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I. Sh~uld the Assoc iation or the Management Firm, ~n behalf
of the Association, or on its ~wn behalf, find it necess3ry to bring 3 .
Court action to brinq about cornpliance with the law, this L~eclarati~n and/
or the Exhibits, upon a finding by the Court that the vi~lation c~mplained
of is, ~r was, willful and deliberate, the Unit G~vner so vi~lating shall
reimburse the Management Firm ~nd the Associati~n f~r reas~n3ble ~
attorney's fees and court costs incurred by it in bringing such action, as
~ determined by the C~urt,
J. Subsequent to the filing af this L`eclara.tion ~f C~nd~minium,
~ the C~nd~minium l~ssocia.tion - when authorized by v~te of the majority ~f
- the tot~l vote of the members of the Ass~ci3tion, and approved by the
owners and h~lders af Instituti~n31 First Mortgages encumbering C^nd~-
- minium par~els who represent a m~jority of the doll3r instituti~naliy •
mortg3ged indebtedness ag3in~t this C~nd~minium,. and the Management
Firm, as long as the Management Agreement remains in effect, may,
~ t~gether with other Condominium Associations 3nd ~thers, Furchase and/
or acquire and enter into agreements, from time t~ time, wherebyit
acquires leaseh~lds, memberships and other possess~ry ~r ~.~se interests
in lands or f3cilities, including, but not limited to, ~~untry cl~abs, g~lf ~
cour~es, marinas, and other recre3tion3l facilities, vuhetner or not ,
contiguous to the lands of the Condominium, intended to provide for the
. enjoyment, recreation and other use or benefit of the Unit Cwners. The
expense of ~wnership, rental, membership fees, operati~n~, repla~ements-
and ~ther undertakings in c~nnection therew ith shall be ~ommon expenses,
~t~gether w ith 311 other expenses 3nd ^osts herein or by ~~.w defined as
common expeases. . ~
K. ~~'henever the context so requires, the ~se ~f any gender
shall be deemed to include 311 genders, ~nd the u~e c~ the singul~r shail
in~lude the plural, 3nd the plural shall include the.singutar. T~e
provisionG of the L~eclaration shall be liberally construed to effectuate its ~
purpose of creating a uniform plan for the operation ~f a Cond~minium.
L. The c~ptions u~ed in this ~eclaration of C~nd~mini~,~m and
the Exhibits are inserted solely a~ a matter ~f convenience and shall not
be relied uc~on and/or used in construing the effect or meaning of any ?f
- the text of this L~eclara.tien or Exhibits hereto annexed.
M. ~~riere an Institutional First M~rtc~aqee, by s~me ~ir^um-
- st~a.nce, fa.ils ta be a First Mortgagee, but it is evident tnat it is intended
to be a First Mortga.gee, it shall, nevertheless, for the purpase ~f this
L`eclaration and the Exhibits annexed, be deemed to be an In~titutioc~.l
F irst M,ortgagee.
N. If any term, convenant, pr~vision, phra~e ~r ot!;er element
of the Condominium L~eclara.tion and ttie Exhibits is held invalid or unen-
forceable for any reason whatsoe~~er, sueh holdinq shall not be deemed t~
affect, alter, m~dify or impa,ir in any manner whatsoever any other term,
provisi~n, c~venant-or element ~f the C~nd~minium do~uments.
~ C. The L`eveloper specifically disclaims any intent t~ have made
_ any warranty ~r reqresenta.tion in c~nnection with the property ~r the
reclaration and the Exhibits, except as specific311y set f~rth herein, and
no person sh.all rely upon a~q «?arranty or representation n~t s~ soeci-
fically m~de herein, except those specifica,lly described, and ~~r the -
periods of time ~s set forth in Section 718. 203 of the Act. The limit of
w_ R. scorr tne terms of said warrant sh~ll be as s
~no~,~ ~t ~,,~w Y pec ified in the ~,id ~t3tute a nd the
,~~~~~~„s,,~u~ ~developer make~ no _further warra.nties of any kind or nature. Maintenance
5,,,~,,,, no,,,~ fees, common expenses, taxes or ~ther eharges are estimates only and no
warranty, guaranty or representation is made or intend~d, n~r~ may ~ne k
be relied upon. oR~= i'~ ~ r-
- rII-29 pp~k ~ ~ f1.:~~ ~
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