HomeMy WebLinkAboutBack-Up DocumentsTHIS INSTRUMENT PREPARED BY
or under the supervision of, AND
AFTER RECORDING, RETURN TO:
Victoria Mendez, Esq.
City of Miami
Office of the City Attorney
444 SW 2nd Avenue
Suite 945
Miami, FL 33130
DECLARATION OF CONDOMINIUM
The City of Miami, a Florida municipal corporation, being the holder of title of record to the real
property situated, lying and being in Miami -Dade County, Florid e legal description of which
is attached hereto, and made a part hereof, and labeled Exhibit " _', hereby states and declares that
the land described on Exhibit "A" is submitted to condom' • ' ownership, and declared to be a
condominium known as REGATTA HARBOUR GA' • E CONDOMINIUM, pursuant to
Chapter 718, Florida Statutes, as amended from time t. e (hereinafter e "Act"), the provisions
of which act are hereby incorporated by reference.
All the restrictions, reservations, covenants conditio
easements contained herein shall
constitute covenants running with the land . able se des upon the land, as the case may
be, and shall run perpetually unless terminate. amend .rovided herein, and shall be binding
upon all unit owners as hereinaftered, . r n consi eration of receiving and by acceptance
of a grant, devise or mortgage 11 graitees, devisees or mortgagees, their heirs, personal
representatives, successors and igns, an [i all parties claiming by, through or under such persons,
agree to be bound by the provisions hereof, as well as by the by-laws and Articles of Incorporation
of the Association. Both the burdens iposed, and the benefits provided, shall run with each unit
and the interests in common property as$efined herein.
The real property, an
herewith is subject to con
and applicable zoning ordina
rove
n
is situated thereon, submitted to condominium ownership
itations, restrictions, reservations of record, real estate taxes
ARTICLE I: DEFINITIONS
Definitions of terms used in this declaration and its Exhibits, and as they may hereafter be
amended, are as follows:
A. "Act" or "Condominium Act" means the Florida Condominium Act (Chapter 718 of the
Florida Statutes), as amended from time to time.
B. "Articles" or "Articles of Incorporation" mean the articles of incorporation of the
Association.
C. "Assessment" means a share of the funds which are required for the payment of common
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expenses, which from time to time is assessed against the unit owner, as may be passed on
the respective lessee of such unit.
D. "Association" means the entity responsible for the operation of the condominium and such
entity shall, for the purpose of this condominium be REGATTA HARBOUR GARAGE
CONDOMINIUM ASSOCIATION, INC., a Florida corporation, not for profit.
E. "Association Property" means the property, real and personal, which is owned or leased
by, or is dedicated by a recorded plat to, the Association for the use and benefit of its
members.
F. "Board of Administration" or "Board" means the board of directors or other representative
body responsible for administration of the Association.
G. "Building" means the structure situated on the condo property in which the units
and common elements are located.
H. "By -Laws" mean the by-laws of the Associatig they are amended from time to time.
I. "Common Elements" means and includes:
1. The portions of the condomin included within the individual units.
2. The property and installations T ed •r the furnishing of utilities and other
services to more than one unit , the common elements, if any, as well as the
conduits, pipe dam, plumbin , w g and other facilities themselves.
3. Easements of support in every part of each unit which contributes to the support of
the improvement
4. The to
lements when used throughout this declaration, shall also
include li c• on elements, as defined in the Act.
The term Common Elements does not include conduits, pipe, ducts, plumbing, wiring, air
conditioning equipment or other facilities which service or apply to only one unit although
same may be located in the Common Elements.
J. "Common Expenses" means all expenses incurred by the Association for the repair,
replacement, maintenance, operation or protection of the condominium property, and any
other expense, whether or not included in the foregoing, designated as a common expense
by the Act, this declaration, the Articles or the By -Laws.
K. "Common Surplus" means the amount of all receipts or revenues, including assessments,
rents, or profits, collected by the Association which exceeds Common Expenses.
L. "Condominium Parcel" means a unit, together with the undivided share in the Common
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Elements appurtenant to the unit.
M. "Condominium" or "Condominium Property" means the lands, leaseholds, and personal
property that are subjected to condominium ownership, whether or not contiguous, and all
improvements thereon and all easements and rights appurtenant thereto intended for use in
connection with the condominium.
N. "Corporation" means the Association as defined above. Corporation and Association may
be interchangeable and shall have the equivalent definition.
O. "Declarant" means the CITY OF MIAMI, a municipal corporation of the State of Florida,
its successors and assigns. Declarant may assign all or a portion of its rights hereunder, or
all or a portion of such rights in connection with specific portions of the Condominium. In
the event of any partial assignment, the assignee shall n e deemed the Declarant, but
may exercise such rights of Declarant as are speci ly assigned to it. Any such
assignment may be made on a nonexclusive basis ights of Declarant under this
Declaration are independent of the Declarant ghts control the Board of the
Association, and, accordingly, shall not be de- • waived, transferred or assigned to the
Unit Owners, the Board or the Association the sfer of control of the Association.
P. "Declaration" or "Declaration of Condominiu eans the instrument(s) by which this
Condominium is created, as they are e to - amended.
Q. "Institutional Mortgagee" or "Mortga . V eans a bank, savings and loan association,
insurance company or uni4 pens n f authorized to do business in the United States
of America, an agency of e Unit�d Stat overnment, a real estate investment trust, or
a lender generally recognized ininmunity as an institutional type lender. The
mortgage may be aced throu h a mortgage or title company.
an
R. "Life Safety stems" m refer to any and all emergency lighting, emergency
generator, audio and visual signals, safety systems, sprinklers and smoke detection
systems, which are now or hereafter installed in the Building, whether or not within the
Units. All such Life Safety Systems, together with all conduits, wiring, electrical
connections and systems related thereto, regardless of where located shall be deemed
Common Elements hereunder. Without limiting the generality of the foregoing, when the
context shall so allow, the Life Safety Systems shall also be deemed to include all means
of emergency ingress and egress, which shall include all stairways and stair landings.
Notwithstanding the breadth of the foregoing definition, nothing herein shall be deemed to
suggest or imply that the Building or the Condominium contains all such Life Safety
Systems.
S. "Limited Common Elements" means those Common Elements which are reserved for the
use of a certain unit or units to the exclusion of all other units, as specified in this
Declaration.
T. "Operation" or "Operation of the Condominium" includes the administration and
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management of the Condominium Property.
U. "Parking Agreements" means the following agreements: (i) Lease Agreement between the
City of Miami ("City") and Grove Bay Development Group, LLC ("Grove Bay"), dated as
of October 24, 2013, a memorandum of which was recorded in Official Records Book
30763 Page 1681 of the Public Records of Miami -Dade County, Florida; (ii) Interlocal
Agreement between the City and the Department of Off -Street Parking d/b/a the Miami
Parking Authority ("MPA"), dated as of February 8, 2016; (iii) Grove Bay Parking
Facilities Agreement between the City, MPA and Grove Bay, dated as of February 8, 2016,
as amended by the First Amendment to Grove Bay Parking Facilities Agreement dated as
of February 15, 2019.
V "Special Assessment" shall mean and refer to a charge against each unit owner and his unit,
as may be passed on to the lessee of such unit, representin, . portion of the costs incurred
by the Association for specific purposes of a nonrecurri - ature.
W. "Unit" or "Condominium Unit" means those els o e Condominium Property
designated on the Exhibits attached to the D aration wh . .re subject to exclusive
ownership.
X. "Unit Owner" or "Owner of a Unit" or "Owne' r "Member" means a record owner of
legal title to a Condominium Parcel.
Y "Utility Service" as used in th. I eclarnd t - By -Laws attached hereto may include
but shall not be limited to ewer, s, hot and cold water, heating, refrigeration, air
conditioning, garbage . ewa_ is os. elephone and cable television service.
S . EY AN ► 1 E RIPTION OF IMPROVEMENTS
Attached hereto and mad- 'a reof as Exhibit "B" is a survey and graphic description of the
land and plot plans of thprovements constituting the Condominium, identifying the
Condominium Units, the Common Elements and the Limited Common Elements, their respective
location and approximate dimensions. The improvements on the land described will consist of two
(2) Units and the Common Elements depicted on Exhibit "B" to this Declaration.
A. Identification of Units. The Condominium consists of two (2) Units, designated as Units A
and B. Each such Unit is identified by a separate alphanumerical designation. The
designation of each Unit is set forth on Exhibit "B" attached hereto. Similarly, each area
constituting a Limited Common Element is identified by designation on said Exhibit "B."
The specific designation assigned to each Limited Common Element is the same
designation which has been assigned to the Unit to which each such Limited Common
Element is appurtenant. Said Exhibit "B", together with this Declaration, is sufficient in
detail to identify the size and location of each Unit, the Limited Common Element
appurtenant to the Unit, and the Common Elements.
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B. Boundaries of Units A and B.
1. The Owner(s) of Units A and B shall not be deemed to own the undecorated and/or
unfinished surfaces of the perimeter walls, floors and ceilings surrounding the
respective Unit, nor shall the Owner(s) be deemed to own the pipes, wires, conduits
or other public utility lines running through said respective Units, which are utilized
for or serve more than one Unit, which items have heretofore been made a part of
the Common Elements. Said Owner(s), however, shall be deemed to own the walls
and partitions which are contained in said Owner's respective Unit, and also shall
be deemed to own the inner decorated and/or finished surfaces of the perimeter
walls, floor and ceilings, including plaster, paint, wallpaper, mirrors, carpets,
flooring, tile, cabinetry, electrical fixtures, appliances, air conditioning and heating
equipment, water heaters, and the like.
2. Each Unit shall include that part of the Building retaining the Units which lies
within the following boundaries:
a. Upper and Lower Bounda �' s'The per and lower boundaries of Units
A and B shall be the folPowinoundaries extended to their planar
intersections with the .erimetrical boundaries.
i. Upper Bounda
unfinisi ceilin
nYal plane of the lower surface of the
ii. Lower Boundaiir - horizontal plane of the upper surface of the
unfinished floo
daries. The perimetrical boundaries of Units A and B
shall be th vertical plane of the unfinished interior surfaces of the walls
unding t�e Unit extended to their planar intersections with each other
the upper and lower boundaries.
ARTICLE III: OWNERSHIP, SHARE OF COMMON ELEMENTS, ALLOCATION OF
COMMON EXPENSES AND COMMON SURPLUS
A. Ownership. The fee title to each Condominium Parcel shall include both the Unit and the
undivided interest in the Common Elements, said undivided interest in the Common
Elements to be deemed to be conveyed or encumbered with its respective Unit. Any attempt
to separate the fee title to a Unit from the undivided interest in the Common Elements
appurtenant to each Unit shall be null and void.
B. Percentage Ownership. Each of the Unit Owners of the Condominium shall own an
undivided interest in the Common Elements and Limited Common Elements, and the
undivided interest of such ownership in the said Common Elements and Limited
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Common Elements is the percentage as set forth on Exhibit "C" which is attached to this
Declaration and made a part hereof, which is based on the total square footage of each
Unit in uniform relationship to the total square footage of each other Unit in the
Condominium.
C. Percentage Share. The Common Expenses and the Common Surplus of the Condominium
shall be shared by the Unit Owners as specified and set forth in Exhibit "C".
D. Specific Unit Owner Responsibility. Any expense for the maintenance, repair or
replacement relating to Limited Common Elements shall be paid by the Unit Owner having
exclusive use of such Limited Common Element. The Unit Owner shall be responsible for
all damages and costs should maintenance, repair or replacement of any Common Element
be necessitated by the negligence or misuse by a Unit Owner, his family, guests, servants,
employees and/or invitees.
ARTICLE IV: EASEME
A. Perpetual Non -Exclusive Easement in Com lements/Condominium Property. The
Common Elements and the Condominium pe hall be, and the same are hereby
declared to be, subject to a perpetual non-e easement which is hereby created in
favor of all of the Unit Owners in this Condom m for the use and benefit of such Unit
Owners and the use and benefit of th - • ogee ests and invitees, for all proper and
normal purposes, and for the furnis g o ► e and facilities for which same are
reasonably intended, includirtgp.witho tatio , for purpose of ingress, egress, repair
and maintenance, for installation f an•. aintenance of utility lines (such as water and
sewer collection and distribution lies ele 'cal power transmission lines, telephone lines,
cable television and other utility se and the like contained within the Common
Elements). A Unit Owner shall do nothing within or outside their Unit that interferes with
or impairs, or mad interfere r impair, the provision of such utility, communication
lines, or other utility servi • an the like or the use of these easements. These easements
shall run to th- -nefit of 1 owners, guests and invitees at REGATTA HARBOUR
GARAGE CON 1 ' I1 ► 4 M. Notwithstanding the foregoing provisions, the Association
shall have the right to , lish the Rules and Regulations governing the use and enjoyment
of all such Common Elements and pursuant to which the Owners of such Units may be
entitled to utilize same. The Association may impose upon the Common Elements
henceforth, and from time to time, such easement, licenses and cross -easements for any of
the foregoing purposes as it deems to be in the best interest of, and necessary for, the
uniform and proper operation of the Condominium.
B. Easement for Encroachments. In the event that: (i) any Unit shall encroach upon any
Common Element for any reason not caused by the intentional or negligent act of any such
Unit Owner(s) or their agent(s); (ii) any portion of the Common Elements shall encroach
upon any Unit for any reason not caused by the intentional act of the Unit Owner(s) or their
agent(s); or (iii) any encroachment shall hereafter occur as a result of (1) construction of
improvements; (2) settling or shifting of the improvements; (3) any alteration or repair to
the Common Elements made by or with the consent of the Association or the Declarant, as
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appropriate; or (4) any repair or restoration of any portion of the improvements or any Unit
after damage by fire or other casualty or any taking by condemnation or eminent domain
proceedings of any portion of any Unit or the Common Elements, then an easement shall
exist for the continuance of such encroachment and the maintenance of same so long as
such encroachment shall naturally exist. In like manner, in the event that any Unit shall
encroach upon any other Unit, an easement appurtenant to such encroaching Unit shall
exist for the continuance of such encroachment into the neighboring Unit, for so long as
such encroachment shall naturally exist.
C. Easement for Air Space/Support. The Owner of each Unit shall have an exclusive easement
for the use of air space occupied by such Unit as such Unit exists at any particular time,
and as said Unit may be lawfully altered or reconstructed from time to time. Further, each
Unit shall have an easement of support and of necessity and shall be subject to an easement
of support and necessity in favor of all other Units and thommon Elements.
D. Easement for the Public. An easement is created for pedestrian traffic over, through and
across sidewalks, paths, walks, waterways and lanes as the same may from time to time
exist upon the Common Elements, and for the vehicular traffic over, through and across
such portion of the Common Elements as mom tje to time be paved and intended for
such purposes.
E. Construction; Maintenance. The De t (inclu ng its designees, successors and
assigns) shall have the right, in its sole discretion from time to time, to enter the
Condominium Property for - air, replacement, maintenance or warranty purposes
provided same does no .nr. onably interfere with the reasonable use of the
Condominium Property the U Own
F. Additional Easements; Reloca , on. The Association, through its Board, shall have the right
to grant additional general an cific electric, cable television or other utility or service
easements, or modify or oca e any such existing easements in any portion of the
Condominium Property, a he Board shall deem necessary or desirable for the proper
operation and maintenance of the improvements, or for the purposes of carrying out any
provision of this Declaration, provided that such easements or the relocation of such
existing easements will not prevent or unreasonably interfere with the reasonable use of
the Condominium Property. The Declarant reserves the exclusive right to relocate the
position or configuration of any and all easements for ingress, utilities, drainage and other
services within the Condominium Property.
ARTICLE V: NAME
The name by which this Condominium is to be identified as: REGATTA HARBOUR
GARAGE CONDOMINIUM.
ARTICLE VI: ADMINISTRATION OF CONDOMINIUM BY ASSOCIATION
A. Powers and Duties. The Association shall be the entity responsible for the operation of the
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Condominium. A copy of the Articles and, By -Laws of the Association are attached hereto
as Exhibit "D" and Exhibit "E" respectively. The powers and duties of the Association shall
include those set forth in this Declaration, the By -Laws and Articles of Incorporation of
the Association, as all may be amended from time to time. In addition, the Association
shall have all the common law and statutory powers of a corporation not -for -profit under
the laws of Florida and the powers and duties set forth in the Condominium Act. All of the
powers and duties of the Association shall be exercised by the Board of Directors limited
only to the extent when specific Owner approval is required by law, this Declaration, the
By -Laws, or Articles of Incorporation. The powers and duties of the Association as
exercised by the Board of Directors shall include, but not be limited to the following:
1. The irrevocable right to have access to each Unit from time to time during
reasonable hours when necessary for pest control purposes or for the maintenance,
repair or replacement of any Common Elements any portion of a Unit to be
maintained by the Association pursuant to this Oclaration or at any time, and by
force, if necessary, to make emergency repair or torevent damage to the Common
Elements or to a Unit or Units.
2. The power to determine the expense • quire • or the opWation of the Association
and to make and collect regular and
Owners.
ssessments and other charges against
3. The duty to maintain accounting records accrding to good accounting practices,
which shall be open fo ' section by Owners or their authorized representatives at
reasonable times u
reque*
4. The power to ado ► - mend anorce rules and regulations concerning the details
of the operation and e of the Units, the Common Elements and Association
Prope
5. The po
Associatio
such exclusiv
e a fee for the exclusive use of Common Elements or
to any Owner being granted, by the Association, a right to
6. The power to acquire title to property (including purchasing Units at a foreclosure
sale); and to otherwise hold, regulate, administer, convey, lease, maintain, repair
and replace Association Property and Common Elements for the use and benefit of
its Members, including the right to grant, modify or move easements which are a
part of or cross Association Property and Common Elements.
7. The power to institute, settle or appeal actions or hearings on behalf of all Owners.
8. The power to execute all documents or consents on behalf of all Unit Owners (and
their Mortgagees) required by all government and/or quasi -governmental agencies
in connection with land use and development matters (including, without limitation,
plats, waivers of plat, unities of title, covenants in lieu thereof, etc.), and in that
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regard each Unit Owner, by acceptance of the deed to such Owner's Unit, and each
Mortgagee of a Unit, by acceptance of a lien on said Unit, appoints and designates
the President of the Association as such Owner's agent and attorney -in -fact to
execute any and all such documents or consents.
9. The power to contract with individuals or entities to operate various facilities or
services upon portions of the Common Elements or Association Property.
10. The power to operate, maintain, repair, and replace the Common Elements and the
Association Property.
11. The power to employ, dismiss and contract with personnel and independent
contractors necessary for the maintenance and operation of the Common Elements
and the Association Property.
12. The power to maintain bank accounts on behf of e Association and designating
the signatories required therefor.
13. The power to obtain insurance for t • ondo ium anssociation Property.
14. The power to make repairs, addition , d improvements to or alterations of
Common Elements and Association Prop and repairs to and restoration of
Common Elements and Association Prop , n accordance with the provisions of
this Declaration after . ge or destructioby fire or other event of damage, or as
a result of condem eminent domain proceedings or otherwise.
15. The power to le
Declaratio
16. The
indebte
owned by
and maintena
Owners and occupants for violations of this
s or the Association's reasonable rules.
m •ney, execute promissory notes and other evidences of
ive as security for mortgages security interests in property
cation, if any, in connection with the operation, care, upkeep
of the Common Elements and Association Property or for the
acquisition of property, if any sum borrowed by the Board of Directors on behalf
of the Condominium pursuant to the authority contained in this Section A.16 is not
repaid by the Association, a Unit Owner who pays to the creditor such portion
thereof as his interest in the Common Elements bears to the interest of all the Unit
Owners in the Common Elements shall be entitled to obtain from the creditor a
release of any judgment or other lien which said creditor shall have filed or shall
have the right to file against, or which will affect such Owner's Unit.
B. Limitation Upon Liability of Association. Notwithstanding the duty of the Association to
maintain and repair parts of the Condominium Property, the Association shall not be liable
to Unit Owners for injury or damage, other than for the cost of maintenance and repair,
caused by any latent condition of the Condominium Property. Further, the Association shall
not be liable for any such injury or damage caused by defects in design or workmanship or
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A. Membership. The
Association upon such 0
appurtenant undivided infest i
any other reason connected with any additions, alterations or improvements or other
activities done by or on behalf of any Unit Owners regardless of whether or not same shall
have been approved by the Association pursuant to Article XI hereof. The Association shall
not be liable to any Unit Owner or lessee or to any other person or entity for any property
damage, personal injury, death, or other liability on the grounds that the Association did
not obtain or maintain insurance (or carried insurance with any particular deductible
amount) for any particular matter where: (i) such insurance is not required hereby; or (ii)
the Association could not obtain such insurance at reasonable costs or upon reasonable
terms. Nothing herein shall be deemed to relieve the Association of its duty to exercise
ordinary care in the carrying out of its responsibilities nor to deprive the Unit Owners of
their right to sue the Association if it negligently or willfully causes damage to the Unit
Owners' property during the performance of the Association's duties.
C. Effect on Declarant. If the Declarant holds a Unit for e in the ordinary course of
business, none of the following actions may be taken out the prior written approval
of the Declarant: (i) assessment of the Decla a Unit Owner for capital
improvements; or (ii) any action by the Association th.. ould be detrimental to the
sales of Units by the Declarant; provided, however, that crease in Assessments
for Common Expenses without discrimination inst the P eclarant shall not be
deemed to be detrimental to the sales of Unit
ARTICLE VII: MEMBERSHIP ORPTION AND VOTING
Owner or O�ue
rs of a Un sha automatically become Members of the
uisition of an ownership Interest in any Unit and its
mon Elements and Limited Common Elements,
and the membership of such Owner or Owners in the Association shall terminate
automatically upo . such Ownev or Owners being divested of such ownership interest and
the title to suc it, regardless'of the means by which such ownership shall be divested.
No person, fi . or corporation ho`Iding any lien, mortgage or other encumbrance upon any
Unit shall be en -d by vi of such lien, mortgage or other encumbrance to membership
in the Association . o . of the rights or privileges of such membership.
B. Voting. Each Unit shall be entitled to cast the proportionate voting interest calculated in
accordance with such Units fractional or percentage share, as shown in Exhibit "C" to this
Declaration. The vote of a Unit shall not be divisible. All votes shall be cast in accordance
with the provisions set forth in the By -Laws of the Association.
ARTICLE VIII: BY-LAWS
The operation of the Association shall be governed by the By -Laws which are attached to this
Declaration and labeled Exhibit "E" and incorporated herein by reference. The By -Laws shall be
amended as provided therein.
ARTICLE IX: METHOD OF AMENDMENT
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A. General Amendments. Except for any alteration in the percentage of ownership in the
Common Elements or alteration of the basis for apportionment of assessments, which may
be levied by the Association in accordance with the provisions hereof, this Declaration may
be amended in the following manner:
1. By the Association. Amendments to this Declaration may be proposed by either the
Board of Directors of the Association acting upon a vote of the majority of the
Directors, or by not less than one-third (1/3) of the Members of the Association,
whether meeting as Members or by instrument in writing signed by them. Upon
any amendment or amendments to this Declaration being proposed by said Board
of Directors or Members, such proposed amendment or amendments shall be
transmitted to the President of the Association, or other officer of the Association
in the absence of the President, who shall thereupon include the proposed
amendments for consideration in the Notice for *e Annual Meeting, or call a
Special Meeting of the Members of the Association for a date not sooner than
twenty (20) days nor later than sixty (60) dayom receipt by him of the proposed
amendment or amendments, and it shall b duty of the Secretary to give to each
Member written or printed notice of meeting, stating the time and place
thereof, and reciting the propose. end ' • 1 t or amendments in reasonably
detailed form, which notice shall be '1: of less than fourteen (14) days, nor
more than sixty (60) days before the date or such meeting. If mailed, such notice
shall be deemed to be prope given wh- 'eposited in the United States mail,
addressed to the Member at hil Post Office address as it appears on the records of
the Association, the page thereon prepaid. At such meeting, the amendment or
amendments propo ed mu be aproved by an affimlative vote of a majority of
the Unit Owner esent a such eting in person or by proxy in order for such
amendment or a ments to me effective.
2. By the - clar. Ni•tthstanding anything contained herein, the Declarant
rese he right to en this Declaration and its Exhibits, without the consent of
the Uni , ners, e, -pt as required by the Act, so as to correct any omissions or
errors, inc . g vener's or surveyor's errors, so long as such amendments do
not materiall - ct the rights of Unit Owners or Mortgagees.
B. Mortgagee's Consent. No amendment to this Declaration shall be adopted which would
operate to affect the validity or priority of any mortgage held by an Institutional Mortgagee
or which would alter, amend or modify in any manner whatsoever, the rights, powers, and
privileges granted and reserved herein in favor of the Declarant or any Institutional
Mortgagees without the consent of the Declarant or all such Institutional Mortgagees, as
the case may be.
C. Execution and Recording. An amendment, other than amendments made by the Declarant
alone pursuant to the Act or this Declaration, shall be transcribed and certified by the
President and Secretary of the Association as having been duly adopted and the original,
or an executed copy, of such amendment(s) so certified and executed with the same
formalities as a deed, shall be recorded in the Public Records of Miami -Dade County,
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Florida, and such amendment(s) shall specifically refer to the recording data identifying
this Declaration. At any meeting held to consider such amendment(s), the vote of any Unit
Owner shall be recognized if such Unit Owner is represented thereat by limited proxy,
provided such vote is delivered to the Secretary of the Association at, or prior to, such
meeting.
D. Amendments with Respect to Percentage of Ownership in Common Elements. No
amendment to this Declaration which shall purport to alter in any way the basis for
apportionment of assessments shall be adopted or shall become effective without the
written consent, in recordable form, of all of the Unit Owners within this Condominium,
and all of their respective Mortgagees, first had and obtained, and then same shall not
become effective until an instrument evidencing such written consent is recorded among
the Public Records of Miami -Dade County, Florida.
ARTICLE X: MAINTENANCE ANDPAIRS
A. Unit and Limited Common Elements. All maintenance, repairs and replacements of, in or
to any Unit and the Limited Common Elements appurtenant thto, whether structural or
non-structural, ordinary or extraordinary, including, blibt not limitd to, maintenance, repair
and replacement of: the interior of the entrance door and all other doors within or affording
access to a Unit (except for the painting of the' exterior of any doors providing access to
the Unit, which shall be a Common Expense); the oiktrical (including fixtures, dimmers,
wiring and outlets), plumbing (including fixtures, 1pc pans, and connections), heating and
air-conditioning equipment (iaaLuding compresso s and condensers); all cabinetry and
fixtures, appliances, carpets and other floor coverings owned by the Owner of a Unit; all
interior surfaces and wallcoverings and entire interior of the Unit lying within the
boundaries of the Unit or the Limitecill1Prnmon Elements or other property belonging to
the Owner, shall be performed by the Owner of such Unit at the Owner's sole cost and
expense, except as may otherwi e expressly provided to the contrary herein. The Owner
shall also maintain, repair, . r. re ace, at his sole cost and expense, all hurricane shutter(s),
including such". • ion of t k. Common Elements, if any, to which the hurricane shutters
are attached. The . e all be obligated to repair any equipment, fixtures, wiring, or
other items of prope ich only serve the Owner's Unit without regard to whether such
items are included within the boundaries of the Unit.
B. Common Elements. Except to the extent expressly provided to the contrary herein (i.e., as
to Limited Common Elements, or fixtures, equipment or wiring located within the
Common Elements which only serve an individual Unit), all maintenance, repairs, and
replacements in or to the Common Elements shall be performed by the Association and the
cost and expense thereof shall be charged to all Owners as a Common Expense. However,
any expense or cost for maintenance, repairs, and replacements in or to the Common
Elements performed by the Association arising from or necessitated by the negligence,
misuse or neglect of a specific Owner(s) shall be paid solely by such Owner(s).
C. Failure to Maintain or Repair. In the event the Owner of a Unit fails to maintain or repair
the Unit and Limited Common Elements as required herein or makes any unauthorized
Declaration
12
additions, alterations or improvements or otherwise violates the provisions hereof, the
Association, without waiving its right to pursue all rights and remedies provided for in this
Declaration or by law, shall have the option to effectuate any such necessary maintenance
or repairs or to remove any unauthorized additions, alterations or improvements and the
right to do the necessary work to enforce compliance with the provisions hereof, at the Unit
Owner's sole cost and expense. Additionally, the Association or any other Unit Owner shall
have the right to proceed in a court of competent jurisdiction to seek compliance with the
provisions of this Declaration.
ARTICLE XI: ADDITIONS, ALTERATIONS, OR IMPROVEMENTS
A. By Unit Owner. No Owner shall cause or allow improvements or changes to any Unit or
the Limited Common Elements appurtenant thereto or to the Common Elements, including,
but not limited to, painting or other decorating of any 1ture; installing any electrical
wiring, television antenna, machinery or air-conditioning units; changing the appearance
of any portion of the Building, without obtaining the for written consent of the Board of
Directors in the manner specified herein. Any ests for electrical, mechanical and
structural additions, alterations and improvem
and sealed by the appropriate licensed pr
Owner shall be responsible for any fees an
professionals such as engineers, architects or a
request by an Owner to proceed with , ...: ition, a
Directors shall have the obligation to .i swer an
must be submitted with plans prepared
.e., archct, engineer, etc.). The
curred by the Association in hiring
eys as may be necessary to review any
tion or improvement. The Board of
n request by an Owner for approval
of such an addition, alteration • provement with nn forty-five (45) days after such request
and any additional inform n rejuested by the Board of Directors is received, and the
failure to do so within stipulated time shall constitute the Boards consent. The Board
may condition the app .1anyimer, including, without limitation, retaining
approval rights of •n . •r to perform the work. Depending upon the nature of the
alteration, addi ' or i .ve _ t, the Board of Directors in its sole discretion shall have
the authority equire the wne to execute an agreement and covenant running with the
land as a condi to obtai g approval.
Any approved additi • alterations and improvements shall be made in compliance with
all laws, rules, ordinances and regulations of all governmental authorities having
jurisdiction, and with any conditions improved by the Board of Directors with respect to
design, structural integrity, aesthetic appeal, construction details, and lien protection or
otherwise. An Owner making any such additions, alterations or improvements, and his
heirs, personal representatives, successors and assigns, as appropriate, shall be deemed to
have agreed to hold the Declarant, the Association, its officers, directors, agents, employees
and members and all other Unit Owners harmless from and to indemnify them for any
liability or damage to the Condominium Property arising from the installation or
construction of the addition, alteration or improvement and expenses arising therefrom,
and shall be solely responsible for the maintenance, repair and insurance thereof as may be
required by the Association. Neither the Declarant, the Association, nor any of its officers,
directors, agents, employees, members, or attorneys shall be liable to any Owner or any
other person by reason of mistake in judgment, failure to point out or correct deficiencies
Declaration
13
in any plans or other submissions, negligence, or any other misfeasance, malfeasance or
nonfeasance arising out of or in connection with the approval or disapproval of any plans
or submissions. Anyone submitting plans hereunder, by the submission of same, agrees not
to seek damages from the Declarant and/or the Association arising out of the Association's
review of plans hereunder. Without limiting the generality of the foregoing, the Association
shall not be responsible for reviewing, nor shall its review of any plans be deemed approval
of any plans from the standpoint of structural safety, soundness, workmanship, materials,
usefulness, conformity with building or other codes or industry standards, or compliance
with governmental requirements. Further, each Owner, including his successors and
assigns, agrees to hold the Declarant and the Association harmless from and against any
and all cost, claims (whether rightfully or wrongfully asserted), damages, expenses or
liabilities whatsoever (including, without limitation, reasonable attorneys' fees and court
costs at all trial and appellate levels), arising out of any review of plans hereunder.
Notwithstanding anything in this Article to the contrary, Board of Directors shall not
refuse to approve the installation or replacement of hu ane shutters conforming to the
specifications adopted by the Board of Directors, ' are so adopted. The Board of
Directors may appoint an Architectural Contro ommittee to assume the foregoing
functions on their behalf. The provisions of t . aragraph shall not be amended without
an affirmative vote of four- fifths (4/5) of t - .tal v• ' g interests in the Condominium.
No Unit Owner shall make any additions, alte ns or improvements to the Life Safety
Systems, and/or to any other porno e Condoniiinium Property which may alter or
impair the Life Safety Systems or acc s to the Life SaTety Systems, without first receiving
the prior written approval of
combination thereof shall
any door on which pan
shall not be altered or
the free moveme
passageways.
Board. In that regard, no lock, chain or other device or
nstatted or maintained at any time on or in connection with
ardware or fire exit hardware is required. Emergency signage
ved by any Unit Owner whatsoever. No barrier shall impede
nd egress to and from all emergency ingress and egress
Any Unit Owne o proc- s with an approved addition, alteration or improvements shall
do it at their sole n d • ense. In the event it is necessary for the Association to remove
an addition, alteratio improvement installed by an Owner in the course of performing
repairs or maintenance to any portion of the Condominium required to be maintained or
repaired by the Association, the Owner shall be responsible for the cost of removal and
replacement of such addition, alteration and improvement. Under no circumstances shall
the Association be responsible for any damages to any such addition, alteration or
improvement caused by the Association or its agents or employees in connection with the
performance of any maintenance, repairs or replacements of any portion of the
Condominium required to be maintained by the Association.
Owners shall be held strictly liable for any violations of the restrictions set forth in this
Article and for all damages resulting therefrom. The Association, in addition to all other
rights and remedies provided by law and this Declaration shall have the right to require the
immediate removal of any alterations, additions, or improvements in violation of this
Article.
Declaration
14
B. By Declarant. Notwithstanding anything to the contrary, the foregoing restrictions in this
Article shall not apply to Declarant -owned Units. The Declarant shall have the additional
right, without the consent or approval of the Board or other Unit Owners, to make
alterations, additions or improvements, structural and non-structural, interior and exterior,
ordinary and extraordinary, in, to and upon any Unit owned by it (including, without
limitation, the removal of walls, floors, ceilings and other structural portions of the
improvements) so long as the Declarant complies with Section 718.110(2), (4), and (8),
Florida Statutes.
C. By Association. Whenever in the judgment of the Board of Directors the Common
Elements, Association Property or any part thereof shall require additions, alterations or
improvements (as distinguished from repairs and replacements) costing in excess of one
hundred thousand dollars ($100,000) in the aggregate in an,alendar year, the Association
may proceed with such additions, alterations or improvements upon the approval of a
majority of the voting interests represented at a meeting at which a quorum is attained. Any
such additions, alterations or improvements to the Common Elements, Association
Property or any part thereof costing in the aggregate one hundred thousand dollars
($100,000.00) or less in a calendar year may be ma by the Board of Directors without
Sp
approval of the Owners. The cost and expense any such additions, alterations, or
improvements shall constitute a part of the Common Expenses and shall be assessed to the
Owners. Notwithstanding anything in thisragraph t the contrary, changes to the exterior
or interior color scheme of the Building shall not be demed an alteration or improvement
requiring Owner approval. Acaarclingly, changes in color to interior or exterior surfaces,
including, but not limited to, paint, wal� apered, carpeted, or hard floor surfaces, may be
authorized by the Board of Direct rs wit�t Owner approval even if the cost associated
with such changes exceeds one hundred 1)6usand dollars ($100,000.00) in a calendar year.
For purposes of th. Paragra "aggregate in any calendar year" shall include the total debt
incurred in thear if such t is incurred to perform the above stated purposes,
regardless of , ether the rent of any part of that debt is made beyond that year.
XII: LIENS AND ASSESSMENTS
A. Determination of Common Expenses and Fixing of Assessments Thereof. The Board of
Directors shall, at least annually, prepare a budget for the Condominium ("Budget"),
determine the amount of Assessments payable by the Owners to meet the Common
Expenses of the Condominium and allocate and assess such expenses among the Owners
in accordance with the provisions of this Declaration and the By -Laws. The Budget shall
include reserve accounts to the extent required by law unless waived or reduced by the
Owners in accordance with the Act. Notice of the Board of Directors' meeting at which the
Budget for the fiscal year will be adopted, along with a copy of the proposed Budget, shall
be furnished to all Owners at least fourteen (14) days prior to said meeting. The Board of
Directors shall have the authority to amend the Budget from time to time or to impose
Special Assessments if the operating Budget is insufficient to meet the actual expenses at
any time. Incidental income to the Association, if any, may be used to pay regular or
extraordinary Association expenses and liabilities, to fund reserve accounts, or otherwise
Declaration
15
as the Board of Directors shall determine from time to time and need not be restricted or
accumulated.
"Common Expenses" shall include all expenses and Assessments properly incurred by the
Association, including, but not limited to: (1) expenses of administration and management
of the Association; (2) expenses of maintenance, operation, protection, repair and
replacement of the Common Elements and Association Property, including, but not limited
to, the costs for additions, alterations and improvements effectuated in accordance with the
provisions of this Declaration; (3) expenses declared Common Expenses by the provisions
of this Declaration, the By -Laws and the Condominium Act; (4) any valid charge against
the Condominium as a whole; (5) the costs of carrying out the powers and duties of the
Association; (6) the costs of operating or subsidizing facilities, amenities and services for
the benefit of the Owners. Common Expenses shall also include insurance for directors and
officers and operation expenses.
Ale
B. Liability for Assessments. An Owner, regardless of how title is acquired, including a
purchaser at a judicial sale, shall be liable for all Assessments corning due while that person
is the Owner of a Unit. In the case of a voluntary conveyance, the grantee shall be jointly
and severally liable with the grantor for all unpaid A ssments against the grantor for the
share of the Common Expenses up to the time of t onveyance, without prejudice to any
right the grantee may have to recover from the g ntor the amounts paid by the grantee.
The liability for Assessments may n• •'ded aiver of the use or enjoyment of any
Common Elements or by the abandon t o ► i or which the Assessments are made
or otherwise.
-"I
C. Institutional Mortgagee. A first Mortgag- who acquires title to a Unit by foreclosure or
by deed in lieu of foreclosure is liable to the share of Common Expenses, Assessments
and Special Assessments or other charges imposed by the Association pertaining to such
Unit that became due prior to the Mortgagee's receipt of the deed. However, such liability
is limited to the lesser of: hosIPPAssessments which accrued or came due during the six
(6) months im � . tely pr: ding the acquisition of title and for which payment in full has
not been receivethe ssociation; or (ii) one percent (1%) of the original mortgage
debt. The first Mortg.., - s liability for such expenses or assessments does not commence
until thirty (30) days after the date the first Mortgagee takes title to the Unit. The provisions
of this paragraph apply only if the first Mortgagee joined the Association as a defendant in
the foreclosure action. Joinder of the Association is not required if, on the date the
complaint is filed, the Association was dissolved or did not maintain an office or agent for
service of process at a location which was known to or reasonably discoverable by the
Mortgagee.
A first Mortgagee acquiring title to a Unit as a result of foreclosure, or a deed in lieu of
foreclosure, may not, during the period of its ownership of such Unit, whether or not such
Unit is unoccupied, be excused from the payment of some or all of the Common Expenses
coming due during the period of such ownership. If any unpaid share of Common Expenses
or Assessments or other charges is extinguished by foreclosure of a superior lien or by a
deed in lieu of foreclosure thereof, the unpaid share of Assessments are Common Expenses
Declaration
16
collectible from all of the Owners, including such acquirer, and such acquirer's successors
and assigns.
D. Default in Payment of Assessments for Common Expenses. Assessments and installments
thereof not paid within ten (10) days from the date when they are due shall bear interest at
the highest lawful rate from the date due until paid. In addition to the above stated interest,
the Association may charge an administrative late fee in an amount not to exceed the
highest amount provided for in the Act (as it may be amended from time to time) on
Assessments and installments thereof not paid when due. All payments upon account shall
be first applied to interest, then to any administrative late fee, then to any costs and
reasonable attorneys' fees incurred in collection and then to the Assessment. The foregoing
method of applying payments shall be applicable notwithstanding any restrictive
endorsement, designation, or instruction placed on or accompanying a payment. Further,
the Association shall have a lien on each Condominium Pa -1 for any unpaid Assessment,
administrative fee, interest and all attorneys' fees for th, •llections thereof. The claim of
lien shall not be released until all sums secured by it other amount as to which the
Association shall agree by way of settlement) ha een •aid or until it is barred by
law. The claim of lien shall secure (whether or stated therall unpaid Assessments,
interest thereon, and costs and attorneys' fees whi* are due and which may accrue
subsequent to the recording of the claim of lien and prior to the entry of a final judgment
of foreclosure. A claim of lien must be signed and acknowledged by an officer or agent of
the Association. Upon payment, the person -making 41Kpayment is entitled to a satisfaction
of the lien in recordable form. The Association ma)ib ng an action in its name to foreclose
a lien for unpaid Assessments a manner a mor age of real property is foreclosed and
may also bring an action at law toecover a money judgment for the unpaid Assessments
without waiving any claim of lien. The Association is entitled to recover its reasonable
attorneys' fees incurred in either a lieieclosure action or an action to recover a money
judgment for unpaid Assessm ts. Except as otherwise provided in the Act, no lien may
be filed by the Association au
t a Unit until thirty (30) days after the date on which a
notice of intent to file a lien as en delivered to the Unit Owner by registered or certified
mail, return receipt request , and by first-class United States mail to the Unit Owner at
his or her last address as reflected in the records of the Association, if the address is within
the United States, and delivered to the Unit Owner at the address of the Unit if the Unit
Owner's address as reflected in the records of the Association is not the Unit address. If the
address reflected in the records is outside the United States, sending the notice to that
address and to the Unit address by first-class United States mail is sufficient. Delivery of
the notice shall be deemed given upon mailing as required by this Paragraph.
1. Acceleration. As an additional right and remedy of the Association, upon filing a
claim of lien, the Association may declare the Assessment installments for the
remainder of the budget year to be accelerated and such amount shall thereupon be
immediately due and payable. In the event the amount of such installments changes
during the period for which Assessments were accelerated, the Unit Owner or the
Association, as appropriate, shall be obligated to pay or reimburse to the other the
amount of increase or decrease within ten (10) days of same taking effect.
Declaration
17
2. Appointment of Receiver to Collect Rental. If the Owner remains in possession of
the Unit and the claim of lien is foreclosed, the court in its discretion may require
the Unit Owner to pay a reasonable rental for the Unit and the Association is entitled
to the appointment of a receiver to collect the rent. The expenses of such receiver
shall be paid by the party which does not prevail in the foreclosure action.
E. Certificate of Unpaid Assessments. Within fifteen (15) days after request of an Owner or
Mortgagee of a Unit, the Association shall provide a certificate stating whether all
Assessments and other moneys owed to the Association by the Owner with respect to his
Unit have been paid. Any person other than the Unit Owner who relies upon such certificate
shall be protected thereby.
F. Installments. Regular Assessments may be collected monthly or quarterly, in advance,
at the option of the Association from time to time.
G. Limits on Rights or Responsibilities of Mortgagees. thing herein shall abridge or limit
the rights or responsibilities of Mortgagees o ondominium Unit as set forth in
greater detail in the statutes made and provi . ' or same.
H. Liens. No liens of any nature may be c
Declaration against the Condominium Prop
individuals Units) except with the
Unit Owner has expressly requested
being furnished to his Unit • less ► was
failure to maintain his i
materials may not be t
or materials furnished
unless authorize
filing of a lie
liable for C
sequent to the recording of this
as a whole (as distinguished from
ent of the Unit Owners. Unless a
o ork being performed or materials
one on account of the Unit Owner's
s provided for in Article X, such labor or
of a lien against same. No labor perfornled
lements shall be the basis for a lien thereon
ciation, in which event same may be the basis for the
in the proportions for which the Owners thereof are
ICLE XIII: INSURANCE
The insurance which shall be carried upon the Condominium Property and the property of the
Unit Owners shall be as may be required from time to time by the City of Miami Department
of Risk Management.
ARTICLE XIV: RECONSTRUCTION OR REPAIR AFTER PROPERTY DAMAGE
A. Determination to Reconstruct or Repair. If any part of the Condominium shall be damaged
by an event of damage, whether or not it shall be reconstructed or repaired shall be
determined in the following manner.
1. Common Elements. If the damaged improvement is a Common Element, the
damaged property shall be reconstructed or repaired, unless it is determined
pursuant to the terms of the Act that the Condominium shall be terminated.
Declaration
18
2. Certificate. The Insurance Trustee may rely upon a certification of the Association
made by its President and Secretary to determine whether or not the damaged
property is to be reconstructed or repaired.
B. Plans and Specifications. Any reconstruction or repair must be substantially in accordance
with the plans and specifications for the original buildings and then applicable building and
other codes, or if not, then according to plans and specifications approved by the Board of
Directors of the Association; and if the damaged property is a group of Units, by not less
than seventy-five percent (75%) of the Owners of Units.
C. Responsibility. If the damage is only to those parts of one Unit for which the responsibility
of maintenance and repair is that of the Unit Owner, then the Unit Owner shall be
responsible for reconstruction and repair after the event o mage. In all other instances,
the responsibility of reconstruction and repair after the t of damage shall be that of the
Association.
D. Estimate of Costs. Immediately after a dete ' ation is m�to reconstruct or repair
damage to property for which the Associati • as th= esponsib ty of reconstruction and
repair, the Association shall obtain reliable a -t- d estimates of the costs to reconstruct
or repair such property.
E. Assessments. The amount by which an award of insurance proceeds to the Insurance
Trustee is reduced on accountdeductible clause in an insurance policy shall be assessed
against all Unit Owners in prop ion to their share in the Common Elements. If the
proceeds of such Assessments and f the insurance are not sufficient to defray the estimated
costs of reconstruction and repair by the Association, or if at any time during reconstruction
and repair the funds for the pyment of the costs of reconstruction and Unit repair are
insufficient, Assessments shall be made against the Unit Owners in the case of damage to
Common Elements in sufficientYmounts to provide funds for the payment of such Unit
costs. Such Assessments agiinst Unit Owners for damage to Units shall be in proportion
to the cost of reconstruction or repair of their respective Units. Such Assessments on
account of damage to'Common Elements shall be in proportion to each Unit Owner's share
in the Common Elements.
F. Construction Funds. The funds for payment of costs of reconstruction and repair after an
event of damage, which shall consist of proceeds of insurance held by the Insurance Trustee
and funds collected by the Association from Assessments against Unit Owners, shall be
disbursed in payment of such costs in the following manner:
1. Association. If the total assessments made by the Association in order to provide
funds for payment of costs of reconstruction and repair which is the responsibility
of the Association is more than ten thousand dollars ($10,000.00), then the sums
paid upon such Assessments shall be deposited by the Association with the
Insurance Trustee. In all other cases, the Association shall hold the sums paid upon
such Assessments and discharge same in payment of the costs of reconstruction and
Declaration
19
repair.
2. Insurance Trustee. The proceeds of insurance collected on account of an event of
damage and the sums deposited with the Insurance Trustee by the Association from
collection of assessment against Unit Owners on account of such event of damage
shall constitute a construction fund which shall be disbursed in payment of the costs
of the construction and repair in the following manner:
a. Association: Lesser Damage. If the amount of the estimated costs of
reconstruction and repair which is the responsibility of the Association is
less than five thousand dollars ($5,000.00), then the construction fund
shall be disbursed in payment of such costs upon the order of the
Association; provided, however, that upon request to the Insurance
Trustee by a Mortgagee which is a benefi •iry of an insurance policy, the
proceeds of which are included in the - struction fund, such fund shall
be disbursed in the manner hereaft ded for the reconstruction and
repair of major damage.
b. Association: Major Damaf th mount . the estimated costs of
reconstruction and repair w ich i e a responsibility of the Association is
five thousand dollars ($5,000.`00) or more, then the reconstruction fund
shall be disbursed irent of suc costs in the manner required by the
Board of Directors oi�e AAssociati and upon approval of an architect
qualified totice orida and employed by the Association to
supervise
c. Unit Owner. The portion of insurance proceeds representing damage for
which the responsibility of reconstruction and repair lies with a Unit
4 Owner shall be paid by the Insurance Trustee to the Unit Owner, or if
there is a rtg ge encumbering such Unit, then to the Unit Owner and
the Mortgagee jointly.
d. Sur It shall be presumed that the first monies disbursed in payment
of costs of reconstruction and repair shall be from insurance proceeds. If
there is a balance in a construction fund after payment of all costs of the
reconstruction and repair for which the fund is established, such balance
shall be distributed to the beneficial owners of the fund in the mamler
elsewhere stated; except, however, that the part of a distribution to a
beneficial owner which is not in excess of Assessments paid by such
owner into the construction fund shall not be made payable to any
Mortgagee.
e. Certificate. Notwithstanding the provisions herein, the Insurance Trustee
shall not be required to determine whether or not sums paid by the Unit
Owners upon Assessments shall be deposited by the Association with the
Insurance Trustee, nor to determine whether the disbursements from the
Declaration
20
construction fund are to be upon the order of the Association or upon
approval of an architect or otherwise, nor whether a disbursement is to be
made from the construction fund, nor to determine whether surplus funds
to be distributed are less than the Assessments paid by Owners. Instead,
the Insurance Trustee may rely upon a certificate of the Association, made
by its President and Secretary, as to any or all of such matters and stating
that the sums to be paid are due and properly payable, and stating the
name of the payee and the amount to be paid provided that when a
Mortgagee is herein required to be named as payee, the Insurance Trustee
shall also name the Mortgagee as a payee of any distribution of insurance
proceeds to a Unit Owner; and further provided the when the Association
or the Mortgagee which is the beneficiary of an Insurance policy, the
proceeds of which are included in the construction funds, so requires, the
approval of an architect named by the A ciation shall first be obtained
by the Association before disburs is in payment of costs of
reconstruction and repair.
ARTICLE XV: TA I'ION
A. Common Elements. For the purpose of ad va ation, the interest of the Owner of a
Condominium Parcel in his Unit and in the Co on Elements appurtenant to such Unit
shall be considered as a unit. The va aid un all be equal to the percentage share
of undivided shares in Common Elem nts of th to e Condominium, including land and
improvements as has been as ' • m ed to said Unit IK "C" of this Declaration. The
total of all of said percenta
land and improvements
one ndred percent (100%) of the value of all of the
B. Amendments. Th enta_ assigned above shall be binding upon all Owners for all
purposes, inclu• ad valore ation, at all times in the future, and may not be amended
or changed e in this Declaration.
ARTI TERMINATION OF CONDOMINIUM
Termination of Condominium. Termination of the Condominium shall be governed by the terms
of Section 718.117, Florida Statutes, or any successor provision.
ARTICLE XVII: FAILURE TO COMPLY WITH CONDOMINIUM DOCUMENTS
A. Compliance and Default. The Association, each Unit Owner, occupant of a Unit and other
invitee of a Unit Owner shall be governed by and shall comply with the provisions of this
Declaration of Condominium, and the Articles of Incorporation and By -Laws of the
Association, and its Rules and Regulations as any of the same are now constituted or as
they may be adopted and/or lawfully amended from time to time. Failure by the Owner of
a Unit to comply with such documents shall entitle the Association or the Owners of other
Units to the following relief in addition to the remedies provided by the Act:
Declaration
21
1. Compliance. Failure to comply with any of the terms of this Declaration of
Condominium or other restrictions and regulations contained in the Articles of
Incorporation or By -Laws of the Association, or its Rules and Regulations, shall be
grounds for relief which may include, without limiting the same, an action to
recover sums due for damages, injunctive relief, foreclosure or lien as provided in
Article XII or any combination thereof. Additionally, the Association shall have the
right to proceed in equity to require performance and/or compliance, to impose any
applicable fines, to sue in a court of law for damages, to make a special charge
against the Unit Owner and the Unit for sums necessary to do whatever work is
required to put the Unit Owner, or Unit, in compliance; provided, however, that
nothing contained in this Article shall authorize the Association to enter a Unit to
enforce compliance.
The Association may levy reasonable fines again4 a Unit for the failure of the
Owner of the Unit, or its occupant, licensee, or invitee, to comply with any
provision of this Declaration, the Associatio y-Laws, or Rules and Regulations
of the Association. No fine will become a 'i against a Unit. No fine may exceed
$100 per violation. However, a fine maybe levied on the basis of each day of a
continuing violation, with a single notice andpportunity for hearing, provided that
no such fine shall in the aggregate exceed $I, i00.00. No fine may be levied except
after giving reasonable notice and opportunity for a hearing to the Unit Owner and,
if applicable, its licensee or invite e heari g must be held before a committee
of other Unit Owners who are neithe * mmbers nor partners or employees of
Board members. If the mitt -.a- -s no . gree with the fine, the fine may not be
levied.
2. Negligence. A Unit Owner an tenant of a Unit shall be liable for the expense of
any maintance, repaior replacement made necessary by his negligence or by
that of . ember of his family or his or their guests, employees, agents, invitees,
or les. - , but only °• theextent that such expense is not met by the proceeds of
insuran tually c . lected in respect of such negligence by the Association.
3. No Waiver o _ t b Association. The failure of the Association or of the Owner
of a Unit to enforce any right, provision, covenant or condition which may be
granted by this Declaration of Condominium or other above -mentioned documents
shall not constitute a waiver of the right of the Association or of the Owner of a
Unit to enforce such right, provision, covenant or condition in the future.
4. No Waiver of Right by Declarant. The failure of the Declarant to enforce any right,
privilege, provisions, covenant or condition which may be granted to it by this
Declaration of Condominium or the above -mentioned documents shall not
constitute waiver of the right to thereafter enforce such right, privilege, provisions,
covenant or condition in the future.
5. Rights are Cumulative. All rights, remedies and privileges granted to the
Association or the Owner of a Unit pursuant to any terms, provisions, covenants or
Declaration
22
conditions of this Declaration of Condominium or other above -mentioned
documents, shall be deemed to be cumulative, and the exercise of any one or more
shall not be deemed to constitute an election of remedies or privileges as may be
available to such party at law or in equity.
B. Equitable Relief. In the event of substantial damage to, or destruction of, all or a substantial
part of the Condominium Property, and in the event the property is not repaired,
reconstructed or rebuilt within a reasonable period of time, any Unit Owner shall have the
right to petition a court of equity in Miami -Dade County, Florida, for equitable relief,
which may, but need not necessarily, include a termination of the Condominium and
partition.
ARTICLE XVIII: OCCUPANCY AND USE RESTRICTIONS
In order to maintain a community of congenial owners who are financially responsible and thus
protect the value of the Units and provided this Article sh not be used to permit or sanction
unlawful discrimination or other violation of laws; the us df the Condominium Property shall be
restricted to and shall be in accordance with the follo provisions:.
A. Occupancy Restrictions. The restrictions in f wing paragraphs numbered "1" "2"
and "3" of this Subparagraph A shall not be ap ble to Units held by the Declarant:
1. Occupants. Each Unit may be ed oifimercial use or public use permitted
by applicable law, whi Luse m. or-pr• it or not -for -profit, by the Unit Owner,
and its customers, invit s, t .nts, licensees, concessionaires, subtenants,
sublicenses and sub-conces ionair: -xcept as otherwise expressly provided herein,
and in accordance,witli all applicable city, county and state codes, ordinances and
regulation
2. Use.
fiducia
Declaratio
nedor leased by a corporation, partnership, trust or other
wner shall be subject to the lease restrictions in this
3. Lessees. Unless otherwise determined by the Board of Directors of the Association,
a person(s) occupying a Unit for more than one (1) month without the Owner being
present shall not be deemed a guest but, rather, shall be deemed a lessee for
purposes of this Declaration (regardless of whether a lease exists or rent is paid)
and shall be subject to the provisions of this Declaration which apply to lessees.
The purpose of this Paragraph is to prohibit the circumvention of the provisions and
intent of this Article requiring the Association's approval of all lessees.
B. Use Restrictions. The Unit Owner shall not permit or suffer anything to be done or kept in
his Unit which will increase the rate of insurance on the Condominium Property, or which
will obstruct or interfere with the rights of other Unit Owners or annoy them by
unreasonable noises or otherwise; nor shall the Unit Owner commit or permit any nuisance,
immoral or illegal act in or about the Condominium Property.
Declaration
23
1. Nuisances. No nuisances shall be allowed upon the Condominium Property, nor
shall any use or practice that is the source of annoyance to other Unit Owners or
which interferes with the peaceful possession and proper use of the property by its
Unit Owners be permitted. All parts of the Condominium shall be kept in a clean
and sanitary condition, and no rubbish, refuse or garbage allowed to accumulate
nor any fire hazard allowed to exist. Hazardous or flammable materials shall not be
kept in any storage facilities located within the Condominium, if any.
2. Toxic of Noxious Matter. No person shall discharge into the Condominium
Property's and/or Common Areas sewer system or storm drain any toxic or noxious
matter in such concentrations as to be detrimental to or endanger the public health,
safety, welfare, violate any law, subject any Owner or occupant to liability under
state and federal law for any clean-up or cause iiry or damage to neighboring
property or business elsewhere on the property.
3. No Improper Uses. No improper, offens !hazardous or unlawful use shall be
made of the Condominium Property or part thereof, and all valid laws, zoning
ordinances and regulations of all go i men bodies having jurisdiction shall be
observed. Violations of laws, order , 1: regulations, or requirements of any
governmental agency havin jurisdi. , relating to any portion of the
Condominium Property, shal ecte. . and at the sole expense of the party
violating any such provisions.
4. Noise. No Owner mator ► it any disturbing noises in the Condominium
or Common A by hself his employees, agents, visitors, lessees or
licensees, nor pe a ccilMirry such persons that will interfere with the rights,
comforts o veniencs of other Unit Owners. No Owner shall play or permit to
be pla any musica'nstrument, nor operate or permit to be operated a
phon , •h, television, r io, sound amplifier or other electronic equipment in a
Unit in a manner as to disturb or annoy other Unit Owners.
5. Common Ele s. No person shall use the Common Elements, or any part thereof,
or a Unit, or the Condominium Property, or any part thereof, in any manner contrary
to or not in accordance with such Rules and Regulations pertaining thereto, as from
time to time promulgated by the Association. No Owner shall permit any use of his
Unit or make any use of the Common Elements that will increase the cost of
insurance upon the Condominium Property.
6. Access and Use. The rights of access and use established with respect to the
Condominium Property shall be subject to security checks and restrictions. In the
event the Association hires security personnel, such personnel shall have the right
to stop and question persons and to require satisfactory evidence of any such
person's right to be where such person is stopped. Persons not establishing such
rights to the satisfaction of the security personnel may be required to leave the
Condominium Property.
Declaration
24
7. Condominium Property. The entrances, passages, vestibules, halls and like portions
of the Common Elements shall not be obstructed nor used for any purpose other
than the ingress and egress to and from the Condominium Property; nor shall any
carts, carriages, or any other similar objects be stored therein. The personal property
of Owners must be stored in their respective Units.
8. Storage. No equipment, materials or other items shall be kept or stored in any
common area of the Condominium.
9. Signs, Advertisements, and Notices. No Unit Owner shall show signs,
advertisements, or notices of any type on the Common Elements and no Unit Owner
shall show signs, advertisements, or notices of any type in his Unit or within his
Unit which said signs, advertisements, or notices visible from the exterior of
the Unit without the prior written consent of the sociation.
10. Hurricane Preparation. An Owner who s to bsent during the hurricane
season must prepare his Unit prior to , departure esignating a responsible
firm or individual to care for his Un ould - Unit su er hurricane damage and
furnishing the Association with the n. - such firm(s) or individual(s).
11. Drainage. There shall be no i - ce w . e established drainage pattern over
the property unless an adequa, alter - •vision is made for proper drainage
with the prior written Koval , Asso iation. No Owner shall dispose of any
hazardous materials in any )drain If such Owner fails to maintain such drainage
and, as a result, ' inent dan er • amage to person or property may result to the
other Owners, th e Associ shall have the right of access onto such area for
the purpos- ear debris and other material so as to not impede the flow of
water. ► rig of ac shall be exercised only for the purpose of preventing
damapr perty and the Association shall use reasonable care so as
to not c. -any dai ge to such areas. The Owner shall reimburse the Association
for any co d .enses incurred in clearing such debris.
12. Parking. No vehicles of any nature shall be parked on any portion of the Property
except on a surfaced parking area or in an area designated as a parking space as
shown on Exhibit "B" attached hereto.
13. Association Employee. No Owner shall interfere with or direct any employees of
the Association. Employees of the Association are not to be utilized for personal
errands. The Board of Directors shall be solely responsible for directing and
supervising employees of the Association, except to the extent such responsibility
may be delegated to the Association's manager.
14. Access by Association. The Association may retain a pass -key to all Units. No
Owner shall alter any lock, or install a new lock, without the prior written consent
of the Board of Directors, or, in the event of emergency, without delivering a key
Declaration
25
to the Association promptly thereafter. Where such consent is given, the Owner
shall provide the Association with an additional key.
15. Assessments. Every Unit Owner shall promptly pay the Assessments levied by
the Association.
16. Maintenance. Every Unit Owner shall maintain to a clean and sanitary manner
and repair his Unit and all interior surfaces within or surrounding his Unit (such
as the surfaces of the walls, ceilings, floors, etc.) whether or not part of the Unit
or the Limited Common Elements which are appurtenant to the Unit and
maintain and repair the fixtures therein and pay for any utilities which are
separately metered to his Unit.
17. Alterations. Without limiting the generality of APcle XI hereof, but subject to
Article VI hereof, no Owner shall make any addit,fis, alterations or improvements
in or to the Common Elements, the Limited Common Elements, or the exterior of
a Unit, including, but not limited to, the installation of, awnings, trellises, window
tinting, painting or other decorating of any nature visible from the exterior of the
Unit, installation of electrical wiring, ante s, machinery, or air conditioning
units, without the prior written conse oard of Directors.
18. Exterior Improvements. Without limiting t nerality of the preceding Paragraph
16 of this Section B, but subject to Article XLh reof, the Unit Owner shall not cause
anything else to be aff or attached to, hrng, displayed or placed on the exterior
walls, doors, or withe buildings except with the prior written consent of
the Board of Directors of the Association, and further, when approved, subject to
the rules and regulations adopted by the Board of Directors of the Association.
Notwithstanding anythi g contained herein to the contrary, an Owner may display
one (1) • able, remova United States flag in a respectful manner on the exterior
of th it, and port ble, emovable official armed services flags (not to exceed 4
feet by . -et) that : present the United States Army, Navy, Air Force, Marine
Corps or . G d may likewise be displayed on Armed Forces Day, Memorial
Day, Flag Da dependence Day and Veterans Day.
19. Mitigation of Dampness and Humidity. No Unit Owner shall install within their
Unit or upon the Common Elements or Association Property non -breathable wall -
coverings or low-permeance paints. Additionally, any and all built-in casework,
furniture and/or shelving in a Unit must be installed over floor coverings to allow
air space and air movement and shall not be installed with back boards flush against
any gypsum board wall. Additionally, all Unit Owners, whether or not occupying
the Unit, shall periodically run the air conditioning system to maintain the Unit
temperature, whether or not occupied, at 78°F to minimize humidity in the Unit.
Leaks, leaving exterior doors or windows open, wet flooring and moisture will
contribute to the growth of mold, mildew, fungus or spores. Each Unit Owner, by
acceptance of a deed or otherwise acquiring title to a Unit, shall be deemed to have
agreed that Declarant is not responsible and hereby disclaims any responsibility for
Declaration
26
any illness or allergic reactions which may be experienced by the Unit Owner, its
family members, employees and/or its or their guests, tenants and invitees as a
result of mold, mildew, fungus or spores. It is the Unit Owner's responsibility to
keep the Unit clean, dry, well -ventilated and free of contamination. While the
foregoing are intended to minimize the potential development of molds, fungi,
mildew and other mycotoxins, each Owner understands and agrees that there is no
method for completely eliminating the development of molds or mycotoxins. The
Declarant does not make any representations or warranties regarding the existence
or development of same. In furtherance of the rights of the Association as set forth
in Article VI above, in the event that the Association reasonably believes that the
provisions of this paragraph are not being complied with, then the Association shall
have the right, but not the obligation, to enter the Unit (without requiring the
consent of the Unit Owner or any other party) to turn on the air conditioning in an
effort to cause the temperature of the Unit to be ma4p.ined as required hereby (with
all utility consumption costs to be paid and assured by the Unit Owner). To the
extent that electric service is not then available to the Unit, the Association shall
have the further right, but not the obligation (without requiring the consent of the
Owner or any other party), to connect electric service to the Unit (with the costs
thereof to be borne by the Unit Owner, or i dvanced by the Association, to be
promptly reimbursed by the Owner t ociation).
20. Relief by Association. The Assion sha ve the power (but not the obligation)
to grant relief in particular circumstances'm e provisions of specific restrictions
contained in Subpara. • s s A anof this Article.
21. Effect on Decla strictio and limitations set forth in this Article shall
not apply to the ► , . its owned by the Declarant.
C. Transfer of Un
by complyin
other than the Declarant, may transfer their Unit except
rovisions:
Any Owner who receives a bona fide offer to purchase their
Unit (such offer to purchase a Unit shall be referred to as an "Outside Offer"), which
they intend to accept shall give notice by certified mail to the Board of Directors of
the receipt of such Outside Offer. Said notice shall also state the name and address
of the proposed purchaser, the terms of the proposed transaction and such other
information as the Board of Directors may reasonably require. The giving of such
notice to the Board of Directors shall constitute an offer by such Owner to sell the
Unit to the Association or its designee upon the same terms and conditions as
contained in such Outside Offer. The Owner shall submit in writing such further
information with respect thereto as the Board of Directors may reasonably request.
Not later than thirty (30) days after receipt of such notice, together with such further
information as may have been requested, the Association or its designee may elect,
by sending written notice to such Owner, to purchase such Unit upon the same
terms and conditions as contained in the Outside Offer. If the Board of Directors
elects to purchase the Unit on behalf of the Association in accordance with the
Declaration
27
terms of the Outside Offer, the Board of Directors shall have the authority to
proceed with such purchase on behalf of all Owners. If the available funds of the
Association are insufficient to effectuate any such purchase, the Board of Directors
may levy an Assessment against each Owner in proportion to his share of the
Common Expenses, and/or the Board of Directors may in its discretion, finance the
acquisition of such Unit.
In the event the Association should fail to notify the Owner of its election to
purchase or have its designee purchase such Unit within the time period prescribed
above, the Owner shall be free to accept the Outside Offer. In such event, if the
Owner accepts such Outside Offer but such sale is not consummated in accordance
with the terms of such Outside Offer or within a reasonable time after the date set
for closing, then, should such Owner thereafter elect to sell such Unit the Owner
shall be required to again comply with all of the terand provisions of this Article.
2. Certificate. Upon request of the Owner, a dul
shall provide the Owner with a certificate
Association does not elect to purchase
accordance with the terms set forth i
authorized officer of the Association
aiver of its right of first refusal if the
ave its designee purchase the Unit in
e Offer..
3. Approval by Association. In order to s etermine that proposed purchasers are
familiar with the Association's Governing Do uments and Rules and Regulations
of the Association, the Board of Directors, aT its option, shall have the right to
require a personal iviewy with the proposed purchaser. Notwithstanding
anything in this Article to t contrary, the Association shall have the absolute right
to deny approval of any sal witho being obligated to purchase the Unit if: (a) the
sale would result in a violat7iMPPt e Association's Governing Documents; or (b)
the Owner or proposed purchaser makes any material misrepresentation on any
documents provided to the Association or in the personal interview. A material
misrepresentation shall be defined as any false representation or omission which in
the sole judgment of "e Board of Directors would influence their decision in regard
to whetherxercise their right of first refusal.
4. Exceptions. The provisions of this Article shall not apply with respect to any sale
or conveyance of any Unit by: (a) the Owner thereof to his spouse, adult children,
parents, or a trustee, corporation or other entity where the Owner or the
aforementioned related persons are and continue to be the sole beneficiary or equity
owner of such trustee, corporation or other entity; (b) the Association; (c) the
Declarant; or (c) an Institutional First Mortgagee deriving title by virtue of
foreclosure of its mortgage or acceptance of a deed in lieu of foreclosure; provided,
however, that each succeeding Owner shall be bound by, and his Unit subject to,
the provisions of this Article. Any Owner shall be free to convey or transfer his
Unit by will, or to have his Unit pass by intestacy, without restriction; provided,
however, that each succeeding Owner shall be bound by, and his Unit subject to,
the provisions of this Article.
Declaration
28
5. Transfer Fee. The Association shall have the authority to charge a non-refundable
one -hundred -dollar ($100.00) screening fee in connection with the approval
required for the sale of a Unit. Said fee may be increased by the Board of Directors
from time to time but shall not exceed the highest fee permitted by law as set forth
in Chapter 718, Florida Statutes, as same may be amended from time to time.
6. Sale in Violation of this Article. Any purported sale of a Unit in violation of this
Article shall be voidable at any time at the election of the Association and if the
Board of Directors shall so elect, the Owner shall be deemed to have authorized
and empowered the Association to institute legal proceedings to void a conveyance.
Said Owner shall reimburse the Association for all expenses (including attorneys'
fees and costs incurred in connection with such proceedings).
D. Lease of Unit. The following restrictions shall apply innnection with the leasing of
Units:
1. Term. No Unit may be leased for a term o
tenant should vacate the Unit prior to
shall not be permitted to relet the U
shall have the sole discretion to waive
of the original lease term in cases resul
waiver shall not constitute a
against any other Owner.
s than six (6) months. If an approved
expiration of e lease term, the Owner
urin: ch perioY Board of Directors
ction on releasing prior to expiration
undue hardship to the Owner. Such
hts against the Owner thereafter or
2. Approval by Board of Dir tors. ' o Owner may lease his Unit without the prior
written approval of the Bo rd of ► ectors. An Owner intending to lease his Unit
shall provide the Association written notice of his intent to lease the Unit,
along wi
promul
days
informa
Directors s
permission t
copy of t
by the Bo
receipt of
which
e proposed lease and a standard lease application form as
of Directors from time to time. Within twenty-one (21)
e O ner's notice of intent to lease his Unit and any additional
ay be required by the Board of Directors, the Board of
er approve or disapprove of the lease. The Association may deny
se the Unit upon any reasonable grounds, including, without
limitation: (1) failure of the Owner to submit all documents required for approval
or to submit the screening fee as described below; (2) the Owner is delinquent in
the maintenance assessments for his Unit; (3) occupancy of the unit by the proposed
tenant would violate any provision of this Declaration, the By -Laws, Articles of
Incorporation or Rules and Regulations of the Association; or (4) the Owner or
proposed tenant makes any misrepresentation on any of the lease approval forms.
No tenant whose lease requires the approval of the Board of Directors under the
terms hereof may occupy the Unit prior to obtaining the Board of Directors'
approval unless the tenant has been previously approved and is awaiting approval
of a lease renewal. A lease application shall be deemed automatically withdrawn if
the prospective tenant occupies the Unit prior to receipt of approval from the Board
of Directors.
Declaration
29
3. Lease Addendum. In connection with the leasing of a Unit, the Board of Directors
shall have the right to require that Owners and their tenants execute a standard
Lease Addendum as promulgated by the Board of Directors from time to time. In
addition to other provisions which may be adopted by the Board of Directors, the
standard Lease Addendum shall provide (or be automatically deemed to provide,
absent an express statement) that the tenant is subject to the terms and conditions
of the Association's Declaration, By -Laws, Articles of Incorporation, rules and
regulations and the Act, as all may be amended from time to time (the
"Association's Governing Documents"), and any failure to comply with the terms
of the Association's Governing Documents shall constitute a default under the
Lease.
4. Association as Agent. An Owner leasing his Unit shall be deemed to irrevocably
appoint the Association as his agent or attorney-ipifact in his place and stead to
terminate the tenancy of any tenant who violates any of the terms of the
Association's Governing Documents or statutes of the State of Florida. The
determination of whether a violation has occurred shall be within the sole discretion
of the Board of Directors. The Owner shall be liable for all costs and reasonable
attorneys' fees incurred by the Association 4ponnection with the termination of
the lease or tenancy and the eviction of the t fiant. This provision shall not obligate
the Association to commence such proceeding and shall not relieve the Owner of
his obligation to terminate th Lem and ethe tenant for any violations of law
or the Association's Governin Docu
5. Leasing Fee. The •ci. •n sh have the authority to charge a non-refundable
one -hundred -do r ` ($10 I 0 sc ning fee in connection with the approval
required for the leasing of ai. Said fee may be increased by the Board of
Directors - time to dime but shall not exceed the highest fee permitted by law
as set f
time.
hapter 7 Florida Statutes, as same may be amended from time to
6. Securi D. it ners wishing to lease their Units shall be required to have any
prospective le - place in escrow with the Association a security deposit in a sum
not to exceed the rent due for the entire term, if the rental period is one (1) month
or less, or one (1) month's rent if the rental period is longer than one (1) month. The
security deposit may be used by the Association to repair any damages to the
Common Elements resulting from acts or omissions of tenants (as determined in
the sole discretion of the Board of Directors). The Owner will be jointly and
severally liable with the tenant to the Association for any amount in excess of such
sum which is required by the Association to affect such repairs or to pay any claim
for injury or damage to property caused by the negligence of the tenant. Such
security deposits shall be administered in accordance with Chapter 83, Florida
Statutes. This provision shall not apply to Units owned by Declarant.
7. Approval by Association. In order to determine that proposed tenants are familiar
with the Association's Governing Documents, the Board of Directors, at its option,
Declaration
30
shall have the right to require a personal interview with a proposed tenant prior to
granting or denying approval for occupancy, where approval is required.
8. Tenant Use Rights. When a Unit is leased, a tenant shall have all use rights in the
Association Property and those Common Elements otherwise readily available for
use generally by Owners and the Owner shall not have such rights except as a guest,
unless such rights are waived in writing by the tenant. Nothing herein shall interfere
with the access rights of the Unit Owner as a landlord pursuant to Chapter 83,
Florida Statutes. The Association shall have the right to adopt rules to prohibit dual
usage by a Unit Owner and a tenant of Association Property and Common Elements
otherwise readily available for use by Unit Owners
9. Subleases, Assignments, and Renewals of Leases. Except with respect to any fee
charged in connection with a lease or sublease, th ovisions of this Article shall
also apply to subleases, assignments and renew f leases.
E. Miscellaneous Restrictions and Obligations.
1. Liability for Common Expenses. No 3vner lof a Unit i ay exempt himself from
liability for his contribution towards' -the Common Expenses by waiver of the use
and enjoyment of any of the Common Elements or by the abandonment of his Unit.
2. Restraint Upon Separation an ' a Lion o Common Elements. No Unit Owner
shall attempt to convey.his and ® ed inter st in the Common Elements which are
appurtenant to each_Unit s arat, y from the Unit to which it is appurtenant. The
undivided inter in the omm Elements appurtenant to each Unit shall be
deemed conveyed, devised7AMPribered or otherwise included with the Unit to
which it is appurtena , even though such undivided interest is not expressly
mentioned or describe the instrument conveying, devising, encumbering, or
otherwise dealing w. su Unit. The respective shares in the Common Elements
shall remain undivid , and no Unit Owner shall have an action for partition of the
Common Nit
provided the Condominium Property, or any part thereof, except as
provided here ith respect to termination of the Condominium. Any conveyance,
mortgage or other instrument which purports to effect the transfer, conveyance,
devise or encumbrance, or which purports to grant any right, interest, or lien in, to,
or upon a Unit, shall be null, void and of no effect insofar as the same purports to
affect any interest in the Common Elements, unless the same purports to convey,
devise, encumber or otherwise treat or deal with the entire Unit and its
appurtenances. Any instrument conveying, devising, encumbering or otherwise
dealing with the Unit which describes said Unit by the designation assigned thereto
in Exhibit "B," without limitation or exception, shall be deemed and construed to
affect the entire Unit and its appurtenant undivided interest in the Common
Elements. Nothing herein contained shall be construed as limiting or preventing
ownership of any Unit and its appurtenant undivided interest in the common
Elements by more than one person or entity as tenants in common, joint tenants, or
tenants by the entirety.
Declaration
31
3. Interest in Unit. No Unit Owner shall attempt in any manner to divest himself of
his interest in the Unit and its appurtenances except by conveyance of his total
interest in the Unit and its appurtenances.
4. Judicial Sale. No judicial sale of a Unit nor any interest therein shall be valid unless:
a. The sale is to a purchaser approved by the Association which approval
shall be in recordable form, executed by two officers of the
Association and delivered to the purchaser; or
b. The sale is a result of a public sale with open bidding.
5. Declarant's Rights. Nothing set forth in this De ration shall be construed as
0limiting the Declarant's rights to freely and wit approval of the Association or
any other Unit Owner, convey, alter or modify Units in the Condominium subject
to the limitations of Chapter 718 of the Florida Statutes.
b
6. Obligations of Unit Owners. In a. on otherligations and duties
heretofore set out in this Declaration, - ,nit Owner shall:
a. Promptly pay the . ents - d by the Association.
b. Maintain in gad con, '1' anepair his Unit and all interior surfaces
within or urrounding s Unit and maintain and repair the fixtures
therei
c. Conform to and abide with the By -Laws and uniform rules and
regulations promulgated by the Board of Directors of the Association.
F. Mortgages. No nit Own may mortgage his Unit or any interest therein without the
approval of the As ' ati xcept to an Institutional Mortgagee. The approval of any other
mortgage may be g d upon conditions determined by the Association, and such
approval may be arbitrarily withheld. This provision shall not be construed so as to prevent
the Declarant or Association from accepting a purchase money mortgage as a part of the
purchase price of a Unit nor prevent a Unit Owner from accepting a purchase money
mortgage from an approved purchaser. Where an institutional first mortgage by some
circumstance fails to be a first mortgage but it is evident that it is intended to be a first
mortgage, it shall nevertheless for the purpose of this Declaration be deemed to be an
institutional mortgage.
G. Changes in Declarant -Owned Units. Declarant shall have the right, without the vote or
consent of the Association, to make alterations, or improvements in, to, and upon Units
owned by Declarant, whether structural or non-structural, interior or exterior, ordinary or
extraordinary, so long as the configuration or size of the Units is not changed, the
appurtenances to the Units are not materially altered or modified, and the percentage
Declaration
32
interest in the Common Elements of any Units shall not be changed by reason thereof: The
provisions of this paragraph may not be added to, amended or deleted without the prior
written consent of the Declarant.
ARTICLE XIX: ADDITIONAL RIGHTS OF MORTGAGEES AND OTHERS
A. Availability of Association Documents. The Association shall have current and updated
copies of the following for inspection by Institutional Mortgagees during normal business
hours or under other reasonable circumstances: (a) this Declaration; (b) the Articles; (c) the
By -Laws; (d) the rules and regulations of the Association; and (e) the books, records and
financial statements of the Association.
B. Notices. Any holder, insurer or guarantor of a mortgage on a Unit shall have, if first
requested in writing, the right to timely written notice of:p
1. any condemnation or casualty loss affecting as aterial portion of the Condominium
and/or Association Property or the affecte Ni ortgaged Unit;
2. a sixty (60)-day delinquency in the the Ass sments on a mortgaged
Unit;
3. the occurrence of a lapse, cancellation or material modification of any insurance
policy or fidelity bond maintained by= sociation; or
4. any proposed actio. -i= equire the consent of a specified number of mortgage
holders.
: ADDITIONAL PROVISIONS
A. Titles. Articl. d Paragra titl- inserted throughout this Declaration are intended only
as a matter of enienc- nd for reference and in no way define, limit, or in any way
affect this Declar. . e efine, limit or in any way affect the content of the respective
Article and/or Paragr
B. Conflict.
1. In the event of conflict among the powers and duties of the Association or the terms
and provisions of this Declaration, Exhibits attached hereto or otherwise, this
Declaration shall take precedence over the Articles of Incorporation, By -Laws and
applicable rules and regulations; the Articles of Incorporation shall take precedence
over the By -Laws and applicable rules and regulations; and the By -Laws shall take
precedence over applicable rules and regulations, all as amended from time to time.
Notwithstanding anything in this Declaration or its Exhibits to the contrary, the
Association shall at all times be the entity having ultimate control over the
Condominium, consistent with the Act.
Declaration
33
2. This Declaration is subject to the terms and conditions of the Parking Agreements.
In the event of any conflict between the terms and provisions of the Parking
Agreements and the terms and provisions of this Declaration, the Articles of
Incorporation, or the Bylaws, the terms and provisions of the Parking Agreements
shall control; provided, however, that neither Grove Bay nor the MPA shall take or
permit any action or exercise any rights under the Parking Agreements that cause a
termination of the Condominium. Furthermore, without limitation of the foregoing,
while the Parking Agreements are in effect, the responsibility for the maintenance,
repair and replacement of the Units and the Common Elements shall be governed
by the terms of the Parking Agreements.
C. Severability. The invalidity in whole or in part of any covenant or restriction, or any
section, subsection, paragraph, subparagraph, sentence, clause, phrase or word, or other
provision of this Declaration, the Exhibits annexed h to, or applicable rules and
regulations adopted pursuant to such documents, as thqi&me may be amended from time
to time, shall not affect the validity of the remainin*portgns thereof which shall remain
in full force and effect. ♦♦ ��
D. Notices. All notices to the Association require or de#red hereulder or under the Bylaws
of the Association shall be sent by certified -mail (return receipt requested) or registered
mail to the Association in care of its office at the Condominium, or to such other address
as the Association may hereafter designate from tim to time by notice in writing to all
Unit Owners. Except as provided specifically in this Declaration or in the Act, all notices
to any Unit Owner shall be s
Unit Owner, or such other
in writing, to the Association. Al
mail to their respective address
y first class mail to the Condominium address of such
ave been designated by him from time to time,
ortgagees of Units shall be sent by first class
ther address as may be designated by them from
time to time, in writing to the Association. All notices shall be deemed to have been given
when mailed in a postage prepaid sealed wrapper, except notices of a change of address,
which shall be deemed to have ben given when received, or five (5) business days after
proper mailing, whichever shall first occur.
E. Attorney's Fees. In any proceeding arising because of an alleged failure of a Unit Owner
or the Association to comply with the requirements of the Act, this Declaration, the
Exhibits annexed hereto, or the rules and regulations adopted pursuant to said documents,
as the same may be amended from time to time, the prevailing party shall be entitled to
recover the costs of the proceeding and such reasonable attorneys' fees (including appellate
attorneys' fees) to the extent required by the Condominium Act. Notwithstanding this
provision and any language contained in this Declaration to the contrary, and unless
otherwise explicitly provided in the Condominium Act, each party shall be responsible for
its own attomey's fees and costs in connection with any claim, action or proceeding brought
to enforce or interpret the terms of the Association's Governing Documents.
F. Governing Law. Should any dispute or litigation arise between any of the parties whose
rights or duties are affected or determined by this Declaration, the Exhibits annexed hereto
or applicable rules and regulations adopted pursuant to such documents, as the same may
Declaration
34
be amended from time to time, said dispute or litigation shall be governed by the laws of
the State of Florida.
G. Gender; Plurality. Whenever the context and facts permit, the use of the singular shall
include the plural and the plural shall include the singular and the use of any gender shall
be deemed to include all genders.
H. Exhibits. There is hereby incorporated in this Declaration all materials contained in the
Exhibits annexed hereto, except that to such Exhibits, any conflicting provisions set forth
therein as to their amendment, modification, enforcement and other matters shall control
over those hereof.
J.
K.
Signature of President and Secretary. Wherever the signature of the President of the
Association is required hereunder, the signature of a viccpresident may be substituted
therefor, and wherever the signature of the Secretary of the Association is required
hereunder, the signature of an assistant secretary mae substituted therefor, provided that
the same person may not execute any single instru Tt on behalf of the Association in two
separate capacities.
Time Shares. The Declarant will not create time estates with respect to any Units In
this Condominium.
Ratification. Each Unit Owner, by
purchase, gift, operation of 1. .r oth
his occupancy, shall be de- ' . o)ave a
of this Declaration, t - • rticles,r the
Association are fair and onable in
g acquired ownership (whether by
, aneach occupant of a Unit, by reason of
owledged and agreed that all of the provisions
aws and the rules and regulations of the
aterial respects.
L. Execution of Doc" men is Atto in Fact. Without limiting the generality of other articles
of this Declaration and wi out uch other articles limiting the generality hereof, each
Owner, by reason of accept ce of a deed to such Owner's Unit, hereby agrees to execute,
at the request of the Declarant, all documents or consents which may be required by all
governmental agencies to allow the Declarant and its affiliates to complete the plan of
development of the Condominium, as such plan may be hereafter amended, and each such
Owner further appoints hereby and thereby the Declarant as such Owner's agent and
attorney -in -fact to execute, on behalf and in the name of such Owners, any and all
documents or consents. This power of attorney is irrevocable and coupled with an interest.
The provisions of this paragraph may not be amended without the consent of the Declarant.
M. Liability of Association. Notwithstanding anything contained in the Association's
Governing Documents, the Association, except to the extent specifically provided to the
contrary herein, shall not be liable or responsible for, or in any manner a guarantor or
insurer of, the health, safety or welfare of any Owner, occupant or user of any portion of
the Condominium and/or Association Property, including, without limitation, Owners and
their employees, guests, invitees, agents, servants, contractors or subcontractors or for any
property of such persons. Without limiting the generality of the foregoing:
Declaration
35
1. it is the express intent of the Association's Governing Documents that the various
provisions thereof which are enforceable by the Association and which govern or
regulate the uses of the properties have been written, and are to be interpreted and
enforced, for the sole purpose of enhancing and maintaining the enjoyment of the
properties and the value thereof;
2. the Association is not empowered, and has not been created, to act as an entity
which enforces or ensures the compliance with the laws of the United States, State
of Florida, Miami -Dade County, the City of Miami and/or any other jurisdiction or
the prevention of tortious activities; and
3. the provisions of the Association's Governing Documents setting forth the uses of
Assessments which relate to health, safety and/or Aflfare shall be interpreted and
applied only as limitations on the uses of Assessments and not as creating a duty of
the Association to protect or further the health, safety or welfare of any person(s),
even if Assessments are chosen to be used, for any such reason.
Each Owner (by virtue of his acceptance of - to h• nit) and''ach other person having
an interest in or lien upon, or making use o , ion of the Association Property (by
virtue of accepting such interest or lien or makin _ ch use) shall be bound by this provision
and shall be deemed to have automa .ive. . and all rights, claims, demands and
causes of action against the Associa a ► o or connected with any matter for
which the liability of the ciatio ' bee disclaimed hereby. As used herein,
"Association" shall incl w n it eaning all Association directors, officers,
committee and board in bers, e ploy: agents, contractors (including management
companies), subcontractors, successors and assigns. The provisions hereof shall also inure
to the benefit of the Declarant, which shall be fully protected hereby.
N. Liberal Cons ction. The ovis 'ons of this Declaration shall be liberally construed to
effectuate its purpose of c ating a uniform plan of condominium ownership. It is the
intention of the Declarant tat this Declaration and the provisions hereof, as well as the
provisions of all Exhibits hereto, shall comply with the Act, and if there be any direct
conflict between the provisions of this Declaration or any of the Exhibits hereto and the
said Act, then the provisions of the Act shall govern. If there shall ever be a question as to
the interpretation of any of the provisions of this Declaration or the Exhibits hereto, the
same shall be interpreted in accordance with the intent of the Declarant in such manner that
any such questions would conform to the Act and against any interpretation which would
not be in conformance with the said Act.
O. Rules and Regulations. Subject to the terms of this Declaration, which provide for
conditions under which this Declaration may be terminated, in the event the Association
promulgates Rules and Regulations governing the operation of the Condominium, such
Rules and Regulations, unless otherwise provided therein, shall remain in effect for a
minimum of twenty-five (25) years and shall be automatically renewed thereafter.
Declaration
36
ARTICLE XXI: DISCLAIMER OF WARRANTIES
A. Disclaimer of Warranties. Declarant hereby disclaims any and all express or implied
warranties as to the design; construction; sound and/or odor transmission; existence
and/or development of molds, mildew, toxins or fungi; furnishing and equipping of
the Condominium Property, except only those set forth in the Act, to the extent
applicable and to the extent that same have not expired by their terms. As to such
warranties which cannot be disclaimed, and to other claims, if any, which can be made
as to the aforesaid matters, all incidental and consequential damages arising
therefrom are hereby disclaimed. Each Unit Owner, by virtue of acceptance of title
to its respective Unit (whether from the Declarant or another party), shall be deemed
to have automatically waived all of the aforesaid disclaimed warranties and incidental
and consequential damages. The Unit Owner has not received nor relied on any
warranties and/or representations from Declarant any kind, other than as
expressly provided herein.
Further, given the climate and humid conditio,
may exist and/or develop within the Unit a
Owner is hereby advised that certain mo
if allowed to remain for a sufficient perio
health risk. By acquiring title to a Unit, each
the Declarant from any and all
limitation, any liability for inciden
from, without limitation, t i abil poss
costs, office rental costs
and/or personal injur
flooring and moisture
Each Unit Owne
be deemed to
responsibili
Unit Owner, i
as a result of mo
keep the Unit clean,
, molds, toxins and fungi
the Con . inium Property. Each
, toxins . nd/or fungi may be, or
come, toxic and potentially pose a
er shall be deemed to have released
from same, including, without
uintial damages (which may result
ss the Unit, inconvenience, moving
cos ' loss of time, lost wages, lost opportunities,
the generality of the foregoing, leaks, wet
e growth of mold, mildew, fungus or spores.
ce of a deed or otherwise acquiring title to a Unit, shall
eclarant is not responsible and hereby disclaims any
s o allergic reactions which may be experienced by the
bers, employees and/or their guests, tenants and invitees
, fungus or spores. It is the Unit Owner's responsibility to
well -ventilated and free of contamination.
Each Owner understands and agrees that for some time in the future, it and its
employees, guests, tenants and invitees may be disturbed by the noise, commotion and
other unpleasant effects of nearby construction activity and as a result Owner and its
employees, guests, tenants and invitees may be impeded in using portions of the
Condominium Property by that activity. Because the Condominium is located in an
urban area, demolition or construction of buildings and other structures within the
immediate area or within the view lines of any particular Unit or of any part of the
Condominium (the "Views") may block, obstruct, shadow or otherwise affect Views,
which may currently be visible from the Unit or from the Condominium. Therefore,
each Owner, for itself, its successors and assigns, by acceptance of a deed or otherwise
acquiring title to a Unit, releases Declarant, its partners and its and their officers,
members, director , and employees and every affiliate and person related or affiliated
Declaration
37
in any way with any of them ("Declarant's Affiliates") from and against any and all
losses, claims, demands, damages, costs and expenses of whatever nature or kind,
including attorneys' fees and costs, including those incurred through all arbitration
and/or appellate proceedings, related to or arising out of any claim against the
Declarant or Declarant's Affiliates related to Views or the disruption, noise,
commotion, and other unpleasant effects of nearby development or construction. As
a result of the foregoing, there is no guarantee of view, security, privacy, location,
design, density or any other matter.
[signatures on following page]
Declaration
38
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on this day
of 2021.
Signed, Sealed and Delivered in the presence of:
CITY OF MIAMI, a municipal corporation
of the State of Florida
Attest:
By: By:
Arthur Noriega V, City Manager Todd Hannon, City Clerk
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before ne this ;111 day of , 2021,
by means of L] physical presence or L] online notarization by Arthur Noriega V as City Manager
for the City of Miami, a municipal corporation •f the State of Florida.
Personally Known OR Produced Ide
Type of Identification Produced:
(NOTARY SEAL)
Approved as to Form and Coctness:
By:
Victoria Mendez, City Attorney
NOTARY PUBLIC
State of Florida at Large
My Commission Expires:
Declaration
39
JOINDER AND CONSENT
THIS JOINDER AND CONSENT is given and made this day of
2021, on behalf of DEPARTMENT OF OFF-STREET PARKING D/B/A THE MIAMI
PARKING AUTHORITY, an independent agency and instrumentality of the City of Miami
("MPA"), being a party to that certain Interlocal Agreement between the City of Miami, a
municipal corporation of State of Florida ("City') and MPA, dated as of February 8, 2016 and
further being a party to that certain Grove Bay Parking Facilities Agreement between the City,
MPA and Grove Bay, dated as of February 8, 2016, as amended by the First Amendment to Grove
Bay Parking Facilities Agreement dated as of February 15, 2019.
WHEREAS, the City has requested that MPA consent to the submission to the
condominium form of ownership of the real property and improve • -nts situated thereon described
on the Declaration of Condominium to which this joinder and c► ent is attached ("Declaration").
NOW, THEREFORE, MPA joins in and consen
form of ownership of the real property and the impr
Declaration, subject to the terms and conditions th
the s
ments situa
ission to the condominium
ereon described in the
IN WITNESS WHEREOF, Lessee has caused - presents to be duly executed in the
presence by its duly authorized officer this , 2021.
WITNESSES: / 1 MPA:
By:
Print Name:
DEPARTMENT OF OFF-STREET
PARKING OF THE CITY OF MIAMI
By:
Print Name:
By:
Print Name:
JOINDER AND CONSENT
THIS JOINDER AND CONSENT is given and made this day of
2021, on behalf of GROVE BAY INVESTMENT GROUP, LLC, a Florida limited liability
company ("Lessee"), being the owner of the Lessee's interest in a lease between the Lessee and
the City of Miami, a municipal corporation of State of Florida, as Lessor ("Lessor'), dated October
24, 2013 ("Lease").
WHEREAS, the Lessor has requested that Lessee consent to the submission to the
condominium form of ownership of the real property and improvements situated thereon described
on the Declaration of Condominium to which this joinder and consent is attached ("Declaration").
NOW, THEREFORE, Lessee joins in and consents to the
form of ownership of the real property and the improvement
Declaration, subject to the terms and conditions therein.
omission to the condominium
ated thereon described in the
IN WITNESS WHEREOF, Lessee has causeese present be duly executed in the
presence by its duly authorized officer this
WITNESSES:
By:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
, 2021.
GROVE BAY INVESTMENT GROUP,
LLC, a Florida limited liability company
By:
Print Name:
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgements, appeared
who is personally known to me or who has produced as identification, and who
did not take an oath, and who is known to be of Grove Bay Investment
Group, LLC, a Florida limited liability company and the party named in the foregoing instrument,
and that he/she acknowledged executing the same, in the presence of two subscribing witnesses,
freely and voluntary under authority duly vested in him/her by said entity and that the seal affixed
thereto is the true corporate seal of said entity.
WITNESS my hand and official seal in the State and County aforesaid this day of
, 2021.
(NOTARY SEAL)
NOTARY " 4 : LIC
State o . . at Large
My missi. xpires:
JOINDER AND CONSENT
THIS JOINDER AND CONSENT is given and made this day of
2021, on behalf of HOLIDAY CVS, LLC, a Florida limited liability company ("Subtenant") being
the owner of Subtenant's interest under that certain Sublease Agreement between Subtenant and
Grove Bay Investment Group, LLC, a Florida limited liability company, as Sublandlord
("Sublandlord"), dated June 18, 2020 ("Sublease"), a memorandum of which was recorded in
Official Records Book at Page , of the Public Record of Miami -Dade County,
Florida.
WHEREAS, Sublandlord is the lessee under that certain Lease Agreement between
Sublandlord and the City of Miami, a municipal corporation of State of Florida ("Lessor'), dated
October 24, 2013 ("Lease"), a memorandum of which was reco ed in Official Records Book
at Page , of the Public Record of Miami -Dade C • , Florida.
WHEREAS, the Lessor has requested that Sub
condominium form of ownership of the real property a mprovemen
on the Declaration of Condominium to which this j
t to the submission to the
ated thereon described
onsent is attached ("Declaration").
NOW, THEREFORE, Subtenant jli
oins in and consents to the submission to the
condominium form of ownership of the re property and *he improvements situated thereon
described in the Declaration, subject to the teiins and conditions therein.
IN WITNESS WHERE • " ubt- t ha used these presents to be duly executed by its
duly authorized officer this
2021.
WITNESSES: - SUBTENANT:
HOLIDAY CVS, LLC, a Florida limited
liability company
By:
Print Name:
By:
Print Name:
By:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgements, appeared
who is personally known to me or who has produced as identification, and who
did not take an oath, and who is known to be of Grove Bay Investment
Group, LLC, a Florida limited liability company and the party named in the foregoing instrument,
and that he/she acknowledged executing the same, in the presence of two subscribing witnesses,
freely and voluntary under authority duly vested in him/her by said entity and that the seal affixed
thereto is the true corporate seal of said entity.
WITNESS my hand and official seal in the State and Co
, 2021.
(NOTARY SEAL)
aforesaid this day of
NOTARY PUBLIC
State of Florida at Large
My Commission Expires:
JOINDER AND CONSENT
THIS JOINDER AND CONSENT is given and made this day of
2021, on behalf of , a national banking association ("Lender"), being
the holder of that certain Agreement made by Grove Bay Investment Group,
LLC, a Florida limited liability company ("Borrower") dated and recorded in Official
Records Book at Page , of the Public Record of Miami -Dade County, Florida
("Mortgage").
WHEREAS, Borrower is the lessee under that certain Lease Agreement between Borrower
and the City of Miami, a municipal corporation of State of Florida ("Lessor'), dated October 24,
2013 ("Lease"), a memorandum of which was recorded in Official Records Book at Page
, of the Public Record of Miami -Dade County, Florida.
WHEREAS, the Lessor has requested that Lend nt to the submission to the
condominium form of ownership of the real property and rove situated thereon described
on the Declaration of Condominium to which this joinnd consent ttached ("Declaration").
NOW, THEREFORE, Lessee joins in and consents to the submission to the condominium
form of ownership of the real property and theimprovements situated thereon described in the
Declaration, subject to the terms and conditions therein; proded, however, that Lender does not
assume and is not responsible for any of the obligations Ord liabilities of Borrower or any other
person under the Declaration, and none of the representations contained in the aforesaid
Declaration shall be deemed to • e bee ade Vender or impose any obligations on Lender.
IN WITNESS W
duly authorized office
der has caused these presents to be duly executed by its
2021.
WITNESSES: LENDER:
By:
Print Name:
By:
Print Name:
association.
a national banking
By:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgements, appeared
who is personally known to me or who has produced as identification, and who
did not take an oath, and who is known to be of
and the party named in the foregoing instrument, and that he/she acknowledged executing the
same, in the presence of two subscribing witnesses, freely and voluntary under authority duly
vested in him/her by said entity and that the seal affixed thereto is the true corporate seal of said
entity.
WITNESS my hand and official seal in the State and Co
, 2021.
(NOTARY SEAL)
aforesaid this day of
NOTARY PUBLIC
State of Florida at Large
My Commission Expires:
Exhibit "A"
Legal Description of Real Property Being Submitted
to Condominium Form of Ownership
Declaration
44
Exhibit "B"
Survey, Plot Plan and Floor Plan
Declaration
45
Exhibit "C"
Unit Owners' Percentage Interest in Common Elements,
Common Expenses and Common Surplus
Declaration
46
Exhibit "D"
Articles of Incorporation of Association
Declaration
47
ARTICLES OF INCORPORATION
OF REGATTA HARBOUR GARAGE CONDOMINIUM ASSOCIATION, INC.
The undersigned, by these Articles, hereby form this not -for -profit corporation under the laws of
the State of Florida, pursuant to Chapter 617, Florida Statutes, and certify as follows:
ARTICLE I — NAME
The name of the corporation is REGATTA HARBOUR GARAGE CONDOMINIUM
ASSOCIATION, INC., for convenience, the Corporation shall be referred to in this instrument as
the "Association."
ARTICLE II — PURPOSES AND PO RS
The Association does not contemplate pecuniary gain or
specific purposes for which it is formed are to prov
architectural control of the condominium units a
Condominium more particularly described in th
to the members thereof. The
tenance, preservation and
el- _ is within that certain
n of Glass House Condominium
(hereafter, the "Declaration of Condominium"), and ote the health, safety, and welfare of
the unit owners within the Condominium and any additions. In order to effectuate these purposes,
the Association shall have the power to exercise all the powers and privileges and to perform all
the duties and obligations of the Association as forth in the Declaration of Condominium, which
powers and privileges include but mited to the following:
1. To fix, levy, collect an enforce payment by any lawful means all appropriate
charges or assessme
2. To pa'a11 expense incident to the conduct of the business of the Association,
including all licens , , taxes and governmental charges levied or imposed against
the Common Elements;
3. To acquire (by gift, purchase or otherwise), own, hold, improve, build upon,
operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise
dispose of the Common Elements on behalf of the membership of the Association;
4. To borrow money in accordance with the terms of the Declaration of
Condominium;
5. To participate in mergers and consolidations with other nonprofit corporations
organized for the same purposes; and
Articles of Incorporation
1
6. To have and to exercise any and all powers, rights, and privileges which a
corporation organized under the Florida Not -for -Profit Corporation Law may now
or hereafter have or exercise.
ARTICLE III — MEMBERSHIP AND VOTING
A. Membership. Every person or entity who is a record owner of any Unit in the
Condominium shall be a member of the Association. The foregoing does not include
persons or entities that hold an interest merely as security for the performance of an
obligation. Change of membership in the Association shall be established by recording in
the Public Records of Miami -Dade County, Florida, a deed or other instrument establishing
a record title to any Unit in a transferee and the delivery to the Association of a certified
copy of such instrument. Upon such delivery, the transfere esignated by such instrument
shall become a member of the Association and the me rship of the transferor shall be
terminated.
B. Appurtenance to Unit. The share of a member
shall not be assigned, hypothecated, or trans
to his Unit.
C. Voting Rights. For each
voting interest calculated
shown in the Declaration
or interests in any Unit,
among themselves dete
by the By -Laws o
D. Meetings. T
the funds ai ssets of the Association
manner except as an appurtenance
Unit owned, each Owner s 11 be entitled to the proportionate
in accordance with each Unit's fractional or percentage share, as
o one a minium. When more than one person holds an interest
vote f such\Unit shall be limited to one vote as the Owners
e. The number of exercising voting rights shall be determined
ation.
1 provide for meetings of the members.
IV — BOARD OF DIRECTORS
A. Membership of Board. The affairs of this Association shall be managed by a Board
consisting of the number of Directors determined by the By -Laws, but not fewer than three
(3) Directors.
B. Election and Removal. Directors shall be elected at the annual meeting of the members in
the manner determined by the By -Laws. Directors may be removed and vacancies on the
Board shall be filled in the manner provided by the By -Laws.
C. First Board of Directors. The names and addresses of the persons who shall act in the
capacity of Directors until their successors shall be elected and qualified are as follows:
NAME ADDRESS
Articles of Incorporation
2
Arthur Noriega, V
Fernando Casamayor
Suzanne Hollander
City of Miami
444 SW 2nd Avenue, 10th Floor
Miami, Florida 33130
City of Miami
444 SW 2nd Avenue, 10th Floor
Miami, Florida 33130
City of Miami
444 SW 2nd Avenue, 3rd Floor
Miami, Florida 33130
The Directors named above shall serve until the first election of Directors, as determined
by the By -Laws, and any vacancies in their number occurring before the first election of
Directors shall be filled by act of the remaining Diror
ARTICLE V — OFgCERS
The affairs of the Association shall be administered by the Officers designated in the By -Laws.
After the first election of Directors, the Officers shall be elected by the Board at the first Board
meeting following the annual meeting. Officers shall serve at the pleasure of the Board. The names
and addresses of the officers who shall serve until their successors are designated by the Board are
as follows:
President
r Noriega
City of Miami
444 SW 2nd Avenue, 10th Floor
Miami, FL 33130
Vice President/SecFernando Casamayor
City of Miami
444 SW 2nd Avenue, 10th Floor
Miami, FL 33130
Treasurer
Suzanne Hollander
City of Miami
444 SW 2nd Avenue, 3rd Floor
Miami, FL 33130
ARTICLE VI — INDEMNIFICATION
Every Director and every Officer of the Association shall be indemnified by the Association
against all expenses and liabilities, including counsel fees, reasonably incurred by or imposed upon
Articles of Incorporation
3
him in connection with any proceeding or any settlement of any proceeding to which he may be a
party or in which he may become involved by reason of his being or having been a Director or
Officer of the Association, whether or not he is a Director or Officer of the Association at the time
such expenses are incurred, except when the Director or Officer is adjudged guilty of willful
misfeasance or malfeasance in the performance of his duties; provided that in the event of a
settlement, the indemnification shall apply only when the Board approves such settlement and
reimbursement as being in the best interests of the Association. The foregoing right of
indemnification shall be in addition to and not exclusive of all other rights to which such Director
or Officer may be entitled.
ARTICLE VII — BY LAWS
The first By -Laws of the Association shall be adopted by the Boar • and may thereafter be altered,
amended or rescinded in the manner provided in such By -Law
ARTICLE VIII — AME
Amendments to the Articles of Incorporation may onsi . - d at any regular or special meeting
of the members and may be adopted in the following
1. By notice of the subject matter of a propose u amendment and of the meeting at
which a proposed amendment is considered, which notice shall be made as required
by the By- Laws.
2. By resolution for he adoption of a proposed amendment which may be proposed
either by the Board or by a majority of the voting members. Such amendments must
be approved by not less h n sixty-seven percent (67%) of the votes of the voting
members.
-
ARTICLE IX — TERM
The term of the Association shall be perpetual.
ARTICLE X — DISSOLUTION
The Association may be dissolved, upon termination of the Condominium as provided in the
Declaration of Condominium, with the assent given in writing and signed by not less than seventy-
five percent (75%) of the votes which members present at a meeting on such topic or represented
by proxy are entitled to cast. Upon dissolution of the Association, other than incident to a merger
or consolidation, the assets of the Association shall be dedicated to an appropriate public agency
of the City of Miami to be used for purposes similar to those for which the Association was created.
ARTICLE XI — RESIDENT AGENT
Articles of Incorporation
4
The name and street address of the Resident Agent of the Corporation is:
Arthur Noriega, V
City of Miami
444 SW 2nd Avenue, 10th Floor
Miami, Florida 33130
ARTICLE XII — MISCELLANEOUS
A. Declarant's Rights. No amendment of these Articles of Incorporation or the By -Laws shall
change Declarant's rights and privileges as set forth in the Declaration of Condominium
without Declarant's prior written approval so long as Decl. . nt owns any Unit.
B. Stock. The Association shall issue no shares of sto • kind or nature whatsoever.
C. Severability. Invalidation of any one or more off provisions of shall in no way affect
any other provisions, which shall remain in forc d effect.
D. Effective Date. The Articles of Inco ► • .tion shire effective as of January 1, 2022.
E. Initial Principal Office. The street add
of the Corporation is:
F. Incorporator.
Incorporation is:
of iami
<Zity
SW 2nd Avenue
• i, Florida 33130
ial principal office and street address
street address of the incorporator of these Articles of
Arthur Noriega, V
City of Miami
444 SW 2nd Avenue, 10th Floor
Miami, Florida 33130
[THE REMAINDER OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK]
Articles of Incorporation
5
IN WITNESS WHEREOF, the undersigned subscriber has executed this instrument the day
of , 2021 and affirms that the facts stated herein are true. I am aware that any
false information submitted in a document to the Depailiuent of State constitutes a third-degree
felony as provided for in Section 817.177, Florida Statutes.
Signed, Sealed and Delivered in the presence of:
WITNESSES:
By:
Print:
By:
Print:
INCORPORATOR
By:
Arthur Noriega V, Incorpor
STATE OF FLORIDA
COUNTY OF MIAMI-'
The foregoing instrum. as ac ledged before me this day of , 2021,
by means of [ 1 physical ► en .r L] online notarization by Arthur Noriega V.
Personally Known OR Produced Identification
Type of Identification Produced:
(NOTARY SEAL)
NOTARY PUBLIC
State of Florida at Large
My Commission Expires:
Articles of Incorporation
6
ACKNOWLEDGMENT
Having been named as registered agent to accept services of process for the above stated
Association, at the place designated in these Articles, I am familiar with and accept the
appointment as registered agent and agree to act in this capacity.
Arthur Noriega V
Articles of Incorporation
7
Exhibit "E"
By -Laws of Association
Declaration
48
BY-LAWS OF
REGATTA HARBOUR GARAGE CONDOMINIUM ASSOCIATION, INC.
A corporation not for profit organized
under the law of the State of Florida
1 Identity. These are the By -Laws of REGATTA HARBOUR GARAGE CONDOMINIUM
ASSOCIATION, INC. (the "Association"), a corporation not for profit incorporated under
the laws of the State of Florida and organized for the purposes set forth in its Articles of
Incorporation.
1.1
The principal office of the Association shall be a 44 SW 2nd Avenue, Miami,
Florida 33130, or such other place as may be su uently designated by the Board
of Directors.
1.2 The seal of the Association shall be e name o corporation, the word
"Florida", the words "Corporation or Prat", and th year of incorporation.
2 Definitions. For convenience, these By -Laws sh e referred to as the "By -Laws" and the
Articles of Incorporation of the Associatiotras the 'cles". The other terms used in these
By -Laws shall have the same definitions and meang as those set forth in the Declaration
for Regatta Harbour Garage - dominium, unleherein provided to the contrary, or
unless the context otherwi
3 Meetings.
3.1 Annual
each
at the ti
there shall
later than twe
al members' meeting shall be held on November 1st of
r da e determined by the Board of Directors, at the place and
by the Board of Directors from time to time, provided that
al meeting every calendar year and, to the extent possible, no
12) months after the last preceding annual meeting. The purpose
of the meeting shall be, except as provided herein to the contrary, to elect Directors,
and to transact any other business authorized to be transacted by the members, or
as stated in the notice of the meeting sent to Unit Owners in advance thereof. Unless
changed by the Board of Directors, the first annual meeting shall be held in the
month of November following the year in which the Declaration is filed.
3.2 Special Meetings. Special members' meetings shall be held at such place as
provided herein for annual meetings and may be called by the President or by a
majority of the Board of Directors of the Association and must be called by the
President or Secretary upon receipt of a written request from a majority of the
members of the Association. The business conducted at a special meeting shall be
limited to that stated in the notice of the meeting. Special meetings may also be
called by Unit Owners in the manner provided for in the Condominium Act.
By -Laws
1
3.3 Participation by Unit Owners. Subject to reasonable restrictions as may be adopted
from time to time by the Board of Directors, Unit Owners shall have the right to
speak at the annual and special meetings of the Unit Owners, committee meetings
and Board meetings with reference to all designated agenda items.
3.4 Notice of Meeting; Waiver of Notice. Notice of a meeting of members (annual or
special), stating the time and place and the purpose(s) for which the meeting is
called, shall be given by the President or Secretary. A copy of the notice shall be
posted at a conspicuous place on the Condominium Property. Notices of the
meetings of members shall be hand delivered or sent by regular mail to each Unit
Owner, unless the Unit Owner waives in writing the right to receive notice of such
meeting. The delivery or mailing shall be to the address of the member as it appears
on the roster of members. The posting and mailing •f the notice for either special
or annual meetings, which notice shall inclu. .n agenda, shall be mailed or
delivered not less than fourteen (14) days, n. ire than sixty (60) days, prior to
the date of the meeting. Further, the notic .r the annual meeting shall be posted
in a conspicuous place for fourteen (14 ntinuous days 1?receding the meeting.
Notice of specific meetings maybe v efore or after the meeting and the
attendance of any member (or person a rized to vote for such member), either
in person or by proxy, shall constitute su ember's waiver of notice of such
meeting, and waiver of any and all oillias o the place of the meeting, the time
of the meeting or the er in whicrit ha been called or convened, except when
his (or his authorirep sentative's) attendance is for the express purpose of
objecting at the beginning the n, ting to the transaction of business because the
meeting is not lawful' called. Jr
An offi of t e Asso on, or the manager or other person providing notice of
the m ng shall pr ide affidavit or United States Postal Service certificate of
mailing, be includ in the official records of the Association, affirming that
notices of -ti ' s were posted and mailed or hand delivered in accordance with
this Section . he Condominium Act, to each Unit Owner at the appropriate
address for such Unit Owner. No other proof of notice of a meeting shall be
required.
3.5 Quorum. A quorum at members' meetings shall be attained by the presence, either
in person or by proxy (limited or general), of persons entitled to cast thirty percent
(30%) of the membership interests in the Association.
3.6 Voting.
a Number of Votes. For each Unit owned the Owners of Units shall be entitled
to cast the proportionate voting interest calculated in accordance with each
Units fractional or percentage share, as shown in the Declaration. The vote
of a Unit shall not be divisible.
By -Laws
2
b Majority Vote. The acts approved by a majority of the votes present in
person or by proxy at a meeting at which a quorum has been attained shall
be binding upon all Unit Owners for all purposes, except where otherwise
provided by law, the Declaration, the Articles or these By -Laws.
c Voting Member. If a Unit is owned by one person, that person's right to vote
shall be established by the roster of members. If a Unit is owned by more
than one person, those persons (including husbands and wives) shall decide
among themselves as to who shall cast the vote of the Unit. In the event that
those persons cannot so decide, no vote shall be cast. A person casting a
vote for a Unit shall be presumed to have the authority to do so unless the
President or the Board of Directors is otherwise notified in advance. If a
Unit is owned by a corporation, partnership st or other entity, the person
entitled to cast the vote for the Unit sb, be designated by a certificate
signed by an appropriate officer for a corporation, by the general partner for
a partnership or by a trustee for a trust and filed with the Secretary of the
Association. Such person need not be a Unit Owner. Those certificates shall
be valid until revoked or until supersedfl by a subsequent certificate or until
a change in the ownership of the Unit concerned. A certificate designating
the person entitled to cast the vor a Unit may be revoked by any record
owner of an undivided interest in III e -nit. If a certificate designating the
person entitled to cast the vote'Sor arUnit for which such certificate is
required is notpa,,file or has been revoked, the vote attributable to such Unit
shall not be consided in determining whether a quorum is present nor for
any other purpose, and the total number of authorized votes in the
Association shall be reduced accordingly until such certificate is filed. The
Association shall be entitled to rely on any certificate on file and shall not
equired to look outside the document to confirm the validity of any
natures t eon or compliance with any applicable corporate procedures
h may . ay not have been followed. The Association shall be entitled
to : authority and enforceability of any certificate on file and the
signo .ny such certificate shall be deemed to have the authority to bind
the respective corporate entity.
3.7 Proxies. Votes to be cast at meetings of the Association membership may be cast
in person or by proxy. Except as may be permitted by the Condominium Act, Unit
Owners may not vote by general proxy, but may vote by limited proxies
substantially conforming to the limited proxy form approved by the Division. No
voting interest or consent right allocated to a Unit owned by the Association shall
be exercised or considered for any purpose, whether for a quorum, an election, or
otherwise. Limited proxies shall be permitted for votes taken to: waive or reduce
reserves; waive financial reporting requirements; amend the Declaration, Articles
or By -Laws; or for any other matter requiring or permitting a vote of Unit Owners.
Proxy questions relating to waiving or reducing the funding of reserves or using
existing reserve funds for purposes other than purposes for which the reserves were
By -Laws
3
intended shall contain the following statement in capitalized, bold letters in a font
size larger than any other used on the face of the proxy ballot: WAIVING OF
RESERVES, IN WHOLE OR IN PART, OR ALLOWING ALTERNATIVE
USES OF EXISTING RESERVES MAY RESULT IN UNIT OWNER
LIABILITY FOR PAYMENT OF UNANTICIPATED SPECIAL
ASSESSMENTS REGARDING THOSE ITEMS. No proxy, limited or general,
may be used in the election of Board members, unless permitted by the
Condominium Act. General proxies may be used for other matters for which limited
proxies are not required and may also be used in voting for non -substantive changes
to items for which a limited proxy is required and given. A proxy may be made by
any person entitled to vote but shall only be valid for the specific meeting for which
originally given and any lawful adjourned meetings thereof. In no event shall any
proxy be valid for a period longer than 90 days after the date of the first meeting
for which it was given. Every proxy shall be revocle at any time at the pleasure
of the person executing it. A proxy must be in writing, signed by the person
authorized to cast the vote for the Unit (as move described), name the person(s)
voting by proxy and the person authorized
the Secretary before the appointed time
the meeting is adjourned. Each pro
meeting for which it is given and, if
which the proxy holder may vote and
There shall be no limitation
person including a designee o
proxy holder may app in w �' a su
oGote for such person(s) and filed with
e meetin , before the time to which
c • ain the e, time and place of the
proxy, shall set forth the matters on
anner in which the vote is to be cast.
roxies which may be held by any
If a proxy expressly provides, any
titute to act in its place.
3.8 Adjourned Meegs. If any pro ed meeting cannot be organized because a
quorum has not been attained, the members who are present, either in person or by
proxy, ma adjourn th meeting from time to time until a quorum is present,
provide
the g
adj ourn
for reason
tice of the ii y scheduled meeting is given in the manner required for
of notic
eeting
er
f a iTieeting. Except as required above, proxies given for the
all be valid for the newly scheduled meeting unless revoked
the new date of the meeting.
3.9 Order of Business. If a quorum has been attained, the order of business at annual
members' meetings, and, if applicable, at other members' meetings, shall be:
a Collection of election ballots, if any;
b Call to order by President;
c Appointment by the President of a chairman of the meeting (who need not
be a member or a director);
d Proof of notice of the meeting or waiver of notice;
e Appointment of inspectors of election;
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4
f Tabulation of votes for Directors;
g Reading or waiver of reading of minutes;
h Reports of officers;
Reports of committees;
j Unfinished business;
k New business;
1 Adjournment.
1
Such order may be waived in whole or f art 13 direction of the chairman.
3.10 Minutes of Meeting. The minutes of all etings of wners shall be kept in a
book available for inspection by U ' wne or their thorized representatives
and Board members at any reasona t' . The Association shall retain these
minutes for the duration specified in the dominium Act.
3.11 Action Without a Meeting. An to the cd'htrary herein notwithstanding, to the
extent lawful, any actinrequired or which may be taken at any annual or special
meeting of members, may eta en without a meeting, without prior notice and
without a vote if a copse in wting, setting forth the action so taken, shall be
signed by the members or per 'authorized to cast the vote of any such members
as elsewhere herein forth) having not less than the minimum number of votes
that would be necessa authorize or take such action at a meeting of members
at which all member (or uthorized persons) entitled to vote thereon were present
and voted. In order be effective, the action must be evidenced by one or more
written consents describing the action taken, dated and signed by approving
members havithe requisite number of votes and entitled to vote on such action,
and delivered to the Secretary of the Association, or other authorized agent of the
Association. Written consent shall not be effective to take the corporate action
referred to in the consent unless signed by members having the requisite number of
votes necessary to authorize the action within sixty (60) days of the date of the
earliest dated consent and delivered to the Association as aforesaid. Any written
consent may be revoked prior to the date the Association receives the required
number of consents to authorize the proposed action. A revocation is not effective
unless in writing and until received by the Secretary of the Association, or other
authorized agent of the Association. Within ten (10) days after obtaining such
authorization by written consent, notice must be given to members who have not
consented in writing. The notice shall fairly summarize the material features of the
authorized action. A consent signed in accordance with the foregoing has the effect
of a meeting vote and may be described as such in any document.
By -Laws
5
4 Directors.
4.1 Membership. The affairs of the Association shall be governed by a Board of not
less than three (3) nor more than five (5) directors, the exact number to be
determined in the first instance in the Articles, and, thereafter, except as provided
herein, from time to time upon majority vote of the membership. Directors may not
vote at Board meetings by proxy or by secret ballot, except that officers may be
elected by secret ballot.
4.2 Election of Directors. Election of Directors shall be held at the annual members'
meeting, except as herein provided to the contrary. Unless otherwise provided in
the Condominium Act, not less than sixty (60) days prior to a scheduled election,
4.3
the Association shall mail or deliver to each Uni
notice of the date of election. Except for appo
Owners may serve as Directors. Any Unit 0
Board shall give written notice to the Asso
to the scheduled election. Not less than
four (34) days before the election, t
notice of the election meeting to all
with an agenda and a ballot which shall
shall be by written ballot d
g mac
ion n
rteen (14)
wner entitled to vote, a first
es of the Declarant, only Unit
iring to be a candidate for the
s than forty (40) days prior
and no more than thirty -
ion shal ail or deliver a second
ers entitled to vote therein, together
candidates. The election of directors
Elections shall be decided by a
plurality of those ballots and votes castcast4a e shall be no quorum requirement,
however at least 20 pe - i t of the eligible must cast a ballot in order to have
a valid election of r . : of theoard. There shall be no cumulative voting.
Notwithstanding the provisions of this Section 4.2, an election and balloting are not
required u s more ca didates file notices of intent to run than vacancies exist on
the Boa
Vacanc
a Excep . to vacancies resulting from removal of Directors by members,
vacancies in the Board of Directors occurring between annual meetings of
members shall be filled by the remaining Directors at any Board meeting,
provided that all vacancies in directorships to which Directors were
appointed by the Declarant pursuant to the provisions of paragraph 4.13
hereof shall be filled by the Declarant without the necessity of any meeting.
b Any Director elected by the members (other than the Declarant) may be
removed by concurrence of a majority of the voting interests of the members
at a special meeting of members called for that purpose or by written
agreement signed by a majority of all voting interests. The vacancy in the
Board of Directors so created shall be filled in accordance with the
procedures specified in the Condominium Act.
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6
c Anything to the contrary herein notwithstanding, until a majority of the
Directors are elected by members other than the Declarant of the
Condominium, neither the first Directors of the Association, nor any
Directors replacing them, nor any Directors named by the Declarant, shall
be subject to removal by members other than the Declarant. The first
Directors and Directors replacing them may be removed and replaced by
the Declarant without the necessity of any meeting.
d If a vacancy on the Board of Directors results in the inability to obtain a
quorum of directors in accordance with these By -Laws, any Owner may
apply to the Circuit Court within whose jurisdiction the Condominium lies
for the appointment of a receiver to manage the affairs of the Association in
accordance with the procedures specified in the Condominium Act.
e A Director or officer more than ninety (90) days delinquent in the payment
of regular assessments shall be deemed to have abandoned the office,
creating a vacancy in the office to be filled according to law.
f A Director or officer charge. th a •ny theftr embezzlement offense
involving the Association's fu o operty shall be removed from office,
creating a vacancy in the office filled according to law. While such
Director or officer ha imin. arge pending, he or she may not be
appointed or elected to . os - a • irector or officer. However, should
the charges be olved •ut a coding of guilt, the Director or officer
shall be rein e� r the ainder of his or her term of office, if any.
4.4 Term. Except as provided herthe contrary, the term of each Director's service
shall extend until the n xt annual meeting of the members and subsequently until
his success is ed and has taken office, or until he is removed in the
manner elsewher- '.rov ded. Notwithstanding the foregoing, any Director
designa _ . y the D larant shall serve at the pleasure of the Declarant and may be
removed a -p d by the Declarant at any time.
4.5 Organizational Meeting. The organizational meeting of newly elected or appointed
Directors shall be held within ten (10) days of their election or appointment. The
directors calling the organizational meeting shall give at least two (2) days advance
notice thereof, stating the time and place of the meeting, and shall conspicuously
post notice of the meeting for forty-eight (48) continuous hours preceding the
meeting.
4.6 Meetings. Meetings of the Board of Directors may be held at such time and place
as shall be determined, from time to time, by a majority of the Directors. Notice of
meetings shall be given to each Director, personally or by mail, telephone or
facsimile, and shall be transmitted at least three (3) days prior to the meeting.
Meetings of the Board of Directors and any Committee thereof at which a quorum
By -Laws
7
of the members of that Committee are present shall be open to all Unit Owners
except as otherwise provided in the Condominium Act.
The right to attend such meetings includes the right to speak at such meetings with
respect to all designated agenda items. The Association may adopt reasonable rules
governing the frequency, duration and manner of Unit Owner statements. Adequate
notice of such meetings, which notice shall specifically incorporate an
identification of agenda items, shall be posted conspicuously on the Condominium
Property at least forty-eight (48) continuous hours preceding the meeting, except in
the event of an emergency. If twenty percent (20%) of the voting interests petition
the Board to address an item of business, the Board shall at its next regular Board
meeting or at a special meeting of the Board, but not later than sixty (60) days after
the receipt of the petition, place the item on the agenda. Any item not included on
the notice of meeting may be taken up on an emerupcy basis by at least a majority
plus one of the members of the Board. Such emerncy action shall be noticed and
ratified at the next regular meeting of the Board. Notwithstanding the foregoing,
written notice of any meeting of the Board at which non -emergency special
assessments, or at which amendment to rules regarding unit use, will be considered
shall be mailed or delivered to all Unit Ownefs and posted conspicuously on the
Condominium Property not less than fourteen (14) days prior to the meeting.
Evidence of compliance with this fourteen (14) day notice shall be made by an
affidavit executed by the person providing th notice and filed among the official
records of the Association. Special meetings oT the Directors may be called by the
President, and must b ed by the President or Secretary at the written request of
one-third (1/3) of t. err: ers orhere required by the Condominium Act.
4.7 Waiver of Notice. An Director may waive notice of a meeting before or after the
meeting as - r shall be deemed equivalent to the due receipt by said
Directo notrc. tte ce by any Director at a meeting shall constitute a waiver
of no of such m, ing, and a waiver of any and all objections to the place of the
meetin_, the time •f the meeting or the manner in which it has been called or
convened, e s 'hen a Director states at the beginning of the meeting, or
promptly upoival at the meeting, any objection to the transaction of affairs
because the meeting is not lawfully called or convened.
4.8 Quorum. A quorum at Directors' or Committee meetings shall consist of a majority
of the entire Board of Directors or Committee Members, as applicable. The acts
approved by a majority of those present at a meeting at which a quorum is present
shall constitute the acts of the Board of Directors, except when approval by a greater
number of Directors is specifically required by the Declaration, the Article or these
By -Laws.
4.9 Adjourned Meetings. If, at any proposed meeting of the Board of Directors, there
is less than a quorum present, the majority of those present may adjourn the meeting
from time to time until a quorum is present, provided notice of such newly
scheduled meeting is given as required hereunder.
By -Laws
8
4.10 Written Approval of Meetings. The written approval of a Director of the action of
a meeting by signing and concurring in the minutes of that meeting shall constitute
the approval of that Director of the business conducted at the meeting, but such
approval shall not allow the applicable Director to be counted as being present for
purposes of quorum and shall not be used as a vote for or against action taken at
such meeting.
4.11 Presiding Officer. The presiding officer at the Directors' meetings shall be the
President (who may, however, designate any other Unit Owner to preside).
4.12 Committees. The Board may by resolution also create Committees and appoint
persons to such Committees and vest in such Committees such powers and
responsibilities as the Board shall deem advisable.
4.13 Proviso. Notwithstanding anything to the contrary contained in these By -Laws, the
Board shall consist of three directors during the period that the Declarant is entitled
to appoint a majority of the Directors, as hereinafter provided. The Declarant shall
have the right to appoint all of the embers the Board of Directors until Unit
Owners other than the Declarant owl fift percent (15%) or more of the Units
that will be operated ultimatel by the Association. When Unit Owners other than
the Declarant own fifteen pe
ultimately by the Association,
entitled to elect not les& than
Directors. Unit Owners othr tha
of the members o = he
%) or move of the Units that will be operated
nerrs other than the Declarant shall be
ird /3) of the members of the Board of
e Declarant are entitled to elect not less than a
majority
Bo. of Directors (a) three years after fifty percent
(50%) of the Units that willUilrerated ultimately by the Association have been
conveyed to purchasers- (b) three months after ninety percent (90%) of the Units
that will be operatedmately by the Association have been conveyed to
purchasers; (c) whe al of the Units that will be operated ultimately by the
Association have bees completed, some of them have been conveyed to purchasers,
and none of the others are being offered for sale by the Declarant in the ordinary
course of business; (d) when some of the units have been conveyed to purchasers,
and none of the others are being constructed or offered for sale by the Declarant in
the ordinary course of business, or (e) seven (7) years after recordation of the
Declaration of Condominium in the public records, whichever occurs first. The
Declarant is entitled (but not obligated) to elect at least one (1) member of the Board
of Directors as long as the Declarant holds for sale in the ordinary course of
business five percent (5%) of the Units that ultimately will be operated by the
Association. Following the time the Declarant relinquishes control of the
Association, the Declarant may exercise the right to vote any Declarant -owned
Units in the same manner as any other Unit Owners except for purposes of
reacquiring control of the Association or selecting the majority members of the
Board of Directors.
Within seventy-five (75) days after the Unit Owners other than the Declarant are
By -Laws
9
entitled to elect a member or members of the Board of Directors, the Association
shall call, and give not less than sixty (60) days' notice of, a meeting of the Unit
Owners to elect such member or members of the Board of Directors. The meeting
may be called and the notice given by the Unit Owners if the Association fails to
do so.
At the time Unit Owners other than the Declarant elect a majority of the members
of the Board of Directors of the Association the Declarant shall relinquish control
of the Association and shall deliver to the Association all property of the Unit
Owners and of the Association held or controlled by the Declarant as specified in
the Condominium Act. Not more than ninety (90) days after such event, Declarant
shall also deliver all financial records as required by the Condominium Act.
5 Authority of the Board.
5.1 Powers and Duties. The Board of Directors shall have the powers and duties
necessary for the administration of the affairs of the Association and may take all
acts, through the proper officers of the ssociation, in executing such powers,
except such acts which by law, the D claratio the Artic s or these By -Laws may
not be delegated to the Board of Dir ctors the Unit Owners. Such powers and
duties of the Board of Directors shall in e, without limitation, the following:
a Operating, improving, ntaining all Common Elements and
the Associatio
b Exercisi a) al ,powers �ecifically set forth in the Declaration, the
Articles, t - _ . in Chapters 718 and 617 of the Florida Statutes;
an. , b) all powers incidental thereto.
6 Officers.
6.1 Executive . 'ce e executive officers of the Association shall be a President,
a Vice Presi . : a Treasurer and a Secretary (none of whom need be Directors),
all of whom shall be elected by the Board of Directors and who may be
peremptorily removed at any meeting by concurrence of a majority of all of the
Directors. A person may hold more than one office, except that the President may
not also be the Secretary. No person shall sign an instrument or perform an act in
the capacity of more than one office. The Board of Directors from time to time shall
elect such other officers and designate their powers and duties as the Board shall
deem necessary or appropriate to manage the affairs of the Association. Officers,
other than designees of the Declarant, must be Unit Owners (or authorized
representatives of corporate/partnership/trust Unit Owners).
6.2 President. The President shall be the chief executive officer of the Association. He
shall have all of the powers and duties that are usually vested in the office of
president of an association.
By -Laws
10
6.3 Vice -President. The Vice -President shall exercise the powers and perform the
duties of the President in the absence or disability of the President. He also shall
assist the President and exercise such other powers and perform such other duties
as are incident to the office of the vice president of an Association and as may be
required by the Directors or the President.
6.4 Secretary. The Secretary shall keep the minutes of all proceedings of the Directors
and the members. The Secretary shall attend to the giving of all notices to the
members and Directors and other notices required by law. The Secretary shall have
custody of the seal of the Association and shall affix to instruments requiring the
seal when duly signed. The Secretary shall keep the records of the Association,
which may include those of the Treasurer, and perform all other duties incident to
the office of the secretary of an association and as ' y be required by the Directors
or the President.
6.5 Treasurer. The Treasurer shall have cust. . - of a 1property of the Association,
including funds, securities and evidenc= indebtedness. The Treasurer shall keep
books of account for the Association ' . ccor. ce with good accounting practices,
which, together with substantiating p s all be made available to the Board of
Directors for examination at reasonames. The Treasurer shall submit a
treasurer's report to the Boars -tors . . sonable intervals and shall perform
all other duties incident to the -a rer and as may be required by the
Directors or the President. All s another valuable effects shall be kept for
the benefit of the Asoci ion i . uch depositories as may be designated by a
majority of the :..e rd of
6.6 Declarant ; te-. ntil such time as the Declarant relinquishes control of the
Assoc'. ' to 1 , no officer appointed by the Declarant may be removed
exce. provide. 'n -ction 4.13 hereof and by law. Notwithstanding any
languag. the co s ry, the officers appointed by Declarant may be replaced by
the Declar. i t the necessity of any meeting.
7 Compensation. Neither Directors nor officers shall receive compensation for their services
as such, but this provision shall not preclude the Board of Directors from employing a
Director or officer as an employee of the Association, nor preclude contracting with a
Director or officer for the provision of a service to the Association.
8 Resignation. Any Director or officer may resign his post at any time by written resignation,
delivered to the President or Secretary, which shall take effect upon its receipt unless a
later date is specified in the resignation, in which event the resignation shall be effective
from such date unless withdrawn. The acceptance of a resignation shall not be required to
make it effective. The conveyance of all Units owned by any Director or officer (other than
appointees of the Declarant or officers who are not required to be Unit Owners) shall
constitute a written resignation of such Director or officer.
By -Laws
11
9 Fiscal Management. The provisions for fiscal management of the Association set forth in
the Declaration and Articles shall be supplemented by the following provisions:
9.1 Fiscal Year. The fiscal year of the Association shall be the calendar year unless
otherwise designated in the discretion of the Board of Directors.
9.2 Budget.
a Adoption by Board; Items. The Board of Directors shall from time to time,
and at least annually, prepare a budget for the Association (which shall
detail all accounts and items of expense and contain at least all items
required by the Condominium Act), determine the amount of Assessments
payable by the Unit Owners to meet the expenses of the Association and
allocate and assess such expenses against Unit Owners in accordance
with the provisions of the Declaration. In addition, if the Association
maintains limited common elements 41 the cost to be shared only by those
entitled to use the limited comm Welements, the budget or a schedule
attached thereto shall show a
annual operating expenses,
capital expenditures and def
law). Reserves shall not be requi
by a majority vote at a dtily,calle
specific fiscal year to provide
required hereb
Prior to
Declaran
of
ocia
recorded,
e vote of
ants budgete4Ltherefor. In addition to
ud' ; shall inc de reserve accounts for
ntenance (to the extent required by
f the members of the Association have,
ting of members, determined for a
rs rues or reserves less adequate than
sfer of control of the Association to Unit Owners other than the
eclarant way vote to waive reserves or reduce the funding
for the first two (2) fiscal years of operation of the
ing with the fiscal year in which the initial Declaration
ter vdhich time, reserves may only be waived or reduced upon
ajority of non -Declarant voting interests present at a duly
called meg of the Association. Any vote to waive or reduce reserves
shall be effective for only one (1) annual budget and a new vote shall be
taken each fiscal year that a waiver or reduction shall apply to the current
budget. If a meeting of Unit Owners has been called to determine to provide
no reserves or reserves less adequate than required, and such result is not
attained or a quorum is not attained, the reserves, as included in the budget;
shall go into effect.
The adoption of a budget for the Association shall comply with the
requirements hereinafter set forth:
Notice of Meeting. A copy of the proposed budget of Common
Expenses shall be mailed or hand delivered to each Unit Owner not
less than fourteen (14) days prior to the meeting of the Board of
Directors at which the budget will be considered, together with a
By -Laws
12
notice of that meeting Indicating the time and place of such meeting.
ii Special Membership Meeting. If a budget is adopted by the Board
of Directors which requires Assessments against such Unit Owners
in any year exceeding one hundred fifteen percent (115%) of such
Assessments for the preceding year, as hereinafter defined, upon
written application of ten percent (10%) of all voting Interests
received within twenty-one (21) days after adoption of the budget, a
special meeting of the Unit Owners shall be held within sixty (60)
days after adoption of the budget. Each Unit Owner shall receive, at
least fourteen (14) days prior to such special meeting, notice of said
meeting hand delivered to each Unit Owner or mailed to each Unit
Owner at the address last furnished to the Association. At the special
meeting, Unit Owners shall cons
adoption of said budget shall re
than 51 % of all voting inter
Declarant). If a meeting 4 a e U
aforesaid and a quorum is not obtained
been adopted by the Unit Ow s, the bu
r and adopt a budget. The
a vote of Owners of not less
cluding Units owned by the
wners has been called as
substitute budget has not
et adopted by the Board
of Directors shall go into efas scheduled.
iii Determination of Budget A t. In determining whether a budget
requires Assessments ag t nit Owners in any year exceeding
one hndred fifteen perc nt (115%) of Assessments for the
preceding yar, there shall be excluded from the computations any
authorized provisions for reasonable reserves made by the Board of
Directors in respect of repair or replacement of the Condominium
Property or in respect of anticipated expenses of the Association
which are of anticipated to be incurred on a regular or annual basis,
and ere'shall be excluded further from such computation
Assessments for improvements to the Condominium Property.
b Adoptirrby Membership. In the event that the Board of Directors shall be
unable to adopt a budget for a fiscal year in accordance with the
requirements of Section 9.2(a) above, the Board of Directors may call a
special meeting of Unit Owners for the purpose of considering and adopting
such budget, which meeting shall be called and held in the manner provided
for such special meetings in said subsection, or propose a budget in writing
to the members, and if such budget is adopted by the members, upon
ratification by a majority of the Board of Directors, it shall become the
budget for such year.
9.3 Assessments. Assessments against Unit Owners for their share of the items of the
budget shall be made for the applicable fiscal year annually at least twenty (20)
days preceding the year for which the Assessments are made. Such Assessments
shall be due in equal installments, payable in advance on the first day of each month
By -Laws
13
(or each quarter at the election of the Board) of the year for which the Assessments
are made. If annual Assessments are not made as required, Assessments shall be
presumed to have been made in the amount of the last prior Assessments, and
monthly (or quarterly) installments on such Assessments shall be due upon each
installment payment date until changed by amended Assessments. In the event the
annual Assessments prove to be insufficient, the budget and Assessments may be
amended at any time by the Board of Directors, subject to the provisions of Section
9.2 hereof, if applicable. Unpaid Assessments for the remaining portion of the fiscal
year for which amended Assessments are made shall be payable in as many equal
installments as there are full months (or quarters) of the fiscal year left as of the
date of such amended Assessments, each such monthly (or quarterly) installment
to be paid on the first day of the month (or quarter), commencing the first day of
the next ensuing month (or quarter). If only a partial month (or quarter) remains,
the amended Assessments shall be paid with the xt regular installment in the
following year, unless otherwise directed by the and in Its resolution.
9.4 Special Assessments. Special Assessments may levied as provided in the
Declaration and shall be paid in such manner as the Board of Directors of the
Association may require in the notice of such Assessmnts. The funds collected
pursuant to a Special Assessment shall be used only for the specific purpose or
purposes set forth in the notice of adoption of same. However, upon completion of
such specific purpose or purposes; any excess funds will be considered Common
Surplus, and may, at the discretion of the Board, either be returned to the Unit
Owners or applied as dit towards future assessments.
9.5 Depository. Theositor of the Association shall be such bank or banks in the
State of Florida as shall be designated from time to time by the Directors and in
which the s. 'es of the ssociation shall be deposited. Withdrawal of monies from
those a s is shbe de only by checks signed by such person or persons as
are aDire tors.
9.6 Late Char es and cceleration of Installments Upon Default. Assessments and
installments thereof not paid within ten (10) days from the date when they are due
shall bear interest at the highest lawful rate from the date due until paid. In addition
to the above stated interest, the Association may charge an administrative late fee
in an amount not to exceed the highest amount provided for in the Condominium
Act (as it may be amended from time to time) on Assessments and installments
thereof not paid when due. As an additional right and remedy of the Association,
upon default in the payment of Assessments as aforesaid and after a claim of lien
is filed and forty-five (45) days prior written notice has been provided to the
applicable Owner, the Association may declare the Assessment installments for the
remainder of the budget year to be accelerated and such amount shall thereupon be
immediately due and payable.
9.7 Fidelity Bonds. The Association shall obtain and maintain adequate insurance or
fidelity bonding of all persons who control or disburse funds of the Association.
By -Laws
14
The insurance policy or fidelity bond must cover the maximum of funds that will
be in the custody of the Association or its management agent at any one time. As
used in this paragraph, the term "persons who control or disburse funds of the
association" includes, but it is not limited to, those individuals authorized to sign
checks and the President, Secretary, and Treasurer of the Association. The
Association shall bear the cost of bonding.
9.8 Accounting Records and Reports. The Association shall maintain accounting
records in the State, according to accounting practices normally used by similar
associations. The records shall be open to inspection by Unit Owners or their
authorized representatives at reasonable times and written summaries of them shall
be supplied at least annually. The records shall include, but not be limited to: (a) a
record of all receipts and expenditures, and (b) an account for each Unit designating
the name and current mailing address of tinit Owner, the amount of
Assessments, the dates and amounts in whicl Assessments come due, the
amount paid upon the account and the dates so paid, and the balance due. Written
summaries of the records described in clause (a) above, in the form and manner
specified below, shall be supplied to each Unit Owner annually.
Within ninety (90) days following th! nd the fiscal year, the Board shall mail,
or furnish by personal delivery, to each Un t Owner either (a) a complete financial
report of actual receipts and expenditures the previous fiscal year; or (b) a
complete set of financial statements for preceding fiscal year prepared in
accordance with gen acc ted acco nting principles, unless the Division
adopts alternate standard n w h case such standards shall be followed; or (c)
such other financial repo may e required by Section 718.111(13) of the Florida
Statutes for the previou °r. The report shall show the amount of receipts
by accounts and receip tj‘
classifications and shall show the amount of expenses by
accounts and expense clfications, including, if applicable, but not limited to, the
following:
a Co ' or • rity;
b
c
d
e
f
g
h
Professional and management fees and expenses;
Taxes;
Costs for recreation facilities;
Expenses for refuse collection and utility services;
Expenses for lawn care;
Costs for building maintenance and repair;
Insurance costs;
By -Laws
15
j
Administrative and salary expenses; and
Reserves for capital expenditures, deferred maintenance and any other
category for which the Association maintains a reserve account or accounts.
9.9 Application of Payment. All payments made by a Unit Owner shall be applied as
provided in these By -Laws and in the Declaration or as otherwise determined by
the Board.
9.10 Notice of Meetings. Notice of any meeting where Assessments against Unit Owners
are to be considered for any reason shall specifically contain a statement that
Assessments will be considered and the nature of any such Assessments.
10 Roster of Unit Owners. Each Unit Owner shall file with Association a copy of the deed
or other document showing his ownership. Th ciation shall maintain such
information. The Association may rely upon . ccura• •f such information for all
purposes until notified in writing of changes th n as provi.. bove. Only Unit Owners
of record on the date notice of any meeting requirin eir vote i given shall be entitled to
notice of and to vote at such meeting, unless‘prior uch meeting other Unit Owners shall
produce adequate evidence, as provided above, eir interest and shall waive in writing
notice of such meeting.
11 Parliamentary Rules. Except spe y or mpliedly waived by the chairman of a
meeting (either of membe For di ctor Robert's Rules of Order (latest edition) shall
govern the conduct o e As ociati meetings when not in conflict with the
Condominium Act, the Declaration, the ',tides or these By -Laws; provided, however, that
a strict or technical reading of said Robert's Rules shall not be made so as to frustrate the
will of the pers►.'properly participating in said meeting.
12 Amendments.
may be amended
t as m
of
e provided in the Declaration to the contrary, these By -Laws
wing manner:
12.1 Notice. Notice of the subject matter of a proposed amendment shall be included in
the notice of a meeting at which a proposed amendment is to be considered.
12.2 Adoption. A resolution for the adoption of a proposed amendment may be proposed
either by a majority of the Board of Directors or by not less than one third (1/3) of
the members of the Association. The approval must be by not less than a majority
of the votes of all members of the Association represented at a meeting at which a
quorum has been attained.
12.3 Proviso. No amendment may be adopted which would eliminate, modify, prejudice,
abridge or otherwise adversely affect any rights, benefits, privileges or priorities
granted or reserved to the Declarant or mortgagees of Units without the consent of
said Declarant and mortgagees in each instance. Any consent required of
By -Laws
16
mortgagees of Units shall not be unreasonably withheld. No amendment shall be
made that is in conflict with the Articles or Declaration. No amendment to this
Section shall be valid.
12.4 Execution and Recording. A copy of each amendment shall be attached to a
certificate certifying that the amendment was duly adopted as an amendment of
these By -Laws, which certificate shall be executed by the President or Vice -
President and attested by the Secretary or Assistant Secretary of the Association
with the formalities of a deed, or by the Declarant alone if the amendment has been
adopted consistent with the provisions of the Declaration allowing such action by
the Declarant. The amendment shall be effective when the certificate and a copy of
the amendment is recorded in the Public Records of this County with an
identification on the first page of the amendment of the Records Book and Page of
said Public Records where the Declaration is record.
13 Official Records. The official records of the Ass
Association's office or such other location withi
Directors in accordance with the requiremen
Association shall be open to inspection b
representative of such member at all reasona
of the Condominium Act. The right to inspect
obtain copies, at a reasonable expense, if may, of th
may adopt reasonable rules regarding the time, loc
inspections and copying.
14 Disputes. Without limi
those disputes which ar
specified in Secti
forth therein.
15 Construction.
plural shall inclu
genders.
'ation shall be maintained in the
state as designated by the Board of
the Act. official records of the
ciation mber or the authorized
in accordance with the requirements
records includes the right to make or
sociation member. The Association
tion, notice and manner of record
any ot6 er remmies which may be available in law or equity,
v-riled bdatory non -binding arbitration proceedings as
Florida Statutes shall be governed by the procedures set
ontext so permits, the singular shall include the plural, the
lar, and the use of any gender shall be deemed to include all
16 Captions. The captions herein are inserted only as a matter of convenience and for reference
and in no way define or limit the scope of these By -Laws or the intent of any provision
hereof.
17 Certificate of Compliance. A certificate of compliance from a licensed electrical contractor
or electrician may be accepted by the Board of Directors as evidence of compliance of the
Units to applicable fire and life safety code.
18 Limited Power to Convey. The Association shall have a limited power to convey a portion
of the Common Elements to a condemning authority for the purpose of providing utility
easements, right-of-way expansion, or other public purposes, whether negotiated or as a
result of eminent domain proceedings.
By -Laws
17
The foregoing was adopted as the By -Laws of Regatta Harbour Garage Condominium
Association, Inc., a Florida corporation not for profit, as of the day of
2021.
Arthur Noriega V, President
ema Casamayor, Vice -President
By -Laws
18
EXHIBIT "B"
REGATTA HARBOUR ARAGE
CONDOMINIUM
BOUND-I-LI?YSIT_IME-Y1
REGATTA HARBOUR GARAGE
FOR: CITY OF MIAMI
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ORDER No.
03-87195
SHEET No.
1 of 19
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CERTIFICATION:
I hereby certify that the attached "Boundary Survey" for REGATTA HARBOUR GARAGE was
prepared under my responsible charge, in accordance with the Standards of Practice for
Surveying and Mapping as described in Chapter 472.027, Florida Statutes and Standards for
Surveys, as described in Chapter 5J-17, Florida Administrative Code, as set forth by the
Florida Board of Professional Surveyors and Mappers.
We further certify, that the construction of the improvement
is not substantially complete so that the material, togeth
declaration describing the condominium property, is an
and dimensions of the improvements and so that the -nti
of the common elements and of each unit can be rmine
for REGATTA HARBOUR GARAGE
ith the provisions of the
to representation of the location
ion, location, and dimensions
m these materials.
Not valid without the original signature and seal Licensed Surveyor and Mapper.
Biscayne Engineering Company, Inc.
529 West Flagler Street
Miami, Florida 33130
(305)-324-7671
Florida Department of Agricultur
Division of Consumer Services
Board of Professional Sury
License No.: LB129
Job No. 03-87195
Survey Date: 9/20/2021
'Win
ppers
ervices
Alberto J. Rabionet, PSM
Professional Surveyor and Mapper No. 7218
State of Florida
REGATTA HARBOUR GARAGE
FOR: CITY OF MIAMI
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APPROVED BY: AJR
ORDER No.
03-87195
SHEET No.
2 of 19
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BOUNDATI .v/Ev
REGATTA H ®B GARAGE
COMINIUM
REGATTA HARBOUR GARAGE
FOR: CITY OF MIAMI
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APPROVED BY: AJR
ORDER No.
03-87195
SHEET No.
3 of 19
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SURVEYOR'S NOTES:
— This site lies in Section 22, Township 54 South Ran • . ast, Miami —Dade County, Florida.
— Bearings shown hereon are assumed and ar •ce• the Northerly Right —of —Way line of Pan American DR., having a bearing of
N4414'33"W.
— Lands shown hereon are located in Fed Flood Zo "AE levation 13 Feet, per FIRM Map Number 12806C0476L, Suffix L,
Community Name: CITY OF MIAMI, Commun , umber: 1 •50, Revised: September 11, 2009.
— Right —of —Way lines do no represent an op • of ow ship by Biscayne Engineering Company, Inc.
— Measurements of as —built conditions to thes= •its re obtained on 09/20/2021.
— Condominium Unit limits are measured to the face of demising walls and to the interior face of exterior walls.
— Dimensions indicated hereon are field measured ng electronic distance measurement (EDM) and metal tape, unless otherwise noted.
— Features shown hereon were determined by client's representative.
— No attempt was made by the surveyor to determine mineral rights ownership and/or rights —of —entry appurtenant thereto.
— Ties from boundary lines to building are to the exterior face of the building's perimeter walls; underground foundation encroachments
not located or shown.
— No underground utilities are shown hereon.
— The accuracy of the survey measurements shown hereon is based on the type of survey and expected use of the survey. redundant
measurements and computation records substantiate the survey map. redundancy of measurements was obtained by multiple occupations
of found and set control points. these methods have been tested by biscayne engineering and are found to have an expected accuracy
of ± 0.07 feet horizontally, t 0.03 feet vertically on hard surfaces, and t 0.1 feet vertically on soft surfaces.
REGATTA HARBOUR GARAGE
FOR: CITY OF MIAMI
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APPROVED BY: AJR
ORDER No.
03-87195
SHEET No.
4 of 19
2327-SS-11
II 23.00'
R=15.00'
kr=51'06'28"
L=13.38'
N51'49129"W _77°00'
27.0
M
0
000
M
z
27.00
CON M
z'D
4)
M
0
C4
el co
z10
N3810'31 "E
39.60'
50.00'
R=85.00'
6=17'53'48"
L=26.55'
IIIR=70.00'
&17'53'48"
L=21.86'
EDIAN
4.50
R=70.00'
b22'24'39"
L=27.38'
=RI 45.00'
913'52"
L=7.25'
N38'10'031.83"E
6
7.00' IIIIII
0.00' II .!.1..
S44 34'37"E L
S44°34'33"E C,- pia Fn
177.62' ` _-
P.O°B' P.O.
PARCEL 5
FND IP&C Rc?S/�,,
LB 87 �?S ° •
/'
•.05 11. �4 S?.
38,
PB 8j &C
sf
c� W
M)
17
000,1
zt0
{P.O.0
W,,ERSEClION OF
CITY MONUMENT
LINES OF SW 27Th
AVE W/ S BAY
SHORE
FND
MN&W
LB 87
0.1 E
PL.
FND
MN&W
LB 87
0.1 E
- - ASPHALT
/
1.0'
BOUNDARY' S URVIEJY
POE '
��. NOR ♦ j'
HISTORIC R/W LINE AS SHOWN ON BOUNDARY
SURVEY "DINNER KEY CONVENTION CENTER'S
ASJACENT PARKING LOT' PREPARED BY GOLD
COAST ENGINEERING CONSULTANTS INC. DATED
SEPTEMBER 30, 1099
PAN AMERICAN DRIVE
0
0
to
t
MEDIAN
i
9 YNE
GRAPHIC SCALE
too
( IN FEET )
1 INCH = 50 FT.
ABBREVIATIONS
(c)
(L)
FND
MN&W
IP&C
HNDRL
PL.
R/W
AVE.
P. 0. B.
P. 0. C.
R
0
= COMPUTED FROM
FIELD MEASUREMENTS
= PER LEGAL DESCRIPTION
= FOUND
MAGNETIC NAIL AND WASHER
IRON PIPE & CAP
HAND RAIL
PLANTER
RIGHT—OF—WAY
AVENUE
= POINT OF BEGINNING
= POINT OF COMMENCEMENT
= RADIUS
= LENGTH
= DELTA
LEGEND
BOUNDARY LINE
CENTER LINE
MONUMENT LINE
BUILDING OVERHANG
CONCRETE
BUILDING LIMITS
BRICK
REGATTA HARBOUR GARAGE
FOR: CITY OF MIAMI
0,
APPROVED BY: AJR
ORDER N.
03-87195
SHEET No.
5 of 19
2327-SS-11
i
i
s1''"
d
15.5
P ,N9*
so tso
.01\. sicPS
SpD
\ N°
y..5bn7N �Gi o9O\.D.. EMS FNO
ob
v'I '56 " MNa
5 g (G
65S�y
-/
�y,�5 � 0,I
.z
HISTORIC R/W LINE AS SHOWN ON BOUNDARY
SURVEY "DINNER KEY CONVENTION
CENTER'S
COAST PAR ENGINEERING LOT.. PREPARED
CONSULTANTS INC.BY AGED
SEPTEMBER 30,DATED
1999.
ASPHALT
PAN AMERICAN DRIVE
S44 48'55"E
53.59'
S13'17 E
1.68'
R=19.25'
ti=57 48'06"
L=19.42
BO !UNWARY S U VE'Y
4430'27"E
10.37
GRAPHIC SCALE
100
( IN FEET )
1 INCH = 50 FT.
TV
4
LEGEND
MONUMENT LINE
BENCH
CENTER LINE
CATCH BASIN
COMMUNICATION BOX
BIKE RACK
FIRE HYDRANT
SANITARY SEWER MANHOLE
WATER VALVE
WIRE PULL BOX
SIGN
TELEPHONE MANHOLE
LIGHT POLE
CABLE BOX
FLOOD LIGHT
SEWER VALVE
MANHOLE ELECTRIC
CLEANOUT
GREASE TRAP
FDMN&W
0,01 E
N09'45'27"E
9.8 '
DC.
N5149'05"E
2.57'
LAB 8 MN&W
0.04 S
REGATTA HARBOUR GARAGE
FOR: CITY OF MIAMI
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APPROVED BY: AJR
WN
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ORDER N.
03-87195
SHEET No.
6 of 19
2327-SS-11
REGATTA HARBOUR GARAGE CONDOMINIUM
BOUNDARY SURVEY
VERY
LEGAL DESCRIPTION OF THE CONDOMINIUM:
A PORTION OF TRACT "A"OF DINNER KEY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAY BOOK 34, PAGE 2 OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE CITY MONUMENT LINES OF SW. 27TH AVENUE WITH SOUTH BAY SHORE DRIVE AS SHOWN ON
SAID PLAT OF DINNER KEY; THENCE NORTH 38 DEGREES 10 MINUTES 31 SECONDS EAST, ALONG THE MONUMENT LINE OF SAID
BAYSHORE DRIVE, FOR A DISTANCE OF 632.12 FEET; THENCE SOUTH 44 DEGREES 34 MINUTES 37 SECONDS EAST, ALONG THE
NORTHWESTERLY EXTENSION OF THE HISTORIC RIGHT-OF-WAY LINE AS SHOWN ON THAT BOUNDARY SURVEY DINNER KEY CONVENTION
CENTER'S ADJACENT PARKING LOT" PREPARED BY GOLD COAST ENGINEERING CONSULTANTS INC DATED SEPTEMBER 30, 1999, FOR A
DISTANCE OF 77.62 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND; THENCE NORTH 38 DEGREES
10 MINUTES 31 SECONDS EAST, ALONG A LINE PARALLEL WITH AND 77.00 FEET SOUTHEASTERLY OF, AS MEASURED AT RIGHT ANGLES
TO, THE MONUMENT LINE OF SAID BAYSHORE DRIVE, FOR A DISTANCE OF 60.83 FEET TO A POINT ON A CURVE; SAID POINT BEARS
NORTH 38 DEGREES 38 MINUTES 40 SECONDS WEST, FROM THE RADIUS POINT OF THE NEXT DESCRIBED CIRCULAR CURVE CONCAVE TO
THE SOUTHEAST AND HAVING A RADIUS OF45.00 FEET; THENCE ALONG SAID CURVE TO THE RIGHT FOR AN ARC DISTANCE OF 7.25
FEET THROUGH A CENTRAL ANGLE OF 9 DEGREES 13 MINUTES 50 SECONDS TO A POINT OF REVERSE CURVATURE WITH A CIRCULAR
CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 70.00 FEET; THENCE ALONG SAID CURVE TO THE LEFT FOR AN ARC
DISTANCE OF 27.38 FEET THROUGH A CENTRAL ANGLE OF 22 DEGREES 24 MINUTES 39 SECONDS TO A POINT OF TANGENCY; THENCE
NORTH 38 DEGREES 10 MINUTES 31 SECONDS EAST, ALONG A LINE PARALLEL WITH AND 84.50 FEET SOUTH EASTERLY OF, AS
MEASURED AT RIGHT ANGLES TO, THE MONUMENT LINE OF SAID BAYSHORE DRIVE, FOR A DISTANCE OF 74.33 FEET TO A POINT OF
CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 70.00 FEET; THENCE ALONG SAID
CURVE TO THE LEFT FOR AN ARC DISTANCE OF 21.86 FEET THROUGH A CENTRAL ANGLE OF 17 DEGREES 53 MINUTES 48 SECONDS TO
A POINT OF REVERSE CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 85.00 FEET;
THENCE ALONG SAID CURVE TO THE RIGHT FOR AN ARC DISTANCE OF 26.55 FEET THROUGH A CENTRAL ANGLE OF 17 DEGREES 53
MINUTES 48 SECONDS TO A POINT OF TANGENCY (THE LAST MENTIONED FIVE COURSES BEING ALONG THE EXISTING BACK OF WALK OF
SAID BAYSHORE DRIVE); THENCE NORTH 38 DEGREES 10 MINUTES 31 SECONDS EAST, ALONG A LINE PARALLEL WITH AND 77.00 FEET
SOUTHEASTERLY OF, AS MEASURED AT RIGHT ANGLES TO THE MONUMENT LINE OF SAID BAYSHORE DRIVE, FOR A DISTANCE OF 39.60
FEET TO A POINT ON A CURVE; SAID POINT BEARS NORTH 21 DEGREES 53 MINUTES 46 SECONDS WEST, FROM THE RADIUS POINT OF
THE NEXT DESCRIBED CIRCULAR CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 15.00 FEET; THENCE ALONG SAID
CURVE TO THE RIGHT FOR AN ARC DISTANCE OF 13.38 FEET THROUGH A CENTRAL ANGLE OF 51 DEGREES 05 MINUTES 53 SECONDS
TO A POINT OF COMPOUND CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 25.00 FEET;
THENCE ALONG SAID CURVE TO THE RIGHT FOR AN ARC DISTANCE OF 11.38 FEET THROUGH A CENTRAL ANGLE OF 26 DEGREES 05
MINUTES 12 SECONDS TO A POINT OF TANGENCY; THENCE SOUTH 34 DEGREES 44 MINUTES 51 SECONDS EAST FOR A DISTANCE OF
8.61 FEET; THENCE SOUTH 31 DEGREES 11 MINUTES 12 SECONDS EAST FOR A DISTANCE OF 207.40 FEET TO A POINT OF CURVATURE
WITH A CIRCULAR CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 60 FEET; THENCE ALONG SAID CURVE TO THE LEFT
FOR AN ARC DISTANCE OF 33.93 FEET THROUGH A CENTRAL ANGLE OF 32 DEGREES 24 MINUTES 01 SECONDS TO A POINT OF
TANGENCY; THENCE SOUTH 63 DEGREES 33 MINUTES 13 SECONDS EAST FOR A DISTANCE OF 0.42 FEET TO A POINT OF CURVATURE
WITH A CIRCULAR CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 72.00 FEET; THENCE ALONG SAID CURVE TO THE
LEFT FOR AN ARC DISTANCE OF 19.66 FEET THROUGH A CENTRAL ANGLE OF 15 DEGREES 38 MINUTES 34 TO A POINT OF TANGENCY;
THENCE SOUTH 79 DEGREES 13 MINUTES 47 SECONDS EAST FOR A DISTANCE OF 6.47 FEET; THENCE SOUTH 75 DEGREES 35 MINUTES
44 SECONDS EAST FOR A DISTANCE OF 4.30 FEET; THENCE SOUTH 14 DEGREES 59 MINUTES 22 SECONDS WEST, ALONG THE
NORTHWESTERLY LINE OF PARCEL 5, AS SHOWN ON THAT TOPOGRAPHIC SURVEY PREPARED BY MANUEL G. VERA & ASSOCIATES DATED
MARCH 5, 2012, FOR A DISTANCE OF 266.99 FEET; THENCE NORTH 44 DEGREES 34 MINUTES 37 SECONDS WEST, ALONG THE HISTORIC
RIGHT-OF-WAY LINE AS SHOWN ON THAT BOUNDARY SURVEY DINNER KEY CONVENTION CENTER'S ADJACENT PARKING" PREPARED BY
GOLD COAST ENGINEERING CONSULTANTS INC DATED SEPTEMBER 30, 1999, FOR A DISTANCE OF 394.43 FEET TO THE POINT OF
BEGINNING (SAID COURSE BEING ALONG ALINE PARALLEL WITH AND 50.00 FEET NORTHEASTERLY OF, AS MEASURED AT RIGHT ANGLES
TO, A LINE ESTABLISHED BETWEEN THE MONUMENT LINE OF BAYSHORE DRIVE AND THAT CERTAIN U.S.C. & G.S. MONUMENT LOCATED
AT THE ROOF OF THE CITY OF MIAMI HALL BUILDING AS SHOWN ON THAT SPECIFIC PURPOSE SURVEY DINNER KEY MARINA AREA"
PREPARED BY FERNANDO GATELL DATED MARCH 3, 2000).
SAID PARCEL OF LAND CONTAINING 79,320 SQUARE FEET OR 1.82 ACRES MORE OR LESS.
LYING AND BEING IN SECTION 22, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE
REGATTA HARBOUR GARAGE
FOR: CITY OF MIAMI
a
0.2
a
0,
I
1
APPROVED BY: AJR
ORDER No.
03-87195
SHEET No.
7 of 19
2327-SS-11
REGATTA HARBOUR GARAGE CONDOMINIUM
BOUNDARY SURVEY
LEGAL DESCRIPTION OF THE CONDOMINIUM:
TOGETHER WITH:
PARCEL '5':
A PORTION OF TRACT "A"OF DINNER KEY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 34, PAGE 2 OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND MORE PARTICULAR1 DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE CITY MONUMENT LINES OF SW 27 AVENUE WITH SOUTH BAY SHORE DRIVE AS SHOWN ON
SAID PLAT OF DINNER KEY; THENCE NORTH 38 DEGREES 10 MINUTES 31 SECONDS EAST, ALONG THE MONUMENT LINE OF SAID
BAYSHORE DRIVE, FOR A DISTANCE OF 632.12 FEET; THENCE SOUTH 44 DEGREES 34 MINUTES 37 SECONDS EAST, ALONG THE
NORTHWESTERLY EXTENSION OF THE HISTORIC RIGHT-OF-WAY LINE AS SHOWN ON THAT BOUNDARY SURVEY DINNER KEY CONVENTION
CENTER'S ADJACENT PARKING LOT"PREPARED BY GOLD COAST ENGINEERING CONSULTANTS INC DATED SEPTEMBER 30 1999, FOR A
DISTANCE OF 77.62 FEET; THENCE NORTH 38 DEGREES 10 MINUTES 31 SECONDS EAST, ALONG A LINE PARALLEL WITH AND 77.00
FEET SOUTHEASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE MONUMENT LINE OF SAID BAYSHORE DRIVE, FOR A DISTANCE OF
60.83 FEET TO A POINT ON A CURVE; SAID POINT BEARS NORTH 38 DEGREES 38 MINUTES 40 SECONDS WEST, FROM THE RADIUS
POINT OF THE NEXT DESCRIBED CIRCULAR CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 45.00 FEET; THENCE
ALONG SAID CURVE TO THE RIGHT FOR AN ARC DISTANCE OF 7.25 FEET THROUGH A CENTRAL ANGLE OF 9 DEGREES 13 MINUTES 50
SECONDS TO A POINT OF REVERSE CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF
70.00 FEET; THENCE ALONG SAID CURVE TO THE LEFT FOR AN ARC DISTANCE OF 27.38 FEET THROUGH A CENTRAL ANGLE OF 22
DEGRESS 24 MINUTES 39 SECONDS TO A POINT OF TANGENCY; THENCE NORTH 38 DEGREES 10 MINUTES 31 SECONDS EAST, ALONG A
LINE PARALLEL WITH AND 84.50 FEET SOUTHEASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE MONUMENT LINE OF SAID
BAYSHORE DRIVE, FOR A DISTANCE OF 74.33 FEET TO A POINT OF CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE
NORTHWEST AND HAVING A RADIUS OF 70.00 FEET; THENCE ALONG SAID CURVE TO THE LEFT FOR AN ARC DISTANCE OF 21.86 FEET
THROUGH A CENTRAL ANGLE OF 17 DEGREES 53 MINUTES 48 SECONDS TO A POINT OF REVERSE CURVATURE WITH A CIRCULAR CURVE
CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 85.00 FEET; THENCE ALONG SAID CURVE TO THE RIGHT FOR AN ARC
DISTANCE OF 26.55 FEET THROUGH A CENTRAL ANGLE OF 17 DEGREES 53 MINUTES 48 SECONDS TO A POINT OF TANGENCY (THE
LAST MENTIONED FIVE COURSES BEING ALONG THE EXISTING BACK OF WALK OF SAID BAYSHORE DRIVE); THENCE NORTH 38 DEGREES
10 MINUTES 31 SECONDS EAST, ALONG A LINE PARALLEL WITH AND 77.00 FEET SOUTHEASTERLY OF, AS MEASURED AT RIGHT ANGLES
TO, THE MONUMENT LINE OF SAID BAYSHORE DRIVE, FOR A DISTANCE OF 39.60 FEET TO A POINT ON A CURVE; SAID POINT BEARS
NORTH 21 DEGREES 53 MINUTES 46 SECONDS WEST, FROM THE RADIUS POINT OF THE NEXT DESCRIBED CIRCULAR CURVE CONCAVE TO
THE SOUTHEAST AND HAVING A RADIUS OF 15.00 FEET; THENCE ALONG SAID CURVE TO THE RIGHT FOR AN ARC DISTANCE OF 13.38
FEET THROUGH A CENTRAL ANGLE OF 51 DEGREES 05 MINUTES 53 SECONDS TO A POINT OF COMPOUND CURVATURE WITH A CIRCULAR
CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 25.00 FEET; THENCE ALONG SAID CURVE TO THE RIGHT FOR AN ARC
DISTANCE OF 11.38 FEET THROUGH A CENTRAL ANGLE OF 26 DEGREES 05 MINUTES 12 SECONDS TO A POINT OF TANGENCY; THENCE
SOUTH 34 DEGREES 44 MINUTES 51 SECONDS EAST FOR A DISTANCE OF 8.61 FEET; THENCE SOUTH 31 DEGREES 11 MINUTES 12
SECONDS EAST FOR DISTANCE OF 207.40 FEET TO A POINT OF CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE NORTHEAST
AND HAVING A RADIUS OF 60.00 FEET; THENCE ALONG SAID CURVE TO THE LEFT FOR AN ARC DISTANCE OF 33.93 FEET THROUGH A
CENTRAL ANGLE OF 32 DEGREES 24 MINUTES 01 SECONDS TO A POINT OF TANGENCY; THENCE SOUTH 63 DEGREES 35 MINUTES 13
SECONDS EAST FOR A DISTANCE OF 0.42 FEET TO A POINT OF CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE NORTHEAST
AND HAVING A RADIUS OF 72.00 FEET; THENCE ALONG SAID CURVE TO THE LEFT FOR AN ARC DISTANCE OF 19.66 FEET THROUGH A
CENTRAL ANGLE OF 15 DEGREES 38 MINUTES 34 SECONDS TO A POINT OF TANGENCY; THENCE SOUTH 79 DEGREES 13 MINUTES 47
SECONDS EAST FOR A DISTANCE OF 6.47 FEET; THENCE SOUTH 75 DEGREES 35 MINUTES 44 SECONDS EAST FOR A DISTANCE OF 4.30
FEET TO THE POINT OF BEGINNING; THENCE SOUTH 14 DEGREES 59 MINUTES 22 SECONDS WEST, ALONG THE NORTHWESTERLY LINE OF
PARCEL 5, AS SHOWN ON THAT TOPOGRAPHIC SURVEY PREPARED BY MANUEL G. VERA & ASSOCIATES DATED MARCH 5, 2012, FOR A
DISTANCE OF 280.02 FEET; THENCE SOUTH 44 DEGREES 48 MINUTES 55 SECONDS EAST, FOR A DISTANCE OF 53.59 FEET; THENCE
SOUTH 13 DEGREES 17 MINUTES 02 SECONDS WEST, FOR A DISTANCE OF 1.68 FEET TO A POINT OF CURVATURE OF A CIRCULAR
CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CIRCULAR CURVE TO THE LEFT HAVING A
RADIUS OF 19.25 FEET AND A CENTRAL ANGLE OF 57 DEGREES 47 MINUTES 29 SECONDS FOR AN ARC DISTANCE OF 19.42 TO A
POINT OF TANGENCY; THENCE SOUTH 44 DEGREES 30 MINUTES 27 SECONDS EAST, FOR A DISTANCE OF 10.37 FEET; THENCE NORTH
51 DEGREES 49 MINUTES 05 SECONDS EAST, FOR A DISTANCE OF 2.57 FEET; THENCE NORTH 09 DEGREES 45 MINUTES 27 SECONDS
\ EAST, FOR A DISTANCE OF 9.81 FEET; THENCE NORTH 15 DEGREES 08 MINUTES 59 SECONDS EAST, FOR A DISTANCE OF 148.75 FEET;
REGATTA HARBOUR GARAGE
FOR: CITY OF MIAMI
a
0.2
3
0,
APPROVED BY: AJR
ORDER No.
03-87195
SHEET No.
8 of 19
2327-SS-11
REGATTA HARBOUR GARAGE CONDOMINIUM
BOUNDARY SURVEY
LEGAL DESCRIPTION OF THE CONDOMINIUM:
THENCE NORTH 14 DEGREES 48 MINUTES 22 SECONDS EAST, FOR A DISTANCE OF 37.38 FEET; THENCE NORTH 15 DEGREES 03
MINUTES 02 SECONDS EAST, FOR A DISTANCE OF 135.78 FEET TO A POINT OF CUSP ON A CIRCULAR CURVE CONCAVE NORTHERLY;
SAID POINT BEARS SOUTH 02 DEGREES 01 MINUTES 36 SECONDS EAST FROM THE RADIUS OF SAID CIRCULAR CURVE; THENCE
WESTERLY ALONG SAID CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 43.33 FEET AND A CENTRAL ANGLE OF 03 DEGREES 54
MINUTES 57 SECONDS FOR AN ARC DISTANCE OF 2.96 FEET TO A POINT OF CUSP; THENCE SOUTH 15 DEGREES 00 MINUTES 22
SECONDS WEST (NON -RADIAL TO THE NEXT DESCRIBED CIRCULAR CURVE), FOR A DISTANCE OF 2.82 FEET TO A POINT ON A CIRCULAR
CURVE CONCAVE NORTHERLY; SAID POINT BEARS SOUTH 02 DEGREES 09 MINUTES 30 SECONDS WEST FROM THE RADIUS OF SAID
CIRCULAR CURVE, THENCE WESTERLY ALONG SAID CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 29.25 FEET AND A CENTRAL
ANGLE OF 16 DEGREES 32 MINUTES 59 SECONDS FOR AN ARC DISTANCE OF 8.45 FEET TO A POINT OF NON -TANGENCY; THENCE
NORTH 75 DEGREES 35 MINUTES 44 SECONDS WEST, FOR A DISTANCE OF 54.59 FEET TO THE POINT OF BEGINNING;
SAID PARCEL OF LAND CONTAINING 19,900 SQUARE FEET OR 0.457 ACRES MORE OR LESS.
LYING AND BEING IN SECTION 22, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE.
LOTS 1, 2, 3, 4, 5 AND 6, LESS THE SOUTH 3 FEET THEREOF FOR STREET, IN BLOCK 3-A, OF FIRST ADDITION TO
WHITMAN 5 SUBDIVISION OF ESPANOLA VILLAS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 9,
PAGE 147, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
REGATTA HARBOUR GARAGE
FOR: CITY OF MIAMI
5
Zz
3
VI
mO
qM
O
I
APPROVED BY: AJR
ORDER No.
03-87195
SHEET No.
9 of 19
2327-SS-11
PL O ORl
REGATTA H
CO
BOUR GARAGE
MINIUM
REGATTA HARBOUR GARAGE
FOR: CITY OF MIAMI
4
Zz
VI
N1
APPROVED BY: AJR
ORDER No.
03-87195
SHEET No.
10 of 19
2327-SS-11
REGATTA HARBOUR GARAGE CONDOMINIUM
/
GRAPHIC SCALE
mom— 0 17.5 35
( IN FEET )
- CH = 70 FT.
GROUND LEVEL - SITE6���
PLAN
LEGEND:
COMMON
ELEMENTS
RETAIL UNIT
GARAGE UNIT
NOTE:
- FOR LEVEL 1 UNIT DETAILS SEE PAGES 12 TO 19
COMMON ELEMENTS ONLY EXIST WITHIN THE CONDOMINIUM
BOUNDARY.
70
CONDOMINIUM
BOUNDARY
REGATTA HARBOUR GARAGE
FOR: CITY OF MIAMI
0,
APPROVED BY: AJR
ORDER No.
03-87195
SHEET No.
11 of 19
2327-SS-11
REGATTA HARBOUR GARAGE CONDOMINIUM
LEVEL 1 - DETAIL
LEGEND:
COMMON
ELEMENTS
RETAIL UNIT
GARAGE UNIT
6
E,0
GRAPHIC SCALE
0 25 50
a l�
100
( IN FEET )
1 INCH = 50 FT.
EA UNDER
CONSTRUCTION
CONSTRUCTION
REGATTA HARBOUR GARAGE
FOR: CITY OF MIAMI
0.2
VI
m
V.
APPROVED BY: AJR
ORDER No.
03-87195
SHEET No.
12 of 19
2327-SS-11
REGATTA HARBOUR GARAGE CONDOMINIUM
LEVEL 2 - DETAIL
LEGEND:
COMMON
ELEMENTS
RETAIL UNIT
GARAGE UNIT
6
1-
GRAPHIC SCALE
0 25 50
( IN FEET )
1 INCH = 50 FT.
100
REGATTA HARBOUR GARAGE
FOR: CITY OF MIAMI
4
3z
C
5
VI
APPROVED BY: AJR
ORDER No.
03-87195
SHEET No.
13 of 19
2327-SS-11
REGATTA HARBOUR GARAGE CONDOMINIUM
LEVEL 3 - DETAIL
LEGEND:
COMMON
ELEMENTS
RETAIL UNIT
GARAGE UNIT
6
1-
ECG
GRAPHIC SCALE
0 25 50
( IN FEET )
1 INCH = 50 FT.
100
REGATTA HARBOUR GARAGE
FOR: CITY OF MIAMI
4
3z
3
VI
APPROVED BY: AJR
ORDER No.
03-87195
SHEET No.
14 of 19
2327-SS-11
REGATTA HARBOUR GARAGE CONDOMINIUM
LEVEL 4 - DETAIL
LEGEND:
COMMON
ELEMENTS
RETAIL UNIT
GARAGE UNIT
6
1-
"ECG
GRAPHIC SCALE
0 25 50
a l�
( IN FEET )
1 INCH = 50 FT.
100
REGATTA HARBOUR GARAGE
FOR: CITY OF MIAMI
4
3z
3
VI
O
\
nmQ
APPROVED BY: AJR
ORDER No.
03-87195
SHEET No.
15 of 19
2327-SS-11
EJLEiva-rin ANS
REGATTA H BOUR GARAGE
CO MINIUM
REGATTA HARBOUR GARAGE
FOR: CITY OF MIAMI
4
Zz
VI
A
V.
APPROVED BY: AJR
ORDER No.
03-87195
SHEET No.
16 of 19
2327-SS-11
REGATTA HARBOUR GARAGE CONDOMINIUM
4th FLOOR T.O.S
ELEV: 48' N.G.V.D 29.°
3rd FLOOR T.O.S
ELEV: 38' N.G.V.D 2
2nd FLOOR T.O.S.
ELEV: 28' N.G.V.D 2
NORTHERLY ELEVATION
/A.
t ,kw7e- k674- - k&7e- it 44 e- 44- v7 7e7e7.7e7e1 re7.70v77 8Ise7 A
11
GROUND FLOOR
ELEV: 9' N.G.V.D 29
AIRSPACE ABOVE TOP SURFACE OF RAMP.
PART OF GARAGE UNIT
(SEE SHEET 18 OF 19 FOR DETAIL)
ERLY ELEVATION
X
/
n
LEGEND:
COMMON
ELEMENTS
RETAIL UNIT
GARAGE UNIT
/
t/
'/I
4th FLOOR T.O.S
ELEV: 48' N.G.V.D 29
• 3rd FLOOR T.O.S
ELEV: 38' N.G.V.D 29
• 2nd FLOOR T.O.S
• ELEV: 28' N.G.V.D 29
GROUND FLOOR
9. ELEV: 9' N.G.V.D 29
REGATTA HARBOUR GARAGE
FOR: CITY OF MIAMI
VI
APPROVED BY: AJR
ORDER No.
03-87195
SHEET No.
17 of 19
2327-SS-11
LEGEND:
REGATTA HARBOUR GARAGE CONDOMINIUM
COMMON
ELEMENTS
LEVEL 2
RAMP PROFILE (LEVEL
VERTICAL VIEW DETAIL
(FACING NORTHERLY,
AIRSPACE
SURFA
RETAIL UNIT
GARAGE UNIT
RETAIL UNIT
REGATTA HARBOUR GARAGE
FOR: CITY OF MIAMI
VI
APPROVED BY: AJR
ORDER No.
03-87195
SHEET No.
18 of 19
2327-SS-11
REGATTA HARBOUR GARAGE CONDOMINIUM
EASTERLY ELEVATION
+
4th FLOOR T.O.S
ELEV: 48' N.G.V.D 29
3rd FLOOR T.O.S
ELEV: 38' N.G.V.D 29
T 2nd FLOOR T.O.S
ELEV: 28' N.G.V.D 29
GROUND FLOOR
T
ELEV: 9' N.G.V.D 29
NORTHWESTERLY ELEVATION J 1 UTHWESTERLY ELEVATION
LEGEND:
®i ®®i®® ®®I®■®
III Illu�i,®® ®®,1LA
COMMON
ELEMENTS
rd FLOOR T.O.S
ELEV: 38' N.G.V.D 2
FLOOR T.O.S
8' N.G.V.D 2
GROUND
ELEV: 9' N. ..D
RETAIL UNIT
29
GARAGE UNIT
• 41h FLOOR T.O.S
• ELEV: 48' N.G.V.D 29
▪ 3rd FLOOR T.O.S
• ELEV: 38' N.G.V.D 29
• 2nd FLOOR T.O.S
ELEV: 28' N.G.V.D 29
• GROUND FLOOR
• ELEV: 9' N.G.V.D 29
REGATTA HARBOUR GARAGE
FOR: CITY OF MIAMI
APPROVED BY: AJR
DATE: 09/20/21
ORDER No.
03-87195
SHEET No.
19 of 19
2327-SS-11