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the Associatian may take such action as they deem necessary to a~llect
assessnents, 17y persor~al action or by enforcing and foreclosing said lien,
and may settle and oonpromise the sanc~e, if in the best interests of the
~ Associatior~. Tfie delirx~uent me~nbers shall pay all oasts, including re~a~.9on-
able attorneys' fees, incident tc~ the oollection of such assessnents arKl
enfarc.~ement of such lien. Said lien shall be effectiv~e as and in the manner
provided for by the Qo~3omi.niun Rct and shall have the griorities established ~ ~
by said A~ct. The Association shall be entitled t~o bid at any sale held pur-
suant to a suit to foreclose an assessment lien, and t,~ apply as a cash credit
~ against its bid, all suns due the Association eovered by the lien enforced.
Nbreover, in any lien foreclosure, the apar~n~rit vwner may be required bo
pay a reasonable rental for vontinued oa.-~~ancy or use of the ap~ai-tmQ.nt; and
the Plaintiff in the foreclosure shall be entitled tn the appointment of a
receiver t~o o~llect same fram the owner and/or oocupant.
7.5 Li.ability Of Mo~rt~ ee; Lien Of Judic~al Sale Purchaser
Fbr Assessnents: Where the martgagee of an institutional first irorbgag~
Y~ec~ord, or other purchaser of an apart7nent obtains title to an apartsnent as
a result of foreclosure of an insti.tutional. first mort~gage, or when an in-
stitutional first mc~rt~gagee of x~oord acvepts a deed to said apartment in
lieu of foreclosure, or any other purchaser or purchasers obtain title to
an apartme.nt as a result of foreclosure of the aforesaid institutianal first
mort,gage, such aoqui.rer of title, its supvessors arid assigns, shall not be
~ liable for the share of oamr~n expc~rises or assess~nts by the Association
pertaining t~ siich apar~nt, or char~geable to the fonner awner of such apart
ment, which became due prior tQ avquisition of title as the result of the
foreclosure or of the aoceptance of such deed in lieu of foreclosure. Such
unpaid share of vamnn ~xpenses or assessr~ents shall be deemed t,o be vocmnn
~x~x~ses, oollectabl~ fran all of the apartment vwners, including such ac-
quirer, his succ~essors and assigns. Hnw~ever, any person who avquires an in-
terest in an apaz~nt, except through foreclosure of an institutional first
morbgage of reoard, as specifically provided in the paragraph imnediately
preceding, includir~q with~ut limitation persons aoquiring title by c~esation
of law, i.ncluding purchasers at judicial sales, shall r~ot be entitled to oc-
cupancy of this ap~artment or enjvyc~nt of the vom~mn elgnents w~til such time
as all unpaid ~assessnerrts due and a+rim3 by the forn~er owner have beP.n paid.
i
7.6 Assigrn~nt Of Claim And Lien Rights: The Association,
acting through its Board of Directors, shall have the right to assign its _ _
' claim and Iien rights for the revovery of any unp~aid assessment to the De-
' veloper, or t~o ariy apartrnent owner or group of apart~nt aaners, or t,o any
third party. ;
VIII. ~ AS50QATION.
The c~eration of the aonc3ominiun shall be by BEAQ3 C[~i1B CtaI~tY
OCNDQI~IILM ASSOC7ATICN, INC. , a oorporation r~t for profit organized and F
i existing uncler the laws of the State of Fiorida, which shall fulfill its fimc-
; tions pursuant to the follawing provisions: •
,
i
r 8.1 Articles Of Inoorporation: A voZ~y of the Arti.cles of
Incarporation of the Associati
n
is attached heret~o and made a part hereof
~ as E~chibit "F" :
3
~ 8.2 B-~Iaws: The By-Laws of the Associ.ation shall be the
: By-Iaws of the vondaniniun, a c~opy of which is attached hereto and made a
part hereof as Exhibit "G".
E
8.3 Limitation Upon Liability Of A~sociation: Notwithstanding ~
the dnty of the Association to maintain and repair parts of the oanc3omini~xn ~
prr~perty, the Association shall not be Iiable to apartment aat~xs for injury _
or damage, other than the wst of maintenanoe and r~air, caused by ar~y latent
~ oandition of the pxnperty t,o be maintained and repaired by the Associ.ation, ,
;
; or caused by the el~nents or by other aaners or pexsons.
~ 8.4 Restraint Upan Assigrment Of Shares In Assets: The share
of a manber in the funds and assets of the Association cannot be assigned,
' hypothecated or transferred in ariy ~er except as an ap~n.irtenance to his
; apartment.
; _ 223 PA~~234.~ -
CA11L I. EL~.WANG[p ATTOpHEY AT LAW P. O. ~OX fdAO STUART. FLORtDA 3~4Y4