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Declaration of Condominium
KNOW ALL MEN BY THESE PRESENTS: THAT CORAL RIDGE PROPERTIES, INC., a Delaware Corporation, authorized to do business in the State of Florida, having its principal place of business in Coral Springs, Broward County, Florida does hereby make, declare, and establish this Declaration of Condominium as and for the plan of Condominium Ownership for PLAYA del MAR CONDOMINIUM, being the property and improvements hereinafter described. (Original Declaration recorded April 9, 1975, OR Book 6163 at Page 807.) (Consolidated and restated as of May 13, 1992.) ESTABLISHMENT OF CONDOMINIUM Coral Ridge Properties, Inc., is the owner of the fee simple title to that certain property situate in the City of Fort Lauderdale, County of Broward and State of Florida, which property is more particularly described as follows, to-wit:
Lots 15 and 16, Block 34, Galt Ocean Mile, Addition No. 1, Fort Lauderdale, Florida, according to the Plat thereof recorded in Plat Book 45, Page 9 of the Public Records of Broward County, Florida and on which property there has been constructed PLAYA del MAR CONDOMINIUM, a high rise apartment housing project containing 370 dwelling units and other appurtenant improvements. Coral Ridge Properties, Inc., does hereby submit the above described property and improvements to condominium ownership, and hereby declares the same to be a condominium to be known and identified as "PLAYA del MAR CONDOMINIUM". Back to Declaration of Condominium INDEX SURVEY AND DESCRIPTION OF IMPROVEMENTS Annexed hereto and expressly made a part thereof as Exhibit #1, is a survey of the land and graphic description and plot plans of the improvements constituting PLAYA del MAR CONDOMINIUM, identifying the APARTMENTS, COMMON PROPERTY and LIMITED COMMON PROPERTY, as said terms are hereinafter defined, said survey of land and graphic description and plot plans conforming to the "as built" plans and specifications therefor, the PLAYA del MAR CONDOMINIUM being essentially completed. Each APARTMENT is identified by specific number of said Exhibit # 1, and no APARTMENT bears the same designation as any other APARTMENT. Similarly, each parking space constituting LIMITED COMMON PROPERTY bears the same designation as any other parking space. Back to Declaration of Condominium INDEX APARTMENTS, COMMON PROPERTY AND LIMITED COMMON PROPERTY The PLAYA del MAR CONDOMINIUM consists of APARTMENTS, COMMON PROPERTY and LIMITED COMMON PROPERTY, as said terms are hereinafter defined. APARTMENTS, as the term is used herein, shall mean and comprise 370 separate and numbered Dwelling Units, with contiguous Balconies, which are designated in Exhibit #1 to this Declaration of Condominium, excluding however, all spaces and improvements lying beneath the undecorated and/or unfinished inner surfaces of the ceilings of each Dwelling Unit, and further excluding all spaces and improvements lying beneath the undecorated and/or unfinished inner surfaces of all interior bearing walls and/or bearing partitions, and further excluding all pipes, ducts, wires, conduits and other facilities running through any interior partitions for the furnishing of utility services to APARTMENTS and COMMON PROPERTY. COMMON PROPERTY, as the term is used herein, shall mean and comprise all of the real property, improvements and facilities of PLAYA del MAR CONDOMINIUM other than the APARTMENTS, as same are hereinabove defined, and LIMITED COMMON PROPERTY, as hereinafter defined, and shall include easements through APARTMENTS for conduits, pipes, ducts plumbing, wiring and other facilities for the furnishing of utility services to APARTMENTS and COMMON PROPERTY and easements of support in every portion of an APARTMENT which contributes to the support of the improvements, and shall further include all personal property held and maintained for the joint use and enjoyment of all of the owners of all such APARTMENTS. LIMITED COMMON PROPERTY, as the term is used herein, shall mean and comprise that portion of the COMMON PROPERTY consisting of 593 separate and designated parking spaces, as specifically identified on Exhibit #1 hereto attached, as to each of which said parking spaces a right of exclusive use is hereby reserved to the Declarer as more particularly set forth in Article XXII hereof. Back to Declaration of Condominium INDEX OWNERSHIP OF APARTMENTS AND APPURTENANT Each APARTMENT shall be conveyed and treated as an individual property capable of independent use and fee simple ownership, and the owner or owners of each said APARTMENT shall own, as an appurtenance to the ownership of each said APARTMENT, an undivided interest in the COMMON PROPERTY, the undivided interest appurtenant to each said APARTMENT being that which is hereinafter specifically assigned thereto. The percentage of undivided interest in the COMMON PROPERTY assigned to each APARTMENT shall not be changed except with the unanimous consent of all of the owners of all of the APARTMENTS. Back to Declaration of Condominium INDEX RESTRICTIONS AGAINST FURTHER SUBDIVIDING OF APARTMENTS AND SEPARATE CONVEYANCE OF APPURTENANT COMMON PROPERTY. ETC. No APARTMENT may be divided or subdivided into a smaller Dwelling Unit or smaller Dwelling Units than as shown on Exhibit #1 hereto. No APARTMENT shall be added to or incorporated into any other APARTMENT. The undivided interest in the COMMON PROPERTY declared to be an appurtenance to each APARTMENT shall not be conveyed, devised, encumbered or otherwise dealt with separately from said APARTMENT, and the undivided interest in COMMON PROPERTY appurtenant to each APARTMENT, shall be deemed conveyed, devised, encumbered or otherwise included with the APARTMENT even though such undivided interest is not expressly mentioned or described in the instrument conveying, devising, encumbering or otherwise dealing with such APARTMENT. Any conveyance, mortgage or other instrument which purports to effect the conveyance, devise or encumbrance, or which purports to grant any right, interest or lien in, to or upon an APARTMENT, shall be null, void and of no effect insofar as the same purports to affect any interest in an APARTMENT and its appurtenant undivided interest in COMMON PROPERTY, unless the same purports to convey, devise, encumber or otherwise trade or deal with the entire APARTMENT. Any instrument conveying, devising, encumbering or otherwise dealing with any APARTMENT which described said APARTMENT by the APARTMENT Unit Number assigned thereto in Exhibit #1 without limitation or exception, shall be deemed or construed to affect the entire APARTMENT and its appurtenant undivided interest in the COMMON PROPERTY, Nothing herein contained shall be construed as limiting or preventing ownership of any APARTMENT and its appurtenant undivided interest in the COMMON PROPERTY by more than one person or entity as tenants in common, joint tenants, or as tenants by the entirety. (Amended May 6, 1988 OR BOOK 15410, PG 0531) Back to Declaration of Condominium INDEX PLAYA del MAR CONDOMINIUM SUBJECT TO RESTRICTIONS. ETC. The APARTMENT, COMMON PROPERTY and LIMITED COMMON PROPERTY shall be, and the same are hereby declared to be subject to the restrictions, easements, conditions and covenants prescribed and established herein, governing the use of said APARTMENTS, COMMON PROPERTY and LIMITED COMMON PROPERTY, and said APARTMENTS, COMMON PROPERTY and LIMITED COMMON PROPERTY are further declared to be subject to the restrictions1 easements, conditions and limitations now of record affecting the land and improvements of PLAYA del MAR CONDOMINIUM. Back to Declaration of Condominium INDEX PERPETUAL NON-EXCLUSIVE EASEMENT IN COMMON PROPERTY The COMMON PROPERTY shall be, and the same is hereby declared to be subject to the perpetual non-exclusive easement in favor of all of the owners of APARTMENTS in the PLAYA del MAR CONDOMINIUM for their use and the use of their immediate families, guests and invitees, for all proper and normal purposes, and for the furnishing of services and facilities for which the same are reasonably intended, for the enjoyment of said owners of APARTMENTS. Back to Declaration of Condominium INDEX EASEMENTS FOR UNINTENTIONAL AND NON- NEGLIGENT ENCROACHMENTS In the event that any APARTMENT shall encroach upon any COMMON PROPERTY for any reason not caused by the purposeful or negligent act of the APARTMENT owner or owners, or agents of such owner or owners, then an easement appurtenant to such APARTMENT shall exist so long as the continuance of such encroachment shall naturally exist; and, in the event that any portion of the COMMON PROPERTY shall encroach upon any APARTMENT, then an easement shall exist for the continuance of such encroachment of the COMMON PROPERTY into any APARTMENT for so long as such encroachment shall naturally exist. Back to Declaration of Condominium INDEX RESTRAINT UPON SEPARATION AND PARTITION OF COMMON PROPERTY Recognizing that the proper use of an APARTMENT by any owner or owners is dependent upon the use and enjoyment of the COMMON PROPERTY in common with the owners of all other APARTMENTS, and that it is in the interest of all owners of APARTMENTS that the ownership of the COMMON PROPERTY be retained in common by the owners of APARTMENTS in the condominium, it is declared that the percentage of the undivided interest in the COMMON PROPERTY appurtenant to each APARTMENT shall remain undivided and no owner of any APARTMENT shall bring or have any right to bring any action for partition or division. Back to Declaration of Condominium INDEX PERCENTAGE OF UNDIVIDED INTEREST IN COMMON
PROPERTY The undivided interest in COMMON PROPERTY appurtenant to each APARTMENT is that percentage of undivided interest which is set forth and assigned to each APARTMENT in that certain Schedule which is annexed hereto and expressly made a part hereof as Exhibit #2. Likewise, each APARTMENT shall have appurtenant thereto an undivided interest in the LIMITED COMMON PROPERTY in the same percentage as there is appurtenant thereto an undivided interest in the COMMON PROPERTY, subject, however, to the right of exclusive use as is reserved under Article XXII hereof. Back to Declaration of Condominium INDEX EASEMENT FOR AIR SPACE The owner of each APARTMENT shall have an exclusive easement for the use of air space occupied by said APARTMENT as it exists at any particular time and as said APARTMENT may lawfully be altered or reconstructed from time to time, which easement shall be terminated automatically in any air space which is vacated from time to time. Back to Declaration of Condominium INDEX ADMINISTRATION OF PLAYA del MAR CONDOMINIUM BY PLAYA del MAR ASSOCIATION. INC. To provide efficiently and effectively for the administration of PLAYA del MAR CONDOMINIUM by the owners of APARTMENTS, a non-profit corporation known and designated as PLAYA del MAR ASSOCIATION, INC., has been organized, and said corporation shall administer the operation and management of PLAYA del MAR CONDOMINIUM and undertake and perform all acts and duties incident thereto in accordance with the terms, provisions and conditions of this Declaration of Condominium and in accordance with the terms of the Articles of Incorporation of PLAYA del MAR ASSOCIATION, INC., and the By-Laws of said corporation. True copies of the Articles of Incorporation and the By-Laws of said PLAYA del MAR ASSOCIATION, INC., are annexed hereto and expressly made a part hereof as Exhibits #3 and #4, respectively. The owner or owners of each APARTMENT shall automatically become members of PLAYA del MAR ASSOCIATION, INC., upon his, their or its acquisition of an ownership interest in title to any APARTMENT and its appurtenant undivided interest in COMMON PROPERTY and LIMITED COMMON PROPERTY, and the membership of such owner or owners shall terminate automatically upon such owner or owners being divested of such ownership interest in the title to such APARTMENT, regardless of the means by which ownership may be divested. No person, firm or corporation holding any lien, mortgage or other encumbrance upon any APARTMENT shall be entitled, by virtue of such lien, mortgage or other encumbrance, to membership in PLAYA del MAR ASSOCIATION, INC., or to any of the rights or privileges of such membership. In the administration of the operation and management of PLAYA del MAR CONDOMINIUM, said PLAYA del MAR ASSOCIATION, INC., shall have and is hereby granted the authority and power to enforce the provisions of this Declaration of Condominium, levy and collect assessments in the manner hereinafter provided, and adopt, promulgate and enforce such rules and regulations governing the use of the APARTMENTS, COMMON PROPERTY and LIMITED COMMON PROPERTY, as the Board of Directors of PLAYA del MAR ASSOCIATION, INC., may deem to be in the best interest of PLAYA del MAR CONDOMINIUM. PLAYA del MAR ASSOCIATION, INC., is hereinafter referred to as "ASSOCIATION". The ASSOCIATION shall at all times maintain a Register setting forth the names of the owners of all of the APARTMENTS, and in the event of the sale or transfer of any APARTMENT to a third party, the purchaser or transferee shall notify ASSOCIATION in writing of his interest in such APARTMENT, together with such recording information as shall be pertinent to identify the instrument by which such purchaser or transferee has acquired his interest in any APARTMENT. Further, the owner of each APARTMENT shall at all times notify ASSOCIATION of the names of the parties holding any mortgage or mortgages on any APARTMENT, the amount of such mortgage or mortgages, and the recording information which shall be pertinent to identify the mortgage or mortgages. The holder of any mortgage or mortgages upon any APARTMENT may, if they so desire, notify ASSOCIATION of the existence of any mortgage or mortgages held by such party on any APARTMENT, and upon receipt of such notice, ASSOCIATION shall register in its records all pertinent information pertaining to same. Back to Declaration of Condominium INDEX RESIDENTIAL USE RESTRICTIONS APPLICABLE TO APARTMENTS Each APARTMENT is hereby restricted to residential use by the owner
or owners thereof, their immediate families, guests, and invitees.
No owner or owners of any APARTMENT shall permit use of the same
for transient, hotel, or commercial purposes. In order to provide
for a congenial occupancy of the building and security of residents,
the use of the property shall be restricted to and be in accordance
with the following provisions: SINGLE-FAMILY RESIDENCES. The APARTMENT units of PLAYA del MAR
CONDOMINIUM shall be limited to use by immediate members of a single
family as defined below. No APARTMENT shall be utilized by more
than the members of a single family unless otherwise approved by
the Board of Directors. If title vests in any entity other than a natural person or persons
or in multiple families, then such entity or multiple families shall
designate in writing the single family to occupy the APARTMENT unit,
and the ASSOCIATION approval of said designee shall be subject to
the same rules, regulations, and requirements regarding qualifications
for occupancy as apply to prospective tenants seeking approval for
occupancy. Once a designee is so approved, such designation may
be changed only once in any twelve(12) month period. OCCUPANCY LEVEL: The number of residents who shall be permitted
to occupy an APARTMENT unit in PLAYA del MAR CONDOMINIUM is: (A) One Bedroom - - three persons The maximum number of residents permitted in each APARTMENT unit
must be adhered to in accordance with the restrictions set forth
above. However, occasional overnight guests and members of the immediate
family will be permitted in amounts not to exceed two persons above
occupancy level. CLASSIFICATION OF RESIDENTS: Residents shall be comprised of five classifications: (Amended April 4, 1987 OR BOOK 14317, PG 302) (1) Owners Visitors or overnight guests will be permitted only while the Owner or Lessee is in residence in the APARTMENT. (Amended April 4, 1987 OR BOOK 14317, PG 302) No person under the age of 14 years will be accepted as an occupant
in the leasing or purchase of an APARTMENT. No person likely to
interfere with the safety, welfare, or health of other residents
shall be accepted as an occupant in the leasing or purchase of an
APARTMENT. Back to Declaration of Condominium INDEX USE OF COMMON PROPERTY AND LIMITED COMMON
PROPERTY The use of COMMON PROPERTY by the owner or owners of all APARTMENTS, and all other parties authorized to use the same, and the use of LIMITED COMMON PROPERTY by the owner or owners, entitled to use the same, shall be at all times subject to such reasonable rules and regulations as may be prescribed and established governing such use, or which may be hereafter prescribed and established by the ASSOCIATION, Back to Declaration of Condominium INDEX PLAYA del MAR CONDOMINIUM TO BE USED FOR LAWFUL PURPOSES, RESTRICTION AGAINST NUISANCES. ETC. No immoral, improper, offensive or unlawful use shall be made of any APARTMENT or of the COMMON PROPERTY, or of the LIMITED COMMON PROPERTY, nor any part thereof, and all laws, zoning ordinances and regulations of all governmental authorities applicable to PLAYA del MAR CONDOMINIUM shall be observed. No owner of any APARTMENT shall permit or suffer anything to be done or kept in his APARTMENT, or on the COMMON PROPERTY, or on the LIMITED COMMON PROPERTY, which will increase the rate of insurance on PLAYA del MAR CONDOMINIUM, or which will obstruct or interfere with the rights of the other occupants of the building or annoy them by unreasonable noises, nor shall any such owner undertake any use or practice which shall create or constitute a nuisance to any other owner of an APARTMENT, or which interferes with the peaceful possession and proper use of any other APARTMENT, or the COMMON PROPERTY, or the LIMITED COMMON PROPERTY. Back to Declaration of Condominium INDEX RIGHT OF ENTRY INTO APARTMENT IN EMERGENCIES The general personal safety and health of all and the prevention
of loss and damage to contents due to insect infestation, fire,
water-line breakage, or emergency requires that a key for each lock
for each APARTMENT and air-conditioning room (if locked) be deposited
with the Manager. The Board of Directors of ASSOCIATION for entry
in relief of the above, or any other person authorized by it, or
the building Superintendent or Managing Agent shall have the right
to enter such APARTMENT for the purpose of remedying or abating
the cause of such emergency, and such right of entry shall be immediate. Failure to provide such a key makes an APARTMENT owner (and / or lessee) totally responsible and liable for resulting injuries, loss of life, or property damage. Further, the PLAYA del MAR ASSOCIATION will not be responsible for damage resulting from entry in the event that emergency access is required. (Amended April 4, 1987 OR BOOK 14317, PG 302) Keys deposited with the Manager will not be surrendered to guests or service or domestic personnel under any circumstances. (Amended April 4, 1987 OR BOOK 14317, PG 302) Back to Declaration of Condominium INDEX RIGHT OF ENTRY FOR MAINTENANCE OF COMMON PROPERTY Whenever it is necessary to enter any APARTMENT for the purpose
of performing any maintenance, alteration, or repair to any portion
of the COMMON PROPERTY, or to go upon any LIMITED COMMON PROPERTY
for such purpose, the owner of each APARTMENT shall permit the duly
constituted and authorized Agent of ASSOCIATION, to enter such APARTMENT,
or to go upon the LIMITED COMMON PROPERTY constituting an appurtenance
to any such APARTMENT, for such purposes, provided that such entry
shall be made only at reasonable times and with reasonable advance
notice. Back to Declaration of Condominium INDEX LIMITATION UPON RIGHT OF OWNERS TO ALTER No owner of an APARTMENT shall permit there to be any structural modifications or alterations in such APARTMENT without first obtaining the written consent of ASSOCIATION, which consent may be withheld in the event that a majority of the Board of Directors of said ASSOCIATION determines, in its sole discretion, that such structural modifications or alterations would affect or in any manner endanger PLAYA del MAR CONDOMINIUM in part or in its entirety. If the modification or alteration desired by the owner of any APARTMENT involves the removal of any permanent interior partition, ASSOCIATION shall have the right to permit such removal so long as the permanent interior partition to be removed is not a load bearing partition, and so long as the removal thereof would in no manner affect or interfere with the provisions for utility services constituting COMMON PROPERTY located therein. No owner shall cause the balcony abutting his APARTMENT to be enclosed or cause any improvements or changes to be made on the exterior of PLAYA del MAR CONDOMINIUM, including painting or other decoration, or the installation of electrical wiring, television antennae, machines or air conditioning units, which may protrude through the walls or roof of PLAYA del MAR CONDOMINIUM, or in any manner change the appearance of any portion of the building not within the walls of such APARTMENT, without the written consent of ASSOCIATION being first had and obtained. Back to Declaration of Condominium INDEX RIGHT OF ASSOCIATION TO ALTER AND IMPROVE
PROPERTY ASSOCIATION shall have the right to make or cause to be made such alterations or improvements to the COMMON PROPERTY provided the making of such alterations and improvements are approved by the Board of Directors of said ASSOCIATION, and the cost of such alterations or improvements shall be assessed and collected as common expense. However, where any alterations and improvements are exclusively or substantially exclusively for the benefit of the owner or owners of an APARTMENT or APARTMENTS requesting the same, then the cost of such alterations and improvements shall be assessed against and collected solely from the owner or owners of the APARTMENT or APARTMENTS exclusively or substantially exclusively benefited, the assessment to be levied in such proportion as may be determined by the Board of Directors of ASSOCIATION. Back to Declaration of Condominium INDEX MAINTENANCE AND REPAIR BY OWNERS OF APARTMENTS Every owner must perform promptly all maintenance and repair work within his APARTMENT which, if omitted, would affect PLAYA del MAR CONDOMINIUM in its entirety or in a part belonging to other owners being expressly responsible for the damages and liability which his failure to do so may engender. The owner of each APARTMENT shall be liable and responsible for the maintenance, repair, and replacement as the case may be, of all air-conditioning and heating equipment, stoves, refrigerators, fans, or other appliances or equipment, including any fixtures and/or their connections required to provide water, light, power, telephone, sewage and sanitary service to his APARTMENT and which may now or hereafter be situated in his APARTMENT. Such owner shall further be responsible and liable for maintenance, repair, and replacement of any and all wall, ceiling, and floor interior surfaces, painting, decorating and furnishings, and all other accessories which such owner may desire to place or maintain in his APARTMENT. Wherever the maintenance, repair, and replacement of any items for which the owner of an APARTMENT is obligated to maintain, repair, or replace at his own expense is occasioned by any loss or damage which may be covered by any insurance maintained in force by ASSOCIATION, the proceeds of the insurance received by ASSOCIATION, or the Insurance Trustee hereinafter designed, shall be used for the purpose of making such maintenance, repair, or replacement, except that the owner of such APARTMENT shall be, in said instance, required to pay such portion of the costs of such maintenance, repair, and replacement as shall, by reason of the applicability of any deductibility provision of such insurance exceed the amount of the insurance proceeds applicable to such maintenance, repair, or replacement. The floor of the balcony attached to his APARTMENT shall be maintained by the owner at his expense. (Amended April 4, 1987 OR BOOK 14317, PG 302) Back to Declaration of Condominium INDEX MAINTENANCE AND REPAIR OF COMMON PROPERTY
AND ASSOCIATION, at its expense, shall be responsible for the maintenance, repair and replacement of all of the COMMON PROPERTY and LIMITED COMMON PROPERTY, including those portions thereof which contribute to the support of the building, and all conduits, ducts, plumbing, wiring and other facilities located in the COMMON PROPERTY and LIMITED COMMON PROPERTY, and should any incidental damage be caused to any APARTMENT by virtue of any work which may be done or caused to be done by ASSOCIATION in the maintenance, repair or replacement of any COMMON PROPERTY, the said ASSOCIATION shall, at its expense, repair such incidental damage. Back to Declaration of Condominium INDEX LIMITED COMMON PROPERTY: RIGHTS OF DECLARER, Exclusive use of particular parking spaces in LIMITED COMMON PROPERTY
has been acquired by owners of APARTMENTS by assignment from CORAL
RIDGE PROPERTIES, INC., or by ASSOCIATION, which assignment, shall
be represented by instrument in writing; shall be filed with the
ASSOCIATION; and may be made by separate instrument or by inclusion
in any instrument of conveyance of an APARTMENT. Upon such assignment
of such parking space in the LIMITED COMMON PROPERTY to an APARTMENT,
the owner of such APARTMENT shall have the right to the use thereof
without separate charge there for by the ASSOCIATION, although nothing
herein contained shall be construed as relieving such owner from
any portion of any assessment for common expense made against his
APARTMENT as hereinafter provided, it being the intention hereof
that the cost of maintenance and administration of LIMITED COMMON
PROPERTY shall be included as part of the common expense applicable
to all APARTMENTS for purposes of assessment. Upon such assignment,
the right of exclusive use of the owner of the APARTMENT to which
such assignment is made shall become an appurtenance to said APARTMENT,
and upon the conveyance of, or passing of title to the APARTMENT
to which such assignment is made, such exclusive right shall pass
as an appurtenance thereto in the same manner as the undivided interest
in the COMMON PROPERTY appurtenant to such APARTMENT. No conveyance,
encumbrance or passing of title in any manner whatsoever to any
exclusive right to use a parking space constituting LIMITED COMMON
PROPERTY may be made or accomplished separately from the conveyance
encumbrance or passing to title to the APARTMENT to which it is
appurtenant. Provided, however, this prohibition shall not be applicable
to any ADDITIONAL LIMITED COMMON PROPERTY Parking Space or Spaces
held by Owner, it being the intent hereof that each APARTMENT shall
always have at least one parking space as an appurtenance. Whenever
the ASSOCIATION shall become the owner of the exclusive right to
use any parking space constituting LIMITED COMMON PROPERTY, such
exclusive right may be thereafter assigned by the ASSOCIATION to
any APARTMENT with the same force and effect as if originally assigned
thereto by CORAL RIDGE PROPERTIES, INC. The ASSOCIATION shall have
the exclusive right to use any LIMITED COMMON PROPERTY assigned
to it for the purpose of providing controlled parking or attendant
parking and to make a charge therefor. In the event CORAL RIDGE
PROPERTIES, INC. SHALL NOT HAVE assigned the exclusive right to
use all parking spaces constituting LIMITED COMMON PROPERTY to particular
APARTMENTS at the expiration of five (5) years from the date of
recordation of this Declaration of Condominium, then the right of
CORAL RIDGE PROPERTIES, INC. to make such assignment shall cease
and terminate with respect to the exclusive right to use any then
unassigned parking spaces constituting LIMITED COMMON PROPERTY shall
pass unto and be vested in ASSOCIATION just as though CORAL RIDGE
PROPERTIES, INC. has assigned same to particular APARTMENTS, from
which APARTMENTS same had been transferred to the ASSOCIATION. LIMITED COMMON PROPERTY cannot be sold, transferred, assigned,
or otherwise conveyed other than to a member of the ASSOCIATION.
Parking space in LIMITED COMMON PROPERTY can be leased to an owner
or lessee but only for the term of any such APARTMENT lease, and
any such sale or lease shall be recorded in the office of the ASSOCIATION. Back to Declaration of Condominium INDEX INSURANCE COVERAGE TO BE MAINTAINED BY ASSOCIATION: The insurance other than title insurance that shall be carried upon the CONDOMINIUM property and the property of the APARTMENT owners shall be governed by the following provisions: A. All insurance policies upon the CONDOMINIUM property shall be purchased by the ASSOCIATION. The named insured shall be the ASSOCIATION individually and as agent for the APARTMENT owners, without naming them, and as agent for their mortgagees. Provision shall be made for the issuance of mortgagee endorsements and memoranda of insurance to the mortgagees of APARTMENTS owners. Such policies shall provide that payments by the insurer for losses shall be made to the ASSOCIATION who shall act as Trustee. APARTMENT owners may obtain coverage at their own expense upon their personal property and for their personal liability and living expense. (December 7, 1990 OR BOOK 17972, PG 0180) B. Casualty insurance covering all of the APARTMENTS, COMMON PROPERTY
and LIMITED COMMON PROPERTY in an amount equal to the maximum insurance
replacement value thereof, exclusive of excavation and foundation
costs, as determined annually by the insurance carrier, such coverage
to afford protection against C. Public liability in such amounts and with such coverage as shall be required by the Board of Directors of the ASSOCIATION, including but not limited to hired automobile and nonowned automobile coverages, and with cross liability endorsement to cover liabilities of the APARTMENT owners as a group to an APARTMENT owner. D. Workmen's Compensation insurance to meet the requirements of law. E. Such other insurance coverage, other than title insurance as the Board of Directors of ASSOCIATION, in its sole discretion, may determine from time to time to be in the best interests of ASSOCIATION and owners of all of the APARTMENTS. All insurance coverage authorized to be purchased shall be purchased by ASSOCIATION for itself and for the benefit of all of the owners of all APARTMENTS. The cost of obtaining the insurance coverage authorized above is declared to be a common expense, as are any other fees and expenses incurred which may be necessary or incidental to carrying out the provisions hereof. The company or companies with whom casualty insurance may be placed
shall be selected by ASSOCIATION, except that said company or companies
shall be authorized to do business in the State of Florida and the
insurance agent shall be a Florida agent, and all parties beneficially
interested in such insurance coverage shall be bound by such selection
of insurance company or companies made by ASSOCIATION. In the event of the loss of or damage only to COMMON PROPERTY, real or personal, and/or LIMITED COMMON PROPERTY, which loss or damage is covered by the casualty insurance, the proceeds paid to the ASSOCIATION who shall act as Trustee to cover such loss or damage shall be applied to the repair, replacement or reconstruction of such loss or damage. If the insurance proceeds are in excess of the cost of the repair, replacement of reconstruction of such COMMON PROPERTY and/or LIMITED COMMON PROPERTY, then such excess insurance proceeds shall be paid by the ASSOCIATION to the owners of all of the APARTMENTS and their respective mortgagees, irrespective of whether there may be exclusive right to use a parking space constituting LIMITED COMMON PROPERTY appurtenant to any of such APARTMENTS, the distribution to be separately made to the owner of each APARTMENT and his respective mortgagee or mortgagees, if any, shall bear the same ratio to the total excess insurance proceeds as does the undivided interest in COMMON PROPERTY appurtenant to each APARTMENT bear to the total undivided interests in COMMON PROPERTY appurtenant to all APARTMENTS. If it appears that the insurance proceeds covering the casualty loss or damage payable to ASSOCIATION are not sufficient to pay for the repair, replacement or reconstruction of the loss or damage, or that the insurance proceeds when collected will not be so sufficient, then ASSOCIATION shall deposit a sum which, together with the insurance proceeds received or to be received, will enable said ASSOCIATION to completely pay for the repair, replacement or reconstruction of any loss or damage, as the case may be. The monies to be deposited by ASSOCIATION in said latter event, may be paid by ASSOCIATION out of its Reserve for Replacements Fund, and if the amount in such Reserve for Replacements Fund is not sufficient, then ASSOCIATION shall levy and collect an assessment against the owners of all APARTMENTS and said APARTMENTS in an amount which shall provide the funds required to pay for said repair, replacement or reconstruction without regard to the existence of any exclusive right to use a parking space constituting LIMITED COMMON PROPERTY which may be an appurtenance to said APARTMENT. (December 7, 1990 OR BOOK 17972, PG 0180) In the event of the loss or damage to COMMON PROPERTY, LIMITED
COMMON PROPERTY, and any APARTMENT or APARTMENTS, which loss or
damage is covered by the casualty insurance, the proceeds paid to
the ASSOCIATION to cover such loss or damage shall be first applied
to the repair, replacement or reconstruction, as the case may be,
of COMMON PROPERTY, real or personal, and LIMITED COMMON PROPERTY,
and then any remaining insurance proceeds shall be applied to the
repair, replacement or reconstruction of any APARTMENT or APARTMENTS
which may have sustained any loss or damage so covered. If the insurance
proceeds are in excess of the cost of the repair, replacement or
reconstruction of the COMMON PROPERTY and LIMITED COMMON PROPERTY
and the APARTMENT or APARTMENTS sustaining any loss or damage, then
such excess insurance proceeds shall be paid and distributed by
the ASSOCIATION to the owners of all APARTMENTS, and to their mortgagees,
as their respective interests may appear, such distribution to be
made in the manner and in the proportions as are provided hereinbelow.
If it appears that the insurance proceeds covering the casualty
loss or damage payable to the ASSOCIATION are not sufficient to
pay for the repair, replacement or reconstruction of the loss or
damage, or that the insurance proceeds when collected will not be
so sufficient, then the Board of Directors of ASSOCIATION shall,
based upon reliable and detailed estimates obtained by it from competent
and qualified parties, determine and allocate the cost of repair,
replacement or reconstruction between the COMMON PROPERTY and LIMITED
COMMON PROPERTY, and the APARTMENT or APARTMENTS sustaining any
loss or damage. If the proceeds of said casualty insurance are sufficient
to pay for the repair, replacement or reconstruction of any loss
of or damage to COMMON PROPERTY and LIMITED COMMON PROPERTY, but
should the same not be sufficient to repair, replace or reconstruct
any loss of or damage to any APARTMENT or APARTMENTS, then ASSOCIATION
shall levy and collect an assessment from the owner or owners of
the APARTMENT or APARTMENTS sustaining any loss or damage, and the
assessment collected from said owner or owners and deposited with
said ASSOCIATION shall be sufficient to completely pay for the repair,
replacement or reconstruction of all COMMON PROPERTY, LIMITED COMMON
PROPERTY, and APARTMENT or APARTMENTS. In said latter event, the
assessment to be levied and collected from the owner or owners of
each APARTMENT or APARTMENTS sustaining loss or damage shall be
apportioned between such owner or owners in such manner that the
assessment levied against each owner of an APARTMENT, and his APARTMENT,
shall bear the same proportion to the total assessment levied against
all of said owners of APARTMENTS sustaining loss or damage as does
the cost of repair, replacement or reconstruction of each owner's
APARTMENT bear to the cost applicable to all of said APARTMENTS
sustaining loss or damage. If the casualty insurance proceeds payable
to the ASSOCIATION in the event of the loss of or damage to COMMON
PROPERTY, LIMITED COMMON PROPERTY and APARTMENT or APARTMENTS is
not in an amount which will pay for the complete repair, replacement
or reconstruction of the COMMON PROPERTY and LIMITED COMMON PROPERTY,
it being recognized that such insurance proceeds are to be first
applied to payment for repair, replacement or reconstruction of
said COMMON PROPERTY and LIMITED COMMON PROPERTY before being applied
to the repair, replacement or reconstruction of an APARTMENT or
APARTMENTS, then the cost to repair, replace or reconstruct said
COMMON PROPERTY and LIMITED COMMON PROPERTY in excess of available
casualty insurance proceeds shall be levied and collected as an
assessment from all of the owners of all APARTMENTS in the same
manner as would such assessment be levied and collected had the
loss or damage sustained been solely to COMMON PROPERTY and the
casualty insurance proceeds been not sufficient to cover the cost
of repair, replacement or reconstruction, and the cost of repair,
replacement or reconstruction of each APARTMENT or APARTMENTS sustaining
loss or damage shall then be levied and collected by assessment
of the owner or owners of APARTMENT or APARTMENTS sustaining the
loss or damage in same manner as is above provided for the apportionment
of such assessment between the owner or owners APARTMENT or APARTMENTS
sustaining such loss or damage. In said latter event, assessment
of the owner or owners of APARTMENT or APARTMENTS shall be made
without regard to the existence of any exclusive right to use a
parking space constituting LIMITED COMMON PROPERTY which may be
an appurtenance to any APARTMENT. In the event of loss of or damage to property covered by such casualty
insurance in excess of $1,000.00, ASSOCIATION shall, within sixty
(60) days after any such occurrence, obtain reliable and detailed
estimates of the cost to place the damaged property in condition
as good as that before such loss or damage, such estimates to contain
and include the cost of any professional fees and premium for such
Bond as the ASSOCIATION may deem to be in the best interests of
the membership of said ASSOCIATION. Wherever it shall appear that
the insurance proceeds payable for such loss or damage will not
be sufficient to defray the cost of the repair, replacement or reconstruction
thereof, the additional monies required to pay completely for such
repair, replacement or reconstruction of said loss or damage, whether
to be paid by all of the owners of APARTMENTS or only by the owner
or owners of any APARTMENT or APARTMENTS sustaining loss or damage,
or both, shall be deposited with said ASSOCIATION nor later than
thirty (30) days from the date on which said ASSOCIATION shall receive
the monies payable under the policy or policies of casualty insurance. In the event of the loss of or damage to personal property belonging to ASSOCIATION, the insurance proceeds, shall be paid to ASSOCIATION. In the event of the loss of or damage to personal property constituting a portion of the COMMON PROPERTY, and should the ASSOCIATION determine not to replace such personal property as may be lost or damaged, then the insurance proceeds received by the ASSOCIATION shall be paid to the owners of all APARTMENTS and their respective mortgagee or mortgagees, as their interests may appear, in the manner and in the proportions hereinbefore provided for the distribution of excess insurance proceeds. (December 7, 1990 OR BOOK 17972, PG 0180) A copy of each insurance policy obtained by the ASSOCIATION shall be made available for inspection by unit owners at reasonable times. Back to Declaration of Condominium INDEX APPORTIONMENT OF TAX OR SPECIAL ASSESSMENT
IF LEVIED AND In the event that any taxing authority having jurisdiction over PLAYA del MAR CONDOMINIUM shall levy or assess any Tax or Special Assessment against PLAYA del MAR CONDOMINIUM as a whole, as opposed to levying and assessing such Tax or Special Assessment against each APARTMENT and its appurtenant undivided interest in COMMON PROPERTY, then such Tax or Special Assessment so levied shall be paid as a common expense by ASSOCIATION, and any taxes or Special Assessment which are to be so levied shall be included wherever possible, in the estimated Annual Budget of ASSOCIATION, or shall be separately levied and collected as an assessment by ASSOCIATION against the owners of all APARTMENTS, said assessment being made as hereinafter provided in Article XXVI. The assessments by ASSOCIATION, made hereunder, shall separately specify and identify the amount of such assessment attributable to such Tax or Special Assessment, and the amount of such Tax or Special Assessment so designated shall be and constitute a lien with the priority then provided by Law. All personal property taxes levied or assessed against personal property owned by ASSOCIATION shall be paid by said ASSOCIATION and shall be included as a common expense in the Annual Budget of ASSOCIATION. In apportionment of any Tax or Special Assessment in accordance with the provisions of this Article XXIV, such apportionment shall be made without regard to the existence of any exclusive right to use a parking space constituting LIMITED COMMON PROPERTY which may be an appurtenance to any APARTMENT. Back to Declaration of Condominium INDEX ASSOCIATION TO MAINTAIN REGISTRY OWNERS The ASSOCIATION shall at all times maintain a Register setting forth the names of the owners of all of the APARTMENTS, and in the event of the sale or transfer of any APARTMENT to a third party, the purchaser or transferee shall notify ASSOCIATION in writing of his interest in such APARTMENT, together with such recording information as shall be pertinent to identify the instrument by which such purchaser or transferee has acquired his interest in any APARTMENT. (Amended April 4, 1987 OR BOOK 14317, PG 302) Back to Declaration of Condominium INDEX ASSESSMENTS: LIABILITY, LIEN AND ENFORCEMENT The ASSOCIATION is given the authority to administer the operation and management of PLAYA del MAR CONDOMINIUM, it being recognized that the delegation of such duties to one entity is in the best interests of the owners of all APARTMENTS. To properly administer the operation and management of the Project, ASSOCIATION will incur, for the mutual benefit of all of the owners of APARTMENTS, costs and expenses which will be continuing or non-recurring costs, as the case may be, which costs and expenses are herein referred to as "COMMON EXPENSE". The term "COMMON EXPENSE" shall also include the expense of installation and maintenance of a cable television system. To provide the funds necessary for such proper operation and management, the said ASSOCIATION has heretofore been granted the right to make, levy and collect assessments against the owners of all APARTMENTS and said APARTMENTS. In furtherance of said grant of authority to ASSOCIATION to make, levy and collect assessments to pay the costs and expenses for the operation and management of PLAYA del MAR CONDOMINIUM, the following provisions shall be operative and binding upon the owners of all APARTMENTS, to-wit: (Amended October 27, 1989 OR BOOK 16879, PG 991) A. All assessments levied against the owners of APARTMENTS, and said APARTMENTS, made by ASSOCIATION shall be in such proportion that the amount of assessment levied against each owner of an APARTMENT, and the APARTMENT, shall bear the same ratio to the total assessment made against all owners of APARTMENTS, and their APARTMENTS, as does the undivided interest in COMMON PROPERTY appurtenant to each APARTMENT bear to the total undivided interest in COMMON PROPERTY appurtenant to all APARTMENTS, without increase or diminution for the existence, or lack of existence, of any exclusive right to use a parking space constituting LIMITED COMMON PROPERTY which may be an appurtenance to any APARTMENT, Should ASSOCIATION be the owner of any APARTMENT or APARTMENTS, the assessment which would otherwise be due and payable to ASSOCIATION by the owner of such APARTMENT or APARTMENTS, reduced by the amount of income which may be derived from the leasing of such APARTMENT or APARTMENTS by ASSOCIATION, shall be apportioned and assessment therefor levied ratably among the owners of all APARTMENTS which are not owned by ASSOCIATION, based upon their proportionate interests in the COMMON PROPERTY exclusive of the interests therein appurtenant to any APARTMENT or APARTMENTS owned by ASSOCIATION. "COMMON SURPLUS", meaning all funds and other assets of the ASSOCIATION (including excess of receipts of ASSOCIATION, including but not limited to assessments, rents, profits, and revenues from whatever source whatsoever, over amount of the COMMON EXPENSES), shall be owned by the owners of all APARTMENTS in the same proportion that the undivided interest in COMMON PROPERTY appurtenant to each owner's APARTMENT bears to the total of all undivided interests in COMMON PROPERTY appurtenant to all APARTMENTS; provided, however, that said common surplus shall be held by the ASSOCIATION in the manner, and subject to the terms, provisions and conditions hereof imposing certain limitations and restrictions upon the use and distribution of said COMMON SURPLUS. Except for distribution of any insurance indemnity herein provided, or termination of PLAYA del MAR CONDOMINIUM, any distribution of COMMON SURPLUS which may be made from time to time shall be made to the then owners of APARTMENTS in accordance with their percentage interest in COMMON SURPLUS as declared herein. B. The assessment levied against the owner of each APARTMENT, and the APARTMENT, shall be payable not less frequently than quarterly, or in such other installments as may be determined by the Board of Directors of ASSOCIATION. C. The Board of Directors of ASSOCIATION shall establish an Annual Budget in advance for each fiscal year which shall correspond to the calendar year, and such Budget shall project all expenses for the forthcoming year which may be required for the proper operation, management and maintenance of PLAYA del MAR CONDOMINIUM, including a reasonable allowance for contingencies and reserves, such Budget to take into account projected anticipated income which is to be applied in reduction of the amounts required to be collected as an assessment each year. Upon adoption of such Annual Budget by the Board of Directors of ASSOCIATION, copies of said Budget shall be delivered to each owner of an APARTMENT and the assessment for said year shall be established based upon such Budget, although the delivery of a copy of said Budget to each owner shall not affect the liability of any owner for such assessment. Should the Board of Directors, at any time determine, in the sole discretion of said Board of Directors, that the assessments levied are or may prove to be insufficient to pay the costs of operation and management of PLAYA del MAR CONDOMINIUM, or in the event of emergencies, said Board of Directors shall have the authority to levy such additional assessment or assessments as it shall deem to be necessary. D. The Board of Directors of ASSOCIATION, in establishing said Annual budget for operation, management and maintenance of the Project, may include therein a sum to be collected and maintained as a reserve fund for replacement of COMMON PROPERTY and LIMITED COMMON PROPERTY, which reserve fund shall be for the purpose of enabling ASSOCIATION to replace structural elements and mechanical equipment constituting a part of the COMMON PROPERTY and LIMITED COMMON PROPERTY, as well as the replacement of personal property which may constitute a portion of the COMMON PROPERTY held for the joint use and benefit of all of the owners of all APARTMENTS. The amount to be allocated to such Reserve Fund for Replacements shall be established by said Board of Directors so as to accrue and maintain at all times a sum reasonably necessary to anticipate the need for replacement of said COMMON PROPERTY and LIMITED COMMON PROPERTY. The amount collected and allocated to the Reserve Fund for Replacements shall be maintained in a separate account by ASSOCIATION, although nothing herein contained shall limit ASSOCIATION from applying any monies in such Reserve Fund for Replacements to meet other needs or requirements of ASSOCIATION in operating or managing the Project in the event of emergencies, or in the event that the sums collected from the owners of APARTMENTS are insufficient to meet the then fiscal financial requirements of ASSOCIATION, but it shall not be a requirement that these monies be used for such latter purposes, as a special assessment may be levied therefor if deemed to be preferable by the Board of Directors of ASSOCIATION in the sole discretion of said Board of Directors. E. The Board of Directors of ASSOCIATION, in establishing said Annual Budget for operation, management and maintenance of the Project, may include therein a sum to be collected and maintained as a general operating reserve which shall be used to provide a measure of financial stability during periods of special stress when such sums may be used to meet deficiencies from time to time existing as a result of delinquent payment of assessments by owners of APARTMENTS as a result of emergencies or for other reason placing financial stress upon the Corporation. The annual amount allocated to such operating reserve and collected therefor shall not exceed 5% of the current annual assessment levied against the owners of all APARTMENTS and their APARTMENTS. Upon accrual in said operating reserve of an amount equal to 25% of the current annual assessment, no further payments shall be collected from the owners of APARTMENTS as a contribution to such operating reserve, unless such operating reserve shall be reduced below said 25% level, in which event, contributions to such operating reserve shall be included in the annual assessment so as to restore said operating reserve to an amount which will equal 25% of the current annual amount of said assessment. F. All monies collected by ASSOCIATION shall be treated as the separate property of the said ASSOCIATION, and such monies may be applied by the said ASSOCIATION to the payment of any expense of operating and managing PLAYA del MAR CONDOMINIUM or to the proper undertaking of all acts and duties imposed upon it by virtue of this Declaration of Condominium and the Articles of Incorporation and By-Laws of said ASSOCIATION, and as the monies for any assessment are paid unto ASSOCIATION by an owner of an APARTMENT the same may be commingled with the monies paid to the said ASSOCIATION by the other owners of APARTMENTS. Although all funds and other assets of ASSOCIATION, and any increments thereto or profits derived therefrom, or from the leasing or use of COMMON PROPERTY, shall be held for the benefit of the members of ASSOCIATION, no member of said ASSOCIATION shall have the right to assign, hypothecate, pledge or in any manner transfer his membership interest therein, except as an appurtenance to his APARTMENT. When the owner of an APARTMENT shall cease to be a member of ASSOCIATION by reason of the divestment of his ownership of such APARTMENT, by whatever means, ASSOCIATION shall not be required to account to such owner for any share of the funds or assets of ASSOCIATION, which may have been paid to said ASSOCIATION by such owner, as all monies which any owner has paid to ASSOCIATION shall be and constitute an asset of said ASSOCIATION which may be used in the operation and management of PLAYA del MAR CONDOMINIUM. G. The payment of any assessment or installment thereof due to ASSOCIATION shall be in default if such assessment, or any installment thereof, is not paid unto ASSOCIATION on or before the due date for such payment. When in default, the delinquent assessment or delinquent installment thereof due to ASSOCIATION shall bear interest at the highest legal rate until such delinquent assessment or installment thereof, and all interest due thereon, has been paid in full to ASSOCIATION. The ASSOCIATION shall have the right to charge an administrative late fee in addition to interest, in an amount not to exceed the greater of Twenty-Five Dollars ($25.00) or five (5%) percent of the assessment for each delinquent installment that the payment is late. Any payment received by the ASSOCIATION shall be applied first to any interest accrued by the ASSOCIATION, then to any administrative late fee, then to any costs and reasonable attorney's fees incurred in collection, then to the delinquent assessment. (Amended December 7, 1990 OR BOOK 17972, PG 0180) H. The owner or owners of each APARTMENT shall be personally liable, jointly and severally, as the case may be, to ASSOCIATION for the payment of all assessments, regular or special, which may be levied by ASSOCIATION while such party or parties are owner or owners of an APARTMENT in PLAYA del MAR CONDOMINIUM. In the event that any owner or owners are in default in payment of any assessment or installment thereof owed to ASSOCIATION, such owner or owners of any APARTMENT shall be personally liable, jointly and severally, for interest on such delinquent assessment or installment thereof as above provided, and for all costs of collecting such assessment or installment thereof and interest thereon, including a reasonable attorney's fee, whether suit be brought or not. If suit is brought, "attorney's fees" shall include fees arising from any appellate procedures undertaken. I. No owner of an APARTMENT may exempt himself from liability for any assessment levied against such owner and the APARTMENT by waiver of the use of enjoyment of any of the COMMON PROPERTY, or by abandonment of the APARTMENT, or in any other manner, except as is herein provided, or as is otherwise provided by law. J. Recognizing that the necessity for providing proper operation and management of the Project entails the continuing payment of costs and expenses therefor, which results in benefit to all of the owners of APARTMENTS, and that the payment of such common expense represented by the assessments levied and collected by ASSOCIATION is necessary in order to preserve and protect the investment of the owner of each APARTMENT, ASSOCIATION is hereby granted a lien upon such APARTMENT and its appurtenant undivided interest in COMMON PROPERTY and, if applicable, upon any exclusive right to use a parking space constituting LIMITED COMMON PROPERTY which may be an appurtenance to any such APARTMENT. Said lien shall secure and does secure the monies due for all assessments now or hereafter levied against the owner of each APARTMENT; shall secure and does secure the monies due for all assessments now or hereafter levied against the owner of each APARTMENT; shall secure interest, if any, which may be due on the amount of any delinquent assessment owing to ASSOCIATION; and shall secure all costs and expenses, including a reasonable attorney's fee, which may be incurred by ASSOCIATION in enforcing this lien upon said APARTMENT and its appurtenant undivided interest in the COMMON PROPERTY and LIMITED COMMON PROPERTY. The lien granted to ASSOCIATION may be foreclosed in the same manner as real estate mortgages may be foreclosed in the State of Florida, and in any suit for the foreclosure of said lien, the ASSOCIATION shall be entitled to rental from the owner of any APARTMENT from the date on which the payment of any assessment or installment thereof became delinquent and shall be entitled to the appointment of a Receiver for said APARTMENT, without notice to the owner of such APARTMENT. The rental required to be paid shall be equal to the rental charged on comparable type of Dwelling Units in Fort Lauderdale, Florida. The lien granted to the ASSOCIATION shall further secure such advances for taxes, and payments on account of superior mortgages, liens or encumbrances which may be required to be advanced by the ASSOCIATION in order to preserve and protect its lien, and the ASSOCIATION shall further be entitled to interest at the highest legal rate on any such advances made for such purposes. All persons, firms or corporations who shall acquire, by whatever means, any interest in the ownership of any APARTMENT, or who may be given or acquire a mortgage, lien or other encumbrance thereon, is hereby placed on notice of the lien granted to ASSOCIATION, and shall acquire such interest in any APARTMENT expressly subject to such lien. K. The lien herein granted unto ASSOCIATION shall be effective from and after the time of recording in the Public Records of Broward County, Florida, a claim of lien stating the description of the APARTMENT encumbered thereby, the name of the record owner, the amount due and the date when due, and the lien shall continue in effect until all sums secured by said lien, as herein provided, shall have been fully paid. Such claims of lien shall include only assessments which are due and payable when the claim of lien is recorded, plus interest, costs, attorney's fees, advances to pay taxes and prior encumbrances and interest thereon, all as above provided. Such claim of lien shall be signed and verified by an officer or agent of the ASSOCIATION. Upon full payment of all sums secured by such claim of lien, the same shall any other lien recorded prior to the time of recording of the ASSOCIATION's claim of lien, except that the lien of the ASSOCIATION for Tax or Special Assessment advances made by ASSOCIATION where any taxing authority having jurisdiction levies any Tax or Special Assessment against PLAYA del MAR CONDOMINIUM as an entirety instead of levying the same against each APARTMENT and its appurtenant undivided interest in COMMON PROPERTY, shall be prior in lien right and dignity to the lien of all mortgages, liens and encumbrances, whether or not recorded prior to the ASSOCIATION's claim of lien therefor, and the ASSOCIATION's claim of lien for collection of such portion of any Tax or Special Assessment shall specifically designate that the same secures an assessment levied pursuant to Article XXIV of this Declaration of Condominium. In the event that any first institutional mortgagee, or the Declarer in the event it is a mortgagee, acquires title to any APARTMENT and its appurtenant undivided interest in COMMON PROPERTY by virtue of any foreclosure, judicial sale or voluntary conveyance in lieu of foreclosure by the mortgagor, said mortgagees so acquiring title shall only be liable and obligated for assessments accruing and becoming due after said mortgagees acquire said APARTMENT, except such mortgagees shall acquire such title and hold said title subject to the lien of any assessment by the ASSOCIATION representing an apportionment of Taxes or Special Assessments levied by taxing authorities against PLAYA del MAR CONDOMINIUM in its entirety if said Special Assessment has been recorded in the Public Records of Broward County, Florida. L. Whenever any APARTMENT may be leased, sold or mortgaged by the owner thereof, which lease or sale shall be concluded only upon compliance with other provisions of this Declaration of Condominium, ASSOCIATION, upon written request of the owner of such APARTMENT, shall furnish to the proposed lessee, purchaser or mortgagee, a statement verifying the status of payment of any assessment which shall be due and payable to ASSOCIATION by the owner of such APARTMENT. Such statement shall be executed by an officer of the ASSOCIATION and any lessee, purchaser or mortgagee may rely upon such statement in concluding the proposed lease, purchase or mortgage transaction, and ASSOCIATION shall be bound by such statement. In the event that an APARTMENT is to be leased, sold or mortgaged at the time when payment of any assessment against the owner of said APARTMENT is due to the ASSOCIATION and a claim of lien for said unpaid assessment has been recorded in the Public Records of Broward County, Florida, by the ASSOCIATION, then the rent proceeds, purchase proceeds or mortgage proceeds shall be applied by the lessee, purchaser, or mortgagee first to payment of any then delinquent assessment, or installments thereof due to ASSOCIATION before the payment of any rent, proceeds of purchase or mortgage proceeds to the owner of any APARTMENT who is responsible for payment of such delinquent assessment. M. In any voluntary conveyance of an APARTMENT, except as hereinabove provided, the Grantee shall be jointly and severally liable with the Grantor for all unpaid assessments against Grantor made prior to the time of such voluntary conveyance, without prejudice to the rights of the Grantee to recover from the Grantor the amounts paid by the Grantee therefor. Institution of a suit at law to attempt to effect collection of the payment of any delinquent assessment shall not be deemed to be an election by ASSOCIATION which shall prevent its thereafter seeking enforcement of the collection by foreclosure of any sums remaining owing to it, nor shall proceeding by foreclosure to attempt to effect such collection be deemed to be an election precluding the institution of suit at law to attempt to effect collection of any sum then remaining owing to it. Back to Declaration of Condominium INDEX RIGHT OF ASSOCIATION TO APPROVE ANY TRANSFER OF APARTMENT In order to maintain a community of congenial residents who are financially responsible and thus protect the value of the APARTMENTS, the transfer of an APARTMENT by any owner other than the Declarer shall be subject to the following provisions as long as the CONDOMINIUM exists and the APARTMENT building in useful condition exists upon the land, which provisions each APARTMENT owner covenants to observe: A. No APARTMENT owner may dispose of an APARTMENT or any interest in an APARTMENT by sale or lease without approval of the ASSOCIATION except to an APARTMENT owner. Lessees are not granted the right to sublease or assign. If any APARTMENT owner shall acquire his title by gift, devise or inheritance, the continuance of this ownership of his APARTMENT shall be subject to the approval of the ASSOCIATION. If any APARTMENT owner shall acquire his title by any manner not considered above, the continuance of his ownership of his APARTMENT likewise shall be subject to the approval of the ASSOCIATION. B. No owner of an APARTMENT shall be permitted to enter into a lease of their APARTMENT during the first twelve (12) months of ownership. The approval of the ASSOCIATION that is required for the transfer of ownership of APARTMENTS shall be obtained in the following manner, all notices required hereunder shall be in writing delivered to the President or Secretary of ASSOCIATION by registered or certified mail to the office of ASSOCIATION: (Amended March 23, 1988 OR BOOK 15288, PG 418) 1) An APARTMENT owner intending to make a bona fide sale or lease
of his APARTMENT or any interest in it shall give to the ASSOCIATION
notice of such intention, together with the name and address of
the intended purchaser or lessee as the ASSOCIATION may reasonably
require. The APARTMENT owner shall provide the ASSOCIATION with
a copy of the completed Purchase Contract/or Lease Agreement accompanied
with a payment by check in an amount of $50 as clearance fee. Such
notice of the APARTMENT owner's option may include a demand by the
APARTMENT owner that the ASSOCIATION furnish a purchaser or lessee
of the APARTMENT if the proposed purchaser or lessee is not approved
unless such approval is not unreasonably withheld; and if such demand
is made, the notice shall be accompanied by an executed copy of
the proposed contract to sell or lease. Each new lessee shall be required to provide the ASSOCIATION
with a security deposit in the amount equal to one month's rent
as an attachment to the Lease Agreement, which deposit shall be
returned to Lessee within 15 days after Lessee vacates the APARTMENT,
less any costs or expense incurred by the ASSOCIATION for damage
to COMMON PROPERTY attributed to Lessee, as set forth in writing
within said 15-day period. 2) An APARTMENT owner who has obtained his title by gift, devise or inheritance, or by any other manner not previously considered, shall give to the ASSOCIATION notice of the acquiring of his title, together with such information concerning the APARTMENT owner as the ASSOCIATION may reasonably require, and a certified copy of the instrument evidencing the owner's title. 3) If the above-required notice to the ASSOCIATION is not given, then at any time after receiving knowledge of a transaction or event transferring ownership or possession of an APARTMENT, the ASSOCIATION at its election and without notice may approve or disapprove the transaction or ownership. If the ASSOCIATION disapproves the transaction or ownership, the ASSOCIATION shall proceed as if it had received the required notice on the date of such disapproval. C. Certificate of approval from ASSOCIATION is required. 1) If the proposed transaction is a sale or lease, then within fifteen (15) days after receipt of such notice and information the ASSOCIATION must either approve or disapprove the proposed transaction. If approved, the approval shall be stated in a certificate executed by the President and Secretary of the ASSOCIATION, which shall be recorded in the Public Records of Broward County, Florida, at the expense of the purchaser. 2) If the APARTMENT owner giving notice has acquired his title by gift, devise or inheritance or in any other manner not considered above, then within fifteen (15) days after receipt of such notice and information the ASSOCIATION must either approve or disapprove the continuance of the APARTMENT owner's ownership of his APARTMENT. If approved, the approval shall be stated in a certificate executed by the President and Secretary of the ASSOCIATION, which shall be recorded in the Public Records of Broward County, at the expense of the APARTMENT owner. D. Inasmuch as the condominium may be used only for residential purposes and a corporation cannot occupy an APARTMENT for such use, if the APARTMENT owner or purchaser of an APARTMENT is a corporation, the approval of ownership by the corporation may be conditioned by requiring that all persons occupying the APARTMENT be approved by the ASSOCIATION. E. If the ASSOCIATION shall disapprove a transfer of ownership
of an APARTMENT for any reason other than prescribed herein, the
matter shall be disposed in the following manner: 1) If the proposed transaction is a sale and if the notice of sale given by the APARTMENT owner shall so demand, then within fifteen (15) days after receipt of such notice and information, the ASSOCIATION shall deliver or mail by Certified or Registered mail to the APARTMENT owner, notice of its election to first obtain another purchaser. Within forty-five (45) days from the date of the notice of election to first obtain another purchaser, the ASSOCIATION shall deliver or mail by Certified or Registered mail to the APARTMENT owner, an agreement to purchase the APARTMENT concerned by a purchaser approved by the ASSOCIATION who will purchase the APARTMENT and to whom the APARTMENT owner must sell the APARTMENT upon the following terms: (Amended April 4, 1987 OR BOOK 14317, PAGE 302) (a) At the opt ion of the purchaser to be stated in the agreement, the price to be paid shall be that stated in the disapproved contract to sell or shall be the fair market value determined by arbitration in accordance with the then existing rules of the American Arbitration Association, except that the arbitrators shall be two appraisers appointed by the American Arbitration Association who shall base their determination upon an average of their appraisals of the APARTMENT; and a judgment of specific performance of the sale upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The expense of the arbitration shall be paid by the purchaser. (b) The purchase price shall be paid in cash. (c) The sale shall be closed within thirty (30) days after the delivery or mailing of the agreement to purchase, or within ten (10) days after the determination of the sale price if such is by arbitration, whichever is the later. (d) A certificate of the ASSOCIATION executed by its President and Secretary and approving the purchaser shall be recorded in the Public Records of Broward County, Florida, at the expense of the purchaser. (e) If the ASSOCIATION shall fail to provide a purchaser upon the demand of the APARTMENT owner in the manner provided, or if a purchaser furnished by the ASSOCIATION shall default in his agreement to purchase, then notwithstanding the disapproval, the proposed transaction shall be deemed to have been approved and the ASSOCIATION shall furnish a certificate of approval as elsewhere provided, which shall be recorded in the Public Records of Broward County, Florida, at the expense of the purchaser. 2) If the proposed transaction is a lease and if the notice of lease given by the APARTMENT owner shall so demand, then within fifteen (15) days after receipt of such notice and information the ASSOCIATION shall deliver or mail by certified or registered mail to the APARTMENT owner notice of its election to first obtain another lessee. Within fifteen (15) days from the date of the notice of election to obtain another lessee, the ASSOCIATION shall deliver or mail by certified or registered mail to the APARTMENT owner notice of its election to first obtain another lessee. Within fifteen (15) days from the date of the notice of election to obtain another lessee, the ASSOCIATION shall deliver or mail by certified or registered mail to the APARTMENT owner, an agreement to lease the APARTMENT concerned by a lessee approved by the ASSOCIATION who will lease the APARTMENT and to whom the APARTMENT owner must lease the APARTMENT upon the same terms and conditions of the disapproved lease, provided that the terms and conditions of the disapproved lease comply in all respects with the rules and regulations governing the leasing of APARTMENTS by owners as established by ASSOCIATION. 3) If the APARTMENT owner giving notice has acquired his title by gift, devise or inheritance, or in any other manner, then within thirty (30) days after receipt from the APARTMENT owner of the notice and information required to be furnished, the ASSOCIATION shall deliver or mail by certified or registered mail to the APARTMENT owner an agreement to purchase the APARTMENT concerned by a purchaser approved by the ASSOCIATION who will purchase and to whom the APARTMENT owner must sell the APARTMENT upon the following terms: (a) The sale price shall be the fair market value determined by agreement between the seller and purchaser within thirty (30) days from the delivery or mailing of such agreement. In the absence of agreement as to price, the price shall be determined by arbitration in accordance with the then existing rules of the American Arbitration Association, except that the arbitrators shall be two appraisers appointed by the American Arbitration Association who shall base their determination upon an average of their appraisals of the APARTMENT; and a judgment of specific performance of the sale upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The expense of the arbitration shall be paid by the purchaser. (b) The purchase price shall be paid in cash. (c) The sale shall be closed within ten (10) days following the determination of the sale price. (d) A certificate of the ASSOCIATION executed by its President and Secretary and approving the purchaser shall be recorded in the Public Records of Broward County, Florida, at the expense of the purchaser. (e) If the ASSOCIATION shall fail to provide a purchaser as required by this instrument, or if a purchaser furnished by the ASSOCIATION shall default in his agreement to purchase, then notwithstanding the disapproval, such ownership shall be deemed to have been approved, and the ASSOCIATION shall furnish a certificate of approval as elsewhere provided, which shall be recorded in the Public Records of Broward County, Florida, at the expense of the APARTMENT owner. F. No APARTMENT owner may mortgage his APARTMENT nor any interest in it without the approval of the ASSOCIATION except to a bank, life insurance company or a savings and loan association, or to a vendor to secure a portion or all of the purchase price. The approval of any other mortgagee may be upon conditions determined by the ASSOCIATION or may be arbitrarily withheld. G. The right to obtain another purchaser or lessee granted to ASSOCIATION shall not apply or be operative to any foreclosure or other judicial sale of an APARTMENT; to the acceptance of a deed in lieu of foreclosure; or to the title of any purchaser from a foreclosure sale pursuant to a foreclosure by the institutional mortgagee, or to the title of any purchaser derived directly from the institutional mortgagee, however, the title of the purchaser at any other foreclosure or judicial sale shall thereafter be subject to the right of the ASSOCIATION to obtain another purchaser or lessee as herein provided on any subsequent lease or sale of such APARTMENT. Back to Declaration of Condominium INDEX TERMINATION Notwithstanding anything to the contrary contained in Article XXIII
hereof, in the event of fire or other casualty or disaster which
shall totally demolish the PLAYA del MAR CONDOMINIUM building, or
which shall so destroy said PLAYA del MAR CONDOMINIUM building as
to require more than two-thirds (2/3) of said building, as determined
by the Board of Directors of ASSOCIATION, to be reconstructed, then
this Declaration of Condominium and the Plan of Condominium Ownership
established herein shall terminate, unless; Except as hereinbefore provided, this Declaration of Condominium and Plan of Condominium Ownership may be terminated only by the unanimous consent of all owners of all APARTMENTS and all of the parties holding mortgages, liens or other encumbrances against any of the said APARTMENTS, in which event, the termination of PLAYA del MAR CONDOMINIUM shall be by such plan as may be then adopted by said owners and parties holding any mortgages, liens or other encumbrances. Such election to terminate this Declaration of Condominium and Plan of Condominium Ownership shall be executed in writing by all of the aforenamed parties, and such instrument or instruments shall be recorded in the Public Records of Broward County, Florida. In the event of the termination of PLAYA del MAR CONDOMINIUM as above provided any exclusive right to use a parking space constituting LIMITED COMMON PROPERTY and which may be an appurtenance to any APARTMENT shall be automatically canceled and terminated, and all LIMITED COMMON PROPERTY shall be treated in the same manner as though the same constituted a portion of COMMON PROPERTY as to which no exclusive rights to use the same for parking purposes ever existed. Back to Declaration of Condominium INDEX AMENDMENT OF DECLARATION OF CONDOMINIUM Amendments to this Declaration of Condominium may be proposed by
the Board of Directors of ASSOCIATION acting upon a vote of the
majority of the Directors, or by the members of ASSOCIATION owning
a majority of the APARTMENTS in PLAYA del MAR CONDOMINIUM, whether
meeting as members or by instrument in writing signed by them. Upon
any amendment to this Declaration of Condominium being proposed
by said Board of Directors or members, such proposed amendment shall
be transmitted to the President of ASSOCIATION or other officer
of ASSOCIATION in the absence of the President, who shall thereupon
call a Special Meeting of the Members of ASSOCIATION for a date
not sooner than twenty (20) days nor later than sixty (60) days
from receipt by him of the proposed amendment, and it shall be the
duty of the Secretary to give to each member written notice of such
Special Meeting, stating the time and place thereof, and reciting
the proposed amendment in reasonably detailed form, which notice
shall be mailed not less than ten (10) days nor more than thirty
(30) days before the date set for such Special Meeting. If mailed,
such notice shall be deemed to be properly given when deposited
in the United States mail addressed to the member at his Post Office
address as it appears on the records of ASSOCIATION, the postage
thereon prepaid. Any member may, by written waiver of notice signed
by such member, waive such notice, and such waiver, when filed in
the records of ASSOCIATION, whether before or after the holding
of the meeting, shall be deemed equivalent to the giving of such
notice to such member. At such meeting the amendment or amendments
proposed must be approved by an affirmative vote of seventy (70%)
percent of the members present and voting, either in person or by
proxy, in order for such amendment to become effective. Thereupon,
such amendment of this Declaration of Condominium shall be transcribed
and certified by the President and Secretary of ASSOCIATION as having
been duly adopted, and the original or an executed copy of such
amendment so certified and executed with the same formalities as
a Deed shall be recorded in the Public Records of Broward County,
Florida, within ten (10) days from the date on which the same became
effective, such amendment to specifically refer to the recording
data identifying the Declaration of Condominium. Thereafter, a copy
of said amendment in the form in which the same were placed of record
by the officers of ASSOCIATION shall be delivered to all the owners
of all APARTMENTS, but delivery of a copy thereof shall not be a
condition precedent to the effectiveness of such amendment. At any
meeting held to consider such amendment, the written vote of any
member of ASSOCIATION shall be recognized if such member is not
in attendance at such meeting or represented thereat by proxy, provided
such written vote is delivered to the Secretary of ASSOCIATION at
or prior to such meeting. Provided, however, that no amendment shall alter the percentage of ownership in COMMON PROPERTY appurtenant to each APARTMENT, nor shall such amendment alter the basis for apportionment of assessments which may be levied by ASSOCIATION in accordance with the provisions hereof, unless all owners of all APARTMENTS and their respective mortgagees consent thereto. Back to Declaration of Condominium INDEX COMPLIANCE AND DEFAULT The owner or owners of each APARTMENT shall be governed by and shall comply with the provisions of this Declaration of Condominium, the Articles of Incorporation and the By-Laws of ASSOCIATION, as any of the same are now constituted or as they may be amended from time to time. A default by the owner or owners of any APARTMENT shall entitle ASSOCIATION or the owner or owners of other APARTMENT or APARTMENTS to the following relief: A. Failure to comply with any of the terms of this Declaration of Condominium, the Articles of Incorporation or By-Laws of ASSOCIATION, and the Regulations adopted pursuant to those documents, and all of such as they may be amended. from time to time, shall be grounds for relief which may include, without intending to limit the same, action to recover sums due for damages, injunctive relief, foreclosure of lien, or any combination thereof, which relief may be sought by ASSOCIATION or, if appropriate, by an aggrieved owner of an APARTMENT. B. The owner or owners of each APARTMENT shall be liable for the expense of any maintenance, repair or replacement rendered necessary by his act, neglect or carelessness, or by that of any member of his family, or his or their guests, employees, agents or lessees, but only to the extent that such expense is not met by the proceeds of insurance carried by ASSOCIATION. Such liability shall include any increase in fire insurance rates occasioned by use, misuse, occupancy or abandonment of an APARTMENT or its appurtenances. Nothing herein contained, however, shall be construed so as to modify any waiver by insurance companies of rights of subrogation. C. In any judicial proceeding arising because of an alleged default by the owner of any APARTMENT, the ASSOCIATION, if successful, shall be entitled to recover the costs of the proceedings, and such reasonable attorney's fees as may be determined by the Court, but in no event shall the owner of any APARTMENT be entitled to such attorney's fees. D. The failure of ASSOCIATION or of the owner of an APARTMENT to enforce any right, provision, covenant or condition which may be granted by this Declaration of Condominium or other above-mentioned documents shall not constitute a waiver of the right of ASSOCIATION or of the owner of an APARTMENT to enforce such right, provision, covenant, or condition in the future. E. All rights, remedies and privileges granted to ASSOCIATION or the owner or owners of an APARTMENT pursuant to any terms, provisions, covenants or conditions of this Declaration of Condominium or other above-mentioned documents, shall be deemed to be cumulative, and the exercise of any one or more shall not be deemed to constitute an election of remedies, nor shall it preclude the party thus exercising the same from exercising such other and additional rights, remedies, or privileges as may be available to such party at law or in equity. F. The failure of the ASSOCIATION to enforce any right, privilege, covenant or condition which may be granted to it by this Declaration of Condominium or other above-mentioned document shall not constitute a waiver of the right of either of said parties to thereafter enforce such right, provision, covenant, or condition in the future. (Amended April 4, 1987 OR BOOK 14317, PAGE 302) Back to Declaration of Condominium INDEX USE OR ACQUISITION OF INTEREST IN PLAYA del
MAR CONDOMINIUM, All present or future owners, tenants, or any other person who might use the facilities of PLAYA del MAR CONDOMINIUM in any manner, are subject to the provisions of this Declaration of Condominium, and the mere acquisition or rental of any APARTMENT, or the mere act of occupancy of any APARTMENT, shall signify that the provisions of this Declaration of Condominium are accepted and ratified in all respects. Back to Declaration of Condominium INDEX SEVERABILITY In the event that any of the terms, provisions or covenants of this Declaration of Condominium are held to be partially or wholly invalid or unenforceable for any reason whatsoever, such holding shall not affect, alter, modify or impair in any manner whatsoever any of the other terms, provisions or covenants hereof or the remaining portions of any terms, provisions or covenants held to be partially invalid or unenforceable. Back to Declaration of Condominium INDEX LIBERAL CONSTRUCTION The provisions of this Declaration of Condominium shall be liberally construed to effectuate its purpose of creating a uniform plan of Condominium Ownership. Back to Declaration of Condominium INDEX DECLARATION OF CONDOMINIUM BINDING UPON DECLARER, The restrictions and burdens imposed by the covenants of this Declaration of Condominium are intended to and shall constitute covenants running with the land, and shall constitute an equitable servitude upon each APARTMENT and its appurtenant undivided interest in COMMON PROPERTY and LIMITED COMMON PROPERTY, and this Declaration of Condominium shall be binding upon all owners and parties whom may subsequently become owners of APARTMENTS in PLAYA del MAR CONDOMINIUM, and their respective heirs, legal representatives, successors and assigns. (Amended April 4, 1987 OR BOOK 14317, PAGE 302) IN WITNESS WHEREOF, CORAL RIDGE PROPERTIES, INC., has caused these presents to be executed in its name by its President and Assistant Secretary, and its corporate seal to be affixed, this 8th day of April, 1975, at Coral Springs, Broward County, Florida. Signed, sealed and delivered CORAL RIDGE PROPERTIES, INC. (SEAL)
Back to Declaration of Condominium INDEX
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