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HomeMy WebLinkAbout1243(3) Gift, Devise or Inheritance; Other Transfers. If t e un t owner g v ng not ce as acqu re is title by gift, devise or inheritance or in any other manner~ then within thirty (30) days after receipt of such notice and information the Association must either approve or disapprove the continuance of the unit owner's ownership of his unit. If approved, the approval shall be stated in a Certificate executed by the President or any Vi_ce President and Secretary or any Assistant Secretary in recordable form and shall be delivered to the unit owner and shall be recorded in the Public Records of St. Lucie County~ Florida, at the expense of the unit owner. 11.2 Disa roval b Association. If the Association shal isapprove a trans er o ownership of a unit, the matter shall be disposed of in the following manner: a. Sale to Unit Owners. If the proposed transaction is a sa e, t en wit in seven (7) days of receipt of such notice and information, the Association must notify all record unit owners of the proposed sale accompanied by all documentation provided pursuant to 11,1 a. (1) above. Wittiin twenty-one (21) days after receipt of such notice and information from the Association, each record unit owner, except'the record unit owner who is offering his unit for sale, shall have the right to purchase said unit on the same terms and conditions as contained in the said notice and information. Each unit owner desiring to participate in purchase of the unit offered for sale or any interest therein shall be entitled to acquire his proportionate share of the interest offered for sale in the ratio of his ownership of the common elements to the total ownership of common elements of all unit owners participating in said purchase, the formula for such is as follows: Individual participating unit owners common elements Proportionate share of ~articipating unit owner = Sum of all common element ownership of all unit owners' participation in the said purchase. b. Sale to Non-Unit Owner. If the proposed transaction is a sa e an no unit owner exercises his rights as set forth in Paragraph 11.2 a. above. then within thirty (30) days after receipt of notice and information of sale the Association shall deliver or mail by certified mail to the unit owner an agreement to purchase by a purchaser approved by a majority of the membership of the Association who will purchase and to whom the parcel unit owner must sell the parcel unit upon the following terms: (1) At the option of the purchaser to be stated in the agreement, the price to be paid shall be that stated in the disapproved contract to sell, or shall be the fair market value deter- mined by arbitration in accordance with the then existing rules of the American Arbitration Associ- ation, except that the arbitrators shall be two appraisers appointed by the American Arbitration~ Association who shall base their determination upon an average of their appraisals of the unit; and a judg~tent of specific performance of the sale ` 9 - g07~K J`t~ PAGf ~~ i HELItWELL. MELROSE b OEWOL~, NINTN FLOOR, 1401 BRICKELL AVENUE, M~AM1, FlORIOA 33131 • TEIEPHONE (305) 373-757f ~ -.g~~ r _.:T ~` ,:._ _ " ,. `~--~....1~ ~ ~.~~s:':_ ..r- >:;~- ?~ _ - .. _ -~i~'"-~s.~x^