PINE RIDGE N I CONDOMINIUM ASSOC DOCS I

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

) ,...

W2 3942Pa1535

the property.

In the event, any dispute shall arise as to

whether or not damage" has occurred.

It is agreed that such finding made by the

Board of Directors of the Association shall be

binding upon all Unit Owners.

16.4. in It shall be presumed that the first monies

distributed payment of costs of repair and restoration shall be

from the insurance proceeds and if there is a balance in the funds
held by the Insurance Trustee after the payment of all costs of the
repair and restoration, such balance shall be distributed to the
beneficial Owners of the fund in the manner elsewhere stated

herein.

The Insurance Trustee may rely upon a
certificate of the Association certifying as to whether or not the
damaged property is to be repaired and restored. Upon request of
the Insurance Trustee the Association shall forthwith deliver such

certificate.

16.6 Stecjficat.i9fl.S. Any repair and restoration

must be substantially in accordance with the plans and
specifications for the original building, or as the building wit
last constructed, or according to the plans approved by the Beard
of Directors of the. Association, which approval shall not be
unreasonably withheld. If any material or substantial change is
contemplated, the approval of all Institutional First Mortgagees

shall also be required. L

16.1 Assoqjfljon.I$ Claims. Phe

Association is hereby irrevocably appointed agent for each owner,
for the purpose of compromising and settling claims arising under
insurance policies purchased by the Association, and to execute and

deliver releases therefor upon payment of claims.

SECTION 17. CONtRIGitTION OR !XIBEfl DCXXIX:

17.1 Assoclation. The taking of all

or any part of the Properties by condemnation or eminent domain
shall be deemed to be a casualty to the portion taken and the
awards for that taking shall be deemed to be proceeds from
insurance on account of the casualty. Even though the awards may
be payable to Owners, the owners shall deposit the awards with the
Association; and if any fail to do so, a charge shall, be made
against a defaulting Owner in the amount of his award, or tihe
amount of that award shall be set off against any suns payable tO
that owner; the charge shall be collected as proved for in this

Declaration.

17.2 ccntjnue Whether

48

Jun. 30. 1 10: 53AM HOME RUN REAL ESTATE No, 8637 F. 53

—.

t42 8942 P9

the will be continued after condeanatioñ will be

determined in the same manner prbvided for determining whether
damaged property will be reconstructed and repaired after a

casualty.

17.3 Disbursement of if the Condominium is terminated

after condemnation, the proceeds of all awar4s and Special
oawsnseedssamnedntdsiswtirlilbubteeddeienmetdhetOwabneneCronpdroomviindieudm Property and
for insurance shall be
proceeds

when the Condominium is terminated after a casualty. If the
Condominium is not terminated after condemnation, the size of the

condominiu-m will be reduced, the owners Of condemned Units, if any,

will be made whole, and any property damaged by the taking will be

made. usablein the manner provided below. Proceeds of awards and

special assessments shall be used for 'these purposes and shall be
disbursed in the manner provided for disbursements of funds after

a. casualty.

17.4 appointed as eliatcihgaUtniintg. The Association is hereby
irrevocably
negotiating or Ownerts attorney—in—fact for
purposes of
with the condemning authority

for the purpose of realizing just compensation.

17.5 UnitLrReduCe&_but Habitable. If the condemnation

reduces the size of a Unit, and the remaining .portion of the Unit
habitable,
can be made the awards for the taking of a portion of

that Unit shall be sued for the, following purposes in the order

stated, and the following changes shall be effected in the

.Condominiufl:

A. of The Unit shall be made
habitable. If the cost of the restoration exceeds

the amount of the award, the additional funds
.
required shall be paid by the Owner of the Unit.

B. The balance of the award,
if any, shall be distribute4 to the Owner of the
'Unit and to each mortgagee of the Unit, the
remittance being made payable jointly to the Owner

and mortgagee.

c. Ad-iustrnent If the

, floor area of a Unit is reduced by the the

number representing the share in the common elements

appurtqnant to the Unit shall be reduced in the

proportion by which the floor area of the Unit ).s

pOrewednrueccreesndtaingbeysthtoehfectohtmeamkitoonngt,ealleamonfednthttsehesnnhuamtlhbleerbssehraerrepesrsetastoeefndtianlagls
their original shares as reduced by the taking.

17.6 Unit Mpde,,Nct Habitable. If the condemnation is of an

49

Jun. 30. 1 10: 53AM HOME RUN REAL ESTATE ) No 8637 F 54

)

'1.

entire Unit or reduces the size of a Unit so that it cannot be made
habitable, the award for the taking of the Unit shall be used for

the following purposes in the order stated, and the following

changes shall be effected in the Condominium: &

A. The fair market value the

Unit immediately prior to the taking shall be paid

to the Owner of the Vnit and to each mortgagee of

-: the unit, the remittance being made payable jointly
to Owner and mortgagee(s). -

IfB. possible and
to cornmon ,,Elem4nt4.-

practical, the remaining portion at the Unitshal].
becSe a part of the conan and shall be

placed in condition or use by some or all Owners
In approvedE the Board of Directors.

c. ot.$haceS., in The shares

• in the common elements appurtenant to thtunitsthfl
shall be
- contipue as part Of the
adjusted to distribute.the ownership of the dornmbn
.0. among the ré4iced number of This

• shall be done by the share of continuing

• totalOwnets in the common 'elements as the
of the numbers representing the share.
E. as they existed priotto the adjustment.

• •
•
1—

It the amount of the award for the
taking is not sufficient to pay the fair market
value of the condesaed Unit to the Owner uand to
condition the remaining portion of the Unit for use
as a part of the common elements, the additional
funds required for those purposes shall be raised
assessment against all Owners who will
by special Owners of units after the changes in the
continue as
condominium affected by the taking. The assessments
shall be made in proportion to the shares of those
Owners in the common elements after the changes

affected by the taking.

If the fair market value of a Unit
cannot be determined by
prior to the taking
agreement between the Owner and the Association
wvpefipaaaaainippercltrpprthsuhrrafyteiaaco,niicnassbompaaeyrotptnlrhdohcsteacitigenonhracmvetotgepaufyeulp,Utuowotninein(hinet3ietg0hfst)hhqUtaetaaunhnlhnadyieledl.aft,iya.abfsifdreiroaeielnttadlddemAhfoeramtwttmreaeijehiktprnuernepigdmetrc.qinAamnoisvateetssavhndiTeoleetchrcuree,bieayafogfatQecbwiiwaayhrnopolsoenpfcprrmeeu,aiastsclitrhhhiashkaateftaellehiielrlltercd

50

Jun. 30. 1 10: 54AM HOME RUN REAL ESTATE No, 8637 F. 55

II )

in tliis way may he entered in any Court or competent
jurisdiction.
Each party shall bear the cost of his
own appraiser.

•177 of Spmpon cements. Awards for the taking of

èommon. elements shall be used to make the remaining portion of the

common elements usable in a manner approved by the Board of

Directors. The balance of such awards, if any, shall, be

distributed to the Owners in the shares in which they Own the
Common elements after adjustment of these shares on account of the

condemnation, if any1 If a Unit is mortgaged, the remittance shall

be paid jointly to the Owner and mortgagee(s) of the Unit1

17,8 Any changes in Units and in

the common elements, in the ownership of the common elements, and

in the. sharing of common expenses that are necessitated by

condemnation shall be accomplished by amending this Declaration4
Such amerkdment need be approved only by a majority of alL.

Directors, The consent of the Owners or lien holders is ngt"

required- for any such amendment. .

17.9 In the event ot any-conflict between

Section 16 and this Section 17, the prgvisions of this Section 17

shall control and govern.

SECTION 18. flRXThAtIQN.

The Condominium may be terminated in the following manner in
addition to the manner provided in the Condominium Act:

18,1 Major DamaLg.Q. If the Condominium, as a result of

.

casualty, suffers damages to the extent defined in Section

16 of this Declaration, and it is not decided as provided in that

seqtl.on that the Condominium will be reconstructed or repaired, the

condominium form of pwnership of the property in this Condominium

will terminat& 'tht agreement.

18'. 2 kareemen. The Condominium may be terminated at any
time by the approval in writing of all a the Owners of Units in
the Condominium and by all record owners

18.3 General Provisions, Upon termination, the former Owners

shall become the Owners, as tenants common, of all Condominium

and Association Property and the assets of the Association. The

shares of such tenants in common shall be the same as were their

shares of the common elements., The mortgagee or lienor of an

Owner, shall have a mortgage or lien solely and exclusively upon

the undivided Share of such tenant in common jn and to the lands

and other properties and rights which he may receive by reason of

such termination. The termination of the Condominium shall be

evidenced by a certificate of the Association executed by its

President and Secretary ôertifying as to facts effecting the

51

Jun. 30. 1 10: 54AM HOME RUN REAL ESTATE No, 8637 F. 56

3942 P; i389

termination. Termination shall become effective when that

oertificaté is recorded in the PiThlic Records of Palm Beach County,

Florida.

18.4 The tez-m4.nation Of the Condominium

does not bat creation of another condominium affecting at],. or any
portion of the same property.

Sale;

A. Except as may be provided otherwise in Section

l8.'S.B below, following termination, the former

Ccndominiun Property and the Association Property

may be partitioned and sold upon the application of

any Owner- If following a termination, at least

seventy—five percent (75%) of the voting interests

determine allto accept srahenaasloolfnfbaeebrlbyofuornredqttuhoiereexdseacltueoteoefdfefeetdchset
property, Owners
soathlee.r
and documents

the In such event, any action for partition

of the property shall be held in abeyance pending

the sale, and upon the consummation of the sale

shall be discontinued by all parties.

B. If the proposed termination is thseubmAiststeodciattoion,a
of the
meeting membership of
pursuant to notice, and is approved in writing

within sixty (60) days of said meeting by seventy—

five percent (75%) the voting interests of at].

members of the Association, and by alt INstitutional

Mortgagees, then the Association and the approving

taOpihrwurpenreecevrhdroisaaoc,stdeaebieaolfxelfpl,stiuurohniceftnyhigtlhmedotenehsUeeeitnrhinieeut,gxsnp.doirserfhdaSattuhlticlwehoneohantapothyvfpeerr(to1hvaO2ena0wl)sonoepdrptsasithyiowsoanlnilftrahobnitmnode

if the option is. exercised, the approvals shall be

irrevocable. During this option period, -and up

through the date of closing on the option, no

actions for partition shall lie!! The option shall

be exercised upon the following tens:

1. Exercise of Option. An agreement to purchase
executed by the Association and/or the record
Owners of the Units who will participate in the
purchase, shall be by personal
dceelritvifeireedd
delivery or mailed by or registered
mail, tà each of the record Owners of the Units
to be purchased, and such delivery shall be
deemed the exercise of the option. The
agreement shall indicate which Units will be

purchased by each parti:ipating Ovner and/or

52

Jun. 30. 1 10: 55AM IHOME RUN REAL ESTATE No, 8637 F. 57

3942ORB P9

the Association, and shall require the purchase
• of all Units owned by owners not approving the

• termination, but the agreçment shall effect a

separate contract between the seller and his

-. purchaser.

2. price. The sale price for each Unit shall be
the fair market value determined by agreement between the seller
and the purchaser within thirty (30) days from the delivery or
mailing of such Agreement and, in the absence of agreement as to
price, it shall bü determined by appraisers appointed by a Judge

of the circuit Court in and for Palm Beach County, Florida, on the

petition of the seller. The expense of appraisal shall be paid by
the purchaser.

3. The purchase price shall be paid in

cash.

4. The sale shall be closed within
thirty (30) days following the determination

of the sale price.

18.,6 Last Board. The members of the last Board of Directors

shall continue to have the powers granted in the Condominium
Documents for the purpose of winding up the affairs of the
Association, notwithstanding the: fact that the Associatioq itself

may be dissolved upon a termination.

18.7 fly The provisions of this

section 18 shall be deemed covenants running with the land, and

shall survivE the termination of the Condominium until all matters

covered by those provisions have been completed.

SECTION 19. DZTAPLT; flX!DflS.

19.1 Duty to Cojpply; Right toSue.

A. Each Owner, each tenant and other invitee, and the
'Association, shall be governed by and shall comply

with the provisions of the Condominium and corporate

Acts, the Condominium Documents, and the Rules and

Regulations. Actions fordanges, for injunctive

relief, and/or for. declaratory relief, for failure

to comply may bebrought by the Association, by an

Owner or by a tenant or other invitee occupying a

Unit against:

1. The Association:

2. An Owner;

3. Any member of the Board of Directors who

53

Jun. 30. 1 10: 55AM HOME RUN REAL ESTATE -. No, 8637 F. 58

—

8942

willfully and knowingly fails to Cothply with

these provisions.

Any tenant leasing a Unit, and any other
invitee occupying a Unit.

B. My ewner prevailing in an action between the

Association and the Owner, and if entitled to reàover.
attorneys' fees, may recover additional amounts
determined by a Court to be necessary to reimburse
him for his share of assessments levied by the
Association to fund its expenses of the litigation.

TphreoviAdsesdocifoatrioinn shall also have any other remedies

,the Condominium Dcctnents and Law.

0. The mth7a1en8d.aa1tp2o5pr5ylicn(ao1bn9—l9e1b)iA,nddaimnsgianmairsebtnrdiatetrdiavtefirooRmnulpteirsmo,ceesdtohuartelilsmebo,ef

P.S.

and
followed and shall apply.

Oaorjcewurnodpndngelad-rsrmcih1eteesai9pnmqhl.tlnl2aaelcntoeotffmfafeaianutslitnhlsepiottrgbooohlvt'iiplgwrdiaaoentkpdeieeKsoroosntlffsiyaoctnreaddeD,sini.sd.ritcieppnohncaratgyosCrovcegrittcesdofrt,eoeihdrcaoiSdnss.vf/maeohamrr1eies1rnIeintlnemsyahtna,baShaioleennavlcctfe'teef;ei,nevoacrennteancsnrteud1te,lt1hptheaiaraintbevriopanvataleihnu0;rey*ea
Ooorwrrenqeuetrinhrjeevosiywomilemlanlattfienu'ltoeSfnecamntnieicsioecgn,ohsnbdoru1rec1ip.tna4giroofOrwonrO1ew1rnr.see5rp(alsana)bd'co,evmerce;eansutisoderebnysdthas'om;tauhgle'edo'rAtswhsshehoioccuinhlaedtgiltoeahncne:tyn
apply:
then the following ,'

A. .me Board nay (but,shall not be required to) provide
notice of such condition(s) to the proper Owner(s),
demanding that the condition(s) be corrected within
thirty (30)days from the date the notice was sent.
In the event that the owner does not rectify the
condition at the end of this period, then the
Association shall be entitled to contract to have
performe4, (and entry onto the
'tUhneit)n,ecwehsseraeruypownorthke
cost of this work shall become
owner asandtheUnitScacrodncesrhnaeldl
a Charge against the
(solely or ,
dunedteerrmtinhei)s Charges are collecte4
and collectible as

'Declaration.

S. This section 19.2 is in addition to the rights of
for in SectionS and 19.4
entry as provided 19.3

below.

54

Jun. 30. 1 10: 55AM HOME RUN REAL ESTATE No, 8637 F. 59

) . .2 •,

P9

c. Notwithstanding any ptovision to the

contrary in this Section 19.2, the following shall
apply:

The thirty (30) day notice period may be

I. shortened or eliminated if the Board determines

that an emergency exists to effect correction.

2. The thirty (30) clay notice shall not apply to
Section 19.3 below.

19.3 caused by OFLPT1±tL Eacri

owner shall be liable to the Association for the expenses of any
maintenance, repair or replacement of Common Elements, Limited
common Elements and Association Property made necessary by his act
or negligence, or by that of any member of his family: or his
guests, employees, agents, or lessees. If any condition,

negligence or otherwise, shall cause damage to the Properties, the

Owner of the offending Unit shall be liable to the person or entity
responsible for repairing the damaged areas, for all costs of

repair or. not paid by insurance. If the Association

eefects correction, the cost shall be levied as a charge against
the Owner and Unit and collectible as Charges are collected under
this Declaration: the Association may, but is not required to,

provide notice to the Owner prior to effecting correction.

19.4 onto the Proterties. The

Association, by and through the Board, of Directors, officers or the

agents or employees of the Asspciation, has an irrevocable right

cC access onto the Properties including' the Units: (A) For the

purpose Qf inspection, protection, maintenance, repair,

replacement, alteration and improvement' of those Properties for

which the Association is obligated to protect, maintain, repair and

replace,' and for which the Association is permitted to alter and

improve, under this Declaration; and (B) In the event that an

unsanitary or other condition situation exists which threatens the

health or safety of other residents or any condition exists which

will cause disrepair or damage to the Properties. It is the

affirmative dUty of the Unit Owner and Occupant to provide to the

Association information as to where the keysto the Unit are stored

or kept during lengthy absences from the Unit. This duty shall

'also apply to g-uests or lessees.

ensure19.5thOawtnerths eir family Qwnfls argeuessttsr,ictlaygernetss,p.onsleisbsleeesto,
servants, etc,, or any occupants of their Units comply with the

condominium Documents and' Rules and Regulations; as amended f±om
time to time; alnidabtlhee Statutes, which apply; and as such,
responsible and to the Association for are
violations of
same

by their family meuThers, quests, agents, lessees, servants, etc.,

or any occupants of their Units.

55

Jun.30. 2011 10:56AM HOME RUN REAL ESTATE No.8631 P. 60

3942ORE P&

W.aive.r..of Rights,.. The failure of the Association or of
an Association member to enforce any right, provision, covenant or
condition which may be granted by the condominium Documents shall
•not constitute aa waiver of the right of the Association or memter
to enforce such right, provision, cpvenant or condition in the

future.

19.7 Fees. Except and to
the extent otherwise provided in F.S. 718,1255 (1991), as amended
from time to time, and the applicable Administrative Rules: In any

legal proceeding arising out of an alleged failure of an owner (for

himself/herself or for his/her family members, guests, agents,

lessees., servants, or any occupants of the Unit), or the

Association to comply with the Condominium Documepts, or the Rules

and Regulation, as amended from time to time, or Law, the

prevailing party shall be entitled,to recover the' costs of the

prccêedings and attorney's and paralegal tees (including appellate

attorneys' and paralegal fees).

19.8 Mo oC,Remedies. All rights, remedies and

privileges granted to the Association of Owners under any terms,

provisions, covenants, or conditions of the Condominium Documents'

or Rules and Requlat'ions of the Association, or Law, 5hall be

deemed tO be cumulative, and the exercise of any one or more shall

not be deemed.to constitute an election of remedies, nor shall it

preclude the party from exercising such other additional rights,

remedies, or privileges as may be granted by the Condominium

Documents, Rules and Regulations, or. at Law or in equity.

19.9 Suit.

A. Art Owner shall give to the
Association written notice of every lien upon his

Lot other than. for penitted mortgages, taxes and

special assessments, within five (5) days after the
Owner receives actual notice of the attachment

thereof.

B. Notice of An Owner shall give notSce, in

writing, to the Association. of every suit or other

proceeding which may at t:ect the, title to his. Unit,

such notice to be given five (5) days after the

Owner receives actual knowledge.

C. Failure to Failure of an Owner to comply

with this Section 19.9 will not atfict the validity

of any judicial suit. Rowever, the failure may

render the owner liable 'to any party injured by such

failure.

19.10 Eviction of and Except and to the

extent otherwise provided in or barred by F4$. 718.1255 (1991) as

56

Jun. 30. 1 10:56AM HOME RUN REAL ESTATE No, 8637 F. 61

0R3 3942 1594

TueahnmnfedeoenrArdceisdjsciohgfcaripoaatmgteiaroinns8pt3ovsisoeofslsatthaielolnsFrlipogfrthihttdeshaeaapCnspodtlnairdtceouammtbeieldnseiieuAsnfdo.or'DfioncittunhhmieesetnrltpaesutsirsavpoenordsR/euORsluwelnseeo.srf
and Regtl4tiofls, as amended from time to time. If lessees and/or
permanent occupants shall be in non-compliance with any of the
Condominiua Documents and Rules and Regul4tlons, the following may
owtndmoslalonracrooenafeoegefpcinrytsse-teutb_misnseectnrteciocetnrheio:ehonreetelftnama,/seeiflptOcrctlocUflewnttsheropnioheespamoetoaartstnetenrfilnhmoodrh,clecirAmeteent/trsiihbhalOeewssneeleetwfar—iotseaennrmtotcisdlsedoeiahoiseeertmxnkona,soec.hpaeutisrmoetittnio/emfaehrpdorOdprlneaoinT/wfloedtcshtOnuimaiiAasehwernsaiosteenrmtentfnsiseA,dahchonrssleieaeetcg,osieflrnhofiaooasdersalcnwtuuneetihsilposlt.sieaettootenehsovtfhnioeseoneiiioftksrnofnttTniie/lnhhhpttcceOeteoeeoeeas(twhsr7nshthne)setetsapiaaeouhxiseroontrrlpdeposenfd./eoainsmt/Oanyrtiihlonws,saioseoerosnemtfneTsrueeihsstacrpraoeoefhthite,nfnehteghfrpdseeoheAmeotrAmrtsratifha5AsishnnneysdstapooeeettoesodneceneUecl,odAciidntnniicissmatiavfiseoomttt(tteyaornceio1ihritvccdot0foeyneii)uionobonngoapaebr,nttoahtsdtfienaaautttahlothylchinhtaeyensshafeonsden
the right tO institute eviction proceedings in court against
has lessees as agent for and on behalf: of the lessor/Owner, based
the mentione4 above. The Association may
remedies under this Section 19.10 without
on the non-compliances
exercise its rights and
any liability to the lessor/Owner or lessees/occupants (including,
but not limited to, the toss of rent to the lessor/Owner and loss
obbafeendpjpraoootisvtnsiotedrlsenysdeiyoasfnn'odrbfysieenetvshceehriaanpllctleueysrrsrere8eed3ss,/pbPyoFenlrtsomhiraebinldeAeanstsfS'ootcroaictacuttuthipeeoasnn.ctosisn)Tt,hsceoeanlxnnecdesecspptetaiersoaanslsehwgamialatllyh

this matters

sECTION 20. The following rights shall

apply to certain or all rnortgagees, in addition to those rights
contained elsewhere in the Condominium Documents:

20.1 Written consents of the

Institutional' Mortgagee ot a Unit shall be required for any
amendment to this Declaration referred to in Section 21.6 below.

20.2 Lien ?o.reclc'5ures Certain named mortqaqees
have certain rights in connection with Association lien foreclosure
actions, as provided for in Sections 1O.8A and above.

taroarcnehtydeimermooeenormb2,rey0t.tg3soUharnuegibettrmhoooegOrrawtAtnlgseeiasdregosnectioaoanonatdrliIalofwnlniyioptefmUhrnanotyicthtefhe,peoeurdmritpocnhetrhgerhtasAemgssiaesasgarOsetmeciehoio'euanisntnUtoisnoftoirdintutt,lehuiaeteoetntnmdhohoerbert'ertosfhegoaoarfrlngoifeegrceaehlo,nctofdlssomuosarnboeyefee

57

Jun.30. 2011 10:51AM HOME RUN REAL ESTATE No.8631 P. 62

-

4+ L9

sale. Any mortgagee shalZ have 'the right to accept title to the

Unit in settlement and satisfaction of the mortgage or to foreclose
its mortgage in accordance with its terms, and to bid
the Unit
at the foreclosure sale. If the Association or any of its netabers

redeem the inortflge to cure the default, it or they shall have a

lien against the Unit for all sums expended in connection

therewith, and shall have the same rights to collect such suns as

in the case of a past due assessment

20.4 to The Association shall make

available to Institutional Mortgagees requesting same Current

copies of the Condominium Documents and Rules and Regulations of

the Association, and the books, records and financial statements

of the Association. "ltvailable"shall mean ready for inspection,

upon written request, during normal business hours, or under other

reasonable àircuLmstances. Photocopies shall be provided at the

expense of the pErson requesting them.

20.5 upon written Any Institutional thMeortfgiangaeneciaisl
entitled,
request,. to a copy of
statement of the Association for the imme4iately proceeding fiscal

year.

20.6 Lende.r±s InNsottitutional Upon written rebqeueestntittloed the
any Mortgagee shall to
timely written notice of:

A. Any 60-day or longer delinquency in the payment of
assessments or
charges owed by the Owner of any Unit
on which the mortgagee holds a mortgage, and arty 30-

day or longer default of arty other provision in the
Condominium Documents by an Owner of any Unit on
which the mortgagee holds a mortgage,

B. A lapse, cancellation, or material modification of
any insuranc•e policy or fidelity bond maintained by
the Association.

C. Any condemnatIon, or casualty loss that affects a
material portion of the project or the Unit securing
its mortgage.

D. Any proposed action. that requires the consent of a

specified percentage of mortgage holders.

20.7 Access. All mortgagees shall specifically have a

complete right of access to all of the Common Elements and

Association property, for the purpose of ingreSs and egress to any

Unit upon which they have a mortgage loan.

20.5 Priority.. All provisions of an institutional mortgage
shall take precedence over the provisions of this Declaration,

58

Jun.30. 2011 10:51AM HOME RUN REAL ESTATE No.8631 P. 63

)

a942

unless and to the extend that same is viewed to be contrary to
prohibited by applicable law from time to time. No breach of any
of the provision contained in the Declaration
shall defeat or
•
atadversely affect the lien of any institutional mortgage any time
made in good faithand for consideration Upon any Unit1

20.9 Presumntiotr!. Where an institutional first mortgage, by
some circumstance tails to be a first mortgage but it is evident

that it is intended to be a first mortgage, it shall nevertheless,

firstfor the purpose of the Condominium Documents be deemed to be an
institutional raor-tgage.

SECTION 21. OF

21.1 Amendthents to this Declaration may be proposed

by the Board of Directors or by written petition signed by the
Owners If any Amendment is
of one—fourth (1/4) of the

proposed by written petition, a majority of the entire Board of

Directors shall adopt a resolution approving the Amendment.

21-2 Procedure; Notice and Format, Upon any amendment or

amendments to this Declaration being proposed as provided above,

the proposed amendment or amendments shall be submitted to a vote
of than the next annual meeting, unless
the members not later

insufficient time to give proper notice remains before that

meeting. The full text of any amendment to the Declaration shall

be included in the notice of the Owners' meeting of which a

proposed amendment is considered by the Owners. New words shall

be inserted in the text by underlining and words to be deleted

shall be. lined through with hyphens; however, it the proposed

change is so extensive that this procedure would hinder, rather

than assist, the understanding of the proposed amendment, it is not

necessary to use underlining and hyphens as indicators of words

added or deleted, but, instead, a notation must be inserted

immediately preceding the proposed amendment in substantially the

following language: "Substantial rewording of Declaration, See
provision
- for present text."

21.3 Vote Except as otherwise provided by Florida

.

Law, or by. specific provision f the Condominium Occuments, this

Declaration may be amended by concurrence of not less than a

majority of the entire Board of Directors and not less than a

majority of the voting interests of all members of the Association.

21.4 Certificatip; Recording. A copy of each adopted amendment
shall be attached to a certificate that the amendment was duly
adopted as an amendment to the Declaration, Isthich certificate shall

be in the f or-rn required by law and shall be executed by an officer

of the Association with the! formalities of a deed, the Certificate
of Amendment shall on the first page state the book and page of the

Public Records where the Declaration is recorded. If the written

consent procedure is used, the consents of the Owners need not be

59

Jun.30. 2011 10:51AM HOME RUN REAL ESTATE No.8631 P. 64

U )

8942

recorded,: so long as the Certification of Amendment executed by the

of of

to the amendment iTt qtiestion. The

amendment shall, be effective When the certificate and copy of the
amendment!are recorded in the Public Records of Palm Beach County,

Florida-1

21.5 ProVISOS,1 Provided, however, that no amendment shall:

A. Operate to unlawfully discriminate against any Owner
or against any Unit or class or group of Units.

B. Change the confiquratiott ot si±e of any Unit in any
material fashion, materially alter or modify the
appurtenances to any Unit, or change the proportion

or percentage by which an Owner shares in the common

expenses or shares in the common surplus; unless the
owners of all Units and the record owners of
Institutional Mortgagees on the Units join in the

execution of the amendment.

c. change any provisions in Sections 15 and 16 unless
the record owners of all institutional mortgages
upon all units shall join in the execution of the

amendment.

B. In any way negatively impair or prejudiáe any of the
rights, privileges, powers,. priorities and/or
options provided in this Declaration, in favor of or
reserved •to all record owners of institutional
mortgages on the Units, unless such mortgagees shall
join in the execution of the amendment.

SECTION 22. PROVISIONS..

22.1. The invalidity or unenforceability in

whole or in part of any covenant or restriction or any section,

subsection, sentence, clause, phrase or word or other provision of

this Declaration, or any echibtt attached thereto, shall not affect

the remaining portions thereof.

22.2 priorities in case In the event of conflict

between or among the provisions of any of the following, the order

of priorities shall be from highest priority to lowest:

A. The Condominium. Act.

B. The Corporate Acts.

C. Other Florida Statutes which apply

0. This Declaration.

60

Jun. 30. 1 10: 58AM HOME RUN REAL ESTATE No, 8637 F. 65

) )

028 8942 P9

E. The Articles of Incorporation.

F. The By-Laws.

The Rules and Recji.ilations and architectural
guidelines promulgated by. the Board of Directors.

22.3 jpterpret&tiLon; The Board of Directors is

responsible for interpreting the provisions of this Declaration and

its exhibits. Such interpretation shall be binding, upon all

parties unless wholly unreasonable. A written opinion rendered by

legal counsel that an interpretation adopted by the. Board is not

unreasonable shall conclusively establish the validity of such

interpretation. The provisions of this Declaration shall be

liberally construed to effectuate the purpose of creating a uniform

plan of cOndominium ownership.

22.4 In the eventS any Court shall hereafter

determine that any provisions of this Declaration as originally

drafted, or as amended, violates the rule against perpetuities or

anj' other rules of law because of the duration ot the. period

involved, the period specified in the Declaration shall not thereby
become invalid, but instead shall be reduced to the maximum period

allowed under such rules of law, and for such purpose

lives shall be that of the (original) incorporators of the

Association..

22.5 Captions. The captions in the Condominium Documents are

inserted only at a matter of convenience and for ease of reference

and in no. way define or limit any provision in the Condominium

Documents. ..

22.6 Whenever the context permits, the

singular shall .include the plural, the plural shall include the

singular, and the use of any gender shall be deimed to include all

or no genders.

22.7 anDuty. All Owners charged with

the affirmative duty to keep the Association advised, in writing,

of any changes and mailing; addresses. The Association shall be.

permitted to rely on the infOrmation Supplied by Owners lfl writing.

22.8 Covenant Running_with All provisions of the
Déclaratioñ and its Exhibits and Rules and Requlatións shall, to
construed to be
the extent applicable, be: perpetual and

covenants running the Properties in the Condominium, and all of the

provisions of the Condominium Documents and Rules and Regulations

shall be binding upon and enure to the benefit of the Owners

Association and their respective heirs, personal representatives,

successors and assigns, and shall be binding on all residents,

occupants, guests and irivitees to the Properties. None of the

61