Heather Walk Condominium DECLARATION OF CONDOMINIUM
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I. SUBMISSION STATEMENT
ARROJADO CORPORATION, a California Corporation, being the owner of record of the fee simple title to the real property situate,
lying and being in Dade County, Florida, as more particularly described and set forth as the Condominium property in the Survey
Exhibits attached hereto as "Exhibit No. 1", which are made a part hereof as though fully set forth herein (together with equipment,
furnishings and fixtures therein contained not personally owned by unit owners), hereby states and declares that said realty, together
with improvements thereon, is submitted to Condominium ownership, pursuant to the Condominium Act of the State of Florida, F.S.
711 Et Seq. (hereinafter referred to as the "Condominium Act"), and the provisions of said Act are hereby incorporated by reference
and included herein thereby, and does herewith file for record this Declaration of Condominium.
Definitions : - As used in this Declaration of Condominium and By-Laws and Exhibits attached hereto, and all Amendments
thereof, unless the context otherwise requires, the following definitions shall prevail: -
A. Declaration, or Declaration of Condominium, or Enabling Declaration, means this instrument as it may be from time to time
amended.
B. Association, means the Florida non-profit Corporation whose name appears at the end of this Declaration as "Association", said
Association being the entity responsible for the operation of the Condominium.
C. By-Laws, means the By-Laws of the Association specified above, as they exist from time to time.
D. Common Elements, means the portions of the Condominium property not included in the Units.
E. Limited Common Elements, means and includes those common elements which are reserved for the use of a certain unit
or units, to the exclusion of all other units.
F. Condominium, means that form of ownership of Condominium property under which units of improvements are subject to
ownership
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by one or more owners, and there is appurtenant to each unit, as part thereof, an undivided share in the common elements.
G. Condominium Act, means and refers to the Condominium Act of the State of Florida (F.S. 711 Et Seq.).
H. Common Expenses, means the expenses for which the unit owners are liable to the Association.
I. Common Surplus, means the excess of all receipts of the Association from this Condominium, including, but not limited to,
assessments, rents, profits and revenues on account of the common elements, over and above the amount of common
expenses of this Condominium.
J. Condominium property, means and includes the land in a Condominium, whether or not contiguous, and all improvements
thereon, and all easements and rights appurtenant thereto, intended for use in connection with the Condominium.
K. Assessment, means a share of the funds required for the payment of common expenses which, from time to time, are
assessed against the unit owner.
L. Condominium Parcel or Parcel means a unit, together with the undivided share in the common elements which are
appurtenant to the unit.
M. Condominium Unit, or Unit, is a Unit as defined in the Condominium Act, referring herein to each of the separate and
identified units delineated in the Survey attached to the Declaration as Exhibit No. 1, and when the context permits, the
Condominium parcel includes such unit, including its share of the common elements appurtenant thereto. The physical
boundaries of each unit are as delineated in the Survey aforedescribed, and are as more particularly described in Article III
and Article XIX.B of this Declaration.
N. Unit Owner, or Group of Owners, or Owner of a Unit, or Parcel Owner, means the owner or group of owners of a single
Condominium parcel.
0. Developer, means the California Corporation whose name appears at the end of this Declaration as "Developer", its
successors and assigns.
P. Institutional Mortgagee, means a Bank, Savings and Loan Association, Insurance Company or Union Pension Fund,
authorized to do business in the United States of America, an Agency of the United States Government, a real estate or
mortgage investment trust, or a lender generally recognized in the community as an Institutional type lender. An individual
mortgage on a unit may be placed through a Mortgage or Title Company.
Q. Occupant means the person or persons, other than the unit owner, in possession of a unit.
R. Condominium Documents, means this Declaration, the By-Laws and all Exhibits annexed hereto, as the same may be
amended from time to time.
S. Unless the context otherwise requires, all other terms used in this Declaration shall be assumed to have the meaning
attributed to said term by Section 3 of the Condominium Act as of the date of this Declaration.
T. Management Agreement, means and refers to that certain Agreement attached to this Declaration and made a part
hereof, which provides for the management of the Condominium property.
U. Management Firm, means and refers to the Corporation identified as the Management Firm in the Management
Agreement attached to this Declaration, its successors and assigns. The Management Firm shall be responsible for the
management of the Condominium property
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as provided in the management Agreement attached to this Declaration and made a part hereof.
II. NAME
The name by which this Condominium is to be identified is as specified at the top of page 1 of this Declaration.
III. IDENTIFICATION OF UNITS
The Condominium property consists essentially of all units in the buildings and other improvements as set forth in Exhibit No. 1
attached hereto and for the purpose of identification, all units in the buildings located on said Condominium property are given
identifying numbers and all buildings are given identifying numbers and same are delineated on the Survey Exhibits, collectively
identified as "Exhibit No. 1", hereto attached and made a part of this Declaration. No unit in a building bears the same identifying
number as does any other unit in a building and no building in the Condominium bears the same identifying number as does any other
building in the Condominium. The aforesaid identifying number as to the unit and number as to the building is also the identification as
to the parcel.
The said Exhibit No. 1 also contains a survey of the land, graphic description of the improvements in which the units are
located, and a plot plan and, together with this Declaration, they are in sufficient detail to identify the location, dimensions
and size of the common elements and of each unit, as evidenced by the Certificate of the Registered Land Surveyor hereto
attached. The legend and notes contained within the said Exhibit are incorporated herein and made a part hereof by
reference.
IV. OWNERSHIP OF COMMON ELEMENTS
Each of the unit owners of the Condominium shall own an undivided interest in the common elements and limited common
elements, and the undivided interest, stated as percentages of such ownership in the said common elements and limited
common elements, is set forth on Exhibit A, which is annexed to this Declaration and made a part hereof.
The fee title to each Condominium parcel shall include both the Condominium unit and the above respective undivided
interest in the common elements, said undivided interest in the common elements to be deemed to be conveyed or
encumbered with its respective Condominium unit. Any attempt to separate the fee title to a Condominium unit from the
undivided interest in the common elements appurtenant to each unit shall be null and void. The term "common elements",
when used throughout this Declaration, shall mean both common elements and limited common elements, unless the context
otherwise specifically requires.
V. VOTING RIGHTS
There shall be one person with respect to each unit ownership who shall be entitled to vote at any meeting of the Association and
such person shall be known (and is hereinafter referred to) as a "Voting Member". If a unit is owned by more than one person, the
owners of said unit shall designate one of them as the Voting Member, or in the case of a Corporate unit owner, an officer or employee
thereof shall be the Voting Member. The designation of the Voting Member shall be made as provided by and subject to the provisions
and restrictions set forth in the By-Laws of the Association. Each owner or group of owners shall be entitled to the number
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of votes equal to the total of the percentage of ownership in the common elements applicable to his Condominium parcel, as set forth
and specified in Exhibit "A" which is annexed to this Declaration and made a part hereof. The vote of a Condominium unit is not
divisible.
VI. COMMON EXPENSE AND COMMON SURPLUS
The common expenses of the Condominium, including the obligation of each unit owner under the Management Agreement
attached to this Declaration, shall be shared by the unit owners, as specified and set forth in Exhibit "A". The foregoing ratio
of sharing common expenses and assessments shall remain, regardless of the purchase price of the Condominium parcels,
their location, or the building square footage included in each Condominium unit. Any common surplus of the Association
shall be owned by each of the unit owners in the same proportion as their percentage ownership interest in the common
elements - any common surplus being the excess of all receipts of the Association from this Condominium, including but not
limited to, assessments, rents, profits and revenues on account of the common elements of this Condominium, over the
amount of the common expenses of this Condominium.
VII. METHOD OF AMENDMENT OF DECLARATION
This Declaration may be amended at any regular or special meeting of the unit owners of this Condominium, called and
convened in accordance with the By-Laws, by the affirmative vote of Voting Members casting not less than three-fourths
(3/4ths) of the total vote of the members of the Association. All Amendments shall be recorded and certified as required by
the Condominium Act.
No Amendment shall change any Condominium parcel, nor a Condominium unit's proportionate share of the common
expenses or common surplus, nor the voting rights appurtenant to any unit, unless the record owner(s) thereof, and all
record owners of mortgages or other voluntarily placed liens thereon, shall join in the execution of the Amendment.
No amendment shall be passed which shall impair or prejudice the rights and priorities of any mortgages or change the
provisions of this Declaration with respect to Institutional Mortgagees without the written approval of all Institutional
Mortgagees of record, nor shall the provisions of Article XII of this Declaration be changed without the written approval of all
Institutional Mortgagees of record. Notwithstanding the foregoing, no Amendment shall change the rights and privileges of
the Developer and Management Firm without the applicable party's written consent.
Notwithstanding the foregoing paragraphs of this Article VII, the Developer reserves the right to change the interior design
and arrangement of all units, and to alter the boundaries between units, as long as the Developer owns the units so altered; however,
no such change shall increase the number of units nor alter the boundaries of the common elements, except the party wall between
any Condominium units, without Amendment of this Declaration in the manner herein before set forth.
If the Developer shall make any changes in units, as provided in this paragraph, such changes shall be reflected by the
Amendment of this Declaration with a Survey attached, reflecting such authorized alteration of units, and said Amendment
need only be executed and acknowledged by the Developer and any holders of Institutional Mortgages encumbering the said altered
units. The Survey shall be certified in the manner required by the Condominium Act. If more than one unit is
concerned, the Developer shall apportion between the units the shares of the common elements Appurtenant to the units
concerned and the voting rights, together with apportioning the common expenses and common surplus of the units
concerned, and such shares of common elements, common expenses and common surplus, and the voting rights
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of the units concerned shall be duly noted in the Amendment of the Declaration. Notwithstanding the foregoing paragraphs of this
Article VII, it is understood and agreed that as of the time this Declaration of Condominium is dated and recorded in the Public
Records of Dade County, Florida, all of the buildings, units and improvements contained in this Condominium are not completed;
however, all units and buildings within this Condominium shall be shown and located in Exhibit No. 1 attached hereto, as provided in
Article III of this Declaration, and said Exhibit No. 1 shall note thereon which units and building(s) are completed as of the date of said
Exhibit and which units and building's) are incomplete as of the date of said Exhibit; however, said Exhibit No. 1 shall contain a
graphic description of the building(s) and units located therein and a Plot Plan and, together with this Declaration, they shall be in
sufficient detail to identify the location, dimensions and size of the common elements, limited common elements and of each unit. The
Developer shall complete the incomplete buildings and units and improvements within said Condominium within twelve (12) months
from the date of said Declaration; provided, however, said time shall be extended by virtue of delays caused by Acts of God, acts of
governmental authority's), flood, hurricane, strikes, labor conditions beyond Developer's control, or any other causes not within
Developer's control. As a building or buildings and the units therein are completed, the Developer shall file an Amendment of this
Declaration with a Survey attached reflecting the final location, dimensions and size of the then completed building(s) and units therein
(which includes the location and size of the completed improvement(s)) and said Survey shall comply with the provisions of Article III
of this Declaration and same shall be certified by a Registered Land Surveyor, as required by Florida Statute 711, and said
Amendment executed solely by the Developer with said Exhibit attached shall be duly recorded in the Public Records of Dade
County, Florida, and said Amendment shall be effective as of the date of recording same. The Developer may file several Amendments
of this Declaration as to the foregoing. The provisions of this paragraph are paramount to and supersede the foregoing provisions in the
paragraphs above under this Article VII. The foregoing includes the recreation areas and facilities within the Condominium.
VIII. BY-LAWS
The operation of the Condominium property shall be governed by the By-Laws of the Association which are set forth in a
document which is annexed to this Declaration, marked Exhibit No. 2, and made a part hereof.
No modification of or Amendment to the By-Laws of said Association shall be valid unless set forth in or annexed to a duly
recorded Amendment to this Declaration. The By-Laws may be amended in the manner provided for therein, but no
Amendment to said By-Laws shall be adopted which would affect or impair the validity or priority of any mortgage covering
any Condominium parcel(s), or which would change the provisions of the By-Laws with respect to Institutional Mortgages
without the written approval of all Institutional Mortgagees of record.
No amendment shall change the rights and privileges of the Developer and Management Firm without the applicable parties
written approval. Any amendment to the By-Laws, as provided herein, shall be executed by the parties as required in this
Article and in Article VII above, and said Amendment shall be recorded in the Public Records of Dade County, Florida.
IX. THE OPERATING ENTITY
The operating entity of the Condominium shall be the Florida non-profit Corporation whose name appears at the end of this
Declaration as, the "Association" which is responsible for the operation of the Condominium specified in Article II herein
above, said Association being organized and existing pursuant to the Condominium Act. The
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said Association shall have all of the powers and duties set forth in the Condominium Act, as well as all of the powers and
duties granted to or imposed upon it by this Declaration, the By-Laws of the Association and its Articles of Incorporation, a
copy of said Articles of Incorporation being annexed hereto marked Exhibit No. 3, and made a part hereof, and all of the
powers and duties necessary to operate the Condominium, as set forth in this Declaration and the By-Laws, and as they may be
amended from time to time. Every owner of a Condominium parcel, whether he has acquired his ownership by purchase, by gift,
conveyance or transfer by operation of law, or otherwise, shall be bound by the By-Laws and Articles of Incorporation of the said
Association, the provisions of this Declaration and the Management Agreement.
X. ASSESSMENTS
The Association, through its Board of Directors, has delegated to the Management Firm the power of the Association to fix
and determine from time to time the sum or sums necessary and adequate to provide for the common expenses of the
Condominium property and such other sums as are specifically provided for in this Declaration and the By-Laws, and Exhibits
attached hereto, for such period of time as provided in the Management Agreement, and thereafter, the Association shall have such
power. The Association, through its Board of Directors, shall have the power to fix and determine from time to time the sum or sums
necessary and adequate to provide for the common expenses of the Condominium property and such other assessments as are
specifically provided for in this Declaration and Exhibits attached hereto, where said power has not been or is no longer delegated to
the Management Firm. The procedure for the determination of all such assessments shall be as set forth in the By-Laws of the
Association and this Declaration, and the Exhibits attached hereto. The common expenses shall be assessed against each
Condominium parcel owner as provided for in Article VI of this Declaration. Assessments and installments that are unpaid for over ten
(10) days after due date shall bear interest at the rate of ten percent (10%) per annum from due date until paid, and at the sole
discretion of the Management Firm and or the Board of Directors, a late charge of $25.00 shall be due and payable. Regular
assessments shall be due and payable monthly on the first of each month.
The Association and the Management Firm, as long as the Management Agreement remains in effect, shall have a lien on
each Condominium parcel for unpaid assessments, together with interest thereon, against the unit owner of such
Condominium parcel, together with a lien on all tangible personal property located within said unit, except that such lien upon the
aforesaid tangible personal property shall be subordinate to prior bona fide liens of record. Reasonable attorneys ' fees incurred by the
Association and Management Firm incident to the collection of such assessments or the enforcement of such lien, together with all
sums advanced and paid by the Association or the Management Firm for taxes and payments on account of superior mortgages, liens
or encumbrances which may be required to be advanced by the Association or Management Firm, in order to preserve and protect its
lien, shall be payable by the unit owner and secured by such lien.
The Management Firm, for as long as the Management Agreement remains in effect, and the Board of Directors, may take
such action as it deems necessary to collect assessments by personal action or by enforcing and foreclosing said lien, and
may settle and compromise the same if deemed in its best interests. Said lien shall be effective as and in the manner
provided for by the Condominium Act, and shall have the priorities established by said Act. The Management Firm, as long
as the Management Agreement remains in effect, and the Association, shall be entitled to bid at any sale held pursuant to a
suit to foreclose an assessment lien, and to apply as a cash credit against its bid, all sums due, as provided herein, covered by the
lien enforced. In case of such foreclosure, the unit owner shall be required to pay a
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reasonable rental for the Condominium parcel for the period of time said parcel is occupied by the unit owner or anyone by,
through or under said unit owner, and Plaintiff in such foreclosure shall be entitled to the appointment of a Receiver to collect same
from the unit owner and/or occupant. Where the Mortgagee of an Institutional First Mortgage of record, or other purchaser of a
Condominium unit, obtains title to a Condominium parcel as a result of foreclosure of the Institutional First Mortgage, or when an
Institutional First Mortgagee of record accepts a Deed to said Condominium parcel in lieu of foreclosure, such acquirer of title, its
successors and assigns, shall not be liable for the shares of common expenses or assessment by the Management Firm or the
Association pertaining to such Condominium parcel, or chargeable to the former unit owner of such parcel, which became due prior to
acquisition of title as a result of the foreclosure or the acceptance of such Deed in lieu of foreclosure. Such unpaid share of common
expenses or assessments shall be deemed to be common expenses collectible from all of the unit owners, including such acquirer,
his successors and assigns.
Any person who acquires an interest in a unit, except through foreclosure of an Institutional First Mortgage of record, or by
virtue of an Institutional First Mortgagee accepting a Deed to a Condominium parcel in lieu of foreclosure, as specifically
provided hereinabove including, without limitation, persons acquiring title by operation of law, including purchasers at judicial sales,
shall not be entitled to occupancy of the unit or enjoyment of the common elements until such time as all unpaid assessments due
and owing by the former unit owners have been paid.
The Management Firm, as long as the Management Agreement remains in effect, and thereafter, the Association, acting
through its Board of Directors, shall have the right to assign its claim and lien rights for the recovery of any unpaid
assessments to the Developer, or to any unit owner or group of unit owners, or to any third party.
XI. PROVISIONS RELATING TO SALE OR RENTAL OR OTHER ALIENATION OR MORTGAGING OF CONDOMINIUM UNITS
A. SALE OR RENTAL OF UNITS -
Association and Management Firm to Have First Right of Refusal.
In the event any unit owner wishes to sell, rent or lease his unit, the Association and Management Firm, as long as the
Management Agreement remains in effect, shall have the option to purchase, rent or lease said unit, upon the same
conditions as are offered by the unit owner to a third person. Any attempt to sell, rent or lease said unit without prior offer to
the Association and Management Firm 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 approval of the Management Firm is
required pursuant to Article XVIII.A. of this Declaration. Should a unit owner wish to sell, lease or rent his Condominium parcel (which
means the unit, together with the undivided share of the common elements appurtenant thereto), he shall, before accepting any offer
to purchase, sell or lease, or rent, his Condominium parcel, deliver to the Management Firm and Board of Directors of the Association
a written notice" containing the terms of the offer he has received, or which he wishes to accept, the name and address of the person
(s) to whom the proposed sale, lease "or transfer is to "be made, two references and three individual references, local, if possible and
such other information (to be requested within five (5) days from receipt of such notice) as may be required by the Board of Directors
of the Association or the Management Firm. The Board of Directors of the Association, or the Management Firm, is authorized to
waive any of all of the references aforementioned. The Board of Directors of the Association and the Management Firm, within ten (10)
days after receiving such notice and such sup-
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plemental information as is required by the Board of Directors or Management Firm, shall either consent to the transaction
specified in said notice, or by written notice to be delivered to the unit owner's unit (or mailed to the place designated by the
unit owner in his notice), designate the Association, or the Management Firm may designate itself, or the Association or the
Management Firm may designate one or more persons than unit owners, or any other person(s) satisfactory to the Board of Directors
of the Association and the Management Firm, who are willing to purchase, lease or rent, upon the same terms as those specified in
the unit owner's notice, or object to the sale, leasing or renting to the prospective purchaser, tenant or lessee, for good cause, which
cause need not be set forth in the notice from the Board of Directors and Management Firm to the unit owner.
However, the Association and the Management Firm shall not unreasonably withhold its consent to the prospective sale,
rental or lease. The stated designee of the Board of Directors or Management Firm shall have fourteen (14) days from the
date of the notice sent by the Board of Directors or Management Firm within which to make a binding offer to buy, lease or
rent, upon the same terms and conditions specified in the unit owner's notice. Thereupon, the unit owner shall either accept
such offer or withdraw and/or reject the offer specified in his notice to the Board of Directors and Management Firm.
Failure of the Board of Directors and Management Firm to designate such person(s), or failure of such person(s) to make
such offer within the said fourteen (14) day period, or failure of the Board of Directors and Management Firm to object for
good cause, shall be deemed consent by the Board of Directors and Management Firm to the transaction specified in the
unit owner's notice, and the unit owner shall be free to make or accept the offer specified in his notice and sell, lease or rent said
interest pursuant thereto, to the prospective purchaser or tenant named therein, within ninety (90) days after his notice was given. The
consent of the Board of Directors of the Association and of the Management Firm shall be in recordable form, signed by two Officers
of the Association and an executive Officer of the Management Firm, and shall be delivered to the purchaser or lessee. Should the
Board of Directors and Management Firm fail to act, as herein set forth, and within the time provided herein, the Board of Directors of
the Association and Management Firm shall, nevertheless, thereafter prepare and deliver its written approval, in recordable form as
aforesaid, and no conveyance of title or interest whatsoever shall be deemed valid without the consent of the Board of Directors and
the Management Firm as herein set forth. The sub-leasing or sub-renting of a unit owner's interest shall be subject to the same
limitations as are applicable to the leasing or renting thereof. The Management Firm, as long as the Management Agreement remains
in effect, and thereafter, the Association, shall have the right to require that a substantially uniform form of lease or sub-lease be used,
or in the alternative, the Management Firm, as long as the Management Agreement remains in effect, and thereafter, the Board of
Directors' approval of the lease or sub-lease form to be used shall be required. After approval, as herein set forth, entire units may be
rented, provided the occupancy is only by the Lessee, his family and guests. No individual rooms may be rented and no transient
tenants may be accommodated. Where a Corporate entity is the owner of a unit, it may designate the occupants of the units as it
desires, and for such period of time as it desires, without compliance with the provisions of Section A. of this Article XI. The foregoing
shall not be deemed an assignment or sub-leasing of a unit, and shall be deemed to be in compliance with the provisions of the first
paragraph of Article XIII of this Declaration. The Management Firm is not authorized to designate the Association as the purchaser or
lessee of a unit, and the Association's right 'to designate itself as the purchaser or lessee of a unit, or designate a third person to
purchase or lease a unit, shall be prior to the right of the Management Firm.
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B. MORTGAGE AND OTHER ALIENATION OF UNITS
1. A unit owner may not mortgage his unit, nor any interest therein, without the approval of the Association and the
Management Firm, as long as the Management Agreement remains in effect, except to an Institutional Mortgagee, as
hereinbefore defined. The approval of any other mortgagee may be upon conditions determined by the Board of Directors of the
Association and the Management Firm, and said approval, if granted, shall be in recordable form, executed by two Officers of the
Association and an executive officer of the Management Firm. Where a unit owner sells his unit and takes back a mortgage, the
approval of the Association and Management Firm 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 the Management Firm, as long as the Management Agreement
remains in effect, which approval shall be in recordable form, executed by two Officers of the Association and an executive Officer of
the Management Firm, and delivered to the purchaser; or,
(b) The sale is a result of a public sale with open bidding,
3. Any sale, mortgage or lease which is not authorized pursuant to the terms of the Declaration shall be void unless
subsequently approved by the Board of Directors of the Association and the Management Firm, as long as the Management
Agreement remains in effect, and said approval shall have the same effect as though it had been given and filed of record
simultaneously with the instrument it approved.
4. The foregoing provisions of this Article XI shall not apply to transfers by a unit owner to any member of his immediate family
(viz: - spouse, children or parents.)
The phrase "sell, rent, or lease", in addition to its general definition, shall be defined as including the transferring of a unit
owner's interest by gift, devise or involuntary or judicial sale.
In the event a unit owner dies and his unit is conveyed or bequeathed to some person other than his spouse, children or
parents, or if some other person is designated by the decedent's legal representative to receive the ownership of the
Condominium unit, or if, under the laws of descent and distribution of the State of Florida, the Condominium unit descends to some
person or persons other than the decedent's spouse, children or parents, the Board of Directors of the Association or the Management
Firm may, within thirty (30) days of proper evidence or rightful designation served upon the President or any other officer of the
Association and the Management Firm, or within thirty (30) days from the date the Association and Management Firm is placed on
actual notice of the said devisee or descendant, express its refusal or acceptance of the individual or individuals so designated as the
owner of the Condominium parcel. If the Board of Directors of the Association and Management Firm shall consent, ownership of the
Condominium parcel may be transferred to the person or persons so designated who shall, thereupon, become the owner(s) of the
Condominium parcel, subject to the provisions of the Enabling Declaration and the Exhibits attached thereto. If, however, the Board of
Directors of the Association or the Management Firm shall refuse to consent, then the members of the association or the
Management Firm shall be given an opportunity during thirty (30) days next after said last above mentioned thirty (30) days, within
which to purchase or to furnish a purchaser for cash, the said Condominium parcel, at the then fair market value thereof. Should the
parties fail to agree on the value of such Condominium parcel, the same shall be determined by an Appraiser appointed by the Senior
Judge of the Circuit Court in and for the area wherein the Condominium is located, upon ten (10) days' notice, on the petition to any
party in interest. The expense of appraisal shall be paid by the said designated person or persons, or the legal representative of the
deceased
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owner, out of the amount realized from the sale of such Condominium parcel. In the event the members of the Association, or the
Management Firm, do not exercise the privilege of purchasing or furnishing a purchaser for said Condominium parcel
within such period and upon such terms, the person or persons so designated may then, and only in such event, take title to the
Condominium parcel; or, such person or persons, or the legal representative of the deceased owner may sell the said Condominium
parcel, and such sale shall be subject in all other respects to the provisions of this Enabling Declaration and Exhibits attached hereto.
5. The liability of the unit owner under these covenants shall continue, notwithstanding the fact that he may have leased,
rented or sub-let said interest as provided herein. Every purchaser, tenant or lessee, shall take subject to this Declaration,
the By-Laws and Articles of Incorporation of the Association and the Management Agreement, as well as the provisions of the
Condominium Act.
6. Special Provisions re Sale. Leasing. Mortgaging or Other Alienation by Certain Mortgagees and Developer and the
Management Firm.
(a) An Institutional First Mortgagee holding a mortgage on a Condominium parcel, or the Management Firm, upon becoming
the owner of a Condominium parcel through foreclosure, or by Deed in lieu of foreclosure, or whomsoever shall become the
acquirer of title at the foreclosure sale of an Institutional First Mortgage or the lien for common expenses, shall have the
unqualified right to sell, lease or otherwise transfer said unit, including the fee ownership thereof, and/or to mortgage said
parcel, without prior offer to the Board of Directors of the Association and the Management Firm, and without the prior
approval of the said Board of Directors and the Management Firm.
The provisions of Sections A. and B., No.'s 1.-5., of this Article XI shall be inapplicable to such Institutional First Mortgagee, or the
Management Firm or acquirer of title, as aforedescribed in this paragraph.
(b) The provisions of Sections A. and B., Nos. 1.-5., of this Article XI shall be inapplicable to the Developer and Management Firm.
The said Developer and Management Firm are irrevocably empowered to sell, lease, rent and/or mortgage Condominium
parcels or units, and portions thereof, to any purchaser, lessee or mortgagee approved by them. The Developer shall have
the right to transact any business necessary to consummate sales or rentals of units, or portions thereof, including but not
limited to the right to maintain models, have signs, use the common elements, and to show units. The sales office(s), signs,
and all items pertaining to sales shall not be considered common elements and shall remain the property of the Developer.
The Developer may use a unit(s) as a sales office and/or model apartment(s).
(c) In the event there are unsold parcels, the Developer retains the right to be the owner of said unsold parcels under the
same terms and conditions as all other parcel owners in said Condominium; however, said Developer, for such time as it
continues to be a parcel owner, but not exceeding twelve (12) months after the first day of the month following the filing of
this Declaration, shall only be required to contribute such sums to the common expenses of the Condominium, in addition to
the total monthly common expense assessments paid by all other parcel owners, as may be required for the Association to
maintain the Condominium, as provided in this Declaration and Exhibits attached hereto, but in no event shall the Developer be
required to contribute to the common expenses as to the parcels owned by it in an amount exceeding the obligation for such unit, as
specified and set forth in Exhibit "A" attached to this Declaration. Commencing twelve (12) months after the first day of the month
following the filing of this Declaration of Condominium, the Developer- shall contribute to the common expenses, as to the parcels
owned by it, in the same manner as all other parcel owners, as provided in Exhibit "A" attached to this Declaration. The foregoing
applies to parcels, i.e. Condominium, units, used by the Developer as models and/ or offices.
D-11 ↓
8414 pg 733 ↓
XII. INSURANCE PROVISIONS
A. LIABILITY INSURANCE:-
The Management Firm, as long as the Management Agreement remains in effect and, thereafter, the Board of Directors of
the Association, shall obtain Public Liability and Property Damage Insurance covering all of the common elements of the
Condominium and insuring the Association, the unit owners and the Management Firm, as long as the Management
Agreement remains in effect, as its and their interests appear, in such amounts and providing such coverage as the
Management Firm, as long as the Management Agreement remains in effect and, thereafter, the Board of Directors of the
Association, may determine from time to time. Premiums for the payment of such insurance shall be paid by the Management Firm,
as long as the Management Agreement remains in effect and, thereafter, by the Board of Directors of the Association, and such
premiums shall be charged as a common expense.
B. CASUALTY INSURANCE:-
1. Purchase of Insurance:- The Management Firm, as long as the Management Agreement remains in effect and, thereafter, the
Association, shall obtain Fire and Extended Coverage Insurance and Vandalism and Malicious Mischief Insurance, insuring all of the
insurable improvements within the Condominium (including the units and the fixtures and other equipment initially installed by the
Developer, but not including personal property supplied or installed by unit owners or others, nor the carpeting in the units, nor, where
applicable, the screening or enclosure on a balcony, terrace or patio which is a limited common element of said unit) and all personal
property owned by the Association, or included in the common elements, in and for the interests of the Association, all unit owners
and their mortgagees, as their interests may appear, in a company acceptable to the standards set by the Management Firm, as long
as the Management Agreement remains in effect and, thereafter, by the Board of Directors of the Association, in an amount equal to
the maximum insurable replacement value of the improvements without deduction for depreciation but exclusive of excavation and
foundation costs and in an amount equal to the value of the personal property owned by the Association or included in the common
elements, as determined annually by the Management Firm, as long as the Management Agreement remains in effect and, thereafter,
by the Board of Directors of the Association. The premiums for such coverage and other expenses in connection with said insurance
shall be paid by the Management Firm, as long as the Management Agreement remains in effect and, thereafter, by the Association,
and shall be charged as a common expense. Institutional First Mortgagees owning and holding first mortgages encumbering
Condominium units in the Condominium property having an unpaid dollar indebtedness equal to $100,000.00 or more shall have the
right to approve the Policies and the company or companies who are the insurers under the insurance placed by the Management
Firm and, thereafter, by the Association, as herein provided, end the amount thereof, and the further right to approve the Insurance
Trustee. In the absence of the action of said Mortgagees, then the Management Firm, as long as the Management Agreement
remains in effect, and thereafter, the Association, shall have said right, without qualification.
2. Loss Payable Provisions - Insurance Trustee- All policies purchased by the Management Firm and, thereafter, by the
Association, shall be for the benefit of and made payable to the Association and all unit owners, and their mortgagees, as
their interests may appear. Such Policies shall be posted with the Insurance Trustee (as hereinafter defined, who must first
acknowledge that the Policies and any proceeds thereof will be held in accordance with the terms hereof. Said Policies shall
provide that all insurance proceeds payable on account of loss or damage shall be payable to the Insurance Trustee. which
may be any Bank in Florida with trust powers may be approved by the Management Firm, as long as the Management
Agreement remains in effect and, thereafter, by the Board of Directors of the Association,
D-12 ↓
8414 pg 734 ↓
which Trustee is herein referred to as the "Insurance Trustee". Mortgagee Endorsements shall be issued as to said Policies. All
Institutional First Mortgagees who own and hold a First Mortgage on a Condominium unit shall have a right to receive a certified copy
of the Insurance Policies) which are obtained pursuant to this Article XII.B. and the party responsible for obtaining said Policy(s) shall
cause certified copies of said Policy(s) to be delivered to such Institutional First Mortgagees immediately upon written request by said
Mortgagee(s). The Insurance Trustee shall not be liable for the payment of premiums nor for the renewal or the sufficiency of policies,
nor for the failure to collect any insurance proceeds, nor for the form or content of the policies. The sole duty of the Insurance Trustee
shall be to receive such proceeds as are paid and hold the same in thrust for the purposes else were stated herein, and for the benefit
of the Association and the unit owners and their respective mortgage the following shares, but such shares need not be set forth upon
the records of the Insurance
Trustee:-
(a) Common Elements:-Proceeds on account of damage to common elements - an undivided share for each unit owner, such share
being the same as the undivided share in the common elements appurtenant to his unit.
(b) Condominium Units:-Proceeds on account of Condominium units shall be in the following undivided shares:
(i) Partial Destruction - when units are to be repaired and restored - for the owners of the damaged units, in proportion to the cost of
repairing the damage suffered by each unit owner.
(ii) Total Destruction of Condominium improvements, or where "very substantial" damage occurs and the Condominium
improvements are not to be restored, as provided hereinafter in this Article-for the owners of all Condominium units-each
owner 's share being in proportion to his share in the common elements appurtenant to his Condominium unit.
(c) Mortgagees:- In the event a Mortgagee Endorsement has been issued as to a unit, the share of the unit owner shall be
held in trust for the mortgagee and the unit owners as their interests may
appear, provided, however, that no mortgagee shall have any right to determine or participate in the determination as to
whether or not any damaged property shall be reconstructed or repaired.
3. Distribution of Proceeds: Proceeds of Insurance Policies received by the Insurance Trustee shall be distributed to or for
the benefit of the beneficial owners, and expended or disbursed after first paying or making provision for the payment of the
expenses of the Insurance Trustee in the following manner:-
(a) Reconstruction or Repair:- If the damage for which the proceeds were paid is to be repaired and restored, the remaining
proceeds shall be paid to defray the cost thereof, as elsewhere provided. Any proceeds remaining after defraying such costs shall be
distributed to the beneficial owners - all remittance to unit owners and their mortgagees being payable jointly to them. This is a
covenant for the benefit of any mortgagee of a unit and may be enforced by said mortgagee.
Said remittances shall be made solely to an Institutional First Mortgagee when requested by such Institutional First
Mortgagee whose mortgage provides that it has the right to require application of the insurance proceeds to the payment or
reduction of its mortgage debt.
(b) Failure to Reconstruct or Repair: If it is determined in the manner elsewhere provided that the damage for which the
proceeds are paid shall not be repaired and restored, the proceeds shall be disbursed to the beneficial owners; remittances to unit
owners and their mortgagees being payable jointly to them.- This is a covenant for the benefit of any mortgagee of a unit, and may be
enforced by such mortgagee. Said remittances shall be made solely by an Institutional First Mortgagee when requested by such
Institutional First Mortgagee whose mortgage provides that it has the right to require application of the insurance proceeds to the
payment of its mortgage debt. In the event of loss or damage to personal property belonging to the
D-13 ↓
8414 pg 735 ↓
Association, and should the Board of Directors the Association determine not to replace such personal property as may be
lost or damaged, the proceeds shall, be disbursed to the beneficial owners as surplus, in the manner elsewhere stated
herein.
(c) Certificate; -In making distribution to unit owners and their mortgagees, the Insurance Trustee may rely upon a Certificate of the
Management Firm, as long as the Management Agreement remains in effect, and thereafter, the Association, as to the names of the
unit owners and their respective shares of the distribution, approved in writing by an Attorney authorized to practice law in the State of
Florida, a Title Insurance Company or Abstract Company authorized to do business in the State of Florida. Upon request of the
Insurance Trustee, the Management Firm, and thereafter, the Association, forthwith shall deliver such Certificate.
4. Loss Within a Single Unit. -If loss shall occur within a single unit or units, without damage to the common elements and 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, but said loss is less than "very substantial", (as hereinafter defined) it shall be
obligatory upon the Association and the unit owner(s) to repair, restore and rebuild the damage caused by said loss. Where such loss
or damage is less than "very substantial":-
(a) The Management Firm, as long as the Management Agreement remains in effect, and thereafter, 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 Management Firm, as long as the Management Agreement remains in effect, and thereafter, to the Association, and the
Management Firm, and thereafter 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, as well as the common
elements, or if the damage is limited to the common elements alone, but it is in excess of $3,000.00, the insurance proceeds shall be
disbursed by the Insurance Trustee for the repair and restoration of the property upon the written direction and approval of the
Management Firm, as long as the Management Agreement remains in effect, and thereafter, the Association, provided however, that
upon the request of an Institutional First Mortgagee, the written approval shall also be required of the Institutional First Mortgagee(s)
owning and holding first mortgages encumbering Condominium units in this Condominium where the unpaid balances due on said
mortgages to said Institutional First Mortgagees are equal to $100,000.00 or more. Should written approval be required, as aforesaid, it
shall be said Mortgagees' duty to give written notice thereof to the Insurance Trustee. The Insurance Trustee may rely upon the
Certificate of the Management Firm, as long as the Management Agreement remains in effect, and thereafter, the Association, and
the aforesaid Institutional First Mortgagees written approval, if said Institutional First Mortgagees' approval are required, as to the
payee' and the amount to be paid from said proceeds. All payees shall deliver paid bills and waivers of mechanic's liens to the
Insurance Trustee, and execute any Affidavit required by law or by the Management Firm, as long as the Management Agreement
remains in effect, and thereafter, the Association, the aforesaid Institutional First Mortgagees and the Insurance Trustee, and deliver
same to the Insurance Trustee. In addition to the foregoing, the Institutional First Mortgagee whose approval may be required, as
aforedescribed, shall have the right to require the Management Firm, and thereafter, the Association, to obtain a Completion,
Performance and Payment Bond,
D-14 ↓
8414 pg 736 ↓
in such form and amount, and with a Bonding Company authorized to do business in the State of Florida, as are acceptable
to the said Mortgagees. (d) Subject to the foregoing, the Management Firm, as long as the Management Agreement remains in effect,
and thereafter, the Board of Directors of the Association, shall have the right and obligation to negotiate and contract for the repair and
restoration of the premises.
(e) If the net proceeds of the insurance are insufficient to pay for the estimated cost of restoration and repair (or for the
actual cost thereof if the work has actually been done,) Management Firm, as long as the Management Agreement remains
in effect, and thereafter, the Association, shall promptly, upon determination of the deficiency, levy a special" assessment
against all unit owners in proportion to the unit owner's share in the common elements for that portion of the deficiency as is
attributable to the cost of restoration of the common elements, and against the individual owners for that portion of the
deficiency as is attributable to his individual unit; provided, however, that if the Management Firm, as long as the
Management Agreement remains in effect, and thereafter, the Board of Directors of the Association, finds that it cannot
determine with reasonable certainty the portion of the deficiency attributable to a specific individual damaged unit(s), then the
Management Firm, as long as the Management Agreement remains in effect, acting on behalf of the Board of Directors, and thereafter
the Board of Directors of the Association, shall levy an assessment for the total deficiency against all of the unit owners in proportion
to the unit owners' share in the common elements, just as though all of said damage had occurred in the common elements. The
special assessment funds shall be delivered by the Management Firm, and thereafter, the Association to the Insurance Trustee, and
added by said Insurance Trustee to the proceeds available for the repair and restoration of the property.
(f) No mortgagee shall have the right to require the application of insurance proceeds to the payment of its loan.
6. "Very Substantial" Damage: As used in this Declaration, or any other context dealing with this Condominium, the term "very
substantial" damage shall mean loss or damage whereby three-fourths (3/4ths) or more of the total unit space in the
Condominium is rendered untenantable, or loss or damage whereby seventy-five percent (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 Management Firm, as long as the Management Agreement remains in effect, acting on behalf of the Board of
Directors of the Association and thereafter, the Association, shall promptly obtain reliable and detailed estimates of the cost of repair
and restoration thereof.
(b) The Management Firm, as long as the Management Agreement remains in effect, and thereafter, the Board of Directors
of the Association, shall ascertain as promptly as possible the net amount of insurance proceeds available for restoration
and repair. No mortgagee shall have the right to require the application of insurance proceeds to the payment of its loan.
(c) Thereupon, a membership meeting shall be called by the Management Firm, or by the Board of Directors of Association,
to be held not later than sixty (60) days after the casualty, to determine the wishes of the membership with reference to the
termination of the Condominium, subject to "the following: -
(i) 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 two thirds (2/3rds of the total votes of the
members of the Association shall vote to terminate in which case the Condominium property shall be re-
D-15 ↓
8414 pg 737 ↓
moved from the provisions of the law by the recording of an instrument terminating this Condominium in the Public Records of
the County in which this Condominium is located, which said instrument shall further set forth the facts effecting the
termination, certified by the Association and executed by its President and Secretary. The termination of the Condominium
shall become effective upon the recording of said instrument, and the unit owners shall thereupon become owners as tenants in
common in the property - i.e., the real, personal, tangible and intangible personal property, and any remaining structures of the
Condominium, and their undivided interests in the property shall be the same as their undivided interests in the common elements of
this Condominium prior to its termination, and the mortgages and liens upon Condominium parcels shall become mortgages and liens
upon the undivided interests of such tenants in common, with the same priority as existed prior to the termination of the Condominium.
(ii) If the net insurance proceeds available for restoration and repair are not sufficient to cover the costs thereof, so that a
special assessment will be required, and if a majority of the total votes of the members of the Association shall vote against
such special assessment and to terminate this Condominium, then it shall be so terminated and the Condominium property
removed from the provisions of the law as set forth in Paragraph 6.'(c)(i) above, and the unit owners shall be tenants in
common in the property in such undivided interests - and all mortgages and liens upon the Condominium parcels shall
encumber the undivided interests of such tenants in common, as is provided in said Paragraph 6.(c)(i) above. In the event a majority of
the total votes of the members of the Association vote in favor of special assessments, the Management Firm, as long as the
Management Agreement remains in effect, acting on behalf of the Association, and thereafter the Association, shall immediately levy
such assessment and, thereupon, the Management Firm, as long as the Management Agreement remains in effect and thereafter, the
Association, shall proceed to negotiate and contract for such repairs and restoration, subject to the provisions of Paragraph 5.(c) and
(d) above.
The special assessment funds shall be delivered by the Management Firm, and thereafter by the Association, to the
Insurance Trustee and added by said Trust to the proceeds available for the restoration and repair of the property. The
proceeds shall be disbursed by the insurance Trustee for the repair and "restoration of the property, as provided in
Paragraph 5.(c) above.
(d) In the event any dispute shall arise as to whether or not "very substantial" damage has occurred, it is agreed that such a finding
made by the Management Firm, as long as the Management Agreement remains in effect, and thereafter, by the
Board of Directors of the Association, shall be binding upon all unit owners.
7. Surplus:- It shall be presumed that the first monies disbursed in payment of costs of repair and restoration shall be from
the Insurance proceeds; and if there is a balance in the funds held by the Insurance Trustee after the payment of all. costs of the
repair and restoration, such balance shall be distributed to the beneficial owners of the fund in the manner elsewhere
provided herein.
8. Certificate:- The Insurance Trustee may rely upon a Certificate of the Management Firm, as long as the Management
Agreement remains in effect, and thereafter, of the Association, certifying as to whether or not the damaged property is to be repaired
and restored. Upon request of the Insurance Trustee, the Management Firm, and thereafter, the Association, shall forthwith deliver
such Certificate.
9. Plans and Specifications:- Any repair and restoration must be substantially in accordance with the Plans and Specifications for the
original building, or as the building was last constructed, or according to the plans approved by the Management Firm and the Board
of Directors of the Association which approval shall not be unreasonably withheld. If any material or substantial change is
contemplated the approval of all institutional First Mortgages shall also be required.
10. Association's Power to Compromise Claim:- The Management Firm, as long as the Management Agreement: remains in
effect, and there-
D-16 ↓
8414 pg 738 ↓
after, the Association, is hereby irrevocably appointed Agent for each unit owner, for the purpose of compromising and
settling claims arising under Insurance Policies purchased by the Management Firm, and thereafter, by the Association, and to
execute and deliver Releases therefor upon the payment of claims.
11. Institutional Mortgagee's Right to Advance Premiums. -
Should the Association fail to pay such premiums when due, or should the Association fail to comply with other insurance
requirements of the institutional mortgagee holding the greatest dollar volume of unit mortgages, said institutional mortgagee
(s) shall have the right, at its option, to order insurance policies and to advance such sums as are required to maintain or
procure such insurance, and to the extent of the money so advanced, said mortgagee shall be subrogated to the
assessment and lien rights of the Association as against the individual unit owners for the payment of such item of common
expense.
C. WORKMEN'S COMPENSATION POLICY - to meet the requirements of law.
D. Such other insurance as the Management Firm, as long as the Management Agreement remains in effect and, thereafter, the
Board of Directors of the Association, shall determine from time to time to be desirable.
E. Each individual unit owner shall be responsible for purchasing, at his own expense, liability insurance to cover accidents
occurring within his own unit, and for purchasing insurance upon his own personal property.
F. If available, and where applicable, the Management Firm, and thereafter, 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, and the Management Firm. Insurance Companies authorized to do business in the State of Florida shall be
affirmatively presumed to be good and responsible companies and the Management Firm and Board of Directors of the Association
shill not be responsible for the quality or financial responsibility of the Insurance Companies provided same are licensed to do
business in the State of Florida.
XIII. USE AND OCCUPANCY
The owner of a unit shall occupy and use his unit as a single family private dwelling for himself and the members of his family and his
social guests, and for no other purpose. The provisions of Article XI.B.6(b) are paramount to the foregoing
provisions. Occupancy of a unit on a permanent basis is limited to two (2) individuals for all 1-bedroom units and four (4)
individuals for all 2-bedroom units and six (6) individuals for all 3-bedroom units; however, individuals in excess of this
number may be permitted to visit and temporarily reside in a unit in this Condominium not to exceed sixty (60) days in total in any
calendar year.
The Management Firm, as long as the Management Agreement remains in effect, and thereafter, the Association, shall have the right
to extend said period of visitation within any calendar year. The unit owner shall not permit or suffer anything to be done or kept in his
unit which will increase the rate of insurance in the Condominium property, or which will obstruct or
interfere with the rights of other unit owners, or annoy them by unreasonable noises, or otherwise, nor shall the unit owners
commit or permit any nuisance, immoral or illegal acts in or about the Condominium property. No animals or pets of any kind
shall be kept in any unit or on any property of the Condominium, except with the written consent of and subject to the Rules
and' Regulations adopted by the Management Firm for the keeping of said pets, as long as the Management Agreement
remains in effect, and thereafter the Board of Directors: provided
D-17 ↓
8414 pg 739 ↓
that they are not kept, bred or maintained for any commercial purposes and further provided that such house pets causing or creating
a nuisance or unreasonable disturbance shall be permanently removed from the property subject to these
restrictions upon three (3) days written notice from the Management Firm or the Board of Directors of the Association. Once
permission is granted, as provided in this paragraph, it may not be withdrawn or terminated unless such house pet has
caused or created a nuisance or unreasonable disturbance as provided in this paragraph.
The unit owner shall not cause anything to be affixed or attached to, hung, displayed or placed, on the exterior walls, doors
or windows of the units, building(s), nor the limited common elements or the common elements, nor shall they cause awnings or
storm shutters, screens, enclosures and the like to be affixed or attached to any units, limited common elements or common
elements; nor shall they place any furniture or equipment outside their unit except with the prior written consent of the Management
Firm, as long as the Management Agreement remains in effect, and thereafter, of the Board of Directors. and further, when approved,
subject to the Rules and Regulations adopted by the Management Firm or Board of Directors.
No laundry facilities or equipment shall be permitted in any unit or elsewhere without the written consent of the Management
Firm, as long as the Management Agreement remains in effect, and thereafter, of the Board of Directors of the Association.
The unit owner may not enclose the exterior terrace, balcony or patio which abuts a unit without the prior written consent of
the Management Firm, and thereafter, the Association; however, the Developer shall have the absolute right to enclose or
screen in said exterior terrace, balcony or patio and said Developer shall have the absolute right to determine what type and style of
enclosures shall be permitted as to said terrace, balcony or patio, notwithstanding the fact that the prior written
consent of the Management Firm, and thereafter, the Association is required. No person shall use the common elements or
any part thereof, or a Condominium unit, or the Condominium property, or any part thereof, in any manner contrary to or not in
accordance with such Rules and Regulations pertaining thereto, as from time to time are promulgated by the Management Firm, as
long as the Management Agreement remains in effect, and thereafter, by the Association. The common elements of the Condominium
include a recreation building with improvements therein and a swimming pool adjacent thereto, plus an additional swimming pool and a
wading pool. The foregoing shall be referred to as the recreation area and facilities of this Condominium and said areas and facilities
shall be improved, as determined solely by the Developer and within the time provided in Article VII of this Declaration. The recreation
improvements shall be shown on Exhibit No. 1 to this Declaration pursuant to Article III and as required by the Florida Statutes.
XIV. MAINTENANCE AND ALTERATIONS
A. The Board of Directors of the Association may enter into a Contract with any firm, person or corporation, or may join with
other Condominium Associations and entities in contracting for the maintenance and repair of the Condominium property(s)
and other type properties, and may contract for or may join with other Condominium Associations in contracting for the
management of the Condominium property(s) and other type properties, and may delegate to the Contractor or Manager all
the powers and duties of the Association, except such as are specifically required by this Declaration, or by the By-Laws, to
have the approval of the Board of Directors or the membership of the Association. The Contractor or Manager may be
authorized to determine the budget, make assessments for common expenses and collect assessments, as provided by this
Declaration, By-Laws, and Exhibits to the Declaration. The Association, through its Board of Directors, has entered into a
Management Agreement, attached hereto as "Exhibit No. 4", which encompasses the provisions of this paragraph.
B. There shall be no alterations or additions to the common elements or limited common elements of this Condominium where the
cost
D-18 ↓
8414 pg 740 ↓
thereof is in excess of twenty percent (20%) of the annual budget of this Condominium for common expenses, except as
authorized by the Management Firm, as Long as the Management Agreement remains in effect, and the Board of Directors,
and approved by not less than seventy-five percent (75%) of the total vote of the unit owners of this Condominium; provided the
aforesaid alterations or additions do not prejudice the right of any unit owner, unless his consent has been obtained. The cost of the
foregoing shall be assessed as common expenses. Where any alteration or additions, as aforedescribed - i.e, as to the common
elements or limited common elements of this Condominium, are exclusively or substantially exclusively for the benefit of the unit owner
(s) requesting same, then the cost of such alterations or additions shall be assessed against and collected solely from the unit owner
(s) exclusively or substantially exclusively benefiting, and the assessment shall be levied in such proportion as may be determined as
fair and equitable by the Management Firm, as long as the Management Agreement remains in effect, and thereafter, by the Board of
Directors of the Association. Where such alterations or additions exclusively or substantially exclusively benefit unit owners
requesting same, said alterations or additions shall only be made when authorized by the Management Firm, as long as the
Management Agreement remains in effect, and the Board of Directors, and approved by not less than seventy-five percent (75%) of the
total vote of the unit owners exclusively or substantially exclusively benefiting there from, and where said unit owners are ten (10) or
less, the approval of all but one shall be required. The foregoing is subject to the written approval of the Management Firm as long as
the Management Agreement remains in effect. Where the approval of unit owners for alterations to the common elements or limited
common elements of this Condominium is required in this Declaration and Exhibits attached hereto, the approval of Institutional First
Mortgagees whose mortgages encumber Condominium parcels in this Condominium representing not less than seventy percent (70%)
of the total unpaid dollar indebtedness as to principal on said parcels at said time shall also be required.
C. Each unit owner agrees as follows:-
1. To maintain in good condition and repair his unit and all interior surfaces within his unit and the entire interior of his unit,
and to maintain and repair the fixtures and equipment therein, which includes but is not limited to the following, where
applicable air-conditioning and heating unit, including compressor and condenser and all appurtenances thereto wherever
situated, and hot water "heater, refrigerator, stove and all other appliances, drains, plumbing fixtures and connections, sinks, all
plumbing and water-lines within the unit, electric panels, electric wiring and electric outlets and fixtures within the unit; interior doors,
windows, screening and glass, all exterior doors (except the painting of the exterior of exterior doors shall be a common expense of
the Condominium); and pay for his electricity and telephone. Water, sewage and waste fees, if applicable, shall be a part of the
common expenses if billed to the Condominium as a whole or to each building in the Condominium; however, if individual bills are sent
to each unit by the party furnishing said service, each unit owner shall pay said bill for his unit individually. Where a unit is carpeted,
the cost of maintaining and replacing the carpeting shall be borne by the owner of said unit. Each unit owner shall maintain, care for
and preserve portions of the limited common elements, as provided in Article XV of this Declaration.
2. Not to make or cause to be made any structural addition or alteration to his unit or to the limited common elements or
common elements. Alterations within a unit may be made with the prior written consent of the Management Firm and the
Association, and any First Mortgagee holding a mortgage on his 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) whether within a unit or part of the Limited common elements or common elements without
the prior written consent of the Management Firm, as long as the Management Agreement remains in effect and, thereafter, the
Association. Carpeted
D-19 ↓
8414 pg 741 ↓
areas with a unit may only be changed as to the type of floor covering other than carpeting with the prior written consent of
the Management Firm, as long as the Management Agreement remains in effect, and thereafter, 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 thereon with the prior written consent of the Management Firm, as long as the Management
Agreement remains in effect, and thereafter, the Association. Unit owners may use such contractor or sub-contractor as are
approved by the Management Firm, and thereafter, the Association, and said parties shall comply with all Rules and
Regulations adopted by the Management Firm and, thereafter, the Board of Directors. The unit owner shall be liable for all
damages to another unit, the common elements or the Condominium property caused by the unit owner's contractor, sub-
contractor, or employee, whether said damages are caused by negligence, accident or otherwise.
4. To allow the Management Firm, the Board of Directors, or the agents or employees of the Management Firm or the
Association, to enter into any unit for the purpose of maintenance, inspection, repair, replacement of the improvements within the
units, limited common elements or the common elements, or to determine in case of emergency, circumstances
threatening units, limited common elements or the common elements, or to determine compliance with the provisions of this
Declaration and the By-Laws of the Association.
5. To show no signs, advertisements or notices of any type on the common elements, limited common elements, or his unit,
and to erect no exterior antenna or aerials, except as consented to by the Management Firm, as long as the Management
Agreement remains in effect and thereafter, by the Board of Directors of the Association.
The foregoing includes signs within a unit which are visible from outside the unit.
D. In the event the owner of a unit fails to maintain the said unit and limited common elements, as required herein, or makes
any alterations or additions without the required written consent, or otherwise violates or threatens to violate the provisions
hereof, the Association, or the Management Firm on behalf of the Association, and on its own behalf, shall have the right to
proceed in a Court of equity for an injunction to seek compliance with the provisions hereof. In lieu thereof and in addition
thereto, the Management Firm, as long as the Management Agreement remains in effect, and thereafter, the Association,
shall have the right to levy an assessment against the owner of a unit, and the unit, for such necessary sums to remove any
unauthorized addition or alteration and to restore the property to good condition and repair. Said assessment shall have the same
force and effect as all other special assessments. The Management Firm, as long as the Management Agreement
remains in effect, and thereafter, the Association, shall have the further right to have its employees or agents, or any sub-
contractors appointed by it, enter a unit at all reasonable times to do such work as is deemed necessary by the Management Firm,
as long as the Management Agreement remains in effect, and thereafter, by the Board of Directors of the Association, to enforce
compliance with the provisions hereof.
E. The Management Firm, as long as the Management Agreement remains in effect, and thereafter, 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 thereof, and no owner shall paint an exterior wall, door, window, or any exterior surface,
or replace anything thereon or affixed thereto, without the written consent of the Management Firm, as long as the" Management
Agreement remains in effect and thereafter, the Association,
F. The Association shall be responsible for the maintenance, repair and replacement of the common elements, and all
portions of the Condominium property not required to be maintained, repaired and/or replaced by the unit owner(s); however, said
responsibility has been undertaken by the Management Firm, as long as the Management Agreement remains in effect, as provided in
the Management Agreement attached
D-20 ↓
8414 pg 742 ↓
hereto as Exhibit No. 5. Notwithstanding the fact that the maintenance and repair of the air-conditioning and heating unit,
including compressor and condenser and all appurtenances thereto, is the responsibility of the applicable unit owner, the
Management Firm, as long as the Management Agreement remains in effect, and thereafter, the Association, may enter into a
maintenance and service contract with an air-conditioning firm on such basis as it deems advisable for and 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 Management Firm,
and thereafter, the Association, deems fair and equitable under the circumstances in relation to the monthly charge for said
maintenance and service contract. The aforesaid assessment shall be deemed to be an assessment under the provisions of Article X.
of this Declaration.
XV. LIMITED COMMON ELEMENTS
Those areas reserved for the use of certain unit owners or a certain unit owner, to the exclusion of other unit owners, are
designated as "limited common elements", and are shown and located on the Surveys annexed hereto as "Exhibit No. 1". Any
expense for the maintenance, repair or replacement relating to limited common elements shall be treated as and paid for as part of the
common expenses of the Association unless otherwise specifically provided in this Declaration and Exhibits attached hereto. Should
said maintenance, repair or replacement be caused by the negligence or misuse by a unit owner, his family, guests, servants and
invitees, he shall be responsible therefor, and the Management Firm, as long as the
Management Agreement remains in-effect, and thereafter, the Association, shall have the right to levy an assessment
against the owner of said unit, which assessment shall have the same force and effect as all other special assessments.
Where the limited common element consists of a terrace, balcony or patio, the unit owner who has the right to the exclusive
use of said terrace, balcony or patio, shall be responsible for the maintenance, care and preservation of the paint and
surface of the interior walls and windows or screening thereon, where applicable, including floor and ceiling, within said
exterior terrace, balcony or patio, and the fixed and/or sliding glass doors) in the entrance way(s) to said terrace, balcony or patio, and
the wiring, electrical, outlet and fixtures thereon, if any, and the replacement of light bulbs, if any. There is a
terrace, balcony or patio adjacent to each Condominium unit within this Condominium and said terrace, balcony or patio
adjoining and adjacent to each unit is a limited common element of said unit and for said unit's exclusive use. The applicable
provisions in Article XIII of this Declaration as to the terraces, balconies and patios as set forth therein shall be deemed repeated
herein. Individual parking spaces are located upon paved portions of the Condominium property. 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 or others and the parking spaces located upon a Condominium are for the use of the unit owners and no unit
owner shall be entitled to the continued use of any specific parking space. The paved portion of the
Condominium property contains more parking spaces than there are units in said Condominium and said additional parking
spaces shall be for the use of unit owners and guests.
All parking by unit owners and their guests shall be subject to the Rules and Regulations adopted by the Management Firm,
as long as the Management Agreement remains in effect, and thereafter, the Board of Directors of the Association.
XVI. TERMINATION
This Condominium may be voluntarily terminated, in the manner provided for in Section 16 of the Condominium Act at any
time; however, the written consent of the Management^/ Finn, as long as the Management Agreement remains in effect, shall also be
required. In addition thereto when there has been "very substantial" damage, as defined in Article XII.B.6. above, this Condominium
shall be subject to termination as
D-21 ↓
8414 pg 743 ↓
provided in Article XII.B.6., and in this event, the consent of the Management Firm shall not be required. In addition thereto, if the
proposed voluntary termination is submitted to a meeting of the membership of the Association, pursuant to notice, and is approved in
writing within sixty (60) days of said meeting by three-fourths (3/4ths) of the total vote of the members of the Association, and by all
Institutional Mortgagees, and the Management Firm, then the Association and the approving owners, if they desire, shall have an
option to purchase all of the parcels of the other owners within a period expiring one-hundred twenty (120) days from the date of such
meeting. Such approvals shall be irrevocable until the expiration of the option, and if the option is exercised, the approvals shall be
irrevocable.
The option shall be exercised upon the following terms:
A. Exercise of Option:-An Agreement to Purchase, executed by the Association and/or the record owners of the
Condominium parcels who will participate in the purchase, shall be delivered by personal delivery or mailed by Certified or
Registered Mail to each of the record owners of the Condominium parcels to be purchased, and such delivery shall be
deemed the exercise of the option. The Agreement shall indicate which Condominium parcels will be purchased by each
participating owner and/or the Association, and shall require the purchase of all Condominium parcels owned by owners not
approving the termination, but the Agreement shall effect a separate contract between the seller and his purchaser.
B. Price;-The sale price for each condominium parcel shall be the fair market value determined by agreement between the
seller and the purchaser within thirty (30) days from the delivery or mailing of such Agreement; and in the absence of
agreement as to price, it shall be determined by Appraisers appointed by the Senior Judge of the Circuit Court in and for the area
wherein the Condominium is located, on the Petition of the seller. The expenses of appraisal shall be paid by the
purchaser.
C. Payment;-The purchase price shall be paid in cash.
D. Closing:-The sale shall be closed within thirty (30) days following the determination of the sale price.
XVII. MANAGEMENT AGREEMENT
The Association has entered into a Management Agreement, a copy of which is annexed hereto as Exhibit No. 4, and made a part
hereof. The Association has delegated to the Management Firm the power of the Association, through its Board of
Directors, to determine the Budget, make assessments for common expenses and collect assessments. Each unit owner, his heirs,
successors and assigns, shall be bound by said Management Agreement for the purposes therein expressed,
including but not limited to:-
A. Adopting, ratifying, confirming and consenting to the execution of said Management Agreement by the Association.
B. Covenanting and promising to perform each and every of the covenants, promises and undertakings to be performed by
unit owners in the cases provided therefor in said Management Agreement.
C. Ratifying, confirming and approving each and every provision of said Management Agreement, and acknowledging that all of the
terms and provisions thereof are reasonable.
D. Agreeing that the persons acting as Directors and Officers of the Association entering into such an Agreement have not
breached any of their duties or obligations to the Association.
E. It is specifically recognized that some or all of the persons comprising the original Board of Directors of the Association,
are or may be stockholders, officers and directors of the Management Firm, and that such circumstance shall not and cannot be
construed or considered as a breach of their duties and obligations to the Asso-
D-22 ↓
8414 pg 744 ↓
ciation, nor as possible grounds to invalidate such Management Agreement, in whole or in part.
F. The acts of the Board of Directors and Officers of the Association in entering into the Management Agreement be and the
same are hereby ratified, approved, confirmed and adopted. The Association and unit owners further agree that the monthly
assessments to be paid by unit owners for common expenses may include such special assessments incurred by a unit owner for
charges for guests and invitees of said unit owner, or temporary residents in said unit as to the use of facilities, including recreation
facilities and for any special services and charges.
XVIII. MISCELLANEOUS PROVISIONS
A. Each unit owner, future unit owner, lessee, sub-lessee, heir or occupant must obtain the approval of the Management
Firm, as long as the Management Agreement remains in effect, as to the matters specified in Article XI hereof, and as
provided herein. The approval of the Management Firm shall not be unreasonably withheld. The consent of the Board of
Directors, in recordable form, in order to be deemed effective shall be required to be approved by the Management Firm.
The special provisions of Article XI.B.6. of this Declaration of Condominium shall be deemed applicable to this provision and
where prior offer and consent of the Board of Directors of the Association as provided in said Article XI.B..S., is not required, the
approval of the Management Firm, as required by this provision, shall not be required. The Management Firm may, by an instrument in
writing, waive./ its required approval as to any matters specified in Article XI of this Declaration of Condominium.
B. The owners of the respective Condominium units shall not be deemed to own the undecorated and/or unfinished surfaces of the
perimeter walls, floors and ceilings surrounding their respective Condominium units, nor shall the unit owner be deemed to own pipes,
wires, conduits or other public utility lines running through said respective Condominium units which are utilized for or serve more than
one Condominium unit, which items are, by these presents, hereby made a part of the common elements. Said unit owner, however,
shall be deemed to own the walls and partitions which are contained in said unit owners Condominium unit, and shall also be deemed
to own the inner decorated and/or finished surfaces of the perimeter walls, floors, and ceilings, including plaster, paint, wallpaper, etc.
however, all load bearing walls located within a condominium unit are a part of the common elements to the unfinished surface of said
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. In the event a Condominium building or buildings are partially or totally destroyed and then
rebuilt, the owners of the condominium parcels agree that encroachments on parts of the common elements or limited common
elements or Condominium units, as aforedescribed, due to construction, shall be permitted and that a valid
easement for said encroachments and the maintenance thereof shall exist.
D. No owner of a Condominium parcel may exempt himself from liability for his contribution toward the common expenses by
waiver of the use and enjoyment of any of the common elements or the recreation facilities, or by the abandonment of his
Condominium unit.
E. Where required, the owners of each and every Condominium parcel shall file a return as to said parcel, for the purpose of ad
valorem taxes with the Tax Assessor of the County wherein the Condominium is situate, or for such other future legally authorized
governmental officer or authority having jurisdiction over same. Nothing herein shall be construed, however, as giving to any unit owner
the right of contribution or any right of adjustment against any other unit owner on account of any deviation by the taxing authorities
from
D-23 ↓
8414 pg 745 ↓
the valuation herein prescribed, each unit owner to pay ad valorem taxes and special assessments as are separately
assessed against his Condominium parcel. For the purpose of ad valorem taxation, the interest of the owner of a
Condominium parcel, in his Condominium unit and in the common elements, shall be considered a unit. The value of said unit shall be
equal to the percentage of the value of the entire Condominium, including land and improvements, as has been assigned to said unit
and as set forth in this Declaration. The total of all of said percentages equals 100% of the value of all of the land and improvements
thereon.
F. All provisions of this Declaration and Exhibits attached hereto, and Amendments thereof, shall be construed as covenants running
with the land, and of every part thereof and interest therein, including but not limited to every unit and the appurtenances thereto, and
every unit owner and occupant of the property, or any part thereof, or of any interest therein, and his heirs, executors, administrators,
successors and assigns, shall be bound by all of the provisions of said Declaration and Exhibits annexed hereto and any
Amendments thereof.
G. If any of the provisions of this Declaration, or of the By-Laws, the Articles of Incorporation of the Association, the
Management Agreement, or of the Condominium Act, or any section, clause, phrase, word, or the application thereof, in any
circumstance, is held invalid the validity of the remainder of this Declaration, the By-Laws, Articles of Incorporation and
Management Agreement, or the Condominium Act, and of the application of any such provision, action, sentence, clause,
phrase or word, in other circumstances, shall not be affected thereby.
H. Whenever notices are required to be sent hereunder, the same may be delivered to unit owners either personally or by
mail, addressed to such unit owners at their place of residence in the Condominium, unless the unit owner has, by written
notice duly receipted for, specified a different address. Proof of such mailing or personal delivery by the Association or
Management Firm shall be given by the Affidavit of the person mailing or personally delivering said notices. Notices to the
Association shall be delivered by mail to the Secretary of the Association, at the Secretary's residence in the Condominium,
or in case of the Secretary's absence, then the President of the Association at his residence in the Condominium, and in his
absence, any member of the Board of Directors of the Association. The change of the mailing address of any party as
specified herein shall not require an Amendment to this Declaration.
Notices to the Developer shall be delivered by mail at:
Notices to the Management Firm shall be delivered by mail at:
All notices shall be deemed and considered sent when mailed. Any party may change his or its mailing address by written
notice, duly receipted for. Notices required to be given the personal representatives of a deceased owner or devisee, when
there is no personal representative, may be delivered either personally or by mail to such party at his or its address
appearing in the records of the Court wherein the Estate of such deceased owner is being administered. The change of the
mailing address of any party, as specified herein, shall not require an amendment to the Declaration.
I. Nothing hereinabove set forth in this Declaration shall be construed as prohibiting the Developer or the Management Firm, as long as
the Management Agreement remains in effect, and thereafter, the Board of Directors of the Association, from authorizing the removal
of or removing any party wall between any Condominium units in order that the said 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, notwithstanding
D-24 ↓
8414 pg 746 ↓
the fact that several units are used as one, to the intent and purpose that the unit owner of such combined units shall be
treated as the unit owner of as many units as have been so combined. The Developer shall have the right to use a portion of the
common elements of the Condominium property for the purpose of aiding in the sale of Condominium units including the right to use
portions of the Condominium property for parking for prospective purchasers and such other parties as
Developer determines. The foregoing right shall mean and include the right to display and erect signs, billboards and
placards and store, keep and exhibit same and distribute audio and visual promotional materials upon the common elements of the
Condominium property.
The "Remedy for Violation" provided for by Section 23 of the Condominium Act, shall be in full force and effect. In addition
thereto, should the Association or the Management Firm, on behalf of the Association, or on its own behalf, find it necessary to bring
a Court action to bring about compliance with the law, this Declaration and Exhibits attached to this Declaration, upon a finding by the
Court that the violation complained of is willful and deliberate, the unit owner so violating shall reimburse the Management Firm and
the Association for reasonable attorney's fees incurred by it in bringing such action, as determined by the Court.
K. Subsequent to the filing of this Declaration of Condominium, the Condominium Association - when authorized by a vote of the
majority of the total vote of the members of the Association, and approved by the owners and holders of Institutional First Mortgages
encumbering Condominium parcels who represent a majority of the dollar institutionally mortgaged indebtedness against this
Condominium and the Management Firm, as long as the Management Agreement remains in effect, may, together with other
Condominium Associations and others, purchase and/or acquire and enter into agreements, from time to time, whereby it acquires
leaseholds, memberships, and other possessory or use interests in lands or facilities, including but not limited to country clubs, golf
courses, marinas, and other recreational facilities, whether or not contiguous to the lands of the Condominium intended to provide for
the enjoyment, recreation and other use or benefit of the unit owners. The expense of ownership, rental membership fees, operations,
replacements and other undertakings in connection therewith shall be common expenses, together with all other expenses and costs
herein or by law defined as common expenses. The provisions of this Paragraph K are paramount to and superior to Article VII of this
Declaration as to the matters set forth in this Paragraph.
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, and plural shall include the singular. The provisions of the Declaration shall be liberally
construed to effectuate its purpose of creating a uniform plan for the operation of a Condominium.
M. The captions used in this Declaration of Condominium and Exhibits annexed hereto are inserted solely as a matter of
convenience and 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 therein,
D-25 ↓
8414 pg 747 ↓
and no person shall rely upon any warranty or representation not so specifically made therein. Common expenses, taxes or
other charges are estimates only and no warranty, guaranty or representation is made or intended, nor may one be relied
upon. The Developer has constructed the buildings and improvements substantially in accordance with the Plans and
Specifications on file in the Building and Zoning Department of the applicable Governmental authority, and as same have
been modified, and this is the full extent of the Developer's liability and responsibility, The Developer shall not be responsible for
conditions resulting, from condensation on or expansion or contraction of materials, paint over walls, both interior and exterior, loss or
injury caused in any way by the elements; the water tightness of windows and doors, defects which are the result of characteristics
common to the materials used, and damage due to ordinary wear and tear or abusive use, collection of water within the buildings or on
any portion of the Condominium property nor anything of any type or nature except such items as are specifically delineated and
agreed to in writing between the Developer and the individual unit owner and it shall be understood and agreed that the Developer shall
bear no responsibility in any way as to the matters provided in this paragraph to the Condominium Association and unit owners.
Guaranties have been obtained from certain Sub-Contractors, and warranties have been obtained from the manufacturer of certain
appliances and equipment, as specified by said manufacturer, and it shall be the obligation of the Condominium Association and its
members to enforce such Guaranties and Warranties. Condominium Association, by its execution of this Declaration of
Condominium, approves the foregoing and all of the covenants, terms and conditions, duties and obligations of this Declaration of
Condominium and Exhibits attached thereto.
The Condominium unit owners, by virtue of their acceptance of the Deed of Conveyance as to their Condominium unit, and
other parties by virtue of their occupancy of units hereby approve the foregoing and all of the terms and conditions, duties
and obligations of this Declaration of Condominium and Exhibits attached thereto.
Q. Escrow Account for Insurance and Certain Taxes:- There may be established and maintained as determined solely by the
Management Firm as long as the Management Agreement remains in effect and, thereafter, by the Board of Directors of the
Association, in a local, National or State Bank, or a Federal or State Savings and Loan Association, two (2) interest bearing Savings
and Deposit Accounts, in order to accumulate sufficient monies for the following purposes:
1. To pay all Insurance premiums for the insurance on the Condominium property obtained and purchased by the
Association, pursuant to Article XII of this Declaration; and,
2. To pay all Real and Personal Property Taxes assessed by the taxing authorities aforedescribed for property owned by the
Condominium or taxes which the Condominium is required to pay as part of its common expenses, which taxes are not
included in the taxes assessed by the taxing authorities against the individual Condominium parcels. On or before the 30th
day of each month, the Management Firm, as long as the Management Agreement remains in effect, and thereafter, the
Association, may cause two (2) checks to be issued and drawn on the Association's Bank Account - each check being equal
respectively to one-twelfth (l/12th) of the estimated yearly amounts as to Items 1. and 2. above, and said checks shall be immediately
deposited into the appropriate Savings Deposit Account. These accounts shall be maintained in the State or National Bank or State or
Federal Savings and Loan Association owning and holding the first recorded mortgage
encumbering a Condominium unit and upon the aforesaid mortgagee's no longer owning and holding a mortgage on a unit,
then these accounts shall be maintained in the Bank or Savings and Savings and Loan Association having the highest dollar amount
of indebtedness of institutional first mortgages owing against the Condominium units. Where said Institutional First Mortgagee is not a
State or National Bank or State or Federal Savings and Loan Associa-
D-26 ↓
8414 pg 748 ↓
tion, said accounts shall be maintained in one of the foregoing as selected by said Institutional First Mortgagee. These
accounts shall have the right of withdrawal restricted to a joint request by the Management Firm, as long as the Management
Agreement remains in effect, and thereafter, the Board of Directors of the Association, and the Institution holding the first recorded
mortgage encumbering a unit, and thereafter, the Institution having the highest dollar amount of indebtedness on units. If, for any
reason, the Association does not pay the Real Property Taxes assessed as to Item 2. above within sixty (60) days after these taxes
are permitted by law to be paid, then the Institution having the right of withdrawal, as aforedescribed, shall have undisputed right to
withdraw, without the written consent of the Management Firm or Board of Directors of the Association, such sums of money as are
necessary to pay Item 2. Similarly, in the event the annual premium as to Item 1. above is not paid on or before its due date, said
Institution having the right of withdrawal, as aforedescribed, shall have the right, without the necessity of securing the written consent
of the Management Firm or Board of Directors of the Association, to withdraw such sums of money as are necessary to pay the then
due premiums.
Should a Condominium unit owner fail to pay that portion of the monthly assessment relating to Items 1. and 2. above within
thirty (30) days from its due date, the Management Firm and the Association shall have the right, but they are not required,
to advance the necessary funds, so as to deposit the required monthly sum into the Savings Deposit Accounts. The
Management Firm and the Association shall have a lien for all sums so advanced, together with interest thereon. They shall
also have the right to assign their lien to any unit owner or group of unit owners, or to any third party. No such foreclosure
action may be brought by said Institution or individual, or group of individuals, where the necessary funds are advanced until the
delinquent unit owner has received not less than ten (10) days written notice in this regard.
R. No Condominium parcel owner shall bring, or have any right to bring, any action for partition or division of the
Condominium property.
S. The real property submitted to Condominium ownership herewith 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 now
existing or hereafter granted by the Developer for the benefit of such persons as the Developer designates, and the said
Developer shall have the right to grant such easements and designate the beneficiaries thereof for such time as it
determines in its sole discretion, and thereafter, the Association shall be empowered to grant such easements on behalf of its
members. During the period of time that the Developer has the right to grant the foregoing easements, the consent and
approval of the Association and its members shall not be required. The right to grant the foregoing easements shall be
subject to said easements not structurally weakening the buildings and improvements upon the Condominium property nor
unreasonably interfering with the enjoyment of the Condominium property by the Association's members. The Condominium
Association and its members, the Developer, its successors and assigns and designees, by virtue of the execution & of this
Declaration and Exhibits attached hereto are hereby granted an easement for ingress and egress over, through and across
the common elements and limited common elements, other than the parking spaces, terraces, balconies and patios; which
are intended for vehicular and pedestrian purposes, and such parties are further hereby granted a pedestrian easement
over and across the common elements and limited common elements of the Condominium other than the parking spaces,
terraces, balconies and patios.
T. Notwithstanding the fact that the present provisions of the Condominium Act of the State of Florida are incorporated by ref-
D-27 ↓
8414 pg 749 ↓
ference 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.
IN WITNESS WHEREOF, ARROJADO CORPORATION, a California Corporation, has caused these presents to be
signed in its name by its proper officer and its Corporate Seal affixed, this 10 day of August, 1973.
Signed, sealed and delivered in the presence of: ARROJADO CORPORATION, a California Corporation
________________________________ By:_____________________________(SEAL)
Merry C. Conde Vice President (J. Howell)
________________________________ (DEVELOPER)
Edward (This signature not legible.)
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
BEFORE ME, the undersigned authority, personally appeared _______________ to me well known to be the person
described in and who executed the foregoing Declaration of Condominium as Vice President of ARROJADO CORPORATION, a
California Corporation, and he acknowledged before me that he executed such instrument as such Officer of said Corporation, and that
the Seal affixed thereto is the Corporate Seal of said Corporation, and that it was affixed to said instrument by due and regular
Corporate authority, and that said instrument is the free act and deed of said Corporation.
WITNESS my hand and Official Seal, at the State and County aforesaid, this 10th day of August, 1973.
____________________________(SEAL)
Merry C. Conde
My Commission expires:
Notary Public, State of Florida at Large
My Commission expires: Nov. 24, 1975
General Insurance Underwriters
FOR GOOD AND VALUABLE CONSIDERATION, the receipt whereof is hereby acknowledged, HEATHER WALK
CONDOMINIUM, INC., a Florida Corporation not for profit, hereby agrees to accept all of the benefits and all of the duties,
responsibilities, obligations and burdens imposed upon it by the provisions of this Declaration of Condominium and Exhibits
attached hereto.
IN WITNESS WHEREOF, the above described Corporation, a Florida Corporation not for profit has caused these
presents to be signed in its name by its President, and its Corporate Seal affixed, attested by its Secretary, this 10th day of
August, 1973.
Signed, sealed and delivered in the HEATHER WALK CONDOMINIUM, INC.
presence of:
____________________________ By:____________________________{Seal}
Merry C. Conde Howard J Brafman, President
____________________________ Attest:__________________________{Seal}
Edward (This signature not legible) James Howell, Secretary
(ASSOCIATION)
D-28 ↓
8414 pg750 ↓
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
BEFORE ME, the undersigned authority, personally appeared HOWARD J. BRAFMAN and JAMES HOWELL, to me well
known to be the persons described in and who executed the foregoing instrument as President and Secretary respectively of
HEATHER WALK CONDOMINIUM, INC., a Florida Corporation not for profit, and they severally acknowledged before me that they
executed such instrument as such Officers of said Corporation, find that the Seal affixed thereto is the Corporate Seal of said
Corporation, and that it was affixed to said instrument by due and regular Corporate authority, and that the said instrument is the free
act and deed of said Corporation.
WITNESS my hand and official Seal at said County and State, this 10th day of August, 1973.
____________________{Seal}
Merry C. Conde
Notary public, State of Florida at large
My Commission Expires:
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXPIRES NOV. 24, 1975
GENERAL INSURANCE UNDERWRITERS
D-28 ↑
As printed in 1973 - Heather Walk This Instrument was prepared by:
9017 Southwest 138th Street Abrams, Anton, Robbing, Resnick & Schneider, P.A.
Kendall, Florida 33158 by Edward S. Resnick, Attorney.
Telephone (305) 251- 6661 P. 0. Box 650
Hollywood, Florida 33022
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