HomeMy WebLinkAbout0451occupancy or possession of the parcel of the deceased owner,
he shall advise the Association in writing of his intention
of residing in the parcel~ of his or their current address
and such additional information reasonably required by the
Association, The Association shall have thirty (30) days
thereafter to advise said person or persons in writing,
delivered or maile~.to the said current address, whether his
or their occupancy and ownership of the parcel is approved.
The failure of the Association to give such advice within
the said thirty (30) days shall be deemed automatic aporoval:
If the Association does not anprove the~ownership and/or
occupancy of the parcel by said person or persons and so
notifies them, said person or persons shall remain in occupancy
only until the Association or such other person or persons
shall have procured a purchaser acceptable to the Association
for said parcel at a fair market value therefor, established
by the Association, which value shall be conclusive upon all
persons for all purposes unless grossly inadequate or fraudulent.
Thereupon, the person or persons havin~ titZe, possession
and/or occupancy of said parcel shall execute such papers
and documents as the Association may require to effect the
transfer of title, possession and occupancyo uf the parcel to
such purchaser, which purchaser ma_y be the Association.
attributable to the unit becoming due after the owner's
death, all of which shall be fully due and payable as if the
unit owner had not died.
(3) Nothing in this Article shall be deemed to
reduce, forgive or abate an_y amounts due the Association
from the unit owner at the time of his death, nor the assessments
(4) Nothing herein shall prevent the sale and transfer
of a condominium parcel by the owner thereof in the manner
otherwise provided in this Declaration.
ARTICLE XVIII
DEVELOPER'S RIGHTS AND PRIVILEGES
A. The provisions of Article XVII of_ this Declaration
resnecting sale, transfer and lease of condominium parce?s
shall not be applicable to the Developer who is submitting
the Condominium Property to the condominium form of ownershin.
The Developer has and reserves the right to sell, lease or
rent condominium units to any purchaser or lessee approved
by it, subject, however, to the use restrictions herein
provided. The Developer. shall have the right to transact
any business necessary to consummate the sale of units
including but not limited to the right to maintain models,
advertise on the premises and use the Common Elements. In
the event there are unsold parcels the Developer retains the
right to ownership thereof under the same terms and obligations
as other owners of condominium parcels exceut as elsewhere
herein provided. The Developer may sell, lease, mortgage
and/or rent parcels owned by it to any person or persons
whomsoever and the provisions of Article XVII shall not be
applicable to Developer or to any such sale, mortgage,
conveyance or lease b_y the Developer notwithstandinp, anything
to the contrary contained in this Declaration, the Bylaws or
the Charter of the Association.
B. So long as the Developer holds anv units for sale
in the ordinary course of business none of the follo~•ing
actions may be taken by the Condominium Association, either
through act of its Board of Directors or its membership,
without Developer's approval in writing:
1. Assessment of the Developer as a unit owner for
capital improvements; and
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