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HomeMy WebLinkAbout1770 mainta~ning lea~eholds. memberehipg and othez possessory or use intereQt in lands or facilitiea to provide enjoyment~ recreation or other use or benetit to owners of PRIVATS D'W~LLINGS, all as may be now or hereafter acquired by lease or agreement in fonn and content, and containing provisions, satisfactory to the Board of Directore o~ ASSOCIATION. Upon adoption of such Annual Budget by the Board of Directors of ASSOCIATION, copies of said~Budget ghall be delivered to each owner of a PRIVAT$ DWELLING and the aeaessment for said year shall be established based upon such Budget, although the delivery of a copy of gaid Budqet to each awner shall not affect the lfability of aay owner for such assessment. Shou~~ t~e Board of Directora at any time determine, in the aole discretion of said Board of Directora, that the assessments levied are or may prove to be insufficient to pay the costs of operation and management of the CONDOMINIUM, or in the event of emergenciea, said Board of Directors shall have the authority to levy sach adaitional assessment or assessments as it may deem to be necessary. D} The Board of Directors•of ASSOCIATION, in establishing said Annual Budget for operation, management and maintenance of the Project, may include therein a sum to be collected and maintained as a reserve fund ~or replacement of COMM~N PROPERTY, which reserve fund shall be for the purpose of , enabling ASSOCIATION to replace structural elemente and ~ mechanical equipment constituting a part of COMMON PR4PERTY, as well as the replacement of personal property which may constitute a portian of the OOMM~ON PROPSRTY held for the }oint use and benefit of all of the ownere of a11 PAIVATE DWELLxIaGS. The amount to be allocated to such Reserve Fund for Replacements shall be established by said Board of - Directors so as to accrue and maintain at all times a sum reasonably necessary to anticipate the need for replacement of COMMON PROPERTY. The amount collected and allocated to the Reserve Fund for Replacements from ti.me to time shsll be maintained in a separate accaunt by ASSOCIATION, al- though nothing herein coatained shall limit ASSOCIATION from applying any monies in such Reserve Fund for Replace- mente to meet other needs or requirements of ASSOCIATZON in operation or managing the Projeet in the event of emergencies, or in the event that the sums collerted trom the owners of pRIVATE DWELLINGS are insufficient to meet the then fiscal financial require~ts of ASSOCIP,TIUI~ but it shall not be a requirement that these monies be used for such latter pur- poses, as a separate asgesament may be levied-therefor if deemed to be preferable by the Board of Directors of ASSOCIATION in the sole discretion of said Board of Directors. ~ ~ E) The Board of Directors of ASSOCIATION, in establishing said ~ Annual Budget for operation, management and maintenance of ; ~the Project, may include therein a sum to be collected and ~ maintained as a general operating reserve which shall be s u$ed to provide a measure of financial stability during $ periods of special stress when such sums may be used to meet 5 deficiencies fram time to time existing as a reault of delinquent payment of assessmente by owners of PRIVATE ~ D`WELI+INGS, as a result of emergenciess or for other reason placing financial stress upon ASSOCIATION. The annual amount allocated to such operating reserve and collectec3 therefor ahall not exceed 1096 of the current annual assess- ment levied against the owners of all PRIVATE DFTELLINGS and their PRIVATE D~WELLINGS. Upon accrual in said operating reserve of a sum equal to 3036 0£ the current annual as$ess- - e ment, no further payments shall be collected ~rom the , ; owners of PRIVATB D~TELLINGS as a contribution to such ' operating reserve, unless such operating reserve shall be reduced below said 3096 level, in which event, contributions ; = -18- ~ 10.15.2 ~ = 220 ~.~b'~ - SYIECVQGEL. GOLDMAN ANn CARUSO, P. f!. • ATTORNEYS AT l.AW . 1?tERRiT? ISLAND, FLORIDA - -