TABLE OF CONTENTS DECLARATION OF CONDOMINIUM THE PELICAN, A CONDOMINIUM

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1 TABLE OF CONTENTS DECLARATION OF CONDOMINIUM OF THE PELICAN, A CONDOMINIUM Paragraph Title Page 1. Submission to Ownership 2 2. Name 2 3. Development 2 4. Units 3 5. Definitions 3 6. The Condominium Act 4 7. Ownership of Common Elements 4 8. Operation of Association 4 9. Common Expenses; Liabilities; Lien and 4 Priorities; Interest and Collection 10. Easements Membership in Association Annual Budget and Collection of Assessments Use Restrictions Conveyances Obligations of Members Enforcement of Maintenance Insurance Reconstruction or Repair After Casualty Compliance and Default Termination Severability Interpretation Exhibits Amendments 18 Declaration Master Rev E copy.doc Page 1 of 18 6/26/15

2 AMENDMENT TO AND RESTATEMENT OF DECLARATION OF CONDOMINIUM OF THE PELICAN A CONDOMINIUM NEW SMYRNA BEACH, FLORIDA 1. SUBMISSION TO OWNERSHIP. THE PELICAN OF NEW SMYRNA BEACH, INC., a non-profit Florida corporation of New Smyrna Beach, Florida, does hereby pursuant to Chapter 718, Florida Statutes , known as The Condominium Act, amend and restate it s Declaration of Condominium first recorded in Official Record Book 1709 at Page 1359 and as later amended and restated, to the land and improvements situated, lying and being in the County of Volusia, State of Florida, being more particularly described in Exhibit A attached. 2. NAME. The name by which this condominium is known and identified is THE PELICAN, a Condominium, and its address is 2401 South Atlantic Avenue, New Smyrna Beach, Florida, DEVELOPMENT. The condominium was developed according to the following plans: 3.1 A survey of the land developed is attached as Exhibit B. 3.2 The condominium includes buildings each consisting of a ground floor and five additional floors, making a total of six floors. The building contains one hundred forty-three (143) forty-four (144) owner units and one corporation owned manager s unit. Each of the units have been numbered differently and those numbers are shown on the site plans. According to the site plans, the units have been divided into five groups, Groups A, B, C, D, and E. Group A contains twelve (12) one bedroom units, twelve (12) two bedroom units and twelve (12) three bedroom units. The one bedroom units in Group A are numbered (from the ground upward) A101 through A601 and A106 through A606. The three bedroom units are numbered (from the ground upward) A102 through A602 and A105 through A605. The two bedroom units in Group A are different in design from the two bedroom units contained in the other groups within the building. They are designed with a separate T.V. room. The two bedroom units within Group A are numbered (from the ground upward) A103 through A603 and A104 through A604. There are thirtysix two bedroom units in Group B. They are numbered (from the ground upward) B101 through B601; B102 through B602; B103 through B603; B104 through B604; B105 through B605 and B106 trough B606. Within Group C there are thirty-six two bedroom units numbered (from the ground upward) C101 through C601; C102 through C602; C103 through C603; C104 through C604; C105 through C605 and C106 through C606. In Group D there are eighteen units. Each two stories with two bedrooms. The units in Group D are numbered (chronologically) D101 through D106; D201 through D206; and D301 through D306. Group E likewise, contains eighteen units. They are numbered (chronologically) E101 through E106; E201 through E206 and E301 through E306. Also constructed on the premises, and subject to regulation by the Association, is a manager s building, paved automobile parking areas, walkways, sidewalks, elevators, pools, shuffleboard, and general landscaping. 3.3 A survey of the land subject to this condominium, together with such site plans and floor plans as are necessary to graphically describe the improvements in which units are located and identify each unit by number and the common elements and their respective locations and approximate dimensions are recorded in Map Book 33, Pages Public Records of Volusia County, Florida, and incorporated herein. The condominium units shall be known and numbered as described in said Map Book at the aforementioned pages. Declaration Master Rev E copy.doc Page 2 of 18 6/26/15

3 4. UNITS. 4.1 TYPICAL UNIT PLANS. There are four typical unit floor plans. The floor plan for the one bedroom and three bedroom units located in Group A is attached hereto as Exhibit C-1. The floor plan for the two bedroom units located in Group A is attached as Exhibit C-2. The floor plan for the two bedroom units located in Groups B and C is attached hereto as Exhibit C-3. The floor plan for the units located in Groups D and E is attached hereto as Exhibit C UNIT BOUNDARIES. Each unit shall include that part of the building containing the unit that lies within the boundaries of the unit, which boundaries are described with particularity in Exhibit B attached and substantially as follows: A. Upper and lower boundaries. The upper and lower boundaries of each unit shall be the following boundaries extended to an intersection with the perimetrical boundaries: 1. Upper boundary the horizontal plane of the undecorated finished ceiling. 2. Lower boundary the horizontal plane of the undecorated finished floor. B. Perimetrical boundaries. The perimetrical boundaries of each unit shall be the vertical planes of the undecorated finished interior of the walls bounding each unit extended to the intersections with each other and with the lower and upper boundaries and shall include windows and doors. 4.3 LOT A. That which is not contained within the boundaries of the units shall be known as Lot A, and shall be considered as common elements, or as limited common elements where so designated in this Declaration of Condominium. 5. DEFINITIONS. All terms used in this Declaration of Condominium and its exhibits shall have the meanings stated in The Condominium Act (Section Florida Statutes ) and as follows unless the context otherwise requires: 5.1 ASSOCIATION means THE PELICAN OF NEW SMYRNA BEACH, INC., a non-profit corporation and it s successors. 5.2 UNIT means apartment or unit as defined by the Condominium Act; to-wit; the part of the condominium property subject to private ownership. 5.3 OWNER means unit owner as defined by The Condominium Act; to-wit; the owner of a condominium unit. 5.4 COMMON ELEMENTS shall include the tangible personal property required for the maintenance and operation of the condominium even though owned by the Association, as well as the items and real property and improvements stated in The Condominium Act. 5.5 LIMITED COMMON ELEMENTS where there is attached to the building a balcony, loggia, terrace, canopy, stairway or other portion of the building serving only the unit being bounded such appurtenance, including fixtures thereon, shall be considered limited common elements. 5.6 COMMON EXPENSES INCLUDE: (1) Expenses of administration; expenses of maintenance, operation, repair or replacement of the common elements, and of the portions of units to be maintained by the Association. Declaration Master Rev E copy.doc Page 3 of 18 6/26/15

4 (2) Expenses declared by provisions of this Declaration of Condominium or the By-laws. (3) Any valid charge against the Condominium property as a whole. (4) Charges for utility services except such services as are metered separately to each unit. 5.7 CONDOMINIUM means all of the condominium property as a whole when the context so permits, as well as the meaning stated in The Condominium Act. 5.8 SINGULAR, PLURAL, GENDER, whenever the context so permits, the use of the plural shall include the singular, the singular shall include the plural, and the use of any gender shall be deemed to include all genders. 5.9 UTILITY SERVICES as used in The Condominium Act and as construed with reference to this condominium, and as used in the Declaration of Condominium and By-laws, shall include but not be limited to electric power, gas, hot and cold water, garbage and sewage disposal and cable-television apparatus. Notwithstanding this definition, the Association is under no obligation to provide said utility services unless expressly provided for in the Condominium documents, the Statutes or by an act of the Board. 6. THE CONDOMINIUM ACT. Chapter 718, Florida Statutes , is incorporated herein by reference, and all provisions thereof shall apply to this condominium. 7. OWNERSHIP OF COMMON ELEMENTS. The undivided share owned by each owner in the common elements appurtenant to each unit, the fraction of sharing common expenses and the distribution of common surplus shall be as provided in Exhibit D, attached hereto. 8. OPERATION OF ASSOCIATION. The operation of the condominium shall be vested in The Pelican of New Smyrna Beach, Inc. THE PELICAN OF NEW SMYRNA BEACH, INC., a non-profit Florida corporation. The amended and restated Articles of Incorporation are attached as Exhibit E and said Articles and all subsequent amendments thereto are incorporated herein by reference. The amended and restated By-laws of said corporation are attached hereto as Exhibit F and are incorporated herein by reference. The operation of the condominium shall be governed by the amended and restated Articles of Incorporation, the amended and restated By-laws and the amended and restated Rules and Regulations. The Board of Directors shall have the power to acquire title to real property for the benefit of the Association with prior approval of a majority of the unit owners. 9. COMMON EXPENSES; LIABILITIES; LIEN AND PRIORITIES; INTEREST AND COLLECTION. A unit s owner, regardless of how title is acquired, shall be liable for his/her share of all common expenses coming due while he/she is the owner of the unit. In a voluntary conveyance, the grantor shall be jointly and severally liable with the grantee for the unit s share of unpaid common expenses up to the time of such voluntary conveyance. 9.1 The liability for common expenses may not be avoided by waiver of the use or enjoyment of any common elements, or by abandonment of the unit. 9.2 A unit s share of the common expenses and installments, thereon, not paid within fifteen (15) days of due date, shall bear a uniform monthly charge until paid, as previously determined by the Board of Directors. 9.3 The Association shall have a lien on each condominium parcel for the unit share of any unpaid common expenses, and interest or other delinquency charges thereon, against the owner of such condominium parcel until paid. Such lien shall also include reasonable attorney fees incurred by the Association incident to the collection of Declaration Master Rev E copy.doc Page 4 of 18 6/26/15

5 such common expenses or enforcement of such lien. Such lien shall be executed in and recorded in the Public Records of Volusia County, Florida, in the manner provided by law, but such lien shall be subordinate to the lien of any mortgage or other liens recorded prior to the date of recording of the claim of lien by the Association. 9.4 Liens for the a units share of common expenses may be foreclosed by suit brought in the name of the Association in a like manner as a foreclosure of mortgage on real property as more fully set forth in Chapter 718, Florida Statutes EASEMENTS Owners of units shall have as an appurtenance thereto a perpetual easement for ingress and egress to and from their units over stairs, terraces, balconies, elevators, walks and other common elements. 11. MEMBERSHIP IN ASSOCIATION THE PELICAN OF NEW SMYRNA BEACH, INC., a non-profit Florida corporation, is chartered to perform the acts and duties desirable for apartment house condominium management for units and common elements, and to levy and enforce the collection of assessments necessary to perform acts and duties as aforesaid All unit owners shall automatically be members of the Association and said membership shall terminate when they no longer own said units Where a unit is owned by more than one owner, such owners shall collectively be entitled to one vote in accordance with voting privileges set forth in the By-laws of THE PELICAN OF NEW SMYRNA BEACH, INC The share of an owner in the funds and assets of the Association cannot be assigned, hypothecated or transferred in any manner except as appurtenant to his unit. 12. ANNUAL BUDGET AND COLLECTION OF ASSESSMENTS The Board of Directors of the Association shall approve an annual budget in advance for each fiscal year, which budget shall project anticipated income and estimated common expenses. In reference to such budget, the Board shall make and collect assessments against unit owners pursuant to this Declaration of Condominium, and the Articles of Incorporation and the By-laws of the Association The estimated common expenses shall be assessed against each unit in accordance with the formula heretofore set forth in Paragraph 7 above. One-twelfth of the amount assessed against each unit shall be payable on the first day of each month. In addition, the Association has the power to levy special assessments in accordance with Exhibit D against each unit if a deficit should develop in the treasury for the payment of common expenses Assessments and installations on them which are not paid when due may bear interest, from the due date until paid, at a rate determined by the Board. This rate shall not exceed 18 percent per year. In addition, the Association may charge an administrative late fee, as determined by the Board, in addition to such interest, in an amount not to exceed the greater of $25 or 5 percent of each installment of the assessment for each delinquent installment that the payment is late. Any payment received by the Association shall be first applied to any interest accrued by the Association, then to any administrative late fee, then to any costs and reasonable attorney s fees incurred in collection, and then to the delinquent assessment. Declaration Master Rev E copy.doc Page 5 of 18 6/26/15

6 13. USE RESTRICTIONS. The use of the property of the condominium shall be in accordance with the following provisions as long as the condominium exists and the unit buildings in useful condition exist upon the land Single family residences. The condominium property shall be used only for single family residences and for the furnishing of services and facilities herein provided for the enjoyment of such residences. Each of the units for which provision is made by the condominium documents shall be occupied only by a single family as its residence and for no other purpose Nuisances. No nuisances shall be allowed upon the condominium property which interfere with the peaceful possession and proper 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 allowed to accumulate, nor any fire hazard allowed to exist Lawful Use. No immoral, improper, offensive or unlawful use shall be made of the condominium property, nor any part thereof, and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed. The responsibility for meeting the requirements of governmental bodies which require maintenance, modification or repair of the condominium property shall be the same as the responsibility for the maintenance and repair of the property concerned Leasing. Entire units may be rented provided the occupancy is only by the lessee and his family, his servants and guests. However, leasing shall not occur until approval is obtained from the Association, as required by the provisions of the section of this Declaration of Condominium entitled Conveyances. Consistent with subparagraph 14.1 of this document, a lease for a term of not more than ten (10) months out of any consecutive twelve (12) months shall not be considered a lease necessary for approval by the Association. When a unit is leased, a tenant shall have all use rights in the Association property and those common elements otherwise readily available for use generally by all unit owners and the unit owner shall not have such rights except as a guest, unless such rights are waived in writing by the tenant. However, this stipulation shall not interfere with access rights of the unit owner as a landlord pursuant to chapter 83 of the Florida Statutes. The Association shall have the right to adopt rules to prohibit dual usage by a unit owner and a tenant of the Association property and common elements otherwise readily available for general use by unit owners. Notwithstanding the provisions of this section, tenants that lease a unit may not keep pets on the property or in the unit at any time. Notwithstanding any other provisions to the contrary in the condominium documents, a voluntary rental program may be operated on-site, subject to the continuing approval of the Board of Directors of the Association. The Association may rent part of the common elements to permit the on-site operation of a rental program. Alternatively, the Association, at the discretion of the Board of Directors, may operate the program itself. Expenses associated with the program shall be paid out of operating revenue generated from the program, but any initial or extraordinary expenses requiring the use of Association monies shall be a common expense pursuant to Section (1), Florida Statutes, Drapes/Windows/Doors. Drapes, curtains, venetian blinds and other window coverings which are visible from outside each unit shall be white or off-white in color. The purpose for this restriction is to ensure that the building presents a uniform appearance form the outside. Window films, if installed by owners, may not be purple or violet in color, and must conform in color and appearance to standards adopted by the Board, or if none are adopted, then to window film which has been previously installed in other units of the condominium. All exterior metal windows and sliding door frames shall be of black or bronze color on the outside Regulations. Reasonable Rules and Regulations concerning the use of condominium property may be made and amended from time to time by the Board of Directors of the Association in the manner provided by its Articles of Incorporation and By-laws. Copies of such regulations and amendments shall be furnished by the condominium upon request. The Board of Directors may impose, after notice and hearing as provided by law, a fine Declaration Master Rev E copy.doc Page 6 of 18 6/26/15

7 equal to the maximum provided for by statute, in the event that owners, residents or guests occupants, lessees or invitees violate the provisions of the Declaration of Condominium, By-laws, Articles of Incorporation or the Rules and Regulations enacted by the Board or the Association Storm Shutters. Shutters must be white accordion or white roll-down. If roll-down shutters are installed, they must be installed as close to the sliding glass door as possible. Shutters that are already installed will be grandfathered. Notwithstanding anything contained in this Declaration to the contrary, each Unit within the Condominium Property must have hurricane shutters, in compliance with applicable building codes, covering all exposed glass, including sliding doors and windows, that face North, Northeast, East, South and Southeast, with the exception of those doors and windows located on the ground floor. Alternatively, owners of units in the D and E buildings may install impact glass, in compliance with applicable building codes, in lieu of shutters, for the North and South facing windows. Shutters covering the sliding doors in the D and E buildings are still required above the ground floor. The hurricane shutters or impact glass installed shall be consistent with the guidelines and specifications as may be made and amended from time to time by the Board of Directors. The cost of installing, maintaining, repairing, replacing and operating the hurricane shutters or impact glass shall be the responsibility of each Unit Owner. All hurricane shutters or impact glass installed must be maintained, repaired and replaced by the Unit Owner, as appropriate, so as to be in good working order at all times. Any Unit Owner who fails to install approved hurricane shutters or impact glass within or who fails to properly maintain, repair or replace hurricane shutters or impact glass as required herein, shall be deemed to authorize the Association, after reasonable written notice from the Association, to perform any necessary installation, maintenance, repair or replacement of the hurricane shutters or impact glass with respect to such Unit, which shall be done at the expense of the Unit Owner and which shall be secured by a lien against the Unit enforceable in the same manner as the lien for any other assessment levied by the Association, which lien shall also secure interest, costs and attorneys fees. The Association shall have the authority to schedule and conduct inspections of the hurricane shutters or impact glass on all Units on an annual basis or at such times as the Board determines such inspections to be necessary and proper in order to protect the interests of the Association and insure that all shutters or impact glass are functioning properly. The Association may operate shutters in the individual units, without the owners permission if such operation is deemed necessary to protect the condominium property or the Association property Tiles and Coverings on Balconies and Patios. No owner may install or cause to be installed any tile or other covering on the surfaces of balconies or patios, and no owner may in any manner alter the surface of balconies or patios from that provided by Association construction, repair or maintenance projects. Failure to so comply is presumed to result in damage to the impermeable membrane underlying the surface, permitting intrusion of salt and water into the surface, resulting in deterioration of reinforcement steel bars. Owners in violation are strictly liable for the cost of repair to common elements and limited common elements so damaged Balcony Lights. Owners shall only install balcony lights which conform strictly with those lights provided by the Association Electrical/Electronic Devices. No electrical or electronic device which interferes with television, radio or remote telephone reception of owners and guests is permitted. 14. CONVEYANCES. In order to assure a community of congenial residents who are financially responsible and thus protect the value of the units, transfer, sale, or leasing of units by an owner shall be subject to the following provisions. Declaration Master Rev E copy.doc Page 7 of 18 6/26/15

8 14.1 Transfer, Sale or Lease. No unit owner may dispose of a unit or any interest in a unit by transfer, sale, or by lease without approval of the Association, except where the disposition is to his or her spouse or another member of the Association. For the purposes of Section 14 of this Declaration, a lease to an occupant or intended occupant for a term of not more than ten (10) months out of any consecutive twelve (12) months shall not be considered a lease necessary for approval by the Association. However, a lease for not more than ten (10) months which shall contain options allowing occupant to renew for more than one or more terms, which if exercised would permit occupancy over a period greater than ten (10) months out of any consecutive twelve (12) months shall require Association approval Inheritance. If any unit owner should acquire his title by gift, devise, inheritance or in any manner not heretofore considered, his ownership shall be subject to the approval of the Association; provided, however, the provisions of this sub-paragraph and all of Section 14 shall not apply to transfer to or a purchase by any mortgagee, which acquires title as a result of owning a first mortgage upon the unit concerned, and this shall be so whether the title be acquired by a deed from the mortgagor or through foreclosure proceedings; and, provided further, the provisions of this sub-paragraph and Section 14 shall not apply to any mortgagee which obtained its title as a result of owning a first mortgage on the unit concerned and after obtaining title hereby seeks to lease or sell the unit Notice to Directors. A units owner intending to make a disposition of his property as defined in paragraph 14.1 and 14.2 hereinabove and for which approval is required, shall give notice to the Directors of such intention, together with the name and address of the intended purchaser or lessee, the terms of the proposed transaction, and such other information as the Directors may reasonably require. If the purchaser or lessee is a corporation, the approval may be conditioned upon the approval of all the intended occupants of the unit. A unit s owner acquiring title by gift, devise, or any other manner, shall within fifteen days of such acquisition notify the Board, in writing, of the acquisition and furnish such information concerning the unit s owner as the Board of Directors requires Failure to Give Notice to Directors. If notice required hereby is not furnished according to the provisions of this section, then, the Board, at any time after learning of the transfer or acquisition ownership, shall either approve or disapprove the transfer or acquisition Approval by Directors. The approval or disapproval, if required, of a transaction shall be rendered by the Board within forty-five (45) days of the receipt of this notice and shall be rendered in written, recordable form. It is mandatory that the approval be recorded in the Public Records of Volusia County if the transaction be other than a lease Disapproval by Directors. If the Board shall disapprove a transfer or ownership of a unit, the matter shall be disposed of in the following manner: (1) If the proposed transaction is a sale and if the notice of sale given by the units owner shall so demand, then within forty-five (45) days after receipt of such notice, and information, the Association shall deliver or mail by registered mail to the units owner, an agreement to purchase the unit concerned by a purchaser approved by the Association who will purchase and to whom the units owner must sell the unit upon the following terms: a. At the option of the purchaser approved by the Association, the price to be paid shall be that stated in the disapproved contract to sell or shall be the fair market value determined by arbitration in accordance with then existing rules of the American Arbitration Association, except that the arbitrators shall be two appraisers appointed by the American Arbitration Declaration Master Rev E copy.doc Page 8 of 18 6/26/15

9 Association, who shall base their determination upon an average of their appraisals of the unit; and a judgment of specific performance of the sale 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, provided, however, that if there is an already existing institutional mortgage covering the subject unit; then the purchaser, if acceptable to the institutional mortgagee, may assume the institutional mortgage and pay cash to the seller for the latter s equity. c. The sale shall be closed within thirty (30) days after the delivery or mailing of the agreement to purchase, or within ten (10) days after determination of the sales price, if such is by arbitration, which ever is the latter. d. A certificate of the Association executed by its President and Secretary, approving the purchaser shall be recorded in the Public Records of Volusia County, Florida, at the expense of the purchaser. e. If the Association shall fail to provide a purchaser upon the demand of the units 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 by the Association and the Association shall furnish a certificate of approval as elsewhere provided, which shall be recorded in the Public Records of Volusia County, Florida, at the expense of the purchaser, or the units owner as the case may be. (2) If the transaction be a lease, the units owner shall be advised in writing of the disapproval and the lease shall not be made. (3) If the Association disapproves the acquisition of title by gift, devise or inheritance, the Association shall dispose of the matter in the same manner as a proposed sale except that the purchase price shall be at fair market value determined by arbitration. 15. OBLIGATIONS OF MEMBERS. In addition to other obligations and duties heretofore set out in this Declaration of Condominium, every units owner shall: 15.1 Promptly pay the assessments levied by the Association. Payments for monthly assessments, special assessments, maintenance services and other payments of a distinct and separate nature must be paid with separate checks, including such payments for separate units owned by a single individual or entity Maintain in good condition and repair his/her unit and all interior surfaces within or surrounding his/her unit (such as the surfaces of the walls, ceilings, floors) whether or not part of the unit or common elements, and maintain and repair the fixtures therein and pay for any utilities which are separately metered to his/her unit. In compliance with state and local law and the provisions of our insurance policy, professional contractors who are insured and licensed by the State of Florida must perform all major repairs, renovations or installations. All contractors must register with the office and show proof of license and insurance. Proper permits, if required, must be obtained and posted and all work must be performed in accordance with applicable state and local codes and ordinances and engineering specifications unique to the construction of THE PELICAN Not use or permit the use of the unit for any purpose other than as a single family residence and maintain the unit in a clean and sanitary manner. Declaration Master Rev E copy.doc Page 9 of 18 6/26/15

10 15.4 Keep not more than one pet of the size, breed, or type allowed by the Rules and Regulations from time to time promulgated by the Board provided the pet belongs to the owner and the owner is in residence. Current owners who presently have 2 pets may keep them until attrition eliminates one of them, at which time the second pet may not be replaced. If, however, in the opinion of a majority of the Board a particular pet regardless of size, breed or type, constitutes a nuisance, then the owner when so notified in writing shall be required to immediately remove said pet from premises Keep not more than two (2) household pets in his or her unit (regardless of the number of joint owners) with a total combined weight of not more than eighty (80) pounds at maturity, provided said pet is not kept, bred, or maintained for any commercial purpose and does not become a nuisance or annoyance to neighbors. Household Pets is defined to mean cats and dogs; provided that, nothing contained herein shall prohibit the keeping of fish in an aquarium or hamsters/gerbils or a bird in a cage, in addition to household pets as defined, as long as they do not become a source of annoyance. Notwithstanding the foregoing, no Unit Owner may keep in or on the Condominium Property any dangerous breed dogs, as determined by the Board of Directors of the Association. Unit Owners must pick up all solid wastes of their pets and dispose of such waste appropriately. All pets, including cats, must be leashed at all times when outside the Unit. Pets may not be permanently kept in a Common Element or in a Limited Common Element. Other than fish in an aquarium or hamsters/gerbils or a bird in a cage, no reptiles or wildlife shall be kept in or on the Condominium Property (including Units). Any Unit Owner duly authorized to keep a pet, who keeps any pet upon any portion of the properties shall be deemed to have indemnified and agreed to hold the Association and each owner, free and harmless from any loss, claim or liability of any kind or character of whatever nature arising by the keeping or maintaining of such pet within the Property. All pets shall be registered and inoculated as required by law and any Rules and Regulations that may be adopted by the Association. The restrictions of this section shall not apply to a domestic pet trained to assist a sight or hearing impaired unit owner or occupant, such a seeing-eye dog, provided the owner of such pet registers the same with the Board, and furnishes reasonable evidence of the existence of the handicap or the impairment of the pet owner, and the training and certification of the pet. Without limiting the generality of Section 19 hereof, violation of the provisions of this Subsection shall entitle the Association to all of its rights and remedies, including, but not limited to, the right to fine Unit Owners (as provided in any applicable rules and regulations) and/or to require, through order of the Board, any pet to be permanently removed from the Condominium Property. No one other than a Unit Owner is permitted to keep any pet Not permit or suffer anything to be kept in his/her unit which will increase the insurance rates on his/her unit or the common elements Conform to and abide by the By-laws and the uniform Rules and Regulations in regards to the use of the unit and common elements which may be adopted in writing from time to time by the Board and to see that all persons using owner s property by, through or under him do likewise Allow the Board or the agents and employees of the Association to enter any unit for the purpose of maintenance, inspection, repair or replacement of the improvements within units or the common elements, or in case of emergency threatening other units to or the common elements, or to determine compliance with these restrictions, reservations, covenants, conditions and easements and By-laws of the corporation Show no sign, advertisement or notice of any type on the common elements of his/her unit or in the windows or doors and erect no exterior antennas and or aerials except as provided in the uniform Rules and Regulations promulgated by the Association. Declaration Master Rev E copy.doc Page 10 of 18 6/26/15

11 15.9 Pay for and be responsible for repairs to compressors, electrical switches, lines and plumbing and electrical repairs within his/her unit. The Association shall pay for and be responsible for repairs within the common elements and only for property and installations for furnishing of the utilities and other services to more than one unit or to the common elements Not paint or otherwise decorate or change the appearance of any portion of the exterior of the unit buildings. Not withstanding this provision, small holiday or seasonal decorations are permitted on balconies and balcony railings. Decorations may not be installed more than fifteen 15) days prior to the applicable holiday or season and must be removed within fifteen (15) days after the applicable holiday or season. Decorations may not be installed in a manner that requires puncturing the skin of the building, nor the installation of tacks, nails, staples, or other fasteners into the structural components of the building, without the prior written approval of the Board of Directors, or pursuant to Rules and Regulations adopted by the Board. In the event the Board of Directors, in its sole discretion, determines any particular holiday or seasonal decoration installation to be a public or private nuisance, or a source of annoyance to residents in the Condominium, the Board may order the removal of such decorations at any time. Examples include, but are not limited to, excessively bright lights or noise, interference with pedestrian access over the common elements, fire hazards or violation of fire codes. 16. ENFORCEMENT OF MAINTENANCE. In the event the owner of a unit fails to maintain it as required above, 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 units owner (and the unit) for the necessary sums to put the improvement within the unit in good condition. After such assessment, the Association shall have the right for its employees or agents to enter the unit and do the necessary work to enforce compliance with the above provisions. 17. INSURANCE DUTY TO INSURE. The Association shall use its best efforts to obtain and maintain adequate insurance to protect the Association, the Association property, and the condominium property required to be insured by the Association pursuant to paragraph (17.3) COPY AVAILIABLE. A copy of each policy of insurance in effect shall be made available for inspection by unit owners at reasonable times COVERAGE. Every hazard policy which is issued to protect the condominium building shall provide that the word building whenever used in the policy include, but not necessarily be limited to, fixtures, installations, or additions comprising that part of the building within the unfinished interior surfaces of the perimeter walls, floors and ceilings of the individual units initially installed, or the replacements thereof of like kind or quality, in accordance with the original plans and specifications. However, the word building does not include floor coverings, wall coverings, or ceiling coverings. Anything to the contrary notwithstanding, the terms condominium property, building, improvements, insurable improvements, common elements, Association property, or any other term which defines the scope of property or casualty insurance obtained by the Association shall exclude all floor, wall and ceiling coverings, electrical fixtures, appliances, air conditioner or heating equipment, water heaters, water filters, built-in cabinets and countertops and window treatments, including curtains, drapes, blinds, hardware and similar window treatment components, or replacements of any of the foregoing which are located within the boundaries of a unit and serve only one unit and all air conditioning compressors that service only an individual unit, whether or not located within the unit boundaries, and shall exclude any other components specifically excluded by statute. With respect to the coverage provided by this Declaration Master Rev E copy.doc Page 11 of 18 6/26/15

12 paragraph, the unit owners shall be considered insureds under the policy. The Association shall obtain and maintain adequate insurance or fidelity bonding of all persons who control or disburse funds of the Association. The insurance policy or fidelity bond must cover the maximum funds that will be in the custody of the Association or its management agent at any one time. Such persons include, but are not limited to, those individuals authorized to sign checks and the President, Secretary and Treasurer of the Association. The Association shall bear the cost of such insurance or bonding OWNERS POLICIES. Every insurance policy issued to an individual unit owner should provide that the coverage afforded by such policy is excess over the amount recoverable under any other policy covering the same property without rights of subrogation against the master policy of the Association INSURANCE TRUSTEE; 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 interest may appear, and shall provide that all proceeds covering property losses shall be paid to a local financial institution in Florida with trust powers as may be designated as the Insurance Trustee by the Board of Directors of the Association, which trustee is reference to in this instrument as the Insurance Trustee. The Insurance Trustee shall not be liable for payment of premiums nor for the renewal or 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 hold the proceeds in trust for the purpose elsewhere stated in this instrument and for the benefit of the unit owners and their mortgagees, in the following shares: but 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: an undivided share in common elements appurtenant to each unit. shares: (2) UNITS. Proceeds on account of damage to units shall be held in the following undivided a. When the building is to be restored: for the owners of damaged units in proportion to the costs of repairing the damage suffered by each units owner, which cost shall be determined by the Association. b. When building is not to be restored: an undivided share for each units owner, such share being the same as the undivided share in the common elements appurtenant to each unit. (3) MORTGAGEES. In the event a mortgagee endorsement has been issued as to a unit, the share of the units owner shall be held in trust for the mortgagee and the units owner as their interests may appear; provided, however, that a mortgagee shall have the right to determine or participate in the determination as to whether or not any damaged property shall be reconstructed or repaired, and the mortgagee shall have the right to apply or have applied to the reduction of the mortgage debt any insurance proceeds payable to the units owner and mortgagee pursuant to the provisions of this Declaration DISTRIBUTION OF PROCEEDS. Proceeds of the insurance policies received by the Insurance Trustee shall be distributed to or for the benefit of the beneficial owners in the following manner: (1) EXPENSE OF THE TRUST. All expenses of the Insurance Trustee shall be paid first or provision made for such payment; Declaration Master Rev E copy.doc Page 12 of 18 6/26/15

13 (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 costs of such as elsewhere provided for in this document. Any proceeds remaining after defraying such costs shall be distributed to the beneficial owners, 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 elsewhere provided for in this document, that the damage for which proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be distributed to the beneficial owners, 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. (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 units owners and their respective shares of distribution. (5) ASSOCIATION AS AGENT. The Association is irrevocably appointed agent for each units owner and for each owner of any other interest in the condominium property to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of claims. 18. RECONSTRUCTION OR REPAIR AFTER CASUALTY 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 ELEMENT. 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) INDIVIDUAL UNITS. In the event a loss occurs to any improvement or improvements within individual units without any loss occurring to any of the improvements within the common elements and provided the mortgagee or mortgagees approve, the Insurance Trustee shall hold such funds in escrow to pay for repair and reconstruction within the individual units. The money so received shall be allotted to repairs within each unit in proportion to the loss sustained to the improvements within said unit as estimated by the Association, and in the event the insurance funds are not sufficient to effect all of the necessary repairs, the members owning interest in units containing damaged improvements shall be subject to a special assessment and shall contribute to the Association the remaining funds necessary to repair or restore the improvements within their units. (3) COMMON ELEMENTS AND UNITS COMBINED. In the event that loss occurs to the improvements within units and the contiguous common elements, provided the mortgagees agree, the Association shall promptly contract for the necessary repairs to the improvements within the common elements and within the damaged units. In such event should the insurance proceeds be insufficient to repair the improvements within the common elements and within the units, the funds shall be apportioned to repair improvements within the units and within the common elements in proportion to the loss sustained to improvements within said units and common elements as estimated by the Association. The balance of the sums necessary to complete the repairs of the damage to the common elements shall be Declaration Master Rev E copy.doc Page 13 of 18 6/26/15

14 secured by assessments against all of the owners of the units. The balance of the funds necessary to complete the repairs within the individual units shall be secured by a special assessment against the individual members owning interest in units containing damaged improvements in an amount necessary to repair and restore the improvements within their respective individual units. (4) FAILURE OF MORTGAGEES TO AGREE. If under sub-paragraphs (2) and (3) above, all of the mortgagees do not agree, the Insurance Trustee shall disburse the funds as follows: a. Individual shares. The insurance proceeds shall be divided into individual shares. One share allocable to the damage to the common elements in proportion to the ratio that the loss to the common elements bears to the entire loss, this share to be retained by the Insurance Trustee. One share then shall be allotted to each damaged unit in proportion to the ratio that the loss to the unit bears to the entire loss. All proportions of loss sustained to be estimated by the Association. The share allotted to each damaged unit shall be payable jointly to the units owners and any mortgagee as they may appear. The Association then shall go ahead with the repair of the common elements and the damaged units. If the sum allotted to the repair of the common elements is not sufficient for said repair, all of the owners of the units shall be assessed for the balance of the funds needed for improvements to the common elements. The owners of the individual units shall be assessed individually for the full amount of the sums necessary to complete the repairs within their respective individual units pursuant to Section 16 of this Declaration of Condominium; b. Abandonment. If there has been a loss or damage to the condominium property in excess of fifty percent (50%) of the insured value based on estimates by the insurance carrier and the insurance proceeds are inadequate to repair and reconstruct the same, and provided that the mortgagees agree and that sixty percent (60%) of the voting members vote against levying the special assessments and in favor of abandonment, the project shall be abandoned and the condominium terminated. c. Evidence of abandonment. As evidence of the members resolution to abandon, the President and the Secretary of the Association shall execute and place in the Public Records of the County an Affidavit stating that such resolution was properly passed to which a copy of consent of sixty percent (60%) of the unit owner and holders of all liens shall be affixed, and upon filing of such resolution the condominium shall be terminated. (5) 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 PLANS AND SPECIFICATIONS. Any reconstruction or repair must be substantially in accordance with the plans an specifications for the original building, or if not, then according to plans and specifications approved by the Board of Directors of the Association, and if the damaged property is the unit building, by the owners of not less than sixty percent (60%) of the common elements, including the owners of all damaged units, which approval shall not be unreasonably withheld ESTIMATES OF COSTS. Immediately after a determination is made to rebuild or repair damage to property, the Association shall obtain reliable and detailed estimates of the cost to rebuild or repair. Declaration Master Rev E copy.doc Page 14 of 18 6/26/15

15 18.4 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 assessments against unit owners shall be disbursed in payment of such costs in the following manner: (1) ASSOCIATION. If the total assessments made by the Association in order to provide funds for payment of costs of reconstruction and repair is more than $1,000,000.00, then the sums paid upon such assessment shall be deposited by the Association with the Insurance Trustee. In all other cases, the Association shall hold the sums paid upon such assessments and disburse them in payment of the costs of reconstruction and repair. (2) INSURANCE TRUSTEE. The proceeds of insurance collected on account of casualty, and the sums deposited with the Insurance Trustee by the Association from collections of assessments against unit owners on account of such casualty shall constitute a construction fund which shall be disbursed in payment of the costs of reconstruction and repair in the following manner and order: a. Association lesser damage. If the amount of the estimated costs of reconstruction and repair is less than $1,000, then 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 a 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 is more than $1,000, then the construction fund shall be disbursed in payment of such costs and in a manner required by the Insurance Trustee and upon approval of the architect qualified to practice in Florida and employed by the Association to supervise the work. c. Surplus. It shall be presumed that the first moneys disbursed in payment of cost 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 beneficial owners of the fund in the manner elsewhere stated; except, however, that the part of a distribution to a beneficial owner that is not in excess of assessments paid by such owner into the construction fund shall not be made payable to any mortgagee. d. Certificate. Not withstanding the provisions of this Declaration of Condominium, the Insurance Trustee shall not be required to determine whether or not sums paid by the unit owners upon assessments shall be deposited by the Association with the Insurance Trustee, not 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 or the amount to be paid. Instead, the Insurance Trustee may rely upon a certificate of the Association made by the President and the Secretary as to any or all 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 in the instrument to be named as the payee, the Insurance Trustee shall also name the mortgagee as a payee of any distribution of insurance proceeds to a units owner; and further provide that when the Association, or a mortgagee that is the beneficiary of an insurance policy whose proceeds are included in the construction fund, so Declaration Master Rev E copy.doc Page 15 of 18 6/26/15