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of the last dwelling unit to be constructed at Tarpon Bay Yacht
Club. Membership in the Property Owners Association is mandatory
for all owners.of units in Tarpon Bay Yacht Club, including unit
owners in this Condominium. The Property Owners Association shall
ha~e the power to levy and enforce the collection of assessments
for the expense of managing, maintaining and operating the Common
Property from the owners of all dwelling units in Tarpon Bay Yacht
Club, including the unit owners in this Condominium. The use of
the Common Property is controlled by the Declaration of Covenants
and Restrictions for Tarpon Bay Yacht Club, as recorded at Offi-
cial Record Book 321 , Page 924 , Public Records of St. Lucie
County, Florida, the terms of which are expressly incorporated
herein by reference, and the Articles of Incorporation and By-Laws
of the Property Owners Association.
4. COMMON ELEMENTS. The common elements as shown and
located on Exhibit "B" attached hereto include within its meaning
the following terms:
(a) The ventilation chases, plumbing chases, and
concrete columns within the units; ~
(b) Easements through units for conduits, ducts,
plumbing, wiring and other facilities for the furnishing of
utility services to units and the common elements;~
~( c) An easement of support in every port ion of a
unit which contributes to the support of the building;
(d) Installations for th~ furnishing of utility and
other service to r~ore than one unit or to the common elements
or to a unit other than the unit containing the installation;
and
(e) ihe condominium property which is not included
within the units.
5. LIMITED COMMON ELEMEtJTS. Those areas reserved for the
use of a certain unit to the excYusion of other units are desig-
nated as licuited common elements, and are shown and located on Ex-
hibit "B" attached hereto. The limited common elements include
air-conditioning and heating equipment servicing a unit and locat-
ed outside of that unit, including air-conditioning compressors
and ducts located outside the unit served.
S.1 Responsibility of Ur.it Owners. The unit owner
who has the right to the exclusive use of a limited common element
shall be responsible, at his cost and expense, for the mainten-
ance, care, and preservation of the limited common element. The
Association shall maintain and repair the exterior walls of the
balconies and terraces, and shall regulate the type and installa-
tion of screening enclosing the balconies and terraces, but the
unit owners shall be responsible for the maintenance, care, and
preservation of the screening. ~
5.2 Responsibility of Association. Except as pro-
vided in S.1 above and as elsewhere provided herein, any expense
for the maintenance, repair or replacement relating to common ele-
ments shall be treated and paid for as a part of the common
expenses of the Association. Should any rr~aintenance, repair or
replacement be caused by the negligence or misuse by a unit owner,
his family, guests, employees, and licensees, he shall be
responsible therefor, and the Association shall have the right
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801KJ~S PAGE1,~~
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