HomeMy WebLinkAbout2201 and ident~fying this Declaration of Condominium shall be deemed to
include any and all amendments to this Declaration of Condominiuih ~
or to the Articles of Incorporation and By-Laws of the ASSOCIATION
hereinafter identified, and it ehall not be necessary for such dea-
cription to specifically or generally refer to any auch amendment
er amendm~n~~, ~othing herein eontained shall be construed as limitin~
or~preventing ownership of any PRIVATB DWELLING and its appurtenant
undivided interest in the GOMMON PROPERTY by more than one person or
entity as tenants in common, joint tenants, or as tenants by the
entirety. Adjoining PRIVATE D~WSLLINGS under the same ovmership may be
connected upon such conditions as may be approved by the Board of
D~rectors of the ASSOCIATION hereinafter identified, and in the event
that any PRIVATE I7WBLLINGS are so connected, the same aha 11 still be
treated as separate and distinct PRZVATE D~WELLINGS for all purposes,
and in no event shall such conr~ected PRiVATE D~BLLINGS be treated as
a single entity for assessment, votinq or other purposes.
VI.
THE CONDOMINIUM SUBJECT TO RESTRICTIONS. ETC.
The PRIVATE nhTELLINGS and OpMMON PROPERTY ahall be. and the
same are hereby declared to be subject to the restrictions, easements,
conditions and covenants prescribed and established herein, governing
the use of said PRIVATE D'WELLINGS and COMMON PROPERTY and setting
forth the obligations and responsibilities incident to ownership of
each PRIVATS D~WELLING and its appurtenant ~a~~~aea interest in the
COMI~N PR4PERTY, and said PRIVATE D~WELLINGS and CONII~ION PROP$RTY are
further declared to be subject to the restrictions, easements, con-
ditions and limitations now of record affecting the land and improve-
ments of the CONDOMINIUM.
VII.
PERPETUAL NON-EXCLUSIVE EASEMENT IN
COMMON PROPERTY
~ The COMMpN PROPERTY shall be, and the same is hereby declared
to be subject to a perpetual non-exclusive easement in favor of all
of the owners of.PRIVATE DWELLINGS in the GONDOMINIUM for their use
and the use of their imaaediate families, guests and invitees, for
all proper and normal purposes, and for the furnishing of services
and facilities for which the same are reasonably intended, for the
enjoyment.of said owners of PRIVATE DWELLINGS. Notwithstanding
anything above provided in this Article, the ASSOCIATION, herein-
after identified, sha11 have the right to establish the rules and
regulations pursaant to which the awner or owners of any PRTVATE
DWELI,ING may be entitled to use COMM4N PROPERTY, including the
right to make permanent and temporary assignments of parking spaces,
and to establish regulations concerning the use thereof.
VIII.
EASEMENT FOR UNINTENTIONAL AND NON-
NF7GLIGENT 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~hTELLING owner or owners, or ager~ts
of such owner or owners, then an easement appurtenant to such PRIVATE
DTn1SLLING sha21 exist for the continuance of such encroachment unto
the COMMpN PROPERTY for so lonq as such encroaehment shall naturally
exist; anci, in the event that any portion of the COMMON PROPERTY
sha 11 encroach upon any PRNATE DWELLING, then an easement shall
exist for the continuance of such encroachment of the COMMON PROPERTY
i.nto any PRIVATE 17WELLING for so long as such encroachment shall
naturally exist.
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SP1ELvQGEL, GOLDMAN ANU CARUSQ. P. a. - ATTOIiNEYS AT LAIt~ .~lERRITT ISLAND, FLORIDA