HomeMy WebLinkAbout2339 plus, said undivided share to be deenecl tA be oonv~eyeci or enc:unbered with
its respective ~ndaniniun unit ev~en th~ugh the description in the instiv-
ment of oonveyanc.~ or encunbrarice may refer only t~o the fee si~le title to
the apartment. Any atte~t t~o se~rate the fee sinQle title t~o the oortido-
miniun ~it from the wldivided interest in the oamm~ elements and oamr~n
surplus appurtenant bo such o~ndaniniun shall be null and wid.
V. aQ~IOQI~IILM BQAT DOGK AI~:
5.1 Hoat Docks. The D~veloper reserves the right, without
restriction, to v~nstnict, oQerate, and sell, or othexwise transfer title to,
boat c3ocks to be located within the Qoa~daniniun Boat Dock Area, as shawn on
the sun~y (F~chi.bit "D" ) and as more particularly described in bchibit ~~B" ~
provided, r~a~aever, that any such sale or transfer shall only be to a~x
of BEA~i CI~7B O~ILNY OCND~IIJIt~I ASSOCIATI(N, INC. ifitil any such sale or
transfer, title and ownership of each of the said clocks shall be v~ested in
the Develope.r. " ~
5.2 S~isequent Sale Or Transfer. Fbllvwing any~sale or trans-
fer by the Developer, the who has aoquired title and vwinership to any
such clock may thereafter transfer aricl o~nvey such title anc3 awnership only to
another manber of B~'.~CH Q~JB OO~~NY QQ~DONIINILM AS90CIATIQd, INC. The sale .
or other , transfer by a m~nber of his aparbment, 4av~erned by the ~venants ana
vonditions ir~ Paragraph XII here~f, shall be deen~d t~ include a sale and trans-
fer of any cloclc theri c~med by him, unless expressly pravided in the docurnnts
of sale to the ~ntraYy and further unless sare other se~arate and distinct
sale or transfer af the dock is made sinailtaneously therewith.
5.3 Use. Each dock shall be u.sed by its vwner solely and ex-
clusively in oonnectio with the use and enjoyment of the aan~x's apart~nt
and not for oannPxci.al purpases or otherwise, provided, how~ever, that the
Developer shall not be subject to any such restriction.
5.4 Association Liability. Z~e Association shall not be
responsible for, and the dock vwner shall inde~ify and h~ld harmless the
Association from ariy and all damages, injuries, claims, suits, causes of ac-
F tion, and judc~_nts arising out of or in ariywise attributable to the use of
! said dpck by the c~mer there~f, his faanily, guests, invitees and lioensees.
~
( 5. S Ca~tmn Elanents . Z4~e oam~n ele[~.nts include an undi-
; vided one-sixth (1/6 interest u? the Conc~aniniun Boat Dock Area described
! above, with the exception of the boat docks thenselves and their s~ort-
~ ing structure.
~ VI. ~ , AL'1'ERATIQJ AND II~~%~PS:
~ 1
s Responsibility for the maintenanc~e of the ~ndaminiun property,
~ and restrictions u~~ the alteration aryd i~rovam.nt thereof, shall be as
~ follvws: -
~ 6.1 rtrn~nts.
~
~ (a) By The Association: The Assoeiation shall
~ maintain, repair ancl replaoe at the As.sociation's exp~se:
~ (1) All portions of an apartznent, exoept i.n-
~ terior surfaces, oontributing b~ the su~c~rt of the apardnent building, which
~ portions st~all include but not be limited tA the outside walls of the agart- -
ea.
ment building and all fixtures on its exterior, bour~dary walls of apartments, ~
floor and ceiling slabs, load-bearim3 aolum~s ar~d load-bearim3 walls; ;
(2) All o~nduits, ducts, pltmbing, wiring and
`=y-
other facilities for the furnishing of utility services oontained in the por-
tions of an ap~arUt~ent maintained by the Association; and all such facilities ~
oontained within an apartrn~nt that service part or parts of the oorxianiniun :
other than the apartment within which oontained; and
;a;:~ - (3) All incidental damage caused to an apart- - .
ment by such wc~rk shall be r~aired pY~tly at the expense of the Association.
x;~
(b) By The Apartment Owr?er: The responsibility of
~~ti
~:rs ?23 P,~cf2339
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t~, .
~ CARL [LLWANGER ATTORNEY AT LAW P. O. BOX 1l60 STUART, FLORIOA 394~4