Decl Of Condo

Condominium Declaration Gulf Shores Association Inc.

7401Sb30 1'

Condominium plate Pmrtaining hereto are recorded in Plat Book i6, Pages 122,123,

L

L4!34 ?*&E1167

was prepared by: Donald R. Hall Law Ofrices, Goza, Hall and Watts, 50 South Beicher Road, Clearwater,P. Florida, 33515

DECLARATION OF CONDOMINIUM OWNERSHIP OF GULF SHORES, A CONDOMINIUM This is a Declaration

or Condominium or December, 1973, by SOUTH made this 26th RIDGE ASSOCIATES, a Florida generalday ship, herejnarter

Called "Oevelaper" qrantees and assigns to its grantees, ror itself and its SUccessors, assigns, and their heirs, successors and assigns: the Developer described, and desires to submit owns certain real property hereinarter the improvements located thereon, the said rea) Property together with to Condominium ownership, in cj!!Ps.fir 711 (1967), accordance Statutes amended, and hereinafter to as [he Cohdominium Act, in accordance with conditions or this Declaration termeThod

WHEREIN, the Developer hereby makes the- following declarations. -

1.

Placed

in Condo,ninium Ownership. following described Property, hereinafter The referred to as Condominium Property, is submitted to Condominium ownership: 1.1

That certain real Property the legal description of which is a part hereof as Exhibit A—i. attached hereto, and by reFerence made -

1.2

Located Thereon. erected or installed on said land, All improvements including the building 101 Apartments, containing together with related Caciljties The Developer is responsible ror the construction or said improvements--2.

The Condominium is to identiry by the name or with the address oF 18650 Gulr Shores, Florida, Boulevard,

GULF SHORES, a condominium

Indian

3. Name of Condominium Association Condominium Association is GULF SHORES The name of the ASSOCIATION, INC., a Florida non.prorit corporation, referred to as "Assodjationli. The By—Laws and Articles hereinafter or Incorporation of Association hereto as Exhibits n—i and 8—2. :are attached

— 4.

The terms used and Articles orDefInitions Incorporation shall have theherein, and in the By—Laws Condominium Act, and as follows: meaning stated in The -

Act.

4.1

means unit as derined

The Condominium should be construed as CondominiumbyParcel context so implies. whenever the 4.2 Common Elements That portion of the Condominium Property not included in the and all personal property may be owned by Association rrom time to time. 4 3 Condominium Parcel. The Apartment an undfljlded interest in the common elements together with appurtenant thereto.

4,4

Property as a

Condomjnlun:

This means all of the Condominium hen the context so 'IMLUS eo-

Itilt

'.4134 mctlJ.os

this

4.5 GULF 5HUflf5 Condominium is a part;

4.6

A residential development of which

Owner.

Any Individual, Corporate entity capable of holding title trustee or other to real t the Developer,

4,7

Common expense

riot be limited to:

shall

hut

A'. Administration Expenses or administration expenses or maintenance, operation, repair or replace. ment of any or all or the conl,non elements; and or the portions Apartments to be maintained of

of Association

by Association.

0.

Expense.

Expenses declarcu of this Dy—Laws, Manage-nent and administration Provisions or the Association, Declaration, including but not limited to compensation paid by the Association to a managing agent, attorney, and other employees. common expenses by

other valid charge Condominium Property as a whole Any to be common expense. C.

against

the

4.8

Plural and so permits, the use of Whenever the the plural shall include the singular, context singular shall include the plural, and the the use of any gender shall be deemed to include all genders. 4.9

The same as Condominium

Property.

4.10

Institutional First hiort mortgage to a bank, savings and loan association, lire That insurance company other institutional lender or an individual,

made or

4.1].

Limited Common Element. Limited oolamon means and includes those elements which are reserved element For the use or a certain unit or unitsCommon to the exclusion of all other units. 5.

as follows:

Q

!oment±jan

The Condominium Property is

5.1

apartment building and

A

survey

or thaland.showjng placed thereon is attached as Exhibit c—i.

5.2

Improvements will be limited to the following:

includes

one

A.

apartment building.

upon the land include

The Condominium Property

H.

The Condoeinium includes sidewalks and landscaping located cubstantialiy on Property the survey as mentioned above, and which arm part of the cdmmon elements.

5.3

Each Apartment that part of the building contain!,,9 the Aparteent include that lies wiLhjr, the following boundaries:

2—

J

'.4134 r*a1169 A. and Lgw_ar Boundaries. Thb upper and lower boundaries or an Apartment shall be the following boundaries extended to an intersection with the perimetrical boundaries; I.

of the undecorated rinished Ceiling. of the

undecorated

2.

finished floor.

The horizontal plane

The horizontal plane

B.

Perirnstyicai Boundaries. The perimetrical boundaries or the Apartment shall be the Vertical planes of the undecorated finished interior or the walls bounding the Apartment extended to an intersection with each other and with the upper arid lower boundaries.

5.4

ns!mept to Plans and Completion of Improvements.

A, Alteration or Apartment Developer reserves the right to change the interior design Plans, and arrangement or Apartments, and to alter the boundaries between Apartments, so long as the interest of the Developer has not been sold. No such change shall increase the number of Apartments na- alter the boundaries of the common elements nor the boundaries of any apartments in which the interest or the Developer has been eold, without amending this Declaration in the manner required If Developer shall make any dimensional changes in the size herein. or the rooms in the Apartments, such change shall be by an amendment to this declaration. ir more than one (1) Apartment is concerned, the Developer shall apportion between the the share in the common elements which are appurtenant to the concerned.

all

B. Amendment to Declaration An amendment or Declaration reflecting such alteration of Developer need be signed and Apartment plans by acknowledged only by Developer and need not be approved by the Association, Members or the Association, Lienors or llortgageog, whether or not elsewhere required.

this

5.5 as may be required ror

services in order to serve the occupants of the Apartments; utility provided, however, such through an Apartment shall be only easements to the plans and specifications far the Apartment building, according unless for utility services in order to adequately approved Be may be required serve the Condominium and to adequately serve lands in GULF SHORES, whether adjacent to the Condominium Property or not. Easements are also reserved for pedestrian traffic over and across sideealks, same may exist now, and from time to time paths, salks, lanes, as the hereafter existing, for other residents of GULF SHORES, and for vehicular traffic over and across push portions of the common elements as may be from time to time paved and used for that purpose. Encroachments ment, or upon any other apartment by reason or original construction or by the non_purposerul or non_negligent act or an easement appurtenant to such encroaching the Apartment Owner, to the extent or such encroachment, shall exist we long as such encroachment phall exist. ir any common element shall encroach upon any Apartment reason of original construction or the non—purposeful and non— negligent act of Association, then an easement appurtenant to such common element, to the extent of such encroachment, shall exist so long as such encroachment shall exist. 5.

Condominium Building.

—3—

v. t.4j34 I'ACEII7Q

floors

6.1

Pla,-,s.

The apartme9t building

or or which are bhown in the Consists plans attached and which is a correct ,reprsgenta Lion or na ttere therein Contained. respectIvely, all

hereto

A. Exhibit c—i, page 1, showing certificate engineer, and description of of the property. B.

Exhibitc..i

and elevations. 6.2

pages 2 and 3, showing ricer plans

to

shall own a share and certain interest The Owner or bach the Condominium Property, which are appurtenant to his Apartment,inincluding limited to the following items which but not are appurtenant to the several Apartments as indicated: shall have the exclusjv storage closet shall bear the same number as the owner's apartment. B. Common Elements and Surplus, The undivided share in the land and other common elements and any 'common surplus which is appurtenant to each Apartment is shown on the Schedule attached hereto as Exhibit A—2.

maintenance for the maintenance of the Alteration and Im rovement. Responsibility Condominium Property and restrictions the alteration and improvement, thereof upon shall be as follows: 7.

7.1 A. Association. The Association shall maintain, repair and replace at the Association's expense:

1. All portions of an Apartment, except interior surfaces, contributing to the support of portions shall include but not be limited the Apartment building, which to load—bearing columns end load—bearing walls, including all ducts, plumbing, wiring and other facilities for the furnishingconduits, or services (i.e. gas, electric power, cold water and Sewer disposal) portion of the Apartment building maintainedwhich are contained in the by the Association, and all such facilities contained within an Apartment which service part or parts of the Condominium Property other than the Apartment within tained. which con-

utility

2. All incidental damage caused to an Apartment by such work shall be promptly repaired at the expense of the Association. 3. All owners shall be responsible mr their, proportionate share of the common axpenseg for the entire condominium common elements.

H.

Owner.

the Owner shall be as followsi

The responsibility of

1. To maintain, repair and replace at his all portions of hie Apartment except the expense maintained, repaired and replaced by the Association, portions to including all windows, screens and glass, kitchen equipment, doore, patios and balconies contiguous to his unit, and all air flow ducts, and air conditioning equipment, whether contained inside or outsideheating an Apartment, including all non— supporting walls and partitions.

2.

Not to paint 'or otherwise decorate or change

the appearance or any portion or the exterior of

the Apartment Buildiry,

promptly report to the Association any defects or need ror repairs To if the responsibility for the remedying is that of the Association. 3.

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v. R. 4i34 r*&u1171 C. Alteration and Except as elsewhere reserved to Developer, neither an Owner nor the Association shall make any alterations in the portions of an Apartment or Apartment building which are to be maintained by the Association, or remove any portion thereof', or make any additions thereto, do anything which would jeopardize the safety or soundness of theorApartment building and easement, without first obtaining approval in writing from or the Association. the Board of Directors A copy of plans for all such work prepared by an architect licensed to practice in this State shall Association. filed with the 7.2

Common Elements. A.

The maintenance and of the common elements operation including the elevators and swimming pool, shall be the responsibility and the expense of the Association. of the limited common elements shall be The maintenance the pense of the Owner whose unit has a lieited responsibility and the excommon element.

Alteration and Improvement, After the completion of the initial improvements included in the common elements which are contemplated by this Declaration, there further improvements of' common elements shall be no alteration nor without prior approval in writing by the record owners of all the except as provided for herein; provided, however, that alteration or improvement of the common elements may be made if the approval in writinq of not less than 75% of the Owners is Obtained, provided the improvements do not interfere with the rights of Owners not giving their and if the non_approving Owners are relieved of' the cost thereof. consent The cost of any improvement made pursuant to the above provisions shall bs paid in full by the approving Owners as between themselves in proportion to their ownership percentage, There shall be no change in the shares and rights of an Owner in the common elements which are altered or further improved whether or net the Owners contribute to the cost thereof, This paragraph shall not apply to any repairs, replacement or reconstruction made to the common elements caused by casualty. An increase in the common expenses caused by alterations or improvements B.

as contamplated by this paragraph shall be borne only by the approving Owners and not by the Owners. 8.. The making and collection of gainst Owners for commdn expenses shall asseesments a— be pursuant and subject to the following provisions: 0.1

of Common Expense Each Owner shall be liable for a proportionate Share share of the common expenses, and the common surplus. However, share in common surplus shall shall net be withdrawn or distributed by any Owner. any Each Owner's share

shall be set out in

of' the common surplus

Exhibit A—2. Each Owner's share of the common expenses shall be set out in Exhibit R—3. 8.2 Interest: A lication of Pa ments. and installments thereon paid on before ten 10 daysAssessments after the due date shall not bear interest, butorall sums not paid on or before ten (10) days after the dus date shall bear interest at the rate of ten percent (10%) per annum from the date when

due until paid. en account shall be first applied to interest and thsj-m to payment due.

All payments

the assessment

8.3 Lien for Assessments. The Association shell have a lien on each Apartment interest, asT}jj case may be, for any unpaid assess.. ments, or any part thereof, and for interest thereon against the Owners, which lien shall also secure reasonable attorney's fees incurred by the Association incident to the collection of such assesements or the enforcement of such lien. Said lien shall be the time of the recording in the Public Recordseffective from and after Florida, a claim of lien stating the deqpribptionof Pinellas County, interest, the name of the Owner of said interest, of the Apartment the amount due and the date when due, and then

—5—

lion at suns have been Fully paid. Such claims or lien snail be signed and by an officer of the Association. Such lions shall be cuber— to the lien or -a mortgage or other liens recorded prior to the date of recording of the claim or lien, rot assessments may be by suit brought in the name of Liens the Association in like manner as a foreclosure or a mortgage In any such foreclosure, the Owner or the Apartmenton real property. interesu being roreclosed an snafi be required to pay. a reasonable rental ror the Association shall be entitled, and the as a matter of law, to ct a receiver to collect the same. the appointment The Association may also sue to c'Jer a money judgment on unpaid assessments re— without waiving the lien to secure same. -rhe.J.ien shall be deemed to be prior to the creation. or- any hdmestead status to and superior and every apartment interest hereby consents or an -to the imposition àr such lien prior t.o homestead status.

snail

-.

9.

Sales Promotion on Premises. Developer may designate an agent, or agents, and shall have the right to sail or lease its interest in and to the Apartments, to any person or corporation approved by it and for any laurul. purpose, withodt approval of the Association as hereinafter stated, and it shall have the right to conduct on the Condominium consummate the sale or its Property any and all business necessary to in each respective Cluding) but not limited to;interest inthe right to maintain models, employees in the office, use-of common elements, have signs, and the right to show A sales office, sign and all items Pertaining to sales shall not be Considered common elements and shall remain the property of the Developer or it sales agent. event there are unsold Apartments, In the retains the right to be the Owner thereof, under the sametheterms and Conditions as other Owners except it will not be obligated for any common expense, including maintenance or assessm9nts while Owner of unsold Apartments. -

-

-

10.

Members of Association, 10.1

shall consist of all of the record The Members of the Association Owners or may be. as the .

-

-

-

10.2 ear Membership. Change of membership the Association shall be established by recording in the Public in of Pinellas County,

Records Florida, a deed or other instrument establishing a transfer of the interest of a Member. The Owner designated by such instrument theieby shall become a Member of the Association, and the membership of the prior Owner shall- be terminated. the above, the membership shall Notwithstanding. not be changed nor shall the new Owner be entitled to vote until the new Owner is approuqd as set

10..

be

one

I

hts.

members or the Association

vote ror each

owned by them..

10.4

Oesi nation or Votin He resentative Apartment interest is owned by one If an be established by the record title 1 person, his-right to vote shafl. to his Apartment. If an Apartment £pterest is owned by more than one (1)- person, or is under short_term lease, the person entitled to cast the vote for the be designated by a shall certificate signed by all, of the record the Owners of and filed with the Association. IF an ucisned by a corporation, trust or association, is the person entitled to the vote for the Apartment shall be by a certificate $j.gned by the President or Vice President designated and attested by the Secretary Assistant Secretary or the corporation or association or by the Trustee, if owned by a Irust. This certificate should be filed with tJie Association. Such certificate shall be valid until removed or ul-itil superseded by subsequent certificate, or until a change in ownership or the Apartment is properly completed, A certiricats designating the person concerned entitled to cast the vote of an Apartment may b.c revoked oy the Owner thereof at any time, The above requirements to corporation shall not apply to and any representative of said corporatiop shallbe -

-

entitled to cast

Hi

-

-

of said corporatiohe.

-

entitled to vote Apartments owned by either —6—

-

t '.4134 ?ACE1j,73

10.5

The share or a Member in the OP Sharea ,anq Assats. funds and assets or the Association be assigned, cannot or transferred in any manner except appurtenance of his as an interest.

—

-

collected

11.

Taxes,

Heal property taxes shall be absessad and and not on the Condominium Property a whole. In the event a as real property tax is assessed against any of the Condominium Property, the said tax shall be the common expense. An Duiper would be responsible deemed as part of, to his specific Apartment. Por the taxes as on the

12. Use Restrictions The use of the Condominium shall be in accordance urith the Property Pollowing provisions so long Condominium exists and so long as the as the apartment building useful condition on the land. exists in a

-

,

'12.1

Each the Apartments shall be occupied 'only by a single family and guests, as a residence and no other purpose. Except as for resorveci to Developer before sale, may be divided or sub—divided no into a smaller unit, nor any portion thereof sold or otherwise transrerred, without first Properly amending this Declaration to show the changes

in the

affected thereby.

to be

12.2

tad and Common Elements. common elements shall be used only for the purposes PorThe limited and intended in the furnishing services and facilities which they are

ment or the Apartments.

'

forthe enjoy-

12.3 the Condominium Property,Nuisances. No nuisances shall be allowed uponnor any use or practice which is the or annoyance to residents or source which interferes with the

session and proper use of the Property posby its residents.peaceful of the property shall be kept in All parts a clean and sanitary rubbish, refuse condition, and allowed to accumulate allowed to exist.or garbage nor any fire hazard no No Apartment Owner shall permit any use of his Apartment or make any use of the common elements which will increase the rate of insurance upon the Condominium Property. 12.4 Lawful Use. No or unlawful use shall immoral, improper, offensive made of the Condominium thereof, and all valid be laws, zoning ordinances 'andProperty nor any part all of bodies having The responsibility or meeting the thereor shall be observed, requirements of governmental bodies which require maintenance, or reapir of the Condominium Property shall be the same modification as 'the responsibility for the maintenance and repair of the property concerned. 12.5 After approval by the Association iilsewhere required, entire Apartments may be ranted provided the occupancy is only, by the lessee may be rented except as part of and his family or guests. No rooms leasing of an entirq Leases shall not be for periods the of less than thirty (30) days. 12.6 tions. Reasonable. regulatjo05 the use of the Condominium Property may be made and amended concerning to time by the Hoard Prom time or Directors or the Association, do not conflict provided said

with this Declaration or the or such regulations and amendments By—Laws. by the Association to all Owners thereto shall be furnished upop request. - and residents of the Condominium

12.7 Patio and Balcony change made by any Owner of' an apartment to Restrictions. There shall be no patio or balceny'that is adjacent to his condominium unit. of spreen enclosure, glass jalousie This restriction shall prohibit any type enclosure or railing of any type or natUre from being constructed in or upon a patio or balcony. Thu ra— str4.ction shall apply to any improvement., made to a patio or balcony and is not'limjtad to Just the type of mentioned heroin but shall apply to any type of improvement. This restriction shall be a covenant running iith the land and enforceable by the Association. 1). Maintenance of Interest,' Tha Developer is attempting to create a community of residents in this condominium, and prospective purchasers of the Apartment interest shall be

4134 screened by the Developer such of this is to organize andwith maintain pruposas in view.

The purpose financially responsible a community or residents who are thus Protecting the values or interests The transfer or the Apartment the then the Developer by shall be subject to the interest following any Owner other long as the Condominium Provisions as and the apartment building Condition exists upon theexists land, which provisions each Ownerin useful to observe; covenants 13.1

Transfers Suiflect to

A. Sale. No Owner may dispose of interest by sale without approval except as provided for an Apartment herein, B. interest by lease without Lease. No Owner may dispose of an approval except as provided for herein. J

13.2

ror Transr.er required for the transfer of The approval is be obtained in the following ownership of Apartment interests shall manner: A.

Notice to Association 1

An Owner intending to make: a bonafide sale of his Apartment interest shall 9ive to the notice of such intention, together Association intended Purchaser and such other with the name and address of the information purchaser as the Association concerning the intended copy of the proposed contract may reasonably require, and an executed .

of sale.

2. Lease. An Owner intending bonafide lease of his Apartment to make a of such intention, together with shall give to the Association notice the name and

lessee and such other information address Of the intended the Association may reasonably concerning the intended lessee as require, and an executed proposed lease. copy of

the

required notice to the Association EôThive Notice if the above receiving knowledge of a transactionis not given, then at any time after or Possession of an Apartment, or event transferring ownership the Association, without notice may approve at its election and o.r disapprove the transaction If the Association or ownership disapproves the Association shall proceed transaction or the as if it had received on the date of

the required notice

such disapproval B.

Sale. If the pale, then within fifteen 1. proposed transaction is a (15) days after receipt information referred to above, the notice and the Association mustofeither the proposed transaction approve or If approved, the Owner nptified and the approval shall be shall be stated in a certificate the Association and delivered executed to the purchaser. -

p

2.

ir the proposed transaction Within fifteen (iTyaays after receipt of such noticeis information, the Association must either

lease, then

and

PVOPOssd transaction certificate executed

lessee.

If

Lease,

approved, the

approve or

the

by the Association, approval shall be stated in a which shall be delivered to

—8—

L

4134 ?A&U175

C.

Inasmuch as the Condominium

of Corporate Owner or Purchaser. and a corporation nay be used only for residential cannot occupy Owner or purchaser of an Apartment for such use, andpurposes, an if the Apartment interest is a approval or ownership by corporation, the the corporation that all may be conditioned persons oceupyiçtg by the Apartment be approved This would also apply as require above. to ownership by a trust. 13.3

if the transfer or ownership of an Apartment interest, the disapproves a disposed of in the following matter shall be mannerr A.

Sale. in the disapproved, the Owner shall the prOposed sale is the Owner still be notifiedby certifi&d mail, and if H days before the desires to consummate such sale, he shall, closing of such sale, give tion of his intention written notice thirty (an) -

to sell on a certa4n to bone ride price and date, together with the notify the members ofother terms thereof, and shall promptly Association of the date Masoolation and the terms. of the sale,

the price

1. the Association Any Owner, after as above QarJan. the Apartment notification at theprice mentioned, shall have an option

by

to purchcse or for the Fair market statea in the disapproved Value which shall be contract to sell, with this whichever is the lesser determined in accordancp Owner shall exercise his amount. The purchasino option by giving to the dissociation at least writtun notice of said fact. fifteen (15) days prior to intended sale or transfer, and after the date of tin' (in) percent depositing with cash of the Association ten purchase price sea good Association shall immediately deposit. This option shall also notify selling Owner faith of these facts. be available to the Developer and the 2. if Option above option is not Not Exercised. In the exercised by the persons then the or corporations event thp Association must either approve the a purchaser mentioned, approved by transaction or furnish according to the price Association who will accept the transaction the Fair market Value inand terms of the dj.sapproved contract, or upon provided accordance with the terms or this at Declaration closing ofAssociation, the intended least ten (10) days before

-

the date of tne

sale, notifies

chaser has

the selling Owner that a pur-. been furnished and that the said ten percent (10%) of purchaser has deposited purchase price as set Association as a goodthe forth above with faith deposit. the

If

3. No Approval. in the event .giving notice to sell received no written notice the Owner from corporations from any Owner or entitled to exercise the capting his price in above mentioned terms the Fair market Value on of the proposed sale or acceptingoption ac— the sale ciate as given in the or before ten (10) days prior the sale or transfer notice above, then the selling Owner to the sole may complete. in his original noticeon the day and at the price and the terms given to sale as mentioned in if the selling Paragraph 13.3/I Owner completes unt4er, the transaction as required above, Association shall fucnishhis here— a ñlaewhere provided herein, which Certificate of Approval as shall bedelivered to the Purchasei. Terms of Sale. in the event and a purchase the option £9 referred to above, or by ais made by an Owner or by the torpOrationt3 sale shall be made accordingpurchaser obtained by the AssQciation, tnn to the following

exercised

4.

terms;

a.

b.

The purchase price shall be

in casn.

The sale shall be closed thirty (30) days after the withLn delivery or mailing of the notice pitçchase to the seLling of Owner, or Value, whichever is determination of Fair Plarkut

later.

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10

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v.i.4134 t*c€1176 c. A Certificate of Association approving the purchase shall be delivered to the Purchaser. d. In the event the selling Owner giving notice receives the acceptances from more than one purchasing Owner, or from one of the corporations having options hereunder, it shall be discretionary with the selling Owner to consummate the sale with whichever ,ofthe accepting parties he chooses. e. The closing costs of said sale shall be borne by the respective' parties in the customary manner. B. Lease. if transaction is a lease, the Owner shall be advised of the disapproval in writing and the lease shall not be made.

13.4 fflortgaqe. No Owner .may mortgage his Apartment interest without the approval of Lhe Association except to a bank, life insurance company, a savings and loan association, reôognized institutional lender, or to a vendor to secure a portion or all of the purchase price. The approval of any other mortgage may be upon conditions determined by tha Association. 13.5 Notice of These Provisions. All Owners, prospective purchasers of Apartment interests, transferees or prospective lessees are given notice of these provisions concerning transfer of an interest, and of an interest, and of all other provisions of this Declaration, and the Association may declare a sale, transfer, mortgage or lease not authorized pursuant to the terms of this Oeclaration to be void unless subsequently approved by Association, and if declared void, appropriate arrangements shall be made for the monies to be refunded, and the Apartment interest reconveyed. Any resolution passed by the Association pursuant to this paragraph or a notice of non—compliance may be recorded in the Public Records of Pinellas County, Florida, to show non—compliance.

13.6 Exceptions. The foregoing provisions of this section entitled "fflainteç*ance of Community Interest" shall not apply to a transfer to or purchase by a bank, life insurance company, savings and loan association or recognized institutional lender that acquires its title as the result of owning a mortgage upon the Apartment interest 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, savings and loan association, or recognized institutional lender that so acquires its title. Neither shall such provisions require the approval of a purchaser who 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. 13.7 Restraint Upon Separation and Partition. Any transfer of an Apartment interest shall include all elements therebf as aforedescribed and appurtenances thereto, whether or not specifically described, including, but not limited to, the Owner's interest in the common elements, and his Association membership and his share of responsibility hereunder.

13.8

Effect of Sale on ffiember's

When a is made in accordance with the above provisions, the Ownü so assigning their interest shall be released of all liability if, at the time of of said transaction, the Owner has paid all sums due frnm as his port,ion of the common expense, together with a sum fixed by the to cover reasonable legal and other expenses in connection with the transfer. if a transfer is made without the Owner's portion or the common expense, then the Owner shall remain liable for said expense Lathe AssocLatlon The Statutory provssxons as set forth until said amount has been paid.

conveyance, sale or

transfer

?*G€1177

in The Condominium Act concerning liability upon transrer in Full rorce and efrect, and shall remain are not made with the payment in the event satisfactory arrangements or sums due rrom an Owner expenses or other sums due hereunder on his common sums nay become a lien on the at the time or transrer, said the Association riles after transfer a claim or lien on interest the Public Records of' Pinellas County, Florida, and the Association may refuse to approve any transfer hereunder until all liability as to the common expense8 has been made.

ir

13.9

Fee The fJrovjsjons Paragraph 13 are established set forth in this ror the beneFit or the entire of GULF SHORES and rot the benefit development In the event it becomes of the Members of Association necessary for the provisions by legal action, or jr Association to enforce these becomes necessary for said organizations to deFend either of a law suit based on the provisions paragraph, then the rdasonable of this Expenses incurred shall be considered a expense.

it

14,.

insurance other than title which shall be carried uponThe the Condominium insurance Property and the of the Owners shall be governed by the rollowing provisions: property 14.1

to Purchase. upon the Condominium All insurance policies Property shall be purchased for the benerit of the by the Association Association and the Owners and their mortgagees as their interests may appear, and issuance or certiricates of shall be made ror the mortgagee endorsements to the mortgage55 of Owners. Owners nay obtain insurance upon their own personal Property, coverage at their or the Apartment for and ror the contents and own expense portions which they are responsible, liability and living expense. and ror their personal Each owner shall be responsible for obtaining insurance the major appliances coverage upon his own personal property and for contained in his respective unit. 14.2 A.

All buildings and improvements upon the land and all personal shall be insured in an amount Property included in the common elements equal to the maximum Insurable ment value, exclusive or replace.. by the HOard of Directors foundation and excavation costs, as determined arrord protection against: of the Association Such Coverage shall

covered by a standard

1.

.h22.!

or Damage by Fire and other hazards

extended coverage

endorsement; and 2, Such Other Risks shall be customarily covered as from time to time with respect to buildings construction, location and use similar in as the but not limited to vandalism buildings on the land, Including, and malicious mischief'

B.

such coverage as shall be required in such amounts and with by the Board or Association, including but not limited Oirectore or the to hired automobile pwnerj automobile and non— and with croes liability cover liabilities coverage5, of the Owners as a group to endorsement to subrogation claims against individual an Owner and with non... Owners.

C.

of law.

of the Association 14.3

purchased by the Common expense.

Compensation policy to meet

the

0, Such Other Insurance as the Board of Directors shall determine from time to time to be desirable,

Premiums.

Premiums upon insurance Policies shall be paid by the Association as

insurance policies

_1I_

a

-12-.

4134 LMCEU7S

benefit of the Association, the Apartment Owners, their respective mortgagees, as their interests may appear, and shall provide that all proceeds covering property losses shall be paid to the insurance Trustee, or to such other bank in Florida with trust powers 65 may be designated as insurance Teustee by the Board or Directors of the Association, which Trustoeis herein referred to as the "insurance trustee". The insurance trustee shall not be liable ror the payment or premiums nor for the renewal or the sufficiency of the policy nor ror the failure to collect any insurance proceeds. The duty of the insurance trustee shall be to receive such proceeds as they are paid and to hold same in trust for the purposes elsewhere stated herein and for the benefit of the unit Owners, thTir mortgagses, and the trustee in the following shares, but which shares need not be set forth on the records of the insurance trustee: A. Common Elements and Limited Common Elements. Proceeds on account of damage to common elements or limited common elements — that undivided share for each Apartment Owner and his mortgagee which is identical to and the same as the undivided share in the common element and limited common elements appurtenant to

his unit.

I). Apartments. Proceeds on account of damage to Apartments shall be held in the following manner in undivided

shares:

1. When the Building Is to Be Restored. For the Ownsrs.of damaged units in proportion to the cost of repairing the damage suffered by each unit Owner, ehich cost shall be determined by the Association. 2. When the Building Is Totally Destroyed and Is Not to Be Restored. For all Apartment Owners, such share being the earns as the undivided share in the common elements and limited common elements appurtenant to his unit. -

C. Mortgagees. In the event a mortgagee endorsement has bean issued as to an Apartment, the share of that Apartment Owner shall be held in trust for the mortgagee end the Apartment Owner as their interests may appear; provided, however, that no mortgagee shall have any right to determine or participate in the determination me to whether or not any damaged property shall be reconstructed or repaired, and no mortgagee shall have any right to apply or have epplied to the reduction of the mortgage debt any insurance proceeda except distributions thereof made to the Apartment Owner and the mortgages pursuant to the provisions of this Declaration.

14.5 Distribution of Proceeds. Proceeds of insurance policies received by the insurance trustee shall be distributed to or tar the beneficial Owners after first paying or making provisions ror payment of the expenses of the insurance trustee in the following manner A. Reconstruction or Repair. If the damage for which the proceeds were paid is to be repaired or reconstructed, the shall be paid to defray the cost thereof as elsewhere provided. Any proceeds remaining after defraying the costs shall be distributed to the beneficial Owners; all remittances to property Owners and their mortgagees being payable jointly to them. This is a covenant for the benefit of any mortgagees of an Apartment and may bp enforced by him.

B. Failure to Reconstruct or Repair. If it is determined in the manner elsewhere provided that the damage for which the proceeds are paid shall nat be reconstructed or repaired, the remaining proceeds shall be distributed only to the beneficiary remittances to Apartment Owners and their mortgagees being payable jointly to them. This is a covenant for the benefit of nny mortgagee of an Apartment and may be enforced by him. -

o. ,.4j34 rAcElL7S

C. Certificate in distribution to Owners and their mortgagee5, themaking insurance trustee may rely upon a certificate of the Association Owners and their respecbive shares of as to the names of the Apartment the distribution. of the insurance trustee, the Association Upon request shall forthwith deliver such certificate. U, The Provisions of this section shall not be amended IIithout the prior written approval of all lnstitutipnal cot tgagees. first

14.5

or Repair or Casualty Damage, any part of the common elements damaged by casualty, such portionor limited Common elements shall be be promptly reconstructed or repaired as hereinafter provided for unless such damage renders one— half (1/2) or more of the Apartments untenantable and who, in the aggregate, own seventy_five Owners, percant or more of the sharee, vote against euch reconstr,jctjon or repair at a meeting which shall be called within ninety (90) days after the occurrence of the casualty, or, if by such date, the insurance loss has not been finally then within thirty (30) days thereafter. adjusted, A. Any such reconstructional repairs shall be substantially in accordance with the original plans and specifications of GULF SHORES, a condominium as prepared by the architect. 0. upon or in favor of which may be created as Encroachments a result of suclrreconstruction

-

or repair shall not constitute a claim or basis of the Apartment Owner upon whose property a proceeding or action by such encroachment exists, provided that such reconstruction was either substantially in accordance with the plans and specifications or as the building was originally constructed. Such encroachments shall be allowed to tinue for so long as the building stands, conC,

The insurance trthtee may rely upon a certificate or the certifying as to whether or not the damaged property is to Association be reconstructed or repaired. tion, upon the request of the insurance The Associatrustee shall deliver such certificate as soon as practical, 14.7

parts of one Apartment for which the If the damage is only to those and repair is that of the Owner, then responsibility of maintenance the Apartment Dener shall be responsible for reconstruction and repair after casualty. other instances, the responsibility or in all reconstruction and repair after casualtyshali be that of the Association.

Costs, immediately after a casualty causing damage to Property ror which the Association has responsibility of maintenance and repair, the Association shall obtain ;eliable and detailed estimates of the cost to place the damaged prop— in condition as good as that before the casualty. Such costs may include professional fees and premiums for such bonds as the Board of A,

desires,

0. Assessments. If the proceeds of insurance policies are not sufficient to defray the estimated costs of reconstruction and repair by the Association (including the afOresaid fees premiums, if any) asseesments shall be made against all Apartment Qwners in sufficient amounts to provide funds for the payment of

such

Costs.

C

Constructjontunds

The funds for payment of repair after casualty which shall consist pf proceeds of insurance held by the insurance trustee and funds col— by the Association from assessments against Apartment Owners, be in payment of such coat in the following manner:

posts of reconstruction

-13—

-14-

PAGUISO

1. Association. If the amount of the estimated cost of reconstruction and repair exceeds the total sum of Ten Thousand Dollars then the sums paid upon assessment to meet such cost shall be deposited by the Association with the -

insurance

trustee.

-

2. Insurance Trustee. The proceeds of insurance collected on account of a casualty, and the sums deposited with the insurance trustee by the Association from collections of, assessments against Apartment Owners on account of such casualty, shall constitute a construction fund which shall be disbursed in payment of the costs of reconstruction and repair in the following manner: a. Apartment Owner. The portion of insurance proceeds representinq damages for which the responsibility of reconstruction and repair lies with the Apartment Owner: to such contractors, suppliers and personnel as do the work or supply the materials or services required for such reconstruction or repair, in such amounts and such times as the Apartment Owner nay direct, or-

there is a mortgagee endorsement, then to such payees as the Apartment Owner may direct, and as the first mortgagee may direct. Nothing contained herein, however, shaii be construed so as to limit if

or modify the responsibility of the Apartment. Owner to make such construction or repair, b.

Association — Lesser

Damage.

If

amount of the estimated costs of reconstruction and repair is less than the sum of Tan Thousand Dollars (%tO,000.OO), then the construction fund shall be disbursed in payment of such costs upon the order of the Association; provided, however, that upon the request of a mortgagee which is a beneficiary of an insurance policy, the proceeds of which are included in the construction funds shall De disbursed in the manner hereafter provided for the reconstruction and repair of major damage. c.

amount

Association — Iflajor Damage.

If the

of the estimated costs of reconstruction and repair of the

building or other improvement is more

than the total of

the annual

assessments for common expenses made during the year in which the cas—

ualty

occurred, then the construction fund shall be applied by the insurance trustee to the payment of such cost, and shall be paid to or for the account of the Association from time to time as the work progresses, but not more frequently than once in any calendar month, Said trustee shall make such payments upon the written request of the Association for withdrawal of insurance proceeds accompanied by certificate, dated not more than fifteen (15) days prior to such request, signed by a responsible officer of the Association and by an architect in charge of the work, who be selected by the Association, setting forth that the sum then requested either has been paid by the Association or is justly due to constractors, subcontractors, materialmen, architects, or other persons who have rendered services or furnished materials in connection with the work giving a brief description of the services and materials and any amounts paid prior to the request, and stating that the sum requested does not exceed the value of the services and materials described in a certificate, that except fof the amount stated in such certificate to be due as aforesaid, there is not outstanding indebtedness known to the person signing such certificate after due inquiry, which might become the basis of a vendor's, mechanic's, eaterialman's or similar liens upon such work, against the common elements or any individual Apartment and that the cost as estimated by the persons signing such certificate of the work remaining to be done subeequent to the date of

such certificate does not exceed- the amount of insurance proceeds

remaining in the hands of the insurance trustee after the payment of the sum so requested.

It

shall be presumed that d. the first monies disbursed in payment of such cost o-f reconstruction balance and repair shall be from insurance proceeds; and if there is

—15—

i.4134 in

a construction fund after payment of all costs of the reconstruction and repair ror which the fund is established, such balance shall be disbursed jointly to the Apartment Owners and their mortgagees who are the beneficial Owners of the Fund. C. Insurance Adjustments. Each Apartment Owner shall be deemed to have delegated to the Board of Directors right to adjust with insurance companies all losses under policies his purchased by the Association except in any case where damage is stricted to ond Apartment, subject to the rights of mortgagees ofresuch Apartment Owners.

15. Amendments. this Declaration of Condominium By—Laws of this Association may be amended in the following and the manner except as elsewhere provided for alteration of plans by Developer and alteration by Owner:

15.1 Notice. Notice or the subject matter of a proposed amendment shall be included in the Notice of any meeting at which a proposed amendment is considered. Notice of any proposed amendment to this Declaration of Condominium or to the By—Laws of the Association shall be given to the Developer, if the Developer is in the process of selling Apartments in the development of GULF SHORES. 15.2 Resolution. A resolution adopting a proposed amendment may be proposed by either the Board or Directors or the Association or by the cflembers oF the Association. Directors and Mom— bets not present at the meetings considering the amendment may express their approval in writing or by proxy. Such approvals must either be by not less than three (3) directors or by not less than 75% oF the votes of the Members of the Association, provided the amendment does not increase the number of Apartments nor alter the boundaries of the common elements.

15,3 Proviso. Provided, however, that no amendment shall discriminate against any Owner nor against any Apartment or class or group of Apartments unless the Owners so affected shall consent; and no amendment shall change any Apartment nor the share in the common elements appurtenant to it, nor increase the Owner's share of the common expenses, unless the record Owner of the Apartment concerned and all record owners of mortgages thereon shall join the execution of the amendment. Neither shall an amendment of this Declaration be made which shall in any manner impair the security of any institutional lender having a mortgage or other lien against any Apartment.

15.4 Execution and A copy of each amendment shall be attached to a certificate certifying that the amendment duly adopted, which certificate shall be executed by the officers Was oF the Association with formalities of a deed. The amendment shall be effective when such certificate and copy of the amendment are recorded in the Public Records of Pinellas County, Florida. 16. Termination. following manner:

The Condominium may be terminated in the

16.1 Destruction, in the event it is determined in the manner elsewhere provided that the apartment building shall not be reconstructed because of major damage, the condominium plan of ownership will thereby be terminated without agreement in accordance there-

with,

16.2 The Condominium may be terminated at any time bythe approval in writing of all of the Owners of the Condominium, and by all record owners of mortgages upon Apartments therein owned by a bank, life insurance company or a Federal savings and loan association, and other lien holders.

—15—

—16°.

4134 tAc(1182

16.3 in either or the roregoing manners The termination or the Condominium be evidenced by a certificate of the Association executed by its President and Secretary Certifying as to facts affecting .the termination which certificate shall become effective upon being recorded in the Public Records of Pineilas County, Floriua, The certificate shall also be signed by the parties required hereunder. 16 / diOs? U wners Art er I encip atn q. Aft or termination of the Condominium the Owners own the Condominium Property and all assets of the Asspciation shall as tenants in common in undivided shares, and their respective mortgagees and lienors shall have mortgages upon the respective undivided shares of the Owners. The undivided shares of the common elements appurtenant to the Owner's Apartment prior to termination shall be the seine as the undivided shares or the common elements. -

-,

1,

16.5 Amendment. The section concerning termination cannot be amended without consent or all parties required to terminate this Declaration as stated in Paragraph 16.2 hereof. 17.

Arbitration.

17.1 When Arbitration is to Ow Used. The process of arbitration as herein set forth shall be used when any controversy arises between Owners and Developer, or which arises between the respective Owners or prospective Owners if the controversy or dispute arises as to the construction of any provisions or Declaration, or compliance or non—compliance with any prouisions this of this Declara.. tion, or any dispute which may arise due to the application of Paragraph 13 of this Declaration approval, or the violation of any of the use restrictionsconcerning of the Condominium Property, or any dispute which may arise under the insurance clause hereunder, or under any other specific item which may be designated by an amendment to this Declaration as this Declaration may be amended from time to time,

17.2 Procedure. Arbitration, where so provided for in this agreement, shall proceed pursuant to the Florida Arbitration Code in existence at the time of the dispute. 18. Mortgage Foreclosure. The following provisions shall control any foreclosure or attempted foreclosure of an Apartment;

18.1 Redemption in the event proceeøings are itieti— tuted to foreclose any mortgage on an Apartment, the Association, the Developer, or any one or more of the Apartment Owners right to redeem from the mortgage, for the amount due shall have the under said mortgage including all costs and expenses, and secured or to purchase such Apartment at the foreclosure sale for the amount set forth to be due in the foreclosure decree.

18.2 Ownership byliiortqages. Nothing herein contained shall preclude a mortgage institution, savingsand loan association, insurance company, or other recognized lending institution from owning an Apartment, and such lending institution shall have an unrestricted, absolute right to accept title to the Apartment interest in settlement and satisfaction of said mortgage, or to foreclose the mortgage in accordance with the terms thereof, and in accordance with the laws of the State of Florida, and the right to bid upon said Apartment at the foreclosure sale. 18,3 Sale or Apartment by fflortgagee. If such default is not cured, as aforesaid and ehquld the Association, the Developer or any Wember or Association fail to purchase such mortgage, together with any cost incident thereto, from !the mortgagee, or rail to purchase said Apartment at the sale,- and in the event the mortgagee takes title to the Apartmen$ by foreclosure, or by taking title in lieu of foreclosure, the said mortgagee nay sell said

-I,

—17—

'4134 r*itljS3 Apartment, and the Association, any of its members and the shall have option to purchase the Apartment at any time the mortgages owns an Apartment, in said event, the approval procedure as set forth herein should not be followed. 18.4 Amounts Due from a hortgaqe Owner. In the event a mortgagee takes title in lieu or foreclosure, or forecloses, and there remains unpaid assessments for common expenses as to an individual Apartment, the said amounts shall be treated as common expenses, and the other Owners shall be assessed_Lor said amount. If a savings and loan association, bank or insurance mortgagee acquires title hereunder, the said mort'ga9ee shaLl be required to pay the amounts due, from time to time, the-same as any Owner, or the portion the former Owner was required to pay for and management. It shall be responsible for assessments which may be made from time to time against

its Apartment.

-

18.5 Lion fat- Cuting Detault. In the event the Associathe Developer, or any Member of Association cures a member's mortgage therefore during a default, said party shall have a lien against the Apartment interest for all Bums expended in connection therewith, and shall have the right to collect said sums as in the case of past due assessments. tion,

19. Purchase of Apartment by Association and Parking. The Association shall have the power to purchase an Apartment interest subject to the following provisions:

19.1 Decision. Thu decision of Association to purchase an Apartment interest shall be made by directors, without approval of its membership.

19.2 Parking Plan. The initial directors of the Association shall establish a parking plan and will assign one (1) parking space to each of the units in the Condominium. Additional parking spaces shall be allocated as guest parking spaces and shall be used in common by Owners' guests and inuitees, pursuant to reason-. able rules and regulations to be adopted from time to time by the Association. The parking plan need not be recorded in the Public Records but the Association shall keep said plan in its records and make same available to unit Owners at all reasonable times. 20. Determination of Fair market Value. Whenever the tore "Fair market Value" is used herein, it shall mean the reasonable value of an Apartment interest at the time or sale, taking into consideration the amount paid for said Apartment interest, the applicable portion of any outstanding mortgage encumbering the property, the condition of the market for such interest, and condition or the Apartment, and the equipment located therein, and any other facts which may have a bearing on said price. In the event the price set by the Association is net agreeable, the average of three (3) independent real estate appraisers shall be the determining factor. -

21,

Miscellaneous.

21.1 Who Shall Be Governed. The Apartment interest Owner, his tenant, family, employee or guest, or any other person that may in any manner use the Condominium Property or any part of it, are subject to the provisions of The Condominium Act, this Declaration and the By—Laws of Association. -

21.2 Compliance and Default. Each Owner shall be governed by and shall comply with the terms of the Declaration of Condominium, By—Laws and regulations adopted pursuant thereto and said documents and regulations as they may be amended from time to time. Failure of Owner to comply therewith shall entitle the Association or other Apartment Owners to ths relief provided under The Condominium Act, and to other relief legally available.

—

7—

&'.

I.

4134 'wiJS

21.3

Any Owner shall bd liable for expense of any maintenance, the repair or replacement by his act, neglect or carelessness rendered necessary or by that of any member of his family, or his or her guasts, or lessees, extent that such expense ià notemployees met by the proceeds but only to the carried by the Association of insurance Such liability, shall include in rire insurance rates occasioned any increase abandonment of an Apartment interestby use, misuse, Occupancy or or its aPpurtenance, or of the common elements. 21.4

and Attorney's arising because of an alleged failure of Owner to In any Proceeding of the Declaration, comply with the terms By—Laws or adopted pursuant thereto, as said documents and regulations may be amended from time to time, the prevailing party shall be entitled to recover the costs of the and such reasonable attorney'5 proceedin as may be awarduci by the Court. 21.5

The railure of the or Owner to enforce any covenant, restriction or other provisions of the Condominium Act, this Declaration, the By—Laws, or the regulations adopted, pursuant thereto, shall not constitute a waiver of the to do 50 thereafter right

21.6

The invalidity in whole or in part restriction, or any other section, sentence, clause, phrase or word, subsection, or other provisions tion, the By—Laws and regulations of this Declaraof the Association the validity ef the remaining shall not affect portions thereof. invalidity of any of the uses of SPecifically the arbitration as herein set forth shall not afrect any or the remaining uses Pertaining to arbitration. IN WITNESS WHEREOF the Developer and seal has hereunto. eat hie head and year first above written.

of any covenantor

Signed, sealed and delivered

SOUTH RIDGE ASSOCIATES, a Partnership, not incorporated, existing under the laws of the

iii, the presence of: /

,

STATE OF FLORIDA

COUNTY OF PINELLAS Before me, the undersigned authority, appeared day Personally a general partner of this and he acknowledged SOUTH RIDGE ASSOCIATES, before me that he is duly authorized en behalf said Partnership to execute instruments or and that he executed the foregoing instrument as such partner on behalf of said uses and Purposes therein expressed. Partnership for the WITNESS my hand last aforesaid thi5 26th dayand official seal of

in the Statth and.County

!.nb!, 1973. -

My

Commission Expires;

My CcIMM!U,nn !x,,n.

10P40th THRv

-18\

'NsUunc,

c-

.' -.

SI

_____________________

(.1.4134 MG11185 STATE

or

FLORIDA

COUNTY OF PINELLAS

Personally bppearecj before me, the undersigned authority who being duly deposes and says that he is one or the partners of SOUTH RIDGE sworn, ASSOCIATES, a partnership, not incorporated; that the other partners are as followst FRANK 3. MCGUIRE, GERALD P. MCGtJJRE, DONALD P. McGU'IRE as TRUSTEE OF THE FRANK 3. MCGUIRE TRUST, DONALD P. MOGUIRE as TRUSTEE or THE DONALD 3. SMITH; that the partner executing GERALD P. MCGUIRE TRUST, and authority to do so and that the conveyance the conveyance had the was made for carrying on in the usual way the business or

Witness my hand and official seal in the last aforesaid this 17 day of $

and Coupty

197k,

1)

Donald

P. flThcuire

General Partner

Notary Public — -ft

-

My

Expires;

//

—

—'J

t

ii.

4134

JOINDER OF MORTGAGEE

PALMER FIRST NATIONAL BANK AND TRUST COMPANY Of SARASOTA,

herein celled

the mortgagee, the owner and holder oF a mortgage

upon the following described lands in Pinellas County, Florida:

See Lands described in Exhibit A—i attachid hereto which mortgage is dated September

30, 1972, and recorded in 0. fit

Book 3893, page 97, of the Public Records of' Pinellas County, Florida, consents in the making of the foregoing Declaration of Condominium.

Signed, sealed and delivered e or: the press

i

PALMER FIRST NATIONAL BANK AND TRUST COMPANY Df/SARASUTA By

seniof

Via

;

0 4*

0')—

..'

•-: •

•.'./'

°

a 2

—'

.

.

STATE OF FLORIDA COUNTY OF

•

Sarasota

I HEREBY CERTIFY that on this day personally appeared

before

administer oaths and take me, an officer duly authorized to Senior Vice President gwsx

acknowledgments, Richard T. Layton

as

or

PALMER FIRST NATIONAL BANK AND TRUST COMPANY OF SARASOTA, and they acknowledged before me that they executed the Foregoing instrument for the uses and purposes therein expressed as the duly authorized officers of said corporation. WITNESS my hand and official seal in the Stats and County 7th day of February, 1974. last aforesaid this

Notary Public

C)

My Commission expires; 52277

•

k

,y f z •rsc

—20--

L '.4134 MG€1188 GULF SHORES, A CONDOMINIUM Commencing at a point on the Westerly boundary line or Block 11—A, REVISED INDIAN PASS BEACH, Pinch55 County, Florida, P1st Book 4, Page 35, which said pofnt is the Southwestarly corner of Lot

B at Block 11—A, said Lot B or said Block 11—A bordsring on Stella Avenue, according to Pinellas County, P1st Book 4, Page 35, and as shown on thu RssubdjvjSjon Florida, of the Revised Indian Pose Beach, Pitt Book 13, Page 14, Pinellas County, qorida, and run thence in a Northwesterly direction along thu Western boundary line of said Block 11—A, a distance of 300 said

feet fat a P.0.8.; thence along thu said Westerly line of said Block 11—A in a Northwesterly. direction a distance oP 351 feet and including all or the landlying between the; Gulf of Mexico on the West and Gulf Boulevard on the East, within the said distance oP 351 teat and lying within and between tie parallel lines, one extended through

from the Gulf to Boulevard, at

the P.0.B. and the other

through from Gulf to Boulevard at the point established 351 extended feet Northwnt of the P.0.8., said extended parallel linac being likewise parallel to

the Northerly and Southerly boundary line of Block li—A of Revised Indian Peas Beach, as shown on County, Florida, Plat Book 4, Page 35, and as 8ho.n on the Reaubdiwisign of the Revised Indian Pass Busch, PInt Book 13, Page 14, Pineliae County, Florida. Together with all Riparion Pinellas

Rights incident thereto, and all accretions thoreunto appertaining.

EXHIBIT A—i

JOINDER BY

rwilS7

ASSOCIATION

GULF SHORES

ASSOCIATION, INC., Association, hereby joins in and goinq Declaration end consents asking to the tern the therein. and

at S..,

Signed, sealed, and delivered in the presanca oN

.

GULF SHORES

/1

I

4

WI.

Prestdsnt ATTEST:

Secretary (Corporate 514'4

rt?&

STATE or rLORIDA

COUNTY

"S

OF PINELLAS

." 2

'

Before se, the unduraigned authority, this appeared GERALD P. and day pqrsen*ity respectively of GULFKoGUIRE DONRLO MoGUIRE, that they are the dulySHORES ASSOCIATION, INC., Presidant and Sacratary and they that they authorized acknQalsdg.d executed the foregoing officers of said corporation therein expressed. and instrument ror the uses and purposes WITNESS my hand and last aPorasaid this ofricial seal in the State '7 day

1974.

Notary Public My Corseission

''7'

i/fl

—

Stats

Expirox

and County

of Florida

'4134 tuzIlSS GULF SHORES, A CONDOMINIUM

Breakdown or percent. or Comllon ownership In Common ulejente percent and conan surplus attrjbutabls to apartuante:

NO.

PERCENT 101 102 103 104 105 106 107 109

1.162 1.013 1.013 0.764

1.013. 1.013— 1.013 1.013 1.013 0.764 1.013 1.013 1.163 1.098 1.013 1.013 0.764 1.013 1.013 1.013 1.013 1.013 1.013 0.764 1.013 1.013 1.098 0.879 0.879 1.098 1.013 1.01) 0.764 1.013 1.013 1.013 1.013 1.013 1.013 0.764 1.013

111 112 113 114 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 401 *02 403 404 405

1.09$ 0.879 0.879 1.098 1.013 1.013 0.764 1.013 1.01)

406 407 408 409

.1,013

1.013 1.013

41.0

411

1.01)

412 413 414

0.754 1.013 1.013 1.098

EXHIBIT

A—2

(cuntjnusçg on next

cuLr SNORES, A CONDOMINiUM

PERCENT

A9artasnt No.

1

501

•

163

1.013 1.013 0.764

502 503 504 505 506 507 508 509 510

i.i.4134 mcdlSO

1.013 1.013

1.013 1.013 1.013 1.013

0.164

•

511

1.013

512 513 514 601 602 603 604 605 606 601 bOB 609 610 611 612 513 614 701 702

)..013

1.163 1.163 1.013 1.013 0.164 1.013 1.013 1.013 1.013 1.013 1.013 01764 1.013 1.013 1.153 1.163 1.013 1.013 0.164 1.013 1J113 1.013 1.013 1.013 1.013 0.764 1.013 1.013 1.163

704 705 106 701 708 709 710 711 712 713 714

TOTAL

Exhibit A—2

-

Lf'

PINELLUG f3t STY

¶0

P

—

fbbbilenexueF F OF GOLF bUilnGG. A

fbkboeefleilt

F

of boreotore of 0 0 OhLee Mhooeolko, kO (thil pureuooo to Scott o nb ito SJ F rtoflfoj ftnooteol

'sods ood rofororo the Oeo erofejoo of tbhdomfoftoaF

a 000doref boom (0 e he brtgtoeta(y ho Offoola]. 0000rd book 4134 00 rej4 1167, at eeq of tinettoc foooty, to 000r000 a a error to the +000tm ehorfi of ooeoeoo to coot onto

ne folio o

A-i of the bolero

ohkoh to O7rord 0 oh 40.34 on Pegee net aol 01921 of 0000rde e hereby amended rnfor4oad cod eobekktooma n4

fbleibo.o

Offt44 nkoahnF o

!000eokedkmreto admedmoynot hereof Till boendocot is mope eolely for porpoeea act hereto doholl ooo 000eojtoteemej,,et. of the the baeoofntjFonle to eofo a cad roilmoo any teeeeeoeot ohether ofr lmr$md or bef ore this Aoeodmeoo euhjo t' the Sort error.

1

'Io ITN000 ronobor, Ootf

this joan bent Onformin0 Oeolorntjoo of fondoreinjumIoo. hotf bhor4et to be onn0000f by joe foty 000horkoff offjoer. if Obo

forth hobo, 20000qot to

cotton tukao by the bo&f if of Golf bhoreo hoaooiotlon, Inojotodoly obtirid neetiog bald 00 a

2, 1936.

OuLr bAOmbO

mg0 1 of 9

-—

2

{

Page 2 of,g

11

LI

-

f-

-

—I -

—r t -

_____

—

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-

I H H

H

H

H

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GULF SHORES. A CONDOMINIUM

II. K.4134

Breakdown of the amount of common expenses attributable to each apartment per man th: APARTMENT NO

PERCENTAGE

1

1.O7?2 1.0158

102 103 104 105 106 107

Initial

.?

54.00 54.00 44.00 54.00

.08277

1.0158 54.00 54.00 54.00

201 •

UNT —

54.00 54.00 57.00

1.0722

202 203 204 205 206 207 208 209 210 211 212 213 214 215 216

57.00

•

54.00 54.00 44.00 54.00 54.00 54.00 54.00 54.00 54.00 44.00 54.00 54.00 57.00 44.00 44.00 57.00 54.00 54.00 44.00 54.00 54.00 54.00 54.00 54.00 54.00 44.00 54.00 54.00 57.00 44.00 44.00 57.00 54.00 54.00 44.00 54.00 54.00

1.0158 .08277 1.0158 1.0158 1.0158

.

•

1.0158 .08277

301

1.0722 1.0158 1.0158 .08277

302 303 304 305 306 307 308 309 310

1.0158 1.0158

311

312 313 314 315 316 401 402 403 404 405 406 407 408 409

:1.0158

410

1.0158

.08277 .08277

.08277

54 • 54 •

54.00

•

411

00 00 -

-

44.00

•

412 413 414

•

Exhibit 8—3

54.00 56.00

(continued on next pa9s)

b&1191

GULF-

APARTMENT NO.

501 502 503 504 505 506 507 508 509 510 511

512 513 514 601

602 603 604 605 606 607 608 609 610 611

612 613 614 701 702

703 704 705 706 707 708 709 710 711

712 713 714

A

AMOPMI — $57.00 54.00 54.00 44.00 54.00 54.00 54.00 54.00 54.00 54.00 44.00 54.00 54.00 57.00 57.00 54.00 54.00 44.00 54.00 54.00 54.00 54.00 54.00 54.00 44.00 54.00 54.00 57.00 57.00 54.00 54.00 44.00

PERCENTAGE 1.0722 1.0158 1.0158 .08277 1.0158 1:0158 1.0158 1.0158 1.0158 1.0158 .08277 1.0158 1.0158 1.0722 1.0722 1,0158 1.0150 .08277 1,0158 1.0158 1.0158 1.0158 1.0158 1.0158 .08277 1.0158 1.0158 1.0722 1.0722 1.0158 1.0158 .08277 1.0158 1.0158 1.0158 1.0158 1.0158 1.0158 .08277 1.0158 1.0158 1.0722

Exhibit

rs&1192

CONDOMINIUM

-

54.00 54.00 54.00 54.00 54.00 44.00 54.00 54.00

$5,316.00

A—3

Initial

KARLEEN F. DE BLAKER, CLERK OF couRT PINELLAS COUNTY FLORIDA INST# 2004170041 04126/2004 at 03:37 PM OFF REC BK: 13526 P0: 2535-2538 DocType:CONDO RECORDING: $19.50

PREPARED BY AND SHOULD BE RETURNED TO: RICHARD A. ZACUR, ESQUIRE Zacur & Graham, P.A. P.O. Box 14409 St. Petersburg, Florida 33733

Condominium Plats pertaining hereto are filed in Plat Book 16, Pages 122-124 AMENDMENTS TO DECLARATION OF GULF SHORES, A CONDOMINIUM WHEREAS, the Board of Directors and Unit Owners of GULF SHORES ASSOCIATION, INC., hereinafter referred to as Association, desires to amend the Declaration for said condominium association, which Declaration of Condominium and Bylaws have been filed and recorded in and for Pinellas County, Florida, within O.R.

Book 4134, beginning with Page 1167, etseq, WHEREAS, a meeting of the Board of Directors of the association and said unit owners/members was duly called in accordance with the Declaration of Condominium and Bylaws, after proper notice was given to the unit owners/members. WHEREAS, such meeting took place on

13

,

20Q3 there was

present a quorum of Directors and a quorum of unit owners/members as defined and required by the Bylaws, Articles of Incorporation, and the Declaration of Condominium for said Association. •

WHEREAS, after due consideration, of said proposed amendments, which

amendments were proposed by resolution by said Directors, same were presented for a vote, and accepted by the required vote of the Board of Directors, and said

amehdinents.*ere approved by the vote of the required percentage of unit

1

owners/members according to the provisions of the Bylaws, Articles of Incorporation,

and the Declaration of Condominium for said Association. WHEREAS, that the Board of Directors and the unit owners/members have approved the Amendments to the Declaration, By-Laws and Articles of Incorporation,

and said Amendments are hereinafter provided. NOW THEREFORE, said Declaration shall be hereby amended pursuant to the heretofore stated authority and requirements, which amendments are to be provided within said Declaration of Condominium, By-Laws and Articles of lncorpQration, and said amendments are as follows:

Amendment to the Declaration of Condominium 15.

Amendments.

Resolution. A resolution adopting a proposed amendment may be proposed by either the Board of Directors of the Association or by the Members of the Association. Directors and Members not present at the meetings considering the amendment may express their approval in writing or by proxy. Such approvals must either be by not less than three (3) directors or by not less than 75% of the votes of the Members of the Association, provided the amendment does not increase the number of Apartments not alter the boundaries of the common elements. 15.2

Except as otherwise provided herein, this Declaration may be amended at any regular or special meeting of the unit owners called and noticed in accordance with the By-Laws, by affirmative vote of 75% of a quorum of the unit owners present and voting.

Amendment to the By-Laws

Amendment of By-Laws. The By-Laws of the Association may be altered, 9. amended or repealed, unless specifically prohibited herein, at any regular or special meeting of the Owners by an affirmative vote of 75% of a quorum of the unit owners present and voting a 75% vote of all Owners of the Association, and provided that notice of said membership meeting has been given in accordance with these By-Laws 2

and that the notice as aforesaid contained a full statement of the proposed amendment. No modification or amendment to the By-Laws shall be valid unless set forth as a duly recorded Amendment to the Declaration of Condominium.

Amendment to the Articles of Incorporation

Article 9 - Amendments shall be proposed and adopted in

Amendments to the Articles of the following manner

A resolution for the adoption of a proposed amendment may be proposed 2. either by the Board of Directors or by the Members of Association. Directors and Members not present in person or by proxy at the meeting considering the amendment may express their approval in writing, providing such approval is d&ivered to the secretary'at or prior to the meeting. Such approval must be by not less than three Members of the Board of Directors or by not less than 75% of the votei of the entire membership of the Association. Except as otherwise provided herein, these Articles of Incorporation may be amended at any regular or special meeting of the unit owners called and noticed in accordance with the By-Laws, by affirmative vote of 75% of a quorum of the unit owners present and voting.

RESOLVED, further, that said Amendments to the Declaration, By-Laws and Articles of Incorporation of the Association are hereby adopted, approved and the Board of Directors shall have same recorded in the Public Records of Pinellas County, Florida. GULF SHORES ASSOCIATION, INC. BY:

Secretary

3

7

I

STATE OF FLORIDA COUNTY OF PINELL4S

The foregoing inMrumpnt was acknowledged before me this of-Pebrtiary the President a 2004, by tOizctc ,the Secretary, who a personall know o me or who / as have produced identification and who did take an oath and depose and says that they executed the foregoing Amendment and acknowledge to and before me that they executed said Amendment for the purpose therein expressed. ,

I

ificial seal this

Witness my hand an

of February, 2004.

Notary Public

Notary Name Typed/Printed My commission expires: L

4

BonaeaavNalioIwlo.aYfra

(CODING: Words in underscored type indicate changes from original Declaration of Condominium and By-Laws and deletions from the original Declaration of Condominium and By-Laws are shown by strike outs. Unless otherwise provided herein, all provisions of the Declaration of Condominium and By-Laws are not affected by this Amendment and shall remain the same.)

4