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HomeMy WebLinkAbout1775 The CONDOMINIUM may be terminated in the following manner in addition to the maruier provided by the Condominium Act, to-wit: ~ A) As provided for in the precedin9 paragraph of this Article in the event of destruction. B) The CONDOMIl~TIUM may be terminated at any time by the approval in writing of all record awners of PRIVATB DWTsLLINGS and all record owners of mortgages held on PRIVATS DiW~ELLINGS. If the proposed termination ie submitted to a meeting of the members of the ASSOCIATION, the notice of the meet3ng giving notice of the proposed ten~aination, and if the approva~ of - the ownere of not less than 7596 of the PRIVATB nWELLINGS, and ; of the reccrd owners of all mortgages upon the PRIVATE DWELLINGS, are obtained in writing not later than thirty (30) ~ days from the date of such meeting, then the"~approvinq owners ~ shall have an option to buy all of the PRIVATE D'WSLLINGS of t the other awners for the period ending on the sixtieth day ~ from the date of such meeting. Such approvals shall be ; irrevocable until the expiration of the option, and if the ~ option is exercised, the approvals shall be irrevocable. The ~ option sha11 be upon the following terms, to-wit: ; ~ ~ ~ ~ (1) Exercise of Option. The option sha 11 be exercised by delivery or mailing by i registered or certified mail to each of the record owners ~ of the PRIVATE DWSLLINGS to be purchased and agreement to ~ purchase signed by the record owners of PRIVATE DiW$LLINGS ~ who will participate in the purchase.. Such agreement ~ ahall indicate which PRIVATE D~WSLLINGS will be purchased by each participating owner and shall require the ~ purehase of all PRIVATE DWELLINGS owned by owners not { approving the termination, but the agreement shall etfect ~ a separate contract between each owner and his purchaser. * . PRIVATE DoWELLINGS sha12 carry with it an undivided ~ interest in the COMMON PROPERTY as otherwise provided for ~ in ARTICLE IV hereinabove. _ ~ . . (2) Price. t The sales price for each PRIVA~E DWBLI~ING shall be the ~ fair market value determined by agreement between the ; seller and purchaser within thirty (30) c3ays from the ~ delivery or mailing of such agreement, and in the absence ~ , of agreement as to price shall be determined by arbitra- ~ ~ tion in accordance with the then existing rules of the ; Rmerican Arbitration Association, except that the ~ ; arbitrator shall be two appraisers appointed by the - American Arbitration Association who shall base their ' detertnination upon an average of their appraisal of the ~ ` PRIVATE DWELLING; and a judgment of specific performance ~ ~ of the sale upon the nward rendered by the arbitrators ? ~ may be entered in any court of competent jurisdiction. ` ~ The expense of the arbitx~ation shall be paid by fihe ; ~ purchaser. ; (3; Payment , ` - The purchase price shall be paid in cash. ~ ~ ~ (4) Closing. „ ~ < The sale shall be closed within ten (1Q~ days fol2owing _ the determination of the sales price. ~ ; - ~ = Termination of the CONDOMINIUM in either of the foregoing manners shall ~ be evidenced by a certificate of the association executed by the ; president and secretary certifying as to facts effecting the termination, - ' which certificate shall become effective upon being recorded in the ' - Public Records of St. i.ucie County, Florida. ' - - 2 3- ' ~ r, ' 2~ 1~7~ < 10.15.2 ~ SPiELVOGEL, GOLD~IAN AND CARUSO, P. A. -!.T; ~=~RN[YS AT LAVi% - ~;ERRITT ISLAND. FLORIOA i