HomeMy WebLinkAboutDocumentation_Regular_Tab 06E_09/12/2002 �I
�
INTEROFFICE MEMORANDUM
TO: MICHAEL R COUZZO, JR.; VILI,AGB MANAGER
FROM: JEFFERY C. NEWELL, GOMMUNITY DEVELOPMENT
SUBJECT: TEQUESTA CAY, FINAL PLAT APPROVAL
DATE: 9/3/2002
CC:
............................................................................................................................................•••........................................._..........•-•.................................._,...............................
Centex Hornes, Inc. has submitted final documents (declarations and final plat) for Viliage Council approval of the
final plat. Centex Homes (Tequesta Cay) has elected under A�cle II, section (5), "I'racedure following tentative
approval of the final plat by the Village Council."
Art. II, sec. (5)(1): upon the finding of the Village Council that the subdivider has complied with the
applicable state, county, and Village laws and the provisions of these regulafiions, and said council has
given tentative approval to the final plat, the subdivider shall install all require improvements
irrunediatelp or deposit either of following surery alternatives.
Art. II, sec. (5)(G�: estimates for the cost of said improvements shall be provided bq the subdivider,
which sha11 have been cerGified by a licensed engineer, registered in the State of F7orida.
Axt. II, sec (5)(2): following receipt of t�ie suxery deposit or norificarian by the bp the Village staff
rhat all improvemeuts have been installect, whichever, occurs first, the Village Council ma.y give fi�tial
approval to the final plat and cause said plat to be properly executed.
The "tentative approval of final plat" for Tequesta Cay occurr.ed at the Aup,ust 8, 2002, public hearing. The developer
has since provided the Village of Tequesta with a letter of credit and the �ngineer's certification o£ the improvements.
A review of the "Declararions" has been conducted by the Village Attorney and the Director of Community
Development and has been approved for content and legal form. All the necessary changes have been incorporated
and confirmed.
St�'f , onse: The Village is in re�eipt of the letter af c�:edit and the engineer's certified cost of improvements, staff
concludes that all the determinations for the approval have been satisfied.
RetutTt to: enclose -add �
( self ressed stamped envelope)
Namea , ,�
, - t,
Addaess: �`,' , � " '
This Instrument Prepaaed by:
Ivla�k F. Gratxt, Esq.
Ruden. McClosky, Smith
Schuster & Russell, P.A.
200 East Broward Boulavard
15th Floor
Fort Lauderdale, Florida 33301
SPACE ABOVE THIS LINE FOR PROCESaI1vG DATA SPACEABOV�THISLINEFORPROC'ESSINGDATA
DECLARATION OF CONDOMINIUM
OF
TEQUESTA CAY, A CONDOMINIUM
CENTEX HOMES, a Nevada general partnership ("Developer"), as owner in fee simple of
the "Land" (as hereinafter defined), whose principal of�ice is located at 8198 Jog Road, Suite 200,
Boynton Beach, FL 33437, hereby makes this Declaration of Condominium of Tequesta Cay, a
Condorrunium ("Declaration") to be recorded amongst the Public Records of Palm Beach County,
Florida ("County"), where the Land as located, and states and declares:
1. SUBMISSION STATEMENT
Developer is the owner of record of the "Condominium Property" (as hereinafter defined) and
does hereby submit "Phase 3" (hereinafter referred to as the "Irutial Phase") to condomiruum
ownership pursuant to the Condominium Act, Chapter 718, Florida Statutes, as amended tha�ough the
date of recording this Declaration amongst the Public Records of the County ("Act").
2. NAME
The name by which the condominium created hereby ("Condominium") and the Condominium
Property are to be identified is:
TEQUESTA CAY, A CONDOM[NIUM
3. PHASE CONDOl��NIUM - LAND
The land which will have become part of the Condominium Property when, as and if all ofthe
"Phases" (as hereinafter defined) are added to the Condomiruum Property is described in Exlubit A
("Land") attached hereto and made a part hereof. The legal description of the portion of the Land
NAP:26016:5 1
("Initial Phase Land") constituting "Phase 3" of the Condominium Properiy is set forth on E�ibit B-3
attached hereto and made a part hereof. The legal descriptions of the portions of the Land
constituting each "Subsequent Phase" (as hereinafter defined) of the Condominium Property are set
forth on Exhibits B-1, B-2 and B-4 through B-?, inclusive, attached hereto and made a part hereof.
4. DEFINITIONS
The terms contained in this Declaration sha11 have the meanings given in the Act and, for
clarification, the following terms have the following meanings:
4.1. "Act" meams the Condominium Act, Chapter 718, Florida Statutes, as amended
tivro�gh the date of recording this Declara�ion amongst the Public Records of the County.
4.2. "Architectural Review Committee" or "ARC" means the cotninittee established by the
Board and described in Section 17 hereof.
4.3. "Articles" means the Articles of Incorporation of the Association, attached as
E�hibit C and incorporated herein by reference.
4.4. "Assessments" means the assessments for which all Home Owners are obligated to the
Association pursuant to the Act, as well as common law assessments which are creat�ed by this
Declaration and are covenants running with the land, and include:
4.4.1. "Annual Assessment," which includes, but is not limited to, each Home
Owner's annual share of funds required for the payment of "Common Expenses," as determined in
accordance with this Declaration; and
4.4.2. "Special Assessments," which include any Assessments levied by the Board in
addition to the Annual Assessment and are more particularly described in Paragraph 21.11 herein.
4.5. "Association" means Tequesta Cay Condominium Association, Inc., a Florida
corporation not for profit, responsible for operating the Condominium or any other Condorruniums
which may be created in Tequesta Cay.
4.6. "Boaxd" means Board of Directors of the Association.
4.7. "Bylaws" means the Bylaws of the Association, attached hereto as Exhibit D and
incorporated herein by reference.
4.8. "Common Elements" means:
4.8.1. The Condomiruum Property, other than the Homes;
NAP:26016:5 2
4.8.2. Easements through the Homes, as applicable, for conduit ducts, plumbing,
wiring and other facilities for furrushing of utility services to Homes and the Common Elements;
4.8.3. An easement of support in every portion of a Home which contributes to the
su�port of a"B�ild��g" (as hereinaf�er defined) s�bmitted to condominium ownership;
4.8.4. Property and installations required for the furnashing of utility services and
other services for more than ane Home, the Common Elements, or a Home other than the Home
containing the installation; and
4.8.5. Such portion or portions of the Land, when, as and if same are submitted to
condominium ownership.
4.9. "Common Expenses" means expenses for which the Home Owners are liable to the
A$sociation as defined in the Act and as described in the Condomiruum Documents and include:
4.9.1. The expenses £or the operation, maintenance, repair or replacement of the
Common Elements, costs of carrying out the powers and duties of the Association, cost of fire and
extended coverage insurance, and security services, if any;
4.9.2. Any other expenses designated, not inconsistent with the Act, as Common
Expenses �rom time to time by the Board.
4.10. "Corrunon Surplus" means the excess of receipts of the Association co�lected on behalf
of Tequesta Cay Condominium(s) (including, but not limited to, assessments, rents, profits and
revenues, on account of the Cammon Elements) over the Common Expenses.
4.11. "Condominium" means that portion of the Land in Tequesta Cay described in Exlubit
A attached hereto and the improvements thereon being submitted to condominium ownership
pursuant to this Declaration as the same may be amended from time to time.
4.12. "Condominium Documents" means in the aggregate this Declaration, the Articles,
Bylaws, any rules and regulations promulgated by the Association and all of the instruments and
documents referred to therein and executed in connection with this Condominium.
4.13. "Condominium Property" means the real property subrrutted to condominium
ownership as part of the Condominium and all improvements thereon, including, but not limited to,
the Homes and the Common Elements. The easements described and set forth in this paragraph are
intended to comply with Section 718.104(4)(m) of the Act. Notwithstanding anything contained
herein to the contrary, however, the term "Condominium Property" shall not include any
telecommunications lines and equipment owned by a utility and/or telecommunication firm(s) and/or
NAP:26016:5 �
other legal entity(ies) which have contracted with or have imposed other legal requirements upon
Developer andJor the Association to provide a utility or telecommunications service and/or equipment
nor shall Condominium Property include telecommunications equipment, if any, owned by De�veloper,
the title to which is hereby specifically reserved unto Developer, its successors and/or assigns. Na
portion of the land within any Subsequent Phase sha11 be included in the term "Condorrunium
Property" until and unless such Subsequent Phase is submitted to condorninium ownership by
amendment to this Declaration.
4.14. "County" means Palm Beach County, Florida.
4.15. "Developer" means Centex Homes, a Nevada general partnership, its grantees,
corporate successors and assigns. Developer shall have the right to assign any and all of the rights
and privileges reserved for Developer under this Declaration. �1 Home Owner shall not, solely by the
purchase of a Home, be deemed a successor or assign of Developer or of the rights of Developer
under the Condominium Documents unless such Home Owner is specifically so designated as a
successor or assign of such rights in the instrument of conveyance or any other instrument executed
by Developer.
4.16. "Declaration" means this document and any and a11 amendments hereto.
4.17. "Home" means "Unit" as described in the Act and is that portion of the Condominium
Property within the Condominium which is subject to exclusive ownership.
4.18. "Home Owner" means "Unit Owner" as set forth in the Act and is an owner of a
Home.
4.19. "Institutional Mortgagee" means any lending institution havuig a mortgage lien upon a
Home, including, but not lirruted to, any of the following institutions or entities: (i) a federal or state
savings and loan association or bank doing business in the State of Florida or a life insurance
company doing business in Florida which is approved by the Commissioner of Insurance of ths State
of Florida, or bank or real estate investment trust, or a mortgage banking company licensed to do
business in the State of Florida, or any subsidiary thereof licensed or qualified to make mortgage
loans in the State of Florida or a national banking association chartered under the laws ofthe United
States of America; or (ii) any and all investing or lending institutions ("Lender") wluch have loaned
money to Developer in order to enable Developer to acquire, or construct improvements upon, any
portion of Tequesta Cay and wlvch holds a first mortgage upon such portion of Tequesta Cay as
security for such loan; or (iii) any pension or profit sharing funds qualified under the Internal Revenue
Code; or (iv) the Veterans Administration or the Federal Housing Administration or the Department
of Urban Development or other lenders generally recognized in the community as ins�titutional
lenders; or (v) such other Lenders as the Board shall hereafter designate as such in writing which have
acquired a mortgage upon a Home; or (vi) any "Secondary Mortgage Market Institution", including
Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, and such
NAP26016:5 4
other Secondary Mortgage Market Institution as the Board sha11 hereafter designate as such in writing
wl3ich �as acq�ired a mortgage upon a Home; or (vii) Developer, its successors and assigns.
4.20. "Interest" means the maximum nonusurious interest rate allowed by law on the subject
debt or obligation and, if no such rate is designated by law, then eighteen percent (18%) per annum.
4.21. "Legal Fees" means: (i) reasonable fees for attorney and paralegal services incurred in
negotiation and preparation for litigation, whether or not an action is actually begun, through and
including a11 trial and appellate levels and post judgment proceedings; and (ii) court costs through and
including all trial and appellate levels and post judgment proceedings.
4.22. "Limited Common Element" means those Common Elements which are reserved for
th� use of certain Homes to the exclusion of other Homes as more particularly described in
Paragraphs 5.3 and 6.2 hereof.
4.23. "List�d Mortgagee" means the holder, insurer, or guarantor of a mortgage
encumbering a Hoane of which the Association has been notified pursuant to Paragraph 29.4 herein.
4.24. "Owner" or "Home Owner" means "Unit Owner" as defined in the Act, and is the
otiuner af a Hor�e.
4.25. "Phase" or "Phases" means that portion of the Land and improvements thereon, as
contemplated by Section 718.403 of the Act, which may becoane part of the Condorrunium Property
by recording this Declaration or an amendment hereto.
4.26. "Public Records" means the Public Records of the County.
4.27. "Subsequent Phases" me�ns those portions of the Land and improvements thereon,
other than the Irutial Phase, which Developer anay, but shall not be obligated to, submit to the
Condominium Property, in whole or in part, and sha11 consist of Phases B-1 and Bm3 through B-17,
inclusive.
4.28. "Tequesta Cay" means the name given to the planned residential development which is
currently being developed by Developer, and which is planned to contain fifty-eight (58) Homes in six
(6) residential phases, one (1) of which is to contain a two (2)-story residential building with eight (8)
Homes and five (5) which are each to contain a two (2)-story residential building with ten (10)
Homes; and Phase 7 consisting ofthe "Recreational Area" (as hereinafter defined) and other Common
Elements, certain drives, parking areas, landscaped areas, and storm water management system.
5. DESCRIPTION OF IMI'ROVEMENTS - IIVITIAL PHASE
5.1. Description of Improvements - Initial Phase.
NAP:26016:5 5
The portion of the land and improvements ("Initial Phase") being submitted to
cqndom�nium ownership pursuant to this Declaration is described on the "Initial Phase Survey" (as
hereinafter defined). The improvements in the Initial Phase include one (1) two (2)-story residential
building ("Building"} which contains ten (10) Homes each of which is designated as described in
Article 5.2.2; and certain road, landscaping and parking areas; and easement rights in certain property
wktl�in the Co�dominium.
5.2. Initial Phase Survey.
5.2.1 Annexed hereto as E�ibit B-3 and made a part hereof is the Survey, Plot Plan
and Grapluc Description of Improvements for the Initial Phase which includes a survey of the land in
the Itutial Phase, graphic description of the improvements in which the Homes and the Common
Elements are located and plot plan thereof (all of wluch are herein collectively referred to as the
"Initial Phase Survey"). The Initial Phase Survey shows and �dentifies thereon the Common Elements
and every Home, their relative location and approximate dimensions. There is attached to the Initial
Phase Survey and made a part of this Declaration certificate of a surveyor prepared, signed and
canfo�ng vui�h �he requirements of S�ction 718.104(4)(e) of the Act.
5.2.2. Description and Identification of Homes. The Homes in Phase 3 shall be
identified by a number (representing the Phase) and a three digit number (e.g. 3101) and is so referred
to herein and in the Exhibits hereto. No Home in any Subsequent Phase which is added to the
Condominium Property shall bear the same identifying number as any other Home in the
Condominium.
5.3 Limited Common Elements.
5.3.1 Covered Patios/Covered Balconies. Each area shown as a"Covered Patio" or
"Covered Balcony" on a Phase Survey shall be a part of the Home to which it is adjacent, which
Covered PatiolCovered Balcony shall be mainta�ned by the Home Owner as well as any sliding doors
or screens adjacent to or part ofthe Covered Patios/Covered Balconies. In the event a repair related
to the construction of the Covered PatiolCovered Balcony is required, the Association shall be
responsible for such repair. If the Home Owner of the Home installs a covering on the surface of the
Covered Patio/Covered Balcony, such as but not limited to tile, then the covering shall remain the
personal property of such Home Owner and the Association shall not be responsible for any damage
to such personal property in connection with any repair to the Covered Patio/Covered Balcony.
Notwithstanding anything herein to the contrary, the Association shall be responsible for any pa,urting
of the exterior walls of the Covered Patios/Covered Balconies.
5.3.2 Covered Entry. Each area shown as a"Covered Entry" on the Phase Surveys
shall be a Limited Common Element reserved for the exclusive use of the Home Owner(s) of the
Home(s) adjacent thereto, which Covered Entry shall be maintained by the Association.
NAP:26016:5 6
5.3.3 A/C Land. The A/C Land in eaeh Phase upon which is situated all air
conditioning equipment located outside a Home, including the compressors located adjacent to the
Building in which the Home is located and the coolant lines between such compressors and the Home,
shall be a Litnited Common Element for the exclusive use of the Home served thereby. The air
conditioning equipment itself sha11 be owned, maintained, repaired and replaced by each Home Owner
whose Ho�e is served thereby.
5.3 .4 Parking. Each area shown on the Phase Surveys as "Parking", which is limzted
to the amount o£ space required to park a vehicle, shall be a Limited Common Element reserved for
the exclusive use of the Home Owner of the Home adjacent thereto, and sha11 be maintained by the
Assoczatian.
5. 3. 5 Garages. The "Garage" shown on the Phase Surveys for each Home shall be a
Lirruted Common Element reserved for the exclusive use of the Home Owner of such Home. The
Home Owner sha11 maintain the garage door and appurtenant equipment and the interior of the
ga.zage; the exterior of the garage shall be maintained by the Association.
5.3 . 6 Driveways. The Association, or any resident of Tequesta Cay with the written
approval of the Association, may to construct one or more of the "Optional Expanded Driveways" as
depicted on the Village of Tequesta's Approved Site Plan for Tequesta Cay (as prepared by Gent�le
Hplloway, & O'Mahoney, latest revision date March 25, 2002), conditioned upon the approval by the
Village of Tequesta Council of a building pernnit application for said construction. The Village
Council sha11 have sole discretion to determine whether to grant such request. The cost to prepare,
submit, and gain Village of Tequesta approval for said construction, as well as the cost of the
construction, shall be the obligat�on o��he Association, or resident, exercising this right.
6. DESCRIPTION OF IMPROVEMENTS IN SUBSEQUENT PHASES
6.1. Subsequent Phases.
6.1.1. Condominium Property. Developer is developing the Condominium Property
as a phase condominium as provided for by Section 718.403 of the Act. In addition to the portion of
the Land and improvements described on the Initial Phase Survey being submitted to condorrunium
ownership pursuant to this Declaration, Developer contemplates that all or a portion of the
Subsequent Phases may, by amendment or amendments hereto, be added to the Condominium
Property as an additional Phase or additional Phases. If, as and when Subsequent Phases are added,
the Condominium Property shall be enlarged and expanded so as to encompass and include the re�l
property, the improvements thereon, and the easements and rights appurtenant thereto which are
submitted to condorruruum ownership as parts of such Subsequent Phase or Phases, and each
Subsequent Phase added to the Condominium Property will utilize the Surface Water Management
System (as hereinafter defined) pernutted by the South Florida Water Management District.
NAP:26016:5 �
6.1.2. Subsequent Phase Surveys. Annexed hereto as Exhibits B-1, B-2 and B-4
through B-7, inclusive, are the surveys, plot plans and grapl7ic descriptions of improvements for
Phases 1, 2 and 4 through 7("Phase l Survey," "Phase 2 Survey," "Phase 4 Survey," etc.).
Notwithstanding any indications to the contrary herein contained, Developer may make nonmaterial
changes in the description(s) of any Subsequent Phase more particularly described on the Phase 1
Survey, Phas� 2 Survey, Fhase 4 Survey, etc. (collec�ively, the "Subsequent Phase Surveys").
6.1.3. Minimums and Ma�mums. While at the time of recordation of this
Declaration, Developer plans to include the number of Homes in each Subsequent I'hase intended to
contain Homes as set forth in the £ollowing chart, the Act requires that the Declaration also set forth
the minimum and ma�mum number of Homes wluch Developer reserves the right to add in each
Subsequent Phase, wluch information is set forth in the following chart:
Home
Phases Developer's Minimum Number Ma�mum Number
Plans (for of Homes of Homes
each Phase) in each Phase in each Phase
1 8 8 9
2-6 10 10 12
While Developer plans that the general size for each Unit A Home in the Offered
Condominium will be approximately one thousand thirty-six (1,036) air-conditioned square feet, Unit
B Homes will be approximately one thousand two hundred ten (1,210) air-conditioned square feet,
U�it C Homes will be appro�mately one thousand four hundred seventeen (1,417) air conditioned
square feet, Unit D Homes will be appro�mately one thousand seven hundred seventy seven (1,777)
air conditioned square feet, Unit E Homes will be approximately one thousand seven hundred seventy
six (1,776) air conditioned square feet, and Unit DR Homes will be appro�mately one thousand rune
hundred fifty four (1,954) air conditioned square feet, Developer reserves the right to include Homes
ranging in size from a mitumum of eight hundred twenty-nine (829) square f�et to a ma�mum of two
thousand three hundred forty four (2,344) square feet.
6.1.4. Description and Identification of Homes. Each Building in any Subsequent
Phase containing Homes, if any such Subsequent Phase is submitted to the Condominium Property
pursuant to a Subsequent Phase amendment, sha11 be identified by a number (representing the Phase)
and a three digit number (e. g. 1101) and is so referred to herein and in the Exhibits hereto. No Horrie
in any Subsequent Phase which is added to the Condominium Property shall bear the same identifying
number as any other Home in the Condominium.
6.2. Limited Common Elements.
NAP26016:5 8
6.2.1. Covered Patios/Covered Balconies. Each area shown as a"Covered Patio" or
"Covered Balcony" on a Phase Survey shall be a part of the Home to which it is adjacent, which
Covered Patio/Covered Balcony shall be maintained by the Home Owner as well as any sliding doors
or screens adjacent to or part ofthe Covered Patios/Covered Balconies. In the event a repair related
to the construction of the Covered Patio/Covered Balcony is required, the Association shall be
re�ponsible for such repair. If the Hame Owner of the Home installs a covering on the surface of the
Covered Patio/Covered Balcony, such as but not limited to tile, then the covering shall remain the
personal property of such Home Owner and the Association shall not be responsible for any damage
to such personal property in connection with any repair to the Covered Patio/Covered Balcony.
Notwithstanding anything herein to the contrary, the Association shall be responsible for any painting
�f the exterior wa11s of the Covered PatiosiCovered Balconies.
6.2.2. Covered Entry. Each area shown as a"Covered Entr�' on the Phase Surveys
shall be a Limited Common Element reserved for the exclusive use of the Home Owner(s) of the
Home(s) adjacent thereto, which Covered Entry shall be maintained by the Association.
6.2.3. A/C Land. The A!C Land in each Phase upon which is situated all air
conditiorung equipment located outside a Home, including the compressors lacated adjacent to the
Building in which the Home is located and the coolant lines between such compressors and the Home,
sha11 be a Limited Common Element for the exclusive use of the Home served thereby. The air
conditioning equipment itself shall be owned, maintained, repaired and replaced by ea�h Home Owner
whose Home is served thereby.
6.2.4. Parking. Each area shown on the Phase Surveys as "Parking", which is limited
to the amount of space required to park a velucle, sha11 be a Limited Common Element reserved for
the exclusive use of the Home Owner of the Home adjacent thereto, and sha11 be maintained by the
Association.
6.2.5. Gaxages. The Garage shown on the Phase Surveys for each Home sha11 be a
Limited Common Element reserved for the exclusive use of the Home Owner of such Home. The
Home Owner shall ma.inta.in the garage door and appurtenant equipment and the interiar af the
garage; the exterior of the garage shall be maintained by the Association.
6.3 Subsequent Phase Containing Eight Homes
Subsequent Phase 1, if added to the Condominium Property pursuant to this
Declaration by an amendment hereto, is intended to consist of the real property more particul�rly
described in the Survey attached hereto for such Phases and made a part hereof, the improvements of
which are intended to include one (1) two (2)-story residential building ("Building") containing, in
addition to the Corrunon Elements therein, eight (8) Homes, and the Common Elements shown on the
Survey. The Survey (as revised prior to the recordation of the Amendment adding such Phase) shall
be attached to the Amendment adding such Phase. Developer sha11 provide no items of personal
NAP:26016:5 9
property for the Common Elements within these Phases. If such Phases are submitted to the
Cond�minium Property pursuant to an Amendment, such Phases will be completed and the respective
Amendments will be recorded amongst the Public Records no later than the later to occur of (i) seven
(7) yeaxs from the date of recordatian hereof or (ii) the maximum time allowed by law.
6.4 Subsequent Phases Containing Ten Homes
Subsequent Phases 2 and 4 through 6, if added to the Condominium Property pursuant
to this Declaration by an amendment hereto, are intended to consist of the real property more
particularly described in the Surveys attached hereto for such Phases and made a part hereof, the
impravements of which are intended to include, as to each Phase, one (1) two (2)-story residential
building ("Building") containing, in addition to the Common Elements therein, ten (10) Homes, and
the Coanmon Elements shovvn on the Su� The Surv�y (as revised prior to the recordation of the
Amendment adding such Phase) shall be attached to the Amendment adding such Phase. Developer
shall provide no items of personal property for the Common Elements within these Phases. If such
Phases are subanitted to the Condominium Property pursuant to an Amendment, such Phases will be
completed and the respective Arnendments will be recorded arnongst the Fublic Records no later than
the later to occur of (i) seven (7) years from the date of recordation hereof or (ii) the maximum time
allo�ved by law.
6.5. Phase 7
Phase 7, if added to the Condorruruum, is intended to consist of the real property
� 66 �hase � Land") and improvements located thereon more particularly described in the Survey of the
1'hase 7 Master Association Property (hereinafter referred to as the "Phase 7 Survey") attached
hereto as Exhibit B-7 and h�reby made a part hereof, all of which shall be Common Elements when
and if Phase 7 is added to the Condominium Property as hereinafter set forth. The improvements to
be located in Phase 7 are intended to include the Recreation Area, certain drives, parking areas,
landsc�.ped areas, and the storm water management system ("Storm Water Management Systerri")
within Tequesta Cay, all as depicted on the I'hase 7 Survey. Phase 7 shall not contain any Homes. If
such Phase is submitted to the Condominium Property pursuant to an Amendment, such Phase will be
completed and the Amendment will be recorded amongst the Public Records no later than the later to
occur of (i) seven (7) years from the date of recordation hereof or (ii) the ma�murn time allowed by
law. The Association and the Home Owners agr�e to accept the roadways, gutters and curbs as
installed so long as the County accepts them in their approval process and the roads, gutters and
curbs work for their intended purpose. Cracks in the roads, gutters and sidewalks aa normal and will
not be considered to be defects. Ponding following periods of heavy rain �n areas �vhich are designed
as and are part of the drainage plan will occur.
RECREATIONAL FACILITIES MAX BE EXPANDED OR ADDED WITHOUT
T�iE CONSENT OF THE HOME OWNERS OIZ THE ASSOCIATION.
NAP:26016:5
10
6.6. Changes in Subsequent Phases.
Notwithstanding any indications to the contrary herein conta.ined, descriptions relating
to I'hases or Exhibits referred ta in this Article 6 or Articles 5 or 7 hereof, including, but not limited
to, legal, graphic, numerical, narrative and the like, are approximations. To the fullest extent
perm�tted by law, Developer reserves the right to change such descriptions as to a Phase by recording
an amendment hereto until such time as Developer conveys a Home in such Phase to a Home Ot�vner.
Such an arnendment shall not require the execution thereof by the Association, Institutional
Mortgagees or any other person, persons or entity unless: (i) Developer changes the proportaon by
w�ich a Home Owner, other than Developer, shares the Common Expenses and the Common Surplus
or owns the Comanon Elements, in which event such Home Owner whose share of Common
Eleinents, Common Expenses and Common Surplus is being so changed and the Institutional
Mortgagees of record holding mortgages on the aff'ected Home must consent in writing thereto; or
(ii) such change materially and adversely affects a Home Owner as determined by Developer in the
reasonable discretion �f Develop�r, in which event such Home Owner and the Institutional
1Vlortgagee of rect�rd holding the mortgage on the affected Home must consent thereto in writing or
such amendanent must be adopted in accordance with Article 27 hereof.
6.7. Addition of Subsequent Phases - No Prescribed Order.
Notwithstanding the numerical sequence of the Subsequent Phases or any inferer�ce
that can be drawn therefrom or from any other provision of the Condominium Documents, Developer
reserves the right to submit Subsequent Phases to the Condominium Property in any sequence,
provided, hovvever, that there sha11 be submitted as a portion ofthe Common Elements, if necessary,
an easement providing means of ingress and egress from and to any Subsequent Phase which is
subr�itted to the C��domiruum Froperty to and from public ways, including dedicated streets.
7. P�iASE DEVELOPNIENT
7.1. Impact of Subsequent Phases on Initial Phase.
7.1.1. Common Elements of Initial Phase. The Common Elements as shown on the
Initial Phase Survey and included in the Initial Phase will be owned by a11 Home Owners in all Phases
submitted to the condominium form of ownershzp as a portion of the Condominium P�operty pursuant
to this Declaration and amendments hereto, if any.
7.1.2. Subsequent Phase Not Added. If any Subsequent Phase does not become part
of the Condominium Property, no portion of such Subsequent Phase (including, but not limited to, the
portion which would have constituted the Common Elements) shall become a part of the
Condominium Property.
rva�sor�
11
7.1.3. Common Ele�nents of Subsequent Phases. If any Subsequent Phase is added to
and does become a part ofthe Condominium Property, then all of the Common Elements constituting
a portion of such Subsequent Phase sha11 become a part of the Common Elements of the
Condominium Property, with such Common Elements being owned in undivided shares by all Horrie
Owners in all Phases then and thereafter constituting a partion of the Condominium.
7.1.4. Share of Ownership Upon Subraiission of Only Initial I'hase. If only the Initial
Phase is subirutted to the Condominium Property pursuant to this Declaration, there will be ten (10)
Homes in the Condominium, each having as an appurtenance thereto one (1) vote in the Association
and an equal undivided share of ownership in the Common Elements.
7.1.5. Share of Ownership Upon Submission of Subsequent Phase. If any
Subsequent I'hase, in addition to the Initial Phase, is subrrutted to the Condominiuzn Property, then
each Home in all Phases submitted to the Condominium Property shall have as appurtenances thereto
one ( l) vote in the Association and an equal undivided share of ownerslup in the Common Elements.
If all Subsequent Phases are submitted, as planned, to condominium ownerslup as a portion of
Condominium Property pursuant to an amendment or amendments to this Declaration, the total
number of Homes shall be fifty-eight (58). The nurriber of Homes planned to be included in each
Subsequent Pha.se if, as and when added to the Condorrunium, is set forth in Article 6 hereof
7.2. Withdrawal Notice.
Developer, in its absolute discretion, reserves the right to add or not to add any or all of the
Subsequent Phases as part of the Condorninium Property. Hence, notwithstanding anything contained
in this Declaration to the contrary, no portion of any Subsequent Phase shall be affected or
encumbered by this Declaratzon unless and until such Subsequent Phases are added to the
Condominium Property by amendment to this Declaration recorded amongst the Public Records.
Notwithstanding the fact that the foregoing portion of this Paxagraph 7.2 is self-operative, if
Developer determines not to add any or all Subsequent Phases to the Condominium Property,
Developer may, in addition to any action otherwise required by the Act, record amongst the Public
Records a notice ("Withdrawal Notice") to the ef�ect that such Subsequent Phase or Subsequent
Phases shall not be added to the Condomiruum Property. Further, should Developer record amongst
the Public Records a Withdrawal Notice with respect to one (1) or more, but not all, of the
Subsequent Phases, Developer shall retain the right to record additional Withdrawal Notices with
respect to any or all of the Subsequent Phases which were not submitted to th� Cc�ndominium
Property and are not covered by any prior Withdrawal Notice. Notwithstanding anything contained
herein to the contrary, in the event Developer records amongst the Public Records one (1) or more
Withdrawal Notices, then Developer shall have all rights permissible by law with respect to ownership
of the Subsequent Phases covered by any and a11 such Withdrawal Notices, including, but not limited
to, the right to develop such Subsequent Phase and/or Subsequent Phases as one (1) or more separate
condozniniums.
NAP:26016:5 12
8. UNDIVIDED SHARES 1N COMNION ELEMENTS
8.1. Appurtenance.
8.1.1. Ownership of the Cornmon Elements and Membership in the Association. Each
Home shall have as an appurtena,nce thereto one (1) vote in the Association and an equal undivided
share of ownership in the Comrnon Elements. As each Subsequent Phase is added to the
Condominium, each Unit's percentage interest in the Coflnmon Elements will decrease based upon the
number of Units in the Subsequent Phase being added to the denominator.
�.12. Right to Use Common Elements. Each Home shall have as an appurtenance
the� the right to use all of the Common Elements and Condominium Property of this
Condoralinium in accordance with the Condorninium Documents and subject to any limitations set
forth in such Condominium Documents.
8.2. Share of Common Expenses and Common Surplus.
The Common Expenses shall be shared and the Common Surplus sha11 be owned in
proportion to each Home Owner's share of ownership of the Common Elements.
9. VOTING INTERESTS
9.1. Voting Interest.
The Home Owner or T-iome Owners, collectively, of the fee simple title of record for
each Home shall have the right to one (1) vote per I-�ome ("Voting Interest") in the Association as to
matters on which a vote by Home Owners is taken as provided under the Condominium Documents
and the Act, regardless of the number of Phases which have been added to the Condominium
Property or the number of condominiums wtuch have been created witlun T�questa Cay, as to the
matters on which a vote by the Home Owners is taken as provided in the Condominium Doc�mea�ts
and the Act.
9.2. Voting By Corporation or Multiple Home Owners.
The Voting Interest of the Home Owners of any Home owned by more than one (1)
person, a corporation or other entity, or by one (1) person and a corporation and/or other entity, or
by any combination of the aforesaid, sha11 be cast by the person ("Voting Member") named in a
"Voting Certificate" signed by all of the Home Owners of such Home or, if appropriate, by properly
designated officers, principals or partners of the respective legal entity which owns the Home and
filed with the Secretary of the Association. If a Voting Certificate is not on file, the Voting Interest
associated with a Home where the designation of a Voting Member is required sha11 not be
considered in determining the requirement for a quorum or for any other purpose.
NAP:26016:5 13
9.3. Ownership by Husbaa�d and Wife.
Notwithstanding the provisions of Paragraph 9.2 above, whenever any Home is owned
solely by a husband and wife they may, but shall not be required to, designate a Voting Member. In
the ev�nt a Voting Certificate designating a Voting Member is not filed by the husband and wife, the
fol�o�ving pro�isions shall govern th��r right to vote:
(i) Where both husband and wife are present at a meeting, each shall be regarded
as the agent and proxy for the other for purposes of casting the Voting
Interest for each Horne owned solely by th�m. In the event they are unable to
concur in their decision upon any subject requiring a vote, they shall lose their
right to exercise their Voting Interest on that subject at that meeting.
(ii) Where �nly one (1) spouse is present at a meeting, the spouse present may
exercise the Voting Interest of the Home without establishing the concurrence
of the other spouse, absent a,ny prior w� notice to the contrary to the
Association by the other spouse. In the event of prior written notice to the
contrary to the Association by the other spouse, the vote of said Home shall
not be considered in determining the requirement for a quorum or for any
other purpose unless such prior notice to the contrary has been withdrawn by
a subsequent v�ritten notice executed by both husband and wife.
(iii} Where neither spouse is present, the person designated in a proxy signed by
either spouse may exercise the Voting Interest of the Home, absent any prior
wr;tten notice to the contrary to the Association by the other spouse or the
designation of a different proxy by the other spouse. In the event of pr�or
written notice to the contrary to the Association or the designation of a
different proxy by the other spouse, the vote of said Home shall not be
considered in determining the requirement for a quorum or for any other
pi�rpose.
9.4. Voting by Proxy.
Except as specifically otherwise provided in the Act, Home Owners may not vote by general
pro�, but may vote by limited pro�. Limited pro�es and general pro�es may be used to establish a
quorum. Limited pro�es and general proxies may also be used for voting on the matters outlined ira
Section 718.112(2)(b)(2) of the Act; however, no proxy, limited or general, sha11 be used in the
election of inembers of the Board.
9.5. Elections.
NAP:26016:5 � 4
The members of the Board shalt be elected by written ballot or voting machine in accordance
with the provisians of Section 718.112(2)(d)(3) of the Act.
9.6 Eligibility of Directors.
In accordance with Section 718.112(2)(d)(1) of the Act, except for Developer-appointed
Dir�ctors, Directors must be Members or the spouses, parents or children of Members except that if a
Home is owned by an entity and not an individual, such entity may appoint an individual on its behalf
to be el�gible to serve on the Board of Directors.
10. ASSOCIATIOI�
10.1. Purpose of Association.
The Association shall be the condominium association responsible for the operation of this
Condonvnium and any other condominium creat�d within Tequesta Cay. Each Home Owner shall be
a member of the Association as provided in the Condomiruum Documents. A copy of the Articles are
attached hereto as Exhibit C and made a part hereof. A copy of the Bylaws are attached hereto as
E�ibit D and made a part hereof.
10.2. 1Vlember Approval of Certain Association Actions.
Notwithstanding anything contained herein to the contrary, the Association shall be
required to obtain the approval of three-fourths (3I4) of all Horne Owners (at a duly called meeting of
the Home Owners at which a quorum is present) prior to the payment of or contracting for legal or
other fees or expenses to persons or entities engaged by the Association in contemplation of a lawsuit
or for the purpose of suing, or rnaking, preparing or investigating any lawsuit, or commencing any
lawsuit other than for the following purposes:
(i) the collection of Assessments;
(ii) the collection of other charges which Home Owners
are obligated to pay pursuant to the Condominium
Documents;
(iii) the enforcement of the use and occupancy restrictions
contained in the Condominium I�ocuments;
(iv) in an emergency where waiting to obtain the approval
of the Home Owners creates a substantial risk of
irreparable injury to the Condominium Property or the
Home Owners, provided, however, in such event the
NAP:26016:5 15
aforesaid vote shall be taken with respect to the
continuatian of the action at the earliest practical date
(the imminent expiration of a statute of lirr�tations
shall not be deemed an emergency obviating the need
for the requisite vote of three-fourths [3/4] of the
Home Ovvners); or
(v) filing a compulsoay counterclaim.
10.3. Cancellation of Management Agreements.
1'ursuant to F. S. 718.302(1)(a), Florida Statutes, any cancellation of any managetnent
a�reeznent between the Association and a manager shall require the affirmatave vote of not less than
seventy-five (75%) of the voting interests in the Condominium.
10.4. Conveyance to �ssociation.
The Association is obligated to accept any and all conveyances to it by Developer of a
fee simple title, easements or leases to all or portions of their property.
10.5. Conveyance by Association.
The Association is empovaered to delegat� any of its funct�ons or convey any of xts
property to any governrnental unit as may be required or deemed neces�ary from time to tirne.
11. EASEMENTS
11.1. Perpetual Nonexclusive Easement to Public Ways.
The land which is to become 1'hase 7 o£the Condominium, whether or not added to
the Condominium, and the walks and other rights-of-way, if any, in this Condominium as shown on
the Site Plan or hereafter located within this Condominium shall be, and the same are hereby declared
to be, subject to a perpetua,l nonexclusive eas�ment for ingress and egress and access to, over and
across the same, to public ways, including dedicated streets, which easement is hereby created in
favor of all the Home Owners in the Condominiutn now ox hereafter e�sting for their use and f�r the
use of their family mernbers, guests, lessees or invitees for all proper and normal purposes and for the
furnishing of services and facilities for wluch the same are reasonably intended, including ingress and
egress for the furnishing of services by fire protection agencies, police and other authorities of the
law, United States mail carriers, representatives of public utilities, including, but not limited to, the
Department of Environmental Protection, telephone and electricity and other utilities or services
authorized by Developer, its successors or assigns to service Condominiurn Property; and such other
persons as Developer frorri time to titne may designate for performing their authorized services. T'he
NAP26016:5 16
Association shall have the right to establish the rules and regulations goverrung the use and enjoyment
of the Cammon Elements and all �ase�nents aver and upon same.
11.2. Easements and Cross-Easements on Common Elements.
The Common Elements of the Condominium shall be and the same are hereby duly
declared to be subject to perpetual nonexclusive easements in favor of the Association, and such
appropriate utility, telecommunication and other service companies or the providers of the services
h�reinaf$er set forth as may be from time to time designated by Developer to and from all portions of
Tequesta Cay for ingress and egress, and for the installation, maant�nance, construction and repair of
facilities, including, but not limited to, electric power, telephone, sewer, water, gas, drainage,
irrigation, l�ghting, television transmission, comrriunications systems transmission, reception and
nnonitoring, security, garbage and waste rernoval and the like and for all purposes incidental thereto.
Developer hereby reserves unto itself, its successors, assigns, designees and norninees, and hereby
�r�nts to the Association, the right to grant easements, permits and licenses over the Common
Elements and to impose upon the Common Elements henceforth and from time to time such
easements and cross-easements for any of the foregoing purposes as it deems to be in the best
interests of and necessary and proper for the Condominium. Developer hereby reserves a blanket
easement over, under, upon and through the Gondominium for any purpose whatsoever.
11.3. Cross Easements for Drainage.
Nonexclus�ve cross easements for drainage pursuant to the Storm Water Management
System created by Developer as maintained, improved, repaired and/or replaced by the Association in
compliance with applicable governmental regulations is hereby granted to each owner of any portion
of the Subject Property and to all applicable governmental authorities.
11.4. Phase 7 Land.
Developer reserves the right for itself to grant such easements over, under, in and
upon the Land in favor of itself, the Association, its members and designees, and appropriate utility
and other service corporations or comparves for ingress and egress for persons and vehicles and to
provide power, electric, sewer, water and other utility services and lighting facilities, irrigat�on,
television transmission and distribution facilities, telecommunications, security se� and facilities in
connection therewith, and access to publicly dedicated streets, and the lik�. In addition, upon
declaring the Phase 7 Land a part of the Condominium, but only sucl� portion of such land as shall
become a part of the Condominium, Developer sha11 be deemed to have thereby granted to the
Association the right to grant such easements over, under, in and upon the Phase 7 Land, but only
such portion of such land as shall become a part of the Condominium, in favor of Develaper, the
Association, its ralembers, designees, and others and appropriate utility and other service corporations
or companies for the above-stated purposes. Either Developer or the Association sha11 execute,
NAP:26016:5 1 �
deliver and impose, from t�me to time, such e�.sements and cross-easements for any of the foregoing
purposes and at such loca�ion or locations as deterr��ined by either Developer or the Association.
11.5. Easement for Encroachments.
11.5.1. Settlement or Movement of Ira�provements. All the Condominium Property
sh,all be subject to easements for encroachments, which now or hereafter e�st, caused by settlement
or movement of any improvements upon such areas or improvements contiguous thereto or caused by
minor inaccuracies in the building or rebuilding of such improvements.
11.5 .2. Air Space. All the I.,and and iznprovements thereon, including, but not limited
to, the Condominium Property, shall be subject to perpetual easements for encroachments, for so long
as such encroachment e�sts, in favor of each Home and the Home Owners thereof, their family
members, gaxests, invitees and lessees for air space for any balcony of any Home, and th� reasonable
use, maintenance and repair of saane, which extends under, over or through any of the Land and
ir�provements thereon, including, but not limited to, the Condominiurn Property, including, but not
limited to, Common Elements. Such easements shall be appurtenances to and a covenant running
with the respective Home in whose favor such easements e�st.
11.5.3. Term ofEncroachment Easemen�s. '�he above easements for encroachments
sh�l continue until such enc�oachments no longer e�st.
12. LIABILIT�' INSURANCE PROVISI011TS
12.1. Public Liability Insurance.
The Board shall obtain liability insurance in the form generally known as Public
Liability and/or Home Owners, Landlord and Tenant Policies, or alternatively, in the event Developer
so elects, the Association shall be covered under Developer's insura.nce, in such amounts as it may
determine from time to time for the purpose of providing liability insurance coverage for a11 property
and improvements in Tequesta Cay excluding the Homes; provided, however, that such policy or
policies shall not have limits of less than One Million Dollars ($1,000,000) coverang a11 clainns for
personal injury and One Hundred Thousand Dollars ($100,000) for property damage arzsing out of a
single occurrence. The Board shall collect and enforce the payment of a share of the preriiurn for
such insurance frorn each Home Owner as a part of the Annual Assessment. Said insuxance shall
include, but not be limited to, legal liability for property darrriage, bodily injuries and deaths of persons
in connection with the operation, maintenance or use of any property or improvements within
Tequesta Cay, legal liability arising out of law suits related to employment contracts of the
Association, water damage, liability for hazards related to usage and liability for property of others,
hired automob�le, non-ovvned automobile and off-pretruses employee coverage and such other risks as
are customarily covered with respect to developments sirr�ilar to Tequesta Cay in construction,
location and use. All such policies shall name the Association (and Developer so long as Developer
NAP:26016:5 18
shall own any of the Condominium Property, as their respective interests may appear) as the
insured(s) under such policy or policies. The originai or a true copy of each policy shall be held in the
office of the Association. The insurance purchased shall contain a"severability of interest
endorsement," or equivalent coverage, which would preclude the insurer frorn denying the claim of a
Home Owner because of the negligent acts of either the Association, Developer or any other Home
Owner or deny the claim of either Developer or the Assaciation because of the negligent acts of the
other or the neglig�nt acts of an Owner. All liability insuranc� shall contain cross liability
endorsements to cover liabilities of the Home Owners as a group to each Home Owner. Each Home
Owner sha11 be responsible for the purchasing of liability insurance for accidents occurring in his own
Home, as applicable and, if the Home Owner so determines, for supplementin� any insurance
purchased by the Association. Notwithstanding the foregoing, in the event the Boaxd determines that
the cost of public liability insurance is economically unwarranted, the Board may determine to either
reduce the amount of such insurance, increase the deductible amount or discontinue coverage.
12.2. Fidelity Insurance.
Adequate fidelity coverage to protect against dishonest acts of the officers and
employees of the Association and the Directors and all others who handle and are responsible for
handling funds of the Association (whether or not they receive compensation) shall be maintained.
Such coverage shall be in the form of fidelity bonds which meet the following requirements: (�) such
bonds sha11 name the Association as an obligee and premiums therefor shall be paid by the
Association; {ii) such bonds shall be written in an amo�nt equal to the amount of the annual ope�ating
budget at any one time plus re�erve funds, but in no event less than the amount required by the Act
for each such person; and (iii) such bonds shall contain waivers of any defense based upon the
exclusion of persons who serve without compensation from any definition of "employee" or siniilar
expression. Notwithstanding the foregoing, in the event the Association determines that the cost of
such insurance is economically unwarranted or i� not obtainable, the Association may determine to
either reduce the amount of such insurance, increase the deductible amount or discontinue coverage
provided coverage is no less than required by the Act.
12.3. Cancellation Provision.
All insurance policies or fidelity bonds purchased pursuant to this Article 12 shall
provide that they may not be canceled without at least ten (10) days prior written noticd to the
Association and to Institutional Mortgagees.
13. PROVISIONS 1ZELATING TO CASUALTY INSURANCE AND I3ESTRUCTI4I�T OF
IMPROVEMENTS
13.1. Hazard Insurance.
NAP:26016:5 19
Each Home Owner shall be responsible for the purchase of casualty insurance far all of
his personal property. The Association shall obtain casualty insurance with such coverage and in such
amounts as it may determine from time to time for the purpose of providing casualty insurance
coverage for all insurable property and improvements within Tequesta Cay, including Fire and
Extended Coverage, Vand�ism and Malicious Nlischief Insurance, all of which insurance sha11 insure
all of the insurable improvements on or within Tequesta Cay, including personal property owned by
the Association, in and for the interest of the Association, all Home Owners and their mortgagees, as
their interests may appear, with a company (or compaiues) acceptable to the standards set by the
Board. The Association shall purchase insurance for each Building and all improvements now located
or wluch may hereafter be located, built or placed within Tequesta Cay in an amount equal to one
hundred percent (100%) �f the "Replacement Value" thereof. The term "Replacement Value" shall
mean one hundred percent (100%) of the current replacement casts exclusive of land, foundation,
excavation, items of personal property and other items norrraally excluded from coverage as
determined annually by the Board. The �oard may determine the kind of coverage and proper and
adequate amount of insurance. The casualty insurance shall contain an "agreed amount endorsement"
or its equivalent, "inflation guard endorsement," and, if determined necessary, an"increased cost of
construction endorsement" or "continuant liability from operation of building laws endarsement" or a
"dernolition endorsement" or the equivalent. The casualty insurance shall insure the Buildings froral
loss or damage caused by or resulting from at least the following: fire and other hazards covered by
the standard extended coverage endorsement and by sprinkler leakage, windstorm, vandalism,
malicious mischaef, debris removal and demolition, and such other risks as shall customarily be
covered with respect to projects or developments similar to the Buildings in construction, location
and use.
13.2. Flood Insurance.
If determined appropriate by the Board or if required by any Institutional Mortgagee, the
Association shall obtain a master or blanket policy of flood insurance covering all property and
improvements in Tequesta Cay, if available and at a reasonable premium, undex the National Flood
Insurance Program or any other government regulated insurance carrier authorized to conduct
business in the State of Florida or a commercial underwriter, which flood insurance shail be in the
form of a standard policy issued by a member of the National Flood Insurers Association or such
commercial underwriter, and the amount of the coverage of such insurance shall be the lesser of the
maximum amount of flood insurance available under such program or one hundred percent (100%) of
the current replacement cost of all Buildings and other insurable property located in the flood hazaxd
area.
13.3. Form of Policy and Insurance Trustee.
The Association may, to the extent possible and not inconsistent with the forego�ng,
obtain one (1) policy to insure all of the insur�ble improvements witlun Tequesta Cay operated by the
Association. The premiums for such cov�rage and other expenses in connectic�n �vith said insurance
NAP26016:5 2 Q
shall be paid by the Association and assessed as part of the Annual Assessment. The company (or
companies) with which the Association shall place its insurance coverage, as provided in this
Declaration, must be a good and responsible company (or companies) authorized to do business in the
State of Florida. In addition, the insurance agent must be located in the State of Florida. The
Association shall have the right to designate a trustee ("Insurance Trustee") and upon the request of
the In�titutional Mortgagee holding the highest dollar indebtedness encumbering Homes witlun
Tequesta Cay, as applicable, ("Lead Mortgagee") shall designate an Insurance Trustee. Thereafter
the Association from time to time shall have the right to change the Insurance Trustee to such other
trust company authorized to conduct busin�ss in the State of Florida or to such other person, firm or
corporation as Insurance Trustee as shall be acceptable to the Board and the Lead Mortgagee. The
Lead Mortgagee shall have the right, for so long as it holds the highest dollar indebtedness
encumbering Homes within Tequesta Cay, as appl�cable, to approve: (i) the forrn of the insurance
policies; (ii) the amounts thereof; (iii) the company or companies which shall be the ansurers under
such policies; (iv) the insurance agent or agents; and (v) the designation of the Insurance Trustee if it
deems the use af an Insurance Trustee other than the Board to be necessary, which approval(s) shall
not be unreasonably withheld or delayed; provided, however, for so long as Develaper owns any
Home(s), Developer shall have the right, but not the obligation, to require the Association to
designate an Insurance Trustee other than the Board. Notwithstanding anything in this Declaration to
the contrary, the Board may act as the Insurance Trustee hereunder unless otherwise required by the
Lead Mortgagee or Developer. The Lead Mortgagee shall inform the Association by written
notification if it requires the use of an Insurance Trustee other than the Board. If the use of an
Insurance Trustee other than the Boa.rd is requested in writing, then the Lead Mortgagee sha11 be
deemed to have approved the Insurance Trustee unless the Lead Mortgagee's written disapproval is
reeeived by the Association within thirty (30) days after notice from the Association of the identity of
the proposed Insurance Trustee. If no Insurance Trustee is required, the Board shall receive, hold
and expend insurance proceeds in the manner hereinafter provided as if it were the Insurance Trustee.
13.4. Required Policy Provisions.
A11 such aforesaid policies shall provide that they may not be canceled without at least
ten (10) days' prior written notice to the Association and Listed Mortgagees and shall be deposited
with the Insurance Trustee upon its written acknowledgment that the policies and any proceeds
thereof will be held in accordance with the terms hereof. Said policies shall provide that ail insurance
proceeds payable on account of loss or damage shall be payable to the Insurance Trustee. In the
event of a casualty loss, the Insurance Trustee may deduct from the insurance proceeds collected a
reasonable fee for its service as Insurance Trustee. The Association is hereby irrevocably appointed
agent for each Home Owner to adjust all claims arising under insurance policies purchased by the
Association. The Insurance Trustee shall not be liable for payment of premiums, for the renewal or
the sufficiency of the policies or for the failure to collect any insurance proceeds. The Association
rnay determine to act as Insurance Trustee, in which event references herein to Insurance Tzustee
shall refer to the Board.
NAP:26016:5 21
13 .5. Restrictions of Mortgagees.
No mortgagee sha11 have any right to participate in the determination of whether
. property is to be rebuilt, nor shall any mortgagee have the ri�ht to apply insurance proceeds to
repayment of its loan unless such proceeds are distributed to Home Owners and/or their respective
mprtgagees.
13.6. Distributaon of Insurance Proceeds and Losses.
The duty of the Insurance Trustee shall be to receive any and all proceeds from the
insurance policies held by it and tc� hold such proceeds in trust for the Association, Home Owners and
mortgagees under the following terms:
13.6.1. Loss to Home Alone. In the event a loss insured under the policies held by the
Insurance Trust�e occurs to any improvements within any of the Homes alone, without any loss to
any other improvements within Tequesta Cay, the Insurance Trustee shall immediately pay all
proceeds received because of such loss directly to the Home Owners of the I�omes damaged and the�r
mortgagees, if any, as their interests may appear, and it shall be the duty of these Home Owners to
use such proceeds to effect necessary repair to the I-iomes. The Insurance Trustee, where other than
the Association, may rely upon the written statement of the Association as ta whether or not there has
beera a loss to �he Homes alone, the Common Elements or any combination thereof.
13.6.2. Loss of Fifty Thousand Dollars ($50,000) or Less to Homes and Common
Elements. In the event that a loss of Fifty Thousand Dollars ($50,000) or less occurs to
improvements within one (1) or more Homes and to improvements within Common Elements
cqntiguous thereto, or to improvements within the Cornmon Elements, the Insurance Trustee shall
pay the proceeds received as a result of such loss to the Association. Upon receipt of such praceed�,
the Association will cause the necessary repairs to be made to the improveznents within the Common
Elements and within the damaged Homes. In such event, should the insurance proceeds be sufficierrt
to repair the improvements within the Common Elements but insufficaent to repa�r all of the damage
witlun the Homes, the proceeds shall be applied first to cornpletely repair the improverrients witlun the
Common Elements and the balance of the funds ("Balance") shall be apportioned by the Association
to repair the damage to the improvements within Homes, which apportionment sha11 be made to each
Home in accordance with the proportion of damage sustained to improvements within said I�[omes as
estimated by the insurance company whose policy covers such damage. Any deficiency between the
Balance apportioned to a damaged Home and the cost of repair shall be paid by a Special t�.ssessment.
13.6.3. L�ss in Excess of Fifty Thousand Dollars ($50,000) to Homes and Commc��
Elements. In the event the Insurance Trustee receives proceeds in excess of the surri of Fifty
Thousand Dollars ($50,000) as a result of damages to the improvements within the Common
Elements and/or Homes and Comrr�on Elemer�ts that are �ontiguous, then the Insurance Trustee sha11
NAI�'2�016:5 2 2
hold, in trust, all insurance proceeds received with respect to such darnage, together with any and a11
ot�ier funds paid as hereinafter provided, and .shall distribute the same as follows:
(a) The Board shall obtain or cause to be obtained reliable and detailed
estirriates and/or bids f�r the cost of rebuilding and reconstructing the damage and for the purpose of
determining whether insurance proceeds are suf�icient to pay for the same.
(b) In the event the insurance proceeds are sufficient to rebuild and
reconstruct all the damaged improvements, or upon the collection of the necessaay funds that are
des�ribed in subparagraph 13.6.3 (c) below, then the damaged improvements shall be completely
re�aired and restored. In this event, all payees shall deliver pa.id bills and waivers of inechanics' liens
to the Insurance 'Trustee a.nd execute affidavits required by law, by the Association, by amy
Institutional Mortgagee named on a rnortgage endorsement or by the Insurance Trustee, and shall
deliver the same to the Insurance Trustee. Further, the Association shall negotiate and obtain a
ca�ntractor willing to do the work on a fixed price basis or some other reasonable terms under the
circumstances, said contractor shall post a performance and payment bond, and the Insurance Trustee
sha11 disburse the insurance proceeds and other funds held in trust an accordance with the progress
payanents conta,ined in the construction contract between the Association and the contractor. Subject
to the foregoing, the Board shall have the right and obligation to negotiate and contract for the r�pair
and restoration of the premises.
(c) In the event the insurance proceeds are insufficient to repair and replace
a11 of the damaged improvements within the Common Elements and Homes contiguo�s to such
damaged Common Elements, the Board shall hold a special meeting to determine a Special
Assessment against all of the Home Ovvners to obtain any necessary funds to repair and to restore
such damaged improvements. Upon the determination by the Board of the amount of such Special
Assessment, the Board shall immediately levy such Special Assessment against the respective Homes
setting forth the date or dates of payment of the same, and any and all funds received from the Hoine
Owners pursuant to such Special Assessment shall be delivered to the Insurance T'rustee and
disbursed as provided in subparagraph 13.6.3 (b) immediately precedin�. In the event the deficiency
between the estimated cost of the repair and replacement of the damaged property and the insurance
proceeds exceeds the sum of Twenty-Five Thousand Dollars ($25,000), and three-faurths (314) ofthe
Home Owners advise the Board in writing on or before the date for the first payment thereofthat they
are opposed to a Special Assessment, then the Insurance Trustee shall divide the net insurance
proceeds into the shares described in Article 7 hereof and shall promptly pay each share of su�h
proceeds to the Home Owners and mortgagees of record as their interests may appear ("Insurance
Proceeds D'astribution"). In rnaking any such Insurance Proceeds Distributiora to the �Iome Owners
and mortgagees, the Insurance Trustee may rely upon a certificate of an abstract company as to Lhe
naines of the then Home Owners and their respective mortgagees. Any Insurance Proceeds
Distribution shall also require the approval of the Lead Mortgagee.
NAP:26016:5 2 3
13.6.4. Distribution af Excess Funds. In the event that after the completion of and
p�.yment for the repair and reconstruction of the damage to the damaged property and after the
paym�nt of the Insurance Trustee's fee with respect thereto any excess insurance proceeds remain in
the hands of the Insurance Trustee, then such excess sha11 be disbursed in the manner ofthe Insurance
Proceeds Distribution. However, in the event such repairs and replacements were pa.id for by any
Special Assessment as well as insurance proceeds, then it shall be presumed that the monies disbursed
in payrr�ent of any repair, replacement and reconstruction were first disbursed from ans�zrance
proceeds and any remaining funds held by the Insurance Trustee shall be distributed to the Home
Owners in proportion to their contributions by way of Special Assessment.
13.6.5. Institutional Mortgagees. In the event the Insurance Trustee has on hand,
within ninety (90) days after any casualty or loss, insurance proceeds and, if �ecessary, funds from
any Special Assessment sufficient t� pay fully any required restoration and repair with respect to si.ach
casualty or loss, then no mortgagee shall have the right to require the application of any insurance
proceeds or Special Assessment to the payment of its loan. Any provision contained herein for the
benefit of any mortgagee may be enforced by a mortgagee.
13.6.6. Repair of Damaged Property. Any repair, rebuilding or reconstruction of
damaged property shall be substantially in accordance with the architectural plans and specifications
for 'Tequesta Cay, as: (i) originally constructed; (ii) reconstructed; or (iii) depicted in new plans and
specifications approved by the Board; provided, however, any material or substantial chan�e in new
plans and specifications approved by the Board from the plans and specifications of Tequesta Cay as
previous�y constructed sha11 require approval by the Lead Mort�agee.
13.6.7. Determination of Damage. The Board shall determine, in its sole and absolute
discretion, u%hether damage or loss has occurred to improvements within Homes alone, Common
Elements alone or to improvements within any combination thereof.
13.6.8. Insurance Amounts. Notwithstanding anything in this Article 13 to the
contrary, the amounts set forth for the purchase of insurance in this Article 13 are the Yninimum
amounts to be purchased. Therefore, Home Owners or the Association, as the case may be, may
purchase insurance in excess ofthe amounts set forth herein. The amounts set forth do not constit�ute
a representation or warranty of any kind by Developer or the Association as to the proper amount or
kinds of insurance required.
13.6.9. Miscellaneous Policy Requirements. Policies insuring the property within
Tequesta Cay purchased pursuant to the requirements of this Article 13 shall provide that any
insurance trust agreement shall be recognized; the right of subrogation against Home O�vners will be
waived; the insurance will not be prejudiced by any acts or orrussion �f individual Home Owners who
are not under the control of the Association; and the policy will be primary, even if a Home Owner
has other insura�ce that covers the same loss.
NAP:26016:5 2 4
13.6.10. Master Form of Insuranc�. Nothing contained herein shall prohibit the
ASSOCiation fxom obtaining a"Master" or "Blanket" form of insurance to meet the requirements of
this Article 13, provided that the coverages required hereunder are fulfilled.
14. PROVISIONS RELATING TO COIVDEMNATION
OR EMINENT DOMAIN PROCEEDINGS
14.1. Proceedings.
The Association shall represent the Home Owners in the condemnation proceedings or
in negotiations, settlements and agreements with the condemning authority for acquisition af the
Common Elements or any parts thereof by the condemning authority.
14.2. Deposit of Awards With Insurance Trustee.
The taking of any portio�a of the Condorninium Property by condemnation shall be
deemed to be a casua.lty, and the awards for that taking shall be deemed to be proeeeds from
insurance on account ofthe casualty and shall be deposited with the Insurance Trustee. Althoughthe
awards may be payable to Home Owners, the Hotne Owners shall deposit the awaxds with the
Insurance Trustee; and in the event of failure to do so, in the discretion of the Board, a special charge
shall be made against a defaulting Horne Owner in the amount of his award, or the amount of that
award shall be set off against the suans hereafter made payable to that Home Owner.
14.3. Disbursement of Funds.
If the Condominium is terrrunated in accordance with the provisions ofthis Declaration
after condemnation, the proceeds of the awards and Special Assessments, if any, shall be dee�ned to
be Condominium Property and shall be divided into the shares described in the Declaration and
distributed to the Home Owners and mortgagees as their interests may appear. If the Condorrunium is
not terminated after condemnation, the size of the Condominium will be reduced, the owners of the
condemned Homes will be made whole and the Condominium Property damaged by the taking will be
made usable in the manner provided below.
14.4. Home Reduced, But 'I'enantable.
If the taking reduces the size of a Home ("Affected Home") and the remaining portion
of the AfFected Home can be made tena.ntable, the award for the taking of a portion of the �4ffect�d
Home shall be used for the following purposes in the order stated and the following changes sh�ll be
eff�cted in the Condomimium:
NAP-26B1fi:5 2 5
14.4.1. AfFected Home Made Tenantable. The Affected Home shall b� made
te�antable. If the cost of the restoration exceeds the amount of the award, the additional funds
required shall be collected as a special charge.
14.4.2. Excess Distributed to �Iome Owner and Institutional Mortgagee. The balance
of the award, if any, shall be distributed to the Home Owner of the Affected Home and to each
Institutional Mortgagee of the Affected Home, the remittance being made payable to the Home
Uwner aa�d Institutional Mortgagees as their interests may appear.
14.4.3. Iteduction in Percentage of Common Elements. If the floor area of the
Affected Home is reduced by more than ten percent (10°l0) by the taking, the number representing the
share in the ownerslup ofthe Common Elements appurtenant to the Affected Home shall be reduced
("Reduction in Percentage of Common Elements"} in the proportion by which the floor area of the
A#�ected Home as reduced by the taking, and then the shaxes of all Homes in the ownership of the
Common Elements shall be restated with the Reduction in Percentage of Co�nznon Elements being
allocated ta all the Homes in proportion to their share of ownership in the Common Eleinents.
14.5. Affected Home N1ade Untenantable.
If the taking is of the entire Affected Home or so reduces the size of an Af�Fected
Home that it cannot be made tenantable, the award for the taking of the Affected Home shall be used
for the following puxposes in the order stated and the following changes shall be effected in the
Condorninium:
14.5.1. Payment to Home Owner and Institutional Mortgagee. The market vaPue of
the Affected Home bmmediately prior to the taking shall be paid to the Hoane Owner thereof and to
each Tnstitutional 1Vlortgagee thereof as their interests may appear.
14.5.2. Remainin� Portion of Af�ected Horne. The remairung portion of the Af�ected
Home, if any, sha11 be released by the Institutional Mortgagee and conveyed by the Home Owner to
the Association. Such remairung portion of the Affected Home shall become a part ofthe Common
Elements and shall be placed in a condition approved by the Board and the Condorrrinium Documents
sha11 be amended to reflect the addition of such Common Elements; provided that if the cost of the
work shal] exceed the balance of the fund from the award for the taking after the payment set forth in
subparagraph 14.4.1 above, the work shall be approved in the manner required for further
improvement of the Common Elements.
14.5.3. Adjustment in Shares of Coanmon Elements. The shares in the Common
Elements appurtenant to the Homes that continue as part of the Condominium shall be adjusted to
distribute the ownership of the Common Elements from the Ai�ected Homes among the reduced
number of Hoynes. The shares of the continuing Homes in the ownership of the Common E,lements
shall be restated with the percentage of ownership in the Common Elements of the Affected Home
NAP26016:5 2 �
being allocated to all the continuing �Iomes in proportion to their relative shar� of ownership in the
Cor�rnon Elements.
14.5.4. Insufficient Award. If the atnount of the award for the taking is not sufficient
to pay the rriarket value of the Af'Fected Home to the Home Owner and ta condition the remaining
portion of the Affected Home for use as a part of the Common Elements, the additional funds
required for those purposes shall be raised by Special Assessments against all of the I�ome Owners
who will continue as Home Owners after the changes in the Condominium effected by the taking.
The Assessments shall be made in proportion to the shares of those Home Owners in the Coanmon
Elements after the changes effected by the taking.
14.5.5. Determination of Market Value of Affected Home. If the market value of an
Ai�ected Home prior to the taking cannot be determined by agreement between the Home Owner, the
Institutional Mortgagees of the Af�ected Home and the Association within thirty (30) days after
notice by either party, the value shall be determined by arbitration in accordance with the then existing
rules of the American Arbitration Association, except that the arbitrators shall be two appraisers
appointed by the American Arbitration Association who shall base their determination upon an
average of their appraisals of the Affected Home; and the determination �f the arbitrators shall be
conclusive upon the parties and judgment upon the same may be entered in any court having
jurisdiction thereof. The cost of arbitration proceedings shall be assessed against all Homes in
proportion to the shares of the Homes in the Common Elements as they e�st prior to the changes
eff�cted by the taking.
14.6. Taking of Common Elements.
Awards for taking of Common Elements shall be used to make th� rebnaining portion
of the Common Elements usable in the manner approved by the Board; provided, that if the cost of
the work shall exceed the balance of the funds ftom the awards for the taking, the work shall be
approved in the manner required for further improvement of the Common Elements. The balance of
the awards for the taking of Common Elements, if any, sh�lll be distribut�d to the Horne Owners inthe
shares in which they own the Common Elements after adjustment of these shares on account of the
condemnation and to Institutional Mortgagees as their interests may appear.
14.7. Amendment of Declaration.
The changes in Homes, in the Common Elements and in the ownership ofthe Common
Elements that are affected by the eondemnation shall be evidenced by an amendment to the
Declaration that need be approved only by a majority of the �oard unless written approvals from
Developer and/or Listed Mortgagees are also required pursuant to this Declaration. Such atnendme,�t
shall be evidenced by a certificate executed by the Association in recordable form in accordance with
the Act, and a true copy of such amendment shall be mailed via first class mail by the Association to
Developer, all Home Ovaners and Listed Mortgagees ("Interested P�.rties"). The amendment shall
NAP:26016:5 2 �
become ef�ective upon the recording of such certificate amongst the Public Records of the County;
provided, however, such amendment shall not be recorded until tlurty (30) days after the mailing of a
copy thereof to the Interested Parties unless such thirty (30)-day period is waived in writing by the
Interested Parties.
15. PROVISION FOR APPORTIONIV�NT OF TAX OR SPECIAAI,
AS�ESSIVIENT IF LEVIED AND ASSESSED AGAINST THE CONDONIlNIU7M AS A WHOLE
15.I. New Total Tax.
In the event that any taxing authority having jurisdiction over the Condominium shall
levy or assess any tax or special assessment aga.inst the Condomiruum as a whole as opposed to
levying and assessing such tax or special assessment against each Home and its appurtenant undivided
interest in Common Elements, as now provided by law ("leTew Total Tax"), then such New Tota1 Tax
shall be paid as a Common Expense by the Association, and any taxes or special assessments which
are to be so levied shall be included wherever possible in the estimated annual "Budget" (as
hereinafter defined) of the Association or shall be separately levied and collected as a Special
Assessment by the Association against all of the Home Owners of all Homes, as applicable. Each
Home Owner shall be assessed by and shall pay to the Association a percentage of the New Total Tax
equal to that Home Owner's percentage interest in the Common Elements. In the event that a�ny New
T�tal Tax shall be levied, then the assessment by the Association shall separately specify and identify
the portion of such assessment attributable to such New Total Tax and such portion shall be and
constitute a lien prior to a11 mortgages and encumbrances upon any Home, as applicable, and its
appurtenant percentage interest in Common Elements, regardless of the date ofthe attachment and/or
recording of such mortgage or encumbrances, to the same extent as though such portion of New
Total Tax had been separately levied by the taxing authority upon each Home, as applicable, and its
appurtenant percentage interest in Common Elements.
15.2. Personal Property Taxes.
All personal property taxes levied or assessed against personal property owned by the
Association and all federal and state income taxes levied and assessed against the Association shall be
paid by the Association and shall be included as a Common Expense in the Budget of the Association.
16. OCCUPANCY AND USE RESTRICTIONS
In order to preserve the values and amenities of the Condominium, the following provisions
sha11 be applicable to the Condominium Property:
16.1. Single-Family Ilse.
NAP:26016:5 2 8
The Homes shall be used for single-family residences only. No separate part of a
Ho�ne may be rented and no transient (as defined in Chapter 509, Florida Statutes) may be
accommodated therein for compensataon or commercial purposes. No trade, business, profession or
at�y other type of commercial activity shall be carried on in the Homes; provided, however, a Home
Owner may use a room within a Home as an office for conducting personal business if such personal
business does not require contact at the Home with customers or clientele of the Home Owner, nor be
of such a pervasive nature as to dominate the residential character of the occupancy of such Home.
A}ly such personal office use sha11 not be deemed a commercial activity in violation of this Paragraph
16.1. Such personal business use must, nonetheless comply with any applicable governmental
regulation. No Home may be rented for a term of less than one (1) month and no Home may be
rented more than three (3) times in any twelve (12) month period. A Home owned by a corporation,
partnership or other legal entity, as the case may be, may be occupied by the person indicated 'an the
Voting Certificate on file with the Association and his or her family, and any lessees of the
corporation, partnerslup, or other legal entity, as the case may be, who otherwise qualify as provided
in the Condominium Documents.
16.2. Occupancy of Home.
A Home Owner shall not permit or suffer anything to be done or kept in his Home which will:
(i) increase the insurance rates on his Home or the Common Elements; (ii) obstruct or interfere with
the rights of other Home Owners or the Association; or (iii) annoy other Home �wners by
unreasonable noises or otherwise. A Home Owner shall not commit or permit any nuisance, irnmor�l
or illegal act in his Home or on the Common Elements.
16.3. Signs.
A Home Owner (with the exception of Developer, for so long as Developer is a Hoine
Owner) shall show no sign, advertisement or notice of any type on the Common Elements or in or
upon his Home so as to be visible from the Common Elements, or any public way, except as may be
previously and specifically approved in writing by the Board. Developer specifically reserves the right
to place and maintain identifying or informational signs on any building located on the Condominium
Property as well as any signs in connection with its sales activities.
16.4. Animals.
A Home Owner and/or resident is permitted to keep up to two (2) dornestic pets in his
or her Home; however, under no circumstances may any breed of dog commonly known as a pit bull
be permitted on any portion of Tequesta Cay. Any pet must be carried or kept on a leash when.
outside of a Home. No pet shall be kept tied outside of a Home or in any screened porch or patio,
unless someone is present in the Home. A Home Owner shall immediately pick up and rernove any
solid waste deposited by his pet. The Home Owner shall indemrufy the Association and hold it
harmless against any loss or liability of any kind or character whatsoever arising from or growing out
NAP:26016:5
29
of having any animal in Tequesta Cay. If a dog or any other animal becomes obnoxious to the Home
Owners by barking or otherwise, the Home Owner thereof must cause the problem to be corrected;
or, if it is not corrected, the Home Owner, upon written notice by the Association, will be required to
permanentl_y remove the animal from the premises. No birds or exotic pets such as snakes and reptiles
shall be permitted on any portion of the Condomiruum Property. The Association will promulgate
rules �nd regulations from time to �ime designating other rules as necessary to regulate pets.
16.5. Clotheslines.
No clothesline or other similar device shall be allowed in any portion of the Common
Elements. Clotheslines within a Home shall be concealed from view from all portions of Tequesta
Cay.
16.6. Window Decor.
Window treatments shall consist of drapery, blinds, decorative panels or tasteful other
window covering, and no newspaper, aluirunum foil, sheets or other temporary window treatments
are permitted, except for periods not exceeding two (2) weeks after a Home Owner or tenant first
mo�es into �a Home or when perm�nent wi�dow treatments are being cleaned or repaired.
16.7. Removal of Sad and Shrubbery; Alteration of Drainage, etc.
Except for Developer's acts and activities with regard to the development of Tequesta
Cay, no sod, top soil, muck, trees or shrubbery shall be removed from Tequesta Cay and no change in
the condition of the soil or the level of land of Tequesta Cay shall be made which would result in any
permanent change in the flow or drainage of surface water within Tequesta Cay without prior written
consent of the Board.
16.8. Antenna, Aerial and Satellite Dish.
No outside television, radio, or other electronic towers, aerials, antennae, satellite
dishes or device of any type for the reception or transmission of radio or television bxoadcasts or
other means of communication shall hereaflter be erected, constructed, placed or permitted to remain
on any portion of the Condominium Property or upon any improvements thereon, unless expressly
approved in writing by the Association, except that this prohibition shall not apply to those satellite
dishes that axe eighteen (18") inches in diameter or less, and specifically covered by 47 C.F.R. Part 1,
Subpart S, Section 1.4000, as amended, promulgated under the Telecommunications Act o£ 1996, as
amended from time to time. The Association is empowered to adopt rules governing the types uf
antennae, restrictions relating to safety, location and maintenance of antennae. The Association may
also adopt and enforce reasonable rules limiting installation of perrrussible dishes or antennae to
certain specified locations, not visible from the street or neighboring properties, and integrated with
the Condominium Property and surrounding landscape, to the extent that reception of an acceptable
NAP:26016:5 3 0
signal would not be unlawfully impaired by such rules. Any approved antennae shall be installed in
compliance w�th all federal, state and local laws and regulations, including zoning, land-use and
building regulations. This Section 16.8 shall not apply to I�eveloper.
16.9. Garbage, Trash and Recycling.
Each Home Owner shall regularly pick up all garbage, trash, refuse or rubbish around
his Home, and no Home Owner or resident shall place or dump any garbage, trash, refuse, oil or other
materials on any other portions of Tequesta Cay, including any portion of the CondaYruruum Property
or the Common Elements. Garbage, trash, refuse, rubbish or recyclable materials that is required to
be placed at the front of the Home in order to be collected may be placed and kept at the front of the
Home after 5:00 p. m. on the day before the scheduled day of collection but not sooner, and any trash
facilities must be removed on the collection day after the pick up. The Village of Tequesta requires
that its residents recycle according to the requirements of the local government. All Garbage, trash,
refiase, rubbish or recyclable materials must be placed in appropriate trash facilities or bags. All
containers, dumpsters or garbage facilities must be stored inside the garage and kept in a clean and
sanitary condition. No no�ous or offensive odors sha11 be permitted.
16.10. Radio Transmission.
No ham radios or radio transmission equipment shall be operated or permitted to be
operated within Tequesta Cay without the prior written consent of the Board.
16.11. Velucles.
No boats, boat trailers, recreational vehicles, house trailers or motor homes shall be
permitted an any portion of the Condominium Property. No maintenance or repa.irs shall be done
upon or to such vehicles. The Association shall have the right to authorize the towing away of any
vehicles which violate tlus Declaration or the rules and regulations of the Association, with the costs
to be borne by the Home Owner or violator. In addition, the Board shall adopt rules and regulations
from time to time regulating and limiting the size, weight, type and place and manner of operation of
vehicles within Tequesta Cay.
16.12. Garages.
No garage, other than garages constructed by Developer, shall be erected which is
separate from the Home. No portion of a garage originally intended for the parking of an automobile
shall be converted to other uses such as living area, storage area, workshop, recreation room or
business uses. No individual air conditioning units which are visible from outside the Home shail be
permitted in a garage. All garage doors shall remain closed when not in use for ingress and egress.
All garage door openers installed must be either belt driven or screw driven.
NAP:26016:5 31
16.13. Flooring.
An Owner shall not install any floor covering in the Home other than carpeting (such
as wood or tile) in any room other than the bathroom, kitchen/breakfast area or laundry/utility area or
other than in a Home which does not have another Home below it, without the prior written approval
of the Association. The Association may require that soundproofing insulation be placed under such
alternate floor covering before installation. If an Owner insta.11s altea floor covering without the
prior written consent of the Association or without the insulation required by the Association, then
the Association shall have the right to cause such Owner to remove the alternate floor covering.
Under no circumsta.nces shall an Owner be perrrutted to install carpet on his/her balcony.
16.14. Projections.
No Home Owner shall cause anything to project out of any window or door except as
may be approved in writing by the Association.
16.15. Condition of Homes.
Each Home Owner shall keep his Home in a good state of preservation and cleanliness
and sha11 not sweep or throw or permit to be swept or thrown therefrom or from the doors or
windows thereof any dirt or other substances.
16.16. Hurricane Season/Hurricane Shutters.
16.16.1. Hurricane Season. Each Home Owner who plans to be absent from his
Home during the hurricane season must prepare lus Home prior to his departure by removing all
furniture, potted plants and other movable objects, if any, from his patio, terrace or parch, if any, and
by designating a responsible firm or individual satisfactory to the Association to care for his Home
should the Home suffer hurricane damage.
16.16.2. Hurricane Shutters. Any hurricane or other protective devices visible
from outside a Unit shall be of a type approved by the ARC (as hereinafter defined). Panel, accordion
and roll-up style hurricane shutters, if approved, may not be left closed during hurricane season. Any
such approved hurricane shutters may be installed or closed up to seventy-two (72) hours prior to the
expected arrival of a hurricane and must be removed or opened within seventy-two (72) hours after
the end of a hurricane watch or warning or as the Board may determine otherwise.
16.17. Structural Modifications.
A Home Owner may not make or cause to be made any structural modifications to his
Horr�e without the Association's prior written consent, which consent may be unreasonably withheld.
NAP:26016:5
32
16.18. Board's Rule-Making Power.
The Association, through its Board, may, from time to time, promulgate such other
rules and regulations with respect to the Condominium and other portions of Tequesta Cay as it
deternvnes to be in the best interests of Tequesta Cay, the Condominium and the Home Owners. The
Board may promulgate, modify, alter, amend or rescind such rules and regulations provided such
promulgation, anodifications, alterations and amendments: (i) are consistent with the use covenants
set forth in the Condominium Documents; (ii) apply equally to a111awful Tequesta Cay residents
without discriminating on the basis of whether a Home is occupied by a Home Owner or lus lessee;
and (iii) in Developer's opinion, for so long as Developer holds any Homes for sale in the ordinary
course of business, would not be detrimental to the sales of Homes by Developer.
16,19. Liriutations.
Notwithstanding any other rule, regulation, or restriction to the contrary herein
contained, the Board shall make reasonable accommodations in the rules, regulations or restrictions, if
such accorrunodations may be necessary to af�ord a handicapped person equal opportunity to use and
en�oy �he Condomini�zm Property and other-por�ions of Tequesta Cay.
17. ARCHITECTURAL REVIEW CONIlVIITTEE
17.1. Architectural Review Corrunittee; Improvements to Homes, Etc.
In order to preserve the values and provide for the uniform appearance of Tequesta Cay, the
architectural review and control functions of Developer and the Association herein set forth shall be
administered and performed by the Architectural Review Committee ("ARC") which shall be
established as fotlows:
17.1.1. The Arclutectural Review Committee. Initially, the ARC sha11 consist of not
less than three (3) nor more than seven (7) members designated by Developer who may be employees
of Developer or members of the Board but who need not be Home Owners or members of the Board.
Developer shall retain the power to replace such designees and may in its discretion increase the
number of inembers on the ARC. Upon the resignation or replacement of any member of the ARC,
the Board shall place or cause to be placed in the books of the Association a notice of such
resignation or replacement thereof together with a Notice of Appointment as to the successor of the
departing ARC member, both of wluch shall be signed by Developer, or its assignee, pursuant to
subparagraph 17.1.1.1 hereof.
17.1.1.1. For so long as Developer is entitled to select members of the
ARC, Developer may, at Developer's sole discretion and for such period as Developer ra�ay
determine, assign said right to appoint ARC members to a management or other non-Developer
entity. Said assignee shall be solely responsible for the selection and actions of the ARC during the
NAP:26016:5 3 3
period of assignment. Notice of such assignment shall be given to the Board, which shall place, or
cause to be placed, any such notace in the books of the Association.
17.1.1.2. Notwithstanding anything herein to the contrary, at such time as
D�veloper no longer owns any portion of the Property, or when Developer voluntarily so elects,
whichever shall first occur ("ARC Turnover Date"), Developer shall assign to the Association the
right to appoint member� of the ARC, whereupon the Board shall thereafter appoint the members of
the ARC.
17.1.2. The Architectural Review Cammittee Action. A majority of the members of
the ARC rnay designate a member of the ARC to act for it subject to Developer's approval. Approval
or disapproval by a rnajority of the members of the ARC shall constitute the official approval or
disapproval of the ARC. In the event of the death or resignation of any member of the ARC prior to
the assignment of Developer's right to appoint ARC members pursuant to subparagraph 17.1.1.2
hereinabove, Developer shall have the full authority to designate a successor.
17.1.3. Requirement c�f The Architectural Review Committee Approval. Except for
Hames and improvements constructed, installed or placed by Developer or with the approval of
Developer, and additions, alterations, modifications and changes to any ofthe foregoing by Developer
or with the approval of Developer (collectively, "Developer Improvements"), which Developer
Improvements are not subject to the approval of the ARC and are hereby deemed to conform to the
plan of development for Tequesta Cay, no improvements of any kind including, without limitation,
any building, shed, play structure, wa11, topograplucal feature, mailbox, landscaping, fence, swimming
pool, ten�us court or screened enclosure sha11 be erected, placed or maintained, and no addition,
alteration, modification or change to any such improvement sha11 be made without the prior written
approval of the ARC, including, but not limited to, painting the Home in a color other than the color
originally placed by Developer on the painted surface.
17.1.4. Method of Obtaining The Architectural Review Corrunittee Approval. In order
to obtain the approval of the ARC, two (2) complete sets of plans and specifications ("Plans") for
proposed construction sha11 be submitted to the ARC for its review. The Plans shall include, as
appropriate, the proposed location, grade, elevations, shape, dimensions, exterior color plans,
approximate costs, and nature, type and color of materials to be used. The ARC may also requ�re the
submission of additional information and materials as may be reasonably necessary for the ARC to
evaluate the proposed Plans. The ARC shall review and approve or disapprove all Plans submitted to
it for any proposed improvement, alteration or addition solely on the basis of aesthetic standards as to
the aesthetic quality of materials and workmanship to be used, suitability, uniformity and harmony of
location, structure and external design in relation to surrounding topography and structures and the
overall benefit or detriment which would result to the Property as a whole. The ARC shall take into
consideration the aesthetic aspects of the architectural design, placement of buildings, landscaping,
color schemes, e�erior finishes and materials and similar features and shall not be responsible for
NAP26016:5
34
reviewing, nor shall its approval of any Plans or design be deemed approval of, any design or Plans
from the standpoint of structural safety or conformance with building or other codes.
17.1.5. Approval or Disapproval by the Architectural Review Committee. The ARC
shall have the right to refuse to approve a.ny proposed Plans which, in its sole discretion, are not
suitable or desirable. In approving or disapproving Plans, the ARC shall consider the suitability ofthe
proposed improvements andJor Plans, the site upon which the proposed improvements are to be
erected, the harmony thereof with the surrounding area, property, Homes, and other improvements
and the effect thereof on the adjacent or neighboring property. Any and all approvals or disapprovals
of the ARC shall be in writing and shall be sent to the Board and to each respective Home Owner
submitting same. In the event the ARC fails to approve or to disapprove in writing any Plans
forty-five (45) days after submission to the ARC of the Plans and any and all other reasonably
requested information and materials related thereto and delivery of a written request for approval or
disapproval to the ARC by Home Owner or Home Owner's agent or attorney, then said Plans shall be
deemed to have been approved by the ARC. All construction and landscaping shall be done in
accordance with the Plans approved by the ARC, unless a deviation therefrom has been approved in
writing by the ARC. In the event the ARC disapproves any Plans submitted to it ("Disapproval"),
then in such event, the ARC shall notify said Home Owner in writing of such disapproval and the
reason therefore. Said Home Owner may thereafter request reconsideration, by Developer until the
ARC Turnover Date and thereafter by the Board, within forty-five (45) days of the Disapproval by
submitting to Developer or the Board, as the case may be, a copy of the Plans accompanied with a
written statement setting forth the grounds for the appeal. If not appealed to Developer or the Board,
as the case may be, within said forty-five (45) day period, such Disapproval by the ARC shall be final
and binding on all parties concerned therewith. Developer or the Board, as the case may be, sha11
have forty-five (45) days to approve or disapprove the Plans. In approving or disapproving any Plans
on appeal, Developer's or Board's decision, as the case may be, sha11 be governed by the same factors
that the ARC is required to consider. In no event, however, shall any improvement be erected or be
allowed to remain which violates any conditions or restrictions contained in this Declaration, any
other of the Condominium Documents or any applicable zoning or building ordinance or regulation.
17.1.6. The Architectural Review Committee Standards. The ARC is empowered to
publish or modify from time to time design and development standards for Tequesta Cay including,
but not limited to, standards for the following ("Standards"): (i) architectural design of irnprovements
including, but not limited to, design standards for any Home or other improvement constructed within
the Property; (ii) walls and similar structures; (iu) e�erior building materials and colors; (iv) e�erior
topography and landscaping; (v) exterior appurtenances relating to utility installation; (vi) signs and
graphics, mailboxes and exterior lighting; (vii) buildang setbacks, pools and pool decks, side yards and
related height, bulk and design criteria; (viii) pedestrian and bicycle ways, sidewalks and pathways;
and (ix) all buildings, topography features, landscaping and improvements on lands owned or
controlled by the Association. All such Standards shall provide for a uruform appearance of all
improverrients, consistent with the overall appearance of Tequesta Cay. A copy of the Standards
promulgated by the ARC sha11 be approved by Developer prior to the ARC Turnover Date and
NAP:26016:5 3 5
thereafter by the Board. A Home Owner may obtain a copy of the Standards from the Assaciation by
making a wrxtten request therefor. The ARC may authorize, in a reasonable manner so as not to
destroy the general scheme or plan of development of Tequesta Cay, variances from compliance with
any Standards which it has promulgated pursuant hereto when circumstances such as topography,
natural obstructions, hardship, aesthetics or environmental considerations may require. If any such
variance is granted, no violation of the restrictions contained in this Declaration sha11 be deemed to
have occurred with respect to the matter for which the variance was granted. The granting of such a
variance shall not operate to waive any of the terms and provisions of this Declaration for any
purpose except as to that particular property and particular provision hereof ar Standards
promulgated hereby which are covered by the variance. Such variance shall be evidenced in writing
and executed by the members of the ARC.
17.1.7. Liability; Indemnification. The ARC, the Board, the Association and
Developer do not determine or assume any responsibility for the quality of construction or structural
soundness of any improvements and no obligation or liability relating to construction of any
improvements sha11 result from review or approval of any Plans by the ARC, Board, Association, or
Developer. Furthermore, the ARC, the Board, the Association, and Developer do not evaluate Plans
to determine whether the Plans satisfy all applicable governmental requirements. No member of the
ARC, the Board, the ARC's duly authorized representative, the Association, nor Developer shall be
liable to any Home Owner or any other person or entity for any loss, damage, injury or expense
arising out of or in any way connected with the performance of said party's duties hereunder, unless
due to willful misconduct. Each and every member of the ARC, including, but not limited to,
members designated by Developer, shall be indemnified by the Association and the Home Owners
against all costs, expenses and liabilities, including Lega1 Fees reasonably incurred by or imposed
upon said members in connection with any proceeding, litigation or settlement in wluch said member
becomes involved by reason of being or having been a member or representative of the ARC, the
Board, or Developer which reviewed an appeal of a ARC decision, or any settlement thereof. The
foregoing provisions for indemnification shall apply whether or not said member is a member or
representative of the ARC, the Board, or Developer which reviewed an appeal of a ARC decision, or
any settlement thereof at the time such expenses are incurred. Notwithstanding the above, in instances
where such an individual admits or is adjudged guilty of willful misfeasance or malfeasance in the
performance of said member's duties, the indemnification provisions of tlus Declaration shall not
apply; otherwise, the foregoing rights to indemnification shall be in addition to and not exclusive of
any and all rights of indemnification to which a member of the ARC may be entitled whether by
statute or common law or other provision of the Condotniruum Documents.
17.1.8. Enforcement. There is speeifically reserved unto the ARC the right of entry
and inspection upon any Home or other portion of the Property for the purpose of determination of
whether there exists any construction of any improvement wluch violates the terms of any approval by
the ARC or the terms of this Declaration or of any other covenants, conditions, and restrictions to
which the deed associated with such Home or other instrument of conveyance makes reference.
Except in emergencies, any exercise of the right of entry and inspection by the ARC hereunder shall
NAP:26016:5
36
be made only upon reasanable notice given to the �Iome Owner of record at least twenty-four (24)
hours in advance of such entry. The ARC is specifically empowered to enforce the provisions of this
Declaratian by any legal or equitable remedy and in the event it becomes necessary to resort to
litigation to determine the propriety of any constructed improvement, or to remove any unapproved
improvement. The prevaxling party in such litigation shall be entitled to recover all Lega1 Fees in
connection therewith. The Association sha11 indemnify and hold harmless the ARC from a11 costs,
expenses and liabilities, including Legal Fees incurred by virtue of any member ofthe ARC's service
as a me�ber of the ARC.
18. MAINTENANCE AND REPAIR PROVISIONS
18.1. By Home Owners.
18.1.1. Maintenance and Repair. Each Home Owner sha11 maintain in good condition,
repair and replace at his expense all portions of his Home, including any screening on his patio,
terrace or porch, all window panes, window screens and all interior surfaces within or surrounding his
Home (such as the surfaces of the walls, ceilings and floors), walkway and all exterior doors, casings
and hardware therefor, including garage door openers which are installed by the Owner which must
be either belt driven or screw driven; maintain and repair the fixtures therein, including the air
conditioning equipment; and pay for any utilities which are separately metered to his Home. Every
Home Owner must perform promptly all maintenance and repair work within his Home, as aforesaid,
which if not perFormed would af�'ect the Condominium Property, Tequesta Cay in its entirety or a
Home belonging to another Home Owner. Each Home Owner shall be expressly responsible for the
damages and liabilities that his failure to perform his above-mentioned responsibilities may engender.
Said Home shall be maintained and repaired an accordance with the building plans and specifications
utilized by Developer, copies of which are to be on file in the office of the Association, except for
changes or alterations approved by the Board as provided in this Declaration.
18.1.2. Alterations. No Home Owner shall make any alterations in the Building or the
Common Elements which are to be maintained by the Association or remove any portion thereaf or
make any add°ations thereto or do anything which would or might jeopardize or impair the safety ar
soundness of the Building, the Common Elements, the Limited Common Elements or wluch, in the
sole opinion ofthe Board, would detrimentally affect the arclutectural design ofthe building without
first obtaining the written consent of the Board.
18.1.3. Painting and Board Approval. No Home Owner shall paint, refurbish, stain,
alter, decorate, repair, replace or change the Common Elements or any outside or e�erior portion of
the Building maintained by the Association, including terraces, balconies, porches, doors or window
frames (except for replacing window panes), etc. No Home Owner shall have any exterior lightin�
fi�ures, mail boxes, window screens, screen doors, doorbells, awnings, hurricane shutters, hardware
or similar items installed which are not consistent with the general architecture of the Building
maintained by the Association without first obtaining specific written approval of the Board. The
Board shall not grant approval if, in its opinion, the effect of any of the items mentioned herein will be
NAP:26016:5 3 .,
unsightly as to the portion of the Building maintained by the Association and unless such items
substantially conform to the architectural design of the Building and the design of any such items
which have previously been installed at the time the Board approval is requested.
18.1.4. Duty to Report. Each Home Owner shall promptly report to the Association
or its agents any defect or need for repairs on the Condominium Property or other portions of
Tequesta Cay the responsibility for the remedying of which is that of the Association.
18.1.5. Use of Licensed Plumbers and Electricians. No Home Owner shall have
repairs made to any plumbing or electrical wiring within a Home, except by licensed plumbers or
electricians authorized to do such work by the Board. The provisions as to the use of a licensed
plumber or electrician shall not be applicable to any Institutional Mortgagee or to Developer.
Plumbing and electrical repairs within a Home shall be paid for by and shall be the financial obligation
of the Home Owner, unless such repairs axe made in a Home to plumbing and electrical systems
servicing more than one (1) Home.
18.1.6. Access by Association. Each Home Owner shall permit the Association to
have access to his Home from time to time during reasonable hours when necessary for the
maintenance, repair or replacement of any Common Elements or for making emergency repairs
therein necessary to prevent damage to the Common Elements or to another Home.
18.1.7. Air-Conditioning. Air conditioning units and service lines regarding any such
air conditi�oning units which serve only one Home shall be mafntained, replaced or repaired by the
Home Owner whose Home is serviced by the air conditiorung unit; provided, however, that if any
repair or alteration is to be made in any Common Elements, the Board shall approve all such work.
18.1.8. Liability for Actions. A Home Owner shall be liable for the expense of any
maintenance, repa.ir or replacement of any real or personal property rendered necessary by his act,
negligence or carelessness, or by that of his lessee or any member of their families, or their guests,
employees or agents (normal wear and tear excepted) but only to the e�ent that such expense is not
met by the proceeds of insurance carried by the Association. Such liability shall include the cost of
repairing broken windows. A Home �wner shall also be liable for any personal injuries caused by his
negligent acts or those of lus lessee or any member of their families, or their guests, employees or
agents. Nothing herein contained, however, shall be construed so as to modify any waiver by
insurance companies of rights of subrogation.
18.2. By the Association.
18.2.1. Improvements. The Association shall maintain, repair and replace as
necessary all of the Common Elements, including the driveways, landscaping and sprinkler systems as
well as e�erior surfaces of the �uildings. Notwithstanding the foregoing, the Association's
maintenance responsibility for driveways shall not inciude cleaning; rather cleanup of driveways shall
NAP:26016:5 3 8
be the responsibility of the Home Owner who is entitled to use such driveway. Further, in the event
the Association permits a Home Owner to install a covering on the surface of his or her driveway,
such as but not limited to brick pavers, then the covering shall remain the property of such Home
Owner and the Association shall not be responsible for any damage to such covering in the event of
the need to repair th� driveway.
18.2.2. Utilities. The Association shall maintain, repair and replace all conduits,
ducts, plumbing, wiring and other facilities for the furnishing of any and all utility services and the
maintenance of the sarutary sewer service laterals leading to the Buildings but excluding therefrom
appliances, wiring, plumbing fi�ures and other facilities within a Home. The Association shall also be
responsible for w�ter utility charges which rr�ay be commonly metered.
18.2.3. Perimeter Wa11. Any perimeter wa11 constructed by Developer shall be
rnaintained a.nd owned by the Assocaation. The landscaping in the rights-of-way or along any
Perimeter Wa11 shall be rnaintained by the Association as an "Area of Common Responsibility" and
the costs and expenses for the maintenance, repair and replacernent of the landscaping shall be a
Comrnon Expense.
18.2.4. Underground E�iltration System ("SurFace Water Management System"). The
Association shall be responsible to operate and maintain the Surface Water Management System as
permitted by the South Florida Water Management District ("SFWMD"). Copies ofthis permit and
any future SFWMD permit actions will be maintained by the Association's registered agent for the
Assc�ciation's benefit.
The Village of Tequesta shall have the right, but not the obli,gation, to maintain any
port�on c�f the Surface Water Management System created by Developer, including the right to utilize
for proper purposes any and all drainage easements, access easements and tracts associated with the
Surface Water Management System as such easements and tracts are identified on the recorded plat
of the Land.
In the event the Association fails to maintain the Surface Water Management System
in a manner satisfactory to the Village, the Village may perform the work necessary to properly
maintain the area and thereafter bill the Association for costs related to said maintenance. In the event
said costs are not reimbursed to the Village within thirty (30) days after billing, the Village may assess
the Association or property owners and proceed to file a lien against the properties located within the
subdivision.
18.2.5. The Association shall conduct annual inspections to monitor trench fi.inction.
This shall include observations after extended or heavy rainfall to identify surface ponsling that rr�aght
indicate localized or widespread clogging. Water levels within the inlets should be recorded to check
exfiltration capacity. Inlets pumps sha11 be inspected f�r sediment buildup and if found to be
excessive removed manually or by vacuum pump.
NAP:26016:5 3 9
18.2.5.1. The Association shall minimize erosion by implementing a
vigarous landscape maintenance regimen that promotes healthy lawn growth. In addition, mowers
shall be equipped with catchers to prevent clippings from entering the system.
18.2.5 .2. The SFWMi� requires the followirag additional language to be
in�luded in this Declaration: The life expectancy of the system is generally fifteen (15) yeaxs. At that
point, rehabilitation would be required. A reserve fund equal to the initial construction cost
(approximately $50,000.00) would be typical. This work could be coordinated with the expected
roadway resurfacing to reduce the total expenditure.
18.2.6. Compliance With Regulations of Public Bodies. The Association shall perform
such acts and do such things as shall be lawfully required by any public body having jurisdiction over
the same in order to comply with sanitary requirements, fire hazard requirements, zoning
re�uirements, setback requirements, drainage requirements and other similar requirements designed to
protect the public. The cost of the foregoing shall be a Cammon Expense.
1�.2.7. Common Expense. All costs and expenses of maintenance described in this
Article 18.2 shall be a Common Expense.
18.3. Developer's Warranties.
Notwithstanding anytkung contained in ihis Article 18 to the contrary, each Home
Owner acknowledges and agrees that Developer shall be irreparably harmed if a Hoane Owner
undertakes the repair or replacement of any defective portion of a Home, a Building, the Common
Elements or any other real or personal property constituting the Condominium Property or other
portions of Tequesta Cay during the time in which Developer is liable under any warranties in
connection with the sale of any Home. Accordingly, each Home Owner hereby agrees (i) to
promptly, upon such Home Ovvner's knowledge of the e�stence of any such defective portion,
provide written notice to Developer specifying each such defective portion, upon the rece�pt ofwhich
Developer shall have thirty (30) days ("Repair Period") to commence the repair c�r replacernent of
such defective portion and diligently pursue the completion thereof; and (ii) not to repa�r, replace or
otherwise adjust any such defective portion during the Repair Period; provided, however, that if
Developer fails to commence the repair or replacement of such defective portion within the Repair
Period, such Home Owner may repair or replace same. If any Home Owner fails to eomply with the
provisions of this Paragraph 18.3, such Home Owner will be deemed to have breached his obligation
to mitigate damages and such Home Owner's conduct shall constitute an aggravation of damages.
18.4. Alterations and Improvements.
The Association shall have the right to make or cause to be made stn�ctural changes
and improvements of the Common Elements which are approved by the Board and which do not
NAP26016:5 4 �
prejudice the rights of any Home Owner or any Institutional Mortgagee. In the event such changes or
improvements prejudice the rights of a Home Owner or Institutional Mortgagee, the consent of such
Home Owner or Institutional Mortgagee so prejudiced shall be required before such changes or
irr�provements may be made or caused. In any event, approval of the Board shall be submitted for
ratification by the affirmative vote of the Home Owners of two-thirds (2/3) of the Homes if the cast
of the same sha11 be a Common Expense which shall exceed One Thousand Dollaxs ($1,000) per
Home. The cost of such alterations and improvements shall be assessed among the Home Owners in
pr�portion �o their share o� Common �xpenses.
19. ASSESSMENTS FOR COMMON EXPENSES; ESTABLISHMENT AND
ENFORCEMEIVT OF LIENS
19,1. Affirmative Covenaa�t to Pay Cammon Expenses.
In order to: (i) fulfill the covenants contained in this Declaration; (ii) provide for
maintenance and preservation of the Common Elements for the recreation, safety, welfare, and benefit
of Home Owners, their invitees, guests, family members and lessees, subject to the terms of this
Declaration; and (ui) provide for ma,intenance and preservation of the services and amenities provided
for herein, there is hereby imposed upon the Homes and the Home Owners thereof the affirmative
covenant and obligation to pay the Assessments including, but not lirruted to, the Annual
Assessments. Each Home Owner, by acceptance of a deed or other instrument of conveyance for a
Home, whether or not it shall be so expressed in any such deed or instrument, shall be so obligated
and agrees to pay to the Association all Assessments detea°mined in accordance with the provisions of
this Declaration and all of the covenants set forth herein shall run with the Condomiruum Property
and each Home therein.
19.2. Lien.
The Annual Assessment and Special Assessments, as deterrruned in accordance with
Article 19 hereof, together with Interest thereon and costs of collection thereof, including Lega1 Fees
as hereinafter provided, are, pursuant to the Act, subject to a lien right on behalf of the Association to
secure payment thereof and such Assessments are hereby declared to be a chaxge on each Home and
shall be a continuing lien upon the Home against which each such Assessment is made. Each
Assessment against a Home together with Interest thereon and costs of collection thereof, including
Lega1 Fees, shall be the personal obligation of the person, persons, entity and/or entities owning the
Home so assessed. The Association's statutory lien for Assessments shall be effective only from and
after the time of recordation amongst the Public Records of the County of a written acknowledged
statement by the Association, as of the date the statement is signed setting forth the description of tl�e
condominivan parcel, the name of the record owner, the name and address of the association, the
amount due to the Association and the due dates. Upon full payment of all sums secured by such lien
or liens, the party rnaking payment shall be entitled to a recordable satisf�,ction of the statern�nt of
lien.
NAP:26016:5 41
19.2.1. Personal Obligation. Each Assessment against a Home, together with Interest
thereon and costs of collection thereof, including Legal Fees, shall be the personal obligation of the
person, pers�ns, entity andlor entities owning the Home so assessed.
19.2.2. Institutional Mortgagees. An Institutional Mortgagee or other person wha
obtains title to a Home by foreclosure of a first mortgage, or Institutional Mortgagee who obtains title
to a Home by deed in lieu of foreclosure, shall be liable for the unpaid Assessments that became due
prior to such acquisition oftitle to the extent required by Section 718.116, Florida Statutes as it e�sts
at the tirne of recording this Declaration in the Public Records of the County. Assessments wlv.ch are
nqt due from such Institutional Mortgagee shall become a Common Expense collectible from all
Home Owners pursuant to Paragraph 20.9 hereof.
19.3. Enforcement.
In the event that any Home Owner sha11 fail to pay any Annual Assessment, or
installment thereof, ar any Special Assessment, or installment thereof, charged to his Home within
fifteen (15) days after the same becomes due, then the Association, through its Board, shall have the
following remedies:
(i) To advance, on behalf of the Home Owner in default, funds to accomplish the
needs ofthe Association; provided that: (a) the amount or amounts ofmonies
so advanced, including Legal Fees and expenses which have been reasonably
incurred because of or in connection with such payments, together with
Interest thereon, may thereupon be collected by the Assaciation; and (bj such
advance by the Association shall not waive the default of the �-Iort�e Owner in
failing to make its payments;
(ii) 'To accelerate the entire amount of any Assessments for the remainder of the
budget year in accordance with the provisions of the Act and rules set forth in
the Florida Administrative Code promulgated by the Division of Florida Land
Sales, Condominiums and Mobile Homes;
(iii) To file an action in equity to foreclose its lien at any time after the effective
date thereof or an action in the name of the Association in like manner as a
�oreclosure of a mortgage on real property; and
(iv} To file an action at law to collect the amount owing plus Interest and Le�al
Fees without waiving its lien rights and its right of foreclosure.
NAP26016:5 4 �
any such Guarantee For Common Expenses shall terminate on the Majority Election Date in the event
the Majority Election Date occurs prior to December 31, 2005.
20.3. Special Assessments.
In addition to the Annual Assessment, Home Owners shall be obligated to pay such
Special Assessrnents as shall be levied by the �oard against their Homes in accordance with the
�ylaws, either as a result of: (i) extraord'anary items of expense; (ii) the failure or refusal of other
Home Owners to pay their .Annual Assessment; or (iii) such other reason or basis determined by the
Board wliich is not inconsistent with the terms of the Condominium Documents or the Act.
21. COMMON EXPENSES
The following expenses are declared to be Common Expenses of the Condomiruum whach
each Home Owner is obligated to pay to the Association as provided in tlus Declaration and the
Condomini�m Documents.
21.1. Taxes.
Any a.nd all taxes levied or assessed at any and all t�mes by any and a11 taxing
a�thorities in�luding all taxes, charges, assessments and impositions and liens for public
amprovements, special ch�rrges and assessments and water drainage districts, and in general all taxes
a,nd tax liens vvhich may be assessed agaanst the Common Elements and against any and all personal
property and improvements, which are now or which hereafter may be a portion thereof to be placed
thereon, including any interest, penalties and other charges which may accrue thereon shall, as
appropriate, be considered Common Expenses.
21.2. Utility Charges.
All charges levied for utilities providing services for the Common El�ments, whether
they are supplied by a private oa� public firm shall, as appropriate, be considered Common Expenses.
It is contemplated that this obligation will include all charges for water, gas, electricity, telephone,
sewer and any other type of utility or any other type of service charge incurred in conn�ction vvith the
Cammon Elements. If required by the Village of Tequesta, the murucipality in which the Land is
located, title to the water and sewer lines located within the Condominium Property will be conveyed
to the Association by the date of the "Majority Election Meeting" (as defined in the Articles) and the
Association will be responsible for the maintenance thereof. The cost of such maintenance shall be a
Common Expense.
NAP:26016:5 4 4
21.3. Insurance.
The premiums on any policy or policies of insurance required to be maintained under this
Declaration and the premiums on any policy or policies the Association determines to tnaintain on the
Condominium Property or specificaily related to this Condominium, even if not required to be
rnaintained by the specific terms of this Declaration, sha11 be Common Expenses.
21.4. Destruction of BuiPdings or Improvements.
Any sums necessary to repair or replace, canstruct or reconstruct damages caused by
the destruction of any building or structure upon the Comnnon Elements by fire, windstorm, flood or
other casualty regardless of whether or not the same is cavered in whole or in part by insurance,
in�luding a11 amounts required to be deducted from any proceeds received by the Association from an
insurer pursuant to a deductible clause in the applicable insurance agreement, sha11 be Common
Expenses. In the event insurance money shall be payable, such insurance money sha�ll be paid to the
Association who shall open an account with a banking institution doing business in the County, for
the purpose of providing a fund for the repair and reconstruction of the damage. The Association
shall pay into such account, either in addition to the insurance proceeds, or in the event there are no
insuranc� proceeds, such sums as may be necessary so that the funds on deposit will equal the costs af
repair and reconstruction of the damage or destruction. The sums necessary to pay for the damage or
destruction as herein contemplated shall be considered Common Expenses, but shall be raised by the
Association under the provisions for Special Assessments as provided in Paragraph 20.3 of this
Declaration. T'he Association agrees that it will levy Special Ass�ssments to provide the funds for the
cost of reconstruction or construction within ninety (90) days from the date the destruction takes
place and shall go forward with all deliberate speed so that the construction or reconstruction, repair
or replacement, sha.11 be completed, if possible, within nine (9) anonths from the date of damage.
NAP:26016:5 4 �
21.5. Maintenance, Repair and Replacements
Common Expenses shall include all expenses necessary to keep and maintaan, repair
and replace any and all buildings, improvements, Surface Water Management System, personal
property and furniture, fixtures and equipment of the Association upon the Corrunon Elements,
including driveways (except as provided in Paragraph 19.3(i) hereofl, landscaping, and lawn and
sprinkler service, in a mat�ner consistent with the development of the Condoirunium and in accordance
with the covenants and restrictions contained herein, and with all orders, ordinances, rulings and
regulations of any and all federal, state and city governments having jurisdiction thereover including
th� statutes and laws of the State of Florida and the United States. This shall include any expenses
attributable to the maintenance and repair and replacement of pumps or other equipment, if any,
located upon or servicang the Condominium Property pursuant t� agreements between the
Associatior� and utility corporations. Any expenses for replacements which would not be in the nature
of normal repair and maintenance shall be the subject of a Special Assessment as provided in
Paragraph 20.3 of this Declaration.
21.6. Admira�strative and Operational Expenses.
The costs of adrrunistration of the Association including, but not limited to, any
secretaries, bookkeepers and other employees necessary to carry out the obligations and covenants of
the Association as to the Condominium shall be deemed to be Common Expenses. In ad�lition, it is
contemplated that the Association may retain a management company or companies or contractors
(an� of which management companies or contractors may be, but a,re not required to be, a subsidiary,
affiliate or an otherwise related entity of Developer) to assist in the operation of the Condoininium
Property and carrying out the obligations of the Association hereunder. The fees or costs of this or
any other management company or contractors so retained shall be deemed to be part ofthe Cominon
Expenses h�reunder as will fees which may be required to be paid to the Division of Flox�da Land
Sales, Condomirriums and Mobile Homes from time to time.
21. 7. Indemnification.
The Association covenants and agrees that it will indemnify and hold harmless
Developer and the members of the Board from and against any and all claims, suits, actions, damages,
and/or causes of action arising from any personal injury, loss of life, and/or damage to property
sustained in or about the Condominium Property or the appurtenances thereto from and against all
costs, Legal Fees, expenses and liabilities incurred in and about any such claim, the investigation
thereof or the defense of any action or proceeding brought thereon, a.nd from and against any ord�rs,
judgments and/or decrees which may be entered therein. Included in the foregoing provisions af
indemnification are any expenses that Developer may be compelled to incur in bringing suit for the
purpose of compelling the specific enforcement of the provisions, conditions arad covenants contained
in this Declaration to be kept aa�d performed by the Association.
NAP26016:5
46
21.8. Compliance with Laws.
The Association shall take such action as it determines necessary or appropriate in
order for the Common Elements to be in complianc� with all applicable laws, statutes, ordinances and
regulations of any governmental authority, wheth�r federal, state or local, including, without
lir�itation, any regulations regarding zoning rec�uirements, setback requirements, drainage
requirements, sanitary conditions and fire hazards, and the cost and expense of such action taken by
the Association shall be a Common Expense.
21.9. Failure or Refusal of Home Owners to Pay .Annual Assessments.
Funds needed for Cornmon Expenses due to the failure or refusal of �Iorrre Owners to
pay their Annual Assessments levied shall, themselves, be deemed to be Common Expenses and
properly the subject �f an Assessment.
21.10. Extraordinary Items.
Extraordinary items of expense under this Declarataon such as expenses due to
casualty losses and other e�raordinary circurnstances shall be the subject of a Special Assessment.
21.11. Matters of Special Assessments Generally.
Amounts needed for capital improvements, as hereinbefore set forth, or for other
purposes or reasons as determined by the Board to be the subject af a Special Assessment which are
not inconsistent with the terms of any of the Condominium Documents must also be approved by a
majority vote of the �Iome Owners at any meeting of inembers of the Association having a quorum,
except that no such approval need be obtained for a Special Assessment for the replacement or repair
of a previously e�sting improvement on the Conc�ominium Property which was destroyed or
damaged, it being recognized that the sums needed for such capital expenditure shall be the subject of
a �}3ecial Assessrnent.
21.12. Costs of Reserves.
The funds necessary to establish an adequate reserve fund ("Reserves") for periodic
maintenance, repair and replacement of the Common Elements and the facilities and improvements
thereupon in amounts determined sufficient and appropriate by the Board from time to time shall be a
Coynrrion Expense. Reserves shall be levied, assessed and/or waived in accordance with th� Act. 'The
Reserves shall be deposited in a separate account to provide such funds and reserves. The moni�s
collected by the Association on account of Reserves shall be and shall remain the exclusive property
of the Association and no Home Owner shall have any interest, claim or right to such Reserves or any
fund composed of same.
NAP'26016:5 4 �
21.13. Miscellaneous Expenses.
Ca�nmon Expenses shall include the cost of a11 items �f costs or expense pertaiiung to
or for the benefit of the Association or the Common Elements, or any part thereof, not herein
specifically enurnerated and which is determined to be an appropr�ate item of Common Expense by
the Board.
22. PROVISIONS RELATING TO PROHIBITION
OF FTJRTHER SUBDIVISION
22.1. Subdivision.
Except regarding such rights as may be granted by Developer hereunder, the space
within any of the Horries and Common Elements shall not be further subdivided. No time share units
may be created in any portion of the Condominium Property. Any instrum�nt, whether a conveyance,
mortgage or otherwise, w�uch describes only a portion of the space within any Home shall be deemed
to describe the entire Home owned by the person executing such instrument and the interest in the
Cominon Elements appurtenant thereto.
22.2. Incorporation of Section 718.107.
The provisions of Section 718.107 of the Act are specifically incorporated into this
D�c�a.ratio�.
23. PROVISIONS RELATING TO SEVERABIi,ITY
If any provision of this Declaration, any of the other Condorninium Documents or the Act is
held invalid, the validity of the remainder of this Declaration, the Condominium Documents or the Act
shall not be affected.
24. PROVISIONS RELA'TING TO INTERP�ZETATION
24.1. Titles.
Article, Paragraph and subparagraph titles in this Declaration are intended only for
convenience and for ease of referenc�, and in no way do such titles define, lirrut or in any way afFect
tlus Declaration or the mearung or contents of any material contained herein.
NAP'26016:5 4 8
24.2. Gender.
Whenever the context so requires, the use of any gender shall be deemed to include all
genders, the use of the plural shall include the singular and the singular shall include the plural.
24.3. 1Vlember.
As used h�rein, the term "member" means and refers to any person, natural or
corporate, who becomes a member of the Association, whether or not that person actually
partacipates in the Association as a member.
24.4. Rule Against Perpetuities.
In the event any court should hereafter determine any provisions as originally d�
herein in vic�lation of the rule of property knovvn as the "rule against perpetuities" or any other rule of
law because of the duration of the period involved, the period specified in this Declaration shall not
thereby become invalid, but instead sha11 be reduced to the maximum period allowed under such rule
of law, and for such purpose, "measuring lives" shalt be that of the incorporator of the Association.
25. PROVISIONS CONTAINING RENIEDIES FOR VIOLATION
Each Home Owner sha11 be governed by and shall comply with the Act and all of the
Condorrunium Do�uments as such Condominium Documents may be amended and supplemented
from time to time. Failure to do so shall entitle the Associatian, any Home Owner or any Institutional
Mortgagee holding a mortgage on any portion of the Condominium Property to sue for either
injunctive relief, for damages �r for both, and such parties shall have all other rights and remedies
which may be available at law or in equity. The failure to enforce promptly any of the provisions of
the Condominium Documents shall not bax their subsequent enforcement. In any proceeding arising
b�cause of an alleged failure of a Home Owner to comply with the terms of the Condomiruum
Documents, the prevailing pariy shall be entitled to recover the costs of the proceeding and Legal
Fees. The failure of the Board to object to Home Owners' or other parties' f�ilure to comply with
covenants or restrictions contained herein or in any of the other Condominium Documents (including
the rules and regulations promulgated by the Board) now or hereafter promulgated shall in no event
be deemed to be a waiver by the Board or of any other party having an interest therein of its rights to
object to same and to seek compliance therewith in accordance with the pravisions of the
Condominium Docurrients.
NAP:260T6:5 4 9
26. PROVISIOl�S FOR ALTERATIOIVS OF HOMES BY DEVELOPER
26.1. Developer's Reserved IZight.
I)eveloper reserves the right to alter, change or rnodify the interior design and
arrangernent of all Homes and to nonmaterially alter the boundaries between the Hom�s as long as
Developer owns the Hoanes so altered (wluch alterations in Developer's Homes are hereinafter
re�erred to as the "Alterations"). Any material alterations require the majarity approval ofthe Voting
Interests in the Condominium.
2b.2. Alterations Amendment.
Any Alterations which will alter the boundaries of existing Common Elements of this
Condominium other than interior walls abutting Homes owned by Developer and the Common
Elements therein and not including proposed Common Elements of any Subsequent Phase not then
submitted to condorrunium ownership will first require an amendment to this Declaration in the
manner provided in Article 25 hereof.
In the event the Alterations do not require an amendment in accordance with the
above provisions, then, as long as Developer owns the Hames being affected, an amendment of this
Declaration shall be filed by Developer ("Developer's Amendment") in accordance with the
provisions of this Paragraph. Such Developer's Amendment need be signed and acknowledged only
by Developer and need not be approved by the Assacia.tion, Home Owners or lienors or mortgagees
of the Homes, whether or not such approvals are elsewhere required for an amendment of this
Declaration; provided, however, if the amendinent is material, then the consent of a majority of the
Home Owners is also req�ired.
27. PROVISIONS FOIZ AMENDMENTS TO DECLAR.ATION
27.1. General Procedure.
Except as to the Amendment described in Paragraph 25.2 hereof, and the matters
described in Paragraphs 27.2, 27.3, 27.4, 27.5, 27.6 and 27.7 below, and except when a greater
percentage vote is required by this Declaration for a certain action (in which case such greater
percentage shall also be required to effect an amendment) (e.g., Paragraph 10.2 herein), this
Declaration may be amended at any regular or special meeting of the Home Owners called and held in
accordance with the Bylaws, by the affirmative vote of not less than two-th�rds (2/3) of the Ho�ne
Owners; provided that any amendment shall also be approved or ratified by a majority ofthe �oard a.s
a whole. An amendment to the Declaration shall be evidenced by a certificate executed by the
Association and recorded in accordance with the Act. A true copy of such amendment shall be sent
by c�rtified mail by the Association to Developer and to all Institutional 1Vlortgagees ( cC le�Ia�ling"). The
amendment shall become effective upon the recording of the certificate amongst the Public Records,
rvaP:2so� s:s s o
but ihe certificate shall not be recorded until thirty (30) days after the Mailing, unless such thirty
(30}-day period is waived in writing by Developer and all Institutional Mortgagees.
27.2. Material Alteration.
Except as otherwise provided in this Declaration, no amendment of the Declaration
shall change the configuration or size of any Home in any material fashion, materially alter or modify
the appurtenances to such Home, change the proportion or percentage by which the Home Owner
shares the Common Expenses and owns the Common Surplus and Coanmon Elements or the Home's
voting rights in the Association, unless: (i) the record owner of the unit; (ii) all record owners of liens
on the Home join in the exec�tion of the amendment; and (iii) all the record owners of all other
Homes approve the amendment. Any such amendments shall be evidenced by a certificate joined in
and executed by a11 the Home Owners and all Institutional Mortgagees holding mortgages thereon
and shall be recorded in the same manner as provided in Paragraph 27.1; provided, however, no
amendment to this Declaration shall change the method of determining Annual Assessments unless
approved in writing by the Institutional Mortgagees holding mortgages encumbering two-thirds (2/3)
of the Hor�as encu�nb�red by mortgages held by Institutional Mortgagees.
27.3. Defect, Errar or Omission.
Whenever it shall appear to the Board that there is a defect, error or omission an the
D�claration, or in other documentation required by law to establish this Condominiu�n, the
Association, through its Board, shall immediately call for a special meeting of the Home Owners to
consider amendgng the Declaratian or other Condomiruum Documents. Upon the affirmative vote of
one-third (1/3) of the Home �wners, with there being more positive votes than negative votes, the
Association shall amend the appropriate dacuments. A true copy of such aanendment shall be sent in
conformance with the Mailing. The amendment shall become effective upon the recording of the
certificate amongst the Public Records, but the certificate shall not be recorded until thirty (30) days
after the Mailing, unless such thirty (30) day period is waived in writing by I�eveloper and all
Institutional Mortgagees.
27.4. Rights of Developer and Institutional Mortgagees.
No amendment shall be passed which shall impair or pr�judice the rights or priorities
of Developer, the Association or any Institutional Moatgagee under this Declaration and the other
Condomiruurn Documents without the specific written approval of Developer, the Association or any
Institutional Mortgagees ai�ected thereby. In addition, any amendment that would affect the Surf��e
Water Management System, including the conservation areas or water management portions of the
Common Elements, must have the prior approval of the South Florida Water Management District.
In addition, any amendment to the provisions ofthis Declaration wkuch run in favor ofthe Village of
Tequesta, must have the prior a,pproval of the Village of Tequesta. In the event of termination ofthis
NAP'2607 6:5
51
Declaration, rights that inure to the benefit of the Village of Tequesta will survive the termination of
this Declaration.
27.5. Scrivener's Error.
The Association may atnend this Declaration and any e�ub�ts hereto, in order to
correct a scrivener's error or other defect or omission by the a.f�irmative vote of two-thzrds (2/3) of
the Board without the consent of the Home Owners provided that such amendment does not
materially and adversely affect the rights of Home Owners, lienors or mortgagees. This amendment
shall be signed by the President of the Association and a copy of the amendment shall be furnished to
the Association and all Listed Mortgagees and sent pursuant to the Mailing as soon after recording
thereof amongst the Public Records as is practicable.
27.6. Amendments Required by Secondary Mortgage Market Institutions.
1mTotwithstanding �nything contained herein to the contrary, Developer may, without
the c�nsent of the Home Owners, file any amendment which may be required by an Institutional
Mortgagee for the purpose of satisfying its Planned Unit Development criteria or such
criteria as may be established by such mortgagee's secondary mortgage market purchasers, including,
w�thout litnitation, the Federal National Mortgage Association and the Federal Home Loan Mortgage
Corporation; provided, however, that any such Developer-filed amendments must be in accordance
with any applicable rules, regulations and other requirements promulgated by the United States
Depa.rtment of Housing and Urban Development.
27.7. Amendments Regarding Tenants.
Any amendment to any of the Condominium Documents granting the Associatton or
the Board the right to approve or in any manner screen tenants of any Home Owner must first be
approved by a majority of the �oard and three-fourths (3/4) of all Homes Owners (at a duly called
meeting of the Home Owners at wkuch a quorum is present).
27.8. Condominium Documents.
The Articles, Bylaws, Master Declaration and other Condominium I�ocdzrrnents sha11 be
amended as provided in such do�uments.
Neither tlus Declaration nor the Condominium Documents may be amendad �n any
manner that would alter or amend the Association's (its successors' or assigns') obligataons which
inure to the benefit of the Village of Tequesta, or which obligate the Association to perform or abide
by the site plan approved by the Village of Tequesta for this pro�yect or the Village of Tequesta's
Codes and Ordinances.
NAP26016:5 52
27.9. Form of Amendment.
To the extent required by the Act, as amended from time to time, no pravision of this
Declaration shall be revised or amended by reference to its title or number only and proposals to
atnend existing provisions of this Declaration shall contain the full text of the provision to be
amended; new words shall be inserted in the te� and underlined; and words to be deleted shall be
lined through with hyphens; provided, however, if the proposed change is so extensive that this
procedure would hinder rather than assist the understanding of the proposed amendment, it is not
necessary to use underlining and hyphens as indicated for words added or deleted, but, instead a
nqtation shall be inserted immediately preceding the proposed amendment in substantially the
following language: "Substantial Rewording of Declaration. See provision for present
text." Notwithstanding anything herein contained to the contrary, however, failure to comply with
the above format shall not be deemed a material error or amission in the amendment process and sha11
not ir�validate an otherwise properly promulgated ame�dment.
28. PROVISIONS SETTING FORTH THE RIGHT OF DEVELOPER �'O SELL
HOMES OWNED �Y IT FREE OF RESTRIC`TIONS
SET FORTH IN ARTICLE 16
28.1. Developer's Right to Convey.
The provisions, restrictions, terms and conditions of Article 16 hereof shall not apply
to Developer as a Home Owner, and in the event and so long as I�eveloper shall own any I-�ome,
whether by reacquisition or otherwis�, Developer shall have the absolute right to sell, convey,
transfer, mortgage or encumber in any way any such Home upon any terms and conditgons as it shall
deem to be in its own best interests.
28.2. Developer's Right to Transact Business
Developer reserves and shall have the right to enter into and transact �n the
Condomuuum Property and other portions of Tequesta Cay any business necessary to consummate
the sa1e, lease or encumbrance of Homes, including the right to maintain models and a sales and/or
leasing office, place signs, employ sales personnel, hold promotional parties, use the Common
Elements and show Homes and including the right to carry on constnaction activities of all types
necessary to construct all improvements in Tequesta Cay pursuant to the plan for development as set
forth in Articles 5 and 6 hereof. Any such models, sales and/or leasing office, signs and any other
items pertaining to such sales andlor leasing efforts sha11 not be considered a part of the Cominon
Elements and shall remain the property of Developer.
NAP:26016:5
53
28.3. Assignment.
This Article 28 may not be suspended, superseded or modified in any manner by any
amendment to the Declarat�on, unless such amendrnent is consented to in writing by Developer. The
right of use and transaction of business as set forth in thi� Article 28 may be assigned in writing by
Developer in whole or in part.
29. GENERAL PROVISIONS
29.1. Withdrawal Notice and Other Units.
29.1.1. �ghts of Developer. Nothing contained in this Declaration shall be deemed
to prohibit Developer from developing any condominium units, other than the Homes within the
Co�adominium ("Other Units"), upon any portion of any Subsequent Phase with respect to which
Developer has recorded amongst the Public Records a Withdrawal Notice.
29.1.2. I�ghts of �-Iotne Owners of Other Units to Use Phase 7 and Easements
Created for Access. In the event that Developer constructs Other Units, the awners of such Other
Units ("Other Unit Owners") and their family members, guests, invitees, and lessees may have as an
appurtenance to and a covenant running with such Other Units: (i) the right to use and enjoy any
landscaped areas, walks, drives, parking areas, other facilities and improvements, including, but not
lir�uted to, the real property and all improvements which comprise Phase 7(whether or not added to
the Condominium Property) in the same manner and with the same privileges as Owners have or may
have from time to time; and (ii) a perpetual nonexclusive easement over, across and through Phase 7
for the use and enjoyment thereof and from and to public ways, including dedacated streets. Owners
shall have a similar perpetual nonexclusive easement for ingress and egress and access to, over and
across the walks and other rights-of-way located upon the portion of the Land covered by a
�Nithdrawal Notice from and to public ways, including dedicated streets and Phase 7 subject to rules
and regulations established by the Association governing the use and enjoynnent of such easements.
The Association shall not e�tablish any rule or regulation u�th respect to the use and enjoyment of
Phase 7, or the easements created by this Paragraph 29.1.2 which do not apply uniformly ta the
OYvners, Other Unit Owners and their respective family members, guests, invitees and lessees.
29.1.3. Obligations of Other Units. In the event that Developer devel�ps Uther �Jnits,
the Association shall itemize sepaxately in the �nnnual bud�ets of the Association, and all adjustments
and revisions theretq the expenses ("Other Unit Expenses") anticipated to be incurred by the
Association to administer, operate, maintain, repair, and improve Phase 7, including, but not limited
to, the cost and expense of any taxes and insurance wluch can be determined as applicable solely to
Phase 7. The Other Unit Expenses shall be assessed equally among all existing Uruts and the "Other
Uruts Subject to Assessment" (as hereinafter defined). Each Unit's share of the Other Unit Expenses
shall be the product of the tnultiplication of the Other Unit Expenses multiplied by a fraction, the
numerator of which is one (1) and the denominator of wlaich is the "'Total Unit�" (as hereina�ter
NAP:26Q16:5 5 4
defined). Each Other Unit Subject to Assessment shall also be responsible for its proportionate shaxe
of any expense with respect solely to Phase 7, which would be subject to a Special Assessment
against Units. "Other Units Subject to Assessment" shall mean the tot�l number of Other Units
dsveloped from tirne to tirne on any port�on of the Land originally intended to be a Subsequent Phase
with respect to wluch the Developer has recorded amongst the Public Records a Withdrawal Notice
and to which Developer has granted the right to use the improvements located upon Phase 7, which
shall beeorrie subject to assessment upon the recording amongst the Public Records of a declaration of
condominium submitting such Other ilruts to the condominium forrn of ownership. "Total Units" as
used herein shall anean the sum of the number of Units within the Condoirunium and the number of
(�$her Units Subject to Assessrnent as determined from time to time. In the event of condemnation of
any Other Units Subject to Assessrrient, assessments against such Other Units Subject to Assessment
sha11 be reduced or eliminated on the same basis as Assessments shall be reduced or eliminated with
respect to Units.
29.1.4. Liens upon Other TJnits. There shall be a chaxge on and continuing lien upon
all Other IJnits Subject to Assessment against which assessment is made as provided in Paragraph 31
which shall be subject to all provisions herein to which Homes are subject, including, but not limited
t�, tlhe rights of foreclosure �f Other Units Subject to Assessment and such right shall be set forth in
the documents establishing the Other Units.
29.1.5. Conflict with Other Provisions. The matters set forth in Paragraphs 29.1.2,
29.1.3 and 29.1.4 sha11 only become applicable if, as and when Developer develops Other Units, and,
in such event, shall control in the event of any conflict between the terms and provisions of such
Paragraphs 29.1.2, 29.1.3 and 29.1.4 and the terms and provisions of any other Paragraphs in tl�s
Declaration. Amendment of this Article 29 shall require, in additian to any votes or approvals
elsewhere required, the vvritten consent of Developer for so long as Developer owns any Homes or
Other Units or �,n,ny portion of the Land upon which they can be built and by a majority of the Other
Unit Owners, if any.
29.1.6 Merger. In the event I�evelop�r develops Other Units which are subrrutted to
the condominiurri form of ownership, the Association may merge the condominiums operated by the
Association by calling a special meeting for such purpose, obtaining the affirmative vote of seventy-
five percent (75%) of the owners in each such condominium, obtaining the approval of all record
owners of liens, and upon the recording of nevv or amended Articles of Incorporation, Declarations,
and Bylaws.
29.2 Multicondorntraium.
In the event there are Other Units, as described in Paragraph 28.1 hereinabove, wluch are
units in a condominium or condominiums operated by the Association ("Multicondominium"), then in
addition to the provisions of Paragraph 29.1, the following provisions shall also apply.
NAP:26016:5 5 �
Liabil�ty for the Common Expenses of the Association wYuch are not Common Expenses
attributable to a particular condoaninium or condominiums ("Association Expenses") shall be equal as
to each condominium unit operated by the Association. The Assessment for Association Expenses as
to each condomir►ium sha11 be deterrauned by dividing the Association Expenses by the total number of
condom�nium units operated by the Association. As to each condominium, tlus amount shall be
m�ltiplied by the number ofunits in the condominium, which a,mount shall be added to the common
expenses of the condominium to be levied and assessed against the unit owners thereof in accordance
with the declaration of condorninium for that condominium. The share of each Other Unit Owner in a
Multicondominium in the Comrnon Surplus of the Associatican shall be d�termined in the same
rriar�ner.
Developer currently has no plans to have Other Utut Owners in any such Multicondominium
share common elements, other than the easem�nt provided in subparagraph 29.1.2 hereinabove, or ta
add aa�y property to be owned by the Association.
In the event Developer creates a Multicondominium, each Multicondominium unit shall have
appurtenant thereto oa�e {1) vote in the Association, which shall be exercised personally by the urut
owner.
29.3. Severability.
Invalidation of any one of these covenants or restrictions or of any of the terms and
conditaons herein contained shall in no way a.ff�ct any other provis�ons v�hich shall remain in fiill force
and ef�ect.
29.4. Rights of Mortgagees.
29.4.1. Right to Notice. The Association shall make available for inspection upon
request, during normal business hours or under reasonable circumstances, the Condomituurn
Documents and the books, records and financial statements of the Association to Home Owners and
the holders, insurers or guarantors of any first mortgages encumbering Homes. In addition, evidence
of insurance shall be issued to each Home Owner and mortgagee holding a mortgage encumbering a
Home upon written request to the Association.
29.4.2. Rights of Listed Mortgagee. Upon written request ta the Associatiora
identifying the name and address of the Listed Mortgagee of a mortgage encumbering � Home and
the legal description of such H�me, the Association shall provide such Lasted Mortgagee with tflrnely
written notice of the following:
29.4.2.1. Any condemnation, loss or casualty loss which affects any material
portion of the Condominium or any Home encumbered by a first mortgage held, insured or
guaranteed by such Listed Mortgagee;
NAP:26016:5 5 E
29.4.2.2. Any lapse, cancellation or material modification of any insurance
policy or fidelity bond maintained by the Associatio�r;
29.4.2.3. Any proposed action which would require the consent of mortgagees
holding a mortgage encurnberin� a Home; and
29.4.2.4. Any failure by a Home Owner owning a Horzie encumbered by a
mortgage held, insured or guaranteed by such Listed Mortgagee to perform his obligations under the
Condo�ninium Dacuments, including, but not limited to, any delinquency in the payrn�nt of Annual
Assessments or Special Assessments, or �ny other charge owed to the Association by said Home
Owner where such failure or delinquency has continued for a period of si�y (60) days.
29.4.3. Right of L'asted Mortgagee to Receive Financial Statement. 1�ny Listed
Mortgagee shall, upon written request made to the Association, be entitled free of charge to financial
statements from the Association for the prior fiscal year and the same shall be furnished withim a
reasonable time foliowing such request.
29.4.4. Right to Cover Cost. Developer (until the Majority Electian Meeting) and
any Listed 1Vlortgagee shall have the right, but not the obligation, jointly or singularly, and at their
sole option, to pay any of the Ass�ssments wluch are in default and which may or have becorne a
charge against any Home. Further, Developer (until the Majarity Election Meeting) and any Listed
Mortgagees shall have the right, but not the �bligation, jointly ar singularly, and at their sole option,
to pay insurance premiums or fidelity bond prer�ums or any New Total Tax on behalf of the
Association where, in regard to insurance premiums, the premiums are overdue and where lapses in
policies may or have �ccurred or, in regard to New Tota1 Taxes, where such tax is in d�fault and
which may or has become a charge against the Condorruruum Property. Developex and any Listed
ldlortgagees paying insurance premiums or any New Total �'ax on behalf of the Association as set
forth above sha11 be entitled to imanediate reimbursement from the Association plus any costs of
collection, including, but not limited to, Legal Fees.
29.5. D�veloper Approval of Association Actions.
Notwithstanding anything in this Declaration to the contrary, while Developer holds
Hpmes for sale or lease in the ordinary course of business, none of the £ollowing actions rnay be taken
without approval in writing by Developer:
(i) Assessment of Developer as a Home Owner for capital
improvements; and
NAP:26Q16:5 5 �
(ii) Any action by the Association that would be
detrimental to the sale or leasing of Homes by
Developer.
The determinati�n as to what actions would be detrimental or what constitutes capital
improvements shall be in the sole discretion of Developer; provided, however, that an increase in
assessments for Common Expenses without discrimination against Developer sha11 not be deemed to
be detrimental to the sale or lease of Homes.
29.6. Notices.
Any taotice or other communication required or permitted to be given or delivered
hereunder shall be deemed pr�perly given and delivered upon the rnaiiing thereof by United States
mail, postage prepaid, to: (i) any Home Owmer, at the address of the person whose name appears as
th� Owner on the records of the Association at the time of such mailing and, in the absence of any
specific address, at the address of the Home owned by such Owner; (ii) the Association, certified
rnail, return receipt requested, at 8198 Jog Road, Suite 200, Boynton Beach, FL 33437, or such other
address as the Association sha11 hereinafter notify Developer and. the Home Owners of in writing; and
(ii�) Developer, certified mail, return receipt requested, at 8198 Jog Road, Suite 200, Boynton Beach,
FL 33437, or such other address or addresses as Developer shall hereafter notify the Association ofin
writing, any such notice to the Association of a change in Developer's address being deemed notice to
the Home Owners. Upon request of a Home Owner the Association shall furnish to such Horne
Owner the then current address for De�eioper as reflected by the Association records.
29.7. No Time-Share Estates.
Pursuant to the requirements of Section 718.403 (2)(� of the Act, it is hereby specified
th�x �c� tirne share estates will be created with respect to Homes in any Phase.
29.8. Assignrnent of Developer's Rights
Developer shall have the right to assign, in whole or in part, any of its rights granted
under this Declaration.
29.9. Security.
The Association may, but shall not be obligated to, maintain or supp�rt certain
activiti�s within the Condominium designed to make the Condominium safer than it otherwise mi�ht
be. Developer sha11 not in any way ar manner be held liable or responsible for any violation of this
Declaration by any person other than Developer. Additionally, NEIT�iERDEVELOPERNOR'THE
ASSOCIATION MAKES ANY REPRESENTATIONS W�-IATSOEVER AS TO THE SECURITY
OF TI�E PIZENIISES OR THE EFFECTIVENESS OF ANY M(JNITORING SYSTEM O1Z
NAP:26016:5 5 8
SECURITY SER�ICE. ALL HOME OWNERS AGREE TO HOLD DEVELOPER AND THE
ASSOCIATION HARMLESS FROM AN� LOSS OR CLAIM ARISING FROM THE
OCCURREI�TCE OF ANY CRIME OR OTHER ACT. NEITHER THE ASSOCIATION,
DEVELOPER, NOR ANY SLTCCESSOR DEVELOPER SHALL 1N ANY WAY BE
CONSII�ERED INSURERS OR GUARANTORS OF SECURITY WITHIN TH�
CQNDOMINIUM. NEITHER THE ASSOCIATION, DEVELOPER., NOR ANY SUCCESSOR
DEVELOPER SHALL BE HELD LIABLE FOR ANY LOSS OlZ DAMAGE BY REASON OR
FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF SECURITY
MEASURES UNDERTAKEN, I� ANY. ALL HOME OWNERS AND OCCUPANTS OF ANY
HOME, AND TENANTS, GUESTS AND 1NVITEES OF A HOME OWNER, ACKNOWLEDGE
THAT THE ASSOCIATION AND ITS �OARD, DEVELOPER, OR ANY SUCCESSOR
DEVELOPER DO NOT REPRESENT OR WA�RRANT THAT �-1NY FIRE PROTECTION
SYSTEM, BURGLAR ALARNI SYSTElVI OR OTHER SECURITY SYSTEM, IF ANY,
D�SIGNATED BY OR INSTALLED ACCORDING TO GUIDELINES ESTABLISHED BY
DEVELOPER OR THE ASSOCIATION MAY NOT BE COMPROMISED OR
CIRCUMVEN'�ED, THAT ANY FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OR
OTHER SECURITY SYSTEIVIS OR OTHER SECURITY SYSTEMS WII_,L IN ALL CASES
1'ROVIDE THE DETECTION OR PROTECTION FOR WHICH THE 5YSTEM IS DESIGNED
OR INTENDED. EACH HOME OWNER AND OCCUPANT OF ANY HOME AND EACH
TENANT, GUEST AND 1NVITE� OF A HOME OWNER, ACKNOWLEDGES AND
L'NDERSTANDS THA'T THE ASSOCIATIOIOT, ITS BOARD, DEVELOPER, OR AN�'
SUCCESSOR DEVELOPER ARE NOT INSURERS AND THAT EACH HOME OWNER AND
OCCUPANT OF Al�'Y HOME AND EACH TENANT, GUES'T AND INVI�'EE OF A HON1E
OWNER ASSUMES ALL RISKS FOR LOSS OR DAMAC"rE TO PERSONS, TO �IOMES AND
TO THE CONTENTS OF HOle�1ES AND FURTHER ACKNOWLEDGES THAT THE
ASSOCIATION, ITS BOARU, DEVELOPER, NOR ANY SUCCESSOR DEVELOPER HAVE
�VIAI�E NEITHER REPRESENTATIONS NOR WA�RANTIES NOR HAS ANY HOME OWNER
OR (�CCUPANT OF ANY HOME, OR ANY TENANT, GUEST OR INVITEE OF A HOIVIE
OWNER RELIED UPON ANY REPRESENTATIONS OlZ WA,RRANTIES, EXPRESSED OR
IMPLIED,INCLI7DING ANY WARRAN'TY OF MERCHANTABILITY OR FITI�TESS FOR ANY
PARTICULAR PURPOSE, RELATIVE TO ANY FIIZE AND/OR BURGLAR ALARM SYSTEl\�IS
OR OTHER SECURITY SYSTEMS RECOMIV�NDED OR INSTALLED, IF ANY, OR ANY
SECURITY NIEASURES UNDERTAKEN WITHIN THE CONDOMIN7[UM, IF ANY.
30. PROVISIONS RELATING TO TERMINATION
The Condominium may be terrngnated in the following manrier:
30.1. Agreement
The Condorninium may be terminated at any tirne by �vritten agreement ofth� Owners
of at least three-fourths (3i4) of the Homes and the "Primary Institutional Mortgagee," which shall be
NAP:26016:5 5 9
the Institutional Mortgagee holding the largest dollar amount of mortgages on the Condominium
Property.
30.2. Very S�abstantial Darriage
If the Condorrunium suf�ers damage to the extent defined in subparagraph 13.6.3
above, and it is not decided as provided in subparagraph 13.6.3 that the Condomiruum will be
reconstructed or repaired, the condomiraivan form of awnership of the property in tlus Condominium
will be terminated.
30.3. Certificate caf Termination; Term�nation Trustee
The termination of the Condorniruum by either of the foregoing rriethods shall be
evidenced by a Certificate of Termination, executed by the President or Vice President with the
formalities of a deed, and certifying to the facts effecting the termination. The Certificate also shall
in�lude the name and address of a Florida financial institution with trust powers or a licensed Florida
attorney designated by the Association to act as Termination Trustee. The Certificate shall be signed
by the trustee indicating w�llingness to serve in that capacity. Ternunation of the Condominium
occurs when a Certificate of Terrnination meeting the requirements of tlus Article is recorded in the
P�}blic Records of the County. The recording of the Certificate of Termination automatically divests
the Association and all Home Owners of legal title and vests legal title to all real and personal
property formerly the Condominium Property ("Property") in the Tern�nation Trustee named in the
Certificate of Terrninatioa� without the need for further conveyance. Beneficial title to the Property is
ouvned by the former Dwelling Unit Owners as tenants in common in the same undivided shares of
each Owner previously owned in the Common Elements. On termination, each lien encumbering a
condominium parcel shall be transferred automatically to the equitable share in the Property
attributable to the Home encumbered by the lien with the same priority. Termination incident to a
merger af this Condominium with another shall not require the designation of a Termination Trustee.
30.4. Wind-up of Association Affairs
The termination of the Condominium does not, by itself, terminate the Associatic�n.
The former Home Owners and their successors and assigns shall continue to be mernbers of the
Association, and the members of the Board and the officers of the Association shall contanue ta have
the powers granted in tlus Declaration, the Articles and Bylaws for the purpose of winding up the
ai�airs of the Association in accordance with this Article 30.
NAP:26016:5 60
IN WIfiNESS WHEREOF, Developer has caused these presents to be duly executed this
_ day of , 200_.
WITNESSES: CENTEX F-iOMES, a 11aTTevada general partnership
BY: CENTEX REAL ESTATE CORPORATION
a I�evada corporation
Its: Managing General Partner
�y:
Signature Print Name:
Its:
Printed Name
Attest:
Print Name:
Igs:
Signature (CORPORATE SEAL)
Printed Name
STATE OF FLORIDA
COUNTY OF PALllil BEACH
The foregoing instn,�ment was acknowledged before rne ttus day of
, 200_, by and
, the Division President and Assistant Secretary respectively of
th� Southeast Florida Division of CENTEX R�AL ESTATE CORPORATION, a Nevada
corporation on behalf of the corporation, as the Managing (�eneral Partner of CENTEX HOMES, a
Nevada general partnership, who are personally known to me. They �ffixed theret� the seal of the
corporation.
My Comn�ission Expires:
Notary Public
Pr�nted Name of Notary Public
NAP:Z6Q16:5 61
EXHIBIT A
TO
I�ECI,ARATION OF CONDOMINILTM
OF
TEQUESTA CAY, A CONDOMINIUM
I,e��al Description of the Land
Please refer to Exhibit 8B of the Of�Fering Circular.
NAP26016:5
EXF-IIBITS B-1 THROUGH B-7
TO
DECLARATI(�N OF CONDOMI1oTIIT10�1
OF
TEQUESTA CA�, A CONDOMINIUM
Legal Descriptions and Surveys, Plot Plans
and Graphic Descriptions of Improvements
for Phases 1 through 7, inclusive
Please refer to Exhibit 8B of the Offering Circular.
NAP:26016:5
EXHIBIT C
TO
DECLARATIO11eTT OF CONDOMINIUlVI
OF
TEQUESTA CAY, A CONDOMINIUM
Articies of Incor�oration of Tec�uesta Cav
Condomiruurri Association, Inc.
Please refer to E�ibit 2 of the Oi�ering Circular.
NAP2S016:5
EXHIBIT D
TO
DECLARATI4N OF CONDOMINtUM
OF
TEQUESTA CAY, A CONDOMINIUM
Bylaws of Tequesta Cav Condominium Association Inc.
Please refer to Exhibit 3 of the Offering Circular.
NAP:26016:5
Page is too large to OCR.
Page is too large to OCR.