HomeMy WebLinkAbout2202 IX .
RESTRAINT UPON ~~pARATION AND PARTITION
OF COMMON PROPERTY
Recognizing that the proper use of a PRIVATE D~W~LLING by any
owner or owners is dependent upon the use and enjoyment of the
COMMON PROPERTY in common with the owners of all other PRIVATS
riWELLINGS, and that it is in the interest of all owners of PRIVATB
D~WELLINGS that the ownership of the QOMMON PROPERTY be retained in
com~non by the owners of PRIVATE DWELLINGS in the CONDOMINIUM, it
ia declared that the percentage of the undivided interest in the
COMMUN PROPERTY appurtenant to each PRIVATE DWELLING shall remain
undivided and no oar.~e~ o~ any PRIVATS DWELLING shall bring or
have any right to bring any action for partition or division, except
ae this Article may be modified by the provisions of Article XXVIII
of the Declaration. -
X.
PERCBNTAGB OR UNDIVIDED INTEREST IN COI~IIKON
PROPERTY APPURTENANT TO EACH PRIVATE D'WELLSI~iG
The undivided interest in COMMON PROPERTY appurtenant to each
PRIv.~~'E DWELLING is that percentage of undivided interest which is
set forth and assigned to each PRNATE DWELL3NG in that certain
Schedule which is attaehed hereto and expressly made a part hereof
as "Exhibit C".
. XI.
EASEMENT FOR AIR SPACE
The owner of each PRIVATE DWELLING shall have ar. exclusive
easement for the use of the air space occupied by said PRNATE
Dti+1E'IZING as it exists at any particular time and as said PRIVATE
D~WELLING may lawfully be altered or reconstructed from time to time,
which easement shall be terminated automatically in any air space
which is vacated from time to time.
XII. "
ADMINISTRATION OF THE CONDOMINYUM BY
LA ENTRADA DEL MAR ASSOCIATION. INC.
To efficiently and effectively provide for the administration
of the CONDOMINIUM by the owners of PRIVATE DWELLINGS, a non-profit
Florida corporation, known and designated as LA ENTRRDA DBL MAR
ASSOCIATION, INC., has been organized, and said Corporation shall
aclminister the operation and managetnent of the CONDOMINIUM, and
undertake and perform all acts and duties incident thereto in
accordance with the terms of its Articles of Incorporation and
By-Laws. A true copy of said Articles of Incor~oration and By-Laws
are annexed hereto and expressly made a part hereof as Exhibits "D"
and "E", respectively. The owner or owners of each PRIVATE D'WELLING
shall automatically become members of said Corporation upon his, their
or its acquisition of an ownership interest in title to any PRIVATE
DWELLING and its appurtenant undivided interest in COMMON PR4PERTY,
and the membership of such owner or awners shall terminate automatically
upon such owner ~r owners being divested.of such ownership intereat in
the title to such PRIVATE D~WELLING, regardless of the means by which
such ownership may be divested. No person, firm or corporation holding E
any lien, m~rtgage or other encumbrance upon any PRIVATE l~rIELLING ;
shall be entitled, by virtue of such lien, mortgage or ~rther encumbrance
to membership in said Corporation, or to any of the riqhts or privileges
of such membership. In the administration of the operation ancl manaqement~
of the CONDOMINIZA~1, said LA ENTRADA DEL MAR ASSOCIATION, INC., shall
ha~~e and is hereby granted the authority and power to enforce the
provisions of this Dec2aration of Condominium, levy and collect aBSess-
ments in the manner hereinafter provided, and to adopt, promulgate and
- 5- fi~~ ~+(.?V ~
~f ~
10 .15 . 2 BOOK ~1 FAGf ~8
SPIELVOGEL. GOLDMAN AND CAKUSO, P. A. . ATTORNEYS AT LAVV . MERRItT (SLAND, FLORIDA