2012 AMENDED AND RESTATED DECLARATION OF CONDOMINIUM FOR EAGLE CAY CONDOMINIUM COLLIER COUNTY, FLORIDA

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1 2012 AMENDED AND RESTATED DECLARATION OF CONDOMINIUM FOR EAGLE CAY CONDOMINIUM COLLIER COUNTY, FLORIDA Made this 7th day of March, 2012, by Eagle Cay Condominium, Inc., a corporation organized and existing under the laws of the State of Florida, hereinafter called the Association, for itself, its successors and assigns. BY THESE PRESENTS, does hereby make the following declarations: 1. PURPOSE. The purpose of this Declaration is to amend and restate that certain Declaration filed in the Official Records of Collier County, Florida, at O.R. Book 1331, Page 1970, as amended and restated at O.R. Book 2168, Page 2202, and subsequently amended of O.R. 2330, Page 2506, Public Records of Collier County, Florida, which Declaration submitted the lands therein and set forth below, together with all improvements thereon, to the condominium form of ownership and use in the manner provided by F.S. Chapter 718, Florida Statutes. 1.1 Name. The name of this condominium is EAGLE CAY CONDOMINIUM, a condominium. 1.2 Address. The addresses for this condominium are 881 Collier Court through 901 Collier Court, Marco Island, Florida. phases. 1.3 Development Plan. Eagle Cay Condominium was developed in two 1.4 The Lands. The lands (hereinafter referred to as the Condominium Property ), situated, lying and being within that area of Collier County, Florida, are more particularly described in 3.1 herein. Submerged Lands. See Article 21 of this Declaration of Condominium and Sovereignty Submerged Land Lease recorded at O.R. Book 3581, Page 3916, of the Collier County Public Records. The submerged lands are declared limited common elements or Association property, as provided herein. 1.5 Covenants Running with Land. All provisions of the Declaration shall be 1

2 construed to be perpetual covenants running with the land and with every part thereof and interest therein, and every condominium parcel owner and claimant of the land or any part thereof or interest therein, and his heirs, executors and administrators, successors and assigns, shall be bound by all of the provisions of the Declaration, unless this Declaration shall be terminated pursuant to the Condominium Act and/or as provided herein. Both the burdens imposed and the benefits shall run with each condominium parcel as herein defined. 2. DEFINITIONS The terms used in this Declaration and in the Articles of Incorporation, the By- Laws and the Rules and Regulations of EAGLE CAY CONDOMINIUM, INC., shall have the meaning stated in the Condominium Act and as follows, unless the context otherwise requires. Further, whenever the context so requires, the use of any gender shall be deemed to include all genders, the use of the plural shall include the singular and the singular shall include the plural. 2.1 Assessment means a share of the funds required for the payment of common expenses, which from time to time is assessed against the unit owner. 2.2 Association means the corporate entity responsible for the operation of a condominium. 2.3 Board of Administration means the Board of Directors or other representative body responsible for administration of the Association. 2.4 By-Laws means the by-laws of the Association existing from time to time. 2.5 Common elements includes within its meaning the following: The condominium property which is not included within the units Easements through units for conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility services to units and the common elements An easement of support in every portion of a unit which contributes to the support of a building The property and installations required for the furnishing of utilities and other services to more than one (1) unit or to the common elements. 2.6 Common Expenses means all expenses and assessments properly incurred 2

3 by the Association for the condominium. 2.7 Common Surplus means the excess of all receipts of the Association, including, but not limited to, assessments, rents, profits, and revenues on account of the common elements, over the common expenses. 2.8 Condominium means that form of ownership of real property which is created pursuant to the provisions of the Florida Condominium Act and which is comprised of units that may be owned by one (1) or more persons, and there is, appurtenant to each unit, an undivided share in the common elements. 2.9 Condominium Parcel means a unit, together with the undivided share in the common elements which is appurtenant to the unit Condominium Property means the lands, leaseholds and personal property that are subjected to condominium ownership, whether or not contiguous, and all improvements thereon and all easements and rights appurtenant thereto intended for use in connection with the condominium Declaration or means the instrument or instruments by which the condominium is created, as they are from time to time amended Developer means the entity which created the condominium. The Developer of this condominium was WAVERLY DEVELOPMENT/EAGLE CAY CORPORATION, a Florida Corporation Institutional Mortgagee is the owner and holder of a mortgage encumbering a condominium parcel, which owner and holder of said mortgage shall be either a bank, life insurance company, federal or state savings and loan association, real estate or mortgage investment trust, federal or state agencies, or other mortgagee acceptable to and approved by the Board of Directors of the Association Limited Common Elements means those common elements which are reserved for the use of certain condominium unit or units to the exclusion of other units, as specified in the declaration of condominium. Whenever a portion of the Condominium Property naturally and exclusively services a particular unit, and where the area in question lies outside of the boundaries of the unit, the delegation of maintenance responsibility for the area (e.g., air compressors) shall serve to define the area as a limited common element Operation or operation of the condominium includes the administration 3

4 and management of the condominium property Unit means a part of the condominium property which is subject to exclusive ownership, as specified in the. parcel Unit Owner or owner of a unit means the owner of a condominium 2.18 Utility Services as used in the Condominium Act and as construed with reference to this condominium, and as used in the Declaration and all exhibits attached thereto, shall include, but not be limited to, electric power, gas, hot and cold water, heating and refrigeration, air conditioning, garage and sewage disposal and other required services imposed by governmental authorities. 3. DEVELOPMENT 3.1 Improvements. The Surveys, Plot plans and Graphic Descriptions of Improvements mentioned above, showing the units, common elements, their locations and approximate dimensions in sufficient detail to identify them as recorded in O.R. Book 2168, Page , Public Records of Collier County, Florida, and also a photocopy of surveys of the Submerged Lands as recorded in O.R. Book 3581, Pages , Public Records of Collier County, Florida, (hereinafter collectively the Drawings) are incorporated herein by reference as if included herein. 3.2 Identification of Units The Condominium Property consists of the land described in Article 1.4 hereof and all easements and rights appurtenant thereto, together with the buildings and other improvements constructed thereon, which includes the units, common elements and limited common elements The Condominium Property includes one single story Villa building known as Building One, which contains a total of four (4) Villa apartment units; two (2) low rise buildings known as Buildings Two and Three containing twenty-two (22) units on four (4) floors with separate underparking on the ground level and two (2) midrise buildings, one (1) containing thirty-four (34) units on six (6) floors and known as Building Four and one (l) containing fortyfour (44) units on eight (8) floors known as Building Five, with both buildings having separate underparking on the ground level. The complete legal description of the units, each of which is declared to be a condominium unit and subject to private ownership, is composed of the number identifying the Building in which the unit is located, followed by the number designating the specific apartment, which number corresponds to the street address assigned to each of the apartments by the Collier County, Florida, authorities The Buildings which are included in the Condominium Property are as 4

5 follows: Building One units 101 through 104 Building Two units 201 through 206 units 301 through 306 units 401 through 406 units 502 through 505 Building Three units 201 through 206 units 301 through 306 units 401 through 405 units 502 through 505 Building Four units 201 through 206 units 301 through 306 units 401 through 406 units 501 through 506 units 601 through 606 units 702 through 705 Building Five units 201 through 206 units 301 through 306 units 401 through 406 units 501 through 506 units 601 through 606 units 701 through 706 units 802 through 805 units 902 through The total number of units in the condominium is one hundred twenty-six (126). The owner of each unit therein shall be a member of the condominium Association and is entitled to vote in accordance with the provisions hereof The distribution of common expenses and the ownership of common elements and common surplus are 1/126th to each unit. 4. UNIT BOUNDARIES 5

6 Each unit shall include that part of the unit which boundaries are as follows: 4.1 Upper and Lower Boundaries The upper and lower boundaries of the unit shall be the following boundaries extended to an intersection with the perimetrical boundaries: finished ceiling. finished floor Upper Boundary shall be the horizontal plane of the undecorated, Lower Boundary shall be the horizontal plane of the undecorated, 4.2 Perimetrical Boundaries The perimetrical boundaries of the unit shall be the vertical plane of the undecorated and/or unfinished inner surfaces of the walls bounding the unit, extended to intersections with each other and with the upper and lower boundaries. 4.3 Boundaries - Further defined The boundaries of the unit shall not include all of those spaces and improvements lying within the undecorated and/or unfinished inner surfaces of the perimeter walls and those surfaces above the undecorated finished ceilings of each unit, and those surfaces below the undecorated finished floor of each unit, and further, shall not include those spaces and improvements lying within the undecorated and/or unfinished inner surfaces of all interior bearing walls and/or bearing partitions and further, shall exclude all pipes, ducts, wires, conduits and other utilities running through any interior wall or partition for the furnishing of utility services to other units and/or for common elements. In those units where attic storage access is provided, a unit owner may use the crawl space for storage at the unit owner s risk. Any damage caused to the unit or common elements by using this storage area shall be the singular expense of the unit owner. 4.4 Lanais A unit shall include, as indicated on the Drawings, a lanai. The boundaries of the lanai shall be as follows: All lower and perimetrical boundaries shall be the same as set forth above; however, should a perimetrical boundary be railing, then the unit shall not include the railing and the boundary shall be the perimetrical boundary of the finished floor of the lanai. Maintenance, repair and replacement of the lanai is governed in Article 10 hereof. Each lanai is a part of the unit which it abuts and is for the exclusive use of the owners of the abutting unit, provided, however, no unit owner shall paint or otherwise decorate or change the appearance of any portion of the Condominium Property visible from the exterior, from any 6

7 vantage point, except when approved by the Board of Directors as provided elsewhere herein. 5. OWNERSHIP 5.1 Type of Ownership Ownership of each condominium parcel may be in fee simple or in any other estate in real property recognized by law and subject to this Declaration. 5.2 Association Membership The owners of record of the units shall be members of the Association. There shall be one (1) membership for each unit, and if there is more than one (1) record owner per unit, then they shall agree amongst themselves as to Association voting. Voting rights will be as set forth in the By-Laws. 5.3 Unit Owner s Rights The owner of a unit is entitled to the exclusive possession of his unit. He shall be entitled to use the common elements in accordance with the purposes for which they are intended, but no such use shall hinder or encroach upon the lawful rights of owners of other units. There shall be a joint use of the common elements, and a joint mutual easement for that purpose is hereby created. 6. COMMON ELEMENTS 6.1 The Common Elements include the land in Article 1.4 hereof, except to the extent same is designated Association Property, and all other parts of Eagle Cay Condominium which are not within the above described units. 7. RESTRAINT UPON SEPARATION AND PARTITION OF COMMON ELEMENTS The fee title of each condominium parcel shall include both the condominium unit and an undivided interest in the common elements; said undivided interest in the common elements is deemed to be conveyed or encumbered with its respective condominium unit, even though the description in the instrument of conveyance may refer only to the fee title to the 7

8 condominium unit. The share in the common elements appurtenant to a unit cannot be conveyed or encumbered except together with the unit. Any attempt to separate and/or any action to partition the fee title to a condominium unit from the undivided interest in the common elements appurtenant to each unit shall be null and void. 8. UNDIVIDED SHARES IN THE COMMON ELEMENTS AND SHARE IN THE COMMON EXPENSES AND COMMON SURPLUS APPURTENANT TO RESIDENCE 8.1 Common Element Ownership Each unit in the Condominium shall have as an appurtenance thereto a 1/126th undivided ownership share in the common elements. 8.2 Common Expense and Surplus The common expenses shall be borne by the condominium unit owners, and the said unit owners shall share in the common surplus on a 1/126th basis. 9. CONDOMINIUM ASSOCIATION 9.1 Articles of Incorporation The Association responsible for the operation of this Condominium is EAGLE CAY CONDOMINIUM ASSOCIATION, INC., a Florida corporation, not-for-profit. The Association shall have all the powers, rights and duties set forth in this Declaration, the Articles of Incorporation, the By-Laws and the Rules and Regulations enacted pursuant to such By-Laws. The Association is sometimes herein referred to as the Condominium Association, the Association or the Corporation. The Articles of Incorporation of the Association referred to as Exhibit 1 are set forth in O.R. book 2168, Pages , and are incorporated herein by reference as if included herein. Amendments to the Articles of Incorporation shall be valid when adopted in accordance with their provisions, recorded in the Collier County Public Records, and filed with the Secretary of State or as otherwise required by Chapter 617, Florida Statutes, as amended from time to time. No amendment to the Articles shall, however, change any condominium parcel nor the share of common elements, common expenses or common surplus attributable to a parcel nor the voting rights appurtenant to a parcel unless the record owner or owners thereof and all record owners of liens upon such parcel or parcels shall join in the execution of such amendment. 9.2 Membership 8

9 Every owner of a condominium unit is bound to and hereby agrees that he shall accept membership in the Condominium Association described in this Article and does hereby agree to be bound by this Declaration, the By-Laws of the Condominium Association and the Rules and Regulations enacted pursuant thereto and the provisions and requirements of the Condominium Act and of the lawful amendments to all of the foregoing. Membership is automatic upon acquisition of ownership of a condominium unit and recordation of a deed or other instrument evidencing the transaction in the public records of Collier County. Membership in the Association may not be transferred apart and separate from a transfer of the ownership of the unit. Memberships shall likewise automatically terminate upon sale or transfer of the unit and recordation of the deed or other instrument transferring title to the unit, whether voluntary or involuntary. 9.3 Ownership Subject to Restrictions of Record The owner of every condominium unit shall accept ownership of said unit subject to restrictions, easements, reservations, conditions and limitations now of record and affecting the land and improvements constituting the Condominium Property. shall be Membership Vote The total number of membership votes for the Condominium Association 9.5 Common Surplus Any common surplus of the Association shall be owned by each of the unit owners in the same proportion as their percentage liability for common expenses. 9.6 By-Laws The By-Laws of the Association shall be the By- Laws of the Association, which are attached hereto as Exhibit 2" and made a part of this Declaration by reference. Said By-Laws may be amended as provided therein. 9.7 Limitation Upon Liability of Association Notwithstanding the duty 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 maintained and repaired by the Association or caused by the elements or other owners or persons. 9.8 Membership 9

10 The record owners of all units in this condominium shall be members of the Association, and no other persons or entities shall be entitled to membership. Membership shall be established by acquisition of ownership of fee title or fee interest in a condominium parcel in said condominium, whether by conveyance, devise, judicial decree or otherwise, subject to the provisions of this Declaration and by the recordation among the public records of Collier County, Florida, of the deed or other instrument establishing the acquisition and designating the parcel affected thereby and the delivery to the Association of a true copy of such recorded deed or other instrument designated in such deed or other instrument. The new owner shall thereupon become a member of the Association, and the membership of the prior owner as to the parcel designated shall be terminated. 9.9 Voting The Board of Directors may suspend voting rights to a member/unit due to non-payment of any monetary obligation due the Association which is more than ninety (90) days delinquent. On all matters as to which the membership shall be entitled to vote, there shall be only one (1) vote for each unit. 10. MAINTENANCE, ALTERATIONS AND IMPROVEMENTS Responsibility for the maintenance of the condominium property and restrictions upon its alterations and improvements shall be as follows: 10.1 Association Maintenance. The maintenance, repair and replacement of all common elements (except as set forth to the contrary herein) and Association property shall be performed by the Association, and the cost is a common expense. Association maintenance shall include, but not be limited to, painting, roofing and maintaining portions of the condominium property exposed to the elements, but shall not include maintenance of screen frames or screening, lanai enclosures, or other portions of the condominium property which exclusively service or benefit a particular unit, provided however that villa courtyard enclosures (wood privacy fences) and the stairways at the rear of the villas are an Association maintenance, repair and replacement responsibility. The Association s maintenance responsibility includes, without limitation, all electrical conduits, rough plumbing, and other installations located within a unit but serving another unit or located outside the unit for the furnishing of utilities to more than one unit or the common elements, but does not include interior wall switches or receptacles, plumbing fixtures, or other electrical, plumbing or mechanical installations located within the unit and serving only that unit Unit Owner Maintenance. Each unit owner is responsible, at his own 10

11 expense, for all maintenance, repairs, and replacements of his own unit except as provided elsewhere herein, whether ordinary or extraordinary, including, without limitation, maintenance, repair and replacement of screens (including hardware and framing), windows and window glass (including sliding glass doors and other glass partitions and the structural components thereof); also unit service door, excepting that the Association will paint these named doors when it is painting the building exterior (but not at other times); and all other doors and the structural components thereof (including hardware) within the unit; the electrical, mechanical and plumbing fixtures and outlets (including connections) ; appliances; all portions of the heating and air conditioning equipment and utility installations in connection therewith servicing a single unit (no matter where located); carpeting and other floor covering (including lanai areas); door and window hardware, locks, appliances, other facilities or fixtures located or contained entirely within his own unit which serve only his own unit; and all other interior walls (including interior walls which form a part of the outer side of the building). The Association shall be responsible for repair of all casualty loss but may authorize a unit owner to undertake such repair. Unit owners are responsible for the cost of repairs for all casualty loss for which they are required to carry insurance. However, any insurance proceeds paid to the Association with respect to any loss or damage within the unit which is covered by the Association s casualty insurance, and which loss would otherwise be borne by the unit owner, shall be paid to the unit owner, after the work has been completed and invoices have been submitted verifying the costs of repair. The unit owner shall also have the following responsibilities: To obtain the prior approval of the Board before performing any maintenance responsibilities which requires change or alterations to the physical appearance of the condominium property, removal or modification of any interior partitions, 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: Use of licensed and insured contractors; Oversight by the Association or its agent; Submission of plans (sealed by an engineer or architect if deemed necessary by the Board) as to the scope of the contemplated repair; Restrictions as to hours of work; Imposition of time limits in which jobs must be completed; Equipment that may be parked or stored on or near the 11

12 condominium property during construction; Storage of materials and supplies necessary for the construction to be performed. Nothing shall preclude the Association from acting as the owner s 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 Lanai Maintenance. With regard to lanais, the unit owner who has the right to the exclusive use of said lanai shall be responsible for the maintenance, care and preservation of the floor coverings, the screens and frames, and storm shutters and other enclosures, as well as fixed and/or sliding glass doors in portions of the entrance way, 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 structural concrete, ceilings and exterior portions, and also the building walls enclosed by the lanais, provided that painting and regular maintenance (nonstructural) of building walls enclosed by screened lanais shall be done by the unit owners, subject to the uniformity of appearance and other criteria set forth in these condominium documents Lanai Alterations. The appearance of lanais, villa courtyards, and like areas, including screens and frames, hardware, storm shutters, 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 Directors. There shall be no enclosure of screened lanais with glass, glass enclosed structures, or otherwise without the prior approval of the Board of Directors. The Board may regulate permissible lanai floor coverings and may require the removal of floor coverings, if necessary, for the preservation of the structural integrity of the building Decorations and Personal Property. 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 Maintenance, Repair and Replacement of Alterations. If a unit owner makes any modifications, installations, or additions to the interior or exterior of the unit, common elements, or limited common elements, the unit owner shall be financially responsible for the insurance, maintenance, care, and preservation of the modifications, installations or 12

13 additions and shall execute such documents as the Association may promulgate accepting said financial responsibility Alterations by Unit Owners. No screen door, hurricane shutter, patio enclosure, or other alteration to the condominium property visible from the exterior of the buildings, whether to the unit, limited common elements or common elements shall be made without securing the prior written approval of the Board of Directors of the Association. All requests for approval shall be submitted to the Board in writing. The plans shall contain sufficient detail for the Board to determine that the plans meet the criteria adopted by the Board regarding the installation in question. The Board of Directors may adopt additional regulations to implement the terms of this provision and shall not be required to record such additional regulations in the public records in order for same to be effective. The regulations adopted by the Board shall take into account uniformity of appearance, quality of construction, objections from other property owners, and such other criteria as the Board may deem relevant from time to time. The responsibility for maintenance, repair, replacement and (to the extent lawful) insurance of approved unit owner installations shall be the responsibility of the requesting unit owner, his heirs, successors and assigns Material Alterations and Substantial Additions to the Common Elements. There shall be no material alteration or substantial addition to the common elements without prior approval by not less than two-thirds (2/3) of the members of the Association present (in person or by proxy) and voting at a duly noticed meeting of the Association or by written agreement of two-thirds (2/3) of the voting interests, if the cost of said alteration or addition shall be a common expense which exceeds in cumulative expenditure for the calendar year Five Percent (5%) of the Association s budget, including reserves Land Acquisition. Land acquired by the Association may be added to the land submitted to condominium ownership hereby. This may be done by an amendment to this Declaration that includes the description of the acquired land and submits the said land to condominium ownership under the terms of this Declaration. The amendment shall be executed by the Association and adopted by the unit owners in the manner elsewhere required. Such amendment, when recorded in the public records of Collier County, Florida, shall divest the Association of title to the land and shall state that it conveys all interest of the Association to and vests the title in the unit owners, without naming them and without further conveyance, in the same undivided shares as the undivided shares in the common elements appurtenant to the units owned by them Land Not Incorporated. Any land acquired by the Association that 13

14 is not incorporated by amendment of this Declaration to the land submitted to condominium ownership hereby may be sold or mortgaged or otherwise disposed of by the Association after approval in writing by the record unit owners of not less than seventy-five percent (75%) of the interest in the common elements. This approval shall be evidenced by a certificate stating that the approval was duly given, which certificate shall be executed by the officers of the Association with the formalities of a deed and delivered to a purchaser or mortgagee of such land Personal Property. Any personal property acquired by the Association may be purchased, sold or mortgaged or otherwise disposed of by the Board of Directors by majority vote Negligence. Damage Caused by Condition of Unit. Each unit owner shall be liable to the Association for the expenses of any maintenance, repair or replacement of common elements, Association property, or maintenance of such portions of the unit as are the responsibility of the Association, made necessary by his act or negligence, or by that of any member of his family or his or their guests, employees, agents, or lessees. If any condition, defect or malfunction existing within a unit, whether caused by the owner s negligence or otherwise, shall cause damage to the common elements or to other units, the owner of the offending unit shall be liable to the person or entity responsible for repairing the damaged areas for all costs of repair or replacement. If one or more of the units involved is not occupied at the time the damage is discovered, the Association may enter the unit without prior notice to the owner and take reasonable action to mitigate damage or prevent its spread at the unit owner s expense. The Association may, but is not obligated to, repair the damage with the prior consent of the owner. Unit owners are required to shut off all water valves when they will be absent from their units as provided in the Rules and Regulations Designation of Certain Limited Common Elements. Whenever in this Declaration the responsibility for maintenance or repair is imposed upon a unit owner or unit owners as opposed to the Condominium Association for any portion of the Condominium Property, its improvement, equipments, fixtures or personalty, which is not part of a unit or contained within a unit, but nevertheless in natural usage has its use restricted to or for the benefit of one or more units but less than all the units, then such portion of the Condominium Proper, its improvements, equipments, fixtures or personalty is decided to be and is a limited common element. By way of example and not of limitation, an air conditioning compressor servicing a unit but located outside the unit and upon a portion of the Condominium Property which would be considered a common element shall be considered a limited common element when elsewhere in this Declaration the obligation for its maintenance or repair is imposed upon the unit owner rather than the Condominium Association. Similarly, the electrical wiring servicing a unit, which wiring extends from the fuse box of the unit inward, shall be considered a limited common 14

15 element, even though the wires are physically located at one or more points outside the unit boundaries, when elsewhere in this Declaration the obligation for their maintenance or repair is imposed upon the unit owner rather than the Condominium Association. The provisions of this Paragraph are not to be interpreted nor construed to restrict, limit or modify the designation of any other limited common elements in this Declaration so designated ENFORCEMENT OF MAINTENANCE. If, after reasonable notice, the owner of a unit fails to maintain, repair or replace portions of the unit or other portions of the condominium property as required above, the Association shall have the right to enter the owner s unit, institute legal proceedings at law or in equity to enforce compliance, or take any and all other lawful actions to remedy such violation, including entering the unit and performing the maintenance, repair or replacement functions, in which event the unit owner shall be charged for the costs of such activities by the Association, which shall be a charge against the unit as in the case of any other assessment. 11. USE RESTRICTIONS The use of the property of the condominium shall be in accordance with the following provisions: 11.1 Units The total number of owners (owners defined as owners of legal or beneficial interest in a unit, their spouse, and children) in residence shall not exceed four (4) persons in a two-bedroom unit and six (6) persons in a three-bedroom unit. The total number of owners in residence and their families or guests shall not exceed six (6) persons in a two-bedroom unit and eight (8) persons in a three-bedroom unit. The residence of these family members or guests visiting owners shall be granted for a period not to exceed fourteen (14) days. Arrival and departure must be registered with the on-site manager. The families of unit owners in residence may be allowed to reside as non-paying guests in other owners units, who need not be in residence, for a period not to exceed fourteen (14) days. The total number of residents when the owners are absent shall not exceed four (4) persons in a two-bedroom unit and six (6) persons in a three-bedroom unit No unit may be divided or subdivided into a smaller unit nor any portion thereof sold or otherwise transferred without first amending this Declaration to show the changes in the units to be affected thereby Nothing shall be hung displayed or placed on the exterior walls, doors or windows of the units or the buildings without the prior written consent of the Board of Directors, except as follows: 15

16 (a) The American Flag is an exception and may be hung outside a unit. It must be displayed properly and removed in inclement weather. A religious object not to exceed three (3) inches wide, six (6) inches high and five (5) inches deep may also be attached to the mantel or frame of the door to a unit, subject to Board approval of the attachment to be used. (b) Common element walkways allow ingress and egress from individual units. These walkways shall not be obstructed in order to allow safe passage in all situations. However: 1. Owners of interior units may place easily moveable patio chairs or tables on common walkways. Furniture shall be removed from the walkways when unattended. 2. Owners of interior units may place small window decor, planters, and/or small statuary outside unit doors. No railing planters are allowed. 3. Owner of 01 and 06 end units may place patio furniture on front walkway/lanais. Proper egress for emergencies shall be maintained. 4. Owners of 01 and 06 end units may place small wall decor, planters, and/or small statuary on walkway/lanais. No railing planters are permitted. 5. Other than items detailed in (b) (3) & (4), there shall be no storage of personal property, including barbeque grills, on end unit walkways/lanais. 6. No personal property of ANY description shall be permitted to be stored on common element walkways when owners or renters are not in residence for one week or more. Further, all such items must be removed at any time adverse weather threatens. 7. Unit owners shall repair and paint exterior walls when wall decor is permanently removed. 8. Should there be any written complaints concerning the placement, quantity, appropriateness, size and/or type of patio furniture, planters, or wall decor in use at a specific unit, the Board shall investigate and take necessary action. It may approve or disapprove the use or placement of personal property after considering its effect on the appearance and integrity of the building and other factors deemed relevant. (c) Owners of end units 01 and 06 units may install hard surface floor coverings on the front walkway/lanais in a color and style which shall be approved by the Board of Directors. No installation shall be made without specific written application to the Board and specific written permission from the Board. The application shall include a covenant which states that it is the unit owner s responsibility to maintain such installation. The Board reserves the right 16

17 to constantly evaluate and re-evaluate such alterations, both from an aesthetic standpoint and the integrity of the condominium buildings No clotheslines or similar devices shall be allowed on any part of the condominium property, without the written consent of the Board of Directors No owner shall make, allow or cause to be made, any structural addition or alteration of his unit or the common elements or limited common elements, without the prior written consent of the Board of Directors, as provided elsewhere herein, except as otherwise authorized The Board of Directors may promulgate reasonable rules and regulations regarding the registration of relatives, tenants, guests and owners who have been away. No unit may be occupied solely by a minor or minors Each unit owned by a corporation may be occupied only by persons approved by the Association in writing, and such approval shall be granted to carry out the use of the unit for residential purposes Each unit shall be used only for residential purposes and shall not be used for any business or commercial purposes whatsoever No owner or occupant of a unit shall install wiring or electrical or telephone installation, nor install any type of television antenna or dish, machine, or air conditioning unit except as authorized in writing by the Board of Directors Unoccupied units shall be left safe and secure. Negligence may result in damage to other units with resultant costs being charged to the offending owner as stated in the Declaration, Article these restrictions: The use of units shall be consistent with the existing laws, and (a) Unit premises shall not be used in any manner which would create a disturbance, emit loud noise, cause or contribute to unsightliness, or in any way be injurious to the reputation of Eagle Cay Condominium and its property. (b) No garments, rugs, towels or any other such items may be hung from windows, or placed on railing or other portions of a unit. Nothing may be shaken or dusted from windows or walkways. Rugs may not be washed on walkways Common Elements and Limited Common Elements 17

18 The common elements and limited common elements shall be used only for the purpose for which they are intended Nuisances No nuisances shall be allowed on the condominium property, nor any use or practice which is the source of annoyance to residents or which interferes with the peaceful possession and proper residential use of the property by its residents. All parts of the property shall be kept in a clean and sanitary condition, and no rubbish, refuse or garbage shall be allowed to accumulate or any fire hazard allowed to exist. No unit owner shall permit any use of his unit or of the common elements which will increase the rate of insurance upon the condominium property Lawful Use No immoral, improper, offensive or unlawful use shall be made of the condominium property or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed. The responsibility of meeting the requirements of governmental bodies which require maintenance, modification or repair of the condominium property shall be the same as the responsibility of the maintenance and repair of the property concerned Signs No signs shall be displayed from a unit or on common elements except such signs as shall have advance written approval by the Board Rules and Regulations Reasonable rules and regulations concerning the use, transfer, occupancy, maintenance and appearance of the condominium property and membership rights in the Association may be made and amended from time to time by the Board of Directors. Copies of such regulations and amendments thereto shall be furnished by the Association to all unit owners and residents of the condominium upon request. A copy of the current Rules and Regulations is attached hereto as Exhibit 3. Future amendments, deletions or additions to the Rules and Regulations need not be recorded in the Public Records and may be adopted by the Board from time to time. 12. MAINTENANCE OF COMMUNITY INTERESTS 18

19 In order to maintain a community of congenial residents who are financially responsible and thus protect the value of the units, the transfer of units by any owner shall be subject to the following provisions so long as the condominium exists and the condominium building in useful condition exists upon the land, which provisions each unit owner covenants to observe: 12.1 Transfer Subject to Approval Sale. No unit owner may dispose of a unit or any interest therein therein by sale without approval of the Board, except to another unit owner Lease. No unit owner may dispose of a unit or any interest therein by lease without approval of the Board except to a unit owner. No unit may be rented for a period of less than thirty (30) days nor more than once in any thirty (30) day period. Lease or rental of a unit is defined as any occupancy in the absence of the unit owner, except occupancy of a unit by family members of another unit owner for which no consideration is paid and the term is under fifteen (15) days Gift. If any unit owner shall acquire his title by gift, the continuance of his ownership of his unit shall be subject to the approval of the Association Devise or Inheritance. If any unit owner shall acquire his title by devise or inheritance, the continuance of his ownership of his unit shall be subject to the approval of the Association Other Transfers. If any unit owner shall acquire his title by any manner not heretofore considered in the foregoing subsections, the continuance of his ownership of his unit shall be subject to the approval of the Association Approval by Association Notice to Association Sale. A unit owner intending to accept a bona fide offer of sale of his unit, or any interest therein, shall give the Association notice of such intention, together with the name and address of the intended purchaser and such other information concerning the intended purchaser as the Association may reasonably require. (A bona fide offer is defined as an offer in writing binding upon the offeror and containing all the pertinent terms of such sale or lease and accompanied by an earnest money deposit in an amount equal to ten per cent (10%) of the purchase price if such offer is an offer to purchase a unit.) Such notice at the unit owner s option may include a demand by the unit owner that the Association furnish a 19

20 purchaser, if the proposed purchaser is not approved; and if such demand is made, the notice shall be accompanied by an executed copy of the proposed contract to sell Lease. A unit owner intending to accept a bona fide offer to lease his unit or any interest therein shall give to the Association notice of such intention, together with the name and address of the intended lessee and other such information as the Association may reasonably require and an executed copy of the proposed lease Gift, Devise, Inheritance, Other Transfers. A unit owner who has obtained his title by gift, devise or inheritance, or by any other manner not heretofore considered, shall give to the Association notice of the acquiring of his title, together with such information concerning the unit owner as the Association may reasonably require and a certified copy of the instrument evidencing the owner s title Certificate of Approval Sale. If the proposed transaction is a sale, then within thirty (30) days after receipt of such notice and the information, the Association must either approve or disapprove the transaction. If approved, the approval shall be stated in a certificate executed by the Association s representative Lease. If the proposed transaction is a lease, then within fifteen (15) 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 Association s representative. In addition to any other ground, a proposed lease may be disapproved if the assessments against the unit are not paid current Gift, Devise, Inheritance, Other Transfer. If the unit owner giving notice has acquired his title by gift, devise, inheritance or in 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 or other duly authorized individual, in recordable form, and shall be delivered to the unit owner and shall be recorded in the public records of Collier County, Florida, at the expense of the unit owner Approval of Corporate Owner or Purchaser. Inasmuch as the condominium may be used only for residential purposes and a corporation cannot occupy a unit for such use, if the unit owner or purchaser is a corporation, the approval of ownership by the corporation shall be conditioned upon requiring that all persons occupying the unit be also approved by the Association Disapproval by the Association 20

21 If the Association shall disapprove a transfer of ownership of a unit, the matter shall be disposed of in the following manner: Sale. If the proposed transaction is a sale and if the notice of sale given by the unit owner shall so demand, then within ten (10) days after receipt of such notice and information, the Association shall deliver or mail by certified mail to the unit owner an agreement to purchase by a purchaser approved by the Association who will purchase, and to whom the unit owner must sell the unit upon the following terms: At the option of the purchaser to 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 determined by an appraisal by a licensed, local appraiser selected by the purchaser and the seller, each selecting an appraiser and the appraisers selecting the appraiser to prepare the appraisal. Expense of the appraisal shall be paid by the purchaser. Purchaser and seller shall select an appraiser and notify each other in writing of the other selection within twenty (20) days of the certified mail notice to owner under of the identity of the selected appraiser. The appraisers shall select the appraiser to conduct the appraisal within thirty (30) days of the certified mail notice in , and the appraisal shall be conducted as soon as possible The purchase price shall be paid in cash The sale shall be closed within thirty (30) days after the delivery or mailing of said agreement to purchase, or within thirty (30) days after the determination of the sale price, if such is by arbitration, whichever is the later A certificate of the Association executed by its President (or a Vice President or other duly authorized individual), having the corporate seal affixed, and approving the purchaser shall be recorded in the public records of Collier County, Florida, at the expense of the purchaser If the Association shall fail to provide a purchaser upon the 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 or default, the proposed transactions shall be deemed to have been approved, and the Association shall furnish a certificate of approval as elsewhere provided, which shall be recorded in the public records of Collier County, Florida, at the expense of the purchaser Lease. If the proposed transaction is a lease, the unit owner shall be advised of the disapproval in writing, and the lease shall not be made Gifts, Devise, Inheritance, Other Transfers. If the unit owner 21

22 giving notice has acquired his title by gift, devise or inheritance, or in any other manner not heretofore considered, then within ten (10) 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 by the Association or a purchaser approved by the Association who will purchase and to whom the unit owner must sell the unit upon the following terms: The sale price 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 or by appraisal under the provisions in The purchase price shall be paid in cash The sale shall be closed within thirty (30) days following the determination of the sale price A certificate of the Association executed by its President (or a Vice President or other duly authorized individual), having its corporate seal affixed, approving the purchaser shall be recorded in the public records of Collier County, Florida, at the expense of the purchaser If the Association shall fail to provide a purchaser as herein required, or if a purchaser furnished by the Association shall default in his agreement to purchase, then notwithstanding the disapproval or default, such ownership shall be deemed to have been approved, and the Association shall furnish a certificate of approval as elsewhere provided, which shall be recorded in the public records of Collier County, Florida, at the expense of the unit owner Mortgage A unit owner may not mortgage his unit, nor any interest therein, without the approval of the Association, except to an institutional mortgagee, as hereinbefore defined. The approval of any other mortgagee may be obtained upon conditions determined by the Board of Directors of the Association, and said approval shall be, if granted, prepared in recordable form, executed by the President and Secretary of the Association. When a unit owner sells his unit and takes back a purchase money mortgage, the approval of the Association shall not be required. Association approval shall not be required for FHA, VA and USDA mortgages or those held by any entity of the United States Government Exceptions 22