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HomeMy WebLinkAbout1679 Association except to a bank, life insurance company or a savings and loan association, or to a vendor to secure a portion or all of the purchase price. The approval of any other mortgagee may be upon conditions determined by the Association or may be arbitrarily withheld. 5. Exceptions: The foregoing provisions of this section entitled "Maintenance of Community Interests" shall not apply to a transfer to or purchase by a bank, life insurance company or savings and loan association that acquires its title as the result of owning a mortgage upon the apartment concerned, and this shall be so whether the title is acquired by deed from the mortgagor, his successors or assigns, or through foreclosure proceedings; nor shall such provisions apply to a transfer, sale or lease by a bank, life insurance company or savings and loan association that so acquires the title to an apartment at a duly advertised public sale with open bidding provided by law, such as but not limited to execution sale, foreclosure sale, judicial sale or tax sale. Neither shall any of the provisions of this section apply to the sale or lease of any apartment by the Developer. 6. Unauthorized transactions: Any sale, mortgage or lease not authorized pursuant to the terms of the Declaration shall be void unless subsequently approved by the Association. 7. Rights of Developer: Notwithstanding anything herein to the contrary, until the Developer has sold all of the apartments in INDIWE CONDOMINIUM, INC.,in each case where the Association shall have the right to purchase an apartment or find a purchaser by reason of its refusal to approve a sale or other transfer, the Developer shall have the right of f irst refusal to purchase such apartment for itself upon the same terms and conditions available to the Association. 8. Developer's Apartments and Privileges: The Developer, until all of the apartments in INDIVUE CONDOMINIUM, INC. have been sold and closed, shall be irrevocably empowered, notwithstanding anything herein to the contrary, to sell, lease or rent apartments to any person approved by it. Said Developer shall have the right to transact upon any condominium property any business necessary to consummate the sale of apartmPnts, including but not limited to the right to mainta~n models,.have signs, staff employees and maintain offices, use the common elements and show apartments. Any sale office, signs, fixtures, furnishings or other tangible personal property belonging to the Developer shall not be considered common elements and shall remain the property of the Developer. ARTICLE XVIII ASSESSMENT: LIABILITY, LIEN AND ENFORCEMENT The Condominium Association is given the authority to administer the operation and management of the Condominium, it being recognized that the delegation of such duties to one entity is in the best interest of the owners of all apartment units. In order to administer properly the operation and management of the Condominium, the Association will incur for the mutual benefit of all the ur,it owners of apartment units, costs and expenses which will be continuing ar non-reoccurring costs, as the case may be. To provide the funds necessary for such proper operation and management, including the exercise of any right of first refusal to purchase or lease, as herein provided and including the maintenance of all areas and functions to be performed as provided herein, the Rssociation has heretofore been granted the right to make, levy and collect assessments against the owners of all apartment units. In furtheance of said grant of authority to Association, to make, levy and collect assessments to pay the costs and expenses for the operation and management of the Condominium, the following provisions shall be operative and binding upon the owners of all apartment units, to-wit: -2 0- (~k a~~x 3~ pacF1s77