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$181.00 Recordanp
PALM FROND CONDOMINIUM
1508N~ 470
1540906sTRUCTUR:Fs OF LOC COUNTY, iNc., a Florida cotporat ion,
herein caj.led “Developer’ on behalf of itself, its successors,
grbntees and assigns, to its grantees and assigns and their
heirs, successors and assigns hot ~by ~ this ~rat ito’ of
Condominium,
~, $U13MISSION TO CONUO~4INIUM The lands located in Lee
Obunty, Flotida, owmsd ~ Pro ispor rod de~cxihea~ to Exhibit “A”,
are submitted to the condominium form of ownership.
2. PALM FROND ~ PLAN OF DEVELOPMENT Developer proposes
to noustruct a innsz of 70 ainele’family residential units and
associated improvements designated as Palm Frond Condominium. This
will be a three phase condominium per F 5. 718 403 and the parcels
of land described in Exhibit “A” as “DESCRIPTION Phase Two” and
“DESCRIPTION Phase Three” may be submitted by Amendment to this
Declaratiod to the condominium fern of ownership, and will thereby
become a part of this condominium.
3. NAME ASSOCIATION The name of the Condominium
Association is Palm Frond Condomini~m Association, Inc This
Association is incorporated as a nonprofit Florida corporation.
4. DEFINITIONS The terms used herein shall have the
meanings sttted in th~ Condominium Act ~Florids Statutes, Chapter
718) and as fellows unless the conte~t otherwise requires~
A. UNIT - A par of ~he Condomanium proparty which is
sub~.ec to cxc] us ive ownership.
R. UNIT OMNER ~ The owner of a Condominium parcel.
C. UNIT NO~R ~ha tatter, nuabct, or
thereof which is designated upon the surveyor plans, and which is
used as the identification of a unit
D, ASS3SSN.LP~ Moons share o~ the tuads required
for the payment of common expenses which from time to time is
assessed against the unit owner,
this inatrument pre~mced bv~ harvey 13 (icidhornaetmaam~, me~mNera~W a mucnxr. m mow ~emo ~i.om~DA mm~o*
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(.1) The land.
(.2) All parts of the improvements which are not
included within the units,
(.3) EasementS.
(.4) Installations for the furnishing of services
to more than one unit or to the coauion elements, such as electri
city, gas, water and sewer.
(.5) Personal property tangible personal
property nay he purchased~ sold, leased, replaced and otherwise
dealt with by the Association, through its Board of Direeaors~ on
behalf of the members of the Association, without the necessity
of any joinder by the members~
H. L1MLThV Cf~fO~M EEI~7!S - M~ena and- includes those
portions of the common elements which are reserved for the use of
a certain unit or umi~s to the e~clus1on of other units.
I. COMMON EXPENSES - All expenses and assessments
properly incurred by the Assoc~atiofl for the eondomini~ri,
J. COMMON SURPLUS - Means the excess of all receipts:
of the Msociation including but not limited to assessments,
rents, ptofita and revenues on account 0f the common elemeE~tS
over the amount of the common expenses.
K. PERSON - Means an individual, corporation, trus~ts.,
or other legal enCit~ capable of holding title to real property.
L. SINGULAR, PLURAL, GENDER Whenever the context so
permits, the use of the plur4 shall include the singular, the
singular the plural, and use of sny gender shall be dee~ed to
include all genders.
~, APSOT~ATi0N - The corporation responsible for the
operation of the condominium.
F, BOARD OF ADMINISTRATION - Means the Board of
Pirectors responsible for administration of the Association.
C. COMMON ELEMENTS - The portions of the condominium
property not included in the units as defined in Florida Statute
718.. 108, including:
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SaLOSaSS, AU~IU~5flSIN a mucrn.sv, ~‘. A. ~‘. 0. ~oa ~355 ~‘O~ MVSMS r~.Orn0A ss~oa
1598~ 481
0. CONDOMINIUM PROPERTY - Means the lands Nnd personal
property aubj ~c condominium ownership, whether or not eon
and all im.pr~vement.e thereon and all easements and rights
appurtenant thereto.
P. OPERATION Means and includes the administration
and maA?gement of the condominium property.
5. UNITS SHALL BE CONSTITUTED AS FOLLOWS
A. REAL ~RQPERTT - Each unit, together with space
within it, and together with all appurtenances thereto, for all
purpeses, constitute a separate parcel of real property, which
may be owned in fee simple and which may be conveyed, transferred
and encumbered in the sane manner as any other parcel of real
property, independently of all other parts of the property,
subject only to the provisions of this Declaration and applicable
laws
B. BOUNDARIES - Etch unit shah be bounded as to both
horizontal and vertical boundaries as bclow defined, whether the
same exist now or are created by construction, settlement or
movement of the building, or perixdsaibla a epaiaa~, renenetr~n~tiou
or alterations. Said boundaries are intended to be as follqwa
and shal~. be determined in the following manney
~ g~RIgONThL !UUNDA~tES~ The upper and lower
boundaries of the units shall be~
(i) UPPER BOUNDARY The underside of the
finished ndecaretad coi ug of the unit, extended to meet the
vertical boundaries.
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N. CONDOMINiUM DOCU~f~NTS - Means the Declaration and
its attached Exhibits, which set forth the nacwre of tin property
rights in the condominium and the covenants running with the land
whIch govern these rights. All the condominium documents shall
be subject to the provisions of the Declaration.
N. CONDOMINIUM PARCEL - Means a unit together with
the undivided share in tht common elements which is appurtenant
to the unit.
GOLDsEl~c3, ~umNafln a sucm.~y. P. A. P. 0. SOX ~ FOt~T MY~R~ P~.O~DA *1êO~
(1±) LONER DOUNDARY The upperside of the
finished undecorated surface of the floor of the unit, extended
to meet the vertical boundaries.
(.2) VERTICAL DOUNDARIES - The vertical boundaries
shall be the interior surfaces of the perimeter walls of the unit
as shown on the surveyor plans and the interior surfaces of the
unitts windows and doors that abut the exterior of the building
or common areas.
C. EXCLUSIVE USE Each unit owner shall have the
éictfl~iVe ~rse of his unit.
D. APPURTENANCES The ownership of eath unit shall
include, and there shall pass as appurtenances thereto whether or
not separately described, all of the right, title and interest of
a arcit owner in the condoninInm: pr ert~ which ehnll .i.nclwde hut
not be limited to~
(.1) COMMON ELEMENTS Un undivided share of the
cen~a eIememt~ as defined in Chapter 715.105. Florida Statutes,
(.2) LIMITED COMMON ELEMENTS The exclusive use
(or use in conmon with one or more other designated units) of the
following limited common elements that may exiat~
(i) Terrace, courtyard, canopy, garden area,
storage locker, or other facility (enclosed, screened, fenced or
open).
(ii) The parking space assigned to the unit
by the Developer or the Association.
(.3) ASSOCIATJON MEMBERsHIP and an undivided
share in the common surplus and property, real and personal,, held
by the Association,
Ii. EASEMENT TO AIR SPACE M~ exclusive easement fer
the use of the air space occupied by the unit as it exists at amy
particular time and as the unit may be lawfully altered or
reconstructed from time to time, which easement shall ‘be tevninat~ed
automatically I’m any air space which is vacated frnm time en
4:
15O8~ 482
#otj~se~a, ~U ~~ram~ a ~VCKL.aY, p. A. P. 0. ~0X 5$~O F0~T MY~~ P~.0~OA ~~OR
storage locker, or other
open)
(ii) The parking space assigned to the unit
by the Developer or the Association,
(,3) ASSOCIATION MEMBERSHIP and an uniLLvided
share in the common surplus and property, real and personal, held
by the Association.
Ii. EASEMENT TO AIR SPACE An exclusive easement for
the use of the air space occupied by the unit as it exists at an~r
particular time and as the unit may be lawfully altered or
reconstruCted from time to time, which easement shall be te*i~~
automatically in any air space whtch is r~at nztsd from tine io
4:
(ii) LOWER BOUNDARY The upperside of the
finished undecorated surface of the floor of the unit, extended
to meet the vertical boundaries,
(.2) VERTICAL I~OUNDARIfS Th~ vertical boundaries
shall be the interior surfaces of the perimeter wails of the unit
as shown on the surveyor plans and the interior surfaces of the
unit’s windows and doors that abut the exterior of the building
or common areas.
15O8~ 482
C. EXCLUSIVE USE Each unit owner shall have the
~Thivetise of his unit
U. APPURTBNANCi~ The ownership of eadi unit shall
include, and there shall pass as appurtenances thereto whether or
not separately described, all of the ri~ht, title and interest of
a w~It omner in the ~o oniulun prrpertr nehidi shall tnclu4s hut
riot be limited to~
(.1) CO~1ON ELEMENTS Un undivided share of the
commen elements as defined inn Chapter 7l~LIO8, Florida Statutes,
(.2) LIMITED CO~F4ON ELEMENTS The exclusive use
(or use in conjrnon with one or more other designated units) of the
£øIjowin~ limited common elements that way existr
(i) Terrace, courtyard, canopy, garden area,
facility (enclosed, screened, fenced or
muu~wa, ~u NeT~w~ a auc~uixy, p~ A, ~, a. aox aaae romi MY(~ FaORI~A ~noa
P. EASEMENTS - The following non~’exclnsiVe easements
from the Developer to each unit owner, to the Association and its
employees, agents and hired contractors, to utility companies,
unit owners’ families in residence, guests, invitees and to the
governmental and emergency services are hereby granted and created:
(.1) INGRESS AND EGRESS Ea~ements over the
common areas for ing-resE~ and egress, to units and public ways.
(.2) MAINTENANCE, REPAIR AND K~PLACKME~T - Easements
through the units and common elements for maintenance, repair and
replacements. S~dh t~ess is to be ~nly d~rr.ing reasonable hours
except that access may be had at any time in case of enmrgency.
(.3) UTILITIES Easements through the common
areas and wilts for conduits, ducts, plumbing, wiring and other
facilities f& the furnishEag ices tn ethar units and the
nom ion elements.
(1) Suth portions of the unit as
contribute to the support of the building including but not
U~iited to the perimeter walls, columns, roof and floQrs,
Also~ wiring, piping, ductwork and other mechanical or
electrical or other installations or equipment serving the
eo.on areas or other units.
(ii) Provided that if the maintenance
and repair and replacement of any of the above sha~.l b~ de
necessary because of the negligence~ act or omission of a
unit owner, his family, lessees, invitees and guests, in
that event the work shall be done by the Associ~tion at the
expense of the unit owner; and the cost shall be secured as
an assessment,
1598~ 483
(.4) Emergency, regulatory, law enforcement and
other pnbiic aatvtcas in tb~ lawful performance of their duties
upon the condominium property.
G. MAINTENANCE - The responsilxi,iity for the
a unit. a~iL be. an fe’lows
(.1) BY TEE ASSOCIA~’ION - The Association
shall maidtAin, repair, and replace at the Association’s
ooi.ss~me, ,,wi~r~yan4 a ~ p~ a. p, o. ems seas ~‘m~r ~iysas ~ aseog
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orr4~noR{~C L~J~OPG
(iii) All incidental damage caused to
a unit by work done or ordered by the Association sl&l be
promptly repaired by and at the expense of the Association.
(.2) B? THE UNIT OWNER - The responsibility
of the unit owner shall be as follows
(i) To maintaIn, repair and replace at
his expense, all portions of the unit except. the portions to
be maintained, repaired and replaced by the Association,
The unit owner’s responsibility specifically includes windows,
window and balcony glass, doors, screens atd associated
hardware, appHdñdd~, fi~turew, switches, fan notors~ compressors.,
wiring, piping and ductwork serv±ng only the partIcular
U,. ALTERATION AND IMPROVEMENT - No o~ner shall
make any alterations in the portions of the improve~ien:ts
which are to be maintaine4 by the Association or remove any
portion thereof ot make any additions thereto, or do apy
work which would jeopar4ize the safety or soundness of the
building,. or impair any easements,
I COMMON ELEMENTS
(.1) The common elements shall be owned by
the unit owners in such undivided shares as are set forth in
E~diibit 1’B”.
(.3) The maintenance and operation of the
common elements shall be the responsibility of the Association
which shall not, h~evor, prohibit management contracts.
unit.
(ii) Not to paint or otherwise decorate
or change th~ appearance of ady portion ci the building not
within the interior walls of the unit: or which is visible
from the exterior, unless the written consent of the Association
is obtained in ad~amae, (ThIs shall not be construed to
require apprc~val of Interior shades, drapes or curtains or
for placing appropriate furniture on patios or terraces,)
elements shell ho.
(.2) No action for partition of the cOmmon
SOossee. aua~Nmx,N ~ 5OC5U~Y, ~‘, A, ~ 0 5555 POST MY4O*5 P~.O~!DA aaaos
6.
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15~8r~ 485(.4) Each unit owner and the Association
shall be ent±tle~ to use tha cnna~ cl~anta in a~o~dance
with the purposes for which they are intended, but no such
use shall hinder or encroach upon the lawful rights of
OWaerh of uther tmita,
(.5) Enlargement or material alteration of
or substantial additions to the cousnon elements may be
effectuated only by amendment to the Declaration,
6. F1S~AL MANAGE~NT - The fiscal manage~ent of the
condominium including budget, fiscal year, assessments, lien
far and collection of assessments, and accounts shall be as
set forth in the By~Laws.
7. ASSOCIATION - The administration of the condominium
by the Board of Directors and its powers and duties shall be
as set forth in the By-Laws.
8, INSURANCE - The insurance which shall be carried
upon the property shall be governed by the following provisions:
A. AUTHORITY TO PURCHASE Except Enilders Risk
and other required insurance furnished by Developer during
construction, all insurance policies (except as hereinafter
allowed) shall be purchased by the Association, fur itself
and as agent for the owners and their mortgagees as their
interests may appear.
B. UNIT O’~4NEkS Each unit owner nay nbtain
insu~ende at his own expense, affording coverage upon his
personal property and for his personal liability, for owner
or mortgagee title insurance, and as may be required by law.
C. COVERAGE:
(.1> cAsuA!JrY The building and all other
insurable ovamants upon the land a~d all pe~’sonal property
owned by the Association (but excluding personal property,
additions and/or alterations installed by the owners> shall
be inature~d in an amount equal to the maximum Lnsur~hle
replacement value thereof (exclusive of excavation and
foundations) as determined by the insurance company affording
such coverage. Such coverage shall afford protection agaiu~ti
ecLesirns, SUSINS?554 a suwuxy, ~, a. ~‘. a, sax sass ~‘asr ~Yss~ swmsa
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i598~ 486(i) LOSS OR DAMAGE BY FIRE, WINDSTORM
other hazards covered by the standard extended coverage
endorsement;
(ii) SUCH OTHER RISKS as from time to
time cuatomarily shall be covered with respect to buildings
similar in construction, location and use as the buildings,
including but not limited to flood insurande, vandalism and
malicious mischief, if available.
(.2) PUBLIC LIABILITY MN) PROPERTY DAMAGE in
such amounts and in such forms as shall be required by the
Assøciad.on, IncludIng hat hdt lfmited to legal liability,
hired automobile, non~.owned automobile, and oil ..premises
employee coverages;
C 3) WORKMAN’S COMPENSATION AND UNEMPLOThENT
COMPENSATION to meet the reqoirewmt of law.
0. PREMIUMS - Premiums upon insurance policies
purchased by the Association shall be paid by the Association
and charged as comaca empensea.
E~ ALL INSURANCE POL1CItS PURCHASED by the
Association shall be for the benefit of the Association and
the canaan and thisir mart~agees as their respective
interests ma~r appear and shall provide that all proceeds
payable as a result of casualty losses shall be paid to any
bAnk in Plorids with trust powers as may he approved by the
Association. Such bank is herein referred to as the Insurance
Trustee, The Insurance Trustee shall not be liable for
payment of premiums nor for the renewal of the policies, nor
for the sufficiency of coverage, nor for the form or contents
of the policies, nor for the f~ilure to collect any insurance
proceeds. The duty of the Insurance Trustee shall be to
receive such proceeds as are paid and to hold and d’~sburse
them as provided in Paragraph 9, next following.
9, RECONSTRUCTION OR REPAIR OF CA~3UAtTT DAMA.GE: If
any part of the common elements or units shall be damaged or
&
a aucsuey, ~‘ a. ~. 0, sox sass ~o~r my~e storn~A ea~o~
~rr 4 ~floREC L~1~3OPG
destroyed by casualty, the same shall be repaired or replaced
unless such damage rendered seventy-five. (75~) percent or more
of the units untenantable, and seventy-five (75%) percent of
the osmers at a meeting called and held ~ithin sin~ (60) days
of the casualty or thirty (30) days after the insurance clafm
is adjusted (whichever comes first), vote against such repair
or replacement, in which event the proceed~ ~hall be distrIbuted
to the unit owners and their mcrtgagees, as thair interests
may appear, and the condominium shall be terminated as provided
in Paragraph 14 folluniug~.
C. 1) A~Y SLJCP ~EfO~L5TRIIiztION cE. NEPAIR shall
be substantially in accordance with the original plans and
specifications.
(.2) IFiCM~R The Ineuranc~ Trustee nay
rely upon a Certificate of the Association certifying as to
whether or not the damaged. property, is to be reconstructed or
repaired~ The Association, npon request of the Insurance
Trustee, shall deliver such certificate as soon as practical.
(.3) ESTIMATE OF COSTS - Immediately after a
casualty causing damage to .prQperty for w~içh the Association
has the responsibility of maintenance and repair, the Association
shall obtain reliable and detailed estimates of the cost to
place the damaged property insofar as reasonably possible in
condition a~ good as that before the ca~ualty. Such costs may
include professional fees and premiums for such bonds as the
I3oard of Directors desires,
(.4) ASSESSMENTS - If the proceed~ of insurance
are not sufficient to defray the estimated costs of reconstructio’~a
a~d repair by the Associatiot~ <including the af~resaid fees apd
premium, if any) assessments thàil be mede against the unit
owners who owe the damaged property in sufficient a~ounta to
ptmvide funds to pny’ the estimated costs, If at any time d~.iring
mecons~ruction and air, auth funds are insuffident, special
assessment shall be made against the unit owners who own the
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S 5Ut5~URY~ ‘P ~ ~ 0, 505 ~555 SORT MW~5 F~O~OA 5~O5
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1~98~ 488damaged property -In sufficient amounts to provide funds for the
payment of such costs
(P5) CONSTRUCTION FUNDS The funds for payment
of costs of reconstruction and repair after casualty, whith shall
consist of proceeds of ins~wance held by the Irsuranca Ttust~~
and funds collected by the Association from assessments Against
unit owners, shaiL be dishutsed. in payment of such costs in the
following manner~
(i) UNIT OWNER - The portion of insurance
oceed~ -representing damage for which the re.sp ~~lji3,ity of
reconstruction and repair: ~Ius sith the unit owner to such
contractors, suppliers and personnel as do the work or supply
the materials or services required for such reconstruction or
repair • in ruch snou~its and such times as the unit owner may
direct, or if there is a mortgagee endorsement, theA to such
payees a~ the unit owner and the first mortgagee jointly direct,
Nothing contained herein,, however, shall he construed as to limit
or modify the responsibility of the unit ot~ner to make such
reconstruction or repair~
(ii) ASSOCIATION - Said Trustee shall malce
such payments upon the written request of the Association,
accompanied by a certificate signed by an officer of the Associ
ation, and by the architect or General Contractor in charge of
the work, who shall be selected by the Association, setting
forth that the sum then requested either has been paid b~ the
Association or is justly due to contractors, subcontractors,
materialmen, architects, or other persons who have rendered
services or furnished ~aterials in connection with the work,
giving a brief descriptfon of the se~’iens and materials and
several amounts so paid, or new due and that the oust As
es~imated by the person signing such certificAte, does not
exceed the remainder of the construction funds after the payment
of the aun~ so disbursed,
(iii) SURPLUS - It shall be presumed that
the first monies disbursed in payment of costs of reconstruction
10
eOWsm~s, ~umNstmN ~e ~ ~ a. ~‘, o. so~ asse ro~’ w’~sss ~‘so~’s~,a ssooa
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and repair shall be fr~ma insurance proceeds; and, ~f there is
a balance in a construction fund after payment of all costs
of the reconstruction and repair tot which the fund is established,
such balance shall be distributed jointly to the beneficial
owners of the funds, who are the unit owners and their mortgagees.
(.6) INSUSANCE ADJUS7~4ENT5 Each unit owner shall
be deemed to have delegated to the Board of DiStvtOrS his right
to adjust with insurance companies all losses under policla~
purchased by the Association except in any case where the responsi~~
bilky of reeonstructio~ aed ~.epa&r lies with the unit owner,
subject to ths rights o~ sorcga~ees of such unit uwsrrr
10. USE RESTRICTIONS -~ The use of the property of the condo—
~inLUm shall be in accordance with the Rules and Regulations
attached as Exhibit ~‘C” nrA the l~owiug ‘or~uts~ons
A. LAWFUL USE All valid laws, zoning ordinances
a~id regulations of all governmental bodies having jurisdiction
be servod. The r na~h±lity of meeting the requirements
of governmental bodies which require maintenance, modification
or repair upon condominiuz~ property shall be the same as the
responsibility for the repair and maintenance of the property
concerned as expressed earlier in this Declaration.
B. INTERPRETATION In interpreting deeds, mortgages,
and plans the existing physical boundaries of t:he unit shall be
conclusively presumed to be its boundaries regardless of settling
or lateral movement of the buildings and regardless of minor
variances between boundaries shown on the plans or in the deed
and those of the buildings.
C. REGULATIONS Reasonable regulations concerning
the u~e of the condominiu~a p~operty may be made and a~ee~.ded
from time to time by a majority vote of the Association. cOpie~
of such regulations and amendments thereto shall be posted
conspicuously and s~iall be futni~hed by the Association to all
unit owners, No regulation may discriminate agaluat any grcup
or class Øf users. No new or sxnended rule or regulation may
be a~forced prior to approval by the owners,11
1598~ 489
a suestsY, ~. A ~‘. o. sex SaSS ~osi MVS~S *n.orn~ asses
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11 GOk~YA!~CE,~ t3A~~~ — ~n cycdev to
assure a community of congenial residents and thus protect
the value of the units, -the conveyance, disposal and financing
~f the unlts. by any n~ar other than the Developer shall be
subject to the following provisions:
A. NO OWEER OTHER THAN THE DEVELOPER may sell,
lease, give or dispose of a unit or any interest therein in any
manher witt-~out the written approval of the Association except
to another unit owner, except as to short term leasing provided
~or In the Rules Ahd Regulattous. Only tntir-e units -ma-y be
leased,
B. NO OWNER OTHER THAN THE DEVELOPER MAY MORTGAGE or
finance his unit in any manner without the written approval of
the Association except to an institutional lender, provided
that this shall not require approval for a unit owner who sells
-his unIt from taking hack a purchase money u~ortgage.
C. ThE APPROVAL OF ThE ASSOCiATION shall be obtained
as follows:
(.1) WRITTEN NOTICE SHALL BE (lIVEN the Association
by- the owner of his iatention to lease, convey, dispose, Einan~e
or assign such interest, which notice shall include the name and
address of the proposed acquirer and a correct and complete copy
of the propu and docesmnts to ha cxc ad ta effaatvatn the teams-.
action. The Association may require such other and further
infGrmation as it deems reasonably necessary, but may impose no
charge in eanee~ of a~wi cvpen4tt~n~es reasonably required with
a maximum charge of ~5O,OO, No charge shall be made in connection
with an extension or renewal of a lease.
(.2) IF A SALE, the Aasociatjor~, must, within
fifteen (15) days after receipt of the information required
above, either approve the transaction or furnish an alternate
purchaser it approves or itself elect to purchase and the owner
must sell to such alternate or to the Association upon the
same terms set forth in the proposal given the Association, or
15~8~ 490
12
eotesaaa, au~i~ a auma,ey, p~ *, ~, a. ~ox sse~ Fear ~r~a
or’ -~ncRrc I~Orc
the owner may withdraw his proposed sale. If the Association
fails or refuses within the allotted time. to notify the owner
of either approval or disapproval, in writing, or if it fails
to provide an alternate purchaser or purchase the unit itself
then the Association shall conclusively be presumed to have
approved the transaction, and the Association shall, upon demand
provide a certificate of approval.
(.3) AT THE OPTION OF Th.E OWNER, CE a dispute
arises, it shall be resolved by arbitration in accordance with
the then existit~ ~les of the ~4merican Arbitration Association
and a judgment of specli ic performance upon the athttratmrs~
award may be entered in any court of jurisdiction. The arbitration
ezp~nae shall b~ shared equally by the owner and the Association.
(. !hE 3ALE SEALL NY CL! lTETh~ ‘PRIRTY (30)
DAYS after an alternate purchaser has been furnished or the
A~sociatiom has elected to purchase or within thirty (30) days
of the arbi~rati.oz awnrd whAths~~er is later.
D. IF TIlE PROPOSED TRANSACTION IS A LEASE, GIFT,
~ortgage to a lender other than those types listed in Paragraph
asgteae~t of interest or other disposition than a
sale, notice o:E disapproval of the Association shall be promptly
sent in writing to the owner or interest holder and the trans~
action shall not be made.
E, LIENS
(.1) PROTECTION OF PROPERTY - All liens against
a unit other than far permitted mortgages, taxes or special
assessments, wilibe satisfied or otherwise removed within
thirty (30) days from the date the lien attaches. All taxes
and special assessments upon a unit shall be paid before becoming
delinquent.
(.2) NOTICE OF LIEN An owner shall give notice
to the Association of every lice upon I$s unit other than far
permitted mortgages, taxes and special asaesamanta thin
(7) business days after the attaching of the lien.
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abtens~m, sue esiee~ a euc~e,av, n a~ p’. ~, eo~ ~aes me~
F. JUDICIAL SALE No judicial sale of a unit nor
any interest therein ~ha1I he valid unless the sale is a public
sale with open h~dding,
C. UNAUThORIZED TRANSACTiONS - Any transaction
which is not authorized pursuant to the terms of this Declaration
shall be void unless subsequently approved by the Association.
12, COMPLIANCE AND DEFAULT - Each owner and the Association
shall be governed by and shall comply with the terms of the
condominium doctm~ents ~a they may be amended thorn time tu time.
A. Failure to comply shall be grounds for relief,
which relief nay imcIud~ hut shall not he limited to an action
to recover sums due for damager ur inj~a~tlvo vcIir~ o~r
and whigh actions ma~ he maintained by the Association or by
nu ag~rieved owner
5, to u~y s~th me~ding the ~,reveIIthg party
shall be entitled to recover the costs of the proceeding and
such reasonable attorney fees as may be awarded by the Court.
C. In. the eve~iit that the grievance is that of an
owner or owners against the Board of Directors or a me~be~
thereof~ prior to the institution of 1itigation~ written
notice in detail of the grievance shall be given the Directors
an4 they shall be allowed a period o~ twenty (20) days in which,
to cure or correct,
0. NO WAIVER OF RIONTS - The failure of the Aesoci
ation or any owner to enforce any covenant~ restriction or other
provision of the condominium documents shall not constitute a
waiver of the right to do so thereafter as to later i~fraetio~e.
~a 1598~~~ 492(.3) WYfl,ZS, CT An owner thall give notice
to the Association of every suit or other proceedings which may
affect the title to his unit, such notice to be given within
seven (~) h~einesa days after the owners receive knowledge
thereof.
(.4) FAILURE TO COMPLY with this section
concerning liens will not affect the validity of any judicial
sale.
GoU,s~ec~, RU ~5T!~N a ~UCRt#tY. P. A. P~ 0. SOX a~ss $~~P7 sLO~m~A s~so~
L
32, .AM~~NVS Amendment.s to any of the vandominium
documents shall be in accordance with the following:
A. An amendment may be proposed either by the Board
~f Directors or by any owner and may be considered at any meeting
of the owners, regular or special, of which due notice has been
g~veu according to the By-Laws, which notice includes notice of
the substance of the proposed amendment. Passage shall he
evidenced by a certificate executed with the formalities of a
deed signed by the President or Vice-President and Secretary of
the Association that it has been ehadtèdb~’ the affirmative vote
of the required percentage of unit owners (which vote may be
evidenced by written approval of owners not present and the
separate written joinder of mottgegees where required) shell
include the recording data identifying the Decla~utL~n and which
shall hecome~ effective when recorded according to law.
13. CORRECTORY AMEN~~ENT 1~henever it shall appear
that there is a dei~ct, error o~ sretis-siou in any of the ndosthi
i~m documents amendment of which will not materially adversely
affett the prapërty rights of unit owners a fifty-one (517j
percent vote of the ownera ahell be the rnnuired oerceritage.
or the procedure set forth in F~S, 7l8~llO(5) may be used.
C REGULAR AMENDMENTS - An amendment which does
n~* change the eanfigura tine or size of any condominium unit
in any material fasbipn, materially altdr or modify the appur
tenances to such unit, change the proportion or percentage by
wht~d~. the owner of the parcel shares the ecpn~on expenses And
owns the cou~non surplus or n~aterially adversely affects the
property rights of owners may be enacted by a sixty-six a~d
twa-thirds (66-2137j. percent vote.
U, EXTRAORDINARY AMENDMENTS - An amendment which
will, have the effect of doing any of the thinge mentioned in
“C” above shall require the affirmative vote of all the record
owners of the affected units and all record owners of liens.
thereon and the affirmative vote of the owners of all. other
1598r~ 493
50 sees, 1wm~stmN 5 a, ~ ~o. -sex aa~s ro*’r ~v~ss ~.ornDa sssoa
~1598r~ 494units This SectiOn shall be deemed to include enlargement
of, material alteration of or substantial additions to the
common elements only if the same will have a material adverse
effect on the owners property rights; which shall otherwise
be treated as regular amendments. Any vote changing the per~
centage of ownership of the. common elments or sharing the
common expenses shall be conducted by secret btllot,
14. TERMINATION - The condominium shall be terminated if
at all, in the following manner
A Thy .th~ agreement of eighty ~Q~) p~r~ezit of the
owners which agreement shall be evidenced by an i trurent or
instruments executed in the manner required for conveyance of
land, Thq termination shall become effective when such Agreement
has been recorded acnordia~ ta law,
B. SHARES OF UNIT OWNERS AFTER TERMINATION After
termination of the condominium, the owners shell own the property
as tenants in common in undivided shares and the holders of
mortgages and liens against the unit or units formerly owned by
such owee±~s shall have mortgages and liens upon the respective
udinided shares of the owners, Such undivided shares of the
owners shall be as set forth in Exhibit “B”., All funds held
by the Association except for the reasonably necessary expenses
of winding up shall be disbursed to the unit owners in the
sharee set forth in Exhibit “B”. The costs incu~red by the
Association in connection with a termination shall be a common
expense
C, FOLLOWING TERMINATION The property may be
partitioned and sold upon the application of any owner, Pro~
vided however, that if the Board of Directors following a tetsiw
ation, by unanimous vote, determines to accept an offer for
the sale of the property as a whole, each owner shall be bound
to execute such deeds and other doc~meeto reasonably required
to effect such sale at such times and in such futras as the
Board of Directors directs, In such event, any action for
16
e c~eav, ~ ~ ~. o. ~ot ases ~oev ey~~ ~ornD~ ss~oa
1598~ 4U5
p~rtition or other division of the property shall he held in
abeyance pending such sale, and upon the consummation thereof
shall be discontinued by all parties thereto.
V. TEE NEMBERS OF THE LAST BOARD OF DIRECTORS shall
continue to have such powers as in this Declaration are granted,
notwithstanding the fact~ that the Associttion itself may he
dissolved upon a termination.
15. PSOVISIONS PERTAINIBG TO THE DEVELOPER
A. So long as the Developer holds more than one
unit for sale In the ordIhà~y ~oexuc of biouso, nona of tho.
following actions may be taken without approval in writing by
the Developer:
(.1) Asseasranat of tho Unueloper as a. unit
owner for capital improvements.
(.2) Any action by the Association that would
be dot mental to the enle. of units or the completion of the
project by the Developer including such use of unsold. units and/
common areas as may facilitate completion and/or sale, mainten~
anon of a. sales office, showing the property and display of signs.
R. Until a majority of the Board of Directors of the
Association is elected from owners other than the Developer or
its nominees, the Developer reserves the right for itself or its
neminee~, to provide and charge for management which shall be fair
and reasonable.
16, RIGHTS OF MORTOAGEES - Where the mortgagee of a first
mortgage of record obtains ti~le to a unit by foreclosures o~ a
deed in lieu of foreclosure~ such mortgagee and its successors
and assigns shall not be liable for such unit’s assessments or
share of the common expenses which become due prior cc ~cquisi~iem
of title unless such share is secured by a claim of liep for
assessments recorded prior to the recordation of the subject
mortgage. In a voluntary conveyance, the grantee shall b~ joIntly
and severally liable with the grantor for all unpaid assessments
against the grantor for his share of the common expenses up to
17
I
~sxea~ a sUC~4L5~, p, a. P. o. sox ~sss FoRT ~ygss ~ sssoa
L
flFF 4 ~flO~EC ~W~OI’~
the tiwn of the conveyance, without prejudice to any right the
grantee may have to recover from the grantor the amounts paid
by the grantee. See F~S. 718,116(l)(a).
Also, such mortgagee may occupy, lease, saIl or otherwise
dispose of such unit without the approval of the Association.
17, ENFORCENENT OF ASSESSNENT LIENS Liens for assessments
may be foreclosed by suit brought in the name of the AssociCtion
in like manner as a foreclosure of mortgage on real property.
During his occupancy, the foreclosed owner shall be required to
pay a reasonable rental arid the Asanciation vhell be entitled
to the appointment of a receiver to collect the same, and thu
Association shall have all the powers provided in F.S. 718,116,
including specifically interest at dghrwe~ (I87~) percent per
annum on unpaid as sessmamts aud as s~nuhla attoxnay ‘nfeei~
incident to the collection of such assessment or enforcement
of ~uch 1ien~ with or without suit.
IS. ~ERC Thu qualification of masd’era. the manner of
their admission and voting by members shall be as follows;
A. ALL OWNERS OF UNITS in the Condominium shall be
members of the ~saociation. and no other persons or entities
shall be entitled to membership.
B. NEMBERSHIP IN THE ASSOCIATION shall be established
by the fecording in the Public Records of Lee County, Ylorida,
a deed or other in~t±ument establishing a change of reco~4• t•iti~e
to a unit in the Condominium and delivery to the Association of
a copy of ~ueh instrument, the new owner thereby ~ecb~ng a. m~ber
of the Association, The membership of tthe prior owner shall be
thereby terminated. Provided, however, that the change of
ownership and occupancy of the new owner must have been in
compliance with this Declaration and the A~sociatio~ need net
recognize membership or ownership in spy person until its
requirements have been complied with.
19. INDEMNIFICATION Every Director of the Asvcc~ation
shall be indemnified by the Association against all expenses
1.8
~os~me, aumsevmN a eucm,sm r~ m ~ o. ~ asee ~~ ~Fl9nA ~~G2
I
1598!’~ 497.and liabilities, including cwusel Ieess, reasrhly :!neur’~s~i
or imposed upon him in connection with any proceedings to which
he may be a party, or in which he may become involved by reason
of his b~th~g or avi~g haer a Uiro~tor of the Association • or any
settlement thereof, whether or not he in a Director at the time
such expenses are incurred, except in cases wherein the Director
is ed u$ged guilty of nonfeasance, misfeasance in the performance
of his duties, or shall have hreashed his fiduciary duty to the
members of the Association. Provided however, that the Associ
at~on Ahail not be liable for payment of a voluntary settlement
un~esn it is first approved by the Board of Directors,
20, C01’~ION EXPENSES AND CO~ON SURPLUS The manner in which
the apportionment of Common Expenses, Common Surplus and Owner
ship of Common Elements has been determined is by utilizing a
fraction, the numerator of which is one (1) and the denominator
of which is the number of all units submitted to condominium
ownership.
21, SEVERABILITY - If any provision of this Declaration or
the Exhibits thereto, as now constituted or as later amended,
or any section, sentence, clause, phrase or word, or the appli~
cation thereof In any circumstances is held invalid, the validity
of the remainder and of the application of any such provision,
section~ sentence, clause, phrss~ or word in othsr etroumatances
shall not he affected thereby.
22. VOTING - Each unit shall have one full vote in all
matters.
23. PARflNG - There shall he appurtenant to each unit
at all times one parking spece which shall pass with the title
thereto. The allocation shall be made initially by the Developer
by an unrecorded writter~ instrument given a unit purthaser upon
closing. Two or more unit owners may exchange t1~e spaces initial1~
allocated to their units by submitting to the Board of Directors
~e4 ai~d wittze.ssed requests for exchange and surrendering their
initial or current allocation instruments. The Directors shall
thereupon execute and deliver to such unit owners new allocation
19
a eucmqj’~, e. ~.. e. a. sax asee ~ ~v~se
or~ icco
instruments signed in the name of the Association by an officer
of the Board and bearing the Association seal, reflecting tao
changed allocations. Such changed allocations shall have the
same force and effect as the ones they rep lace~
24, UNT1E TilE COMPLETION (if ThE TELATI2E fbP2~VtMTMTS
to the Condominium property, and closing of all unit sales, the
Developer specifitally rd~erves the right, without the joinder
of any person, to ~aake ~uth char~grs i~ thu ~ Irrq~ti’~ ansi its
attachments or in the plan of deaelopment, as may be required by
any lender4. gover~piçp~al authority as nay be, in its judgment,
necessary or 2usi Thia ~arapraph shall take precedence
over any other provisions of the Declaration or its attachments~
25. PHASING the condominium will be developed in three (3)
~hnoeu. The legal di~sc.riptions of these pa±’cels are contained in
Exhibit “A” to the Declaration.
A. initially the condominium will consist of Phase I. Phases
II and III may be addea as provided herein.
There will be a maximum of 76 units in all phases (I, it and III),
Phase I will consist of 16 units in 4 buildings; Phase II, ~f constructed,
wili. consist of 20 units in 5 buildings; and Phase III, if constructed~
will consist of 40 units in 10 buildings, for a total of 76 Mnit~.
There will be 4 unit types in this coxidominium. T1~A I
bedroom/I bathroom consisting of approximatel7 736 square feet of
living space; 1yp~B - Z bedrooms/i bathroom consisting of approxi
mately 1,003 square feet of living space; ~ ‘ 2 be4ro.oms/l3s
bathrooms consisting of approximately 1,003 square feet ~ living
space; and T~p,eD - 2 bedrooms/2 bathrooms consistur~ of appronl~ateiy
1,025 square feet of living space,
Phase I will contain 4 units of each unit type~ Pha~e~ if a~d
Iii, if constructed, will contain a mis of tho unit typa~ pmdlm~
upon demandS
All buildings in cli phases will he one story high. as~d of
~f5
The units are to be identified by the letter, number or
combination thereof which is designated upon the surveyor’s plaits
(ExhibIt “A” to the Declaration),
20(Revised)
eem~R t 4eTW4 e CuostaY, p~ A~ P~ 0. ~OK mesa FanT M~Eses OR~0’~ aeao*
~1~5~J8~ 4~9Bach unit will alse include, as a limited common element
appurtenant thereto, a 375 square foot courtyard with a 25 square
foot storage facility (an enclosed, weather- tight room constructed
ei weed), The courtyard will be s tveundcd by a t fort pivacy
fence, constructed of wood.
A sewage treatment plant and lift station to he constructed
on the prope~ty nrc vadta the l~evele;ar for the common use
of all condominium unit owners in all phases. The sewage treatmeot
plant and lift station will be transferred by Developer to the
hondonininmaur.is ~on anon completion of Phase III,
B. The percentage of ownership ~f each unit in the condominium
as each phase is added shall be as follows:
Phase .1 - 1/16th Phase II - 1/36th Phase III - 1/76th
C, There are no recreational facilities associated with this
condominium.
D. The membership vote and ownership in the Association
at.tribatable to each unit in each phase and the results if any
phase is not developed are as follows:
(.1) Bach unit will have one full vote. Th~re will
thus be 16 votes in Phase 1, 36 votes in Phase II and 76 votes
in Phase IlL If either Phase II or Phase 111 is not bt~i1t, ~he
votes attributable to that phase will not exist.
(.2) The ownership im the Association shall be as
shown iii Patagraph 25(B) and in Bxhihit “W’ heretO~ If.any phase
is not built, the fraction of ownership will remain at the level
that already exists.
B. The Developer states that the time period within which
each phase must be completed are as follows:
Phase I - ~e wher, 1D62
Phase ii - December 19B4
Phase III ‘ December, 1985
n~TB; The Developer has. every expectation that the phases will
be completed sooner than shown abo.ve~ hat the Cendon4uium Act
(P.S. 718,S03(1)) requires that a legal deadline be set forth
21(Revis ed)
a aun~px, ,, ~. p, o. mox asee sowr MY~W~ P~.Oa~OA ~8O~
~159S~ 500
in the Declaration, ample time is being giveil to cover any
eventuality.
FURThER NOTE: Developer does not commit to the construction of
additional phase.
P. Pursuant to Florida Statute 718.403(6) amendments to the
Declaration adding phases do not reQuire the consent üf any unit
owner other than the Developer nor of any other person.
THIS DECLARATION OF CONDOMINIUM and attachments hereto made
and entered ihtö iii is ~“j’ day of Apti4~ I9U~
ST RU~ft3EES OF LLE ODOt~TT., 1~C.a Florida corporation
STATE OF FLORIDA
cOUNTY OF LEE
I ~RFEY CERTIFY that on this~4 ~day of April, A~D., 1981,
before me personally appeared STANLEY K, INK and EDITH W. INK,
President and Vice President respectively of STRUCTURES OF LEE
UOUNTY~ INC. • a Florida corporation, to mm known to be the persons
described in and who executed the fo7egoing DeclayatiOa’ of CoEdo
minluin of Palm Frond Condominium, and severally acknowledged: the
e~ecutjon thereof to be their free act and deed as such officers,
for the uses and purposes therein mentioned; and the said instrument
is the act and deed of said corporation.
WITNESS my signature and official ~ea1 at Poth Mye~:~ ~
County of lee and State of llorzda, the day an ~year ~m5t
~ r~~~on Expires
22~
~~1N~tE~N ~ ~aear~, ~‘. ~ ~. ~ aa$~ ~FQ~T ~ F~.OFI~D~~ ~noz
L
tha SE corner of the NE 1/4 of the NE 1/4 of Section 10,T. 44 8, R, 24 E, Lee County, Florida, thence North 0° 34~ 42°East, along the East line of said Section 10 (centerline of PalmAvenue) for 329.97 ft.; thence South 89° 56’ 26” West for .25.05 ft.;to the Point of Beginning (POE); thence continue South 89° 56’ 26”West for 472.14 ft.; thence Worth 0° 34’ 52” East for 330,22 ft.to the North line of the N 1/2 of the 8 1/2 of the N 1/2 of said~E 1/4 thence North 89° 55 50” East, along said Nor-tb tins for472.14 ft.; thence South 0° 34’ 42” West for 330.22 ft. tO the POE.
lESS
From the SE cornWr of the WE 1/4 of the NE 1/4 of sa&d Section 10,thence North 0° 34’ 42° East, along the East. lice of said Enetfon10 (centerline of Palm Avenue) for 329.97 ft.; thenc~ South 89°56’26” West for 25.05 ft. to the Point of Beginning (POE); thencecontinue South 89° 56’ 26” West for 472.14 ft.; thence North00 34’ 52” East for 150.0 ft., thence North 89° 56’ 26” East forl5~,l4 ft..; thence North 0° 34~ 52” East for 88,0 ft..; thenee North4~1 561 26” taut for 170.0 ft.; thence Nouth 00 34’ 52” West f~88.0 ft.; thence North 89° 56’ 26” East for 138.0 ft.; •thenc~ South0° 34’ 42” West for 150.0 ft. to the ~
Exhibit “A” to Declaration
DOSCRIPTItONTotal land
Ni 4~n
All that part of the N 1/2 of the S 1/2 of the N 1/2 of theNE 1/4 of Sec. 10, T. 44 8, 11. 24 5, which lies East of HancockCreek, excepting, however, the part described as follows; Beginningat the NE corner of Sec • l0-44’~24 thence South 660 ft~, thence West998.5 ft. to the Point ~f Beginning (POE) of the land to be excepted;thence South 330 ft., thence ‘~lest to the cantor of E~~co~k Creek;thence Northerly along the centerline of Hancock Creek to a pointWest of the POE of the land herein excepted, thence East to the POEof the land herein excepted;. Less R/W for Palm Avenue.
NOEE~ Thin parcel of laud is NOT nubmitted to condominiumownership at this time.
DESCRIPTIONPhase One
From the SE corner of the NE 1/4 of the NE 1/4 of Section 10,T. 44 8, F. 24 5, Lee County, Florida, thence North 0° 34’ 42’East, along the East line of the said Section 10 (centerline ofPalm Avenue) for 329.97 ft.; thence South 89° 50’ 26” West for25,05 ft. to the Point of Engiunlag (POE); thence continue South89° 56’ 26” West for 672.14 ft.; thence North 0° 34~ 52” Ea—tfor 150.0 ft.; thence North 89° 56’ 26” East for 156.14 ft.; thenceNorth 0° 34’ 52” East for 88.0 ft.; thence North 89° 56’ 26” Eastfor 178.0 ft.; thence South 0’ 34’ 52” Nost, for 88.0 It,; thenceI(orth 89° 56’ 26” East for 130.0 ft..; thence South 0° 34’ 42” Westfor 150.0 ft.; to the POE.
DESCRIPTIONPhase Two
IMPORTANT NOTE; This parcel of land is NOT submitted to condominiumownershib at this time,
eoo~~as, eue~sns~~ a euckLsv. p. A, P. o, ~ox aa~s ‘owr ~y~s ~~
23
L
g~; ~uu~ ~
to condor,ia.niun
24
I
DESCRIPTIONPhase Three
All that part of the N 1/2 of the S 1/2nf. the N 1/2 of theNE 114 of Section 10, P. 44 5, R. 24 E, which lies East of flancockCreek, excepting, however, the part denc.~ibed as foif~n~-s~ ~fnpat the NE corner of Sec. 10—44—24, thence South 660 ft., thenceWest 998.5 ft. to the Point of Beginning (POE) of the land to be
p~çd; th~nce Sooth 330 ft., thence West to the center of~LEudtk Creek; ence Ndfttezly along the centerline of NanoockCreek to a point West of the POE of the land herein excepted, thenceEast to the POE 0± the 2~e~ hcee~r~ erceptad, ~ P.1W for Palni Avenue.
LESS
~‘ the SE corner of the N~ 1/4 of the NE 1/4 of said Section 10,thence North 0° 34’ 4%” East, along the inht InC of dutd Sed~ 10
Sceline of PaIs~ .avem~e.~ for 329.97 ft.; thence South 89° 56’ 26°West for 25., 05 ft. to the Point of Beginning (POE) thence continueSouth 89” 56’ 26’ West for 472,~l4 ft.; thex~ce North 0° 34’ 52°East for 330,22 ft. to the North line of the N 1/2 of the S 1/2of the N 1/2 of said NE 1/2; thence North 89” 55’ 50’ East, alongsaid North line for 472,14 ft.; thence SOuth 0” 34’ 42” West for22h~22 ft... to the POE,
I~WORTANT NOTE This parcel of land is NOT submittedownCrship at this time,
ØOLn~O, 4welNsmTee~ e euc~m*xr, P. A, p~ ~, sa~ s~ee ~‘oe~w M’trn~s ~‘m,oeu~,. s~o~
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H.
41
Il
STANSZG K wceC.RLS.N2S~vLVEMwGO*1 CTN Ft MYLIIS FLORIDA
flEIGENPhASE I
PALM FRONDCONDOMINIUM
SEC 41CR iR— TONIISI/I% US RANGE 245LEECGUN 7,’, FLORIDA
EDNDOMIRIUM PLAF SOCK —SNEE~ I DES1AMMI*S 4555’ RESCALE I’ KG’
1,,~0,44fl,.I,.tI1,-..,4 ,,,5 0400’I4fl4’S’I4’0’,O4~4II4~III0I4~’0ttI1•~0”14t4 ‘-‘ 4,:” .4,544 44’0.
IC
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4,- 404 440.10,10 l’4.~04 000
lot 444.4 15,4 44,.,00 45,04 i’ll’. ~~‘104* 44.4 14”, 0,4’S4410’*S’~i4 1,,s 40* 0 14.~ 14..40...oOII! O’Y4’*4’ ‘ott 404 1400 14-,
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LOCAtION MAP
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,19Qc184 4444 ,s4j.44.fl~tE.*I4t 44444 4444.44 “11 44 fl44 ~0* *444 .44.r
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* -. 444 44-454 ,4444.4Q’54’4114.1412*4444 ~44 45sf 244% .14,44.44 144% *2144)
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440144011 o~rn ~1 ‘N23 00OA244~A71~’ co~i
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Cl0-VC,
S
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IaSEKTWP FOR
SEWAGE TREATMENT PLANT & DRAINEJ.ELL)
RESERVED TO DEVELOPER
flLH FROND CONDOMINIUM
na the SE corner of the NE¼ of the Nfl of Section 10,if~aship 44 So~wth~Ranga 24 East; th~nOe North 00 34 42°
Test. for 329.97 feet; thence South $9°56’ 26” West for533.0 feet; thence North fçr 13.0 feet to. the Point ofBeginning of said sewage treatment plant and drainfieldéaaement;
thencethencetheAcethence
thenceflenOethezc&thence
continue North for 20.0 feet;
West for 120.0 feet;North fof 30.0 feet;West for 70.0 feet;South for 30.0 feet;West for 30,0 feet;Seuth for 20.0. feet;East for .270.0 feet to the Point of Beginning.
IMPORTANT. NOTE; This parcel is NOT submitted to condominiumownurship at this time.
n=~ CD
or; 4~flO~fc ~waot&
STcWCIURCS hr LEE COUNTY, INC.7625 SILVERWOOD COURT N. FORT MYERS. FLORIDA 33903
STANLEY K, KNN. pt. n..t, cat TELEPHONE (573) 965.2442EN V
EfSItN W. IRKvtctppni0M~T
GOLDSERO, RUS1NSTEIN a euc)cLsy, F, A, ~. a. sox ssss rant MY%RS FLORIDA 53002
I
DES~R~flIONOF EASEMENT... FOR
SEWAGE LIFT STATION
(RE~ERVED FOR DEVELOPER)
PALM FROND CONDOMINIUM
?rom the SE corner of the NE¼ of the Nfl of Section 10,To4mnship 44 South, Range 24 East; thence North 0° 34’ 42”Eat for 444.0 feet;thence South Sr 56 26’ wat fo~ 25 feat to thePoint of Begiflning of said lift station easement:thence oontinue South 99°~6 26” West for 10.0 feet;thence Son 06 34~ 42~ We~t for 10.0 fe~tthence North SV sr IV’ Last for 10.0 feetthence~ North 0° 34’ 42” East fot 10.0 feetto the Point of Beginning.
Qotoafla RUmNSUIN & aucisat. ~. A. ~. a !OX 2866 FORT MY8RS FLORiDA 88602
f}cHi= cp
STRUCTtJPrS or LEz COUNTY, !NC.1625 SILVERW000 couwr ~ N.. FORt MYERS. FLORIDA 33803
STANL6V K. IRK. ~ ,.t,s., ~...c TELEPNORIZ £813) 955~2442PIZIOtHY
541W.. IRK &~ I !0V -RK ,L44#JPC t~u
IMPORTANT NOTE.; This parcel is NOT submitted to condominiumowwmenMp at this time,
Exhibit 0 to Declaration
~l/l6th Part
1/30th Part
..~.1/76th Part
PALM FROND CONDOMINIUM
Per•cent&ge of Ownership
Phase I Units
Ph. II Units
Phaso 111~
GOLD~tL~4Z ~U~NêTW~ ~ C~LY~ P~ A~ ~ O~ ~ ~ ~O~tT ~
29
WtI5OSFG 509
I. Passenger automobiles, ‘var~s and U4ht pickup trucks that
do not exceed ‘the size of one parking space may be parked only in
ihe areaS provided for that purpose. Boats., trailers, campers
and tatreatloual eLitIst shall cant he parked on, the arounds.
Bicycles and mopeds shall be parked only in such areas as may be
desigu;tc~ for that purpose. Motorcycles may only be operated
far in~rers and egra&t and shall have a quiet muffler. No noisy
“dirt bikts” may be operated. Vehicle maintenance and- car
washing i,s not permitted on the condominium property.
2.. No radio or television antenna or any wiring for any
purpose may be installed on the exterior of any buil4ing without
the written consent of the Directors..
3, No sign, advertisement., notice, object, awning, screen,
plastic or glass enclosure shafl be exhibited, inscribed, painted
or affixed by any apartment owner on any part of the condominium
property visible from the ekterior of the buildings or from
co~on areas without the prior wri,tten consent of the Association
to maintain uniformity. of exterior appearance-.
4. All coasuon areas inside and outside the building will be
used for their designated purposes and no articles beIong~.tg tp
unit owners shafl be kept therein Or thereon sithout the approval
of the Directors and -such areas s-hall -at all times be k~pt free
of obstruction.
5. Usual household pets may be kept on the premises, pro~
v~ded, however-, that their size will be lirnit~d to those that can
be carried ‘by their camera, a-nd if the Direttore shall determine
that any such pet shtll become a huisance to other unit owners,
the p-st shall be removed from the premises. Pets shall be ‘kept
I-sashed -then v’utside a unit. Pets shall not be kept in units by
guests or renters.
Exhibit “C” to Declaration
PALM FROND GOtWONINIUtL
RULES AND REGUlATIONS
-so~.ussn. 1nW4N5fl54 a sucms~. -P. -A. P. 0. 505 5555 pear ØYSRS rtornna Sesos
L
N jäOSni 511
I certify that the attached is a true and correct copy of the Articles
of incorporation of •PM~M FROND CONDOMINIUM ASSOCIATION,
~ nirpus ~ ~‘ c’ o~ganved rsnder the I aw. of the
State of Florida, filed on May 22, 1981, as shown by the records of
this oftice
The charter authber for this corporadon is 758506.
~ihen imber nip bnnb aub djr~Pbrra~ ~taI of Mit ~4gf~ øfjflotiba,
a~ Zall*i%tet, t~cC4h*, ttölfr27th hap ci May, 1981.
notosne, Rurnt*flfl~ a aucKLsf. p. a, P. 0. 50K afle FORT HflflS FLORIQA
L 4
6. Disposition of garbage and trash shall be only by use of
receptacles approved by the Association or by use of garbage
disposal units.
7. All persons occupying u~ts ut Ihun t~ sncrr shall
he registered with the manager or other designate of the Association,
at or before the tine of occupancy of the unit. This includes
renters anc house guest~.
Units may not be rented for periods of less than one (1)
~ copy of the house rules must be given to the renters by
the uni awners or t~t~eeaCr
The foregoing regulation shall not apply to the Developer,
nor may it be amended as to the Developer without the written
c~aent of the Developer
8. The Association shall retain a pass key to the premises,
and the apartment owner shall provide the Association with a key
for the use of the Association pursuant to its statutory right of
access to the premises.
9~ The unfinished floor surfaces of all units (except bath~
roosis, kitchens, terrace and entry ways) shall he covered with
carpeting to reduce the transmission of noise from one unit to
another. Bathrooms and kitchen floors will be covered with vinyl,
or other similar type flooring.
10. Loud and disturbing noises are prohibited. 1.11 radios,
teievisions~ tape aachind~, stereOs, singing and playing of
musical instruuents shall be regulAted to round levei~ that wili
not disturb others.
11, Use of barbeque grills shall only be allowed in areas
dea~gnated as safe and appropriate by the Directors.
No children wider the age of twelve 2). years shall resid.e
in any unit,
1.3, These rules and regulations shall apply equally to
oe~rs, their fumi .ty, guests and lessees,
GOLP5~~. ~UrnN~T~tw ~ ~5UC~OJ~Y, C. A. P. 0, ~oa as~ PQ~T ~ FU~A ~~OC
t~W. 1598rg 510
Bxh.uI>it Ii’’ to Decia
ARTICLLS or~ INCORPORATION
PALM FROND CONDOMINIUM ASSOCIATION, INC
(A NONPROFIT FLORIDA CORPORATION)
ARTICJ;E I. ~k 1598~ 512The name of this corporation is PALM FROND CONDOMINIUM
ASSOCIATiON, INC.
ARTICLE Ii.
The purpose for which this corporation is organized is to
att as the governing association of PALM FROND CONDOMINIUM,
ibeatod at North Fort Myers, Lee Cotir~y,, Florida.
ARTICLE IlL
The quali.ficatiob of membets and the manner of their admission
tha~.1 ~be ~ follows; Any person or persons who hold title in fee
simple to a condominium unit in the Condominium shall by virtue
of such ownership be a member of this corporation.
ARrICLE IV.
This corporation shall exist perpetually
ARTICLE V.
The names and residences of the sufracribers to these Articles
~oFinc4rporation are as follows:
Stanley K. Ink 1625 Silverwood CourtNorth Fort Myers, FL 33903
1625 Silverwood Courthrvth Fort Myers FL 10%
i625 Silverwood CourtNorth 1~ort Myers, FL 33903
ART1CLE VI.
The affairs of the corporation are to be managed initially
by a Board of three (3) Directors who will he elected each year
at the annual meeting of the Condominium Association as prevWed
for in the By~Laws. At such time as the Dexeloper t~s reiiztquishod
control of the Association as provided by the Cc,ndomiuium.Act,
the Board nay ho composed of any odd number of Directors that the
members decide (as provided for in the Fy~La4~)
-~
r.
-Patricia L. Ink
James N. Ink
k
GO~t’mO, CW3INSTCIN a muc~ctxy, P. A. P 0. max Z~s FORT MT~R~ F1.Q~OA ~~O5
I L
~P~flC.U~ V[!
The names of the Officers who arc to serve until the first
election or appointatent under the Articles of incorporation are:
Stanley IC. Ink President
James M. ink ~ Vice President
Patricia L. Ink Secretary/Treasurer
The number of persons constituting the first Board of
Directors shall he three (3) and their names and addresses are as
follows:
1625 Silverwood CourtNorth Fort Myers, FL 33903
1625 Silverwood CourtNorth Fort Myers, FL 33~O3
1625 Silverwood CourtNorth Fort Myers, FL 33903
ARTICLE X.
.Prnendments to these Articles of Incorporation may be proposed
a~id adopted as fo1lows~
An Amendment may be proposed by either the Board of
Iiirectots or by any owner and may be considered at any
meeting of the owners, regular or special, of which
due notice has been gIven ~tccording to the B~Laws,
which includes a notice of the substance of the proposed
amendment.
The Amendment must be approved by a vuta of the ~aajority of
the members of the corporation..,
•1
Stanley K. Ink
Patricia L. Lrrk
James M. Ink
ARTICLE IX,
The By-T,aw.s of the corporation are to be made, altered or
rescinded by a majoriti~ vote of the members and Directors of the
corporation.
4.,
Oo~Rt~, Ru~Ia’mwIN ~ aUcK~.eY, P. A. P. 0. ~ 53~$~ ~‘ORr MYm~G P~.ORtOA ~
L izz
1598~ 5i4
STATE OF FLORIDA
COUNTY OF LEE
Stanley K. ak
ARTICLE XI.
Each unit in the condominium shall have one (1) full vote,
whith vote shall be ~aat by a designated oeuer as provided for in
tha Deaaratiun of ~thO~
ARTICLE_XII.
This .corp~ration reserves the right to amend or repeal
nta~ in these Articles of Incorporation.
ARTICLE XIII.
Thi~s corporation shall have all the powers permitted by law
~ther with such addit~.onal specific powers as are contained in
the Declaration and By-Laws.
any
ARTICLE XIV.
No part of the net earnings o~ tt~iS co~poratiou shall inure
to the benefit of any member or individual, except through the
acquisition, construction.~ management, maintenance, or case of
association property or througTa the rebate of the excess member
ship dues, fees, or assessments.
IN ‘WITNESS WHEREOF, tne undersigned subscribers have executed
these. Articles of Incorporation this ~ay ~
1981.
BEFORE ME, the undersigned, a Notary Public authorized to
take acknowledgments Lu the State and County aforesaid, pereonally
34~,
50LOsE~5, RUSINSTEIN & aucrnjv, F, A~ F, 0, EO~ EsEê FO~ NVEI~$ pi.o~ia~ fleø*
L
~159S~~~ 515
appaare~
and JaaesM~~L_~ known to me and known to be the
persons who executed the foregoing Articles of Incorporation,
th~ay ackmcwledgnd before me that they executed those Articles
IncorpOrati0n~
WITt’~ESS my hand and seal this ~ day of !~L_~
My Cound.ssiOn Expires:
April 22, 1981
and
of
S A. ~ 0. ~ aaf~S ~owr e~n~n~ o~A ~#OR
STATE OF FLORIDA HAS NAMED Stanle K, Ink~TEDAEN
LOCATED J~ 1625 Silverwøod Court
POST OFFICE BOX ADDRESSES ARE NOT ACCEPTABLE)
____ STATE OF FLORIDA, AS ITS AGENT To ACCEPT
S~-~O
TITLE President ______
DATE~,~2j~1 _________
HAVING BEEN NAMED TO ACCEPT SERVICE OF PROCESS FOR THE A~OVE
STAfrED CORPORATION, AT THE PLACE DESLGNATEI~ I~ THIS CERTIFiCATE~ I
HEREBY AGREE TO ACT IN THIS CAPACITY AND I FURTHER AGREE TO COMPLY
WITH TUE PROVISIONS OF ALL STATUTES RELATIVE TO THE PROPER AND COM.~
PLETE PERFORM~NCE OF MY DUTIES.
SXGNATURk~~~•.,’.
DATE rtl 22 1 ________
~i598r~ 51~ ~CERTIFIGATE DES IGNATINU PLAG~ OF BtiST~iESS OH DiIL~IA~
SERVICE OF PROCESS WITHIN FLORIDA, NAMING AGENT UPON WHO~f~CE~MAY BE SERVED ‘~ ~‘
~o.IN COMPLIANCE WITH SECTION 4&091, FLORIDA STATUTES, THE ~
FOLLOWING IS SUBMITTED:
FIRST THAT PALM FROND CONDOMINIUM ASSOCIATIO~L INC______
‘T~WN3
DESIRING TO ORGANIZE OR QUALIFY UNDER THE LAWS OF THE STATE OF FLORIDA,
WITH ITS PRINCIPAL PLACE OF BUSINESS AT CITY OFN_~rtMers
CITY OF No. -Port Myers
~~iCE OF PROCESS WITHN PLOY~1DA,
i~. P. 0. ~~OX ~ ~‘OWr Y#~ F~.0~A ~
L
Exhibit ‘5” to Declaration
s€i 1598~ 517
at the Condominium,
(.2) FISCAL YEAR - The fiscal year of the Association
dhall be tI~ caLendar year,
(.3) SEAL - The seal of the Association shall bear the
name of the Association, the word “Florida”, and the year of
establisbtaent,
2. MEMBERS’ MEETINGS
(.1) ANNUAL MEMBERS’ MEETINGS shall be held at tha
Condominium or at such other convenient location as may he determined
by the Board of Directors, at such hour and upon such date each
year as may be determined by the Board, for the purpose of
electing Directors and of transacting business authorized to be
transacted by the members,
(.2) SPECIAL MEMBERS’ MEETINGS shall be held whenever
called by the President, Vice-President, or by a majority of the
Board of Directors., aed shea dalted by uritten notine from ten.
(10%) percent of the entire membership. As to the meeting
required when unit owners other than the Developer are entitled
to cicot a member or members of the Board of Directors, the
meeting may be called and notice given by any unit owner if the
Association, fails to do so,
(.3) NOTICE OF MEMBERS’ MEETINGS “ Motioe of the
annual meeting shall be sent to each unit owner by United States
BY-LAWS
OF
PALM FROND CONDOMINIUM_ASSOCIATION, INC.
I. IDENTITY Three eec the Ry’~Lxs.r of PALM PROND
CONDOMINIUM ASSOCIATION, INC., a non-profit Florida corporation
fotmac4 for the purpose of administering PALM FROND CONDOMINIUM,
whfcb to located cC North Port Myers. Lee County, Florida, upOn
the lands described in the Declaration of Comdom±nium. (The
corporation shall hereafter be referred to as the Association).
(.1) OFFICE - The office of the Association shall be
•aOwnrn7, SUStNSTION a SUOSLSY, P. A. P. e. ~OX SS5# PORT ann rsoaaaa asses
15~8~ 518
maU at least. foutteen (14) days prior to the annual meeting. A
post office certificate of nailing shall be obtained and retained
as proof of such mailing. Written notice of the meeting shall
also be posted in a conspicuous place on the condominium property
at least fourteen (14) days prior to the annual meeting.
The Board of Administration shall also nail a meeting
notice and eppies of the proposed annual huaget of common expenses
to the unit owners not less, than thirty (30) days prior to the
meeting ~t which the budget will be consid~red~
~otfce of a ~etiaI meetihg to elect ~n Dii~etter or
Directors from the unit owners other than the Developer is
specified in By-laws 3(.2)(D)(ii).
Notice of a s~ecial meeting called by the Board at t~e
witten request of ten (1O~) percent of the ~iwnnm hacaute of a
budget exceeding 115% of that of the preceding year requires not
less than ten <10) ‘days~ written notide to each unit owner.
Notice of other special meetings net covered above
shall he in writix~g and mailed to each member first class,
poe~ege pre~paid not less than ten (10) days prior to the meeting,
~bwever • unit evuers may maima notice of specific meetings and
may take actIon by written agreement without meetings where it is
in the best interest of the condominium to do so.
AU notice of meetings shall state clearly and particu-’
larly the purpose o~ purposes of the meeting.
(4) A QUORUM at thembers’ meetings shall consist of
peraoi~ entitled to cast a majority of the votCe of the entire
member~hip. The joinder of a member in the action of a m~eting
by ~ig~ing and concurring in the minutes thereof shall constitute
the presence of such member for the purpose ef deters~ieing a
quorum~ Decis~LOns made by owners of . majority of the units
represented at a meeting at which a quroum is present shall be
binding and sufficient for afl purposes except sa amendment to
the condominium documents or such other decision an may by law
55555, RUmNsTZ~N ~ SUCKLSY, P. ~, P. 0. SOX esee Poni’ MYSSS PL.05~OA e~SOS
159& 519or ran documents requa to a :Eargo~ pee ceotoge I which case the
percentage required in the documents or law shall govern.
( .5) EACH UNIT shai I have one indivisible vote and
the vote of the owners of a emit owned by more than one person
(except husband and wife either of whom may cast the voti:) or by
a corporation or other entity shall be. cast !~y tiw person named
in a certificate esyned by ai 1. of the osnere of hUM unit and
filed with the Secretary of the Assousacian, ~e I.e
shall he valid until revoked by a subsequent certificate. Ii
shah a certificate is not ‘ih file the rotc of such unit shall
not be consiceren at. uccecniuiaM, ... ~:.; .t to I. fco:
for any other purpose.
(.6) VEHiClES Votes may be cast in person or by
proxy. ;ru≥a.2t, s~.aai C :r~ti: ~1 r~nnA nne 4srt~c~ end shall he
valid only ior the particular meeting designated therein and muat
bE filed with the Secretary before or at the appointed tine of
fipa. In’”’ ~n~a’~t otal.1 a o:cnxe cc valid for more than
ninety (90) days from the scheduled netting date.
(.7) APPROVAL Oh DISAPPROVAL of a uni t owner upon any
~ ‘sbardaw or not the subject di an Association meeting,
shall be by the same person who~ wc’~uld cast the vote of such owner
if in an Association meeting.
(8) ALJOUPICED trgEnhy;s If: any meeting of members
cannot he organized because a :~norum has no.t attended~ the
members who are present, either in person or by proxy, may
ad5o~urt. the meeting from Line tO time until a quorum is present.
(.9) THE ORDER OF BUSINESS AT ANNUAL NhNflSS •
ned, as far as applicable at all other memhers9 meetings, shall
<s) Election oi titealrman di two aan~. Cog,unless the President or Vice~Fresidentof the Association is present when he(or she) shall preside.
(di (Cal Clog ci the roLl and certifying ofpreesses.
ma‘I.”’
be
aosca#aa aua4asnm a sucans. a. a, a o. sot sass soar essas flS3a~s5 asses
L
nrr~~n~Rit I~QPG
(C) i~roar of Notice of matting c~. ~ai-c~nrof Notice,
(d) Reading and disposal of any unapprovedminutes,
(e~ Kt~trt~ ~f ~irecnnrr.
(f) Reports of Committees.
(g) Election of Directors
(3~) ~
(i) New business.
(j) Adjournment.
3. hOARD OR DIRECTORS
(.1) ~~ERSHIP - The affairs of the Association shall
be mat~aged initially by a Board of three (3) Directors selected
by the Developer. Boards selected subsequent to the time members
other than the Developer are entitled to elect a majority of the
Directors shall be composed of any odd number of Directors that
the Owners may decide, Other than Directors selected by the
D~veloper~ each Director shall be a person entitled to cast a
vote in the meetings of the Association. The Developer shall he
entitled to select at least sac Director, as long as ‘it holds at
least five (57,) percent of the units that. will ultimately be
operated by the Association for sale in the ordinary course of
business.
manner
(.2) DESIGNATION Ol~ DI GWRB aht-I1 be in the fcllnw~ng
‘(a) Members of the Board of Directors except
those selected by th~ Davelo~nr II ha elected by a ajority of
those present and voting at the annual .meetin~ of the member~ of
the Aseociation or at a special meeting called for pursuant to
3 (.2) (~) (ii) ‘.s~er R-.B. fl~ ~Ol~
(b) E,~cept as to vacancies provided by remOval
of Directors by members, vacancies in the Board of birector!
ocnu~eieg hetwhen annual meetings of members shall be filled by ~
majority vote of the remaining Directors.
L
Un
Any eater er~A~pt those selected by the
Developer, may be removed with or without cause by concurrence of
& majority of the members of the Association, either by written
or at a snecial meeting of the members called for that
purpose either by a majority of the Board of Directors or by ten
(10%) peycent of the members, The vacancy ~n the Board of
Directors so created ~hal1 be filled by the members of the
Association at the same meeting.
(d) (i) when unit owners other thAn the Developer
o4~n fifteen (15%) percent o~ more Of •th~ t~its that will be
operat~d ultimately by the Association, the unit owners other
than the Developer shAll be entitled to elect not less than one-
third of the mea~bers of the Board of Directors of the A~soci
ation, Unit owners other than the Developer shall be entitled to
elect not less than a majority of the members of the Board of
:D~xeetors three (3) years after fifty (50%) percent of the units
that will be operated ultimately by the AssociatiOn here bern
conveyed to purchasers, or three (3) months after ninety (90%)
p~rcent Øf the units that will be operated u3,timately by the
AssocIation have been coAvayed to purchasers, or mhen nfl ~f the
units that will be operated ultimately by the Association have
be*~ completed and some of them have been. sold an4 none of the
others are being uffemed for sole. by the Developer in the ordinary
course of business or when some of the uAits have been conveyed
to purchasers • and none of the others are being constructed or
offered for sale by the Developer in the ordinary course of
business, whichever shall first occur.
(ii) Within sixty (60) days after unit
pwnsxs other than the Developer are entitled to elect a mernber or
members of the Board of Directors, the Association shall ca].1 and
give not less than thirty (30) nor more than forty (40) days’
notice of a. meeting of the un~.t owners for this purpose.
(iii) Prior to or not more than si~cty (60)
days after unit owners other than the. Developer elect a majority
500, s~e~rnw a ~ A~ P. 0. 5O~ 5~55 FO~55 ~4Y~55 ~os~OA ~a~oa
15~8~ 522
of the ~bers of tha P~oard of r~rs of the Association, the
Developer shall relinquish control of the Association and shall
deliver to the Association all property of the unit owners and
~yf the A satiation bold by or controlled by the Developer, as
specified in F.S. 718.301.
(.3) THE TERM OF EACH DIRECTOR’S SERVICE shall extend
unt~ 1 the next. annual meeting of the members and thereafter until
his successor is duly elected and qualified or until he i~’ removnd
in the manner elsewhere provided. Provided however, that in
order to provide a continuity of experience, the members at th~
first annual meeting after the Developer has relinquished control
of the Association may vote to give up to one~half of the Board
m~pthers .t~rr~s of two yeath so that a system of. ~~t~gg~red terms
will be initiated,
(.4) THE ORGANIZATION MEETING of the newly elected
Board of Directors shall be held at such place and time as ahali
be fixed by the Directors, provided a quorum shall be ‘prosant..
(.5) REGULAR MEETINGS OF TH~ BOARD OF DIRECTORS nay
be held at such time and plate as shall be determined from time
to time, by a ‘majority of the Oirecto!n, hot not 3.esw then
qearterly. Notice of regular meetings shall be given to each
Director personally or by mail~ telephone or telegraph, at. least
‘three (3) days pricc~ in the day named for ouch meeting.
(.6.) SPECIAL MEETINGS OF THE DIRECTORS MAY BE called
by the President and must be called by the Secretary at the
‘writtea re4oast of onc~thirA ~f the Directors. Not less than
three (3.) days’ notice of the meeting shall be given personally
or by mail, tel~phone or telegraph, which notice shall state the
time, place and purpose of the meeting., except in an emergency.
(.7) WAIVER OF NOTICE Any Director may waive notice
of a meeting before, at or after the meeting and such waiver
shall be deemed equivalent to the giving of n~tice.
(.8) MEETINGS OF THE BOARD OF DIRECTORS shall be open
to aU unit ownezo to attend and listen but not be heard or
.GOLD55~5~ ~U5N~t55~ n. euc~tj.~~, e. ~,, ~. e. ~ox gas. rae’r M~Z~s o~n* neem
(.2) TO USE THE FROCELOS OF ASSESSWENTS in the exercise
of its powers and duties.
(.3) THE EAINTENANCE, REPAIR, REPLACEI’IENT AND OPERATION
of the condominium property.
(.4) ThE RECONSTRUCTION OF INPROVEERNTS AFTER CASUALTY
and the further improvement of the property.
(.5) TO APPNOV1~ OR DISAPPROVE i~ROP~D TRANSACTIONS in
the manner provided by the Condominium Declaration.
(.6) TO ENFORCE by legal means the provisions of
applicable- laws ,-the con~domiwiun~ -dos- ents~ the ~y~La.wp g~
Association, and the regulations for cIa use of the preporty in
the condominium.
(.7) TO CONTRACT FOR MANAGENENT of the condominium.
(.8) TO FAT ThXES AND ASSESSNENTE ehich ~ liens
against any part of the condosi&Uium other than individual units
and the app~rtenancee thereto, and to assess the same against the
unit subject to ruth lions.,
(.9) TO CARRY INSURANCE for the protection of the unit
owners an4 the Association against casualty and liabilities,
(.10) TO PAY TEE (~DST OF ALL POWER. WATER, SEWER and
other utility services rendered to the condominium and not billed
to owners Øf individual units,
(.11) W ENPLOY PERSONNEL and designate other ófficez~e
for re~sonabie compensation and gr5nt them such duties as seems
appropriate for proper adzàiniatration of the purposes of the
*asociation.
(.12) TO BRING SUIT, EX~CUTE CONTRACTS, DEEDS, MORTGAGES,
LEASES and other instruments by its officers and to own, convey
mid emeumber real and personal property.
5, OFFICERS
(.1) THE EXECUTIVE OFFICERS of the Asaocia~ion shall
be the President, a Vice”Preaide~t a Secretary -end a Teamire~,
all of whom shall be elected annually by and fron the loan of
Directors and who may be preemptorily removed by a majority vote
of tbe Directors at any meetings Any person may hol4 t~o or
t598~ 524
0~nss~s, 4lsarnsn~r4 e euc~a,~y, p, ~ e~ o, ~ sace F0R’C MW~5 F~.0rna~ *5505