•'Nh4 !C, LflI4
____
___
LR.5392 uaz 2040
7l
-. ws
Mi 6 2 urN ft
This instnment WAS
prepared by;
EtWAPD V. S).VflZ of
Mien, Dell, rran & trinkle
43*
3L5 East l*dtsnn St.
Sate efl
!aripa, florida 33$02
82129059
DECLA3flION OF COjDOKINI(B4
OF
DflflWOOD SA21OS,
A CQNPOMINVJM
OflV PCX DtflLOPflNT C O&P., a FLorida catporttion
thereinafter together with its successors at4 aseigsn Called
tate Developtr'), does hereby declare as foLLovs
1. xntxoduotial and submission.
h
ia me Lad. The Developer owns the Lee titl.e to certair'
land located in Pincllaa Comty. Piotf.d.. as more
$p
partictIlarly described ii, gxhibit 1 annexed hereto
ltiie tn31.
1.2 Minion Statent. The Developer hereby rnzb—
A
ii-
..
i,iks the Land and all. improvements erected or to
.4
be erected chereon, afl easements, rights and
3
appurtenances belonging thoreto and all other
property, real, personal or mixed, intended for
ale in connection therewith • to the cofldOi$inhlJ
thzm of ownership and use in the manner provided
y th Florida Condominium Act a; It exists on the
Late hereof, subeot to the exceptions listed in
I and subject to the easements, restrLc'
tions, reservatIons, conditions and limitations of
neord and those parmitted and excluded, under the
tms of this Declaration.
1.
$bfle. The name by which this condominiW Se to be
tWhiiied is DMFTWOOD SANDS. A COMDOMINIUZI
(ierai,aftsr called the CondoflniaM).
The to3.lowing terms when used in this
•
ad in its ..hibits. and as they may here-
after he ameMed, shall have the meaning ascribed to
2.
them i this Section, etcept where the contest clear2y
4
indicates a diftetant meaning;
2.1 &Ct aeafts the CoMominiuln ,ct jebaptor ia of
the PIotide Statutes) as it .acists on the date
flraof.
2.2 'Articles mean the Articles of Incorporation of
tile AIsOcittiOCt.
4
2.3 Asaessment" iaans a ahare of the £n8s
for the paant of cotmton txpet'ses which from time
to tim. is assessed against the Unit owner, ar4
soob additional sums which may be assessed di-.
•
rcctly against ofte or mote Unit O4rners (though not
-
necessarily against other Unit Owners).
j5392 V1CE2041
2.4
,ot.ation ma'5 DPZnjOOD SUmS COt100MWIUM
h$SOCflTZQt!, IUC., a not for profit Florida corpor-
ation, the entity rosponesbit for the operation
of tht corzaoainiut.
2.5
"BuildIng" means the structure or structures
in
which the units and Cougnon Elements are
located on
the Condominium Propercy.
2.5 "By-Laws' mians the By—Laws of the Association.
Ii cowort £leaents means and iftciUdS:
-
(a) The portions of the condominhla Property
whth are not lncLtsdtd wtthin the units.
(b) Easements through Units for conduits, ducts,
pIimbin9, wiring and othtr facilittes for tte
furnishing of utility •n other services to
Units and the Coimion Elements.
(c) Art easement of
support in every portion of a
Unit which contriDUtes to the support of the
Building.
Cd) The property and installations required for
the furnishing of utilities and other ser"
vices to more than one Umi; or to the CormltQfl
Elements.
(a) Any other parts of the Condominium Property
designated as Coimnon Elements in this Decla-
ration.
2.$
"Convaon Expenses means all expenses incurred by
the Association for the Condominium.
23
Coiva*fl Surplus' means the excess of all receipts
of the Association, including, but not limited to,
Assessments, rents, profits and revenues On 5C
count of
the Cc4mon Elements over the amount of
Canton Expenses.
1.1S "CondominuTh parcel
i,eansa unit together with
the undivided share in the Coggon Elements which
Is appurtenant to said unit, and when the context
permits, the tec-m includes alt ethe& appurtenanCes
to the Unit.
-
2.11 'CondC nhjm Property" means the Land and personal
property that are subjected to condominium owner-
ship under this Declaration, all Improvements On
the Land, aM afl eanfoents ar4 rights apuCtenaflt
thereto intended for use In connectiOn with the
CondOlTlifliUm, and all other property, real, per-
sonal and mixed, which is made subjtct to this
ecraratiOfl.
2.12 "County" means the County of flrieflas
State
of Florida.
2.13 "DeclaratiOn
or
-DeclaratOn of CndOrniaiUm"
means this instrument, as it may be amended from
time to time.
2.1'.
"improvementS" means a I I strucwreS and artificial
hnes to the natural environrrleflt excluSive Of
landscaping)
located on the Condominiul, Property,
including, but not Umi ted to. the Building.
OR.5EI2pj 2042
2.15 "institutional First MortgfleC means I bank,
savings and loan association, insurance company,
real estate or mortgaQe investment trust, pension
fund, an agency of the United States Govtrr.ttflt,
briar. or any otnur l.fler flnttaifY
recognized as an instItutIOnal-tYPe lender, or the
Developer r any lender rtlatd to the DevelGP!r,
holding a first mortgage on a Unit or Units, Or
any entity bolding a construction flDrtga9t giVt
by th Developer on the Condominium Property.
2.16 "UnitS coIl,on ElemefltC mean, those Cotfl Lie-
menu the gse of which are reserved to a certain
unit or Units tO the exclusion of other Units, as
specified in this
Declaration CSee Ethibit 3
her*to).
Reference herein to COnvnOfl ElementS
shall Include aiso all Limited CoonOfl Elements
unltfl the
tcntnt would prohDit or it 5 otheN
win expressly provided.
2.17 "Primary fltItutional First Mortgagee means the
Institutional
flrst rtgtgtt whith owns at any
time unit mortgages securing a greater aggreQate
indebtedness than I, owed
to any other Institu
tionaf Pirst Mortgagee.
2.9 Unit means a part of
the Condominium Property
which is subject tO exclusive ownership
2.19
"Unit Owner or "owner of a Unit or Owner means
the owner of a Condomifllu1 Parcel.
3. DescriptiOn of Condominium.
3.1
Identification of Units. The land has or will
have constructed thereon one .ILI4in4 containing a
total Of 45 Units. Each nch Unit is identified
by w.ntricst designAtions as show" Qa Exhibit 2
attached hereto and mad. a part hereof. The first
digit indicates the floor and the third dig.t ift—
dioates th. location of the Unit on the floor. The
Assignation aTIA types ot Units are set forth oft
Exhibit 2 attached hereto and made a part hereof.
Exhibit 3 consistSot a survey of the Land, t
,raN%iC description of the improve*eOtS located
thereon. including, but not UIÜteA to, the suiit—
mg in wbich the Units are located, and plot
pin thereof. ZxbiDit 3' together 4th thiS
DaclarItion. is stfficent in detail to identify
the CoJTfton Elements and each Unit and that:
relative locations and approximate dSiienSiOs.
There shall pass vith a Unit as appuct.naflfls
thereto (a) an undivided share in
the Common
Elements and Common Surplus; (D) the exclusive
right to a. such portions of the Ccmon ElementS
as may be provided in this Declaration, 4c) an
exclusive nsoient for the use of the airspace
occupied by the Unit as it exists at any particialar
time and as the Unit may lawfully be altered or
reconstructed from time to time, provided that an
easement in airspace which is vacated shall be
terainated automaticalZy, and (6) ne*erShiP in
the a.ssoci&tLon ad Ce) ocher appurtenances as
nay be provided iii this DeclaratiOn.
—3-
gj5392ni2OB
5.2 UnIt BoundIriss.
Lath Unit shall incUlde that
part of the rnii}diflQ canthiniflP the unit that Un
within the fotloWInQ boundaries:
(a) uor anó LwIer Boundarifl.
•tht upper an
lotr Doundarits of the Unit trial
be the
!o110Wl boundaries extended to their plM'?
,nttrstctofl with the perim*triCaT bound
aria:
(i) upr Boundaries. The horizontal paflt
3UtJI( unfinisned lower surface of the
stfl,ttUrt ce I n9.
(II) Lower Boundaries.
The horizontat pSant
f tM unriniiSd upper surface of the
concrete floor Of the U&t
(Hi) Excruson. Thpre are excluded froø all
Units the structural cOUJflWtS, supports,
ettvatOr enclosures or other structural
cIeIDeflU within a unit.
(b)
Perintrical oundarieS. The perimetrical
of the Unit ba11 be the veztC
planes of the unfinished interior snriacts of
a. walls bounding the Unit extended to their
pttltat i,.tttsettiOns with each other and with
the upper and lower boundaries.
(C) ireS. PThere there are apertures in any
6ary. including, but not liioite to,
4Mcws and doors, such boundaries ,hall be
attn4.4 to include the interior unfinished
senates of such apertures, jnc3diDg all
frameworks thereof. Exterior surfaceS made
of glass or other transparent material, end
gi ftaniug and casings therefot. shall be
inoladed in the boundaries of the Unit.
3.3 Limits Coamon Elements; The Limited Common
l.t**zits thall be as follows;
(a)
Automobile Parking Spaces. stotage SDaCet!
i!flLSoxes.
—4—
U.R.5392 ns€ 2O4'
(JJ Location sad Identification. Automobile
Zing, storage area. ena mail boxes are
restrict.d to the area. aote4 Sn Rxhibit
3 heretO.
tiM Msigtad $tce6 or Units • nob i3ntt
flail be cntttl*d to the exclusive use
cue gJ'3._
h, Ir. $tt
kg. space, aLA one aatt bcz • tft. parking
spaces and storage areas shall be numbered
numerically and assigned to Units by the
• The Itait baKes shall, be iden-
tified by Unit number and shall be assigned
by the .v.lopu.
(lii) Assignment of Additional Soaces. The
bev.IOper shalt have the right to assign
to any unit the exclusive se of one or
more parking space(s) U any exist,
which shall be in addition to the space
assigned to the Unit pursuant to subsec-
tion (Ii) above. Such assignment shall
be by separate written assignment or
Included by reference in the Deed of
Conveyance. A Unit Owner may at any
time assign any one or more of the
additional spaces so assigned to another
Unit or to the Association by a written
assigllnent recorded in the Public Rec-
brds-
Neither the Developer, nor the
AssociatOfl, may divest a unit of the
space(s) assigned to it pursuant to this
sub—Section (ii i)• The Developer shall
be entitled to keep any fee it charges a
Unit Owner for the privi lege of having
space(s) assigned to his unit pursuant
to this sub—section (ii l)• Unassigned
additional parking spaces shall
be
designated as guest parking and may be
numbered Ot unnuathered.
(iv) Nature of Assignment. An assignment of
any parlons or storage space grants only
the exclusive use thereof as a Limited
ConOn Element appurtenant to the par-
ticular Unit and does not convey any
title theretO. Any transfer, or subse-
quent assignment as contemplated above,
shall operate to transfer only the
exclusive use of such space(s). Except
as provided specifically .n 5ub—seCtIOfl
(ii) above, the parking and storage
spaces assigned to the Unit pursuant to
such sub-section (ii)
shall not be
assignable except together with the
applicabSe Unit and the
form of AsSifl-
manS of any additional parking space
given by the Developer shall so note.
fbi
3alconies. Balcordes adjacent to the
Units shall be Limited Co;non Elements
for the exclusive use of the particular
Unit to which the balcony is adaCeflt as
indicated on Exhibit 3.
—5—
ot5392vsi2O45
(C) Air Con4ttioning CoapressrS. Air condition-
thg cptessots ear, icing Units shalt be
located on the roof as indicated on Thchibit
3, and nail be X4ited Coirimon Ztem.nts
tor the use of the Units to which they ne
conrzected.
3.4 Easnta. The followifl easemeute are hereby
creat.d (in addition to any easam.zits created
wider the Act):
(a) Suoort. Each Unit shall have an easement of
support and of necessity and shall be subject
•
to an easement of support and necessity in
favor of all other Units and the Coi,oon
Elements.
(b) ISUlity and Other Services: Dralnaca.
Ease-
rnents are reserved under, through and over
the Condominium Property as may be required
-
frosit tms to time for utility and other
services and drainage in order to serve the
-
Condominium.
A Unit Owner shall do nothing
W!thin or outside his Unit that interferes
with or Impairs, or may Interfere with Or
Impair, thb provision of such utility Or
other services or drainage facilities or the
use of these easements, The Board of DheC-
torso? thi Association or its designee shall
have a right of access to each Unit and
Limited CoTillion Element for inspection and for
the purposes of maintenance, repair, and/or
replacement of pipes, wires, ducts, vents,
cables, conduits and other utility, Service
and drainage
facilities, and to the Connon
Elements encompassed by the Wilt or elsewhere -
in the Condominium Property, and to remove
any ipprovements interfering with Dr impair—
ing such faciflties or easements herein
reserved; provided such right of access,
-
except in the event of an emergency, shall
not unreasonably interfere with the Unit
osner's permitted use of the Unit and Limited
coTillion Element, and except in the event of an
emergency, entry shal I be made on not
less
than one (1) days noticeS
(c) Encroachments;
if (a) any portIon of the
CoTillion Elements encroaches upon any Unit; (tO
any Unit encroaches upon any other un,t Dr
upon say portion of the Coimnon Elements; or
(c) any encroachment shaj I hereafter occur as
as result of (I) construction Of tIt Improve-
ments; (ii) settling or shifting of the
Improvements; (iii) any alteration r repafr
to the Common Elements made by or with the
consent of the Association, or (iv) any
repair or restoration of the Improvements (or
any Dortion thereof) or any Unit after. damage
by fire or other casualty or any taking bY
condemnation or eminent domain proceedings of
—6•
oi5392put2OB
all or any portloo of any unit or the to
Eiennts, then, in any such event, a valid
easement shall exist for such encroachment
and for the maintenance of the sane so long
as the Improvements shall stand.
(d)
flares. and Egress. A non—exclusive easement
In favor of each unit owner and resident,
their ewployees and Invitees, shall exist for
pidutrian traffic over, through and across
sidewalks, streets, paths, walks and other
portions of the comon Elements as are desig-
nated and appropriate Por such easement and
use; and for vehicular and pedestrian traffic
over, through and across such portions of the
Conton Elements as from tima to
time may be
paved and intended for vehicular or pedes-
trian traffic. None of the easements speci-
fied in this subparagraph (d) shall be en-
cumbered by any leasehold or lien other than
those on the Condominium Parcels. Any such
lien •ncumberinq such easements (other thin
than on Condominliam Parals) sbi3 automat-
ically be subordinate to the rights of unit
Owners with respect to such easements.
(a) construction: Maintenance.
The Developer
(incluping its designees, coi,tractors, suc-
cessors and assigns) shall have the right, in
its and their sole discretion from time to
time, to enter the Condominium Property and
take .a II other action necessary or convenient
for the purpose of co.rnpletiflg th. construc—
ton thereof, or any part thereof, or any
Improvements or Units located or to be lo—
cats thereon, and for repair, replacement
and/or maintenance purposes where the Asso-
ciation tails
to do so, provided such acti-
vity does not prevent or unreasonably inter-
fere with the use or enjoyment by the Unit
Owners of the Condominium Prqperty.
C?) Sales ActiYIty. For as long as there are any
unsola Units, the Developer, its designees,
successors and assigns, shall have the right
to use any such Units or parts of the Coinon
Elements for model Units and sales offices,
to show model Unitsand the Connon Elements
to prospective purchasers and tenants of
Units, and to erect on the Condominium Prop-
erty s lgrs and other promotional material to
advertise units and appurtenant
Limited
Counon Elements for sale or lease.
(0) Additional Fesemerits. The Developer (so long
as it owns any Units) and the Association, on
their behalf and on behalf of all Unit Owners
(each of whom hereby appoints the Developer
and the Association as their attorney-in-fact
for this purpose)1 each shall have the right
to grant such additional electric, 9i5, other
ut%Uty or servict or ether nsaeats1 or
relocate any existing easements or drainage
facilities, in any portion of the Condominium
Prorty, and to grant access easements or
relocate any existing access easements in any
portion of the Condominium Property, as the
beveloper or the Association shall deem
necessary or desireable for the proper opera-
tion and maintenance of the Improvements, or
any portion thereof, or for the general
health or welfare of the unit Owners, or for
the purpose oç carrying out any provisions Of
this Declaration or otherwise, provided that
—7—
u5392 n 2047
such- easements or the relocation. of existing
easements WIll not prevent or unreasonably
(nttrtert with tin reasonable at of the
Units and Linhited Conynon Elements for dwell-
ing and intended uses.
k. Restraint Doon SsDqratiofl and partition of Coniflon
nts. mu .inuiided share in the tO tiements and
—n Surplus which is appurtenant to a unit, and,
except as provided harem, the exehasive right to Lst
all appropriate appurtenant Limited Coilnon Elements,
shall not be separated therefrom and shall pass with
th. title tO the Unit, whether or not separately de-
scribed. lbs appurtenant share in the Comon Elements
and Counon Surplus, and the exclusive right to use all
Limited Cannon Elements appurtenant to a Unit, excePt
as elsewhere provided to the contrary with respect to
extra parking spaces, if any, cannot be conveyed or
encumbered except together with the Unit, the respec—
tin shares In ttte CoiuIon Elements appurtenant to Units
shill remain undivided, and no action for partition of
the Conilion Elements, the Condominium Property, or any
pert thereof, shall lie, except as provided herein with
respect to termination of the Condominium.
5. Ownershlc f Cofrrnon Elements and Conion Surolus and
y e.1fl Exoenses: Vat 'AQ tiohts.
5.1
PeSantape Ownership and Shares.
The undivided
percentage interest in vie Comon Element and
Coninon Surplus, and the percentage share of the
Coimnon Expenses, appurtenant to each unit, is set
forth in Exhibit 2 annexed hereto.
5.2
Voting. Each Unit shall be entitled to one vote
to be test by Its Owner in accordance with the
provisions of the By-Laws and Articles of Incorpo-
ration of the Association. Each Unit Owner snail
be a member of the Association.
6. Ajneneflts.
Except as elsewhere provided herein.
amendments may be effected as follows:
6.1 By The Association. Notice of the subject matter
of a proposed aendmeflt shall be Included In the
notice of any matting at which a proposed amend-
ment Is to be considered. A rtfllutiOn for tnt
adoption of a proposed amendment 1y be proposed
either by a majority of the Board of Directors of
the Association or bY not less than One-third
(113) of the meobets of the Association. Direc-
tors and members not present In person or by proxy
at the meeting consWering. the amendrflt may
express their approval in writing, provided that
such approval is delivered tO the stcretary at or
prior to the meeting. Except as elsewhere pro-
vided, approvals must be by affirmative vote of:
(a) Unit Owners owning in excess of 50% of the
Units represented at any meeting at which a
quorin has been attained and y not less than
66 2/3% of the Board of rectors ci tht
Association; or
(b) Unit Oqntr, o,micts not less than 80% of the
Units represented at any meeting at which a
quorum has been attained; or
—8—
-
OJ.53 $2 2048
(c) 100%.? UI. Io.rd of Directors; or
(d) Not less than 50% 0? the entire membership of
the Soard of Directors
iT the CUt Of amend-
•$ents to the section hereof entitled "Insur-
Ut. or DthtF sections that ire reasonably
required by insurers or the Primary Institu—
tiortal First Mortgagee.
6.2
gym. Developer. The Developer durinq the tinte
in control of the Soard of DIrectors of the
npocfatEon, may amend the Declaration, the Arti-
cles of Incorporbtion or the Sy-Laws of tili Asso-
ciation to correct an omission or error, or effect
any other amendment, except that this procedure
for an.ndmant cannot be used if uGh an amendment
wouW, U the reasonabl, opinion of the D.veoper,
adversely or materially affect property rights of
Unit Cners, intess the at feted unit Owners
consent in writing. The execution and recording
of any amendment by the Developer pursuant hereto
shall be conclusive evidence that the amendment
does not materially adversely affect property
rights of unit Owners who did not join in or
consent to such execution, and any such amendment
shall be effective as provided below
unless suDse—
quently rescinded.
6.3
-
Execution and Recording. Mi amendment, other than
amtts crude by tt Dive loper alone pursuant to
the Act or this Declaration, shall be evidenced by
a ctrtif;cate of th
Association which flail
include recording data ;dentlfying the peclration
and spat be executed
in the form required for the
execution of a deed. Mlendments by the Developer
must be evidenced in writing, in recordable form,
but a certificate of the Association is not re-
quired. An amendment of the Declaration is effec-
tive ',i.n properly recorded in the public records
of the ouflty.
6.'.
Proviso. Unless otherwise provided specifically
to at. contrary n this Declaration, no amenda'ent
shall china the confl9uratiOfl or size of any
Unit, miterial ly-aiter or mcdliv the appurtenances
to any Unit, Or change the percentage by which the
Owner of a Unit shares
the CcmI0n Expenses and
otns
the Conmon Elements and Coflnofl
Surplus,
unless the record Owner(s) thereof, and all record
oivner, of mortgages or other liens thereon, shall
join In the execution of the amendment. No amend-
ment ay be adopted which would ttiThsfiat*, modify,
prejudice, abridge or otherwise adversely affect
any rights, benefits, prIvileges r priorities
granted or reserved to the Developer or nortgagtes
of Unite without the Consent of said DeVQ loper and
mortgsgees In each
Instance; nor shall an amend-
mint mike any change
in the sections hereof en-
titled tlnsurancea, Recofl$trI,ction or Repair
after Cesuilty,
or
condenmation unless all
institutional First ortpagees i4iose mortgages are
of record shall join In the amendment.
7. Maintenance and Regain.
7.1. Un s, All maintenance. repairs and replacements
o , nor to any Unit, Including, without I imita-
tion, m.Int.nance, repair and replacement of
screens, glass, windows,
the interior side of the
oj5392 em 2049
entrance door and all other doors within or
affording access to a Unit and the electrical,
pluuibing. heatng and air—conditioning equipment,
fixtures and outlets, if any, within the Unit or
located outside of a Unit if servicIng only that
Unit shall be performed bY the Owner of $UCh Unit
at tile Unit Owner's sot, cost and expense, except
,t ,t"e•wl,'.
Jd to he rrary
herein, and she 0e miot in acwrC.nit ,ith tnt
orluinal plans and specifications therefor oral
othenylse directed by the *ssoci.tiofl.
If floors
and/or walls of elevator
hobbies, which are
Ltiuited CoIofl Elements are decorated beyond
building standard, other than wall paper or main-
tnnct fret wall covering, and carpeting, the
extra decorations of such elevator lobby shall be
maintained by the Unit Owner or Owners causflg
• such decorations.
7.2 Co,non EIemflt. Except tO the extent (I) ex-
pressly provsded to the contrary her&n, or (ii)
proceeds of insurance art made aval able theref or,
alt vaintenlnct, repairs and reIaGettntS in or to
tim CoiTnon Elements and Limited Cooiiion Elements
(other than Umitid co,mon Elements as provided
above) shall be performed by the Association and
tTe cost and expense thereof shill be charged to
all unit Owners as a ConYnOn Expenses except to the
extent arising from or necess,tatsd bt the negl
qence, misuse or neglact of specific Unit Owners,
in wttich cast such cost and expense shall be paid
solely bY such Unit Owners.
8.
AdditionS, Alterations or improvements by the Associa
sian- Whenever In the judgment 01 the Board of Dlrfl—
tori, the Coi*Mn Elements, or any pert thereof, shall
require capital additions, alterations or improvements
(as distinguished from repairs and replacements) cost-
ing in excess of $10,000 in the aggregate in any cal-
endar year, the Association may proceed with such
additions, alterations or improvements only if
the
making of such additions, alterations or improvements
shall have been approved by a majority of the Units
represented at a Meting at which a quortn Is attained.
Any such additions, alterations or lmprovementS to such
Cation ElemtntS or any part thereof, costing in the
aggregate $IG,000 or less in a calendar year may be
made bY
the Ass4catiGfl without approval of the unit
Owners. The cost and expense of any such additions,
alterations or hprovemtntS to such CoInOn Elements
shall constitute a part of
the cognon Expenses and
shall be assessed t the Un I t esners as COl%Ofl
Expenses.
9 Additions. Alterations or Improveruents by Unit Owners.
Consent of tht Board of Directors •
00 Unit Owner
(other than the Developer) shall make •ft addition,
alteration or improvement in or to the Carton EZeinent.,
his Unit or any Limited Coi*OIt Element without the
prior written consent of the AssoCi*tiOfI. The oard
shall have the obligation to answer any written request
by a Unit Owner for approval of such an addition,
alteration or improvement in such Unit Owner's
O.K. 5 3 9 2
20 50
Unit Sr tI•Ited Con Efam,tS within thirty (30) days
after such request and all additional informatiort re-
quested is received, and the faflurt to do so Within
the stipulated time shall constitute the Boards con-
sent.
-
All idditions, att,ntlons and Improvements b
the Unit Owners, whether or not consent of the Board a
Directors Is required, shall be made in cc.,pl lance with
efl
I %W roi..• .p! n,nr. and
0y
goverrui*fltal authorities having Jurisdiction, and with
any conditions Imposed by the Association with respect
to design, structura.l integrity. aesthetic appeal, con-
struction details, lien- protection or otherwise. A
Un,t Owner making or causing to be made any such addi-
tions, alterations or tmpravim.nts shill agree and be
deemed to hive agreed1 for itself, and Its heirs,
personal representatives, successors and assigns, as
appropriate, to hold the Association and all other Unit
Owners harmless from any liability or damage to the
Condomlnn,m Property and expenses arising therefrom,
and shall be solely responsible for the maintenance,
repair and insurance
thereof from and after that date
of instal latkn or construction thereof, as may be
required by the Msocat%on.
10.
Changes in D.velootr—Qwned Units. the restrlctons of
paragraph 9 aDove, snail not apply to te Developer
with respect to Developer owned Units
The Developer
shall have tile right, without the vote or consent of
the Association Qr unit Owners, to (I) make altera-
tions, additions or Improvements in, to and upon Units
owned by the tveioper and tha Lildted Co.t.Dn Iements
appurtenant
thereto whether structural or non-struc-
tural, interior or exterior, ordinary or ex;raor4inary;
(ii) change the layout or number of rooms in any Devel-
oper—owned Units; (iii) change the size and/or number
of Developer-Oiined units by subdtviding c4e or more
Developer-owned Units into two or more separate Units,
combining separate Developer-Owned units (including
those
resulting from such subdivision or otherwise)
into one or more Units, or otaerwise1 and (lv) re-
apportion among the Developer-owned units affected by
such chanqe in size or number pursuant to the precedng
clause (iii) their appurtenant interest in the ConOn
p .in.nt. and share Of tfl Coitnon Surplus and Ccon
£XpeflSes; provided, however, that the percentage inter—
•st In the Comon Elements and share of the ConyiOfl
Surplus and Comon Expenses a? any Units (other than
Developer—Owned Units) shall not e changed by reason
thereof unless the owners of such Units flat I consent
thereto and, provided further, that Developer shall
comply with iii laws, ordinances and regulations 9f all
governmental authorities hiving jurisdiction
fl 50
doIng.
In making the above alterations, additions and
improvefitents, the Developer may relocate and alter
COiTNIIOO Eiemtnts adjacent to such Units, provided that
such relocation and alteration dofl not materially or
adversely effect the market value or Ordifl5ry use of
units owned by unit Owners other than the Developer.
Any amendments to th;s DecIarPtiOO required by actions
taken pursuant to U, i s paragraPh 10 may be effected by
the Developer alone arid if an amenSient to the Declara-
tion is required to effect such things, only the Devel-
oper need execute such amendlcnt to effect such change
upon the
recording
thereof. Without
I Alit 09 the
flnerality of Section 5,It hereet, the provisions of
this Section ay not be added tO, amended or deleted
without the prior written consent of the Developer.
ii. attrition of the Condomh,um by the Association; Powers
nd gates. The AssoC.tiofl shall e the entity
—11-
ei539nsj2O51
sonslbls for-. the operation of the Condc&flUm. The
powers and duties cf the Association shall include
those sit forth in the 9y—Laws and Articles Of
lflcorPC
ratlo of the Association (respectively, Exhibits '. arid
5 annexed hersto), as amended from time to time.
In
add!tion, the AssociatiOn shalt have all the powers and
duties set forth In the Act, as well as all powers and
duties granted to or itpostd upon it by this fda-
ration,
including, without limitation:
(a) Th Irrevocable right to have access to each Unit
from time to time during reasonable hours as may
be necessary for the maintenance, repair or re-
placement of any Comi,on Elements therein, or at
any time and by force.
If necessary, for making
emergancy r;p:r: therein necessary to prevent
damage to the Cortnofl Elements or to any other Unit
or units, or to determine compliance with the
arms and provisions of this Declaration,
the
exhibits annexed hereto, and the rules and regula-
tions adopted pursuant to such documents, as the
same may be amended from time to time.
(b) The power to make and collect Assessments and
other charges and surcharges against unit Owners
and to lease, maintain, repair and replace the
Coniuon Elements.
(c) The duty to maintain accounting records according
to good accounting practices, which shall bi open
to Inspection by Unit Owners or their authorized
representatives at reasonable times.
(d) The power to enter into contract with others
(.thttMr or not affiliated with the Association or
Developer), for a valuable consideration,, for
aainttnaflce and management of the condominium
Property, and, in connection therewith, to dde—
te the powers and rights herein contained,
including, without limitation, the making and
collecting of Assessments and other charges
against Unit ners, and perfecting liens for
non-payment thtteot.
Ce) The power
to borrow money, execute promIssory
notes end other .yid.nces of Indebtedness and to
qIve as security thereto' mortgages end security
interests in property owned Dy the Association.
provided that such actions are approved bY a
majority of the entire membership of the Board of
Directors and of the units represented at a meet-
ing at which a 4uorun has been attained, or by
such greater percentage of the Board or Un,
Owners as may be specified in
the By-Laws with
respect to certain borrowing.
(f) Subsequent to the recording of this Declaration,
the Association, when authorized by a majority of
the Units represented at a meeting at Much a
quorum has been attained, shall have the power to
acqul re and enter into agreements for the acquis; -
tion of fee Interests, leaseholds, memberships,
and other possessorY or use interests in lands or
facilities including, but not limited to, country
clubs, golf courses, marinas and other
atlanat facilities, whether or not contiguous to
the
lands of the Condominium, Intended to provide
for the use or benefit of the Unit Owners. The
expenses of ownership (including thi expense
of
—12—
tL5392n2O52
akIng am carrying any .ortqag. related to such
ownership). renta, membership fees, operation,
repi .catnts and other upenses and uredertakinas
Ui connection therewith she! I be Conynon Expenns,
(g) Th. power to adopt and amend rules and regulations
covering til, details of the operation and use of
t Coaña!Th%Jm PropertY.
-
in the event of conflict between the posers and d%aties
of the Association or otherwise, the Declaration shall
take precedence over the Articles of Incorporation,
By—Law. and applicable rules end regulations; the
Articles of Incorporation shall take precedence over
the By—Lws end appflcable rules and regulations; aiid
the Sy-Laws shall take precedence over applicable rules
end regulations, all as atnded from time to tInS
12.1 Lintltation Un Liability of Association. Notwith
stanputg tae duty Of the Association to n,a$ntairl
and repair parts of the condominium Property, the
AssocIatIon shall not be liable to Unit ownen It
injury or damage, other than for the cost of
maintenance and repair, caused by any latent
condition of the Condominium Property nor shill
the ASSoCifltiOfl be liable for injury or loss of
Unit Owner property in Units or Limited Connori
£ laments.
11.2 Restraint Upon Assignment of Shares in Assets. Ibi
share of a unit Owner in the funds and assets of
the Association cannot be assigned, hypothkated
or transferred in any manner except as an appurte-
-find
tO his Unit which shall be automatic upon
-
transfer of the Unit.
11.3 AorovaI or Disaoøroval of Matters. Whenever the
dec,SiOfl or a unit G4,er Is
required upon any
matter, whether or iot
the subject of an ASSOCI3
tion meeting, that decision shall be expressed by
the same person who would cast the .Dtt for that
Unit if it an Association meeting, unless the
joinder of record Owners is specifically reqired
by this Declaration or by law.
11.'. Acts of the Asiociation. Unless the approval or
action or unit ,ers, and/or a certain specific
percentage of the Board of Directors of tht Mn-
clation, 1$ specifically required In
this Dcc—
larstion. the Articles of Incorporation or By.Laws
of the Association, applicable rules and regu-
lations or applicable
law,
all approvals or
acti ons required or permitted to be gh'en or taken
by the Association shall be given or taken by the
Board of Directors, without the consent of unit
Owners, and te Board may So approve and act
through the proper officers of the AssocIatiOn
without a specific resolution. iThen an approval
or action of the Association is permitted to be
given or talcen hereunder or thereunder, siath
action or approval may be conditioned in any
manner the Association deems appropriate or the
Association may refuse to taRe or give such action
or approval without the necessity of establishing
the reasonableness of such conditions or refusal.
12. Determination of Coinn txpensts and Fhc1m9 ef
ments mereYor.
Tfla Soara 0? Directors SM! from time
to time, and at least winually, prepare a budget for
—13'
oi5Z92 st 2053
the Condomintum, determne the aitount Of Assessments
payable by the Unit Owners to meet the ComilOn Expanses
of the Condominlin and allocate and assess such ax—
pinses among the unit Owners In accordance with the
provisions of this Declaration and the By—Laws. The
mM of DIrectors shall advise all Unit Owners prompt-
h' in writing Of the amount of the Assessment payable
DY each of them as detemined by the Board of Directors
a, aforesaid and sMfl furnish copies of eath budget,
an wftlch such AssessmentS are based, to all Unit OQners
end (If required In writing) to their respective fort—
gaees. The CoAron Expenses shall include the expenses
Of the operation, maintenance, repair and replacement
at
the CoI!uoft £tttents costs of carrying out the
powers end duties of tcle Association and any other
expenses designated as COITIIIOII Expenses by the Act, this
Declaration, the Articles of )ncorDoratiofl or Ry—Laws
of the Association, applicable rules and regulations or
DY the Association. Except as provided by
law, any
reserve funds or special assessments may be u5ed as the
3oard shall determine from time to time and need not be
ristrcttd to replacements or other expenditures except
that such funds shall be lept in accounts segregated
from general maintenance collection if required to
usun non—taxability 0? such funds.
Any %udgtt
adopted shill be subject to change to cover actual
expenses at any time. Any such change shall be adopted
consistent with tha provisions of the By—Laws.
3. Collection of AssetfltfltS.
13.1 L,iabi ty for Assessments. Except as provided in
paragraph Z3. nereot
regarding nstitutonal
First Mortgagees, a Unit Owner, regardless of how
title is acquired, including a purchaser at a
judicial sale, shall be liable for all Assessments
coming due while he is the Unit Owner.
In a
voluntary conveyance, the grantee shall be jointly
and severally liable with the grantor
for all
unpaid Assessments against the grantor up to the
time of the conveyance, without preJudte to any
right the grantee may have to recover from
the
renter the amounts paid by the grantee. The
liability for Assessments may not be avoided y
•
waiver of the use or enjoyment of any Cojuhlon -
Elements Ot by the abe.ndorflflt of the unit for
which the Assessments are made or by any other
method.
13.2 Default in Pesat of jsessnients f or coimlon E,ç—
pensfl. *s,esentS and inns I Iments thereof not
paid within ten (10) days from the date when they
are due shall bear interest at the highest lawful
rite In effect In the state ot Florid, at the time
for the lending of money,
from the due date until
paid.
The Association has a lien on each Condo-
minium Parcel for any upaid Assessments on such
Parcel, with Interest and for reasonable attor-
ney's fats and cons Incurred by the Association
incident tO the collection of the ssessment or
enforceiTient of the lien.
The lien is effective
fron and after recording a claim of lien in the
public Records of the County, stating the de-
scription of the Condominium Parcel, the name of
th, record Owner, the amc&iflt due and
the due
dates.
The lien Is in effect until all sums
secured by it have been fully paid or until barred
DY law, the claim of lien includes only Assess-
ments which are due Then
the claim is recorded. A
•1-
OR. 5 292 n@i20 54
claim of
lien sisal I be signed afid nknawledqed by
an officer
or agent of the Association.
Upon
payment. the person makint the payment is entitled
to a satisfaction of the lien. The Association
may bring an action
in its name to
foreclose a
I Ian for unpaid Assessments
In the manner a mort-
gag. of real property .1) icreclosed and may also
bring an :tt,tn :t is,, St
r?y judgwitnt
for
the unpaid Assesilnents without waiving any
c,m of lien.
13.3 Notice of Intention to Foreclose Lien.
No fore-
closure Of juGgment may 8 entered until at least
thirty (30) days after the Association gives writ-
ten notice to th. Unit Owner of its intention tø
foreclose
its lien to collect the unpaid Assess-
ments unless a shorter period is permitted DY law.
If ttils noUce is not given at east thirty (30)
- days or such shorter period al owed by law, before
th. foreclosure action is filed, and if the unpaid
Assassffltflt3c
including those Coming due after the
claTh, of hen is recorded, are paid before the
entry of a final judguilent of foreclosure, the
Association shall not recover attorneys fees or
costs, the notice must be given by delivery of a
copy of it to the unit Owner or by certified mail,
return receipt re4uested, addressed to the Unit
Owner.
If after diligent search and Inquiry the
Association cannot find the Unit Owner or a mail-
ing address at which the Unit Owner will receive
the notice, the court may proceed with the fore-
closure action and may award attorneys fees and
costs as permitted by law. The notice r,uire-
#entS of this subsection are satisfied if the Unit
Owner records a Notice of Contest or Lien as
provided in the Act.
ILk
.ADothtmtflt of Receiver to Collect Rental. It the
unit Owner remains
It possession 01
the Unit and
the claim of lien is foreclosed, the court, in its
discretion may require the Unit Owner to pay a
reasonable rental for the Unit and the Association
Is entitled to the appointment of a receiver to
collect the rent.
13.5
InstitutiOnal First Mortgagee.
in the event an
institutional First ortqagee or other purchaser
at foreclosure sale sh*ll obtain title to the,Unit
as a result of foreclosure of an
Institutional
First ldortgage, or as a result of a deed given in
lieu of foreclosure, such Institutional First
Mortgage., or purchaser, shall not be
liable for
the share of Coution Expenses or Assessments or
other charges wostd by the Association pertain-
ing to such Condomifliln Percel or chargeable to
the former Unit Owner of such Condominitn,ParCtl
which became due prior to acquisition of title as
a rnult of the foreclosure sale or the acceptance
of such deed In lieu of foreclosure, unless such
share is secured bY a claim of lien that is rec-
orded pror to the recording of the foreclosed
mort..
such unpaid share of COnTIOn Expenses or
A$SeSSlTItfltS or other charges shill be deemed to be
Comon Expenses collectible from all of the Unit
Owners,
including
such acquirer,
and
such
acquirer's successors and assigns.
13.6 Oevelopers Liability for Assessments. The Devel-
oper shall be excused from the payment of the
—15-
o15392 pisi O55
share of th* cannon Expenses and Assessments
relating to Units It Is offerinG for salt, for a
period beginniflo with the recording of this Decla-
ration and continUifl9 until (I) the expiration of
12 months from and after the at* of conveyance of
record of the first Unit *0 be conveyed to a Unit
Owner other tflart the Developer, or (ii) until the
date of th first meeting for the election of a
sajoraty ol DLx inLt,rS tf
otfl t1e .J:
Developer; whichever occurs sooner. During sUCfl
period Developer will pay to the Association the
amount by wt I cti the Ccimvcn flratnseS. If any,
Incurred during that p.rlod exceed the assessments
against Unit Owners othet
than the Developer,
.ssefled at the tmOUflt indicated H. the Estimated
operating Budget, for the Association attatned
ereto as Exhibit $ and made a part hereof.
Thereafter, tIle Developer shall b oDlIQbtS tO
ply the shire of Conofl Expenses and Assessments
attributablt to Units it owns.
13.1 possessiOn of tJnt. my person who acouirCS an
,ThttCefl
in a Unit (except institutional First
or purchasers through foreciOstJrI of a
first nortØtQS of record (or deed In lieu there-
of)) including without limitation, persons acqulr
trig title y operation of law, that I not be en-
titled to occupancy of the Unit or enjoyment of
the coaoii Elements until such tim
as ati unpaid
As5tSsffitntS and other charges due and owing by the
former ijnt Dwntt, if any, have been paid.
13.8 Certiflcate of unpaid Assessments. Any Unit Owner
ma mortgagee of a Unit nasThfii right to require
from the Association a certititne sboWin the
amount of unpaid Assessments with respect to the
Unit owned by such Unit Owner OP mortgaged to auth
mortgagee.
-
m,.
insurance. tnsuraflce covering portions of the Con40
min,ui,EPrOP*rtY shall be governed by the folIowifl
prOVisDflSt
Ih.1 rha5t. Custody and paen.
(a) Purchase.
AU insurance policies desCried
Ilirein covering portions of the 000dOini flILIJU
Property shall be purchased by the A550c1a
tion and shall be issued by an
insurance com-
pany authorized to do busineSS n Florida.
Cb) AogrOj.. Each insurance
policy, the 5QtflC
an complfly Issuing the policy and the Insur-
ance Trustee (if appointed) hereinafter de
scrbed shall be subject to the approval
the Primary institutional First
Mortgagee In
the first instance.
(c) Hand insured, the named insured shal I
be
the *ssoCiatiO'L individually,
and as agent
for .1TCrS of Untts covered by the policy,
without naMInQ them, and as
agent for their
mortgagtes, without na&ng them. The Unit
Owners and their
mortgage shall be add'-
tioflal insureds.
(a) CustO
of policies and Pa.dmtflt Cf Proceeds-
? : insurrthat r5Id
to.
—16-
OiS3D2pici 2056
tale lnurWC. Trustee O appointed), and U I
policies and endorSSThtfltS thereto shall be
deposited with the linuraflct Trustee (if
appointed).
(a) coDies to )iortpaOIbS. One copy of each in—
suririct 0011ev. or
certificate evidencing
C
'tS therflO,
shill be furnished by the AssociatiOn upon
rvest to each natitucional First Nortgagee
w)1o holds a mortgage upon a Unit covered by
the policy. Copies or certlflcatas shall be
furnished not less than ten (10) days prior
to the beginning of the term Of the policy,
or no; Ins than t,n (10) dayS prior to the
•xifltiOO of each preceding policy that Is
being renewed or replaced, as appropriate
(1') PenoflIl Property and Liability. Unit Owners
may ODtaifl nsurancl coverage at their own
ngInst and at their own discretion upon the
property lying within the boundaries at their
Unit, and tnt Limited Comon Elements IP•
pprteniflt to that Unit, iflclUdiflg, but not
Iiatqd to, thtir personal property, and for
thur personal liability and livinG expenses
•4 for any othtr riscs.
1½.2 Covera!. The P.ssocat%Ort shall maintain insur-
ance covering the fOlIOWifl
(a) calSalty. The Building (including all fix-
tures. ,n5ta&tiOfl$ or additions ccmp1tifl9
that part of th Buildifl9 within the bound-
aries of the Units initiafly instatled, or
replacements
thereof, in accordance with the
original p'ans and specifitations therefor,
but excluding all furniture, furnishings or
other personal property owned, suppl ted or
installed by Unit Owners or tenants of Unit
Owners) end all Improvements located on the
Cr100 Elements trail time to time, together
with a i service machinery contained therein
(aUoctiYelY the "Insured PropertY), shall
be insured in an amount not Ins than 106% of
tile full insurable replacement value thereof,
excludinQ foundation and excavation costs.
Such policies may contain reasonable deducti-
ble provisiofli as determined by the Board of
Directors of the AssociatiOn. Such coverage
shell afford protefliOfl agtiflSt
(I) !fl! or Damage by Fire and other Hazards
covered by a standard extended coverage
endorsement; and
(Ii) ffl Other Risks as from time to time
are customsi1vcOYertd with respect to
uildinqs and improvements similar, to
the
insured property in construction,
location and use, including, but not
limited to, vandalism and malicious
mischief.
(b) Liability. Comprehensive qeneral public
lie-
Sflltv and alatC4RO*ilt I,ability
Insurance
csvtrlng loss or damage resulting fro.n acci—
daflts or occurrences on or about or in con-
nection with the
Insured property or adjoin
—17—
O.L539p 2057
ing driveway; and walkways, or any work,
wetters or
tnlngs ri lated
to
the insured
Property, with such coverage as shall be
required by the Board Of Directors of the
AuocuatiOO, but with combined single limit
liability of not less than $l,OOO,OO and
$100,000 property dama9t, and with a cross
liability endorsement to cover liabilities of
tha gt CM'71rr: 3S 3 grtn tt ty V!t Otitie!,
and vice versa.
(a) Vorlcmen's enaation and other TftlndatOl7
Stisuranc.. when appliaab)a.
(4) Flood D4 Windstorm InnranCe. if required
by the Priaary Institutional First xortqagee
t if the association so e1.ects.
(a) Fidelity Insurance covering all
directors.
officers and employees ot the Association and
managing agents who bandit Association funds.
(f) Such Other Insurance as the Board of Direc-
tors or the Association shall determine from
time to time to be desirable.
m.n appropriate and obtainable, each of the fore-
Oifl policies shall WAIV, the iflsurer!S right to!
(I) subrogation against
the
Association and
against the Unit ogners tndividuSlIY and as a
group, (ii) the clause that reserves to the in-
surer the right to pay only a fraction of any loss
in tite event of co—insurance or if other
insurance
carrier; have issued coverage upon the saint risk,
and (lii) avod liability for a loss tflt iS
caused by an act of the Board of Directors of the
AssociAtion, or by a member of the Board of
Directors of the Association Or by OflC or more
Unit Owners.
14.3 AddiciOflal ProvisionS. Al P pOI cies of physical
dange insurance shall provide that such policies
may not b cancelled or
substantially modified
without •t least ten (to) days prior written
notice to all of the named insured;,
including all
rnortgagees of units, prior to Obtaining any poI
icy of casualty insurance or any renelfal thereof,
the Board of Directors shall obtain an appraisal
from a tire insurance company, or other costent
appraiser, of the full insurable replacement value
of the Insured Property (exc I us lye of founda
tions), without deduction
f or depreciation for
the purpose of determining the amount of insurance
to b effected pursuant to this Section.
II. ,ts Premiums. Premiums upon insurance pol cies pur-
ThiIed by the Association shall be paid by the
Association as a comon £,ense. except that the
amount of increase in the premium occasioned by
nistal•, occupancy or abandonment of any one or
more Units or their appurtenances or of the Co.iOn
Elements by particular Unit Owners
shall be as-
sessed against and paid by such OntrS.
preltIuw%s
may be financed in such manner aS the
Boird of
Directors deems appropriate.
Ik.5 InsuranceTrustee; Share of Procee4.
Alt insur-
ance poluce$ obtained by the Association sTatl be
for the benefit of the AssociatiOfl, the Unit
o15392 2058
Ointrs and their morta;ees, as theIr respective
int.r.sts may app.ar, arid shall provide that all
proceeds covering property losses shall be paid to
the insurance trustee wlic% may ba designated by
the Board of Diractors and which,
if so appointed,
shall be a bank, or trust coirpany
in Florida with
trust powers, with its principal place of busr,ess
In the County. The ln.uraflce Trustee (If aooint-
*0) shall not be Habit for payment of premiums,
nor
for the renewal or the sufficiency of poll-
des, nor for the failure to collect any insurance
proceeds. The duty of the Insurance Trustee (if
appointed) shell be to receWe such proceeds as
are paid and to hold the saiue in trust for
the
purposes elsewhere stated herein, and for the
benefit of the Unit Owners and ther respective
mortgagees in the following shares, but which
shares need not be set forth on the records of the
Insurance trustee;
(a) __________________
Insured Property.
Proceeds on account of
dage to the insured Property shall be held
in undivided shares for each Unit Owner, such
shares being the saute as the undivided shares
in the Cannon Elements appurtenant to each
Unit, provided that if
the insured Property
so damaqes includes property lying within the
boundartts of specific Units, that porton of
the proceeds allocable to such property shall
be held as if that portion of the Insured
Property were Optional Property as described
In paragraph (b) below:
(b) pjonaI Property.
Proceeds on account of
damage solely tO Units rid/or certain por-
tions or all of the contents thereof not
included in the Insured Property (all as
d.termined by
the Association
in its sole
discretion)
(coIectivtly
the Optional
Property"). if any is collected by reason of
optional
nsurance which the Association
elects to carry
thereon (as contemplated
herein), snaIl be held for the beneflt of
ewners of units or other portions of the
Optional Property damaged in proportion to
the cost of repa ring the damage suffered by
each such affected
Owner, which cost and
allocation shall be deterunned in the sole
discretion of the AssociatiOn.
(C) Mortoaets. No mortgagee shalt have any
Njfit to determine or participate in the
determination as to whether or not any dam-
aged property she I
be reconstructed or
repaired, and no mortgagee shall have any
right to apply or have applied to the reduc-
t;on DI a mortgage debt any insurance pro-
ceeds, except for actual distributions there-
of made to the unit Owner and mortgagee pur-
suant to the provisions of this Declaration.
14.6 Dstributiofl of Proceeds. Proceeds of insurance
polic,tS received y the tnsurance Trustee (if
appointed) shall be distributed to or for the
benefit of the beneficial o,mers thereof in the
following manner:
(a) Expenses of the Trust.
All expenses of the
insurance Trustee gf appointed) shsl I be
first paid Qr provision shall be made there-
f or.
—19—
tt53 92 20 59
(b) Reconstruction or R,,alr.
ii tht dregS
property tor
tnt proceeds are paid is
to ba repaired or recoflstflict;d. the remain—
li-g proceeds shall be paid to defray the cost
thereof as •9mdlre provided herein. My
proceeds rem.lnIfl after defrayiny such costs
:hl! b: d3:trlbuted to the beneficial owners
thereof, remittances tO Unit Owners and their
mortgagfls being payable jointly to then.
(c) Felluri to RtcttUCt or tepair.
If
It is
deterililneC In e manner elsewhere provided
that the damaged property for which the pro-
ceeds are paid shall not be reconstructed or
repaired, th remaining proceen shall be
allocated amonG the beneficial owners as pro-
vided in S.ctk* 14.5 above, and distributed
t;rst to all Institutional First Mortqagees
in in amount sufficient to pay off their
mortgages, and the Dalance, if any, to the
beneficial ownera.
(d) certificate. InnkiflQ distributions t* Unit
and their mortgigeSS, the Insurance
Trustee (It aonttd) may rely upon a cer-
tificate of the AssociatiOn made by its
President and Secretary as to the names Of
the Unit Owners and their mortQlQeeS and
their respectivl shires of the distribution.
1.7 .ASIOCIStIOfl a AQeflt. ma Association
is hereby
irrnotIDIy apponttd as agent and attOrney-in—
fact fO each Unit M'ar and for each owner of a
mortgage or other lien upon a Unit and for each
owner of any other intarest in the Condominium
Property to adjust all claims arising un4er insur-
net policies purchased by the Association and to
execute and dcl Yr releases upon the payment of
claims.
14.3
Owners Personal Coverage, unless the Asia-
cjfl,OA tints otneniSe. the insurance purchased
bY the Association shall not cover claims against
an Dwner due to accidents occurring
within his
Unit, nor casualty or theft loss to the contents
0 an onerS Unit. It shall be the obligation of
the ndividMal unit Owner, if such Owner so
desires, tO purchase and pay for insurance as to
I such and other risks not covered by
Insurance
carried by the AssOciltiDA.
J4.9 Øeneflt of Mortoagfla. Certain provisions in this
3ectloD 1 entitle6 9csuViflCt are for the bene-
fit of mortgagees of Units and may be enforced by
such iinrtgagies.
14.10 InsuranCe Trustee. The Board at Directors of the
AiitcIStiOfl shall have the O9tIOfl
in its discre-
tion of appointing iii Insurance trustee hereunder.
If the AssOclatiOtI fails 01. eleCts not to appoint
such trustee, the Association will perform dir-
ectly all Obi igatloos imposed upon such trustee by
ttds Declaration.
15. ReconstructiOn or Repa;rAfter Fire or Other Casujjfl.
15.1 Determination to flwstrUct or Repair.
In the
event of magi a or c,structlon or the insured
—20—
Q.R.5392 PIG! 2060
Property (and the Optional Property, if insurance
has been Obtained by the Association with respect
thereto) as a result of fire or other casualty the
Board of Directors aba!! arrange for the pro4lpt
repair end restoration of the Insured Property
(and the Optional Property,
if
insurance has been
obtained by the AssociatIon with respect thereto)
vw :r.surcg Trust:s (if appinted) st,al(
disburse the proceeds of all insurance policies to
v. contractors engaged in such repair and re-
storation In appropriate progress payments except
that (I) If 75% or more of the Insured Property
(and the Optional Property, if insurance has been
obtained bY the Association with respect thereto
Is destroyed or SubStantlaflV damaged and (ii
Unit Gimers owning 80% or more of the applicable
interests hi the Conoon Elements elect not to
proceed with repairs or restoration and (iii) the
Primary
Insti tuti coal First Mortgagee approves
such election; then the repair and restoration
shall not take place.
if (I) 75% or more of the
Insured Property (and the Optional Property, if
Insurance has been obtained by the Association
with respect thereto? s substant1aJy damaged or
destroyed and (ii) if Unit Owners owning 80% of
the applicable interests in the coavnon Elements
duly and promptly resolve not to proceed with the
repair or restoration thereof and (iii) the
Primary Institutional First Mortgagee approves
such resolution, then the Condominium Property
will not be repaired and shalt be subjtCt to an
action for partition instituted bY the Associa-
tion, any Unit Owner, mortgagee or lienor, as if
the Condominium Property were owned in COnhIlOfl, in
which avant the net proceeds of
insurance result-
1119 from such daaage or destruction shalt be
divided among all the Unit Owners in proportion to
their respective interests in the Colimlon EemtfltS
(with respect to proceeds held for damage to the
Insured Property other than that portia,, of the
Insured Property lying within the boundaries of
the unit), and among at?tct.d Unit Owners in
proportion to the damage suffered by each such
affected Unit Owner, as determined in tne sole
discretion of tnt Association (with respect to
proceeds held for damage to the Optional Property,
It any, and/or that portion of the Insured Prop-
•rty lying within the boundaries of the Unit);
provided, however, that no paIent shall be made
to a Unit Owner until there has first been pad
of? out of his share of such fund all mortgages
and liens on his Unit in the order of priority of
such mortgages and Uens. Whenever in this Sec-
tion the words "promptly repair" are used, it
shell mean that repairs are to begin not more than
sixty (60) days from the date
the Insurance
Trustee (if appointed) notifies the Board of
Directors and Unit Cwnbrs that it holds proceeds
of insurance and special assessment proceeds if
requited on account of such damage or destruction
sufficient to pay the estimated cost of such work.
The Insurance trustee (if appointed) may rely upon
a certificate of the Association made by Its
President and Secretary to determine whether or
not the damaged property is to be reconstructed or
repaired.
15.2 plans end specifIcations, Any reconstruction or
rtpa,r must be made substantially in accordance
o.L5392rw2061
wtth the plans and specitlcationl for the Origins!
iinprovemtntfl Or if not then in accordance with
the p'ans and specIfitatlOns approved bY the board
of Directors of the Association, and if the dam-
aged property whiCh Is to be altered is
the Sul d-
ing or the Optional Property, py the Owners of not
less than 80% of the aDcIICtble intereti
Comilon Elements, as wei as tne
wut. and other portions at the Optional Property
(and their respective mortgagtes)
the plans for
tdch are to be altered.
13.3 SscIal R.sDDpalbilItY.
If the daigt is only to
0t31 parts of the Cptlonal Property for which The
responsIbIlIty of mathtenance and reflir is
that
of the respective Unit Owners,
then the Unit
Owthers Shall be rflpOnsiIt for tit necessary
reconstruction and repafr ceeds are held by the Association with respect
thereto by reason of the purchase of optional
Insurance thereon, In which cas, tim Association
shall have the respon,%b%lity to reconstruct and
repair the damaged Optional Property, provided the
respettive Unit Owners shall be individually re-
sponsible for any amount y whtch tin cost of si&ch
repair or reconstruction exceeds the insurance
proceeds held f or such repair or reconstruction on
on a unit by unit basis, as determined in the sole
discretion of the Asloclation).
In all other
tnstsnces, the responsibility for all necessary
reconstruction and repair shall be that Of
the
-
ASlOciStIOfl.
15.4 gstniate of Costs.
inmiadiately after a determifla-
lion is made to rebuIld or repair damage to prop-
erty for which the Association has the rasponsi—
DilIty of reconstruction and repair, the Associa-
tion shell obtain relisb%e and detailed estimates
of the cost to rebuild or repair.
15.5 Assessments.
f the proceeds Of the insurance are
not SuTtlclOnt to defray the estimated costs of
rbcsnstflattion and repair to be effected Dy the
Association, or if at any tim. during retonltruc
- tion and repair, or upon completion of reconstrUc-.
tio and repair, the funds for the payment of the
costs of reconstruction and repair .rc
insuff i—
clint, Assessments chili be made against the unit
Owners in sufficient amounts to provide funds f or
the payment of sud costs. Such •ss.ssments on
account of amige to the Insured Property thai I be
In proportion to all of the Owners' respective
shares in the Conaor, giepnents, and on account of
ding. to the Optional Property, in proportion to
the cost of repairing the damage suffered by each
Owner thereof, as det.flTtlned DY the AssocIbtiOfl.
35.$ Construction Funds.
The funds for payment of the
costs of recor.structiofl and repair, which shall
consist of proceeds of insurance held by
the
Insurance Trustee ci? appointed) and
funds Col-
lected by the Association frofil Assessments aqaiflst
Unit OIkIners, shalt be disbursed
In payment of such
• costs In the tot
manner:
(a) Association.
If
the total Assessments made
by the AssacistiGn
in order to provide funds
for payment of the costs of reconstruction
and repair which are the responsibility of
tR5392ps€2062
the AssociatiOn are more than $10,000.00.
then the sums paid upon such MsessmefltS
shall be deposited bY the Association with
the Insurance Trustee (If ppotnttd). In all
other as's the Association shall hold the
sums paid upon such Assesflhtfltl and disburse
the sam. in payment of the costs of recol'—
struction and repair.
(b) Disbursemtflt. The proceeds of insurance tol—
.tttd on account at a ciettelty, and tbe salts
collected from Unit Owners on account at such
casualty, shall constitute a construction
fund which shelf be
disbursed in payment Of
the costs of reconstruction and repair in the
toflowThQ manner and order,
Ci) Association — Lesser Damage.
If
the
amount or tflS estlnted costs of recon
struction and repair which ore the re-
sponsibility at the Association IS less
than $10,000.00, then the constructiOfi
fund sha%l be disbuntd
in pryment of
such costs upon the order of th Board
of Directors of the AssOciations pro-
vided, however, that upon request to the
Insurance trustee (if appointed) by an
institutional First MOrtga9tb'áith Is a
beneficiary of an insurance poflcy, the
proceedS of which are included in
the
construction fund, such fund shall be
disbursed in the
laMer provided below
for the
reconstruction and repair Of
major damaQe.
(ii) AssOdation — Major paifiape.
if
the
amount of the estriattd costs Of reco'
struction and repair which are the re-
sponsibility of the Association is more
than $io,000.OD, then the cci.struction
fund shall be disbursed in payment of
such costs In the tianner co..teiiolated by
subparqraph (I) above, but then on I y
upon the further approval of an archl
tact qualified to practce in florida
and employed bY the AssociatiOn
to
the work.
(iii) unit 0wner.
if there is a balance of
insurance proceeds after payment of all
costs of recOnstruction and repair that
are the responsTh%IltY of the ASSOVIb
tion, this Detente may be used by the
pssodatiOfl to effect repairs
to the
Optional Property (if not
insured or if
underiflSUred). or may be distributed to
owners of the optional Property who have
the respOnsbi ity for
reconstruction
and repair th.rt*f. The distribution
snaIl be In the proportion that
the
estineted cost of reconstruction and
repair of such daeage to each affected
•
Unit Owner bears to the toVaJ of such
estimated costs to iii affected unt
Owners, as dSt.rmifltd by the Board; pro-
vided, howevS. that no unit Owner shalt
be paid an amount in excesS of the esti-
mated costs Of repair for his portion of
the optional
property. All proceeds
-23
5392NoE 2063
must be used to effect repairs to the
Optional Property and if insufficient
to co.plete such r.pairs, the Owners
Shall pay the deficit with respect to
their portion of the Optional Property
and promptly effect the repairs. My
balance remaining after such
repairs
have bun effected shall be distributed
to the effected Unit Owners and their
mortgagees jointly as elsewhere herein
contemplated.
(iv) Surplus.
It shall be presumed that the
first nonles disbursed
in payment of
costs Cf reconstruction and repair shall
be from in