Unified Condo Doc (in progress)

DECLARATION OF CONDOMINIUM OF CRESTON HOUSE, A CONDOMINIUM

Affecting the land and all improvements thereon to be known as CRESTON HOUSE, a Condominium, lying and being in the County of St. Jolms and State of Florida, and described as:

A part of Lot 1 and all of Lots 2, 3, 4 and 5, according to Surfcrest Subdivision, a part of Government Lot l, Section 26, Township 8 South, Range 30 East, according to map or plot of same on file in the office of the Clerk of the Circuit Court, St. Johns County, Florida in Map Bo.ok 3, page 82, and more particularly described in Exhibit '1F 11 attached hereto.

Recitals, Intent, and Purpose

WHEREAS, CRESTON INVESTMENT AND DEVELOPMENT CORPORATION. INC., a Florida corporation, hereinafter referred to as the 11Developer'1 as owner in fee simple of the Property, is constructing thereon twelve (12) rr1ulti-family residential buildings containing among other things, sixty (60) Condominium units, sixteen (16) private garages and other appurtenances and facilities, all as hereinafter described, and

WHEREAS, by this Declaration, it i.; intended to subdivide the Property into separate parcels of real property which, in accordance with the provisions herein contained, shall nevertheless be subjected to the benefits and burdens of a Condominium under the provisions of Chapter 771, Florida Statutes, and

WHEREAS a Condominium is a method of ownership which, when applied to a multi-family dwelling. provides for a separate title to each Condominium parcel, which title shall consist of a Condominium uni~ and/ or a private garage and an undivided interest in and to all of the Property that remains; and

WHEREAS, notwithstanding such separation of title, however, the owners by placing the Condominium plan into effect will own with ethers common area property, including without intending to limit the same to such elements thereof as the entrance courtyards. elevators. parking lots, landscaped areas, and related facilities used and controlled in a manner consistent both with the needs and desires of the residents and the community in which the property is located. and

WHEREAS. it is desirable, therefore, that this Declaration provide the basic requirements for such needs and provide for proper use of the Property, and that within these basic requirements. the Association· hereinafter referred to, and its Board of Governors, shall have the right and duty to effect the purposes of the Condominium; NOW. THEREFORE,

DECLARATION. Developer hereby declares on behalf of itself. its successors, grantees and assigns to its grantees and their respective heirs. successors and assigns aa well as to any and all persons having acquiring or seeking to have or acquire any interest of any nature whatsoever in and to any part of the Property as follows:

The Property described in Exhibit "A" from and after the date of the recording of this Declaration in the Oflice of the Clerk of the Circuit Court in. and for St. Johns, County, shall be and continue subject to each a:id all of the terms of this Declaration of Condominium until terminated or abandoned in accordance with provisions herein elsewhere contained.

The name by which this Condominium shall be identified is CRESTON HOUSE. and its address is Highway A-1-A South, St. Augustine, Florida 32084.

I. DEFINITIONS: As used herein or elsewhere in the Condominium Documents, unless otherwise provided, or unless the context requires otherwise, the following terms shall be defined in this Article provided.

1. Condominium Parcel: any one of those parts of the Buildings which is separately described cr designated on the "Condominium Plans" (Exhibit "A" to this Declaration) which forms the plat recorded in the official Record Book 226, pages 90 and 91 of the St.Johns County Public Records. of each Building as one of the following:

a. Condominium Unit: a single dwelling unit designated by cw arabic numeral designating the building in which the unit in located, and by a letter specifying the unit in that building.

b. Garage: a single enclosed private garage designated by an arabic numeral.

2. Recreational Facility: Those facilities including but not limited to, Meeting Rooms and Swimming Pools located upon the Condominium Property.

3. Condominium Unit Owner: the person or persons holding title in fee simple to a Condominium unit.

4. Garage Owner: the person or persons holding title in fee simple to a garage, providing, however, that no garage may be owned by or leased to any person other than a CondOlninium Unit Owner or Condominium Unit Lessor.

5. Assessment: that portion of the coat of maintaining, repairing and managing the Property which is to be paid by each Condominium Unit Owner, which respective portions, except as herein specifically otherwise provided, are set forth in Exhibit "H" annexed hereto and made a part hereof.

6.Association: the "CRESTON HOUSE ASSOCIATION,INC." and its successors, a corporation. not for profit, copies of the Article• of Incorporation and By-Laws of which corporation are annexed hereto and made parts hereof as Exhibits Band C respectively.

7. Buildings: the entire structures to be located on the Property will be built. substantially in accordance with plans and specifications therefor, prepared by Campbell Sally & Associates. Architects, St. Augustine, Florida, entitled ""Creston House"" for Creston Investment & Development Corporation Owner /Developer. bearing Commission No. [?] and as set forth in Exhibit G hereof.

8. Common Elements: all that part of the Property which is not within the Sixty (60) Condominium units or the Sixteen (16) private garages, as shown in the Condominium Plans (Exhibit "A" hereto), or which exists within Condo1ninium Units by virtue of an easement herein created.

9. Common Expenses: the actual and estimated costs of:
a) maintenance, management, operation, repair and replacement of the Common Elements and those parts of the Condominium Units or other Condominium parcels, as to which, pursuant to other provisions hereof, it is the responsibility of the Association to maintain, repair and replace.
b) management and administration of the Association, including, without limiting the same, to compensation paid by the Association to a managing agent, accountants, attorneys, and other employees.
c) any other items held by or in accordance with other provisions of this Declaration or the Condominium Documents to be Common Expenses.

10. Common Surplus: the excess of all receipts of the Association including but not limited to assessments, rents, profits and revenues on account of the common elements, over the amount of common expenses.

Condominium Documents: this Declaration and the Exhibits annexed hereto as the same from time to time may be amended, Said exhibits are as follows:

Exhibit "A" - Condominium Plans titled Creston House
A-1 - Site Plan. First Floor
A-2 - Site Plan. Second and Third Floors
A-3 - First Floor Plan, Buildings 1 through 12.
A-4 - Second Floor Plan, Buildings l through 12.
A-5 - Third Floor Plan. Buildings l through 12.
A-6 - Garages. Numbers Gl through G16.
All as prepared by Campbell. Sally & Associates, Architects.

Exhibit "B" - Articles of Incorporation of Creston House
Condominium Association, Inc.

Exhibit "C" - By-Laws of Creston House Condominium
Association, Inc.

Exhibit "D" - Rules and Regulations of the Association.

Exhibit "E" Management Contract.

Exhibit "F" - Legal description of Property.

Exhibit "G" - Schedule of Architects and Engineers Design
Drawings and Specifications.

Exhibit "H" - Schedule of Distribution of Common Expenses, 
Proportionate Interest in Commmon Elements.

12. Developer: Creston Investment and Development Corporation, Inc., its assigns and/or successors.

13. Person: Developer and any individual, firm, corporation, trustee, or other entity capable of holding title to real property.

14. Plans and Specifications: The plans and specifications referred to in Article I, 7 hereof.

15. Property: as defined and described in Declaration of Condominium.

16. Share: the percentages attr.ibuted to each Condominium Unit as set forth in Exhibit "H" hereof.

II. DEVELOPMENT PLAN: This Condominium consists of twelve (3) story residential multi-family buildings containing Sixty (60) units, together with subjacent lands as more particularly described in this Declaration.

All of the buildings and/ or Condominium properties constructed under the common plan may be referred to collectively as Creston House Condominiums. Each of the included Condominium properties shall be identified as a number and/or letter: For Example: Building No. 1 will have Apts. 1-A, 1-B, 1C, 1-D and 1-E. Building No. 12 will have units numbered 12-A, 12-B, 12-C, 12-D, 12-E.

a) Plot Plan - The proposed plan for the overall development is included with the Architect's Drawings scheduled in Exhibit G. hereof.

b) Easements - The following easement. are covenants running with the land of the Condominium.:

(l} Utility Easements are reserved through the Condominium property as may be required for utility services in order to adequately serve the Condominium and contiguous properties which are a part of the Development Plans; provided, however, such easements through a Condominium unit shall be only according to the plans and specifications for the building, or as the building is constructed, unless approved in writing by the Condominium Unit Owner.

(2) Ingress and Egress is re•erved for pedestrian traffic over, through and across sidewalks, paths, walks and lanes as the same from time to time may exist upon the common elements; and for vehicular traffic over, through and across such portions of the common elements as from time to tiine may be paved and intended for such purposes.

(3) Easements in Parking Areas. Easements are reserved to the owners of Condominium Units in Creston House Condominiums for pedestrian and vehicular traffic over, through and across such driveways and parking areas as from to time may be paved and intended for such purposes; and for the construction and maintenance of water, sewer and other utilities, lakes. streams, recreational facilities and similar items.

(4) Easements for Unintentional and Non-Negligent Encroachments: If a Condominium parcel shall encroach upon any common element, or upon any other parcel by reason of original construction or by the non-purposeful or non-negligent act of the parcel owner, then an easement appurtenant to such encroaching parcel, to the extent of such encroachment, shall exist so long as such encroachment shall exist. If any common element shall encroach upon any parcel by reason of original construction or the non-purposeful of non-negligent act of tbe Association, then an easement appurtenant to such common element, to the extent of. such encroachment shall exist so long as such encroachment aha1l exist.

III. COMMON ELEMENTS USE: The common elements shall be used in accordance with and subject to the following provisions:

1. Covenant against Partition. In order to effectuate the intent hereof and to preserve the Condominium and the Condominium method of ownership, the Property shall remain undivided and no person, irrespective of the nature of his interest in the Property, shall bring any action or proceeding for partition or division of the Property or any part thereof until the termination of the Declaration in accordance with provisions herein elsewhere contained or until the Building is no longer tenantable, whichever first occurs.

2. Rules and Regulations Promulgated by Association. No person shall use the Common Elements or any part thereof in any manner contrary to or not in accordance with such rules and regulations pertaining thereto as from time to time may be promulgated by the Association Without in any manner intending to limit the generality of the forgoing, the Association shall have the right but not the obligation, to promulgate rules and regulations limiting the use of the Common Elements to members of the Association and their respective families, guests. invitees and servants, as well as to provide for the exclusive use by a Condominium Unit Owner and his guests, for specific occasions, of the swimming pool or other similar facilities. Such use may be conditioned upon, among other things, the payment by the Condominium Unit Owner of such assessment as may be established by the Association for the purpose of defraying costs thereof.

3. Maintenance repairs, management, and operation of theCommon Elements shall be the responsibility of the Association, but nothing herein contained, however, shall be construed so as to preclude the Association from delegating to persons, firms or corporations of its choice, such duties as may be imposed upon the Association by the terms of this sub-article III(3) and as are approved by the Board of Governors of the Association.

4. Expenses incurred or to be incurred for the maintenance, repair, management and operation of the Common Elements shall be collected from Condominium Unit Owners as assessed, in accordance with provisions contained elsewhere herein.

5. Subject to the rules and regulations from time to time pertaining thereto, all Condominium Unit Owners may use the Common Elements in such a manner as will not restrict, interfere with or impede the use thereof by other Condominium Unit Owners.

6. Alterations and Improvements. The Association shall have the right to make or cause to be made such alterations and improvements to the Common Elements as may be requested by a Condominiwn Unit Owner or group of Condominium Unit Owners (which do not prejudice the right of any Condominium Unit Owner unless his written consent has been obtained}, providing the making of such alterations and improvements are first approved by the Board of Governors of the Association and all first mortgages of individual units. The costs of such requesting Condominium Unit Owners shall be assessed as Common Expenses, unless, in the judgement of not less than 80% of the Board of Governors, the same are exclusively or substantially exclusively for the benefit of the Condoininium Unit Owner or Owners requesting the same. in which case such requesting Condominium Unit Owner shall be assessed therefor in such proportions as they approve jointly and failing such approval. in such proportions as may be determined by the Board of Governors of the Association.

7. Shares of Condominium Unit Owners. The Shares of the Condominium Unit Owners in the Common Elements shall be as stated ln Exhibit "H" annexed hereto and may be altered only by amendment hereof executetd in form for recording by all of the Condominium Unit Owners and First Mortgagees of such Owners: No such alteration shall affect the lien of prior recorded mortgages unless written consent of the holder of such mortgage is obtained and recorded.

8. The Share of a Condominium Unit Owner in the Common Elements is appurtenant to the Condominium Unit owned by him, and inseparable from Condominium. Unit ownership.

Section IV parts 1 and 2 were amended September 30, 2016.

IV. MAINTENANCE AND REPAIR OF CONDOMINIUM PARCELS AND CONDOMINIUM UNITS.

1. The Association, at its expense, shall be responsible for the maintenance, repair and replacement of:

a) all portions of the Condominium Unit which contribute to the support of the Building, excluding, however, interior wall, ceiling and floor surfaces, and including, without intending to limit the same to, outside walls of the Building, structural slabs, roof, interior boundary walls of Condominium Units and load-bearing columns.

b) all conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility services which may be contained in the Condominium Unit but serving another Condominium Unit, or located outside the Condominium Unit for the furnishing of utility services to more than one Unit or the Common Elements, but excluding therefrom, Unit.

c) all incidental damage caused to a Condominium Unit by such work as may be done or caused to be done by the Association.

2. By the Condominium Unit Owner. The responsibility of the Condominium Unit Owner shall be as follows:

a) to maintain, repair and replace at his expense, all portions of the Condominium Unit, including but not limited to those conduits, ducts, plumbing, wiring and other facilities for the furnishing of utilities services serving only the Condominium Unit (whether located within the boundaries of the Condominium Unit or not), except the portions of each to be maintained, repaired and replaced by the Association.

b) to perform his responsibilities in such manner so as not unreasonably to disturb other persons residing within the Building.

c) not to paint or otherwise decorate or change the appearance of any portion of the Building not within the walls of the Condominium Unit, unless the written consent of the Association is obtained.

d) to promptly report to the Association or its agent any defect or need for repairs, the responsibility for the remedying of which is with the Association.

e) not to make any alterations in the portions of the Condominium Unit or the Building which are to be maintained by the Association or remove any portion thereof or make any additions thereto or do anything which would or might jeopardize or impair the safety or soundness of the Building without first obtaining the written consent of the Board of Governors of the Association and all First Mortgagees of individual units, nor shall any Condominium Unit Owner impair any easement without first obtaining the written consent of the Association and of the Condominium Unit owner or Owners for whose benefit such easement exists.

f) to repair and replace at his or her expense damage to another Condominium Unit or any portion of the Buildings, including but not limited to damage to dry wall, wall coverings, and floor coverings (but excluding furnishings and personal items) for failure to maintain, repair, or replace those portions of the Property for which the Condominium Unit Owner is responsible.

3. Nothing herein contained, however, shall be construed so as to impose a contractural liability upon the Association for maintenance, repair and replacement, but the Association's liability shall be limited to damages resulting from negligence.

Section V parts 1 and 3 were amended September 30, 2016.

Section V. CONDOMINIUM PARCELS SHALL BE CONSTITUED AS FOLLOWS

1. Real Property. The Condominium Property is declared to contain Sixty (60) Condominium Units and Sixteen (16) private garages, together with all appurtenances thereto. Each shall, for all purposes, constitute a separate parcel of real property which may be owned in fee simple and which may be conveyed, transferred and encumbered in the same manner as any other parcel of real property, independently of all other parts of the Property, subject to the provisions of the declaration.

2. Boundaries. Each Condominium Parcel shall be bounded as to both horizontal and vertical boundaries as shown on the Surveyor Plans, subject to such encroachments as are contained in the Building whether the same exist now or are created by construction, settlement or movement of the Building, or permissible repairs, reconstruction or alterations. Each parcel shall include that part of tile building containing the: pa.real which lies within the boundaries of the parcel, which boundaries are as follows:

1) Upper and Lower boundaries. The upper and lower boundaries extended to an intersection with the perimetrical boundaries.

a) Upper boundary - the horizontal plane of the undecorated finished ceiling. b) Lower boundary - the horizontal plane of the un- decorated finished floor.

2) Perimetrical boundaries. The perimetrical boundaries of the parcel shall be the following boundaries extended to an intersection with the upper and lower boundaries.

a) Exterior Boundary Walls - the vertical planes of the undecorated finished interior of the walls bounding the parcel extended to intersections with each other and with the upper and lower boundaries.

b) Exterior Appurtenances - where a balcony, loggia or terrace serving only the parcel being bounded is attached to the building, the vertical boundaries of the parcel shall be extended to include such structures and the fixtures thereon.

3. Appurtenance. Each Condominium Unit shall include and the same shall pass with each Condominium Unit as an inseparable appurtenance thereto, whether or not separately described, conveyed or encumbered, all of the rights, title and interest of a Condominium Unit owner in the Property, which shall include but not be limited to:

a) Common Elements: an undivided share of the Common Elements, such undivided share to be that portion set forth in Exhibit "H".

b} a license to maintain one private passenger automobile at and on a parking space in accordance with the Rules and Regulations of the Association.

c) easements for the benefit of the Condominium Unit.

d) Association membership and funds and assets held by the Association for the benefit of the Condominium Unit Owner.

e) all such appurtenances , however, shall be and continue to be subject to the easements for the benefit of other Condominium Units.

f) in addition to and not in derogation of the ownership of the space described on the Surveyor Plans, an exclusive easement for the use of the space not owned by the Condominium Unit Owner and which is occupied by the Condominium Unit, which easement shall exist until the earlier of such time as this Declaration is terminated in accordance with provisions herein elsewhere contained, or the building is no longer tenantable.

g) The following easements from each Condominium Unit Owner to each other Condominium Unit Owner and to the Association:

i) Ingress and Egress. Easements through the Common Elements for ingress and egress for all persons making use of such Common Elements in accordance with the terms of the Condominium Documents.

ii) Maintenance, Repair and Replacement. Easements through the Condominium Units and other Condominium Parcels and Common Elements for maintenance, repairs and replacement of the Condominium Units and Common Elements. Use of these easements, however, for access to the Condominium Unit shall be limited to reasonable hours. except that access may be had at any time in case of emergency.

iii) Structural Support. Every portion of a Condominium Unit or other Condominium Parcel which contributes to the structural support of the BUilding shall be burdened with an easement of structural support for the benefit of the Common Elements.

iv) Utilities. Easements through the Condominium Parcels and Common Elements for all facilities for the furnishing of utility services within the Building, which facilities shall include but not be limited to conduits, ducts, plumbing and wiring; provided, however, that the easements for such facilities through a Condominium Unit shall be substantially in accordance with the Plans and Specifications of the Building.

v) Emergency easements of Ingress and Egress. Easements over all balconies whether reasonably required for emergency ingress and egress. Notwithstanding the foregoing, a Condominium Unit Owner may install or allow to be installed locks or security systems on doors and windows leading in and out of the Condominium Unit.

VI. USE RESTRICTIONS

In order to provide for a congenial occupation of the Building and to provide for the protection of the values of the Condominium Units, the use of the Property shall be restricted to and be in accordance with the following provisions:

1. The Common Elements shall be used for the furnishing of services and facilities for which the same are reasonably intended, for the enjoyment of the Condominium Unit Owners.

2. Nuisances. No nuisances shall be allowed upon the Property nor shall any use or practice be allowed which is a source of annoyance to residents or which interferes with the peaceful possession and proper use of the Property by its residents

3. Lawful Use. No immoral, improper, offensive or unlawful use shall be made of the Property nor any part thereof and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed. The respective responsibilities of Condominium Unit Owners and the Association of complying with the requirements of governmental bodies which require maintenance, modification or repair of the Property shall be the same as hereinabove provided for the maintenance and repair of that portion of the Property subjected to such requirements.

4.Interpretation. In interpreting deeds, mortgages and plans the existing physical boundaries of the unit or of a unit reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed in the deed, mortgage or plan, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown on the plans or in the deed and those of the building.

5. Regulations. Regulations concerning use of the Property may be promulgated by the Association as hereinabove set forth; provided, however, that copies of such regulations are furnished to each Condominium Unit Owner prior to the time that the same become effective. The initial regulations, which shall be deemed effective until amended by the Association, are annexed hereto and made a part hereof as Exhibit D. Any amendments thereto shall be recorded in the Official Records of St. Johns, County as amendments to said Exhibit. Such regulations shall not impair or limit the rights of mortgages as elsewhere recited.

Section 6 below was added August 20th, 2018

6. Rental Restrictions. No Unit may be rented for a period of less than three (3) nights. The minimum age requirement for a rental is twenty-five (25) and the person renting the Unit must occupy the Unit during the entire rental period.

VII. CONVEYANCES

The sale, leasing and mortgaging of Condominium Units shall be subject to the following provisions until this Declaration is terminated in accordance with the provisions herein elsewhere contained.

1. Sale or Lease. No Condominium Unit Owner may dispose of a Condominium Unit or any interest therein by sale or by twelve or more consecutive months lease without approval of the Board of Governors of the Association, except as elsewhere provided herein: which approval of the Association sha11 be obtained in the manner hereinafter provided:

a) Notice to Association. A Condominium unit Owner intending to make a sale or a lease of his Condominium Unit or any interest therein shall give notice to the Association of such intention, together with the name and address of the intended purchaser of lessee, such other information as the Association may reasonably require and the terms of the proposed transaction. The giving of such notice shall constitute a warranty and representations by the Condominium Unit Owner to the Association and any purchaser or lessee produced by the Association as hereinafter provided, that the Condominium Unit Owner believes the proposal to be bona fide in all respects.

b) Election of Association. Within thirty (30) days after receipt o such notice, the Board of Governors of the Association shall either approve the transaction or furnish a purchaser or lessee approved by the Association (and give notice thereof to the person desiring to sell or lease his Condominium Unit) who will accept the transaction upon terms as favorable to the seller as the terms stated in the notice, except that a purchaser or lessee furnished by the Association may have not less than thirty (30) days subsequent to the date of approval within which to close the transaction , and except that the approval of a corporation may be conditioned as elsewhere stated. The approval of the Board of Governors of the Association shall be in recordable form, signed by any two members of the Board. and shall be delivered to the purchaser or lessee. The failure oI the Association to act within such 30-day period shall be deemed to constitute approval, following which the Association nevertheless shall prepare and deliver written approval in recordable form. as aforesaid. The Condominium Unit Owner giving such notice shall be bound to consumate the transactions with such purchaser or lessee as may be approved and furnished by the Association.

2. Mortgage. No Condominium Unit Owner may mortgage his Apartment nor any interest therein without the approval of the Association except to a bank, mortgage banker, life insurance company or savings and loan association. The approval of any other mortgagee may be upon conditions determined by the Board of Governors of the Association.

VIII. ADMINISTRATION.

The administration of the property, including but not limited to the acts required of the Association, shall be governed by the following provisions:

1. The Association shall be incorporated under the name CRESTON HOUSE ASSOCIATION, INC. as a corporation not for profit under the laws of the State of Florida under Articles of Incorporation of which a copy is attached as Exhibit B. Any other form of organization for the Association may be submitted after first obtaining the written approval of all of the members thereof.

2. The Bylaws of the Association shall be in the form attached as Exhibit C until such are amended in the manner therein provided.

3. The duties and powers of the Association shall be those set forth in this Declaration, the Articles of Incorporation and the By-Laws, together with those reasonably implied to effect the purpose of the Association and this Declaration; provided, however, that if there are conflicts or inconsistencies between this Declaration and either the Articles of Incorporation or the By-Laws, the terms and provisions of this Declaration shall prevail and the Condominium Unit Owners covenant to vote in favor of such amendments in the Articles of Incorporation and/or By-Laws as will remove such conflicts or inconsistencies. The powers and duties of the Association shall be exercised in the manner provided by the Articles of Incorporation and the By-Laws and any duties or rights of the Association which are granted by or to be exercised in accordance with the provisions of this Declaration, shall be so exercised except that wherever this Declaration requires the act or approval of the Board of Governors of the Association, such act or approval must be that of the Board done or given in accordance with the By-Laws.

4. Notices or demands, for any purpose., shall be given by the Association to Condominium Unit Owners and by Condominium Unit Owners to the Association and other Condominium Unit Owners in the manner provided for notices to members of the Association by the By-Laws of the Association.

5. All funds and the titles of all properties acquired by the Association and the proceeds thereof after deducting therefrom the costs incurred by the Association in acquiring the same shall be held for the benefit of the Condominium Unit Owners for the purposes herein stated.

6. All income received by the Association from the rental or licensing of any part of the Common Elements shall be used for the purpose of reducing prospective Common Expenses prior to establishing the annual assessment for Common Expenses.

IX. INSURANCE

The Insurance which shall be carried upon the Property shall be governed by the following provisions:

1. Authority to Purchase. Except Builders Risk and other required insurance furnished by Developer during construction, all insurance policies upon the Property (except as hereinaftar allowed) shall be purchased by the Association for the benefit of the Condominium Unit or other Condominium Parcel Owners and their respective mortgages as their interests may appear and shall provide for the issuance of certificates of insurance mortgage endorsements to the holders of first mortgages on the Condominium Units or other Condominium Parcels of any of them and, if if insurance companies will agree, shall provide that the insurer waives its right of subrogation as to any claims against Condominium Unit or other Condominium Parcel Owners, the Association, and their respective servants, agents, and guests. Such policies and and endorsements shall be deposited with the Insurance Trustee (as hereinafter defined) who must first acknowledge that the policies and any proceeds thereof will be held in accordance with the terms hereof.

2. Condominium Unit Owners. Each Condominium Unit Owner may obtain insurance at his own expense, affording coverage upon his personal property and for his personal liability as may be required by law, but all such insurance shall contain the same waiver of subrogation as that referred to in Article IX.1 hereof (if the same is available) and must be obtained from an insurance company from which the Association obtains coverage against the same risk, liability or peril, if the Association has such coverage.

3. Coverage:

a) Casualty. The Building and all other insurable improvements upon the land and all personal property as may be owned by the Association shall be insured in an amount equal to the maximum insurable replacement value thereof (exclusive of excavation and foundations) as determined annually by the insurance company affording such coverage. Such coverage shall afford protection against:

i) i) loss or damage by fire and other hazards covered by the standard extended coverage endorsement.

ii) such other risks as from time to time customarily shall be covered with respect to buildings similar in construction, location and use as the Building, including but not limited to, vandalism, malicious mischief, windstorm and water damage.

b) Public Liability and property damage in such amounts and in such forms as shall be required by the Association including but not limiting the same to water damage, legal liability, hired automobile, non-owned automobile and off-premises employee coverages.

c) Workmen's Compensation policy to meet the requirements of law.

d) All liability insurance shall contain cross-liability endorsements to cover liabilities of the Condominium Parcel Owners as a group to a Condominium Parcel Owner.

4. Premiums. Premiums upon insurance policies purchased by the Association shall be paid by the Association and charged as Common Expenses.

5. All insurance policies purchased by the Association shall be for the benefit of the Association and the Condominium Unit Parcel Owners and their mortgagees as their respective interests may appear and shall provide that all proceeds payable as a result of casualty losses shall be paid to any bank with trust powers as may be approved by the Association. Such Trustee is herein referred to as the Insurance Trustee. The Insurance Trustee shall not be liable for payment of premiums nor for the renewal of the policies, nor for the sufficiency of coverage, nor for the form or contents of the policies, nor for the failure to collect any insurance proceeds. The sole duty of the Insurance Trustee shall be to receive such proceeds as are paid and to hold the same in trust for the purposes elsewhere stated herein. and for the benefit of the Association. the Condominium Parcel Owners and their respective mortgagees, in the following shares but such shares need not be set forth upon the records of the Insurance Trustee:

a) Common Elements - Proceeds on account of damage to Common Elements - that undivided shares of each Condominium Parcel Owner and his mortgagee. if any, which is set forth in Exhibit H.

b) Condominium Parcels. Proceeds on account of Condominium Parcels shall be held in the following undivided shares:

i) partial destruction. when the Building is to be restored for the Owners of damaged Condominium Parcels in proportion to the cost of repairing the damage suffered by each damaged Condominium Parcel. Upon the request of the Insurance Trustee, the Association shall certify to the Insurance Trustee the appropriate portions as aforesaid, and each Condominium Parcel Owner shall be bound by and the Insurance Trustee may rely upon such certification.

ii) Total destruction of the Buildings or where the Building is not to be restored - for all Condominium Parcel Owners, the share of each being that share set forth in Exhibit H. Column 2.

c) Mortgages. In the event a mortgagee endorsement has been issued as to a Condominium Parcel. the share of the Condominium Parcel Owner shall be held in trust for the mortgagee and the Condominium Parcel Owner as their interests may appear.

6. Distribution of Proceeds. Proceeds of Insurance policies received by the Insurance Trustee shall be distributed to or for the benefit of the beneficial Owners after first paying or making provision for the payment of the expense of the Insurance Trustee in the following manner:

a) Reconstruction or Repair. if the damage for which the proceeds were paid is to be repaired or reconstructed, the proceeds shall be paid to defray the cost thereof as elsewhere provided. Any proceeds remaining after defraying such costs shall be distributed to the beneficial Owners, all remittances to Condominium Parcel Owners and thir mortgagees being payable jointly to them. This is a covenant for the benefit of any mortgagee of a Condominium Parcel and may be enforced by him.

b)Failure to Reconstruct or Repair. If it is determined in the manner elsewhere provided that the damage for which the proceeds are paid shall not be reconstructed or repaired, the proceeds shall be distributed to the beneficial Owners, remittances to Condominium Parcel Owners and their mortgagees being payable jointly to them. This is a covenant for the benefit o! any mortgagee of a Condominium Parcel and may be enforced by him.

c) Certificate. In making distribution to Condominium Parcel Owners and their mortgagees, the Insurance Trustee may rely upon a certificate of the Association as to the names of the Condominium Parcel Owners and their respective shares of the distribution. Upon request of the Insurance Trustee, the Association forthwith shall deliver such certificate.

X. RECONSTRUCTION OR REPAIR OF CASUALTY DAMAGE.

A. If any part of the Common Elements shall be damaged by casualty the determination of whether or not to reconstruct or repair the same shall be made as follows:

1. Partial destruction, which shall be deemed to mean destruction which does not render one-half or more of the Condominium Unit untenantable - shall be reconstructed or repaired unless at a meeting of the members of the Association. which shall be called prior to commencement of such reconstruction or repair, this Declaration is terminated.

Editor's comment: Should it be "does render one-half" below?

2. Total destruction. which shall be deemed to mean destruction which does not render one-half or more of the Condominium Units untenantable shall not be reconstructed or repaired unless at a meeting which shall be called within ninty (90} days after the occurrence of the casulty, or, if by such date, the insurance loss has not been finally adjusted, then within thirty (30) days thereafte,. Condominium Unit Owners who, in the aggregate, own 80% or more of the Shares, vote in favor of of such reconstruction or repair.

3. Any such reconstruction or repair shall be substantially in accordance with the Plans and Specifications.

4. Encroachments upon or in favor of Condominium Parcels which may be created as a result of such reconstruction or repair shall not constitute a claim or basis of a proceeding or action by the Condominium Parcel Owners upon whose property such encroachment exists, provided that such reconstruction was either substantially in accordance with the Plans and Specifications or as the Building was originally constructed.. Such encroachments shall be allowed to continue in existence for so long as the Building stands.

5. Certificate. The Insurance Trustee may rely upon a certificate of the Association certifying as to whether or not the damaged property is to be reconstructed or repaired. The Association, upon request of the Insurance Trustee, shall deliver such certificate as soon as practical.

B. Responsibility. If the damage is only to those parts of one Condominium Parcel for which the responsibility of maintenance and repair is that of the Condominium Parcel Owner. then the Condominium Parcel Owner shall be responsible for reconstruction and repair after casualty. In all other instances, the responsibility of reconstruction and repair after casualty shall be that of the Association.

1. Estimate of Costs. Immediately after a casualty causing damage to property for which the Association has the responsibility of maintenance, repair, the Association shall obtain reliable and detailed estimates of the cost to place the damaged property in condition as good as that before the casualty. Such costs may include professional fees and premiums for such Bonds as the Board of Governors desires.

2. Assessments. If the proceeds of insurance are not sufficient to defray the estimated costs of reconstruction and repair by the Association (including the aforesaid fees and premiums, if any) assessments - shall be made against the Condominium Parcel Owners who own the damaged property in sufficient amounts to provide funds to pay the estimated costs. If at any time during reconstruction and repair, or upon completion of reconstruction and repair, the funds for the payment of the costs thereof are insufficient, assessments shall be made against the Condominium Parcel Owners who own the damaged property insufficient amounts to provide funds for the payment of such costs.

3. Construction funds. The funds for payment of costs of reconstruction and repair after casualty, which shall consist of proceeds of insurance held by the Insurance Trustee and funds collected by the Association from assessments against Condominium Parcel Owners, shall be disbursed in payment of such cost in the following manner.

a) Association. If the amount of the estimated costs of reconstruction and repair exceeds the total of the annual assessments for Common Expenses made during the year in which the casualty occurred, then the sums paid upon assessments to meet such costs shall be deposited by the Association with the Insurance Trustee. In all other cases, the Association shall hold the sums paid upon such assessments and disburse the same in payment of the costs of reconstruction and repair.

b) Insurance Trustee. The proceeds of insurance collected on account of a casualty, and the sums deposited with the Insurance Trustee by the Association from collections of assessments against Condominium Parcel Owners on account of such casualty, shall constitute a construction fund which shall be disbursed in payment of the costs of reconstruction and repair in the following manner:

i) Condominium Parcel Owner. The portion of insurance proceeds representing damage for which the responsibility of reconstruction and repair lies with the Condominium Parcel Owner: to such contractors, suppliers and personnel as do the work or supply the materials or services required for such reconstruction or repair, in such amounts and at such times as the Condominium Parcel Owner may direct, or if there is a mortgagee endorsement, then to such payees as the Condominium Parcel Owner and the first mortgagee jointly direct. Nothing contained herein, however, shall be construed so as to limit or modify the responsibility of the Condominium Parcel Owner to make such reconstruction or repair.

ii) Association -- lesser damage. If the amount of the estimated costs of reconstruction and repair is less than the total of annual assessments for Common Expenses made during the year in which the casualty occurred, then the construction fund shall be disbursed in payment of such costs upon the order of the Association; provided, however, that upon request of a mortgagee which is a beneficiary of an insurance policy, the proceeds of which are included in the construction fund, such fund shall be disbursed in the manner hereafter provided for the reconstruction and repair of major damage.

iii) Association --- Major damage. If the amount of the estimated costs of reconstruction and repair of the Building or other improvement is more than the total of the annual assessments for Common Expenses made during the year in which the casualty occurred. then the construction fund shall be disbursed in payment of such costs in the manner required by the Board of Governors of the Association and upon approval of an architect qualified to practice in Florida and employed by the Association to supervise the work.

iv) Surplus. It shall be presumed that the first monies disbursed in payment of costs of reconstruction and repair shall be from insurance proceeds; and that if there is a balance in a construction fund after payment of all costs of the reconstruction and repair for which the fund is established. such balance shall be distributed jointly to the Condominium Parcel Owners and their mortgagees who are the beneficial owners of the fund.

v) When the damage to both Common Elements and Condominium Parcels, the insurance proceeds shall be applied first to the costs of repairing the Common Elements and the balance to the Condominium Parcels as set forth herein.

Insurance Adjustments. Each Condominium Parcel Owner shall be deemed to have delegated to the Board of Governors his right to adjust with insurance companies all losses under policies purchased by the Association except in any case where the damage is restricted to one Condominium Parcel. subject to the rights of mortgagees of such Condominium. Parcel Owners.

XI. TAXES AND SPECIAL ASSESSMENTS.

1. The assessment of each of the Condominium Parcels for taxes and special assessments by governmental bodies may be done in the following manner:

a) Each of the Condominium Units will be assessed as a separate parcel of property and this assessment may be made by applying to the overall valuation figure the percentage shown as to each of the Condominium Unit owners as set forth in Exhibit "H", Column (2 ). Any certificate or returns that may be required for assessment of Ad Valorem Taxes on the property shall be made by the Association and no individual Condominium Unit owner may contest the assessment unless the Association has refused to do so.

b) Certificate. Any Tax Assessor may rely upon a Certificate of the Association as to the Share of each Condominium Parcel and upon request, or whenever appropriate, the Association shall issue such Certificate.

c) During the period of time that taxes upon the property or any portion thereof are not assessed to Condominium Unit owners, the taxes and assessments not separately assessed shall be included in the budget of the Association and shall be paid by the Association and should there be any special assessments made as to a portion of the property which constitutes a common element, this assessment shall also be included in the budget of the Association and paid by the Association from Assessments against the individual owners.

2. During the period of time the taxes and special assessments upon the Property or any portion thereof are not assessed to Condominium Parcels as aforesaid, the taxes and assessments not separately assessed to Condominium Parcels shall be included in the budget of the Association and shall be paid by the Association. The Association shall assess each Condominium Parcel Owner in accordance with the manner hereinabove set forth for allocation of taxes and special assessments by Tax Assessors.

3. Return for Taxation. No Condominium Parcel Owner shall make a return for taxation which is inconsistent in any manner with the provisions hereof and if any such return is made it shall be void. The Association shall make a return of all property for taxation in the names of the respective Condominium Parcel Owners returning for each a share determined in the manner hereinabove provided for allocation of the assessments by Tax Assessors.

XII. ASSESSMENTS.

Assessments against the Condominium Unit Owners apportioned in accordance with Exhibit "H", Colunm (1) shall be made or approved by the Board of Governors of the Association and paid by the Condominium Unit Owners to the Association in accordance with the following provisions:

1.Share of Expenses. Common Expenses - Each Condominium unit Owner shall be liable for his Share of the Common Expenses, and any Common Surplus shall be owned by each Condominium Unit Owner in a like share.

2.Assessments other than Common Expenses. Any assessments, the authority to levy which is granted to the Association or its Board of Governors by the Condominium Documents, shall be paid by the CondominiumUnit Owners to the Association the proportions set forth in the provision of the Condominium Docum.enta authorizing the assessment.

3. Accounts. All sums collected by the Association from assessments may be co-mingled in a single fund but they shall be held for the Condominium Unit Owners in the respective Shares in which they are paid and shall be credited to accounts from which shall be paid the expenses for which the respective a.sseaamenta are made. Such accounts shall be as follows:

a) Common Expense Account--- to which shall be credited collections of assessments for all Common Expenses well as well as payments received for defraying costs of the use of Common Elements.

b) Alteration and Improvement Account -- to which shall be credited all sums collected for alteration and improvement assessments.

c) Reconstruction and Repair Account--- to which shall be credited all sums collected for reconstruction and repair assessments.

d) Emergency Account-- - to which shall be credited all sums collected for emergencies.

Section 4 below was amended in 2016 to reflect the change of fiscal year.

4. Assessments for Common Expenses. Assessments for Common Expenses shall be made for the fiscal year annually in advance on or before the second Monday prior to the start of the fiscal year preceding for which the assessments are made and at such other and additional times, as in the judgment of the Board of Governors, additional Common Expenses assessments are required for the proper management, maintenance and operation of the Common Elements. Such annual assessments shall be due and payable in equal monthly payments, on the first day of each month, beginning with the start of the fiscal year for which the assessments are made. The total of the assessments shall be in the amount of the estimated Common Expenses for the year including a reasonable allowance for contingencies and reserves less the amounts of unneeded Common Expense. Account balances. If an annual assessment is not made as required, a payment in the amount required by the last prior assessment shall be due upon each assessment payment date until changes by a new assessment.

5. Other assessments shall be made in accordance with the provisions of the Condominium Documents and if the time of payment is not set forth in the Condominium Documents, the same shall be determined by the Board of Governors of the Association.

6. Assessments for Emergencies. Assessments for Common Expenses of emergencies which cannot be paid from the Common Expense Account shall be made only by the Board of Governors of the Association.

7. Assessments for Liens. All liens of any nature including taxes and special assessments levied by governmental authority which are a lien upon more than one Condominium Unit or upon any portion of the Common Elements shall be paid by the Association as a Common Expense and shall be assessed against the Condominium. Units concerned or charged to the Common Expense Account, whichever in the judgment of the Board of Governors is appropriate.

8. Assessment Roll. The assessments against all Condominium Unit Owners shall be set forth upon a roll of the Condominium Units which shall be available in the Office of the Association for inspection at all reasonable times by Condominium Unit Owners or their duly authorized representatives. Such roll shall indicate for each Condominium Unit the name and address of the Owner or Owners the assessment for all purposes and the amounts of all assessments paid and unpaid. A certificate made by the Association as to the status of a Condominium Unit Owner's assessment account shall limit the liability of any person for whom made other than the Condominium Unit Owner. The Association shall issue such certificates to such persons as a Condominium Unit Owner may request in writing.

Section 9 below was amended in 2016.

9. Liability for Assessments. In the event a first mortgagee or other purchaser shall obtain title to Condominium Unit or other Condominium Parcel as a result of a foreclosure action in which the Association has been initially joined as a defendant, or as a result of a deed given in lieu of foreclosure, such acguirer of title or its successors and assigns shall be liable for the share of common expenses and assessments. late fees, interest, costs and reasonable attorney's fees and other charges imposed by the Association on such Condominium Unit or other Condominium Parcel or chargeable to the former owner of such Condominium Unit or other Condominium Parcel which became due prior to acquisition of title. However. a first mortgagee's liability for past due assessments, late fees. interest, costs and reasonable attorney's fees shall be limited to the lesser of (i) the common expenses and assessments, late fees, interest, costs and reasonable attorney's fees which accrued or came due during the twelve (12) months immediately preceding the acquisition of title and for which payment in full has not been received by the Association; or (ii) one percent (1 %) of the original mortgage amount. The provisions of this section shall not apply unless the first mortgagee initially joined the Association as a defendant in the foreclosure action and shall not apply if the first mortgagee failed to comply with any other conditions of entitlement to a limitation of liability for assessments and other charges as may be provided by the Condominium Association Act or other law, all as may be amended from time to time. The person or entity acquiring title shall pay the amount owed to the Association within thirty (30) days of transfer of title. Any share of Common Expenses, assessments, late fees, interest, costs and reasonable attorney's fees. and other charges that are uncollectable from a first mortgagee after acquisition of title shall be collectible from all of the owners, including such acquirer and its successors and assigns. A first mortgagee acquiring title to a Condominium Unit or other Condominium Parcel as a result of foreclosure or a deed in lieu of foreclosure. may not, during the period of its ownership of such Condominium Unit or other Condominium Parcel, whether or not the Condominium Unit or other Condominium Parcel is occupied, be excused from the payment of the Common Expenses and assessments coming due during the period of such ownership. Notwithstanding any of the foregoing, in the event that Chapter 718 of the Florida Statutes or any other law allows the Association to collect an amount greater than the amounts provided herein from a first mortgagee or its successors or assigns (as defined by statute) following foreclosure, a deed-in-lieu transaction, or any other disposition of the property, then such law shall be deemed expressly incorporated herein and shall supersede any provisions herein to the contrary. However, in the event that Chapter 718 of the Florida Statutes or any other law limits the amounts (including, but not limited to. assessments, late fees, interest, costs and reasonable attomey's fees, and other charges) that the Association may collect from a fust mortgagee or its successors or assigns (as defined by statute) beyond the limitation afforded in this section, then such law shall only apply to any mortgages recorded on or after the effective date of such law and shall not apply to retroactively impair the rights contemplated herein with respect to mortgages on Condominium Units or other Condominium Parcels in existence prior to the effective date of such law. Any purported first mortgagee or other party acquiring title to a Condominium Unit or other Condominium Parcel and claiming an entitlement to a limitation of liability for past due amounts chargeable to the former owner shall have the affirmative obligation to furnish all materials requested by the Association to determine entitlement to a limitation of liability and the failure to comply shaU result in that party's forfeiture of any right to attorney's fees or costs that may otherwise be recoverable by law associated with any litigation or other dispute resolution concerning liability to the Association.

10. Lien for Assessments. The unpaid portion of an assessment which is due shall be secured by a lien upoi1:

a) The Condominium Unit or other Condominium Parcel and all appurtenances thereto when a notice claiming the lien has been recorded by the Association in the Public Records of St. Johns County. The Association shall not, however, record such claim of lien until the assessment is unpaid for not less than twenty (20) days after it is due. Such a claim of lien shall also secure all assessments which come due thereafter until the claim of lien is satisfied.

b) b) All tangible personal property located in the Condominium Unit except that such lien shall be subordinate to prior bona fide liens of record.

11. Application.

a) Interest: Application of Payments. Assessments and installments thereof paid on or before ten (10) days after the date when due shall not bear interest but all sums not paid on or before twenty (20) days after the date when due shall bear interest at the rate of ten percent ( 10%) per annum from the date when due until paid. All payments upon account shall be applied first to interest and then to the assessment payment first due. All interest collected shall be credited to the Common Expense Account.

b) Suit. The Association at its option may enforce collection of delinquent assessments by suit at law for money judgment without waiving the lien securing same or by foreclosure of the liens securing the assessments or by any other competent proceeding and in either event, the Association shall be entitled to recover in the same action,suit or proceeding the payments which are delinquent at the time of judgment or decree together with interest thereon at the rate of ten percent (10%) per annum, and all costs incident to the collection and the action,. suit or proceedings. including, without limiting the same, to reasonable attorney's fees.

XIII COMPLIANCE AND DEFAULT

Each Condominium Unit Owner shall be governed by and shall comply with the terms of the Condominium Documents and Regulations adopted pursuant thereto and said Documents and Regulations as they may be amended from time to time. A default shall entitle the Association or other Condominium Unit Owners to the following relief:

a) Legal Proceeding. Failure to comply with any of the terms of the Condominium Documents and Regulations adopted pursuant thereto. shall be ground for relief to an action to recover sums due for damages, injunctive relief, foreclosure of lien or any combination thereof. and which relief may be sought by the Association or if appropriate, by an aggrieved Condominium Unit Owner.

b) All Condominium Unit Owners shall be liable for the expense of any maintenance, repair or replacement rendered necessary by his act, neglect or carelessness or by that of any member of his fanily or his or their guests, employees, agents, or lessees, but only to the extent that such expense is not met by the proceeds oI insurance carried by the Association. Such liability shall include any increase in fire insurance rates occasioned by use, misuse. occupancy, or abandonment of any Condominium Unit or its appurtenances. Nothing herein contained however, shall be construed so as to modify any waiver by insurance companies of rights of subrogation.

c} Costs and Attorney's Fees. In any proceeding arising because of an alleged default by a Condominium Unit Owner, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorney's fees as may be determined by the Court.

d} No Waiver of Rights. The failure of the Association or of a Condominium Unit Owner to enforce any right, provision, covenant or condition which may be granted by the Condominium Documents shall not constitute a waiver of the right of the Association or Condominium Unit Owner to enforce such right, provision, covenant or condition in the future.

e) All rights, remedies and privileges granted to the Association or a Condominium Unit Owner pursuant to any terms, provisions, covenants or conditions of the Condominium Documents shall be deemed to be cumulative and the exercise of any one or more shall not be deemed to constitute an election of remedies, nor shall it preclude the party thus exercising the same exercising such other and additional rights, remedies or privileges as may be granted to such party by the Condominium Documents or at law or in equity.

XIV. AMENDMENT.

Except for alterations in the Shares which cannot be done except with the consent of all Condominium Unit Owners whose Shares are being affected, and their mortgagees, the Condominium Documents may be amended in the following manner:

1. Declaration. Amendments to the Declaration shall be proposed and adopted as follows:

a) Notice. Notice to the subject matter of the proposed amendment in reasonably detailed form shall be included in the Notice of any meeting at which a proposed amendment is considered.

b) Resolution. A Resolution adopting a proposed amendment may be proposed by either the Board of Governors of the Association or by the Condominium Unit Owners meeting as members of the Association and after being proposed and approved by either of such bodies, must be approved by the others. Governors and Condominium Unit Owners not present at the meeting considering such amendment may express their approval in writing or by proxy. Such approvals must be by not less than seventy-five percent (75%) of the Governors and seventy-five percent (7S%) of the Condominium Unit Owners and their mortgagees.

c) Recording. A copy of each amendment shall be certified by at least two (2) officers of the Association as having been duly adopted and shall be effective when recorded in the Public Records of St. Johns County, Florida. Copies of same shall be sent to each Condominium Unit Owner and his Mortgagee in the manner elsewhere provided for the giving of notices, but I the same shall not constitute a condition precedent to the effectiveness of such amendment.

2. Association: Articles of Incorporation and By-Laws. The Articles of Incorporation and the By-Laws of the Association shall be amended in the manner provided by such documents.

XV. TERMINATION.

The Condominium shall be terminated, if at all, in the following manner:

1. The termination o( the Condominium may be effected by the agreement of all Condominium Unit Owners and First Mortgagees, which agreement shall be evidenced by an instrument or instruments executed in the manner required for conveyances of land. The termination shall become effective when such agreement has been recorded in the Public Records of St.Johna County, Florida.

2. Destruction. If it is determined in the manner elsewhere provided, that the property shall not be reconstructed after casualty, the Condominium Plan of Ownership will be terminated and the Condominium Documents revoked, The determination not to reconstruct after casualty shall be evidenced by a Certificate of the Association certifying as to the facts effecting the termination, which Certificate shall become effective upon being recorded in the Public Records of St. Johns County, Florida. However, if no such Certificate has been filed or if reconstruction shall not have commenced within six months, any Condominium Unit Owner may, seek equitable relief which may, but need not include, a termination of the Condominium and partition.

3. Shares of Condominium Parcel Owners after Termination. After termination of the Condominium, the Condominium Parcel Owners shall own the Property as tenants in common in undivided shares and the holders of mortgages and liens against the Condominium Parcel or Condominium Parcels formerly owned by such Condominium Parcel Owners shall have mortgages and liens upon the respective undivided Shares of the Condominium Parcel Owners. Such undivided Shares of the Condominium Parcel Owners shall be as set forth in Exhibit H. All funds held by the Association and insurance proceeds, if any, shall be and continue to be held jointly for the Condominium Parcel Owners and their First Mortgagees in proportion to the amount of the assessments paid by each Condominium Parcel Owner. The coats incurred by the Association in connection with a termination shall be Common Expense.

4. Following termination, the Property may be partitioned am sold upon the application of any Condominium Parcel Owner. If the Board of Governors, following a termination, by not less than a three-fourths vote, determines to accept an offer for the sale of the Property, each Condominium Parcel Owner shall be bound to execute such deeds and other documents reasonably required to effect such sale at such times and in such forms as the Board of Governors directs. In such event, any action for partition or other division of the Property shall be held in abeyance pending such sale, and upon the consummation thereof shall be discontinued by all parties thereto.

5. The members of the Board of Governors acting collectively as agents for all Condominium Parcel Owners shall continue to have such powers as in this Article are granted, notwithstanding the fact that the Association itself may be dissolved upon a termination.

XVI. COVENANTS RUNNING WITH THE LAND.

All provisions of the Condominium Documents shall be construed to be covenants running with the land and with every part thereof and interest therein including but not limited to every Condominium Unit and other Condominium Parcel and the appurtenances hereto; and every Condominium Unit and other Condominium Parcel Owner and claimant of the Property or any part thereof or interest therein, and his heirs, executors. administrators, successors and assigns shall be bound by all of the provisions of the Condominium Documents. The provisions of this Declaration shall survive any and all sales and/or transfers of the property and any parcel thereof including, without limitation, tax sales or other forced sale.

XVII. LIENS.

I. Protection of Property. All liens against Condominium Units or other Condominium Parcels other than for permitted mortgages, taxes or special assessments will be satisfied or otherwise removed within thirty (30) days from the date the lien attaches. All taxes and special assessments upon a Condominium Unit or other Condominium Parcel shall be paid before becoming delinquent.

2. Notice of Lien. A Condominium Unit or other Condominium Parcel Owner shall give notice to the Association of every lien upon his Condominium Parcel other than for permitted mortgages. taxes and special assessments within five (5) days after the attaching of the lien.

3. Notice of Suit. Condominium Parcel Owners shall give notice to the Association of every suit or other proceeding which will or may affect the title to his Condominium Parcel. or any other part of the Property, such notice to be given within five (5) days after the Condominium Parcel Owner received notice thereof.

4. Failure to comply with this Article concerning liens will not affect the validity of any judicial sale.

5. The Association shall maintain a register of all permitted mortgages.

XVIII. JUDICIAL SALES.

1. No judicial sale of a Condominium Unit nor any interest therein shall be valid unless:

a) Approval of Association. The sale is to a purchaser approved by the Board of Governors of the Association which approval shall be in recordable form. and shall be delivered to the purchaser and recorded in the Public Records of St.Johns County, Florida.

b) Public Sale. The sale is a result of a public sale with open bidding.

2. Unauthorized Transactions. Any sale, mortgage or lease which is not authorized pursuant to the terms of this Declaration or for which authorization has not been obtained pursuant to the terms of this Declaration shall be void unless subsequently approved by the Board of Governors of the Association.

3. In the event proceedings are instituted to foreclose any mortgage on any Condominium Unit, the Association on behalf of one or more Condominium Unit Owners, shall have the right to redeem from the mortgage for the amount due thereon or to purchase such Condominium Unit at the foreclosure sale for the amount adjudged to be due from the mortgagor in the foreclosure proceedings, and should the mortgagor fail to redeem from such mortgage, and in case of such redemption by the Association, the Association thus redeeming shall take and have absolute fee simple title to the Property redeemed, free from any claim or right of any grantee, his heirs or assigns or such mortgagor, and every person claiming by, through or under such mortgagor. Nothing herein contained shall preclude a mortgage institution, banker, savings and loan association, insurance company or any other recognized lending institution from owning a mortgage on any Condominium Parcel, and such lending institution shall have any unrestricted, absolute right to accept title to the Condominium Unit or other Condominium Parcel in settlement and satisfaction of said mortgage or to foreclose the mortgage in accordance with the terms thereof and the laws of the State of Florida and to bid upon said Condominium Unit or other Condominium Parcel at the foreclosure sale, provided said lending institution owning said mortgage shall give to the Association, its successors or assigns, written notice by certified mail of the said default mailed at least thirty (30) days prior to the institution of the foreclosure proceedings during which thirty (30) days the Association shall have the right to cure such default and following such payment, such mortgagee shall be required to waive such default, and if such default is not cured as aforesaid, and should the Association or any member thereof individually or collectively fail to purchase said mortgage. together with any costs incident thereto from such mortgagee, or fail to redeem such mortgage, then and in that event the mortgagee taking title on such foreclosure sale or taking title in lieu of foreclosure sale, may require such Condominium Unit or other Condominium Parcel and occupy the same and let, relet, sell and resell the same without complying with the restriction limiting the occupation of said Property to persons approved by the Association. If the Association or any members as aforesaid, redeems such mortgage or cures such default, it shall have a lien against the Condominium Unit or other Condominium Parcel for all sums expended in connection therewith, and shall have the same rights to collect such sums as in the case of a past-due assessment.

XIX. PROVISIONS PERTAINING TO DEVELOPER.

BY-LAWS OF CRESTON HOUSE CONDOMINIUM ASSOCIATION, INC. A Florida Corporation Not For Profit

The By-laws were revised in their entirety and replaced in May 2005. They were amended in June 2007 to add language about TVs and sound systems.

1 GENERAL.

a. Identity. These are the By-Laws of CRESTON HOUSE CONDOMINIUM ASSOCIATION, INC., a corporation not for profit under the laws of the State of Florida, the Articles of Incorporation of which are filed in the office of the Secretary of State. The corporation has been organized for the purpose of administering CRESTON HOUSE CONDOMINIUM, located in St. Johns County, Florida.

b. Office. The office of the Association shall be 5930 State Road A-1-A South, St. Augustine Beach, Florida 32080, or such other place as the Board of Governors may determine from time to time.

c. Fiscal Year. The fiscal year of the corporation shall be July 1 through June 30.

d. Seal. The seal of the corporation shall bear the name of the corporation, the word "Florida", the words "Corporation not for profit" and the year of incorporation.

2. MEMBERS.

a. Qualification. The members of the corporation shall consist of all the record owners of condominium units of CRESTON HOUSE CONDOMINIUM.

b. Change of Membership. After receiving the approval of the Association as required by the applicable Declaration of Condominium, change of membership in the Association shall be established by recording in the Public Records, a dead or other instrument establishing a record title to a condominium unit and the delivery to the corporation of a certified copy of such instrument of the Association; and the membership of the prior owner shall thereby terminate.

c. Voting Rights. The members of the Association shall be entitled to cast one vote for each condominium unit owned by them./p>

d. Designation of Voting Representative. If a condominium unit is owned by one person his right to vote shall be established by the record title to his condominium unit. If a condominium unit is owned by more than one person, the person entitled to cast the vote for the condominium unit shall be designated by a certificate signed by all the record owners of the condominium unit and filed with the Secretary of the Association. If a condominium is . owned by a corporation, the person entitled to cast the vote for the condominium unit shall be designated by a certificate of appointment signed by the President or Vice President and attested by the Secretary or Assistant Secretary of the corporation and filed with the Secretary of the Association. Such certificate shall be valid until revoked or until superseded by a subsequent certificate or until a. change in the ownership of the condominium unit concerned . A certificate designating the person entitled to cast the vote of a condominium unit may be revoked by any owner thereof.

e. Approval or Disapproval of Matters. Whenever the decision of a condominium unit owner is required upon any matter, whether or not the subject of an Association meeting, such decision shall be expressed by the same person who would cast the vote of such owner if at an Association meeting, unless the joinder of record owners is specifically required by the applicable Declaration of these By-Laws.

f. Restraint Upon Assignment of Shares in Assets. The share of a member in the funds and assets of the Association cannot be assigned, hypothecated or transferred in any manner except as an appurtenance to his condominium unit.

3. MEMBERS' MEETINGS.

a. Annual Members' Meeting. The annual members' meeting shall be held at the office of the Association at 10:00 a.m. Eastern Standard Time on the 3rd Saturday in April of each year for the purpose of electing Governors and for the transaction of such other business authorized to be transacted by the members. The annual meeting may be waived or the date thereof changed by agreement, in writing, of two-thirds of the members.

b. Special Members' Meetings. Special members' meetings may be called by the President, the Board of Governors, or members entitled to cast 75% of the votes of the entire membership.

c. Notice of All Member's Meetings. Unless a unit owner waives in writing the right to receive notice of the Annual Meeting, such notice shall be hand delivered, mailed or electronically transmitted to each owner not less than fourteen (14) days prior to the date of the meeting. Also, the notice shall be posted in a conspicuous place on the condominium property at least fourteen (14) days prior to the meeting. Proof of such mailing shall be given by affidavit of the secretary giving the notice. Notice of meeting may be waived before or after meetings.

d. Quorum. A quorum at members' meetings shall consist of persons entitled to cast a majority of the votes of the Association. The acts approved by a majority of those present at a meeting at which a quorum is present shall constitute the acts of the members, except where approval by a greater number of members is required by the applicable Declaration or these By-Laws. The joinder of a member in the action of a meeting signing and concurring in the minutes thereof shall constitute the presence of such member for the purpose of determining a quorum.

e. Proxies. Votes may be cast in person or by proxy. Proxies may be made by any person entitled to vote and shall be valid only for the particular meeting designated therein and must be filed with the Secretary before the appointed time of the meeting or any adjournment thereof. However, proxies may not be used to elect members of the Board of Governors.

f. Adjourned Meetings. If any meeting of members cannot be organized because a quorum has not attended, the members who are present either in person or by proxy, may adjourn the meeting from time to time until a quorum is present.

g. Order of Business. The order of business at annual-members meetings, and as far as practical at all other members' meetings, shall be:

(1) Calling of the roll and certifying of proxies.
(2) Proof of notice of meeting or waiver of notice.
(3) Reading and disposal of any unapproved minutes.
(4) Reports of officers,
(5) Reports of committees.
(6) Election of Governors.
(7) Unfinished business.
(8) New business.
(9) Adjournment.

4. BOARD OF GOVERNORS.

a. Membership. The affairs of the Association shall be managed by a Board of Governors.

(1) The number of governors shall be five.

(2) Each governor shall a person entitled to cast a vote in the Association.

b. Nominations. Not less than 60 days before a scheduled election, the Association shall mail, deliver, or electronically transmit to each unit owner entitled to a vote, a first notice of the date of election. Any unit owner desiring to be a candidate for the board must give written notice to the Association not less than 40 days before a scheduled election.

Candidates may submit a single page information sheet to the Association not less than 35 days before the election to be included with the ballot.

Association shall mail, deliver or electronically transmit not less than 14 days prior to the meeting a second notice of election to all unit owners together with a list of all candidates.

c. Election. Election of governors shall be conducted in the following manner.

(1) Election of governors shall be held at the annual members' meeting.

(2) The election shall be by secret ballot. There shall be no quorum requirement; however, at least 20 percent of eligible voters must cast a ballot in order to have a valid election of members of the board.

d. Removal of Governors. Any governor may be removed by concurrence of two-thirds of all the members of the Association.

e. Vacancies. All vacancies occurring between annual meetings of members shall be filled by appointment of a member entitled to vote by the remaining governors.

5. POWERS AND DUTIES OF BOARD OF GOVERNORS: All of the powers and duties of the Association existing under the Condominium Act, the Declaration of Condominium, the Articles of Incorporation and these By-Laws shall be exercised exclusively by the Board of Governors, its agents, contractors or employees, subject only to approval by condominium unit owners when such approval is specifically required. The powers and duties of the governors shall include but shall not be limited to the following, subject, however, to the provisions of the several Declarations of Condominium and these By-Laws:

a. Assessments. To make and collect assessments againt members to defray the costs and expenses of the condominium properties. The Board may allocate or apportion to particular buildings such costs and expenses as may be appropriate; and to make special assessments consistent with such allocation or apportionment.

b. Disbursements. To use the proceeds of assessments in the exercise of its powers and duties.

c. Maintenance. To maintain, repair, replace and operate the condominium properties.

d. Insurance. To purchase insurancel upon the condominium properties.

e. Reconstruction. To reconstruct improvements after casualty and further improve the condominium properties.

f. Regulation. To make and amend reasonable rules and regulations respecting the use of the property in the condominium in the manner provided by the Declarations of Condominium. Rules and Regulations of the Association, until amended, shall be as set forth in Exhibit "D" of the Declaration of Condominium.

g. Sound Absorbent Material. A Board approved sound absorbent material must be installed prior to the installation of a hard surfaced covering (ex. tile, wood) in second floor living-dining room and bedroom. The Board approval must be obtained in writing by the unit owner prior to the installation of the floor covering.

h. Management Contract. To contract for management of the condominium properties and to delegate to the contractor all powers and duties of the Association except those which are specifically required by the applicable Declaration of Condominium or these By-Laws which must have the approval of the board of governors or the membership of the Association or the owners.

i. Acquire Interests. To enter into agreements whereby it acquires leaseholds, memberships and other possessory or use interests in lands or facilities whether or not contiguous to the lands of the condominium intended to provide for the enjoyment, recreation or other use and benefit of the condominium unit owners and to declare expenses in connection therewith to be common expenses.

j. Enforcement. To enforce by legal means the provisions of the Condominium Act, the applicable Declaration of Condominium, the Articles of Incorporation, the By-Laws and the regulations for the use of the property in the Condominium.

k. Purchase Condominium Units. To purchase condominium units or other condominium parcels in the condominium, subject to the provisions of the applicable Declaration of Condominium. Any such purchase that occurs after October 1, 2004 may be sold upon recommendation of the Board of Governors and approval of 75% of the voting members.

6. OFFICERS.

a. Officers and Election. The executive officers of the Association shall be a President, who shall be a governor, a Vice President, who shall be a governor, a Treasurer, a Secretary and an Assistant Secretary, all of whom shall be elected annually by the Board of Governors and who may be peremptorily removed by majority vote of the governors at any meeting. Any person may hold two or more offices except that the president shall not also be the Secretary or an Assistant secretary. The Board of Governors shall from time to time elect such other officers and designate their powers and duties as the board shall find to be required to manage the affairs of the Association.

b. President. The President shall be the chief executive officer of the Association. He shall have all of the powers and duties which are usually vested in the office of the president of an association, including but not limited to the power to appoint committees from among the members from time to time, as he may in his discretion determine appropriate, to assist in the conduct of the affairs of the Association. He shall serve as chairman of all board and members' meetings.

c. Vice President. The Vice President shall in the absence or disability of the President exercise the powers and perform the duties of the President. He shall also generally assist the President and exercise such other powers and perform such other duties as shall be prescribed by the governors.

d. Secretary. The Secretary shall keep the minutes of all proceedings of the governors and the members. He shall attend to the giving and serving of all notices to the members and governors and other notices required by law. He shall keep the records of the Association, except those of the Treasurer, and shall perform all other duties incident to the office of secretary of an association and as may be required by the governors or the President. The Assistant Secretary shall perform the duties of the Secretary when the Secretary is absent. The duties of the Secretary may be fulfilled by an employee of the Association or by an employee of the Management Contractor, if any.

e. Treasurer. The Treasurer shall have custody of all property of the Association, including funds, securities and evidences of indebtedness. He shall keep the books of the Association in accordance with good accounting practices; and he shall perform all other duties incident to the office of Treasurer. The duties of the Treasurer may be fulfilled by an employee of the Association or by an employee of the Management Contractor, if any.

g. Indemnification of Governors and Officers. Every governor and every officer of the Association shall be indemnified by the Association against all expenses and liabilities, including counsel fees, reasonably incurred by or imposed upon him in connection with any proceeding to which he may be a party, or in which he may become involved, by reason of his being or having been a governor or officer of the Association, or any settlement thereof, whether or not he is a governor or officer at the time such expenses are incurred, except in such cases wherein the governor or office is adjudged guilty of willful misfeasance or malfeasance in the performance of his duties; provided that in the event of a settlement the indemnification herein shall apply only when the Board of Governors approves such settlement and reimbursements as being for the best interests of the Association. The foregoing rights of indemnification shall be in addition to and not exclusive of all other rights to which such governor may be entitled.

7. FISCAL MANAGEMENT. The provisions for fiscal management of the Association set forth in the applicable Declaration of Condominium shall be supplemented by the following provisions:

a. Accounts. The funds and expenditures of the Association shall be credited and charged to accounts under the following classifications as shall be appropriate:

(1) Current Expense. Current expense shall include all funds and expenditures to be made within the year for which the funds are budgeted and may include a reasonable allowance for contingencies and working funds. The balance in this fund at the end of each year shall be applied to reduce the assessments for current expense for the succeeding year or to reserves.

(2) Reserve for Deferred Maintenance. Reserve for deferred maintenance shall include funds for maintenance items which occur less frequently than annually.

(3) Reserve for Replacement. Reserve for replacement shall include funds for repair or replacement required because of damage, depreciation or obsolescence.

b. Budget. The board of governors shall adopt a budget for each calendar year which shall include the estimated funds required to defray the current expense and may provide funds for the foregoing reserves.

c. Assessments. Assessments against the condominium unit owners for their shares of the items of the budget shall be made for the calendar year annually in advance on or before December 20 preceding the year for which the assessments are made. Such assessment shall be due in 12 equal monthly payments, one of which shall come due on the first of each month of the year for which the assessments are made. If an annual assessment is not made as required, an assessment shall be presumed to have been made in the amount of the last prior assessment and monthly payments thereon shall be due upon the 1st day of each month until changed by an amended assessment. In the event the annual assessment proves to be insufficient, the budget and assessments therefore may be amended at any time by the Board of Governors. The unpaid assessment for the remaining portion of the calendar year for which the amended assessment is made shall be due on the first day of the month next succeeding the month in which such amended assessment is made or as otherwise provided by the board of governors.

d. Depository. The depository of the Association will be such banks and/or savings and loan associations as shall be designated from time to time by the board of governors and in which the monies of the Association shall be deposited. Withdrawals of monies from such accounts shall be only by checks signed by such persons as authorized by the board of governors. Provided, however, that the provisions of a management agreement between the Association and a manager or management contractor relative to the subject matter of this section shall supersede the provisions hereof.

e. Fidelity Bonds. Fidelity bonds shall be required by the board of governors from all persons or agents handling or responsible for Association funds. The amount of such bonds shall be determined by the Board of Governors. The premiums on such bonds shall be paid by the Association.

8. PARLIAMENTARY RULES. Roberts Rules of Order (latest edition) shall govern the conduct of the Association meetings when not in conflict with the Declaration of Condominium or these By-Laws.

9. AMENDMENT. The By-Laws may be amended in the manner set forth in the Declaration Section XIV.2.

10. MANAGEMENT AGREEMENT. The Association by and through its Board of Governors and officers may enter into management agreements. Each condominium unit owner, his heirs, successors and assigns, shall be bound by said management agreements to the same extent and effect as if he had executed said management agreements for the purposes herein expressed including but not limited to: (a) adopting, ratifying, confirming and consenting to the execution of said management agreement by the Association; (b} covenanting and promising to perform each and every provision of the covenants, promises and undertakings to be performed by condominium unit owners in the cases provided therefor in said management agreement; (c) ratifying, confirming and approving each and every provision of said management agreement and acknowledging that all of the terms and provisions thereof, including the manager's fee , are reasonable; and (d) agreeing that the persons acting as governors and officers of the Association entering into such agreement have not breached any their duties or obligations to the Association. It is specifically recognized that some or all of the persons comprising the original Board of Governors and the officers of the Association may benefit directly or indirectly under such agreement and such circumstances shall not and cannot be construed or considered as a breach of their duties and obligations to the Association, nor as possible grounds to invalidate the management agreement, in whole or in part. The management agreement, each and every provision thereof and the acts of the Board of Govenors and officers of the Association entering into such agreements be the same are hereby ratified, confirmed, approved, and adopted.

11. DEFINITIONS:

a. The definitions contained in the Condminium Act are hereby adopted to the extent that such definitions are applicable to these By-Laws.

b. The term "Developer" means Creston Investment and Development Corporation its successors and assigns.

c. The term "Creston House Condominium" means collectively those condominium properties which declarations are executed by the Developer and in which declarations the corporation is designated as operating entity.

d. The term "Association" "means Creston House Condominium Association, Inc.

e. The term "Condominium Unit" means a single residential unit in the condominium, and specifically excludes other non-residential condominium parcels such as private garages, meeting rooms, special purpose facilities, etc.

12. APPLICABILITY. In the event any portion of these by-laws are found to be in violation of State of Florida Statutes, the Board of Governors by majority vote may amend that portion of the by-laws so that it is in compliance with state law.

13. PETS. Only Association members may have pets on the premises, but they must be confined to the owner's unit and the perimeters of the property. Pets must be on a leash at all times when outside the owner's unit. Under no circumstances are pets allowed in the courtyard or pool area.

14. REPAIRS. The Association is responsible for the support structure of the buildings including the support walls, structural slabs, roof and load-bearing columns and for pipes that serve more than one unit. The Association also is responsible for repair/replacement of the dry board (sheetrock) if damage occurs as a result of structures of which the Association is responsible.

The unit owner is responsible for dry board (sheetrock) if damage occurs as a result of structures of which the Association is not responsible and for all wall and ceiling (wallpaper, popcorn, paint) and all floor (carpet, wood, tile) coverings.

If damage occurs to one unit which originated in another unit, the owner of the unit where the problem originated is responsible for the costs in repairing the damage to the other unit (not to include furnishings, personal items).

This Bylaw is based on the premise that all owners carry adequate insurance. The owners of the damaged unit will have their insurance cover as much of the costs of the damage as possible. The owner of the unit where the problem originated shall pay the deductible and any costs not approved by the insurance adjuster (not to include furnishing and personal items ) up to a maximum of $2000.00

Rules and Regulations of the Association

Amended rules and regulations were included in the ammendment to our By-laws in 2005. Other rule documents can be found on the HOA website, but it's not clear what is actually official and binding. Work will be done to clarify this and then a unified, transcribed view will be added below.

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