Professional Documents
Culture Documents
DIÇL.4RATION OI CONDOM N I UM
OF
AlUsOR IIICIGfl'fS, A CONDOZ4TNHJM
Arbor Ileights, LLC. a l'lorida limited liability company, hereby declares:
iDjrÛ(lIlctiQn jfldubmjssjQn.
1.1 l'ho Land. rhc Develupor owns the fee title to certain land
located in PineDas
County, Ibrida, as more particularly described in Exhibit I annexed hereto (tue
1.2 Submission Sulterrji. The Developer hereby submits the Land for all
improvements erected or to be erected tItereon, ¿urid alt other property, reel,
personal or mixed, now or hereafter situated on or within the Land (but excluding
all public or private utiJity installations therein or thereon) io the condomium
form of ownership und use in the manner provided Ihr in tim Florida
Condominium Act as it exists on the date hereof.
Without limiting any of the
foregoing, no property, real, personal or mixed, not located within or upon the
Land as aforesaid shall for any purposes be docmcd itart of the Condominium
be subjt to the Jurisdiction of the Association, the operation and effect of thç nr
Florjthi Condominium Act or any rules or regulations prornulguted pursuant
thereto.
1.3 Name, 'l'he name by which this condominium is to b identified Is AR]3Olt
IIFICJI-JTS, A CONDOMINIUM (here inufter called the
2. Definition5. The following terms when used in titis l)eclarmutjon und in its exhibits, and os
it and they muy hereafter be amended, shall have the respective meanings
ascribed to
IIICt in this Section, except where the context clearly indicates a different meaning:
2.1 "Act" means the Florida Condonminium Act (Chapter 718 of' thc Florida Statutes)
as it exists on the date hereof.
2,2 "Articles" (ir "Articles of Il)corl)orathon" mean the Articles of Incorporation of
the Associntion, us amended from tjntç to time.
2.3 "Assesrnemìt" means ¿t share of the funds required for the payment of Common
Expenses which horn time to time is assessed against the Unit Owner.
2,4 "Association" or "Condominium Assocla*lon" means ARBOR I'IFLOHTS
CONDOMINIUM ASSOCIATION, INC., n Florida corporation not for pretil, lime
entity responsible t'or the operation of the Condominium.
I)evIurtjon of Condominium
Arbor 1-teigbis. i Condominium
PINLI COUNTY FI.. OFF. REC. 13K 14909 PG 1390
2.12 "CondomInium Parcel" means a Unit together- with the undivided share in the
Common Elements which is appurtenant to said Unit; and wheim the context
permits, the term includes mull other appurtenances to th Unit.
2.13 "Condominium Property" means the lanri, improvements and other property
descr-jbd in Sect!00 1.2 Imercol; subject to ¿he limitations thereof
therefi-om and exotusions
2.14 "County" means the County of Pinchas, Slate of Florida,
2. 1 5 "Declaration" or "Declaration nf Condonsiujura" means this instrument, as it
may he amended fr-orn timo Io lime.
2
Declanjtjo oF Condom i n iurmi
I Jethts. ii CondCn)Irljt,ln
INgL,LAS COUNTY FL OFF. 1EC. t31Ç 14909 BG 1391
2.16 "l)evcioper" means Arbor Heights', LLC, a Florida limited liability company, its
successors and such of' its assigns as to which the rights ol' Developer hereunder
are specifically assigned und any mortgagee which Is the successor to the interest
of the Developer, to the etent such mortgagee accepts the rghts and obligations
of the Developer. Developer may assign all or a paillon of ita rights hercunder, or
nil or a portion of such rights in connection with specific pariions of the
Condominium. In the event of any partial .ssignrnetit, the assignee shall not be
deemed the Initial Developer, but may exercise such rights of Developer as arc
specilicully assigned lo it, subject to the requirement ot' Florida law that a
subsequent developer cannot retain control of the Association unless it has'
received a qualifying ussigrnncnt of' the creating developer's' rights and
obligations. Any such assignment may he made on u non-exclusive basis.
2.17 "I)fspute" for purposes of Sç1ion 19.1, means any disagreement between two ot
more parties that involves: (a) the authority of the l3ourd, under Chapter 71 8,
Florida Statutes, or under this Declaration, the Articles or fly-Laws ta; (i) require
any Owner to take arty action, or not to take any action, involving that Owner's
Unit; or (ii) alter or arid to ¡j Cotutnon Element; or (b) the failure of the
Association, when required by law or this L)oclarulion, the Articles or By-Laws
to: (i) properly conduct elections: (ii) give adequate notice of meetings or other
actions; (iii) properly conduct meetings; or (iv) allow inspection of books and
records, "Disputo" shall not include any disagreement that primarily Involves title
to any Unit or Common lemen*s; ihe Interpretation or -enl'orcernent of any
warranty; or the levy of' a fee or Assessment or the collection of an Assessment
levied against n party.
2.1 8 "I)tvjjo" means the Division of' Florida Land Sales, Condominium and Mobile
1-Ionica of the Department of }usines's' and Professional 1egu1aUon, State of
Florida.
2, I "First Mortgagee" means any person or entity that is the bolder of' a first
mortgage lien on a Unit.
2.20 "Improvements" mean all structures and artificial changes to the natural
environment located on the Condominium Property including, but not limited to,
the Buildings.
2,21 "Jnstitutionl First Mortgagee" means a bank, savings and loan association,
insurance company, real estate or mortgage investment trust, pension fund, an
agency of the United States Government, mortgage banker, the Federal National
Mortgage Association ("FNMA"), the Federal Home Loan Mortgage Corporation
("FHLMC") or any other lender generally recognised as an institutionul lender,
or the Developer, holding a first mortgage on a Unit or Units or Condominium
Property. A "Majority of Institu*ional FIrst Mortgagees" shall mean and refer
to Institutional First Mortgagees of' Units to which ElI least fifty-one percent (51%)
of the voting interests of' Units subject to mortgages held by Inslitutional First
Morigagees are appurtenant.
222 "Limited Common Elements" mean those Common Elements the use of which
is reserved to a certain Unit or Units to the exclusion of other Units, as specified
in this Declaration, ß.eferences herein to Common Elements also shall include all
Limited Common Elements unless the context would prohibit or it is otherwise
expressly provided.
2.23 "Primary tnsfftufioual First Mortgagee" means the Institutional First
Mortgagee which owns, at the relevant time, Unit mortgages securing a greater
aggregate indebtedness than is owed to any other institutional First Mortgagee.
2.24 "Special Assessment" means arty Assessment levied against Unit owners other
than Assessments required by a budget adopted annually.
3
LecIsrsi ion of Condominium
Arbor IIeigh$s, a Condom lai jim
PINLLA COUNTY FE O1ïf. 1F.C. ßK 14909 PG 1392
2.25 "Unit" means a part of the Condominium Property which is subject to eXclusive
ownership.
2.26 "Unit Owner" or "Owner of a UnIt" or "Owrter" means the Owner of u
Condominium Parcel.
2.27 "Votitig Interest" means hie voting rights of the Association members pursuant
In the Articles und By-Laws.
3. 1)escriptjonf the Condominkun
3.1 Clentit'icatiûri of units. The Land has constructed thereon fourteen (14) Buildings
containing one hundred eighty-two (182) Units. Ihteh such Unit is identified by a
separate designation. The designation of each of such Units is set forth on
Exhibit 2 attached hereto. lxhibit 2 consiSts of u survey of the Lund, a graphic
description of the Improvements located thereon, including, but not limited io, the
BuitdIg in which the Units are located, and a pial plan thereof. Said Exhibit 2,
together with this Declaration, is sufficient in detail to identify the Common
Elements and each Unit and their relative locations and dimcnsìons, There shall
pass with a Unit as appurtenances thezeio (a) an undivided share in the Common
ilements and Common Surplus; (b) the exclusive right to use such portion of the
Limited Conunon Blements as may he provided In this Declaration; (e) an
-exclusive easement -fer the- use of the airspace occupied by the Unit as it exists at
any particular time arid us the Unit may lawfully he altered orxeconstructcd from
tinte -to time, provided thai un easement in airspace which is vacated shall be
let-minuted automatically: (d) membership in the Association with the full young
rights appurtenant thereto; and (e) other appurtenances as may be provided by this
Declaration.
32 Unii Boundaries. finch Unit shall include thai part of the fluilding containing the
Unit that lies within the following bounduvies:
(a) Lj.pr and ¡ .nwer ¡3oundaris. The upper and lower boundaries of the
Uttit shall be the following boundaries extended Io their planai
intersections with the perirnetrical boundaries:
Upper Boundaries. 'The horizontal l)tanc of' the unfinished lower
surface of the ceiling (which will be deemed to be the ceiling al'
th second story if the Unit is a two-story IJniI, provided that in
two-story Units where the lower boundary extends beyond the
upper boundary, the upper boundary shall include that portion of
the ceiling of the tower floor for which there is no corresponding
ceiling on the upper floor directly above such bottom floor
ceiling).
Lower QuJglarjes. The horizontal plaie of the unfinished tipper
surface of the floor of the Unit (which will be deemed to be the
floor of the first story it' the Unit is a two-Story Unit), provided that
in two-story Units where the upper boundary extends beyond the
lower boundary, the lower boundary shall include that portion of
the floor of the upper floor Ihr which there is no cori'esponding
floor on the bottom floor directly below the floor of such top licor.
Interior ivisiuna. Except as provided in subsections (i) end (ii)
above, no part of the floor of the top hoar, ceiling of the bottom
floor, stair-well adjoining the two floors or nonstructurui interior
wells shall be considered n boundary oh' the Unit.
(b) Perimetricuij3oundarics, The perinietrical boundaries of the Unit shall he
the vertical planes of the unfinished interior surfaces of the walls bounding
the Unii extended to their planar intersections with each other and with the
upper and lower boundaries.
4
Declaration oF Cendorniniunt
Arbor HaiIils, a Cundatni,) jam
INEj Cotiw'ry E1 QF'. REC. ax L4909 PG 1393
(e) Apertures. Where there ure apertures in any boundary, including, but no
limited to, windows, doors, bay windows and skylights, such
shall be extended tu incjde the windows, doi'5 and other lixtures boundaries
in such apertures, including all frameworks, window casings localed
stripping thereof Exterior snrfhccs made of glass or other und weather
transparent
material, and The cxterjojs of doors, all wires, conduits, duets,
vents,
concrete joists and other Stich tiicilItls serving mow than one Unit located
within any walls, including dIvldr walls, or above the nonstructural
acoustical ceiling lying below the upper boundary of the Unit, shall not be
included in the boundaries of the (Joft and skutll therefore be Common
Elements.
(d) Excapti. In ensus not specifically covered above, and/or in any case of
conflict or ambiguity, the survey of the Units set forth na Exhibit
shall control in determining the boundaries of a Unit, except that 2 hereto
provisions of Stjon 3,2(e) aboye shall control unless specifically the
depicted otherwise on such survey. The air-conditioning closets and air-
handlers and condensing units located therein shall be part of the Unit they
serve.
(e) Property Exckided from Units. A Unit shalt not be deemed to Lncld
foundations, ûIun, girders, bcait-ts supports, exterior walls, interior
load bearing walls, pfllrs, -underlying floors, essential and permanent
instuilatjos and equipment for power, lights, and exhaust Ihna,
pipes, conduits, ducts, vents and other service and utility lines und all
utilized for, serve, pass through mure then one Unit or th -which are
Elements. Common
3.3 Ljniited Corprno Elemente. tuch Unit may have, to the extent applicable and
subject to the provisions of this I)cclrtio, itS Limited Common
appurtenant thereto: Elements
(a) Patio. Balconies and j'tn-races, Any patio, balcony or terrace (and all
improvements thereto) as to which direct and exclusive access shall
afforded to any particular Unii or Units to the exclusion of others shall be
he
a Limited Common Element of such Unit(s). The Association shall be
responSible for the cost of maintcnaxce of the struettiral and mechanical
elements of any such Limited Common Elements, with the owner of the
Unit io which they are appurtenant to be responsible for the general
cleaning, plant care and the upkeep of the appearance of the area.
(h) Miscelluneous Areas.. Equipment. Any fixtures or equipment located not
within a Unit (e.g., an air conditioning compressor or hot Water heater)
serving n Unit or Units exclusively and any arca upon/within which
lixtures or equipment arc located shall be Limited Common Elementssuchof
such Unit(s).
(e) parking Spaces. Parking for the Condoniiniurn is part of the Common
Elenumta cf the Condominium on the Condominium Property. Th
parking spaces shown on It,xl.ìblt 2 of the Declaration muy be assigned to
a Unit (which assignment need not be recorded in the public records of the
County) by the Developer (for iu long as the Developer offers a Unit for
sale in ti-te Condot-ninjurn, and thereafter by the Association), whereupon
shall become Limited Common Elements of the (mit to which it it
is
assigned. Any consideration paid foi- the assignment of the parking spaces
shall belong to the Dveloper.
A Unit Owner may assign the Limited Common Element parking Space
appurtctiuit to his Unit it) another Unit by written instrument delivered to
(and to be held by) the Association; provided, however, that no Unit may
be left without one Limited Common Element parking space. Upon
5
t)cc};arSI iOfl of Condoiiiiiuiii
Arbor Heighis, a condo,niniam
PIN5I..LAS COUN'r FL OFF. REC. mc 14909 PG 1394
Restraint Upon Separation and Partition oîConrnon Rlejnents The undivided share In
the Common Elements and Common Surphi which is appurtenant to a Unit, und the
exlujye x-ight, or shared right us applicable, to use all appropriate appurtenant
Cotnnioi Ekn-ients, shall not be separated thcTe1om und shall pass with the title LjntItCLI
Unit, whether or not separately described. 'l'ha appurtenant share in the Common lo the
l-ternents and Common Surplus, and the exclusive right to use all Limited Common
Elements appurtenant to a Unit, except as elsewhere herein provided to the contrary,
esunot he conveyed or encumerad except together
in the Common Elements appurtenant to Units shall with the Unit, Thc respective shares
remain undivided, and no action for
psrtition of' the Common Elements, the Condominium Property, or any part thereof, sh1l
lic, except ¿Is provided herein with respect to termination of the Condominium.
to have agreed, for such Owner, and his heirs, personal represematèves,
suct.essors and assigns, as appropriate, IO hold the L)eveloper, the Association,
and all other Unit Owners harmless from and to indemnify theni for any liability
or damage to the Condominium Property and expenses arising Iherefrorri, and
shall be solely responsible for the maintenance, repair and insurance thereof from
arid aliar that date of installation or construction thereof as may be required by the
Association.
9.2 Acljtíons, Alterations er Irinvemnts by Developer. The foregoing restrictions
of Ibis Section 9 shall not apply to Developùr»owned Units. The Developer shall
have the additional right, without the consent or approval of the Hoard of
i)irectors or other Unit Owners, to (a) make alterations, additions or
irriprovemerits, structural tuai non-structural, interior and exterior, ordinary and
extraordinary, in, to and upon any Unit owned by it and Limited Common
llements appurtenant thereto (including, without limiition, the removal of walls,
floors, ceilings and other structural portions of the Improvements), and (b)
expand alter or add to the recreational facilities until the earlier of such time as
the I)cvcloper no longer offers Units for suie or upon transfer of Association
control,
10. n l)eyeloper_()wne UnU5. Without limiting the generality ofthc provisions of'
paragraph 9.2 above, the Developer shall have the right, wfthoutthe vote or consent of'
the Association or Unit Owners, to (i) make alterations, additions or improvements in, to
and upon Units owned by--the Developer, whether structural or nOn-structural, interior or
exterior. ordinary or extraordinary; and (ii) change the layout or number of rooms ny
Developet-owned Units; provided, however, that the perccnttge interests in the Common
i3lements and share of' the Common Surplus and Common xpenscs of any Units (other
than the al'fecicd Developer-owned Units) shall not be changed by reason thereof unless
the Owners of' stich Units shall consent thereto and, provided lia-ther, that l)eveloper shall
comply with all laws, ordinances and regulations cf all governmental authorities having
jurisdiction in so doing. In making the above alterations, additìons and itnpmvernents,
the Developer may relocate and alter Common Liernents aljUcent to or near such Units,
incorporate portions of the Common Elements into adjacent Units and incorporate Units
into adjacent Common Elements, provided that such relocation and alteration does not
materially adversely affect the market value or ordinary use of Units owned by Unit
Owners other than the Developer. Any amendments to this Declaration required by
actions takcn pursuani to this Paragraph 10 may be effected by the Developer alone,
except to the extent that any of the same constitutes a material amendment, in which
event the amendment must be approved by a majority of voting intcrests of Unii Owners.
Without limiting the generality of Section 6.4 hereoL the provisions of this Section may
not be added to, amended or deleted without the prier written consent of the Developer.
Il. Operation of the Coominiumhy,.jhc AssocIation; Powers an4 Duties,
11. i [',owerc and Duties, The Associriuion shall be the entity responsible foi' the
operation of th Condominium. The powers and duties of th Association shull
include those set forth In the By-Laws and Artiles et' Incorporation of the
Association, as amended from time to time. In addition, the Associatiofl shall
have all the powers and dut jas set forth in the Act, as well as all powers and duties
granted to or imposed upon it by this Declaration, including, without limitation:
The irrevocable right to have access to each Unit and the Limited
Common Llemcriis fron-i time to time during reasonable hours as may he
necessary for the maintenance, repair or replacement of any Common
blements therein, or at any time and by three, il' necessary, for making
emergency repairs therein necessary to prevent damage to the Common
Eleinnts or to any other Unit or Units.
The power to make and collect Assessments (including Special
Assessments) and other charges against Unit Owners and to lease,
rnaintai!, repair and replace the Coimnon hlemcnts.
12
Dectsration of Concjonitnjuì
Arbor t Ici5tils, n Condominium
5LLAs COUNDy Ft. OFF. REC. 13K 14900 ?G 140:1.
Lows shall lake precedence over applicable rutes and regulations, all as amended
from lime to time. Notwithstanding anything in this Declaration or its exhibits to
the contrury, the Assocjtjon shall al lJ times be the entity Jrnving ultimate
control over the Condominium, consistent with the Act.
11.2 Inilation Upon JikiIitpf Asocjnflon.. Notwithstanding the duty of th
Association to maintain and repair paris of the Condominium Property, the
Association shall not be liable to Unii Owners for injury or damage, other than tr
the cost of maintenance and repair, caused by any lutent condition of the
Condominium Property. Further, the AssoCiation shall not he liable for any such
injury or damage caused by defects in design or workmanship or any other reason
connected with any additions. ulterations or improvements done by or Ott behalf
of any Unit Owners regardless of whether 0V not same shall have been approved
by the Association pursuant tu Section 9.1 hereof:
11.3 ß.estgint upon Assiamnent of Shares in Asset. Tue share oEa unit Owner in the
ftuids and assets of the Association cannot be assigned, hypothecated or
lransfbrred in any manner except as an appurtenance tu his Unit.
11.4 jpprovat or I)iapprovaLofMatteza. Whenever the decision of a Unit Owner is
rcquired upon arty matter, whether or not the subject of tui Association meeting,
that decision shall he expressed by the same person who would east the vote for
that Unit if ai an Association meeting, unless the joinder of all record Owners of
the Unit is specifically required by this Declaration or by law.
11 .5 Acts of the Association. Unless the approval or action of Unit Owners, and/or a
CCrtun specific percentage of the Board of !)irectors of the Associtjon, is
specifically required in this Declaration, tito Articles of Ineurporation or I3yLaws
of the AsSoCiation, applicable rules and regulations or applicable law, all
approvals or actions required or permiticd to be given or taken by the Association
shall he given or taken by the Board of Directors, without the consent of Unit
Owners, and the Board may so approve and act through the proper officers of the
Association without a specific resolution. When an approval or action of the
Association is permitted to be given or taken hereunder or thereunder, such action
or approval may be conditioned in any manner the Association deems appropriate
or the Association may refuse to take or give such action or approval without the
necessity of establishing the reasonableness o ï such conditions or refusal.
11.6 Effect on eve1oper lithe Developer holds n Unit for sole in the ordinary course
of business, none of the following actions may be taken without the prior written
approval of the Developer:
(a) Asessmnt of the Developer us a Unii Owner for capital improvements;
(h) Any action by the Association that would he detrimental to the sales of
Units by the Developer; provkled, however, that an increase in
Asscssment for Common lixpenses without discrimination against the
Developer shall not be deemed to be detrimental to the sales ol' Units.
12. l)ctcrmination of Coumo,j. Expenses and t Ixhut 01' Asse rnens Jìtorefor. Tite Board of
Directors shall from time to time, and at least annually, preparo a budget for the
Condominium, determine the amount of Assessments payable by the Unit Owners to
meet the Common Expenses of the Condominium and allocate aoci assess such expenses
untong the Unit Owrs jo accordance with tite provisions of this Declaration and the By-
Lnvìs. The hoard of Directors shall advise all Unit Owners promptly in writing of the
amount o the ASseSsmcnls payable by each of them us determined by the Board of
t)ircctors as aforesaid and shall furnish copies of each budget, on which such Assessment
are l,nsect, io all Unit Owners (and IF requested in writing) to their respectíve mortgagees.
The Common Expenses shall include tite expenses of and reserves for (it' required by Law)
thc operation, mainleitance, repair and replacement of the Common Elements. Costs of
carrying out the powers and duties of tite Association and any other expenses designated
as Common Expenses by the Act, this Declaration, the Articles or By-Laws of the
j)ecIar(tti ot Con(toJriinium
Arbor 1 bights, s Condoniinium
PXt'5LLAS COUN'r1 EL OFW. REC. 8K 14909 G 1403
The Association has a lien on each Condominium Put-eel tbr any unpaid
Assessments on such Parcel. with interest and for reasonable attorney's fees and
costs incurred by the Association incident to the collection of the Assessment or
enforcement of the lien. The licts is effective as of the date of the recording of a
claim of lien in the Public Records of the County, stating the description of the
Condominium Parcel, the name of the record Owner, the unsount dite, th due
dates and the name and address of the Association. fhe claim of lien shall not be
released until all sums secured by it (or such other amount as to which the
Association shall agree by way of settlemeni)imve been fully paid or until it is
barred by law. The claim of lien shall secure (whether or not staLed therein) all
unpaid assessments, interest thereon, and costs und attorneys focs which are Élue
und which may accrue subsequent to the recording of' the claim of tien und prior
to the entry of a final judgment of foreclosure thercof. A claim of lien shall be
signed and acknowledged by an oflicer or agent of the Association. Upon
payment, the person making the payment is entitled to a satisfaction of time lico in
recordable lbrm. The Association may bring an action in its name to foreclose n
lien for unpaid Assessments in the manner n mortgage of roui property is
fkn-velosecl and may also bring an action at law to recover n money Judgment for
the unpaid Asse.ssments without waiving any claim of lien.
As un additional right and remedy of the AsoeinLion, upon the tiling of a claim of
heim following a default in the payment of Assessments as aforesaid, the
Asocjto may declare all Assessment installments due fòr the remainder of the
budget year in which the claim of lien was filed to be accelerated and shall
thereupon be immediately duc and payable. In the event that the amount of such
installments changes during the twelve (12) month period, the LiniE Owner or the
Association, us appropriate, shall be obligated to pay or reimburse to the other the
amount of increase or decrease within ten (IO) clays of same taking efhci.
II' army unpaid share of Common Expenses or Assessments is extinguished by
ihreclsurc of a superior lien or by deed in lieu of flrectosure thereof, the unpaid
share cmi Common Expenses or Assessments arc Common Expenses collectible
Irom all Unit Owners,
Is
l)vclnration or Cofldominium
Arbor I 1CgIfls. a Condomjiupn
PINELLAS COUNTY FL OFF. REC. ßK 145O9 PG 1404
and option, may extend the Ouarttnty Period Ihr up io four (4) additional six (6>
months periods. During the Guaxaniy Period the Developer shall be excused frOm
(he payment of ils share of the Common Expenses and Assessments attributable to
Units it ow]is, provided that the Dcvcloper shall be obligated to pay any amount
ut' Common Expenses actually incurred during such period and not produced by
Ehe Assessments due from Unit Owners other than the Developer. For purposes.
of this Section, income to the Association other iban Assessments (aii defined
herein und in the Act) shall not be taken into account when determining the
defIcits to be funded by the Developer. No funds receivable from Unit purchasers
or Owners payable to thc Association or colleçieci by the l)evcloper on behelf of
the Association, other than regular periodic Assessments for Common Expenses
as provided in this Declaration and disclosed in the Estimated Operating Budget
referred to above, shall be used for the payment uf Common Expenses prior to the
expiration of' such period. This restriction shall apply co tiinds including, but not
limited to, capital contributions or start-up funds collected from Unit purchasers ut
closing.
13.7 Certificate of Unpaid As.essrpents. Within' fifteen (15) days aller a written
request by a Unit Owner or mortgagee of n Unit, the Association shall provide a
certificate stating all Assessments and other moneys owed to the Association by
the Unit Owner with respect to his Unit, and the Association has the right to
charge a reasonable fee for such certificaie, Any person other than the Unit
Owner who relics upon such certificate shall be protected thereby.
13.8 Installments. Regular Assessments shall ho collected monthly or quarterly, in
advance, as determined by the Board of Directors.
13.9 Application of' Payments. Any payments received by the Association from a
delinquent Unit Owner shall be applied first to any interest accrued on the
delinquent installment(s) as aforesaid, then io any costs and reasonable attorneys'
fees incurred in collection and then to the delinquent and any accelerated
Assessments. The foregoing shall be applicable notwithstanding any restrictive
endorsement, designation or instruction placed un or accompanying a payment,
14. lnsgp.g. Insurance covering the Condominium Property and tue Association Property
shall be governed by the following provisions:
14.1 J'urchuse. Custody and Pymcnt.
(u) Purchase All insurance policies described herein covering portions of the
Condominium Property shall he purchased by the Association and shall be
issued by an insurance company authorized to do business in Florida.
(b) Named Insg. The named insured shall be the Association. individually,
and us agent for Owners of Units covered by the policy, without naming
thera. and as agent for their morigagees, without naming Ibero. The Unit
Owners and their mortgugees shall be deemed additional insureds.
(e) Ctody of Polie js and Payment of Procecd. All policies shall provide
that payments for losses made by the insurer shall be paid to the Insurance
i'rustoe (if appointed), and all policies and endorsements thereto shall be
deposited with the Insurance Trustee (if appointed). In the event an
Insurance 'l'rustee Is not appointed, then the Association shall act as the
Insurance Trustee,
(d) Copies to Mortgqgees. (The copy of each insurance certificate evidencing
such policy, and all endorsements thereto shall be furnished by the
Association upon request to each Institutional First Mortgagee who holds
a mortgage upon mi Unit covered by the policy. Copies or certifícates shalt
be furnished not less than ten (1G) days prior to the beginning of tite term
uf the policy, or not less than ten (10) days prior to the expiration of each
preceding policy thai is being renewed or replaced, as appropriate.
17
t)eeiarmOion of Condominium
Arbor t-Içights, a Coi .mmtntjm
PINELLAS COUNTY if L OFF. REC. BK 14909 PG 1406
pursuant to its contract with the Association, Pternhuns may be financed in such
manner us the l3oard of Directors deems appropriate.
14.5 Ipsurar)ce Trustee' Share of' l'roceeda. AIL insurance policies obtained by or on
behalf of the Association shall he for the benefit of the Association, the Unit
Owners and their mortgagees, us their respective interests may appear, aoci shall
provide that all proceeds covering property losses shall be paid to the Insurance
Trustee which shall be designated by the Board of Directors and which, if so
appointed, shall be a hank or trust company in Floticla with trust powers, with its
principal place of business in the State of Florida or one or more of the Directors
or ()ffl cera of the Contloijnjrn Association. The Insurance Trustee shall not be
liable (or payment of premiurris, nor for the renewal or the sufficiency ot' policies,
nor for the failure to collect any insurance proceeds. The duty of the tnsurzmcc
Trustee shall be to receive such proceeds as are paid and to hold the same in trust
tòr the purposes elsewhere stated herein. ¿md t'or the benefit of the Unit Owners
and their respective mortgagees in the following shares, but shares need not be set
forth on the records of the Insurance Trustee;
(u) lnsucd Property. Proceeds on account of damage to the Insured-Property
shall be held in undivided shares for each Unit Owner, such shares being
the same as the undivided aliares in the Common Elements appurtenant to
each Unit, provided that if the !nsurcd Property so damaged includes
property lying within the--beunduries ot specific Units, that portion of the
-proceeds allocable_to such property shall be held as iI' that portion of the
Insured l'roperty were Optional Properly as described in paragraph (b)
below.
(b) Optional Property Proceeds on account of damage solely to Units ¿iod/er
certain portions or all of' the contents thereof not included in the insured
Property (all as determined by the Association in its sole discretion)
(collectively the "Optional Property"), if any is collected by reason of
optional insurance which the Association elects to carry thereon (as
coniemplated herein), shall be held t'or the benefit of Owners of Units or
other portions of the Optional Property damaged in proportion to the cost
of repairing the damage suffered by each such affected Owner, which cost
an4 nt1ocutin shall be determined in the sole discretion ol' the
Association.
(e) Mortgagees. No mortgagee of n Unit shalt have any tight to determine or
participate in the determination an to whether or not any damaged property
shall be reconstructed or repaired, ¿md no mortgagee shall have any right
to apply or have applied to the reduction of a mortgage debt any insurance
proceeds, except for actual distributions thereof made to the t.init Owner
and mortgagee pursuant to the provisions of this Declaration.
14.6 Distribution of Proceeds. Proceeds nl insurance policies received by the
Insurance Trustee shall be distributed to or for the benefit ot'thc beneficial owners
thereof in the following maimer;
Fxpenscs of the l'rt1. All expenses of the tosurance Trustee shall he first
paid or provision shall be made therefor,
RCCOIÌStrUCtiOIÌ oy Repgft. If the damaged property t'or which the proceeds
arc paid is to he repaired or reconstructed, the remaining proeecds shall be
paid lo defray the cost thereof as elsewhere provided herein. Any
proceeds remaining after defraying such Costs shall be distributed to the
beneficial owners thereof' itt the saine percentages as their ownership of
the common elements, with remittances to Tiitit Owners and their
mortgagees being payable jointly to them.
(e) Fniluc to Recogtrucl or Repj. If it is determined in the manner
elsewhere provided that the damaged property t'or which the proceeds ace
20
Dec larat ion of Cundeu niniuni
Arbor Iteights, a Cuiidor;ciiiium
PINELLAS COUNTY FL OFF. R1C. Uit 14909 PG 1409
24
Dcc Iflration or Candent (muni
Arbor Hc,hts, n Cnndominiurn
PINELL..8 COUN'f' I'L OFF. 1EC. ç 14900 PG 413
Rirttion of UnLt. l'ho Unit shall ho made habitable. 1f the cost of the
restoration exceeds the amount of the award, the additional funds required
shall b assessed against the Owner afilie Unit.
Distribution øf Surplus. The balance of the award in respect of the Unit, if
any, shall he distributed to the Owner of the Unit and to each mortgagee of
the Unit, the remittance being made payable jointly to the Owner and such
mortgugees.
(e) Adjustment of Shares irj Curon Elements, if the floor arca ut' the Unit
¿s reduced by the taking, the percentage representing the share in the
Common liemcnts and of the Common Expenses and Comnion Surplus
appurtenant to the tinit shall he reduced by multiplying the percentage of
the applicable Unit prior to reduçtion by tu fraction, the numerator nl'
which shall be the area in square fcet of the Unit aller the taking and the
denominator of which shall be the area in square feet of the Unit before
the taking. The shares of all Unit Owners in the Common Elements.
Common Expenses and Common Surplus shall then bo restated us follows:
add the total of all percentages of all Units ater reduction as
af'oresaid (the "Remaining Percentage Balance"); and
divide each percentage foi' each Unit after reduction as aforesaid
by the Remaining Percentage Balance.
The result of such division for each Unit shall be the adjusted percentage
for such Unit,
16.5 Unit Made lJninhabltahle. lf'the taking is oftJi entire Unit or so reduces the size
of a Unit that it cannot be tnadc habitable (in the sole opinion of the Asciutiøn),
the award for the taking of the Unit shall be used far the following purposes in the
order stated and the following changes shall be made to the Condominium:
Payment of Award. The awards shall be paid first to the applicable
Institutional lirst Mortgugecs in amounts sufficient to pay off' their
mortgages in connection with each Unit which is not so habitable; second,
to the Association Ihr any duc and unpaid Assessments; third, jointly to
the affected Unit Owners and other morigagees of their Units. In no event
shall the total of such distributions in respect of a specific Unit exceed the
nutrkei value of such Unit immediately prior to the taking. 'Ihe balance, if
any, shall be applied to repairing and replacing the Common Elements,
Addit10 to Cctmn2ort Elements. '['ho remaining portion of the Unit, if any,
shall become part of' the Common Elements and shall be placed in u
condition allowing, to the extent possible, for usc by all ut the Unit
Owners in the manner approved by the Board of Directors of the
Association; provided that if the cost of' the work therefor shall exceed the
balance of the fund from award t'or the taking, such work shall be
approved in the niarmer elsewhere required for capital improvet-nents to
the Common Elements.
Adjiistmcnft' Shares. The shares in the Common Elements, Comrton
Expenses and Common Surplus appurtenant to the Units titat continue us
part of the Condominium shall be adjusted to distribute the shares in the
Common Elements. Common Expenses - and Conunon Surplus among the
reduced number of Unit Owners (and among reduced Units). 'l'his shall be
effected by restating Ihe shares of continuing Unit Owners as follows:
(i) add the total of all percentages of all Units of continuing Owners
prior io this adjustment, bu after any adjustments made necessary
by subsection 16.4(c) hereof (the "Percentage Balance"); and
25
Dccbmrallon of Condomnitilumn
Arbor Hetgbts, a Coiimtomtníarn
PINnLtJS C0t3lTY PL OFF. REC. BK 14909 PG 1414
26
Declaration ot'Condorniniun;
Arbor i teighti. a Condt,rniu,i,irn
PINnL.LAS COUNTY Fi, OFF. kEC. BK 14909 PG 1415
17.1 Oecupancv. Each Unit shall be used as a residence only. A Unit owned by ari
individual, corporation, purtnership, trust or other fiduciary may only be occupied
by the fit1owing persons, and such persons' families, provided that the Unit
Owner or othci- ¡crmittcd occupant must reside with his/her family: (i) the
individual Unit Owner, (ii) an officer, director, stockholder or employee of such
corporation, (iii) u panner or employee of such partnership, (iv) the fiduciary or
beneficiary of such fiduciary, nr (y) permitted occupants under a lease or sublease
of the Unit (us described below), as the case may be. Occupants of u leased or
subleased Unit must be the following persons, und such persons' families who
reside with them: (i) an individuaI lessee or sublessec, (ii) an officcr, director,
slockbolder or employee of a corporale lessee or sublessee, (iii) a partner or
employee of a partnership lessee or sublessee, or a fiduciary or bencticiary of a
fiduciary lessee or sublessee. In no event shall occupancy (e,cept for temporary
occupancy by visiting guests) exceed two (2) persons per bedroom and one (1)
person per den (as defined by the Association for the purpose of excluding tioin
stich definition living rooms, dining rooms, thmily rooms, country kitchens and
the like). Time Board of Directors shall have the power to authorize occupancy of
a Unit by persons in addition to those set forth above. The provisions of this
Section 17.1 shall not be applicable to Units used by the Developer Ibr model
apiirtinents, guest accommodations, sales offices or management services.
As used herein, 'fitmily" or words olsiniilar import shalt be deemed to include a
spouse, children, parents, brothers, sisters, grandchildren und other persons
permanently cohabiting flic Unit as or together with the Owner or permitted
occupant thereol As used herein, "guest" or words of similar import shall
include only those persons who have a principal residence other than the Unit.
Unless otherwise determined by the Board of Directors of the Association, other
than family of the Unit Owner or other person(s) who perinanenUy eohubitates in
the Unit with the Unit Owneroccupying a Unft fòr more than one (1) month shall
not be deemed a guest hut, rather, a person shall he deemed a lessee for purposes
of this Declaration (regardless of whether n leise exists or ment is paid) and shall
be suhjct to the provisions of this Declaration which apply to lessees. The
purpose of this paragraph is to prohibit the circumvention of the provisions and
intent of this Section 17 and the Board of l)irectors of the Association shall
enforce, nd the Unit Owners comply with, same with due rtgard for such
purpose.
'l'ho rights of the unit Owners lo use any porlioil of the Asociutiori Property
and/or the Common Elements sh&l be limited to the extent granted in, and subject
to the restrictions of Section 3.4(d) hereof, and the obligation for the payment of
assessments as set tbrtb in this Declaration.
172 Children. Children shall be permitted to reside iii Units. subjcI to the provisions
ut Section 17. 1, above.
17.3 Pets. tach Unit Owner or occupant (regardless of the number of joint owners or
occupants) may maintain up to two (2) household pets (except fish and birds lbr
which there is no limit on the number) in his Unit, to he limited to dogs and/or
cats, more specifically one (1) dog nnd one (1) cat, but not two (2) if either, (or
other household pets defined us such and specifically permitted by the Asso-
ciation such as fish and caged (domestic type) birds), provided that such pets are
(a) permitted to he so kept by applicable laws and regulations, (b) not kept, bred
or maintained for any commercial purpose, (c) noi left unattended on balconies or
in lanai areas, (d) generally, not a nuisance tu residents of other Units or of
neighboring buildings and (e) not a pii hull or other breed considered to be
dangerous by the J3oard of Directors; provided that neither the Board nor the
AssociaLon shall he liable for any personal injury, death or property damage
resulting from a violation of the foregoing and any occupant ola Unit coni mitling
such u violation shall, und does hereby, fully indemnify and hold harmless Il-te
hourd of Directors, the Developer, each Unit Owner and the Associulon in such
regard. Unit Owners musi pick-up all solid wastes of their pets untI dispose of
such WUSICS ¿ippropriately. All pets (including cals) must be carried or kept on a
27
Declaration uf' Cendomintrn
Arbor IJctihjs, u Cta ¿dornintuni
PINELIJS COUNTY 5'E. OFF. REC. Bic 14909 PG 1416
leush no more than six (6) feet in length al all Urnes when outside the Unit. No
pets may be kept on balconies when the Owner is not in the Unit. Without
limiting the generality of Section 19 hercof violation of' the proviioris of this
paragraph shall entitle th Asocitatiori to all of its rights and ,'emedics, inoludin,
but not limited to, the right to fine Unit Owners (as provided in any applicable
rules and regulations) and/or to require any pot to be permanently removed from
the C:ondominlum Property upon three (3) days' notice. This Section 17.3 shall
no prohibit the keeping of lish or n caged household-type bird(s) in a Unit,
provided that a bird(s) is not kept on Limited Common lemcnis und does not
become a nuisance or annoyance lo neighbors.
17.4 Alterationg. Without limiting the generality of Section 9. 1 hereoL but bject to
Seeton 10 hereof, no Unit Owner shall cause or allow improvernetus or changes
to any Unit. Limited Common Elements appurtenant thereto or Comrnort
Wernenis, without obtaining the prior written consent of the Association (in the
manner specified in SCCtiÚn 9.1 hereof).
17.5 Usc et' Common Elements. 'i'he Common Elements shall be used only t'or
t'ornishing of the services and facilities for which they are reasonably suited and
which are incident to the use and occupancy of' Units.
17,6 Nuisances. No nuisances (as defined by the Association) shall be allowed on the
Condominium Property, nor shall any LI 'e-or practico he allowcd which is a source
of annoyance to residents or occupants of Units or which interferes with the
peaceful possession or proper use of the Condominium Property by its residents
or occupants. No activity specifically perrnìtted by this Declaration shall be
deemed a nuisance.
17.7 NQlrnproperUses. No improper, offensive, hazardous or unlawful use shall be
made of the Condominium Property or any part thereof, and all valid laws. zoning
ordinances und reulfflioris of all governmental bodies having jurisdiction
thereovcr shall be observed. Violations of laws, orders, rules, regulations or
requirements of' any governmental agency having jurisdiction thereover, relating
to any portion of the Condominium Property, shall be corrected by, and al the sole
expense of, tite party obligated to maintain or repair such portion of the
Condominium Property, us elsewhere herein set forth. Notwithstanding the
foregoing and any provisions of this Declaration, the Articles of Incorporation or
By-Laws, the Association shall not be liable to any person(s) for its failure to
enforce the provisions of this Section 17,7. No activity specifically permitted by
this Declaration shall be deemed lobe a violation ol'this Section.
i 7.8 Floor Coverings. Without limiting the generality oI'tlic approval requirements set
forth in Section 9 of' this Declaration, no hard-sLirfaced floor coverings stich as
wood, tile, marble und stone shall be installed in any Unit or its appurtenant
Limited Common Elements unless saine is itistulled with sound-absorbing
backing meeting the requirements, toin time to tinte, of the Association, Any
change in the floor covering of a Unit to be made by a Unit Owner (other than the
Developer) musi first be approved by the Association.
17,9 Exterior lmproygnenfLnndscaping, Without limiting the generality of Sections
9. 1 1 7.4 bereut', hut subject to any provision al' this f)cclaration specifically
permitting same, no Unit C)wnr shall cause anything to be affixed or attached to.
hung, displayed or placed on the exterior waits, doors, balconies or windows of'
the l3uildiiig (including, l'ut not limited Lo, awnings, signs, storm shutters, screens,
window tinting, furniture, fixtures and equipment), not' to plant or grow any type
uf shrubbery, flower, tree, vine, grass or other plant life outside his Unii, without
the pilot' written consent of the Association. Notwithstanding the foregoing, Unit
Owners will he permitted to attach religious symbols (i.e., mezuzah, etc) to be
attached to door frames and temporariiy display holiday specific decorations (i.e.,
menoruhs, wreaths, Christmas ornaments, etc) on doors and/or windows.
28
t)ectarsliori el Condominium
Arbor f toIhts, mm Conduntiniumn
PINELI.AS COUNTY FL OFF. RC, 13K 14909 PG 14:1.7
17.10 Relict' by AssQQizliofl. The Association shall have the power (but not the
obligation) to grant relief in particular circumstances from the provisions Ot'
specific restrictions çontnincd in this Section 17 for good cause shown.
17.11 liffrct on 1)evloper: Association. The rcslritions limitations set forth in this
Section 17 shall not apply to the Developer or to Units owned by the Developer.
l'hc Association hatl have the power (but not the obligation) to grant relief in
particular cireumstance from provisions of' specific restrictions contained in this
Section 17 fbr good cause shown.
I8. elIing, Mortnnin d Leasing of Units.
In order to insure t community ofcongcniul residents and occupants and protect the valuo
of the Units and to rurthcr the continuous harmonious development of the Condominium
community, the sale and transfer of Units by any owner shall be subject to the followin8
provisions. The provisions of this Article 18 hal1 not apply to the l)evoloper.
1 9. I Sales. There arc no restrictions on the sale or transièr of Units,
18.2 Ïcaes. Leasing of Units is permitted without the consent of the Board of
I)irectors; however each Unit Owner who leases his liait must provide the
Association with a notice of the lease as well as pertinent identification and
eniuct in formation for the lessee. No portion of a Unit (other than un entire
Unit) muy he rented. All lcrtscs shall provide (or be automatically deemed tu
provide, absent an express statement) that the Association shall have the right to
terminate the lease upon default by the tenant in observing any ut' the provisions
of this Declaration, the Articles of' Incorporation and 13y-Uaws of the Association,
applicable rules and regulations, or other upplicuble provisions of any agreement,
document or instrument governing the Condominium. Regardless of whether or
not expressed in the applicable tease, the Unit Owner shall b jointly and
severally liable to the Association for the acts and omissions of his tenant(s)
which constitute a violation o1 or non-compliance with, the provisions of this
Declaration and of any and all rules ¿md regulations of the Association.
Nothing herein shall interfere with the access rights of the Unit Owner landlord
pursuant to Chapter 83, Fbi ida Statutes. The Association shall have the right to
adopt rules to prohibit dual usage by a Unit Owner and a tenant of Association
Property and Common blements otherwise readily available for use generally by
Owners.
18.3 No Severance of Ownership. No part of the Common Llenients may h sold,
conveyed or otherwise disposed of, except as an appurtenance to the Unit in
connection with a sale, conveyance or other disposition of the Unit to which such
interest is appurtenant, lu)d any sale, conveyance or other disposition of a Unit
shall b deemed to include that Unit's appurtenant interest in the Common
LU cruenta,
I 8.4 Oitls...nnd Dcvlsc. etc. Any Unit Owner shall be free to convey or transfer his
Unit by gift, to devise his Unit by will, or to have his Unit pass by intestacy,
without restriction; provided, however, that each succeeding Unit Owner shall bu
hound by. arid his (Jolt subject lo, the provisions of this Section 18.
18.5 l)cveboper 1,easln. It is understood and agreed by ali parties hereto and all Unit
/ Owners that Ihr itch period of time as Develóper deems appropriato, I)evcloper
J may actively undertake a leasing and/or lease with option to purchase program
with respect to Units owned by it. Accordingly, certain Units amy be occupied by
tenants of the Developer under lease agreements or month lo month tenancies or
other types nl' tenancies heretofore or hereinaFter consummated and agreed upon.
Such tenants of Developer shall have the full right and authority to continue to
OCCUPY said premises in accordance with their lease agreements, rental
agreements or other tenancy agreements and to uso and enjoy on a non-exclusive
basis all Common Llements of' the CondOminium without arty cost or expense.
29
t)ccliurstion of Condointaluni
Arbor J-leights, n Cundomintum
PINL1,PS COUNTY FL OFF. REC. K 14909 G 14i.G
Developer rescrvcs the right io nìaíntin a leasing as well as sales oluice within
ihe Condorninitini for so long as Developer is afferin Units for sale in the
ordinary course of business.
19. Compliance and Default. Hack Unit Owner and every occupant of a Unit and the
Association shalt be governed by and shall comply with the terms of this I)eclaration of
Condominium and all exhibits annexed hereto, and the rules and regulations ndopted
pursuant to those documents, as the saine may be amended fiorn time to time. The
Assoe1aion (and Unit Owners, if appropriate) shall he entitled to the following relief in
addition to ihe remedies provided by the Act:
I 9. 1 Mandatory Non-binding Aibitration of Disputes. Prior to the institution of' court
litigation, Ihe parties to a Dispute shall petition the Division br non-binding
arbitration. The arbitration shall be conducted according to rules promulgated by
the L)jvio and before tu-bitrators employed by the Division. 1he filing of a
petition lör urbiLrution shaLl toll the applicable statute of limitation for the
upplicable Dispute, until the arbiiration proceedings are completed. Any
arbitration decision shrill be presented lo the parities in writing, and shall be
deemed final if u complaint ftr trial nove is not filed in a court of competent
jurisdiction within thirty (30) days following hic issuance of the arbitration
decision. The prevailing party ¡n the arbitration proceeding shall be awarded
tlltorneys Ibes and costs incurred in connection with the proceedings. The party
who files a complaint for -a- trial dc yo shall be -assessed the other partya
arbitration costs, courts costa uid other reasonable costs, inctuding without
limitation, attorneys' fees, investigation expenses und CXJ)eflse5 For expert or other
testimony Or wvkkncc incurred after the arbitration dcciion if the judmvnt upon
the triai £k aovo is not more favorable than the arbitration decision lt'judgrnent is
more favorable, the party who filed a complaint for trial shall be awarded
reasonable court costs and attorneys fees. Any party to an arbitration proceeding
raLLy enforce an arbitration award by filing a petition in the circuit court for the
circuit in which the nrbftrtnion took place. A petition may be granted unless the
time for appeal by the tiling of u complaint for a trial novo has expired. If a
complaint for a trial de nova has been filed, ¿t petition may net be granted with
respect to an arbitration award that has been stayed.
19.2 Negligence. A Unii Owner shall- -be liable for the expense of any maintenance,
repair or replacement made necessary by his negligence or by that of any member
of his family or his or their guests, employees, agents or lessees, hut only to the
extent such expense is not met by the proceeds of insurance actually collected in
respect of such negligence by the Associution.
1 9.3 Compliance. In the event u Unit Owner or occupant fails to maintain a Unit or
Ihils to cause such Unit to be maintained, or fbils to observe und perform all at, the
provisions of the l)cclartgion, the fly-Laws, the Articles o ineorporalion of the
Association, applicable rules and regulations, or any other agreement, document
or instrument affecting the Condominium Property in the manner required, the
Association shall have the right to proceed in a court of equity to require
performance and/or compliance, to impose any applicable fines. to suc in a court
of law for damages, and to charge tite Unit Owner for the sums necessary to do
whatever work is required to put the Unit Owner or Unit in compliance.
19.4 Costs or Attorney& Fees. In any proceeding arising because of an alleged lidiare
of a Unit Owner or the Association to comply with the requirements of the Act,
this Declaration, the exhibits annexed hercio, or the rules and regulationa udopied
pursuant to said documents, as the sanie may be amended from time to time, the
prevailing party shall be entitled to recover the costs of the proceeding and such
reasonable attorneys' fees (including appellate attorneys' fees). A Unit Owner
prevailing in an action with the Association, in addition to recoverIng his
reasonabLe attorneys' fees, may recover additional amounts as determined by the
court to be necessary to reimburse the Unit Owner for his share of Assessments
levied by the Association to fund its expenses of the litigation.
30
1)eelarntirn, of Condoininitlrn
Arbor I Jeights, a CondomInium
PTNELt.A5 COUNTY FL OFF. REC. BK t4909 G 141,9
19.5 No Waiver [ Rights The failure of the Association or any Unit Owner to
enforce any covenant, restriction or other pJovision of the Act, this Declaration,
the exhibits annexed hereto, or the rules and regulations adopted pursuant to said
documents, as the sume may he amended ('rom time to time, shall not conatituto a
waiver of (heir right lo do so thereafter.
20. TerminatIon of Condominium. The Condominitim shall continue until (i) terminated by
casualty loss, condemnation or eminent domain, as more particularly provided in this
Declaration, or (ii) such time as withdrawal of the Condominium Property from the
provisions of the Act is authorized by a vote of Owners owning ¿it least 80% of the
applicable interests in the Common Elements and by the Primary thstitutionnl First
Mortgagee. ln the event such withdrawal is authorized as aforesaid, the Condominium
Property shalt be sub ect to an action foi- partition by any Unit Owner, mortgagee of a
Unit or henar as if owned in common in which event the net proceeds of sale shell be
divided among oil Unit Owners in proportion to their respective intetests in the Common
lIements, provided, however, that no payment shall be made to a Unit Owner until there
has first been paid off' out of his share of such not proceeds all mortgages and liens on his
Unit in the order of their priority. The termination of the Condominium, as aforesaid,
shall be evidenced by a certificate of the Association executed by its President and
Secretary, certifying as to the basis of the tenninalion and said certificate shall be
recorded among the public records of the County.
This Scctin may not be amended without the consent of the Primary Institutional First
Mortgagee and the Developer as long as it owns any Unit.
21. Additional Rights of Morlaac4eesirnd Others
21.1 AvailabilJy of Association Documents. The Association shall have current and
updated co1,jes of the following available for inspection by Institutional First
Mortgagccs during normal business hours or under other resonnble
circumstances as determined by the Board: (u) this l)eclnrution; (h) the Articles;
(e) the By-Laws; (d) the rules and regulations of the Association; and (e) the
hooks, records and rinancial statements of the Association.
21.2 Notices. Any holder, insurer or guorlintor of n mortgage on a Unit shall have, if
first requested in writing from the Association, the right to timely written notice
upon and ¡ame to the benefit of the Developer and subsequent owner(s) of the Lund or
any part thercot or interest therein, and their respectivo heirs, personal representatives,
successors and assigns, but the same are not intended to create nor shall they be construed
as creating any rights in or for the benefit of the general public. All present and future
Unit Owners, tenants and occupants uf Units shall be subject tu und shall Comply with the
provisitms of this Declaration and such Articles. 13y.Laws and applicable rules and
regulations, as they may be amended from time to time. The acceptance of a deed or
conveyance, oc the entering into of a lease, or the entering into occupancy of any Unit,
shall constitute an adoption and ratification of the provisions of this Declaration, and the
Articles, By-Laws and applicable rules und regulations of the Association, as they may be
amended from timo to lime, including, but not litniied to, a ratification of any
appointments of attorneys-in-fact contained herein.
23. Additional roviSios.
23.1 't'Iotkes. All notices to the Association required or desired hereunder or under the
By-Laws of the Assodiation shall he sent by certified mail (return receipt
requested) to the Association in care of its office at the Condominium, or to such
other address as the Association may hereafter designate from time to linie by
notice in writing to all Unit Owners. Bxcept as provided specifically in the Act,
all notices to any Unit Owner shall be sent by first class mail to the Condominium
address of such Unit Owner, or uçh other address as may have been designated
by him from time to time, ¡n writing, to the Association. All notices to
mortgagees of Units shall be sent by ftrst class mail to their respective addresses,
or such other address as may be designated by them from time to time, in writing
to the Association. All notices shall be deemed to have been given when mailed
in n postage prepaid sealed wrapper, except notices ot'a change of address, which
shall be deemed to have been given when received, or 5 business days aller
proper mailing, whichever shall first occur.
23.2 Interpretalion, The Board nl Directors of the Association shall be responsible for
interpreting the provisions hereof ¿md of any of the Exhibits attached hereto.
Such interpretation shall be binding upon all parties unless wholly unreasonable.
An opinion of legal counsel that any interpretation adopted by the Association Is
not unreasonable shall conclusively establish the validity of such interpretation.
23.3 Mortgagees. Anything herein to the contrary notwithstanding, the Association
shall not be responsible to any mortgagee of' a Unit or Jienor of any Unit
hereunder, and may assume the Unit is free of any such mortgages or liens, unless
written notice of the existence of such mortgage or lien ¡s received by the
Association.
23.4 Exhibits. There is hereby incorporated ¡n this t)eclaration all materials contained
in the Exhibits unnexed hereto, except that as to such Exhibits, any conflicting
provisions set forth therein as to their amendment, modification, enforcement und
other matters shall control over those hereof.
23.5 Signature of Preident nd Secretary. Wherever the signature of the President of
the Association is required hereunder, lite signature of a vice-president may he
substituted therefor. and wherever the signature of tIte Secretury of' the
Association is required hereunder, the signature of an assistant secretary may he
substituted therefor, provided that the some person may not execute any single
instrument on behalf of the Association in two separate capacities.
23.6 Governing Law, Should any dispute or litigation arise between any of the parties
whose rights or duties are affected or determined by this Declaration, the Exhibits
annexed hereto or applicable rules and regulations adopted pursuant to such
ctuctiments, as the same may he amended 1ì'o.n time to Linie, said dispute or
litigation shall be governed by the laws of tIme State of Florida.
23.7 Sevea_bil its'. The invalidity in whole or in part of any covenant or restriction, or
any section, subsection, sentence, clause, phrase or word, or other provision of
32
Declaration of Conti atrita juin
Arbor Ilalaitis. a CûodoniJnlum
PINELLAS COUNTY FL OFF. RiC. mc 14909 PG 1421
this Declaration, the Ethibits annexed hereto, or applicable rules and regulations
adopted pursuant to such documents, as the same may be amended from time to
Lime, shall not affect the validity of the remaining portions thereof which shall
remain in full force and effect.
23.8 Waiye. No provisions contained in this Declaration sl-uill be deemed lo have
been waived by reason of any failure to enforce the same, without regard to the
number of violations or breaches which may occur.
23,9 atjflcation. Each Unit Owner, by reason of having acquired ownership (whether
by purchase, gift, operation of law vr otherwise), and each occupant of a Unit, by
reason of his occupancy, shall be deemed to have acknowledged and agreed that
(i) all of the provisions of this Declaration, und the Articles and By-Laws nl' the
Association, and applicable rules and regulations, m'e fair and reasonable in all
material respects, and (ii) automatically consent to any rezoning, replatting,
covenant in lieu of' unity of title, change, addition or deletion lawfully made in, on
or to the Condominium Property or adjoining property by the Developer which
are implemented in accordance with the mquireinents of this Declaration and the
req uirenients of F.S. 718.110(4). and in such regard, each Owner, or occupant ola
li nil, hereby designates, the Association to uct us agent and attorney-in-fact behalf
of the Owner to consent to any such rezoning, change, addition or deletion. It'
requested by Developer. each Owner shall evidence their -consent to rezoning,
change, addition or deletion in writing (provided, however, thai the refusal to give
such wrítten consent shall not obviate (lie automatic effect of this provision).
23,10 E,tecution of Doeumeifls: Attorney-in-Fact. Without limiting the generality of
other Sections of this Declaration and without such other Sections limiting the
generality hereof, each Owner, by reason of the acceptance of' a deed to such
Owner's Unit, hereby agrees to execute, at tite request of the Developer, alI
documents or consents which may be required by all governmental agencies to
allow the Developer and its affiliates to complete the plan of development of the
community as such platt may be hereafter nmended, and each such Owner further
appoints hereby and thereby the Developer as such Owner's agent and attorney-in-
fact to execute, on behalf and in the name of such Owners, any and all of such
documents or consents. This power of attorney is irrevocable and coupled with an
interest. The provisions of' this Section may not be amended without the consent
of the Developer.
23, 11 (',cuder, PluralIty. Wherever the context so permits, the singular shall include the
plural, the plural shall include the singular and the use of any gender shall be
deemed io include till or no genders.
23,12 Captions. The captions herein arid in the 1xhihits annexed hereto arc inserted
only as a malter of convenience end for ease of refeienec and in no way define or
limit the scope of the particular document or any provision ihercut'.
23.13 Mold and/or Mildew. Mold and/or mildew can grow iii any portion of the
condominium that is exposed to elevated levels of moisture. The Association und
each Unit Owner agree to: (i) regularly inspect the parla of the Unit. or Ccirnmon
Property that they respectively maintain, and which are visible and accessible
without having first to conduct invasive testing, for the existence of mold,
mildew, and/or water intrusion (except when the water intrusion is part of' the
normal functioning of improvements and appliances such as showers, sinks,
dishwashers, and other similar appliances and iniprovernenls) and/or damage; (ii)
upon discovery immediately repair in a good and workmenlike condition the
source of any water intrusion in the parts of the Unit or Common Elements that
they respectively maintain: (iii) ren-tediate or replace any building material located
in the parts of the Unit or Common hlcinents they respectively muintuin that has
absorbed water or moisture as a result of' water intrusion; und (iv) and promptly
and regularly remediate all mold and/or inikiew discovered in the ports oldie Unit
or Common Flements they respectively maintain in accordance with current
industry-accepted standards. In addition, the Association agrees to notify the Unit
33
l)eclaret*on of Condornìniirn
Art-'or Heights, a CcmdelTlinium
I?XLLAs COUNTY FI. OFF, RtiC. 2K 14909 PG 1422
Owners, and each Unit Owner agrees to notify the Association olthe discovery of
mold, mildew antllov water intrusion and/or damage in the purts of the tJnit or
Common Elements they respectively maintain.
Notwithstanding anything to the contrary herein, Developer shall hnyc no
obligation to perform any invasive testing or inspections, maintenance or repairs
and shall not be held liable for any loss or damage caused by the failure of the
Association or Unit Owner io pertbrin their obligation herein.
A Unit may trap humidity created by every day living (cooking, bathing,
laundering, etc.). As a result, condensation may appear ori the interior portion of
the windows arid glass surfaces and fogging of windows mmd glass surfaces may
occtir due to temperature disparities between the interior and exterior portion ol'
the windows and glass. If' leu unattended and not properly intintained by owners
and occupunts, the condensation muy increase resulting in staining, damage to
surrounding seals, caulk, paint wood work and shocirock, amici potentially mildew
or molti.
2313 Pisciakner..ofWrranies. EXCEPT AS JMI'OSED BY THE Adl (AND TI-lEN
ONLY TO THE EXTENT TI-lEY CAN NOT l-3E DISCLAIMED). NO
WARRANIIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR
IMPI.IED, J-lAVE BEEN GIVEN OR MADE BY TI-IF DEVELOPER oR ITS
AGENTS OR EMPLOYEES IN CONNECTION WITH ANY PORTION 0F
THE CONDOMINIUM PROPERTY (INCLUDING TIlE COMMON
ELEMENTS AND THE UNITS). ITS PHYSICAL CONDIFION, ZONING,
COMPLIANCE WITH APPLICABLE LAW, MERCI IANTABJL 1TY,
HAI3I'l'ABILITY, FITNESS FOR A I'ARTICULAR. PURÌ'OS'E, OR IN
CoNNECTION WITH TI-LE SUBDIVISION. SALE. OPERATION
MAINTENANCE, COST OF MAINTENANCE, TAXES OR REGULATION
THEREoF OR IN CONNECTION WITH THE OPERNI'ION OF TI-LE
ASSOCIATION. ALL OWNFRS, BY VIRT1JE OF TI-mIR ACCEPTANCE OF
TJ'II.E TO THEIR RESPECTIVE UNITS (WHETHER FROM THE
DEVELOPER OR ANOTHER PARTY) SHALL BE DEEMED TO llAVE
AUTOMATICALLY WAIVED AI.L OF TI-lE AFORESAII) I)ISCLAIME[)
WA RRANTJ ES.
IN Wf [NESS WHEREOF the Developer has cedjbs Dcclaration t be duly
executed and its corporate seal to he hereunto affixed this JL 200ó,
STATE OP FLORIDA )
) SS
COUNTY OF MJAMI-J)ADE )
BEFORE ME. personally appeared Juan E. Puig, as Manager uf ARBOR IIEIGI-ITS,
LIC, a Florida limited liability company, who ufterjieing-. irsr-duly-swcrn, deposes and slates
that he has executed the foregoing on behalf 9-flhc limited liability compmiiìy, Lie presented
- as idcntit'ication,r is personally known to me.
SWoRN l'o ANt) SUBSCRIBED before mue IhiscIt-J day o
3-4
t)c.claratiuii of Condominium
Arbor J-teiglus, a Couìctommiiirn
PINEI..LAS COUNTY FL OFF. REC. 131< 14909 G 1423
'
a_ P4
yconIn.seanPO$4WT
BxpP*ø 8.vwmb IL
35
Of Cndo niurn
Ali3øv ¡ih1s, a COud inLnlu n
PINEILA8 COUNTY FL OI?]t. REC. BK L49O PG i-424
Ocean hank (the "Mortgagee"), the owner and holder of The Mortgage and Security
Agreement datecl1 J4 , frani Arbor Ileigtits, LLC, a Florida limited liability company,
in favor of Mnrtgag\ as recorded on 1n the Official iecords Book 1LLQ
page fr7C) » of the Public RccordT al' Pinellas County, Florida, hereby joins . at
in to tize
li
execution o1 and consents to the Declax-nijon of Condominium of Arbor Heights, a
Concloinin ¡uni.
Nothing contained herein shall be deemed lo or in any way limited or affect the mortgage
held by the Mortgagee or the priority of the lien created thereby and the sole purpose of this
Joinder and Consent is to acknowledge the consent of the Mortgncc to the aforesaid Declaration
of Cendornin juin.
1'his instrument is executed and delivered by the Lindersigned puI-suan to and for the
purpose of complying with §718.104(3), Florida Sta Ites.
Witness.4 LUfl Bank
My ccmmissIo espires;
PINELLAS COtJNTY FL OFF. REC. 13K 14909 PG 1425
LEGAL DESCRIPTION
Parcel I
Loi 1, [hock I o f "T l-lE WOOl)S AT FRENCHMANS CREEK", according to the plat thereof us
recorded lui Plat J3ook 96, at Page 40, of the Public Records of Pincitus County, Florida.
Parcel 2:
Together with u portion of vacated right-of-way of 58th Avenue South, being described as follows:
The Ease 387.00 tet of the South 30.00 feet of the Northeast '/ of the Northwest /4 of Section i L
Township 32 South, Range 16 Fast, Pinchas County Florida; Less the Fast 30.00 feet for 28" Street
right-of-way.
-Which Porcel 1 and Parcel 2 are also described as: Commencing at the Southegat comer--of the
Northwest ¼ of Section 1 l,-1'ownhíp 32 South, Range 16 East, PinelIas County, Florida, as a PoInt
of Reference: thence N 00° 06'22" E, along the NorthjSouth centerline of Said Section 11. 1339.65
feet; thence along the South line of the Northeast Vi of the Northwest ¼ of said Section II, 8.89° 50'
47" W, 30.00 feet to u point of Beginning; thence continue along said line S 89° 50'47" W, 357.00
fèet; thence N00° 06' 22" E,. 30.00 feel; thence S.89° 50'47"W., 886.80 feet tu n point on the
l-aster1y right-of-way line of 31". Street South; thence N 00° 07'39" E, along said line 639.04 feet;
to an intersection with the South line of "STEPHENSON'S MAXIMO SUBDIVISION UNIT 3",
as recorded in Plot Book 72, at Page 89, Public Records of Pinchas County, Vlorida; thence N 89"
48'38" F, dooM said line and its Easterly extension, 1243.57 feet to a point on the Westerly right-of-
way line of 28" Street South; thence along said line S 00° 06'22" W, 669.81 feet to the Point of
13eginnin.
PuILLAS COUNTY FL OFF. REC. SK 14909 PG 1426
&zrveyor'a Notes and Certificáte 29-Building Type 'E'. Second Floor Flan (BuildIng No.2)
22-BLthcilng Type 'C'. Root Plan (Buildings No.3, 4, 5, and 6) 43-Table No. 2
24-Building Type 'D'. First Roor Plan (Bd No.7,8 and 11) 45 Table No.4
25-Bui Type 'D'. Second Floor Flan (ldlcg No.7,8 and 11) 46-Table No.5
26 BuildIng Type 'D'. Root Plan (BurQ No. 7,8 and Il) 47-Table No.6
48-Table No.7
EXHIBiT "2'
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Arbor Heights, a Condominium
Legai Description, and Location Map
LEGAL DE5CR11ON
LOCAI1ON MAP
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EXHIBIT
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Surveyors Notes and Certificate
1.. L.'t he'e' wre ø,2';te 'r t.,menn emd/ lmt -'-iy PACT1C IÑ T?1 5TA1 ÛS HtY CERIì' THA ÌHF 3N$C11Di
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T flmrJ nr wy liai JtCTE R .5NiiiCre OF i tfTi AN ¡I2ENS'l$ DT
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THE iwP OVZMEIOS AND SO ThAT PIE !DiTlflCeTii. LATlN ND
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COMDN AREAS FAUIES HAVE 2 .ST'TifLLr CaJL.TES,
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Building Type EA?. First Floor Plan (Buildings No. 9 and 13)
ABBREATIOS
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BuiIdng Type 'A". Second F'oor Pian (Buildings No. 9 and 13)
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Building Type 'B'. Dimension Plan (Bildings No. 10 and 12)
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Arbor Heights, a Condominium
Building Type B'. Second Floor Plan (Buildings No. 10 and 12)
ABRE'1A1ONS
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Arbor Heights, a Condominium
Building Type 'C'. First Floor Plan (Buildings No. 3, 4, 5, and 6)
ABBREA'flONS
CAC SCALE
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Arbor Heights, a Condominium
Building Type 'D'. Second Floor Plan (Building No. 7, 8 and 11)
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P1ELLAS COOTY IL Or'. 13K 14909 PG 1452
PIN1iLLAS CO(Jt4TY Ft. OFF. REC. BK .49O9 PG 53
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Arbor Heights, a Condominium
Building Type tG'. Ar81 Floor Plan (Building No. 2)
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Arbor Heights, a Condominium
Building Type 'Ge. Second Floor Flan (Building No. 2)
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Building Type IF'. First Floor Plan (BuildIng No. i)
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Arbor Heights, a Condominium
Building Type 'F'. econd Floor Pian (Building No. 1)
SCALE
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EXHIBIT
INLLAS COUNTY FL O]?F. FEC. BK 49O PG 1460
Arbor Heights, a Condominium
Elevation Han (Buildings I through 13)
CfIC SCALE
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15 20
UNIT TYpL."I"
ALJR[VIATIONS
0.1:1 ) DI NOI1:S IIUIIIIJ CC4IIt
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Arbor Heights, a Condominium
Summary Table No. 2
rl
flYPE C
307
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309
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311 2 EEO4-2 3ATEDOM 411 i 2 BBIXYi4.2 BATIM
312 2 ocM-2 AThOM 412 2 BOM.2 BATHROOM
Q' 313 V 1 9A110M 413 W I BOM.i 3A11OM
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315 W I 6cO1 BATFOOM 415 W I BCM-1 BAI}BIOOM
316 W I BOOM.1 9AThICM 418 W 1 BJOM.1 BATOM
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Arbor Heights, a Condominium
Summary Table No. 3
BUILDING No. LTNØ. .NTDYPE DESPflON BU1LDJNG No. UNITNo. UNITTYPE DESCPJPV.QN
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Summary Table No. 4
ABBRE7ATCNS
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Arbor Heights, a Condominium
Summary Table No. 7
1301 2E(A4.2BAIJW
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PINELLAS COUNTY FL. 0FF. REC. BK 14909 PG 1475
12 1201 0.652100%
1202 0.682100%
1203 0.682100%
1204 0.682100%
1205 0.682100%
1206 0.882100%
1207 0.682100%
1208 0.882100%
1209 0.652100%
1210 0.682100%
1211 0.582100%
1212 0.832100%
PINELLAS COUNTY FI. OFF. c. ( 14909 PG 14Th