HomeMy WebLinkAbout1423 evidenced by a certificats joined in and executed by such Apartment Owners
and all Approved Mortgagees holding mortgages thereon and recorded in the
same manner as amendments provided in Paragraph A of this Article XXV .
C. Whenever it shall appear to the Board that there is defect, error
or omission in this Declaration or any other documentation required by law to
establish this Condominium, the Association, through its Board, shall iaamedi-
ately call a special meeting of the Apartment Owners to consider amending the
Declaration or such other documents in accordance with Section 718.304(1) of
the Act. Upon the affirmative vote of at least one-fourth (1/4) of the Apart-
ment Owners with more such affirmative votes than negative votes , the Asso-
ciation shall amend the appropriate documents to correct such defect, error,
or omission, and a true copy of such amendment shall be mailed via certified
mail by the Association to the Developer and to all Approved Mortgagees.
Such amendment shall become effective upon the recording of the certificate
amongst the Public Records of St. Lucie County, Florida, but such certificate
shall not be recorded until thirty (30) days after the mailing of a copy thereof
to Developer and all Approved Mortgagees, unless such thirty (30) day period
is waived in writing by the Developer and all Approved Mortgagees .
D . This Declaration may be amended in the same manner as required
for an amendment to the By-Laws when the Declaration is being amended
solely for the purpose of setting forth or affixing an amendment of the By-
Laws thereto.
E. No amendment of this Declaration or any Article or portion hereof
shall be passed which shall impair or prejudice the rights or priorities of
Developer or Approved Mortgagees, without the specific written approval of
Developer or the Approved Mortgagees in question, as the case may be.
F. In accordance with Section 718.403(6) of the Act, an amendment to
this Declaration .adding a Phase or Phases to this Condominium shall not
require the execution of such amendment by Apartment Owners other than the
Developer or the execution thereof by the Association , Approved Mortgagees
or any -other person , persons or entity .
Ij XXVI. RIGHT OF DEVELOPER TO TRANSACT BUSINESS
AND TO SELL OR LEASE APARTMENTS OWNED BY IT
r FREE OF RESTRICTIONS SET FORTH IN ARTICLE XV
A. The provisions, restrictions, terms and conditions of Article XV
hereof shall not apply to Developer as an Apartment Owner, and in the event
and so long as Developer shall own any Apartment, whether by reacquisition
a or otherwise, Developer shall have the absolute right to lease, sell, convey,
~ transfer, mortgage or encumber in any way any such Apartment upon any
~ terms and conditions as it shall deem to be in its own best interests .
B . Developer reserves and shall have the right to enter into and
transact on the Condominium Property any business necessary to consummate
the sale, lease or encumbrance of Apartments in the Condominium <which for
the purposes of this Paragraph shall include all sixteen Phases whether or not
submitted to condominium ownership pursuant to this Declaration by amend-
ment hereto), including the right to maintain models and a sales office, place
signs, employ sales personnel, use the Common Elements, and show Apart-
ments, and including the right to carry on construction activity. Any such
models, sales office, signs and any other items pertaining to such sales
efforts shall not be considered a part of -the Common Elements and shall
remain the property of the Developer. This Article XXVI may not be suspend-
ed, superseded or modified in any manner by any amendment to the Declara-
z 26
g00K 3U4 PAGE 1421
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RUDEN, BARN ETT, McCIOSKr b SCHUSiER, ATTO ANErS Ai LAW. 25 SOUiM ANDREWS AVENUE. FORT LAUDERDALE. FIOR~DA
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