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HomeMy WebLinkAboutBack-Up DocumentsDECLARATION OF CONDOMINIUM The undersigned, being the holder of title of record to the real property situate, lying and being in Miami -Dade County, Florida, the legal description of which is attached hereto, and made a part hereof, and labeled Exhibit "A", hereby states and declares that the land described on Exhibit "A" is submitted to condominium ownership, and declared to be a condominium known as GLASS HOUSE CONDOMINIUM, pursuant to Chapter 718, Florida Statutes, as amended from time to time (hereinafter referred to as the "Act"), the provisions of which act are hereby incorporated by reference, and included herein. All the restrictions, reservations, covenants, conditions and easements contained herein shall constitute covenants running with the land or equitable servitudes upon the land, as the case may be, and shall run perpetually unless terminated or amended as provided herein, and shall be binding upon all unit owners as hereinafter defined, and in consideration of receiving and by acceptance of a grant, devise or mortgage, all grantees, devisees or mortgagees, their heirs, personal representatives, successors and assigns, and 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 unposed and the benefits provided shall run with each unit and the interests in common property as defined herein. The real property submitted to condominium ownership herewith is subject to conditions, limitations, restrictions, reservations or record, real estate taxes and applicable zoning ordinances. 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" means the Florida Condominium Act (Chapter 718 of the Florida Statutes). 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 expenses, which from time to time is assessed against the unit owner. D. "Association" means the entity responsible for the operation of the condominium and such entity shall, for the purpose of this condominium be GLASS HOUSE 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(s) situated on the condominium property in which the units and common elements are located. H. "By -Laws" mean the by-laws of the Association as they are amended from time to time. I. "Common Elements" means and includes: 1. The portions of the condominium property not included within the individual units. 2. The property and installations required for the furnishing of utilities and other services to more than one unit or the common elements, if any, as well as the conduits, pipe ducts, plumbing, wiring and other facilities themselves. 3. Easements of support in every part of each unit which contributes to the support of the improvements. 4. The term Common Elements when used throughout this declaration, shall also include limited common elements, as defined in the Act. The tern 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 Conunon 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 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. "Declaration" or "Declaration of Condominium" means the instrument(s) by which this Condominium is created, as they are from time to time amended. P. "Developer" means the CITY OF MIAMI, a municipal corporation of the State of Florida, its successors and assigns. Developer 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 not be deemed the developer, but may exercise such rights of developer as are specifically assigned to it. Any such assignment may be made on a nonexclusive basis. The rights of developer under this Declaration are independent of the developer's rights to control the Board of the Association, and, accordingly, shall not be deemed waived, transferred or assigned to the unit owners, the Board or the Association upon the transfer of control of the Association. Q. "Institutional Mortgagee" or "Mortgagee" means a bank, savings and loan association, insurance company or union pension fund authorized to do business in the United States of America, an agency of the United States Government, a real estate investment trust, or a lender generally recognized in the community as an institutional type lender. The mortgage may be placed through a mortgage or title company. R. "Life Safety Systems" mean and 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 management of the Condominium Property. U. "Special Assessment" shall mean and refer to a charge against each unit owner and his unit, representing a portion of the costs incurred by the Association for specific purposes of a nonrecurring nature. V. "Unit" or "Condominium Unit" means those parcels of the Condominium Property designated on the Exhibits attached to the Declaration which are subject to exclusive ownership. W. "Unit Owner" or "Owner of a Unit" or "Owner" or "Member" means a record owner of legal title to a Condominium Parcel. X. "Utility Service" as used in this Declaration and the By -Laws attached hereto may include but shall not be limited to electric power, gas, hot and cold water, heating, refrigeration, air conditioning, garbage and sewage disposal, telephone and cable television service. ARTICLE II: SURVEY AND DESCRIPTION OF IMPROVEMENTS Attached hereto and made a part hereof as Exhibit "B" is a survey and graphic description of the land and plot plans of the improvements constituting the Condoininium, 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 five (5) Units and the Common Elements depicted on Exhibit `B" to this Declaration. A. Identification of Units. The Condominium consists of five (5) Units, designated as Units A, B, C, D, and E. Each such Unit is identified by a separate numerical 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. 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 rumiing 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 containing the Units which lies within the following boundaries: a. Upper and Lower Boundaries. The upper and lower boundaries of Units A and B shall be the following boundaries extended to their planar intersections with the perimetrical boundaries. i. Upper Boundary. The horizontal plane of the lower surface of the unfinished ceiling. ii. Lower Boundary. The horizontal plane of the upper surface of the unfinished floor. b. Perimetrical Boundaries. The perimetrical boundaries of Units A and B shall be the vertical plane of the unfinished interior surfaces of the walls bounding the Unit extended to their planar intersections with each other and with the upper and lower boundaries. C. Boundaries of Units C, D and E. 1. Units C, D, and E shall consist of a split level patio. The horizontal boundary of each Unit shall be delineated by the area within the pavers as indicated in Exhibit "B". Each Unit shall consist of an envelope of air commencing above the finished surface of the pavers within the horizontal boundaries and extending ten (10) feet above the finished surface within the horizontal 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 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 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: EASEMENTS A. Perpetual Non -Exclusive Easement in Common Elements/Condominium Property. The Common Elements and the Condominium Property shall be, and the same are hereby declared to be, subject to a perpetual non-exclusive easement which is hereby created in favor of all of the Unit Owners in this Condominium for the use and benefit of such Unit Owners and the use and benefit of their employees, guests and invitees, for all proper and normal purposes, and for the furnishing of services and facilities for which same are reasonably intended, including, without limitation, for purpose of ingress, egress, repair and maintenance, for installation of and maintenance of utility lines (such as water and sewer collection and distribution lines, electrical power transmission lines, telephone lines, cable television and other utility services 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 may interfere with or impair, the provision of such utility, communication lines, or other utility services and the like or the use of these easements. These easements shall run to the benefit of all owners, guests and invitees at GLASS HOUSE CONDOMINIUM. Notwithstanding the foregoing provisions, the Association shall have the right to establish 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 Developer, as 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 the Common 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. E. Construction: Maintenance. The Developer (Including its designees, successors and assigns) shall have the right in its sole discretion, from time to time, to enter the Condominium Property for repair, replacement, maintenance or warranty purposes provided same does not unreasonably interfere with the reasonable use of the Condominium Property by the Unit Owners. F. Additional Easements; Relocation. The Association, through its Board, shall have the right to grant additional general and specific electric, cable television or other utility or service easements, or modify or relocate any such existing easements in any portion of the Condominium Property, as the 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 Developer 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: GLASS HOUSE CONDOMINIUM ARTICLE VI: ADMINISTRATION OF CONDOMINIUM BY ASSOCIATION A. Powers and Duties. The Association shall be the entity responsible for the operation of the Condominium. A copy of the Articles and, By -Laws of the Association are attached hereto as Exhibits "D" and "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 or any portion of a Unit to be maintained by the Association pursuant to this Declaration or at any time, and by force, if necessary, to make emergency repairs or to prevent damage to the Common Elements or to a Unit or Units. 2. The power to determine the expenses required for the operation of the Association and to snake and collect regular and Special Assessments and other charges against Owners. 3. The duty to maintain accounting records according to good accounting practices, which shall be open for inspection by Owners or their authorized representatives at reasonable times upon prior request. 4. The power to adopt, amend and enforce rules and regulations concerning the details of the operation and use of the Units, the Common Elements and Association Property. 5. The power to charge a fee for the exclusive use of Common Elements or Association Property to any Owner being granted, by the Association, a right to such exclusive use. 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 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 Conu-non 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 behalf of the Association and designating the signatories required therefor. 13. The power to obtain insurance for the Condominium and Association Property. 14. The power to snake repairs, additions, and improvements to or alterations of Common Elements and Association Property, and repairs to and restoration of Common Elements and Association Property, in accordance with the provisions of this Declaration after damage or destruction by fire or other event of damage, or as a result of condemnation or eminent domain proceedings or otherwise. 15. The power to levy fines against Owners and occupants for violations of this Declaration, the By -Laws or the Association's reasonable rules. 16. The power to borrow money, execute promissory notes and other evidences of indebtedness, and to give as security for mortgages security interests in property owned by the Association, if any, in connection with the operation, care, upkeep and maintenance 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 any other reason comlected 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 Developer. If the Developer holds a Unit for sale in the ordinary course of business, none of the following actions may be taken without the prior written approval of the Developer: (i) assessment of the Developer as a Unit Owner for capital improvements; or (ii) any action by the Association that would be detrimental to the sales of Units by the Developer; provided, however, that an increase in Assessments for Common Expenses without discrimination against the Developer shall not be deemed to be detrimental to the sales of Units. ARTICLE VII: MEMBERSHIP IN CORPORATION AND VOTING A. Membership. The Owner or Owners of a Unit shall automatically become Members of the Association upon such Owner's acquisition of an ownership Interest in any Unit and its appurtenant undivided interest in the Common Elements and Limited Common Elements, and the membership of such Owner or Owners in the Association shall tenninate automatically upon such Owner or Owners being divested of such ownership interest and the title to such Unit, regardless of the means by which such ownership shall be divested. No person, finn or corporation holding any lien, mortgage or other encumbrance upon any Unit shall be entitled by virtue of such lien, mortgage or other encumbrance to membership in the Association or to any 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 Unit's 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 A. General Amendments. Except for any alteration in the percentage of ownership in the Common Elements or alteration of the basis for apportiomnent 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 the 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) days from receipt by him of the proposed amendment or amendments, and it shall be the duty of the Secretary to give to each Member written or printed notice of such meeting, stating the time and place thereof, and reciting the proposed amendment or amendments in reasonably detailed form, which notice shall be mailed not less than fourteen (14) days, nor more than sixty (60) days before the date set for such meeting. If mailed, such notice shall be deeined to be properly given when deposited in the United States snail, addressed to the Member at his Post Office address as it appears on the records of the Association, the postage thereon prepaid. At such meeting, the amendment or amendments proposed must be approved by an affirinative vote of a majority of the Unit Owners present at such meeting in person or by proxy in order for such amendment or amendments to become effective. 2. By the Developer. Notwithstanding anything contained herein, the Developer reserves the right to amend this Declaration and its Exhibits, without the consent of the Unit Owners, except as required by the Act, so as to correct any omissions or errors, including scrivener's or surveyor's errors, so long as such amendments do not materially affect the rights of Unit Owners or Mortgagees. B. Mortgagees' 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 Developer or any Institutional Mortgagees without the consent of the Developer or all such Institutional Mortgagees, as the case may be. C. Execution and Recording. An amendment, other than amendments made by the Developer 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, Florida, and such amendinent(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 forin, 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 AND REPAIRS A. Unit and Limited Common Elements. All maintenance, repairs and replacements of, in or to any Unit and the Limited Common Elements appurtenant thereto, whether structural or non-structural, ordinary or extraordinary, including, but not limited 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 electrical (including fixtures, dimmers, wiring and outlets), plumbing (including fixtures, pitch pans, and connections), heating and air-conditioning equipment (including compressors 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 the entire interior of the Unit lying within the boundaries of the Unit or the Limited Common 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 otherwise be expressly provided to the contrary herein. The Owner shall also maintain, repair and replace, at his sole cost and expense, all hurricane shutter(s), including such portion of the Common Elements, if any, to which the hurricane shutters are attached. The Owner shall be obligated to repair any equipment, fixtures, wiring, or other items of property which 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 Conn -non 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 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 nature; installing any electrical wiring, television antenna, machinery or air-conditioning units; changing the appearance of any portion of the Building, without obtaining the prior written consent of the Board of Directors in the manner specified herein. Any requests for electrical, mechanical and structural additions, alterations and improvements must be submitted with plans prepared and sealed by the appropriate licensed professional (i.e., architect, engineer, etc.). The Owner shall be responsible for any fees and costs incurred by the Association in hiring professionals such as engineers, architects or attorneys as may be necessary to review any request by an Owner to proceed with an addition, alteration or improvement. The Board of Directors shall have the obligation to answer any written request by an Owner for approval of such an addition, alteration or improvement within forty-five (45) days after such request and any additional information requested by the Board of Directors is received, and the failure to do so within the stipulated time shall constitute the Boards consent. The Board may condition the approval in any manner, including, without limitation, retaining approval rights of the contractor to perform the work. Depending upon the nature of the alteration, addition or improvement, the Board of Directors in its sole discretion shall have the authority to require the Owner to execute an agreement and covenant running with the land as a condition to obtaining approval. Any approved additions, 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 Developer, 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 Developer, 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 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 Developer 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 Developer 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, the Board of Directors shall not refuse to approve the installation or replacement of hurricane shutters conforming to the specifications adopted by the Board of Directors, if any are so adopted. The Board of Directors may appoint an Architectural Control Committee to assume the foregoing functions on their behalf. The provisions of this paragraph shall not be amended without an affirmative vote of four- fifths (4/5) of the total voting interests in the Condominium. No Unit Owner shall snake any additions, alterations or improvements to the Life Safety Systems, and/or to any other portion of the Condominium Property which may alter or impair the Life Safety Systems or access to the Life Safety Systems, without first receiving the prior written approval of the Board. In that regard, no lock, chain or other device or combination thereof shall be installed or maintained at any time on or in connection with any door on which panic hardware or fire exit hardware is required. Emergency signage shall not be altered or removed by any Unit Owner whatsoever. No barrier shall impede the free movement of ingress and egress to and from all emergency ingress and egress passageways. Any Unit Owner who proceeds with an approved addition, alteration or improvements shall do it at their sole risk and expense. In the event it is necessary for the Association to remove an addition, alteration or 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 confection 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. B. By Developer. Notwithstanding anything to the contrary, the foregoing restrictions in this Article shall not apply to Developer -owned Units. The Developer 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 Developer 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 any calendar 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 made by the Board of Directors without approval of the Owners. The cost and expense of any such additions, alterations, or improvements shall constitute a part of the Common Expenses and shall be assessed to the Owners. Notwithstanding anything in this Paragraph to the contrary, changes to the exterior or interior color scheme of the Building shall not be deemed an alteration or improvement requiring Owner approval. Accordingly, changes in color to interior or exterior surfaces, including, but not limited to, painted, wallpapered, carpeted, or hard floor surfaces, may be authorized by the Board of Directors without Owner approval even if the cost associated with such changes exceeds one hundred thousand dollars ($100,000.00) in a calendar year. For purposes of this Paragraph, "aggregate in any calendar year" shall include the total debt incurred in that year if such debt is incurred to perfonn the above stated purposes, regardless of whether the repayment of any part of that debt is made beyond that year. ARTICLE XII: LIENS AND ASSESSMENTS A. Detenmination of Common Expenses and Fixing of Assessments Thereof. The Board of Directors shall, at least annually, prepare a budget for the Condominium ("Budget"), detenmine 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 as the Board of Directors shall detennine 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. 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 coining 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 Assessments against the grantor for the share of the Common Expenses up to the time of the conveyance, without prejudice to any right the grantee may have to recover from the grantor the amounts paid by the grantee. The liability for Assessments may not be avoided by waiver of the use or enjoyment of any Common Elements or by the abandonment of the Unit for which the Assessments are made or otherwise. C. Institutional Mortgagee. A first Mortgagee who acquires title to a Unit by foreclosure or by deed in lieu of foreclosure is liable for 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: (i) those Assessments which accrued or came due during the six (6) months immediately preceding the acquisition of title and for which payment in full has not been received by the Association; or (ii) one percent (1%) of the original mortgage debt. The first Mortgagee'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 collectible from all of the Owners, including such acquirer, and such acquirer's successors and assigns. D. Default in Pap-nent 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 Parcel for any unpaid Assessment, administrative fee, interest and all attorneys' fees for the collections thereof. The claim of lien shall not be released until all sums secured by it (or such other amount as to which the Association shall agree by way of settlement) have been fully paid or until it is barred by law. The claim of lien shall secure (whether or not stated therein) all unpaid Assessments, interest thereon, and costs and attorneys' fees which 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 snaking the payment is entitled to a satisfaction of the lien in recordable fon-n. The Association may bring an action in its name to foreclose a lien for unpaid Assessments in a manner a mortgage of real property is foreclosed and may also bring an action at law to recover 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 lien foreclosure action or an action to recover a money judgment for unpaid Assessments. Except as otherwise provided in the Act, no lien may be filed by the Association against a Unit until thirty (30) days after the date on which a notice of intent to file a lien has been delivered to the Unit Owner by registered or certified snail, return receipt requested, and by first-class United States snail 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 snail 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. 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. Nothing herein shall abridge or limit the rights or responsibilities of Mortgagees of a Condominium Unit as set forth in greater detail in the statutes made and provided for same. H. Liens. No liens of any nature may be created subsequent to the recording of this Declaration against the Condominium Property as a whole (as distinguished from individuals Units) except with the unanimous consent of the Unit Owners. Unless a Unit Owner has expressly requested or consented to work being performed or materials being furnished to his Unit or unless work was done on account of the Unit Owner's failure to maintain his individual Unit as provided for in Article X, such labor or materials may not be the basis for the filing of a lien against same. No labor performed or materials furnished to the Common Elements shall be the basis for a lien thereon unless authorized by the Association, in which event same may be the basis for the filing of a lien against all Units in the proportions for which the Owners thereof are liable for Common Expenses. ARTICLE XIII: INSURANCE The insurance which shall be carried upon the Condominium Property and the property of the Unit Owners shall be governed by the following provisions: A. Purchase. Custody and Payment. ment. 1. Purchase. All insurance policies described herein covering portions of the Condominium and Association Property shall be purchased by the Association and shall be issued by an insurance company authorized to do business in Florida or by a surplus lines carrier offering policies for Florida properties reasonably acceptable to the Board. 2. Named Insured. The named insured shall be the Association, individually, and as agent for the Owners of Units covered by the policy, without naming thein, and as agent for the holders of any mortgage on a Unit (or any leasehold interest therein), without naming them. The Unit Owners and the holders of any mortgage on a Unit (or any leasehold interest therein) shall be deemed additional insureds. 3. Custody of Policies and Payment of Proceeds. All policies shall provide that payments for losses made by the insurer shall be paid to the Association or the Insurance Trustee (if appointed), and all policies and endorsements thereto shall be deposited with the Association or to the Insurance Trustee (if appointed). 4. Copies to Mortgagees. One copy of each insurance policy or a certificate evidencing such policy, and all endorsements thereto shall be furnished by the Association upon request to the holders of any mortgage on a Unit covered by the policy. Copies or certificates shall be furnished not less than ten (10) days prior to the beginning of the term of the policy, or not less than ten (10) days prior to the expiration of each preceding policy that is being renewed or replaced, as appropriate. 5. Personal Property and LiabilitX. Except as specifically provided herein or by the Act, the Association shall not be responsible to Unit Owners for obtaining insurance coverage upon the property lying within the boundaries of their Unit, including, but not limited to: (i) the Unit Owner's personal property; (ii) the Unit Owner's personal liability; (iii) moving and relocation expenses; (iv) lost rent expenses or business interruption expenses; (v) or for any other risks not otherwise insured in accordance herewith. To the extent that a Unit Owner or other occupant of a Unit desires coverage for such excluded items, it shall be the sole responsibility of the Unit Owner and/or occupant to obtain such coverage. B. Coverage. The Association shall use its best efforts to maintain insurance covering the following: 1. Property Dainage. The Building, including all fixtures, installations or additions comprising that part of the Building within the boundaries of the Units and required by the Condominium Act to be insured under the Association's policy(ies), and all improvements located on the Common Elements from time to time, together with all fixtures, building service equipment, personal property and supplies constituting the Common Elements or owned by the Association (all of the foregoing herein referred to collectively as the "Insured Property"); excluded from such coverage shall be all furniture, furnishings, floor coverings, wall coverings, ceiling coverings, hurricane shutters, or other personal property owned, supplied or installed by Unit Owners or tenants of Unit Owners, and the following equipment if it is located within a Unit or if the Unit Owner is required to repair or replace such equipment: electrical fixtures, appliances, air conditioning or heating equipment, water heaters, built-in cabinets, personal property, as well as fixtures, appliances or equipment permitted to be excluded from the Condominium's insurance policy pursuant to the Act, as same may be amended or renumbered from time to time. The Insured Property shall be insured in an amount not less than 100% of the full insurable replacement value thereof, excluding land, footings, foundation and excavation costs. Such policies may contain reasonable deductible provisions as determined by the Board of Directors of the Association. Such coverage shall afford protection against: a. Loss or Damage by Fire and Other Hazards covered by a standard extended coverage endorsement; and b. Such Other Risks as from time to time are customarily covered with respect to buildings and improvements similar to the Insured Property in construction, location and use, including, but not limited to, vandalism and malicious mischief. 2. Liability. Comprehensive general public liability insurance covering loss or damage resulting from accidents or occurrences on or about or in comlection with the Insured Property or adjoining walkways, or any work, matters or things related to the Insured Property, with such coverage as shall be required by the Board of Directors of the Association, but with combined single limit liability of not less than one million dollars ($1,000,000) for each accident or occurrence, three hundred thousand dollars ($300,000) per person and one hundred thousand dollars ($100,000) property damage, and with a cross liability endorsement to cover liabilities of the Unit Owners as a group to any Unit Owner, and vice versa. The Association may also obtain and maintain liability insurance for its directors and officers and for the benefit of the Association's employees, in such amounts and under such terms and conditions as the Association deems appropriate in its sole and absolute discretion. 3. Worker's Compensation and other mandatory insurance, when applicable. 4. Flood Insurance if required by the Primary Institutional First Mortgagee or if the Association so elects. 5. Fidelity Insurance. The Association shall obtain and maintain adequate fidelity bonding of all persons who control or disburse funds of the Association in an amount not less than the minimum sum required by the Act. 6. Association Property. Appropriate additional policy provisions, policies or endorsements extending the applicable portions of the coverage described above to all Association Property, where such coverage is available. 7. Such Other Insurance as the Board of Directors of the Association shall determine from time to time to be desirable. When appropriate and obtainable, each of the foregoing policies shall waive the insurer's right to: (i) subrogation against the Association and against the Unit Owners individually and as a group, (ii) pay only a fraction of any loss in the event of coinsurance or if other insurance carriers have issued coverage upon the same risk, and (iii) avoid liability for a loss that is caused by an act of the Board of Directors of the Association, a member of the Board of Directors of the Association, one or more Unit Owners or as a result of contractual undertakings. Additionally, each policy shall provide that any insurance trust agreement will be recognized, that the insurance provided shall not be prejudiced by any act or omissions of individual Unit Owners that are not under the control of the Association, and that the policy shall be primary, even if a Unit Owner has other insurance that covers the same loss. All policies of physical damage insurance shall provide that such policies may not be canceled or substantially modified without at least forty-five (45) days prior written notice to all of the named insureds, including all Mortgagees of Units. Prior to obtaining any policy of property damage insurance or any renewal thereof, the Board of Directors shall obtain an appraisal from a fire insurance company, or other competent appraiser, of the full insurable replacement value of the Insured Property (exclusive of foundations), without deduction for depreciation, for the purpose of determining the amount of insurance to be effected pursuant to this Article. C. Premiums. Premiums upon insurance policies purchased by the Association shall be paid by the Association as a Common Expense. The Board of Directors shall determine the appropriate deductible for each policy of insurance. Each Owner, by acceptance of a deed or other conveyance of a Unit, hereby ratifies and confirms any decisions made by the Association in this regard and recognizes and agrees that funds to cover the deductible must be provided from the general operating funds of the Association before the Association will be entitled to insurance proceeds. The Association may, but shall not be obligated to, establish a reserve to cover any applicable deductible. D. Insurance Trustee: Share of proceeds. All insurance policies purchased by the Association shall be for the benefit of the Association, the Unit Owners and their Mortgagees, as their respective interests may appear, and shall provide that all proceeds covering property losses shall be paid to the Insurance Trustee, which shall be designated by the Board of Directors and which shall be any bank or trust company in Florida with trust powers. The Insurance Trustee shall not be liable for payment of premiums nor for the renewal or the sufficiency of policies, nor for the failure to collect any insurance proceeds. The duty of the Insurance Trustee shall be to receive such proceeds as are paid and to hold the same in trust for the purposes elsewhere stated herein and for the benefit of the Unit Owners and their Mortgagees in the following shares, but which shares need not be set forth on the records of the Insurance Trustee. 1. Common Elements. Proceeds on account of damage to Common Elements shall be held in an undivided share for each Unit Owner, such share being the same as the undivided share in the Common Elements appurtenant to his Unit. 2. Units. Proceeds on account of damage to Units shall be held in the following undivided shares: a. Reconstruction or Repair. When the damaged property is to be reconstructed or repaired, an undivided share shall be held for the Owners of the damaged Units in proportion to the cost of repairing the damage suffered by each Unit Owner, which cost shall be detennined by the Association. b. Failure to Reconstruct or Repair. When the Building is not to be reconstructed or repaired, an undivided share shall be held for each Unit Owner, such share being the same as the undivided share in the Common Elements appurtenant to his Unit. Mortgages. In the event a mortgage endorsement has been issued as to a Unit, the share of the Unit Owner shall be held in trust for the Mortgagee and the Unit Owner as their interests may appear; provided, however that no Mortgagee shall have any right to determine or participate in the determination as to whether or not any damaged property shall be reconstructed or repaired, and no Mortgagee shall have any right to apply or have applied to the reduction of a mortgage debt any insurance proceeds except distribution thereof made to the Unit Owner and Mortgagee pursuant to the provisions of this Declaration. E. Distribution of Proceeds. Proceeds of insurance policies received by the Insurance Trustee shall be distributed to or for the benefit of the beneficial owners in the following manner: 1. Expense of the Trust. All expenses of the Insurance Trustee shall be first paid or provisions made therefor. 2. Reconstruction or Repair. If the damage for which the proceeds are paid is to be repaired or reconstructed, the remaining proceeds shall be paid to defray the cost thereof as elsewhere provided. Any proceeds remaining after defraying such costs shall be distributed to the beneficial owners, remittance to Unit Owners and their Mortgagees being payable jointly to thein. This is a covenant for the benefit of any Mortgagee of a Unit and may be enforced by such Mortgagee. 3. Failure to Reconstruct or Repair. If it is detennined in the manner elsewhere provided that the damage for which the proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be distributed to the beneficial owners, remittance to Unit Owners and their Mortgagees being payable jointly to them. This is a covenant for the benefit of any Mortgagee of a Unit and may be enforced by such Mortgagee. 4. Certificate. In making distribution to Unit Owners and their Mortgagees, the Insurance Trustee may rely upon a certificate of the Association made by its President and Secretary as to the naives of the Unit Owners and their respective shares of the distribution. F. Association as Agent. The Association is hereby irrevocably appointed agent for each Unit Owner and for each owner of any other interest in the Condominium to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of claims. G. Unit Owners' Personal Coverage. Each Unit Owner shall obtain and maintain at all times individual property damage and general liability policies insuring the property lying within the boundaries of their Unit and for their personal liability arising in the use of their own Unit and other areas of the Common Elements for which they have exclusive use. 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 mamier: 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 terns of the Act that the Condominium shall be terminated. 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 of damage. In all other instances, the responsibility of reconstruction and repair after the event of damage shall be that of the Association. D. Estimate of costs. Immediately after a determination is made to reconstruct or repair damage to property for which the Association has the responsibility of reconstruction and repair, the Association shall obtain reliable and detailed estimates of the costs to reconstruct or repair such property. E. Assessments. The amount by which an award of insurance proceeds policy shall be assessed against all Unit Owners in proportion to their share in the Common Elements. If the proceeds of such Assessments and of 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 payment 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 sufficient amounts to provide funds for the payment of such Unit costs. Such Assessments against 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 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 reconstruction 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 beneficiary of an insurance policy, the proceeds of which are included in the construction fund, such fund shall be disbursed in the manner hereafter provided for the reconstruction and repair of major damage. b. Association: Major Damage. If the amount of the estimated costs of reconstruction and repair which is the responsibility of the Association is five thousand dollars ($5,000.00) or more, then the reconstruction fund shall be disbursed in payment of such costs in the manner required by the Board of Directors of the Association and upon approval of an architect qualified to practice in Florida and employed by the Association to supervise the work. C. Unit Owner. The portion of insurance proceeds representing damage for which the responsibility of reconstruction and repair lies with a Unit Owner shall be paid by the Insurance Trustee to the Unit Owner, or if there is a mortgage encumbering such Unit, then to the Unit Owner and the Mortgagee jointly. d. Surplus. 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 manner 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 detennine whether or not sums paid by the Unit Owners upon Assessments shall be deposited by the Association with the Insurance Trustee, nor to deterinine whether the disbursements from the 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 Association shall first be obtained by the Association before disbursements in payment of costs of reconstruction and repair. ARTICLE XV: TAXATION A. Common Elements. For the purpose of ad valorem taxation, the interest of the Owner of a Condominium Parcel in his Unit and in the Common Elements appurtenant to such Unit shall be considered as a unit. The value of said unit shall be equal to the percentage share of undivided shares in Common Elements of the entire Condominium, including land and improvements as has been assigned to said Unit in Exhibit "C" of this Declaration. The total of all of said percentages equals one hundred percent (100%) of the value of all of the land and improvements thereon. B. Amendments. The percentages assigned above shall be binding upon all Owners for all purposes, including ad valorem taxation, at all times in the future, and may not be amended or changed except as provided for in this Declaration. ARTICLE XVI: 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: 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. In any proceeding arising because of an alleged failure to comply by the Owner of a Unit or the Association, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorneys' fees (at all trial, appellate or arbitration proceedings) as may be determined by the court or such tribunal. The Association may levy reasonable fines against 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 Association By -Laws, or Rules and Regulations of the Association. No fine will become a lien against a Unit. No fine may exceed $100 per violation. However, a fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, provided that no such fine shall in the aggregate exceed $1,000.00. 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 invitee. The hearing must be held before a committee of other Unit Owners who are neither Board members nor partners or employees of Board members. If the committee does not agree with the fine, the fine may not be levied. 2. Negligence. A Unit Owner and/or tenant of a Unit shall be liable for the expense of any maintenance, repair or replacement made necessary by his negligence or by that of any member of his family or his or their guests, employees, agents or lessees, but only to the extent that such expense is not met by the proceeds of insurance actually collected in respect of such negligence by the Association. 3. No Waiver of Right by 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 1t by Developer. The failure of the Developer 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 terns, provisions, covenants or 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 shall not be used to permit or sanction unlawful discrimination or other violation of laws; the use of the Condominium Property shall be restricted to and shall be in accordance with the following provisions: A. Occupancy Restrictions. The provisions in the following paragraphs numbered "1," "2" and "3" of this Subparagraph A shall not be applicable to Units held by the Developer: 1. Occupants. Each Unit may be used for any commercial use or public use permitted by applicable law, which use may be for-profit or not-for-profit, by the Unit Owner, and its customers, invitees, tenants, licensees, concessionaires, subtenants, sublicenses and subconcessionaires except as otherwise expressly provided herein, and in accordance with all applicable city, county and state codes, ordinances and regulations. 2. Use. If a Unit is owned or leased by a corporation, partnership, trust or other fiduciary, the Unit Owner shall be subject to the lease restrictions in this Declaration. 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. 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 or 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 injury or damage to neighboring property or business elsewhere on the property. 3. No hnproper Uses. No improper, offensive, hazardous or unlawful use shall be made of the Condominium Property or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction shall be observed. Violations of laws, orders, rules, regulations, or requirements of any goverumental agency having jurisdiction, relating to any portion of the Condominium Property, shall be corrected by, and at the sole expense of, the party violating any such provisions. 4. Noise. No Owner shall make or permit any disturbing noises in the Condominium or Common Areas by himself or his employees, agents, visitors, lessees or licensees, nor pen -nit any conduct by such persons that will interfere with the rights, comforts or conveniences of other Unit Owners. No Owner shall play or permit to be played any musical instrument, nor operate or permit to be operated a phonograph, television, radio, sound amplifier or other electronic equipment in a Unit in such a manner as to disturb or annoy other Unit Owners. 5. Common Elements. 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. 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 are visible from the exterior of the Unit without the prior written consent of the Association. 10. Hurricane Preparation. An Owner who plans to be absent during the hurricane season must prepare his Unit prior to his departure by designating a responsible fine or individual to care for his Unit should the Unit suffer hurricane damage and furnishing the Association with the name(s) of such firm(s) or individual(s). 11. Drainage. There shall be no interference with the established drainage pattern over the property unless an adequate alternative provision is made for proper drainage with the prior written approval of the Association. No Owner shall dispose of any hazardous materials in any drains. If such Owner fails to maintain such drainage and, as a result, imminent danger or damage to person or property may result to the other Owners, then the Association shall have the right of access onto such area for the purpose of clearing debris and other material so as to not impede the flow of water. This right of access shall be exercised only for the purpose of preventing damage to persons and property and the Association shall use reasonable care so as to not cause any damage to such areas. The Owner shall reimburse the Association for any costs and expenses incurred in clearing such debris. 12. Association Employ. 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. 13. 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 to the Association promptly thereafter. Where such consent is given, the Owner shall provide the Association with an additional key. 14. Assessments. Every Unit Owner shall promptly pay the Assessments levied by the Association. 15. 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. 16. Alterations. Without limiting the generality of Article XI hereof, but subject to Article VI hereof, no Owner shall snake any additions, 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, antennas, machinery, or air conditioning units, without the prior written consent of the Board of Directors. 17. Exterior Improvements. Without limiting the generality of the preceding Paragraph 16 of this Section B, but subject to Article XI hereof, the Unit Owner shall not cause anything else to be affixed or attached to, hung, displayed or placed on the exterior walls, doors, or windows of the 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 anything contained herein to the contrary, an Owner may display one (1) portable, removable United States flag in a respectful mailer on the exterior of the Unit, and portable, removable official armed services flags (not to exceed 4 feet by 6 feet) that represent the United States Arany, Navy, Air Force, Marine Corps or Coast Guard may likewise be displayed on Armed Forces Day, Memorial Day, Flag Day, Independence Day and Veterans Day. 18. 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 Developer is not responsible and hereby disclaims any responsibility for 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 Developer 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 maintained as required hereby (with all utility consumption costs to be paid and assumed 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 if advanced by the Association, to be promptly reimbursed by the Owner to the Association). 19. Relief by Association. The Association shall have the power (but not the obligation) to grant relief in particular circumstances from the provisions of specific restrictions contained in Subparagraphs A and B of this Article. 20. Effect on Developer. The restrictions and limitations set forth in this Article shall not apply to the Developer, or to Units owned by the Developer. C. Transfer of Unit. No Unit Owner, other than the Developer, may transfer their Unit except by complying with the following provisions: 1. Right of First Refusal. 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 terns 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 infonnation 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 ten -ns 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 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 terns 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 terms and provisions of this Article. 2. Certificate. Upon request of the Owner, a duly authorized officer of the Association shall provide the Owner with a certificate of waiver of its right of first refusal if the Association does not elect to purchase or have its designee purchase the Unit in accordance with the terns set forth in the Outside Offer. 3. Approval by Association. In order to determine that proposed purchasers are familiar with the governing documents and Rules and Regulations of the Association, the Board of Directors, at its option, shall have the right to require a personal interview with the proposed purchaser. Notwithstanding anything in this Article to the contrary, the Association shall have the absolute right to deny approval of any sale without being obligated to purchase the Unit if. (a) the sale would result in a violation of the 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 the Board of Directors would influence their decision in regard to whether to exercise 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 Developer; 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. 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 in connection with the leasing of Units: 1. Term. No Unit may be leased for a term of less than six (6) months. If an approved tenant should vacate the Unit prior to the expiration of the lease tern, the Owner shall not be permitted to relet the Unit during such period. The Board of Directors shall have the sole discretion to waive the restriction on releasing prior to expiration of the original lease tern in cases resulting in undue hardship to the Owner. Such waiver shall not constitute a waiver of any rights against the Owner thereafter or against any other Owner. 2. Approval by Board of Directors. No Owner may lease his Unit without the prior written approval of the Board of Directors. An Owner intending to lease his Unit shall provide the Association with written notice of his intent to lease the Unit, along with a copy of the proposed lease and a standard lease application form as promulgated by the Board of Directors from time to time. Within twenty-one (21) days from receipt of the Owner's notice of intent to lease his Unit and any additional information which may be required by the Board of Directors, the Board of Directors shall either approve or disapprove of the lease. The Association may deny permission to lease 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. 3. Lease Addendum. h1 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 terns 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-in-fact 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 in connection with the termination of the lease or tenancy and the eviction of the tenant. This provision shall not obligate the Association to commence such proceeding and shall not relieve the Owner of his obligation to terminate the Lease and evict the tenant for any violations of law or the Association's Governing Documents. 5. Leasing 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 leasing 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. Security Deposit. Owners wishing to lease their Units shall be required to have any prospective lessee place in escrow with the Association a security deposit in a sum not to exceed the rent due for the entire ten -ii, 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. 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, 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. 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. Assigmnents and Renewals of Leases. Except with respect to any fee charged in connection with a lease or sublease, the provisions of this Article shall also apply to subleases, assignments and renewals of leases. F. Miscellaneous Restrictions and Obligations. 1. Liability for Common Expenses. No Owner of a Unit may exempt himself from liability for his contribution towards the Conunon Expenses by waiver of the use and enjoyment of any of the Common Elements or by the abandomnent of his Unit. 2. Restraint Upon Separation and Partition of Common Elements. No Unit Owner shall attempt to convey his undivided interest in the Common Elements which are appurtenant to each Unit separately from the Unit to which it is appurtenant. The undivided interest in the Common Elements appurtenant to each Unit shall be deemed conveyed, devised, encumbered or otherwise included with the Unit to which it is appurtenant, even though such undivided interest is not expressly mentioned or described in the instrument conveying, devising, encumbering, or otherwise dealing with such Unit. The respective shares in the Common Elements shall remain undivided, and no Unit Owner shall have an action for partition of the Common Elements, the Condominium Property, or any part thereof, except as provided herein with 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. 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. Developer's Rights. Nothing set forth in this Declaration shall be construed as limiting the Developer's rights to freely and without 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. 6. Obligations of Unit Owners. In addition to other obligations and duties heretofore set out in this Declaration, every Unit Owner shall: a. Promptly pay the Assessments levied by the Association. b. Maintain in good condition and repair his Unit and all interior surfaces within or surrounding his Unit, and maintain and repair the fixtures therein. C. Conform and abide with the By -Laws and uniform rules and regulations promulgated by the Board of Directors of the Association. G. Mortgages. No Unit Owner may mortgage his Unit or any interest therein without the approval of the Association except to an Institutional Mortgagee. The approval of any other mortgage may be granted upon conditions determined by the Association, or may be arbitrarily withheld. This provision shall not be construed so as to prevent the Developer 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. H. Changes in Developer -Owned Units. Developer shall have the right, without the vote or consent of the Association, to make alterations, or improvements in, to, and upon Units owned by Developer, 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 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 Developer. 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: 1. any condemnation or casualty loss affecting a material portion of the Condominium and/or Association Property or the affected mortgaged Unit; 2. a sixty (60) -day delinquency in the payment of the Assessments on a mortgaged Unit; the occurrence of a lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; or 4. any proposed action which requires the consent of a specified number of mortgage holders. ARTICLE XX: ADDITIONAL PROVISIONS A. Titles. Article and Paragraph titles inserted throughout this Declaration are intended only as a matter of convenience and for reference and in no way define, limit, or in any way affect this Declaration, or define, limit or in any way affect the content of the respective Article and/or Paragraph. B. Conflict. In the event of conflict among the powers and duties of the Association or the terns 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. 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 hereto, or applicable rules and regulations adopted pursuant to such documents, as the same may be amended from time to time, shall not affect the validity of the remaining portions thereof which shall remain in full force and effect. D. Notices. All notices to the Association required or desired hereunder or under the By - Laws of the Association shall be sent by certified mail (return receipt requested) or registered snail to the Association in care of its office at the Condominium, or to such other address as the Association may hereafter designate from time 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 sent by first class snail to the Condominium address of such Unit Owner, or such other address as may have been designated by him from time to time, in writing, to the Association. All notices to Mortgagees of Units shall be sent by first class snail to their respective addresses, or such other 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 been given when received, or five (5) business days after proper mailing, whichever shall first occur. E. Attorneys' 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). 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 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 aimexed 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. I. Signature of President and Secretary. Wherever the signature of the President of the Association is required hereunder, the signature of a vice-president may be substituted therefor, and wherever the signature of the Secretary of the Association is required hereunder, the signature of an assistant secretary may be substituted therefor, provided that the same person may not execute any single instrument on behalf of the Association in two separate capacities. J. Time Shares. The Developer will not create time-share estates with respect to any Units In this Condominium. K. Ratification. Each Unit Owner, by reason of having acquired ownership (whether by purchase, gift, operation of law or otherwise), and each occupant of a Unit, by reason of his occupancy, shall be deemed to have acknowledged and agreed that all of the provisions of this Declaration, the Articles, the By -Laws and the rules and regulations of the Association are fair and reasonable in all material respects. L. Execution of Documents: Attorney -in -Fact. Without limiting the generality of other articles of this Declaration and without such other articles limiting the generality hereof, each Owner, by reason of acceptance of a deed to such Owner's Unit, hereby agrees to execute, at the request of the Developer, all documents or consents which may be required by all governmental agencies to allow the Developer 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 Developer 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 Developer. M. Liability of the 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: 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 welfare 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 title to his Unit) and each other person having an interest in or lien upon, or snaking use of, any portion of the Association Property (by virtue of accepting such interest or lien or snaking such use) shall be bound by this provision and shall be deemed to have automatically waived any and all rights, claims, demands and causes of action against the Association arising from or connected with any matter for which the liability of the Association has been disclaimed hereby. As used herein, "Association" shall include within its meaning all Association directors, officers, committee and board members, employees, agents, contractors (including management companies), subcontractors, successors and assigns. The provisions hereof shall also inure to the benefit of the Developer, which shall be fully protected hereby. N. Liberal Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a unifonn plan of condominium ownership. It is the intention of the Developer that 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, same shall be interpreted in accordance with the intent of the Developer in such mamler 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 Re.ilations. Subject to the terns 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. ARTICLE XXI: DISCLAIMER OF WARRANTIES A. Disclaimer of Warranties. Developer 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 Developer 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 Developer of any kind, other than as expressly provided herein. Further, given the climate and humid conditions in Florida, molds, toxins and fungi may exist and/or develop within the Unit and/or the Condominium Property. Each Owner is hereby advised that certain molds, mildew, toxins and/or fungi may be, or if allowed to remain for a sufficient period may become, toxic and potentially pose a health risk. By acquiring title to a Unit, each Owner shall be deemed to have released the Developer from any and all liability resulting from same, including, without limitation, any liability for incidental or consequential damages (which may result from, without limitation, the inability to possess the Unit, inconvenience, moving costs, office rental costs, storage costs, loss of time, lost wages, lost opportunities, and/or personal injury). Without limiting the generality of the foregoing, leaks, 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 Developer is not responsible and hereby disclaims any responsibility for any illness or allergic reactions which may be experienced by the Unit Owner, its family members, employees and/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. 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 Developer, its partners and its and their officers, members, directors, and employees and every affiliate and person related or affiliated in any way with any of them ("Developer'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 Developer or Developer'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. [THE REMAINDER OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLAND] IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of December, 2016. Signed, Sealed and Delivered in the presence of: CITY OF MIAMI, a municipal corporation of the State of Florida ME Attest: Daniel J. Alfonso, City Manger Todd Hanrion, City Clerk By: Daniel Rotenberg, Director of the Department of Real Estate and Asset Management STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of December, 2016, by Daniel J. Alfonso, as City Manager of the City of Miami, a municipal corporation of the State of Florida. Personally Known OR _ Type of Identification Produced Produced Identification Approved as to Form and Correctness: ME Victoria M6ndez, City Attorney NOTARY PUBLIC State of Florida at Large My Commission Expires: JOINDER AND CONSENT THIS JOINDER AND CONSENT is given and made this day of December, 2016, on behalf of GLASSHOUSE COCONUT GROVE, 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 December 24, 2014. 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 submission to the condominium form of ownership of the real property and the improvements situated thereon described in the Declaration, subject to the terms and conditions therein; provided, however, that Lessee's execution of this joinder and consent shall not be interpreted or construed as the agreement by Lessee to be bound by any terms or provisions of the Declaration in conflict with any terms or provisions of the lease. Lessee shall not be bowed by the terms or provisions of the Declaration not contained or included, or otherwise provided for, in the lease. IN WITNESS WHEREOF, Lessee has caused these presents to be duly executed by its duly authorized officer this day of December, 2016. GLASSHOUSE COCONUT GROVE, LLC, a Florida limited liability company 0 Print Name: Witness: 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 talce acknowledgements, appeared <NAME> , 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 Glasshouse Coconut Grove, LLC, a Florida limited liability company and the party named in the foregoing instrument, and that he/she acla-iowledged 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 December, 2016. NOTARY PUBLIC State of Florida at Large My Commission Expires: Exhibit "A" Legal Description of Real Property Being Submitted to Condominium Foran of Ownership LEGAL DESCRIPTION: A portion of Tract A, COCONUT GROVE BAYFRONT PARK SECTION ONE, as recorded in Plat Book 82 at Page 85 of the Public Records of Miami Dade County, Florida, more particularly described as follows: Commence at the Northwesterly corner of Tract A of said plat of COCONUT GROVE BAYFRONT PARK SECTION ONE; thence run South 45°47'21" East, along the Northerly Line of said Tract A, same being the Southerly Right of Way Line of McFarlane Road, for a distance of 118.00 feet to the Point of Beginning; thence run South 44°15'58"W for a distance of 86.00 feet to a point; thence run North 45°47'21" West for a distance of 20.00 feet to a point; thence run South 44°15'58" West for a distance of 61.00 feet to a point; thence run South 45°47'21" East for a distance of 210.00 feet to a point; thence run North 44°15'58" East for a distance of 147.00 feet to a point of intersection with said Northerly Line of Tract A also being the Southerly Right of Way Line of McFarlane Road; thence run North 45°47'21" West, along the aforementioned Northerly Line of said Tract A also being the Southerly Right of Way Line of McFarlane Road, for a distance of 210.00 feet to the Point of Beginning. Said Parcel of Land containing 32,090 square feet (0.7 Acres more or less). Also known as TRACT "A" GLASS HOUSE PLAT, as recorded in Plat Book _ at Page _ of the Public Records of Miami Dade County, Florida. .T — f,A1. 1.0 c _. A, 4 R = Arc, Delta, Radius FF EL = Finish Floor Elevation T, CH, CB = Tangent, Chord Length, Chord Bearing FND = Found (C) = Calculated LB = Licensed Business (D) = Deed ORB, PG = Official Records Book and Page (M) = Measured DB, PG = Deed Book and Page (P) = Platted Dimension 0/H = Overhead BLDG = Building PRM = Permanent Reference Monument CBS = Concrete Block and Stucco PB, PG = Plat Book and Page CLF = Chain Link Fence PCP = Permanent Control Point CONC = Concrete POC = Point of Commencement R/W = Right of Way POB = Point of Beginning SQ, FT. = Square Feet TYP = Typical LEGEND: Centerline H Electric box o Drainage manhole o Water meter Monument line U Fire hydrant Sanitary sewer manhole -o- Wood power pole Section line • Guard post Signal mast arm ❑ Wire pull box Tree ---) Guy anchor Single sign support [21 Signal master control ® Catch basin RM Curb inlet Lj Public telephone C Grease Manhole 0. Clean out — Street light pole Palm 4—� Concrete light pole ® Light pole in concrete base Unknown valve o- Concrete power pole $ Light pole Q Sewer valve ® Double detector check valve o Unknown meter 8 Water valve ® Drain Mail box ¢—o Wood light pole TRIANGLE MASER 15 NOW rn 8290 N.W. 64th Street - Miami, FL 33166 Phone: 305 597.9701 fax: 305.597.9702 LB7388 - L08020 j sulci ng.c om Legal Description & Legend Glass House, a Condominium 2820 McFarlane Rd Miami, FL 33133 Prepared For: 2, CITY OF ` MIAMI 444 SW 2nd Avenue Miami, Florida 33130 P:(305) 416-1426 November _, 2016 SURVEYOR'S NOTES: Bearings are based on an assumed meridian, where the monument line of McFarlane Road, bears North 45°47'21" West. All distances as shown are based on the US Survey foot. The accuracy obtained for all horizontal control measurements and office calculations of closed geometric figures, meets or exceeds the Standards of Practice as set forth by the Florida Board of Professional Surveyors and Mappers as contained in F.S. 472.027 Rule 5J-17.051 and 5J-17.052 of 1 foot in 7,500 feet for Suburban Areas. The Subject Property does not lies within a Special flood Hazard Area (SFHA) as shown on the National Flood Insurance Program's, Flood Insurance Rate Map for Miami -Dade County, Florida and Incorporated Areas Map No. 12086C0476L, Community No. 120650, bearing an effective/revised date of September 11, 2009. Said map delineates the herein described land to be situated within Zone X, lying within an area outside of the 0.2% annual chance floodplain. No encroachments were noted by this survey, except as shown hereon. The ownership of the fences and/or walls as shown hereon was not determined. The location of utilities on or adjacent to the property was not secured. The Surveyor has preformed no subsurface investigation or determined the location of underground footers. The client provided Parcel limits and the legal description was prepared by the surveyor. No title search has been conducted. There may exist easements, rights of way and/or other encumbrances affecting the subject property not disclosed hereon. Any notorious evidence of occupation and/or use of the described parcel for Right -of -Way, Ingress or Egress are shown on this survey drawing. However, this survey does not purport to reflect any recorded instruments or Right -of -Way other than as shown on the underlying record plat or as stated in the legal description or as noted in the recorded documents provided to the Surveyor. A comparison between measured (M), plat (P), calculated (C) and record (R) dimensions is delineated hereon. Record dimensions are based on the City of Miami Public Works Department Municipal Atlas Sheets. Although the information depicted on said Map was prepared from the best available information, City of Miami assumes no responsibility for any errors or omissions. This map is intended to be displayed at a scale of 1/40 or smaller. SURVEYOR'S CERTIFICATION: This is to certify that there are no existing structures, improvements, utilities or easements of record on or adjacent to the land herein described other than as shown hereon, and that this Boundary Survey and a Topographic Survey and has been prepared under my supervision and is true and correct; I further certify that this "Boundary Survey" meets the Standards of Practice set forth by the Florida Board of Professional Surveyors and Mappers as set forth in Rule 5J-17.051 and 5J-17.052, Florida Administrative Code, pursuant to Chapter 472.027, Florida Statutes. TRIANGLE SURVEYING AND MAPPING, Inc John Liptak Professional Surveyor and Mapper No. 5664 State of Florida The survey map and notes and/or report or the copies thereof are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. Surveyor's Notes & Certification Glass House, a - Prepared n OFed OF a 1•.'- Condominium -. MIAMI E TRIANGLE .j4MMER. 2820 McFarlane Rd 444 SW 2nd Avenue g IS NOW Miami, Florida 33130 8290 N.W. 64th Street - MI -1, FL 33166 Miami, FL 33133 P; (305) 416-1426 •o Phone; 305.597.9701 Fax: 305.597.9702 LB7388-LB80�0Ing om November_, 2016 o` SURVEYORS' NOTES: Columns, structural walls, and perimeter structures are Common Elements (CE) as and to the extent set forth in the Declaration. "ALL IMPROVEMENTS ARE EXISTING" and are based on boundary survey prepared by this office. For a complete description of the Unit boundaries as shown hereon, refer to the Declaration of Condominium. ABBREVIATIONS: CE Common Element LCE Limited Common Element SURVEYORS' CERTIFICATION: The undersigned, a Professional Surveyor and Mapper, duly authorized to practice under the laws of the State of Florida, hereby certifies that this Exhibit , which is annexed and expressly made a part of this Declaration of Condominium of GLASS HOUSE, A CONDOMINIUM, together with provisions of the declaration describing said Condominium property is an accurate representation of the location and dimensions of the FINAL IMPROVEMENTS and so that the identification, location, and dimensions of the Limited Common Elements (LCE), Common Elements (CE), and of each Unit can be determined from these materials. This certification relates to matters of Survey only, and is not intended to certify that the improvements have been constructed in accordance with any applicable governmental or building code requirement(s). E DATE: 11-29-2016 MASER CONSULTING, P.A. r JOHN LIPTAK State of Florida Professional Surveyor and Mapper No. 5664 Not valid without the signature and original seal of a Florida Surveyor and Mapper TRIANGLE IS NOW MASER 8290 N.W. 64th Street • Miami. FL 33166 •; Phone: 305,597.9701 Fax: 305.597.9702 LI37388 - L88020 p sultle'.tom Glass House, a Condominium 2520 McFarlane Rd Miami, FL 33133 Prepared For: • CITY OF -4 ` MIAMI 444 SW 2nd Avenue Miami, Florida 33130 P: (305) 416-1426 November—, 2016 Exhibit "B" Survey, Plot Plan and Floor Plan Np �Ao 0/01p 'W } WFARLANE ROAD 'k-) 0 00 Asphalt Pavement N � to (Varies) r2' Curb. & Gutter i Set PCP LB #7388 Parking Spaces o 0 o Parking Spaces o 51 •10' Concrete Sidewalk 545 4 WE 118.0 N45'4721'W Fn.d PRM"- -- C -R—Bottom o Cr ea.- .. N � - alkwa Top ofg R% Sign PCC ^ -b N .- ,� Northwesterly Ste Rock Concrete Table - Corner TRACT A and Bench (Typ.) (PB 82 PG 85) °g ----Concrete Walkway Iron 1.93' _ ;n 0 39.74' 41.14' 19.62' 1 I Fence Pavers Artificial `� ONE STORY o / ( Paver Pavers Grass , o CBS BUMG No. 2820 J �r rL 45° 7'21"W o 220.00°2,001 39.74' 0 41.14' 19.62' I in 0 0 Fri � Coo Malkwatr �' y PRM— - ---_77 T 1.6' Roof Overhang Concrete - Stand r%Arercoi Playground for Fan 2 52und Area ® a 24 - IArtificial Gross 00 "Fnd PRM i S45472123000/ ) PORTION OF TRACT A COCONUT GROVE BAYFRONT PARK SECTION ONE (PB 82 PG 85) Notes; E See Sheet — of _ for Legend and Abbreviations. 0 o U TRIANGLE o I5 NOW M AMASER 8290 N.W. 64th Street - Miami, FL 33166 Phone: 305,597.9701 Fax: 305.597.9702 Fw.m a0e388o nLln5'Ing.com Boundary Survey Glass House, a Condominium 2820 McFarlane Rd Miami, FL 33133 Fnd Y N V) 0' 40' Prepared For: CITY OF ,' MIAMI 444 SW 2nd Avenue Miami, Florida 33130 P: (305) 416-1426 November_, 2016 E E 0 Rk)A&FARLANE � ROAD "k) swLEGEND: Unit L.C.E. Unit A ® Limited Common Element Unit A L.C.E. Unit B Limited Common Element Unit B a TRIANGLE ;, j� MASElZ 6/1 IS NOW 8290 N.W. 641h Street - Mlaml, FL 33166 a Phone: 305 .597,9701 Fax: 305.597.9702 j a Be388 - L880�0 ng.co Site Plan Glass House, a Condominium 2820 McFarlane Rd Miami, FL 33133 e e 1 0' 40' Prepared For: G_s. CITY OF MIAMI 444 SW 2nd Avenue Miami, Florida 33130 P:(305) 416-1426 November _, 2016 For additional information relating to the restrictions and limitations of the Condominium and survey exhibits shown hereon, refer to the Surveyor's notes and/or the Declaration of Condominium. E E s LEGEND: Unit LC.E. Unit A ® Limited Common Element Unit A LC,E, Unit B = Limited Common Element Unit B E T IS NO LE � "►A A CER 66 IS NOW i7 {��'�17 8290 N.W. 64[1, Scree[ - MI -1, FL 33166 Phone: 305.597.9701 Fez: 305.597.9702 w.maBe388-n S u?t1 ng — loser w Floor Plan 11 Glass House, a Condominium 2820 McFarlane Rd Miami, FL 33133 0' 20' Prepared For: .alk, CITY OF MIAMI RD 444 SW 2nd Avenue Miami, Florida 33130 P: (305) 416-1426 November—, 2016 For additional information relating to the restrictions and limitations of the Condominium and survey exhibits shown hereon, refer to the Surveyor's notes and/or the Declaration of Condominium. LEGEND: Unit L.C.E. Unit A ® Limited Common Element Unit A L.C,E, Unit B Limited Common Element Unit B E TRIANGLE . %4MMER ISNOW rn 8290 N.W. 64th Street • Miami, FL 33166 3 Phone: 305.597.9701 Fax: 305.597.9702 L17311 . 118020 u ting.com Floor Plan 2 Glass House, a Condominium 2820 McFarlane Rd Miami, FL 33133 0' 20' Prepared For: e». CITY OF 14 MIAMI 444 SW 2nd Avenue Miami, Florida 33130 P: (305) 416-1426 November_, 2016 For additional information relating to the restrictions and limitations of the Condominium and survey exhibits shown hereon, refer to the Surveyors notes and/or the Declaration of Condominium. LEGEND: Unit LC.E. Unit A ® Limited Common Element Unit A LC.E. Unit B Limited Common Element Unit B E TRIANGLE j4'MASER 11611 IS NOW rn 8290 N.W. 64th Stre t - Miami, FL 33166 Phone: 305.597.9701 Fax: 305.597.9702 L073.88 • LB80�0 o ing.c South Elevation Elevations Glass House, a Condominium 2820 McFarlane Rd Miami, FL 33133 0' 20' Prepared For: +_=r CITY OF 444 SW 2nd Avenue Miami, Florida 33130 P: (305) 416-1426 November _, 2016 For additional information relating to the restrictions and limitations of the Condominium and survey exhibits shown hereon, refer to the Surveyors notes and/or the Declaration of Condominium. UNIT A Recreational Room Hallway Office Bathroom E LLI � v Bathroom p 1L1 W N U V v/ N Elec. z Office 0 Kitchen UNIT B N Restaurant 0 a i 0 N n N 8 N E Unit B (L.C.E.) 0 0 E E 0 U O O b N n N E 0 �'7 0' 20' n Typical Unit it Glass House, a c 1YpoFed For: Condominium MIAMI o E TRIANGLl j�:tdti�sER 2820 McFarlane Rd 444 SW 2nd Avenue IS NOW rn 8290 N.W. 64th Street - MI-1, FL 33166 Miami, FL 33133 Miami, Florida 33130 Phone:305.597.9701 Fax: 3Z05.597.9702 P; (305) 416-1426 o a6e388-1680IOing.com November_, 2016 For additional information relating to the restrictions and limitations of the Condominium and survey exhibits shown hereon, refer to the Surveyor's notes and/or the Declaration of Condominium. n i E TRIANGLE IS NOW /MASER 8290 N.W. 64th Stre t - MI -1, FL 33166 Phone: 305.597.9701 Fax: 305.597.9702 aLB7388 - LB80�.0 ong.c Table Area Unit No. Areas (sq. ft.) A 1,778 B 1,613 C 1,245 D 1,098 E 1,780 Table Areas Glass House, a Condominium 2820 McFarlane Rd Miami, FL 33133 01 20' Prepared For; • CITY OF MIAMI G`1] 444 SW 2nd Avenue Miami, Florida 33130 P; (305) 416-1426 November—, 2016 Exhibit "C" WNS1 ON ,163 : AREAS AND PERCENTAGE FOR. CONDOMINIUM UNITS Unit No. Square Feet Percentage (%) Unit A 1778 23.67% Unit B 1613 21.46% Unit C 1245 16.56% Unit D 1098 14.62% Unit E 1780 23.69% Total: 7514 100% Exhibit "D" Articles of Incorporation of Association ARTICLES OF INCORPORATION OF GLASS HOUSE CONDOMINIUM ASSOCIATION, INC. The undersigned, by these Articles, hereby fonn 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 GLASS HOUSE CONDOMINIUM ASSOCIATION, INC., for convenience, the Corporation shall be referred to in this instrument as the "Association." ARTICLE II - PURPOSES AND POWERS The Association does not contemplate pecuniary gain or profit to the members thereof. The specific purposes for which it is fonned are to provide for maintenance, preservation and architectural control of the condominium units and common elements within that certain Condominium more particularly described in the Declaration of Glass House Condominium (hereafter, the "Declaration of Condominium"), and to promote 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 of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in the Declaration of Condominium, which powers and privileges include but are not limited to the following: 1. To fix, levy, collect and enforce payment of by any lawful means all appropriate charges or assessments; 2. To pay all expenses incident to the conduct of the business of the Association, including all licenses, 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 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 transferee designated by such instrument shall become a member of the Association and the membership of the transferor shall be tenminated. B. Appurtenance to Unit. The share of a member in the holds and assets of the Association shall not be assigned, hypothecated or transferred in any manner except as an appurtenance to his Unit. C. Voting Rights. For each Unit owned each Owner shall be entitled to the proportionate voting interest calculated in accordance with each Unit's fractional or percentage share, as shown in the Declaration of Condominium. When more than one person holds an interest or interests in any Unit, the vote for such Unit shall be limited to one vote as the Owners among themselves determine. The manner of exercising voting rights shall be detennined by the By -Laws of the Association. D. Meetings. The By -Laws shall provide for meetings of the members. A. Membership of Board. The affairs of this Association shall be managed by a Board consisting of the number of Directors detenmined 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 Daniel J. Alfonso City of Miami 444 SW 2nd Avenue Miami, Florida 33130 Alberto N. Parjus City of Miami 444 SW 2nd Avenue Miami, Florida 33130 Daniel Rotenberg City of Miami 444 SW 2nd Avenue 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 Directors. ARTICLE V - OFFICERS 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 Daniel J. Alfonso City of Miami 444 SW 2nd Avenue Miami, Florida 33130 Vice President/Secretary Alberto N. Parjus City of Miami 444 SW 2nd Avenue Miami, Florida 33130 Treasurer Armando Blanco City of Miami 444 SW 2nd Avenue Miami, Florida 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 unposed upon 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 perforinance 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 - DY -LAWS The first By -Laws of the Association shall be adopted by the Board and may thereafter be altered, amended or rescinded in the manner provided in such By -Laws. ARTICLE VIII - AMENDMENTS Amendments to the Articles of Incorporation may be considered at any regular or special meeting of the members and may be adopted in the following mamler: 1. By notice of the subject matter of a proposed 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 the 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 than sixty-seven percent (67%) of the votes of the voting members. ARTICLE IX - TERM The term of the Association shall be perpetual. 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 XII - RESIDENT AGENT The naive and street address of the Resident Agent of the Corporation is: Daniel J. Alfonso City of Miami 444 SW 2nd Avenue Miami, Florida 33130 ARTICLE XIII - MISCELLANEOUS A. Developer's Rights. No amendment of these Articles of Incorporation or the By -Laws shall change Developer's rights and privileges as set forth in the Declaration of Condominium without Developer's prior written approval so long as Developer owns any Unit. B. Stock. The Association shall issue no shares of stock of any kind or nature whatsoever. C. Severability. Invalidation of any one or more of the provisions hereof shall in no way affect any other provisions, which shall remain in full force and effect. D. Initial Principal Office. The street address of the initial principal office and street address of the Corporation is: City of Miami 444 SW 2nd Avenue Miami, Florida 33130 E. Incorporator. The name and street address of the incorporator of these Articles of Incorporation is: Daniel J. Alfonso City of Miami 444 SW 2nd Avenue Miami, Florida 33130 [SIGNATURES TO FOLLOW] IN WITNESS WHEREOF, the undersigned subscriber has executed this instrument the day of December, 2016. Signed, Sealed and Delivered in the presence of. Print Name Signature Print Name Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE Daniel J. Alfonso, Incorporator The foregoing instrument was acknowledged before me this day of December, 2016, by Daniel J. Alfonso. Personally Known OR _ Type of Identification Produced Produced Identification NOTARY PUBLIC State of Florida at Large My Commission Expires: ACKNOWLEDGMENT Having been named to accept service of process for the above stated Association, at the place designated in these Articles, the undersigned hereby accepts its obligation to act in this capacity, and agrees to comply with the provisions of Chapter 617, Florida Statutes, relative to keeping open said office. Daniel J. Alfonso Exhibit "E" By -Laws of Association DY -LAWS OF GLASS MOUSE CONDOMINIUM ASSOCIATION, INC. A corporation not for profit organized under the laws of the State of Florida 1. Identity. These are the By -Laws of GLASS HOUSE 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 at 444 SW 2nd Avenue, Miami, Florida 33130, or such other place as may be subsequently designated by the Board of Directors. 1.2 The seal of the Association shall bear the name of the corporation, the word "Florida", the words "Corporation Not for Profit", and the year of incorporation. 2. Definitions. For convenience, these By -Laws shall be referred to as the "By -Laws" and the Articles of Incorporation of the Association as the "Articles". The other terms used in these By -Laws shall have the same definitions and meanings as those set forth in the Declaration for Glass House Condominium, unless herein provided to the contrary, or unless the context otherwise requires. 3. Meetings 3.1 Annual Meeting. The annual members' meeting shall be held on November 1 st of each year or such other date determined by the Board of Directors, at the place and at the time detennined by the Board of Directors from time to time, provided that there shall be an annual meeting every calendar year and, to the extent possible, no later than twelve (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. 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 snail 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 of the notice for either special or annual meetings, which notice shall include an agenda, shall be mailed or delivered not less than fourteen (14) days, nor more than sixty (60) days, prior to the date of the meeting. Further, the notice for the annual meeting shall be posted in a conspicuous place for fourteen (14) continuous days preceding the meeting. Notice of specific meetings may be waived before or after the meeting and the attendance of any member (or person authorized to vote for such member), either in person or by proxy, shall constitute such member's waiver of notice of such meeting, and waiver of any and all objections to the place of the meeting, the time of the meeting or the manner in which it has been called or convened, except when his (or his authorized representative's) attendance is for the express purpose of objecting at the beginning of the meeting to the transaction of business because the meeting is not lawfully called. An officer of the Association, or the manager or other person providing notice of the meeting shall provide an affidavit or United States Postal Service certificate of mailing, to be included in the official records of the Association, affirming that notices of meetings were posted and mailed or hand delivered in accordance with this Section and the 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 Quoruin. 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 Unit's fractional or percentage share, as shown in the Declaration. The vote of a Unit shall not be divisible. (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, trust or other entity, the person entitled to cast the vote for the Unit shall 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 superseded by a subsequent certificate or until a change in the ownership of the Unit concerned. A certificate designating the�person entitled to cast the vote for a Unit may be revoked by any record owner of an undivided interest in the Unit. If a certificate designating the person entitled to cast the vote for a Unit for which such certificate is required is not on file or has been revoked, the vote attributable to such Unit shall not be considered in detennining 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 be required to look outside the document to confirnl the validity of any signatures thereon or compliance with any applicable corporate procedures which may or may not have been followed. The Association shall be entitled to assume the authority and enforceability of any certificate on file and the signor of any 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 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 revocable 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 above described), naive the person(s) voting by proxy and the person authorized to vote for such person(s) and filed with the Secretary before the appointed time of the meeting, or before the time to which the meeting is adjourned. Each proxy shall contain the date, time and place of the meeting for which it is given and, if a limited proxy, shall set forth the matters on which the proxy holder may vote and the mamler in which the vote is to be cast. There shall be no limitation on the number.of proxies which may be held by any person including a designee of the Developer. If a proxy expressly provides, any proxy holder may appoint, in writing, a substitute to act in its place. 3.8 Adjourned Meetings. If any proposed meeting cannot be organized because a quorum has not been attained, the members who are present, either in person or by proxy, may adjourn the meeting from time to time until a quorum is present, provided notice of the newly scheduled meeting is given in the manner required for the giving of notice of a meeting. Except as required above, proxies given for the adjourned meeting shall be valid for the newly scheduled meeting unless revoked for reasons other than 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; (f) Tabulation of votes for Directors; (g) Reading or waiver of reading of minutes; (h) Reports of officers; (i) Reports of committees; (j) Unfinished business; (k) New business; (1) Adjourmnent. Such order may be waived in whole or in part by direction of the chairman. 3.10 Minutes of Meeting. The minutes of all meetings of Unit Owners shall be kept in a book available for inspection by Unit Owners or their authorized representatives and Board members at any reasonable time. The Association shall retain these minutes for the duration specified in the Condominium Act. 3.11 Action Without A Meeting. Anything to the contrary herein notwithstanding, to the extent lawful, any action required or which may be taken at any aiulual or special meeting of members, may be taken without a meeting, without prior notice and without a vote if a consent in writing, setting forth the action so taken, shall be signed by the members (or persons authorized to cast the vote of any such members as elsewhere herein set forth) having not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting of members at which all members (or authorized persons) entitled to vote thereon were present and voted. In order to be effective, the action must be evidenced by one or more written consents describing the action taken, dated and signed by approving members having the 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 suimnarize 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. 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, the Association shall mail or deliver to each Unit Owner entitled to vote, a first notice of the date of election. Except for appointees of the Developer, only Unit Owners may serve as Directors. Any Unit Owner desiring to be a candidate for the Board shall give written notice to the Association not less than forty (40) days prior to the scheduled election. Not less than fourteen (14) days and no more than thirty-four (34) days before the election, the Association shall snail or deliver a second notice of the election meeting to all Unit Owners entitled to vote therein, together with an agenda and a ballot which shall list all candidates. The election of directors shall be by written ballot or voting machine. Elections shall be decided by a plurality of those ballots and votes cast. There shall be no quorum requirement, however at least 20 percent of the eligible voters must cast a ballot in order to have a valid election of members of the Board. There shall be no cumulative voting. Notwithstanding the provisions of this Section 4.2, an election and balloting are not required unless more candidates file notices of intent to run than vacancies exist on the Board. 4.3 Vacancies and Removal. (a) Except as 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 Developer pursuant to the provisions of paragraph 4.13 hereof shall be filled by the Developer without the necessity of any meeting. (b) Any Director elected by the members (other than the Developer) 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. (c) Anything to the contrary herein notwithstanding, until a majority of the Directors are elected by members other than the Developer of the Condominium, neither the first Directors of the Association, nor any Directors replacing them, nor any Directors named by the Developer, shall be subject to removal by members other than the Developer. The first Directors and Directors replacing them may be removed and replaced by the Developer 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 charged with a felony theft or embezzlement offense involving the Association's funds or property shall be removed from office, creating a vacancy in the office to be filled according to law. While such Director or officer has such criminal charge pending, he or she may not be appointed or elected to a position as a Director or officer. However, should the charges be resolved without a finding of guilt, the Director or officer shall be reinstated for the remainder of his or her terin of office, if any. 4.4 Tenn. Except as provided herein to the contrary, the term of each Director's service shall extend until the next annual meeting of the members and subsequently until his successor is duly elected and has taken office, or until he is removed in the manner elsewhere provided. Notwithstanding the foregoing, any Director designated by the Developer shall serve at the pleasure of the Developer and may be removed and replaced by the Developer 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 snail, 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 of the members of that Committee are present shall be open to all Unit Owners. 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 emergency basis by at least a majority plus one of the members of the Board. Such emergency 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 Owners 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 the notice and filed among the official records of the Association. Special meetings of the Directors may be called by the President, and must be called by the President or Secretary at the written request of one-third (1/3) of the Directors or where required by the Condominium Act. 4.7 Waiver of Notice. Any Director may waive notice of a meeting before or after the meeting and that waiver shall be deemed equivalent to the due receipt by said Director of notice. Attendance by any Director at a meeting shall constitute a waiver of notice of such meeting, and a waiver of any and all objections to the place of the meeting, to the time of the meeting or the manner in which it has been called or convened, except when a Director states at the beginning of the meeting, or promptly upon arrival 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. 4.10 Written Approval of Minutes. 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 Developer is entitled to appoint a majority of the Directors, as hereinafter provided. The Developer shall have the right to appoint all of the members of the Board of Directors until Unit Owners other than the Developer own fifteen percent (15%) or more of the Units that will be operated ultimately by the Association. When Unit Owners other than the Developer own fifteen percent (15%) or more of the Units that will be operated ultimately by the Association, the Unit Owners other than the Developer shall be entitled to elect not less than one-third (1/3) of the members of the Board of Directors. Unit Owners other than the Developer are entitled to elect not less than a majority of the members of the Board of Directors (a) three years after fifty percent (50%) of the Units that will be operated ultimately by the Association have been conveyed to purchasers; (b) three months after ninety percent (90%) of the Units that will be operated ultimately by the Association have been conveyed to purchasers; (c) when all of the Units that will be operated ultimately by the Association have been completed, some of them have been conveyed to purchasers, and none of the others are being offered for sale by the Developer 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 Developer 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 Developer is entitled (but not obligated) to elect at least one (1) member of the Board of Directors as long as the Developer 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 Developer relinquishes control of the Association, the Developer may exercise the right to vote any Developer -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 Developer are 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 Developer elect a majority of the members of the Board of Directors of the Association the Developer 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 Developer as specified in the Condominium Act. Not more than ninety (90) days after such event, Developer 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 Association, in executing such powers, except such acts which by law, the Declaration, the Articles or these By -Laws may not be delegated to the Board of Directors by the Unit Owners. Such powers and duties of the Board of Directors shall include, without limitation, the following: (a) Operating, improving, altering and maintaining all Common Elements and the Association Property. (b) Exercising (i) all powers specifically set forth in the Declaration, the Articles, these By -Laws and in Chapters 718 and 617 of the Florida Statutes; and (ii) all powers incidental thereto. 6. Officers. 6.1 Executive Officers. The executive officers of the Association shall be a President, a Vice President, 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 Developer, 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. 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 perforin all other duties incident to the office of the secretary of an association and as may be required by the Directors or the President. 6.5 Treasurer. The Treasurer shall have custody of all property of the Association, including funds, securities and evidences of indebtedness. The Treasurer shall keep books of account for the Association in accordance with good accounting practices, which, together with substantiating papers, shall be made available to the Board of Directors for examination at reasonable times. The Treasurer shall submit a treasurer's report to the Board of Directors at reasonable intervals and shall perform all other duties incident to the office of treasurer and as may be required by the Directors or the President. All monies and other valuable effects shall be kept for the benefit of the Association in such depositories as may be designated by a majority of the Board of Directors. 6.6 Developer Appointees. Until such time as the Developer relinquishes control of the Association to Unit Owners, no officer appointed by the Developer may be removed except as provided in Section 4.13 hereof and by law. 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. Resignations. 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 Developer or officers who are not required to be Unit Owners) shall constitute a written resignation of such Director or officer. 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 Bum. (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 the Unit Owners in accordance with the provisions of the Declaration. In addition, if the Association maintains limited common elements with the cost to be shared only by those entitled to use the limited common elements, the budget or a schedule attached thereto shall show amounts budgeted therefor. In addition to annual operating expenses, the budget shall include reserve accounts for capital expenditures and deferred maintenance (to the extent required by law). Reserves shall not be required if the members of the Association have, by a majority vote at a duly called meeting of members, determined for a specific fiscal year to provide no reserves or reserves less adequate than required hereby. Prior to transfer of control of the Association to Unit Owners other than the Developer, the Developer may vote to waive reserves or reduce the funding of the reserves for the first two (2) fiscal years of operation of the Association, begimling with the fiscal year in which the initial Declaration is recorded, after which time, reserves may only be waived or reduced upon the vote of a majority of non - Developer voting interests present at a duly called meeting 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: i. 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 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 consider and adopt a budget. The adoption of said budget shall require a vote of Owners of not less than 51% of all voting interests (including Units owned by the Developer). If a meeting of the Unit Owners has been called as aforesaid and a quorum is not obtained or a substitute budget has not been adopted by the Unit Owners, the budget adopted by the Board of Directors shall go into effect as scheduled. iii. Deterinination of Budget Amount. In determining whether a budget requires Assessments against Unit Owners in any year exceeding one hundred fifteen percent (115%) of Assessments for the preceding year, 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 not anticipated to be incurred on a regular or annual basis, and there shall be excluded further from such computation Assessments for improvements to the Condominium Property. (b) Adoption by 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 (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 next regular installment in the following year, unless otherwise directed by the Board in Its resolution. 9.4 Special Assessments. Special Assessments may be levied as provided in the Declaration and shall be paid in such imamler as the Board of Directors of the Association may require in the notice of such Assessments. 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 a credit towards future assessments. 9.5 Depository. The depository 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 monies of the Association shall be deposited. Withdrawal of monies from those accounts shall be made only by checks signed by such person or persons as are authorized by the Directors. 9.6 Late Charges and Acceleration 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. 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 the Unit Owner, the amount of Assessments, the dates and amounts in which the 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 the end of the fiscal year, the Board shall email, or furnish by personal delivery, to each Unit Owner either (a) a complete financial report of actual receipts and expenditures for the previous fiscal year; or (b) a complete set of financial statements for the preceding fiscal year prepared in accordance with generally accepted accounting principles, unless the Division adopts alternate standards, in which case such standards shall be followed; or (c) such other financial report as may be required by Section 718.111(13) of the Florida Statutes for the previous fiscal year. The report shall show the amount of receipts by accounts and receipt classifications and shall show the amount of expenses by accounts and expense classifications, including, if applicable, but not limited to, the following: (a) Costs for security; (b) Professional and management fees and expenses; (c) Taxes; (d) Costs for recreation facilities; (e) Expenses for refuse collection and utility services; (f) Expenses for lawn care; (g) Costs for building maintenance and repair; (h) Insurance costs; (i) Administrative and salary expenses; and (j) Reserves for capital expenditures, deferred maintenance and any other category for which the Association maintains a reserve account or accounts. 9.9 Application of Pa.. rte. 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 the Association a copy of the deed or other document showing his ownership. The Association shall maintain such information. The Association may rely upon the accuracy of such information for all purposes until notified in writing of changes therein as provided above. Only Unit Owners of record on the date notice of any meeting requiring their vote is given shall be entitled to notice of and to vote at such meeting, unless prior to such meeting other Unit Owners shall produce adequate evidence, as provided above, of their interest and shall waive in writing notice of such meeting. 11. Parliamentary. Except when specifically or impliedly waived by the chairman of a meeting (either of members or directors), Robert's Rules of Order (latest edition) shall govern the conduct of the Association meetings when not in conflict with the Condominium Act, the Declaration, the Articles 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 persons properly participating in said meeting. 12. Amendments. Except as may be provided in the Declaration to the contrary, these By -Laws may be amended in the following 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 Developer or mortgagees of Units without the consent of said Developer and mortgagees in each instance. Any consent required of 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 Developer alone if the amendment has been adopted consistent with the provisions of the Declaration allowing such action by the Developer. 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 recorded. 13. Official Records. The official records of the Association shall be maintained in the Association's office or such other location within the state as designated by the Board of Directors in accordance with the requirements of the Act. The official records of the Association shall be open to inspection by any Association member or the authorized representative of such member at all reasonable times in accordance with the requirements of the Condominium Act. The right to inspect the records includes the right to make or obtain copies, at a reasonable expense, if any, of the Association member. The Association may adopt reasonable rules regarding the time, location, notice and maiuler of record inspections and copying. 14. Disputes. Without limiting any other remedies which may be available in law or equity, those disputes which are governed by mandatory non-binding arbitration proceedings as specified in Section 718.1255, Florida Statutes shall be governed by the procedures set forth therein. 15. Construction. Wherever the context so permits, the singular shall include the plural, the plural shall include the singular, and the use of any gender shall be deemed to include all genders. 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. The foregoing was adopted as the By -Laws of Glass House Condominium Association, Inc., a Florida corporation not for profit, as of the day of December, 2016. Approved: Daniel J. Alfonso, President Alberto N. Parjus, Secretary