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HomeMy WebLinkAbout080512. MEI~ERSHIP IN ASSOCIATION AND VOTING RIGHTS. 12.1 Membershi~ . Every owner of a unit, whether he has acquired title~y purcfiase from Declarant, Declarant's grantees, successors or assigns, or by gift, conveyance or operation of law, is bound to and hereby agrees that he shall accept membership in the Association and does hereby agree to be bound by this Declaration, the By-Laws of the Association and the rules and regulations enacted pursuant thereto, and the provisions and requirements of the Condominium Act and lawful amendments thereto. Membership is automatic upon acquisition of a unit and approval by the Association, and may not be transferred apart and separate from a transfer of the ownership of a unit. Membership shall automatically terminate upon sale or transfer of the unit, whether voluntary or involuntary. 12.2 Votinq Rights. There shall be one person with respect to each unit who shall rie entitled to vote at any meeting of the unit owners. If a unit is owned by more than one individual, the owners of said unit shall designate one of them as the voting member. If a unit is owned by a corporation, the Board of Directors of the corporation by duly passed resolution shall designate one of its officers or employees as the voting member. If a unit is owned by a partnership all of the partners by an appropriate resolution shall designate one of the partners as the voting member. If a unit is owned by more than one trustee, all of the trustees shall designate one of the trustees as the voting member. The By-Laws of the Association shall govern the proceedings ~o follow in designating an individual as the voting member of the unit. If one individual owns more than one unit, he shall have as many votes as the number of units that he owns. The vote of a unit is not divisible. 13. THE ASSOCIATION. The operation and management of the condominium property shall be by THE WOODLAND OWNERS ASSOCIATION, INC.; a corporation not for profit under the laws of the State of Florida. Further, the Association shall operate and manage any future condominiums constructed upon the balance of The Woodland Condominium Apartments. The Asso- ciation shall have all of the powers and duties set forth in the Condominium Act, and all of the powers and duties granted to or imposed upon it by this Declaration, the Articles of Incor- poration, and the By-Laws of the Association. A copy of the Articles of Incorporation and By-Laws of the Association are attached hereto as Exhibits D and E, respectively, and incorporated herein by reference. 13.1 Limitation Upon Liability of Association. Notwithstanding the duty of the Association to maintain and repair parts of the condominium property, the Association shall not be liable to unit owners for injury or damage, other than the cost of maintenance and repair, caused by any latent condition of the property to be repaired and maintained by the Association or caused by the elements or other unit owners or persons. 13.2 Notice of Contingent Liabilit~. In any legal action in which the Association may be exposed to liability in excess of insurance coverage protecting it and the unit owners, the Association shall give notice of the exposure within a reasonable time to all unit owners who may be exposed to the -9- ' _ x'•,'Yc~2~A~.ti~ _..- ... FEE. KOBLEGARD & TEEI~ P. A. ATTORNEYS AT LAW P09T OFFICE BOl( 1000 FORT PIERCE. FLORIOA 33150 T[~E-NONE: (305/ ~31-s020 ~3~5 y~ 8t~3 K.~ +:SU~~`~r Y