PINE RIDGE N I CONDOMINIUM ASSOC DOCS I

Jun. 30. 10:35AM HOME RJN REAL ESTATE No. 8637 F. 3

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This instrument was prepared by:

3. ESQUIRE, 3942001-02—1955 SCH—31
Becker & P8liakoff, Th,A. 0R3
500 Australian Avenue South
9th Floor El

1 West Palm Beach, FL 33401

CERTIFICATE OF AMENDMENT TO THE INC.
DECLAflflON OF CONDOMINIUM FOR
PINE RIDGE NORTH I, A CONDOMINIUM
AND THE ARTICLES OF INCORPORATION

AND BY-LAWS OF
PINE RIDGE NORTH I CONDOMINIUM ASSOCIATION,

I, A. WHEREAS, the Declaration of Condoininimu for Pine Ridge North
Condominium, has been duly recorded in the Public Records of
Pain
808; Beach County, Florida, in Official Record Book 3658 at Page
and

WHEREAS, the Articles of Incorporation tar Pine Ridge North i
are attached as an exhibit thereto;
condominium Association, Inc.
and

WHEREAS, the By—Laws for Pine Ridge North I Condominium
Association, Inc. are attached as an exhibit thereto; and

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NOW,. THEREFORE, the undersigned hAerrteibcylesceorftiIfnycotrphaotratitohne
to the Declaration,
following amendments and correct copy of the amendments as amended

and By-Laws is a true

by the membership;

"SEE EXHIBIT "A" ATTACHED HERETO"

Jun. 30. 10:36AM HOME RJN REAL ESTATE No. 8637 F.

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atWITNESS my signature hereto this ±cL day of ,

1995, West P4J,m Beach, Palm Beach County, Florida;

PINE RIDGE NORTH I CONDOMINIUM
ASSOcIATION, INC. President

witness c/ By:__ I

(PRINT NAME) -- Attest: Secretary

4/ -

Witness
Harriet.

(PRINT NAME)

STATE OF FLORIDA

COUNTY OF PALM BEACH

The instrument was acknowledgcg before me this
1925 by S4J'Lt 1 ,i3Scc,
• and

day of

as
—. respectively, of Pine Ridge North I
condominium Association, Inc., a Florida not-for-profit
tocorporation, on behalf of the corporation; They are
own me, or have produced S- .

identi lea ion and did ake an oath.

(-- (Signature)

.7 (Print
Notai'y Pub State of .
to, Florida H
fl

COMM

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Jun. 30. 1 10: 36AM )HOME RUN REAL ESTATE ) No, 8637 F. 5

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AND R.ESTATED

flfl RI.I MORTE I INC.,

KNOW ALL MEU BY THESE fl(ESENTS:

On , the original Declaration of Condominiu.m of Pine

Ridge North I Condominium was recorded in Official Record Book

3658, Page 808, et Public Records of Pals Beach County,

Florida. That Declaration of Condominium, with any subsequent
amendments, is hereby amended in part and restated in its entirety.

gection 1. TO this

amended and Restated Declaration of Condominium is made by the Pine
Ridge Z4orth
I condominium Association,! Inc., a Florida corporation
not-for-profit4 The land described in this Declaration and the
located on the land have already been submitted to

condominium ownership and use pursuant to the florida Condominium
Act. No additional property is being submitted to

ownership by this Declaration.

søct±on 2.' 2Thfl AND ADDRESS. The name of this

Condominium is PINE• RIDGE NORTH I .CONDMINItIM and its street

address is SOC shady Pine Way, West Palm Beach, Florida 33415.

section 3. The following definitions shall

apply in this Declaration and in the Articles of Incorporation and

By-Laws, unless the context otherwise requires:

3.1 "Articles", means the Restated Articles of Incorporation,
as amended from time to time.

3.2 means a share at the funds required for the
payment of common expenseS which from time to time is assessed

against all of the Units. Assessments shall be levied against each
Owner' in a percentage, equal to that Owner's undivided share in the,
common elements and common surplus1

33 means PINE RIDGE NORTH I CONDOMINIUM

ASSOCIATION, INC1, a Florida corporation 'not for profit, its
successors, assigns and legal representatives.

"AssociatiorL.Cgrtffi.cateM means a certificate of the
Association in recordable form signed by the President or Vice'-
President and Secretary or Assistant Secretary of the Association.

"A"

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Jun. 30. 1 10: 36AM HOME RUN REAL ESTATE No, 8637 F. 6

ORB 8942

3.5 or means all property, real or
Association, or dedicated by a
owned leased by the

recorded subdivision plat to the Association for the USQ and
benefit of the Owners.

3.6 and Improvements" means the structures and
improvements on the Properties.

3.7 "9garcLof or means the representative -[
body which is responsible for the adninistration of the
L
Association's affairs.

3.8 "Sv—LAWsZ mean the Amended and Restated By-Laws, as
amended from time to time.

3 .9 "Co.r means all portions of the Condominium
Property not included within the Units, but not Association
Property, and includes without limitation the following:

A. The land.

B. All portions of the buildings and other improvements

on the land not included within the Units, including

limited conan elements4 -

C. Easements through Units for conduits, ducts,

plumbing, wiring, and other facilities for

furnishing utility services to more than one Unit

and/or the common elements.

0. An easement of support in every portion of the
Condominium which contributes to the support of a
building.

S. The property and installments required for

furnishing utilities and other services tomore than

one Unit or to the common elements.

F. Any other parts of the Condominium Property
designated as Common Elements in this Declaration.

3.10 "Caonnddomailnliumrecorded ekhthimtse,ansincalunddingincAlurdteicslesthoisf

Declaration
incorporation and By—Laws, as amended from time to time.

3.11 "Declaration" means thIs Amended and Restated
Declaration, as amended from time to time.

3.12 "Developer" means HOVNANIAN OF PALM SEACH, INC., a
Florida, coration, its successors, assigTls and legal

representatives.

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Jun. 30. 1 10: 37AM /HOME RUN REAL ESTATE No, 8637 F. 7...,,,

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ORB 3942 P3 154o

3.].3 means those items of tangible persona],

which by being physically annexed or Constructivejy

affixed to the Unit have become accessory to it and part and parcel
of it, including but not limited tot interior p4rtitions, walls,

palpuplnibtahncgeks fjwxhtiubrhes have been build. in or permanently affixed, and
in not
kitchens and bthrooms. Fixtures

include floor, wall or ceiling coverings.

3.14 "Guest" means any person who is not a member of the

family occupying a Unit, and who is physically present in, or
occupies the Unit at the invitation of the Owner or other legally

permitted occupant, without req3lirement to contribute money,

perform any services or provide, any other consideration to the

Owner or Lessee in connection with occupancy of the Unit. A

permanent occupant of a Unit shall not be.. considered as a Guest.

Furthermore, an Owner, of a Unit shall, never be considered a Guest

in the Unit he owns, unless the Owner is visiting his Lessee in his

Unit. -

3.15 means the holder (or its

assigns) of a mortgage against a Unit, which mortgagee is a bank,

savings and loan association, mortgage company, insurance company,

real estate or mortgage investment trust, pension or profit sharing

trust, the Federal Housing Administration, the Veterans

Administration, or any agency of the Uhited States of America. the

isterm also refers to any holder of a mortgage against a Unit which
mortgage guaranteed or insured by the Federal Housing
.
the Veterans Administration, any agency porfivathtee
AUdnmiitendistSratatiteosn, of America, or by any other
public or
corporation engaged in the business of gtiaranteeing or insuring

residential mortgage loans, and, their successors and assigns.

"Institutjçnal First means the foregoing, but is limited

to the holder of a first mortgage.

3.16. means the grant•by an Owner of a temporary right

of use of the Owner's Unit for 'valuable consIderation.

3.11 "Licensed means an architect licensed to

practice in the State of florida.

3.18 Common means and refers to those

common elements which are reserved fpr the use of a Certain Unit

or.Units to the exclusion of other Units, as specified in this

Declaration.

3.19 9(ember" or means a record
Owner of a Unit.

3.20. "Occuvy" shall mean and refer to the act of being

physically present in a Unit for two (2) or more consecutive days,

including staying overnight. is a person who occupies

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Jun. 30. 1 10: 37AM HOME RUN REAL ESTATE No, 8637 F. 8

ORB 3942 t541

othera Unit. A "peçjflanent means a person who is occupying a
for a vacation.
Unit than aS a Guest or

3.21 "Qriginal pecI&ratidn*I shall mean and refer to that

DeclaratiOP qf Condominium of Pint Ridge North I as

recorded in Official Record Book 3658, Page 808 et. segj, Thsblic

Records of Palm beach County, Florida, as amended prior to this

date.

3.22 'Owner" or "Unit means the record Owner, whether

one or more or entities, of the fee simple title to any

Unit, but excludes those having sUch interests merely as security

for the performance of an obligation.

3.23 prepared stec4ficati.oti" means the plans and
for the Buildings and Improvements prepared
specifications

by

instit3u.2ti4onal "Primary which, at the time a means that
mortgages determination is
made,

holds first mortgages on more Units in the CondominiU2 than any

other institutional Mortgage, Such determination to be made by

dollarreference to the number of Units encumbered, arid not by the

amount of such -

3.25 "?flv'ary Occupant" means a designated natural person

approved for occupancy when title to a Unit is held in the name of
a corporation, business-named partnership or in the name of a

trust.

3.26 "Properties" means the Condominiua Property (Units,
common elements and limited common elements), and Association
Property.

3.21 and Réaialations," means those rules and
tinregulations promulgated from time to
by the Board of

Directors, governing the use of the Properties, including the

Units, and the operation of the Association.

3.28 CommitteeTM means a committee as defined in

the Condominium Act as amended from time to time,

3.29 "tJnjt" means and referS, to that portion of the
Condominium Property which is subject to exclusive ownership.

3.30 means and refers to the arrangemeflt

established in the Condominium Documents by 'which the Owners of

each Unit collectively are entitled to one vote in Association
matters. There ,are 336 Units, 'so the total number of voting

interests is 336 votes.

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C'RB 8942

3.31 "Definitions" as used in the Condominium Documents shall
include the following:

1. shall mean and refer to the (Federal)
Fair Housing kmendments Act of 1988 (Ptthl,.loo-

•430, approved September 13, 1933; 102 STAT.

1619).

2. shall mean and refer to
the administrative rules promulgated by the
Secretary of the Housing and. Urban Development
interpreting and implementing the ACT.

3. "COl'thIIZjLZ" shall mean and refer to PINE RIDGE
NORTh I CONDOMZNITJM, inclusive of the
Association Property.

4. PEREZ" shall mean. and refer to the
exemption for housing for older persons (55 or
over housing) provided for.! in: Section
807(b) (2) (C) of the ACT.

SECTION 4. PESCRIfl,I9Zf Q7 IROflRTT

8O'RVM.. PIsMI. .

4.1 Condoziniia Property
.

consists ot twelve (12) phases, each phase containing thirty—two

(32) units. The twelve (12) phases are legally described in pages
2 through 11, and pageS 14 and 15 of Exhibit "1" attached to the
Original Declaration. Those pages of Exhibit "l" to the Original
Declaration are hereby made part of Exhibit "1" to this Declaration

and incorporated into this Declaration by reference. To the extent

necessary by law at this time, the legal description in each Phase

amendment is incorporated into this Declaration by reference.

4.2 Associatipn Property.

A. There is described in Exhibit "i"
.

to the Original Declaration, a Recreational Parcel

(page 12 of the Exhibit "1" to the Original

Declaration), which includes the clubhouse, poo]. and.

shuffle board and tennis courts. Page 12 of Exhibit
to the Original Declaration is hereby made part
of Exhibit "1" to this Declaration and incorporated

into this: Declaration by reference. That

Recreational Parcel is hereby as
.

Association. Property.

B. Exhibit "1" to the originaTlheDreecliasratdioens,criabedWateinr
MOraingaigneamlenDt eAcrleaarati(opang)e. 13 of Exhibit the
Page 13 of Exhibit to
of

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Jun. 30. 1 10: 38AM HOME RUN REAL ESTATE No, 8637 F.

ORB 8942

the -Original Declaration is hereby made part of
Exhibit "1" to this Declaration and incorporated
into this Declaration by reference. The Water

Management Area is hereby designated as Association

Property.

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4.3 Entire Condominj,,um. The Condominium consists of the
totall.ngabove-mentioned twelve (12) Phases
336 unit, a Recreation

Parcel Water Management Area. The Condominium is legally

on page 1. of Exhibit "1" to the Original Declaration;
isdescribed hereby
made part of Exhibit N1M of this Declaration
that page
and incorporated into this Declaration by reference. No additions

are contemplated to be made to the Condominium.

4.4 .- Plans. Attached to the Original

Declaration as Exhibit "1", an4,to the amendments adding Phases to

this condominium (which are collectively made part of Exhibit "t"

of this Declaration and. incorporated into this Declaration by

reference) are a survey of the land and plot plans, which

graphically describe the improvements in which Units are located,

and which show all the Units, including their identification

numbers, locations and approximate dimensions and the common
Together with this
elements and limited common elements.

Declaration, the foregoing are in suftiôient detail to identify

each Unit, the common elements and limited common elements, and

their relative locations and dimensions.

4.5 Unit Each Unit shall include that part of

the building that lies within the following boundaries, the

boundaries being as follows:

A. Boundarin. The upper and lover
boundaries of the Unit shall be the following
boundaries extended to their interseátions with the
perimetrical boundaries:

1, on First Floor.

(a) Tipper Boundary: The horizontal plane of

the lower surface of the undecorated
unfinished ceiling.

(b) Lower The horizontal plane of

the upper surface of the undecorated
floor.
unfinished

2. Uflits Located on Floor.

(a) The horizontal plane

which is 8']." above and parallel to the

tower boundary of. the Unit.

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Jun. 30. 10:38AM IHOME RUN REAL ESTATE ,, No, 8637 F.

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3942 P5 1544

(b) k Boundary: The horizontal plane

the upper surface of the undecorated

unfinished floor of the unit.

ferirnetrical The perimetrical

.

boundarIes of the Unit shall be the vertical planes

of the back of the dry wall or plaster of the walls

bounding the Unit, extended to their intersections

with each other and with the upper and lower

boundaries.

C. Walls. No part of the non-structural
interior partition walls within a Unit shall be

considered part of the boundary of a Unit.

0. Where there are apertures in any

boundary including, without limitation, windows and

doors, the boundaries shall extend to the interior

unfinished surfaces of such apertures, and their

frameworks.. Surfaces made of glass or other

transparent material and all framing, casing and

hardware, shall be excluded from the Unit.

In cases not specifically covered in thu section 4.4 or in any
case of conflict Or ambiguity, the graphic.depictions of the Unit
boundaries set forth in Exhibit "1" to the original declaration and
in the amendments adding Phases shall control in determining the
boundaries of a Unit, except that the provisions of section 4.4(b)
above shall control over said Exhibits.

SECTION 5. EABZXEflS.

Each of the easements and easement rights referred to in this

Section 5, is reserved through the Properties and is a covenant

running with the land in the Condominium, and notwithstanding any
other provisions of this Declaration, shall. survjve the removal of
any of the Properties from the Condominium, None of the easements
specified in this Section S may be encumbered by. any leasehold or

lien other than those on the Units. My lien encumbering these

easements shall automatically be subordinate to the! rights of the

owners with respect to such easements.

541 S The Association

has the power, without the joinder of ny Owper, to, grant easements

such.as electric, gas, cable television, or other 'utility or serve

easements, and drainage easements, or with respect to securitx,

surveillance or communication, or relocate. any existing easements,

in any portion of the Common Elements and Association Property, and

to grant access eaSements or relocate any existing access easements

in any portion of the Common Elements and Association Property, as

the Association shall deem necessary or desirable 'for the proper

operation and maintenance of the Condominium. Such easements, or

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Jun. 30. 1 10: 39AM HOME RUN REAL ESTATE No, 8637 F. U

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ORB 3542 Ps I

the relocation of existing eascaents, may not prevent or L

unreasonably interfere with the use of the Units. The Association

may also transfer title to utility—related equipment, facilities

or material, and to take any other action to satisfy the
requirements of any utility company or governmental agency to which

any such utility-related equipment, facilities or material are tS

be• so transferred. Utility as referred to herein means a public

or private utility. ,

A. The Board of DirectorS of the Association or its
designee shall have a right to remove any
improvements interfering with or impairing such
facilities or easements reserved in this
Declaration. No Owner shall do any-thing within or
outside his/its'Unit that interferes with or impairs
or may interfere with or impair, the provision

such utility or other services or drainage

facilities or the u5e of these easements.

B. In addition to the foregoing, the following shall

apply with respect to easements for drainage. There
is hereby reserved an easement for drainage from
each Unit onto an adjoining Unit and the Common
Elements and Associatiofl Property. It shafl be the
responsibility of the Association to insure that the
drainage flow from the Common Elements and
Association Property, remains open.and tree.

5.2 Maintenance. There is hereby reserved to the Assoâiation
an easement over the Common Elements, Limited.Common Elements and
Association Property for the Association's maintenance obligations

pursuant to this Declaration. This easement shall also apply over,
on, across, under and through each Unit for the Association's
maintenance obligations under Section 11 of this Declaration.

5.3 If any Unit encroaches upon any of the

•

Common Elements or Association Property for any reason other than

•

the intentional act of an Owner, or if any Common Elements, or

•

Association Property encroaches upon any Unit, then an easement

•

shall exist a the that encroachment as long as the

• -

encroachment exists.

5.4 Lpgress and Earess. A nOn—exclusive easement shall exist

in favor of each Owner and occupant, their respective quests,

tenants, licensees and invitees f or pedestrian traffic over,

through, and acroSS sidewalks, streets., paths, walks, and other

portions of the Common Elements and Association Property as from
time to time may be intended and designated for such purpose and
use, and for véhicular and pedestrian traffic over, through? and

across such portions of the Common Elements and Association

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Jun. 30. 10:39AM HOME RUN REAL ESTATE No 8637 F

3942ORB P9

Property as'trom time to time may be paved or intended for such

purposes; and for purposes of ingress and egress to the public
ways.

A. speed bwnps shall be permitted and shall be deemed
not to violate any rights of any person in whose
favor the easement for ingress aid egress lies.

sECtION 6.

6.1 Condcminju&fltcfli. The Owner of each Unit shall own

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Declaration-

5.2 At,Duflenaflce5 Unit. Tue owner of each Unit shall
have certain rights and a certain interest in the Condominium

property, including without limitation the following:

A. An undivided ownership share in the land and other
common elements and the common surplus, as
specifically set forth in section 6.1 above.

B. Membership and voting tights in the Association,

wAihnmiecnhtdheedshaaRlnledstbRaeetesadtc,aqtuAeidrrteiBdcyl—ealsnadwsoefxoefrIcnitchsoeerdpAoasrsasotpicorionavt'iioadnne,dd

attached to this Declaration as Exhibit ',l"

c. The exclusive right to use the limited common
elements reserved for the Unit,.and the right to use
the common elements.

D. An exclusive easement for the use of the airspace
occupied by the unit.as it exists at any particular
time and as the Unit may lawfully be altered or
reconstructed from time to An easement in

I

airspace which is vacated shall be terminated

automatically.

Other appurtenances as may be provided in this

Declaration and exhibits.
itsE.

Each Unit and its appurtenances constitute a Mcondominium parcel".

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Jun.30. 2011 10:39AM HOME RUN REAL ESTATE No.8631 P. 14

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ORB 3942 1347

divided or any fractional portion sold, leased or Qthet-wjse

transférréd. The usE of the Properties6 including the Units, shall
be governed by th4 condominium Documents as they may be amended
from time to time and by the Rules and Regulations promulgated from
time to time by'the Board of Directors.

isis6.4

Wrheri a Unit
When the,

leased1 a tenant shall have all use rights in'the

Properties otherwise readily available for use generally by Owners,

and the owners shall not have such rights except as a Guest.

Nothing in this Section 6.4 shall interfere with the access rights

of the Owner as a landlord pursuant to Chapter 83, Florida

Statutes. The Board of Directors of the Association shall have the

right to adopt Rules and Requlations to prohibit dual usage by an

Owner and a tenant of the Properties otherwise readily available

for use generally by Owners.

SECTION 7.

7.1 The Common Elements are as defined in section

3.9 above.

7.2 Restraint Upon Partition. The undivided

share of ownership in the common elements surplus appurtenant to

a Unit cannot be conveyed or encumbered, separately from the Unit

and shall pass with the• title to the Unit, whether or not
separately described. No action shall lie for partition of the

common elements1

SECTION LIXITED CO)Q(ON uJlCfll'fl.

8.1 Common Certain common

elements have been designated as limited common elements, reserved

for the use of a particular Unit, to the exclusion of the other

tlnits. The limited common elements and the Units to which their

use has been designated are as described in this Declaration and

as further identifiàd on the survey and. plot plans (Exhibit "0" to

the original declaration which is incorporated by reference into

this Declaration)1 The following common elements are hereby

designated as limited common elements:

A Each terrace and storage
arEa shall be a limited common element of the Unit
so served.

B. Screen Frames1 Shutters. Mrninas
and The windows, screens, screen doors,

screen frames, awnings, gleanstsr,y and sliding glass
doors,
including hardware and
framings/castings, and including any terrace and

storage area enclosure ire limited common elements

of the Unit served thereby.

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Jun. 30. 1 10:40AM HOME RUN REAL ESTATE No. 8637.J,

3942 P9 1343

C. Heat Units. The air

conditioning/heating. unit, including the handling

equipment and a,ii. appurtenances and lines wherever

situated and the concrete pad underneath serving

'each such unit shall be a limited common element of

the Unit served thereby1

•

D. There is assigned to each unit;, as
a limited common element, one parking space, as is
designed on Exhibit "1" to the Original Declaration
which is incorporated by reference into this
Declaration.

E. Others. Any part of the common elements connected
to or exclusively serving a single Unit, and which
is! specifically required in section 11 of this
Declaration to be maintained, repaired, or replaced
by or at the expense of the Owner, shall be deemed
a limited common element appurtenant to that Unit,
whether specifically described above or not.

8.2 Transfer The exclusive use

of a limited common element is an appurtenance to the Unit or Units
to whiéh it is designated or assigned. The right of exclusive use
to each limited common element passes with the Unit(s), whether or
not separately described, and cannot be separated from it/them.

8.3 Conflict. In the event of ponflict between Exhibit "1"
to the original declaration. and this Section as to limited common
elements, this Section 8 shall control.

sECTION 9.! the operation of the Condominium is

by the FINE RIDGE NORTh I CONDOMINIUM ASSOCIATION, INC., a Florida
oncorporation not for profit., which shall perf its functions

pursuant to the Declaration of condominium and the following:

9.1 Articles oflncortoratt,9J]. The ArtiCles of Incorporation
of the Association shall be the Amended and Restated Articles of
Incorporation attached as'Exhthit "1", as amended from time to
time.

9.2 By—Lan. The By-Laws of the Association shall be the
Amended and restated By—Laws attached as Exhibit "1", as amended

from time to time.

9.3 RI The membership of the

Association shall be as provided in the Articles of Incorporation
collectively be
and By-Laws. The OwnerS of each Unit shall
•
entitled to that vote as more fully provided in the Articles of

Incorporation and By-Laws.

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Jun.30. 2011 10:40AM HOME RUN REAL ESTATE No.8631 P. 16

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nfl 8942

9.4 t4mitatiorL.cn t4abj.lity,. Notwithstanding its duty to
aria repair certain Properties, the Association shall
maintain

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caused by1.the elements.

5 purchase The Association shall be

permitted to acquiEe title to real. property (exclusive of Units in
the Condominium) upon the prior vote of a njority of the entire

voting interests of the Owners. The authority of the Association

to purchase Units is as set forth in the Articles of Incorporation.

SECTION 10. MaEE$fl!fla. CBARGLUM!D_LflN$. The Association

has the power to levy and collect assessments against each Unit and
Owner in order to provide the necessary funds for proper operation

and management of the Condominium and for the operation of the

Association, including both annual assessments for each Unit's

share of the expenses as set fort:h, in the annual budget, and

special assessments for any proper common expenses. The

Association may also levy Charges against individual Unit(s) and
owner(s) for any amounts, other than for common expenses, which are
properly chargeable against such Unit and Owner under the

Association Documents.

10.1 Exoenses. Common expenses includ, all expenses

of the operation, maintenance, repair, replacement, protection or

insurance of the Properties, the expenses or operating the

Association, fines levied by gévernaental authority, and any other
expenses properly incurre4 by the Association for the Condominium,

including any amounts budgeted for the purpose of funding reserve

accounts. Common expenses shall include the costs of bulk rate

cable television. These expenditures shall be deemed to be proper

common expenses under Section 718.115(1), Florida Statutes.

10.2 of Each Owner and Unit shall be

liable for that share of the common expenses equal to his undivided

share of ownership in the cOmmon elements, as stated on Exhibit "1"

to the original which is incorporated by reference into

this Declaration. However, cable television charges shall be
.

shared equally if and to the extent that the Condominium Act

requires so.

lO!3 Q Qr5bip. Assessments collected by or on behalf of the

Association become the property of the aAnsysOicnitaetrieosnt. No Owner has

the right to claim, assign, or tranSfer therein except
as an appurtenance to his Unit; No Owner has the right to withdr,aw
or receive distribution of his share of the common surplus, except

as otherwise provided in the Condominium Documents or by law.

10.4 Who The Owner of each Unit,

regardless of how title was acquired, is liable for all assessments

12

Jun. 30. 10:40AM HOME RUN REAL ESTATE . No, 8637 F.

) )

ORB P9 1550

or installments thereon coming due wtiile he is the Owner. Multiple
Owners are jointly and severally liable. Except as
provided in Section lO48A below, whenever title to a Unit is
transferred fpr any reasofl, the transferee is jointly and severally

liableHati.th the transferor for all unpaid assessments against the
recover wfirtohmouttheprterjaundiscfeerotor
trrigahnts,fetrhoer,trarnesgfaerrdeleessmaoyf when to any

have any

amounts paid by the transferee.

10.5 No Pc. r°W anent. The liability for
assessments may not be avoided or abated by waiver of the use of
enjoyment of any Common Area, by abandonment of the Unit on which

the assessments are made, by interti.iption in the availability of
Elements or Association Property for any
the Unit or the
reason whatsoever, or by dissatisfaction with the Association
and/or its operation and policies. No owner may be excused from
payment of his share of the common expenses unless all Owners are

baAlikewise proportionately excused from payment, except as otherwise
provided in section as to certain Mortgagees.

10.6 Late

Fees; Accelerátion.c Assessments and installments thereon paid on

or before thirty (30) days after the date due shall not bear
interest, but all suns hot so paid shall bear interest at the
highest rate Allowed by law on open adcounts at the particular

time, calculated from the date due until paid. In addition, any
asSessments or installments not paid on or before thirty (30) days

after the date due shall result, in the imposition of a late fee

equal to the maxijnta amount permitted by the Condominium Act from

time to time. currently, the maximum is the greater of $25.00 or
and
five (5%) percent of the late payment. .

installments thereon shall became due, and the Owner shall become
liable for the assessments or installments, On the date established

in the By-Laws or otherwise set by the Board of Directors of the

Association for payment. All payments on account shall be applied

in the following order irrespective of any restrictive endorsement

designation or instruction placed on or accompanying any payment;

TO interest1 late tees, costs attorneys' fees, and annual

and/or special. assessments.

A. No payment by check is deemed paid until the check

has cleared. However1 interest and late fees shall
be calculated 'as accruing from the date of the
Association's actual receipt of payment. If any
special assessment or annual assessment installment

as to a Unit becomes more than thirty (30) days past

due, the Association shall have, the right
accelerate the due date of the entire. unpaid balance
of the Unit!s annual assessment for that fiscal year

and/or special assessment, as applicable. The
accelerated, assessments shall be due and payable on

the date on which the Claim of Lien is recorded.

13

Jun. 30. 10:41AM HOME RUN REAL ESTATE No. 8637 F.

)

S942 P9 155i

The Claim of Lien shall Secure late fees so long as
not prohibited by the Condominium Act at that
particular time. The right to accelerate Shall be
ccercised by sending to the delinquent Ovne.r a
notice of the exercise, which notice shall
be sent
by certified or registered mail to the last

known address, and shall be deemed given upon

mailing of the notice, postpaid. The notice may be
given as of the notice of intent to foreclose
part

as required by F.S. 718.116, or may be sent f

separately.

10.7 J4ens. The Association has a lien on each Unit securing

payment of past due assessments, including late fees so long as not

prohibited by the condominium Act at the particular time, and

including interest and paralegal and fees and costs

incurred by the Association incident to the collection of the

assessments or enforcement of the lien, whether before, during or

after a lien foreclosure suit or other lawsuit. Any Claim of Lien
recorded shall state the legal description of the Unit, the name
of the record Owner, the assessments past due and the due dates,

The Claim of Lien is effective from and has those priorities as

stated in the Condominium Act as amended fron time to time and
barred by law. The Claim of Lien seclfles all
in cffect

unpaid assessments, applicable late fees, interest, costs and

attorneys' fees: coming due prior to a final judgment of

foreclosure. Upon full payment, the person making the payment is

entitled to a satisfaction of the lien.

10.8 Priority_gk_Liflri.

A. First First mortgagees shall
have those priorities as stated in the Condominium
Act as amended from time to time. Notwithstanding
any provisiofl to the contra'y in the Condominium
Act, said priority shall also be accorded to
Institutional Mortgàgees as if they were first

aor-tgaqees.

3. L4flses. Any lease of a Unit shall be subordinate

and inferior to any dais of Lien of the

Association, regardless of when the lease was

executed.

10.9 of Law. The Association may

bring an action in its name to foreclose its lien for unpaid

assessments in the manner provided for in the Condominium Act and

may also bring an action to recover a money judgment for unpaid

assessments without waiving any lien rights. In addition to any

assessments due!, the Association shall be entitled to recover

interest, and. all costs of collection, including Court costs and

paralegal and attorneys' fees. Late fees are recoverable at law,

14

Jun. 30. 10:41AM HOME RUN REAL ESTATE No 8637

) '.'

8942 F! —

and as part of the Claim of Lien unless prohibited by the
Act from tine to time. whenever the Association shalt

bring a lien foreclosure action, the Association shall be entitled
to the appointment of a Receiver, which say be the Association, to
collect the rent, If some person other than the Association acts
as Receiver, then the costs of the Receiver shall be.borne by the
party which did not' prevail in the lawsuit! Homestead shall not
be a defense to a mortgage foreclosure action, irrespective of any
provision contained in this Declaration.tO the contrary.

10.10 certificfle As To..,. The Association shall

provide a certificate stating whether all assessments and other
monies owed to the Association by the Owner with respect to the
Unit have been paid, within fifteen (15) days after request by an
Owner or mortgagee. Any person pther than the Owner who relies
upon such certificate shall be protected thereby.

10.11 pflined. Each Unit and Owner shall be liable for

A. charges levied by the Association against the Unit
and Owner. Charges shall be deemed to include but
B.
not be liSited to: maintenance or other services
furnished by the Association for the benefit of an

Owner; damages; and any other sums other than
assessments which are referred to
as Charges in the

Condominium Documents1 At no time shall a Charge

be deemed an assessment under the Condominium Act

or under the Condominium Documents.

Who J.s Liable 19r:.CharQet. The Owner of each Unit,

regardless of how title was acquired, is liable for
all Charges coming dUe while he is the Owner.
Multiple owners are jointly and severally liable.
Except as provided ira Section lO.l1.E below,
whenever title to a Unit is transferred for any
reason, the transferee is jointly and severally
liable with the transferor for all unpaid charges
against the transferor, regardless of when incurred,
without prejudice to any right the transferee may
have to recover from the transferor any amounts paid'

by the transferee.

C. Pay;

fltne.a.t. A-ny Charges paid on or before thirty (30)
days after the date due as specified in the notice
of Charge from the Association shall not bear
interest, but all Charges not so paid shall bear

interest at the highest rate allowed by law,
In
calculated from the date due until paid.
addition, any charges or installments not paid on

or before thirty (30) days after the date due shall

15

Jun. 30. 1 10:42AM HOME RUN REAL ESTATE No, 8637 F. 20

S942 P9

result in the imposition of a late fee of the higher t
or five (5%) percent of the late payment.
of $25.00 j

All, payments on account shall be applied in the sole
discretion of the Board of Directors, irrespective

pf any restrictive, endorsement, designation or
thstruction placed on or accompanying any payment.

The Association also has the right to refuse to

accept a partial or insufficient payment. No

by check is deemed paid until the check has

cleared. However, interest and late fees shall be-

calculated as accrued from the date of the

Association's actual receipt of payment.

D. The Association has a lien on each Unit
securing payment of past due Charges, including
interest, late fees and attorneys' and paralegal
fees and costs incurred by the Association incident

liento the collection of the Charges' or enforcement of

the lien, whether before, during or after &
foreclosure suit or other lawsuit. The lien is
perfected upon recording a. Claim of Lien in the
Public Records of Palm Beach County, Florida,
stating the legal description of the Unit, the name
of the record Owner, the Charges past due and the
due dates. The lien is .in effect until barred kiy
law. Upon full payment of all sums secured by the
Claim of Lien, the perscn making the payment is
entitled to a satisfaction of the lien.

E. Prigrity of Lien.

I. The Association's

lien for Charges shall be subordinate and

inferior to any recorded first mortgage or any
institutional mortgage, unless the
Association's Claim of Lien was recorded before

the mortgage, but shall. be superior to, and

take priority over, any other mortgage

regardless of when the mortgage was recorded.

(a) With respect to any such mortgage which
has superiority over the Association's
claim of Lien: When the mortgagee or
other:purchaser obtains title to the Unit
as a result of foreclosure of the
mortgage, 'or a deed in lieu of
foreclosure, the acquirer of title, its
successors and assigns, shall not be
liable for any delinquent Charges due and
owing to the Association pertaining to the
Unit or chargeable to the former owner of
the Unit which became due prior to the

16

Jun. 30. 10:42AM HOME RUN REAL ESTATE No, 8637 F. 21

) )

3942ORB P3

acquisttion of title is a result or
foreclosure
or a deed in lieu of

foreclosure except as provided in the

Condaminiun Act.

2. Leases. Any lease of a shall be

subordinate and inferior to any Claim of Lien

of the Association, regardless of when the

lease was executed.

F. Foreclq5ure or Action The Association
may bring an action in its name to foraclose

its, lien for unpaid Charges in the same manner

that mortgages are foreclosed in the State of

Florida, and may also bring an action to

recover a money judgment for the unpaid Charges

without waiving any lien rights, and shall be

entitled to recover interest, late fees, and

all 'costs of collection, including Court costs

and pAralegal and attorneys' fees.

SECTION Ii. • ! REPAIR AND
IMPROVEMENTS. Responsibility for the
protection, maintenance, repair and replaöement of the Properties,
and maintenance standards shall be as follows:

11..l Associatiop Maintenance. In addition to other provisions

contained elsewhere in this Declaration, the following Properties
shall be protected, maintained, repaired and. replaced by the

Association at the expense of the Association, as an item of common

expense:

A. common ±flements Property. All

Common Elements and Assdciation Property.

B. Limited Common Elements. All Limited Common
Elements, other than that referred to in Section
11.2.C below to be the responsibility of the

individual owner or Owners.

C. Utility/Plumbinc. All conduits, rough plumbing and
other installations located within or outside of the
Unit for the furnishing of utilities to more than

one Unit, to the Common Elements, Limited Common

Elements maintained by the Association or to
.

Association Property shall be the responsibility of

the Association.

D. The Association shall be responsible
.

to provide termite treatment to the Common Elements

and Association Property. In the event that a

building must be and the Association has

17

Jun.30. 2011 10:42AM HOME RUN REAL ESTATE No.8631 P. 22

8942ORB Pg

the responsibility, the Association shall be f

responsible only for the cast of the actual tenting,

and not for an Owner's or occupant's incidental
expenses such as food and lodging, and not for any

losses to property within the Unit due to the
tentipg process. All Owners and occupants shall be
responsible to remove themselves, their pets and

their perishable items upon reasonable notice by.the
Association, in order for tenting to be effected.
Any owner (for himself and/or for his tenants and

other occupants) who fails to so cooperate shall be

liable, to the Assoqiation for damages caused by
delays and otherwise. The Association shall be
entitled to a preliminary injunction order requiring

compliance with this section ll.1.D.

E. Incidental Except as otherwise stated in

the next sentence, all incidental damage caused to

a unit or limited common elements by work performed
or ordered to be performed by the Association shall
be promptly repaired by arid at the expense of the

Association, which shall restore the property as

nearly as practical to' its condition before the

damage. The Association shall not be responsible

for' such damage. to the wall, floor or ceiling

coverings in any Unit.

11.2 Each Owner is responsible, at

his own expense, for the maintenance, repair, and replacement of

the following Properties

All portions of the Unit, whether the maintenance,
repair or replacement is ordinary or extraordinary;
!inclusive of exteninating within the Unit.

a. The electrical, mechanical and plumbing fixtures and

outlets (including connections) servicing only the
one Unit irrespEctive of where located4

C. Elemçptp. The Owner(s) of

the Unit(s) to which Limited Common Elements are
appurtenant shall bC responsible to maintain, repair
and replace the following limited common elements:

1. As Terrace hrefl_jSection

above: The entirety of the items
referred to in Section 8.1_A above, except for

the following: Painting or steam—cleaning of

the stucco walls and ceiling inside the
terrace; any portions of the storage area which
face away from the terrace; and the terrace

railings.

18

Jun. 30. 1 10:43AM HOME RUN REAL ESTATE No, 8637 F. 23

.1 1

ORS 3942 P9

2. ks Screens, Screen

entirety of the items referred abovel: The
to in Section
8.1.3 above, except for the staining and
painting of the &terior surfaces of the entry
door (that is the door that does not open from
or onto the terrace).

3. Units

The entirety of the items in Section
8.l.C above, except for the cOncrete pad
underneath.

D. Owne;.

1. Each must perform promptly all

maintenance, repairs and replacement which is
necessary to ensure a high quality condition
and appearance and/or which if not
would affect any of the Properties, performed
including
any Unit(s) belonging to any other Owner(s),

2. Each Owner shall be liable for any damages
costs incurred which arise due to his/her
failure to perform the maintenance, repair and
replacement responsibilities under this Section

11.

3. Each Owner shall promptly report to the
Association or its agentS any defect or need
for repair on the Properties for which the
Association is responsible to maintain, repair
and replace under this Declaration.

4. No Owner shall do anything which would

adversely affect the safety or soundness of the

Common Elements, or any other portion of the
Properties for which thà Association is

obligated to maintain under this Declaration.

The opinion of the Board of Directors shall
control in determining whether the safety or
soundfless of
. the Properties is adversely

affected1

5. Each Unit Owner is responsible for the expense
of. all decorating.
. within his own Unit,

including painting, wall papering, panelling,

floor covering, draperies, window shades,

curtains, lamps and other light fixtures, and

other interior furnishings and interior

decorating.

19

Jun.30. 2011 10:43AM HOME RUN REAL ESTATE No.8631 P. 24

DRB 3942 P9 1557

6. All Units above the ground floor shall always

have floors covered with walt-to—wall

•cpfdcaoeroryaivpoedeerrertsinniingnwgSga,rniwqdttuieetahnxlcisetiupaetbpspstrimaonavnyatilkbaielltoycuSfhseeuendqbtsuhs,otieivntlbuybltBaeetwnohatirrtdhofsoolomutshon,edr
Directors.

11.3 for Ownfls The

maintenance obligations of the Oners and residents under this
Declaration shall be performed to ensure a• first. class and high
quality appearance of the Condominium at all times.! Each Owner
smwfhhuiasirlctslhtpeticrhmlefpaoesOrdswmenoeparrnrdoomitsphhtierlgreyhwsipasqoleunlaslpimeibaftlilyeno,treanmwpahponierccaerhi;annatcrreeeer.pfaneierrceNseoswsainaotdrwhynretehtrpoelomearancisenurmtreeeesnintdasenufnccoterh
responsibilities of the Associatjon under this Declaration. Each
by maintenance standards which

the Board Directors of the
owner and resident shall be governed

atmay be adopted from time to time by
Association. The following constitutes maintenance standards for
the owners and residents, which the Board of Directors of the
Association is empowered to supplçment from time to time without

having to amend this Declaration: - .

.

A. Windg9 and Terraces.

or cracked glass shall be immediately replaced for
safety concerns as welt as cosmetic reasons. No
window reflective materials shall be allowed to

wrinkle, crack or bubble.

B. Screens Torn, cut or otherwise

damaged screening, and damaged screen frames shall
be replaced with new náterials as .reasgnably soon,
as possible after the.damage occurs. S5reen frames
shall remain free of stains and nicks at all times.

C. Permitted awnings and
shutters shall not be allowed to peel or fade or
otherwise appear to be in worn condition.

11.4 the Own en.

A.

1. Except asotherwise provided and only pursuant
make any
to this Section 1li.m4.pAr,ovenomeonwtnertoshatlhle Common
alternation or
Elements or Limited Common Elements.

2. Ho Owner shall alter, decorate,, or

20

Jun. 30. 1 10:43AM HOME RUN REAL ESTATE No, 8637 F. 25

) - --

8942 Ps 2558

change the exterior appearance Proopfertjtehse•

buildings, or any portions of the
outside of the
Units, including but riot limited
taa'obiomutithnegsa,ntyersUcrraneciete;ns,ionrgdoeoonrrcslhousarenrdiancwyainntedeorswrhsau;ctetp;elraWsceiithnaonouyrt
first obtaining prior written approval from the
8oard of Directors1
The foregoing shall

include alterations or improvements on the
interior of a Unit which can be viewed from
the exterior of the building. Mo Owner may add

to or otherwise alter the landscaping of the

elements in any. way The approval by
Directors under
the Board of . this Section

ll.4.A maybe withheld in its sole and absolute

but reasonable discretion. The Board of

Directors shall not grant any approval

contemplated by this Section if in its Opinion

the effect of any of the items mentioned herein

would adversely affect, or in any manner, be
detrimental to the Condomjrtiujg in part or in
whole.

3. Ii' any Owner requests approval of a
modification or
any alteration involving the
removal of any, interior partition wall, the
Association may permit such removal if the

removal would not themateruitailllityy affect or

interfere with services
elements, if any, located
constituting common

therein..

4. The following shall be permitted
the approval
without . from the Board of

Directors: (a) Holiday :door decOrations, but

not to exceed thirty days total per holiday:

(b) An owner may display one portablá removal

United States flag in a respectful way.

B. The Association shall have the
right to make or cause to be made alterations or
improvements to the Common Elements and Association
Property which, are approved by the Board of
Directors and which do not prejudice the right of
any Owner or any Institutional Mortgagee. However,
if the cost of same shall exceed 2% of the annual
budget, cumulatively in a budget year, then the
alteration or improvement may not be made unless

ratified by a majority of the voting interests of

those members present in person and by proxy at a

members' meeting. It is hereby determined that the

costs of an alteration or improvement in excess of

21

Jun.30. 2011 10:44AM HOME RUN REAL ESTATE No.8631 P. 26

)

ORB

2% of the annual budgets cumulatively in a budget

year, is a material alteration or improvement, but
a lesser costs if not.

The Developer established a
udtbiotrssntehhumeuttiseepispafitrilpnorUhodldrdreneveeaiimidnemgrnttmeihdgssstenntsE;oncttstheioseurafosnmpoinfflehrtodrvyooro,elstmaardtthlnyhhetodw'eeefthtlrhiiiOaeaimmctwpxtcseihhnptioteeeeoneurarnddttUnsris1oohniao,enifnaritocnsntTsriedBhilmmooemipwaofenrrshrffeocidtosvhchtwalieehehilpdmmoetopeefecbhwnlnauobititaniuDnuscsnltgiia,dbdrlbeticdeloadnoicheevpgnntacpisgmsovoee,srattiraw.skionaretegataduninitodtcaTsfrehtelhtroeo.tesoaueemrtmraAcsOapaTnswhiomotnhsdiduewieeotteneorrcescdrsneiicho,esfadtafdoteuntrirgtahaeoaenohint,nlfsdesod

Declaration:

A. Terrace Screen Enc;Losurut. Screen enclosures of

the terraces shall be permitted, but only as

follows:

1. The frame must be of black color.

2. The screen must be charcoal in color.

3. Lumite matérial is acceptable.

,

4. The style of frame and screen must be
consistent with the majority Qf screen
enclosures existing pn the date of recording
of this Declaration.

5. Glass..or flastic Glass

enclosure on the terraces shall be permitted, and
'clear plastic materials which enclose the terraces
permitted,, but only so long as the
shall also majority of those
with a of recording of this
style is consistent the date
enclosures existing on

Declaration.•

C. The only type of shutter allowed is a

hurricane shutter that meets the specifications set
down by the Board of Directors at the time of

installation of the' shutters.

L

22

Jun. 30. 1 10:44AM HOME RUN REAL ESTATE No, 8637 F. 27

)

8942ORB Ps

D- Mrning. Awnings are permitted 50 long as they are

• of a style and color to match those existing on the
date of recording of this Declaration.

E. Windows. Reflective material/window tinting is/are
on the winddws so long as the color of the

material/tinting blends hanoniously with the

exterior color(s) of the Unit. At no time shall
aluminum foil be permitted on the inside or Outside

of the windows. The backing of window treatment on

the interior of the window shall be of such color

that it blends harmoniously with the exterior

color(s) of the Unit. Screens over windows are
permitted, only if the styles and frame color match

those existing QrL the date of recording of this

Declaration. No jalousie windows shall be allowed.

F. Doors. Screen doors shall be permitted on the
of the
exterior of the entry doors, or as part

terrace, so long as they are of a color and styles

existing on the date of the recording of this

Declaration.

G. 591 Roof Turbines;
&
Antennae; ROqfl,
NO Owner or'

resident shall install or permit the installation

of solar panels/devices, roof ventilators, roof

turbines, antennae, Satellite dishes0 or any other

device which requires cutting into the roof.

The terrace shall cont3in only

furnishings typically contained in such areas,

neatly arranged for use and not of an unsightly or

disorderly nature. No barbecues shall be

placed/stores on the terraces. No surf boards shall

be stored/placed on the terrace, unless they cannot

be viewed from the outside. No bicycles shall be

placed on terrace.

I. Vestibules. No items or personal belongings shall

be stored or placed in any of the building
vestibules.

J. Unless this Declaration provides
otherwise: Any alteration or improvement to the

exteriors of the Units or whidh can be viewed from

the exteriors of the Units, whether or not
specifically referred to in this Section 11.5 or in
other Architectural Guidelines of thi Board of
Directors, still requires. prior written approval

from the Board.

23

Jun.30. 2011 10:44AM HOME RUN REAL ESTATE No.8631 P. 28

)

8942ORB P9

be SECTION 12. US! RESTRIcTION. The pursoevoisfiotnhes Properties shall
in acqordance with the following
as long as the
CondominiUfl exists:

12-1 Occupancy of Ufi.its; Su.bdivi.Lthn.

A. Occupancy. Each tUhneiitr shall be occupied by Owners

and tenants and. family members, guests and
invLtees, as a residence and for no other purpose.

5. any on oicncutphainscyD—eclaration Notwithstanding

no provisions to the contrary,
be occupied by more than two (2)
unit shall
people in a one bedroom, one bath unit, and a two
unit.bedroom, one bath unit, and three (i) people in a

two bedroom, two bath

C. Ho Unit may be subdivided into more
than one Unit. Only entire Units may be sold,
leased or otherwise transferred.

I.
1.

L

L

12.3 Pets an&Mimals. Except as !otherwise provided in this

Section 12.3, no pet or animal. of any kind or description shall
reside in or visit any Unit or the Condoainium Property
Association Property.

A- Any domestic pet or animal residing with an owner

or lessee in the Unit on the date of this Aaendment

is permitted to reside in the Unit so long as it

24

Jun. 30. 1 10:45AM HOME RUN REAL ESTATE No, 8637 F. 29

ORB S942P915o2

does not constitute a nuisance and unreasonably
rbeesqiudireeenpttlsa.ceendHjooywmeevnetr,
• interfere with the of

Condominium by other such the

or animal may not death pet

otherwise. or

1. gwtTaihantellhko(fnsoa)slnloiwhnOoiwnladnggiengr rgpeeogtranst/oeart neipsmmeidarolreesUnntim:tth.a;yan aoFncitdcswhuepmnyotiynrea Unit

fish

(20)

than
one (1) small domestic bird which is no larger

than a cockateil.

2. Seeing eye and hearing ear dogs shall be

permitted1, upon prior registration with the
Board of Directors4

3. The Board of Directors shall be empowered to
adopt reasonable Rules and Regulations

regarding the conduct, cars and occupancy of
the Unit by such permitted pets/animals and
their owners.

4. No guestS or visitors may bring a pet/animal
onto the Properties.

5. At no time shall any such permitted
pets/animals be bred for commercial purposes.

6. The pet/animal owner and the Unit Owner of the
Unit involved shall be strictly liable
for
damages caused to any of the Properties.

7. The right or an Owner or resident to have a

ifpermitted

have such
ripgeht-tarneivmoakledresidthe e in a Unit shall
create
pet shall
a nuisance or shall.become a nuisance as may

be determined by the Board of Directors of the

Association.

12.4 Vehicles and The following restrictions apply

irrespective of whether the Properties in question lie within areas

owned by or dedicated to a governmenta],entity:

A. Vehicles THIS SECTION A

CONTAINS PROHIBITED VEHICLES OR ITEMS, WHICH AP-E
PROHIBITED AND SHALL NOT BE ENTITLED TO PARK
ANYWHERE WIThIN THE CONDOMINIUM. FIOWEVER, IF A
VEHICLE OR ITEM IS LISTED IN SECTION B RIGHT BELOW,
THEN IT IS ALLOWED NO. HATTER WHAT IS STATED IN THIS

SECTION A. THE PROHIBITED VEHICLES AND ITEMS,

SUS7ECT TO SECTION B BELOW, ARC FOLLOWS: Trucks,

25

Jun. 30. 1 10:45AM HOME RUN REAL ESTATE No, 8637 F. 30

)

3942 Pg

not including pickup trucks, vans (with the
exception at mini-vans), recreation vehicles, mobile

homes, motor homes, campers, buses, 311 terrain

vehicles, of vehicles, go carts, three—wheel

motorized vehicles, commercial vehicles, limousines,

•1

motorcycles, mopeds, dirt bikes, and other such

motor vehicles, boats, trailers, and inoperable

vehicles and non—registered vehicles.

B. tp The following vehicles shall
not be snThject to the parking restrictions contained

in Section A above, arid shall be entitled to park
within the designated areas for parking in the
Condominium, subject to restrictions and provisions

contained in section C through I below:

1. A moving van shall be permitted to park on the

properties, but only for the purpose of loading

and unloading and at no time shall same park

as such during the hours of 9:00 p.m. to 6:00

a.m. -

2. Vehicles, regardless of classification,

necessary f or the maintenance, care or

protection of the properties, during regular

business and only for the time period
during which the maintenance, care or
.

protection is being provided.

3. service and delivery vehicles, regardless of
classification, during regtilar business hours
and only for that period of time to render the
service or delivery in question.

4; Vehicles for the handicapped bearing
identificatiOn as such by an applicable

goverruitental authority,

5. Certain vans which are permitted. Subject to
that provided above,, a two-axle van as defined

below which does not exceed the manufacturers'
standard length,. height and width of the

particular van in a customized converted

condition; which' is not a commercial vehicle
as defined below; which contains at least two
(2) rows of seating and window(s) on each siae
of the vehicle adjacent to at least each of the
first two (2) rows of seating, and which is or
would be registered in the State of Florida as
a passenger station wagon or any equivalent;
shall be permitted to park on the properties.

The Association is penitted to make a

26

Jun. 30. 1 10:45AM HOME RUN REAL ESTATE No, 8637 F. 31

)

ORB PS

presumption that the foregoing criteria are me'€

without the receipt of specific information

the vehicle registration, unless UpQfl Visual

Inspection of the vehicles it is obvious that
any of the criteria are not met. The OVner or
custodian of the vehicle shall submit to the
Association, reasonable information and

documentatioh (including title and/or
concerning the vehicle upon
registratiob)

request.

a

1. The most current edition of the N.A.D.A.
official Used Car Guide ("Guide")
determine the classification of whether a
vehicle is in fact a truck or van, or whether
it is a passenger automobile. If the Guide
does not contain reference to a particular
Vehicle, then the manufacturers s classification
shall control. It publication of the Guide
shall be discontinued, an eqtiivalent
publication shall be selected by the Board of
Directors to be used to determine vehicle
classifications hereunder. Except as otherwise

titleprovided as to certain vans under Section

12.4.8.6 above, a state registration or

classification shall have no bearing on
determination of the classifications under this
section 12.4.

2. A "commercial vehicle" shall mean any motor

vehicle which has an outward' appearance of

being used in connection with business, such

as: the vehicle displays work equipment to

view and/or is commercially lettered or

contains a commercial or business logo. The

display of a tool box in a pick-up truck bed
shall 'not. render the vehicle "commercial".
Actual use of the vehicle shall not be

considered; only its outward appearance shall

be.

3. A "truck" shall mean any motor vehicle which
.
is classified as a truck in accordance with
Section 12.4(C) (1) above.

4. A "van" shall mean any motor vehicle which is

classified as, a truck in accordance with
Section 12.4(C) (1) above and which is
recognized by the manufacturer to be a type of
a van, and which has two (2) axles.

27

Jun.30. 2011 10:46AM HOME RUN REAL ESTATE No 8631 P 32

8942 P9 15o5

ORB

a pick-UP truck atsdhhdeaitlfiloornneogtooifbnegactoocnastmihpdeeerrceodnttortpaoryboer
a.! van by the

similar covering.

I

AU motor vehicles must be maintained as to not
create an eyesore in the Condominium.

E. No motor vehicle, including moving vans, be

parked at any time on the grass/swales within the
condominium (except for the landscaping equipment
at the direction of the Board of Directors).

F. Except where safety dictates otherwise, horns shall

not be used or blown while a vehicle is parked,
standing in or driving through parking areas and/or
streets. Racing engines and loud exhausts shall be
vehicle shallbe parked with motor
prohibited.

running.

G. The following restrictions also apply:

1. No repair (including changing of oil) of a
ofosfohrf'aalmlav.ienvhboeeirchlmrieeacdplieeas.irwpsietHrnhmoiewnciteetvesteshdrae.,ryCwotnaodshoimpniegnrmiuoimrt
- vehicle

except
removal
waxing

2. No motor vehicle which is of th. type of

vehicle which is unregisterable shall be driven
or operated on any of the Properties at any

time any reason.

3. No vehicle may be parked with an expired

license plate.

4., Ho vehicle may be parke4 such that it blocks

any sidewalk, except where otherwise necessary

by moving vans and only for loading and

unloading.

5. All vehicles shall be parked head—in.

6. Owners and occupants and occupants of a Unit
shall be limited to parking in their limited
and one
common element assigned parking space, parking
and only one additional non—assigned

oasospnrrpaleacycoe.ec.fcourtTpohAaedtndhtaifentoofirtrpoehoagnemroarkillinognnoagownsnnih—eonaarfglslsohGirniugosentseotdacpsscrsueipvagaennnndtetdiafnpnovarirOtkweintenehsgre

Jun. 30. 1 10:46AM HOME RUN REAL ESTATE No, 8637 F. 33

--

C'RB 3942 P9 1566

parking of additional vehicles.

7. There will be times vehicles must be removed

fran the parking areas to accommodate

maintenance, repairs or replacement of the

parking areas in the Condominium. Upon

reasonable notice from the Association that the

foregoing will occur, each Owner, resident,

Guest and invitee shall remove his/her vehicle

for the tine period requested, or become in

violation of this Section 12.4!

H. Remedy If upon the Association's

provision of that notice required by Section 715,07, Florida

Statutes, as amended from tine, to time, an offending vehicle Owner

does not remove a prohibited or parked vehicle from the

condominiui*, the Association shall, have the option and right to
have the vehicle towed away vehicle owner's expense. By
atthe

this provisions, each owner and vehicle Owner provides the

Association with the necessary consent to effect the tow.

I. Alternfliye/Concurrent Remedies. Whether or not the
Association exercises its right to have the vehicle
so towed, the Association shall nonetheless have the
right to seek compliance with this section 12.4 by
injunctive and other relief through the Courts:
and/or any other çemedy conferred upon the
Association by law or the condominium Documents.
The Association's right to tow shall in no way be
a condition, precedent to any other remedies
available to the Association incident to the

entoràenent of this Section 12.4.

12.5 and Laws. No Owner shall use any

of Properties, or permit same to be used., in any manner which

is unreasonably disturbing,. detrimental ot a nuisance to the
.

occupant(s) of other Unit(s), or which would not be consistent with

the mAintenance 'of the highest. standardS for a first class

residential development, nor permit the Properties to be used in

a disorderly or unlawful way, nor which will produce an insurance

risk, for the Association or other owners or occupants. The use of

each Unit shall be consistent with existing ordinances and laws and

the condominium Documents, and occupants shall at all times conduct

themselves in a peaceful and orderly manner.

12.6 and No clothes or similar

articles' shall be allowed on the exterior portions of the unies,

including railings. Mo clotheslines are allowed. Nothing shall

be hung, displayed or placed on the exterior walls, doors or

windows of the Unit; except as may be.. permitted and approved by the

Board 'of Directors of the Association.

29

Jun.30. 2011 10:46AM )HOME RUN REAL ESTATE No.8631 P. 34

Ps 2547

12.7 No signs of any type shall be maintained, kept
Unit (interior or
or permitted on any of the Properties, including
exterior) such Common Elements
that they maybe viewed from the

Limited Common Elements or other Units.

A. Off ipial notices of the Association.

8. Signs posted on the bulletin boards in the vestibule
of each building.

C. Signs on permitted vehicles under Sections 12.4.3.2
and 3 above shall not violate this Section 12.7.

12.8 No business •of any kind

whatsoever shall be erected, maintained, operated, carried on,

•

permitted or conducted on the Properties, and without limiting the•

generality of the foregoing, no store, market, shop, meràaritile

establishment, trading or amusement! establishment, cjuarry, pit,

undertaking establishment, crematory, cemetery, radio tower, auto

camp, trailer camp. or. have, hospital, public baths, school,

kindergarten, nursery school, day care or child care facility or
operation (regardless of age), sanitarium, asylum or institution

shall be erected, maintained, operated, carried on, permitted or
Also prohibited are garage
conducted on the Properties4 sales,
.

yard sales and the like..

12.9 No Unit shall be used or

maintained as a dumping ground for rubbish, trash or other waste.

Trash and garbage ghall be placed in dumpsters provided. For

sanitary.reasons, ,al.l trash and garbage except newspapers, tree

limbs and other such bulky items, sh;l1 be placed in plastic bags

and tied securely before being placed in the dumpsters. All trash,

garbage and other waste shall be stored and/or maintained so as to

not be visible from adjoining or adjacent Units, from any street,

lake or other common elements, limited. common elements or

Association Property within the. Condominium or from any real

property outside of the Condominium. The foregoing is subject to

any regulations. and policies of. the collection authorities.

12.10 No SecuritM. The Association provides no security.

12-li an Units. The

following shall apply in addition to the provisions contained

elsewhere in the Condominium Documents:

A. Upjfl- The. leasing!! of Units shall be

permitted only if approved and su.bject to the
restrictions contained in Section 13 below.

B. Transfer of Ownership of Units: The transfer of

ownership of Units shall be. permitted only if

approved and subject to the restrictions contained

Jun. 30. 1 10:47AM HOME RUN REAL ESTATE No 8637 F 35

'—F F Q0 4 Cr

in Section 14 below.

C. Provisions Ueasina

ot of UMt.s. The following general

provisions shall apply to supplement Sections 13
and/or 14, as

1. The Association is vested
with the authority to prescribe an application
form such as may require specific personal,
social, financial, and other data relating
the intended leasee, purchaser(s) and
transferoccupants, and relating to the "new owners" in
the case of by gift, devise or

inheritance, as may reasonably be reqtired by
the Association in orUer to enable the
Association to reasonably investigate the
intended purchaser(s), lessee(s), occupants,
or "new owners" within the time limits extended
to the AssociatiOn for that purpose as set
forth in SectionS 13 and 14, as applicable.
The application Shall be complete and submitted
to the Association along with and as an
integral part of the notice of intended

transfer.

2. The Board of Directors is
empowered to çtharge a fee in connection with
and as a condition for theappravals set forth
in sections 13 and 14!; in the amount not to
exceed the maximun allowed by applicable law
from time to time. so Long as and only so long
as prohibited by! law at •the particular time,
there shall be no transfer fee in connection
with the renewal of a lease, with the same
& lessee, if the renewed lease ten
follows the expiration of the previous lease

term.

3. transfer which is
not approved, or which is disapproved pursuar.t
to! the terms. of this! Declaration, shall be void
unlesS subsequently approved in writing by the
shall have
Board of Directors. The
the right tci remove any Occupant(s) and
personal belongings by injunctive relief or by
other means provided in this Declaration shoUld
sections 13 or 14, as applicable, be violated.

4. foclnstt.tutioflal An

institutional Mortgagee, becoming an Owner
through foreclosure or by deed in lieu of

2].

Jun.30. 2011 10:41AM HOME RUN REAL ESTATE No.8631 P 36

—

3942 Ps 1569

foreclosure, or whomsoever shall become an
owner as result of a foreclosure sale of a
mortgage hel4 by an institutional Mortgages
shall be exempt from the requirements of
Sections 13.1 and 1442 below4

(a) This section 12.11(C) (4) shall
not be construed to exempt the foregoing
from compliance or permit the foregoing
to be in noncompliance with the
condominium Act and all other provisions

of the condominium and Rules and

REg1.llatiOflsOfthe Association; nor shall

the grantee (other than another
institutional Mortgagee) of the foregoing
be exempt from the requirements of
$ectiOns 13.1, and 14.2 below.

5; All leases shall contain,
and it they do not, shall automatically by
incorporation by reference be deemed to contain
the remedy and procedures of the Association
as provided in section 19.10 of this

oeciaration. -

SECTION 13. 0? VIfl. AunitOwnermay lease only
his entire Unit,
after receiving, and then only in accordance with the Declaration,
the approval of the Association.

13.1 proceduflSL.

his/herA. lolltptaBrLreherronecaeaaodaq&snsirpuiettsdiocpsearsrhceeomditbtdpaesyhitoysoihlsinUrteeeg,nthardnisyeseppetetaeeou,losrnuseg(ojswhs.s3enoa.rea0statnni)lehbadatlroellnt(wrydgedssninua)eawavcy,rprinehsn.peytoeqhtatoauoonpitrittcrharhheiteneeeeho.crrAxeorenenficiaBnouonmosttwftTeetaounehnrocedeadadhnrnnteaydhoicdtiBfeonnioalopttaoDdeyecernpidsnncdrrrstduoeoeaeiipfssecposna(stonhgnsosatt)treltoahhs,sdlpfete,

as, a condition of approval.
3. Adhdicdatapnaioiopypfvsnssproeaia.alor.pipcivmcptptbaaarrtetlooebsei.vvelIhoneeefans)Al,flstptthhwrhteaebioerrnletvaelihpniBddristoeeotnfhaedhpaeerm,eoprtrdesphdefriedtosorehvtare,eehpltq,epeiuaEraminBxoeserdoeveqoeac,euardrpusipdetvpwriaeiitvnlaotohneoerrdheotna,iritnnCccaoBesenomotusftmahchirhiEraeatdrxepntteqpfdeyucraeeuosiBstvhlo(itaaaua3(llevlr0ra)l,delesd

Jun. 30. 1 10:47AM HOME RUN REAL ESTATE No, 8637 F. 37

.5 )

• 3942 157o

and on demand the Board shall issue a letter of
approval to the Owner.

C. Disapproval. A proposed lease shall be disapproved
only if a majority of the whole Board so votes, and
in such case the lease shall not be Dade.

Appropriate grounds for disapproval shall include,
but not be limited to, any one or more of the
following:

1. The Owner is delinquent in the payment of
at the time is
assessments the application

considered, and the Owner does not bring the

delinquency current (with any interest, late

fees, costs and attorneys' and paralegal fees

also due and owing) within a time frame

required by the Board of Directors;

2. The Owner hasP a history of leasing his/her Unit
to troublesome lessees and/or refusing to
control or accept responsibility for the
occupancy of his Unit:

The real estate company or agent handling the
leasing transaction on behalf of the Owner has

a history of screening lessee applications
inadequately or recczwending undesirable

lessees;

4• The application on its appears to indicate

that the, person seeking approval and/or
intended occupants intend(s) to conduct

himself/themselves in a manner inconsistent

with the covenants and restrictions applicable

to the Condominium and/or Rules and Regulations

of the Association, includinq but not limited

to Section 12.2 and Section 23 of this

Declaration..

5. The prospective lesseá or other intended
.
occupants have been convicted of a felony,
involving violence to persons or property, or
a felony 'demonstrating dishonesty or
turpitude;

6. The prospective lessee or other inten4ed

occupants have a history of conduct which
evidences disregard for the rights and property

of others;

7. The lessee or other intended occupants, during
previous occupancy, have evidenced an attitude

:33

Jun.30. 2011 10:48AM HOME RUN REAL ESTATE No.8631 P. 38

)

•

8942 Ps

or disregard for the covenants and

applicable to the Condominium and/or Rules and
Regulations of the Association;

8. The lessee(s) or intended occupants have failed
to
provide the information or appearances
required to process the application in a timely

manner, or provided false inofrormthateionreqduuririendg
the application process;
transfer fee is not paid; or

9. The owner fails to give proper notice of his

intention to lease his Unit the Board of
Directors.

Notice of disapproval shall be sent or delivered itt [

writing to the Unit Owner.

D. Approval. I f
proper notice is not given, the Board at its
election may approve or disapprove the lease.

13.2 ubbeenirtaesbnstmoedlauytibenelyRaern.epnyntritoUfehldngi,.ibt..iEatoneOTddmSh..eUninFittuserSntmuhtbaeilyoremnnaosoiritsen,gbtehonafostuaroboUnlbnelmyita.tessnhht&aillrlet,

13.3 foorffetqecunaelntchcuaylnaotitfwoon,tima eLseainse No lease shalt be made more

a 12 month period. For purposes
considered as made on
shall be
the first day of the lease term.

13.4 Mp.ximun tease Tgpns. Ho lease shall be made

with a lease term which is less than three (3)
consecutive months nor more than twelve (12) consecutive

months in duration.

14. TRANBFUS.QP OflIP.SRI7ST IBhITS. In order to
maintain a community of congenial, financially responsible
tpisrftnrreoaahsolbinivllsbidoefiwse,iteninriotgnnsqgsuowitpieertttaohrctvahhcitneohssomeiiwmoeouonnnwnbscenijryete,royscsofthiaaiavnnploeddUsnogpnffoeifaat cacapsiaerlgoiUrottetnfheaeiectstmtiiintCnognsodghnadolofttbmlohhsireeenrbivavleadleileln.uvseeruleebooxsjfipiesmdctteethsnne,tttsUo,nwoihftittschh,heea

14.1 FQrflQ.,rof

A. Cenenk. Except as otherwise provided in this
no limit as to how a
Section 14.1, there is Unit may

be owned.

34

Jun. 30. 1 10:48AM HOME RUN REAL ESTATE No 8637 F 39

) )

a942 9s

B. t4fe A Unit may be su.bject to a life

estate, either by operation of law or by a Voluntary
conveyance approved under Section 14.2 below. In

that event, the life tenant shall be the only
Association member from such unit, and the occupancy

of the Unit shall: be as if the life tenant was the
only owner. Upon termination of the life estate,

the holders of the remainder interest shall have, no
occupancy rights unless separately approved by the

Association. The life tenant shall be liable for
against the Unit. Any
all assessments and Charges
consent or approval required tiE Association members

may be given: by the liCe tenant alone, and the
consent or approval of the holders of the remainder
interest shall not be required. If there is more

than one life tenant, they shalt be treated as co-

owners.

C. oynerihip A Unit may be owned by

PartperflLps
a corporation, business-named partnership or by a
trust (the foregoing hereinafter collectively
if approved in the
referred to as the

manner provided for under section 14.2 of this
finpraonvicsiaiol nsoris
Declaration. The intent of this to
allow flexibility in estate1 . tax

planing, and not to create circumstances in which
the Unit may be used as short—ten transient
accommodations for several individuals or families4
The approvalof the Entity under section 14.2 shall

be conditioned upon designation by Entity, of one
natural person to be the Primary Occupant, which
Primary occupant and other intended occupants shall
to approval along with the Entity.
also be
All references to Owner or membçr in the Condominium
Documents and Rules and. Regulations as to use and
occupancy of and voting and other membership rights
and obligatiOns and responsibilities with respect
to the unit owned by the Entity, shall mean and

refer to the Primary Occupant; this shall not,

however, relieve the Entity of any of its
responsibilities and obligations under the
Condominium Documents or Rules and Regulations. The

foregoing provisions place personal responsibility
and liability upon the Primary Occupant; such
personal responsibility and liability exists
notwithstanding any provision contained to the
contrary in. the articles of incorporation or by-laws
of the corporate Owner, contained in any partnership
agreement of the partnership, or in the trust

agreement with respect to the trust as Owner. A-ny
change in the Primary occupant shall be treated as

35

Jun.30. 2011 10:48AM HOME RUN REAL ESTATE No.8631 P. 40

3942 P9 1573

a transfer of ownership by the Entity subject to the
of
provisions Section 14.2 of this Declaration. Not

more than one (1) such change will be approved by
the Association in any calendar year.

by Trustees. In the event that a Unit
the trustee(s) shalt have
is owned by trustee(s),

liability to the Association in his/their individual
capacities 'an4 not as trustee(s).

14 .2 Transfers to this 14.2

A.

1. Sale or No Owner may dispose of a Unit

or any interest in the UnIt by sale or gift
(including agreement for deed) without prior
written approval of the Board of Directors.

2.e If any Owner acquires
his title by devise or inheritance, his/her
right to occupy or use the Unit shall be
subject to the approval of the Board of

Diréctbrs..

3. Qther If any person acquires

title in any manner not considered in the

foregoing sections '(1) or (2), his right to
aopcpcruopvyalorofustehethBeoaUrnditofshDailrlecbteorssub(jtehcatt
to the
person

having no. right to occupy or use the Unit
before! being approved by the Board of

Directors) under the procedures outlined in

section 14.2.3. below. j

1. Notice

to make
a sale or gift of his Unit 'or any interest
in the Unit shall., give to the Board of

Directors or its designee written notice

of such intention at least thirty (30)
days prior to the intended closing date,

together with the name and address of the

proposed purchaser or donee, an executed
copy of the sales contract, if any, and
such other information as the Board may
reasonably require. The Board may require
the personal appearance of any
purchaser(s) or donee(s) and his/her

16

Jun. 30. 1 10:49AM HOME RUN REAL ESTATE No, 8637 F. 41

)

e942 P3 1574

spouse and other intended Occupants, as
a condition of approval.

(b) Devise, o; Other

The transferee(s) hmiuss/thenrot. oiwfynetrhsehipBoaanrdd

souf bmDitirea cctoerrstifoief d copy of the instz-ument
evidencing his/her ownership and such

other information as the Soar4 may

reasonably require. The transferee(s)

shall have no occupancy or use rights

unless approval by the Board.

(c) With the notice required in Sub-

section (1) (a) above, the Owner or
transferee seeking approval may make a

written demand that if the transfer is

disapproved without good cause, the

Association shall furnish an approved

alternate purchaser upon the same price

and terms as in the disapproved sales

contract, or if no contract is involved,

for the fair market value of the Unit
provided below. This
determined

øbligation of the Association exists only

if the written demand is made by the Owner

or transferee along with and at the same

time as the provision of the Sub—section

(1) (a) notice.

to(U) fliiszxe Give If no notice is

given, the Board of Directors1, at its

election, may approve or disapprove &t the,

time it learns of the If any

owner fails to obtain the Association's

approval prior to selling an interest in

unit,a or making a gift of the Unit, such
sellerfailure shall create a rebuttable
presumption that the and the

purchaser, or Owner making the gift,
intend to violate the cOvenants of this

Declaration, and shall constitute good

cause for Association disapproval.

2. Within thirty (30) days of receipt

of the required notice, transfer fee, personal

appearances and information requested, the

Board shall approve or disapprove the transfer.

If a transfer is approved, the approval shall

be stated in a Certificate of Approval executed
by the President or Vice—President of the

Association in recordable form and delivered

37

Jun. 30. 1 10:49AM HOME RUN REAL ESTATE . No, 8637 F. 42

) )

ORS 3942

to the transferee.. If the Board neither

approves nor disapproves within this thirty

(30) day time limit, such failure to act shall

be deemed the equivalent of approval and on

demand the BàArd shall issue a certificate of
Approval to the
transferee.

3.

(a) With Approval of the

Association shall be wititheld if a

majority of the whole Board so votes.

only the following may be deemed to

constitute good CaUSG for disapproval:

(i) The person seeking approval or
intended occupants have been
convicted of a felony involving
violence to persons or property, or
a felony demonstrating diShonesty
moral turpitude;

(ii) Trehceorpderosfofninsaeneckiianlgirraepspproovnaslibhilaisty,a

including without limitation priOr.

bankruptcies, foreclosures or bad
debts;

(iii) The application for approval on its

face indicates that the persons

seeking approval or intended
occupants
intend(s) to conduct
himself/themselves in a manner
inconsistent with the covenants and

restrictions applicable to the

condominium and/or the Rules and

Regtilations of the Association,

including but not limited to section

12.2 and section 23 of this

Declaration.

(iv)' Tinhteendpeedrsoocncupsaenetksinhgave approval or
or
a history
disruptive behavior or disregard for

the rights or property of others;

(v) The person seeking approval 'or
intended occupants have evidenced
an
• aocorttnidtruoemdsteirniiucontfiodnissarnedga/aporprdlicfoaRbr ulecleosvtoenaatnhnteds
Regulations of the Association, by

38

Jun. 30. 1 10:49AM HOME RUN REAL ESTATE No. 8637! 43

3942 P9 1576

his conduct in this occupant as
a tenant, Owner or of a

Unit, or such attitude •n the
personal appearance before the Board

or its designee; or

(vi) The person seeking approval has

tailed to provide the information, fees or appearances required to
process the application in a timely manner, or provided false
information during the application process.

(b) Good Cause. If the Board

disapproves without good cause, 'and if the

Owner or transferee has made the demand

set forth in Section 14.2(B) (t) (c) above,
days after the
then within thirty

Board meeting at. which the disapproval

took place, the Board shall deliver in

writing to the Owner or transferee

(hereafter "the seller") the name of an

approved purchaser who will purchase the

Unit upon substantially the same price and

terms as in the disapproved sales

contract. If no sales contraàt was

involved, or if the Associatiàn challenges

the contract price as not being a good

faith purchase price, then the purchase

price shall be paid in cash, and the price

to. be paid shall be determined by

agreement, or in the absence of agreement,

shall be the fair marketvalue determined

by the arithmetic average of appraisals

bytwo.MAI appraisers, one selected by the

seller and the other by the Association.

The cost of the appraisals, and all other

closing costs in cases where no sales

contract is involved, shall be shared

equally by.. the buyer and seller, except

that the purchaser shall pay for his awn

title insurance, and all costs of mortgage

financing: real, property taxes and

Condominium Assessments and Charges shalt

be.prorated for the year of closing and

the parties shalt bear their own

attorneys.' fees, if any. The closing

shall take place no longer than sixty (60)

days after the date of Board disapproval

or thirty (30) days after determination

of fair market value by appraisal,

whichever occurs last. Failure to close

bythe seller shall constitute a breach

of contract and shall entitle the

39

Jun.30. 2011 10:50AM HOME RUN REAL ESTATE No.8631 P. 44

)
-
£

3942 P9 1577

purchaser to specific performance or

damages.

(c) If the Boar?d fails to deliver the namg of
the approved purchaser within thirty (30)
days as required above, or if the approved
purchaser defaults in his/hEr purchase,
then the original proposed purchaser shall
be deemed to; be approved, despite the
Board's former, disapproval, and upon
demand a Certificate of Approval shall be

issued.

SECTION 15.

Insurance other than title insurance that shall be carried upon the

Propetties and the property of Unit Owners shall be governed by the
following provisions:

15.1 Insured. Al]. insurance

policies upon the Properties shall be purchased by the Association.

The named insured, shall be the Insurance Trustee individually and

as agent for the Unit Owners without naming them, and as agent for

their martgagees. Provisions shall be made for the issuance of

mortgagee endorsements and memoranda of insurance to the mortgagees

of Unit Owners- Such policies shall provide that payments by tle

insurer for losses shall be made to the Insurance Trustee
.

designated below, and all policies and their endorsements shall be

deposited with the Insurance Trustee. Unit Owners may obtain
coverage at theirown.expense upon their personal property and for

their personal liability and living expense. The Insurance Trustee

may be any obfanDkiirntFloriodfa with trust powers as may be approved by
the Board the Association.

15.2 Coverage.'.

A. Liabi].ity. The Board of Directors of the

Association shall obtain public liability and

property damage insurance covering all of the common

elements of the Condominium and Association

Property, and insuring the Association and the Unit

Owners as its and their interest appear, in such
aDmioruencttsorasndofpthroeviAdsisnogcisautcihoncomvaeyradgeetearsmitnhee Board of

from time

to time, provided that the minimum amount of

coverage shall be $lOO,000/$300,000/$lO,000.

B. Insurance. The Association shall obtain

fire and extended coverage insurance and vandalism

and malicious mischief insurance, insuring all ot

the insurable improvements within the Condominium,
including personal property the
owned by
,

40

Jun. 30. 1 10: 5OAM HOME RUN REAL ESTATE No, 8637 F. 45

-.

3942 P9 1578

AssocSatzon, in and Car the interests of the

Association, all Unit Owners and their mortgagees,
as their interests may appear, in a Company
acceptable to the standards set by the Board of

Directors of the Association, in an amount equal to

the maximum insurance replaceable value1 as
deterlined annually by the Board of Directors of the

Association.

C. Worker' Worker's compensation policy

to meet the requirements of law.

D. yjogd If such form of Coverage is
required
for deemed necessary by the Board of
Directors of the Association1

E. Other Such other insurance as the Board

Qf Directors at the Association shall determine from
time to time to be desirable.

15.3 WaiVe SUbrogatiOJ3. If available, and where applicable,

patthhsreoevtioAirsdrseaeonstcyhpiaaecttcliattioihvmneessihsnaaesglruavlriaenenrsnttdswe,UaaivanvogiertesnOttioswtsnoaenbrrdtisg,aightnutheeposoftlAsi.sscusiboercsoigawathitoiioncnh,

15.4 premiums upon insurance policies purchased by

the Association shall be charged as a common expense.

15.5 Trustee; All

insurance policies purchased by the Association shall be

for the benefit of the Asthsoeciiratiinotnereansdts the Unit Owners
and their mortgagees as may
appear and
shall provide that all proceeds covering property losses
shall be paid to the Insurance Trustee. The Association

will pi-oinptiy notify the Insurance Trustee of any loss.

The Insurance Trustee shall not be, liable for payment of
premium or 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 hold the proceeds in trust
for the benefit of the Unit Owners and their mort9agees
in the following shares but which shares need not be set

forth on the records of the Insurance Trustee:

A. Common Property. Proceeds
on account
of damaged common elements and
Association Property -— an undivided share for
each Unit Owner, such share being the same as
an undivided share in the common elements

appurtenant to his Unit.

4].

Jun. 30. 1 10: 5OAM HOME RUN REAL ESTATE No, 8637 F. 46

ORB 8942 579

B. Proceeds on account of damage to units

shall be held in the following Ufldjvjded
shares:

i. Where building is to be restored -—
for the owTIers of damaged Units in
proportion to the cost of repairing the

damage suffered by each Unit owner, which

cost shall be determined by the

Association.

2. When the building is not to be restored —

art undivided share for each Unit Owner,
such share being the same as the undivided
share in the common elements appurtenant

to his Unit.

C. Mp,,rtaaaefl. In the event a mortgagee

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 the 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 for distribution of
such proceeds made to the Unit Owner and
mortgagee pursuant to the provision of this

Declaration.

15,6 PrQCeS4S. 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:

'A. 'the Trustee. All expenses of the
Insurance Trustee shall be paid first or
provision made for such payment.

B. Re,pftir. If the damage for
which the proceeds are paid is to be repaired
or reconstructed, the remaining proceeds shall
such as elsewhere
be paid to defray the cost of remaining after
provided1 proceeds
My
isd,jotbehowefeninreneartfbyslieiytnnegaotfnfoidscautinchatyehlhme.LcioOorrwsnttTeqsmhraoisgsrs,ethegaalrolgefeamebiasectotUvadnbeniiencstiaetnnsrgatin,bdtupfotaomeryadUaynbtitlhboteee

42

Jun. 30. 10:51AM HOME RUN REAL ESTATE No 8637 F 47

/7

3942 ISSO

enforced by such mortgagee.

it is.c. ie
Reconstruct

determined in the manner elsewhere provided
proceeds are
that the damag,e for which . paid

k shall not be reconstructed or repaired, the
remainin9 proceeds shall be distributed to the
beneficial Owners, remittances to Unit Owners

and their rnortgagees 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. In the event of loss or damage
to personal property belonging to the
Association, and should the Board of Directors
of the Association determine not to replace
such personal property as may be lost or
danaged, the proceeds shall be disbursed to the
beneficial Owners as surplus, in the manner

elsewhere stated herein.

D. In asking distribution to Unit
Owners and their mortgagees, the Insurance
upon a certificate of the
Tt,.istee may rely
Association, the names of the Unit Owners
as to

and their respective shares of the
distribution, provided, however, that such

certificate shall not be binding insofar as

mIconersrtutgrifaaigncecaeetsetsrouffsrotmeUenaitlslshsaulaclrhe concerned. The
obtain appropriate

inortgagees prior to
any disbursement tO Owners pr mortgagees.

t5.7 agent for! each Unit The Association is irrevocably
Owner and for each owner or a
appointed
muinnotdreetgrraegsietnsuoinrranothcteeheprcoollniidcooinmeisunpiuopmnuracPhrUaonspieetdrtabyyn.dtoiftoarodrjeuatshcteh owner of any other

a].], claims arising

Association and to

execute and deliver releases upon the payment of claims.

SECTION t6. flCQ$GTRUCIIION . OR &tZR CASUALTT.
.

Aa sssioncg1i6al.et3i.oUnIponrsiPotsrc_boeperedrsUhtyni.nita.s.n,rdS/woinirbtaehtloh:edueti.sUptdXraaUirmb.tt.yaugteweIdfatollltootbhseesttwhsceeohemnabmlletohnneoeecflUciecumniraietlwns,tisUthtnhoiinert
Owner(s) — remittance to Unit owners and their mortgagees being
of any
payable jointly to them. This is a covenant for the benefit
mortgagee of. a Unit and may be enforced by said mortgagee. said

itwprinherosemunivrtiadtrnaeecnsqecuetehpssratheotadclelebdbysehmatsasuodcehtthhseeoIlnepsrlaitygyitmhuttoetniotatnonoairlnrsertqMeiudtoiuurrtcetgitiaoogannepaslpoliFwfciharoitstistose nMmomroootrfrgttgagagathgegeeee

43

Jun. 30. 10:51AM HOME RUN REAL ESTATE No, 8637 F. 48

'

pg

debt. The Unit Owner. shall thereupon be fully responsible for the

restoratiofl of the Unit.

i6..2 Where a loss or damage occurs within a

Unit or Units, or to the counon el,ements/Association Property or
to any Unit or Units and the common elements/Association Property,
but said loss is less than "major damage" as hereinafter defined,
it shall be obligatory upon the Association and the Unit Owner(s)
to repair, restore and rebuild the damage caused by said loss.
where such loss or damage is less than. "major damage":

A. The Board of Directors of the Association shall
promptly obtain reliable and detailed estimates
of the costs of repair and restoration.

B. If the damage or loss i limited to the common

elements and/or Association Property, with no

or minimum damage or loss to any individual
Units, and if such damage or loss to
the coon

elements and/or Association Property is less

than $s,ooo.o0, the insurance proceeds shall

be endorsed by the. Insurance Trustee over to

the Association, and the Association, as

hereinabove provided, shall promptly contract

for the repair and restoration of the damage.

C. If the damages or loss involves individual

Units encumbered by institutional first

mortgages, as well as the common elements

and/or Association Property and/or the patty

wall between units, or if the damage is limited

to the common elements and/or Association

Property alone or the patty wall between Units,

but is in excess of $5,000.00, the insutance

proceeds shall be disbursed by the Insurance

Trustee for the repair and restoration of the
property upon written direction and
the .

approval of the Association, provided, however,

that upon the request of an Institutiohal First
Mortgagee, the,vritten approval, shall also be
required of the Institutional First Mortgagee

owning and holding the first recorded mortgage

encumbering a condominium Unit, so long as it

owns and holds any mortgage encumbering a
condominium Unit.. . At such time as the
Mortgagee is not
aforesaid Institutional
the holder of a mortgage of a Unit, then thss
right of approval and designation shall pass
to the Institutional First Mortgagee having the
highest dollar indebtedness on Units in the
Should written apprOval be
Condominium.
required, as aforesaid, it shall be said

44

Jun. 30. 10:51AM HOME RUN REAL ESTATE No, 8637 . F. 49

3942

mortgagee1s duty to give written notice thereof

to the Insurance Trustee. The Insurance

Trustee may rely upon the certificate of the
Association1 and the aforesaid Institutional

First Mortgagee, if said Institutional First

Mortgagee, if said Institutional First

Mortgagee's written approval is required, as

to the payee and the amount to be paid from

said proceeds. All payees shall deliver paid

bills and waivers of mechanics liens to the

Insurance Trustee, and execute any affidavit

required by law or by the Association, the

aforesaid Institutional First Mortgagee, and

the Insurance trustEe, and deliver sane to the

Insurance Trustee, and the foregoing shall be

in such form as any of the aforesaid parties

may require1 In addition to the foregoing, the

Institutional First Mortgagee whose approval

may be required, as aforedescribed, shall have

the right to require the Association to obtain

a completion, performance and payment bond, in

such form and amount, and with 'a bonding

company authorized to do business in the State

of Florida, as are acceptabl. to the said

mortgagee.

D. Subject to the foregoing, the Board of
Directors of the Association shall have the
riqht and obligation to negotiate and contract
for the repair and restoration of the premises.

E.. If the net proceeds of the insurance are
insufficient to pay, for the estimated costs of
restoration and repair (or for the actual costs
thereof if the work has actually been done),
the Association shall promptly, upon
determination of the deficiency, levy a special
assessment against all Unit owners in
proportion to the Unit Owners' share in the
common elements, for the portion of the
deficiency as is attributable to the cost of
restoration. Special assessment funds shall
be delivered by the AssOciation to the
Insurance Trustee and added by said Insurance
Trustee to the proceeds available for the
repair and! restoration of the property.

In the event the insurance prOceeds are
sufficient to pay for the cost of restoration
and repair, or in the event the insurance
proceeds are insufficient but additional funds
are raised by special assessment within ninety

45

Jun. 30. 1 10: 52AM HOME RUN REAL ESTATE / No, 8637 F. 50

ORB

-(90) days after the casualty, so that

sufficient funds are on hand to fully pay for
such restoration and repair, then no mortgagee
shall have the right to reql.lire the applicat ion

of insurance proceeds to the payment of its

+

loan, provided, however, that this provision,
may be waived by' the Board of Directors in
favor of any institutional First Mortgagee upon

request thereof, at any time. To the extent

that any insurance, proceeds are required to be
paId over to such mortgagee, the Unit Owner
shall be obligated to replenish the funds sq

•

paid over, and said Unit Owner and his Unit
shall be subject to special assessment for such

sum.

16.3 M4Ior with AS used in this Declaration, or any other
context dealing damageN
this condominium, the ten

shall mean loss or damage whereby three—fourths (3/4) or more of
the total Unit space in the Condominium is rendered
or loss or damage whereby seventy-five per cent (75%) or more of
the total amount of casualty insurance coverage becomes payable4
Should such "major damage" occur, then:

X. The Board of Directors of the Association shall
promptly obtain reliable and detailed estimates
of the costs of repair and restoration thereof.

B. Thereupon, a meeting of the Unit Owners shall
be called by the Board of Directors at the
Association, to be held not later than sixty

(60) days after the casualt!yf, to determine the
wishes of the Unit Owners this condominium

with reference to the abandonment of the
Condominium project,
subject to the following:

1. If the net insurance proceeds available
for restoration and repair are sufficient
to cover the casts thereof, so that no
special assessment is required, then the

Properties shall be restored and repaired,
unless three—fourths (3/4) of the Unit
owners of this Condominium shall vote to
abandon the Condominium project, in4which
case the properties shall be removed from
the provisions of the law by the recording
in the Public Records of Palm Beach

ACtseohhfsuifasnselotclcytC,iianotnFfgiudlooortnmrhthieaidnenatirdue,mrema,xsnieenwjctnauhsttiitceohrfdnouirbscteyahenitrdittistfihinPeesrdtersubifmydaeecthnntsett

46

Jun. 30. 1 10: 52AM HOME RUN REAL ESTATE No, 8637 F. 51

•

3942Ok'S Ps

and Secretary. The the

Condominium shalt become effective upon
the recording of said instrument, and the
tpOUanrwniontgpeierbsrOlteywn,aaesnrdsiti.enenst.ahaannlgtlsit,hbleeintphererersaeolun,paoln,pPreoirnpsbeoercntotahyml,ee,
•
•

and any remaining structures of the

Condominium, and their undivided interests

in the property shall be the same as their

undivided interests in the common elements

of this Condominium prior to it

termination, and the mortgages and Liens

upon condominium parcels shall become

mortgages and liens upon the undivided
interests
of such tenants in common, with

the same priority as existed prior to the

termination of the Condominium.

2. OrtsIfhfoeuwqarfnutfteihircresreieaedson,ntfeottsrattpahnoiedtniicssociiuoanfrClvaeonanrcadanetmohsdmseapiejnrosciorusroecimmstpeeyteansdvitrosothfteeawtarvhieraaleeogillfaa,Uibnnnsblosieoettt

such special assessment arid. to abandon the
atChboeannddopomnrieondviuimasnidopnrtshoejeocPftr,optehtreh-teinelsawir,temosavhneaddllfrtohbmee

Condominium terminated, as set forth in
the immediately preceding sub-paragraph

1, and the Unit Owners shall be tenants

uinndivcoidmemdonintienre.stthse.andpraolplermtyortgiangessuacnhd

liens upon the CoAdominium Parcels shall

encwn.ber the undivided interests of such

tenants in common,. as provided in the
immediately preceding Sub-paragraph (1).
In the event a majority of the Unity

Owners of this Condominium vote in favor

of special. assessments, the Association

shall immediately: levy such special

assessment, and thereupon, the Association

shall proceed to negotiate and contract

for such' repairs and restoration. The
special assessment fund shall be delivered
by the Association to the Tnsuran'e
Trustee and added by said Trustee to the
proceeds available for the restoration and

repair of the property. The proceeds

shall be disbursed by the Insurance
Trustee for the repair and restoration of

47