Beachview Condominium Association
Beachview Articles of Incorporation

AMENDED AND RESTATED DECLARATION OF CONDOMINIUM
BEACH VIEW, A CONDOMINIUM
The original Declaration of Condominium of Beach View, a Condominium, was recorded in Official Record Book 710, at Pages 1476 et seq., of the Public Records of Collier County, Florida on October 4, 1977.  That Declaration of Condominium, as previously amended, is hereby further amended in part and is restated in its entirety.

1.   SUBMISSION TO CONDOMINIUM OWNERSHIP:  This Amended and Restated Declaration of Condominium is made by Beach View Condominium Association, Inc., hereafter the "Association." The land subject to this Declaration and the improvements located thereon were previously submitted to condominium ownership in accordance with the Florida Condominium Act.  No additional property is being submitted to condominium ownership by this Declaration. The covenants and restrictions contained in this Declaration shall run with the land and be binding upon and inure to the benefit of all present and future owners of Condominium parcels.

2.        NAME: The name of this Condominium is Beach View Condominium Association, Inc.

3.        ADDRESS:  The address of the Condominium is 185 South Collier Blvd., Marco Island, Florida 34145 or such other address as may be selected by the Board of Directors from time to time.

4.   DESCRIPTION OF CONDOMINIUM PROPERTY: The land submitted to the condominium form of ownership by the original Declaration, hereinafter the "Land," is legally described as Lots 4 and 5, Block 171, Marco Beach Unit 7 according to the plat thereof recorded in Plat Book 6, Pages 55-62 of Public records of Collier County, Florida.  The survey of Land and plot plans and unit descriptions are attached to the original recorded Declaration of Condominium.

5.   DESCRIPTION OF IMPROVEMENTS:
             5.1     Identification of Buildings and Units.  The Condominium is comprised of eight (8)  two (2) story buildings, with a total of eighty (80) units.  The units are identified as follows:

Building A:   Units 101, 102, 103, 104, 105, 106, 201, 202, 203, 204, 205, 206
Building B:  Units 101, 102, 103, 104, 105, 106, 201, 202, 203, 204, 205, 206
Building C:  Units 101, 102, 103, 104, 201, 202, 203, 204
Building D:  Units 101, 102, 103, 104, 201, 202, 203, 204
Building E:  Units 101, 102, 103, 104, 201, 202, 203, 204
Building F:  101, 102, 103, 104, 201, 202, 203, 204
Building G:  101, 102, 103, 104, 105, 106, 201, 202, 203, 204, 205, 206
Building H:  101, 102, 103, 104, 105, 106, 201, 202, 203, 204, 205, 206
  
5.2  Unit Boundaries.  Each unit shall include that part of the building that lies within the following boundaries:

(A)  Boundaries Upper and Lower. The upper and lower boundaries of the unit shall be the following boundaries extended to an intersection with the
perimeter boundaries:

(1)  Upper Boundaries. The bottom surface of the unfinished ceiling slab or ceiling joists.  The ceiling height of each unit is 7 feet, 11 ½ inches. 

(2)  Lower boundaries. The upper surface of the unfinished floor slab. 

(B)  Perimetrical Boundaries. The perimetrical boundaries of a unit shall be the following boundaries extended to an intersection with the upper and lower boundaries: 

(1)  Exterior Building Walls. The intersecting vertical plane(s) of the innermost unfinished surfaces of the exterior block framed wall of the building bounding such unit. 

(2)  Interior Building Walls. The vertical plane(s) established by the innermost unfinished surfaces of the interior block walls bounding such unit extended to intersections with other perimetrical boundaries.  Each unit shall be deemed to include the interior walls and partitions, the inner decorated or finished surfaces of the perimeter walls, floors and ceilings, including plaster, paint, wallpaper, etc.

  (3)  Doors, Windows, Screens and Railings. As to doors, the interior surface thereof and of door glass and door frames; as to windows, the interior surface of the glass and the window frames; as to screens and railings, the interior surface of the screens, screen frames or railings, whichever is innermost.

(C)  Excluded From Unit.   A unit shall not be deemed to include conduits or utility services which may be contained within the boundaries of the unit, but which are utilized to serve common elements and/or a unit or units other than, or in addition to, the unit within which it is contained.  Also, a unit shall not include to the unfinished surface thereof, columns, partitions, floors, joists, floor assemblies or floor slabs contributing to support of the building, or bearing walls. The items here identified are part of the common elements.

5.3     Common Elements.  The common elements shall include the land and all
other parts of the Condominium which are not within the above-described units.  Each Unit shall have appurtenant thereto an undivided .0125 percent interest in the common elements and limited common elements, and said undivided interest shall be deemed to be conveyed or encumbered with its respective unit even though the description in the instrument of conveyance or encumbrances may refer only to the fee title of that unit.  Any attempt to separate the fee title to a unit from the undivided interest in the common elements and the limited common elements appurtenant to such unit shall be null and void. 

6.   DEFINITIONS: The terms used in this Declaration and its exhibits shall have the meanings stated in the Florida Condominium Act. In addition, the following definitions shall apply: 

6.1   Assessment shall be defined as a share of the funds required for the payment of common expenses which from time to time is assessed against the units.

6.2  Association”  shall be defined as Beach View Condominium Association, Inc., a Florida corporation not for profit, which is the entity responsible for the operation of this Condominium. 

6.3   Association Property  shall be defined as all property, real or personal, owned or leased by the Association for the use and benefit of unit owners.

6.4   “Board of Directorsshall be defined as the representative body which is responsible for the administration of the Association’s affairs, and is the same body referred to in the Condominium Act as the “Board of Administration.” 

6.5   "Common Element" shall be defined as all of the property submitted to condominium ownership that is not within the unit boundaries set forth herein, and shall include without limitation the following: 
(A)  The Land. 
(B)  All portions of the buildings and other improvements outside the
units, including all limited common elements. 
(C)  Easements through each unit for conduits, ducts, plumbing, wiring, and other facilities for furnishing utility services to other units or the common elements. 
(D)   An easement of support in every portion of the Condominium which contributes to the support of a building. 
(E)   The fixtures and installations required for access and utility services to more than one unit or to the common elements. 

6.6  Condominium Documents”  shall be defined as and include this Declaration of Condominium, the Articles of Incorporation, Bylaws, Rules and Regulations and all recorded exhibits hereto or referred to herein, as amended from time to time. 

6.7   Developer  shall be defined as H. K. M. Realty Company, a Florida partnership. 

6.8   "Family" or "Single Family" shall be defined to include: 
(A)  One natural person; or 
(B)Two or more natural persons who commonly reside together as a         
single housekeeping unit 

6.9        Fixtures”  shall be defined as those items of tangible personal property
which by being physically annexed or constructively affixed to the unit have become necessary to it and part and parcel of it, including, but not limited to, interior partitions, walls, appliances which have been built in or permanently affixed, and plumbing fixtures in kitchens and bathrooms.  Fixtures do not include floor, wall or ceiling coverings.

6.10   Guest shall be defined as any person who is not the unit owner or a
lessee or a member of the owner's or lessee's family, who is physically present in, or
occupies, the unit on a temporary basis at the invitation of the owner or other permitted occupant, without the payment of monetary or other consideration.

6.11   Institutional Mortgagee”  shall be defined as the mortgagee of a mortgage against a Condominium parcel, which mortgagee is a bank, savings and loan association, mortgage company, insurance company, real estate or mortgage investment trust, pension or profit sharing trust, the Federal Housing Administration, the Veterans Administration, or any agency of the United States of America.  It shall further refer to any holder of a mortgage against a Condominium parcel which mortgage is guaranteed or insured by the Federal Housing Administration, the Veterans Administration, any agency of the United States of America, or by any other public or private corporation engaged in the business of guaranteeing or insuring residential mortgage loans, and their successors and/or assigns.

6.12   Leaseshall be defined as the grant by a unit owner of a temporary right of use of the owner’s unit for valuable consideration. 

6.13   Limited Common Elementsshall be defined as those common elements which are reserved for the use of a certain unit or units to the exclusion of all other units. 

6.14    Occupy” when used in connection with a unit, shall be defined as the act  of staying overnight in a unit.  

6.15   Primary Institutional Mortgagee”  shall be defined as that institutional mortgagee which, at the time a determination is made, holds first mortgages on more units in the Condominium than any other institutional mortgagee, such determination to be made by reference to the number of units encumbered, and not by the dollar amount of such mortgages. 

6.16   "Primary Occupant" shall be defined as the natural person approved for occupancy when title to a unit is held in the name of two or more persons who are not husband and wife, or by a trustee or a corporation or other entity which is not a natural person.

6.17   Rules and Regulations  shall be defined as those rules and regulations promulgated by the Board of Directors, governing the use of the common elements, limited common elements and the operation of the Association.

6.18   Voting Interest”  shall be defined as the arrangement established in the condominium documents by which the owners of each unit collectively are entitled to one vote in the Association matters.  There are eighty (80) units, therefore the total number of voting interests is eighty (80) votes.

7.   CONDOMINIUM PARCELS: APPURTENANCES AND USE: 

7.1   Shares of Ownership.  The Condominium contains eighty (80) units, the common elements and the common surplus. 

7.2   Appurtenances to Each Unit.  The owner of each unit shall have certain rights and own an undivided one/eightieth (1/80th) share in the Condominium property, including without limitation the following:

(A)  An undivided ownership share in the land and other common elements and the common surplus.
(B)  Membership and voting rights in the Association, which shall be acquired and exercised as provided in the Amended and Restated Articles of Incorporation and Amended and Restated Bylaws of the Association.
(C)  The exclusive right to use the limited common elements reserved for the unit, and the right to use the common elements.
(D)  Such other appurtenances as may be provided in the Condominium Documents.  Each unit and its appurtenances constitute a “condominium parcel.”

 7.3   Use and Possession. A unit owner is entitled to exclusive use and possession of his unit. He is entitled to use the common elements in accordance with the purposes for which they are intended, but no use of the unit or of the common elements may unreasonably interfere with the rights of other unit owners or other persons having rights to use the Condominium property. No unit may be subdivided. The use of the units, common elements and limited common elements shall be governed by the Condominium Documents and by the rules and regulations adopted by the Board of Directors.
  
8.   EASEMENTS: 
Each of the following easements and easement rights is reserved through the Condominium property and is a covenant running with the land of the Condominium, and notwithstanding any of the other provisions of this Declaration, may not be revoked. None of these easements may be encumbered by any leasehold or lien other than those on the Condominium parcels.  Any lien encumbering these easements shall automatically be subordinate to the rights of unit owners with respect to such easements. 

(A)   Utility and other Easements  The Association has the power, without the joiner of any unit owner, to grant, modify or move easements such as electric, gas, cable television or other utility, service or access easements, or relocate any existing easements, in any portion of the Common Elements or Association property, and to grant easements or relocate any existing easements in any portion of the common elements or Association property, as the Association shall deem necessary or desirable for the proper operation and maintenance of the Condominium. Such easements, or the relocation of existing easements, may not prevent, or unreasonably interfere with the use of the units. The Association may also transfer title to utility related equipment or installations, and take any other action reasonably necessary to satisfy the requirements of any utility company or governmental agency to which any such utility-related equipment or installations are to be so transferred.

(B)   Encroachments If for any reason, other than the intentional act of the unit owner or the Association, any unit encroaches upon any of the common elements or upon any other unit, or any common element encroaches upon any unit, then an easement shall exist to the extent of that encroachment as long as the encroachment exists.

(C)   Perpetual Nonexclusive Easement to Public Ways  The walks and other rights-of-way shall be subject to a perpetual nonexclusive easement for ingress and egress and access to, over and across the same. 

(D)   Easements and Cross Easements  The Common Elements of the Condominium shall be subject to perpetual nonexclusive easements in favor of the Association, and such appropriate utility, telecommunication and other service companies or the providers of the services hereinafter set forth for ingress and egress, and for the installation, maintenance. construction and repair of facilities, including, but not limited to, electric power, telephone, sewer, water, gas, drainage, drainage retention areas, irrigation, lighting, television transmission, cable television and communications systems transmission, reception and monitoring, security, garbage and waste removal and the like and for all purposes incidental thereto.  The Association shall have the right to impose upon the Common Elements such easements and cross-easements for any of the purposes herein and similar purposes as it deems to be in the best interests of and necessary and proper for the Condominium.  

(E)  Easements for Encroachments   All of the Condominium Property shall be subject to easements for encroachments, which now or hereafter exist caused by settlement or movement of any improvements upon such area or improvements contiguous thereto or caused by minor inaccuracies in the building or rebuilding of such improvements. Such easements shall be for the encroaching improvements and the reasonable use, maintenance and repair of same. Such easements shall be an appurtenance to and a covenant running with the respective Unit and/or other improvement in whose favor such easement exists.  The easements for encroachments shall continue until such encroachments no longer exist. 

(F)  Ingress and Egress  A non-exclusive easement shall exist in favor of each unit and occupant, their respective guests, tenants, licensees and invitees for pedestrian traffic over, through and across sidewalks, streets, paths, walks and other portions of the common elements as from time to time may be intended and designated for such purpose and use, and vehicular and pedestrian traffic over, through, and across portions of the common elements as from time to time may be paved or intended for such easement in addition to the perpetual nonexclusive easement granted to unit owners, family members, guests, lessees and invitees herein. 

(G)  Additional Easements  The Condominium property is also subject to all easements affecting the Condominium property recorded in the Public Records of Collier County, Florida. 

9 RESTRAINT UPON SEPARATION AND PARTITION.  The undivided share of ownership in the Common Elements and common surplus appurtenant to a unit cannot be conveyed or encumbered separately from the unit and shall pass with the title to the unit, whether or not separately described.  As long as the Condominium exists, the common elements cannot be partitioned. The shares in the funds and assets of the Association cannot be assigned, pledged or transferred except as an appurtenance to the units.

10.  LIMITED COMMON ELEMENTS.  Certain Common Elements have been reserved for the use of a particular unit or units, to the exclusion of the other units.  The following common elements are hereby designated as limited common elements:

(A)  Parking. There have been designated certain parking spaces as limited common elements. These parking spaces have been assigned to the exclusive use of specific units by either the Developer or the Board of Directors.  The costs of maintenance of all parking spaces shall be a common expense.
Any unassigned Parking Space which is not assigned to a particular Unit shall be a common element.

(B)  Exclusive Use; Transfer of Use Rights.  The exclusive use of a Limited Common Element is an appurtenance to the unit or units to which it is designated or assigned. The right of exclusive use of each limited common element passes with the unit to which it is assigned, whether or not separately described, and cannot be separated from it; except that the use rights to a particular parking space may be exchanged between units or transferred to another unit as follows: 
(1)The unit owners desiring to exchange such use rights shall submit a written request to the Board of Directors. If the Board approves the exchange, the owners involved shall then execute a Certificate of Transfer. A copy of the executed Certificate of Transfer shall be maintained as part of the Association's Official Records. An owner shall not transfer his unit's use of an assigned parking space unless there is transferred to his unit the use of a replacement parking space in accordance with the requirements of this provisions.

11.   INSURANCE PROVISIONS.

11.1    Public Liability Insurance 

11.1.1  Owner: Each owner shall be responsible for the purchasing of liability insurance for accidents occurring in his own unit. If the owner leases or rents their unit, he or she must purchase landlord and tenant insurance for liability and property damage. 

11.1.2  Association:  The Board shall obtain liability insurance in the form generally known as Public Liability and/or Owners, Landlord and Tenant policies in such amounts as the Board may determine from time to time, provided, however, that such policy or policies shall have limits of not less than One Million Dollars ($1,000,000.00) covering all claims for Personal injury and for property damage arising out of a single occurrence. Said insurance shall include, but not be limited to, legal liability for property damage, bodily injuries and deaths of persons in connection with the operation, maintenance or use of any property or improvements of the Association. Further, the General Liability shall include coverage for Hired Automobile and Non-Owned Automobile Liability coverage or should the condominium own any vehicles, a Broad Form Business Automobile Liability should be in place. All such policies shall name the Association as a named insured under all policies. The original or a true copy of each policy shall be kept in the office of the Association. The insurance purchased shall contain a "severability of interest endorsement,”' or equivalent coverage, which would preclude the insurer from denying the claim of an owner because of the negligent acts of either the Association, the Developer or any other Owners or deny the claim of the Association because of the negligent acts of the other or the negligent acts of an Owner. All liability insurance shall contain cross liability endorsements to cover liabilities of the Owners as a group to an Owner.

11.1.3  Directors and Officers Liability Insurance: The Board of Directors shall obtain Directors and Officers Liability Insurance in the minimum amount of $1,000,000.00. 

11.1.4  Auto Liability Insurance:  The Board of Directors shall maintain auto liability insurance for all owned and non-owned motor vehicles utilized for Association business, with such limits and coverage as may be determined from time to time by the Board of Directors. 

11.1.5  Workman’s Compensation Insurance:  The Board of Directors shall maintain Workman’s Compensation Insurance on all employees. 

11.2  Fidelity Bonding   Fidelity bonding to protect against dishonest acts of all persons who control or disburse funds of the Association as set forth in the Act, in the principal sum of not less than the amount required by the Act for each such person shall be maintained. 

11.3  Casualty Insurance

11 3.1  Owner Casualty Insurance. Each Owner shall be responsible for the purchase of hazard insurance for all of his personal property and also for other items in his Unit which are not covered by the Association's insurance policy, including, but not limited to, electrical fixtures, appliances, air conditioner or heating equipment, water heaters, built-in cabinets and wall, floor and ceiling coverings. 

11.3.2  Hazard Insurance. The Association shall obtain hazard insurance with such coverage in such amounts as it may determine from time to time for the purpose of providing casualty insurance coverage for all insurable property and improvements within the Condominium, including personal property owned by the Association, but excluding the items indicated in paragraph 11.3.1 above.  The Association shall purchase insurance for all buildings within the Condominium in an amount equal to at least ninety (90) percent of the "Replacement Value" thereof. The term "Replacement Value" shall mean one hundred percent (100%) of the current replacement costs exclusive of land, foundation, excavation, items of personal property and other items normally excluded from coverage as determined annually by the Board. The Board may determine the kind of coverage and proper and adequate amount of insurance. The hazard insurance shall contain an "agreed amount endorsement" or its equivalent, and if determined necessary, an "increased cost of construction endorsement" or "contingent liability from operation of building laws endorsement" or a "demolition endorsement" or the equivalent. The casualty insurance shall insure the Buildings from loss or damage caused by, or resulting from, at least the following: fire and other hazards covered by the standard extended coverage endorsement and by sprinkler leakage, windstorm, vandalism, malicious mischief, debris removal and demolition and such other risks as shall customarily be covered with respect to projects or developments similar to the Buildings in construction, location and use.

11.3.3  Association Flood Insurance. If determined appropriate by the Board or if required by any institutional lender, the Association shall obtain a master or blanket policy of flood insurance covering all insurable property and improvements in the Condominium except for the items mentioned in paragraph 11.3.1 above, if available, under the National Flood Insurance Program, which flood insurance shall be in the form of a standard policy issued by a member of the National Flood Insurers Association, or from such other insurer as the Board selects and the amount of the coverage of such insurance shall be the lesser of the maximum amount of flood insurance available or one hundred percent (100%) of the current replacement cost of all Buildings and other insurable property located in the flood hazard area or such other amount as determined by the Board.

11.3.4  Form of Policy and Insurance Trustee. The Association may, to the extent possible and not inconsistent with the foregoing, obtain one (1) policy to insure all of the insurable improvements within the Condominium operated by the Association. The premiums for such coverage and other expenses in connection with said insurance shall be paid by the Association and assessed as part of the common expenses. The Association shall use its best efforts to place its insurance coverage with a company that is authorized to do business in the State of Florida. The insurance agent must be located in the State of Florida. The Association shall have the right to designate a trustee ("Insurance Trustee") and upon the request of an institutional lender holding the highest dollar indebtedness encumbering units within the condominium ("Lead Mortgagee") shall designate an Insurance Trustee. Thereafter the Association from time to time shall have the right to change the Insurance Trustee to such other trust company authorized to conduct business in the State of Florida or to such other person, firm or corporation as shall be acceptable to the Board and the Lead Mortgagee. The Lead Mortgagee shall have the right, for so long as it holds the highest dollar indebtedness encumbering Units within the Condominium, to approve (i) the form of the insurance policies, (ii) the amounts thereof, (iii) the company or companies which shall be the insurers under such policies, (iv) the insurance agent or agents, and (v) the designation of the Insurance Trustee if it deems the use of Insurance Trustee other than the Board to be necessary, which approval shall not be unreasonably withheld or delayed. Notwithstanding anything in this Amended and Restated Declaration to the contrary, the Board may act as the Insurance Trustee hereunder unless otherwise required by the Lead Mortgagee.  The Lead Mortgagee shall inform the Association by written notification if it requires the use of an Insurance Trustee other than the Board. If the use of an Insurance Trustee other than the Board is requested in writing, then the Lead Mortgagee shall be deemed to have approved the Insurance Trustee unless the Lead Mortgagee's written disapproval is received by the Association within thirty (30) days after notice from the Association of the identity of the proposed Insurance Trustee. If no Insurance Trustee is required, the Board shall receive, hold and/or expend insurance proceeds in the manner hereinafter provided as if it were the Insurance Trustee.

11.3.5  Required Policy Provisions. All such aforesaid policies shall provide that they may not be canceled without at least ten (10) days' prior written notice to the Association and Listed Mortgagees and shall be deposited with the Insurance Trustee upon its written acknowledgment 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 may be payable to an Insurance Trustee. In the event of a casualty loss, the Insurance Trustee may deduct from the insurance proceeds collected a reasonable fee for its services as Insurance Trustee.  The Association is hereby irrevocably appointed agent for each Owner to adjust all claims arising under insurance policies purchased by the Association. The Insurance Trustee shall not be liable for payment of premiums, the renewal or the sufficiency of the policies nor the failure to collect any insurance proceeds. If the Board acts as Insurance Trustee, then references herein to Insurance Trustee shall refer to the Board.

11.3.6  Restrictions of Mortgagees.  No mortgagee shall have any right to participate in the determination of whether property is to be rebuilt, nor shall any mortgagee have the right to apply insurance proceeds to repayment of its loan unless such proceeds are distributed to Owners and/or their respective Institutional Lenders.

11.3.7  Distribution of Insurance Proceeds and Losses.  The duty of the Insurance Trustee shall be to receive any and all proceeds from the insurance policies held by it and to hold such proceeds in trust for the Association, Owners and Institutional Lenders under the following terms: 

a)  In the event of a loss to improvements within any of the units alone, without any loss to any other improvements within the Condominium, the Insurance Trustee shall immediately pay all proceeds received because of such loss directly to the Owners of the Units damaged and their Institutional Lenders, as their interests may appear.  It shall be the duty of these Owners to use such proceeds to effect necessary repair to the Units.  The Insurance Trustee, other than the Board, may rely upon the written statement of the Association as to whether or not there has been a loss to the Units alone, the Common Elements or any combination thereof 

b)  In the event that a loss of fifty thousand dollars ($50,000.00) or less occurs to improvements within one (1) or more units and to improvements within common elements, the Insurance Trustee shall pay the proceeds received as a result of such loss to the Association.  Upon receipt of such proceeds, the Association will cause the necessary repairs to be made to the improvements within the common elements and within the damaged units.  In the event the insurance proceeds are insufficient to repair and replace all of the damaged improvements within the common elements and the units and the Association does not have other funds available for such purpose, the Board shall hold a special meeting to determine the amount of a Special Assessment against all of the Owners necessary to obtain the additional funds required to repair and to restore such damaged improvements.   Upon the determination by the Board of Directors of the amount of such Special Assessment, the Board shall immediately levy such Special Assessment against the Units setting forth the date or dates of payment of the same.

c)  In the event that a loss of more than fifty thousand dollars ($50,000.00) occurs to the improvements within the units and/or common elements, then the Insurance Trustee shall hold, in trust, all insurance proceeds received with respect to such damage, together with any and all other funds paid as hereinafter provided and shall distribute them as follows: 

(1)  The Board shall obtain or cause to be obtained reliable and detailed estimates and/or bids for the cost of rebuilding and reconstructing the damage and for the purpose of determining whether insurance proceeds are sufficient to pay for the same. 

(2)  In the event the insurance proceeds are sufficient to rebuild and reconstruct all the damaged improvements, or upon the collection of the necessary funds, then the damaged improvements shall be completely repaired and restored. 

(3)  In the event the insurance proceeds are insufficient to repair and replace all of the damaged improvements within the common elements and the units and the Association does not have the funds available for such purpose, the Board shall hold a special meeting to determine the amount of a special assessment against all of the owners necessary to obtain the additional funds required to repair and restore such damaged improvements. Upon the determination by the Board of the amount of such Special Assessment, the Board shall immediately levy such Special Assessment against all Units setting forth the date or dates of payment of the same, and any and all funds received from the Owners pursuant to such Special Assessment shall be delivered to the Insurance Trustee and disbursed as provided herein.  In the event the deficiency between the estimated cost of the repair and replacement of the damaged property exceeds the sum of  two hundred and fifty thousand dollars ($250,000.00), and the owners owning three fourths (3/4) of the Units advise the Boardin writing, on or before the date for the first payment thereof, that they are opposed to a special assessment, then the Insurance Trustee shall divide the net insurance proceeds and promptly pay each share of such proceeds to the Owners and Institutional Lenders of record as their interests may appear, provided, however, insurance proceeds for damage to the condominium property shall be distributed only to the owners and their mortgagees as their interests may appear in such condominium and shall be divided according to their percentage interests in the common elements.  In making any such distribution, the Insurance Trustee may rely upon a certificate of an abstract company as to the names of the then current owners and their respective mortgagees.

12.   Association.   The operation of the Condominium shall be by Beach View Condominium Association, Inc. as follows: 

12.1   Governance and Operation.  The governance and operation of the Condominium shall be by Beach View Condominium Association, Inc. adhering to Florida Statutes and Beach View Condominium documents in the following order: 
A.     Florida Statutes
B.     Declaration of Condominium
C.    Articles of Incorporation
D.    Bylaws
E.     Rules and Regulations

12.2   Conflict of Governance Documentation.  In the event there shall be any conflict in fact or interpretation as between any of the aforementioned A. through E. in 12.1 above, they shall prevail in the order so specified.

12.3   Delegation of Management. The Association may contract for the management and maintenance of the Condominium property and employ a licensed manager or management company to assist the Association in carrying out its powers and duties by performing such functions as the submission of proposals, collection of assessments, keeping of records. enforcement of rules and maintenance, repair and replacement of the common elements with funds made available by the Association for such purposes. The Association and its officers however, shall retain at all times the powers and duties provided in the Condominium Act.

12.4   Membership. The membership of the Association shall be the record owners of legal title to the units, as further provided in the Bylaws.

12.5  Acts of the Association. Unless the approval or affirmative vote of the unit owners is specifically made necessary by some provision of the Condominium Act or these Condominium documents, all approvals or actions permitted or required to be given or taken by the Association may be given or taken by its Board of Directors, without a vote of the unit owners. The officers and Directors of the Association have a fiduciary relationship to the unit owners. A unit owner does not have the authority to act for the Association by reason of being a unit owner.

12.6  Powers and Duties. The powers and duties of the Association include those set forth in the Condominium Act and the Condominium documents. The Association may contract, sue, or be sued with respect to the exercise or nonexercise of its powers and duties.  For these purposes, the powers of the Association include, but are not limited to, the maintenance, management, and operation of the Condominium property and Association property. The Association may impose fees for the use of common elements or Association Property. The Association has the authority to enter into agreements to acquire leaseholds, memberships and other ownership, possessory or use interests in lands or facilities, regardless of whether the lands or facilities are contiguous to the lands of the Condominium.

12.7   Purchase of Units. The Association has the authority to purchase one or more units in the Condominium, and to own, lease, mortgage, or convey them, such power to be exercised by the Board of Directors. 

12.8   Acquisition of Property. The Association has the authority to acquire property, both real and personal. The power to acquire property shall be exercised by the Board of Directors. 

12.9   Disposition of Property.  Any property owned by the Association, whether real, personal or mixed, may be mortgaged, sold, leased or otherwise encumbered or disposed of by the same authority as would be required to acquire it.

12.10   Roster.  The Association shall maintain a current roster of names and mailing addresses of unit owners, based upon information supplied by the unit owners. A copy of the roster shall be made available to any member upon request.

12.11   Limitation on Liability. Notwithstanding its duty to maintain and repair Condominium or Association property, the Association shall not be liable to individual unit owners for personal injury or property damage caused by any latent condition of the property to be maintained and repaired by the Association, or caused by the elements or unit owners or other persons.
          
12.12   Membership ApprovaI of Certain Actions. Notwithstanding anything contained herein to the contrary, the Board of Directors shall be required to obtain the prior approval of at least a majority of those present in person or by proxy at a duly called meeting prior to the payment of, or contracting for the payment of, legal fees to any person engaged by the Association for the purpose of commencing any lawsuit, other than for the following purposes:

(A)  the collection of assessments, 
B)  the collection of other charges which owners are obligated to pay pursuant to the condominium documents, 
(C)  the enforcement of the use and occupancy restrictions applicable to the Condominium, 
(D)  the enforcement of any restrictions on the sale, lease and other transfer of units contained in the condominium documents,  
(E)   in an emergency, when waiting to obtain the approval of the members creates a substantial risk of irreparable injury to the Association or its members, or 
(F)  filing a compulsory counterclaim.

12.13  Official Records.  The Association shall maintain its Official Records as required by law.  The records shall be open to inspection by members or their authorized personal representatives at all reasonable times subject to procedures adopted by the Board of Directors.  The right to inspect the records includes a right to make or obtain photocopies at the expense of the member seeking copies.

13.  ASSESSMENTS AND LIENS: The Association has the power to levy and collect assessments against each unit and unit owner in order to provide the necessary funds for proper operation and management of the Condominium and for the operation of the Association. This power includes both " regular" assessments for each unit's share of the common expenses as set forth in the annual budget, and "special" assessments for unusual, nonrecurring or unbudgeted common expenses.  The Association may also levy special charges against any individual unit for any amounts, other than for common expenses, which are properly chargeable against such unit under this Declaration or the Bylaws.  Assessments shall be levied and payment enforced as provided in the Amended and Restated Bylaws, as follows:

13.1  Priority of Lien.  The Association’s lien for unpaid assessments shall be subordinate and inferior to the lien of a recorded first mortgage, but only to the extent required by the Condominium Act, as amended from time to time.  The Association’s lien shall be superior to, and take priority over, any other mortgage or lien regardless of when the mortgage or lien was recorded, except as otherwise expressly provided by the Condominium Act, as amended.  Any lease of a unit shall be subordinate and inferior to the Association’s lien, regardless of when the lease was executed.

13. 2  Certificate as to AssessmentsWithin fifteen (15) days after request by a unit owner or mortgagee, the Association shall provide a certificate stating whether all assessments and other monies owed to the Association by the unit owner with respect to the Condominium parcel have been paid.  Any person other than the owner who relies upon such certificate shall be protected thereby.

13.3  Common Expenses. Common expenses include the expenses of operation, maintenance, repair, replacement and insurance of the common elements and Association property, the expenses of operating the Association, and any other expenses properly incurred by the Association for the Condominium, including amounts budgeted for the purpose of funding reserve accounts. The cost of trash pick-up and water and sewer service to the units shall be a common expense. If the Board of Directors contracts for pest control within units or basic cable television programming services in bulk for the entire Condominium, the cost of such services shall be a common expense.

13.4  Share of Common Expenses. The owner of each unit shall be liable for a share of the common expenses equal to his share of ownership of the common elements and the common surplus.

13.5  Ownership Assessments.  Ownership Assessments and other funds collected by or on behalf of the Association become the property of the Association; no unit owner has the right to claim, assign or transfer any interest therein except as an appurtenance to his unit. No owner can withdraw or receive distribution of his share of the surplus, except as otherwise provided herein or by law.

13.6  Who is Liable for Assessments. The owner of each unit, regardless of how title was acquired, is liable for all assessments or installments thereon coming due while he is the owner. Multiple owners are jointly and severally liable except as to certain first mortgagees as required under Florida law. Whenever title to a Condominium parcel is transferred for any reason, the new owner becomes jointly and severally liable with the previous owner for all assessments which came due prior to the transfer and remain unpaid, without prejudice to any right the new owner may have to recover from the previous owner any amounts paid by the new owner.

13.7  No Waiver or Excuse from Payment. The liability for assessments may not be avoided or abated by waiver of the use or enjoyment of any common elements, by abandonment of the unit on which the assessments are made, or by interruption in the availability of the unit or the common elements for any reason whatsoever. No unit owner may be excused from payment of his share of the common expenses unless all unit owners are likewise proportionately excused from payment, except as otherwise provided as to certain first mortgagees.

13.8  Application of Payments; Failure to Pay; Interest. Assessments and installments thereon paid on or before ten (10) days after the date due shall not bear interest, but all sums not so paid shall bear interest at the highest rate allowed by law, calculated from the date due until paid. The Association may also impose a late payment fee up to the extent permitted by law. Assessments and installments thereon shall become due, and the unit owner shall become liable for said assessments or installments, on the date established in the Bylaws or otherwise set by the Board of Directors for payment. All payments on account shall be applied first to interest, then to late payment fees, court costs and attorney's fees, and finally to delinquent assessments.  No payment by check is deemed received until the check has cleared.

13.9  Acceleration. If any special assessment or installment of a regular assessment as to a unit is unpaid thirty (30) days after the due date, and a Claim of Lien is recorded, the Association shall have the right to accelerate the due date of the entire unpaid balance of the unit's assessments for that fiscal year. The due date for all accelerated amounts shall be the date the Claim of Lien was recorded in the public records. The right to accelerate shall be exercised by sending to the delinquent owner a notice of the exercise, which notice shall be sent by certified or registered mail to the owner's last known address, and shall be deemed given upon mailing of the notice, postpaid. The notice may be given as part of the notice of intent to foreclose, or may be sent separately.

13.10  Foreclosure of Lien. The Association may bring an action in its name to foreclose its lien for unpaid assessments in the manner provided in the Condominium Act, and may also bring an action to recover a money judgment for the unpaid assessments without waiving any lien rights.

14.   BOARD'S RULE MAKING POWER. The Association, through its Board, may, from time to time, promulgate such other rules and regulations with respect to the
Condominium as it determines to be in the best interests of the Condominium, the
Owners and the Association.

15.   MAINTENANCE:  LIMITATIONS UPON ALTERATIONS AND IMPROVEMENTS.   In addition to those responsibilities set forth herein, responsibility for the protection, maintenance, repair and replacement of property shall be as follows:

15.1   Association Maintenance. The Association is responsible for the protection, maintenance, repair and replacement of all common elements and Association property (other than the limited common elements that are required
elsewhere herein to be maintained by the unit owner). The cost is a common expense. The Association's responsibilities include, without limitation, all portions of a unit, except interior surfaces, contributing to the support of the condominium building which portions shall include, but not be limited to, the outside walls of the condominium building and all fixtures on its exterior (unless otherwise provided for specifically herein), all boundary walls of units, floor and ceiling slabs, load-bearing columns and load bearing walls (up to and including the unfinished surfaces thereof; the unit owner shall be responsible for the unfinished surface outward, e.g. painting, wallpapering, etc.).  These responsibilities shall include, without limitation, the following:

(A)  all conduits, ducts, plumbing, wiring and other facilities for the furnishing of any and all utility services, including, but not limited to, water lines and sanitary sewer service laterals within the condominium serving more than one (1) unit and the operation of the surface water management system, but excluding therefrom appliances, wiring, plumbing fixtures and other facilities within a Unit. 
(B)  all of the common elements and exterior surfaces of the condominium and all landscaping on the condominium property. 
(C)  painting the exterior surface of the entrance doors to the units and all building railings including those located on terraces/patios. 
(D)  window framework maintenance and replacement on all exterior windows and sliding glass doors, glass repair and replacement on all exterior windows. 
(E)  all installations, fixtures and equipment located within one unit but serving another unit, or located outside the unit, for the furnishing of utilities to more than one unit or the common elements. 
(F)  painting the walls and ceilings on the patios, and waterproofing on all patios. 
(G) the Association may, at its option, take the responsibility of the routine exterior cleaning of windows, but shall not be obligated for such day to day maintenance. Any assumption of this responsibility at any one given time shall not give rise to a continuing duty to effect such cleaning. 
(H)  the main water supply shut-off valves for each unit. 
(I)  the Association shall supply pest control services for the inside of each unit, with the cost thereof being part of the common expense. 
(J)  the Association shall supply services for the cleaning of dryer vents and shower vents, with the cost thereof being a part of the common expense. 
(K)  electrical wiring up to the circuit breaker panel in each unit 
(L)   maintenance, repair and replacement of screens and railings on balconies/lanais and screen doors. 
(M)     Electronically wired smoke alarms installed by the Association. 
(N)  Door bells and all associated wiring.

The Association's responsibility shall not include interior wall switches or receptacles, smoke alarms (other than those required to be maintained, repaired and replaced by the Association in accordance with 15.1(M) above), doorbells, plumbing fixtures, or other electrical, plumbing or mechanical installations located within a unit and serving only that unit unless such work can only be reasonably accomplished by gaining access to an adjacent unit. 
All incidental damage caused to a unit or limited common elements by work performed or ordered to be performed by the Association shall be promptly repaired by, and at the expense of, the Association, which shall restore the property as nearly as practical to its condition before the damage, and the cost shall be a common expense, except the
Association shall not be responsible for the damage to any alteration or addition made by a unit owner without prior Association approval as required elsewhere herein, nor
shall the Association be responsible for repair or restoration costs if the need for the work was caused by the negligence of the owner, nor shall the Association be
responsible for unavoidable damage to surface treatments or decorations. 

15.2   Unit Owner Maintenance. Each unit owner is responsible, at his own
expense, for all maintenance, repairs, and replacements of all portions of his own unit except those required to be maintained, repaired and/or replaced  by the Association as indicated herein. The owner's responsibilities include, without limitation: 

A)  all routine and day to day maintenance of all exterior windows and glass, and sliding glass doors.    

(B)  all interior unfinished surfaces within or surrounding a unit and all carpeting and other floor coverings and all painting and wall papering and other wall coverings. 

(C)  all exterior doors and casings and hardware and locks, except for exterior painting; and all other doors within or affording access to the unit and their hardware and locks, with the exception of exterior screen doors, for which the Association shall be responsible for the repair, maintenance and replacement of both the screens and the frame. 

(D)  all appliances, thermostats, ducts (unless otherwise indicated herein) air conditioning or heating equipment, thermostats, ducts and installations, water heaters and built in cabinets, smoke alarms (other than those required to be maintained, repaired and replaced by the Association in accordance with the requirements of Section 15.1(M) above) and stove and vent fans serving a unit and shower pans.  All Installations and/or removals of any air conditioners on the roof shall be done with a crane, at the unit owner’s expense.

(E)  the electrical, mechanical and plumbing fixtures, switches, valves, shower pans, drains and outlets (including connections) located partially or entirely within the unit or serving only the unit, and the circuit breaker panel and all electrical wiring going into the unit from the panel. 

(F)  other facilities or fixtures which are located or contained entirely within the unit and serve only the unit. 
Every unit owner  must perform promptly all maintenance and repair work within his Unit, which if not performed would affect the common elements or a unit belonging to another owner. Each unit owner shall be expressly responsible for the damages and liabilities that his failure to perform his duties may engender.  

15.3  Other Unit Owner Responsibilities 

(A)  Interior Decorating.  Each unit owner is responsible for all decorating within his own unit, including painting, wallpapering, paneling, floor covering, draperies, window shades, curtains, lamps and other light fixtures, and other furnishings and interior decorating. 

(B)  Flooring.  A second-floor unit owner who desires to install within his unit (excluding the lanai area) hard surface floor covering (eg. marble, slate, ceramic tile, wood) shall also install a sound absorbent underlayment of such kind and quality as to substantially reduce the transmission of noise to adjoining units, and must obtain prior written approval of the Board of Directors prior to any such installation.  If the installation is made without prior approval and adequate absorbent underlayment, the Board of Directors may, in addition to exercising all the other remedies provided in this Declaration, require the removal of such hard surface flooring at the expense of the offending unit owner.  No permanent carpeting or river rock of any kind may be installed on or affixed to concrete surface exposed to the elements; any rugs on balconies shall be removed when the unit is unoccupied for more than three (3) consecutive days.  In the event the Association effects any repairs and/or maintenance to the balconies including, but not limited to waterproofing, the unit owner shall bear the cost of removal of the floor covering to enable the Association to conduct the work, and the unit owner shall bear the cost of replacement of the floor covering after the work is completed.  In the event the unit owner does not promptly, after notice, effect the removal of  the floor covering, the Association may make arrangements for the removal and assess the unit owner for the cost thereof in the same manner and with the same effect as for payment of assessments, i.e. the ability to lien if not paid. 

(C)  Coverings.  The covering and appearance of windows and doors, whether by draperies, shades, reflective film or other items, whether installed within or outside of the unit, visible from the exterior of the unit, shall be subject to the rules and regulations of the Association.  No bamboo shades are permitted on lanai screens; all coverings on screens in lanais must be approved in advance in writing by the Board of Directors.

(D)  Modifications and Alteration.  If a unit owner makes any modifications, installations or additions to his unit or the common elements, the unit owner, and its successors in title, shall be financially responsible for the insurance, maintenance, repair and replacement of the modifications, installations or additions, as well as the costs of repairing any damage to the common elements or other units resulting from the existence of such modifications, installations or additions, as well as the costs of repairing any damage to the common elements or other units resulting from the existence of such modifications, installations or additions, and the costs of removing and replacing or reinstalling such modifications if their removal by the Association becomes necessary in order to maintain, repair, replace, or protect other parts of the Condominium property. 

(E)  Use of Licenses and Insured Contractors.  Whenever a unit owner  contracts for maintenance, repair, replacement, alteration, addition or
improvement of any portion of the unit or common elements, whether with
or without Association approval, such owner shall be deemed to have
warranted to the Association and its members that his contractors are
properly licensed and fully insured, and that the owner will be financially
responsible for any resulting damage to persons or property not paid by
the contractor’s insurance.

(F)  Water and Water Heater Shut Off.  Every unit owner, tenant or guest in a unit must turn off the main water valve (currently located in each unit) and electric to the water heater when a unit will be unoccupied for more than forty-eight (48) consecutive hours. 

(G)  Balconies/Lanais.  No garments, rugs, towels or other items may be hung from lanais, railings or other areas visible from the exterior of the building.  All furniture and rugs must be removed from balconies/lanais when a unit will be unoccupied for a period of more than three (3) consecutive days during hurricane season, unless the shutters on the balcony/lanai are closed.

15.4   Alteration of Units or Common Elements by Unit Owners. No owner shall make or permit the making of any material alterations or substantial additions to his unit or the common elements, or in any manner change the exterior appearance of any portion of the condominium, without first obtaining the written approval of the Board of Directors, which approval may be denied if the Board of Directors determines that the proposed modifications or alterations would adversely affect, or in any manner be detrimental to, the Condominium in part or in whole. Nothing shall be attached to exterior walls, such as thermometers, name plates, pictures or ornaments without prior written Board approval.  The Board of Directors may revoke or rescind any approval of an alteration or modification previously given, if it appears that the installation has had unanticipated, adverse effects on the Condominium.

15.5   Alterations and Additions to Common Elements and Association Property.  The protection, maintenance, repair, insurance and replacement of the common elements and Association property is the responsibility of the Association and the cost is a common expense. Beyond this function, the Association shall make no material alteration of, nor substantial additions to, the common elements or the real property owned by the Association costing more than five thousand dollars ($5,000.00) in the aggregate in any calendar year without prior approval of at least two-thirds (2/3rds) of the voting interests who are present in person or by proxy, at any annual meeting or special meeting called for that purpose. Alterations or additions costing less than this amount may be made with Board approval. With regard, however, to already existing common elements, if there is work reasonably necessary to protect, maintain, repair, replace or insure the common elements or Association property, even if the expenditure does constitute a material alteration or substantial addition to the common elements, no prior unit owner approval is required.

15.6   Enforcement or Maintenance. If after reasonable notice the owner of a unit fails to maintain the unit or its appurtenant limited common elements as required above, the Association may institute legal proceedings to enforce compliance, or may take any and all other lawful actions to remedy such violation, including but not limited to, entering the unit, with or without notice to or consent of the tenant or unit owner, to repair, replace, or maintain any item which in the business judgment of the Board of Directors may constitute a health or safety hazard to other property or residents. Any expenses incurred by the Association in performing work within the unit as authorized by this Declaration shall be charged to the unit owner, and the Association may file a lien against the unit for said costs if not paid, which shall be enforceable to the same extent and manner as a lien for nonpayment of assessments; the Association shall be entitled to recover reasonable attorney's fees and other expenses of collection, if any.

15.7   Negligence: Damage Caused by Condition in Unit. The owner of each unit shall be liable for all repairs made necessary by his act or negligence, or by that of any member of his family or his guests, employees, agents, or tenants.  Each unit owner shall have the duty to turn off the main water supply to the unit prior to any period of unit vacancy longer than forty-eight (48) hours. Any damage to other units or the common elements arising as a result of a failure by the owner to fulfill this duty shall be considered negligence on the part of said owner.

15.8   Association's Access To Units. The Association has an irrevocable right of access to the units for the purposes of protecting, maintaining, repairing and replacing the common elements or portions of a unit to be maintained by the Association under this Declaration, and as necessary to prevent damage to one or more units. The Association's right of access includes, without limitation, entry for purposes of pest control and preventive maintenance of safety equipment as well as the right, but not the duty, to enter under circumstances where the health or safety of residents may be endangered. The Association shall retain a pass-key to all units; all units shall be keyed to the master system.   No unit owner shall alter any lock, nor install a new lock, which prevents access when the unit is unoccupied.  Should the locks to a unit be altered, preventing access, the unit owner shall pay all costs incurred by the Association in gaining entrance to the unit, as well as all damage to his unit caused by gaining entrance thereto, and all damage resulting from delay in gaining entrance to his unit caused by the lock alteration.

15.9  Shutters.   All shutters shall be white, roll down shutters, and shall not be attached to the screens.  The Board of Directors may  adopted such additional  shutter specifications for each building within the Condominium as they deem relevant.   All specifications adopted by the Board shall comply with the applicable building code The Board shall not refuse to approve the installation or replacement of shutters conforming to the specifications adopted by the Board. All maintenance, repair and replacement of and liability for shutters shall be the responsibility of the owner thereof, including their removal, storage and reinstallation as necessary for the Association to fulfill its maintenance obligations.  In the event any shutter must be removed in order to enable the Association to conduct any maintenance or repair, the Unit Owner shall bear the cost of removal and re-installation.  If the Unit Owner fails to timely remove the shutters after notice, the Association may arrange for the removal and reinstallation, with the cost charged to the unit owner, and shall not be liable to the Unit Owner for any damage to the shutters; should the Unit Owner fail to pay the cost, the Association shall have the right to lien the Unit for the cost in the same manner and with the same effect as a lien for nonpayment of assessments, with the Association to recover, in addition to the cost, reasonable costs and attorney’s fees. 

 

15.10  Exterior Scheme.  The Association shall determine the exterior scheme of the building and all exterior surfaces and shall be responsible for the maintenance thereof, and no Unit Owner shall paint an exterior wall, door, window, or any exterior surface without the written consent of the Board of Directors.

16.   USE RESTRICTIONS. The use of the Condominium property shall be in accordance with the following provisions:

16.1  Units. Each unit shall be permanently occupied by only one family at any time, as a residence and for no other purpose.   No business or commercial activity shall be conducted in or from any unit. This restriction shall not be construed to prohibit any owner from keeping his personal, business or professional records in his unit, or from handling his personal, business or professional telephone calls or written or electronic correspondence in and from his unit.  The total number of residents and guests combined residing in a unit during any twenty-four (24) hour period shall not exceed seven (7).

16.2  Nuisances. No owner shall use his unit, or permit it to be used, in any manner which constitutes or causes an unreasonable amount of annoyance or nuisance to the occupant of another unit.

16.3  Signs. No person may post or display ”For Sale", "For Rent", "Open House" or other similar signs anywhere within the Condominium or on the Condominium property, without the prior written consent of the Board of Directors.

16.4  Use of Unit Exteriors and Common Elements. Common hallways, stairways and other common elements shall not be obstructed, littered, defaced or misused in any manner. Balconies, walkways and stairways shall be used only for the purposes intended, and they shall not be used for hanging or drying clothing, for cleaning of rugs or other household items, or for storage of bicycles or other personal property.

16.5  Antennae: Aerials: Radio Transmissions. No antennae or aerials shall be placed upon any portion of the Condominium property, unless completely inside a
unit, nor shall ham radios or radio transmission equipment be operated within the
Condominium property, without prior written consent of the Board of Directors unless they are otherwise permitted under state or federal law.

16.6  Vehicles. No vans, vehicles, trucks or pick-up trucks utilized predominately for commercial purposes or registered as commercial vehicles shall be permitted on any portion of the Condominium property, except for authorized vehicles furnishing goods and services to the Condominium.  Motorcycles may be permitted with prior written approval from the Board of Directors.    No motor homes or trailers are permitted.  No vehicle may take up more than one parking space at any time.  The Board may promulgate reasonable rules and regulations regarding vehicles regulating the weight, type and place and manner of storage and/or operation of such vehicles on the Condominium property.  A unit owner, his lessee and their family member's permanently residing in such unit shall use no more than two (2) parking spaces at any one time.  The owner of a unit and his lessee and their family members, guests and invitees may only use the parking spaces, if any, in the building in which he owns a unit.  The Association shall have the right to tow any vehicle parked on the Condominium property in violation of the requirements of the Condominium at the expense of the owner of the vehicle.

16.7  Animals: 
(A)  An owner is permitted to keep no more than two (2) dogs and/or two (2) cats weighing not more than fifteen (15) pounds at maturity, and/or small caged birds. A lessee is not allowed to keep any pets in his unit. 

(B)  Notwithstanding the foregoing provisions, a person with impaired vision shall be permitted to keep a Seeing Eye dog weighing more than otherwise permitted in his Unit. 

(C)  All pets shall be kept on a leash at all times on the common elements. A determination by the Board that the pet creates a nuisance shall be conclusive and binding upon the Owner and the pet shall be immediately removed from the condominium property. 

(D)  Under no circumstances shall a unit owner keep any exotic pets on the premises.  The association may promulgate rules and regulations from time to time designating specific areas for the walking and exercising of pets and such other rules and regulations as deemed necessary to regulate pets.  Each owner who keeps a pet hereby agrees to indemnify the Association and hold it harmless against any loss or liability of any kind or character whatsoever arising from or growing out of his having any pet on the Condominium Property.

17.   LEASING OF UNITS:   In order to foster a stable residential community and prevent a motel like atmosphere, the leasing of units by their owners shall be restricted as provided in this section. All leases of units must be in writing.  A unit owner may lease only his entire unit, and then only in accordance with the Condominium documents. The lessee must be a natural person.

17.1  Procedures

(A)  Notice by the Unit Owner. An owner intending to lease his unit for a period of greater than three (3) consecutive months shall give to the Board of Directors or its designee written notice of such intention at least twenty (20) days prior to the first day of occupancy under the lease together with the name and address of the proposed lessee, a fully executed copy of the proposed lease, and such other information as the Board may reasonably require. The Board may require a personal interview with any lessee and his spouse, if any, as a pre­condition to approval. 

(B)  Board Action.   After the required notice and all information or interviews requested have been provided, the Board shall have twenty (20) days in which to approve or disapprove the proposed lease.  If the Board neither approves nor disapproves within that time, its failure to act shall be deemed the equivalent of approval, and on demand the Board shall issue a written letter of approval to the owner. 

(C)  Disapproval. A proposed lease shall be disapproved only if a majority of the whole Board so votes, and in such case the lease shall not be made. Appropriate grounds for disapproval shall include, but not be limited to, the following: 
(1)  the unit owner is delinquent in the payment of assessments at the time the application is considered; 
(2)  the unit owner has a history of leasing his unit without obtaining approval, or leasing to troublesome lessees and/or refusing to control or accept responsibility for the occupancy of his unit; 
(3)  the real estate company or rental agent handling the leasing
transaction on behalf of the unit owner has a history of screening lessee applicants inadequately, recommending undesirable lessees, or entering into leases without prior Association approval;
(4)  the application on its face indicates that the person seeking approval intends to conduct himself in a manner inconsistent with the covenants and restrictions applicable to the Condominium; (5)  the prospective lessee has been convicted of a felony involving violence to persons or property, a felony involving sale or possession of a controlled substance, or a felony demonstrating dishonesty or moral turpitude; 
(6)  the prospective lessee has a history of conduct which evidences disregard for the rights and property of others; 
(7)  the prospective lessee evidences a strong probability of
financial irresponsibility;(8)  the lessee, during previous occupancy, has evidenced
an attitude of disregard for the association rules;
(9)  the prospective lessee gives false or incomplete information to the Board as part of the application procedure, or the required transfer fees and/or security deposit is not paid; or 
(10) the owner fails to give proper notice of his intention to lease
his unit to the Board of Directors as required herein.

(D)   Failure to Give Notice or Obtain Approval. If proper notice is not given, the Board of Directors at its election may approve or disapprove the lease. Any lease entered into without approval may, at the option of the Board of Directors, be treated as a nullity, and the Board of Directors shall have the power to evict the lessee with three (3) days notice  without securing consent to such eviction from the unit owner.

(E)   Committee Approval. To facilitate approval of leases proposed during times when many of the members are not in residence, the Board of Directors may by resolution delegate its approval powers to an Ad hoc committee which shall consist of at least three (3) Association members, or to the Association manager, or to the Association President.

17.2  Term or Lease and Frequency of Leasing. No unit may be leased more often than twelve (12) times in any calendar year, with the minimum lease term being thirty (30) continuous days.  The first day of occupancy under the lease shall determine in which year the lease occurs. No lease may be for a period of more than one (1) year, and no option for the lessee to extend or renew the lease for any additional period shall be permitted. However, the Board may, in its discretion, approve the same lease from year to year. No subleasing or assignment of lease rights by the lessee is allowed.

17.3  Occupancy During Lease Term. No one but the lessee, his family members within the first degree of relationship by blood, adoption or marriage, and their spouses and guests may occupy the unit. The total number of overnight occupants of a leased unit is limited to two (2) persons per bedroom.

17.4  Occupancy in Absence of Lessee. If a lessee absents himself from the unit for any period of time during the lease term, his family within the first degree of relationship already in residence may continue to occupy the unit and may have house guests subject to all the restrictions contained herein. If the lessee and all of the family members mentioned in the foregoing sentence are absent, no other person may occupy the unit.

17.5  Use of common Elements and Association Property. To prevent overtaxing the facilities, a unit owner whose unit is leased may not use the recreational or parking facilities during the lease term, except as otherwise may be required by law, subject to regulation by the Board of Directors.

17.6  Fees and Deposits Related to the Lease of Units. Whenever herein the Board of Director's approval is required to allow the lease of a unit, the Association may charge the owner a preset fee for processing the application, such fee not to exceed the maximum amount allowed by law. The Association may also require any security deposits that are authorized by the Condominium Act as amended from time to time.

18.   TRANSFER OF OWNERSHIP OF UNITS. In order to maintain a community of congenial, financially responsible residents with the objectives of protecting the value of the units, inhibiting transiency, and facilitating the development of a stable, quiet community and peace of mind for all residents, the transfer of ownership of a unit shall be subject to the following provisions:

18.1  Forms of Ownership:

(A)  One Person. A unit may be owned by one natural person who has been approved by the Board of Directors, unless otherwise provided for herein 
(B)  Two or More Persons. Co-ownership of units by two or more natural persons is permitted. If the owners are other than husband and wife, the Board may condition its approval upon the designation of one approved natural person as "primary occupant". The use of the unit by other persons shall be as if the primary occupant were the only actual owner. Any change in the primary occupant shall be treated as a transfer of ownership by sale or gift subject to the provisions of this Section. The Board shall have the discretion to approve no more than one such change in any twelve (12) month period. 
(C)  Ownership by Corporations, Partnerships or Trusts. A unit may be owned in   trust, or by a corporation, partnership or other entity which is not a natural person, if approved by the Board of Directors, at its sole discretion. The intent of this provision is to allow flexibility in estate, financial or tax planning. and not to create circumstances in which the unit may be used as short-term transient accommodations for several individuals or families. The approval of a trustee, or corporation, partnership or other entity as a unit owner shall be conditioned upon designation by the owner of one natural person to be the primary occupant. The use of the unit by other persons shall be as if the primary occupant were the only actual owner. Any change in the primary occupant shall be treated as a transfer of ownership subject to the provisions of this Section. The Board shall have the discretion to approve no more than one such change in any twelve (12) month period. 
(D)  Designation of Primary Occupant. Each owner of a unit which is owned in the forms of ownership stated in preceding subsections 18.1(B) and (C) shall designate a primary occupant in writing to the Association. If any unit owner fails to do so, the Board of Directors may make the initial designation for the owner, and shall notify the owner in writing of its action.

18.2  Transfers

(A)  Sale or Gift. No unit owner may dispose of a unit or any ownership interest in a unit by sale or gift without prior written approval of the Board of Directors. 
(B)  Devise or Inheritance. If any unit owner acquires his title by devise or inheritance, his right to occupy or use the unit shall be subject to the approval of the Board of Directors under this Section. The approval shall not be denied to any devisee or heir who was the prior owner's lawful spouse at the time of death or was related to the owner by blood or adoption within the first degree. 
(C)  Other Transfers. If any person acquires title in any manner not considered in the foregoing subsections, that person shall have no right to occupy or use the unit before being approved by the Board of Directors under the procedures outlined herein. 
(D)  To facilitate transfers proposed during times when many of the members are not in residence, the Board of Directors may, by resolution, delegate its approval powers to an ad hoc committee, which shall consist of at least three (3) Association members. The Chairperson of the committee shall be deemed a Vice-President, and as such shall be empowered to execute Certificates of Approval on behalf of the Association.

18.3  Procedures

(A)  Notice to Association

(1)  Sale or Gift. An owner intending to make a sale or gift of his unit or any interest therein shall give to the Board of Directors written notice of such intention at least twenty (20) days before the intended closing date, together with the name and address of the proposed purchaser or donee, a copy of the executed sales contract, if any, and such other information as the Board may reasonably require.  The Board may require a personal interview with any purchaser or donee and his spouse, if any, as a precondition to approval. 

(2)  Devise, Inheritance or Other Transfers. The transferee must notify the Board of Directors of his ownership and submit such information as the Board may reasonably require. The transferee shall have no occupancy or use rights until and unless approved by the Board, but may sell or lease the unit following the procedures herein.

(3)  Failure to Give Notice. If no notice is given, the Board of Directors, at its election, may approve or disapprove at the time it learns of the transfer.  If any owner fails to obtain the Association's approval prior to selling an interest in a unit, such failure shall create a rebuttable presumption that the seller and the purchaser intend to violate the covenants of this Declaration, and shall constitute good cause for Association disapproval. 

(B)  Board Action. Within twenty (20) days after receipt of the required notice and all information or interviews requested or not later than sixty (60) days after the notice required by paragraph is received, whichever occurs first, the Board shall approve or disapprove the transfer If a transfer is approved, the approval shall be stated in a Certificate of Approval executed by the President or Vice-President of the Association in recordable form and delivered to the transferee. If the Board neither approves nor disapproves within the time limits as set forth above, such failure to act shall be deemed the equivalent of approval and on demand the Board shall issue a Certificate of Approval to the transferee.

(C)  Disapproval. 

(1)  With Good Cause. Approval of the Association shall be withheld for good cause only if a majority of the whole Board so votes, after receiving a written opinion of counsel that good cause exists. Only the following may be deemed to constitute good cause for disapproval: 
(a) the person seeking approval has been convicted of a felony involving violence to persons or property, a felony involving possession or sale of a controlled substance, or a felony demonstrating dishonesty or moral turpitude; 
(b) the person seeking approval has a record of financial irresponsibility, including without limitation prior bankruptcies, foreclosures or bad debts;  
(c) the person seeking approval gives the Board reasonable cause to believe that person intends to conduct himself in a manner inconsistent with the covenants and restrictions applicable to the Condominium; 
(d) the person seeking approval has a history of disruptive behavior or disregard for the rights or property of others; 
(e) the person seeking approval has evidenced an attitude of disregard for Association rules by his conduct in this Condominium as a tenant, unit owner or occupant of a unit; 
(f) the transfer to the person seeking approval would result in that person owning more than two (2) units in the Condominium; 
(g) the person seeking approval has failed to provide the
information, fees or interviews required to process the application in a timely manner, or provided false information during the application process; or
(h) the transaction, if a sale or gift, was concluded by the parties without having sought and obtained the prior approval
required herein

(2)  Without Good Cause. The Association's approval shall not be denied unless a majority of the whole Board of Directors so votes. If the Board of Directors disapproves without good cause, the Board of Directors shall deliver in writing to the owner the name of an approved purchaser who will purchase the unit at the same price, and upon substantially the same terms, as in the disapproved sales contract. If no sales contract was involved, or if the Association challenges the contract price as not being a good faith purchase price, then the purchase price shall be paid in cash, and the price to be paid shall be determined by agreement, or in the absence of agreement, shall be the fair market value determined by the arithmetic average of appraisals by two state-certified property appraisers, one selected by the seller and the other by the Association. The cost of the appraisals, and all other closing costs in cases where no sales contract is involved, shall be shared equally by the buyer and seller, except that the purchaser shall pay for his own title insurance, and all costs of mortgage financing. Real property taxes and condominium assessments shall be prorated to the day of closing and the parties shall bear their own attorney’s fees, if any. The closing shall take place not longer than sixty (60) days after the date of Board of Directors disapproval or thirty (30) days after determination of fair market value by appraisal, whichever occurs last.  Failure or refusal to close by either party shall constitute a breach of contract and shall entitle the other party to seek specific performance or damages. If the Board of Directors fails to deliver the name of the approved purchaser within thirty (30) days as required above, then the original proposed purchaser shall be deemed to be approved, despite the Board of Director's former disapproval, and upon demand a Certificate of Approval shall be issued.

18.4  Exception. The approval provisions contained herein are not applicable to the acquisition of title by a first mortgagee who acquires title through the mortgage, whether by foreclosure or deed in lieu of foreclosure.

18.5  Unapproved Transfers. Any sale or transfer which is not approved, or which is disapproved pursuant to the terms of this Declaration shall be void unless subsequently approved in writing by the Board.

18.6  Fees Related to the Sale of Units. Whenever herein the Board of Director's approval is required to allow the sale or other transfer of an interest in a unit, the Association may charge the owner a preset fee for processing the application, such fee not to exceed the maximum amount allowed by law (currently $100.00 per applicant, with husband and wife or parent and child considered one applicant).

19.   RECONSTRUCTION OR REPAIR AFTER CASUALTY If any part of the Condominium property is damaged by casualty, whether and how it shall be reconstructed or repaired shall be determined as follows:

19.1  Damage to Units. Where loss or damage occurs within one or more units, any Association insurance proceeds on account of the loss or damage shall be distributed to the owners of the damaged units in proportion to their ownership interest in the damaged property. The owner of the damaged units shall be responsible for reconstruction and repair and shall bear the burden of the deductible in the same shares as they received the benefits of the Association's coverage.

19.2  Damage to Common Elements - Less than "Very Substantial". Where loss or damage occurs to the common elements, but the loss is less than “very substantial", as hereinafter defined, it shall be mandatory for the Association to repair, restore and rebuild the damage caused by the loss, and the following procedures shall apply: 
(A)  The Board of Directors shall promptly obtain reliable and detailed estimates of the cost of repair and restoration, and shall negotiate and contract for repair and reconstruction. 
(B)  If the proceeds of insurance and available reserves are insufficient to pay for the cost of repair and reconstruction of the common elements, the Association shall promptly, upon determination of the deficiency, levy a special assessment against all unit owners in proportion to their shares in the common elements for the deficiency. Such special assessments need not be approved by the unit owners. The proceeds from the special assessment shall be added to the funds available for repair and restoration of the property.

19.3   "Very Substantial" Damage . As used in this Declaration, the term "very substantial" damage shall mean loss or damage caused by a common occurrence whereby at least three-fourths (3/4ths) of the total units cannot reasonably be rendered habitable within sixty (60) days.  Should such very "substantial" damage occur then;

(A)  The Board of Directors and the officers, or any of them, are authorized, regardless of any other provision of this Declaration, to take such action as may reasonably appear to be necessary under emergency conditions to shore-up structures and salvage property, to engage security to protect against looting or other criminal acts, and to alter the Condominium property or Association property as might be reasonable under the circumstances to protect the Condominium property or Association property from further damage or deterioration. This authority includes the authority to expend any and all available Association funds. 
(B)  The Board of Directors shall endeavor to obtain comprehensive, detailed estimates of the cost of repair and restoration. 
A membership meeting shall be called by the Board of Directors to be held not later than thirty (30) days after the Board has obtained the estimates, to determine the opinion of the membership with reference to rebuilding or termination of the Condominium, subject to the following:

(1)  If the insurance proceeds, reserves and other Association funds available for the restoration and repairs that are the Association's responsibility are sufficient to cover the estimated cost thereof so that it is reasonably anticipated that the repairs and reconstruction can be accomplished with a special assessment not exceeding fifteen percent (15%) of the total annual budget excluding reserves for the year in which the casualty occurred, then the Condominium shall be restored or repaired unless two-thirds (2/3rds) of the total voting interests vote for termination, in which case the Condominium shall be terminated. 

(2)  If upon the advice of legal counsel, it appears unlikely that the then applicable zoning or other regulatory laws will allow reconstruction of the same number and general types of units; or if the insurance proceeds, reserves and other Association funds available for restoration and repair are not sufficient to cover the estimated cost thereof so that it is reasonably anticipated that the repairs and reconstruction can only be accomplished by levying special assessments exceeding fifteen percent (15%) of the total annual budget for the year in which the casualty occurred (excluding reserves), then unless two-thirds (2/3rds) of the total voting interests vote in favor of such special assessment and against termination of the Condominium, it shall be terminated and the property removed from the provisions of the Condominium Act. If the requisite number of unit owners approve reconstruction the Board of Directors shall levy such assessments as are necessary and shall proceed to negotiate and contract for necessary repairs and restoration. The proceeds from the special assessments shall be added to the funds available for repair and restoration of the property. 

(C)  If any dispute shall arise as to whether "very substantial" damage has occurred, or as to the amount of special assessments required, a determination approved by at least a majority of the Board of Directors shall be conclusive, and shall be binding upon all unit owners.

19.4   Application of Insurance Proceeds. It shall always be presumed that monies disbursed for repair and restoration come first from insurance proceeds; if there is a balance left in the funds held by the Association after the payment of all costs of repair and restoration, such balance shall be distributed to the unit owners, except as otherwise provided for in Section 19.

19.5   Equitable Relief. In the event of damage to the common elements which renders any unit uninhabitable, and the damage is not repaired, reconstructed, or rebuilt within a reasonable period of time, the owner of the uninhabitable unit may petition a court for equitable relief, which may include a termination of the Condominium and a partition.  For the purposes of this provision, it shall be conclusively presumed that repair, reconstruction or rebuilding has occurred within a reasonable period of time if substantial work is commenced within six (6) months following the damage or destruction, and is completed within nine (9) months thereafter.

19.6   Plans and Specifications.  Any reconstruction or repairs must be substantially in accordance with the plans and specifications for the original buildings, or according to different plans and specifications approved by the Board of Directors, by the owners of at least three-fourths (3/4ths) of the units, and by the Primary Institutional Mortgagee, if any.  Such approvals may not be unreasonably withheld.  However, no change in plans and specifications shall materially reduce the interior floor space of any unit without the consent of the unit owner and his institutional mortgagee, if any.

19.7   Association as Agent; Insurance TrusteeThe Association is hereby irrevocable appointed agent for each unit owner to adjust all claims arising under insurance policies purchased by the Association for damage or loss to the condominium property.  Alternatively, the Board of Directors may select an independent Insurance Trustee. In such event any proceeds will be paid to or any undisbursed proceeds in the control of the Association will be paid over to the Independent Insurance Trustee.  All persons for whose benefit such insurance is held shall be bound by the Association’s selection of the Insurance Trustee. 

20.   CONDEMNATlON

20.1   Deposit of Awards with Association. The taking of all or any part of the Condominium property by condemnation or eminent domain shall be deemed to be a casualty to the portion taken and the awards for that taking shall be deemed to be proceeds from insurance on account of the casualty. Even though the awards may be payable to unit owners, the unit owners shall deposit the awards with the Association; and if any fail to do so, a special charge shall be made against a defaulting unit owner in the amount of his award, or the amount of that award shall be set off against any sums payable to that owner. 

20.2   Determination Whether to Continue Condominium. Whether the Condominium will be continued after condemnation will be determined in the same manner provided for determining whether damaged property will be reconstructed and repaired after a casualty.

20.3   Disbursement of Funds. If the Condominium is terminated after condemnation, the proceeds of all awards and special assessments will be deemed to be Condominium property and shall be owned and distributed in the manner provided for insurance proceeds when the Condominium is terminated after a casualty. If the Condominium is not terminated after condemnation, but the size of the Condominium will be reduced, the owners of condemned units, if any, will be made whole, and any property damaged by the taking will be made usable in the manner provided below. Proceeds of awards and special assessments shall be used for these purposes and shall be disbursed in the manner provided for disbursements of funds after a casualty. 

20.4   Association as Agent. The Association is hereby irrevocably appointed as each unit owner’s attorney-in-fact for purposes of negotiating or litigating with the condemning authority for the purpose of realizing just compensation, except as may otherwise be required by F. S. 73.073 

20.5   Units Reduced but Habitable. If the condemnation reduces the size of a unit and the remaining portion of the unit can be made habitable, the awards for the taking of a portion of that unit shall be used for the following purposes in the order stated, and the following changes shall be effected in the Condominium: 

(A)  Restoration of Unit. The unit shall be made habitable. If the cost of the restoration exceeds the amount of the award, the additional funds required shall be paid by the owner of the unit. 

(B)  Distribution of Surplus. The balance of the award, if any, shall be distributed to the owner of the unit and to each mortgagee of the unit, the remittance being made payable jointly to the owner and mortgagees. 

(C)  Adjustment of Shares in Common Elements. If the floor area of a unit is reduced by the taking, the number representing the share in the common elements appurtenant to the unit shall be reduced in the proportion by which the floor area of the unit is reduced by the taking, and then the shares of all unit. owners in the common elements shall be restated as percentages of the total. of the numbers representing their original shares as reduced by the taking.

20.6   Unit Made Not Habitable. If the condemnation is of an entire unit or reduces the size of a unit so that it cannot be made habitable, the award for the taking of the unit shall be used for the following purposes in the order stated, and the following changes shall be effected in the Condominium: 

(A)  Payment of Award. The fair market value of the unit immediately prior to the taking shall be paid to the owner of the unit and to each mortgagee of the unit, the remittance being made payable jointly to the owner and mortgagee(s). 

(B)  Addition to Common Elements. If possible and practical, the remaining portion of the unit shall become a part of the common elements and shall be placed in condition for use by some or all unit owners in a manner approved by the Board of Directors. 

(C)  Adjustment of Shares in Common Elements. The shares in the common elements for the units that continue as part of the Condominium shall be adjusted to  distribute the ownership of the common elements among the reduced number of unit owners. This shall be done by restating the shares of continuing unit owners in the common elements as percentages of the total of the numbers representing the shares of these as they existed prior to the adjustment.

20.7   Assessments. If the amount of the award for the taking is not sufficient to pay the fair market value of the condemned unit to the unit owner and to condition the remaining portion of the unit for use as a part of the common elements, the additional funds required for those purposes shall be raised by special assessment against all unit owners who will continue as owners of units after the changes in the Condominium affected by the taking. The assessments shall be made in proportion to the shares of those owners in the common elements after the changes affected by the taking.

20.8   Arbitration. If the fair market value of a unit prior to the taking cannot be determined by agreement between the unit owner and the Association within thirty (30) days after notice by either party, the value shall be determined by appraisal in accordance with the following: The unit owner and the Association shall each appoint one certified real property appraiser, who shall appraise the unit and determine the fair market value by computing the arithmetic average of their appraisals of the unit. If there is a first mortgage, the first mortgagee shall have the right, but not the obligation, to appoint a third state certified appraiser to participate in this process. A judgment of specific performance upon the fair market value calculated in this manner may be
entered in any court of competent jurisdiction. Each party shall bear the cost of his own appraiser.

20.9  Taking of Common elements.  Awards for the taking of common
elements shall be used to make the remaining portion of the common elements usable in a manner approved by the Board of Directors.  The balance of such awards, if any, shall be distributed to the unit owners in the shares in which they own the common elements.  If a unit is mortgaged,  the remittance shall be paid jointly to the owner and mortgagee(s) of the unit.

20.10  Amendment of Declaration.  Any changes in units and in the common elements, in the ownership of the common elements, and in the sharing of the common expenses that are necessitated by condemnation shall be accomplished by amending this Declaration in conformity to the changes mandated by Section 20 herein.  Such amendment need be approved only by the owners of a majority of the units.  Approval of joinder by lien holders is not required for any such amendment. 

21.   TERMINATION.  The Condominium may be terminated in the following manner:

21.1   Agreement. The Condominium may be terminated at any time by written agreement of the owners of at least eighty percent (80%) of the units, and the Primary Institutional Mortgagee. 

21.2   Very Substantial Damage. If the Condominium, as a result of casualty, suffers "very substantial damage" to the extent defined in Article 19 contained herein, and it is not decided as therein provided that it will be reconstructed or repaired, the condominium form of ownership of the property in this Condominium will thereby terminate without agreement. 

21.3   General Provisions. Upon termination, the former unit owners shall become the owners, as tenants in common of all Condominium and Association property and the assets of the Association.  The shares of such tenants in common shall be the same as were their shares of the common elements, and the costs of termination, as well as post-termination costs of maintaining the former Condominium property, shall be common expenses, the payment of which shall be secured by a lien on the interest owned by each tenant in common.  The mortgagee or lienor of a unit owner shall have a mortgage or lien solely and exclusively upon the undivided share of such tenant in common in and to the lands and other assets of the Association which he may become entitled to receive by reason of such termination. The termination of the Condominium shall be evidenced by a certificate of the Association executed with the formalities of a deed, and certifying as to the facts effecting the termination. Termination shall become effective when that certificate is recorded in the Public Records of Collier County, Florida. 

21.4   Partition. Following termination, the former Condominium property Association property may be partitioned and sold upon the application of any unit owner. If following termination, at least seventy-five percent (75%) of the voting interests agree to accept an offer for the sale of the property, all owners shall be bound to execute deeds and other documents reasonably required to effect the sale. In that event, any action for partition of the property shall be held in abeyance pending the sale, and upon the consummation of the sale shall be discontinued by all parties thereto.

21.5   Last BoardThe termination of the Condominium does not, by itself, terminate the Association.  The members of the last Board of Directors and the officers of the Association shall continue to have the powers granted in this Declaration for the purpose of winding up the affairs of the Association. 

21.6   Provisions Survive Termination.  The provisions of this Section 21 are covenants running with the land, and shall survive the termination of the Condominium until all matters covered by those provisions have been completed.

22.   ENFORCEMENT. 

22.1  Duty to Comply: Right to Sue. Each unit owner, his tenants and guests, and the Association shall be governed by and shall comply with the provisions of the Condominium Act, the Condominium documents and the rules and regulations of the Association. Each unit owner shall be considered ultimately responsible for violations committed by his family members, guests, lessees and other occupants. Actions for damages or for injunctive relief, or both, for failure to comply may be brought by the Association or by a unit owner against: 
(A)  The Association;
(B)  Unit owner;
(C)  Anyone who occupies or is a tenant or guest in a unit; or
(D)  Any member of the Board of Directors who willfully and knowingly fails to comply with these provisions.

22.2   Waiver of Rights. The failure of the Association or any member to enforce a right, provision, covenant or condition which may be granted by the Condominium documents shall not constitute a waiver of the right of the Association or member to enforce such right, provision, covenant or condition in the future. 

22.3   Attorney's Fees. In any legal proceeding arising out of an alleged failure of a guest, tenant, unit owner or the Association to comply with the requirements of the
Condominium Act, the Condominium documents, or the Association's rules and
regulations, as they may be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such attorney’s fees as may be
awarded by the court.

22.4   No Election of Remedies. All rights, remedies and privileges granted to the Association or unit owners under the law and the Condominium documents shall be cumulative, and the exercise of any one or more shall not be deemed to constitute an election of remedies, nor shall it preclude the party from exercising any other rights, remedies, or privileges that may be available.

22.5   Creation and Enforcement of Charges.  The Association shall have a cause of action against unit owners to secure payment to the Association by unit owners of all charges, costs and expenses to the Association which cannot be secured as assessments, regular or special, under F.S. 718.116.  The charge shall bear interest at the highest lawful rate, and shall carry with it costs and attorney’s fees, including appeals, incurred in collection.

23.   RIGHTS OF MORTGAGEES.

23.1   Approvals. Written consent of the institutional mortgagee of a unit shall be required for any amendment to the Declaration which would decrease the unit's share of ownership of the common elements, except as otherwise provided regarding Condemnation of a portion of a unit or an entire unit.

23.2   Notice of Casualty or Condemnation. In the event of condemnation, eminent domain proceedings, or very substantial damage to, or destruction of, any unit or any part of the common elements, the record holder of any first mortgage on an affected unit shall be entitled to notice.

23.3  Lender’s Notices.  Upon written request to the Association, any institutional mortgagee shall be entitled to timely written notice of: 
(A)  Any sixty (60) day or longer delinquency in the payment of assessments or charges owed by the owner of any unit on which it holds a mortgage. 
(B)  A lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association.  An increase in coverage shall not be deemed a material modification under this paragraph, nor shall any change in coverage which is mandatory under the Condominium Act as amended from time to time. 
(C)  Any proposed action that requires the consent of a specified percentage of mortgage holders.

24.   AMENDMENT OF DECLARATION: All amendments to this Declaration shall be proposed and adopted in the following manner. 

24.1   Proposal. Amendments to this Declaration may be proposed by the Board of Directors or by written petition to the Board signed by the owners of at least one- fourth (1/4th) of the units. 

24.2   Procedure. Upon any amendment or amendments to this Declaration being proposed as provided above, the proposed amendment or amendments shall be submitted to a vote of the members not later than the next annual meeting for which proper notice can still be given. 

24.3   Vote Required. Except as otherwise provided by law, or by specific provision of the Condominium documents, this Declaration may be amended if the proposed amendment is approved by at least two-thirds (2/3rds) of the voting interests who are present, in person or by proxy, at any annual meeting or special meeting called for the purpose. Alternatively, amendments may be adopted without a meeting if the Bylaws so provide for an alternative method.

24.4   Certificate Recording. A copy of each adopted amendment shall be attached to a certificate that the amendment was duly adopted as an amendment to the Declaration, which certificate shall be in the form required by law and shall be executed by the President or Vice President of the Association with the formalities of a deed. The amendment shall be effective when the certificate and copy of the amendment are recorded in the Public Records of Collier County, Florida. 

24.5   Proviso. No amendment may change the boundaries or size of any unit in any material fashion, materially alter or modify the appurtenances to the unit, or change the proportion or percentage by which the owner of a parcel shares the common expenses and owns the common surplus, unless all record owners of the unit, and any institutional mortgagee holding a mortgage on the unit, consent in writing to the amendment.  This proviso does not apply to changes caused by condemnation or a taking by eminent domain nor to mergers. 

25.   MISCELLANEOUS 

25.1   Severability. The invalidity or unenforceability in whole or in part of any covenant or restriction or any section, subsection, sentence, clause, phrase or word or other provision of this Declaration, or any recorded exhibit to this Declaration, shall not effect the remaining portions. 

25.2   Interpretation.   The Board of Directors is responsible for interpreting the provisions of this Declaration and its exhibits. Such interpretation shall be binding upon all parties unless wholly unreasonable. A written opinion rendered by legal counsel that an interpretation adopted by the Board is not unreasonable shall conclusively establish the validity of such interpretation.

185 S. Collier Blvd. Marco Island, FL. 34145