HomeMy WebLinkAbout1756 and identifying this Declaration of Condominium ehall be deemed to
include any and all amendments to thia Declaration of Condominiu~b ~
or to the Articles of Incorporation and By-Laws of the ASSOCIATION
hereinafter identified, and it shall not be necessary for such des-
cription to specifically or generally refer to any such amendment
or amendments. Nothing herein eontained shall be conetrued as limitin~ •
or preventing ownership of any PRIVATE DWELLING and its appurtenant
undivided interest in the COMMON PROPERTY by more than one person or
entity as tenants in common, joint tenante, or as tenants by the
entirety. Adjoining PRIVATE DWELLINGS under the same ownership may be
connected upon such conditions as may be approved by the BoarB of
D~rectors of the A&SOCIATION hereinafter identified, and in the event
that any PRIVATE DFTSLLINaS are so connected, the same shall still be
treated as separate and diatinct PRIVATE riWELLINGS for all purposea,
and in no event sha II. such cons~e cted PRIVATE D4~S?~LINGS be treated as
a aingle entity for assessment, voting or other purposes.
vi.
THE CONDOMINIUM SUHJECT TO RESTRICTIONS. ETC.
The PRIVATE DiWELLINGS and OOMMON PROPERTY shall be+, and the ;
aame are hereby declared to be aubject to the restrictfons, easements, ;
conditions and covenants prescribed and establiehed herein, qoverninq
the use of said PRIVATE DWELLINGS and C4MMGIN PROPSRTY and setting
for~h the obligations and responsibilities incident to ownership of
each PRIVATS DiWBLLING and its appurtenant undivided interest in the :
COM~lON PR~DPBRTY, and said PRIVATE D~WELLINGS and CON+Il~DN PROPBRTY are '
further declared to be subject to the restrictions, ea'sements, con-
ditions and limitations now of record affecting the land and improve-
mertts of the CONDOMINIUM.
VII.
PERPETUAL NON-EXCI,USIVE EASEMENT IN
COMMON PROPERTY
The COMMipN PROPERTY sha 11 be, and the same is hereby declared
t0 be Bllb~@Ct t0 a perpetual 110A-@XC.it~S1Ve ea~Ci~~~~ia, iii iai-"vi vi 1 ~
of the owners of PRIVATE DWELLINGS in the CONDOMINIUM for their use
and the use of their im~nediate families, guests and invitees, for
all prope= and normal purposes, and for the furnishing of services
and facilities for which the same are reasonably intended, for the
i enjoyment,of said owners of PRNATE DiWELLINGS. Notwithstandiag
anything above provided in this Article, the ASSOCIATION, herein-
after identified, shall have the right to establish the rules and
~ regulations pursuant to which the awner or-owners of any PRIVATE
; D~WELLING may be entitled to use OOMMON PROPERTY, including the
right to.make permanent and temporary assignments of parking spaces, _
f and to establish regulations concerning the use thereof.
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s VIII.
F
; EASEMENT FOR UNINTENTIONAL AND NON-
NDGLIGENT ENCROACHMENTS
In the event that any PRIVATE DWELLING shall encroach upon
any COMMON PROPERTY for any reason not caused by the purposeful or
; negligent act of the PRIVATE D~TELLING owner or owners, ar aqents
= of such owner or awners, then an easement appurtenant to such PRIVAT$
DWELLING shall exist for the continuance of such encroachment unto
= the COMMON PROPERTY for so long as such encroachment shall naturally
~ exist; and, in the event that any portion of the COMMON PROPERTY
sha21 encroach upon any PRNATE DWELLING, then an easement shall
exist for the continuance of such encroachment of the COMMON PROPERTY
into any PRIVATE riWLLLING for so long as such encroachment shall
= natura lly exist.
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SPiELVOGEL, GOLDMAN AND CARUSO, P. A. • ATTORt~3EYS AT LAVV . riERRITT ISLAND. FLORIDA
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