HomeMy WebLinkAbout0175 provided no such change shall be made without amerximent ~
oP this Declaration, arxi provided, further, tha.t an amend- }
ment for such purpose need be signed and acl~owledged only ~
by the Developer and approved by the inatitutional mort-
gagee of apartments affected, where the said apartments
are encumbered by ir~dividual mortgagea, or where they are
included in an overall conatruction mortgage on the
Condominiu~n building, and auch amendment shall not
re~yuit~ i.ae~ r~p~s~vai oi apar~.cuan~ ~wr~esra, i.i~es i.a~~s~r,
or of the Association.
3.3 Easementa are expressly provided for and reserved in
favor of t e owners and occupants of the Condominium building,
their guests and invitees, as follows:
(a) Utilities. Easementa are reserved th.rough
the Com3o n um property as may be required for uti 1-
~ ity services in order ~o serve the Cor~dominium and the
Recreation Area adequately, provided, however, such
easements shall be only according to the plans arri spe-
cifications for the building, or as the building is
conatructed, unless approved in writing by an apartment
owner o r the owner of the Recreation Area, as appropri-
ate.
(b} Encroachments. In the event that any apart-
ment or the ecrea on Area shall encroach upon arLy of
the common_ elements or upon ar~y other apartment for ar~y
reason other than the intentional or negligent act of
the apartment owner, or owner of the Recreation Area, or
in the event any common element ahall encroach upon any
apartment, then an easement shall exist to the extent of
such an encroachment so long as the same shall exist.
(c) Traffic. An easement shall exist for pedes-
; tr' an trai'i'i~c
over, through and across sidewalks, patha,
; walks, halls, lobbies, elevators, center cores, and other
~ portions of the comraon elements as may be from time to
- time intended and designated for such purpose and use;
F and for vehicular and pedestrian traffic over, th~ough
€ and acroas such portions of the co~on elements as may
~ from time to time be paved and intended for such purposes,
~ and such easement shall be for the use and benefit of the
p apartment unit owners, the owner of the Recreation Area,
^ .and those claiming by, through or under the aforesaid;
~ provided, however, nothing herein shall be construed to
~ give or create in any person the right to park upon any
~ portion of the Condominium property eacept to the extent
that space may be specifically designa.ted and assigned for
~ parking purposes.
~
~ 3.4 A artment Boundaries. Each apartment shall include that
~ part of the u ng con a n ng the agartment that lies within the
~ boundaries of the apartment, which boundaries are as follows:
~ (a ) The upper and loxer boundariea of the apartraent
~ shall be t e o ow ng ar es ex en ed to an intersec-
ti~ tion with the perimetrical boundariea: ~
(1) Up er Boundaries - The horizontal plane ~
= of the undecora e n s ed ceiling. ~
(2) Lower Boundaries - The horizontal plane
of the undecora e n s d f loor. ?
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(b) The erimetrical boundariea of the apartment '
shall be t e ver ca p anes o e undecorated finished
interior of the walls bounding the apartment extending
= to i.ntersections with each other and Nith the upper and
~ loMer bowzdariea, and xhere there is attached to tY~
- building a balcorqr, loggia, terrace or canopq, ths peri-
_ metrical bourrdariea ahall b~Re e ded to include the same.
BOG~! FAGE ~
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_~W OFFICES OF GOL.78TEIN. FRANKLIN. CHONIN Q SCHRANK. P. A.. 2020 NORTHEAS~' 163no STREET, NORTH MIAMI BEACFI. FLORIDA 33/62
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