DECLARATION OF CONDOMINIUM FOR ON THE SEAS DOCK CONDOMINIUM

Transcription

1 PREPARED BY AND TO BE RETURNED TO: Robert S. Freedman, Esquire CARLTON FIELDS, P.A W. Boy Scout Boulevard, Suite 1000 Tampa, Florida (813) DECLARATION OF CONDOMINIUM FOR ON THE SEAS DOCK CONDOMINIUM Table of Contents SECTION 1: INTRODUCTION AND SUBMISSION...1 SECTION 2: DEFINITIONS...1 SECTION 3: DESCRIPTION OF CONDOMINIUM, PRESENT AND FUTURE PHASES...5 SECTION 4: RESTRAINT UPON SEPARATION AND PARTITION OF COMMON ELEMENTS...10 SECTION 5: OWNERSHIP OF COMMON ELEMENTS AND COMMON SURPLUS AND SHARE OF COMMON EXPENSES; VOTING RIGHTS...10 SECTION 6: AMENDMENTS...11 SECTION 7: MAINTENANCE AND REPAIRS...12 SECTION 8: ADDITIONS, ALTERATIONS OR IMPROVEMENTS BY THE ASSOCIATION...13 SECTION 9: ADDITIONS, ALTERATIONS OR IMPROVEMENTS BY UNIT OWNER...13 SECTION 10: ADDITIONS, ALTERATIONS OR IMPROVEMENTS BY DEVELOPER...14 SECTION 11: OPERATION OF THE CONDOMINIUM BY THE ASSOCIATION; POWERS AND DUTIES...15 SECTION 12: MANAGEMENT AGREEMENT...18 SECTION 13: DETERMINATION OF ASSESSMENTS...19 SECTION 14: COLLECTION OF ASSESSMENTS...20 SECTION 15: INSURANCE...22 SECTION 16: RECONSTRUCTION OR REPAIR AFTER FIRE OR OTHER CASUALTY...25 SECTION 17: CONDEMNATION...27 SECTION 18: USE RESTRICTIONS...30 SECTION 19: SELLING, LEASING AND MORTGAGING OF UNITS...35 SECTION 20: COMPLIANCE AND DEFAULT...36 SECTION 21: TERMINATION OF CONDOMINIUM...37 SECTION 22: ADDITIONAL RIGHTS OF MORTGAGEES AND OTHERS...37 SECTION 23: DISCLAIMER OF WARRANTIES...38 SECTION 24: MEDIATION AND ARBITRATION...39 SECTION 25: ADDITIONAL PROVISIONS...39 TPA#

2 ON THE SEAS DOCK CONDOMINIUM, LLC, a Florida limited liability company, hereby declares as follows: Section 1: Introduction and Submission 1.1 The Land. The Developer owns the fee title to certain land located in County (the County ), Florida, as more particularly described in Exhibit No. 1 hereto (the Property ). 1.2 Submission Statement. The Developer hereby submits (a) the Property together with all improvements from time to time existing, erected or to be installed thereon, and (b) those easements declared and/or granted pursuant to that certain recorded in Official Records Book, Page, public records of the County ( Declaration and Grant of Easements ) [THIS IS AN EASEMENT FOR INGRESS AND EGRESS TO AND FROM THE DOCK CONDOMINIUM PROPERTY AND PUBLIC ROADWAYS], to the condominium form of ownership and use in the manner provided for in the Florida Condominium Act as it exists on the date hereof, subject to the reservations, easements and restrictions of record. 1.3 Property Subject to Certain Restrictions and Easements. The Condominium Property (as defined hereinafter) is subject to the covenants, conditions, restrictions, easements and reserved rights of the Developer contained in this Declaration. The Condominium Property is also subject to: (a) the Declaration and Grant of Easements; (b) [LIST OTHER INSTRUMENTS OF TITLE]; and (c) such other easements as shown on the Condominium Plat, as contained in any future amendments to this Declaration, or as declared by the Developer pursuant to reserved rights contained herein. 1.4 Name. The name by which this condominium is to be identified is ON THE SEAS DOCK CONDOMINIUM (the Condominium ). Section 2: Definitions For purposes of this Declaration and the exhibits attached hereto, the following terms shall have the respective meanings ascribed to them in this Section, except where the context clearly indicates a different meaning or a specific limited meaning is detailed: 2.1 Act or Condominium Act or Florida Condominium Act means the Florida Condominium Act (Chapter 718, Florida Statutes) as it exists on the date of recordation. 2.2 Articles or Articles of Incorporation means the Articles of Incorporation of the Association, as amended from time to time. A copy of a certified copy of the original Articles of Incorporation are attached hereto as Exhibit No Assessment means a share of the funds required for the payment of Common Expenses as provided in this Declaration and which from time to time is assessed against the Boat Unit Owner. 2.4 Association or Condominium Association means ON THE SEAS DOCK CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation, the sole entity responsible for the operation of the Condominium. Where utilized herein or in the exhibits attached hereto, the term Corporation shall be deemed to be synonymous with the term Association. 2.5 Association Property means the property, real and personal, in which title or ownership is vested in, or which is dedicated on a recorded plat or leased to, the Association for the use and benefit of its members. 2.6 Board of Directors or Board means the board of directors of the Association. TPA# Page 1 of 42

3 2.7 Boat Lifts mean, collectively, those boat lifts, if any, that Developer may from time to time install for the use of a particular Boat Unit Owner and those boat lifts, if any, that Boat Unit Owners, subject to compliance with all Boat Lift Specifications and maintenance rules adopted by the Association, from time to time may install in the locations designated by, and only with the advance written approval of, the Association. 2.8 Boat Lift Specifications means those specifications for Boat Lifts as to type, manner of installation, quality and appearance as adopted and amended by the Association from time to time. 2.9 Boat Unit or Condominium Unit is that portion of the Condominium Property which is subject to exclusive ownership, excluding the submerged land, and herein refers to each of the separate and identified Boat Units delineated in the Condominium Plot Plan. The physical boundaries of each Boat Unit are as delineated in the Condominium Plot Plan aforedescribed and are as more particularly described in Section 3.2 of this Declaration. The term Boat Unit is often used synonymously herein with Condominium Parcel when meaning the sum total of an Owner s ownership interest in the Condominium. Each "Boat Unit" constitutes a "Unit" as such term is defined in Florida Statute (27). Notwithstanding any other provision of this Declaration or the Condominium Documents, Vessels shall not be considered part of any Boat Unit Boat Unit Owner or Owner of a Boat Unit or Owner means the record owner of legal title to a Condominium Parcel By-Laws mean the By-Laws of the Association, as amended from time to time. A copy of the original By-Laws is attached hereto as Exhibit No Common Elements mean and include: (a) the portions of the Condominium Property which are not included within the Boat Units; (b) easements over, under, across, and through Boat Units for conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility and other services to the Boat Units and the Common Elements; (c) an easement of support in every portion of a Boat Unit which contributes to the support of other Boat Units, other improvements on the Condominium Property, the Common Elements or the Limited Common Elements; (d) the property and installations required for the furnishing of utilities and other services to more than one Boat Unit or to the Common Elements; (e) the submerged lands within the Condominium Property; (f) bulkheads, piers, pilings and rock rip rap; (g) easements for bulkheads, piers, and pilings through and across Boat Units; (h) easements for encroachments by the bulkheads, piers, docks, or Boat Units, caused by settlement or movement of such improvements or by minor inaccuracies in building or rebuilding which may now exist or hereafter exist, and such easements shall continue until such encroachments no longer exist; and (i) any other parts of the Condominium Property designated as Common Elements pursuant to this Declaration or the Act Common Expenses mean all expenses incurred by the Association to accomplish its duties as contemplated by this Declaration and the Act which shall be assessed or imposed against Boat Units in the Condominium by the Association as authorized by the Act. For all purposes of this Declaration, Common Expenses shall include (a) all reserves required by the Act or otherwise established by the Association, regardless of when reserve funds are expended, (b) the cost of water service and sewer service (if any) to the Boat Units, if not separately metered for each Boat Unit, or any bulk metered or bulk calculated utility services rendered to the Condominium Property; (c) the cost to maintain, repair, replace, operate and insure the facilities of the dockmaster (if any); (d) all costs and expenses of maintaining and dredging the waterways of the Condominium Property; and (e) all costs and expenses of maintaining, repairing and replacing the rock rip rap within the Condominium Property Common Surplus means the excess of all receipts of the Association collected on behalf of the Association, including, but not limited to, Assessments, rents, profits and revenues on account of the Common Elements, over and above the amount of Common Expenses Condominium Parcel means a Boat Unit together with the undivided share in the Common Elements and the Common Surplus which is appurtenant to said Boat Unit. TPA# Page 2 of 42

4 2.16 Condominium Plot Plan means the condominium drawings required by Section of the Act as amended from time to time. A copy of the Condominium Plot Plan is attached to this Declaration as Exhibit No. 1 and made a part hereof Condominium Property means the real and personal property (including the Property), both tangible and intangible, subject to condominium ownership, whether or not contiguous, and all improvements thereon, which have been submitted to condominium ownership under this Declaration, subject to the limitations thereof and exclusions therefrom County means County, State of Florida Declaration or Declaration of Condominium means this instrument, as it may be amended from time to time FDEP means the State of Florida Department of Environmental Protection FDEP Permits means, as same may be now or hereafter amended or replaced. The Association agrees to cooperate with the Developer from time to time upon request, without cost or expense to the Association, in any further modifications and/or amendments of the FDEP Permits Developer means On the Seas Dock Condominium, a Florida limited liability company and its successors and such of its assigns as to which its rights hereunder are assigned by written instrument recorded in the public records of the County. Such assignment may be made on an exclusive or non-exclusive basis and may be an assignment of all or only portions of its rights of Developer hereunder; provided, however, that no such assignment shall make any assignee the Developer for purposes hereof unless such assignment is an assignment of all of Developer s rights hereunder and is exclusive, except as to any previously assigned rights Development Order means collectively the finalized site development plan approvals issued by the County and as may be amended from time to time, as issued for the Condominium Property Dock Boxes means those dock boxes, if any, that Boat Unit Owners, subject to compliance with all Dock Box Specifications and maintenance rules adopted by the Association from time to time, may install upon the Marina docks in the locations designated by the Association Dock Box Specifications means those specifications for Dock Boxes as to size, type, shape, quality and appearance as adopted and amended by the Association from time to time District means the Water Management District Institutional First Mortgagee means a bank, savings and loan association, insurance company, credit union, real estate or mortgage investment trust, pension fund, an agency of the United States Government, mortgage banker, the Federal National Mortgage Association ( FNMA ), the Federal Home Loan Mortgage Corporation ( FHLMC ) or any other lender generally recognized as an institutional lender, or the Developer, holding a first mortgage on a Boat Unit or Boat Units. A Majority of Institutional First Mortgagees shall mean and refer to Institutional First Mortgagee(s) of Boat Units with regard to at least 51% of the voting interests which are appurtenant to Boat Units subject to mortgages held by Institutional First Mortgagees Guest means any person other than the Boat Unit Owner and his family who utilizes, on a temporary basis at the invitation of the Boat Unit Owner without the payment of consideration, a Vessel moored in a Boat Unit or traveling within the Property during ingress or egress to and from a Boat Unit. TPA# Page 3 of 42

5 2.29 Lease means the grant by a Boat Unit Owner of a temporary right of use of a Boat Unit Lessee means a person or persons, entity or entities, who are the lessees under a Lease of any Boat Unit. All such leased property is referred to as the Leased Premises. Lessees shall not be Members of the Association, but shall, through the Boat Unit Owner, be entitled to certain rights and undertake certain obligations with respect to the Boat Unit. Such rights and obligations are appurtenant to Lessee s interest in the Lease Limited Common Elements means those Common Elements that are reserved for the use of a certain Boat Unit or Boat Units to the exclusion of the other Boat Units, including, without limitation, those portions of the Condominium Property consisting of the pilings, cleats and electric pedestals (excluding the light fixtures located on the power pedestals which are Common Elements maintained by the Association), which property is reserved for the exclusive benefit and use of a specific Boat Unit Owner or Boat Unit Owners, as set forth in this Declaration, as shown on the Condominium Plot Plan, or as otherwise established by Developer or the Association, the cost of maintenance of which shall be a Common Expense. Limited Common Elements shall also include those portions of the water comprising Common Elements in which a Vessel may extend, pursuant to Section 18.4, when moored. Reference in this Declaration to Common Elements shall also include all Limited Common Elements unless the context would otherwise require Management Agreement means and refers to an agreement between the Association and the Management Firm, which provides for the operation and administration of the Condominium and the management of the Condominium Property. The initial Management Agreement is attached to this Declaration as Exhibit No Management Firm means and refers to Sentry Management, Inc., a Florida corporation, and its successors and assigns, or any person or entity contracted by the Association to perform management functions for and on behalf of the Association. The Management Firm shall be responsible for the management services as provided in the Management Agreement Primary Institutional First Mortgagee means the Institutional First Mortgagee which owns, at the relevant time, Boat Unit mortgages securing a greater aggregate indebtedness than is owed to any other Institutional First Mortgagee Marina means all of the Property made subject to this Declaration and the Marina amenities and facilities that are intended for the use and enjoyment of some or all of the Boat Unit Owners Rules and Regulations means those certain rules and regulations promulgated by the Board of Directors from time to time pertaining to use of the Condominium Property. The initial Rules and Regulations constitute Exhibit No. 4 attached hereto and made a part hereof. Any amendments or modifications to the Rules and Regulations subsequent to the recording of this Declaration need not be recorded in the public records of the County, but shall be maintained in the official records of the Association Vessel means and refers to any Boat Unit Owner s leisure or recreational motor boat, sailboat, yacht or other water craft which is self-propelled, in a seaworthy condition; provided, however, that this term shall exclude any houseboat, floating home, house-like barge, seaplane, jet skis, wet bikes, wave-runners, non-displacement (i.e., air cushion) or commercial marine vessels. In the event of any dispute as to whether a particular vessel or boat is permitted to be kept in a Boat Unit or otherwise operated within the Condominium Property, the determination of a majority of the Board of Directors made in its sole discretion shall be dispositive. The term Vessel shall include all vessels kept in a Boat Unit or otherwise operated within the Property. TPA# Page 4 of 42