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HomeMy WebLinkAbout2616 the said Contractor ahall proceaa appllcationa for the aale, tranafer or leaae of coridominium apartment units, acreen the proposed purchaaer, tranaPex~e or leasee, and prepare the in~trumenta called Por by the Declar- ation of Condominium to be aupplied by the Asaociation in the event of approval of auch application, provided, hoMever, the proviaions of thia paragraph ahall not apply to, and there ahall be no screening fee payable in conr~ection rrith, ~he Ieaae or sale of a condominium apartment unit by the Developer, nor ~ith the lease or sale of a condominium apartment by an institutional lender Mhich has aaquired auch apartment by foreclosure _ or by tranafer in lieu oP foreclosure proceedinga, or a sale or leaae ot an apartment'by the condominium associ- ation. (e) F~ilure to give notice. If notice to the Aasociation ; as hereina ve requ re a no~ given, then at any time after receiving knoMledge of a transaction or event tranaferring oMnership of an apartment, the Aseociation, at ita election and _ Nithout notice, may approv~e or diaapprove the tranaaction. If the Aasociation disapprovea the tranaaction, the Association shall proceed as if it had receiv~ed the required notice on the date oP disapproval. Any sale, mortgage or leaae Mhich is not suthorized purauant to the terms and provisions of this Declaration shall be void unless subaequent ~r approved in rrriting by ~he Aasociation. 13.3 Diaa roval b Aasociation. If the Association shall ' disapprove a rans er o or~mera p o an apartment, the matter ; shall be disposed in the follo~?ing ~anner: ~ (a) Sale. If the proposed transaction is a sale and - if the notice of sale given by the apartment arrner ahall so demand, then Kithin thirty (30) days aPte r receipt of such notice ar~d information the Association ahall deliver or mail by regiatered mail to tha ap~rtment aMner an agree~nent to purchase the apartment signed by a purchaser approved bq the Association, or an agreement to purchase aigned in behalf oP the Association by its President and atteated by ita : Secretary, in rrhich event the apartment owrier sha12 sell the i apartment to the named purchaser at the price and upon the terms stated in the disapp~ved contract to sell, excepting - that at the option of the named purchaser the purchase price may be paid in cash at closing. i , (1) The sale shall be closed within thirty (30} ~ days after delivery or mailing of the agreement to pur- chase, or upon the date designated in the disapproved ~ contract, xhichever date shall be later. ) F~ certificate of the Association executed by any of its oPPicers in recordable form shall be deliv- ~ ered to the purchaser. (3) IP the Aasociation shall fail to pu~cha~e or_ provide a purchaser upon demand of the apa:tment oxner in the manrier provided, or if the purchaser 2~irnished by the Association shall default in his agreement to ~ purchase, the proposed transaction shall be deemed to ~ have been approv~ed, and the Association ahall h~rnish ; a certiPicate of approval as elae~vhere provided, in re- cordable form. (b) Lease. If the proposed transaction is a lease, the apartmen~ o~vner ahall be advised of the disapproval in r+riting, atx3 the lease ahall not be made. ` ~ ~ ~ . i S -1~- r~p~ 193 2613 L4W OFFICES OF GOLOSTEIN. FRANKLIN. CHON~N 9 SCHHANK. P A. 7020 NORTHEAST 163~r STREET. NORTH MiAMI BEACH. FLORIDA 33162 ~ - ~ -