HomeMy WebLinkAbout1421 XX. PROHIBITION OF FURTHER DIVISION
The provisions of Section 718.107 of the Act are specifically incorporated
into this Declaration. Additionally, there shall be no further division of an
Apartment and, hence, any instrument, whether a deed, mortgage, or other-
wise, which describes only a portion of any Apartment shall be deemed to
describe such entire Apartment and the interest in the Common Elements
appurtenant thereto.
XXI. SEVERABILITY
If any provision of this Declaration, the Condominium Documents, or the
Act is held to be invalid, the validity of the remainder of this Declaration,
the Condominium Documents, or the Act shall not be affected.
XXII . INTERPRETATION
A. Article, Paragraph and Subparagraph titles in this Declaration are
intended only for convenience and in no way do such titles define, limit, or
in any way affect this Declaration or the meaning or contents of any material
contained herein .
B. Whenever the context so requires, the use of any gender shall be
deemed to include all genders, the use of -the plural shall include the singular;
and the use of the singular shall include the plural.
C. As used herein the term "member" means and refers to any person,
natural or corporate, who becomes a member of the Association as described
in the Articles and By-Laws whether or not that person participates in the
Association as a member.
D. In the event any Court should hereafter determine that any provision
of this Declaration is in violation of the rule of property known as the "rule
against perpetuities" or any other rule of law because of the duration of a
time period, such provision shall not thereby become invalid, but instead the
duration of such time period shall be reduced to the maximum period allowed
under such rule of law, and in the event the determination of the duration of
such time period requires measuring lives , such measuring lives shall be
those of the incorporators of the Association .
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XXIII. REMEDIES FOR VIOLATION
Each Apartment Owner shall be governed by and shall comply with the
~ Act and all of the Condominium Documents as they may exist from time to
time . Failure to do so shall entitle the Association , any Apartment Owner , or
any Approved Mortgagee to bring an action for injunctive relief , damages or
both and such parties shall have all other rights and remedfes which may be
available at law or in equity . The failure to enforce promptly any provisions
of the Condominium Documents shall not be deemed a waiver of such provision
~ or be a bar to their subsequent enforcement. In any proceeding arising
because of an alleged failure of an Apartment Owner to comply with any terms
of the Condominium Documents, the prevailing party shall be entitled to
i recover the costs of such proceeding and reasonable attorneys' fees at all
trial and appellate levels as they may be awarded by the Court.
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RUOEN, BARN ETT. McCLOSKr 5 SCH USTE R. ATTO RNETS AT LAW, 25 SOUTH 4NDRE WS AVENUE. FORT LAU OERDALE. FLORIDA