Decl Of Condominium

IN: 2006040728 BK; 14909 PG: 1389, 02/02/2006 at 02:01 PM, $1064.00 125 PAGES KEN Bt)RcE, CLE1K 0F COURT PIMEI.LA$ COUNTY, FT. BY R1CORDING DEPUTY CLERK:

CLKS P18

This instntmenl prepared by, or under the supervision

of(nnd after recording, r9JJwrI"r-

L)ûvid Slicer, Esq. Ptcldstone .estct Shear & Denberg, LU'

201 Alhuil,ru Circle, Suite 601 Coral Gabio, Plozida 33 134

(Reserved for (rk ofCourt)

DIÇL.4RATION OI CONDOM N I UM OF

AlUsOR IIICIGfl'fS, A CONDOZ4TNHJM Arbor Ileights, LLC. a l'lorida limited liability company, hereby declares: iDjrÛ(lIlctiQn jfldubmjssjQn. 1.1

l'ho Land. rhc Develupor owns the fee title to certain land located in PineDas County, Ibrida, as more particularly described in Exhibit I annexed hereto (tue

1.2

Submission Sulterrji.

The Developer hereby submits the Land for all improvements erected or to be erected tItereon, ¿urid alt other property, reel, personal or mixed, now or hereafter situated on or within the Land (but excluding all public or private utiJity installations therein or thereon) io the condomium form of ownership und use in the manner provided Ihr in tim Florida Condominium Act as it exists on the date hereof. Without limiting any of the foregoing, no property, real, personal or mixed, not located within or upon the Land as aforesaid shall for any purposes be docmcd itart of the Condominium nr be subjt to the Jurisdiction of the Association, the operation and effect of thç Florjthi Condominium Act or any rules or regulations prornulguted pursuant thereto.

1.3

Name,

'l'he name by which this condominium is to b

IIFICJI-JTS, A CONDOMINIUM (here inufter called the 2.

identified Is AR]3Olt

Definition5. The following terms when used in titis l)eclarmutjon und in its exhibits, and os it and they muy hereafter be amended, shall have the respective meanings ascribed to IIICt in this Section, except where the context clearly indicates a different meaning: 2.1

"Act" means the Florida Condonminium Act (Chapter 718 of' thc Florida Statutes) as it exists on the date hereof.

2,2

"Articles" (ir "Articles of Il)corl)orathon" mean the Articles of Incorporation of the Associntion, us amended from tjntç to time.

2.3

"Assesrnemìt" means ¿t share of the funds required for the payment of Common Expenses which horn time to time is assessed against the Unit Owner.

2,4

"Association" or "Condominium Assocla*lon" means ARBOR I'IFLOHTS CONDOMINIUM ASSOCIATION, INC., n Florida corporation not for pretil, lime entity responsible t'or the operation of the Condominium. I)evIurtjon of Condominium Arbor 1-teigbis. i Condominium

PINLI

COUNTY FI.. OFF. REC. 13K

14909

PG

1390

2.5

"Asocjat0 property" means ti-me property, real und personal, in

2.6

"flc,j" or 4'flonrd of flirectorN" means the board of directors and the members of the board of director;

which title or Ownership is vested in The ASsociatiOn for the use and benefit of its members 1omn time to time, of the Association.

2.7

)3iilìding" means the structure(s) in which the Units and the Common blemcnts arc located, regardless of flic number of such structures, which are locate(t on the Condomini un-1 Property.

2.8

'Hy-laws" mean the fly-Laws of the Association, us amended from time to time.

2.9

"Cornumon Elements" mean and include; (u)

The portion of the Condominium Property which are not includeI within the Ujt.

(h)

Easements through Units tbr conduits, CIIICIS, plumbing, wiring and other facilities for the furnishing of utility and other services to Units and the Comrn EIemcits.

(o)

An casement ofsupport in every portion oía Unit which contributes to the support of the Building. The property and installations required for the furnishing of utiIiti other services to more than one Unit or to the Common Elements.

and

Any other parts of' the Condominium Property (IcsignmItect as ComIneo Elemcnt.s in this I)cchtraljon, 2. lO

"Common Expnes" mean all expenses incurred by the Association for the Condominium, For nil purposes of this

£)eclmmration, "Comrno Expenscs" shalt also include all reserves required by the Act or otherwise established by the Association, regardless of when reserve ftnds are expended, but shall not include any other separate obligations of individual Unit owners. For all purposes of this I)ecIaratiOn, "Common Expenses" shall also include: (i) all reserves required by the Act er otherwise eatabished by the Association, regardless of when reserve funds are expended; (ti) the cost of a master anlCnflti tc1uvjio system or duly franchised Cable tcleviioru service obtaínd pursuant to a bulk Contract; and (iii) if applicable, costs relating io reasonable transportation services, insurance for directors and officers, road maintenance nIlci operation expenses, and in-hause

COn)municatjon and surveillance systems. 2.11

"Comuin Surplus" means the escess of all receipts elche Association

c011ected on behalf of' the Assoejatioti, jnclu<Jjn, but not limited to, Assessments, rents, profits and revenues on account cl' the Coimirnon llements, over the amount O1

Common lxpties. 2.12

2.13

"CondomInium Parcel" means a Unit together- with the undivided share in the Common Elements which is appurtenant to said Unit; and wheim the context permits, the term includes mull other appurtenances to th Unit. "Condominium Property" means the lanri, improvements and other property descr-jbd in Sect!00 1.2 Imercol; subject to ¿he limitations thereof and exotusions therefi-om

2.14

"County" means the County of Pinchas, Slate of Florida,

2. 1 5

"Declaration" or "Declaration nf Condonsiujura" means this instrument, as it may he amended fr-orn timo Io lime. 2 Declanjtjo oF Condom i n iurmi

I Jethts. ii CondCn)Irljt,ln

INgL,LAS COUNTY FL OFF. 1EC. t31Ç

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"l)evcioper" means Arbor Heights', LLC, a Florida limited liability company, its successors and such of' its assigns as to which the rights ol' Developer hereunder are specifically assigned und any mortgagee which Is the successor to the interest of the Developer, to the etent such mortgagee accepts the rghts and obligations of the Developer. Developer may assign all or a paillon of ita rights hercunder, or

nil or a portion of such rights in connection with specific pariions of the

Condominium. In the event of any partial .ssignrnetit, the assignee shall not be deemed the Initial Developer, but may exercise such rights of Developer as arc

specilicully assigned lo it, subject to the requirement ot' Florida law that a subsequent developer cannot retain control of the Association unless it has' received a qualifying ussigrnncnt of' the creating developer's' rights and obligations. Any such assignment may he made on u non-exclusive basis. 2.17

"I)fspute" for purposes of Sç1ion 19.1, means any disagreement between two ot more parties that involves: (a) the authority of the l3ourd, under Chapter 71 8, Florida Statutes, or under this Declaration, the Articles or fly-Laws ta; (i) require any Owner to take arty action, or not to take any action, involving that Owner's

Unit; or (ii) alter or arid to ¡j Cotutnon Element; or (b) the failure of the

Association, when required by law or this L)oclarulion, the Articles or By-Laws to: (i) properly conduct elections: (ii) give adequate notice of meetings or other actions; (iii) properly conduct meetings; or (iv) allow inspection of books and records, "Disputo" shall not include any disagreement that primarily Involves title to any Unit or Common lemen*s; ihe Interpretation or -enl'orcernent of any warranty; or the levy of' a fee or Assessment or the collection of an Assessment levied against n party. 2.1 8

"I)tvjjo" means the Division of' Florida Land Sales, Condominium and Mobile 1-Ionica of the Department of }usines's' and Professional 1egu1aUon, State of Florida.

2, I

"First Mortgagee" means any person or entity that is the bolder of' a first mortgage lien on a Unit.

2.20

"Improvements" mean all structures and artificial changes to the natural

environment located on the Condominium Property including, but not limited to, the Buildings. 2,21

"Jnstitutionl First Mortgagee" means a bank, savings and loan association, insurance company, real estate or mortgage investment trust, pension fund, an

agency of the United States Government, mortgage banker, the Federal National Mortgage Association ("FNMA"), the Federal Home Loan Mortgage Corporation ("FHLMC") or any other lender generally recognised as an institutionul lender, or the Developer, holding a first mortgage on a Unit or Units or Condominium Property. A "Majority of Institu*ional FIrst Mortgagees" shall mean and refer to Institutional First Mortgagees of' Units to which ElI least fifty-one percent (51%) of the voting interests of' Units subject to mortgages held by Inslitutional First Morigagees are appurtenant.

222

"Limited Common Elements" mean those Common Elements the use of which is reserved to a certain Unit or Units to the exclusion of other Units, as specified in this Declaration, ß.eferences herein to Common Elements also shall include all Limited Common Elements unless the context would prohibit or it is otherwise expressly provided.

2.23

"Primary tnsfftufioual First Mortgagee" means the Institutional First

Mortgagee which owns, at the relevant time, Unit mortgages securing a greater aggregate indebtedness than is owed to any other institutional First Mortgagee. 2.24

"Special Assessment" means arty Assessment levied against Unit owners other than Assessments required by a budget adopted annually. 3

LecIsrsi ion of Condominium Arbor IIeigh$s, a Condom lai jim

PINLLA COUNTY FE O1ïf. 1F.C. ßK

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"Unit" means a part of the Condominium Property which is subject to eXclusive ownership.

2.26

"Unit Owner" or "Owner of a UnIt" or "Owrter" means the Owner of Condominium Parcel.

2.27

u

"Votitig Interest" means hie voting rights of the Association members pursuant In the Articles und By-Laws.

3.

1)escriptjonf the Condominkun 3.1

Clentit'icatiûri of units. The Land has constructed thereon fourteen (14) Buildings containing one hundred eighty-two (182) Units. Ihteh such Unit is identified by a separate designation. The designation of each of such Units is set forth on Exhibit 2 attached hereto. lxhibit 2 consiSts of u survey of the Lund, a graphic description of the Improvements located thereon, including, but not limited io, the BuitdIg in which the Units are located, and a pial plan thereof. Said Exhibit 2,

together with this Declaration, is sufficient in detail to identify the Common Elements and each Unit and their relative locations and dimcnsìons, There shall

pass with a Unit as appurtenances thezeio (a) an undivided share in the Common ilements and Common Surplus; (b) the exclusive right to use such portion of the

Limited Conunon Blements as may he provided In this Declaration; (e) an

-exclusive easement -fer the- use of the airspace occupied by the Unit as it exists at any particular time arid us the Unit may lawfully he altered orxeconstructcd from

tinte -to time, provided thai un easement in airspace which is vacated shall be let-minuted automatically: (d) membership in the Association with the full young rights appurtenant thereto; and (e) other appurtenances as may be provided by this Declaration.

32

Unii Boundaries. finch Unit shall include thai part of the fluilding containing the Unit that lies within the following bounduvies: (a)

Lj.pr and ¡ .nwer ¡3oundaris. The upper and lower boundaries of the Uttit shall be the following boundaries extended Io their planai

intersections with the perirnetrical boundaries:

Upper Boundaries. 'The horizontal l)tanc of' the unfinished lower surface of the ceiling (which will be deemed to be the ceiling al' th second story if the Unit is a two-story IJniI, provided that in two-story Units where the lower boundary extends beyond the upper boundary, the upper boundary shall include that portion of the ceiling of the tower floor for which there is no corresponding

ceiling on the upper floor directly above such bottom floor

ceiling).

Lower

QuJglarjes. The horizontal plaie of the unfinished tipper surface of the floor of the Unit (which will be deemed to be the

floor of the first story it' the Unit is a two-Story Unit), provided that in two-story Units where the upper boundary extends beyond the

lower boundary, the lower boundary shall include that portion of the floor of the upper floor Ihr which there is no cori'esponding floor on the bottom floor directly below the floor of such top licor. ivisiuna. Except as provided in subsections (i) end (ii) above, no part of the floor of the top hoar, ceiling of the bottom floor, stair-well adjoining the two floors or nonstructurui interior

Interior

wells shall be considered n boundary oh' the Unit. (b)

Perimetricuij3oundarics, The perinietrical boundaries of the Unit shall he the vertical planes of the unfinished interior surfaces of the walls bounding the Unii extended to their planar intersections with each other and with the upper and lower boundaries. 4

Declaration oF Cendorniniunt Arbor HaiIils, a Cundatni,) jam

INEj

Cotiw'ry E1 QF'. REC. ax

(e)

L4909

PG

1393

Apertures. Where there ure apertures in any boundary, including, but no limited to, windows, doors, bay windows and skylights, such boundaries shall be extended tu incjde the windows, doi'5 and other lixtures localed in such apertures, including all frameworks, window casings weather stripping thereof Exterior snrfhccs made of glass or other und transparent material, and The cxterjojs of doors, all wires, conduits, duets, vents, concrete joists and other Stich tiicilItls serving mow than one Unit located

within any walls, including dIvldr walls, or above the nonstructural acoustical ceiling lying below the upper boundary of the Unit, shall not be included in the boundaries of the (Joft and skutll therefore be Common

Elements.

(d)

Excapti. In ensus not specifically covered above, and/or in any case of conflict or ambiguity, the survey of the Units set forth na Exhibit 2 hereto shall control in determining the boundaries of a Unit, except that the provisions of Stjon 3,2(e) aboye shall control unless specifically

depicted otherwise on such survey. The air-conditioning closets and airhandlers and condensing units located therein shall be part of the Unit they serve. (e)

Property Exckided from Units. A Unit shalt not be deemed to Lncld foundations, ûIun, girders, bcait-ts supports, exterior walls, interior load bearing walls, pfllrs, -underlying floors, essential and permanent instuilatjos and equipment for power, lights, and exhaust Ihna, pipes, conduits, ducts, vents and other service and utility lines und all utilized for, serve, pass through mure then one Unit or th -which are Common

Elements.

3.3

Ljniited Corprno Elemente. tuch Unit may have, to the extent applicable and subject to the provisions of this I)cclrtio, itS Limited Common Elements

appurtenant thereto: (a)

Patio. Balconies and j'tn-races, Any patio, balcony or terrace (and all improvements thereto) as to which direct and exclusive access shall afforded to any particular Unii or Units to the exclusion of others shall be he a Limited Common Element of such Unit(s). The Association shall be responSible for the cost of maintcnaxce of the struettiral and mechanical elements of any such Limited Common Elements, with the owner of the Unit io which they are appurtenant to be responsible for the general cleaning, plant care and the upkeep of the appearance of the area.

(h)

Miscelluneous Areas.. Equipment. Any fixtures or equipment located not within a Unit (e.g., an air conditioning compressor or hot Water heater) serving n Unit or Units exclusively and any arca upon/within which lixtures or equipment arc located shall be Limited Common Elementssuch of

such Unit(s). (e)

parking Spaces. Parking for the Condoniiniurn is part of the Common Elenumta cf the Condominium on the Condominium Property. Th

parking spaces shown on It,xl.ìblt 2 of the Declaration muy be assigned to a Unit (which assignment need not be recorded in the public records of the County) by the Developer (for iu long as the Developer offers a Unit for sale in ti-te Condot-ninjurn, and thereafter by the Association), whereupon it

shall become Limited Common Elements of the (mit to which it is assigned. Any consideration paid foi- the assignment of the parking spaces shall belong to the Dveloper. A Unit Owner may assign the Limited Common Element parking Space appurtctiuit to his Unit it) another Unit by written instrument delivered to (and to be held by) the Association; provided, however, that no Unit may be left without one Limited Common Element parking space. Upon 5 t)cc};arSI iOfl of Condoiiiiiuiii

Arbor Heighis, a condo,niniam

PIN5I..LAS COUN'r

FL OFF. REC. mc 14909

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making such ssignmenl, the Limited Common Element so assigned shall become an appuJ-teflttIce to the Unit(s) and shalt pass with title thereto

regardless of whether or not specifically referenced in the deed or other instrument of conveyance of the Unit. As to any Limited Common Element parking space which was originally

nssigncd by the Developer to a Unit owned by the Developer, the

Developer reserves the right, at any time provided that the Developer stili owns said Unit, to reassign such parking space, provided that t all times, cacti Unit shall have one Limited Common Element parking space. Other Eqpipjncnt. Air conditioning equipment or other cciuipmcnt serviug one or more but not all Units shall be n Limited Common Element of the Unit(s) so served, with the Association lo maintain such equipment at the sole cost and expense of the Unit Owner(s) served by said equipment. The cost of maintaining said equipment shall be divided equally among the Units served by said equipment. In the event that physical changes in the Building restilt in additional Units being served by such equipment or, itt the alternative, UnIts ceasing to be so servetj, then the equipment shall be a Limited Common Element appurtenant to the Units added and shall cease to be one to the Unlis deleted.

Other. Any other portion1 the Common Elements which, by--t. nature, cannot serve all Units hut serves one or mot-e Units (other than exterior staircases and walkways not labeled as Limited Common Elements on

ExhibIt ¡ hereto) shall be deemed limited Common Elements of' the Units served, in the event al' any doubt or dispute us lo whether any

po jion at' the Common Elements constitutes Limited Common Elements or in the event of any question as to which Units are served thereby, u decision shall be made by the Board of X)irectors and shall be binding and conclusive when so mude. 3,4

tZasepients,

The following easements arc hereby created (in addition to any

easements created tinder the Act): (di)

Support. Each Unii, the Building and Improvements shall have an easement of support and of necessity under and upon, and shall be subject

to an cuscinetti of support and necessity in favor of all other Units, the Common Elements, and any other structure or improvement which abuts any Unit, the Building and the Improvements, (b)

UtIlity and OtherSrvices; Drainize.

Easements arc reserved under, through arid over the Condominium Property us may be required from time to time for utility, cable television, communications and security

systems, and other services and drainage in order to serve the that interferes with or impairs. Or may interfere with or impair, lite Condon-tinium. A Unit Owner shall do nothing within or outside his Uflit

provision of such utility, cable television, communications und security

systems, or other service or drainage facilities or the use of these

casements. The Board ot'1)lrectors of the Asociatioa or ils designee shall have a right of access to each Unit to inspect same, to maintain, repair er replace the pipes, wires, ducts, vents, cables, conduits and other utility, cable tcicvijoi-i, communications and similar systems, hot waler heaters, service and drainage lbcilities, and Common Elements coutnined in the Unit nir elsewhere In the Condominium Property, and to remove any Improvements interfering with or impairing such l'uciiities or casements heroin reserved; provided ueh right of access, except in the event of an emergency, shall not unreasonably interfere willi the Unit Owner's pennittod use of the Unit, and except in the event of' On emergency, entry shall be made on not less than one (1) days notice (which notice shall not, however, br required it'thc Unit Owner is absent when the giving of notice is attempted). Drainage systems on the CondominiLint Property, if any, 6

)ecIn-stioi, of Cotrdonultiurn Arbor 1'Ieghts, a Condominium

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shall be rnaintaincd COntiuuou3Iy in gOad condition by the Associ1on and

Casements are granted hcreby over all Iinia in favor ut nU Ownr nd thc

Association with respect thereto. (C)

Hfcrochrnent. If (a) any portkn of the Common }1ement crierouches upon any Unit; (b) ny Unit (or Limited Common Element appurtenant thereto) encroaches upon any other Unit or upon any portion of the COmmon EIemcits (e) any Improvements encroach upon Common Elemcnts ; (cl) any Common 11cinents or improvrments' of another created within the complex encroach upon the Condominium Property; 01 (e) any encroachment shall hereafter OCCUr as a result (if () construction of the 1mproverncnt; (ii) settin or shitlín of che Improvements; (iii) any aiteralion or rtpair to the Caninion Hiemenis COfldOyfljflklm

n-iade by or with the consent of the Association or Deve1per,

as

appropriate, or (iv) any repuit or restoration of tiw Improvements (or any portion thereof) or any Unit after dnnmge by fire or other casualty or any *akin by coflden)z)atjon or cmincnt domain proceedings of all or any portion of any Unit or the Common Elements or common arcas, then. in any such evcni, a valid easement hl1 exi8t Cor such eiuroachmeni ftncI for the maintenance ot samc so long aa the Improvements or the reIvan* in1prOvernen1s' ofanother condomjntuxn within the complex shall sutrid.

A non-e,clusive casement in fnvoi of each Unii Owner. rcsideni of the Condominium, their guests and invitees and the Association and its employees and agents shall exist for pedestrian traffic

over, through aid across sidewalks, streets, paths, waJks and other portions of tite Common FIemcnts, as from time to time muy be intended and designated for such urse and use; and for vehicular and pedestrian traflic evcr through arid across such portions of the Common l2Icmexlts, a from time to time may be paved und intended ibr stich purposes. None of the easements specified ¡n this subparagraph (d) shall be encumbered by any icaseholLl or lien other thim those on the Condominium. Any such lien

encumbering such easements (other than those on Condominium) automatically shall be subordinate to the rights of Unit Owners and the

Association with rospect to such easements.

Construetiom Mai litena lice The f)eveloper (including its designees, contractors, successOrs mortgagccs and assigns) shall have the right, in its

(and their) sole discretion from time to time, to enter the Condominium Property and take all other action necessary or convenient for the purpose

of completing the construction thereof, or any part thereof, or any

Improvements or Units located or to be located thereon, and construct any adjacent condorj-tjum building and to construct any improvements and fòr repair, replacement and maintentu-tee purposes or where the Developer, in its oÌe discretion, determines that it is required. (i)

Sales aiLd Leasing Actiyity.. lor us long as the l)eveloper is offering any

Units for sole in the ordinary course of business, the Developer, its designees, successors rnortgagces and assigns, shall have the right to use

such Units and parts ot the Common Tlements for guest accommodations, model tipartinents und sales und consiruction offices, to show model Units and the Common btements to prospective purchasers and tenants of Units, and to erect on the Condominium Property si5115 and other promotional material Io advertise Units for sale or lcae and for any other similar purpose the Developer deems appropriate in its opinion, any

(g)

Additnat Hainent. lite Developer (us long as it is olïbring any Units

in the ordinary course of business) und the Association. oit their behalf and on behalf of all Unit Owners (each of wheat hereby appoints the Developer and the Association as its attorney-in-fact for this purpose), each shall have the right to grant such additional general ("blanket") and speeiíi elcetric, gas or other utility, cable television, security systems, Cor sul

7 I)cclarstion oÇ Couorninium Arbor I f eights, a Cotidomirikito

PINLr.As COJNTY FL OFF. REe. 1K

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communications or service easements (and appropriate bills of sate for equipment, conduits, pipes, tines and similar inStallations pertaining thereto), or relocate any such existing casements or drainage facilities, in any portion of thc Condominium Property, und to grant accesa easements or

rekcttte any existing access easements

in any

portion of the

Condominium Property, as the Developer or the Association shalt deem necessary or desirable t'or the proper operation and maintenance of the Improvements, or tny portion thereoF, or t'or the general health or welfare nl' the Unit Owners, or for the purpose of carrying out any provisions of this Declaration. provided that such easements or the relocation of existing easements will nut prcvcnt or unreasonably interlre with the reasonable use of the Units for dwelling purposes. The Dcveloper's right to grant additional easements as provided in this Section 3.4 shall be cancelable by the AsoclatLon aftcv the Unit Owners, other than the Developer, have assumed control of the Association.

Sipp01 of A4JaCrIt Structures. In the event that any structure(s) is constructed so as to be connected in any manner to (h Building, then there shall be (and there i hereby declared) an casement of support for stich structure(s) as well as for the installation, maintenance, repair and replacement of all utility lines and equipment serving the adjacent structure which are necessarily or conveniently located within the Condominium Property (provided that the use ofthis casement shall not

unreasonably interfere with the structure, operation or use ot' the Condominium Property or tho Building).

Divider Walls The wall separating the Unit of one Owner from the Unit of a vertically or horizontally a4joining Owner shall be vetrred to as a "divider wall". A divider wall shall not be removed or constructed by an Owner, except as provided in this subsac*ion 3.4(i). In the event a (Jait Owner acquires an adjacent Unit and a divider wall is no longer necessary to completely separate the adjoining Units, the Owner may remove the

divider wall or construct or cause to be constructed ¿t doorway or passageway between the adjoining Units (and an casement is hereby

reserved and granted for such purpose) hut only alter having obtained all rcìuircd governmental approvals, approval ofihe Board, and ha complied with all reasonable restrictions imposed by the Board. 'Fhe removal of the divider wail or the construction of such doorway or passageway shall be at the sole cost and expense of the Owner performing same and such removal or construction shall not diminish, or in any way impair, the structural integrity or soundness of the Building. When title to adjoining Units

(which do not then share a completo divider walL) shall vest in two individuals or entities who thereupon become vertically or horizontally

adjoining Unit Owners, then the Owners of such adjoining Units, acting together, musi construct, sharing the costs and expenses therctbr equally, a divider wall to completely or partially separate said adjoining Units. A divider wall may not be constructed or erected, however, until the review (at the expense of the Unit Owner) and consent of the Association and until all governmental approvals, as atbresnid, bave been obtained. Any

such construction shall be effected at the expense of the Owner(s) performing same and in accordance with the plans and specifications l'or construction. In rio event may a divïder wall be constructed if tho

structural soundness of the Building may in any way be affected thereby. Adjoining Units which share n divider wall shall have a cross-easement of support in the divider wall, Bach Owner shall be responsible For any damage caused to a divider wall by its negligent or intentional acts or the

negligent or intentional acts of its employees or agents, and the cost of

said repair shall be the specific obligation of that Owner. Notwithstanding anything io the contrary, in the event a Unit Owner combines two (2) or more Units, for the purposes of determining the amount of Assessments

due, the combined Units will be treated as separate Units and the Unit Owner will be responsible for the payment of Assessments l'or each Unii, g I)rc Iarattcin tf CencIomirlj%4m

Arhur ttehts, a Coridorntnhini

PINTLp

COUNTY ET.. OFa'. RC. BK

14909

PG

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Restraint Upon Separation and Partition oîConrnon Rlejnents The undivided share In the Common Elements and Common Surphi which is appurtenant to a Unit, und the exlujye x-ight, or shared right us applicable, to use all appropriate appurtenant LjntItCLI Cotnnioi Ekn-ients, shall not be separated thcTe1om und shall pass with the title lo the Unit, whether or not separately described. 'l'ha appurtenant share in the Common l-ternents and Common Surplus, and the exclusive right to use all Limited Common Elements appurtenant to a Unit, except as elsewhere herein provided to the contrary, esunot he conveyed or encumerad except together the Unit, Thc respective shares in the Common Elements appurtenant to Units shall with remain undivided, and no action for psrtition of' the Common Elements, the Condominium Property, or any part thereof, sh1l lic, except ¿Is provided herein with respect to termination of the Condominium.

Share oCpmmn lpen

Voting Rights. 5.1

Percentage Ownership and Shares.

The undivided interest in the Common

Elements-Common Surplus, ¿md the percentage share of the Common Rxpcnses, appurtenant to each Unit, ¡s set fòrth in E?xhibft 3 aunched hereto and made a part hereof. All persons are hereby notified that such percentage shares were calculuied in accordance with approximate adjusted square footage computations of thc Unils in relation to the total square footage of all of the Units. 5.2

Votiflg.

Each Unji shall he entjtled toorce (I) vote to be cast by its Owner in accordance with the provisions of the By-Laws and Articles of Incorporation of the Asocjntjo0, tach Unit Owner shall be a member of the Association.

Amcncntents. Except us elsewhere provided herein, amendments to this Declaration may be effected as follows: 6.1

13y The Assooiatlon Notice of the subject matter ola proposed amendment shall be included in the notice of any meeting at which a proposed amendment is to b considered. A resolution for the adoption of a proposed amendment may be proposed either by a majority of the l3oard of Directors of the Association or l)y not loss than one-third (11:4) of the members of th Association, Directors arid members not present in person

or by proxy at the meeting considering the amendment may express their approval or disapproval in writing to the

Assocjatj after such meeting, However, such approval or disapproval may not be Lised ¿is a vote l'or or against the aetion tuken and tony not be used for the purposes of creating a quonirn. Except as elsewhere provided, approvals musi be by affirmative vole of Unit Owners owning in excess of a majority of th Units, For further information regarding proxy voting, please refer to the Association's By-laws, 6.2

13y The Developer. Notwithstanding anything in this Declaration to the contrary, the Developer, during the time it has the right to elect a majority of the Board of

Directors of the Assocjtjun, may amend the Declaration, the Articles of

incorporation or the fly-Laws of the Association or the rules and regulations of the Asoeiatlon, without the vote or consent of Unit Owners or tli Association, except tòr a "material amendment" described below, which shall be approved by a vote of the majority at' the total voting interests of the Association, unless required by any governmental authority, in which case no approval is required. A "material amendment' means art amendment which changes the confIguration or

size of any Unir in a material fashion, materially alters or modifies the appurtenances io any Unit, creates timeshare estates, or changes the percentage by which the Owner of a Unit shares the Common Expenses and owns the Common Elements and Common Surplus. 6.3

Fcccution ¿md Rccoding. An amendment, other than amendments made by the l)cvetoper alone pursuant to the Act or this Declaration, shall be evidenced by certificate of the Association which shall include recording data identifying thea l)eclaralion und shall be exCcuted with the saine formalities required for the 9 I)ecI,tiatío,, ofCOfldoitnjui Arbor I IeiijIit, i Condominhin,

PINF.LLAS COtJN9'Y 1?L O1?F. REC. 33K

1490t)

PG

139t3

execution of a deed. Amendments by the Developer must be evidenced by u similar e hueste executed by the Developer alone. An amendment of' the

l)eclaration is effective when the amendment and the applicable certificate are properly recorded In the publie records of the County, 6.4

l'roviso Regnrdig Mujerjat Arendmcnts. Except t'or amendments made by the Developer as provided in Section 6.2 alxve, and us otherwise provided specifically to the contrary in this Declaration, no amendment shall change the Configuration or size of any Unit in any material fashion, muterially alter or modify the appurtenances to any Unit, or change the percenhitge by which the Owner of a Unit shares the Commun Expenses and owns the Conimon Elements und Common Surplus, unless the amendment i.s approved by u Vote of seventylive percent (75%) of the total Voting Interests of the Association, ineludin the

Owner(s) of' the Unit(s) affected by the change, unless the amendment is required by any governmental entity, in which event no such approval is required. No amendment may he adopted which would eliminate, modif', prejudice, abridge or otherwise adversely affect any rights, benefits, privileges or priorities granted or reserved to the Developer without the consent of said Developer in each instance. The provisions of this Section 6.4 muy not be amended in any manner without the consent of the Developer us long as the l)cveloper is offering Units for sale in the ordinary course of business. l'he acquisition of property by the Association, material alterations or substantial additions to such property or thìe Corro-non Elements by the Association and installation, replacement and maintenance of'

approved hurricane shutters, if in accordance with the provisions of this

Declaration, shall not be deemed to constitute a material alteration or modification --of the appurwnances of the Units, arid accordingly, shall not constitute a Materia] Amendment.

No provision of this Declaration shall be revised or amended by reference to its title or number only, Proposals to amend existing provisions cl' this Declaration shall contain the full tcxt of' the provision to he amended; new words shall he inserted in the text underlined; and words to be deleted shall be lined through with hyphens. However, if the proposed change is so extensive that this procedure would hinder, rather than assist, th understanding of' the proposed amendment, ii is not necessary to use underlining and hyphens us indicators of words added or

deleted, but, instead, a notation must be inserted immediately preceding the proposed amendment ini substantially the following language: "Subtantil

rewording of Declaration, Sec provision.., for present teNt." Nonmntcnial errors or omissions in the amendment process shall not invalidate un otherwise properly promulgated amendment, 6.5

Mortgagee's Consent, No amendment may be adopted which would eliminate, modify, prejudice, abridge or otherwise adversely affect any rights, benefits, privileges or priorities granted or reserved to montgugees of Units without the consent of said monigagees in euch instance; nor shall an amendment make any

change in the Sections hereof entitled "Insurance", "Reconstruction or Repair a:fter Casualty", or "Condemnation" unless the Primur-y Institutional First Mortgagee shall join in the amendment. Except us specifically provided herein or if required by FNMA or FIILMC, the consent and/or joinder of any lien or mortgage holder ori

a Unit shall not be required t'or the adoption et' an amendment to this

l)cclaratiun mind, whenever the consent or joinder of a lien or mortgage holder is required, such consent or joinder IittlI not be nnreasonubly withheld. 7.

Maiiitçnaricc and Reuirs. 7.1

t.)nit. AIL maintenance, repairs and replacements of, in or to any Un it, structural tsr nonstt-uctural, ordinary ot' extraordinary, including, without limitation, maintenance, repair and replacement of winidow, the interior side of the entrance door arid alt other doors within or aftbrdìng access to n Unit, und tise electrical (including wiring), plumbing (including fixtures and connections), heating and

airconditioning equipment, fixtures and outlets, appliances, carpets mid otlìer floor coverings, all interior surfaces and the entire interior oÍ'the Unit lying within

to

Dccjamtjon of' Coctotni jam

Arbor I luighits, a Cpndoirijniuin

PINEI,IJ

COUNTY FL OrF. REO. BK

14909

PG

139g

the l)OUfldarie' oF the Unit or th Limited Common Elements or other property belonging to the LJrtit Owner, shall be pertbrmed by the Owner of such Unit at the unit Owners sole cosi und expcnsc except us otherwise expressly provided lo thu contrary herein. 7.2

Common llements unL Limiied Comnllcmcnts. lxccpt to the extent (i) expressly providcd to the contrury herein, or (ii) proceeds of insurance are made

available therefor, all tnainterignce, repairs and replucenients in or tu the Common

Elements and limited Common Elements (except as expressly provided to the contrary wit) respect to cooling tower, air conditioning equipment and other equipment, which service a pat-ticular Unit or UNIts, but not all Units) shall be performed by the Association and the cost and expense thereof shall be charged Lu all Unit Owners as a Common lixpense, except to the extcn4 arising front nr necessitated by the negligence, misuse or neglect of specilic Unit Owners, in which case such cost and expense shall be paid solely by suelt Uflit Owtiers. Any Unit Owner who causes damages to any part of the Common Elements or Limited Common Elements shalt indemnify and hold the Associatiofl and Developer harmless from all costs, expenses and claims in connection with such damage. 7.3

8

pujfic lipit Owner 1ponsihiLftv. Except as expressly provided to the contrat-y herein, obligation to maintain and repair any equipment, fixtures or other items of property which service a particular Unit or Units shall be the responsibility of the ap-riicahle Unit Owners, individually, and not the Association, without regard to whether such items are included within the-boundaries cf tite Units, provided that if noi within the boundaries of a Unit, same must constitute or lie within a Limited Common Jilement appurtenant thereto,

Additions, flrations hythe Aasociatìn Whenever in the judgment of the Board of Directors, the Common Elements, the Association Property or any part thereof, shall require capital additions, alterations or improvements (as distinguished from repairs and replacements) costing in excess cf 25% of the annual budget for the Association in the aggregate in any calendar year, the Association may proceed with such additions, alterations or Improvements only if the making of such additions, alterations or improvements shall have been approved by a majority of the Units represented at a meeting at which n quorum is attained. Any such additions, alterations or improvements to such Common Elements, or any part thereof, costing in the aggregate less than 25% of the annual budget for the Association in a calendar year may be made by the Association without approval of' the Unit Owners. The cost ¿md expense of any such additions, alterations or improvements to such Cominozi Elements shall constitute a part of the Common Expenses and shall be ssessed to the Unit Owners as Common Expenses. For purposes of titis sectiOn, "aggregate in any calendar year" shall include the tatui debt

incurred in that year, if such debt is incurred to perform the abovestawd purposes, regardless nl' whether the repayment of any part of that dcbt is required to be made beyond that year. 9.

Additions. Aherations orJmprovemrzts 1w Unit Owner. 0.1

Common Eleujents. No Unit Owner shall make any addition, alteration or iniprovetnent in or to the Common Elements, or any Limited Common Element or structural change ¡n hi Unit without the prior written consent of' the Board of' Directors. The Board shall have the obligation to answer any written request by a Unit Owner tör approval of such an addition, alteration or improvwnent in such Unjt Owner's Unii or Limited Common Elements within thirty (30) days after such request and all additional information requested is received, and the failure to do so within the stipulated lime shall conStitute the Board's consent. The proposed additions, alterations and improvements by the Unit Owners shall be

mude in compliance with alt laws, rules, ordiriztnces and regulations of all governmental authorities having jurisdiction, and with any conditions imposed by the Association with respect to design, structural integrity, aesthetic appeal,

construction details, lien protection or otherwise. Once approved by the Board of Directors, such approval may not be revoked. A Unit Owner making or causing to be mude any such additions, alterations or improvements agrees, and shall be Il Ducjarutjon ut Conctornin,tijn Arbor Heights, s Cúndoniltilurn

PINELLAS COUNTY FL OFF, REC. HK

t4909

PG

1400

to have agreed, for such Owner, and his heirs, personal represematèves, suct.essors and assigns, as appropriate, IO hold the L)eveloper, the Association, and all other Unit Owners harmless from and to indemnify theni for any liability or damage to the Condominium Property and expenses arising Iherefrorri, and shall be solely responsible for the maintenance, repair and insurance thereof from arid aliar that date of installation or construction thereof as may be required by the Association. 9.2

Acljtíons, Alterations er Irinvemnts by Developer. The foregoing restrictions of Ibis Section 9 shall not apply to Developùr»owned Units. The Developer shall have the additional right, without the consent or approval of the Hoard of i)irectors or other Unit Owners, to (a) make alterations, additions or irriprovemerits, structural tuai non-structural, interior and exterior, ordinary and extraordinary, in, to and upon any Unit owned by it and Limited Common llements appurtenant thereto (including, without limiition, the removal of walls, floors, ceilings and other structural portions of the Improvements), and (b) expand alter or add to the recreational facilities until the earlier of such time as the I)cvcloper no longer offers Units for suie or upon transfer of Association control,

10.

Il.

n l)eyeloper_()wne UnU5. Without limiting the generality ofthc provisions of' paragraph 9.2 above, the Developer shall have the right, wfthoutthe vote or consent of' the Association or Unit Owners, to (i) make alterations, additions or improvements in, to and upon Units owned by--the Developer, whether structural or nOn-structural, interior or exterior. ordinary or extraordinary; and (ii) change the layout or number of rooms ny Developet-owned Units; provided, however, that the perccnttge interests in the Common i3lements and share of' the Common Surplus and Common xpenscs of any Units (other than the al'fecicd Developer-owned Units) shall not be changed by reason thereof unless the Owners of' stich Units shall consent thereto and, provided lia-ther, that l)eveloper shall comply with all laws, ordinances and regulations cf all governmental authorities having jurisdiction in so doing. In making the above alterations, additìons and itnpmvernents, the Developer may relocate and alter Common Liernents aljUcent to or near such Units, incorporate portions of the Common Elements into adjacent Units and incorporate Units into adjacent Common Elements, provided that such relocation and alteration does not materially adversely affect the market value or ordinary use of Units owned by Unit Owners other than the Developer. Any amendments to this Declaration required by actions takcn pursuani to this Paragraph 10 may be effected by the Developer alone, except to the extent that any of the same constitutes a material amendment, in which event the amendment must be approved by a majority of voting intcrests of Unii Owners. Without limiting the generality of Section 6.4 hereoL the provisions of this Section may not be added to, amended or deleted without the prier written consent of the Developer.

Operation of the Coominiumhy,.jhc AssocIation; Powers an4 Duties, 11. i [',owerc and Duties, The Associriuion shall be the entity responsible foi' the operation of th Condominium. The powers and duties of th Association shull include those set forth In the By-Laws and Artiles et' Incorporation of the Association, as amended from time to time. In addition, the Associatiofl shall have all the powers and dut jas set forth in the Act, as well as all powers and duties granted to or imposed upon it by this Declaration, including, without limitation:

The irrevocable right to have access to each Unit and the Limited

Common Llemcriis fron-i time to time during reasonable hours as may he

necessary for the maintenance, repair or replacement of any Common blements therein, or at any time and by three, il' necessary, for making emergency repairs therein necessary to prevent damage to the Common Eleinnts or to any other Unit or Units.

The power to make and collect Assessments (including Special Assessments) and other charges against Unit Owners and to lease, rnaintai!, repair and replace the Coimnon hlemcnts. 12 Dectsration of Concjonitnjuì Arbor t Ici5tils, n Condominium

5LLAs COUNDy Ft. OFF. REC. 13K

(e)

14900

?G

140:1.

'I'he duty to maintain accounting records according to good accounting practices, which shall be open to inspection by Uni t Owners or their authorized representatives at reasonable times upon prior request.

The power to contract for the management 011(1 maintenance of the

Condominium Property and to authorize u management agent (who muy he an affiliate of the L)evcloper) to assist the Association in carrying out Its poweis and duties by performing such fbnetions as the submission of proposals, collection of Assessments, preparation of records, enforcement of rLles and flinin1erncc, repair nod replacement of Common £lemcnts with such funds as shall be made available by the Association for such purposes. The Assoejtitio,i 110(1 its officers shalt, however, retain at all times the powers and duties grunted in the Condominium documents and the Condominium Act, including, but noi limited to, the making of AsSeSSments, promulgation of rules and c(eCutjOn of contrOcts on behalf of the Association, Any contract as aforesaid shnll be entered into only &tfter any competitive bidding requirements set forth in the Act have been met.

The power to borrow money, execute promissory iiotcs and other

evidences of indebtedness arid to give as security therefor mortgages und security interests in property owned by the Associution. if any, provided thai ruch actions are approved by a majority--of the entire membership of the Board of Directors and of the Unitsrepresentcd at a meeting at which a quorum has been attained, or by such greater percentage of the J3oard or Unit Owners as may be specified in the fly-Laws with respect to certain borrowing, provided further that, prior to transfer of Association contrat.

or such time us the Developer no longer offers Units for sale, no such netion shall be permitted while the Developer owns any Unii without the prior written Consent of the Developer. The power to charge a fee t'or the exclusive use of any Common Elements or Association Property by an Owncr,

'l'hc power to adopt and RtflCn(I rules und regulations concerning the details of the operation and uso of the condominium property.

The Assocjtion, when authorized by a majority of the Unit Owners has been attained, shall have the power to acquire, convey, lease und encumber personal und real property, whether or not contiguous to the lands of the Condominium. The expenses of ownership (including the

expense of making and carrying arty mortgage related to euch ownership), rental, membership lees, operation, replacements and other expenses and undertakings in connection therewith shall be Common Expenses.

The power to employ personnel (part-time or t'oli-time), and if part-time, such personnel may be employees of other condominium associations and allocation ut' their cOnipensution shall be equitably, apportioned among the ossociations for which employee provides service.s. All ot'ihe powers which a corporation not l'or profit in the State of' Florida may exercise pursuant to this l)eclaration, the Articles Incorporation, the fly-Laws, Chapters 607 and 61 7 honda Statutes and the Act, In all cases except as expressly limited or TeZrictcd in the Act. l'ue power to sue mui4 defend lawsuits.

In the event of conflict among the powers and duties of tlie Association or the terms und provisions of this Declaration or the exhibits attached hereto, this Declaration shall take precedence over the Articles of Incorporation, By-Laws ¡md applieuhl rules and regulations; the Articles of Incom-poration shall lake precedence over the fly-Laws and pplIcnbte rules and regmilntions; und the Uy13 Declaration of Coridomniniwn Arbor 1-Ilghts, s ConcIoniuinmn

PINEL.L.A$ COUND FI OFF. REC. ßK

14909

PG

1402

Lows shall lake precedence over applicable rutes and regulations, all as amended

from lime to time. Notwithstanding anything in this Declaration or its exhibits to

the contrury, the Assocjtjon shall

al

lJ times be the entity Jrnving ultimate

control over the Condominium, consistent with the Act. 11.2

Inilation Upon JikiIitpf Asocjnflon..

Notwithstanding the duty of th Association to maintain and repair paris of the Condominium Property, the

Association shall not be liable to Unii Owners for injury or damage, other than tr

the cost of maintenance and repair, caused by any lutent condition of the

Condominium Property. Further, the AssoCiation shall not he liable for any such injury or damage caused by defects in design or workmanship or any other reason connected with any additions. ulterations or improvements done by or Ott behalf of any Unit Owners regardless of whether 0V not same shall have been approved by the Association pursuant tu Section 9.1 hereof: 11.3

ß.estgint upon Assiamnent of Shares in Asset. Tue share oEa unit Owner in the

ftuids and assets of the Association cannot be assigned, hypothecated or lransfbrred in any manner except as an appurtenance tu his Unit. 11.4

jpprovat or I)iapprovaLofMatteza. Whenever the decision of a Unit Owner is rcquired upon arty matter, whether or not the subject of tui Association meeting, that decision shall he expressed by the same person who would east the vote for that Unit if ai an Association meeting, unless the joinder of all record Owners of

the Unit is specifically required by this Declaration or by law. 11 .5

Acts of the Association. Unless the approval or action of Unit Owners, and/or a

CCrtun specific percentage of the Board of !)irectors of the Associtjon, is

specifically required in this Declaration, tito Articles of Ineurporation or I3yLaws

of the AsSoCiation, applicable rules and regulations or applicable law, all

approvals or actions required or permiticd to be given or taken by the Association

shall he given or taken by the Board of Directors, without the consent of Unit Owners, and the Board may so approve and act through the proper officers of the Association without a specific resolution. When an approval or action of the Association is permitted to be given or taken hereunder or thereunder, such action or approval may be conditioned in any manner the Association deems appropriate or the Association may refuse to take or give such action or approval without the necessity of establishing the reasonableness o ï such conditions or refusal. 11.6

Effect on eve1oper lithe Developer holds n Unit for sole in the ordinary course of business, none of the following actions may be taken without the prior written approval of the Developer: (a)

Asessmnt of the Developer us a Unii Owner for capital improvements;

(h)

Any action by the Association that would he detrimental to the sales of Units by the Developer; provkled, however, that an increase in Asscssment for Common lixpenses without discrimination against the Developer shall not be deemed to be detrimental to the sales ol' Units.

12.

l)ctcrmination of Coumo,j. Expenses and t Ixhut 01' Asse rnens Jìtorefor. Tite Board of

Directors shall from time to time, and at least annually, preparo a budget for the

Condominium, determine the amount of Assessments payable by the Unit Owners to meet the Common Expenses of the Condominium and allocate aoci assess such expenses untong the Unit Owrs jo accordance with tite provisions of this Declaration and the ByLnvìs. The hoard of Directors shall advise all Unit Owners promptly in writing of the amount o the ASseSsmcnls payable by each of them us determined by the Board of

t)ircctors as aforesaid and shall furnish copies of each budget, on which such Assessment are l,nsect, io all Unit Owners (and IF requested in writing) to their respectíve mortgagees. The Common Expenses shall include tite expenses of and reserves for (it' required by Law) thc operation, mainleitance, repair and replacement of the Common Elements. Costs of carrying out the powers and duties of tite Association and any other expenses designated

as Common Expenses by the Act, this Declaration, the Articles or By-Laws of the j)ecIar(tti ot Con(toJriinium

Arbor 1 bights, s Condoniinium

PXt'5LLAS COUN'r1 EL OFW. REC. 8K

13.

14909

G

1403

Association, or applicable rules und regulations by the Association. Incidental income to the Assocjatkrn, írarìy, may be used lo pay regular or extraordinary Associntlon expenses and liabilities, to fund reserv(, aceount, or otherwise us the Board shall determine from time to time, and need not h restricted or accumulated. Any Budget adopted simil be subject io change to cover actual expenses ni any time. Any such change shall 1)C adopted consistent with ih provisions of the Declaration und the By-Laws. Collection of 13.1

hility fbr Assessments. A Unit Owner, regardless of how title is acquired, including a purchaser ut a foreclosure sale or by deed in lieu of foreclosure, shall he liable for all Assessiuciits coming due while he is the Unit Owner. In the case nf n conveyance, the grantee shall be jointly and severally liable with the grantor I.

for all unpaid Asessinr-tt against the grantor for his share of the Common expenses up to the time nf the conveyance, without prejudice to any right the

grantee may have to recover from the grantor the amounts paid by the grantee.

The liability for Assessments may not be avoided by waiver of the use or enjoyment of any Common I3lemcnts or by the abandonment of the Unit for which the Assessments are n-aide or otherwise. 13,2

Default in Payment of As'essmets tbr Common lxpenses. Assessments and installments thereof not paid within ten (IO) clays from the date when they arc duc shalt bear interest-ar the highest lawful rare from the date clue unti Iutkf and shall be subject to an tidrninistra( ive late fee (in addition to such interest) in an amount nut to exceed the greater of $25.00 or (ive percent (5%) of each delinquent

The Association has a lien on each Condominium Put-eel tbr any unpaid

Assessments on such Parcel. with interest and for reasonable attorney's fees and costs incurred by the Association incident to the collection of the Assessment or enforcement of the lien. The licts is effective as of the date of the recording of a claim of lien in the Public Records of the County, stating the description of the Condominium Parcel, the name of the record Owner, the unsount dite, th due dates and the name and address of the Association. fhe claim of lien shall not be

released until all sums secured by it (or such other amount as to which the Association shall agree by way of settlemeni)imve been fully paid or until it is

barred by law. The claim of lien shall secure (whether or not staLed therein) all unpaid assessments, interest thereon, and costs und attorneys focs which are Élue und which may accrue subsequent to the recording of' the claim of tien und prior to the entry of a final judgment of foreclosure thercof. A claim of lien shall be

signed and acknowledged by an oflicer or agent of the Association.

Upon

payment, the person making the payment is entitled to a satisfaction of time lico in recordable lbrm. The Association may bring an action in its name to foreclose n

lien for unpaid Assessments in the manner n mortgage of roui property is

fkn-velosecl and may also bring an action at law to recover n money Judgment for the unpaid Asse.ssments without waiving any claim of lien.

As un additional right and remedy of the AsoeinLion, upon the tiling of a claim of heim

following a default in the payment of Assessments as aforesaid, the

Asocjto may declare all Assessment installments due fòr the remainder of the budget year in which the claim of lien was filed to be accelerated and shall thereupon be immediately duc and payable. In the event that the amount of such

installments changes during the twelve (12) month period, the LiniE Owner or the Association, us appropriate, shall be obligated to pay or reimburse to the other the amount of increase or decrease within ten (IO) clays of same taking efhci.

II' army unpaid share of Common Expenses or Assessments is extinguished by ihreclsurc of a superior lien or by deed in lieu of flrectosure thereof, the unpaid share cmi Common Expenses or Assessments arc Common Expenses collectible Irom all Unit Owners,

Is

l)vclnration or Cofldominium Arbor I 1CgIfls. a Condomjiupn

PINELLAS COUNTY FL OFF. REC. ßK

l3.3

145O9

PG

1404

Notice of Intention to Forcclose Lien. No foreclosure judgment may be entered until at least thirty (30) days nter the Association gives writlen notice to the Unit Owner of its intention to foreclose its lien to collect the unpaid Assessments. 11' ihis notice is not given at least thirty (30) days before the foreclosure action is filed, und if the unpaid Assessments, including those coming due atler the claim of lien is recorded, are p*dd before the entry of a finaL judgment of Ibreelosure, the AsocjuLjo shalt not recover attorneys fees or costs. The notice must be given

by delivery of a copy pf it to the Unit Owner or by certified or registered mail, Ecturn receipt rcLlucstccl, addressed to the Unit Owner at the inst known address, and upon such mailing, the notice shall he deemed to have been given. 1f' aticr

diligent search and inquiry the Association cannot find the liait Owner or a mailing address ai which the Unit Owner will receive the notice, the court muy proceed with the forecJosure action and may award attorneys lees and costs as icrmiltcd by law, The notice requirements of this subsection are satisfied if the Unit Owner records a Notice of Contest of Lien as provided in the Act. 13.4

Annoirjicn of Receiver to Collect Rental. ft the tinit Owner remains in possession of the Unit and the claim of lien is foreclosed, the court in its

dscrtion may require the Unit Owner to pay a reasonable rentnl for the Unit. If the Unit Is rented or leased during the pendency of the foreclosure action, the Association Is entitled to the uppohUnent of a receiver to collect the rent. 1'hc cxpcnse of such receiver shall be paid by the party which does not prevail in the foreclosure action.

3.5

FirLMortgagccs. 1'he liability ofa First Mortgagee, or its successor or assignees, who acquires title to a Unit by foreclosure or by deed in lieu of foreclosure for the unpaid Assessments (or installments thereof) that became due prior io the First Mortgagee's acquisition of title is limited to the lesser of:

The Units unpaid Common lxpcnses und regular periodic Assessments which acct-ue(I or carne duc during the six (6) months immediately preceding the acquisition of title und for which payment in full has not been received by the Associution; or one percent (1%) of the original mortgage debt. As to u Unit acquired by foreclosure, the limitations set forth in clauses (u) anti (b) above shall not apply unless the First Mortgagee joined the Association as a defendant in the foreclosure action. Joinder of the Association, however, is not required if, on the date the complaint is fllcd the Association was dissolved or did

not maintain an oftice or agent for service of process nl n location which was known to or reasonably discoverable by the mortgage.

An Institutional First Mortgagee acquiring title to a Unit as a result ol' foreclosure or deed in lieu thereof may noi, during the period of its ownership of such Unit, whether or not such unit is unoccupied, be excused from the payment of sonic or all ut' the Common Expenses coming due during the period of such ownership. Notwithstanding anything to the contrary set forth in this section 13,, no First Mortgagee will be rvlivcd from the obligation of paying an Assessment, whatever the amount, if stich Assessment was secured by a recorded lien ori the Unit prior to the recording at' the First Mortgagee's Mortgage on the Unit. 13.6

Develoçî's Guarantee and Liabilifor Assessmctits During the period 1ìmn the

date of' the closing of the purchase and sale of' the Iii-si Condomniniuni Unit uutii six ((i) months from that date, or the dato Unit Owners ot.hr than the L)eveloper

are in untrol of the Association. whichever occurs curliest (the "Cuaranty Period"), the Developer guarantees to each Unit Owner that the rnorntìly

assessment for Common Expenses during the portion of' the fiscal year covered by the Guaranty Period shall not increase Over the slated amounts per quarter or per month set tirth in Schedule 13 to the Prospectus. Developer, at ils sole discretion 16

DccIrstton t,fCondotìuiniurn

Arbor Heinttt4, t CO1dointnhI)m

PINELLAS COUNTY FL OFF. REC. 5

14909

PG

1405

and option, may extend the Ouarttnty Period Ihr up io four (4) additional six (6> months periods. During the Guaxaniy Period the Developer shall be excused frOm (he payment of ils share of the Common Expenses and Assessments attributable to Units it ow]is, provided that the Dcvcloper shall be obligated to pay any amount ut' Common Expenses actually incurred during such period and not produced by Ehe Assessments due from Unit Owners other than the Developer. For purposes. of this Section, income to the Association other iban Assessments (aii defined

herein und in the Act) shall not be taken into account when determining the

defIcits to be funded by the Developer. No funds receivable from Unit purchasers or Owners payable to thc Association or colleçieci by the l)evcloper on behelf of the Association, other than regular periodic Assessments for Common Expenses as provided in this Declaration and disclosed in the Estimated Operating Budget referred to above, shall be used for the payment uf Common Expenses prior to the expiration of' such period. This restriction shall apply co tiinds including, but not limited to, capital contributions or start-up funds collected from Unit purchasers ut closing. 13.7

Certificate of Unpaid As.essrpents. Within' fifteen (15) days aller a written request by a Unit Owner or mortgagee of n Unit, the Association shall provide a certificate stating all Assessments and other moneys owed to the Association by the Unit Owner with respect to his Unit, and the Association has the right to charge a reasonable fee for such certificaie, Any person other than the Unit Owner who relics upon such certificate shall be protected thereby.

13.8

Installments. Regular Assessments shall ho collected monthly or quarterly, in advance, as determined by the Board of Directors.

13.9

Application of' Payments.

Any payments received by the Association from

a

delinquent Unit Owner shall be applied first to any interest accrued on the

delinquent installment(s) as aforesaid, then io any costs and reasonable attorneys'

fees incurred in collection and then to the delinquent and any accelerated

Assessments. The foregoing shall be applicable notwithstanding any restrictive endorsement, designation or instruction placed un or accompanying a payment, 14.

lnsgp.g. Insurance covering the Condominium Property and tue Association Property shall be governed by the following provisions: 14.1

J'urchuse. Custody and Pymcnt. (u)

Purchase All insurance policies described herein covering portions of the Condominium Property shall he purchased by the Association and shall be issued by an insurance company authorized to do business in Florida.

(b)

Named Insg. The named insured shall be the Association. individually, and us agent for Owners of Units covered by the policy, without naming thera. and as agent for their morigagees, without naming Ibero. The Unit Owners and their mortgugees shall be deemed additional insureds.

(e)

(d)

Ctody of Polie js and Payment of Procecd. All policies shall provide

that payments for losses made by the insurer shall be paid to the Insurance i'rustoe (if appointed), and all policies and endorsements thereto shall be deposited with the Insurance Trustee (if appointed). In the event an Insurance 'l'rustee Is not appointed, then the Association shall act as the Insurance Trustee,

Copies to Mortgqgees. (The copy of each insurance certificate evidencing

such policy, and all endorsements thereto shall be furnished by the

Association upon request to each Institutional First Mortgagee who holds a mortgage upon mi Unit covered by the policy. Copies or certifícates shalt be furnished not less than ten (1G) days prior to the beginning of tite term uf the policy, or not less than ten (10) days prior to the expiration of each preceding policy thai is being renewed or replaced, as appropriate. 17 t)eeiarmOion of Condominium Arbor t-Içights, a Coi .mmtntjm

PINELLAS COUNTY if L OFF. REC. BK

(e)

14909

PG

1406

sonal Property ¡mcl Liability. Except us specifically provided herein or

by the Act, the Association shall not be rcsponsible to Unit Owners to obtain insurance coverage upon the property lying within the boundaries of their Unit, including, but noi limited to, their personal property, und Lr their personal liability und living expense und fiar any other risks noi otherwise insured in accordance herewith. (t)

lnsuranúe Trustee. The Board of l)ircctors of the Association shall appoint an lnsurnncc Trustee hereunder. Fees und expenses of any Izisurance Trustee are Common Expenses,

14.2

Cygc. The Association shall maintain insurance covering the followìng: (a)

Casualty. The Building (including all fixtures, installations or additions comprising that part of the Building within tite boundaries of the Units and required by the Act to be insured under the Association's policy(ics), but cxcluding all furniture, furnishings, floor coverings, wall coverings and cciting coverings or other personal property owned, supplied or installed by Unit Owners or tenants of Unit Owncr) und all improvements located on the Common Elements from tirite io time, together with all fixtures, building service equipment, personal property and supplies constituting the Common Elements or owned by the Association (collectively the "Insured Property"), shall- be insured in an amount not less than 100% of the full insurable replacement value thereof, if reasonable available, excluding foundation and excavation costs, Such l)Olicies may Contain reasonable deductible provisions as determined by the Hoard of Directors of the Asocjatioti, Such coverage shall afford protection against: Loss or Damage by Fire ami Other 1-tazurds covered by a standard extended coverage endorsement: and

Such Other Risks as iront time io time are customarily covered with respect to buildings and improvements similar to the Insured

Property in construction, location and use, incluhng, but not 1imitd to, vandalism and malicious mischief.

Notwithstanding the foregoing, the tbllowing items shall be excluded from the coverage described above, uuiJss otherwise elected by the Association:

(i) all wall, floor and ceiling coverings within Unit, (ii) all fixtures and furniture, equipment other persona) property owned, supplied installed by Unit Owners or tenants or subtenants thereof, (iii) all alterations, capital

improvements and betterments made by Unit Owners, tenants or subtcnants and (iv) to the extent required by applicable law, electrical

fixtures, water heaters und built-in cabinets, all of which are located within a Unit and are the repairireplacement responsibility of tite Unit Owner (or its tenant or subtenant).

AIJ, OWNERS, MORTGAGEES, OCCUPANTS OF UNITS AND O'I'l-lER AFFECIED l"AR'DES ARE HEREBY ADVISEI) TI-IAT LT MAY NOT BE ECONOMICALLY FEASIBLE OR OTI-IERWISE

POSSIBLE TO INSURE 'Il-lB IMPROVEMENTS FOR TI-IEIR FULL REPLACEMENT VALUE AS A RESULT OF T] ¡E APPLICABILITY OF ZONING OR BUILDING CODES. ACCORDINGLY, NJiJTHER THE ASSOCIATION NOR ANY OFFrCER OR DIRECTOR THEREOF

SHALL 131-t LIABLE TO ANY PARTY WIIAÌ'SOEVER IN TUE l'VfiN'l' 01: A CASUALTY LOSS 'FO II-TE IIUILI)LNG WIIICII EXCEEDS THE COVERAGE AFFORDEI) 13V REASONABLY

AVA)LAI3LFt INSUItANCI.t. (b)

Liability-. Comprehensive general public liability and automobile liability insurance covering loas or damage resulting from accidents or occurrences 18

Peclarafløn of Conuionijniurn Arbor t tcigha, a CendcnnnIum

1XÑbLtAs COUNTY FI O'F. REC. 13K

14909

PG

1407

on or about or in connection with the insured Properly or adjoining driveways and walkways, or any work, matters or things related to the

Insured Property, with such coverage as shall be required by iba ¡3oard of Dircctors of the Association, but with combinad single limit liability otnoi less than $2,000,000 for each accident or occurrence, $300,000 per person and $100,000 property damage, and with a cross liability endorsement to

cover liabjlil.ies of the Unit )wners as a group to any Unit Owner, and vice versa. The Association may also obtain and maintain liability

insurance for its directors and officers and for the benefit of the Associatiou'a employees. (C)

Worcers Compensation and other mandatory insurance, when applicable.

Flood Insurance covering the Common Elements, Association Property

and Units if required by the Primary tnstituUonal First Mortace or 1NMA/FI U.MC, or if the Association so elects.

i'ideli(y insurance, il' required by the Act or INMA/F1 il MC, covering all persons who curitmj or disburse Association funds as well as the officers of the Association, including the President. Secretary and t'reusurr, such insurance to be in an amount not less than the maximum firnds that will he in the custody of the association or its management agent ut ¿tny one time. (t)

Associatioii Property. Appropriate additional policy provisions, policies

or endorsements extending the applicable portions of the coverage described above to all Association Property, where such coverage is available.

(g)

Such other InSOraneC s the Board of Directors of the Association shall determine from time to time io be desirable.

When appropriate und obtainable, each of the foregoing policies shall waive the insurer's right to: (i) subrogation againsi the Association and against the Unit Owners individually and as a group, (ii) to pay only a fraction of any loss in the event of coinsurance or if other insurance carriers hove issued coverage upon the same risk, and (iii) avoid liability for aloss that is caused-by an act of the Board

nl Directors of the Association, a member of the Bonrd of Directors of the Association, one or more Unit Owners or as a result of contractual undertakings. Additionally, each policy shall provide that any insurance trust agreement will he

recognized, that the insurance provided shall not be prejudiced by any act or omissions of individual Unit Owners that are not under the control of the Associatìn, and that the policy shall be primary, even if tt Unit Owner han other insurance that covers the same loss.

Every casualty insurance policy obtained by the Association, il' required by

FNMAJI"HI.MC, shall have the Ibllowing endorsements: (i) agreed amount and inflation guard und (ii) steam boiler coverage (providing at least $50,000 coverage (or each accident ut euch locution), if applicable. 14.3

Additional Provisio, Ali policies of insurance shall provide that stich policies may not he canceled or substantially modified without at least thirty (30) days' prior written notice to all of the named insured, including all morigugees of Units.

Prior to obtaining any policy of casualty insurance or any renewal thereof, the floard of Directors shall obtain m appraisal (ruin a fire insurance company, or other competent appraiser, of the full insurable replacement value of the Insured Property (exclusive of foundutions), without deduction for depreciuliun, tòr the purpose nl' determining the amount of insurance to be effecied tO this Section,

14.4

Premi1tn).. Prcxniujrts upon insurunce policies purchased by the Association shall be paid by the Association as a Common Expense, except that the costs of' fidelity bonding for arty management company employee may be paid by such company 19 Dcc Jurntian of Condo,uiniuni ArbOr t-leighcn. a Condomnintuni

P.tNELLAS COtfl'JTY FL, OST, REC. 0K

14009

PG

1400

pursuant to its contract with the Association, Pternhuns may be financed in such manner us the l3oard of Directors deems appropriate. 14.5

Ipsurar)ce Trustee' Share of' l'roceeda. AIL insurance policies obtained by or on

behalf of the Association shall he for the benefit of the Association, the Unit

Owners and their mortgagees, us their respective interests may appear, aoci shall provide that all proceeds covering property losses shall be paid to the Insurance Trustee which shall be designated by the Board of Directors and which, if so appointed, shall be a hank or trust company in Floticla with trust powers, with its principal place of business in the State of Florida or one or more of the Directors or ()ffl cera of the Contloijnjrn Association. The Insurance Trustee shall not be liable (or payment of premiurris, nor for the renewal or the sufficiency ot' policies, nor for the failure to collect any insurance proceeds. The duty of the tnsurzmcc Trustee shall be to receive such proceeds as are paid and to hold the same in trust tòr the purposes elsewhere stated herein. ¿md t'or the benefit of the Unit Owners and their respective mortgagees in the following shares, but shares need not be set forth on the records of the Insurance Trustee; (u)

lnsucd Property. Proceeds on account of damage to the Insured-Property shall be held in undivided shares for each Unit Owner, such shares being the same as the undivided aliares in the Common Elements appurtenant to

each Unit, provided that if the !nsurcd Property so damaged includes

property lying within the--beunduries ot specific Units, that portion of the -proceeds allocable_to such property shall be held as iI' that portion of the Insured l'roperty were Optional Properly as described in paragraph (b) below.

(b)

Optional Property Proceeds on account of damage solely to Units ¿iod/er certain portions or all of' the contents thereof not included in the insured

Property (all as determined by the Association in its sole discretion) (collectively the "Optional Property"), if any is collected by reason of optional insurance which the Association elects to carry thereon (as coniemplated herein), shall be held t'or the benefit of Owners of Units or

other portions of the Optional Property damaged in proportion to the cost of repairing the damage suffered by each such affected Owner, which cost an4 nt1ocutin shall be determined in the sole discretion ol' the Association. (e)

14.6

Mortgagees. No mortgagee of n Unit shalt have any tight to determine or participate in the determination an to whether or not any damaged property shall be reconstructed or repaired, ¿md no mortgagee shall have any right to apply or have applied to the reduction of a mortgage debt any insurance proceeds, except for actual distributions thereof made to the t.init Owner and mortgagee pursuant to the provisions of this Declaration.

Distribution of Proceeds.

Proceeds nl insurance policies received by the Insurance Trustee shall be distributed to or for the benefit ot'thc beneficial owners thereof in the following maimer; Fxpenscs of the l'rt1. All expenses of the tosurance Trustee shall he first paid or provision shall be made therefor, RCCOIÌStrUCtiOIÌ oy Repgft. If the damaged property t'or which the proceeds arc paid is to he repaired or reconstructed, the remaining proeecds shall be paid lo defray the cost thereof as elsewhere provided herein. Any proceeds remaining after defraying such Costs shall be distributed to the beneficial owners thereof' itt the saine percentages as their ownership of

the common elements, with remittances to Tiitit Owners and their mortgagees being payable jointly to them. (e)

Fniluc to Recogtrucl or Repj.

If it is determined in the manner

elsewhere provided that the damaged property t'or which the proceeds ace 20 Dec larat ion of Cundeu niniuni

Arbor Iteights, a Cuiidor;ciiiium

PINELLAS COUNTY FL OFF. R1C. Uit

14909

PG

1409

paid shall not be reconstructed or repaired, the remaining proceeds shall be allocated among the beueflciul owners as provided in Section 14.5 above,

and distributed first to all institutional First Mortgagees in un amount sufficient la pay off their mortgages, und the balance, it' any, to the

befljn1 owners. (4)

Certificate. In making distributions to Unit Owners and their rnortgngees,

the Inuranec Trustee (if appointed) may rely upon a certiñeate of the Association made by ita President and Secretary as to the names of the Unit Owners and their mortgagees and their respective shares of the

distrihutlon. 147

t\ssociation a. Aggnt. The Association is herchy irrevocably appointed us agent and nitorney-in-ñtci for each Unit Owner and for each owner of a mortgage or

other lien upon a Unit and for each owner uf any other interest in the

Condominium Property lo adjust all claims arising under insurunce poticle purchased by the Association and to execute and deliver releases upon the payment of claims. 14.8

Unit Owners' Pcrsol)al Coverage. Unless the Association elects otherwise, tite insurance purchused by tue Association shall not cover claims against an Owner

due io uccidnt occurring within his Unit, nor casualty or theft loss to the contents of an Owners Unit. It shall bç the obligation of the individual Unit Owner, if such Owner so desires, to purchnse and pay for insurance as to all such and other risks not covered by insurance curried by the Association. 14.')

llene (it et' Moriiecs, Certain provisions in this Section 14 entitled "Insurance'

are lbr the benefit of mortgugees of Unli unii may he enforced by such

mortgageas.

In the event of a dispute or lack of certainty as to whether damaged property constil.ute a Unit(s) or Common

14.10 Presumption us to l')umaged Property.

Elements, such property shall be presumed to be Common Elements.

15,

Reconstructiop or Rçpnir After_Fire or Other Casualty. t 5. 1

Deterruination to ,Rcconstruet or Repair. Subject to the immediately following paragraph, in the event of damage to or destruction of' the Insured Property (end the Optional Property, if insurance has been obtained by the Association with respect thereto) as a result of fire or other casualty, unless 75% or more of the Insured Property (and the Optional Property, if insurance has been obtained by the Association with respect thereto) is destroyed or substantially damaged und Unit Owners owning 80% or moie of the applicable interests in the Common Elements elect not to proceed with repairs or restoration and the Primary Institutional Pirst Mortgagee approves such election, the Board of Directors shall arrange for the prompt repair and restoration of the Insured Property (and the Optional Property, it' insurance has been obtained by the Association with respect thereto) und the

Insurance 't'rustee (if appointed) shall disburse the proceeds of all insurance policies to the contractors engaged in stich repair und restoration in appropriate progress payments.

If 75% or more of the Insured Property (and the Optional Property, if insurance

has been obtuined by the Association with respect thereto)

is subattuttiully

damaged or destroyed und if liait Owners owning 50% of the applicable interests in the Common Elements duly and promptly resolve not to proCcC(l with the

repair or restoration thereof und the Primary Institutional First Mortgagees approve such resolution und provided a recorded instrument has effected the

termination of the Condominium, the Condominium Property will not be repaired and shall he subject to un action l'or partition instituted by the Association, any lJnh Owner, mortgagee or lienor, as il' the Condominium Property were owned in

common. ht which event the net proceeds of insurance resulting from such

damage or destruction shall be divided among till the Unit Owners in proportion 21

Declaration of Condominiom Arbor I teihcs, a Cuiiclwninium

E'INET-.LAS COUNTY FI OFF. REO. Hc

14O9

PG

1410

to their rcspec*iVC intersLs in the Cornrnn Ïicmcn*s (wiih respect to proeed.s held for darnagc to the Insured I'roperty other than thnt portion of tbc Insured Property 1yin within the boundirìs of the unit), and rnoiig iffeotetI Unit owners in proportion to the drniagc suffered by CECh such affected Unit Owner. as determined in the solo discretion of the Associtition (with respect to proceeds held ibt damuge lo the OptionI Property, ifmy and/or hint portion ofthe Insured I'roperty 1yng within the boundaries of the Unit); provided. however, I-lint no pymefu shall bt made to a Unit Owner until there lins (irt been paid off out of his shnrc of such fund all mortgages and tiens on his Unit in the order of priority ofsuch rnortuges and 1ien. Whenever in this Section the words "promptly repnir Arc used. ¡t shaU rnan that repixs arc to bcßin flot more than sixty (60) days from the dnte the Insuriince Trustee (if appointed) notifica the Board of' Directors nun Unit Owners that it holds proceeds of insurance on account of such dUJTIUgC or destruction sufficient to pay the estimated cost of such work, or not more than ninety (90) days after the Insurance 'l'rustee (if appointed) titifies the Board of Directors und the Unit Owners that such proceeds of insurance ure insufficient to puy the estimated costs of such work. The lnsiirancc Trustee i f appointed) may rely upon a certificate of the Association made by its President arid Secretary to determine whether or not the damaged property is to be reconstructed or repaired. 15.2

Plans and Specilicatiorts. Any reconstruction or-ì'ej,air musi be made substantially in accordance with the plans and specifications for1he oriirul Improvements-and

then applicable building and oilier codes; or if not, then in accordance with the plans and specifications approved by the Board of Directors of' the Association arid then applicable building and oilier codes. and if (lie damaged property which is to he altered is the Building or the Optional Property, by the Owners of not less than 80% of the applicable interests in the Common Elements, as well as the

Owners of all Units und other portions of the Optional Property (and their respective mortgugees) must approve the plans which are to be altered.

15.3

Special Rcspnsibijji. If the damage is only to those parts of the Optional Property for which the responsibility of' maintenance and repair is that of the respective Unii Owners, then the Unit Owners shall be responsible for all necessary reconstruction and repair, which shall b effected promptly and in

accordance with guidelines established by tile Board of Directors (unless

insurance proceeds are held by the Association with respect thereto by reason of Clic purchase of optional insurance thereon, in which case the Association shall have the responsibility lo reconstruct and repair tue damaged Optional Property, provided the respective Unit Owners shall be individually responsible for any amount by which the cost of such repair or reconstruction exceeds the insurance

proceeds held for such repair or reconslrtiction on n Unit by Unit basis, as determined in the sole discretion o!' the Association). In all other Instances, the

responsibility for alt necessary reconstruction and repair shall be that of the

Association. 15.4

Es4 jnajije of Cosi, Before making a determination as whether or not to reconstruct

or repair damage to property for which the Association has the responsibility of

reconstruclión und repair, the Association shall obtain rclible and detailed estimules of the cost to rebuild or repair.

Association, 'lue Association shall hold the sums paid upon Assessments made by the Association in order to provide funds for payment of the costs ol'recoumtructìon and repair which are the responsibility at' the Association end disburse the same in payment at' such costs,

Dibutsemnt. '['he proceeds of insurance collected on account of a casually, and the sums collected from Unit Owners on account of such casualty, shall constitute a constrLIctIon ftmd which shall be disbursed in payment of the casts of reconstruction and repair in the following manner and order: 22 Dsiclar,itiirn of Cc»mdorniniiim

Arbor tLoights, si Contloni ¡nia n

PINLLA COUNTY FL OFF. nno. B1<

14909

PG

14-1-

Assojatjpn - Lesser Damage. If the amount of the estimated costs

of reconstnlction and repair which are the responsibility of the

Association is less than $100,000, then the construction fund shall be disbursed in payment of such costs upon tite order of the loard

of l)ireetors of the Association; provided, however, that upon

request to the Insurance Trustce (if appointed) by an Institutioruti First Mortgagee which is a beneficiary of an insurance policy, the proceeds of which are included in the construction Fund, such fund shall

be disbursed in the manner provided below for

the

reeonstmctiol) and repair of major daniage.

sociatn - Majo rJ)amnage. li the amount of the estimated costs of reconstruction nd repair which arc the responsibility of the

Association is more than $100,000, then the construction fund

shall be disbursed in payment of such costs In the manner

contemplated by subparagraph (i) above, but then only upon the further approval of an architect or engineer qualified to practice in Florida and employed by the Association to supervise the work.

If there is a balanec of insurance Proceeds after payment of all costs of reconstruction and repair that are the Unit Ownera

responsLbility of The Association, this balance may be used by the

Association to effect repairs to the Optional Property (if not

insured or if underinsured), or may be distributed to Owners of the Optional Property who have the responsibility for reconstruction and repair thereof. l'he distribution shall be in the proportion that the estimated cost of reconstruction and repair of such damage to each affected Unit Owner bears to the total of such estimated costs to all affected Unit Owners, us determined by the Board; provided. however, that no Unit Owner shall be paid an ainoulit in excess of

the estimated costs of repair t'or his portion of the Optional Property. All proceeds must be used to effect repairs to the Optional Property, and it' insu fuicient to complete such repairs, the

Owners shall pay the defìcit with respect to their portion of the Optional Property and promptly effect the repairs. Any balance

remaining after such repairs have been effected shall be distributed

to the Unit Owners arid their mortgagees jointly as elsewhere herein contenipinted. in the same percentages its their ownership of the common elements.

lt shall be presumed that the first monies disbursed in

payment of costs of reconstruction and repair shall be from

insurance proceeds. 1f there is a balance in a construction fund after payment of all costs relating to the reconStrUCtion and repimir t'or which the fund is established, sucht balance shall h distributed

to the Unit Owners in the manner elsewhere .statéd in tIte saine percentages as their ownership of the common elements; except,

however, that the part of a distribution to an Owner which is not in excess of Assessments paid by such Owner into the construction fund thall not be mude payable jointly to any mortgagee. Notwithstanding the foregoing, the Association may elect, at its sole discretion, to allocate any such surplus to rcduc the following

year's assessments in lieu of distributing money to the Liait Owners.

(y)

Certificate. Notwithstanding the provisions herein, the Insurance

'l'rustee shall not he required to determine whether or not sums paid by Unit Owners upon Assessments shall he deposited by the Association with the lrisurance Thistee, nor to determine whether the disbursements from the construction fund arc to be made upon time order of tite Association alone or upon the additional approval 23 t' Condúunni um Arbor h I I ghts, lt Condoni i n juin

I)eclurstiorl

PItET,J.1¼5 COUNTY FL OF'.

IIC.

BK

4OO9

PG

1412

of an arehhecl, engineer or otherwise, nor whether a disbursement is to be made from the construction fund, nor to determine whether surplus funds lo be distributed are less than the Assessments paid

by Owners, nor to determine the payees iior the amounts to be paid. The Insurance Trustee may rely upon a certiticnle of the

Association, made by its President and Secretary, as to any or ali of such matters and stating that the surfis lo bo paid tire due and

properly payable, and slating the atunes of the payces and the amounts to be paid. 15.5

Assessments. If the procectis of the insurance are not sufficient to deiì'ay the estimated costs of reconstruction and repair to be effi.cced by the Association, or il at any tít-nc during reconstruction and repaii-, or upon completion of reconstruct ion and repair, the funds for the payment of the costs of reconstruction und repair tire

insufficient, Assessments shall be made against the Unit Owners in sufficient amounts to provide funds for (he payment of such costs. Such Assessments on account of dnnmgc lo the Insured Property shall be in proportion to all of the Owners'- respective shares in the Common Elements, and on account al' damage to the Optional Property, in proportion lo the cost of' repairing hc damage st,ftred by each Owner Ihercot as determined by the Association. i

5.6

flccflI of Mortgagees Certain provisions in this Section 15 ure for the benefit of mortgagees oft Jrtits and may he enforced by any of them.

16.

Codernnution

1. I

l)esit of Awards with InsurtQcc Trustee.

'Ibe Inking nl' portions of the

Condominium Property by the exercise of the power of eminent domain shall he deemed to be a casualty. and the awards for that taking shall he deemed to be Proceeds from insurance on accoum of hic casualty and shall be depolted with (lie Insurance 'I'ri.istoc. IIven though the awards may he payable to Unit Owners, the Unit Owners shall deposit the awards with the Insurance 'l'rustee: and in the

event of failure to dg so, in the discretion of the Board of Directors of the

Association, a spCia1 Assessment shall be made against a defaulting Unit Owner in the aniount of his award, or the amount of that award shall he set off against the sums hereafter made payable to that Owner. 16.2

Iterrninaliou_Wlwther ta Continue Cn1irninjm Whether the Condominium

1 6,3

Dishus-scnent of Punds. 1f the Condontirdum is terminated aller condemnation,

will he continued after condemnation will be determined in the manner provided fur determining whether damaged property will be reconstructed und repaired aller casualty. For Ibis purpose, the taking by eminent domain also shall be deemed to be a casualty.

the proceeds of the awards and special Assessments will be deemed to he insurance proceeds and shall be owned and distributed in the manner provided

with respect to the ownership and distribution of insurance proceeds il' the Condominium is terminated after a casualty. If the Condominium is noi

terminated after condemnation, the size of the Condominium will be reduced and the property damaged by the taking will be made usable in the nianner provided below. 'lite proceeds of the awards and special Assessments shall be used foT these purposes and shall be disbursed in the manner provided for disbursement of funds by the insurance trustee (if appointed) after a casualty, or as elsewhere in this Section 16 specifically provided. 16.4

Unit_Reduced but I Iajtabjo. 1f the taking reduces the size of' a Unit and the remaining portion of the Liait can be mude habitable (in the sole opinion of the Association), the award t'or the taking of' a portion of' the tinit shall he used for the following purposes in the order stated antI the following changes shall be made to the Cundominiuin: 24 Dcc Iflration or Candent (muni Arbor Hc,hts, n Cnndominiurn

PINELL..8

COUN'f'

I'L OFF. 1EC.

ç

14900

PG

413

Rirttion of UnLt. l'ho Unit shall ho made habitable.

1f the cost of the restoration exceeds the amount of the award, the additional funds required shall b assessed against the Owner afilie Unit.

Distribution øf Surplus. The balance of the award in respect of the Unit, if any, shall he distributed to the Owner of the Unit and to each mortgagee of the Unit, the remittance being made payable jointly to the Owner and such mortgugees. (e)

Adjustment of Shares irj Curon Elements, if the floor arca ut' the Unit ¿s reduced by the taking, the percentage representing the share in the Common liemcnts and of the Common Expenses and Comnion Surplus appurtenant to the tinit shall he reduced by multiplying the percentage of the applicable Unit prior to reduçtion by tu fraction, the numerator nl' which shall be the area in square fcet of the Unit aller the taking and the denominator of which shall be the area in square feet of the Unit before the taking. The shares of all Unit Owners in the Common Elements.

Common Expenses and Common Surplus shall then bo restated us follows:

add the total of all percentages of all Units ater reduction as af'oresaid (the "Remaining Percentage Balance"); and

divide each percentage foi' each Unit after reduction as aforesaid by the Remaining Percentage Balance. The result of such division for each Unit shall be the adjusted percentage for such Unit, 16.5

Unit Made lJninhabltahle. lf'the taking is oftJi entire Unit or so reduces the size of a Unit that it cannot be tnadc habitable (in the sole opinion of the Asciutiøn), the award for the taking of the Unit shall be used far the following purposes in the order stated and the following changes shall be made to the Condominium:

The awards shall be paid first to the applicable Institutional lirst Mortgugecs in amounts sufficient to pay off' their Payment of Award.

mortgages in connection with each Unit which is not so habitable; second, to the Association Ihr any duc and unpaid Assessments; third, jointly to the affected Unit Owners and other morigagees of their Units. In no event shall the total of such distributions in respect of a specific Unit exceed the nutrkei value of such Unit immediately prior to the taking. 'Ihe balance, if any, shall be applied to repairing and replacing the Common Elements, Addit10 to Cctmn2ort Elements. '['ho remaining portion of the Unit, if any,

shall become part of' the Common Elements and shall be placed in u condition allowing, to the extent possible, for usc by all ut the Unit

Owners in the manner approved by the Board of Directors of the

Association; provided that if the cost of' the work therefor shall exceed the

balance of the fund from award t'or the taking, such work shall be approved in the niarmer elsewhere required for capital improvet-nents to the Common Elements.

Adjiistmcnft' Shares. The shares in the Common Elements, Comrton

Expenses and Common Surplus appurtenant to the Units titat continue us part of the Condominium shall be adjusted to distribute the shares in the Common Elements. Common Expenses - and Conunon Surplus among the reduced number of Unit Owners (and among reduced Units). 'l'his shall be effected by restating Ihe shares of continuing Unit Owners as follows: (i)

add the total of all percentages of all Units of continuing Owners prior io this adjustment, bu after any adjustments made necessary by subsection 16.4(c) hereof (the "Percentage Balance"); and 25 Dccbmrallon of Condomnitilumn

Arbor Hetgbts, a Coiimtomtníarn

PINnLtJS C0t3lTY PL OFF. REC. BK

(ii)

14909

PG

1414

divide the percentage of each Unit of a continuing Owner prior to

this adjustment, but añer any adjustments made necessary by subsection 16.4(c) hereof, by the Percentage Utalance,

l'he result of such division for euch Unii shell he the adjusted percentage for such Unit. Assessments. If thc balance of the award (aller payments to the Unit Owner and such owners mortgageos as above provided) for the taking is not sufficient to alter the remaining portion of the Unit for use as u part of the Common Elements, the additional funds required for such pci-pases

shall be raised by Assessments against all of the Unit Owners who will

continue as Owners of Units after the changes in the Condominium et1cted by the taking. The Assessments shall be made in proportion to the applicable percentage shares of those OwncrH anar all adjustments to such shares effected pursuant hereto by reason of the taking.

&bilrittion. If the market value of a Unit prior to the taking cannot be determined by agreement between the Unit Owner and morigagees of the Unit and the Association within 30 days aller notice cl' n dispute by any affected party, such value shall be determined by arbitration in accordance

with the then existing rules of the American Arbitration Association, except that the arbitrators simli be two appraisers appointed by the

American Arbitration Association who shall base their determination upon un average of' their appraisals of the Unit. A judgment upon the decision

rendered by the arbitrators muy be entered in any cauri of competent

jurisdiction in accordance with the Florida Arbitration Code. 1he cost of arbitration proceedings shall be assessed against all Units Owners. including Owners who will not continue at'tcr the taking, in proportion to the applicable percentage shares of such Owners as they exist prior to the

adjustments to such shares effected pursuant hereto by reason of the taking. 16.6

ThkingofCorrinion Elements. Awards fai-the taking of Common Elements shall b used Lo rendcr the remaining portion of thta Cognition Elements usable ta the manner approved by the Board of Directors of the Association provided, that if the cast of such work shall exceed the balance of the funds from the awards for

the taking, the work shall be approved in the manner elsewhere required for capital improvements to the Common Elements. The balance of the awards far

the taking of Common Elements, if any, shall be distributed ta the Unit Owners in tue sitares in which they own the Common Elements after adjustments to these shares effected pursuant hereto by reason of the taking. If there Is a mortgage on a Unit, the distribution shall be paid jointly ta the Owner and the mortgagees of the Unit: 16.7

Amendment of Declaration. The changes in Units, in the Common Elements and in the ownership of tim Conimon F,lcrncnts and share in the Common Expenses and Common Surplus that are effected by the taking shall be evidenced by an

amendment to this Declaration of Condominium that is only required to hé approved by, and executed upon the direction of', a niqjurity of all Directors of the Associntian. 1 6.8

l)iscrction of l3ourd. In circumstances not covered by this Declaration or by law, a

2/3rds majority of Board may, upon an opinion of counsel that its decision is reasonable, deal with the condemnation in such reasonable manner as it

determines to be appropriate under the circumstances. 17.

Occupancy and tJ5e Restrictions. In order to provide for congenial occupancy of the Condominium Property ruad ihr the protection of the values of the Units, tue use of the

Condominium Property shall be restricted ta and shull be in accordance with the following provisions:

26 Declaration ot'Condorniniun;

Arbor i teighti. a Condt,rniu,i,irn

PINnL.LAS COUNTY Fi, OFF.

17.1

kEC. BK

14909

PG

1415

Oecupancv. Each Unit shall be used as a residence only. A Unit owned by ari

individual, corporation, purtnership, trust or other fiduciary may only be occupied

by the fit1owing persons, and such persons' families, provided that the Unit Owner or othci- ¡crmittcd occupant must reside with his/her family: (i) the

individual Unit Owner, (ii) an officer, director, stockholder or employee of such corporation, (iii) u panner or employee of such partnership, (iv) the fiduciary or beneficiary of such fiduciary, nr (y) permitted occupants under a lease or sublease of the Unit (us described below), as the case may be. Occupants of u leased or subleased Unit must be the following persons, und such persons' families who reside with them: (i) an individuaI lessee or sublessec, (ii) an officcr, director,

slockbolder or employee of a corporale lessee or sublessee, (iii) a partner or employee of a partnership lessee or sublessee, or a fiduciary or bencticiary of a fiduciary lessee or sublessee. In no event shall occupancy (e,cept for temporary occupancy by visiting guests) exceed two (2) persons per bedroom and one (1)

person per den (as defined by the Association for the purpose of excluding tioin stich definition living rooms, dining rooms, thmily rooms, country kitchens and the like). Time Board of Directors shall have the power to authorize occupancy of

a Unit by persons in addition to those set forth above. The provisions of this Section 17.1 shall not be applicable to Units used by the Developer Ibr model apiirtinents, guest accommodations, sales offices or management services.

As used herein, 'fitmily" or words olsiniilar import shalt be deemed to include a

spouse, children, parents, brothers, sisters, grandchildren und other persons permanently cohabiting flic Unit as or together with the Owner or permitted occupant thereol As used herein, "guest" or words of similar import shall include only those persons who have a principal residence other than the Unit.

Unless otherwise determined by the Board of Directors of the Association, other than family of the Unit Owner or other person(s) who perinanenUy eohubitates in the Unit with the Unit Owneroccupying a Unft fòr more than one (1) month shall not be deemed a guest hut, rather, a person shall he deemed a lessee for purposes of this Declaration (regardless of whether n leise exists or ment is paid) and shall

be suhjct to the provisions of this Declaration which apply to lessees. The purpose of this paragraph is to prohibit the circumvention of the provisions and

intent of this Section 17 and the Board of l)irectors of the Association shall

enforce, nd the Unit Owners comply with, same with due rtgard for such purpose.

'l'ho rights of the unit Owners lo use any porlioil of the Asociutiori Property

and/or the Common Elements sh&l be limited to the extent granted in, and subject to the restrictions of Section 3.4(d) hereof, and the obligation for the payment of assessments as set tbrtb in this Declaration.

172

Children. Children shall be permitted to reside iii Units. subjcI to the provisions ut Section 17. 1, above.

17.3

Pets. tach Unit Owner or occupant (regardless of the number of joint owners or occupants) may maintain up to two (2) household pets (except fish and birds lbr which there is no limit on the number) in his Unit, to he limited to dogs and/or cats, more specifically one (1) dog nnd one (1) cat, but not two (2) if either, (or other household pets defined us such and specifically permitted by the Association such as fish and caged (domestic type) birds), provided that such pets are (a) permitted to he so kept by applicable laws and regulations, (b) not kept, bred or maintained for any commercial purpose, (c) noi left unattended on balconies or

in lanai areas, (d) generally, not a nuisance tu residents of other Units or of neighboring buildings and (e) not a pii hull or other breed considered to be dangerous by the J3oard of Directors; provided that neither the Board nor the AssociaLon shall he liable for any personal injury, death or property damage

resulting from a violation of the foregoing and any occupant ola Unit coni mitling such u violation shall, und does hereby, fully indemnify and hold harmless Il-te hourd of Directors, the Developer, each Unit Owner and the Associulon in such regard. Unit Owners musi pick-up all solid wastes of their pets untI dispose of such WUSICS ¿ippropriately. All pets (including cals) must be carried or kept on a 27

Declaration uf' Cendomintrn Arbor IJctihjs, u Cta ¿dornintuni

PINELIJS COUNTY 5'E. OFF. REC. Bic 14909

PG

1416

leush no more than six (6) feet in length al all Urnes when outside the Unit. No

pets may be kept on balconies when the Owner is not in the Unit. Without limiting the generality of Section 19 hercof violation of' the proviioris of this

paragraph shall entitle th Asocitatiori to all of its rights and ,'emedics, inoludin, but not limited to, the right to fine Unit Owners (as provided in any applicable rules and regulations) and/or to require any pot to be permanently removed from the C:ondominlum Property upon three (3) days' notice. This Section 17.3 shall

no prohibit the keeping of lish or n caged household-type bird(s) in a Unit,

provided that a bird(s) is not kept on Limited Common become a nuisance or annoyance lo neighbors. 17.4

lemcnis und does not

Alterationg. Without limiting the generality of Section 9. 1 hereoL but bject to Seeton 10 hereof, no Unit Owner shall cause or allow improvernetus or changes

to any Unit. Limited Common Elements appurtenant thereto or Comrnort

Wernenis, without obtaining the prior written consent of the Association (in the

manner specified in SCCtiÚn 9.1 hereof). 17.5

Usc et' Common Elements. 'i'he Common Elements shall be used only t'or t'ornishing of the services and facilities for which they are reasonably suited and which are incident to the use and occupancy of' Units.

17,6

Nuisances. No nuisances (as defined by the Association) shall be allowed on the Condominium Property, nor shall any LI 'e-or practico he allowcd which is a source

of annoyance to residents or occupants of Units or which interferes with the

peaceful possession or proper use of the Condominium Property by its residents or occupants. No activity specifically perrnìtted by this Declaration shall be deemed a nuisance. 17.7

NQlrnproperUses. No improper, offensive, hazardous or unlawful use shall be made of the Condominium Property or any part thereof, and all valid laws. zoning

ordinances und reulfflioris of all governmental bodies having jurisdiction thereovcr shall be observed. Violations of laws, orders, rules, regulations or requirements of' any governmental agency having jurisdiction thereover, relating

to any portion of the Condominium Property, shall be corrected by, and al the sole

expense of, tite party obligated to maintain or repair such portion of the Condominium Property, us elsewhere herein set forth. Notwithstanding the foregoing and any provisions of this Declaration, the Articles of Incorporation or By-Laws, the Association shall not be liable to any person(s) for its failure to enforce the provisions of this Section 17,7. No activity specifically permitted by this Declaration shall be deemed lobe a violation ol'this Section. i 7.8

Floor Coverings. Without limiting the generality oI'tlic approval requirements set forth in Section 9 of' this Declaration, no hard-sLirfaced floor coverings stich as

wood, tile, marble und stone shall be installed in any Unit or its appurtenant Limited Common Elements unless saine is itistulled with sound-absorbing backing meeting the requirements, toin time to tinte, of the Association, Any

change in the floor covering of a Unit to be made by a Unit Owner (other than the Developer) musi first be approved by the Association. 17,9

Exterior lmproygnenfLnndscaping, Without limiting the generality of Sections 9. 1 1 7.4 bereut', hut subject to any provision al' this f)cclaration specifically permitting same, no Unit C)wnr shall cause anything to be affixed or attached to. hung, displayed or placed on the exterior waits, doors, balconies or windows of'

the l3uildiiig (including, l'ut not limited Lo, awnings, signs, storm shutters, screens, window tinting, furniture, fixtures and equipment), not' to plant or grow any type uf shrubbery, flower, tree, vine, grass or other plant life outside his Unii, without the pilot' written consent of the Association. Notwithstanding the foregoing, Unit

Owners will he permitted to attach religious symbols (i.e., mezuzah, etc) to be attached to door frames and temporariiy display holiday specific decorations (i.e., menoruhs, wreaths, Christmas ornaments, etc) on doors and/or windows. 28 t)ectarsliori el Condominium Arbor f toIhts, mm Conduntiniumn

PINELI.AS COUNTY FL OFF. RC, 13K

14909

17.10 Relict' by AssQQizliofl.

PG

14:1.7

The Association shall have the power (but not the

obligation) to grant relief in particular circumstances from the provisions Ot'

specific restrictions çontnincd in this Section 17 for good cause shown. 17.11

I8.

liffrct on 1)evloper: Association. The rcslritions limitations set forth in this

Section 17 shall not apply to the Developer or to Units owned by the Developer. l'hc Association hatl have the power (but not the obligation) to grant relief in particular cireumstance from provisions of' specific restrictions contained in this Section 17 fbr good cause shown.

elIing, Mortnnin

d Leasing of Units.

In order to insure t community ofcongcniul residents and occupants and protect the valuo of the Units and to rurthcr the continuous harmonious development of the Condominium community, the sale and transfer of Units by any owner shall be subject to the followin8 provisions. The provisions of this Article 18 hal1 not apply to the l)evoloper. 1 9. I

Sales. There arc no restrictions on the sale or transièr of Units,

18.2

Ïcaes. Leasing of Units is permitted without the consent of the Board of I)irectors; however each Unit Owner who leases his liait must provide the Association with a notice of the lease as well as pertinent identification and eniuct in formation for the lessee. No portion of a Unit (other than un entire

Unit) muy he rented. All lcrtscs shall provide (or be automatically deemed tu provide, absent an express statement) that the Association shall have the right to terminate the lease upon default by the tenant in observing any ut' the provisions of this Declaration, the Articles of' Incorporation and 13y-Uaws of the Association, applicable rules and regulations, or other upplicuble provisions of any agreement, document or instrument governing the Condominium. Regardless of whether or

not expressed in the applicable tease, the Unit Owner shall b jointly and severally liable to the Association for the acts and omissions of his tenant(s) which constitute a violation o1 or non-compliance with, the provisions of this Declaration and of any and all rules ¿md regulations of the Association.

Nothing herein shall interfere with the access rights of the Unit Owner landlord pursuant to Chapter 83, Fbi ida Statutes. The Association shall have the right to adopt rules to prohibit dual usage by a Unit Owner and a tenant of Association Property and Common blements otherwise readily available for use generally by Owners. 18.3

No Severance of Ownership. No part of the Common Llenients may h sold, conveyed or otherwise disposed of, except as an appurtenance to the Unit in

connection with a sale, conveyance or other disposition of the Unit to which such interest is appurtenant, lu)d any sale, conveyance or other disposition of a Unit

shall b deemed to include that Unit's appurtenant interest in the Common LU cruenta,

I 8.4

Oitls...nnd Dcvlsc. etc. Any Unit Owner shall be free to convey or transfer his

Unit by gift, to devise his Unit by will, or to have his Unit pass by intestacy, without restriction; provided, however, that each succeeding Unit Owner shall bu hound by. arid his (Jolt subject lo, the provisions of this Section 18.

18.5

l)cveboper 1,easln. It is understood and agreed by ali parties hereto and all Unit / Owners that Ihr itch period of time as Develóper deems appropriato, I)evcloper J may actively undertake a leasing and/or lease with option to purchase program with respect to Units owned by it. Accordingly, certain Units amy be occupied by tenants of the Developer under lease agreements or month lo month tenancies or other types nl' tenancies heretofore or hereinaFter consummated and agreed upon. Such tenants of Developer shall have the full right and authority to continue to OCCUPY said premises in accordance with their lease agreements, rental agreements or other tenancy agreements and to uso and enjoy on a non-exclusive basis all Common Llements of' the CondOminium without arty cost or expense. 29 t)ccliurstion of Condointaluni Arbor J-leights, n Cundomintum

PINL1,PS COUNTY FL OFF. REC.

K

14909

G

14i.G

Developer rescrvcs the right io nìaíntin a leasing as well as sales oluice within ihe Condorninitini for so long as Developer is afferin ordinary course of business. 19.

Units for sale in the

Compliance and Default. Hack Unit Owner and every occupant of a Unit and the Association shalt be governed by and shall comply with the terms of this I)eclaration of Condominium and all exhibits annexed hereto, and the rules and regulations ndopted pursuant to those documents, as the saine may be amended fiorn time to time. The Assoe1aion (and Unit Owners, if appropriate) shall he entitled to the following relief in addition to ihe remedies provided by the Act: I 9. 1

Mandatory Non-binding Aibitration of Disputes. Prior to the institution of' court litigation, Ihe parties to a Dispute shall petition the Division br non-binding arbitration. The arbitration shall be conducted according to rules promulgated by the L)jvio and before tu-bitrators employed by the Division. 1he filing of a petition lör urbiLrution shaLl toll the applicable statute of limitation for the upplicable Dispute, until the arbiiration proceedings are completed. Any

arbitration decision shrill be presented lo the parities in writing, and shall be nove is not filed in a court of competent deemed final if u complaint ftr trial jurisdiction within thirty (30) days following hic issuance of the arbitration decision. The prevailing party ¡n the arbitration proceeding shall be awarded tlltorneys Ibes and costs incurred in connection with the proceedings. The party who files a complaint for -a- trial dc yo shall be -assessed the other partya arbitration costs, courts costa uid other reasonable costs, inctuding without limitation, attorneys' fees, investigation expenses und CXJ)eflse5 For expert or other

testimony Or wvkkncc incurred after the arbitration dcciion if the judmvnt upon the triai £k aovo is not more favorable than the arbitration decision lt'judgrnent is shall be awarded more favorable, the party who filed a complaint for trial reasonable court costs and attorneys fees. Any party to an arbitration proceeding raLLy enforce an arbitration award by filing a petition in the circuit court for the circuit in which the nrbftrtnion took place. A petition may be granted unless the novo has expired. If a time for appeal by the tiling of u complaint for a trial complaint for a trial de nova has been filed, ¿t petition may net be granted with respect to an arbitration award that has been stayed. 19.2

Negligence. A Unii Owner shall- -be liable for the expense of any maintenance, repair or replacement made necessary by his negligence or by that of any member of his family or his or their guests, employees, agents or lessees, hut only to the extent such expense is not met by the proceeds of insurance actually collected in respect of such negligence by the Associution.

1 9.3

Compliance. In the event u Unit Owner or occupant fails to maintain a Unit or Ihils to cause such Unit to be maintained, or fbils to observe und perform all at, the

provisions of the l)cclartgion, the fly-Laws, the Articles o ineorporalion of the Association, applicable rules and regulations, or any other agreement, document or instrument affecting the Condominium Property in the manner required, the Association shall have the right to proceed in a court of equity to require performance and/or compliance, to impose any applicable fines. to suc in a court of law for damages, and to charge tite Unit Owner for the sums necessary to do whatever work is required to put the Unit Owner or Unit in compliance. 19.4

Costs or Attorney& Fees. In any proceeding arising because of an alleged lidiare of a Unit Owner or the Association to comply with the requirements of the Act, this Declaration, the exhibits annexed hercio, or the rules and regulationa udopied pursuant to said documents, as the sanie may be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorneys' fees (including appellate attorneys' fees). A Unit Owner prevailing in an action with the Association, in addition to recoverIng his reasonabLe attorneys' fees, may recover additional amounts as determined by the court to be necessary to reimburse the Unit Owner for his share of Assessments levied by the Association to fund its expenses of the litigation. 30 1)eelarntirn, of Condoininitlrn Arbor I Jeights, a CondomInium

PTNELt.A5 COUNTY FL OFF. REC. BK

19.5

20.

t4909

G

141,9

No Waiver [ Rights The failure of the Association or any Unit Owner to enforce any covenant, restriction or other pJovision of the Act, this Declaration, the exhibits annexed hereto, or the rules and regulations adopted pursuant to said documents, as the sume may he amended ('rom time to time, shall not conatituto a waiver of (heir right lo do so thereafter.

TerminatIon of Condominium. The Condominitim shall continue until (i) terminated by casualty loss, condemnation or eminent domain, as more particularly provided in this

Declaration, or (ii) such time as withdrawal of the Condominium Property from the provisions of the Act is authorized by a vote of Owners owning ¿it least 80% of the applicable interests in the Common Elements and by the Primary thstitutionnl First Mortgagee. ln the event such withdrawal is authorized as aforesaid, the Condominium Property shalt be sub ect to an action foi- partition by any Unit Owner, mortgagee of a Unit or henar as if owned in common in which event the net proceeds of sale shell be

divided among oil Unit Owners in proportion to their respective intetests in the Common lIements, provided, however, that no payment shall be made to a Unit Owner until there has first been paid off' out of his share of such not proceeds all mortgages and liens on his Unit in the order of their priority. The termination of the Condominium, as aforesaid,

shall be evidenced by a certificate of the Association executed by its President and Secretary, certifying as to the basis of the tenninalion and said certificate shall be recorded among the public records of the County.

This Scctin may not be amended without the consent of the Primary Institutional First Mortgagee and the Developer as long as it owns any Unit. 21.

Additional Rights of Morlaac4eesirnd Others 21.1

AvailabilJy of Association Documents. The Association shall have current and updated co1,jes of the following available for inspection by Institutional First Mortgagccs during normal business hours or under other resonnble circumstances as determined by the Board: (u) this l)eclnrution; (h) the Articles; (e) the By-Laws; (d) the rules and regulations of the Association; and (e) the hooks, records and rinancial statements of the Association.

21.2

Notices. Any holder, insurer or guorlintor of n mortgage on a Unit shall have, if first requested in writing from the Association, the right to timely written notice

any condemnation or casualty lass affecting n material

portion of thc Condominium and/or Association Property or the affected mortgaged tinit;

a sixty (60) day delinquency in the payment of the

Assessments on a mortgaged Unit;

(e) the occurrence of a lapse, caiiccilntion or material modification of any insurance policy mttinthined by the Association; (d)

any proposed action which requit-es the consent of a

specified number of mortgage holders.

Institutional First Mortgagees shall have the right, upon written request to th Association, to: (a) receive a copy el' ari audited linuncial statement of the Association for the immediately preceding fiscal year if such staleinenis were prepared; and (b) receive notices of and attend Association meetings. Covenant Running With the Lan.. All previsions of titis Declaration, the Articles, fly-. Laws and applicable rules and regulations of the Association, shall, to the extent applicable and unless otherwise expressly herein or therein provided to the contrary, be perpetual nd be construed to be covenants running with the land and with every part thereof and iflierest therein, und all of the provisions hereof and thereof shnìl be binding

21.3

22.

AsJ.çitiong] ¡.ights.

31

Dec1rntun ofCondorniniiim Arbor Heights. a Coaoniinium

PXNFLLS cotjwry FL OFF. REC. BK

14909

PG

1420

upon and ¡ame to the benefit of the Developer and subsequent owner(s) of the Lund or any part thercot or interest therein, and their respectivo heirs, personal representatives, successors and assigns, but the same are not intended to create nor shall they be construed as creating any rights in or for the benefit of the general public. All present and future Unit Owners, tenants and occupants uf Units shall be subject tu und shall Comply with the

provisitms of this Declaration and such Articles. 13y.Laws and applicable rules and regulations, as they may be amended from time to time. The acceptance of a deed or conveyance, oc the entering into of a lease, or the entering into occupancy of any Unit, shall constitute an adoption and ratification of the provisions of this Declaration, and the Articles, By-Laws and applicable rules und regulations of the Association, as they may be

amended from timo to lime, including, but not litniied

appointments of attorneys-in-fact contained herein. 23.

Additional 23.1

to,

a ratification of any

roviSios.

't'Iotkes. All notices to the Association required or desired hereunder or under the

By-Laws of the Assodiation shall he sent by certified mail (return receipt

requested) to the Association in care of its office at the Condominium, or to such other address as the Association may hereafter designate from time to linie by notice in writing to all Unit Owners. Bxcept as provided specifically in the Act, all notices to any Unit Owner shall be sent by first class mail to the Condominium address of such Unit Owner, or uçh other address as may have been designated

by him from time to time, ¡n writing, to the Association.

All notices to

mortgagees of Units shall be sent by ftrst class mail to their respective addresses, or such other address as may be designated by them from time to time, in writing to the Association. All notices shall be deemed to have been given when mailed in n postage prepaid sealed wrapper, except notices ot'a change of address, which

shall be deemed to have been given when received, or 5 business days aller proper mailing, whichever shall first occur. 23.2

Interpretalion, The Board nl Directors of the Association shall be responsible for interpreting the provisions hereof ¿md of any of the Exhibits attached hereto. Such interpretation shall be binding upon all parties unless wholly unreasonable. An opinion of legal counsel that any interpretation adopted by the Association Is not unreasonable shall conclusively establish the validity of such interpretation.

23.3

Mortgagees.

Anything herein to the contrary notwithstanding, the Association

shall not be responsible to any mortgagee of' a Unit or Jienor of any Unit hereunder, and may assume the Unit is free of any such mortgages or liens, unless

written notice of the existence of such mortgage or lien ¡s received by the Association. 23.4

Exhibits. There is hereby incorporated ¡n this t)eclaration all materials contained in the Exhibits unnexed hereto, except that as to such Exhibits, any conflicting provisions set forth therein as to their amendment, modification, enforcement und other matters shall control over those hereof.

23.5

Signature of Preident nd Secretary. Wherever the signature of the President of the Association is required hereunder, lite signature of a vice-president may he substituted therefor. and wherever the signature of tIte Secretury of' the Association is required hereunder, the signature of an assistant secretary may he substituted therefor, provided that the some person may not execute any single instrument on behalf of the Association in two separate capacities.

23.6

Governing Law, Should any dispute or litigation arise between any of the parties whose rights or duties are affected or determined by this Declaration, the Exhibits

annexed hereto or applicable rules and regulations adopted pursuant to such ctuctiments, as the same may he amended 1ì'o.n time to Linie, said dispute or litigation shall be governed by the laws of tIme State of Florida.

23.7

Sevea_bil its'. The invalidity in whole or in part of any covenant or restriction, or any section, subsection, sentence, clause, phrase or word, or other provision of 32 Declaration of Conti atrita juin

Arbor Ilalaitis. a CûodoniJnlum

PINELLAS COUNTY FL OFF. RiC. mc

14909

PG

1421

this Declaration, the Ethibits annexed hereto, or applicable rules and regulations adopted pursuant to such documents, as the same may be amended from time to Lime, shall not affect the validity of the remaining portions thereof which shall remain in full force and effect. 23.8

Waiye. No provisions contained in this Declaration sl-uill be deemed lo have been waived by reason of any failure to enforce the same, without regard to the number of violations or breaches which may occur.

23,9

atjflcation. Each Unit Owner, by reason of having acquired ownership (whether by purchase, gift, operation of law vr otherwise), and each occupant of a Unit, by reason of his occupancy, shall be deemed to have acknowledged and agreed that (i) all of the provisions of this Declaration, und the Articles and By-Laws nl' the Association, and applicable rules and regulations, m'e fair and reasonable in all

material respects, and (ii) automatically consent to any rezoning, replatting,

covenant in lieu of' unity of title, change, addition or deletion lawfully made in, on or to the Condominium Property or adjoining property by the Developer which are implemented in accordance with the mquireinents of this Declaration and the req uirenients of F.S. 718.110(4). and in such regard, each Owner, or occupant ola li nil, hereby designates, the Association to uct us agent and attorney-in-fact behalf of the Owner to consent to any such rezoning, change, addition or deletion. It' requested by Developer. each Owner shall evidence their -consent to rezoning, change, addition or deletion in writing (provided, however, thai the refusal to give such wrítten consent shall not obviate (lie automatic effect of this provision).

23,10 E,tecution of Doeumeifls: Attorney-in-Fact. Without limiting the generality of other Sections of this Declaration and without such other Sections limiting the generality hereof, each Owner, by reason of the acceptance of' a deed to such

Owner's Unit, hereby agrees to execute, at tite request of the Developer, alI documents or consents which may be required by all governmental agencies to

allow the Developer and its affiliates to complete the plan of development of the community as such platt may be hereafter nmended, and each such Owner further appoints hereby and thereby the Developer as such Owner's agent and attorney-infact to execute, on behalf and in the name of such Owners, any and all of such documents or consents. This power of attorney is irrevocable and coupled with an interest. The provisions of' this Section may not be amended without the consent of the Developer. 23, 11

(',cuder, PluralIty. Wherever the context so permits, the singular shall include the

plural, the plural shall include the singular and the use of any gender shall be

deemed io include till or no genders.

23,12 Captions. The captions herein arid in the 1xhihits annexed hereto arc inserted

only as a malter of convenience end for ease of refeienec and in no way define or limit the scope of the particular document or any provision ihercut'.

23.13 Mold and/or Mildew. Mold and/or mildew can grow iii any portion of the

condominium that is exposed to elevated levels of moisture. The Association und each Unit Owner agree to: (i) regularly inspect the parla of the Unit. or Ccirnmon

Property that they respectively maintain, and which are visible and accessible without having first to conduct invasive testing, for the existence of mold, mildew, and/or water intrusion (except when the water intrusion is part of' the normal functioning of improvements and appliances such as showers, sinks,

dishwashers, and other similar appliances and iniprovernenls) and/or damage; (ii)

upon discovery immediately repair in a good and workmenlike condition the source of any water intrusion in the parts of the Unit or Common Elements that

they respectively maintain: (iii) ren-tediate or replace any building material located in the parts of the Unit or Common hlcinents they respectively muintuin that has absorbed water or moisture as a result of' water intrusion; und (iv) and promptly and regularly remediate all mold and/or inikiew discovered in the ports oldie Unit

or Common Flements they respectively maintain in accordance with current

industry-accepted standards. In addition, the Association agrees to notify the Unit 33

l)eclaret*on of Condornìniirn Art-'or Heights, a CcmdelTlinium

I?XLLAs COUNTY FI. OFF, RtiC. 2K

14909

PG

1422

Owners, and each Unit Owner agrees to notify the Association olthe discovery of mold, mildew antllov water intrusion and/or damage in the purts of the tJnit or Common Elements they respectively maintain.

Notwithstanding anything to the contrary herein, Developer shall hnyc no

obligation to perform any invasive testing or inspections, maintenance or repairs and shall not be held liable for any loss or damage caused by the failure of the Association or Unit Owner io pertbrin their obligation herein.

A Unit may trap humidity created by every day living (cooking, bathing,

laundering, etc.). As a result, condensation may appear ori the interior portion of the windows arid glass surfaces and fogging of windows mmd glass surfaces may occtir due to temperature disparities between the interior and exterior portion ol' the windows and glass. If' leu unattended and not properly intintained by owners and occupunts, the condensation muy increase resulting in staining, damage to surrounding seals, caulk, paint wood work and shocirock, amici potentially mildew or molti.

2313 Pisciakner..ofWrranies. EXCEPT AS JMI'OSED BY THE Adl (AND TI-lEN

ONLY TO THE EXTENT TI-lEY CAN NOT l-3E DISCLAIMED). NO WARRANIIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR

IMPI.IED, J-lAVE BEEN GIVEN OR MADE BY TI-IF DEVELOPER oR ITS AGENTS OR EMPLOYEES IN CONNECTION WITH ANY PORTION 0F THE CONDOMINIUM PROPERTY (INCLUDING TIlE COMMON ELEMENTS AND THE UNITS). ITS PHYSICAL CONDIFION, ZONING, COMPLIANCE

WITH

APPLICABLE

LAW,

MERCI IANTABJL 1TY,

HAI3I'l'ABILITY, FITNESS FOR A I'ARTICULAR. PURÌ'OS'E, OR IN

CoNNECTION WITH TI-LE SUBDIVISION. SALE. OPERATION MAINTENANCE, COST OF MAINTENANCE, TAXES OR REGULATION

THEREoF OR IN CONNECTION WITH THE OPERNI'ION OF TI-LE ASSOCIATION. ALL OWNFRS, BY VIRT1JE OF TI-mIR ACCEPTANCE OF TJ'II.E TO THEIR RESPECTIVE UNITS (WHETHER FROM THE

DEVELOPER OR ANOTHER PARTY) SHALL BE DEEMED TO llAVE AUTOMATICALLY WAIVED AI.L OF TI-lE AFORESAII) I)ISCLAIME[) WA RRANTJ ES.

IN Wf [NESS WHEREOF the Developer has cedjbs Dcclaration t be duly

executed and its corporate seal to he hereunto affixed this JL Sign-c! inthc presecçe o

ARI3ÖR H1GI-tTS, LLC. a rIorida limited

d

liability company

A9

Print Nmc:

Prt1Ñame:

200ó,

''Cj1

1,

STATE OP FLORIDA

COUNTY OF MJAMI-J)ADE

fi,'

Juan E2øt Mmusager

) ) SS )

BEFORE ME. personally appeared Juan E. Puig, as Manager uf ARBOR IIEIGI-ITS, LIC, a Florida limited liability company, who ufterjieing-. irsr-duly-swcrn, deposes and slates that he has executed the foregoing on behalf 9-flhc limited liability compmiiìy, Lie presented as idcntit'ication,r is personally known to me. -

SWoRN l'o ANt) SUBSCRIBED before mue IhiscIt-J

3-4

t)c.claratiuii of Condominium Arbor J-teiglus, a Couìctommiiirn

day o

PINEI..LAS COUNTY FL OFF. REC.

14909

131<

G

1423

NOTARY PUBLIC, Slate Large Print

My Cornniisskm 1xpires

ai Publie rT1c', NOt ,

a_ yconIn.seanPO$4WT P4

'

BxpP*ø 8.vwmb IL .

Pi I )vi k

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35

Of Cndo

of Ibrida at

niurn Ali3øv ¡ih1s, a COud inLnlu n

c:?

PINEILA8 COUNTY FL OI?]t. REC. BK

L49O

i-424

PG

JONDE1( AND CONSENT OF MORl'(AGEE TO flECI.AI1ATION OF CONI)OMINIUM AIUtOR hEIGHTS. A CONI)OMINÍuM Ocean hank (the "Mortgagee"), the owner and holder of The Mortgage and Security , frani Arbor Ileigtits, LLC, a Florida limited liability company, in favor of Mnrtgag\ as recorded on 1n the Official iecords Book 1LLQ . at page fr7C) » of the Public RccordT al' Pinellas County, Florida, hereby joins in to tize execution o1 and consents to the Declax-nijon of Condominium of Arbor Heights, a

Agreement datecl1 J4

li

Concloinin ¡uni.

Nothing contained herein shall be deemed lo or in any way limited or affect the mortgage

held by the Mortgagee or the priority of the lien created thereby and the sole purpose of this Joinder and Consent is to acknowledge the consent of the Mortgncc to the aforesaid Declaration of Cendornin juin.

1'his instrument is executed and delivered by the Lindersigned puI-suan to and for the purpose of complying with §718.104(3), Florida Sta Ites. Witness.4

LUfl Bank

Print

Print Nanc: 1'itie;

"S»L,-c,a. ';ce.-

Print Ñmc;

..»4t.

STAVE 01"

)

COUNTY

200

The foregoing instrimient was acknowledged beibre mo this c

by

Y4.4' 4' tdk

nie or ( ) has pro

ed

My ccmmissIo espires;

.-

us

5'r.-Y

.? 7&day or

of Ocean Batik, a behalf of the corporation. 11e is ( ) personally known to .

as idciiiificuiion and dici take an oath.

PINELLAS COtJNTY FL OFF. REC. 13K

14909

PG

1425

EXHIBIT "1" TO DECLARAI'ION OF ARBoR }IEIGIITS, A CONI)OMJNIUM

LEGAL DESCRIPTION

Parcel I

Loi 1, [hock I o f "T l-lE WOOl)S AT FRENCHMANS CREEK", according to the plat thereof us recorded lui Plat J3ook 96, at Page 40, of the Public Records of Pincitus County, Florida. Parcel 2: Together with u portion of vacated right-of-way of 58th Avenue South, being described as follows: The Ease 387.00 tet of the South 30.00 feet of the Northeast '/ of the Northwest /4 of Section i L Township 32 South, Range 16 Fast, Pinchas County Florida; Less the Fast 30.00 feet for 28" Street right-of-way.

-Which Porcel 1 and Parcel 2 are also described as: Commencing at the Southegat comer--of the Northwest ¼ of Section 1 l,-1'ownhíp 32 South, Range 16 East, PinelIas County, Florida, as a PoInt of Reference: thence N 00° 06'22" E, along the NorthjSouth centerline of Said Section 11. 1339.65 feet; thence along the South line of the Northeast Vi of the Northwest ¼ of said Section II, 8.89° 50' 47" W, 30.00 feet to u point of Beginning; thence continue along said line S 89° 50'47" W, 357.00 fèet; thence N00° 06' 22" E,. 30.00 feel; thence S.89° 50'47"W., 886.80 feet tu n point on the l-aster1y right-of-way line of 31". Street South; thence N 00° 07'39" E, along said line 639.04 feet; to an intersection with the South line of "STEPHENSON'S MAXIMO SUBDIVISION UNIT 3", as recorded in Plot Book 72, at Page 89, Public Records of Pinchas County, Vlorida; thence N 89" 48'38" F, dooM said line and its Easterly extension, 1243.57 feet to a point on the Westerly right-ofway line of 28" Street South; thence along said line S 00° 06'22" W, 669.81 feet to the Point of 13eginnin.

PuILLAS COUNTY FL OFF. REC. SK

14909

PG

1426

EXHIBIT "2" TO DECLARATION OF ARBOIt HEIGHTS, A CONDOMiNIUM

SURVEY - PLOT PLAN - FLOOR I'LANS

Arbor Heights, a Condominium Cover Sheet Cover sheet

27-Bding Type 'E. Dinsion Plan

LegaI Deacrtion, and Location iap

28-Building Type 'E. Fret Floor Plan lBuIthrç No.2)

&zrveyor'a Notes and Certificáte

29-Building Type 'E'. Second Floor Flan (BuildIng No.2)

Key Map

30-Building Type

Roof Plan (BAdIng No.2)

31- Building Type

DImenalon Plan (Building No.1)

5-10-Survey-Site Plan, Graptt Dèscron of Improvements Building Type 'A'. DImenabn Fian (Buildings Na 9 and 13)

Bding Type 'A'. Frai Root Plan (Builga No.9 and 13) Buil* Type 'A'. Secønd Floor Plan (Bi.*kfngs No.9 and 13) Building Type 'A' Root Plan (Buildings Na 9 and 13) Building Type 'B'. DImerion Pien (Buildings No.10 and 12)

Building Type 'B'. Fret Floor Plan Bngs No.10 and 12) kfrg Type 'S'. Second Floor Flan (Bdirça No.10 end 12)

Bk

Type 'B'. Root Flan (BLdingS No. ID and 12)

Building Type 'C'. Dmenaion Pla (9i.jdi

No.3,4,5, and 6)

32-Building Type 'F'. First Floor Flan (BUilding Nc, 1)

33- Bding Type 'F'. Second Floor Flan (BuildIng No.1) 34-Building Type 'F'. Roof Plan (Building No.1)

35-Elevation Plan 36-Unit Type

(Bngs1thro413)

'r

37-Unit Type T

38-Unit Type T

39-Unit Type T 40-Unit Type Y

Building Type 'C'. First Floor Plan (Buildings No.3,4,5, and 6)

41-Ckb House and Latdry

Bufl*g Type 'C'. Second Floor Plan (stslds No.3 4.5 and 6)

42-Taue Na i

22-BLthcilng Type 'C'. Root Plan (Buildings No.3, 4, 5, and 6)

43-Table No. 2

23-BuilthgType D'.Den&onPlan(BuildrgNo.7,8and11)

44-Table No.3

24-Building Type 'D'. First Roor Plan (Bd

45 Table No.4

25-Bui

No.7,8 and 11)

Type 'D'. Second Floor Flan (ldlcg No.7,8 and 11)

26 BuildIng Type 'D'. Root Plan (BurQ No. 7,8 and Il)

46-Table No.5

47-Table No.6 48-Table No.7

mit .Ifl,,ien :u

No.2)

EXHIBiT "2'

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Arbor Heta, a Cciidcrir m

Arbor Heights, a Condominium Legai Description, and Location Map

LEGAL DE5CR11ON LOCAI1ON MAP Pcr

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SECTION 11-32-16

itie S.3'P522W.. OE3t feti to tse Pot of eip.o.

Popety I4$ 300! 5001. £sou.o Sooth. 5 Potrr. 000 Ptopry '2

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Arbor Heights, a Condominium Surveyors Notes and Certificate

EF11RCATE 0F SURVEYO9

SURVEYORS NOTES

3FIND A PfiO$SmlAL LANC 5URvtR, DL A21?OR.Z

THAT

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CERTifIES THAT Ajj PLM1'ED lTE. wCLiii.vC.

9JT No: JIATEE TZ L IDSCAPJ Uu1LJT EDHTEUS AND ACCESS TU ThD UCS COMDN AREAS FAUIES HAVE 2 .ST'TifLLr CaJL.TES,

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ABBREATIOS

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UNIT TYPE

DESCPT1ON

101

201

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2 BERXM.Z BAnfXl

202

I

203

I

204

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BUILDING

No. LTNØ.

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tSP11ON

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BUILDING No. UMTNQ. (.NTTYPE 1101

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Arbor Heights, a Condominium Summary Table No. 7

BUiLDING No. UN1TNo. UMITYPE

T fl'PE Al

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1301

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-

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48 .5."

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PINELLAS COUNTY FL. 0FF. REC. BK

14909

PG

1475

EXHIBIT 'f3" TO DECLARATrON OF ARBOR HEIGH1'S, A CONDOMINIUM

SCHEDULE OF PERCEN[AGJ SHARES OF OWNERSHIP OF COMMON ELEMENTS AND COMMON SURI'LUS ANt) OF SHARING OF COMMON EXPENSES BASEl) ON SQUARE FOOTAGE OF EACH UNIT IN RELATJC)N TO THE TOTAL SQUARE FOOTAGE OF ALL UNITS

Unit Typo

Percentage Share

1V 1V

111

iV

0.547747% 0.547747% 0.547747% 0.047747% 0.547747% 0.547747% 0.547747% 0.547747% 0.3668871% 0.3668871%

112

1V

0.3668871%

BuIIdnçj

Unit No.

I

101 102

103 104 i 05 106 107 108

108 110

2

201

202 203 204 205 206 207 208 209 210 211

212 213 214 3

301

302 303 304 305 306 307 308 309 310 311

312 313 314 315 316 4

401 402

403 404 405 406 407

II

ii

ii II

ii U U

JI II II

II II II II

IV IV IV IV I I

I I I I I 1

IV

Iv IV IV

IV IV IV IV 1

I I

0.3868871%

0.6071724% 0.6071724% 0,6071724% 0.6071724% 0,0071724% 0.6071724% 0.6071724% 0.8071724% 0.8071724% 0.6071724% 0.6071724% 0.0071724% 0.6071724% 0.6071724% 0.3668871% 0.3668871% 0.3665871% OE3886871%

0.547747% 0.547747% 0.547747% 0.547747% 0.547747% 0.547747% O.547747%.

0.547747% 0.3668871% 0.3888871% 0.3688871% 0.3868871% 1.429% 0.3668871% 0.3668871% 0.3668071% 0.3668871% 0.54 7747%

0.547747% 0.547747%

PINLLA8 COUNTY FL OFF. RC. ß

Building

14009

1476

Unit No.

Unit Type

408 409 410

0.547747% 0.547747% 0.647747% 0.547747% 0.547747% 0.3668871% 0.3668871% 0.3568871% 0.3668671%

411

412 413 414 415 416 5

501

IV

IV IV

0547747%

I

0.547747% 0.547747% 0.547747%

I I

509

I

510

i

511

i

0.547747%

0.547747% 0.547747% 0.647747% 0.3868671% 0.3568871%

512 513 514

IV IV

801 602

IV

0.3668871%

IV IV

0.3666871% 0.3888871% 0.647747% 0,647747% 0.547747% 0.547747% 0.547747% 0.547747% 0.547747% 0.547747% 0.3668871% 0.3868871% 0.3668871% 0.3666871%

603 604 605 606 607 608 808 810

I

1

I I I

I I

I

812 613 614 815 818

IV IV IV

701

706 707 708 700 710

0.3668871%

IV

611

702 703 704 705

a

0.3658671% 0.3868671% 0.3686871% 0,3668871%

IV

502 503 504 505 506 507 508

7

Porcontago Sharo

1

1V IJI III I I I

I

I I I

.

0.6886593% 0.6685593% 0.647747% 0.547747% 0.547747% 0.541747%

0547747%

0.547747% 0.547747% 0.547747%

711

III

0.6885593%

712

III

0.6885593%

III III

0.6885593% 0.6585593% 0.547747% 0.547747% 0.547747% 0.547747% 0.547747%

801

802 803 604 806 806 807

1

I I I I

PINELL.AS COUWY L 0FF. RC. BK

fluIIdtn9

9

14909

PG

1477

Unit No.

Unit Typo

808 809 810

i

811

lU

812

iii

901

t

i

902 903 904 905

I

I I

906

I

907

908

I

909 910

1

I

Dli

I

912 10

I

1102 1103 1104 1105 1106 1107

0.882100%

t'i ill t I I

1108 1109 1110 1111 1112 12

1201

1202 1203 1204 1205

1206 1207 1208

1209 1210 1211

1212

0.547747% 0.547747% 0.647747% 0.547747% 0.647747% 0.547747% 0.547747% 0.547747% 0.547747% 0.547747% 0.547747% 0.547747%

0.682100% 0.692100% 0.862100% 0.662100% 0.682100% 0.682100% 0.582100% 0.882100% 0.682100% 0.662100% 0.882100% 0.682100% 0.882100% 0.082100%

1015 1015 1101

0.547747% 0.547747% 0.547747% 0.6885593% 0.6885593%

0.682100%

1001 1002 1003 1004 1005 1006 1007 1006 1009 1010 1011 1012 1013

1014

11

Porcontage Sharo

I

0.547747% 0.647747%

0547747%

0.647747% 0.647747% 0.547747% 0.547747% 0.547747%

0.652100% 0.682100% 0.682100% 0.682100% 0.682100% 0.882100% 0.682100% 0.882100% 0.652100% 0.682100% 0.582100% 0.832100%

PINELLAS COUNTY FI. OFF.

c.

(

Building

14909

PG

Unit No. 1213

1214 1215 1218 13

14Th

Unit Typo V V V V

1301 1302 1303 1304 1305 1300 1307 1308 1309 1310 1311 1312

I

I I

j f j I 1

i j I I

Porcontg I

Shro

0.682100% 0.882100% 0682100% 0.682100% 0.547747% 0.547747% 0.547747% 0.547747% 0.547747% 0.647747% 0.547747% 0.547747% 0.547747% 0.547747% 0.547747% 0.547747%

00%