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HomeMy WebLinkAbout2618 ecution sale, foreclosure sale, ~udicial sale or taa aal~. Neither ; ahall auch provisions apply to the Developer, or any peraon aho ia ~ an officer, stockholder -or director of the Deve~oper, or to ar~y corporation having some or all of ita dlrectora, oPPicers or atock- holdara in common Mith the Developer, and any such peraon or corpo- ration shall have the right to Preely sell, lease, transfer or oth- ~ ertrise deal ~?ith the title and poaseasion of an apartment unit ' Mithout complying Mith the provisions of this section, arxi without the approval of the Association. ~ ~ 13.6 Unauthorized tranaactio~s. Any sale, nartgage or lease ? not authorize pursuan o e er.ns of thia Declaration shall -be ~ void unless subaequently appmved by the Association. 13.7 Recordi approval. Whenever in this section an appro- val in reco a e orm s required of the Asaociation in connection Nith the sale, transfer or pledging of an apartment, it is under- stood and agreed that the said approval sinall not be recorded ea- cept at the same time and sinailtaneous~y Nith ~he recording of the D~ed or mortgage, as appropriate. 13.8 Notice oP lien or suit. {a~ An apartment oxner shall give notice, in r~riting, to the Association of every lien upon his apnrtment other than for authorized mortgages, taxes and special assesaments xithin five (S) days after the attachirg of the lien. (b) Notice of suit. An ap~rtment oNner shall give no- tice, in w.r ng, o e Association of every suit or other proceeding Nhich may affect the title to his apartment, such no-~ tice to be givenr~rithin Pive days after the apartment ; oNner shall receive 1mo~Tedge or notice thereof. ~ (c) Failure to compl~r. Failure to comply Mith this sub-section concer ng 13eris Nill not affect the validity of any ~udicial aale. ~ _ 13.9 Whenever in this section an approval is required oP the ' Association in. conrisction rrith the sale, transferring, leasing or ~ ~pledging oP ar~y agartment, and such approval shall not have be en ~ - obtained pursuant to the provisions hereof, failure upon the part ` of the Association to ob~ect in ~riting to such sale, transfe r, ; pledging or leasing Mithin ninety (90) days after the date thereof, ~ or within thirty (30) days oP the date upon Mhich the purchaser, j transferee or lessee ahall take posaesaion of the p~emises, Nhich- ~ ever date shall be later, shall constitute xaiver by the Associ- ~ ation of the xritten consent other~rise required by this section. ; ~ , 14. Purcha.se of apartments b Aasociation. The Association shall ; _ have the por~er Q pure se apar men a su ec o the follo~ing provis~ons : _ 14.1 Deciaion. The"decision oP the Association to purchase an apartmen s a -be made by its directors, Mithout the r~ceasity oP approval by ita membership eacept as is hereinafter expressly provided for. i e 14.2 Limitationo If at any time the Association ahall be ~ the ow-ner or agre ~urchaser oP five or more apartments, it may ; not purchase any additional a artments Nithout th@ prior' r?ritten approval of seventy-five (75~~ of the members eligible to vote. A member Mhose apartment is the sub~ect matter of the rropoaed pur- chase shall be ineligible to vote thereon, provided, hoNever, thnt ` the limitations hereof shall not apply to apartments to be purchased ' at public sale reaultir,g Prom a foreclosure of the Association'a lien for d elinquent asaessments where the bid of the Association , does not exceed the aggregate of the ~mounts due by virtue of ar~qr ' ~ ~ _~9- g~~~.193 2615 ~ L~'N OFFIGSS OF GOlO5TE1N FRANKUN, CNONIN Q SCHVANX. P A. 2020 NOHTNEAST 1fS3u.~~ STREET NOR1H M~AMI BEACH. FLORIDA 33182