost of the electicity, maintenance, repairand replacement of all parts of tbe electric light fixtures, the smet lights and the automatic device. Association sahallnot be responsible for the cost of electricity for operating any lighl fixture controlled by a Unit Owner, including bu(not litnited to, coach Iighffl attached to the 'ftom of Units which are controlled by Unit Owners.
7.7. ?. All vioxk performed on the Condominium Property or any portion lhereof shall bein compliance with all applicable gove?ntal building and zoning requirements. jUl-plumbing and electrica)maintenance, repairs, and replacements shau be made only by eritities and/or individuals duly insured, ucensed, ifapplicable, and qualified to perform such sersAces.
7.8. Affirmative Obligation of Association. In the evenl that Association believes that Developer hasfailed in any respect to meet Developer's obligations under this Declaration or hu failed to comply withaany ofDeveloper's obligations under law or the Common Elements or Ltmited Cornmon Elements ue defec6ve inaanyrespect, Association shall give wri(ten notice to Developer detailing the alleged failure or defect. Associatton a'gtee-sthat once Association has given written notice to Devejoper pursuant (o thi; Section, Associaiion sha?l be obliga}edto permit Developer and its agents to perform inspections of the Common Elements or Limi(ed Comrnon Elementsand to perform all tests and make all repairslreplacemeiits deemed necesaaty by Developer to respond to such noticeat all reasouble times. Association agrees that any inspection, (est andlor repair/rep?acement scheduled on abusinesg day between 8 a.rri and s p.m.-shall be deemed scheduled a} a reasonable time. a The rights rescrved in thi- ;lSection inc}ude the right of Developer to repair or address, in Developer's sole option and expense, any aspect of theComrnon Elenients or Limited Comrnon Elements deemed defecfive by Developer during its inspaections of thesame. Association's failure to give the notice mid/or othemse comply with the provisions of this Section windmnage Developer. At thia time, it is impossible to determine the -actual damages Developer might suffer.Accordingly, if Association fails to comply with its obligations under this Section in any respect,aAssocWtion shallpay to Developer liquidated damages in the anxiunt of $250,000.00 which Assoctationoand aDeveloper agree' are afair and reasonable remedy.
7.9. Siuface Watqr Management System.
7.9.1. Dp7<(i%aintain.TheSurfaceWaterManagementSysiemw'thintheCondomtniumwi?lbe ovmed, maintained and operated by Association u permitted by-the SFWMD. If owned by Association -asComrnon Elements, the costs or the operation and maintenance of }he Surface Water Management System shall bepart of the Common Expenses of Association. Notwiths!anding the forcBoing, the SFWMD ffis-tbe right-to-takeenforcement action, including a civU action ror injunction and penalties against Association to compel it to correcrany outstanding problems with die Surface Water Management System facilities or in mitigation or conservationareu under the responsibility or control of Asgoc{a(ton. Association shall acx:ept any and ;11 mnsfer of permitsrtom Devel0per. Asstxiiation shall cooperate with Developer with any applicationsi-certificationsi' -aocW;ts-o;conserits required to effectuate any auch transfer of permits ;0 Association.Amendmen$s t<i As4ociation Do6rn@r1ts-.
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Any proposed mnendment to Condominium Documents which will affect the Surface Water Management Systeminc!uaing any environmental conservation area and the water management porbom of the Common E}ements, musthave the prior written approval of the SFWMD. Association's registered agent shall maintain cc@ies of all SurfaceWater Management System permits and oorreapondence respecting such permits, and any future SFWMD permitactions shall be maintained by Association's re54!stered agem -for Association's benefitWzl@0(J (,gmemtion /i6@@.Buudin@ may be adjacent to wedands, wetland mitigation ot preservation meas, upland conservation areas anddrainage easements, which 'my be dedicated by Plat anNot protected by a conservaUon easement (")?Conse;vatlon Ar@@s"). Unit Owners shau not remove rm've vegetation (mcludtng cat}ails) that become esbibltahedwithin (he Wetland Conservation Areas abutting the Condominium Property. Removal includes dredging, theapplication of herbicide, mitting, and the intoduction of grass carp. Owners shall address any questioai rey,ardinBauthorized activities within the Wetland Conservation Areas to the SFWMD, Martin County Service Offlce, SudaceWater Regulation Manager.
7.9.4. Use %s?r4qli(+ns for Wetland QpH7ation Areas. The Wetland Conservation Areas mayin no way be ultered from *e# natural or pemiitted state. These use restrictions may be defined on the Permit andthe Plats associated w'th the Condominium Acbvhies prohibited w{thin the conservation areas include, but are notlimited to, the fol}owing:
7.9.4.}. Constructionorplacingoflandgcaping,buildirigs,roads,signs,billboardsorother advertising, utilities, or o*cr mrucmres on or above the ground;
7.9.4.2. Dumping or placing of soil or o(her substances or material as landfill, ordumping or placing or trash, iii'aste, or unsightly ot offemiyc materials;
7.9.4.3. Reimval or destnictioii of tress, shrubs or other vegetation; with excepuonfor the removal of exotic vegetation in accor?e with a SFWMD approve majntenance plan;
7.9.4.4. Excavation, dredging, or removal of loatn, peat, gravel, soil, tock oy othermaterial substance in such manner as to affect the surface;
7.9.4.5. Sutface use except fot putposes that permit the land or water area to remainpredominately in its natural condition;
1.9.4.6. Activities detrimental to drainage, flood control, mter conservation, erosioncontrol, soil conservation, or fish and wudlife habitat preserva6on including, but not l?ted to, ditching, dtking, andfenctng;
7.9.4.7. Acts or uses dettimental to such aforementioned retention and mainteminceof Iand or water geas;
7.9.4.8. Acts or uses detrimental to the preservation of any features or aspects of thepxopeml having historical, archeological or cultural significance.
8. Archiie(:tur(il Control Provist<iri'y.
8.1. A%ra(ions by Unit ?wH@rs (Mher than %vqlqper. No Unit Owner o*er than Developer,provided Developer shall own at least one (1 ) Unit m the Condominium for aale in the otdsmry comse of busiffiesswhich has not yet been conveyed to a tMtd par7 homebuyer, shall, without first having obtained the wrmen consentof tbe Board and all requma govenunental approva?s and pe?ts, make any altemtion, replacement, decoration,enckosme, or addition in or to the Common Elements (inchiding any Limitea Conimon Element appunenant to aUnit) or the Unit. Without limiting the Henerality of the rote54o'mg, no Unit Owner o*er than Developer, providedDeveloper shau own at least one (1) Unit in the Condominium for sale in the ordinary course of business,' withouthaving first obtained the prior consent of the Board, shau:
8.l.l. change,mxlifyandrernove,inwholeorinparlzeplace,reroute,ototherwiseaffectanycolumn, wall or partition, pipe, duct, wire or conduit, or obstruct any easement-herein provided for; or
8.l.2. change, modify ox otherwise affect in any mmmer any mechanical, Utilities, electrical,plumb%, Te!ecommunication Services, architectural or structural system or element of the Buildings; or
8.1.3. remove, or change the style, pattern, niateriali texture or outside color of any door,window, fixture or equipment in or on an exterior of a Unit or Building wal); or
8.I.4. coverifromtheinsideoroutside,theglassorothertransparentoruanslucentmaterialinany exterior door ot window with, or apply or affix thereto, any material or substance which shall render the sameopaque or change the exterior color thereof, except interior draperies, ciutains, shades or shuaers which are lined,backed, coveted or patnted on the side visib)e from the exterior with a neutral color material, any and all of whichshall conform to building standards and Rules from time to time promulgated by The Board; or
8.l.5. affixtoorcoveranyexteriordoororwindow,orotherwiseinstallontheexteriorofanyUnit or ffie Building, any storm or hurricane shut}er which has no( been approved by Association or any awning orany protective or acco'm've panel, paneling, trim, enclosure, nxtuxe, or appliance; or
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8.1.6. change,modifyorotherwiseaffectinanyrnannertheimpactresistantglaaswindowsandsliding glass doors; or
8.l.7. od'rcrwise change, modify or alter the exterior of any Unit or the Buildingg so that itthereby affers in appeamnce from any otha Units o'f the rome type.
8.2. g@qu@st4 for A@roval. All requests by Unit Owners for approval of altemtions or additions shallbe submitted to the Board in writing together with (a) two (2) copies of such plans and specifications u the Boardahall require to evaluate the request, and (b) such reasonable fee as from titne * time may be rixed by the Board todefray the expenses of reviewiffig such requests. The Board shall have a period of thirty (30) days afler the dace ofits receipt of any such request within whieh (o approVe or disapprove the same, mid, if not approved within suchthirty (30) day period, such request shall be deemed re3ecied. Any Unit Owner makjng an addition, altemtion, orirnpmvement shall be deemed to have agreed to indemnify and hold Association and all other Unit Owners harmlessfrom all damages and liability which regults ffom sucb addition, alteration or improvement. In the even( any UnitOwner perfomis any alteratiom, improvements, or additions without having obmined the consent of the Board,Arisociamon shall hmve all temedies provided by the Act and the right to seek m3mcfive relief. In addition,Association may remove or modify any such al(emtions, improvements or additions at the Unit Owner's expenvand shall be entitled to access to the Unit for the purpose of doing so.
8.3. Alterations by Assoqi@?pn. Whenever, in the judgment of the Board, the Common Elemaits orany part thereof shall require capital additions, alterations or improvements (as distinpished from repairs andreplacements) costing in excess of Ten Thousarid Dollars ($10,600.00) m the aggregate in any calendm year,Association may proceed with such additions, alterations or improvements only if the mak% of such additions,alterations or improvementg shall have been approved by a ma3ority of die Voting Interests represented at a meetinga( which a quomm ts attained. Any such addit!ons, alterations, or jmprovements to guch Common Elements or anyparl thereof costing 4n the agegate of Ten Thousand Dollars ($ 10,000.00) or less tti a calendar year may be madeby Association without approval of the Untt Owners. The cost and expense of any such additions, alterations orimprovements to such Common Elements shall conmtute a part or the Common Expenses and shall be assessed tothe Untt Owners as Common Expenses. The douar cap promded in }his Section shall be adjusted minuauy to takeinto account changa+ in the cost of living as reflected in any nationally available Conaumer Price Index selected bythe Board.
8.4. 41%@ralions by Developer. As long as Developer is offcrmy, at least one (1) Unit in theCondominiutn for sale in the -otd*ry -course or business which- has not yet beeti conveyed to a third partyhomcbuyet, Developer shall have the right, without the vote or consent of Association to:
8.4.1. Struchiral (in<l %p4tmchiral Changes. Make sfuchiral and non-structural changes,alterations, additiona, or improvements in and to the Units owned by Developer and to change the interior designand arrangement of Developer-owned Units; and
8.4.2. Qianges to Size @nd Qll?r ol Ilnits. Change the size andlot number of Developexowned Units by combintng all or part or twa (2) or more Destelopex owned Unitg os by subdividing otie (l ) ox 'nioreDeveloper owned Units (including any Units resulting from die prior combination of ffio (2) or more of Devcloperowned Units) or othermse, and to reapporBon among the affected Developer-owned Units their appurtenantundivided interest in the Common Blements, all only to the extent permiffed by and according to the proceduregprovided in the Act, including, but not limited to, Section 718.110(4) of the Florida Stahiteg. [n no event shall anysuch combination of Units affect the interest in Common Elements, the share of Common Expenses and CommonSurplus or the voting rights appurtenant to any of the Units, including combined Units which shall be treated for allsuch purposes as separate Units. Any change in the number or size of Developer-owned Units and anyreapportionment of that appurtenant undivided interest in the Common Elements ghall be-reflected by an amemltnentto this Declaration vihich shall contain a smvey reflecting the change
9. Operation of $e; Condominium 5y 4@@ociation; Powlr @n<l Duties; Lirnitatiqp Upon Limbili7 (;il?. Association shall be the entity responsible for the opera-tion of the Condominium. The powem andduties of Associahon sball fnclude those set forth m the Articles and By-Laws. Notwithstanding the duty ofAssociation to maintain and repair pam of the Condominium Property, Association shall not be riable to UnttOwners for injury or damage, other than for the cos( of maintenance and repait caused by any condition of theCondominium Property.
10. ?. Associahon has been gran(ed (he right to make, lel'J and collect Assessments agmnst theUnit Owners to provide the fiinds necessary ror the proper operation and management of the Condominium. Thefollomng provisjons shall govern the making, levying a'nd collecting of such Assessments for Common Expenses,and the payment of the coats and expenses of opemting and managing the Condominium by Association.
10.1. I%t(ir':HtionofAs@@ggpts.TheBoardshallfromtimetot{meiandatleamannuatly,prepareabudget for the Condominiurn, determin?ethe amount of Assessments payable by the Unit Owners to ffit theCommon Expenses of the Condorninium, and allocate and usess such expenses among the Unit Owners inaccordance with the provisions of this Declamtion and the By-Laws. Each Unit Owner shaff be liable for his shareof al) Common Expenses which shall be in the same percen}age as his ownership of the Common Elements.
10.2. Associatiqn as Uni$ (J)@r. Should Association become the Unit Ownet of a UniI theAuessment which would otherwise be due and payable to Association by the Unit Owncr of such Unit, reduced bythe amount of income which may be derived from The leasing of such Unit by Association, shall be apponioned andthe Assessment *erefor lev;ed ratably amotig the Ownen of all Units whtch are not ovvned by Association, based
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Amin&4 uid Ralaled Declmnlion
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Book2273/Page465 CFN#2034114 Page 21 of 262
upon their proportionate interests in the Common Elements exclusive of the interests tberein appurienant to the Unitowned by Association.
10.3. Tjpiq for Payyni The Assessmen( for Common Expenses levied against each Unit Owner shallbe payable in quarterly ingtallments or at such time as shall from time to time be fixed by the Board. The UnttOwner is responsible for the payment or Assessments u of the date that auch Unit Owner closes on the purchase ofthe Condominium Parcel.
10.4. Annual Budget. The Board shall in accordance mth the By-Iaws of AssocMon, establish anannual budget in advance for each fiscal yeu, which shall correspond to the calendu year, vihich shau estimate auexpenses for the fordicoming year required for the proper operation, management and maintenance of theCondomtnium and all propertj owned by Association, includjng, to the extent yequired by law or when deemedriecessasy or advisable by the Board, a reasomble allowance for contingenciem and xeaervts, and ghau estimate allincome to be collected during die year. Upon adoption of each annual budget by the Board, copiai Thereof sha{T badelivered to each Unit Owner, and the Assessrrent for the year shall be based upon such budget; provided, however,that failure to deliver a copy of the budget to a Unit Owner shall not affect the liability of such Unit Owner for theAssessments. Should the Board at any time and from time to time datermine, in the sole discretion of tbe Board,that the Assessments levied are or may prove to be insuffIcient to pay the costs of operation, manayement andmaintenance of the Condominium, or in the event of emergencies, the Board shau have die authority to levy suchadditional Assessment or Assesgments as it deems necessuy. Any budget adopted shall be subject to change, at anytime, in otder to cover actual expenses. Any such change shau be adopvd consisbnt with the provisiom of the By-Laws. Additionally, the charges for Telecommunication Services, if any, to be provided to all of the Units of theCondominium, shall be deemed to be a Common Expense. The Board m deimmining the amount of theAssessments payable by the Unit Owners shall be authorized (o include such charges in the estimated operatingbudget for dse Condominium Accordingly, the provisions contained in Section 11 of this Declaratton with respectto the collection of Assessments shall be applicable to the charges for Telecornmiuiication Services.
10.5. Reserv@ punds. The Board, in establishing each annual budget, shall include therem sums to becollected and rnainta(ned u reserve ruru3s for die repair and replacement of Common Elements and personalpropery held for die joint use and benefit of die Owners of all Units as requircd by the Act. Developer may vote,which vote shall take place each year, to waive rescrvcs or rcduce the funding of rescrves in accordance with therights and obligations set forth jn the Act.
10.6. !>p6ial Assesgn'q5. The specific purpose or purposes of any Special Assessmen( approved inaccoraamce with this Declaration, Anicles, or By-Laws shall be set fordi in a wriffen notice of such SpecialAssesgment sent or delivered to each Unil Owner. The funds collected pursuan} to a Special Assessment shall beused only for the specific purpose or purposes set forth in such notice, or returned to the Unit Ownas. However,upon completion of such specific purpose or purposes, any excess ffinds shall be considered Common Surplus.Notwithstanding anything to the contary contained herein, afkr the Turnover Date, all Special Assessmentsi exceptthose ror required replacement or zepatrs, tn any given calendar year which in the aggregate cxceed ten thousanddollars ($ 10,000), ahall requ#e *e approval of seventy-'fflve percent ( 75%) of an of the votes present (in person or byproxy) at a duly noticed meeting of the membem of Assoc{ation in which there is a quomm. The Board ghall haveauthority to tmpose Assessments for requ#ed rep?acernents or repairs withou( any vote of the membership.
10.7. ?.TheBoardhastheright,butnotanobUgation,toestablishusefees("i%BJBJ')fromtime to time for the exclugive use of any portion of die Common Elements. Altematively, the Board may clcct not tochaxge Use Fees and include the costs of all or any of the forey4o'usg in Common Expenses, which will then be sharedby all Unit Owncrs in accordance with their percentage interest in the Cornmon Elements.
11. CollectionofAsse(i4m@nt@.
11.1. DqlinquencyorDefault.IfanyAssessmentorinstallmentthereofduetoAssociationisnotpaidwithin fifteen (15) days (or such other period of time established by the Board) after the due date, a late fee of$25.00 per month (or such greater amount established by the Board), together with interest in an amount equal to themaximum tate auoviiable by law (or such lesser rate established by the Board), per annum, beginning from the dueda}e until paid in full, may be levied. The late fee shall compensate Association for administrative costs, loss of useof money, and accounting expenses.
11.2. [email protected](s)ofeachUnitshallbepergonallyliable,joitlyand severally, as the case may be, to Association fot the payment of all charges for Assessmenls fot CommonExpenses, regular or special, mterest on such delinquent charges, Assessments or installments *eteof as aboveprovided, and for all costs of collecting the chargeg, Assessments and interegt thereon, including, without limttation,reasomble attomeys' and paraprofesaional fees and costs, pretial and at all levels of proceedmgs, including appeals,levied or otherwise coming due while such person(s) or emsty own(g) a Unit.
11.3. Liability not Subj@qt %i W@ivqt. No Unit Owner may exempt h?elf, herself or itself fromliability ror any Assessment or charge levied against such Unit Owner and such Unit Owner's Unit by waiver of theuse or enjoyment of any of the Comrnon Elemen(s, Limited Common Elements, or any property owned or leased byAuociation, or by abandonment of the Unit, or in any other manner.
11.4. Liqn fqr A)sessment. Association is hereby granted a hen upon each Coiidominium Parcel andupon any Limited Common Elements appurtenanl 10 any such Unit, which hen shall and does secuxe the monies duefor al{: (1) Assessments levied against the Unit and the Unit Owner(s), thereof, and (2) interegt, if any, which maybecome due on delinquent Assessments or charges owing to Association, and (3) reasonable costs and expenses,including, without limitation, attorneys' and paraprofessional fees and costs, pretrial and art all Ievels of proceedinp,
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Book2273/Page466 CFN#2034114 Page 22 of 262
including appea}s, which may be incurred by Association in enforctng its hen upon the Condominium Paycel. Thehen granted to Association may be established am foreclosed in the circuit court in and for County, and i any suitfor the foteclosuxe of such hen, Association shall be en}itled to scck an oraer or court that it is ent!tled to (i) collectrent fyom the Untt Owner, if die Unit Owner remains in pogsession of a Unit after a judgment of foreclosure isentered and (ii) obtain the appointment of a teccivcr for such Unit to collect the tent ir the Unit ia Ieued or ren(eddiuing the pendency of the foreckosuxc action. The hen of Association shau also seaire au advances for taxes, andpayments on account of superior mortgages, liars or encurnbmncea made by Associatioti to preg,ervc and protect itshen, together with interegt at the highest rate pemiitted by law on all such advances made for such purpose, and thepriority of (he hen shall relate back to the date upon which thts Declaration wu recorded, except u oterwiseprovided in the Act. No roreclosuxe judgment may be entered ag,?t a Unit Owner until at least thtrty (30) daysafter Associat{on giveg writlen notice to die Unit Owner of its intention to foreclose its hen to collect the unpaidAssessmerits aridlor chmges. If thts notice is not given at least thtrty (30) days before the foreclosure action is filed,and if the unpaid Assessments andlor chaty4es, induang those coming due after the claim of hen is recorded, uepaid before the entry of a final judgment of foreclosure, Association may not recover at}orney's fees or costs. Theno'ace nuist be given by deliver of a copy of it to the Unit Owner or 'by certified rruiil, return receipt requested,addressed to the Unit Owner. If afler dil'igent seatch and inquiry Association camiot find the Unit-Owner or amailing address at which the Unit Owner will receive the notice, the court may proceed with the foreclosure actionand may award atiorney's fees, paraprofessional fees and costs as permitted by law. The nolice requirements or thisSection are satisfied if the Unit Owner rccords a no6ca of contest of hen as provided in the Act.
11.5. %qqr(iingan(lPriq?ityofLien.ThelienofAssociationshaubeeffectivefromandafterrecordingin the %blic flecords of County a claim of hen stating the name and a?ess of Auociation, the desmption of theUnit encumbered thereby, the name of the record Unit 'C)wner, the amount and the date when due, and shall continuefior one (1) year unless within that time an action to erdorca the hen is commenced in a court of competentjurisdiction, in which cue the }ien shall continue until such action is brought to completion. Such claims of ltenshau include Assessments and chmges which me due and wbich accrue su'bseqmnk to the recording of the claim ofhen and prior to the crby of a certificate of title, plus interest, costs, attorneys' fee8, paraprofesaional fees, adVancesto pay taxes and prior encumbrances and inlerest thereon, all as above provided. Such claims of hen shall be signedand verified by an oflicet or agent of Association. Upon frill payment of au sums secuxed by such claim of hen, thesame shall be satisfied or zecord. The hen of Association shall be subordtnate to the hen of any mortgage or anyother hen recorded ptior to the time of recording Association's claim of hen except that the uen -of Assoc7ation rortax or special assessment advances made by Assciciation where any taxing authority having jurisd{ction levies anytax or special assessment against the Condominium as an entirety instead of levying the same against eachCondominiurn Parcel, shall be paor in hen, right and di:ty to the hen of all mortgages, hens mid encumbrances,whether or not recorded prior to Association's claim of hen *erefor, and Association's claim of hen for collectionor such portion of any tax or Special Assessment shall specifically designate that the same secures an Asgessmentlevied pursumi( to this Declaration.
11.6. TransQrqfTitle,lpcludingForeclosureorJudi(:i(ilS@)q.SubjecttotheprovisionsofSectionll.9hereof, a Unit Ownar, regatdless of how title has been acquired, including by pmchase at a foteclogmt sale or bydeed in lieu of foreclosme, ks liable for a}l Assessments which come due while he, she or it is the Unit Ownet, and isalso jointly and seveally liable with the previous Unit Owner for all unpaid Auessmentri that came due up to thetime of 5nsfer of title. This liability is withou! prejudice to any righ( the current Unit Ovvner may have to tecovefrom the previous Unit Owner the amounts paid by the current Unit Owner.
11.7. pffect of Voluntary Tran4(@r. When a Unit Owner proposes to leue, sell or mortgage the UnitOwner's Condominiurn Parcel in compliance with other provisions of thts Declaration, Association, upon writtenrequest ofUnit Owner, shall Msh to-the proposed lesseei purchaser or tnorlgagee, a statement verify'ng the statusof payment or any Assessment or charge which shall be due and payable (o Assocmtion by the Unit-Owner. Suchstatement shall be executed by any officer of Association and any lessee, purchaser or mortgagee my rely uponsuch statement in concluding the proposed lease, puxcbase or mortgage transaction, and Assocmtion shall be-boffidby such statement. In the event that a Unit is to be sold or mortgaged a( the time whm payment of any Asgessmentor charge against the Unit Owner and the Unit is in default (whe'kr or not a claim o; l!en has been recorded byAssoctition) then the procecds of such sale or mortgage proceeds, as the cue may be, shau be applied by thepurchaser or rnortzagee first to payment of any then delinquent Assessment or cbmge or installment *exeof due toAssociation before payment of the balance of such rent, procoeds of ule or nxirtgage to the Unit Owner responsiblefor payment or such delinquent Amsessment. With any voluntary conveyance of a Unii, the gramiee shall be joindyand severally liable with the grantor for all unpaid Assessments and charges against the gyantor made prior to tbetime of such voluntary conveyance, without pxejudice to the righ(s of the grantee to tecover from the -grantor theamounts paid by the gtantea therefor.
11.8. NoElectionof%mediqs.Instihitionofasuitatlawtoattempttoeffectcollectionofthepaymentof any deliriquen( Assessment or charge shall no} be deemed to be an election by Association which shall prevent itfrom dzc'vaafter seekinB cnrorcemen( of the collection of any sums remaininB owed to if by foreclosure,'nor mha?lproceeding by foreclosuxe to attempt Io effect such collection be deemed to be an election precluding the institutionof suit at law to attempt to effect collection of any sum then remaining owed to it.
11.9. Institutiqn@llirs}Mor}gageq.
11.9.1. The liabi?ity of an Instimtional First Mortgagee or iti succeasor or agsigns who acquuetitle to a Unit by fozxSosme or by acea in lieu of foreclosute for the unpaid Assesgmen'Ui that bec;me due prior tothe moregagee's acquisi'Bon of title is limited to the leaser oft (i) the Unit'm unpaid reygalat periodic Asseasments forCommon Expenses-which accmed or came due during the six' (6) months immediateTy preceding the acquisition oftitle and rat which pa'lment in filu hu not fIt been Tece!Ved b)/ A8sociation; OT (ii) one ircent (1%) of tie originalmortgage debt. The ptost'sions of this Section shall not apply unleas the Institutional P'ust Mortgagee joing
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Ameiidad am Ramied Daclan*n
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Book2273/Page467 CFN#2034114 Page 23 of 262
Association as a defenrhrit in the roreclosuxe achon. Joinder of Association is not required if, on the date thecomplaint is filed, Agsociation was dissolved or did not mairitain an office or agent for service of process at alocation which was known to, or reuonably discoverab)e by the rysl mortgagee.
11.9.2. The lngtitutional First Mortgagee or its successor or ustgns acquiring tide shau pay theamount owed to Association within thirty (30) days after tansfer of title. Failure to pay the full amount when dueshall entitle Association to record a claim of hen against the Condominium Parcel ana ptxee3 m the same manneras provided in this Section for the collection of unpaid Assessments.
ll.9.3. The provisions of this subsection shall nor be available to shield an Instimtional FirstMortgagee from liability for Assessments in any case where the unpaid Assessments sought to be recoverea byAssociaiion are secured by a hen recotded prior to the recording of the mortgpy,e.
11.9.4. In the event of the acquisition of title to a Unk by foteclosuxe or judictal sale or by deedin lieu of forec}osme, any As8essment(s) or charg@s) as to which the party so acquiring tide shall not be liable shallbe absorbed and paid by all Unit Owners as a part of the Common Expenses, al(hough nothing heyein containedshall be construed u releastng the pdy personauy liable for such delinquent Assessment from the payment (hereofor the enlorcement oF collection of -such payment by means offict dian foreclosme.
11.10. p@y@Igp@('y'pjabuityforAssessments.
ll.lO.1. Developer shall be excused from the payment of the share of the Common Expenses andAsgessmenta relating to Units it is-offering ror sale for a period beginning with the recordmg of this Declaration andending the earuer or the date upon which Unit Ownets control tbe Board or one (1) yeu from the first day of thefouow% month in which the c-erThcate of occupancy is issued (the "G4islrsln0@ l1Jy4ldqq p4te"), prov{ded thatthe regulm quarterly Assessmenm for Comrnon Expemes imposed on each Unit Owner oher dian Developer shallnot increase dm'uyg such time over $1,044.79 per quar(er and provided furdier that Developer shau be ob%ated topay any arnc+unt of Common Expenses actually incurred during such perioas and not produced by the Asseumentsat me guaranteed }eve}s receivable from Unit Owners. The Guarantee Expiration Date-nuiy be unilaterauy extendedby Developer for one or more muccessive periods of one (1 ) year each until such time ag Developer does no( own anyUnits in the Condominium.
11.10.2. No ffinds receivable from Unit purchasers or Unit OwneTs payable to Association orcollected by Devekqer on behalf or Association, other than -regular periodic Assessments for Comrnon Expenses asprovided in this De-clamtion and d{sclosed in the estimated operating budget for the 'flrst tvvelve (12) months ofoperation contained m the Offering Circular (Prospectus) delivered to Unit purchuers or Unit Owners when Unitpfflhasers or Unit Owners conffacted to puxchase a Unit, if applicable, shall be used for payment of CommonExpenses prior to the Guarantee Expixation Date. This remtriciion ahall upply to 'huids tncluding, but not limited to,capital contributions, te?ursermds for utility deposits or star(-up funds couected from Unit purchasers at closing.If 6 audit of the Association's financial records, perfomied for the period which includes the Guarantee ExpirationDate (including any extensiong Uaereof), yeveals that Developer has funded a gteater amount than required under thisSection, then any such excess rihall be ptomptly refunded to 'tbe Developer by Assocmtion.
11.11. Poss4ssion qf 1%)jl. Subject to Association's riHhts mder this Declaration mid mder law, anyperson who acquires an interest in a UnFt, except Institutional First Mortgagees through fotcclosuxe of a firatffingage of recotd (or deed in lieu thereor), icluding, without ltmitation, person!l acqutring title by operation oflaw, shall be entitled to ocaipancy of the Unit and enjoyment of the Commoti Elements in accordance with thepurposes for which they are interidffid, provided that sueh occupancy and enjoyment do not hinder or enmach uponthe lawful rights of other Unit Owners.
11.12. Certi%@te qF llnpaid Assessments. Agsociation shall provide a certificate stating all Assessments,Special Assessments and od>et minies owed to Association by the Untt Owner wtth respect to the CondominiumParcel, within rdleeri (15) days aftcr request by a Unit Owner or Instihitional First Mortgay4ec.
12. ?. lrisurance covering portions of the Condominium Ptoperty shall be governed by the follow%proviaions:
12.1. InsuranceTmstee.AtanytirnetheBoardshallhavetheoptiontoappointabaukortrustcompanym Florida with trust powers to act aa its Wuxance tustee ("Insurance Trp41@e") unaer (his Declaration. himiranceTrustee and Association shall enter tmo a written agreemerit outlining the duties and obligations of InsuranceTrustee and Association with respect to the requuemenb of 'Lbi8 Declaz'a}ion. Insurance Trustee (if app0mted) shallnot be liable for payment of insurance premiums, nor for the renewal or die sufficiency or 'msurance policies nor forthe fai?ure to collect any insurance proceeds. If Association doeg not appoint an hisurance Tmstee, Association willperfomi directly all obligations imposed upon such Insmance Trustee by this Declaration. The sole duty ofInsurance Trustee shau be to xeceivc such proceeds of property irisurance as ue paid and to hold the same in trustfor the purposes herein sta(ed, and for the benefit of Ass:ociation, Unit Owners and die# respective mortgagees, to bedisbursed 'as herein provided. Assoc{ation shall pay a reasonable fee to Insurance Trus:ee ror service; renderedhereunder and shall pay such cosb and expenses as Ingurance Trustee may incur tn the pexfcimiance of its dutieshereunder; such fccs and costs to be usessed against and colleclcd from Unit Owners-as a Common Expense.Insurance Trustee shall be liable only for its willfiil misconduc( or gross negligence, and then only for such moneyas may come into the possesgion of Insurance Trustee.
12.2. Nam@d {Hged. The named insured shall be Agsociation, individually, and as agent for UnitOwners covcred by the policy, without naming them and as agen( ror their mo$agees, without naming them The
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Book2273/Page468 CFN#2034114 Page 24 of 262
Unit Owner8 and their mortgageem shau be additiona} insureds, but only in their respective capacities as UnitOwners or mongagees. Named as an insured may also be Agsociation's authorized representative, on behalf ofAssociation, including Insurance Trutee or any successor to hisurance Trustee.
12.2.1. (.u4tody of Polici@6 @nd Payment ol pHq<d@. All policies shall provide that paymentsfor losses made by die msmer shall be paid to Insurance Trustee (if appointed), or to Association (if no }nsuranceTmstee ia appointed), and all poHcies and endorgeats *ereb shall be deposited with Insurance Trustee (ifappointed) or otherwise with Association.
12.2.2. Copies $ %qrtgagees. One copy of each inmirance policy, or a certificate evidencingsuch policy, and all endorsements theteto, shall be furnished by Association upon request to each Institutional FirstMortgagee who holds a mortgage upon a Unit covered by the policy.
12.3. CgHz3B?. Association ghall maintain insurance covering the following:
12.3.l. Pmperty Iri'yiu'ance. The Buildings (including all 'nxtures, installations or additionscomprtsing those parIs oraoy Building widutn the boedaria ofthe Units itiittally installed, or replacemnts kreor,or like kind or quality in accordance mth the original plans and specifications therefor, or as it existed at the timethe Unit was initially conveyed ir the original plans and specifica'6ons uc not available, but excluding floorcoverings, wall caveringg and ceiling coverings, au furniture, furnishings, electrical fixtures, appliances, air-conditioning or heatinB equipment, water heaters, water filters, built-in cabinets and counterlops, window treatmentsincluding, but not limited to, curtains, drapes, blinds, bardwaxe, and similar window treatment components, orreplacements of any of the foregoing which are loca(ed within the boundaries of a Untt and serve only one Unit andall air conationing compressors diat service on)y one Unit, whe(her or not ?ocated withtn the Unit boundaries, orother personal property owned, supplied or installed by Unit Owners or tenants of Unit Owners) and allImprovements located on 'ihe Common Elements from time to time, together with all service machinery containedtherein (couectively, the "{n@uryd Property"), shall be insured, to the extent available, in an atnount not less thanone hundred percent (l00o/o) of the frill insurable replacement value thereof, excludin7 foiindation and excavationcosts. The policy ahall be written on an "agreed amount" form so that there wul be no co-tnsurance appltcable. Theinsmance policy s?uill provide a replacement cost valuation on all property which is repaired or replacea. Suchpolicies may contain reasomble deductible provisions as determined by the Board (and approved by-Developer solong as Developer holds a Unit in Uie Condominium for sale in the ordinary co'uxse of business and has not yetturned over control of the Association to Unit Owners). Such coveray;e shall afford protection against loss-ordamage by fire and odier hazards covercd on an all-risk basis.
12.3.2. ?. Cornprehensive general public liability and automobile liability tnsurancecovermz loss or damage resu?ting from accidents or occurrences on or about or in comiection with the InsuredProperty or adjoining driveways and walkways, or any work, matters or things related to the Insured Property, wtthsuch coverage as shall be required by the Board, but widi combined single lifflt liability of not less than $2,000,000for each occurrcncc, with a general policy aggregate of not less than $2,000,000. The limits xeq#ed herein can besatisfied by ustng an umbrella liabiljty policy. Each policy shall contain severability of interests-wordmg so that thepolictes will be interpreted/applied separately to each insured, *erefote covermy4 cross liabilities of the Unit Ownersas a group to any Unit Oviiner, and vice versa.
12.3.3. Wo7kqr@' (gmpqnsation Insurance. Workers' compensation including employelsliability in an amount detemiined by the Board and oTher mandatory insurance, -when applicable, or required bystatute.
12.3.4. Flood Insurance. Flood insurance, if required, andlot ffAssociation so elects.
12.3.5. pj(%li7 l?qnqq/F%li5 Bond. Fidelity irisurance or a Fideltty Bond, ifrequired underthe provisions of the AcI covering all Directors, o'mcers and employees oF Asgociation and managing-agentm whohandle Association fiuids, if any.
. . . 12.3.6: .Dirq(:tqr@ @nd Qfflcerl Irilyance. Directorg and officers msuxance, if 4es#ed nalorrequired undet die provisions of the Act, covermg all diyectors, offflcexs and employees of Association, for claimsuising out of their alleged "wrongful acts."
12.3.7. Wind4Hrm (:gv@r(igq. Wtnds(orrn coverage, if reqwed, and/or if Association so elects.
12.3.8. CXher Insurance. Such other insurance as thc Board shall determina from time to time tobe desirable.
12.3.9. W@ivqr qf 5$rog@%p. When appropriate and obtainable, each of the foregoing policiesshall waive the 'msuxcr's right of subroHation against Association and against the Unit Omcrs individually and as agroup.
12.4. ?. Premiums upon insurance policies purchased by Association shall be paid byAssociation as a Comtnon Expense. Premiums may be financed in such manner as the Board deems approprjate.
12.5. ?. Proceeds on account of damage to the ][nsmed Property shall be held in undividedshares for each Unit Owner, such shares being the same as the undivided shue;i in the Conmion Elementsappurtemint to each Unit.
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Amendad ud bs? Deelmlion
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12.6. ?.Nomortgageeshallhaveanyrighttodetemiineorpmticipateinthedetaminationasto whether or not any damaged property shall be teconsbucted or repaired, and no mortgagee ghall have any right toapply or have applied to the reduction of a mortgage debt any insurance proceeds, except for actual distributionsthereof made to the Unit Owner and tnortgagee puraiant to the provisions or this Declarat{on.
12.7. Distribution oj Ptqceeds. Ptoceeds of insurance policies received by Insurance Trustee (ifappointed) or Association shall be distributed to or for the benefit of the beneficial omers thereof in tbe followingmallller:
12.7.1. Expenses of the Tmsl. All expenses of hismuce Tmstee (if appointed) sha)1 be first paidor provisions shall be made lherefor.
12.7.2. 3qq@nstruction or Rep(iil. U the damaged propery for which the proceeds are paid is tobe repaired or reconstructed, the remaining proceeds shau be paid to defray the cost thereof as elsewhae providedherem. Any proceeds remaining after defraying such costs shall be distributed to the beneficial omet Uaereof,remittances to Unit Owiers and their morlgagees beinH payable jomtly to diem. Regardless of any delay indisbutsement, only Unit Owners holding title at the time of any disbursement of 'ms'uxance proceeds shall have anyrights to the same.
12.7.3. Failut'e! to p4pHtruqt or RepTht. If elsewbere it is determined in the mann€T providedthat the danuiged property for which the proceeds are paid shall not be recongmcted or repaiyed, the remainingproceeds shall be allocated among die benefIcial owners as provided in Section 12.7.2 above, and distibuted first toall Instihitional First Mortgagees in ati amount aufficient m pay off their rn?rtgages+ and the balance, if any, to thebeneficial Owners. This is a covenant for the benefit of any Instihitional First Mortgagee of a Unit and muy beerkrced by them.
?2.7.4. ?. sr making the distributions to Unit Owners and their rnortgagees, hisuranceTmstee (if appointed) may rely upon a certificate of Auociation made by its President or Vice President orAssociation's attorney as to the names of the Unit Owners and their mortgagees and their respective shares of thedistribution. Insurance Trustee (if appointed) may rely upon a cer}ificate of Assoctation rnside by its President orVice-President to determine whether or not the damaged property is to be reconstructed or repaffed.-
12.8. 4ssr:zi@?qr4 @l Agent. Association is hereby irrevocably appointed as agent and attorney-in-factfor each Unit Owner and for each oiiiiner of a morlgage or other hen upon a Uni} and for each owner of any otherin(erest in tbe Condominium Property }o purchase and maintain insurance policies, adjust all claims arising undermsmance policies purchased by Association, collect and appmpriately distribute the proceeds of insurance policies,execute and deliver rclcases upon the payment of claims and execute any document -necessary for the performanceof any of the insurance provisions or the Condominium Documents. Association may desiBnabe Insurance Tmsteeto act as die anorney-in-fact.
12.9. IJnit Ownps Personal Cove3ge. Unit Owners should obtain insurance coverage at their ownexpense upon the property lying within the boundaries of their Untt, Parking Space(s) and atorage space(s), ifapplicable, includmg, but not limited to, their personal property, all floor, wall and cetling coverings,- electricalfixtures, appliances, air conditioning and heating equipment, air conditioner air handling equipment, water heatersand bui?t-in cabinets. Unit Owners should also obtain personal liabtlity and living cxpcnse insurance. Insurancepolicies iasued to individiuil Unit Owners shall provide that the coveray,e-afforded by such policies is excess over theamount tecovemble mdet any o*er policy covering tbe same property wtthout rights of mhroga'aon agamtAssociatioii. Unless Association e?ects otherwise, the insumnce purcffised by Association shall not cover claimsagamt a Unit 0wner due to accidents occunmg within his or her Unit, Parking Space(s) or stomge space(s), if any,nor casualty or theft loss to the contents of such Unit, Parking Space(s) or stomge space(s), if any. -It shall be theobligation of the individual Unit Owncr, to purchase and pay ;or msurance as to all such other risks not covered byinsurance carried by Association.
13.1. DeterrninationtoReconstruqtg([email protected]?nsuredProperty, the Board shall arrange for the prompt repair and restoration of the Insured Propcr!y; provided, however ifseventy-rlV€5 percent (75%) or mote of the Insured Propert} is 8ubstan(ially damaged or de8ffoyed and ir Uni(OwllerM owllillg eight)I peIcent (80o/o) of the applicable interests in the Cormnon Elements 'lote rlot't0 prc)ceed Withthe rapait or restoration Unereor, then the Co'ndominium Property will not be repaired and the Association shallproceed with preparing a proposed plan of termination of Condominium pursuant -to Section 19 of this Declarattonand the Act, and in which event the net proceeds of insurance resulting room such damage or destniction shall bedivided among all the Unit Owners in proportion to their respective tnterests in the Common Elements with tespedto proceeds held for damage to die Insured Propeny o*e mn that portion of the msured Property lying within theboundaries of the Unit, and among affected UnFt Owners m proportion to the damage suffererl -by eacj'i such affectedUnit Owner, u determined in tbe so}e discretion of Association and disbursed u-provided in an approved plan oftermination; provided, however, duit no payment shall be made to a Untt Owner mM au morlgages -and ltens on hisor her Unit have been paid off from his share of such finids in the order of priority of such-mortgageg and hens.Notwithstandirig anything to the contrary in this Declaration, the Coiidominium may be terminated-pursuant to aplan of termination approved as provided in the Act when the total estimated cost of reph#s necessary -to restore tbeInsured Property to its former condition or bring it into compliance with applicable law or regulations exceedg thecomh!oed fair matket value of all Units in the Condominiiun after completion of such xepa#s, or swhen it ismpossible to recorismct 'die Condomintum to its prior physical condition because of land uge laws or regulations.
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Amended and Rmlaled Declanhon
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13.2. Plam and Specifications. Any recomtmction or tepair must be made substantially in accordancewith the plans and specifications for the original Improvements; or -if not, then in accordance witA the plans andspecifications approved by the Board, and if the damaged property which is to be altered is the Building, by amaiority of Unit Owners of that Building. Notwithstanding the foregoing, each morigagee of a Unit which will' bealtered shall have the right to approve tbe phns for the alteration, which approval 'shall not be unreasonablywithheld.
13.3. Unit Qwper %pnsibility. ff there is damage to diose parts of the Condorninium for which theresponsibility of maintenance and repair is that of the Unit Owners, then the Unit Owners shall be responsible for allnecessary yeconstruction and repair. In all other instances, the responsib{lity for all necessary reconstruction andrepair shall be diat of Association.
13.4. E4timate of (::osts. hnmediately after a determination is made to rebuild or repau bmage topropcrty for whtch Asgociation has the responsibility of reconstruction and repair, Association shall obtain reljableand detailed estimates of the cost to rebuild or repair.
13.5. Special Assessments aHd 4%j%n41 (;h@rges. If tbe proceeds of the insurance are not sufficient todefray the estimated covs of reconstniction and repair to be effected by Association, or if at any time duringreconstruction and repair or upon completion of recoffitruction and repair the funds for the payment of the costs ofreconstniction and repair are insuffIcient, Special Assessments shall be made against the Unit Owners in sufficientanxiunts to provide fiinds For the payment of such costs. Such Special Assessments on accoimt of damage to theInsixed Property shall be in proportioti to all of the Owner's respective shares in the Common Elements.
13.6. Disbursernenl of Cons(Bigliqq %nds. The proceeas of insurance collected on account of acasualty, and the sums collected from Untt Owners on account of such cuualty, ghall constituse a constniction fundwhich sball be disbursed in payment of the costs of reconstruction and repair in the fo}lowing manner and ordet:
13.6.1. ?'Bq? D@rn@g@. If the amount or the estitnated costs of tecormucbon and repair whichare the respoaiibility of Association is less than One Hundred Thousand Dollars ($100,000), then the constructionfund shall be disbursed in payment of siicti costs upon the ordet of die Board; provided, however, that upon requestto Association by an Institutional First Mortgagee which is a beneficiary of an 'msuxance policy, the proceeh ofwhich are included in the construction fiind, such fund shau be disbured in the manner provided below for therecomtruction and repair of major damage u set forth in Section 13.6.2 below.
13.6.2. Major Damage. If the amoun( of the estimated cogts of reconstructton and repair whichare the responsibility of Agsociation is more than One Hundred Thousand Dollars ($ 100,000), then the constmctiontund shall be disbursed in payment of such costs in the manner contemplated by Section 13.6. l above, but then onlyupon the furdse approval of an architect, general contractor, or engjneet qualified to pracua in Florida andemployed by Association to supervise the work.
13.6.3. F3BJH. It shall be presumed that the first monies disbursed in paymem of cost ofreconstruction and repnir shall be from insurance proceeds. If here ts a balance in a construction fund a%r paymentof all costs relating to the reconstniction and repair for which the fund is established, such balance -shall bedistributed to the beneficial of tbe fiind in the mamier elsewhere stated, except, however, that pan of a distribution toa Unit Owner which is not in excess of Assessments paid by such Owner into the construction fund shall not bemade payable to any mortgagee.
13.6.4. ?. Notwithstanding the provisions herein, Insurance Trustee (if appointed) shallnot be requ3xed to determine whether or not sums paid iy Unit Owners upon Special Assessments sh;11 be depositedby Association with Insuxamce Trustee (if appointedj, nor to determine viheher the disbursements from (heconstruction fund are to be nuide upon the ordm of Association alone or upon the additional approval oF an architector otherwise, nor whether a disbursemen( is to be made from the construction fund, nor to determine whe? surplusfunds to be distributed are less than the Special Assessments paid by Uriit Owners, nor to determine the payees northe amounts to be paid. Insurance Tnistee (if appointed) may rely upon a certificate of Associat{on, made by itsPresident or Vice President, as to any ot all of such matters and stating-that the sums to be paid are due and ptopslypaynble, and stating the mmes of the payeeg and the amounts to be paid.
14. Corxlemna}ion.
14.1. DepositofAwardswith?nsuranceTnigtee.The'mkingofportionsoftheCondomintumProperiyby the exercise of the power of eminent domain shau be deemed to be a casualty, and the awards for that taking -shallbe deemed to be proceeds from insurance on account of the casualty and ghall be depostted with Insurance Trustee(if appointed). Even though the avtards may be payable to Unit Owners, the Unit O'wners shall deposit the awardgwith lnsuxance Tmstee (if appoin(ed).
14.2, Dqtqrmina%n Whq(h(:( tp (;'optinue Q;+ndqmtpium. Whether the Condominium wall betermimted after condemnation roll be determined in the manner provided for detemiining whether damagedptoperty will be reconsrcted and repaired aftet cuualty. For this purpose, the taking by eminent doma* shall alsobe deemed to be a casualty.
14.3. Disbursement of Funds. If the Condominiurn is terminated aftet condemnation, the proceeds ofthe awards and Special Assessmen(s will be deemed to be insurance proceeds mid shall be owned and drstributed inthe mamer provided with respect to the ownership and distribution-of insurance proceeds if the Coridominium is?ated after a casualty. If the Condominium is not terminated after condemnation, the size of the Condominium
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will be reduced and the pyoperty danuiged by the taking will be made usable in the mamier provided below. Theptoceeds of the awards -and Special Assessments shall-be used for daese purposes and shall be disbursed in themanner provided for disbursement of funds by Insurance Trustee (if appoifflted5 aftat a casualty, or u elsewhere inthis Section 14 specifically provided.
14.4. Unit Red4@(l %} pabitable. If die taking reduces the size of a Unit and the temn'mmg portion ofthe Unit can be made habita'ble (in tbe sole opinion of Association)i the award for the taking of a portion of the Unitshall be used for the following purposes in the order smted and the follomng cbanges sharl be made to theCondominium:
?4.4.l. ReelQr@fi9ri of Uni!. The Unit shall be made habimble. It? re cost of the restorationexceeds die amount of the award, the additional fiuids tequited shall be cbazged against the Untt Ovnier.
?4.4.2. pjstribuhon of %rp%. The balance of the award in respect of the Uni(, ir any, shall bedistributed to the Unit Ownet and to each mortgagee of 'ihe Unit, the remittance being made payable jointly to theUnit Owner and such mortgagees.
14.5. lJnit%@deUninhabipblq.IfthetakingisoftheentireUnitorsoreducesthesizeofaUnitthatitcannot be made habitable (in the sole opinion of Associat{on), the awgd for the taking of the Unit shall be used forthe following purposes in the order stated and die following changes shall be made to the Condominium:
14.5.1. pBpent of Avimr4 The awards shall be paid first to the applicable histitutional RrstMortgagee in amounts suffictent to pay off k# mo$ages 'm connectfon with each Unit which is not so habitable;second,-to Association for any due and unpaid Assessments and Special Assegsmenm; third, jointly to die affectedUnit Owners and otha mor(gagees of Their Uniffl. ][n no event ghall the total of such distributions in respect of a?ific Unit exceefk the market value of such Unit immediately prior to the taking. The balance, if any, shall beapplied to repairing and replacing the Comrnon Elements.
14.5.2. Ad(Jjtiop to Commqn Elqqnts. The remaining portion of the Unit, if any, ghall becomepart of the Common Elements and shall be placed in a condition allowing, (o the exten( possible, for use by all of the'Unit Owners in the manncr approved by ffie Board; provided that if the cost of the *oxk ihexefox shall exceed thebalance of the fund from the amard for the taking, such work shall be approved in the manner elsevvhere required kcapita) improvements to the Conmion Elements.
? 14.5.3. A4jHtment of Shar(4. The shares in 3he Comnxin.Elements, Common Expensas..andCommon Surplus appurtenant to the Units that continue as part of the Condominium shall be adjusted to distributethe shares in the Common Elements, Common Expenses and Cormnon Surplus equally among the reduced numberof Unit Owners (and among reduced Units).
14.5.4. Special A4yq@@ln@nts. If the balance of the award (air payments to the Unit Owner andsuch Unit Owner's mortgagees as above provided) for the taking is not suffIcient to alter the remaining portion ofthe Unit for use as a part of the Common Elernents, the additional funds required for such purposes shau be raisedby Special Assessrnents against all of the Unit Owners who wiu continue as Unit Owners ahet the changes in theCondominium affected by the taking. The Special Assessments shau be made in proportion to the applicablepercentage shares of those Untt Owners after an adjustments to such shares affected pursuant hereto by reason of thetaking.
14.5.5. ?. If the market value of a Unit prior to the taking cannot be determined byagreement between the Unjt Owner and morigagees of the Unit and Association within thiny (30) days afket noticeof a dispute by any affected party, such value gtmll be determined by arbitation tn accoxdance with the then extsttngrules of the American Arbitration Agsociation, except that the arbitrators shall be two appratsers appointed by theAmerican Arbitration Agsociation who shau bue drefi detennination upon an average of their appraisals of the Unit.A judgment upon the decision rendered by the arbitralorg may be entcrcd in any court of competent jurisdiction inaccordance with the Florida Arbitration Code. The cost of arbitration proceedm5p shall be assessed against all UnitOwners, including Unit Owners who wtll not continue after the takinB, in proportion to the applicable percentageshares of such Unit Owners as they exist prior to the adjustmen(s to such shares affected pursuant hereto by rmsonof the taking.
14.6. Taking pr Q@rnmon E%rrl@Hts. Awards for the taking of Conunon ElemenU or Lirnited CommonElements shall be used to render the r;maining port{on of the Common Elements or Limited Cornmon Elementsusable in the manner approved by the Bomd; ptovided that if the cost of such vvork sbal) exceea the balance of thefunds from the awards for the taking, the work shall be approved in the manner elsewhere requitad for capitaltmprovements to the Common Elements. The balance of the awards fot the taking of Comrnon Elements, if any,shall be distributed to the Unit Owners tri the shares in which they own the Common Elements after adjustments tothese shares effecterl pursuant hereto by reason of the taking. If there is a mortgage on a Unit, the distribution shallbe paid jointly to the Unit Owner and the mo%aBees of the Unit.
14.7. Dis(Jion of Bo@rd. In cucuinstances not coveted by this Declaration or by law, a two-thirds(2/3) majority of the Board may, upon an opinion of counsel that its decision is xeuonable, deal with tbecondenmation iii such reasonable mamier as it determiries to be appropriate under the circumstances.
14.8. Arn@n4pnt of I%%3tion. Tbe changes in Units, m the Common Elements in the LimitedCornrnon Elemems and in the ownemhtp of the Common Elemen(s and share tn the Common Expenses and
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Rivet Ci{en Condominium22
Amndm wd Ratuad Dacbax?
,lf)(.,L
Book2273/Page472 CFN#2034114 Page 28 of 262
Common Surplus that are affected by the taking shall be evidenced by an amendment to Uais Declaration that is oti}yrcquired to be approved by and executed upon the &ecThoc of a nuijority of die Board.
}5. Occuparx;y and VIW Re4iqtions. In ordex to provide for congenial occupuicy of the CondomintumProperty and for the protection of the values of the Units, the use of the Condomjniiun Pmpeny sbau be restricted toand shall be in accordance w{th the following provisions:
15.1. [email protected]?imitinganyotherprovisioninthisDeclaration,eachpersonwithinany portion of the Common Elements accepti and assumes a}l risk and responsibility k noise, liabtl7ty, injury, ordamage connected with the use or ocaipancy of any portion of such Comrnon Elements includtng, withoutlimitation, (a) noise ftom maintenance equipment, (b) -use of pesticides, herbicides and fertilizers,- (c) viewrestrictions caused by mahiration of trees, shmbbery, or other buildmgs (d) reduction m privacy caused by theremoval or pmning of ahnibbery or mcs within the Condorniiurn, and (e) design of any portion of theCondominium Each person entering any portion of tbe Comnion Elements aIm expressly inderrmifies and agrees tohold harmless Developer, Association, and their employees, dtrectora, representatives, offIcers, agents, affimtes,attorneys and any pmtners of the foregoing, from miy and au damages, whether duect ot consequential, arising fromor relating to much person's use -of the Common Elements including, without limitation, attomeys' andparaprofessional fees and costs, pretrial and at all levels of proceedings, i6cluding appeals. Without umiting theforegoing, all persons using the Common Elements do so at *eu own risk. BY A(,CEPTANCE OF A DEED,EACH UNIT OWNER ACKNOWLEDGES THAT THE COA4MON ELEMENTS OR SURROTJNDING AREASMAY CONTAIN WILDLIFE SUCH AS ALLIOATORS, DOOS, RACCOONS, SNAKES, DUCKS, DEER,SWINE, TtJRKEYS, AND FO)a3S. DEVELOPER AND ASSOCIATION SHALL HAVE NO RESPONSTB?LITYFOR MONITORING SUCH WILDLIFE OR NOTIFYING [TNIT OWNERS OR OTHER PERSONS OF THEPRESENCE OF SUCH Wn.DLIFE. EACH UNIT OWNER AND HIS OR HER GUESTS AND INVITEES ARERESPONSIBLE FOR THEIR OWN SAFETY.
15.2. Awnings, Qlnopiqs qnd 5h?1@. No awning, canopy or dzutier, including hurricane or gtormshutters, shall be attached or affIxed to the exterior of a Unit unless 'such awning, canopy-or shuttey has beenapproved by the Board in writing. Association will specify the type and color of installation of accordion atylehurricane shuttexs. Hurricane shuttets approved by Board- may only be installed and remain in place during ahiuricane or hurricane watch or alert, and such shutters must be opened or removed by the tespecuve Unit Ownertereof withtn forty-eight (48) hours thereaffer, and ir not so opened or removed by a Unit Owner, sucb shutters maybe opened or removed by Association at the expense of such Unit Owna. Shut}ers ue not tequired as each Unit hasimpact resimtant glasa in accotdance w{th the current building co&c. The Board has the absolute diacretfon toapprove or diaappmve such awning, canopy or sbunet, providea, however, the Board must approve the installationor replacerrent or hurricane shutters conforratng to the hurricane shutter specifications adopted by the Board.
15.4. ?. Bicycles may not be stored tn the balconies, patios, or in any place that causes thebicycle to be visible from the exteior of the Building. Btcycles are not permitted m the lobby of the Condominium,ifany.
?5.5. Common El@m@Hp. The Common Elements and Limited Common Elenents shaN be used onlyfor the purposes of which they are intended in the fiirnishing or smices mid faciuties for the enjoyment of the UnitOvvners.
15.6. EffectonD@yqlqper;Associatton.TherestrictionsandlimitationsgetforthinthisSectionl5ahallnot apply to Developer or to Units owned by Developer unless the Rules or the Act u it currently exists requ#eotherwise. Association shall have the povier $ut nor the obltgation) to @ant relief in particular circutnstances fromthe provisions of specific restictions contained in this Section 15 for good cause shown.
15.7. Exterior Improvemqnq; L(in4scaping. Without umiting the othar provisions hexeof, no UnilOwner shall cause anything to be affIxed or attached to, hung, displayed ot placed on the extetior vtallR, doors, orwmdows of any Butrding (including, but not limited to, awnings, signs, gtorrn ghutters, furniture, fixtures, andequipment), nor plant or grow any type of shmbbery, rlovter, bcc, vine, gass or other plant life outside his Unit,without the prior written consent of The Boardi provided, however, a removable Uni{ed States of AmeTica flag andrem'ivable offIcial flags, not }arger than four and one-half (4 l/2) fcct by six (6) feet, that represent the United StatesArn'y, Navy, Air Fcrrce, Marine Corps, or CoaU Guard ma7 be displayed u permitted bya the Act: and furlherprovided, potted plants in reuonable- size and quantity and -typical patio flirniture in co{ors compatible with the5ondominium ana iii good condition, all u determtned by the Bomd in its sole disgetion, shall be permitted withoutthe prior written consent of the Board. Prior to placing or affixing satellite dishes or antennas within a Unit or on theLimited Common Elements of the Unit, Unit Owner shall comply widi any roles and regulations promulgated byAssociation with respect to such satellites or antennas and obtain Board's prior written appyoval. Due to diercmic6ons set forth in Section 15. 15.4 relattve to affixing satellite dishes or antennas, Association will in no wayconsent to satellite dishes or antennas being affixed in a way that penetrates the post tension concrete slab system.
15.8. QB?. Each Unit will have its own garage. No garage shall be converted mto a general livingarea unless specificauy approved by the Board. Garage doots shall remain closed at all times, except sivhenvehicular or pedes(rian access ts requued.
15.9. ?.Noimmoral,improper,offensiveorunlawfuluseshallbemadeoftheCondoniiniuniPmperty or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental bodies havingjurisdiction Thcreof shall be observed. The party responsible for tneetin'g the requirements of government?l bodie;
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pertaining to maintenance, yeplacernent, modification or repair of the Condominiiun Property shall be ffie same asthe party tesponsible for maintenance and repair or the propetty concerned.
15. 10. %?. No portion of a Unit (oher than an entue Unit) may be rented. All leases shall be onforms approved by Asmociation and ahall provide (or, if it does not provide, shall be automitically deemed toprovtde) that: (i) a material condition of the leue shall be the tenant's full compliance with the covenants, terms,conditions and rcsic!aons of 'diis Deelaration (aiid al{ Exhibits hereto) and with any and all Rules adopted by ffieAssoctation from time to ttme (before or after the execution or the lease), (ii) Association shall have the right totermtnate the lease upon default by the tenant in observing any of the provaions of this Declaration, the Articles andBy-Laws of Association, applicable Rules or other applicable provisions of any agreemenI docum?nt or instrumentgoverning the Condomintum or administered by Association, and (iti) Association shall have the right to collect allrental payments due to the Owner and apply the same against unpaid Assessrnents. Unit Owners are respongible forproviding to their tenants copies of all such aforementioned documents or iaihuments. Leasing of Untts shau alsobe subject to the prior written approval of Association, as more particularly explained in Section 16.2 hereof. NoUnit may be leased more than two (2) times per year. Each lease nnist be for a ? period of six (6) months.No subleasing or assigmnent of lease rights by the tenant is permitted. Association may also chasr@c a reasonable feeto offset the costs of a background check on tenant (in an amount not to exceed the amount permitted by the Act).As a condition to lhe approval by Association of a propoged lease of a Unil, Association has the authority to tequuethat a security deposit in an amount not to exceed the equivalent of one (1 ) month's rent (or such greatet amountpemiitted from time to time by (he Act) be deposi(ed inlo an account ma{ntained by Association as permitted by theAct. The secux!ty deposit shall protec( against damages to the Common Elements or Associatton Pmperty. Asecm'ty deposit held by Association under this Section 15.10 shall be governed by Chapter 83 of die FloridaStatutes, as it may be renumbered from time Io time. The Uni( Owner will be jointly mid several?y liable with thetenant to Association for any amount in excess of such sum which is required by Association to effect such repairsor to pay any claim for injury or damage to property caused by the negligence of the tenant. All leases shau alsocomply with and be subject to die provisions of Section 16 bexeof.
15.11. ?. No article of personal property shau be hung or shaken from the doors or windows of anyUnit. No Unit Owner shall sweep or dirow from his Unit any d3xt ox any other mterials. No garbage, trash, refuseor rubbish shall be deposited, dumped, or kept on any part af Ihe Common Elements except ciased contatnersdeposited in chutes or placed for pick-up in accordance with Rules promulgated by the Board.
15.12. ?. No nuisances shall be allowed upon the Condominiiim Property, nor any use orpractice which is the source of annoyance to residents or which inbetfetes with the peaceful pogsession and pyoperuse of the Condominium Propeay by residents. No use shall be made of any Unit or of the Common Elements orLimited Common Elements which wffl increase the rate of immance upon the Condominium Property.
15.13. ?.
15.l3.1. Assigned Parking Spaces are solely for non-commercial automobiles with a currentpassenger registration. No vehicle which cannot operale on its own pomr shall be pemiitted to remain on ffieCondominiiun Proper!y for more than forty-eight (48) hours. No Unit Owner may park any vehicle in guest parkingspaces.
15.13.2. No commexcial vehicles, campers, nxibile homes, motor homes, house tailers, m trailersof every other degcription, recreational vchicles, boats or boat trailers or vans shall be permiffed to be parked or tobe stored at any place on the Condominium Prope'ay; provided, however, the Board shall have the right to permitvans to be parked for specified periods or time in designated service parking areag. The term commercffil vehicleshall not be deemed to include recreaboml or utuity vehicles (i.e. Broncos?', Blazers', Explorers", etc.) nolonzer than 19' or clean "non-working" vehicles such as p{ck-up tnicks and vm not in excess of 3/4 ton or cars, ifthey are used by the Unit Owner on a daily basis for nomial bmhsportation. The term commercial vehicle shall alsonot be deemed to include law crdoxcement vehicles. Notwi(bstanding any other provigion in this Declaration to thecontrary, the foregoing provisions shau not apply to construction or maintenance vehicles in ronnertion with theconstniction, impmvemenl installation, ov repaiz by Developer of any part of die Condozninium Propaty. Thisprohibition of parking shall not apply to temporary parking of trucks and commercial vehicles, such as for pick-up,delivery and othet temporary commercial services, nor to any of Developer's vehicles.
15.13.3. No vehicle maintenance or repairs shall be performed on the Condominium Property,except ror cmcrgcncy repairs.
15.14. ?. No animals of any kind shall be raised, bred or kept within the Condorninium Property forcommercial purposes. Unit Owners may keep domestic pets u permmed by the County nndlor o*er governmentalagencies up to a limit of two (2) domestic cats, dogs, or combination lhereor wi}h a combhied weight of not morethan ninety (90) pounds and otherwise in accordancc with the Rules established by the Board from time to time.Other domesticated pets may be kept in reasonable numbers; hosvever, die total quantity of pe(s in a Unit may notexceed the quantity permitted by the County aridlor other govenimental agencies. Dogs or an aggressive andlotvicious mture inc?uding, but not limited to, those commonly rcrcmd to a8 "pit buils" mu8t be registered w'th andmeet all requirements of the County and all other applicable governmentar agencies. Assoc{ation may prohibitcertai breeds of dogs tha( the Boatd considers dangerous in its sole discretion. Notwithstanding the foregoiffig, petsmay be kept or harbored in a Unit only so long as such pets or animals do not causc or are the somce of annoyance,nuisance or disturbance to any other Owier or occupan(. A determination by the Board diat an animal or pet kept orharbored in a Unit is a nuisance shall be conclusive and binding on all parties. No pet shall be pemiit}ed outside aUnit unless such pet is kept on a leash of no longer than six (6) feet No pet or animl shall be "tied out" on theexterior of the Unit ot in the Common Elements, or left unattended on a balcony, courtyar4 porch, or patio. Nowildlife, poultry or livestock shall be raised, bred or kept on the Condominium Property. The ability to have and
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keep an animal or pet is a privilege, not a right, and the Board is emp0vierea to order and enforce the remoVal of anyanimal or pet which becomcs a so'usce of annoyance to other residents of the Condorriinium or in any way causesany damage to the property. When notice of removal of any pet is given by the Board, the pet shau be removedwithin foxty-cight (48) hours of die giving of the notice. All pets shall defecate on{y in the "pet walking" areagwithin the Condominium designated ror such pmyssc, if any. The person walking the pet or the Unit Owner shauclean up all matter mated by the pet. Each Unit Owner shall be responsible for die activfties of its pet. The petrestrictions provided for herein apply to pets visiting a Unit and pets permanently housed in a Unit. Notmthstandinganything to the contrary, seeing eye'dogs shall not be governed by the restrictiomi contained in this Section. Neitherthe Board nor Association shall be liable rox any personal injury, death or p'mpeay damage resulting from aviolation of the foregoing, and any occupant of a Unt( committing -such a violation shffill fiilly 'mdemnify-and holdharmless the Board, the Developer, each Unit Owner and Association. Any landscaping damage or other damage tothe Comrnon Elements caused by a Unit Owner's pert sha?l be prompdy repaired by the Unit Owner. Associationretains the right to cffect such repairs and charge the Uait Oiimer therefor.
15.15. %sl 7@(4ton Concrete Slab System The Condorninium may be constructed using a post tensionconctete s}ab symem. Noihing can be allowed to penetrate the slabs of the Building without the permission of theBoard, sivhich may be withheld for any reason.
15.l5.l. This meang that dzete can be no penetration into the top or underside of a slab. By way ofexample, the Units are not designed to allow the installation of a ceiling fan, sofflts or lighting in die ceiling unlessthe same are part of the origffil constmction. No penetration into the smface is permitted in stuctural walls,columns and floors. Each Unit Owner indemnifies and holds harmless Association and every other Unit Ownetfrom any and all damages, liabilities and costs including, withou( limibition, attomeys' and parapmfessional feesand costs, pretial and at all levels of proceedings, including appeals, resulting from such Unit Owner's impropapenetr?tion of any slab within the Condominiuni.
15.l5.2. Trellis work and lattice work ue not permitted if penetration that will in any way affecttbe post tension conmte slab system is required.
15.l5.3. The installation of hurricane shutters may be restricted. There may be restrictions as tothe types of instaLlation pemiitted and the method of fastening die hurricane shutters to the Butrding.
15.15.4. Sate}lite dishas and antemias shall not be affixed in a way that penetrates the post tensionconcrete slab system.
15.16. Rglq@ @nd Regulations. Reasonable Ruleg concerning the use of the Condorniniurn Pmperty rruiybe made and amended from time to time by a majority vote of the Board. Copies of such Rules and amendmentsthereto shall bc furnished by Association to -all Unrt Owners and residents of t)ne Condominium upon requcst.
15.17. F2?. No siHns, advertisement, notice, lettering or descriptive design of any kind shall bedisplayed or placed upon any part of the Condominium Property excepl in a place, sty{e and manner approved by theBoard in its sole disaetion.
15. 18. ?. Each Unit shall be med as a residence only, except u othermse hercin expressly provided,and no commercial occupation or acuvity may be carried on ba any Unit except as such occupation or acuvity ispermitted to be carried on by Developex under thia Declaration. Notwithitand% the forego%,- a Unit may containa home office so long u no businesa invitees visit the Unit and the home business activities do not pose a nuisanceto other Unit Owners and residents. A Unit ovmed by an individual, corporation, parhiership, tmst or other fiduciaryMY only be occupied by the fouowing penom, in addition to such persons ' famitieg: (i) the individual Unit Owner,(ii)- an officer, d!rector. stoc)cbolder-or employee of such corporation, (iti) a partner of or etnployee of suchpartnership, (iv) the fiduciary or beneficiuy- of'such trust or oter fiduciary, or (v) pemiitted occupants under an:ipproved !ease or sublease or the Unit (as described below), as the case may be. Occupants of an approved Ieased orsubleased Unit must be the fouowing persons, in addition to guch person's familtes: (i) an indi'vidual }essee orsublessee, (ii) an ofncer, director, stockholder ot employee of a corporate lessee ot subleasee, (iii) a par!mer oremployee of ,a parbiership lessee or sublessee, or (iv) -a fiduciary or b-eneficiary or a fiduciary lessee or ;iublessee.Under no circumstances may more than one family rcside in a Unit at one time. "?" or words of similarimport used herein shall be deemed to include spouse, parents, parents-in-law, brothers, sisters, children,grandchildren, umnarried couples and housekeepers. In no event s?uill occupancy (except for lemltaxy occupancyby visiting guests) cxceed two (2) persons per bedroom. The Board shall have the poviet to authoffi occupancy ofa Unit by iersons in addition to'those set forth above.
15.19. Utility Al4dition. No additional utility fixture or improvement including, without umitation, anyvtater, gewage, electrical, air conditioning or heating syatem, line, duct, condutt, pipe, or wire stroll be added toservice any Unit without the prior wr{tten consent thereto by the Board.
15.20. Watq( Intrusion. Florida experiences heavy rainfall and humidity on a regular burs. Each UnttOwnet is responsible for ?g sure his or her Unit remains siiater tight including, without limitation, checkingcaulking uouod windows and seals on doors. Each Unit Owner acjmowledgeg that nimiing air conditioningmachinery widi windows and/or doors open in humtd conditions can result in condensation, mold amdlor viaterintrusion. Neither Developer nor Assoctation shall have liability under such circumstances for any damage or lossthat a Unit Owner may incur.
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Arrendad mnd Reglaled Dadan}ion
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15.21. WeightandSoundRestrictions.
15 .21.l. Unless installed by Developer or otherwise first approved by the Board and meeting thesound insulation iipecifications set fordi herein (as (he same may be modified by the Developer or the Board fromtime to time), the installation of any hard and/or heavy surface floor cover{ngs, such u tile, marble, wood, and thelike, muat be submitted to and approved by the Boaed and also meet the fouowmg specificationm: (i) the aggregatesound isolation mid acoustical treahnent shall carry a minimum Sound Transrnisgion Clusification (STC) of 50 andImpact Insulation Classification (IIC) of 50 am (ii) the installation of the forey4otng ingulation mterials shall beperformed in a manner diat provides propet mechanical isolation of the flooring materials from any rigid pan of thebuilding structure, whether or die concrete subfloor (vertical trananiission) or adjacent walh and fittings (horizontaltraniirnission).
15.21.2. Abo, tbe installation of any improvement or heavy ob3ect must be aibmit}ed to andapproved by the Board, and be compatible with the overall structural design or die Building.
15.21.3. The mtallation of a waterbed must be submitted and approved by the Board. The Boardhas the absolute right to deny the iristallation of the waterbed due to the weight restrictions affectinH theCondominium. If the installation of a waterbed is approved by the Boayd, the Board may requ#e Unit Owne tocarry flotatton msurance as is standard in the mdustry in an amount deemed reasonable- to protect Unit Owner,Association and oLJxer Unit Ometg against personal injury and property damage to the Unit and the rest of theCondominium
15.21.4. The Board nuiy requrre a structural engineer to review ceriam of the proposedimprovements, w'th such review to be at the UnFt Owner's sole expenge. To the extent modifications ue permitted,!r any, the Board shall have tbe right to specify the exact material to be used on balconies and patios. No artificialturf, or other material using glue-on adhesive, shall be installed on any balcony, patio and/or courtyard. Any useguidelines set ford'i by Association shall be consistent with good design practices for the vtaberproofing and overallstructural design of the Building. Unit Owners will be held strictly liable for violations of these restrictions and forau damages resulting therefrom and Association hag the right to require tmmediate removal of v{olations.Applicable wasrmfies of Developer, if miy, shall be voided by violations 'of these rcsbacfiom and requtrements orwritten recommendations of Developer, if any.
15.21.5. Each Unit Owner, by acceptance of a deed or other conveyance of their Unit, herebyacknowledges and agrees that goinid tansmission in a building such u the Condominium is very difficult to contro!,and that noiseg hm adjoining or nearby Uni(s and or mechanical equipment can often be heard in another Unit. Byway of example, cerUiin fans in the Condornmum may nin continuously, causing noise uid vibmtion. Noise fromstainvelLi, and elevator operation, if any, is normal for (h{s type of builang. Fluxhing toilets, genetators, high heelswalking on tilea or marble, alarms, pumps and intermittent fans au make noise and vibrations which will benoticeable to some Unit Owners. These sounds are normal, and to be expected. Volumes and pitches may vary, andare not guaranteed. Developer does not make any represcritabon or vtarranty as to the level of sound tansmissionbetween and among Units and odier portions of the Condominium Property, and each Unit Owncr hcreby wai'vesand expressly re{eases Developer from ariy such warranty and claim for Ioss or datnages resulting from soundVansmssion.
15.22. Wetlands and Mitigation Axeas. It is anticipated t)uit the Cornmon E?ements may include one ormore preserves, upland conservation meas, wetlands, and/or mitigation areas. No Owner or other person shau takeany action or enter onto such areas so u (o adversely afrect the ume. Such areas uc (o be- maintained andmonitored perpetua?ly by Association in their natural state.
16. Selling, Leasing and Mortgaging of Units. sr otdet to maintain complementary uses, congenial neighborsand to protect the value of Units, the transfer of (itle to or possession of Units by any Unit Owner shall be subject tothe fouowing provisions so long as Association extsts, which provisions each Unit Owner covenants to observe:
16.1- TpmtsS#rUtoApprom-
16.1.1. F3?. No Unit Owner may dispose of a Unit or any interest therein by sale withoutapproval of Association.
16.1.2. ?. No Unit Owner may transfer pouession or otherwise dispose of a Unit or anyinteregt }hetein by lease for any pexiod without approm! of Association, except as provided in Section 16.5 hereof.
16. l..3. ?. tr an)I Unit Owner proposes to transfer a Unit by gift, the proposed transfer shall beaubject to the approval of Association.
16. 1.4. 0}her Transfi)rs. If any Unit Owner proposes (o 'mmsrer his or her title, or any interestthcrein in any manner not heretofore considered in the forego'mH suisections, the proposed transfer'shau be subjectto the approval of Association.
16.2. 4pprqvalltyAssociation.ToobtainapprovalorAssociationwhichisrequiredforthetransfetofUnits, each Unit Owner a)uill comply with the following requirements:
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16.2.l. Nq€iq*toA**qgiation-
16.2.1.l. ?.AUnitOwnerintendingtomakeabonafidesaleofhisorherUnit,orany interest *erein, shall give to Association a transfer fee (in an amount dekmmea by the Board and pemiitted bythe Act) and notice pursuant to a rom approved by Agsociation of such intentions, together with the name andaddress of the intended purchuer and such other Wormation concerning the intended purchaser as Association myreasonably require. Such notice, a( the Unit Owncr's option, may include a demand by the Unit Owner thatAssociation furnish a new pmchaser if the proposed purchasa is not approved; and if such demnd is made, thenofice shall be acco?anied by an executed copy of the proposed contract-for sale.
16.2. l.2.l?@BB. A Unit Owncr mtending to make a bona fide }ease of his or her Unit orany interest therein ghall give to Association a transfer fee (in an amount determined by the Board and permitted bythe Act) and notice pursuant to a fomi appxoved by Association of such intention, togedier with the name andaddress'of the intended lessee, such odaet information concernjng (he intended lessee as Association may reuonablyrequire, and an executed copy or the proposed lease, which leue shall provide that it is subject to approval byAssociation.
16.2.1.3. Gift; Qt%r Ttam%rq. A Unit Owner who proposes to bm'isrer his or her titleby gift or in any other manner not heretofore considered, shall give to Association a bansfet fec (m an amountdetermined by the Board and permitted by the Act) and notice pursuant to a form approved by Association of theproposed transfer of his or he; title, together with such infomiation concerning the trangferee u Association mayreasonably require, and a copy of all instruments to be used tn transferring title.
16.2.l.4. p@jlH@ l0 Qy %ti(:e. If the notice to Aasociation herein required is notgiven, tben at any time afkr receiving knowledge or a transaction or event bansfcrany, ownership or possession of aUnil Association at its election am without notice may approve or disapprove the transaction or ownership. IfAssoctation disapproves the tramaction or ownemhip, Association shall proceed as if it had xeceived the requirednotice on the date or such disapproval.
16.2.l.5. Effect and M@nnqr qf %UH. The giving of notice shau constitute arepresentation and warranty by the offeror to Association and any purchuer or lessee produced by the Board, astiere'mnftcr provided, that the offering is a bona fide offer in all respects. The notice shall be @ven by cenified mail,renlnl receipt requested, or delivered b} professional co'iuier or b7 hand delSVefij to A!}sociatiofl whicb shall giVe areceipt !azetefox.
16.2.2. Cqrtificateof%p(pvql.
16.2.2.1. ?.ltatheproposedtransactionisaaale,then,withinthirty(30)daysafterreceipt of such notice and information+ Associatiori must ei(her approVe or disapprove the propoged transaction. Ifapproved, the approval shall be stated in a certifica(e executad by the proper officerg of Associatiori in recordableform and shall be delivered to the purchaser and shall be recorded 'i the Public Recorda of County,
16.2,2.2. ?. If the proposed transaction is a lease then, within fifteen (15) daysafter receipt of such notice and Wormation, Association must either approve or disapprove die proposed transaction.If approved, the approval shall be stated in a certificate executed by the pyoper ofncers or Association in recordablefomi and mhall be deliveted to the lesgee.
16.2.2.3. I%yjye qr Inherttance. Any person who has obtained a Uni( by devige orinheritance (except for the spouse, parents or childreri of the inmiediately prevtous Owner of such Unit) shall @ve toAssociation notice thereof together with such information concerning die person(s) obta?g such Untt as may bereasonab)y required by the Boud and a catified copy or the instrument by which such Unil was obtained. If suchnohce is not given to Association, dien at any time Qftet receiving knowledge thereof, the Board sha?l proceed inaccordmsce with Section 16.2 u if it had been given such notice on the date of receipt of such knowledge. Within? (30) days aftet receipt of such notice and Wormation, Association must eithet approve ot disapproiie theproposed transfer. If approved, the approval shall be stated in a certificate executed by the ptaper offIcers ofAssociation in recordable form and shalj del{ver die same to the person receiving title by devise or-inheritance.
16.2.2.4. qj0; Other Tmnsfers. If the Unit Owner givtng notice pmpases to tansfethis or her tide by gift or in any other manner, then, within thirty (30) days after receipt -of such notice andinformation, Association must either approve or disapprove (he proposed transrer or title to 'the Unit. If approved,the approval sha}] be upon such terms and conditions-as Association may reasonably requue, and die approval shallbe stated in a cerbficare executed by the proper offlccrs of Association in recordable form and shall be delivered to}he Unit Owner and shall be recorded in the Pub{ic Records of County.
16.2.3. %pr(+v@l g{ Owner ot%r l@q @T! lildividual. Imsmuch as the Condominium may beused only for restdential purposes, and a corporation, tnist or oeher en% camot occupy a Unit for such use, ir theUnit Ovimer or purchaser of a Unit is a corporation, tust or other enuty, the apiroval of ownership by thecorporation, tust or odser entity shall be conditioned upon the primary occupant, with respect to Uniti? other thanCommetci&l Units, or uae beneficial owners of the enmy, with tespect-to an} CommerciaJ iinits, of the Unit beingapproved by Association. Any change in such primmy occupant or beneficial owners of the Unit shall be deemed achange of ownemhip subject to Association approval pursuant to this Section.
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Aminded amJ Raslaled Declmtion
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16.3. Disa@roval by Assoctatian. Altbough a Unit Owner complies with the foregoing requirements,Associa(ion may disapirove of the bansfcr. Sr Association disapproves a transfe or ownership of a Unit, the mattershall be disposed of m the following manner:
16.3.l. ?. If (he proposed transaction is a sale and if the notice of gale given by the UnitOwncr shall so demand, then, withtn thii -(30) days after receipt of sucb notice and information, Association shalldeliver by professional com!eT, hand-delivery, rnail'or cenified mail, to the Unit Owner an aygteement to p'uxchase byAssociation, or a purchaser approved by Association who wi?l purchase and to whom the Unit Owner must sell theUnit, upon the following terms:
16.3.1.1. Thepricetobepaidbythepurchaser,tobeidentifiedmtheagreement,shal?be that stated in the disapproved cotdxact to sell.
16.3.1.3. Thesaleshallbeclosedwithmninety(90)daysafterthedeliveryormailingof the agreement to purchase and ahall be upon termg no less favomble dian the temis of the diaapproved contract
16.3.1.4. ff Association fails to provide a purchaser upon the denuind of the Uni(Owner in the manner provided, or if a purchaser furnished by Association shall default in his or ber agreement topmchase, die proposed transaction shall-be deemed to have be'en approved and Association shall fiunish a ccrThcateof approval as elsewhere provided.
16.3.2.],?. If the proposed transaction is a Iease, and if the notice of lease given by the UnitOwner shall so demand, ffien, within fiftffien (15) days eflrr rerript or such notice and information, Association shalldeliver by professional cour'et, hand-delivery or mail by certified mail, to the Unit Owne an agreement to }ease byAssociation, or a lessee approved by Association who will lease and to whom the Unit Owner must Iease the Unit,upon the following terms:
16.3.2.l. Therentaltobepaidbythelessee,tobeidentifiedintheagreemeniishallbethat stated in the disapproved lease.
16.3.2.2. Theleaseterm,andtheotherconditionsandtermsofthelease,shallbethosestated in the disapproved lease.
16.3.2.3. U Association fails to provide a lessee upon demand of the Unit Owier inthe manner provided, or if a lessee fiunished by Association shall default in his agreement to lease, the proposedtransaction mau be deemed to have been approved and Association shall flirnish a cerffficate of approval uelsewhere provided.
?6.3.3. Transfqr $y Qifl, p@yi@@ or Inheritance. In tbe event the Board dtsapproves of suchtrubfer of title by gifk, devise-or inberitance, the ?oard shall advise in writing within such thirty (30) day period, theperson who has 'o6tained arch tide of a puxchaser or purchaser approved by the Board to purchase the respectivejJnit at its fair market mlue. The fiiir market value or the Unit-will be determined by any one of the fouowingmethods determined by the Board: (i) by three (3) M.A.I. appraisers, one or whom sha?l be selected by the proposedpuzhaser, one by the person holding title, and one by the mo (2) appraisers so selected; or (ii) by mutual agreementby the purchuer and-the person holding title. All costs for such appraisal ahall be paid by the purchaser. Thepuxchas4 price shall be paid by federal wire or cashier's check and the sale closed witmn thirty (30) days afker dieaetemiination of the purchase ;price. Simultaneously upon no(ification to the person holding tit!e that the Board hasa purchaser fot the tespectivc Unit, the person holding mtle and such pmchascx shall execute a contract providing forttie acquisition of aicr Unit in accordance with the terrm of this Declaratfon. In the event the purchamer fiirnishedby Association shall default in his or her obligation to purchase such Unit, then (he Board shall be required toapprove the passage of title }o the person then holding title thereof and shall issue and deliver a cetiificate ofapproval therefot.
16.3.4. Qt%r Tran4(@y@. ff the Unit Owner giving notice proposes to bansfer his or her title bygift or in any other mmier, then, within thirty (30) days after receipt from (he Unit Owner of the notice andffiformation required to be ?hed, Asriociation shall delivet by professional courier, hand delivery or mail or bycertified mail, to the Unit Owner written notice of the terms and conditions upon whtch the transfer must be made,including, without limttation, the requirements of Association regarding occupancy of the Unit arid by whom thevotes in Association affatrs may be cast.
16.4. %?. No Unff Owner may mirtgage his or her Unit nor any interest therein wtthout theapproval of Association exccpt to an Institutional First Mortgagee as defined herein. The approval of any o*crrnortgagee will not be unreuonably withheld, but approval may be mubject to certain conditions imposed byAssociation.
16.5. ?.TheforegoingprovisionsofthisSectionshallnotapplytoatransferorpurchasebyan Institutional Fmt Morlgagee or other approved mortgagee which acquires its title as the result of own{ng amongage upon the Untt concerned, and this-shall be so whether the title is-acquired by deed from the m+rtgagor orits succ;ssor # title or through foreclosure pxoceerlings; nor shall mzh prov{s{ons apply to a mnsfer, sale or lcuc byan Instimtional Mongagee or o*cr approved mortgagee which so acquires its title. Neikr shall such provisionsrequ#e the approval of a purchaser who acquires the title to a Unit at a duly advertised public sale with open biddingwhich is provided by law, guch as but not limited to, an execution sale, forec}osure gale, judicial sale or mx sale.
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With the exception of the approval requirements applicable ror leasing a Uni}, the provisions of this Section 16 shallnot apply to Developer.
16.6. l%uthp?d a?gq0q(H. Any sale, transfer mor}gage or lease which is not authorized pursuantto the terms of this Declaration mhall be void unles-s subsequently approved by Association.
17. Notice of Lien or Suit.
17.1. Notice of Lien. A Unit Owner shall give notice to Assoc4ation or every hen upon his Unit o*exthan for permitted nxirtgages, taxes and specia} assessments wi? five (5) days after die attaching of the hen.
17.2. %t%:@ qf %it A Unit Owner shau give notice to Association of every suit or other proceedingwhich ma} affect the title to tug or her Unit; 8uch notice i8 to be giVen within ftve (5) da}s after the [init Ownerreceives knowledge thereof.
17.3. Failure to Comply. Failuxe to comply with this Sechon wiu not affect the validity of any judicialsale.
18. C(ir@ljgpg<i @?d pq@yll. Each Unit Owner and every occupmit of a Unit and Association shall begoverned by and shall comply with the tenns of this Declaration, all-Exhibits attached hereto, and the Rules.Association- (and Unit Owners, ir appropria(e) shall be entided to the following relief in addition to the remediesprovided by the Act:
18.1. ?. A Unit Owner shall be liable for the expense of any maintenance, repair orreplacement made necessuy by the Unit Owner's negligence or by tbat of any merrher of his or her family or theirguests, employees, agents or lessees, but only to the extent su*-expense is not met by the proceeds of insuranceachlau7 collected widl reQect to guch negligence by Association.
18.2. ?.IntheeventaUnitOwneroroccupantfailstomaintainaUnitorfailstocausesuchUnit to be rriaintained, or fails to observe and peforni all of the provisions of this Dec?gation, the Mc}es, the By-Laws, applicable Ruleg or any other agreement, doaiment or instrument affecting the Condominiurn Property oradministered by Association, in the mamer required, Asgociation shau have the right to proceed in a court of equityto yequire perfomiancc andJor compliance, to impose any applicable fines, to the extent permmed by, and inaccoraance- with, the Act, and to s'ue in a courl -of law -for-damages. sr addition, Aasociation shall'have theirrevocable right of access to each Unit during reuonable how when necessary for the maintenance, repat, orrep}acement of any Common Elements or for making emerge'ncy repairs which are necessary to prevent damage tothe Common Elements or Limited Common Elernents or to another Unit or Units.
18.3. Costs and Atlonieys' Feeg. In any proceeding arising because of an alleged failure of a UnitOwner? or Association to comply with the re?quirements-of the Acfi th4s .Declaratio?n, ;e Exhibits attached .hereto orthe Rules, the prevailing party iihall be entitled to recover the costs of the proceedinH including, without ltmitation,reasonable attorneys' and paraprofessional faes and costs, pretrial and at all'levels of proceedmzs, including appeals,as may be awarded by the court.
18.4. No Wqiver of Rjghts. The railuxe of Association or any Unii Oyer to enforce any covenant,temiction OT other provisjons of the Act, this Declaration and the Exhibits ghall not comtimte a waiver of their rightto do so theredter.
18.5. Merger of Condoniinium andlor Agsociation. When the Board intends to merge dieCondominttuNl or merge Association, the Board shall so notify the Division befoze taking any action to me;ge theCondominium or Association. The Condominium may be meried with one or more condominiums to form a singlecondominiurn upon (i) the approval of such Voting Interests of each condomininm a'q % reqnired by each declarationfor modifying the appurtenances to the Units or changing the proportion ot percentages by which the oviiners of theCondominium Pucds sbme the Common Expenses and owri the Common Surplus, and (iii) tha recording of new oramended Articles of hicorporation, Declaration(s) or Condominium andjot By-iaws.
19. Termination of (,gnd(imini? @;@<$% pj@@olv€i<ID Ol 4ssHiation. The Condominium shau continue until(i) terminated by casualty loss, -comlemnation ot eminent domain, as more particularly @ovided 'm lhis Declaration,(ti) termination-of the Condominium pursuant to Section 718.117(2) of the Florida -Siahites, Or (iii) such time aswithdrawal of the Condomtnium hoperty from the provisions of the Act is authorized by a plan of ttrmination&ppr@Ved b)I a Vote of OwneTh owning at leagt eight} petcerit (80%) of the applicable interests in the CornnnOnElements (after twenty percent (20%) of the Uni'Ui have been sold to Unit Owners other than Desielopex, Developezwul not vote the Units owned by it for guch approval of the plan of (erniination unless the Owners of at least eightypercent (80%) of all other applicable interests in the Common Elernents so approve die plan of termination, at whichtime Developer may ctioosc to vote e!dser in favor of or against the plan of termiriation, as if sees fit), subject to therights of Unii Omm to reject the plan of (emiination purauant to the Act. In the event the Condotninium isterminated, and any portion of die Surface Water Management System is part of the Common Elements, the SiaceWatet Management -System shall be conveyed to an appropriate aBency-of local government and, if not accepted,then the Surface Waler Managernent System sha?l be dedicated to a similar non-profit corporation.
20. Additional Rights qf ln4(i(Jjgn@l F#st Mortgagees. In addition to all other rights herein set rortb,Institutional First Mortgagees shall have the righ(, after providing adequa(e pxoof of their status and upon wri(tenrequest to A8sociation, to:
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20.1. BooksandRecords.ExamineAssociation'sbooksandrecordsandrequirecopiesoftheamma?reporb and other financial data;
20.2. %?. Receive notice of Association's meetings and attend arch meetings;
20.3. Notice of Default. Receive notice of an aueged default by any Unit Owner, for whom suchInstihitional First Mortgagee holds a mortgage, which is not ?d within stxty (60) days of notice of default to suchUnit Owner;
20.4. Notice of Casualty or Condermiation. Fleceive notice of any substantial damage or loss arisingfrom a casualty or a condemnation to any portion of the Condominium Propeny;
20.5. Notice of jlrr@rl?eHl@ 4f%ling %undaries, Comnxin Elements, or Condominium. Receivenotice of any amendment to this Declaration affecting Unit boundaries or changes in Comrnon Elements orterminating the Condominium; and
20.6. Noticq of Lapse, (;4nq@11@(iqn gr Modi%ation to Insurance Policy. Receive notice of the lapse,cancellation or other matetial modification of any insurance policy maintained by Asgociation.
21. Covenant Running With The Land. All provisions of this Declaration, the Articles, By-Laws andapplicable Rules shall, to the extent applicable and unless o!herwise expressly herein or therein proWded to theconfary, be perpetual and be constued to be covenants runntng with the land and with every part thereof andinterest therein, and all of the provisions hereof and shereof shall ba binding upon and ? to die benefit ofDeveloper and subsequent owner(s) of the Land OT any part thereof, or interest therein, and their respective heirs,personal representatives, successors and assigns, but the same are not intended to create nor shall they-be congmedas creating any rights in oz for the benefit of die general public. All present and fiiture Unit Owners, tenants andoccupants of Units, shall be subject to and shall comply with the provisions of this Declaration and such Arbdes,By-Laws and tbe Rules, u they may be amended from time to time. The accept?nce of a deed or conveymice or theentering into of a lease, or the entertng mto occiipancy of any Unit, shall constitute an adoption and ratification ofthe provisions of this Declaration and the Articles, By-Laws and the Rules by such Unit Owner, tenant or occupant.
22. Devq)opqr') and A?i@%n'g A(iditiqnal Rights.
22.1. %@r3@(ipg Il@m4. Developer, its agents, affIliates, or assigns, and any other person or entitydesignated by Developer, shall have the righ( }o marke( Units in advertisemen(s and 'odier media by makinireference to the Condorninium, including, but not limited to, pictures or drawings of the Buildings and the CommonElements. All logos, tademarks, and designs used in comiection with the-Condominium are the property ofDeveloper, and Association shall have no right to use the same after the Tuniover Date except with -the-expresswritten permission of Developer.
22.2. pevqloper's L,ipijted Right of Entry. Developer shall have the perpetual right to access and enberthe Comtnon Elements and Limited Comrnon Elements at any-time, even after th-e T'urnover-Date, for the purposesof iruipection and temng of the Coimnon Elements in connection with warranty cla? under Section 718.203 of theFlorida Statutes or othermse. Asaociation and each Unit Owner ghau give Developer unfettered access, ingress adegtess to the Common Elements and Limited Comrnon Elemenbi so that Developer andlor its agents can pcrfom alltests and inspections deemed necessary by Developer in connection with warranty claims under Section-718.203 ofthe Florida Statutes or odserwise. Developer shall have (he right to make all -repairs and replacements deemednecessary by Developer in connection with warranty claims undcr Section 718.-203 of the -Florida Statu}es motherwise. At no time shall Association and/or any Unit Owrier prevent, prohibit and/or mtedere with any testing,repaix or replacement deemed necessary by Developer relative to any portion of the Common Elements inconnection with warranty claims under Section 718.203 of the Florida Statutes or otherw'se.
22.3. Telecommuniqatiqn4 !>?qe).
22.3.1. Righi tQ Coptract rot Serviq(i4. Association shall have the righl butno( the obligation, (o enter into one or more contracts for the provision of one or more Telecommunications Servicefor the Condominium. Ptiot to the Turnover Date- of the Condominium, all comxacts between aTelecommunications Provider and Association shall be subject to the prior written approval of Developer.
22.3.2. ?. Developer (i) reserves iuito itself and its nominees, successors, assigns,affIliates, and licemces, and (ii) grants to each Telecommunications Pmvider that has entered into art agreementwith Association Tespechny, Te)ecommunications Services and/or Telecommunications Systems a perpetual right,privilege, easement and right-of-way across, over, undet and upon the Condominium Pro;perty ror meainstallation,construction and maintenance of Telecommunications Systems toge(her with a perpetual-right, privilege andeasement of ingress and egress, acccss, over and upon the Condominium Property for installing,-constnicting,inspecting, maintaining, altering, movmg, improvmg and replacing facilities and-equtpment constihittng suchTelecornrnunications Systerns. If, and to- the -extent, Telecomnmnications Servi'ces provided by such
Pmviders me to serve all of the Condominium Property, then the amounts payable -to michProviders mder *eir written agreements with Association shall be part of -the Conmion
Expenses of Association and shall be assessed as a part of the Assessments. Notwithstanding the foregoing, fromand after Turnover, such easements shall be cancelabje by Association in accordlance with the terms of th; Acr.'
22.3.3. ?. Upon the completion of any installation, uppde, maintenance, repair, orremoval of tbe Telecommunications Systems or any pmt *ereof, each Telecommunications Provider shall restore
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the relevant portion of the Cornmon Elements and/or any Unit lo as good a condition as that which existed prior tosuch instal)ation, maintenance, repair or removal. Failure by Telecommunications Provider to commence suchrestoration within twenty (20) days ahet receiving wrmen notice from Association of such failure or theTelecomrnunications Provider's fai?ure to complete such restoration mthin 'nincq (90) days of commencement shallvest in Association the right (but not (he obligation) to restore or cause to be restored mich portion or the CommonElements and/or any Unit disturbed by such work, all at such Telecomnmnications Provider's sole cost and expense,except for in emergency situationg whereby Auociation may restoxe or cause to be restored such disturbed ponionof the Common Elements andlot any Unit immediately. In the everit that Association exercisem the right ofself-help, each Telecomrnunicat{ons Provider agrees in advance that Asmciation shall have the sole right to (i)-selectthe contractors to peform iuch work and ({i) determine the extent of re%reA restomtion. This remedy of self-helpis in addition to au other remedies of Association hereunder. All reasonable expenses incnrred by Association inconnection with such restoration shall be paid by Telecoinrminicationm Provider within twenty (20) days ofcompletion of restoyation and delivery to Telecommunications Providet of Association's invoice d*erefor. Anyexpemes not so paid when due shall bear interest from the due date at the legser of (i) the publicly announced primerote (or similax successor reference rate) of Wachovia Bank N.A. on the date of such invoice, or (ii) the rriax:mumrote of interest dowed by the law of the Stav of Florida for such obligations, or as provided in an agreementbetween Association and a Telecommunications Prov!der.
22.3.4. Developer's Rights. Each Unit Owner iniderstands that the expense of anyTelecommunicatioris Service may not be charged on a bulk basis, but may be charged at die rate equal to any ratcpaid by individual owners that are not subject to a homeowners association or condominium association in MartinCounty, Florida. Each Unit Owner acknowledgea that Developer tnay receive lump sum or monthly compensationfrom any Te{ecotnmurfflcaliom Provtder in connection with the supply of Telecommunications Services. Suchcompensation may be paid on a per Unit or other basis. All such-compensatton shall be the sole property ofDevelopa, who ghall have no duty to account for or disclose the amoun( of such compensation.
22.4. %nitqying !>ystem.
22.4.l. Right to Install. Association shall have the right, but not the obligation, to contact forthe installation of a Monitoring System for each Unit within the Condominiiun and ror the Condominium Prior totbe Tuniover Daie, all contmcts for Monitoring Systems shall be mibject to the prior written approval of Developer.Jn the event the Monitoring System is installed by a party o{het than Developer, each Unit Owner acknowledges ;hatDeveloper may teceive lump sum or monthly coiensation from such-pmty in connection 'mth the costs ofopemting and mainta?g the Monitoring System. Such compemation my be paid on a per Unit or other basis.All such compensation shall be the sole property of Developer. Developer or ;ts nominees, successors, assigns,affiliates, and licensees may install such a Monitoring System. Developer resertes the right, at any time and in itssole discretion, to dtscontmue or temiinate any Monitoring System prior to the Tuniover Date. sr addition, all UnitOwners speci'fically acknowledge that the Condominium tnay, but is not obligated (oi have a perimeter acceascontrol system, such as fences, walls, hedges, or the ltke on cerrain perimeter ateas. ASSOC?ATION ANDDEVELOPER SHALL NOT BE HELD LIABLE FOR ANY LOSS OR-DAMAGE BY REASON OF FAlLtJRETO PROVn)E ADEQUATE ACCESS CONTROL OR INEFFECTIVENESS OF ACCESS CONTROLMEASURES UNDERTAKEN.
22.4.2. ?. The Monitoring System, if installed, may im:lude a cental alarm system,wireless communication to Units, or any combination- (hereof. Associa}ion and Developer do not warrant orguaranPy in any manner that the system will include (hese items, but reserve the right to install or provide theforey4omg items, or any other items they deem appropriate in their so?e and absolute di;cretion. After the ThrnoverDate, Association may expand the Monitoring System by a vote of the majority or the Board, without the 3omder otconsent of the Unit Owners or any third parties. Without limiting the foregoing, Developer and Aasociation rescrve(he right to, at any time, increase, decrease, eliminate, or add other access monitorffig measures as they deemappropriate in their sole and absolute discretion; provided, hosvever, no changes shall be made prior ta the TQovetDate without (he prior writ}en consent of Developer.
22.4.3. Parl qj (;(i?n pxpqn@q@. If funiished and installed wi}hin any Unit, the cost ofoperating and monitoring any Monitoring System may be included in the Common Expenaea- of Associatiori andtnay be payable as a portion of the Assesffients against Unit Ownets. The purpose of the Monitoring Sygtem willbe to control access (o the Condorninium. Each Unit Owner undeyatands that the expense or the Monitoring Systemmay not be chatged on a bulk basis, or may be charged at the rate equal to any xaze paid by individual owners inMartin County that are not subject to a homeowners association or condominiutn association.
22.4.4. lJni$ QwapB' gespoHgt5ility. All Untt Owners and occupants of any Unit, and thetenuits, guests and invitees of any Owner, as applicable, acknowledge that Associa(ion, its Board and ofncers,Developer, their nornineeg or usigns, or any successor Developer,-do not represent ot warrant that (a) anyMonitor% System, designated by or mtalled according (O guidelines established, will not be compromised orcircumvented, (b) any Monitoring System will preven( loss by fire, smoke, burglary, theft, hold-up, or oterwise,andlor (c) the Monitoring System will in all cases provide-the detection for-which the' systemais dem!gned-orintended. In the event diat Developer elects to proviae a Monitoring System, Deve{aper sbau not be liable to theUni} Owners or Association with yeit to such -Monitoring System, *A the Unit Ownas and Association shall notmake any claim against Developer fot any loss that a Unit 'Owner or Association may incur by reason of break-ing,burglaries, acts of vandalism, personal injury or death, which are not detected or-prevented by the Moni(oringSystem. Each Unit Owner and Association are responsible for protecting and insuring themselves in connectionwith such acts or incidents. The provision of a Monitoring System (inc?uding any type of gatehouse) shall in nomanner constitute a warranty or representation u to the provision of or level of security within the CondominiumDeveloper and Association do not guaran(y or warrant, exjiressly or by implication, the merchantability of '5bness foruse of any Monitoring System, or that any such symem (or an} of its components or related serVices) w'll prevent
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intrusions, rues, or other occurrences, regardless of whether or not the Monitoring Service ts designed to mnitor thesame. Each and every Unit Owner and the occupant of each Unit acknowledges that Developer and Association,their en'@loyees, agents, iminagers, directors, and officers, are not insurers of Unit Owners or Units, or the personalproperty located within the Untts. Developer and AssocMon wul not be responsible or liable for losses, injuries, ordeaths resulting from any such events.
23. Right to Enforce. Developer has the right, but not the obligation, to eiorce the ptovisions of dirtsDeclaration atid to tecovcr all costs relating thereto including, without limitation, attomeys' feea andparapmfegsional fees, pre-trial and at all levels of proceedings, including appeals, collections and bankruptcy. Suchright ahall include the right to perform the obligatioiui of Association and to xecovet all costs iricurred in domg so.
24. Non-Liability. NOTWITHSTANDING ANYTHn?IG TO THE CONTRARY rN THE CONDOMTNIUMDOCUMENTS, NBITHER ASSOCIATION NOR DEVELOPER SHALL BE LIABLE OR RESPONSIBLE FOR,OR IN ANY MANNER BE A GUARANTOR OR INS[mER OF, THE HEALTH, SAFETY OR WELFARE OFANY OWNER, OCCUPANT OR USER OF ANY PORTION OF THE CONDOM[N}tJM INCLUDING,WITHOUT LJMrTAT?ON, RESIDENTS AND THEIR FAMILIES, GUESTS, LESSEES, LICENSEES,INVITEES, AGENTS, SERVANTS, CONTRACTORS, AND/OR SUBCONTRACTORS NOR FOR ANYPROPERTY OF ANY SUCH PERSONS. WITHOUT LJMmNG THE GENERALITY OF THE FOREGOING:
24.1. IT IS THE EXPRESS INTENT OF THE CONDOMINIUM DOCUMENTS TmT THEVARIOUS PROVISIONS THEREOF WHICH ARE ENFORCEABLE BY ASSOCIATION AND WHICHGOVERN OR REGULATE THE USES OF THE CONDOMrNnJM HAVE BEF.N ?, AND ARE TO BErN?ERPRE'nED AND ENFORCED, FOR THE SOLE PURPOSE OF ENHAN(JNG AND MAiNTAWNCi THEENJOYMENT OF THE CONDOMINIUM AND THE VALUE THEREOF;
24.2. ASSOCIATTON IS NOT EMPOWERED, AND HAS NOT BEEN CREATED, TO ACT AS ANAGENCY WHICH ENFORCES OR ENSURES THE COMPLIANCE WITH THE LAWS OF THE STATE OF
FLORIDA AND/OR COUNTY OR PREVENTS TORTIOUS ACTIVITIES; AND
24.3. THE PROVISIONS OF THE CONDOMINI(JM DOCUMENTS SETITNG FORTH THE USESOF ASSESSMENTS WHICH RELATE TO HEALTaH, SAFETY, AND 'gVELFARE SHALL BE INTERPRETEDAND APPLIED ONLY AS LIMITATIONS ON THE USES OF ASSESSMENT FUNDS AND NOT ASCREATING A DUTY OF THE ASSOCIATTON TO PROTECT OR FURTHER THE HEALTH, SAFETY, ORWELFARE OF ANY PERSON(S), EVEN IF ASSESSMENT FUNDS ARE CHOSEN TO BE USED FOR ANYSUCH REASON.
EACH OWNER (BY VIRTUE OF HIS ACCEPTANCE OF TITLE TO A UNIT) AND EACH OTmR PERSONHAVTNG AN INTEREST IN OR LIEN UPON, OR MAKn4G A USE OF, ANY PORTION OF THECONDOMrNrUM (BY VIRTUE OF ACCEPTING SUCH rNTEREST OR LIEN OR MaG SUCH USE)SHAIL BE BOUND BY THIS SECTION AND SHALL BH DEEMED TO RAVE AtJTOMAT?CALLYWAIVED ANY AND ALL R?(JHTS, CLAIMS, DEMANDS AND CAUSES OF ACTION AGkrNSTASSOCIATTON ARISING FROM OR CONNECTED WITH ANY MATTER FOR WHICH THE LIABILITY OFASSOCIATION HAS BEEN DISCLAIMED IN THIS SECTION OR OTHERWISE. AS USED m THISSECTION, "ASSOCIATION" SHALL INCLtJDE WITHIN rTS MEANIN(J ALL OF ASSOCIAT?ON'SDIRECTORS, OFFICERS, COMMITTEE AND BOARD MEMBERS, EMPLOYEES, A.GENTS,CONTRACTORS (INCLUDnNG MANAGEMENT COMPANIES, SUBCONTRACTORS, SUCCESSORS ANDASSI(JNS). NOTmNG IN THIS sEcTIoN 24 SHALL LIMrT THE RIGHT OF ANY tJN}T OWNER TO SUETHE ASSOCIATION FOR ffS OWN NEGLIGENCE OR ITS WILLFUL ACTS OR OM[SSIONS OR FOR ANYLIABILITY PROVIDED IN THE ACT ON THE DAY THIS DECLARATION IS RECORDED AMONG THEPUBLIC RECORDS OF COUNTY.
25. Jury Triul Waiver. BY ACCEPTANCE OF A DEED, EACH OWNER AGREES THAT THECONDOMTNn)M DOCUMENTS ARE VERY COMPLEX; THEREFORE, ANY CLAIM, DEMAND, ACTION,OR CAUSE OF ACTION, WITH RESPECT TO ANY ACTION, PROCEEDING, CLAIM, COUNTaERCLAiM,'OR CROSS CLAIM, WHETHER IN CONTRACT AND/OR IN TORT (REGARDLESS rP THE TORT ACIIONIS PRESENTLY RECOGNIZED OR NOT), BASED ON, ARISING OtJT OF, IN CONNECTION WffH OR rNANY WAY RELATED TO CONDOMINIUM DOCtJMENTS, INCLUDmG ANY COURSE OF CONDUCT,COURSE OF DEALING, VERBAL OR WRITTEN STATEMENT, VALIDATION, PROTECTION,'ENFORCEMENT ACTION OR OMISSION OF ANY PARTY SHOULD BE HEARD IN A COURJ'PROCEEDING BY A JUDGE AND NOT A JURY IN ORDER TO BEST SERVE JUSTICE. EACH OWNERHEREBY KNOWINGLY, VOLUNTARJIY AND rNTENTJONALLY WAIVES THE RIGHT TO A TRIAL BYJURY WITH RESPECT TO ANY L?nGATJON BASED ON, AR?SrNG OUT OF, UNDER OR INCONNECTION WITH THIS DECLARATION AND ANY DOCUMENT CONTEMPLATED TO BEEXECUTED m CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEAuNG,STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTION OF BITHER PARTY. EACH OWNERUNDERSTANDS anLAT TH[S PROVISION IS A MATERIAL INDUCEMENT FOR DEVELOPER ENTERINGrNTO THIS DECLARATION. DEVELOPER HEREBY SUGGESTS THAT EACH OWNER UNDERSTANDTHE LEGAL CONSEQUENCES OF ACCEPTING A DEED TO A tJN?T.
26. ?. EACH OWNER ACKNOWLEDGES RE(iARDLESS OF WHERE SUCH OWNER(i) EXECUTED A PURCHASE AND SALE AGREEMENT, (ii) RESIDES, (iii) OBTAINS FTNAJNCTNO OR(iv) CLOSED ON A UNIT, THIS DECLARATION LEGALLY AND FACmAdLY WAS EXECUTED INCOUNTY. DEVELOPER HAS AN OF:F1CE IN COUNTY AND EACH W IS LOCATED IN COUNTY.ACCORDrNGLY, AN IRREBUTTABLE PRESUA4PTION EXISTS THAT THE ONLY APPROPRIATE VENUEFOR THE RESOLUTION OF ANY DISPUTE LIES IN COUNTY. IN ADDmON TO THE FOREGOING,
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EACH OWNER AND DEVE[.OPER AGREE THAT THE VENUE FOR RESOLUTION OF ANY DISPUTEIJES IN COUNTY.
27. g??. BEFORE ACCEPTrNCi A DEED TO A (JNIT, BACH OWNER HAS AN OBLIGATION TORETAIN AN ATTORNEY IN ORDER TO CONFIRM THE VAL?DITY OF THE PROVIS?ONS OF THIS
DECLARATION. BY ACCEPTANCE OF A DEED TO A UNIT, EACH UNIT OWNER ACKNOWLEDGESTHAT HE HAS SOUOHT AND RECEIVED SUCH AN OP?NION OR HAS MADE AN AFFIRMATIVEDECISION NOT TO SEEK SUCH AN OPrN}ON. DEVELOPER IS RELYINC3 oN EACH UNIT OWNER
COfflRM?NG IN ADVANCE OF ACQUIRING A UNIT THAT THIS DECLARATION IS VALID, FArR ANDENFORCEABLE. SUCH RELIANCE IS DETRIMENTAL TO DEVELOPER. ACCORDINGLY, ANESTOPPEL AND WAIVER EXISTS PROHIBITTNG EACH UNIT OWNER FROM TAKIN(J THE POSITIONTHAT ANY PROVISION OF THIS DECLARATION IS INVALID IN ANY RESPECT. AS A FURTHERMATERIAL INDUCEMENT FOR DEVELOPER TO SUBJECT THE CONDOMINIUM PROPERTY TO THIS
DECLARATIONI EACH UNIT OWNER DOES HEREBY RELEASE, WAIVE, DISCHARGE, COVENANTNOT TO SUE, ACQUIT, SATISFY AND FOREVER DISCHARGE DEVELOPER, ffS OFFICERS,DIRECTORS, EMPLOYEES, AND AGENTS AND ITS AFFILIATES AND ASSIGNS FROM ANY AND ALLL?ABlLrl'aY, CLAIMS, COUNTERCIAIMS, DEFENSES, ACTIONS, CAUSES OF ACTION, SUITS,CONTROVERSIES, AGREEMENTS, PROMISES AND DEMj!iNDS WHATSOEVER IN LAW OR IN EQUITYWHICH A UNIT OWNER MAY HAVE IN THE FUT[mE, OR WHICH ANY PERSONAL RBPRESENTATIVE,SUCCESSOR, HEIR OR ASSIGN OF OWNER HEREAFTER CAN, SHALL OR MAY HAVE AGkrNSTDEVELOPER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, AND ITS AFFILIATES ANDASSIGNS, FOR, UPON OR BY REASON OF ANY MATTER, CAUSE OR THING WHATSOEVERRESPECTING THIS DECLARATION, OR THE EXHIBITS HERETO. THIS RELEASE AND WAIVER ISINTENDED TO BE AS BROAD AND INCLUSIVE AS PBRMITTED BY THE LAWS OF THE STATE OFFLORIDA. NOTW?THSTANDrNG THE FOREGOING, THIS PROVISION SHALL NOT ABRIDGE ANYRIGHTS PROVIDED BY THE ACT.
28. Comtruction 4qtivities. ALL OWNERS, OCC{JPANTS AND USERS OF THE LAND ARE HEREBYPLACED ON NOTICE THAT (l) DEVELOPER AND/OR ITS AGENTS, CONTRACTORS,SUBCONTRACTORS, LICENSEES AND OTHER DESIGNEES, AND/OR (2) ANY OTHER PARTIES MAYBE, FROM TIME TO TIME, CONDUCTING BLASTING, EXCAVATION, CONSTRUCIION AND OTHERACTMTIES WITHIN OR IN PROXIMITY TO THE LAND. BY THE ACCEPTANCE OF THEIR DEED OROTHER CONVEYANCE OR MORTGAGE, LEASEHOLD, LICENSE OR OTHER INTEREST, AND BYUSmG ANY PORTION OF THE LAND, EACH SUCH OWNER, OCCUPANT AND USERAUTOMATICALLY ACKNOWLEDGES, STIPULATES AND AGREES (i) THAT NONE OF THEAFORESAID ACITVITIES, OR ANY NOISES RESULTING THEREFROM, SHALL BE DEEMEDNUISANCES OR NO)aOUS OR OFFENSIVE ACTNITIES, HEREUNDER OR AT LAW GENERALLY, (ii)NOT TO ENTER UPON, OR ALLOW THEIR CHILDREN OR OTHER PERSONS UNDER THEIR CONTROLOR DIRECTION TO ENTER UPON (REGARDLESS OF WHETHER SUCH ENTRY IS A TRESPASS OROTHERWISE) ANY PROPERTY WffHIN OR IN PROXIMITY TO THE LAND WHERE SUCH ACTMTY ISBEING CONDUCTED (EVEN IF NOT BEM3 ACm/ELY CONDUCIED AT THE TIME OF ENTRY, SUCHAS AT NIGHT OR OTHERWISE DURING NON-WORKrNG HOURS), (iti) DEVELOPER AND anHE OTHaAFORESAID RELATED PARTIES SHALL NOT BE LIABLE FOR ANY AND ALL LOSSES, DAMAGES(COMPENSATORY, CONSEQUENTIAL, PUNIT?VE OR OTHERWISE), INJUR?ES OR DEATHS ARISINGFROM OR RELATrNG TO THE AFORESAID ACTMTIES, EXCEPT RESULTINO DIRECTLY FROMDEVELOPER'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND (iv) ANY PURCHASE OR USEOF ANY PORTION OF THE LAND HAS BEEN AND WILL BE MADE WITH FULL KNOWLEDGE OF THEFOREGOnNa
29. ?. All notices to Association required or desired hereunder or under the By-Laws shall be gent bycertified mail (return receipt requested) or by professional cour!er with receipt to Association care of its offIce at theCondominium, or to such o*er address as Associa({on may hereaf'ler designate from time to time by notice inwriting to all Uni( Owners. Excepl as provided specifically in the Act, all notices to any Unit Owncr may be sent byfirst clags mail, certified mail, professional cou!er or hand delivcry to the Condominium addxess or such UnitOwner, or such other address as may have been designated by him from time to time, in writing, to Associatioa Allnotices to mortgagees of Units ghall be sent by rvst class mai? (o their respedve addresses, or such other addxesg asmay be designated by them from time to time,- in writing (o Association. All noticeg delivered by u.s. Matl sha?l becffec'ave upon mailing, and all notices delivered by certified mail, professional couriet or hand delivery shall beeffective upon receipt or refusal to accept receipt.
30. Izg(@B(j<)@. The Board shall be responsible for tnterpreting the provisions hereof and of any of theExhibits attached hereto. Such interpretation shau be binding upon au parties unless wholly unreasonable. Anopinion of coungel that any interpretation adopted by Association is not unreasonable shall concjusively estabUsh thevalidity of such interpretation.
31. ?.AssociationshaunotberesponsibletoanymongageeorlienorofanyUnithereunderandmay assiune the Unit is free of any such mortgages or hens, unless written nofice of the existence of such mortgageor lieti is received by Association.
32. ]?. All Exhibits attached to this Declaration shall form a part of this Declaration as if set forth herein.
33. Blocked View; Trees and Shnibbery. There is no guarantee that any Unit shall have any specific view.The (1) maturation of trees and shnibbery, (2) constuction of other condominiums, or (3) construction of any otherimprovement may partially or em'rely block the view of each Unit. Additionally, Developer shall not be responsiblefor any reduction in privacy caused by the removal or pniining of trees and shrubbery within the Condominium
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Proper7. Unit Owners shall not cut down trees and shmbbery nor plant additional trees and shnibbery withtn theCommon Elements or Limited Common Elements.
34. Goyegjgg law. Should any dispute or litigation mise between any of the parties whose rights or duties ueaffected or determined by dirts Declarahon, the Exhibitg annexed hereto or applimble Rules, such dtspute orlit%ation shall be governed by the lawi of the State of Florida.
35. qonstruction %@@er@. All Units and hcir appiutenant Common Elements have been or will be sold withoutany Developer warranties whatsoever except as provided in the Act (to the extent such warranties are not efTec6velyasclairned and remain in effect, if at all). As to such warranties, if any, and as to any clatm arising from orcomnected with the design or construction of any Uni%s), Limited Common Elements, or the Cornrmn Elementsincludjng, without l{mitation, failure to build in sccordance with any patticular plans or specifications x failure tocomply with building or other codes, laws, ordinances or regulations (collectively, "Constnic$@ Q40ers"), itshall be a material condition precedent to the institution of any proeeeding regarding Constniction Matters diat diepmty or parties briging same shall have first given notice to Deve}oper or other party against whom teuef orrecovcry is sought (the "pdg.?") of the specific Construction Mattas complamed of and a deiicription of thedamage or loss allegedly resulting theefronl ir known, and provide Defendant with an oppottunity to inspect theUni@s), Ltrnited Common Elements and/or the Common ElemenU to assess the alleged Constniction Matters, as isnow required by and set forth in Chap(er 558 of the Florida Stamtes. If the Combsic6on Matters are not cuxed orcorrected in accordarice with the pyocedure set forth m Chapter 558 (or withtn a reasonable time tf the 8tatute isvacated), all applicable parties shall be bound to submit }he disputes or claims regarding the Constuction Matters atissue solely to binding arbitration in accozdance with the Florida Arbitration Code and the mleg of the AmericanArbitration Association and the panies and }heir successors and asgigns shall be bound by the results of sucharbitration. Wi}hout limiting the genera? binding efrec( of this Declaration, egb Owner and other person acquiringany right, title or interest in or to any Unit shall be deemed, by virtue of the acceptance of the conveyuice, grant,uamfcr or assigmnent thereof, to be fully bound by the provisions of *is Section 35 as shall Association. THISSECTION 35 REQUIRES YOU TO WAIVE YOUR R?(iHT TO SUE THE DEVELOPER IN COURT AND,INSTEAD, ARBrnU(TB OR MEDIATE DISPUTES INCLUDING, BUT NOT LIMITED TO: DEVELOPERREPRESENTATIONS PERTAINING TO COMMONLY USED FAC?LIT?ES; ACTIONS TA]aEN BYDEVELOPER ELEcTED DIRECTORS WHILE THE DEVELOPER CONTROLS THH ASSOCIATION;DIS:E'UTES REGARDIN(J THE PURCHASER'S CLAIM OF VOIDABILITY BASED UPON CONTRA(TUALPROVISIONS AS REQUIRED IN SECTION 718.503(1%A), FLORIDA STATUTES; FALSE OR MISLEADINGSTATEMENTS PUBLISHED BY THE DEVELOPER AND RELIED UPON BY THE PURCHASBRi ANDWARRANTY RIGHTS ON YOUR W AND IMPROVEMENTS. THE DMSION HAS CONTBSTED THE
ENFORCEABILITY OF THESE PROVISIONS. tJNTlL THERE IS AN ADMINISTRATTVE RULE,LEG?SLATIVE CHANGE, OR OTHER DEFINITIVE RESOLUTION, YOU SHOULD CONSULT ANATTORNEY ABOUT YOUR RIGHTS UNDER THESE PROVISIONS. Notm(hstanding the foregoing, UnitOwners and Association shall have all rights and remedies available under *e Act, including Section 718.303(1)and 718.506, Florida Statutes.
36. pligi0ility %q1iuennents for Bqgd %mbership. Any d{rector designated or appointed by Developer needno( be a Unit Owner or a regident of a Unit. All other directors must be Unit Owners. A person who has becnconvtcted of a felony by any coun of record in the United States and who has not had his or her right to voteres(ored pursuant 10 law in the jurisdiction of his or her residence is not eligible for membership on the Board.
37. Execution qf I%pmqnts; Attomey-in-Faqt. Whcrcver the signature of the President of Association isrequired hereum'ier, the signature of a Vice-President nuty be substituted therefor, and vvhereVel the signature or theSecrebry of Assoc{ation is required hereundcr, the gignature of an Assistant Secretaxy may be subs(imted therefor,provided that the same person may not execute any single mstrument on behalf of Association in two separatecapacities. Without limiting the y,enerality of other Secttons of this Declaration and without such oThet Sectionslimiting the Beiietanff hereof, cach Unit Owner, by reason of the acceptance of a deed to much Unit Owner's Uni'Ihereby agrees to execute, at the request of Developer and its affIliates, in oxdet to complete the plan of developmentof the Condominium, any uid all amendments to the existing documents and as they may be hereafter amended; andeach such Unit Owner fiirther appoints hereby and thereby ]Developer as such Unii Omer's agent and affomey-in-fact to execute, on behalf and in the name of such Untt Owner, any and all of such documents or consents that maybe required from time to tinx by ehber the County or applicable governmental subdivLiions or agencies where *eCondominium is located. This power of attorney is irrevocable ana coupled with an interest. The provisions or thisSection may not be amended without the consent of Developer.
38. ?. The invalidity in whole or in part of any covenant or restriction, or any section, gubsection,sentence, clause, phrase or word, or other provision of }his Declaration, the Exhibits annexed hereto, the Rules orany oTher roles and/oy regulations adopted pursuant to 8uch documents, as the rome tnay be amended trcim time totime, sball not affect the validity of the remaining por(ions thereof which shall remain in ful? rotce and effecl.
39. ?. No provisions con(ained m tbis Declaration shall be deemed to have been waived by reason of anyfailure Io enforce the same, without regard to the number of viola}ions or breaches which may occur.
40. ?. Each Unit Ownet, by reason of having acquired ovmership (whether by pmchase, giflopemtion of law or otherwise), and each occupant of a Unit, by reason of his occupancy, shall bQ deemed to haveacknowledged and agreed that all of the ptovtsionii of this Declaration, the Articles, By-Laws, and the Rules ue fairand reasonable in all material respects.
41. Gcndcr:, Plurality. Whcrcver the context so permits, (he singular shall include the plural the plural shallinclude the singular, and the use of any gender shall be deemed to mclude all or no genders.
DMziit31}31.1
RiverGlenCoodominiimi34
Ammed sn4 Rembd Dacluation
#o0:>[;.>?
Book2273/Page484 CFN#2034114 Page 40 of 262
42. ?. The captions herein and in the Exhibits amiexed hereto are inserted only as a matter ofconvenience and for ease of refe'tence and in no way define or limit die sce@e of the particular document or anyprovision thereof.
43. Refund of %xes, FHs and Other Charges. Unless othenvige provided herein, Association agrees that anytaxes, feeri or o*er charges paid by Developer to any governmen(al authority, utuity company or any otber entitywhicb at a later date are refunded in whole or in pmt, shall be returnerl to j)eveloper m the event such refund isrcccived by Association.
44. Tillq Doqyments. Each Uni( Owner by acceptwce of a deed to a Unit acbiovAerlges that such Unit issubject to certain land use and title documents and all amendments thereto (collectively, the "Tlllq Documents").Developer's plan of development for die Condo?um may necessitate from time to time tbe further amendment,modification and/or termination of the Title Documents. DEVELOPER RBSERVES THE UNCONDITIONAL
RIGHT TO SEEK AMENDMENTS AND MODIFICATIONS OF THE TITLE DOCUMENTS. It is possible that agovermnental subdivision or agency nuiy rcqu'ue the execution of one or more documents in connection with anamendment, modification, and/or termination of the Title Documents. To the extent that such documents requfie thejomder of Unjt Owners other than Developer, Developer, by any one of its duly author{zed officers, may, as theagent &nator the attorney-in-fact for be Unit Ownersi executei acknowledge and deliver an7 doamenb required byapplicable govanrnental subdivision or agency; and the Unit Owners, by virtue of their acceptance of deedairrevocably nominate, constitute and appoint Developer, through any one of iffl duly authorized officers, as the#proper and legal attorney-in-fact for such purpoae. aThjs appointment ts coupled with an interest and is Therdoreirrevocable. Any such document executed pursuant to this Section may rec!te that it ts made piu'suant to thisSection. Notmthstanding tbe foregomg, each Untt Owner ayees, by its accepbmcc of a deed to a Unit: (i) (oexecute or otherwise join in any documenbi required in comiection with the amendment, modification, ortermination of the Title Dociunents; and (ii) (hat such Unit Owner has waived its right to obiect to or commenf onthe form or substance of any amendrnenl modification, or temiination of the Tit}e Documents. Without limiling thefore54oing, upon the Turnover Date, Association shall assume all of the obligations of Developet urider the TitleDocurnents which affect 'ihe Condominium unless oThetw}se provided in this Declaration or by-amendment to thisDeclaration recorded by Developer in the Public Records of County, from time to time, and in the sole and absolutediscrebon of Developer.
[ADDmONAL TEXT AND SIGNATURE APPEARS ON FOLLOWINO PAGE?
DM21ll31l31.l
Riwr(]kmCondominium35
Ancxled ind ReilaWl DecluUkin
-f/ / D(,1.
Book2273/Page485 CFN#2034114 Page 41 of 262
44.?. J? Tjp@ !>ubjl %5) ? Qg?3. All Units 'm die Condominium, re?lm ofwhether ownad by Developar or a third pmty, shall' be 'governed by and shdl comply with the terms of theCondominium ?.
sml to be hereunto affIxed thistN WmeS WHEREOE,, Deve
ed*ks?Y?? 'of i-'f(?
alti
7
Dechiration to be duly execum and b corporme, 200,7.
WlTNES8KS: TOUSA HOMES, INC., a Florida corporaUon,D/B/A ENGLE HOMBS SOUTH FLORIDA
RIVER GLEN CONDOM[NnJM ASSOCLATION, mC. ('?') does hereby join m the Amendedand Remmod Declarmaon of Condominium for Rivw Glen Condo;Q?(?p'),- to which th{s Jo?is s5ched, aml the terma dmreof are and duill be binding upon b?: ;va su? sr title.Association s@ees dim this Joinder is for oonvemiaice purposes only and does not eH% to die effemveneu of fbeDeclaration s Anaoci? has no rjght to approve dia Declaratmi.
rN WITNESS WHEREOF, the undersigned hu executed this Joinder 011 this "aaor kQv*U
RIVER OLEN CONDOMINIUM ASSOCIATTON, mc.,a Florida not-for-profit corporation
2007.
6SSKS:
? v. a?' : +l ?
"'a?na'a-6Cl? #JK
kq-xLnu( (-sbxut€j4
(7 'rr?
-? 'fl?77ar By:NamnTitle:>'/ e -
'1
COUNTY OF fef4,
STATE OF F?X:)RIDA
rvovfet6 ?>) SS.:)
7
is B?ally known to me or who producedaa %mident of RTVER GLEN CDNDO?
Tbe forego% tnmrumem wu admowledged before me fhLiASSOC ,
4-TNC'-, a F}on?
behalfof4
My commission exp?:
(SEAL}
, .2007 b7?ion, wjg
0!l
)?.-C- ,?,
NOTAJkY PUB?lortda at Largeb2?'Prtnt Name,
f
Rjwi Gka ?h I'll d?
DM21ll31l31.l
937.;>b>
Book2273/Page487 CFN#2034114 Page 43 of 262
CONSENT TO DEC?ARATION OF CONDOMn'ilUM FORRffi,R GLEN CONDOMmnlM
CmCORP NORTH AMERICA, INC., a Delaware corpomtiori, as Adrninistratiw Agent, the holder of that certa{nMortgage ('%lgJgBB") recorded in Official Records ]Book 2243 at Page 2594, of-the jublic Reoords of MmtinCounty, Florida, and CITICORP NORTH AMaC{A, INC., a Delaware-corporat{on, u Revolvtng (:redit Agent mits capacity u the First Priority Representative of the following documents: 'Spmader, Consolidation andModification Agreement and Amended and Restated Mortgage (" An)ended @nd R@4i? %q(5@g@") recorded inOfficial Records Book 2268 at Pa54e }475 of the Public Records or Mastin County, Florida; Second hen Mortgage("%9U* 1016 %@$@g@") recorded ; Offlcial Records Book 2268?at Page. 151.9'of ?the Public Records of M;nCounty, Floridaa, and that Assignment of Mortgages ("4@ilgqment") morded in Official Reoords Book 2268 ;tPage .1557. of the!,ub!ic JRecards of Martm Cou.nty,fFlorida., whic!doc.umeny6 encum?ber a p?oraon of?die ?Landdescribed in )J?, do hereby consent to the Declaration of Condominium fot iver 'Glen Condomintum('J"), to whioh thi8 coment ig attached, and acknowledges that the terms diereof are and diall be bindingupon the undersigned mid dseir successorg and assigrui.
IN WITNESS WHEREOF, the undersigned have executed this Consent on this2007.
.f.aayor 4sp ,WITNESSES: CmCORP NORTH AMERICA, INC.,
a Delaware corpora(ion, as Administrative Agent
' ? (L.r -Prin Narne: . (? p ITVI r Jbfbi5(1k
+ (;?7
STATEOF /J4a) '-l/t-IL >co? OF l)tuT4out :
7
BY:Name:
Title:f"M r'l]&
(SEAL}
SS.:
'A%A The foregojHg in;bument was ac?wledged before me this 7
4s>eezn@ sia(r1 , as y(c.c Pre5adH4, 2007 bY
?C., aDelaware corpomHon, aa Administrative Agent, who is personally knownG,?or who hu produced
aq identification on be)ialf of the corporatio?.
oF-#r*.4? Y-PUBLIC, State ofNew York
(&iA ?PrintNami: {?(l'u (hQfr
<;X<-r . ('-,-PrintName: ,!,)
'?
CmCORP NORTH AMERICA, INC.,a Delaware corporation, as Revolving Craiit Agent tn itscapacity u First Priority Representative
?4a.,m ,uviccrltStdlshuxozarvwmca,mc.,aDelaware corporation, u Revolving Credit Agent m its capacity a8 First Priority Representative, wbo is p:asona!lyknown gor who has producedcorporation.
as identification, on behalf of the
'a'll= ?"
7=",?'UBLIC, Smte of New Yark , //-Print Name: /? #/H
?m
t""w'-1?a-fflllWq,
Rmt am Condomin+umAmndad ud Remled Deckra(ioo
9Vf..>/a>
Book2273/Page488 CFN#2034114 Page 44 of 262
This Instrument prepared byand to be returned to:Staren G. Rappapon, EsquireSachs Sax Capjan.301 Yamato Road, Sulte4l50Boa Raton, FL 33481-0037(561) gg4-44gg
CERTIFICATE OF AMENDMENTTO THE AA4ENDED AND RESTATED DECLARATION OF CONDOMINIUM FOR
RIVER GLEN CONDOMIN?UM
WHEREAS, the amendment attached as Exhibit "A' to thi!i Certifiaite was duly adopted as anamendmerit to the Amended and Restated Declaration of Condominium for River Glen Condominium.The Amended and Restated Declaration of Condominium for River Glen Condorninium is reaxded inOfficial Recowds Book 2273, at PaBe 445, of the Public Records of Martin County, Florida. The originalDeclaration of Condominium for River Cilen Condominium is recorded in Official Reoords Book 2202,at Page 994 in the Publtc Records of Martin County, Flor?da.
WHEREAS, pursuant to the amendmerit procedures described in Article 6, Section 6.2 of thereferenced Dedarat!on, Dedarant may unilatera!)y amend ffils Dedaration;
WHEREAS, the Declarant desires to amend the Declarati0n by amending Article 15, Secti0n15.14 as indicated on Exhibit 'A' attached hereto;
NOW THEREFORE, the undersigned hereby certifies diat the attached amendment to theAmended and Resmted Dec!aration of Condominium ;rx River Cilen Condominium, is a true and oorredcopy of the amendment approved by the Declararit.
DATED this 1 day of 0g%'ig<,g,, , 2008.
ll
WITNES ES:
d-71(J?4
A==-'/ fffit;r=sy?
STATE OF FLORIDA )) ss:
COUNTY OF PALM BEACH )
TOUSA HOMES, INC. D/B/A ENGLEHOMES OF SOUTH FIORIDA
BY&PrirNsPrinfN e: LIN?"a ??Title: Qim . ?
The foregoing instrument yas acknowledged betore me this .l day at(;;? 2008, byl-?W?o-e.?'%Si O%, as N >, P(<< d0k of Toum Homesi Inc. d/b/a Engle Homes of SouthFlorida, who is Personally Known )d or Produced Identification [ ].
Type of Identification Produced: ?0(SEAL) NOTAY IC,Stateo orida
at Lar e
ffi
Book2357/Page1156 CFN#2113243 Page 1 of 4
UNANIMOUS WRITTEN CONSENTof the
BOARD OF DIRECTORSof
RIVER GIEN CONDOMINIUM ASSOCIATION, INC.
THE UNDERSIGNED, being all the Diredors of RIVER GLEN CONDOMINIUMASSOCIATION, I NC., a Florida not-for-profit corporation ("Association"), hereby unan imouslyconsent to and adopt the following Resolution:
Adoption of Board Rq>olpti(in
Resolved, that the amendment to Article 15, Section 15.14 of the Amended and RestatedDeclaration of River Glen Condominium (the "Declaration"), as more fully described on theattached Exhibit 'A', shall be approved by the Developer<ontrolled Board of Directors asprovided for in Article 6, Sedion 6.2 of the Declaration.
I H EREBY CERTIFY that the foregoing Resolution appears i n the Official Records of theAssociation and is unrevoked.
Date: ffl 1The undersigned being all of the Diredors of the Association have executed this
Resolution as of the date set forth above.
DIRECTORS:
4.4 ,LSignature ()
, rsCl'MetrraJka? 3ia hrcz'rintPrint
Anature'?4?l )Jtlt-LMo?
1"ffiP5me
, 2008
04.U,Date'
lb-y,ipDate
?Z' - 7 ?Date
Book2357/Page1157 CFN#2113243 Page 2 of 4
#?
Ex%i5ii "4'
AMENDMENT TO THEAMENDED AND RESTATED DECLARATION OF CONDOMINIUM FOR
RIVER GLEN CONDOMINIUM
The Amended and Restated Declaration of Condominium for River C;len Condominium isrecorded i n Official Records Book 2273, at Page 445, of the Public Records of Martin County,Florida. The original Declaration of Condominium for River Glen Condominium is recordedin Official Records Book 2202, at Page 994 in the Public Records of Martin County, Florida.
As indicated herein, words ? are added and words ? are deleted.
lternl: Articlel5,Sectionl5.14oftheDeclarationofCondominiumforRiverGIenCondominium ("Declaration") shall be amended as follows:
Section 15.14 'f3%l. No animals of any kind shall be raised,bred or kept within the Condominium Property for commercialpurposes. Unit Owners may keep domestic pets as permitted bythe County and/or other governmental agencies up to a limit oftwo (2) cats; dogs, or combination thereof with a combinedweight of not more than ninety (90) pounds and otherwise inaccordance with the Rules established by the Board from ti me totime. Notwitbstaodiog the (pregoing, the Board of Dirq$rs ofthe Associotion sball hav* the autbort!z though not thcoblig,il!on, from time to -timei tt;i allow -mqre than two (2>domes(ic cats, dqg, or c(+mbination thqreof, or tg @Ilpw aqom5ined weight qf rpqre than nine§ (90) pound6, whereapprov6d j0 wrjting by lhe %5gqi@tion, Other domesticated petsmay be kept in reasonable numbers; however, the total quantityof pets in a Unit may not exceed the quantity permitted by theCounty and/or other governmental agencies. Dogs of anaggressive and/or vicious nature including, but not limited to,those commonly refened to as "pit bulls" must be registered withand meet al l requirements of the County and al l other applicablegovernmental agencies. Association may prohibit certain breedsof dogs that the Board considers dangerous in its sole discretion.Notwithstanding the foregoing, pets may be kept or harbored tna Unit only so Iong as such pets or animals do not cause or arethe source of annoyance, nuisance or disturbance to any otherOwner or occupant. A determination by the Board that ananimal or pet kept or harbored in a Unit is a nuisance shall beconclusive and binding on all parties. No pet shall be permittedoutside a Unit unless such pet is kept on a leash of no longerthan six (6) feet. No pet or animal'shall be "tied out" on the
Book2357/Page1158 CFN#2113243 Page 3 of 4
/-
exterior of the Unit or in the Common Elements, or leftunattended on a balcony, courtyard, porch, or patio. Nowildlife, poultry or livestock shall be raised, bred or kept on theCondominium Property. The ability to have and keep an animalor pet is a privilege, not a right, and the Board is empowered toorder and enforce the removal of any animal or pet whichbecomes a source of annoyance to other residents of theCondominium or in any way causes any damage to the property.When notice of removal of any pet is given by the Board, the petshall be removed within forty-eight (48) hours of the giving ofthe notice. All pets shall defecate only in the "pet walking" areaswithing the Condominium designated for such purpose, if any.The person walking the pet or the Unit Owner shall clean up allmatter created by the pet. Each Unit Owner shall be responsiblefor the activit{es of its pet. The pet restrict?ons provided forherein apply to pets visiting a U nit and pets permanently housedin a U nit. Notwtthstanding anything to the contrary, seeing eyedogs shall not be governed by the restrictions contained in thisSection. Neither the Board nor Association shall be Iiable forany personal injury, death or property damage resulting from aviolation of the foregoing, and any occupant of a Unitcommitting such a violation shall fully indemnify and holdharmless the Board, the Developer, each Unit Owner and theAssociation. Any landscaping damage or other damage to theCommon Elements caused by a Unit Owner's pet shall bepromptly repaired by the Unit Owner. Association reta?ns theright to effect such repairs and charge the Unit Owner therefor.
Book2357/Page1159 CFN#2113243 Page 4 of 4
Exliibit 1
IJGAL DK!3CRJPTlON WITH LOCATION MAP OF PHASE 1
DM21ll)1131.1
Book2273/Page489 CFN#2034114
River (lk'n CondomniumArmmJ m} Ramled Dedaralion
?q :> tx
Page 45 of 262
1
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