AMENDMENT AND RESTATEMENT OF THE CONDO DOCS _unofficial_ by shuifanglj

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									FOR INFORMATIONAL PURPOSES ONLY NOT TO BE RELIED ON FOR ESTOPPEL

                                   AMENDMENT AND RESTATEMENT
                                    Of the Declaration of Condominium
                        OLD PORT COVE TOWERS CONDOMINIUM ASSOCIATION, INC.,
                              North Palm Beach, Palm Beach County, Florida

OLD PORT COVE TOWERS, CONDOMINIUM ASSOCIATION, INC., a Florida limited partnership, for itself, its
successors, grantees and assigns, being the owner of the fee simple title to the real property more particularly
described in Exhibit A attached hereto and incorporated herein by reference, as tenant in common in the real
property more particularly described in Exhibit B attached hereto and incorporated herein by reference,
(hereinafter collectively called the Land), hereby submits its interest in the Land and the improvements thereon to
condominium ownership pursuant to the provisions of Chapter 718, Florida Statutes, in existence as of the date of
this Declaration, upon the terms, conditions, restrictions, reservations and limitations hereinafter set forth.
WHEREIN it makes the following declarations:
                                                    ARTICLE I
                                                    PURPOSE

Except where variances permitted By-Law appear in this Declaration, in the exhibits attached hereto, or in lawful
amendments to any of them, the provisions of the Condominium Act, as constituted on the date of this
Declaration, including the definitions therein contained, are adopted and included herein by express reference. All
restrictions, reservations, covenants, conditions and easements contained herein shall constitute covenants
running with the land or equitable servitudes upon the land, as the case may be, and shall rule perpetually unless
terminated as provided herein, and shall be binding upon all unit owners. In consideration of receiving and by
acceptance of a grant, devise or mortgage, all grantees, devisees or mortgagees, their heirs, personal
representatives, successors and assigns, and all parties claiming by, through or under such persons, agree to be
bound by the provisions hereof, and all exhibits hereto. Both the burdens imposed and the benefits provided shall
run with each unit and the interests in common property appurtenant-thereto, as defined herein.
A. Name and Location. The name by which this Condominium is to be identified is OLD PORT COVE TOWER
   CONDOMINIUM, and is located in the Village of North Palm Beach, Palm Beach County, Florida.
B. The Land. The legal description of the Land, which is hereby being submitted to condominium ownership, is
   attached hereto as Exhibits A and B, which are incorporated herein by reference.
   The fee simple title to the land described in Exhibit A and an interest as tenant in common in the land
   described in Exhibit B is hereby being submitted to condominium ownership.


                                                   ARTICLE II
                                                  DEFINITIONS

The terms used in this Declaration and in its exhibits shall have the meanings stated in the Condominium Act and
as follows, unless the context otherwise requires
A. Amenities Land means the real property in Palm Beach County, Florida more particularly described in Exhibit
   B attached hereto and incorporated herein by reference.
B. Assessment means a share of the funds required for the payment of common expenses, which from time to
   time is assessed against the unit owners.
C. Association means OLD PORT COVE TOWERS CONDOMINIUM ASSOCIATION, INC., a Florida corporation
   not for profit, as its Articles of Incorporation may be amended from time to time. A copy of the Articles of
   Incorporation is attached hereto as Exhibit E. By-Laws means the By-Laws of the Association as they exist
   from time to time. A copy of the By-Laws is attached hereto as Exhibit F.
D. Common Elements means the portions of the condominium property not included in the units.
E. Common Expenses means all expenses and assessments properly incurred by the Association for this
   condominium, and includes, but is not limited to the expenses of administration, maintenance, operation,
   repair and replacement of the common elements; the unit owners share of expenses of operating Old Port
   Cove Property Owners Association, Inc.; other expenses declared to be common expenses herein and/or in
   the By-Laws; any other valid charges against the condominium as a whole; insurance for governors and
   officers; security services; and the cost of a master antenna television system or duly franchised cable
   television service obtained pursuant to a bulk contract.


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F. Common Surplus means the excess of all receipts of the Association attributable to this, condominium,
   including, but not limited to, as assessments, rents, profits and revenues on account, of the common
   elements., over the amount of common expenses attributable to this condominium.
G. Condominium means that form of ownership of condominium property under which units of improvement are
   subject to ownership by different owners, and there is appurtenant to each unit as part thereof an undivided
   share in the common elements.
H. Condominium Act means Chapter 718, F1orida Statutes, in existence as of the date of this Declaration.
I. Condominium Parcel means a unit together with the undivided share in the common elements which is
   appurtenant to the unit.
J. Condominium Property means the land in this Condominium, and all improvements thereon, and all
   easements and rights thereto intended for use in connection with this Condominium.
K. Declaration or Declaration of Condominium means this instrument, as it may from time to time be amended.
L. Land means the real property in Palm Beach County, Florida more particularly described in Exhibit A attached
   hereto and incorporated herein by reference and an undivided 85/171 interest as tenant in common in the real
   property in Palm Beach County, Florida more particularly described in Exhibit B attached hereto and
   incorporated herein by reference.
M. Limited Common Elements means those certain common elements which are reserved for the use of a certain
   unit or units to the exclusion of other units, and for all purposes herein shall be treated as common elements
   as to the unit or units for which they are reserved.
N. Mortgagee means a bank, bank holding company, or subsidiary thereof, savings and loan association,
   insurance company, union pension fund, mortgage company, real estate investment trust, agency of the
   United States Government, or individual or business entity authorized to do business in Florida holding a first
   mortgage on a unit or on any portion of the common elements of the condominium.
O. Occupant means the person or persons, other than the unit owner, in possession of a unit or limited common
   element.
P. Property Owners Association means OLD PORT COVE PROPERTY OWNERS ASSOCIATION, INC., a
   Florida corporation not for profit, of which all owners in Old Port Cove Area shall be members. A copy of the
   Articles of Incorporation and the By-Laws of the Property Owners Association are attached hereto as Exhibits
   G and H respectively.
Q. Share means the percentage interest each unit owner has in the common elements, common expenses and
   common surplus, as shown in Exhibit D attached hereto.
R. Special Assessment means a share of the funds required for payment of common expenses which are
   unbudgeted or for which insufficient provision is made in the budget, occasioned by unforeseeable and
   fortuitous events, which from time to time may be assessed against the unit owners.
S. Unit means a part of the condominium property which is subject to private ownership, as designated on the
   exhibits attached to this Declaration.
T. Unit Owner means the owner of a condominium parcel.
U. Utility services are those services which are necessary for the health, safety, welfare and well being of the unit
   owners, others who may reside in the balance of Old Port Cove area, others who may have businesses in the
   balance of 01d Port Cove Area, others who may rent boat slips or boat storage in the balance of Old Port
   Cove Area, and for their guests and invitees.
V. Voting Rights shall mean those rights of a member of the Association to vote upon the matters presented at
   properly called and constituted meetings of the Association.
   Whenever the context so permits, the use of the singular shall include the plural and the plural shall include
   the singular and the use of any gender shall be deemed to include all genders. Titles, sub-titles and paragraph
   headings are included only for convenience and are not intended to add or detract anything from the meaning
   of the text.
                                          ARTICLE III
                   DEVELOPMENT PLAN, IDENTIFICATION OF UNITS, EASEMENTS, AND
                       DEVELOPMENT OF BALANCE OF OLD PORT COVE AREA

The Condominium is described and established as follows:
A. Development Plan. The property hereby submitted to condominium consists of the Land, all easements and
   rights appurtenant thereto, and the building and other improvements constructed thereon comprising in total
   the units, common elements and limited common elements. The principal improvements on the Land consist
   of two (2) buildings in which all the units are located, covered and uncovered parking spaces, and a swimming
   pool and sundeck area. The identifying number for each unit is shown on Exhibit C attached hereto and
   incorporated herein by reference.
   1. Amenities Land. The swimming pool and sundeck area, parking areas and other amenities serving this
        condominium are located upon the Amenities Land.
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B. Survey, Plot Plan and Graphic Description of Improvements. Attached hereto as Exhibit C and incorporated
   herein by reference are a survey of the Land, graphic descriptions of the improvements in which the units are
   located, a Plot Plan locating the common elements and limited common elements, and floor plans for the units
   in the condominium. The identification, location and approximate dimensions of each unit and the
   identification and location of the common elements and limited common elements appear on Exhibit G,
   together with this Declaration, they are in sufficient detail to identify the common elements, limited common
   elements, and each unit and provide accurate representations of their locations and approximate dimensions.
   The legends and notes contained thereon are incorporated herein and made a part hereof by reference.
C. Unit Boundaries. The boundaries of the units are as follows:
   1. Upper Boundaries. The upper boundaries of a unit are the planes of the lower surfaces of the decorated
        and/or unfinished ceilings of the unit, extended to intersections with each other and with the parametrical
        boundaries of the unit.
   2. Lower Boundaries. The lower boundaries of a unit are the horizontal planes of the upper surfaces of the
        undecorated and/or unfinished floor of the unit.
   3. Perimetrical Boundaries. The perimetrical boundaries of a unit are the vertical planes of the undecorated,
        unfinished interior of the walls bounding the unit, extended to intersections with each other and with the
        upper and lower boundaries. Where there is an aperture in any perimetrical boundary, including, but not
        limited to, windows and doors, the boundary is extended at all such places, at right angles, to the exterior
        dimension of such aperture, including the frame work thereto. Exterior walls made of screening, glass or
        glass fixed to metal framing, exterior screens, windows and frames, and exterior glass sliding doors
        frames and casings are included within the unit and shall not be deemed common elements.
   4. Weight Bearing Structures. Each unit shall be deemed to exclude the area within the unfinished surface
        of any weight bearing, structure which is otherwise within the horizontal and perimetrical boundaries as
        herein defined.
   5. Utility Lines. All water and sewer lines outside unit boundaries constitute common elements up to shut-off
        valves for particular units. All water and sewer lines within the boundaries of a unit, but which serve more
        than one unit are common elements. All water and sewer lines within or without the boundaries of a unit,
        which serve only one particular unit, are part of the unit served down to the shut-off valves for the unit.
        Electrical wiring and conduits outside unit boundaries constitute common elements up to distribution
        panels for particular units. Electrical wiring and conduits within the boundaries of a unit, but which serve
        more than one unit, are common elements. Electrical wiring and conduits within or without the boundaries
        of a unit, which-serve only one particular unit, are part of the unit served down to the distribution panels
        for the unit. All other pipes, wires, conduits and other utility lines, regardless of location, constitute part of
        the common elements up to their outlets.
   6. Balconies and Terraces. The balconies or terraces abutting each unit are limited common elements
        appurtenant to that unit to which they are attached, and their use is restricted to the unit to which they are
        appurtenant. The boundary lines of each balcony or terrace attached to a unit are the interior vertical and
        horizontal surfaces thereof, and the exterior unpainted finished surface of the perimeter baluster or railing
        abutting the balcony or terrace.
   7. Air conditioning and Heating Units. Air conditioning and heating units serving units which are located
        outside the boundaries of the unit are limited common elements appurtenant to the unit which they serve.
E. Easements. Easements are reserved over, through and underneath the common elements for present and
   future utility services, including but not limited to easements for water pipes, sanitary sewer pipes emergency
   sewer lines, storm drainage pipes, sprinkler pipes, electrical wires, TV wires, security wires, and street lights,
   whether shown on Exhibit C or not. Easements for utility services through a unit shall be only according to the
   plans and specifications for the buildings or as the buildings are constructed, unless approved in writing by the
   unit owner. Easements for such utility services are reserved to unit owners and occupants, the Property
   Owners Association, and the Association for buildings and improvements which may be erected upon the
   balance of Old Port Cove Area. Easements for ingress and egress are reserved over and through the
   common elements as may be required for unit owners, owners and occupants of buildings and improvements
   which may be erected upon the balance of Old Port Cove, without limitation, whether shown on Exhibit C or
   not. Easements for ingress and egress are reserved to the Association in, over and underneath units, their
   ceilings, floors and walls for purposes of inspection of the common elements and limited common elements,
   making repairs or otherwise maintaining the condominium property, or to abate emergency situations which
   threaten damage to the Condominium property. The Association, its officers, governors, agents and
   employees, shall at all times have the right to enter the units at reasonable times for such purposes.
   1. Easements for Unintentional Encroachments. The condominium property shall be subject to perpetual
        easements for encroachments presently existing or which may hereafter be caused by settlement or
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        movement of the building or minor inaccuracies in construction, which easements shall continue until such
        encroachments no longer exist. If any part of the condominium property is destroyed and then rebuilt,
        encroachments due to construction shall be permitted and a valid easement for said encroachments and
        the maintenance thereof shall exist.
F. Construction of Improvements on Balance of Old Port Cove Area. The unit owners acknowledge that the quiet
    enjoyment of their units and the condominium property may be interfered with to some extent by construction
    operations on the balance of Old Port Cove Area. The unit owners of Old Port Cove Area, as a material
    condition to their ownership of a unit, waive all claims for interference with their quiet enjoyment occasioned
    through development of the balance of Old Port Cove Area, whether the construction operations are
    performed in the balance of Old Port Cove Area, or in the common elements, incident to construction
    operations.

                                            ARTICLE IV
                                   POSSESSION AND ENJOYMENT OF
                              CONDOMINIUM PARCELS AND APPURTENANCES

A. Condominium Parcels. Each condominium parcel is a separate parcel of real property, the ownership of
   which shall be in fee simple. Each condominium parcel includes the unit, the undivided share of the common
   elements which is appurtenant to that unit and the interest of the unit in the limited common elements
   appurtenant thereto.
B. Appurtenances. There shall pass with each unit, as appurtenances thereto, the following:
   1. Common Elements. An undivided share in the common elements;
   2. Common Surplus. An undivided share in the common surplus;
   3. Easement for Air Space. An exclusive easement for the use of the air space occupied by the unit as it
       exists at any particular time and as the unit may lawfully be altered or reconstructed from time to time,
       which easement shall be terminated automatically in any air space which is vacated from time to time;
   4. Association. Membership of each unit owner in the association and the interests of each unit in the assets
       held by the association;
   5. Property Owners Association. Membership of each unit owner in the Property Owners Association and
       the interests of each unit in the assets held by the Property Owners Association;
   6. Use of Common Elements. The right to use all of the common elements for their intended purposes,
       subject to the provisions of this Declaration, the By-Laws, and such reasonable rules and regulations as
       may from time to time be established by the Association; but no use shall hinder or encroach upon the
       lawful rights of other unit owners;
   7. Use of Limited Common Elements. The exclusive right to use such portion of the common elements as
       may be provided by his Declaration to be limited common elements appurtenant exclusively to the unit.
       The unit owner who has the right to exclusive use of a limited common element shall be responsible, at
       his cost and expense, for the maintenance, care and preservation of the limited common element, and
       must follow the architectural specifications for exterior appearance of the building, as established the
       Association, including, but not limited to, paint color.


                                                ARTICLE V
                                             COMMON ELEMENTS

A. Common elements includes within its meaning the following items
   1. The condominium property which is not included within the units;
   2. Easements through units for conduits, ducts, plumbing, wiring and other facilities for the furnishing of
      utility services to units and the common elements;
   3. An easement of support in every portion of a unit which contributes to the support of a building;
   4. Installations for the furnishing of utility and other services to more than one unit or to the common
      elements or to a unit other than the unit containing the installation;
   5. Parking areas.
   6. The interest of this condominium in the Amenities Land.
B. Restraint upon Separation and Partition of Common Elements
   1. The undivided share in the common elements which is appurtenant to a unit shall not be separated there
      from and shall pass with the title to the unit, whether or not separately described.
   2. A share in the common elements appurtenant to a unit cannot be conveyed or encumbered except
      together with the unit.
   3. The shares in the common elements appurtenant to units shall remain undivided, and no action for
      partition of the common elements shall lie.
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                                          ARTICLE VI
                           PERCENTAGE OWNERSHIP OF COMMON ELEMENTS
                      AND SHARING OF COMMON EXPENSES AND COMMON SURPLUS

The undivided share in the common elements appurtenant to each unit and the percentage of sharing common
expenses and of owning common surplus attributable to each unit is shown on Exhibit D attached hereto and
incorporated herein by reference. The respective undivided interests as set forth in Exhibit D have been carefully
established, giving effect to numerous criteria, and cannot be changed, altered or amended except as provided in
this Declaration or the Condominium Act.

                                                 ARTICLE VII
                                             AMENDMENT OF PLANS

A. Alteration of Unit Plans. No change shall increase the number of units, nor alter the boundaries of the common
elements without amendment of this Declaration by approval of the Association, unit owners, and mortgagees in
the manner provided in Article XIX of this Declaration.

                                           ARTICLE VIII
                          MAINTENANCE, OPERATING AND CONTRACTUAL COSTS

A. The Association shall, at its own cost and expense, repair, replace, and maintain the Following:
   1. All common elements.
   2. All portions of a unit contributing to the support of a building, which portions shall include, but not be
      limited to, the outside walls of the building, all fixtures on the exterior thereof (except those contained on
      balconies or terraces), boundary walls of a unit, floors and ceiling slabs, load bearing columns and load
      bearing walls, but shall not include screening, windows, exterior doors, glass and interior surfaces of
      walls, ceilings and floors.
   3. All conduits, plumbing {but not fixtures), wiring and other facilities for the furnishing of utility services
      which are contained in a unit but which service all or parts of the building other than the unit within which
      contained.
   4. All portions of the railings or perimeter balusters on the balconies and terraces.
   5. Certain portions of the air conditioning units serving the units in the condominium, with the Associations
      obligations being specifically limited to the following:
      (a) Cleaning the drain lines.
      (b) Inspecting the drain pans (without the obligation to maintain repair or replace the same unless
           authorized by the unit owner such maintenance repair and replacement to be at the expense of the
           unit owner assessable against the unit owner in the same manner as any other regular or special
           assessment provided for in this Declaration); and.
      (c) Inspect the filters (without the obligation to maintain, repair or replace the same unless authorized by
           the unit owner. such maintenance repair and replacement to be at the expense of the unit owner,
           assessable against the unit owner in the same manner as and other regular or special assessment
           provided for in this Declaration).
B. The Association shall pay for:
   1. Utility service charges and advance deposits for utility services to common elements.
   2. All wages and employee benefits of the Association’s employees.
   3. Taxes. Such as social security taxes, employer’s taxes, and sales taxes.
   4. Insurance. Insurance in accordance with this declaration.
   5. All other expenses necessary to manage and operate the common elements.
C. The unit owners, at their own-cost and expense, shall:
   1. Pay and discharge all assessments and special assessments made by the Association and/or Property
      Owners Association.
   2. Pay and discharge all real property taxes, personal property taxes, and any special assessments levied
      against the units by Palm Beach County, the Village of North Palm Beach or any other governmental
      authority.

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   3. Pay and discharge the amounts due under the mortgage made by the Property Owners Association which
       encumbers the main roadway in Old Port Cove.
   4. Each unit owner is responsible at his own expense, for all maintenance and replacements of his own unit
       whether ordinary or extraordinary, including, without limitation and regardless of whether included within
       the unit maintenance repair and replacement of the following items which service the unit.


        (a) The unit itself and all appliances therein as well as all floor, wall and ceiling coverings within the unit;
        (b) All windows within the unit or within the boundary walls of the unit including the glass, the screens, the
            framing for both the hardware, the operating mechanisms and structural components thereof;
        (c) All doors serving the unit or within the walls bounding the unit, including the door itself, the screens,
            the framing for both the hardware the operating mechanisms and structural components thereof
            except that the Association will have the obligation to paint the exterior surface of the exterior door;
        (d) All sliding glass doors including the glass, any screening framing for both hardware operating
            mechanisms, tracks and structural components;
        (e) All electrical, mechanical or plumbing pipes, lines, conduits, fixtures and outlets including connections
            which serve the unit regardless of location for those electrical, mechanical or plumbing fixtures and
            outlets which are located outside the boundary of the unit the unit owner, irrevocably appoints the
            Association as his or her agent to perform any necessary maintenance, repair or replacement, but
            acknowledges that the expenses associated therewith shall be assessed against the unit enforceable
            in the same manner as any other assessments provided for there under, including liening and
            foreclosing the unit);
        (f) Subject to the provisions of sub-section A(5) of this Article all air conditioning and heating equipment
            as well as all pipes lines and other connections for such air conditioning and heating equipment,
            regardless of location, it being the intent of this provision that all air conditioning compressors even
            those located outside the unit boundaries as well as all lines connecting the air conditioning
            compressor with the air handler located within the unit as well as the air handler within the unit, be
            maintained, repaired and replaced as appropriate, by and at the expense of the unit owner; subject to
            the limitation that any lines connecting the air conditioning compressor with the air handler in the unit
            or any other lines serving the air conditioning and heating equipment be maintained by the
            Association at the expense of the owner whose unit is served by such lines from the point the line
            leaves the boundary of the unit to the point that the line extends above the upper horizontal plane of
            the roof of the building;
        (g) All other facilities or fixtures located or contained entirely within the unit or which serve only the unit all
            interior walls including interior walls which form part of the outer side of the building), as well as the
            obligation to remove and replace, as necessary or appropriate, any and all fixtures, whether located
            within the unit or on the balcony or patio, for which such removal and re-installation is necessary in
            order for the Association to discharge its other maintenance obligations under this Declaration;
        (h) Under no circumstances shall any floor covering be permitted on a balcony or patio which is not
            approved in advance, in writing by the Board of Governors under no circumstances will carpeting be
            permitted on balcony or patio surfaces, and other carpeting presently installed will be subject to
            inspection for spalling by the Association at such times as the Board deems necessary and
            appropriate and will be removed if any spalling is found. The Board may regulate permissible balcony
            floor coverings and may require the removal and replacement of floor coverings, if necessary for the
            preservation of the structural integrity of the building or in connection with Association maintenance,
            repair or replacement of the underlying concrete or other underling surfaces or components such
            removal and replacement of floor coverings to be at the expense of the unit owner;
        (i) The unit owner shall also have the following responsibilities:
            1. To obtain the prior approval of the Association before performing any maintenance repair,
            replacement, improvement, decoration chance or alteration which requires changes or alterations to
            the physical appearance of the condominium property excavation access to build roofs, removal or
            modification of any interior partitions; the use of heavy or noisy equipment or such other actions as
            may cause concern for the peace and safety of the condominium and its residents The Association
            may condition such approval on criteria as the Board deems reasonable including, but not limited to:
                 (i) Use of licensed and insured contractors;
                 (ii) Oversight by the Association or its agent;
                 (iii) Submitting plans as to the scope of the contemplated repair;
                 (iv) Restrictions as to hours of work, imposition of time limits to which jobs must be completed;
                 (v) Restrictions on equipment that may be parked or stored on or near the condominium property
                       during construction;

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            (vi) Restrictions on storage of materials and supplies necessary for the construction to be
                 performed.
            Nothing shall preclude the Association from acting as the owners agent and obtaining the
            services of contractors to perform unit owner maintenance responsibilities provided that the
            Association and the owner so agree and provided that the owner is deemed to consent to
            reimbursement of expenses incurred secured by such rights as exist for collecting common
            expenses under these condominium documents;


            (j) With regard to balconies or patios the unit owner who has the right to exclusive use of said
                 balcony or patio shall be responsible for the maintenance care and preservation of the floor
                 coverings, subject to the limitations set forth in subparagraph (h) hereinabove, as well as the
                 screens and frames and storm shutters and other enclosures, as wall as fixed and/or sliding glass
                 doors in portions of the entranceway if any and the wiring electrical outlet(s) and fixture(s) thereon
                 if any and the replacement of light bulbs. The Association shall be responsible for maintenance
                 repair and replacement of balcony and patio floor and ceiling slabs and exterior portions thereof
                 and also the building walls enclosed by the balconies or patios provided that regular maintenance
                 and cleaning of the interior walls of all balconies shall be performed by the unit owner. The
                 Association shall paint the interior balcony walls and ceilings in connection with painting of the
                 exterior of the building and at such time the cost thereof shall be a common expense;
            (k) Each unit owner is responsible for all decorating within his own unit including painting,
                 wallpapering, ceiling fans, paneling, floor covering draperies window shades, curtains, lamps and
                 other light fixtures and other furnishings and interior decorating. All units above the ground floor
                 shall always have the floors covered with wall-to-wall carpeting except in kitchens bathrooms,
                 porches, foyers, and utility or laundry rooms. Substitute floor coverings with substantially
                 equivalent sound deadening qualities may be used only with the prior approval of the Board of
                 Governors.
            (l) The appearance of patios and balconies and like areas including screens and frames, hardware,
                 storm shutters, fencing and other items and portions of the building or other structures or
                 improvements visible from the exterior of the unit shall be subject to the rules and regulations of
                 the Association as promulgated by the Board of Governors. There shall be no enclosure of patios
                 or balconies with screens glass solid structures or otherwise.
            (m) If a unit owner makes any modifications installations or additions to the interior or exterior of the
                 unit or common elements the unit owner shall be financially responsibility for the insurance
                 maintenance care and reservation of the modifications installations or additions and shall execute
                 such documents as the Association may promulgate accepting said financial responsibility and
                 otherwise protection the interests of the Association and the other unit owners.
       4. Pay insurance costs for personal property owned and located within a unit and liability coverage for
            each unit.
D. Enforcement of Maintenance. In the event the owner of a unit fails to comply with the foregoing obligations, or
   otherwise violates the provisions hereof, the Association or any other unit owner shall have the right to
   proceed in a court of equity to seek compliance with the foregoing provisions; or the Association shall have
   the right to assess the unit for the necessary sums to achieve compliance with the foregoing requirements,
   and to collect assessments and have a lien for same as is otherwise provided herein. After any such
   assessment the Association shall have the right, for its employees or agents, to enter the unit or other
   necessary portion of the Condominium property and do the necessary work to enforce compliance with the
   above provisions.

                                                 ARTICLE IX
                                        ALTERATION AND IMPROVEMENT

A. Units. Neither a unit owner or the Association make any alteration in a unit or the portions of the building that
   are to be maintained by the Association, or remove any portion of such or make any additions to them, or do
   anything else that would jeopardize the safety or soundness of the building, or impair any easement, without
   first obtaining approval in writing of owners of all units in which such work is to be done, and the approval of
   the Board of Governors of the Association. A copy of plans for all such work prepared by an architect licensed
   to practice in Florida shall be filed with the Association prior to the start of the work.
B. Common Elements. There shall be no material alterations or substantial improvements or additions to the
   common elements, the cost of which for any single item or purpose exceeds 2% of the total annual budgeted
   expenses, including reserves, as provided in the By-laws, without prior approval, in writing by the owners of
   not less than a majority of the total number of units. In the event that an alteration or improvement is
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   exclusively for the benefit of the unit owner or owners requesting same, then the requesting owner or owners
   shall be assessed there for in such proportions as they approve jointly, and failing such approval, in such
   proportions as may be determined by the Board of Governors of the Association. There shall be no change in
   the shares and rights of a unit owner in common elements altered or further improved, whether or not the unit
   owner contributes to the cost of the alteration or improvement.




                                                   ARTICLE X
                                                THE ASSOCIATION

A. The Association. The operation of the condominium property shall be by OLD PORT COVE TOWERS
   CONDOMINIUM ASSOCIATION, INC., a corporation not for profit under the laws of the State of Florida. The
   Association is responsible for the operation and management of this condominium, and the Amenities Land.
   The Association shall have all of the powers and duties set forth in the Condominium act and all of the powers
   and duties granted to or imposed upon it by this Declaration, the Articles of Incorporation, and the By-Laws of
   the Association. A copy of the Articles of Incorporation of the Association is attached hereto as Exhibit E and
   incorporated by reference herein. A copy of the By-laws of the Association is attached hereto as Exhibit F
   and incorporated by reference herein.
   1. Limitation on Liability of Association. Notwithstanding of the Association to maintain and repair parts of
         the condominium property, the Association shall not be liable to unit owners for injury or damage, other
         than the cost of maintenance and repair, caused by any latent condition of the property to be repaired and
         maintained by the association or caused by the elements or other unit owners or persons.
   2. Notice of Continent Liability. In any legal action in which the Association may be exposed to liability in
         excess of insurance coverage protecting it and the unit owners, the Association shall give notice of the
         exposure within a reasonable time to all unit owners who may be exposed to the liability, and they shall
         have the right to intervene and defend. A copy of each insurance policy obtained by the Association shall
         be made available for inspection by unit owners at reasonable times.
B. By-Laws. The operation of the condominium shall be governed by the By-Laws of the Association, a copy of
   which are attached hereto as Exhibit F and herein incorporated by reference. No amendment to the By-Laws
   shall be adopted which would affect or impair the validity or priority of any mortgage covering any
   condominium parcel. Defects or omissions in the By-Laws shall not affect the validity of this condominium or
   title to the condominium parcel.

                                              ARTICLE XI
                             MEMBERSHIP IN ASSOCIATION AND VOTING RIGHTS

A. Membership. Every owner of a unit is bound to and hereby agrees that he shall accept membership in the
   Association and does hereby agree to be bound by this Declaration, the By-Laws of the Association and the
   rules and regulations enacted pursuant thereto, and the provisions and requirements of the Condominium Act
   and lawful amendments thereto. Membership is automatic upon acquisition of a unit and approval by the
   Association and may not be transferred apart and separate from transfer of ownership of the unit. Membership
   shall automatically terminate upon sale or transfer of the unit, whether voluntary or involuntary.
B. Voting Rights. There shall be one person with respect to each unit who shall-be entitled to vote at any meeting
   of the unit owners. Such person is hereafter referred to as a voting member. If a unit is owned by more than
   one individual, the owners of the unit shall designate one of them as the voting member. The By-Laws of the
   Association shall govern the proceedings to follow in designating an individual as the voting member of the
   unit.

                                                   ARTICLE XII
                                                  ASSESSMENTS

The making and collection of regular and special assessments against unit owners and units for common
expenses shall be pursuant to the By-Laws and subject to the following provisions:
A. Shares of Units. Each unit owner and each unit shall be liable for a proportionate share of the common
   expenses as shown in Exhibit D.
B. Liability for Assessment. The Association, through its Board of Governors, shall have the power to fix and
   determine-from time to time the sums necessary to provide for the common expenses to the extent
   maintained by, contracted for, or the responsibility of the Association. A unit owner, regardless of how title is
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FOR INFORMATIONAL PURPOSES ONLY NOT TO BE RELIED ON FOR ESTOPPEL
   acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, shall be liable for all
   assessments coming due while he is the owner of a unit. Additionally a unit owner shall be jointly and
   severally liable with the previous owner for all unpaid assessments that came due up to the time of transfer of
   title. The liability of a first mortgage holder or its successors or assignees who acquire title to a unit by
   foreclosure or deed in lieu of foreclosure for the unpaid assessments that came due prior to the acquisition of
   title is limited to the lesser of the units unpaid common expenses and regular periodic assessments which
   accrued and came due during the six months immediately preceding the acquisition of title and for which
   payment in full has not been received by the Association or one percent (1%) of the original mortgage debt.
   This limitation on liability shall apply only to first mortgagees and not to any other lienor of any type.
   Furthermore this limited liability for first mortgagees shall apply only if the first mortgagee joins the Association
   as a defendant in its foreclosure action and shall also apply only if the first mortgage was recorded prior to the
   recordation date of the Associations claim of lien for outstanding assessments. The liability for assessments
   may not be avoided by waiver of the use or enjoyment of any common elements or services, or by
   abandonment of the unit for which the assessment was made.
C. Interest on Delinquent Assessments. Assessments and installments of such assessments not paid on or
   before fifteen (15) days after the date when due shall bear interest at the highest rate permitted by law, from
   the date when due until paid. All payments on account shall be applied in accordance with the condominium
   act, as same may be amended from time to time.
D. Lien for Non-Payment of Assessments. The association shall have a lien which shall secure payment of the
   assessment, including assessments which were due at the time of recording of, the claim of lien as well as
   those which may accrue subsequent to the recording of the claim of lien and prior to the entry of a certificate
   of title; as well as interest, and all costs of collection including a reasonable attorneys fee for collection and
   court proceedings (appellate proceedings) connected therewith. The lien may be recorded in the public
   records of Palm Beach County, Florida, by an instrument executed by the Association and the lien may be
   foreclosed in the manner in which mortgages on real property are foreclosed. The lien shall be effective, only
   against the first mortgagees of record from the date the claim of lien is recorded in the Public Records of Palm
   Beach County, Florida. As against all other interests in the property, the lien shall be effective from and shall
   relate back to the date this Declaration of Condominium was originally recorded. The unit owner shall be
   personally liable for all unpaid assessments, interest and costs of collection. This liability shall not terminate
   upon transfer of ownership, or abandonment of occupancy by the unit owner. When a foreclosure judgment is
   entered, if the unit owner remains-in possession of the unit, he shall pay the-reasonable rental value of the
   unit. The Association shall be entitled to the appointment of a receiver of the unit, as a matter of strict right.
   Assessments shall be paid without offset or deduction. No unit owner may withhold payment of assessments
   or any part of them because of any dispute which may exist amongst a unit owner, the Association, the
   Property Owners Association, the Governs of either, or any of them, but rather the unit owner shall pay all
   assessments pending resolution of any dispute.
E. Assignment of Lien. The Association, acting through its Board of Governors, shall have the right to assign its
   claim and lien rights for the recovery of any unpaid assessments to any unit owner or group of unit owners, or
   to any third party.

                                                    ARTICLE XIII
                                                      LIENS

A. No liens of any nature may be created subsequent to the recording of this Declaration in the public records of
   Palm Beach County, Florida, against the condominium property as a whole (as distinguished from individual
   units) except with the unanimous consent of the unit owners.
B. Unless a unit owner has expressly requested or consented to work being performed or materials being
   furnished to his unit, such labor or materials may not be the basis for the filing of a lien against his unit. No
   labor performed or materials furnished to the common elements shall be the basis for a lien thereon unless
   such labor performed or materials furnished was authorized by the Association, in which event the labor or
   materials might be the basis for the filing of a lien against a condominium parcels in the proportions for which
   the owners thereof are liable for common expenses.
C. In the event a lien against two or more condominium parcels becomes effective, each owner thereof may
   relieve his condominium parcel of the lien by paying the proportionate amount attributable to his condominium
   parcel. Upon such payment, it shall be the duty of the lienor to release the lien, of record from such
   condominium parcel.

                                                      ARTICLE IV
                                                     INSURANCE



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Insurance, other than title insurance, that shall be carried on the condominium property and on each condominium
parcel shall be governed by the following provisions:
A. Authority to Purchase, Named Insured. All insurance policies upon the condominium property shall be
   purchased by the Association and shall be placed in a single agency or company if possible. The named
   insured’s shall be the Insurance Trustee designated by the Association individually and as agent for the
   Association, the unit owners, without naming them, and their mortgagees. Provision shall be made for the
   issuance of mortgagee endorsements and memoranda of insurance to the mortgagees of unit owners. The
   policies shall provide that payments by the insurer for losses shall be made to the Insurance Trustee for the
   benefit of the unit owners and their mortgagees, as their interests may appear. Unit owners shall obtain
   coverage at their own expense upon all equipment and improvements within the boundaries of their units,
   their personal property, and for their personal liability and living expenses. The Insurance Trustee may be any
   bank in Florida with trust powers, as may be designated by the Board of Governors of the Association.

B. Coverage.
   1. Casualty Insurance. All buildings and insurable improvements within the condominium property shall be
        insured for fire and extended coverage perils, excluding foundation and excavation costs, at their
        maximum insurable replacement value, and all personal property included in the common elements or
        owned by the Association, shall be insured for its full insurable value, all as determined annually by the
        Board of Governors of the Association.
   2. Public Liability Insurance. The Association shall obtain public liability and property damage insurance
        covering all of the common elements and all property of the Association, and insuring the Association and
        the unit owners as their interests appear, in such amounts and providing such coverage as the Board of
        Governors of the Association may determine from time to time, provided, that the minimum amount of
        coverage shall be $100,000 each person, and $300,000 each incident. The liability insurance shall
        include, but not be limited to hired and non-owned automobile coverage.
   3. Workmen’s Compensation Insurance. The Association shall obtain Workmen’s Compensation Insurance
        in order to meet the requirements of law.
   4. Flood Insurance. The Association shall obtain flood insurance to meet the requirements of federal, state,
        or local law, or any regulation enacted pursuant to federal, state or local law.
   5. Other Insurance. The Board of Governors of the Association shall obtain such other insurance as they
        shall determine from time to time to be desirable.
   6. Subrogation Waiver. If available, the Association shall obtain policies which provide that the insurer
        waives its right to subrogation as to any claim against unit owners, the Association, and their respective
        servants, agents and guests.
C. Premiums. Premiums upon insurance policies purchased by the Association shall be paid by the Association.
   The cost of insurance premiums and other incidental expenses incurred by the Association in administering
   and carrying out any of the provisions of this Article shall be assessed against and collected from unit owners
   as a common expense.
D. Shares of Proceeds. All insurance policies purchased by the Association shall be for the benefit of the
   Association and the unit owners and their mortgagees, as their interests may appear, and shall provide that all
   proceeds covering losses shall be paid to the Insurance Trustee designated by the Board of Governors of the
   Association. The Insurance Trustee shall not be liable for the payment of premiums nor the renewal nor the
   sufficiency of policies nor for the failure to collect any insurance proceeds. The duty of the Insurance Trustee
   shall be to receive such proceeds as are paid and to hold the proceeds in trust for the purposes elsewhere
   stated herein for the benefit of the unit owners and their mortgagees in the following shares, which shares
   need not be set forth on the records of the Insurance Trustee.
   1. Common Elements. Proceeds on account of damage to common elements or the property of the
        Association shall be an undivided share for each unit owner, each share being the name as the undivided
        share of the common elements appurtenant to his unit.
   2. Units. Proceeds on account of damage to units shall be held in the following undivided shares:
        a. When the Building is to be restored. For the owners of damaged units in proportion to the cost of
             repairing the damage suffered by each unit, which cost shall be determined by the Association, each
             unit owner shall be bound by a certificate issued by the Association as to his proportionate share of
             the cost of repairs.
        b. When the building is not to be restored. An undivided share for each unit owner, such share being in
             the same ratio as the undivided share in the common elements appurtenant to his unit bears to the
             undivided share in the common elements appurtenant to all other units in the building.
   3. Mortgagee. In the event a mortgagee endorsement has been issued as to a unit, the share of the unit
        owner shall be held for the mortgagee and the unit owner as their interests may appear; provided
        however, than no mortgagee shall have any right to determine or participate in the determination as to
        whether or not any damaged property shall be reconstructed or repaired, and no mortgagee shall have
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        any right to apply or have applied to the reduction of a mortgage debt any insurance proceeds except
        distributions of such proceeds paid to the unit owner and mortgagee pursuant to the provisions of this
        Declaration.
E. Distribution of Proceeds. Proceeds of insurance policies received by the Insurance Trustee shall be
   distributed to or for the benefit of the unit owners and their mortgagees in the following manner:
   1. Expense of the Trust. All expenses of the Insurance Trustee shall be paid first, or provisions made for
        such payment.
   2. Reconstruction or Repair. If the damage for which the proceeds are paid is to be repaired or
        reconstructed, the remaining proceeds shall be paid to defray the cost of such as hereinafter provided.
        Any proceeds which remain after defraying such costs shall be distributed to the unit owners and their
        mortgagees, remittances to unit owners and their mortgagees being payable jointly to them. This is a
        covenant for the benefit of any mortgagee of a unit, and may be enforced by such mortgagee.


   3. Failure to Reconstruct or Repair. If it is determined in the manner hereinafter provided that the damage
        for which proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be
        distributed to the unit owners and their mortgagees remittances to unit owners and their mortgagees being
        payable jointly to them. This is a covenant for the benefit of any mortgagee of a unit, and may be enforced
        by such mortgagee. There shall be no distribution of remaining proceeds until all debris, remains and
        residue have been cleared and removed, and the condominium property has been properly landscaped.
        In the event of loss or damage to personal and/or real property belonging to the Association, and should
        the Board of Governors of the Association determine not to replace such personal and/or real property as
        may be lost or damaged, the proceeds shall be disbursed to the beneficial owners as common surplus.
   4. Certificate. In making distribution to unit owners and their mortgagees, the Insurance Trustee may rely
        upon a certificate of the Association made by its President and Secretary as to the names of the unit
        owners, and their mortgagees, and their respective shares of the distribution.
F. Association’s Power to Compromise Claims. The Board of Governors of the Association is hereby irrevocably
   appointed agent for each unit owner and for each owner of a mortgage or other lien upon a unit and for each
   owner of any other interest in the condominium property for the purpose of compromising and settling all
   claims arising under insurance policies purchased by the Association, and to execute and deliver releases
   there for upon payment of claims.
G. Mortgagee’s Right to Advance Premiums. Should the Association fail to pay insurance premiums when due,
   or should the Association fail to comply with other insurance requirements set forth in this Declaration, the
   mortgagee holding the greatest dollar volume of unit mortgages shall have the right, at its option, to order
   insurance policies and to advance such sums as are required to maintain or procure such insurance, and to
   the extent of the money so advanced, said mortgagee shall be subrogated to the assessment and lien rights
   of the Association as against the individual unit owners for the payment of such items of common expense.

                                           ARTICLE XV
                             RECONSTRUCTION OR REPAIR AFTER CASUALTY

A. Determination to Reconstruct or Repair. If any part of the condominium, property shall be damaged by
   casualty, whether or not it shall be reconstructed or repaired shall be determined in the following manner:
   1. Common Elements. If the damaged improvement is a common element, the damaged property shall be
       reconstructed or repaired unless it is determined in the manner elsewhere provided that the condominium
       shall be terminated.
   2. Lesser Damage to Building. If the damaged improvement is the building, and if the units to which fifty
       percent (50%) of the common elements are appurtenant are found by the Board of Governors of the
       Association to be tenantable the damaged property shall be reconstructed or repaired unless within sixty
       (60) days after the casualty it is determined by agreement in the manner hereinafter provided that the
       condominium shall be terminated.
   3. Major damage to Building. If the damaged improvement is the building, and if units to which more than
       fifty percent (50%) of the common elements are appurtenant are found, by the Board of Governors to be
       untenantable, the damaged property will not be reconstructed or repaired, and the condominium will be
       terminated without agreement as hereinafter provided, unless within sixty(60) days after the casualty, the
       owners of units to which more than seventy-five percent(75%) of the common elements are appurtenant
       agree in writing to such reconstruction or repair.
   4. Certificate. The Insurance Trustee may rely upon a certificate of the association made by its President
       and Secretary to determine whether or not the damaged property is to be reconstructed or repaired.
B. Plans and Specifications. Any reconstruction or repair must be substantially in accordance with the plans and
   specifications for the original buildings; or if not, then according to plans and specifications approved by the
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   Board of Governors of the Association, and, if the damaged property is buildings, by the owners of units to
   which more than seventy-five percent (75%) of the common elements are appurtenant, including the owners
   and mortgagees of all damaged units, which approval shall not be unreasonably withheld.
C. Responsibility. If the damage is only to those parts of a unit for which the responsibility of maintenance and
   repair is that of the unit owner, then the unit owner shall be responsible for the reconstruction and repair after
   casualty. In other instances the responsibility of reconstruction and repair shall be that of the Association.
D. Estimates of Costs. Immediately after a determination is made to rebuild or repair damage to property for
   which the Association has the responsibility of reconstruction or repair, the Association shall obtain reliable
   and detailed estimates of the cost to rebuild or repair. Such costs may include professional fees and
   premiums for such bonds as the Board of Governors desires.




E. Special Assessments. The amount by which an award of insurance proceeds to the Insurance Trustee is
   reduced on account of a deductible clause in an insurance policy shall be assessed against all unit owners in
   proportion to their shares in the common elements. If the proceeds of such assessments and of the insurance
   are not sufficient to defray the estimated costs of reconstruction and repair by the Association, or if at any time
   during reconstruction and repair, or upon completion of reconstruction and repair, the funds for the payment of
   the costs of reconstruction and repair are insufficient, assessments shall be made against the unit owners in
   sufficient amounts to provide funds for the payment of such costs. Such assessments on account of damage
   to common elements shall be in proportion to the units’ shares in the common elements. Such assessments
   on account of damage to units shall be in proportion to the shares of insurance proceeds attributable to each
   damaged unit if a building is to be restored, as set forth in Article XIV.D.2.b. of this Declaration.
F. Construction Funds. The funds for payment of costs of reconstruction and repair after casualty, which shall
   consist of proceeds of insurance held by the Insurance Trustee and funds collected by the Association from
   special assessments against unit owners, shall be distributed in payment of such costs in the following
   manner.
   1. Association. If the total of special assessments made by the Association in order to provide funds for
        payment of costs of reconstruction and repair that is the responsibility of the Association is Twenty Five
        Thousand Dollars($25,000.00) or more, then the sums paid upon such special assessments shall be
        deposited by the Association with the Insurance Trustee. In all other cases, the Association shall hold the
        sums paid upon such special assessments and disburse them in payment of the costs of reconstruction
        and repair.
   2. Insurance Trustee. The proceeds of insurance collected on account of a casualty, and the sums
        deposited with the Insurance Trustee by the Association from collections of special assessments against
        unit owners on account of such casualty, shall constitute a construction fund which shall be disbursed in
        payment of the costs of repair and construction in the following manner and order:
        a. Association – Lesser Damage. If the amount of the estimated costs of reconstruction and repair that
             is the responsibility of the Association is less than Twenty-Five Thousand Dollars ($25,000.00), the
             construction fund shall be disbursed in payment of such costs upon the order of the Association
             provided, however, that upon request to the Insurance Trustee by a mortgagee that 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 for the reconstruction and repair of major damage.
        b. Association - Major Damage. If the amount of the estimated costs of reconstruction and repair that is
             the responsibility of the Association is Twenty-Five Thousand Dollars ($25,000.00) or more, then the
             construction funds held by the Insurance Trustee shall be disbursed in payment of such costs in the
             manner required by the Board of Governors of the Association, and upon approval by an architect
             qualified to practice in Florida and employed by the Association to supervise the work.
        c. Unit Owner. The portion of insurance proceeds representing damage for which the responsibility of
             reconstruction and repair lies with a unit owner shall be paid by the Insurance Trustee to the unit
             owner, or if there is a mortgagee endorsement as to such unit, then to the unit owner and the
             mortgagee jointly who may use such proceeds as they may be advised.
        d. Surplus. It shall be presumed that the first monies disbursed in payment of costs of reconstruction
             and repair shall be from insurance proceeds. If there is a balance in a construction fund after payment
             of all costs of the reconstruction and repair for which the fund is established, such balance shall be
             distributed to the unit owners and their mortgagees who are beneficial owners of the fund, in the
             manner hereinbefore stated except, however, that the part of a distribution to unit owners and their
             mortgagees that is not in excess of special assessments paid by such owners into the construction
             fund shall not be payable to any mortgagee.

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       e. Certificate. Notwithstanding the provisions of this Declaration, the Insurance Trustee shall not be
          required to determine whether or not sums paid by the unit owners upon special assessments shall be
          deposited by the Association with the Insurance Trustee, nor to determine whether the disbursements
          from the construction fund are to be upon the order of the Association or upon approval of an architect
          or otherwise, nor whether a disbursement is to be made from the construction fund nor to determine
          the payee nor the amount to be paid. Instead, the Insurance Trustee may rely upon a certificate of the
          Association made by its President and Secretary as to any and all of such matters and stating that the
          sums to be paid are due and properly payable and stating the name of the payee and the amount to
          be paid provided, that when a mortgagee is required by this Declaration to be named as payee, the
          Insurance Trustee shall, also name the mortgagee as a payee of all distribution of insurance proceeds
          to a unit owner and, further provided, that when the Association or a mortgagee that is the beneficiary
          of an insurance policy whose proceeds are included in the construction fund so requires, the approval
          of an architect named by the Association shall be first obtained by the Association upon
          disbursements in payment of costs of reconstruction and repair.

G. Equitable Relief. In the event of major damage to or destruction of all or a substantial part of the
   condominium property, and in the event the property is not repaired, reconstructed or rebuilt within a
   reasonable period of time, any unit owner shall have the right to petition a court of equity having jurisdiction in
   and for Palm Beach County, Florida, for equitable relief which may, but need not necessarily include a
   termination of the condominium and a partition.

                                                   ARTICLE XVI
                                                USE RESTRICTIONS

A. Common Elements. The common elements shall be used only for the purposes for which they are intended
   in the furnishing of services and facilities for the enjoyment of the unit owners, except as easements upon
   them are reserved or granted.
B. Recreational and Common Use Property. All recreational property and common use property shall be used
   only for the purposes for which such property is intended in the furnishing of services and facilities for the
   enjoyment of the unit owners, except as easements upon them are reserved or granted.
C. Automobile Parking Spaces. A parking space to accommodate one automobile shall be assigned to each
   unit by instrument in writing. Upon such assignment the unit owner shall have the exclusive right to use the
   parking space located upon the common elements, without charge by the association. The costs of
   maintenance and administration of the reserved parking spaces shall be included as a part of the common
   expenses applicable to all units for the purposes of assessment. A reserved parking space may be separately
   assigned, transferred or conveyed to the Association or to another unit provided that, as a condition precedent
   to any such conveyance, assignment or transfer, the parking space shall be released from any mortgage lien
   or encumbrance on the unit. Whenever the Association shall become the owner of the exclusive right to use
   any reserved parking space, such exclusive right may be thereafter by written instrument, assigned by the
   Association to any specific unit with the same force and effect as if originally assigned thereto by the
   Developer.
D. Lawful Use. No immoral, improper, offensive, or unlawful use shall be made of any unit or of the
   condominium property. All municipal ordinances and zoning ordinances and the laws, rules and regulations of
   all government regulatory agencies and underwriters associations having jurisdiction shall be strictly
   observed. The responsibility of meeting the requirements of governmental bodies for maintenance,
   modification or repair of the condominium property shall be the same as the responsibility for maintenance
   and repair of the property concerned.
E. Nuisances. No nuisance shall be allowed upon the condominium property, nor any use or practice that is the
   source of annoyance to residents or which interferes with the peaceful possession and proper use of the
   condominium property by its residents, except, as easements are reserved or granted. All parts of the
   condominium property shall be kept in a clean and sanitary condition, and no rubbish, refuse or garbage shall
   be allowed to accumulate nor any fire hazard allowed to exist. No unit owner shall permit any use of his unit of
   use of the common elements that will increase the cost of insurance upon the condominium property.
F. Occupancy Restrictions, Adult Community. No unit shall at any time, be permanently occupied by more than
   two persons per bedroom. In as much as the Old Port Cove Towers Condominium community is designed and
   intended as an adult community, to provide housing primarily for residents who are fifty-five (55) years of age
   or older a minimum of eighty (80%) percent of the units in this condominium must be permanently occupied by
   at least one person fifty-five (55) years of age or more, while any person occupies said dwelling unit. Children
   under the age of sixteen (16) may visit and temporarily reside in a dwelling unit for a maximum of one month
   per calendar year. The Board of Governors shall establish policies and procedures for the purpose of assuring
   that the foregoing required percentage of occupancy is maintained at all times. Notwithstanding the provisions
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   of Article IX Section B hereof and Article VIII Section C4 of the By-Laws, the Board shall have the authority to
   make such capital improvements upon the common elements in order to provide facilities or services
   specifically designed to meet the needs of the residents and the requirements of the Fair Housing
   Amendments Act of 1988.
G. Storm Shutters. Each unit within the condominium must have storm shutters installed on any exterior
   windows, sliding glass doors or other appropriate aperture requiring storm shutters as determined by the
   Board of Governors of the Association. The cost of the installation, maintenance, repair and replacement of
   such storm shutters shall be the responsibility of the unit owner. Storm shutters shall conform to the
   specifications developed by the Board of Governors of the Association. Prior to the installation of any storm
   shutters, the unit owner shall make application to the Association for approval of same including plans and
   specifications evidencing that the proposed installation will conform to the Association’s specifications. No
   storm shutters may be installed without receiving the prior written approval of the Board of Governors of the
   Association. All storm shutters must be maintained in good working order at all times by the unit owner. The
   Board of Governors shall determine in its sole discretion whether the appearance of the storm shutters
   conforms to the requirements of the Association and whether the shutters require maintenance or
   replacement. All units must have the required and approved storm shutters installed by June 1, 1995. In the
   event any unit owner fails to install approved storm shutters within the time period established by this
   provision or any unit owner fails to properly maintain, repair or replace storm shutters as required herein, the
   Association may; after reasonable notice, install, repair or replace the storm shutters with respect to such unit
   at the expense of the unit owner which expenses shall be a lien upon the unit in the same manner as any
   other assessment levied by the Association pursuant to the provisions of this Declaration of Condominium and
   By-laws.
H. Display of Signs. No unit owner shall display or cause to be displayed any signs of any kind whatsoever in
   any window or on or about the units or the common elements.
I. Regulations. Regulations concerning use of the condominium property may be promulgated by the Board of
   Governors of the Association, provided that copies of such regulations are furnished to each unit owner prior
   to the time that the regulations become effective. Such regulations shall not impair or limit the rights of
   mortgagees.

                                             ARTICLE XVII
                                 MAINTENANCE OF COMMUNITY INTERESTS

In order to maintain a community of congenial residents, who are financially responsible and to protect the value
of the units, the transfer of units by any owner shall be subject to the following provisions as long as the
condominium exists and the buildings are in useful condition, which provisions each unit owner covenants to
observe.
A. Transfers Subject To Approval.
   1. Sale. No unit owner may dispose of a unit or an interest in a unit by sale without approval of the
       Association.
   2. Lease. No unit owner may dispose of a unit or any interest in a unit by lease without the approval of the
       Association. Under no circumstance may a unit under an approved lease be occupied by persons other
       than the approved lessees, the lessees’ family or non-paying quests. No unit may be leased more than
       once in any calendar year and no lease may be for a period of less than three (3) months. Additionally, the
       Association may condition its approval of any lease of a unit on the requirement that the owner or tenant
       post with the Association a security deposit not to exceed the maximum amount permitted by the
       Condominium Act, as same may be amended from time to time.
   3. Gift, Devise or Inheritance. If any unit owner shall acquire his title by gift, devise or inheritance, the
       continuance of his ownership of his unit shall be subject to the approval of the Association.
   4. Other Transfers. If any unit owner shall acquire his title by any manner not mentioned in the foregoing
       subsections, the continuance of his ownership of his unit shall be subject to the approval of the
       Association.
   5. Conveyance. No unit shall be conveyed or transferred except by deed which includes a fully executed
       and acknowledged Acknowledgement and Acceptance by Grantee, in the form as attached as Exhibit A to
       the Articles of Incorporation of the Association.
B. Approval by the Association. The approval of the Association that is required for the transfer of ownership of
   units shall be obtained in the following manner:
   1. Sale. A unit owner intending to make a bona fide sale of his unit or any interest in it shall give the
       Association notice of such intention in writing, together with the name and address of the intended
       purchaser and such other information concerning the intended purchaser as the Association may
       reasonably require. The Association may require the proposed purchaser or purchasers to submit to a
       personal interview at the condominium or if a personal interview at the condominium is inconvenient
                                                          14
FOR INFORMATIONAL PURPOSES ONLY NOT TO BE RELIED ON FOR ESTOPPEL
       because the purchaser or purchasers live more than one hundred miles from the condominium and do not
       plan to be in Palm Beach County between the date the application is submitted and the date of closing,
       the Board in its discretion; may agree to allow the personal interview to be conducted by telephone. The
       notice at the unit owners option, may include a demand by the unit owner that the Association furnish a
       purchaser of the unit if the proposed purchaser is not approved. If such demand is made, the notice shall
       be accompanied by an executed copy of the proposed contract to sell.
   2. Lease. A unit owner intending to make a bona fide lease of his unit shall give the Association notice of
       such intention, together with the name and address of the intended Lessee, such other information
       concerning the intended lessee as the Association may reasonably require, and an executed copy of the
       proposed lease. The Association may require the proposed lessee or lessees to submit to a personal
       interview at the condominium or; if a personal interview at the condominium is inconvenient because the
       lessee or lessees live more than one hundred miles from the condominium and do not plan to be in Palm
       Beach County between the date the application is submitted and the date of closing, the Board, in its
       discretion, may agree to allow the personal interview to be conducted by telephone.


   3. Gift, Devise or Inheritance, Other Transfers. A unit owner, who has obtained his title by gift, devise or
       inheritance, or by any other manner not previously mentioned, shall give the Association notice of the
       acquiring of his title, together with such information concerning the unit owners as the Association may
       reasonably require, and a certified copy of the instrument evidencing the individual’s interest. The
       Association may require the proposed transferee or transferees to submit to a personal interview at the
       condominium or if a personal interview at the condominium is inconvenient because the transferee or
       transferees live more than one hundred miles from the condominium and do not plan to be in Palm Beach
       County between the date the application is submitted and the date of closing the Board in its discretion
       may agree to allow the personal interview to be conducted by telephone.
   4. Failure to Give Notice. If the required notice to the Association is not given, at any time after receiving
       knowledge of a transaction or event transferring ownership or possess of a unit, the Association, at its
       election and without notice, may approve or disapprove the transaction or ownership. If the Association
       disapproves the transaction or ownership, the Association shall proceed as if it had received the required
       notice on the date of such disapproval. The Association may deny the unauthorized owner, lessee, or
       occupant of a unit the use of the common elements.
   5. Transfer Fee. To cover the processing of the application and to defray the cost to the Association when a
       unit is transferred from one owner to another, whether by sale, lease, gift, devise, inheritance or other
       means, there will be a fee not to exceed the maximum amount permitted by the Condominium Act, as
       same may be amended from time to time to be paid to the Association or to whomever: the Board of
       Governors so designates. The application will not be processed nor a Certificate of Approval issued by the
       Association until the fee is paid. This paragraph shall have no application to units owned by a bank, life
       insurance company, real estate investment trust or savings and loan association that acquires its title by
       owning a mortgage upon the unit concerned, through deed or other arrangements from the mortgagor or
       foreclosure.
   6. Application Form. The Association has the authority to prescribe an application form that may require
       personal financial and other data relating to the intended purchaser, as relates to the new owner in the
       case of a transfer by gift devise or inheritance as may reasonably be required by the Association in order
       to enable it to responsibly investigate the intended purchaser or new owner within the time limits extended
       to the Association for that purpose as hereinafter set forth. The application shall be completed and
       submitted to the Association along with and as an integral part of the notice.
C. Certificate of Approval by the Association shall be given in the following manner:
   1. Sale. If the proposed transaction is a sale within thirty (30) days after receipt of such notice and
       information the Association must either approve or disapprove the proposed transaction. If approved, the
       approval shall be stated in a certificate executed by the President or Vice President of the Association and
       recorded in the Palm Beach County public records at the expense of the seller.
   2. Lease. If the proposed transaction is a lease within thirty (30) days after receipt of such notice and
       information the Association must either approve or disapprove the proposed lease. If approved the
       approval shall be stated in a certificate executed by the President or Vice President.
   3. Gift, Devise or Inheritance Other Transfers. If the unit owner giving notice has acquired his title by gift,
       devise, inheritance, or any other manner, then within thirty (30) days after receipt of such notice and
       information the Association must either approve or disapprove the continuance of the unit owner’s
       ownership of his unit. If approved, the approval shall be stated in a certificate executed by the President or
       Vice President of the Association which shall be recorded in the Palm Beach County public records at the
       expense of the unit owner.

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FOR INFORMATIONAL PURPOSES ONLY NOT TO BE RELIED ON FOR ESTOPPEL
D. Disapproval by the Association. If the Association shall disapprove a transfer of ownership of a unit, the
   matter shall be disposed of in the following manner:
   1. Sale. If the proposed transaction is a sale and if the notice of sale given by the unit owner shall so
       demand, then within thirty (30) days after receipt of such notice and information the Association shall
       deliver or mail by United States mail to the unit owner an agreement to purchase the subject unit by a
       purchaser approved by the Association who will purchase and to whom the unit owner must sell the unit
       upon the following terms:
       a. At the option of the purchaser (which shall be stated in the agreement) the price to be paid shall be
           that stated in the disapproved contract to sell or shall be the fair market value of the unit determined
           by arbitration in accordance with the then existing rules of the American Arbitration Association,
           except that the arbitrators shall be two appraisers appointed by the American Arbitration Association,
           who shall base their determination upon an average of their separate appraisals of the unit. A
           judgment of specific performance of the sale upon the award rendered by the arbitrators may be
           entered in any court of competent jurisdiction. The expense of the arbitration shall be equally shared
           by the seller and the purchaser.



        b. The purchase price shall be paid in cash.
        c. The sale shall be closed within thirty (30) day after the delivery or mailing to the unit owner of the
            agreement to purchase, or within ten (10) days after the determination of the sale price if such is by
            arbitration, whichever is the later.
        d. A certificate of the Association executed by its President or Vice President approving the purchaser
            shall, be recorded in the Palm Beach County public records at the expense of the purchaser.
        e. If the Association shall fail to provide a purchaser upon demand of the unit owner in the manner
            provided, or if a purchaser furnished by the Association shall default in his agreement to purchase,
            then, notwithstanding the disapproval, the proposed transaction shall be deemed to have been
            approved and the Association shall furnish a certificate of approval as above provided which shall be
            recorded in the Palm Beach County public records at the expense of the seller.
F. The foregoing requirements that the Association provide a substitute purchaser shall not apply if the
   application to purchase is turned down for good cause. Good cause being defined as follows:
            (i). The person seeking approval (which shall include all proposed occupants) has been convicted of
                  a crime involving violence to persons or property or a felony demonstrating dishonesty or moral
                  turpitude;
            (ii). The application for approval on its face, or the conduct of the applicant indicates that the person
                  seeking approval intends to conduct himself in a manner inconsistent with the Condominium
                  Documents By way of example, but not limitation a purchaser taking possession of the premises
                  prior to approval by the Association as provided for herein shall constitute a presumption that the
                  applicant’s conduct is inconsistent with the Condominium Documents;
            (iii). The person seeking approval has a history of disruptive behavior or disregard for the rights and
                  property of others as evidenced by his conduct in other housing facilities or associations or by his
                  conduct in this condominium as a tenant unit owner or occupant of a unit;
            (iv). The person seeking approval has failed to provide the information, fees or appearances required
                  to process the application in a timely manner.
            (v). The person or persons seeking approval facially fail to qualify for membership in the Association;
                  and
            (vi). The person or persons applying to purchase the unit do not have the financial wherewithal to
                  meet their prospective obligations to the Association. This requirement shall be satisfied so long
                  as the proposed purchaser or purchasers purchase the condominium unit with no more than
                  ninety percent (90%) of the purchase price being financed or being funded through borrowed
                  funds.
G. Guests. Occupancy of any unit by guests whether of the owner, a lessee or any other occupant, shall be
   limited as set forth herein. The Association must be notified prior to the arrival of any overnight guest as the
   name of the guest, the unit which the guest will occupy, the anticipated length of stay of the guest, and
   whether the owner or approved lessee will be occupying the unit with the quest. There is no limit on the length
   of time a guest can stay with the owner or approved lessee. However, any guests other than the immediate
   family of the owner or approved lessee (defined as parents grandparents children, grandchildren, brothers
   and sisters) occupying a unit in the absence of an approved lessee or the owner shall be limited to a
   maximum of thirty(30) days, cumulatively in any calendar year. The foregoing cumulative limit shall apply to all
   such guests, not to each such guest.

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FOR INFORMATIONAL PURPOSES ONLY NOT TO BE RELIED ON FOR ESTOPPEL
   1. Lease. If the proposed transaction is a lease, the unit owner shall be advised by the Association of the
         disapproval, in writing, within thirty (30) days after receipt of notice by the Association, the lease shall not
         be made, and the lessee shall not occupy the unit.
   2. Gift Devise or Inheritance other Transfers. If the unit owner giving notice has acquired title by gift, devise,
         inheritance, or in any other manner, then within thirty (30) days after receipt from the unit owner of the
         notice and information required to be furnished, the Association shall deliver or mail by certified mail to the
         unit owner an agreement to purchase the unit by a purchaser approved by the Association, who will
         purchase and to whom the unit owner must sell the unit upon the following terms:
         a. The sale price shall be the fair market value of the unit as determined by agreement between the
              seller and the purchaser within fifteen (15) days from the delivery or mailing of the agreement. In the
              absence of agreement as to price, the price shall be determined by arbitration in accordance with the
              then existing rules of the American Arbitration Association, except that the arbitrator shall be two
              appraisers appointed by the American Arbitration Association, who shall base their determination
              upon an average of their appraisals of the unit. A judgment of specific performance of the sale upon
              the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The
              expense of the arbitration shall be paid by the purchaser.
         b. The purchase price shall be paid in cash.
         c. The sale shall be closed within ten (10) days following the determination of the sale price.
         d. A certificate of the Association executed by its President or Vice President and approving the
              purchaser shall be recorded in the Palm Beach County public records at the expense of the
              purchaser.
         e. If the Association shall fail to provide a purchaser as required herein, or if a purchaser furnished by
              the Association shall default in his agreement to purchase the ownership shall be deemed to have
              been approved, and the Association shall furnish a certificate of approval as above provided, which
              shall be recorded in the Palm Beach County public records at the expense of the unit owner.
H. Mortgage. No unit owner may mortgage his unit or any interest in it without the approval of the Association,
   except to a bank, a life insurance company or a savings and loan association, or to a vendor to secure a
   portion or all of the purchase price. The approval of any other mortgagee shall be upon conditions determined
   by the Board of Governors of the Association.
I. Exceptions. The foregoing provisions of this Article XVII shall not apply to a transfer to or purchase by a bank,
   life insurance company, real estate investment trust, or savings and loan association that acquires, its title to a
   unit as the result of owning a mortgage upon the unit This shall be so whether, the title is acquired by deed or
   other arrangements in lieu of foreclosure from the mortgagor, his successors or assigns, or through
   foreclosure. Such provisions shall not apply to a transfer, sale, or lease by a bank, life insurance company,
   real estate investment trust, or savings and loan association that so acquires its title. Such provisions require
   the approval of a purchaser who acquires title to a unit at a duly advertised public sale with open bidding
   provided By-Law, such as, but not limited to, execution sale, foreclosure sale, judicial sale, or tax sale.
J. Unauthorized Transaction. Any sale, mortgage, lease or other transfer not authorized pursuant to the terms
   of this Declaration shall be void unless subsequently approved by the Association.

                                                ARTICLE XVIII
                                           COMPLIANCE AND DEFAULT

Each unit owner shall be governed by and shall comply with the terms of this Declaration and its exhibits, and
rules and regulations adopted by the Association, all as they may be amended from time to time. Failure of a unit
owner to comply with the condominium documents and regulations shall entitle the Association or other unit
owners to the following relief in addition to the remedies provided by the Condominium Act.
A. Negligence. A unit owner shall be liable for the expense of all maintenance, repair or replacement rendered
   necessary by his negligence or by that of any member of his family or his or their guests, employees, agents;
   or lessees. A unit owner shall pay the Association the amount of any increase in insurance premiums caused
   by use, misuse, occupancy or abandonment of a unit or its appurtenances, or of the common elements, by the
   unit owner.
B. Costs and Attorneys’ Fees. In any proceedings arising because of an alleged failure of a unit owner or the
   Association to comply with the terms of this Declaration, the By-Laws of the Association, or the regulations
   adopted pursuant to them, the prevailing party shall be entitled to recover the costs of the proceedings and
   such reasonable attorneys’ fees (including attorneys’ fees in appellate proceedings) as may be awarded by
   the Court.
C. No Waiver of Rights. The failure of the Association or any unit owner to enforce any covenant, restriction or
   other provision of the Condominium Act, this Declaration and its exhibits or the regulations of the Association,
   shall not constitute a waiver of the right to do so thereafter.

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FOR INFORMATIONAL PURPOSES ONLY NOT TO BE RELIED ON FOR ESTOPPEL
                                      ARTICLE XIX
                                     AMENDMENTS

Except as herein provided otherwise, this Declaration may be amended in the following manner:
A. Notice. Notice of a subject matter of a proposed amendment shall be included in the notice of any Board of
   Governor’s or members’ meeting at which a proposed amendment is to be considered.
B. Resolution and Approval. A resolution for the adoption of a proposed amendment may be made by either the
   Board of Governors of the Association or by the members of the Association. Governors and members not
   present in person or by proxy at the meeting considering the amendment may express their approval in writing
   provided such approval is delivered to the Secretary at or prior to the meeting. Except as elsewhere provided
   to amend this Declaration, such approvals must be by a majority of the entire membership of the Board of
   Governors, and not less than a majority of the votes of members voting in person or by proxy at a duly called
   regular or special meeting of the members of the Association at which a quorum is present.
C. Proviso. No amendment shall discriminate against any unit owner, nor against any unit, class, or group of
   units, unless the unit owners, so affected shall join in consent thereto. No amendment shall be adopted to this
   Declaration or to the exhibits hereto which may affect the rights of any mortgagee without the prior written
   consent and joinder of such mortgagee. No amendment shall change the configuration or size of any unit in
   any material fashion, materially alter or modify the appurtenances to such unit, nor change the proportion or
   percentage by which the owner of the parcel shares the common expenses and owns the common surplus,
   unless the record owner of the unit and all record owners of mortgages encumbering the unit shall consent in
   the execution of the amendment. No amendment shall effect any modification, revision or deletion of any of
   the provisions of Articles XIV and XV hereof unless the record owners of all mortgages encumbering the
   condominium property and units shall consent by joinder in the execution of the amendment.
D. Voting Requirements. No provision of this Declaration or of the exhibits hereto which requires, to be effective,
   operational or to be enacted, a vote of the unit owners greater than that required in this Article to amend the
   Declaration, shall be amended or changed by any amendment to this Declaration or to the exhibits hereto
   unless, in addition to all other requirements of this Article being met, the amendment or change shall be
   approved by a vote of the members not less than that required by this Declaration or exhibits hereto to effect
   such provision.
E. Scrivener’s Errors. If it shall appear that through scrivener’s error all of the common expenses or interests in
   the common surplus or all of the common elements have not been distributed in this Declaration such that the
   sum total of the shares of common elements which have been distributed or the sum total of the shares of the
   common expenses or ownership of common surplus fails to equal 100%, or if it shall appear that through such
   error more than 100% of the common elements or common expenses or ownership of the common surplus
   shall have been distributed; or if it shall appear that through scrivener’s error a unit has not been designated
   an appropriate undivided share of the common elements, common expense or common surplus, or if it
   appears that there is an omission or error in this Declaration or in any other documents required By-Law to
   establish this Condominium, the Association may correct the error and or omission by an amendment to this
   Declaration and/or the other documents by a resolution of the Board of Governors of the Association approved
   by a majority of the whole number of governors, or by a majority vote of the unit owners voting at a meeting of
   unit owners called at least in part for the purpose, at which a quorum is present.

    If such an amendment, considered and approved pursuant to this subparagraph, materially adversely affects
    property rights of unit owners, the unit owners whose property rights are so materially adversely affected must
    consent to the amendment in writing for the amendment to become effective. If the amendment considered
    and approved pursuant to this subparagraph, modifies the shares of the shares of common expenses,
    common elements or common surplus appurtenant to one or more units, then the owners of the units and the
    owners of liens upon the units for which changes in the shares of common elements or common expenses or
    common surplus are being made must consent in writing to such amendment for such amendment to be
    effective.
    For purposes of this subparagraph no unit owners’ property rights shall be deemed to be materially adversely
    affected nor shall his share of the common elements, common expenses or common surplus be deemed
    modified by reason of the modification of the shares of common expenses, common elements or common
    surplus to another unit appurtenant or attributable to another unit.
F. Execution and Recording. A copy of each amendment shall be attached to a certificate certifying that the
   amendment was duly adopted, which certificate shall be executed by the officers of the Association with the
   formalities of a deed. The amendment shall be effective when such certificate and copy of the amendment are
   recorded in the public records of Palm Beach County, Florida.


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FOR INFORMATIONAL PURPOSES ONLY NOT TO BE RELIED ON FOR ESTOPPEL
                                      ARTICLE XX
                                     TERMINATION

The Condominium may be terminated in the following manner in addition to the manner provided by the
Condominium Act.
A. Destruction. If it is determined in the manner elsewhere provided that the buildings shall not be reconstructed
   because of major damage, the condominium plan of ownership shall be terminated without agreement.
B. Agreement. The Condominium may be terminated at any time by the approval in writing of all record owners
   of units and all record owners of mortgages on units. If the proposed termination is submitted to a meeting of
   the members of the Association, the notice of such meeting shall give notice of the proposed termination, and
   if the approval of the owners of units to which not less than seventy five percent(75%) of the common
   elements, are appurtenant, and of the record owners of all mortgages upon the units, are obtained in writing
   not later than thirty (30) days from the date of such meeting, then the approving owners shall have an option
                                                                                       th
   to buy all of the units of the other owners for the period ending on the sixtieth(60 ) day from the date of such
   meeting such approvals shall be irrevocable until the expiration of the option, and if the option is exercised,
   the approvals shall be irrevocable. The option shall be upon the following terms
   1. Exercise of option. The option shall be exercised by delivery or mailing by certified mail to each of the
        record owners of the units to be purchased, an agreement to purchase signed by the record owners of
        units who will participate in the purchase. Such an agreement shall indicate which units will be purchased
        by each participating owner and shall require the purchase of all units owned by owners not approving the
        termination. This agreement shall effect a separate contract between each seller and his purchaser.
   2. Price. The sale price of each unit shall be the fair market value determined by agreement between the
        seller and purchaser within thirty (30) days from the delivery or mailing of such agreement, and in the
        absence of agreement as to price, it shall be determined by arbitration in accordance with the then
        existing rules of the American Arbitration Association, except that the arbitrators shall be two appraisers
        appointed by the American Arbitration Association, who shall base their determination upon the average
        of their appraisals of the units. A judgment of specific performance of the sale upon the award rendered
        by the arbitrators may be entered in any court of competent jurisdiction. The expense of arbitration shall
        be paid by the purchaser.
   3. Payment. The purchase price shall be paid in cash.
   4. Closing. The sale shall be closed within ten (10) days following the determination of the sale price.
C. Certificate. The termination of the Condominium in either of the foregoing manners shall be evidenced by a
   certificate of the Association executed by its President and Secretary certifying as to facts effecting the
   germination, which certificate shall become effective upon being recorded in the public records of Palm Beach
   County, Florida.
D. Shares of Owners after Termination. After termination of the Condominium, the unit owners shall own the
   condominium property and all assets of the Association as tenants in common in undivided shares that shall
   be the same as the undivided shares in the common elements appurtenant to the owners unit prior to the
   termination.
E. Amendment. This Article concerning termination cannot be amended without consent of all unit owners and
   all record owners of mortgages upon the units.

                                               ARTICLE XXI
                                        MISCELLANEOUS PROVISIONS

A. Limitation of Liability. The Liability of the owner of a unit for common expenses shall be limited to the amounts
   for which he is assessed from time to time in accordance with the Declaration. The owner of a unit shall have
   no personal liability for any damages caused by the Association on or in connection with the use of the
   common elements. A unit owner shall be liable for injuries or damages resulting from an occurrence in his
   own unit to the same, extent and degree that the owner of a house would be liable for an occurrence
   happening within the house.
B. Remedies for Violation. Each unit owner, his family members, guests, invitees licensees and lessees as well
   as the family members, guests, invitees and licensees of any lessee shall be governed by and conform with
   this Declaration and exhibits hereto and any Rules and Regulations adopted by the Association. Failure to do
   so shall entitle the Association or any unit owner to recover damages or obtain injunctive relief or both, but
   such relief shall not be exclusive of other remedies provided By-Law. Should the Association or any unit
   owner find it necessary to bring court action to bring about compliance with the law, this Declaration, or the
   exhibits hereto, upon a finding by the Court that the violation complained is willful and deliberate. The unit
   owner so violating shall reimburse the party bringing suit for reasonable attorneys fees {including appellate
   attorneys fees) incurred by it in bringing such action, as determined by the Court. In addition to the foregoing
   remedies the Association shall also have the right to levy fines not to exceed the maximum amount permitted
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FOR INFORMATIONAL PURPOSES ONLY NOT TO BE RELIED ON FOR ESTOPPEL
   by the Condominium Act as same may be amended from time to time such fines to be implement in
   accordance with the procedures set forth in the Condominium Act as same ma be amended from time to time.
   All of the foregoing remedies of the Association shall be cumulative.
C. Tax Assessment. For the purposes of ad-valorem taxation the interest of the owner of a condominium parcel
   in his unit and in the common elements shall be considered as a unit. The value of said unit shall be equal to
   the percentage of the value of the entire condominium, including land and improvements, as has been
   assigned to said unit as its undivided share of the common elements by this Declaration. The total of all of
   said percentages equals 100% of the value of all of the land and improvements thereon.
D. Registry of Owners and Mortgagees. The Association shall at all times maintain a registry setting forth the
   names of the owners of units. In the event of a sale or transfer of any unit, the purchaser or transferee shall
   notify the Association in writing of his interest in the unit and the recording information for the instrument by
   which such purchaser or transferee has acquired his interest. The owner shall notify the Association of any
   mortgage encumbering any unit and any transfer thereof; the amount of such mortgage and the recording
   information for the mortgage. The holder of any mortgage encumbering any unit may, if he so desires, notify
   the Association of the existence of such mortgage, and upon receipt of that notice, the Association shall
   register in its records all pertinent information pertaining to the mortgage.
E. Covenants Run With the Land. All provisions of this Declaration and exhibits attached hereto; and
   amendments thereof, shall be construed to be covenants running with the land, and of every part thereof and
   interest therein including, but not limited to, every unit and the appurtenances there to and every unit owner
   and claimant of the property, or any part thereof, or of any interest the therein, and his heirs, executors,
   administrators, trustees, successors and assigns, shall be bound by all of the provisions of this Declaration
   and exhibits hereto and amendments thereof.
F. Severability. If any of the provisions of the Declaration the Association’s Articles of Incorporation, its By-Laws,
   the Property Owners Association’s Articles of Incorporation, its By-Laws, the mortgage upon its property, the
   promissory note which is secured by that mortgage, or of the Condominium Act, or of any section, sentence,
   phrase, word, or application of any of them in any circumstance, is held invalid, the validity of the remainder of
   them shall not be affected thereby.
G. Conflicts. In all cases of conflict in documents, this Declaration shall be considered the controlling document.
H. Notices. Except when expressly provided otherwise, whenever notices are required to be sent hereunder, the
   same may be delivered to unit owners, either personally or by mail, addressed to such unit owners at their
   place of residence in the condominium, unless a unit owner has, by written notice duly receipted for, specified
   a different address. Proof of such mailing or personal delivery by the Association shall be given by the affidavit
   of the person mailing or personally delivering said notices. Notices to the Association shall be delivered by
   mail to the Secretary of the Association, at the Secretary’s residence in the condominium, or in case of the
   Secretary’s absence, then the President of the Association at his residence in the condominium, and in his
   absence, any member of the Board of Governors of the Association.
   1. All notices shall be deemed and considered sent when mailed. Any party may change his or its mailing
        address by written notice, duly receipted for. Notices required to be given to the personal representatives
        of a deceased owner, or devisee when there is no personal representative, may be delivered either
        personally or by mail, to such party at his or its address appearing in the records of the Court therein the
        estate of such deceased owner is being administered.
   2. The change of the mailing address of any party, as specified herein, shall not require an amendment to
        the Declaration.
I. Construction of Declaration. The provisions of this Declaration shall be liberally construed to effectuate its
   purpose of creating a uniform plan for the operation of a condominium.
J. Captions. The captions used in this Declaration and exhibits annexed hereto are inserted solely as a matter
   of convenience and shall not be relied upon and or used in construing the effect or meaning of any of the text
   of this Declaration or exhibits hereto.
K. Managers Apartment. An apartment for the resident manager of the Condominium Association is located on
   the ground floor of the west building, as shown on Exhibit C attached hereto. The apartment and its
   appurtenances shall constitute common elements of this condominium, but exclusive use shall be reserved to
   the resident manager. This condominium and Tower East Condominium shall share the cost, if any, of
   operating and maintaining the apartment, in proportion to their respective shares of ownership in the
   Amenities Land.
L. Association Budget. The Association shall prepare budgets for the operation and management of this
   condominium, the Amenities Land.




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