HomeMy WebLinkAbout0784 (2) Lease. If the proposed transaction is
a lease, t
eF~i'n within thirty (30) days after receipt
of such notice and information the Association must
either approve or disapprove the proposed trans-
action. If approved, the approval shall be stated
in a certificate executed by any officer of the
Association, in non-recordable form.
(3) Gift, devise or inh~ritance; other transfers.
If the apartment awner giving notice has acquired
his title by gift, d~vise or inheritance or in any .
other manner, then within thirty (30) days after re- `
ceipt 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 cer-
tificate executed by any officer of the Association
in recordab~P fn~m,
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(c) Approval of corporate awner or purchaser. 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, purchaser or lessee of an apartment is a
corporation, the approval of ownership or lease by the corp-
oration, may be conditioned by requiring that all persons
occupying the apartment be approved by the Association.
(d) Screenin Fees. The Association shall require the
deposit of a reasona.. ~~~r~ering fee simultaneously with the
giving o£ notice of intention to sell or lease, or of transfer _
by gift, devise or inheritance, for the purpose of defraying
the Association's expenses and providing for the time involved
in determining whether to approve or disapprnve the trans-
action or continued ownership by a transferee, said screening
fee to be a sum equal to one (1) percent of the sales price of a
condaminium apartment unit being sold, or two (2$) percent of
the annual rental in the event of a lease of a condominium unit,
provided, that the minimum screening fee shall not be less than
one hundred ($100.00) dollars, and the maximum fee shall not
' exceed one hundred~fifty ($150.00) dollars in connection with ,
; the rental of a condominium unit, and said fee shall be in the ~
; sum of one hundred ($100.00) dollars in the event of transfer
~ by gift, devise, or inheritance. The Association has contracted
~ to pay over the said screening fee to the Contractor under the
~ terms and provisions of a management contract, whereby the said
~ Contractor shall process applications for the sale, transfer or
lease of condominium apartment units, screen the proposed pur-
~ chaser, transferee or lessee, and prepare the instruments called
for by the Declaration of Condominium to be supplied by the Asso-
ciation in the event of approval of such application, provided,
however, the prov~.s~ons of this paraqraph shall not_apply_tq, and ~
there shall be no screening fee payable in connection with, the
lease or sale of a condominium apartment unit by the Developer,
nor with the lease or sale of a condominium apartment by an in-
stitutional lender which has acquired such apartment by foreclosure
~ or by transfer in lieu of foreclosure proceedings, or a sale or
~ lease of an apartment by the Condominium Association.
~ (e) Failure to ive notice. If notice to the
Association as erein ove required is not given, then at
any time af ter receiving knowledge of a transaction or event
~ transferring awnership of an apartment, the Association, at its
~ election and without notice, may approve or disapprove the
transaction. If the Association disapproves the transaction,
~ the Association shall proceed as if it had received the
~ required notice on the date of such disapproval. Any sale,
~ mortgage or lease which is not authorized pursuant to the
terms and provisions of this Declaration shall be void unless
subsequently approved in writing by the Association.
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LAW OFFICES OF GOLDSTEIN, FRANKLIN. GHONIN ~ SCHRANK. P. A.. 2020 NORTHEAST 163r+o STREET, NORTH MIAMI BEACH. FLORIOA 33162
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