HomeMy WebLinkAbout0443ARTICLE VII
OWNERSHIP OF COMMON ELEMENTS
Each of the Unit Owners shall own an undivided share in
the Common Elements and Limited Common Elements as appurtenant
to that Unit Owner's ownership of a Condominium Unit, The
undivided share in the Common Elements and Limited Common
Elements for each Unit stated as percentages of such ownership
thereof with respect to Phase I are set forth in Fxhibit C-1
attached hereto and made a part hereof. These shares shall
be adjusted if, as and when Phase II or phases I? and III are
added to the Condominium in conformance with tliis ?leclaration
and the undivided share in the Common Flements and Limited
Common Elements for each Unit stated as percentages oE such
ownership thereof if, as and when said Phase or phases are
added to the Condinium are set forth in Exhibits C-2 and
C-3 and made a part hereof. Exhibit C-1 applies if only
Phase I is included in this Condominium; Exhibit C-2 applies
if only Phase II is added to this Condominium; Fxhibit C-3
applies if both Phases II and III are added to this ('ondoir.inium.
No Unit's percentage share shall be increased by adjustment
due to additional Phases being added to this Condominium and
the undivi_ded shares of all Units in the Condominium at anv
time shall equal 100%. ~
The fee title to each Condominium-L'nit shall include
both the Condominium ilnit and the undivided share in the
said Common Elements appurtenant to such Unit. The said
undivided interest in the Common Elements shall be deemed to
be conveyed or encumbered with its respective Condominium
Unit, even though the description in the instrument of
conveyance or encumbrance may refer only to the Condo~rinium
Unit. Any attempt to separate the fee title to a t;ondominium
Unit from the un~'ivided interest in the said Common Elements
appurtenant to such i)nit shall be of no effect and shall be
null and void. . -
ARTICLE VIII
COMMON EXPENSES AND CO^~I'~'ON S(IF.PLUS
A. The Common Expenses shall be shared and the ''Common
Surplus" (as the same is defined in the Condominium Act)
shall be owned by each Unit Owner in vrovortion to each L~nit
Owner's percentage share in the Common Elements as set forth
in Exhibits C-1 through C-3 attached to this Declaration and
made a part hereof.
B. Notwithstanding the provisions of precedinQ subnaragranh
A above, the cost of repair, replacement or modification of
Li~rited Common Elements can, at the discretion of the Board
of Directors of the Association, be assessed as a Limited
Assess~rent, so long as the exercise of this discretion is
undertaken in a fair, consistent and reasor.able manner.
ARTICLE IX
CONDOMINIUM ASSOCIATION '_`'~E"~:BERSHIP
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~ A. Every Condominium Unit Owner shall automaticallv
become a Member of the Association upcn acquisition of
ownership of a Condominium Unit. '.~[embership in the Association
may not be transferred apart and separate from a transfer o~
ownership of a Unit and shall be subject to terms and conditions
of Chis Declaration, the Bylaws of the Asscciation, any
rules and regulations enacted pursuant thereto and the
provisions of the Condominium Act (Chapter 718, Florida
Statutes). Membership shall autcmatically terminate uncn
sale or transfer of the Unit~ whether voluntary or involuntarv.
B. There shall be one person with resnect to the
ownership of each Condominium Lnit who shall be entitled to
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