HomeMy WebLinkAbout1757 IX .
RESTRAINT UPON SSPARATION AND PARTITION
OF COMMON PROPTRTY
Recognizing that the proper use of a PRIVATE LIWELLING by any
owner or owners ie dependent upon the use and enjoyment of the
COMMON PROPERTY in comamon with the owners of all other PRI'VATE
17WELLIN(3S, and that it is in the interest of all owners of PRIVAT$
DA+ISLLINGS that the ownership of the OL1I~+IIrION PROPERTY be retained in
conamnon by the owners of PRiVATE DWELLINGS in th~ CONDOMINI~IM, it
ie declared that the percent~ge of the undivided interest in the
COM1~N PROPBRTY appurtenant to each PRIVATE TJWELLING shall remair~ ~
undivided and no owner of any PRIVATS DWELLING ahall bring or
have any right to bring any action for partition or division, except
as this Article may be modified by the provisions of Article XXVIII -
of the Declarat3on. i
X.
PERC~SNTAG$ OR UNDIVIDED INTEREST IN COI~IIKON
PROPERTY APPURTENANT TO EACH PRIVATE D~WELLING
The undivided interest in COMMON PROPERTY appurtenant to each
PRIVATE D~TELLING is that percentage of undivided interest which is
set forth and assigned to each PRIVATE DiWELLING in that certain
Schedule which is attache8 hereto and expressly made a part hereof
89 °EXY1].}J~t C'~ .
XI.
~ ~
EASEMfiNT FOR AIR SPACE '
~
The owrier of each PRIVATE DWELLING shall have an exclusive
easement for~the use of the air space occupied by said PRNATE
DiWE'LZING as it exists at any particular time and as said PRIVATE
D~WELLING may lawfully be altered or_ reconstructed f=om ~ime to time,
which easement ehall be terminated automatically in any air apace
which is vacated from time to time.
xxi. ~
ADMINISTRATION OF THE CONDOMINYUM BY
IA ENTRAD~A DEL MAR ASSOCIATION, INC.
To efficiently ana eFfecti.vely provide for the administration
of the CONDOMINIUM by the owners of PRIVATE DWELLINGS, a non-profit
Florida corporation, known and designated as LA ENTRADA D~L MAR '
~ ASSOCIATION, INC., has been organized, and said Corporation shall
j administer the operation and management of the CONDOMINIUM, and
~ undertake and perform all acts and daties incident thereto in
e accordance with the terms of its Articles of Incorporation and
~ By-Laws. A true copy of said Articles of Incorporation and By-Iaws
~ are annexed hereto and expressly made a part hereof as Exhibits "D"
; and "E", respectively. The owner or owners of each PRZVATE D~hiELLING
shall automatically become members of said Corporation upon his, their
; or its acquisition of an ownership interest in title to any PRIVATE
~ Db~TELLING and its appurtenant undivided intereat in COMMON PROPERTY,
~ and the membership of such owner or awners shall terminate automatically
° upon such owner or owners being divested.of such ownership intereat in
~ the title to such PRIVATS D~WELLING, regardleas of the means by which
such~~ownership may be diveated. No person, firm or corporation holdinq ~
any lien, mortgage or other encumbrance upon any PRIVATE DWELLING ~
shall be entitled, by virtue of such lien, mortgage or other encumbrance ;
i to membership in said Corporation, or to any of the righta or privileges ~
of such membership. In the administration of the operation and management~
of the CONDOMINIT.ArS, saicl IA ENTRADR DEL MAR ASSOCIATION, INC., ehall
~ have and is hereby granted the authority and power to enforce the
' provisiona of this Declaration of Condominium, levy and collect assesa-
; ments in the manner hereinafter provided, and to adopt, promulgate and
~ -5- fi~~ ~.~r1J ~
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SPIELVOGEI.~ GOLDMAN AND CARUSO, P. A. • ATTORNEYS AT LAW . MERRITT ISLAND, FLORIDA
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