HomeMy WebLinkAbout1755 facilitiea running through any fnterior wall or partition for the
furniehing of utility and other services to PRIVATE DWELLINGS and
COMMON PR~PERTY, and includinq connectinq areas designated as balconies.
GOMM~N PROPERTY, ae the term is used herein. shall mean and cam-
prise all of the real property, improvements and facilities of the
CONDOMINIUM other than the PRIVATE DWELLINGS, as same are hereinabove
defined, and shall include easements through PRIVATS DWELLINGS for
conduits, pipes, ducts, plumbing, wirinq and other facilitiee for
the furnishing o~ utility and other services to PRNATS D~WELLINGS
~ and QOMt~N PROPERTY anc] easements of support in every portion of a
PRIVATE DWELLINa which contributes to the support of improvements,
and shall further include all personal property held and maintained
for the joint uae and enjoyment of all of the owners of all such
PRIVATE D~WELLINGS .
IV.
OWNERSHIP OF PRIYATE DWELLINGS AND
APPURTBNANT INTEREST IN COM[~ON PROPSRTY
Each PRIVATS DihTELLING shall be conveyed and treated as an indi-
vidual property capable of independent use anc7 fee simple o~wnership,
and the owner or owners of each said PRIVATB DWELLING sha21 own, as
an appurtenance to the ownership ot each said PRIVATE D~WELLING, an
undivided interest in the COMI~ON PROPERTY, the undivided interest
appurtenant to each said PRIVATE D~WELLING being that which is here- ,
inafter specifically assigned thereto. The percentage of undivided ~
interest in COI~lON PROPERTY assigned to each PRIVATS DiWELLING shall
not be changed except with the unanimous consent of all of the
owners of all of the PRIVATE DWELLINGS.
V.
RESTRICTION AGAINST FURTHER SUBDI`IIDING OF
PRIVATE D~i~IELLINGS AND SEPARATE CONVSYANCE
OF APPURTENANT COMMON PROPERTY, ETC.
No PRIVATE DWELLING may be divided or subdivided into a smal.l~r
Dwelling Unit or smaller Units than as shown on "Exhibit B" hereto,
nor shall any PRIVATE DiWBLLING or portion thereo~, be.added to or
incorporated into any other PRIVATE D~WELLING (although the fore-
going shall not prevent adjoining PRIVATE DWSLLINGS under~the same
o~anership ~from being connected in a manner approved by the Board
of Directors of ASSOCIATION hereinafter identified). The undivided
interest in the CO1~DN PROPERTY declared to be an appurtenance to
; each PRIVATB DWELLING ehaZl not b+e conveyed, devised, encumbered or
otherwise dealt with separately froTa said PRIVATE DWELLING, and the
! undivided interest in COMMON PROP$RTY appurtenant to each PRIVATE
! DiWELLING shall be deemed conveyed, devised, enctuabered or otherwise
E incl~ided with the PRIVATE DiWELLIl~iG even though such undivided in-
€ terest is not expressly mentioned or described in the instrwnent
~ conveying, devising, encumbering or otherwise dealing with such
F PRIVATE TA~fSLLING. Any conveyance, mortgage or other instrument
which purports to effect the conveyance, clevise or enc~?brance or
~ which purports to grant any right, interest or lien, in, to or upon
a PRIVATE DDIELLING, shall be null, void and of no effect insofar
as the same purporta to affect any interest in a PRIVATE DWELLING
and itB appurtenant undivided interesfi in OOMMON PRaPERTY, unless
the same purports to convey, devise, encumber or otherwise trade
or deal with the entire PRIVATB DiWELLING. ~Any instrument conveying,
devising, encuinbering, or othe~rise dealing with any PRIVATE DWELLING
Unit numerical designation assigned thereto in "Exhibit B" without
limitation or exception, shall be deemed and construed to affect
the entire PRIVATE D~WELLING and its appurtenant undivided interest
in the COMM~N PRrOPERTY. The description in any instrument conveying,
devising, encum?bering or otherwise dealing with any PRIV'ATE D~WELLING
and describing the PRIVATE DWELLING by its Unit numerical designation
;
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SPiELVOGEt, GOLDI~tAN AND CARUSO. P. A. - ATTORI3EYS AT LAW •:NERRITT ISlAND, FLORiDA