Loading...
HomeMy WebLinkAbout0467 i ~ ~ ~~- with the law~ this Declaration and Exhibits attached hereto, upon a finding by the court that the violation complained of is willful and deliberate~ the Unit Owner so violating shall reimburse the Association, as the case may be, for reasonable attorney's fees incurred by it in bringing such action, as determined by the Court, H. Gender~ Sin~ular and Plural. Whenever the context so requires, the use ot any gender shall be deemed to include all genders, and the use of the singular shall include the plural~ and of the plural shall include the singular. The provisions of the Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan zor zne operation of the Condominium. I. Subject Clause as to the Land. The real property submitted to Condominium ownership herewith is sub~ect to conditions, limitations, restrictions and all matters of record, applicable zoning ordinances now existing or which may hereafter exist, easements for ing,ress and egress for pedestrian and vehicular purposes, easements for utility service and drainage now existing or hereafter granted by~ the Developer for the benefit of such persons as the Developer designates. During the period of time that the Developer has the right to grant the foregoing easements, the consent and approval of the Association and its members shall not be required. The right to grant the fore~oing easements shall be subject to said easements not structually weakening the building(s) and improvements upon the Condominium Property nor unreasonably interfering with the enjoyment ~f the Condomir.i~m Property by the Association's members. J. Captions. The captions used in this Declaration and Exhibits annexed hereto are inserted solely as a matter of convenience and shall not be relied upon and/or used in construing the effect or meaning of -any of the text of this Declaration or Exhibits hereto annexed. K. Institutional First i~ortgages. Where an Institutional ~~rs~ mortgage by some circumstances tails to be a first mortgage, but it is evident that it is intended to be a first mortgage, it shall nevertheless, for the purpose of this Declaration and Exhibits annexed, be deemed to be an Institutional first mortgage. L. No Warranties. The Developer specifically disclaims making or intending to have made any warrantv or representations in connection with the Condominium Property or the Condominium Documents, except as specifically set forth therein~ or in Chapter 718, Florida Statutes, and no verson shall rely upon any warranty or representation not so specifically made. M. T.V., Water and Sewerage Service. In order to insure the Condominium ot adequate and unif_orm television cable service, water service and sewage disposal service, the Developer shall have and hereby reserves the exclusive right to contract for the servicing of this Condominium and the Unit Owners'therein with said services. The use of such service(s) may be mandatory. This right~may be terminated by a waiver.executed by the neveloner in writin~ and delivered to the Condominium Association. N. Furniture. All furniture that may be included in the initia~ sale of a Condominium Unit shall become the personalty of the Unir. Owner and shall not be a Common Element or Limited Common Element. Said furniture shall be the maintenance, replacement and repair obligation of the Unit Owner. 0. No Time - Share F.states. No time - share estates shall be, will or may be created with respect to Units in any phase of this Condominium. -3~- ~~`~3~9 ~~GE 4fi8 _~ ~