HomeMy WebLinkAbout1773 owners of a.tl PRIVATS DWELLINGS as a part of the cor~non
expense, although nothing herein contained ahall be conatrued
as zeleasinq the party liable for such delinquent assegement
fran the payment thereaf or the enforcement of collsc~ion of
sach payanent by means other than forecloeure.
L} Whenever any PRNATS D~ISLLING may be leased, sold or mortqaged
by the owner thereof, which lease or eale shall be concluded
only upon complfance with other provisiona of this Declaration
_ of Condaninium, ASSOCIATION, upon vritten request of the
awner of such PRIVATE DiWELLING, shall furnish to the proposed
. leasee, purchaser or mortgagee, a statement verifying the
status of payment of any asaessment which shall be due and
payable to ASSOCIATION by the owner of such PRIVATS DWR,L•~•IN~G.
Such statement ehall be executed by the ~resident, Secretary
or Treasurer of the ASSOCIATION, and any lessee, purchaseY or
mortgaqee may rely upon such statement in concludinq the
propo8ed leaee, purchase or mortgage transaction, and
ASSOCIATION shall be bound by such statement.
In the event that a PRIVATS Dti+1ELLING is to be leased, sold or mortgaged
at the time when payment of any asseasment against the awner of said
PRIVATB DWELLING and such PRIVAT$ DiWELLII~IG due to ASSOCIATION shall be
in default (whether or not a claim of lien has been recorded by
ASSOCIATION~, then the rent, proceede of such purchase or mortgaqe
proceeds, shall be applied-by the lessee, purchaser or mortgagee firet
to payment of any then-delinquent assessment or fnstallments thereof
due to ASSOCIATION before the payment of any rent, proceeds of purchase
or mortc~aqe proceeds to the awner of any PRNAT$ D~WBLLING w~o is
reaponsible for payment of such delinquent assessment.
In any voluntary conveyance of a PRIVATE DWEI.LING, the Grantee shall be
jointly and severally liable with Grantor for all unpaid asseaementa
against Grantor made prior to the tune of-such voluntary conveyance,
without prejudice to the rights of Grantee to recover frvm Grantor the
amounts paid by Grantee therefor. .
Inatitution of a suit at law to attempt to effect collection of the
payment of any delinquent assessment shall not be deemed to be an
'4 election by ASSOCIATION which shall prevent its thereafter seeking
; enforcement of the collection of any sums remaining owing to it by
; foreclosure, nor ahall proceedinq by foreclosure to attempt to effect
; auch collection ~e deemed to be an election precluding the institution
3 of suit at law to attempt to effect collection of any sum then remaining _
~ owing to it.
~
~QCVI I .
COMI~N SURPLUS
, ?
~pCOIrIIyON SURPLUS", meaning all funda and other aesets of the
ASSOCIATION (including excese of receipts ~f ASSOCIATION, including
but not limited to assesaments, rents, profits, and revenuea from
whatever source whatsoever, over amount of the cmmnon expenae), shall
be o~med by the owners of all PRIVATE D~Wffi,LINGS in the same proportion
that the undivided intereat in COMI~ON PROPERTY appurtenant to each
~ owner's PRIVATE D~IELLING bears to the total of all undivided intereste
~ in COMM4N PROPERTY appurtenant to all PRIVATE D~WELLINGS: provided,
~ however, that said cotmaon surplue shall be held by the ASSOCIATION in
the manner, and subject to the terms, provisions and conditions hereof
r># imposing certain limitations and restrictions upon the use and ~
d°Y distribution of said common surplus. Except for distribution of any
insurance indermnity herein provided, or termination of the CODTDOMINIUM, ~
any dfatribution of common surplus which may be made fro~n time to
time shall be made to the then owners of PRIVATE DWELLINGS in
accordance with their percentage interest in common surplus as
:
cleclared herein. E
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10.15. Z ~:~X ~~tJ ~ 1~
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SPIELVOGEL, GOLDMAti AND CARUSO, P. A. - ATTORNEYS AT LAW - 1?iERRlTT iSLAND, FLORIDA
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