HEATHER WALK DECLARATION OF CONDOMINIUM
page D-7 ARTICLE XI PROVISIONS RELATING TO SALE OR RENTAL
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.6, 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.
HEATHER WALK DECLARATION OF CONDOMINIUM
page D-9 ARTICLE XI Section B PROVISIONS RELATING TO SALE OR RENTAL
OR OTHER ALIENATION OR MORTGAGING OF CONDOMINIUM UNITS
A. SALE OR RENTAL OF UNITS -
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.
HEATHER WALK DECLARATION OF CONDOMINIUM
page D-22 ARTICLE XVIII MISCELLANEOUS PROVISIONS
B. MORTGAGE & 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
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
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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
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 afore described 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/