ARTICLE I Page D1
Submission Statement
Arrojado Corporation, a California Corporation, being the owner of record hereby states and declares submission to Condominium ownership,
pursuant to the Condominium Act of the State of Florida, Florida Statues 711 Et Seq. and files for record the Heather Walk Condominium
Inc. Declaration of Condominium.
Contains definitions as used in the Declaration of Condominium, By-Laws and Exhibits.
Declaration Of Condominium signed August 10, 1973.
ARTICLE II Page D3
Name
The name by which this condominium is to be identified as, Heather Walk Condominium Incorporated
ARTICLE III Page D3
Identification of Units
The condominium property consists essentially of all units in the buildings and other improvements as set forth in Exhibit number 1.
Individual units and all buildings are given identifying numbers in Exhibit number 1.
Miami Dade County uses these numbers to identify individual units at it's tax appraisers office.
Exhibit number 1 also contains a survey of the land, graphic description of the improvements in which the units are located, and a plot plan.
ARTICLE IV Page D3
Ownership of Common Elements
Unit owners shall own an undivided interest in common and limited elements stated as percentages of such interest as set forth in Exhibit A.
ARTICLE V Page D3
Voting Rights
One person with respect to unit ownership shall be entitled to a single vote. If a unit is owned by more than one person, the owners shall
designate one of them as the voting member.
When a unit owner can vote is set forth in the By-Laws. Votes are not divisible.
ARTICLE VI Page D4
Common Expense and Common Surplus
Common expenses are shared as set forth in Exhibit A. Any common surplus is owned by each owner in the same proportion as their
percentage ownership interest in the common elements.
ARTICLE VII Page D4
Method of Amendment of Declaration
The Declaration of Condominium may be amended at any regular or special meeting of the unit owners of Heather Walk Condominium Inc.,
called and convened in accordance with the By-Laws, by the affirmative vote of the voting members casting not less than 3/4ths of the total
vote of the members of the association. Amendments to Declaration of Condominium must be recorded and certified.
Amendments cannot change any condominium parcel, a units proportional share of common expenses or common surplus, or the voting
rights. No amendment can prejudice the rights of any mortgage.
ARTICLE VIII Page D5
BY-Laws
Establishes the property shall be governed by the By-Laws as marked by Exhibit No. 2.
Amendments to By-Laws are only valid when amendments have been recorded to the Heather Walk Condominium Inc. Declaration of
Condominium.
ARTICLE IX Page D5
The Operating Entity
Establishes the association is responsible for the operation of the condominium.
Owners are bound by Declaration of Condominium, By-Laws, and Articles of Incorporation.
ARTICLE X Page D6
Assessments
The Association, through its Board of Directors, shall have the power to fix and determine the sum necessary and adequate to provide for
the common expenses of the condominium property and other assessments as are specifically provided for in the Declaration of
Condominium and Exhibits. Empowers the Board of Directors to collect assessments.
Shall collect a late charge of $25 and collect interest on delinquent accounts. Assessments that are unpaid for over 10 days after the due
date shall bear interest at the rate of 10% per annum from the due date until paid.
Authorizes the placement of liens on each unit as well as liens on all tangible personal property located within the unit. Further allows to
collect attorneys fees.
Authorizes reimbursement required to preserve and protect it's liens.
Empowers the Board of Directors to foreclose on said liens.
Stipulates any person who acquires a unit, except through foreclosure shall not be entitled to occupancy of the unit until all unpaid
assessments due by former unit owner have been paid.
ARTICLE XI Page D7
Provisions relating to sale or rental or other alienation or mortgaging of condominium units.
SECTION A
Sale or Rental of Units
Details requirements pertaining to the sale or lease of units, which in part states, "Any attempt to sell, rent or lease said unit without prior
offer to the association shall be deemed a breach of this Declaration and shall be wholly null and void and shall confer no title or interest
whatsoever upon the intended purchaser, tenant or lessee." The Board of Directors has 14 days to respond to such offers.
Details rental restrictions, i.e., no individual rooms may be rented and no transient tenants may be accommodated.
Sets a time line for the unit owner and association to respond to sale and rental requests.
SECTION B Page D9
Mortgage and Other Alienation of Units
1. A unit owner may not mortgage a unit without the consent of the Board of Directors. Where a unit owner sells his unit and takes back a
mortgage, the approval shall not be required.
2. No judicial sale of a unit, nor any interest therein, shall be valid, unless:
A. The sale is to a purchaser approved by the association and which approval shall be in record-able form, executed by two Officers of the
association and delivered to the purchaser.
B. The sale is a result of a public sale with open bidding.
3. Any sale, mortgage or lease is void unless subsequently approved by the Board of Directors.
4. The foregoing does not apply to transfers between immediate family.
Provides procedures for the association in the event a unit owner dies and conveyed unit to person other than immediate family.
5. Details unit owners are responsibly for their tenants actions. Details that owners and tenants are subject to this Declaration of
Condominium, By-Laws and Articles of Incorporation.
Details procedure for association to purchase unit if unit is not approved for transfer.
6. Details ownership through foreclosure by an Institutional First Mortgagee.
A. Allows the acquirer of title the unqualified right to sell or lease the unit without the prior approval of the Board of Directors. The provisions
of Section A and B Numbers 1-5 shall be inapplicable to Institutional First Mortgagee.
B. The provisions of Section A and B Numbers 1-5 shall be inapplicable to the Developer.
C. In the event the Developer has unsold parcels....section expired.
ARTICLE XII Page D11
Insurance Provisions
SECTION A
Liability Insurance
Details association requirements for insuring against liabilities.
The association is required to obtain public liability and property damage Insurance covering all of the common elements. This is not
individual unit coverage. Provides premiums shall be charged as a common expense.
SECTION B Page D11
Casualty Insurance
1. Purchase of Insurance
Details association requirements for insuring against casualties. The association is required to obtain Fire and Extended Coverage
Insurance and Vandalism and Malicious Mischief Insurance. This is not individual unit coverage.
Provides premiums shall be charged as a common expense.
Provides Institutional First Mortgagees of first mortgage equal to $100,000 or more the right to approve the insurance policies and the
company's who are the insurers, without qualification.
2. Insurance Loss Payable Provisions - Insurance Trustee
Requires that all insurance policies purchased by the association shall be for the benefit of the association and all unit owners and their
mortgagees, as their interest may appear.
Policies shall be deposited with an Insurance Trustee in a financial institution that must have trust powers. Further details found in
subsection a through c.
3. Distribution of Proceeds
Proceeds shall be distributed for the benefit of unit owners.
a. Reconstruction or Repair
After damages have been paid to reconstruct, the remaining balance if any shall be made payable to the unit owner and Institutional First
Mortgagee. Proceeds may be paid to Institutional First Mortgagee whose mortgage provides that it has the right to require first application.
b. Failure to Reconstruct or Repair
In the event that reconstruction is not permitted proceeds shall be made payable to the unit owner and Institutional First Mortgagee.
Proceeds may be paid to Institutional First Mortgagee whose mortgage provides that it has the right to require first application.
c. Certificate
In making distribution to unit owners the Insurance Trustee may require a Certificate as to the names of unit owners and their respective
shares approved by an Attorney authorized to practice law in the State of Florida.
4. Loss Within a Single Unit
If a loss occurs within a unit without damage to the common elements or the party wall between units the provisions of Article XII B.5. below
shall apply.
5. Loss Less than "Very Substantial"
Where a loss or damage occurs within a unit or units, or to the common elements, or to any unit or units and the common elements, it shall
be obligatory upon the Association and the unit owner(s) to repair, restore and rebuild the damage caused by said loss.
(a) the Association, shall promptly obtain reliable and detailed estimates of the cost of repairing and restoration.
(b) If the damage or loss is limited to the common elements with no, or minimum, damage or loss to any individual units, and if such
damage or loss to the common elements is less than $3,000.00 the insurance proceeds shall be endorsed by the Insurance Trustee over to
the Association, shall promptly contract for the repair and restoration of the damage.
(c) If the damage or loss involves individual units encumbered by Institutional First Mortgages, then the same rules apply as in (b) above.
(d) The association has the right to negotiate and contract for repair.
(e) When the net proceeds of the insurance are insufficient to pay for the estimated cost of restoration and repair the Board of Directors may
special assess the difference.
(f) No mortgagee shall have the right to require the application of insurance proceeds to the payment of its loan.
6. "Very Substantial" Damage
Means loss or damage whereby 3/4ths or more of the total unit space in the Condominium is rendered untenantable, or loss or damage
whereby 75% or more of the total amount of insurance coverage (placed as per Article XII.B.I.) becomes payable.
Should such "very substantial" damage occur, then -
(a) The association shall obtain estimates of the cost of repair and restoration.
(b) The Board of Directors shall ascertain the net amount of insurance proceeds.
(c) The Board of Directors has 60 days to call a special meeting to respond to membership wishes. If the net insurance proceeds available
for restoration and repair are sufficient to cover the cost thereof, so that no special assessment required, then the Condominium property
shall be restored and repaired, unless 2/3rds of the total votes of the members of the association shall vote to terminate the condominium.
(d) In the event any dispute shall arise as to whether or not "very substantial" damage has occurred the Board of Directors shall have the
final word.
7. Surplus
If there is a surplus there will be to distribution to unit owners.
8. Certificate
The Insurance Trustee may rely upon a Certificate certifying as to whether or not the damaged property is to be repaired and restored. Upon
request of the Insurance Trustee the association shall deliver such Certificate.
9. Plans and Specifications
The condominium shall be restored as originally built.
10. Association's Power to Compromise Claim
The association is appointed agent for each unit owner for the purpose of settling claims.
11. Institutional Mortgagee's Right to Advance Premiums
When the association fails to purchase insurance for the common elements each unit owners individual mortgagee(s) is permitted to make
the purchase for you.
Section C Workmen Compensation Policy
Allows for obtaining a Workmen Compensation Policy to meet the requirements of law.
Section D Allows the Board of Directors to purchase other insurance.
Section E Each individual unit owner shall be responsible for purchasing, at their own expense, liability insurance to cover accidents
occurring within their own unit, and for purchasing insurance upon their own personal property.
Section F The Association, shall endeavor to obtain policies which provide that the Insurer waives its right of subrogation as to any claims
against unit owners, the Association, their respective servants, agents and guests.
ARTICLE XIII Page D16
Use & Occupancy
Units are to be used as single private dwelling for yourself or family members or social guests and for no other purpose.
Details the number of human beings that may occupy a unit stated as two persons per bedroom. Miami Dade County has superseded the
two person rule section only.
Visitors are allowed up to 60 days per calender year.
The Board of Directors may extend that period of visitation within any calendar year.
Demands unit owners not interfere with the rights of other unit owners or annoy them by unreasonable noises or permit any nuisance or
illegal acts on the property.
Details pet ownership. No animals or pets of any kind shall be kept in any unit except with the written consent of and subject to the Rules
and Regulations adopted by the Board of Directors.
Provides that unit owners will not alter common elements or limited common elements nor shall they place anything upon them such as
furniture or equipment outside their unit except with the prior written consent from the Board of Directors.
Mandates all unit owners and guest shall be subject to the Rules and Regulations concerning the use of the recreation area and facilities as
adopted by the Board of Directors.
ARTICLE XIV Page D17
Maintenance & Alterations
A. The Board of Directors of the Association may enter into a Contract with any firm, person or corporation. The Manager may be authorized
to determine the budget, make assessments for common expenses and collect assessments, as provided by the Declaration of
Condominium, By-Laws, and Exhibits to the Declaration.
B. There shall be no alterations or additions to the common elements or limited common elements where the cost thereof is in excess of
twenty percent (20%) of the annual budget except as authorized by the Board of Directors, and approved by not less than seventy-five
percent (75%) of the total vote of the unit owners.
C. Each unit owner agrees as follows
1. Commits unit owners to maintain in good condition and repair the entire interior of their units.
2. Not to make any structural alterations to their unit.
3. To make no alterations, decoration, repair, replacement or change of the common elements, limited common elements, or to any outside
or exterior portion of the building(s).
Carpeted areas within a unit may only be changed as to the type of floor covering other than carpeting with the prior written consent of the
association. Non-carpeted areas within a unit or within a limited common element which is for the exclusive use of a unit may only be
changed as to the type of floor surface with the prior written consent of the association.
4. Provides that the association may enter into any unit for the purpose of maintenance, inspection, repair, or replacement of the
improvements within the units, common and limited common areas.
5. To show no signs, advertisements or notices on common or limited elements or your unit.
Signs are not permitted within a unit which are visible from outside the unit.
D. In the event an owner of a unit fails to maintain their unit and limited common elements, or makes any alterations or additions the
association, shall have the right to proceed in a Court of equity for an injunction to seek compliance. The association shall have the right to
levy an assessment against the owner of a unit, and the unit, for such necessary sums to restore the property to good condition and repair.
The assessment shall have the same force and effect as all other special assessments. The association shall have the further right to have
its contractors enter a unit at all reasonable times to do such work as is deemed necessary by the Board of Directors to enforce compliance.
E. The Association, shall determine the exterior color scheme of the buildings and all exteriors, and interior color scheme of the common
elements, and shall be responsible for the maintenance. No owner shall paint an exterior wall, door, window, or any exterior surface.
F. The maintenance and repair of the air-conditioning and heating unit, including compressor and condenser is the responsibility of the unit
owner. The association, may enter into a maintenance and service contract with an air-conditioning firm on behalf of all unit owners and, in
such event, the monthly assessments due from each unit owner shall be increased by such sum as the association deems fair and
equitable.
ARTICLE XV Page D20
Limited Common Elements
Areas reserved for the use of certain unit owners to the exclusion of other unit owners, are designated as limited common elements. Exhibit
No. 1 defines the limited common elements.
If damage is caused by the negligence of a unit owner, or their tenants, the unit owner shall be responsible for the repairs of those limited
common elements.
Where the limited common element consists of a balcony or patio, the unit owner shall be responsible for the maintenance, care and
preservation of the paint and surface of the interior walls and windows and screening including floor and ceiling, and the sliding glass doors
in the entrance way to the balcony or patio, and the wiring, electrical, outlet and fixtures and the replacement of light bulbs.
Each Condominium unit shall be entitled to the use of one (1) parking space; however, the use of specific parking spaces shall not be
assigned to unit owners. Requires all parking by unit owners and guest shall be subject to the Rules and Regulations as adopted by the
Board of Directors. Rules and Regulations specify one parking decal per unit.
ARTICLE XVI Page D20
Termination
Allows that the condominium may be voluntarily terminated. Details procedures of a voluntary termination after a very substantial loss as
described in Article XII Section 6.
ARTICLE XVII Page D21
Management Agreement
Details a management agreement as described in Exhibit No. 4. Agreement written in 1973 and expired in December 1976.
ARTICLE XVIII Page D22
Miscellaneous Provisions
A. Details future unit owners, lessee or occupants must obtain the approval of the association, which in part states that, each unit owner,
future unit owner, lessee, heir or occupant must obtain the approval/consent of the Board of Directors.
B. Owners of units do not own the undecorated and/or unfinished surfaces of the perimeter walls, floors and ceilings surrounding their
respective condominium units, nor does the unit owner own pipes, wires, conduits or other public utility lines running through condominium
units which are utilized for or serve more than one condominium unit. Unit owners do own the walls and partitions which are contained in
their unit. Unit owners do own the inner decorated and/or finished surfaces of the perimeter walls, floors, ceilings, including plaster, paint,
wallpaper, etc.
All load bearing walls located within a condominium unit are a part of the common elements to the unfinished surface of walls.
C. The owners of the respective Condominium units agree that if any portion of a condominium unit or common element or limited common
element encroaches upon another, a valid easement for the encroachment and maintenance of same so long as it stands, shall and does
exist.
D. Provides no unit owner may exempt themselves from liability for their contribution toward the common expenses by waiver of it's use or
enjoyment.
E. Requires each owner to pay their own ad valorem taxes.
F. All provisions of this Declaration and Exhibits attached hereto, and Amendments thereof, shall be construed as covenants running with
the land.
G. If any of the provisions of the Declaration of Condominium, By-Laws, or Articles of Incorporation are held invalid the validity of the
remainder of the Declaration of Condominium, By-Laws, or Articles of Incorporation shall not be affected.
H. Details procedure for noticing. All notices shall be deemed and considered sent when mailed.
I. Nothing hereinabove set forth in this Declaration shall be construed as prohibiting the Board of Directors of the Association, from
authorizing the removal of any party wall between any condominium unit in order that the units might be used together as one integral unit.
In each event, all assessments, voting rights and the share of the common elements shall be calculated as if such units were as originally
designated on the Exhibits attached to this Declaration.
J. Has not been added to this index.
K. Allows for by a vote of the majority of the total vote of the members to acquire and enter into agreements to have memberships in, to
include but not limited to country clubs, golf courses, marinas, & other recreational facilities, whether or not they exist on Heather Walk
Condominium Inc. property or not that is intended to provide for the enjoyment, recreation and other use or benefit of the unit owners.
L. Whenever the context so requires, the use of any gender shall be deemed to include all genders, and the use of the singular shall include
the plural, & plural shall include the singular.
M. The captions used in this Declaration of Condominium and Exhibits annexed hereto are inserted solely as a matter of convenience &
shall not be relied upon and/or used in construing the effect or meaning of any of the text of this Declaration or Exhibits hereto annexed.
N. Where an Institutional First Mortgage, by some circumstance, fails to be a First Mortgage, but it is evident that it is intended to be a First
Mortgage, it shall, nevertheless, for the purpose of this Declaration and Exhibits annexed, be deemed to be an Institutional First Mortgage.
0. If any term, covenant, provision, phrase or other element of the Condominium documents is held invalid or unenforceable for any reason
whatsoever, such holding shall not be deemed to affect, alter, modify or impair in any manner whatsoever any other term, provision, covenant
or element of the Condominium documents.
P. The Developer specifically disclaims any intent to have made any warranty or representation in connection with the property or the
Condominium documents, except as specifically set forth.
Q. Escrow Account for Insurance and Certain Taxes
Allows the Board of Directors to open and maintain savings accounts for use by the association.
R. No owner shall bring any action for partition or division of the condominium property.
S. Heather Walk Condominium Inc. property is subject to conditions, limitations, restrictions, reservations and all matters of record, taxes,
applicable zoning ordinances now existing or which may hereafter exist, easements for ingress and egress for pedestrian and vehicular
purposes, easements for utility service and drainage.
T. Notwithstanding the fact that the present provisions of the Condominium Act of the State of Florida are incorporated by reference and
included herein thereby, the provisions of this Declaration and Exhibits attached hereto shall be paramount to the Condominium Act as to
those provisions where permissive variances are permitted; otherwise, the provisions of said Condominium Act shall prevail and shall be
deemed incorporated therein.
Page D27
Signatures for the Heather Walk Declaration of Condominium, signed August 10, 1973.
Submission Statement
Arrojado Corporation, a California Corporation, being the owner of record hereby states and declares submission to Condominium ownership,
pursuant to the Condominium Act of the State of Florida, Florida Statues 711 Et Seq. and files for record the Heather Walk Condominium
Inc. Declaration of Condominium.
Contains definitions as used in the Declaration of Condominium, By-Laws and Exhibits.
Declaration Of Condominium signed August 10, 1973.
ARTICLE II Page D3
Name
The name by which this condominium is to be identified as, Heather Walk Condominium Incorporated
ARTICLE III Page D3
Identification of Units
The condominium property consists essentially of all units in the buildings and other improvements as set forth in Exhibit number 1.
Individual units and all buildings are given identifying numbers in Exhibit number 1.
Miami Dade County uses these numbers to identify individual units at it's tax appraisers office.
Exhibit number 1 also contains a survey of the land, graphic description of the improvements in which the units are located, and a plot plan.
ARTICLE IV Page D3
Ownership of Common Elements
Unit owners shall own an undivided interest in common and limited elements stated as percentages of such interest as set forth in Exhibit A.
ARTICLE V Page D3
Voting Rights
One person with respect to unit ownership shall be entitled to a single vote. If a unit is owned by more than one person, the owners shall
designate one of them as the voting member.
When a unit owner can vote is set forth in the By-Laws. Votes are not divisible.
ARTICLE VI Page D4
Common Expense and Common Surplus
Common expenses are shared as set forth in Exhibit A. Any common surplus is owned by each owner in the same proportion as their
percentage ownership interest in the common elements.
ARTICLE VII Page D4
Method of Amendment of Declaration
The Declaration of Condominium may be amended at any regular or special meeting of the unit owners of Heather Walk Condominium Inc.,
called and convened in accordance with the By-Laws, by the affirmative vote of the voting members casting not less than 3/4ths of the total
vote of the members of the association. Amendments to Declaration of Condominium must be recorded and certified.
Amendments cannot change any condominium parcel, a units proportional share of common expenses or common surplus, or the voting
rights. No amendment can prejudice the rights of any mortgage.
ARTICLE VIII Page D5
BY-Laws
Establishes the property shall be governed by the By-Laws as marked by Exhibit No. 2.
Amendments to By-Laws are only valid when amendments have been recorded to the Heather Walk Condominium Inc. Declaration of
Condominium.
ARTICLE IX Page D5
The Operating Entity
Establishes the association is responsible for the operation of the condominium.
Owners are bound by Declaration of Condominium, By-Laws, and Articles of Incorporation.
ARTICLE X Page D6
Assessments
The Association, through its Board of Directors, shall have the power to fix and determine the sum necessary and adequate to provide for
the common expenses of the condominium property and other assessments as are specifically provided for in the Declaration of
Condominium and Exhibits. Empowers the Board of Directors to collect assessments.
Shall collect a late charge of $25 and collect interest on delinquent accounts. Assessments that are unpaid for over 10 days after the due
date shall bear interest at the rate of 10% per annum from the due date until paid.
Authorizes the placement of liens on each unit as well as liens on all tangible personal property located within the unit. Further allows to
collect attorneys fees.
Authorizes reimbursement required to preserve and protect it's liens.
Empowers the Board of Directors to foreclose on said liens.
Stipulates any person who acquires a unit, except through foreclosure shall not be entitled to occupancy of the unit until all unpaid
assessments due by former unit owner have been paid.
ARTICLE XI Page D7
Provisions relating to sale or rental or other alienation or mortgaging of condominium units.
SECTION A
Sale or Rental of Units
Details requirements pertaining to the sale or lease of units, which in part states, "Any attempt to sell, rent or lease said unit without prior
offer to the association shall be deemed a breach of this Declaration and shall be wholly null and void and shall confer no title or interest
whatsoever upon the intended purchaser, tenant or lessee." The Board of Directors has 14 days to respond to such offers.
Details rental restrictions, i.e., no individual rooms may be rented and no transient tenants may be accommodated.
Sets a time line for the unit owner and association to respond to sale and rental requests.
SECTION B Page D9
Mortgage and Other Alienation of Units
1. A unit owner may not mortgage a unit without the consent of the Board of Directors. Where a unit owner sells his unit and takes back a
mortgage, the approval shall not be required.
2. No judicial sale of a unit, nor any interest therein, shall be valid, unless:
A. The sale is to a purchaser approved by the association and which approval shall be in record-able form, executed by two Officers of the
association and delivered to the purchaser.
B. The sale is a result of a public sale with open bidding.
3. Any sale, mortgage or lease is void unless subsequently approved by the Board of Directors.
4. The foregoing does not apply to transfers between immediate family.
Provides procedures for the association in the event a unit owner dies and conveyed unit to person other than immediate family.
5. Details unit owners are responsibly for their tenants actions. Details that owners and tenants are subject to this Declaration of
Condominium, By-Laws and Articles of Incorporation.
Details procedure for association to purchase unit if unit is not approved for transfer.
6. Details ownership through foreclosure by an Institutional First Mortgagee.
A. Allows the acquirer of title the unqualified right to sell or lease the unit without the prior approval of the Board of Directors. The provisions
of Section A and B Numbers 1-5 shall be inapplicable to Institutional First Mortgagee.
B. The provisions of Section A and B Numbers 1-5 shall be inapplicable to the Developer.
C. In the event the Developer has unsold parcels....section expired.
ARTICLE XII Page D11
Insurance Provisions
SECTION A
Liability Insurance
Details association requirements for insuring against liabilities.
The association is required to obtain public liability and property damage Insurance covering all of the common elements. This is not
individual unit coverage. Provides premiums shall be charged as a common expense.
SECTION B Page D11
Casualty Insurance
1. Purchase of Insurance
Details association requirements for insuring against casualties. The association is required to obtain Fire and Extended Coverage
Insurance and Vandalism and Malicious Mischief Insurance. This is not individual unit coverage.
Provides premiums shall be charged as a common expense.
Provides Institutional First Mortgagees of first mortgage equal to $100,000 or more the right to approve the insurance policies and the
company's who are the insurers, without qualification.
2. Insurance Loss Payable Provisions - Insurance Trustee
Requires that all insurance policies purchased by the association shall be for the benefit of the association and all unit owners and their
mortgagees, as their interest may appear.
Policies shall be deposited with an Insurance Trustee in a financial institution that must have trust powers. Further details found in
subsection a through c.
3. Distribution of Proceeds
Proceeds shall be distributed for the benefit of unit owners.
a. Reconstruction or Repair
After damages have been paid to reconstruct, the remaining balance if any shall be made payable to the unit owner and Institutional First
Mortgagee. Proceeds may be paid to Institutional First Mortgagee whose mortgage provides that it has the right to require first application.
b. Failure to Reconstruct or Repair
In the event that reconstruction is not permitted proceeds shall be made payable to the unit owner and Institutional First Mortgagee.
Proceeds may be paid to Institutional First Mortgagee whose mortgage provides that it has the right to require first application.
c. Certificate
In making distribution to unit owners the Insurance Trustee may require a Certificate as to the names of unit owners and their respective
shares approved by an Attorney authorized to practice law in the State of Florida.
4. Loss Within a Single Unit
If a loss occurs within a unit without damage to the common elements or the party wall between units the provisions of Article XII B.5. below
shall apply.
5. Loss Less than "Very Substantial"
Where a loss or damage occurs within a unit or units, or to the common elements, or to any unit or units and the common elements, it shall
be obligatory upon the Association and the unit owner(s) to repair, restore and rebuild the damage caused by said loss.
(a) the Association, shall promptly obtain reliable and detailed estimates of the cost of repairing and restoration.
(b) If the damage or loss is limited to the common elements with no, or minimum, damage or loss to any individual units, and if such
damage or loss to the common elements is less than $3,000.00 the insurance proceeds shall be endorsed by the Insurance Trustee over to
the Association, shall promptly contract for the repair and restoration of the damage.
(c) If the damage or loss involves individual units encumbered by Institutional First Mortgages, then the same rules apply as in (b) above.
(d) The association has the right to negotiate and contract for repair.
(e) When the net proceeds of the insurance are insufficient to pay for the estimated cost of restoration and repair the Board of Directors may
special assess the difference.
(f) No mortgagee shall have the right to require the application of insurance proceeds to the payment of its loan.
6. "Very Substantial" Damage
Means loss or damage whereby 3/4ths or more of the total unit space in the Condominium is rendered untenantable, or loss or damage
whereby 75% or more of the total amount of insurance coverage (placed as per Article XII.B.I.) becomes payable.
Should such "very substantial" damage occur, then -
(a) The association shall obtain estimates of the cost of repair and restoration.
(b) The Board of Directors shall ascertain the net amount of insurance proceeds.
(c) The Board of Directors has 60 days to call a special meeting to respond to membership wishes. If the net insurance proceeds available
for restoration and repair are sufficient to cover the cost thereof, so that no special assessment required, then the Condominium property
shall be restored and repaired, unless 2/3rds of the total votes of the members of the association shall vote to terminate the condominium.
(d) In the event any dispute shall arise as to whether or not "very substantial" damage has occurred the Board of Directors shall have the
final word.
7. Surplus
If there is a surplus there will be to distribution to unit owners.
8. Certificate
The Insurance Trustee may rely upon a Certificate certifying as to whether or not the damaged property is to be repaired and restored. Upon
request of the Insurance Trustee the association shall deliver such Certificate.
9. Plans and Specifications
The condominium shall be restored as originally built.
10. Association's Power to Compromise Claim
The association is appointed agent for each unit owner for the purpose of settling claims.
11. Institutional Mortgagee's Right to Advance Premiums
When the association fails to purchase insurance for the common elements each unit owners individual mortgagee(s) is permitted to make
the purchase for you.
Section C Workmen Compensation Policy
Allows for obtaining a Workmen Compensation Policy to meet the requirements of law.
Section D Allows the Board of Directors to purchase other insurance.
Section E Each individual unit owner shall be responsible for purchasing, at their own expense, liability insurance to cover accidents
occurring within their own unit, and for purchasing insurance upon their own personal property.
Section F The Association, shall endeavor to obtain policies which provide that the Insurer waives its right of subrogation as to any claims
against unit owners, the Association, their respective servants, agents and guests.
ARTICLE XIII Page D16
Use & Occupancy
Units are to be used as single private dwelling for yourself or family members or social guests and for no other purpose.
Details the number of human beings that may occupy a unit stated as two persons per bedroom. Miami Dade County has superseded the
two person rule section only.
Visitors are allowed up to 60 days per calender year.
The Board of Directors may extend that period of visitation within any calendar year.
Demands unit owners not interfere with the rights of other unit owners or annoy them by unreasonable noises or permit any nuisance or
illegal acts on the property.
Details pet ownership. No animals or pets of any kind shall be kept in any unit except with the written consent of and subject to the Rules
and Regulations adopted by the Board of Directors.
Provides that unit owners will not alter common elements or limited common elements nor shall they place anything upon them such as
furniture or equipment outside their unit except with the prior written consent from the Board of Directors.
Mandates all unit owners and guest shall be subject to the Rules and Regulations concerning the use of the recreation area and facilities as
adopted by the Board of Directors.
ARTICLE XIV Page D17
Maintenance & Alterations
A. The Board of Directors of the Association may enter into a Contract with any firm, person or corporation. The Manager may be authorized
to determine the budget, make assessments for common expenses and collect assessments, as provided by the Declaration of
Condominium, By-Laws, and Exhibits to the Declaration.
B. There shall be no alterations or additions to the common elements or limited common elements where the cost thereof is in excess of
twenty percent (20%) of the annual budget except as authorized by the Board of Directors, and approved by not less than seventy-five
percent (75%) of the total vote of the unit owners.
C. Each unit owner agrees as follows
1. Commits unit owners to maintain in good condition and repair the entire interior of their units.
2. Not to make any structural alterations to their unit.
3. To make no alterations, decoration, repair, replacement or change of the common elements, limited common elements, or to any outside
or exterior portion of the building(s).
Carpeted areas within a unit may only be changed as to the type of floor covering other than carpeting with the prior written consent of the
association. Non-carpeted areas within a unit or within a limited common element which is for the exclusive use of a unit may only be
changed as to the type of floor surface with the prior written consent of the association.
4. Provides that the association may enter into any unit for the purpose of maintenance, inspection, repair, or replacement of the
improvements within the units, common and limited common areas.
5. To show no signs, advertisements or notices on common or limited elements or your unit.
Signs are not permitted within a unit which are visible from outside the unit.
D. In the event an owner of a unit fails to maintain their unit and limited common elements, or makes any alterations or additions the
association, shall have the right to proceed in a Court of equity for an injunction to seek compliance. The association shall have the right to
levy an assessment against the owner of a unit, and the unit, for such necessary sums to restore the property to good condition and repair.
The assessment shall have the same force and effect as all other special assessments. The association shall have the further right to have
its contractors enter a unit at all reasonable times to do such work as is deemed necessary by the Board of Directors to enforce compliance.
E. The Association, shall determine the exterior color scheme of the buildings and all exteriors, and interior color scheme of the common
elements, and shall be responsible for the maintenance. No owner shall paint an exterior wall, door, window, or any exterior surface.
F. The maintenance and repair of the air-conditioning and heating unit, including compressor and condenser is the responsibility of the unit
owner. The association, may enter into a maintenance and service contract with an air-conditioning firm on behalf of all unit owners and, in
such event, the monthly assessments due from each unit owner shall be increased by such sum as the association deems fair and
equitable.
ARTICLE XV Page D20
Limited Common Elements
Areas reserved for the use of certain unit owners to the exclusion of other unit owners, are designated as limited common elements. Exhibit
No. 1 defines the limited common elements.
If damage is caused by the negligence of a unit owner, or their tenants, the unit owner shall be responsible for the repairs of those limited
common elements.
Where the limited common element consists of a balcony or patio, the unit owner shall be responsible for the maintenance, care and
preservation of the paint and surface of the interior walls and windows and screening including floor and ceiling, and the sliding glass doors
in the entrance way to the balcony or patio, and the wiring, electrical, outlet and fixtures and the replacement of light bulbs.
Each Condominium unit shall be entitled to the use of one (1) parking space; however, the use of specific parking spaces shall not be
assigned to unit owners. Requires all parking by unit owners and guest shall be subject to the Rules and Regulations as adopted by the
Board of Directors. Rules and Regulations specify one parking decal per unit.
ARTICLE XVI Page D20
Termination
Allows that the condominium may be voluntarily terminated. Details procedures of a voluntary termination after a very substantial loss as
described in Article XII Section 6.
ARTICLE XVII Page D21
Management Agreement
Details a management agreement as described in Exhibit No. 4. Agreement written in 1973 and expired in December 1976.
ARTICLE XVIII Page D22
Miscellaneous Provisions
A. Details future unit owners, lessee or occupants must obtain the approval of the association, which in part states that, each unit owner,
future unit owner, lessee, heir or occupant must obtain the approval/consent of the Board of Directors.
B. Owners of units do not own the undecorated and/or unfinished surfaces of the perimeter walls, floors and ceilings surrounding their
respective condominium units, nor does the unit owner own pipes, wires, conduits or other public utility lines running through condominium
units which are utilized for or serve more than one condominium unit. Unit owners do own the walls and partitions which are contained in
their unit. Unit owners do own the inner decorated and/or finished surfaces of the perimeter walls, floors, ceilings, including plaster, paint,
wallpaper, etc.
All load bearing walls located within a condominium unit are a part of the common elements to the unfinished surface of walls.
C. The owners of the respective Condominium units agree that if any portion of a condominium unit or common element or limited common
element encroaches upon another, a valid easement for the encroachment and maintenance of same so long as it stands, shall and does
exist.
D. Provides no unit owner may exempt themselves from liability for their contribution toward the common expenses by waiver of it's use or
enjoyment.
E. Requires each owner to pay their own ad valorem taxes.
F. All provisions of this Declaration and Exhibits attached hereto, and Amendments thereof, shall be construed as covenants running with
the land.
G. If any of the provisions of the Declaration of Condominium, By-Laws, or Articles of Incorporation are held invalid the validity of the
remainder of the Declaration of Condominium, By-Laws, or Articles of Incorporation shall not be affected.
H. Details procedure for noticing. All notices shall be deemed and considered sent when mailed.
I. Nothing hereinabove set forth in this Declaration shall be construed as prohibiting the Board of Directors of the Association, from
authorizing the removal of any party wall between any condominium unit in order that the units might be used together as one integral unit.
In each event, all assessments, voting rights and the share of the common elements shall be calculated as if such units were as originally
designated on the Exhibits attached to this Declaration.
J. Has not been added to this index.
K. Allows for by a vote of the majority of the total vote of the members to acquire and enter into agreements to have memberships in, to
include but not limited to country clubs, golf courses, marinas, & other recreational facilities, whether or not they exist on Heather Walk
Condominium Inc. property or not that is intended to provide for the enjoyment, recreation and other use or benefit of the unit owners.
L. Whenever the context so requires, the use of any gender shall be deemed to include all genders, and the use of the singular shall include
the plural, & plural shall include the singular.
M. The captions used in this Declaration of Condominium and Exhibits annexed hereto are inserted solely as a matter of convenience &
shall not be relied upon and/or used in construing the effect or meaning of any of the text of this Declaration or Exhibits hereto annexed.
N. Where an Institutional First Mortgage, by some circumstance, fails to be a First Mortgage, but it is evident that it is intended to be a First
Mortgage, it shall, nevertheless, for the purpose of this Declaration and Exhibits annexed, be deemed to be an Institutional First Mortgage.
0. If any term, covenant, provision, phrase or other element of the Condominium documents is held invalid or unenforceable for any reason
whatsoever, such holding shall not be deemed to affect, alter, modify or impair in any manner whatsoever any other term, provision, covenant
or element of the Condominium documents.
P. The Developer specifically disclaims any intent to have made any warranty or representation in connection with the property or the
Condominium documents, except as specifically set forth.
Q. Escrow Account for Insurance and Certain Taxes
Allows the Board of Directors to open and maintain savings accounts for use by the association.
R. No owner shall bring any action for partition or division of the condominium property.
S. Heather Walk Condominium Inc. property is subject to conditions, limitations, restrictions, reservations and all matters of record, taxes,
applicable zoning ordinances now existing or which may hereafter exist, easements for ingress and egress for pedestrian and vehicular
purposes, easements for utility service and drainage.
T. Notwithstanding the fact that the present provisions of the Condominium Act of the State of Florida are incorporated by reference and
included herein thereby, the provisions of this Declaration and Exhibits attached hereto shall be paramount to the Condominium Act as to
those provisions where permissive variances are permitted; otherwise, the provisions of said Condominium Act shall prevail and shall be
deemed incorporated therein.
Page D27
Signatures for the Heather Walk Declaration of Condominium, signed August 10, 1973.
Summary of Heather Walk Condominium DECLARATION OF CONDOMINIUM
 | |  | |  | |  | |  |
Summary of Heather Walk Condominium By-Laws
Declares Heather Walk Condominium Incorporated a Florida not for profit Corporation organized under the laws of the State of Florida.
Section 2
The association office shall be on condominium property or some other place as designated by the Board of Directors.
Section 3
That the Seal of the corporation bear the words 'Florida' and 'Corporation not for profit' with the year of incorporation.
Article II
Section 1
Membership & Voting Provisions
Limits members of the association to owners.
All owners of a single unit are members but only one member from each unit may have one vote.
Section 2
A. One owner may have as many votes equal to the number of units owned.
B. A majority of the members total vote shall decide any question unless the Heather Walk Declaration of Condominium provides otherwise.
Section 3
Quorum
A majority of the members total votes shall constitute a quorum.
Section 4
Proxies
Votes may be cast in person or proxy. There are time restrictions.
Section 5
Designation of voting member
When a unit is owned by more than one person, then the person entitled to vote shall be designated by a certificate. Defines action when no
certificate exists.
Article III
Meeting of the Membership
Section 1
Place
Meetings may be held where the Board of Directors designates.
Section 2
Notices
Notice of annual meetings or special meetings shall be noticed not less than 10 days but not more than 30 days prior to such meeting.
Details mail outs.
Section 3
Annual Meeting
The annual meeting shall be held on the first Wednesday in December of each year for the purpose of electing Directors and transacting any
other business. Other than if it is a legal holiday there are no provisions to move the date.
Section 4
Special Meeting
Special meetings may be called by the President, a majority of Board Members or by 25% of the voting members. Only business stated on
the notice may be conducted.
Section 5
Waiver and Consent
Whenever a vote is called upon by the members of the association and there is not the required 3/4ths of the members to vote, then there is
no vote and the meeting is adjourned.
Section 6
Adjourned Meeting
If any meeting shows no quorum the meeting is adjourned.
Section 7
Proviso
Proceedings at a meeting shall have no effect unless approved by the Board of Directors.
Section 8
Approval or Disapproval
When a married couple wants to vote but have not designated a voting member then they must vote jointly to approve or disapprove the
issue when they are both present.
Section 9
Allows Leadership Housing Incorporated a management firm to attend meetings.
Article IV
Directors
Section 1
Number of Directors, Term, Qualifications.
The Board of Directors shall have no less than 3, nor more than 21 persons.
The term is until the next annual meeting scheduled for the first Wednesday of December.
To qualify a Director must be an association member with no criminal background as per Florida Statutes: Chapter 718.
Section 2
A. Names first Board of Directors:
Howard J. Brafman, Robert J. Lunny, and James Howell.
B. The organizational meeting shall be held within 10 days of their election. No further notice of the organizational meeting shall be
necessary, provided a quorum shall be present.
Section 3
Removal of Directors
At a special meeting called by Association members, there must be a majority of members in order to hold a meeting and of that majority
2/3rds must vote to remove a Director in order to remove a Director. A successor may be elected then and there to fill the vacancy.
Section 4
Vacancies on Directorate
The Board may fill vacant director positions.
Section 5
Disqualification and resignation of Directors.
Any Director can resign at any time. Board members are disqualified when their unit is sold or when the Board member is more than 30
days delinquent in the payment of assessments.
Section 6
Regular Meetings
Provides that the Board of Directors sets the schedule for regular meetings.
Section 7
Special Meetings
Special Meetings may be set by the President or by the majority of the members by giving a 5 day notice and stating a purpose for the
meeting.
Section 8
Directors Waiver of Notice.
Section 9
Quorum
A majority of Directors shall constitute a quorum.
If there is less than a majority at the meeting the meeting is adjourned.
Section 10
Director Compensation
The Directors fees shall be determined by the voting members.
Section 11
Until the first Wednesday in December of 1976 the Developer shall choose Directors.
Section 12
Leadership Housing Incorporated shall notice and attend all Board meetings.
Section 13
Powers and Duties
Authorizes the Board of Directors to administer the affairs of the association.
Section 13a
Enables the Board of Directors to exercise the powers displayed in sections 13b to 13g.
Section 13b
To make assessments.
Section 13c
To employ or dismiss and control personnel.
Section 13d
To make and amend regulations.
Section 13e
To contract vendors.
Section 13f
To further improve the condominium property.
Section 13g
Designate committees of no less than 3 members.
Article V
Officers
Section 1
Elective Officers
Names 4 principal officers as: President, Vice President, Secretary and Treasurer.
Only the Secretary and Treasurer may be held by one person.
Section 2
Election
Provides for Officers to be elected annually.
Section 3
Appointive Officers
The Board may appoint Assistant Secretaries and Assistant Treasures and others.
Section 4
Term
The Officers & Directors hold office for 1 year. A majority of Board members can remove a Director at any time. Vacant positions shall be
filled by the Board of Directors.
Section 5
The President
Officer shall be the chief executive, preside over meetings, has general supervision over affairs of the association. Signs contracts.
Section 6
The Vice President
Vice President will perform the duties of President during an absence.
Section 7
The Secretary
Officer issues notices of all Board meetings and all meetings of the unit owners. Shall keep the minutes, have charge of asociations books,
records, and papers, except those of the Treasurer.
Section 8
The Treasurer
Officer has custody of associations funds and securities, keeps full and accurate accounts of receipts and disbursements.The books shall
reflect an account for each unit. Shall disburse funds, and shall render to the Board of Directors an account of all transactions and of the
financial condition of the association. Status reports on transfers.
Shall collect assessments and report the status of collections and of all delinquencies.
Article VI
Finances & Assessments
Section 1
Depositories
Allows association to maintain savings accounts.
Requires 2 signatures on association checks by Board members.
Section 2
Fidelity Bonds
Requires bonding of Board members. Requires the bond to be of sufficient amount.
Section 3
Fiscal Year
The fiscal year begins on January 1 of each year. The Board of Directors can change the date of the fiscal year as prescribed by the Internal
Revenue Code.
Section 4
Determination of Assessments
The Board of Directors shall fix and determine the sums necessary for the common expenses. Common expenses are operation,
maintenance, repair or replacement of common and limited common elements, costs to carry out the duties of the association, all insurance
premiums, and any other expense that may arise. Funds for payments shall be levied against the unit owners. These assessments shall be
payable monthly in advance, and shall be due on the first day of each month in advance. Special assessments shall be levied in the same
manner. When the amounts are determined coupons will be provided.
Section 5
Application of payments and co-mingling of funds. All funds can be placed in one account or in several accounts as determined by the
Board of Directors.
Section 6
Acceleration of assessment installments upon default. When a unit owner defaults on any type of assessment the Board of Directors is
authorized to accelerate the remaining monthly installments for the fiscal year upon notice to the unit owner. The acceleration demand for
unpaid balance requires a 15 day notice.
Section 7
Provides procedures for audits.
Article VII
Additions & Alterations
There shall be no additions or alterations to the common elements or limited common elements.
Article VIII
Compliance & Default
Section 1
Violations
In the event of a violation, other than the non-payment of an assessment, by the unit owner in any of the Provisions of the Declaration of
Condominium Documents the association may notify the unit owner by written notice of the violation and if the violation continues for a
period of 30 days the association has the right to treat the violation as an intentional and inexcusable and material breach of the documents.
The association will then have the following options.
A. An action at law to recover for its damage,
B. An action in equity to enforce performance on the part of the unit owner,
C. An action in equity for such equitable relief as may be necessary including injunctive relief.
After the court finds the unit owners violation willful the association will demand attorneys fees. Provides that if the association does not
respond to a written complaint of violation within 30 days against a unit owner, that will in turn authorize any unit owner to bring suit against
the association. Any violation which are deemed a hazard to the pubic health may be corrected immediately as an emergency.
Section 2
Negligence or carelessness of unit owner, etc. Unit owners shall be liable for the expense of any maintenance repair by owners act or by
their guests, employees, agents or lessees, but only to the extent the expense is not met by covered insurance carried by the association.
Owner liability shall include any increase in insurance rates caused by said owner.
The expense for any maintenance, repair, or replacement required shall be charged to said owner as a specific item which shall be a lien
against unit with the force and effect as if the charge were part of the common expense.
Section 3
Costs and attorneys fees.
Provides for the recovery of costs and attorneys fees.
Section 4
No Waiver of Rights.
The failure of the association or unit owner to enforce any right in the present shall not prevent the association or unit owner to enforce the
same right in the future.
Section 5
Election of Remedies.
All rights granted to the association and unit owners are cumulative, so by exercising one right will not preclude the party from exercising
additional rights.
Section 6.The Management Firm. This section has expired.
Article IX
Acquisition of Units
Section 1
Voluntary Sale or Transfer.
Details procedure for consenting or denying the transfer of ownership of a unit by means of a sale when reviewed by the Board of Directors.
The Board can consent the transfer or object for good cause. When the Board objects it has the right to designate the association as being
willing to purchase, lease, or rent said unit.
The association shall not be bound and shall not purchase or lease the unit without an affirmative vote of the association membership of not
less than 60%.
Where relative the Declaration of Condominium Article XI shall supercede these By-Laws.
Section 2
Acquisition on Foreclosure.
At any foreclosure sale the Board of Directors along with a 60% affirmative vote of the association membership may purchase a
condominium parcel in the name of the association. The Board of Directors shall not be required to obtain the approval of association
membership at foreclosure sale of a unit due to the associations lien for assessments. That exclusion is provided for in the Declaration of
Condominium, Article X.
Article X
Amendments to the By-Laws
The By-Laws may be altered, amended, or added to at any duly called meeting of the unit owners, provided
1 it is Noticed,
2 receives unanimous approval of the full Board of Directors, then a majority vote of the membership.
3 If the Board of Directors vote is not unanimous a 3/4 affirmative vote is required by the association.
4 Amendment shall be recorded and certified.
5 Where relative the Declaration of Condominium Article VIII shall supercede.
Article XI
Notices
Authorizes notices to be sent via provisions in the Declaration of Condominium.
Article XII
Idemnification
The association shall insure each Board of Director against all loss, cost, and expense incurred in connection with any action, suit or
proceeding having been brought against them.
The Board of Directors may not be shielded if it has been found guilty of gross negligence or willful misconduct. The Board of Directors may
be entitled to other rights.
Article XIII
Liability Survives Termination of Membership
The termination of membership in the condominium does not release the former member from any former liability incurred while being an
active member.
Article XIV
Limitation of Liability
Notwithstanding the duty of the association to maintain the condominium property the association shall not be liable for injury or damage
caused by a latent, hidden condition in the property nor for injury or damage caused by the elements or by other unit owners.
Article XV
Parliamentary Rules
The association's meetings shall be governed by Roberts Rules of Order when not in conflict with the condominium Act, the Declaration of
Condominium, or these By-Laws.
Article XVI
Liens
Section 1
Protection of Property
All liens against a unit, other than permitted mortgages, taxes, or special assessments shall be satisfied or removed within 30 days of the
date the lien attaches. All taxes and special assessments upon a unit shall be paid before becoming delinquent, as provided for in the
condominium documents or by law.
Section 2
A unit owner must notify the association within 5 days of a lien being attached.
Section 3
A unit owner must notify the association within 5 days of every suit brought against said unit.
Section 4
Failure to comply concerning liens will not affect the validity of any judicial sale.
Section 5
Permitted Mortgage Register
The association may maintain a register of all permitted mortgages and at the request of the mortgagee the association shall forward copies
of all notices for unpaid assessments or violations served upon a unit owner.
Article XVII
Rules & Regulations
Permits the Board of Directors to adopt and amend previously adopted administrative Rules & Regulations governing the details of the
operation, use, maintenance, management and control of the common areas including the clubhouse and pool areas. A copy of the Rules &
Regulations shall from time to time be posted in a conspicuous place.
Section 2
As to Condominium Units. Permits the Board of Directors To adopt, amend Rules & Regulations governing and restricting the use and
maintenance of condominium units.
Section 3
Conflict. If there is a conflict between the Rules & Regulations, the condominium documents and the Condominium Act, then the
Condominium Act shall prevail. If there is a conflict between the Rules & Regulations and the By-Laws and the Declaration of Condominium
then the Declaration of Condominium shall prevail.
Section 2
The association office shall be on condominium property or some other place as designated by the Board of Directors.
Section 3
That the Seal of the corporation bear the words 'Florida' and 'Corporation not for profit' with the year of incorporation.
Article II
Section 1
Membership & Voting Provisions
Limits members of the association to owners.
All owners of a single unit are members but only one member from each unit may have one vote.
Section 2
A. One owner may have as many votes equal to the number of units owned.
B. A majority of the members total vote shall decide any question unless the Heather Walk Declaration of Condominium provides otherwise.
Section 3
Quorum
A majority of the members total votes shall constitute a quorum.
Section 4
Proxies
Votes may be cast in person or proxy. There are time restrictions.
Section 5
Designation of voting member
When a unit is owned by more than one person, then the person entitled to vote shall be designated by a certificate. Defines action when no
certificate exists.
Article III
Meeting of the Membership
Section 1
Place
Meetings may be held where the Board of Directors designates.
Section 2
Notices
Notice of annual meetings or special meetings shall be noticed not less than 10 days but not more than 30 days prior to such meeting.
Details mail outs.
Section 3
Annual Meeting
The annual meeting shall be held on the first Wednesday in December of each year for the purpose of electing Directors and transacting any
other business. Other than if it is a legal holiday there are no provisions to move the date.
Section 4
Special Meeting
Special meetings may be called by the President, a majority of Board Members or by 25% of the voting members. Only business stated on
the notice may be conducted.
Section 5
Waiver and Consent
Whenever a vote is called upon by the members of the association and there is not the required 3/4ths of the members to vote, then there is
no vote and the meeting is adjourned.
Section 6
Adjourned Meeting
If any meeting shows no quorum the meeting is adjourned.
Section 7
Proviso
Proceedings at a meeting shall have no effect unless approved by the Board of Directors.
Section 8
Approval or Disapproval
When a married couple wants to vote but have not designated a voting member then they must vote jointly to approve or disapprove the
issue when they are both present.
Section 9
Allows Leadership Housing Incorporated a management firm to attend meetings.
Article IV
Directors
Section 1
Number of Directors, Term, Qualifications.
The Board of Directors shall have no less than 3, nor more than 21 persons.
The term is until the next annual meeting scheduled for the first Wednesday of December.
To qualify a Director must be an association member with no criminal background as per Florida Statutes: Chapter 718.
Section 2
A. Names first Board of Directors:
Howard J. Brafman, Robert J. Lunny, and James Howell.
B. The organizational meeting shall be held within 10 days of their election. No further notice of the organizational meeting shall be
necessary, provided a quorum shall be present.
Section 3
Removal of Directors
At a special meeting called by Association members, there must be a majority of members in order to hold a meeting and of that majority
2/3rds must vote to remove a Director in order to remove a Director. A successor may be elected then and there to fill the vacancy.
Section 4
Vacancies on Directorate
The Board may fill vacant director positions.
Section 5
Disqualification and resignation of Directors.
Any Director can resign at any time. Board members are disqualified when their unit is sold or when the Board member is more than 30
days delinquent in the payment of assessments.
Section 6
Regular Meetings
Provides that the Board of Directors sets the schedule for regular meetings.
Section 7
Special Meetings
Special Meetings may be set by the President or by the majority of the members by giving a 5 day notice and stating a purpose for the
meeting.
Section 8
Directors Waiver of Notice.
Section 9
Quorum
A majority of Directors shall constitute a quorum.
If there is less than a majority at the meeting the meeting is adjourned.
Section 10
Director Compensation
The Directors fees shall be determined by the voting members.
Section 11
Until the first Wednesday in December of 1976 the Developer shall choose Directors.
Section 12
Leadership Housing Incorporated shall notice and attend all Board meetings.
Section 13
Powers and Duties
Authorizes the Board of Directors to administer the affairs of the association.
Section 13a
Enables the Board of Directors to exercise the powers displayed in sections 13b to 13g.
Section 13b
To make assessments.
Section 13c
To employ or dismiss and control personnel.
Section 13d
To make and amend regulations.
Section 13e
To contract vendors.
Section 13f
To further improve the condominium property.
Section 13g
Designate committees of no less than 3 members.
Article V
Officers
Section 1
Elective Officers
Names 4 principal officers as: President, Vice President, Secretary and Treasurer.
Only the Secretary and Treasurer may be held by one person.
Section 2
Election
Provides for Officers to be elected annually.
Section 3
Appointive Officers
The Board may appoint Assistant Secretaries and Assistant Treasures and others.
Section 4
Term
The Officers & Directors hold office for 1 year. A majority of Board members can remove a Director at any time. Vacant positions shall be
filled by the Board of Directors.
Section 5
The President
Officer shall be the chief executive, preside over meetings, has general supervision over affairs of the association. Signs contracts.
Section 6
The Vice President
Vice President will perform the duties of President during an absence.
Section 7
The Secretary
Officer issues notices of all Board meetings and all meetings of the unit owners. Shall keep the minutes, have charge of asociations books,
records, and papers, except those of the Treasurer.
Section 8
The Treasurer
Officer has custody of associations funds and securities, keeps full and accurate accounts of receipts and disbursements.The books shall
reflect an account for each unit. Shall disburse funds, and shall render to the Board of Directors an account of all transactions and of the
financial condition of the association. Status reports on transfers.
Shall collect assessments and report the status of collections and of all delinquencies.
Article VI
Finances & Assessments
Section 1
Depositories
Allows association to maintain savings accounts.
Requires 2 signatures on association checks by Board members.
Section 2
Fidelity Bonds
Requires bonding of Board members. Requires the bond to be of sufficient amount.
Section 3
Fiscal Year
The fiscal year begins on January 1 of each year. The Board of Directors can change the date of the fiscal year as prescribed by the Internal
Revenue Code.
Section 4
Determination of Assessments
The Board of Directors shall fix and determine the sums necessary for the common expenses. Common expenses are operation,
maintenance, repair or replacement of common and limited common elements, costs to carry out the duties of the association, all insurance
premiums, and any other expense that may arise. Funds for payments shall be levied against the unit owners. These assessments shall be
payable monthly in advance, and shall be due on the first day of each month in advance. Special assessments shall be levied in the same
manner. When the amounts are determined coupons will be provided.
Section 5
Application of payments and co-mingling of funds. All funds can be placed in one account or in several accounts as determined by the
Board of Directors.
Section 6
Acceleration of assessment installments upon default. When a unit owner defaults on any type of assessment the Board of Directors is
authorized to accelerate the remaining monthly installments for the fiscal year upon notice to the unit owner. The acceleration demand for
unpaid balance requires a 15 day notice.
Section 7
Provides procedures for audits.
Article VII
Additions & Alterations
There shall be no additions or alterations to the common elements or limited common elements.
Article VIII
Compliance & Default
Section 1
Violations
In the event of a violation, other than the non-payment of an assessment, by the unit owner in any of the Provisions of the Declaration of
Condominium Documents the association may notify the unit owner by written notice of the violation and if the violation continues for a
period of 30 days the association has the right to treat the violation as an intentional and inexcusable and material breach of the documents.
The association will then have the following options.
A. An action at law to recover for its damage,
B. An action in equity to enforce performance on the part of the unit owner,
C. An action in equity for such equitable relief as may be necessary including injunctive relief.
After the court finds the unit owners violation willful the association will demand attorneys fees. Provides that if the association does not
respond to a written complaint of violation within 30 days against a unit owner, that will in turn authorize any unit owner to bring suit against
the association. Any violation which are deemed a hazard to the pubic health may be corrected immediately as an emergency.
Section 2
Negligence or carelessness of unit owner, etc. Unit owners shall be liable for the expense of any maintenance repair by owners act or by
their guests, employees, agents or lessees, but only to the extent the expense is not met by covered insurance carried by the association.
Owner liability shall include any increase in insurance rates caused by said owner.
The expense for any maintenance, repair, or replacement required shall be charged to said owner as a specific item which shall be a lien
against unit with the force and effect as if the charge were part of the common expense.
Section 3
Costs and attorneys fees.
Provides for the recovery of costs and attorneys fees.
Section 4
No Waiver of Rights.
The failure of the association or unit owner to enforce any right in the present shall not prevent the association or unit owner to enforce the
same right in the future.
Section 5
Election of Remedies.
All rights granted to the association and unit owners are cumulative, so by exercising one right will not preclude the party from exercising
additional rights.
Section 6.The Management Firm. This section has expired.
Article IX
Acquisition of Units
Section 1
Voluntary Sale or Transfer.
Details procedure for consenting or denying the transfer of ownership of a unit by means of a sale when reviewed by the Board of Directors.
The Board can consent the transfer or object for good cause. When the Board objects it has the right to designate the association as being
willing to purchase, lease, or rent said unit.
The association shall not be bound and shall not purchase or lease the unit without an affirmative vote of the association membership of not
less than 60%.
Where relative the Declaration of Condominium Article XI shall supercede these By-Laws.
Section 2
Acquisition on Foreclosure.
At any foreclosure sale the Board of Directors along with a 60% affirmative vote of the association membership may purchase a
condominium parcel in the name of the association. The Board of Directors shall not be required to obtain the approval of association
membership at foreclosure sale of a unit due to the associations lien for assessments. That exclusion is provided for in the Declaration of
Condominium, Article X.
Article X
Amendments to the By-Laws
The By-Laws may be altered, amended, or added to at any duly called meeting of the unit owners, provided
1 it is Noticed,
2 receives unanimous approval of the full Board of Directors, then a majority vote of the membership.
3 If the Board of Directors vote is not unanimous a 3/4 affirmative vote is required by the association.
4 Amendment shall be recorded and certified.
5 Where relative the Declaration of Condominium Article VIII shall supercede.
Article XI
Notices
Authorizes notices to be sent via provisions in the Declaration of Condominium.
Article XII
Idemnification
The association shall insure each Board of Director against all loss, cost, and expense incurred in connection with any action, suit or
proceeding having been brought against them.
The Board of Directors may not be shielded if it has been found guilty of gross negligence or willful misconduct. The Board of Directors may
be entitled to other rights.
Article XIII
Liability Survives Termination of Membership
The termination of membership in the condominium does not release the former member from any former liability incurred while being an
active member.
Article XIV
Limitation of Liability
Notwithstanding the duty of the association to maintain the condominium property the association shall not be liable for injury or damage
caused by a latent, hidden condition in the property nor for injury or damage caused by the elements or by other unit owners.
Article XV
Parliamentary Rules
The association's meetings shall be governed by Roberts Rules of Order when not in conflict with the condominium Act, the Declaration of
Condominium, or these By-Laws.
Article XVI
Liens
Section 1
Protection of Property
All liens against a unit, other than permitted mortgages, taxes, or special assessments shall be satisfied or removed within 30 days of the
date the lien attaches. All taxes and special assessments upon a unit shall be paid before becoming delinquent, as provided for in the
condominium documents or by law.
Section 2
A unit owner must notify the association within 5 days of a lien being attached.
Section 3
A unit owner must notify the association within 5 days of every suit brought against said unit.
Section 4
Failure to comply concerning liens will not affect the validity of any judicial sale.
Section 5
Permitted Mortgage Register
The association may maintain a register of all permitted mortgages and at the request of the mortgagee the association shall forward copies
of all notices for unpaid assessments or violations served upon a unit owner.
Article XVII
Rules & Regulations
Permits the Board of Directors to adopt and amend previously adopted administrative Rules & Regulations governing the details of the
operation, use, maintenance, management and control of the common areas including the clubhouse and pool areas. A copy of the Rules &
Regulations shall from time to time be posted in a conspicuous place.
Section 2
As to Condominium Units. Permits the Board of Directors To adopt, amend Rules & Regulations governing and restricting the use and
maintenance of condominium units.
Section 3
Conflict. If there is a conflict between the Rules & Regulations, the condominium documents and the Condominium Act, then the
Condominium Act shall prevail. If there is a conflict between the Rules & Regulations and the By-Laws and the Declaration of Condominium
then the Declaration of Condominium shall prevail.
 |
 |
 |
 |
 |
 |
 |
 |
 |
Heather Walk Condominium Incorporated
Established 1973