HomeMy WebLinkAbout0787 the apartment owner shall receive knowledge or notice thereof.
~ (c) Failure to com 1. Failure to comply with this
sub-section concerning .iens will not affect the validity
of any judicial sale. ~
13.9 Whenever in this section an approval is required of the
Association in connection with the sale, transferring, leasing or
pledging of any apartment, and such approval shall not have been -
obtained pursuant to the provisions hereof, failure upon the part
of the Association to object in writing to such sale, transfer,
pledging or leasing within ninety (90) days after the date thereof,
or within thirty (30) 8ays of the date upon which the purchaser,
transferee or lessee shall take possession of the preanises, which-
ever date shall be later, shall constitute waiver by the Associa-
tion of the written consent oth~rwise required by this section.
14. Purchase of apartments by Association. The Association shall have
the power to purchase apar~nents su jec to e foZlowing provisions:
14.1 Decision. The decision of the Association to purchase
an apartment
s~a-1T be made by its directors, without the necessity
of approval by its membership except as is hereinafter expressly
provided for.
14.2 Limitation. If at any time the Association shall be the
owner or agree~purchaser of five or more apartments, it may not
purchase any additional apartments without the prior written approval
of seventy-five percent (75$~ of the members eligilale to vote. A
member whose apartrnent is the subject matter of the proposed pur-
chase shall be ineligible to vote thereon, provided, however, that
the limitations hereof sha.ll not apply to apartments to be purchased
at public sale resulting from a foreclosure of the Association's
lien for delinquent assessments where the bid of the Association
does not exceed the aggregate of the amounts due by virtue of any
and ail senior-or-superior liens-against the apartment ~lus.the
amount due the Association, nor shall the limitation of this para-
graph apply to apartments to be acquired by the Asso~iation in lieu
of foreclosure of such liens if the consideration therefor daes
not exceed the cancellation of such lien.
15. Rights of Developer. Not~rithstanding anything herein
to the contrary, e Developer shall have the right of first
refusal to purchase any apartment unit which the Association
shall have the right to purchase upon the same price and at the same
terms availaUle to the Association, such right of first refusal to
continue until such time as the Developer shall have completed,
sold and closed on the sale of all apartments in the Condominium,
or until two years after the recordation of this Declaration, which-
ever shall first occur.
--16. Cam liance and default. Each apartment owner shall be :
governed by an s a comp y wit the terms of the Declaration of
Condominium, Articles of Incorporation and By-Laws and the Requla-
tions adopted pursuant to those documents, and all of such as they
may be amended from time to tine. Failure of an apartment owner
to comply with such documents and regulations shall entitle the
Association or other apartment owners to the following relief in
addition to the remedies provided by the Condominium Act:
16.I Ne li ence. An apartment owner sha1Z be Ziable
for the expense o any main~enance, repair or re.placement
rendered necessary by his negligence or by that of any
member of his family or his or their guests, employees,
agents or lessees, but only to th,e extent that such expense
is not met by the proceeds of insurance carried by th.e
Association. An apartment ohrner shall pay the Associatior~
the amount of any increase in its insurance premiums occasioned
by use, misuse, occupancy or a6andonment of an apartment or
its appurtenances, or of the common elements, by the apart-
ment owner.
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LAW OPFIGES OF GOL057EIN, FRANKLIN, CM7NlN Q SGHRANK. P. A., 2020 NORTHEAS7 163~eD STREET, NORTH M)AMI BEACH, FLORIDA 33i62
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