$181.00 Recordanp

PALM FROND CONDOMINIUM

1508N~ 470

1540906sTRUCTUR:Fs OF LOC COUNTY, iNc., a Florida cotporat ion,

herein caj.led “Developer’ on behalf of itself, its successors,

grbntees and assigns, to its grantees and assigns and their

heirs, successors and assigns hot ~by ~ this ~rat ito’ of

Condominium,

~, $U13MISSION TO CONUO~4INIUM The lands located in Lee

Obunty, Flotida, owmsd ~ Pro ispor rod de~cxihea~ to Exhibit “A”,

are submitted to the condominium form of ownership.

2. PALM FROND ~ PLAN OF DEVELOPMENT Developer proposes

to noustruct a innsz of 70 ainele’family residential units and

associated improvements designated as Palm Frond Condominium. This

will be a three phase condominium per F 5. 718 403 and the parcels

of land described in Exhibit “A” as “DESCRIPTION Phase Two” and

“DESCRIPTION Phase Three” may be submitted by Amendment to this

Declaratiod to the condominium fern of ownership, and will thereby

become a part of this condominium.

3. NAME ASSOCIATION The name of the Condominium

Association is Palm Frond Condomini~m Association, Inc This

Association is incorporated as a nonprofit Florida corporation.

4. DEFINITIONS The terms used herein shall have the

meanings sttted in th~ Condominium Act ~Florids Statutes, Chapter

718) and as fellows unless the conte~t otherwise requires~

A. UNIT - A par of ~he Condomanium proparty which is

sub~.ec to cxc] us ive ownership.

R. UNIT OMNER ~ The owner of a Condominium parcel.

C. UNIT NO~R ~ha tatter, nuabct, or

thereof which is designated upon the surveyor plans, and which is

used as the identification of a unit

D, ASS3SSN.LP~ Moons share o~ the tuads required

for the payment of common expenses which from time to time is

assessed against the unit owner,

this inatrument pre~mced bv~ harvey 13 (icidhornaetmaam~, me~mNera~W a mucnxr. m mow ~emo ~i.om~DA mm~o*

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(.1) The land.

(.2) All parts of the improvements which are not

included within the units,

(.3) EasementS.

(.4) Installations for the furnishing of services

to more than one unit or to the coauion elements, such as electri

city, gas, water and sewer.

(.5) Personal property tangible personal

property nay he purchased~ sold, leased, replaced and otherwise

dealt with by the Association, through its Board of Direeaors~ on

behalf of the members of the Association, without the necessity

of any joinder by the members~

H. L1MLThV Cf~fO~M EEI~7!S - M~ena and- includes those

portions of the common elements which are reserved for the use of

a certain unit or umi~s to the e~clus1on of other units.

I. COMMON EXPENSES - All expenses and assessments

properly incurred by the Assoc~atiofl for the eondomini~ri,

J. COMMON SURPLUS - Means the excess of all receipts:

of the Msociation including but not limited to assessments,

rents, ptofita and revenues on account 0f the common elemeE~tS

over the amount of the common expenses.

K. PERSON - Means an individual, corporation, trus~ts.,

or other legal enCit~ capable of holding title to real property.

L. SINGULAR, PLURAL, GENDER Whenever the context so

permits, the use of the plur4 shall include the singular, the

singular the plural, and use of sny gender shall be dee~ed to

include all genders.

~, APSOT~ATi0N - The corporation responsible for the

operation of the condominium.

F, BOARD OF ADMINISTRATION - Means the Board of

Pirectors responsible for administration of the Association.

C. COMMON ELEMENTS - The portions of the condominium

property not included in the units as defined in Florida Statute

718.. 108, including:

2

SaLOSaSS, AU~IU~5flSIN a mucrn.sv, ~‘. A. ~‘. 0. ~oa ~355 ~‘O~ MVSMS r~.Orn0A ss~oa

1598~ 481

0. CONDOMINIUM PROPERTY - Means the lands Nnd personal

property aubj ~c condominium ownership, whether or not eon

and all im.pr~vement.e thereon and all easements and rights

appurtenant thereto.

P. OPERATION Means and includes the administration

and maA?gement of the condominium property.

5. UNITS SHALL BE CONSTITUTED AS FOLLOWS

A. REAL ~RQPERTT - Each unit, together with space

within it, and together with all appurtenances thereto, for all

purpeses, constitute a separate parcel of real property, which

may be owned in fee simple and which may be conveyed, transferred

and encumbered in the sane manner as any other parcel of real

property, independently of all other parts of the property,

subject only to the provisions of this Declaration and applicable

laws

B. BOUNDARIES - Etch unit shah be bounded as to both

horizontal and vertical boundaries as bclow defined, whether the

same exist now or are created by construction, settlement or

movement of the building, or perixdsaibla a epaiaa~, renenetr~n~tiou

or alterations. Said boundaries are intended to be as follqwa

and shal~. be determined in the following manney

~ g~RIgONThL !UUNDA~tES~ The upper and lower

boundaries of the units shall be~

(i) UPPER BOUNDARY The underside of the

finished ndecaretad coi ug of the unit, extended to meet the

vertical boundaries.

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N. CONDOMINiUM DOCU~f~NTS - Means the Declaration and

its attached Exhibits, which set forth the nacwre of tin property

rights in the condominium and the covenants running with the land

whIch govern these rights. All the condominium documents shall

be subject to the provisions of the Declaration.

N. CONDOMINIUM PARCEL - Means a unit together with

the undivided share in tht common elements which is appurtenant

to the unit.

GOLDsEl~c3, ~umNafln a sucm.~y. P. A. P. 0. SOX ~ FOt~T MY~R~ P~.O~DA *1êO~

(1±) LONER DOUNDARY The upperside of the

finished undecorated surface of the floor of the unit, extended

to meet the vertical boundaries.

(.2) VERTICAL DOUNDARIES - The vertical boundaries

shall be the interior surfaces of the perimeter walls of the unit

as shown on the surveyor plans and the interior surfaces of the

unitts windows and doors that abut the exterior of the building

or common areas.

C. EXCLUSIVE USE Each unit owner shall have the

éictfl~iVe ~rse of his unit.

D. APPURTENANCES The ownership of eath unit shall

include, and there shall pass as appurtenances thereto whether or

not separately described, all of the right, title and interest of

a arcit owner in the condoninInm: pr ert~ which ehnll .i.nclwde hut

not be limited to~

(.1) COMMON ELEMENTS Un undivided share of the

cen~a eIememt~ as defined in Chapter 715.105. Florida Statutes,

(.2) LIMITED COMMON ELEMENTS The exclusive use

(or use in conmon with one or more other designated units) of the

following limited common elements that may exiat~

(i) Terrace, courtyard, canopy, garden area,

storage locker, or other facility (enclosed, screened, fenced or

open).

(ii) The parking space assigned to the unit

by the Developer or the Association.

(.3) ASSOCIATJON MEMBERsHIP and an undivided

share in the common surplus and property, real and personal,, held

by the Association,

Ii. EASEMENT TO AIR SPACE M~ exclusive easement fer

the use of the air space occupied by the unit as it exists at amy

particular time and as the unit may be lawfully altered or

reconstructed from time to time, which easement shall ‘be tevninat~ed

automatically I’m any air space which is vacated frnm time en

4:

15O8~ 482

#otj~se~a, ~U ~~ram~ a ~VCKL.aY, p. A. P. 0. ~0X 5$~O F0~T MY~~ P~.0~OA ~~OR

storage locker, or other

open)

(ii) The parking space assigned to the unit

by the Developer or the Association,

(,3) ASSOCIATION MEMBERSHIP and an uniLLvided

share in the common surplus and property, real and personal, held

by the Association.

Ii. EASEMENT TO AIR SPACE An exclusive easement for

the use of the air space occupied by the unit as it exists at an~r

particular time and as the unit may be lawfully altered or

reconstruCted from time to time, which easement shall be te*i~~

automatically in any air space whtch is r~at nztsd from tine io

4:

(ii) LOWER BOUNDARY The upperside of the

finished undecorated surface of the floor of the unit, extended

to meet the vertical boundaries,

(.2) VERTICAL I~OUNDARIfS Th~ vertical boundaries

shall be the interior surfaces of the perimeter wails of the unit

as shown on the surveyor plans and the interior surfaces of the

unit’s windows and doors that abut the exterior of the building

or common areas.

15O8~ 482

C. EXCLUSIVE USE Each unit owner shall have the

~Thivetise of his unit

U. APPURTBNANCi~ The ownership of eadi unit shall

include, and there shall pass as appurtenances thereto whether or

not separately described, all of the ri~ht, title and interest of

a w~It omner in the ~o oniulun prrpertr nehidi shall tnclu4s hut

riot be limited to~

(.1) CO~1ON ELEMENTS Un undivided share of the

commen elements as defined inn Chapter 7l~LIO8, Florida Statutes,

(.2) LIMITED CO~F4ON ELEMENTS The exclusive use

(or use in conjrnon with one or more other designated units) of the

£øIjowin~ limited common elements that way existr

(i) Terrace, courtyard, canopy, garden area,

facility (enclosed, screened, fenced or

muu~wa, ~u NeT~w~ a auc~uixy, p~ A, ~, a. aox aaae romi MY(~ FaORI~A ~noa

P. EASEMENTS - The following non~’exclnsiVe easements

from the Developer to each unit owner, to the Association and its

employees, agents and hired contractors, to utility companies,

unit owners’ families in residence, guests, invitees and to the

governmental and emergency services are hereby granted and created:

(.1) INGRESS AND EGRESS Ea~ements over the

common areas for ing-resE~ and egress, to units and public ways.

(.2) MAINTENANCE, REPAIR AND K~PLACKME~T - Easements

through the units and common elements for maintenance, repair and

replacements. S~dh t~ess is to be ~nly d~rr.ing reasonable hours

except that access may be had at any time in case of enmrgency.

(.3) UTILITIES Easements through the common

areas and wilts for conduits, ducts, plumbing, wiring and other

facilities f& the furnishEag ices tn ethar units and the

nom ion elements.

(1) Suth portions of the unit as

contribute to the support of the building including but not

U~iited to the perimeter walls, columns, roof and floQrs,

Also~ wiring, piping, ductwork and other mechanical or

electrical or other installations or equipment serving the

eo.on areas or other units.

(ii) Provided that if the maintenance

and repair and replacement of any of the above sha~.l b~ de

necessary because of the negligence~ act or omission of a

unit owner, his family, lessees, invitees and guests, in

that event the work shall be done by the Associ~tion at the

expense of the unit owner; and the cost shall be secured as

an assessment,

1598~ 483

(.4) Emergency, regulatory, law enforcement and

other pnbiic aatvtcas in tb~ lawful performance of their duties

upon the condominium property.

G. MAINTENANCE - The responsilxi,iity for the

a unit. a~iL be. an fe’lows

(.1) BY TEE ASSOCIA~’ION - The Association

shall maidtAin, repair, and replace at the Association’s

ooi.ss~me, ,,wi~r~yan4 a ~ p~ a. p, o. ems seas ~‘m~r ~iysas ~ aseog

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L

orr4~noR{~C L~J~OPG

(iii) All incidental damage caused to

a unit by work done or ordered by the Association sl&l be

promptly repaired by and at the expense of the Association.

(.2) B? THE UNIT OWNER - The responsibility

of the unit owner shall be as follows

(i) To maintaIn, repair and replace at

his expense, all portions of the unit except. the portions to

be maintained, repaired and replaced by the Association,

The unit owner’s responsibility specifically includes windows,

window and balcony glass, doors, screens atd associated

hardware, appHdñdd~, fi~turew, switches, fan notors~ compressors.,

wiring, piping and ductwork serv±ng only the partIcular

U,. ALTERATION AND IMPROVEMENT - No o~ner shall

make any alterations in the portions of the improve~ien:ts

which are to be maintaine4 by the Association or remove any

portion thereof ot make any additions thereto, or do apy

work which would jeopar4ize the safety or soundness of the

building,. or impair any easements,

I COMMON ELEMENTS

(.1) The common elements shall be owned by

the unit owners in such undivided shares as are set forth in

E~diibit 1’B”.

(.3) The maintenance and operation of the

common elements shall be the responsibility of the Association

which shall not, h~evor, prohibit management contracts.

unit.

(ii) Not to paint or otherwise decorate

or change th~ appearance of ady portion ci the building not

within the interior walls of the unit: or which is visible

from the exterior, unless the written consent of the Association

is obtained in ad~amae, (ThIs shall not be construed to

require apprc~val of Interior shades, drapes or curtains or

for placing appropriate furniture on patios or terraces,)

elements shell ho.

(.2) No action for partition of the cOmmon

SOossee. aua~Nmx,N ~ 5OC5U~Y, ~‘, A, ~ 0 5555 POST MY4O*5 P~.O~!DA aaaos

6.

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15~8r~ 485(.4) Each unit owner and the Association

shall be ent±tle~ to use tha cnna~ cl~anta in a~o~dance

with the purposes for which they are intended, but no such

use shall hinder or encroach upon the lawful rights of

OWaerh of uther tmita,

(.5) Enlargement or material alteration of

or substantial additions to the cousnon elements may be

effectuated only by amendment to the Declaration,

6. F1S~AL MANAGE~NT - The fiscal manage~ent of the

condominium including budget, fiscal year, assessments, lien

far and collection of assessments, and accounts shall be as

set forth in the By~Laws.

7. ASSOCIATION - The administration of the condominium

by the Board of Directors and its powers and duties shall be

as set forth in the By-Laws.

8, INSURANCE - The insurance which shall be carried

upon the property shall be governed by the following provisions:

A. AUTHORITY TO PURCHASE Except Enilders Risk

and other required insurance furnished by Developer during

construction, all insurance policies (except as hereinafter

allowed) shall be purchased by the Association, fur itself

and as agent for the owners and their mortgagees as their

interests may appear.

B. UNIT O’~4NEkS Each unit owner nay nbtain

insu~ende at his own expense, affording coverage upon his

personal property and for his personal liability, for owner

or mortgagee title insurance, and as may be required by law.

C. COVERAGE:

(.1> cAsuA!JrY The building and all other

insurable ovamants upon the land a~d all pe~’sonal property

owned by the Association (but excluding personal property,

additions and/or alterations installed by the owners> shall

be inature~d in an amount equal to the maximum Lnsur~hle

replacement value thereof (exclusive of excavation and

foundations) as determined by the insurance company affording

such coverage. Such coverage shall afford protection agaiu~ti

ecLesirns, SUSINS?554 a suwuxy, ~, a. ~‘. a, sax sass ~‘asr ~Yss~ swmsa

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i598~ 486(i) LOSS OR DAMAGE BY FIRE, WINDSTORM

other hazards covered by the standard extended coverage

endorsement;

(ii) SUCH OTHER RISKS as from time to

time cuatomarily shall be covered with respect to buildings

similar in construction, location and use as the buildings,

including but not limited to flood insurande, vandalism and

malicious mischief, if available.

(.2) PUBLIC LIABILITY MN) PROPERTY DAMAGE in

such amounts and in such forms as shall be required by the

Assøciad.on, IncludIng hat hdt lfmited to legal liability,

hired automobile, non~.owned automobile, and oil ..premises

employee coverages;

C 3) WORKMAN’S COMPENSATION AND UNEMPLOThENT

COMPENSATION to meet the reqoirewmt of law.

0. PREMIUMS - Premiums upon insurance policies

purchased by the Association shall be paid by the Association

and charged as comaca empensea.

E~ ALL INSURANCE POL1CItS PURCHASED by the

Association shall be for the benefit of the Association and

the canaan and thisir mart~agees as their respective

interests ma~r appear and shall provide that all proceeds

payable as a result of casualty losses shall be paid to any

bAnk in Plorids with trust powers as may he approved by the

Association. Such bank is herein referred to as the Insurance

Trustee, The Insurance Trustee shall not be liable for

payment of premiums nor for the renewal of the policies, nor

for the sufficiency of coverage, nor for the form or contents

of the policies, nor for the f~ilure to collect any insurance

proceeds. The duty of the Insurance Trustee shall be to

receive such proceeds as are paid and to hold and d’~sburse

them as provided in Paragraph 9, next following.

9, RECONSTRUCTION OR REPAIR OF CA~3UAtTT DAMA.GE: If

any part of the common elements or units shall be damaged or

&

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~rr 4 ~floREC L~1~3OPG

destroyed by casualty, the same shall be repaired or replaced

unless such damage rendered seventy-five. (75~) percent or more

of the units untenantable, and seventy-five (75%) percent of

the osmers at a meeting called and held ~ithin sin~ (60) days

of the casualty or thirty (30) days after the insurance clafm

is adjusted (whichever comes first), vote against such repair

or replacement, in which event the proceed~ ~hall be distrIbuted

to the unit owners and their mcrtgagees, as thair interests

may appear, and the condominium shall be terminated as provided

in Paragraph 14 folluniug~.

C. 1) A~Y SLJCP ~EfO~L5TRIIiztION cE. NEPAIR shall

be substantially in accordance with the original plans and

specifications.

(.2) IFiCM~R The Ineuranc~ Trustee nay

rely upon a Certificate of the Association certifying as to

whether or not the damaged. property, is to be reconstructed or

repaired~ The Association, npon request of the Insurance

Trustee, shall deliver such certificate as soon as practical.

(.3) ESTIMATE OF COSTS - Immediately after a

casualty causing damage to .prQperty for w~içh the Association

has the responsibility of maintenance and repair, the Association

shall obtain reliable and detailed estimates of the cost to

place the damaged property insofar as reasonably possible in

condition a~ good as that before the ca~ualty. Such costs may

include professional fees and premiums for such bonds as the

I3oard of Directors desires,

(.4) ASSESSMENTS - If the proceed~ of insurance

are not sufficient to defray the estimated costs of reconstructio’~a

a~d repair by the Associatiot~ <including the af~resaid fees apd

premium, if any) assessments thàil be mede against the unit

owners who owe the damaged property in sufficient a~ounta to

ptmvide funds to pny’ the estimated costs, If at any time d~.iring

mecons~ruction and air, auth funds are insuffident, special

assessment shall be made against the unit owners who own the

9

S 5Ut5~URY~ ‘P ~ ~ 0, 505 ~555 SORT MW~5 F~O~OA 5~O5

L

1~98~ 488damaged property -In sufficient amounts to provide funds for the

payment of such costs

(P5) CONSTRUCTION FUNDS The funds for payment

of costs of reconstruction and repair after casualty, whith shall

consist of proceeds of ins~wance held by the Irsuranca Ttust~~

and funds collected by the Association from assessments Against

unit owners, shaiL be dishutsed. in payment of such costs in the

following manner~

(i) UNIT OWNER - The portion of insurance

oceed~ -representing damage for which the re.sp ~~lji3,ity of

reconstruction and repair: ~Ius sith the unit owner to such

contractors, suppliers and personnel as do the work or supply

the materials or services required for such reconstruction or

repair • in ruch snou~its and such times as the unit owner may

direct, or if there is a mortgagee endorsement, theA to such

payees a~ the unit owner and the first mortgagee jointly direct,

Nothing contained herein,, however, shall he construed as to limit

or modify the responsibility of the unit ot~ner to make such

reconstruction or repair~

(ii) ASSOCIATION - Said Trustee shall malce

such payments upon the written request of the Association,

accompanied by a certificate signed by an officer of the Associ

ation, and by the architect or General Contractor in charge of

the work, who shall be selected by the Association, setting

forth that the sum then requested either has been paid b~ the

Association or is justly due to contractors, subcontractors,

materialmen, architects, or other persons who have rendered

services or furnished ~aterials in connection with the work,

giving a brief descriptfon of the se~’iens and materials and

several amounts so paid, or new due and that the oust As

es~imated by the person signing such certificAte, does not

exceed the remainder of the construction funds after the payment

of the aun~ so disbursed,

(iii) SURPLUS - It shall be presumed that

the first monies disbursed in payment of costs of reconstruction

10

eOWsm~s, ~umNstmN ~e ~ ~ a. ~‘, o. so~ asse ro~’ w’~sss ~‘so~’s~,a ssooa

L

and repair shall be fr~ma insurance proceeds; and, ~f there is

a balance in a construction fund after payment of all costs

of the reconstruction and repair tot which the fund is established,

such balance shall be distributed jointly to the beneficial

owners of the funds, who are the unit owners and their mortgagees.

(.6) INSUSANCE ADJUS7~4ENT5 Each unit owner shall

be deemed to have delegated to the Board of DiStvtOrS his right

to adjust with insurance companies all losses under policla~

purchased by the Association except in any case where the responsi~~

bilky of reeonstructio~ aed ~.epa&r lies with the unit owner,

subject to ths rights o~ sorcga~ees of such unit uwsrrr

10. USE RESTRICTIONS -~ The use of the property of the condo—

~inLUm shall be in accordance with the Rules and Regulations

attached as Exhibit ~‘C” nrA the l~owiug ‘or~uts~ons

A. LAWFUL USE All valid laws, zoning ordinances

a~id regulations of all governmental bodies having jurisdiction

be servod. The r na~h±lity of meeting the requirements

of governmental bodies which require maintenance, modification

or repair upon condominiuz~ property shall be the same as the

responsibility for the repair and maintenance of the property

concerned as expressed earlier in this Declaration.

B. INTERPRETATION In interpreting deeds, mortgages,

and plans the existing physical boundaries of t:he unit shall be

conclusively presumed to be its boundaries regardless of settling

or lateral movement of the buildings and regardless of minor

variances between boundaries shown on the plans or in the deed

and those of the buildings.

C. REGULATIONS Reasonable regulations concerning

the u~e of the condominiu~a p~operty may be made and a~ee~.ded

from time to time by a majority vote of the Association. cOpie~

of such regulations and amendments thereto shall be posted

conspicuously and s~iall be futni~hed by the Association to all

unit owners, No regulation may discriminate agaluat any grcup

or class Øf users. No new or sxnended rule or regulation may

be a~forced prior to approval by the owners,11

1598~ 489

a suestsY, ~. A ~‘. o. sex SaSS ~osi MVS~S *n.orn~ asses

L

11 GOk~YA!~CE,~ t3A~~~ — ~n cycdev to

assure a community of congenial residents and thus protect

the value of the units, -the conveyance, disposal and financing

~f the unlts. by any n~ar other than the Developer shall be

subject to the following provisions:

A. NO OWEER OTHER THAN THE DEVELOPER may sell,

lease, give or dispose of a unit or any interest therein in any

manher witt-~out the written approval of the Association except

to another unit owner, except as to short term leasing provided

~or In the Rules Ahd Regulattous. Only tntir-e units -ma-y be

leased,

B. NO OWNER OTHER THAN THE DEVELOPER MAY MORTGAGE or

finance his unit in any manner without the written approval of

the Association except to an institutional lender, provided

that this shall not require approval for a unit owner who sells

-his unIt from taking hack a purchase money u~ortgage.

C. ThE APPROVAL OF ThE ASSOCiATION shall be obtained

as follows:

(.1) WRITTEN NOTICE SHALL BE (lIVEN the Association

by- the owner of his iatention to lease, convey, dispose, Einan~e

or assign such interest, which notice shall include the name and

address of the proposed acquirer and a correct and complete copy

of the propu and docesmnts to ha cxc ad ta effaatvatn the teams-.

action. The Association may require such other and further

infGrmation as it deems reasonably necessary, but may impose no

charge in eanee~ of a~wi cvpen4tt~n~es reasonably required with

a maximum charge of ~5O,OO, No charge shall be made in connection

with an extension or renewal of a lease.

(.2) IF A SALE, the Aasociatjor~, must, within

fifteen (15) days after receipt of the information required

above, either approve the transaction or furnish an alternate

purchaser it approves or itself elect to purchase and the owner

must sell to such alternate or to the Association upon the

same terms set forth in the proposal given the Association, or

15~8~ 490

12

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or’ -~ncRrc I~Orc

the owner may withdraw his proposed sale. If the Association

fails or refuses within the allotted time. to notify the owner

of either approval or disapproval, in writing, or if it fails

to provide an alternate purchaser or purchase the unit itself

then the Association shall conclusively be presumed to have

approved the transaction, and the Association shall, upon demand

provide a certificate of approval.

(.3) AT THE OPTION OF Th.E OWNER, CE a dispute

arises, it shall be resolved by arbitration in accordance with

the then existit~ ~les of the ~4merican Arbitration Association

and a judgment of specli ic performance upon the athttratmrs~

award may be entered in any court of jurisdiction. The arbitration

ezp~nae shall b~ shared equally by the owner and the Association.

(. !hE 3ALE SEALL NY CL! lTETh~ ‘PRIRTY (30)

DAYS after an alternate purchaser has been furnished or the

A~sociatiom has elected to purchase or within thirty (30) days

of the arbi~rati.oz awnrd whAths~~er is later.

D. IF TIlE PROPOSED TRANSACTION IS A LEASE, GIFT,

~ortgage to a lender other than those types listed in Paragraph

asgteae~t of interest or other disposition than a

sale, notice o:E disapproval of the Association shall be promptly

sent in writing to the owner or interest holder and the trans~

action shall not be made.

E, LIENS

(.1) PROTECTION OF PROPERTY - All liens against

a unit other than far permitted mortgages, taxes or special

assessments, wilibe satisfied or otherwise removed within

thirty (30) days from the date the lien attaches. All taxes

and special assessments upon a unit shall be paid before becoming

delinquent.

(.2) NOTICE OF LIEN An owner shall give notice

to the Association of every lice upon I$s unit other than far

permitted mortgages, taxes and special asaesamanta thin

(7) business days after the attaching of the lien.

13

abtens~m, sue esiee~ a euc~e,av, n a~ p’. ~, eo~ ~aes me~

F. JUDICIAL SALE No judicial sale of a unit nor

any interest therein ~ha1I he valid unless the sale is a public

sale with open h~dding,

C. UNAUThORIZED TRANSACTiONS - Any transaction

which is not authorized pursuant to the terms of this Declaration

shall be void unless subsequently approved by the Association.

12, COMPLIANCE AND DEFAULT - Each owner and the Association

shall be governed by and shall comply with the terms of the

condominium doctm~ents ~a they may be amended thorn time tu time.

A. Failure to comply shall be grounds for relief,

which relief nay imcIud~ hut shall not he limited to an action

to recover sums due for damager ur inj~a~tlvo vcIir~ o~r

and whigh actions ma~ he maintained by the Association or by

nu ag~rieved owner

5, to u~y s~th me~ding the ~,reveIIthg party

shall be entitled to recover the costs of the proceeding and

such reasonable attorney fees as may be awarded by the Court.

C. In. the eve~iit that the grievance is that of an

owner or owners against the Board of Directors or a me~be~

thereof~ prior to the institution of 1itigation~ written

notice in detail of the grievance shall be given the Directors

an4 they shall be allowed a period o~ twenty (20) days in which,

to cure or correct,

0. NO WAIVER OF RIONTS - The failure of the Aesoci

ation or any owner to enforce any covenant~ restriction or other

provision of the condominium documents shall not constitute a

waiver of the right to do so thereafter as to later i~fraetio~e.

~a 1598~~~ 492(.3) WYfl,ZS, CT An owner thall give notice

to the Association of every suit or other proceedings which may

affect the title to his unit, such notice to be given within

seven (~) h~einesa days after the owners receive knowledge

thereof.

(.4) FAILURE TO COMPLY with this section

concerning liens will not affect the validity of any judicial

sale.

GoU,s~ec~, RU ~5T!~N a ~UCRt#tY. P. A. P~ 0. SOX a~ss $~~P7 sLO~m~A s~so~

L

32, .AM~~NVS Amendment.s to any of the vandominium

documents shall be in accordance with the following:

A. An amendment may be proposed either by the Board

~f Directors or by any owner and may be considered at any meeting

of the owners, regular or special, of which due notice has been

g~veu according to the By-Laws, which notice includes notice of

the substance of the proposed amendment. Passage shall he

evidenced by a certificate executed with the formalities of a

deed signed by the President or Vice-President and Secretary of

the Association that it has been ehadtèdb~’ the affirmative vote

of the required percentage of unit owners (which vote may be

evidenced by written approval of owners not present and the

separate written joinder of mottgegees where required) shell

include the recording data identifying the Decla~utL~n and which

shall hecome~ effective when recorded according to law.

13. CORRECTORY AMEN~~ENT 1~henever it shall appear

that there is a dei~ct, error o~ sretis-siou in any of the ndosthi

i~m documents amendment of which will not materially adversely

affett the prapërty rights of unit owners a fifty-one (517j

percent vote of the ownera ahell be the rnnuired oerceritage.

or the procedure set forth in F~S, 7l8~llO(5) may be used.

C REGULAR AMENDMENTS - An amendment which does

n~* change the eanfigura tine or size of any condominium unit

in any material fasbipn, materially altdr or modify the appur

tenances to such unit, change the proportion or percentage by

wht~d~. the owner of the parcel shares the ecpn~on expenses And

owns the cou~non surplus or n~aterially adversely affects the

property rights of owners may be enacted by a sixty-six a~d

twa-thirds (66-2137j. percent vote.

U, EXTRAORDINARY AMENDMENTS - An amendment which

will, have the effect of doing any of the thinge mentioned in

“C” above shall require the affirmative vote of all the record

owners of the affected units and all record owners of liens.

thereon and the affirmative vote of the owners of all. other

1598r~ 493

50 sees, 1wm~stmN 5 a, ~ ~o. -sex aa~s ro*’r ~v~ss ~.ornDa sssoa

~1598r~ 494units This SectiOn shall be deemed to include enlargement

of, material alteration of or substantial additions to the

common elements only if the same will have a material adverse

effect on the owners property rights; which shall otherwise

be treated as regular amendments. Any vote changing the per~

centage of ownership of the. common elments or sharing the

common expenses shall be conducted by secret btllot,

14. TERMINATION - The condominium shall be terminated if

at all, in the following manner

A Thy .th~ agreement of eighty ~Q~) p~r~ezit of the

owners which agreement shall be evidenced by an i trurent or

instruments executed in the manner required for conveyance of

land, Thq termination shall become effective when such Agreement

has been recorded acnordia~ ta law,

B. SHARES OF UNIT OWNERS AFTER TERMINATION After

termination of the condominium, the owners shell own the property

as tenants in common in undivided shares and the holders of

mortgages and liens against the unit or units formerly owned by

such owee±~s shall have mortgages and liens upon the respective

udinided shares of the owners, Such undivided shares of the

owners shall be as set forth in Exhibit “B”., All funds held

by the Association except for the reasonably necessary expenses

of winding up shall be disbursed to the unit owners in the

sharee set forth in Exhibit “B”. The costs incu~red by the

Association in connection with a termination shall be a common

expense

C, FOLLOWING TERMINATION The property may be

partitioned and sold upon the application of any owner, Pro~

vided however, that if the Board of Directors following a tetsiw

ation, by unanimous vote, determines to accept an offer for

the sale of the property as a whole, each owner shall be bound

to execute such deeds and other doc~meeto reasonably required

to effect such sale at such times and in such futras as the

Board of Directors directs, In such event, any action for

16

e c~eav, ~ ~ ~. o. ~ot ases ~oev ey~~ ~ornD~ ss~oa

1598~ 4U5

p~rtition or other division of the property shall he held in

abeyance pending such sale, and upon the consummation thereof

shall be discontinued by all parties thereto.

V. TEE NEMBERS OF THE LAST BOARD OF DIRECTORS shall

continue to have such powers as in this Declaration are granted,

notwithstanding the fact~ that the Associttion itself may he

dissolved upon a termination.

15. PSOVISIONS PERTAINIBG TO THE DEVELOPER

A. So long as the Developer holds more than one

unit for sale In the ordIhà~y ~oexuc of biouso, nona of tho.

following actions may be taken without approval in writing by

the Developer:

(.1) Asseasranat of tho Unueloper as a. unit

owner for capital improvements.

(.2) Any action by the Association that would

be dot mental to the enle. of units or the completion of the

project by the Developer including such use of unsold. units and/

common areas as may facilitate completion and/or sale, mainten~

anon of a. sales office, showing the property and display of signs.

R. Until a majority of the Board of Directors of the

Association is elected from owners other than the Developer or

its nominees, the Developer reserves the right for itself or its

neminee~, to provide and charge for management which shall be fair

and reasonable.

16, RIGHTS OF MORTOAGEES - Where the mortgagee of a first

mortgage of record obtains ti~le to a unit by foreclosures o~ a

deed in lieu of foreclosure~ such mortgagee and its successors

and assigns shall not be liable for such unit’s assessments or

share of the common expenses which become due prior cc ~cquisi~iem

of title unless such share is secured by a claim of liep for

assessments recorded prior to the recordation of the subject

mortgage. In a voluntary conveyance, the grantee shall b~ joIntly

and severally liable with the grantor for all unpaid assessments

against the grantor for his share of the common expenses up to

17

I

~sxea~ a sUC~4L5~, p, a. P. o. sox ~sss FoRT ~ygss ~ sssoa

L

flFF 4 ~flO~EC ~W~OI’~

the tiwn of the conveyance, without prejudice to any right the

grantee may have to recover from the grantor the amounts paid

by the grantee. See F~S. 718,116(l)(a).

Also, such mortgagee may occupy, lease, saIl or otherwise

dispose of such unit without the approval of the Association.

17, ENFORCENENT OF ASSESSNENT LIENS Liens for assessments

may be foreclosed by suit brought in the name of the AssociCtion

in like manner as a foreclosure of mortgage on real property.

During his occupancy, the foreclosed owner shall be required to

pay a reasonable rental arid the Asanciation vhell be entitled

to the appointment of a receiver to collect the same, and thu

Association shall have all the powers provided in F.S. 718,116,

including specifically interest at dghrwe~ (I87~) percent per

annum on unpaid as sessmamts aud as s~nuhla attoxnay ‘nfeei~

incident to the collection of such assessment or enforcement

of ~uch 1ien~ with or without suit.

IS. ~ERC Thu qualification of masd’era. the manner of

their admission and voting by members shall be as follows;

A. ALL OWNERS OF UNITS in the Condominium shall be

members of the ~saociation. and no other persons or entities

shall be entitled to membership.

B. NEMBERSHIP IN THE ASSOCIATION shall be established

by the fecording in the Public Records of Lee County, Ylorida,

a deed or other in~t±ument establishing a change of reco~4• t•iti~e

to a unit in the Condominium and delivery to the Association of

a copy of ~ueh instrument, the new owner thereby ~ecb~ng a. m~ber

of the Association, The membership of tthe prior owner shall be

thereby terminated. Provided, however, that the change of

ownership and occupancy of the new owner must have been in

compliance with this Declaration and the A~sociatio~ need net

recognize membership or ownership in spy person until its

requirements have been complied with.

19. INDEMNIFICATION Every Director of the Asvcc~ation

shall be indemnified by the Association against all expenses

1.8

~os~me, aumsevmN a eucm,sm r~ m ~ o. ~ asee ~~ ~Fl9nA ~~G2

I

1598!’~ 497.and liabilities, including cwusel Ieess, reasrhly :!neur’~s~i

or imposed upon him in connection with any proceedings to which

he may be a party, or in which he may become involved by reason

of his b~th~g or avi~g haer a Uiro~tor of the Association • or any

settlement thereof, whether or not he in a Director at the time

such expenses are incurred, except in cases wherein the Director

is ed u$ged guilty of nonfeasance, misfeasance in the performance

of his duties, or shall have hreashed his fiduciary duty to the

members of the Association. Provided however, that the Associ

at~on Ahail not be liable for payment of a voluntary settlement

un~esn it is first approved by the Board of Directors,

20, C01’~ION EXPENSES AND CO~ON SURPLUS The manner in which

the apportionment of Common Expenses, Common Surplus and Owner

ship of Common Elements has been determined is by utilizing a

fraction, the numerator of which is one (1) and the denominator

of which is the number of all units submitted to condominium

ownership.

21, SEVERABILITY - If any provision of this Declaration or

the Exhibits thereto, as now constituted or as later amended,

or any section, sentence, clause, phrase or word, or the appli~

cation thereof In any circumstances is held invalid, the validity

of the remainder and of the application of any such provision,

section~ sentence, clause, phrss~ or word in othsr etroumatances

shall not he affected thereby.

22. VOTING - Each unit shall have one full vote in all

matters.

23. PARflNG - There shall he appurtenant to each unit

at all times one parking spece which shall pass with the title

thereto. The allocation shall be made initially by the Developer

by an unrecorded writter~ instrument given a unit purthaser upon

closing. Two or more unit owners may exchange t1~e spaces initial1~

allocated to their units by submitting to the Board of Directors

~e4 ai~d wittze.ssed requests for exchange and surrendering their

initial or current allocation instruments. The Directors shall

thereupon execute and deliver to such unit owners new allocation

19

a eucmqj’~, e. ~.. e. a. sax asee ~ ~v~se

or~ icco

instruments signed in the name of the Association by an officer

of the Board and bearing the Association seal, reflecting tao

changed allocations. Such changed allocations shall have the

same force and effect as the ones they rep lace~

24, UNT1E TilE COMPLETION (if ThE TELATI2E fbP2~VtMTMTS

to the Condominium property, and closing of all unit sales, the

Developer specifitally rd~erves the right, without the joinder

of any person, to ~aake ~uth char~grs i~ thu ~ Irrq~ti’~ ansi its

attachments or in the plan of deaelopment, as may be required by

any lender4. gover~piçp~al authority as nay be, in its judgment,

necessary or 2usi Thia ~arapraph shall take precedence

over any other provisions of the Declaration or its attachments~

25. PHASING the condominium will be developed in three (3)

~hnoeu. The legal di~sc.riptions of these pa±’cels are contained in

Exhibit “A” to the Declaration.

A. initially the condominium will consist of Phase I. Phases

II and III may be addea as provided herein.

There will be a maximum of 76 units in all phases (I, it and III),

Phase I will consist of 16 units in 4 buildings; Phase II, ~f constructed,

wili. consist of 20 units in 5 buildings; and Phase III, if constructed~

will consist of 40 units in 10 buildings, for a total of 76 Mnit~.

There will be 4 unit types in this coxidominium. T1~A I

bedroom/I bathroom consisting of approximatel7 736 square feet of

living space; 1yp~B - Z bedrooms/i bathroom consisting of approxi

mately 1,003 square feet of living space; ~ ‘ 2 be4ro.oms/l3s

bathrooms consisting of approximately 1,003 square feet ~ living

space; and T~p,eD - 2 bedrooms/2 bathrooms consistur~ of appronl~ateiy

1,025 square feet of living space,

Phase I will contain 4 units of each unit type~ Pha~e~ if a~d

Iii, if constructed, will contain a mis of tho unit typa~ pmdlm~

upon demandS

All buildings in cli phases will he one story high. as~d of

~f5

The units are to be identified by the letter, number or

combination thereof which is designated upon the surveyor’s plaits

(ExhibIt “A” to the Declaration),

20(Revised)

eem~R t 4eTW4 e CuostaY, p~ A~ P~ 0. ~OK mesa FanT M~Eses OR~0’~ aeao*

~1~5~J8~ 4~9Bach unit will alse include, as a limited common element

appurtenant thereto, a 375 square foot courtyard with a 25 square

foot storage facility (an enclosed, weather- tight room constructed

ei weed), The courtyard will be s tveundcd by a t fort pivacy

fence, constructed of wood.

A sewage treatment plant and lift station to he constructed

on the prope~ty nrc vadta the l~evele;ar for the common use

of all condominium unit owners in all phases. The sewage treatmeot

plant and lift station will be transferred by Developer to the

hondonininmaur.is ~on anon completion of Phase III,

B. The percentage of ownership ~f each unit in the condominium

as each phase is added shall be as follows:

Phase .1 - 1/16th Phase II - 1/36th Phase III - 1/76th

C, There are no recreational facilities associated with this

condominium.

D. The membership vote and ownership in the Association

at.tribatable to each unit in each phase and the results if any

phase is not developed are as follows:

(.1) Bach unit will have one full vote. Th~re will

thus be 16 votes in Phase 1, 36 votes in Phase II and 76 votes

in Phase IlL If either Phase II or Phase 111 is not bt~i1t, ~he

votes attributable to that phase will not exist.

(.2) The ownership im the Association shall be as

shown iii Patagraph 25(B) and in Bxhihit “W’ heretO~ If.any phase

is not built, the fraction of ownership will remain at the level

that already exists.

B. The Developer states that the time period within which

each phase must be completed are as follows:

Phase I - ~e wher, 1D62

Phase ii - December 19B4

Phase III ‘ December, 1985

n~TB; The Developer has. every expectation that the phases will

be completed sooner than shown abo.ve~ hat the Cendon4uium Act

(P.S. 718,S03(1)) requires that a legal deadline be set forth

21(Revis ed)

a aun~px, ,, ~. p, o. mox asee sowr MY~W~ P~.Oa~OA ~8O~

~159S~ 500

in the Declaration, ample time is being giveil to cover any

eventuality.

FURThER NOTE: Developer does not commit to the construction of

additional phase.

P. Pursuant to Florida Statute 718.403(6) amendments to the

Declaration adding phases do not reQuire the consent üf any unit

owner other than the Developer nor of any other person.

THIS DECLARATION OF CONDOMINIUM and attachments hereto made

and entered ihtö iii is ~“j’ day of Apti4~ I9U~

ST RU~ft3EES OF LLE ODOt~TT., 1~C.a Florida corporation

STATE OF FLORIDA

cOUNTY OF LEE

I ~RFEY CERTIFY that on this~4 ~day of April, A~D., 1981,

before me personally appeared STANLEY K, INK and EDITH W. INK,

President and Vice President respectively of STRUCTURES OF LEE

UOUNTY~ INC. • a Florida corporation, to mm known to be the persons

described in and who executed the fo7egoing DeclayatiOa’ of CoEdo

minluin of Palm Frond Condominium, and severally acknowledged: the

e~ecutjon thereof to be their free act and deed as such officers,

for the uses and purposes therein mentioned; and the said instrument

is the act and deed of said corporation.

WITNESS my signature and official ~ea1 at Poth Mye~:~ ~

County of lee and State of llorzda, the day an ~year ~m5t

~ r~~~on Expires

22~

~~1N~tE~N ~ ~aear~, ~‘. ~ ~. ~ aa$~ ~FQ~T ~ F~.OFI~D~~ ~noz

L

tha SE corner of the NE 1/4 of the NE 1/4 of Section 10,T. 44 8, R, 24 E, Lee County, Florida, thence North 0° 34~ 42°East, along the East line of said Section 10 (centerline of PalmAvenue) for 329.97 ft.; thence South 89° 56’ 26” West for .25.05 ft.;to the Point of Beginning (POE); thence continue South 89° 56’ 26”West for 472.14 ft.; thence Worth 0° 34’ 52” East for 330,22 ft.to the North line of the N 1/2 of the 8 1/2 of the N 1/2 of said~E 1/4 thence North 89° 55 50” East, along said Nor-tb tins for472.14 ft.; thence South 0° 34’ 42” West for 330.22 ft. tO the POE.

lESS

From the SE cornWr of the WE 1/4 of the NE 1/4 of sa&d Section 10,thence North 0° 34’ 42° East, along the East. lice of said Enetfon10 (centerline of Palm Avenue) for 329.97 ft.; thenc~ South 89°56’26” West for 25.05 ft. to the Point of Beginning (POE); thencecontinue South 89° 56’ 26” West for 472.14 ft.; thence North00 34’ 52” East for 150.0 ft., thence North 89° 56’ 26” East forl5~,l4 ft..; thence North 0° 34~ 52” East for 88,0 ft..; thenee North4~1 561 26” taut for 170.0 ft.; thence Nouth 00 34’ 52” West f~88.0 ft.; thence North 89° 56’ 26” East for 138.0 ft.; •thenc~ South0° 34’ 42” West for 150.0 ft. to the ~

Exhibit “A” to Declaration

DOSCRIPTItONTotal land

Ni 4~n

All that part of the N 1/2 of the S 1/2 of the N 1/2 of theNE 1/4 of Sec. 10, T. 44 8, 11. 24 5, which lies East of HancockCreek, excepting, however, the part described as follows; Beginningat the NE corner of Sec • l0-44’~24 thence South 660 ft~, thence West998.5 ft. to the Point ~f Beginning (POE) of the land to be excepted;thence South 330 ft., thence ‘~lest to the cantor of E~~co~k Creek;thence Northerly along the centerline of Hancock Creek to a pointWest of the POE of the land herein excepted, thence East to the POEof the land herein excepted;. Less R/W for Palm Avenue.

NOEE~ Thin parcel of laud is NOT nubmitted to condominiumownership at this time.

DESCRIPTIONPhase One

From the SE corner of the NE 1/4 of the NE 1/4 of Section 10,T. 44 8, F. 24 5, Lee County, Florida, thence North 0° 34’ 42’East, along the East line of the said Section 10 (centerline ofPalm Avenue) for 329.97 ft.; thence South 89° 50’ 26” West for25,05 ft. to the Point of Engiunlag (POE); thence continue South89° 56’ 26” West for 672.14 ft.; thence North 0° 34~ 52” Ea—tfor 150.0 ft.; thence North 89° 56’ 26” East for 156.14 ft.; thenceNorth 0° 34’ 52” East for 88.0 ft.; thence North 89° 56’ 26” Eastfor 178.0 ft.; thence South 0’ 34’ 52” Nost, for 88.0 It,; thenceI(orth 89° 56’ 26” East for 130.0 ft..; thence South 0° 34’ 42” Westfor 150.0 ft.; to the POE.

DESCRIPTIONPhase Two

IMPORTANT NOTE; This parcel of land is NOT submitted to condominiumownershib at this time,

eoo~~as, eue~sns~~ a euckLsv. p. A, P. o, ~ox aa~s ‘owr ~y~s ~~

23

L

g~; ~uu~ ~

to condor,ia.niun

24

I

DESCRIPTIONPhase Three

All that part of the N 1/2 of the S 1/2nf. the N 1/2 of theNE 114 of Section 10, P. 44 5, R. 24 E, which lies East of flancockCreek, excepting, however, the part denc.~ibed as foif~n~-s~ ~fnpat the NE corner of Sec. 10—44—24, thence South 660 ft., thenceWest 998.5 ft. to the Point of Beginning (POE) of the land to be

p~çd; th~nce Sooth 330 ft., thence West to the center of~LEudtk Creek; ence Ndfttezly along the centerline of NanoockCreek to a point West of the POE of the land herein excepted, thenceEast to the POE 0± the 2~e~ hcee~r~ erceptad, ~ P.1W for Palni Avenue.

LESS

~‘ the SE corner of the N~ 1/4 of the NE 1/4 of said Section 10,thence North 0° 34’ 4%” East, along the inht InC of dutd Sed~ 10

Sceline of PaIs~ .avem~e.~ for 329.97 ft.; thence South 89° 56’ 26°West for 25., 05 ft. to the Point of Beginning (POE) thence continueSouth 89” 56’ 26’ West for 472,~l4 ft.; thex~ce North 0° 34’ 52°East for 330,22 ft. to the North line of the N 1/2 of the S 1/2of the N 1/2 of said NE 1/2; thence North 89” 55’ 50’ East, alongsaid North line for 472,14 ft.; thence SOuth 0” 34’ 42” West for22h~22 ft... to the POE,

I~WORTANT NOTE This parcel of land is NOT submittedownCrship at this time,

ØOLn~O, 4welNsmTee~ e euc~m*xr, P. A, p~ ~, sa~ s~ee ~‘oe~w M’trn~s ~‘m,oeu~,. s~o~

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H.

41

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STANSZG K wceC.RLS.N2S~vLVEMwGO*1 CTN Ft MYLIIS FLORIDA

flEIGENPhASE I

PALM FRONDCONDOMINIUM

SEC 41CR iR— TONIISI/I% US RANGE 245LEECGUN 7,’, FLORIDA

EDNDOMIRIUM PLAF SOCK —SNEE~ I DES1AMMI*S 4555’ RESCALE I’ KG’

1,,~0,44fl,.I,.tI1,-..,4 ,,,5 0400’I4fl4’S’I4’0’,O4~4II4~III0I4~’0ttI1•~0”14t4 ‘-‘ 4,:” .4,544 44’0.

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LOCAtION MAP

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IaSEKTWP FOR

SEWAGE TREATMENT PLANT & DRAINEJ.ELL)

RESERVED TO DEVELOPER

flLH FROND CONDOMINIUM

na the SE corner of the NE¼ of the Nfl of Section 10,if~aship 44 So~wth~Ranga 24 East; th~nOe North 00 34 42°

Test. for 329.97 feet; thence South $9°56’ 26” West for533.0 feet; thence North fçr 13.0 feet to. the Point ofBeginning of said sewage treatment plant and drainfieldéaaement;

thencethencetheAcethence

thenceflenOethezc&thence

continue North for 20.0 feet;

West for 120.0 feet;North fof 30.0 feet;West for 70.0 feet;South for 30.0 feet;West for 30,0 feet;Seuth for 20.0. feet;East for .270.0 feet to the Point of Beginning.

IMPORTANT. NOTE; This parcel is NOT submitted to condominiumownurship at this time.

n=~ CD

or; 4~flO~fc ~waot&

STcWCIURCS hr LEE COUNTY, INC.7625 SILVERWOOD COURT N. FORT MYERS. FLORIDA 33903

STANLEY K, KNN. pt. n..t, cat TELEPHONE (573) 965.2442EN V

EfSItN W. IRKvtctppni0M~T

GOLDSERO, RUS1NSTEIN a euc)cLsy, F, A, ~. a. sox ssss rant MY%RS FLORIDA 53002

I

DES~R~flIONOF EASEMENT... FOR

SEWAGE LIFT STATION

(RE~ERVED FOR DEVELOPER)

PALM FROND CONDOMINIUM

?rom the SE corner of the NE¼ of the Nfl of Section 10,To4mnship 44 South, Range 24 East; thence North 0° 34’ 42”Eat for 444.0 feet;thence South Sr 56 26’ wat fo~ 25 feat to thePoint of Begiflning of said lift station easement:thence oontinue South 99°~6 26” West for 10.0 feet;thence Son 06 34~ 42~ We~t for 10.0 fe~tthence North SV sr IV’ Last for 10.0 feetthence~ North 0° 34’ 42” East fot 10.0 feetto the Point of Beginning.

Qotoafla RUmNSUIN & aucisat. ~. A. ~. a !OX 2866 FORT MY8RS FLORiDA 88602

f}cHi= cp

STRUCTtJPrS or LEz COUNTY, !NC.1625 SILVERW000 couwr ~ N.. FORt MYERS. FLORIDA 33803

STANL6V K. IRK. ~ ,.t,s., ~...c TELEPNORIZ £813) 955~2442PIZIOtHY

541W.. IRK &~ I !0V -RK ,L44#JPC t~u

IMPORTANT NOTE.; This parcel is NOT submitted to condominiumowwmenMp at this time,

Exhibit 0 to Declaration

~l/l6th Part

1/30th Part

..~.1/76th Part

PALM FROND CONDOMINIUM

Per•cent&ge of Ownership

Phase I Units

Ph. II Units

Phaso 111~

GOLD~tL~4Z ~U~NêTW~ ~ C~LY~ P~ A~ ~ O~ ~ ~ ~O~tT ~

29

WtI5OSFG 509

I. Passenger automobiles, ‘var~s and U4ht pickup trucks that

do not exceed ‘the size of one parking space may be parked only in

ihe areaS provided for that purpose. Boats., trailers, campers

and tatreatloual eLitIst shall cant he parked on, the arounds.

Bicycles and mopeds shall be parked only in such areas as may be

desigu;tc~ for that purpose. Motorcycles may only be operated

far in~rers and egra&t and shall have a quiet muffler. No noisy

“dirt bikts” may be operated. Vehicle maintenance and- car

washing i,s not permitted on the condominium property.

2.. No radio or television antenna or any wiring for any

purpose may be installed on the exterior of any buil4ing without

the written consent of the Directors..

3, No sign, advertisement., notice, object, awning, screen,

plastic or glass enclosure shafl be exhibited, inscribed, painted

or affixed by any apartment owner on any part of the condominium

property visible from the ekterior of the buildings or from

co~on areas without the prior wri,tten consent of the Association

to maintain uniformity. of exterior appearance-.

4. All coasuon areas inside and outside the building will be

used for their designated purposes and no articles beIong~.tg tp

unit owners shafl be kept therein Or thereon sithout the approval

of the Directors and -such areas s-hall -at all times be k~pt free

of obstruction.

5. Usual household pets may be kept on the premises, pro~

v~ded, however-, that their size will be lirnit~d to those that can

be carried ‘by their camera, a-nd if the Direttore shall determine

that any such pet shtll become a huisance to other unit owners,

the p-st shall be removed from the premises. Pets shall be ‘kept

I-sashed -then v’utside a unit. Pets shall not be kept in units by

guests or renters.

Exhibit “C” to Declaration

PALM FROND GOtWONINIUtL

RULES AND REGUlATIONS

-so~.ussn. 1nW4N5fl54 a sucms~. -P. -A. P. 0. 505 5555 pear ØYSRS rtornna Sesos

L

N jäOSni 511

I certify that the attached is a true and correct copy of the Articles

of incorporation of •PM~M FROND CONDOMINIUM ASSOCIATION,

~ nirpus ~ ~‘ c’ o~ganved rsnder the I aw. of the

State of Florida, filed on May 22, 1981, as shown by the records of

this oftice

The charter authber for this corporadon is 758506.

~ihen imber nip bnnb aub djr~Pbrra~ ~taI of Mit ~4gf~ øfjflotiba,

a~ Zall*i%tet, t~cC4h*, ttölfr27th hap ci May, 1981.

notosne, Rurnt*flfl~ a aucKLsf. p. a, P. 0. 50K afle FORT HflflS FLORIQA

L 4

6. Disposition of garbage and trash shall be only by use of

receptacles approved by the Association or by use of garbage

disposal units.

7. All persons occupying u~ts ut Ihun t~ sncrr shall

he registered with the manager or other designate of the Association,

at or before the tine of occupancy of the unit. This includes

renters anc house guest~.

Units may not be rented for periods of less than one (1)

~ copy of the house rules must be given to the renters by

the uni awners or t~t~eeaCr

The foregoing regulation shall not apply to the Developer,

nor may it be amended as to the Developer without the written

c~aent of the Developer

8. The Association shall retain a pass key to the premises,

and the apartment owner shall provide the Association with a key

for the use of the Association pursuant to its statutory right of

access to the premises.

9~ The unfinished floor surfaces of all units (except bath~

roosis, kitchens, terrace and entry ways) shall he covered with

carpeting to reduce the transmission of noise from one unit to

another. Bathrooms and kitchen floors will be covered with vinyl,

or other similar type flooring.

10. Loud and disturbing noises are prohibited. 1.11 radios,

teievisions~ tape aachind~, stereOs, singing and playing of

musical instruuents shall be regulAted to round levei~ that wili

not disturb others.

11, Use of barbeque grills shall only be allowed in areas

dea~gnated as safe and appropriate by the Directors.

No children wider the age of twelve 2). years shall resid.e

in any unit,

1.3, These rules and regulations shall apply equally to

oe~rs, their fumi .ty, guests and lessees,

GOLP5~~. ~UrnN~T~tw ~ ~5UC~OJ~Y, C. A. P. 0, ~oa as~ PQ~T ~ FU~A ~~OC

t~W. 1598rg 510

Bxh.uI>it Ii’’ to Decia

ARTICLLS or~ INCORPORATION

PALM FROND CONDOMINIUM ASSOCIATION, INC

(A NONPROFIT FLORIDA CORPORATION)

ARTICJ;E I. ~k 1598~ 512The name of this corporation is PALM FROND CONDOMINIUM

ASSOCIATiON, INC.

ARTICLE Ii.

The purpose for which this corporation is organized is to

att as the governing association of PALM FROND CONDOMINIUM,

ibeatod at North Fort Myers, Lee Cotir~y,, Florida.

ARTICLE IlL

The quali.ficatiob of membets and the manner of their admission

tha~.1 ~be ~ follows; Any person or persons who hold title in fee

simple to a condominium unit in the Condominium shall by virtue

of such ownership be a member of this corporation.

ARrICLE IV.

This corporation shall exist perpetually

ARTICLE V.

The names and residences of the sufracribers to these Articles

~oFinc4rporation are as follows:

Stanley K. Ink 1625 Silverwood CourtNorth Fort Myers, FL 33903

1625 Silverwood Courthrvth Fort Myers FL 10%

i625 Silverwood CourtNorth 1~ort Myers, FL 33903

ART1CLE VI.

The affairs of the corporation are to be managed initially

by a Board of three (3) Directors who will he elected each year

at the annual meeting of the Condominium Association as prevWed

for in the By~Laws. At such time as the Dexeloper t~s reiiztquishod

control of the Association as provided by the Cc,ndomiuium.Act,

the Board nay ho composed of any odd number of Directors that the

members decide (as provided for in the Fy~La4~)

-~

r.

-Patricia L. Ink

James N. Ink

k

GO~t’mO, CW3INSTCIN a muc~ctxy, P. A. P 0. max Z~s FORT MT~R~ F1.Q~OA ~~O5

I L

~P~flC.U~ V[!

The names of the Officers who arc to serve until the first

election or appointatent under the Articles of incorporation are:

Stanley IC. Ink President

James M. ink ~ Vice President

Patricia L. Ink Secretary/Treasurer

The number of persons constituting the first Board of

Directors shall he three (3) and their names and addresses are as

follows:

1625 Silverwood CourtNorth Fort Myers, FL 33903

1625 Silverwood CourtNorth Fort Myers, FL 33~O3

1625 Silverwood CourtNorth Fort Myers, FL 33903

ARTICLE X.

.Prnendments to these Articles of Incorporation may be proposed

a~id adopted as fo1lows~

An Amendment may be proposed by either the Board of

Iiirectots or by any owner and may be considered at any

meeting of the owners, regular or special, of which

due notice has been gIven ~tccording to the B~Laws,

which includes a notice of the substance of the proposed

amendment.

The Amendment must be approved by a vuta of the ~aajority of

the members of the corporation..,

•1

Stanley K. Ink

Patricia L. Lrrk

James M. Ink

ARTICLE IX,

The By-T,aw.s of the corporation are to be made, altered or

rescinded by a majoriti~ vote of the members and Directors of the

corporation.

4.,

Oo~Rt~, Ru~Ia’mwIN ~ aUcK~.eY, P. A. P. 0. ~ 53~$~ ~‘ORr MYm~G P~.ORtOA ~

L izz

1598~ 5i4

STATE OF FLORIDA

COUNTY OF LEE

Stanley K. ak

ARTICLE XI.

Each unit in the condominium shall have one (1) full vote,

whith vote shall be ~aat by a designated oeuer as provided for in

tha Deaaratiun of ~thO~

ARTICLE_XII.

This .corp~ration reserves the right to amend or repeal

nta~ in these Articles of Incorporation.

ARTICLE XIII.

Thi~s corporation shall have all the powers permitted by law

~ther with such addit~.onal specific powers as are contained in

the Declaration and By-Laws.

any

ARTICLE XIV.

No part of the net earnings o~ tt~iS co~poratiou shall inure

to the benefit of any member or individual, except through the

acquisition, construction.~ management, maintenance, or case of

association property or througTa the rebate of the excess member

ship dues, fees, or assessments.

IN ‘WITNESS WHEREOF, tne undersigned subscribers have executed

these. Articles of Incorporation this ~ay ~

1981.

BEFORE ME, the undersigned, a Notary Public authorized to

take acknowledgments Lu the State and County aforesaid, pereonally

34~,

50LOsE~5, RUSINSTEIN & aucrnjv, F, A~ F, 0, EO~ EsEê FO~ NVEI~$ pi.o~ia~ fleø*

L

~159S~~~ 515

appaare~

and JaaesM~~L_~ known to me and known to be the

persons who executed the foregoing Articles of Incorporation,

th~ay ackmcwledgnd before me that they executed those Articles

IncorpOrati0n~

WITt’~ESS my hand and seal this ~ day of !~L_~

My Cound.ssiOn Expires:

April 22, 1981

and

of

S A. ~ 0. ~ aaf~S ~owr e~n~n~ o~A ~#OR

STATE OF FLORIDA HAS NAMED Stanle K, Ink~TEDAEN

LOCATED J~ 1625 Silverwøod Court

POST OFFICE BOX ADDRESSES ARE NOT ACCEPTABLE)

____ STATE OF FLORIDA, AS ITS AGENT To ACCEPT

S~-~O

TITLE President ______

DATE~,~2j~1 _________

HAVING BEEN NAMED TO ACCEPT SERVICE OF PROCESS FOR THE A~OVE

STAfrED CORPORATION, AT THE PLACE DESLGNATEI~ I~ THIS CERTIFiCATE~ I

HEREBY AGREE TO ACT IN THIS CAPACITY AND I FURTHER AGREE TO COMPLY

WITH TUE PROVISIONS OF ALL STATUTES RELATIVE TO THE PROPER AND COM.~

PLETE PERFORM~NCE OF MY DUTIES.

SXGNATURk~~~•.,’.

DATE rtl 22 1 ________

~i598r~ 51~ ~CERTIFIGATE DES IGNATINU PLAG~ OF BtiST~iESS OH DiIL~IA~

SERVICE OF PROCESS WITHIN FLORIDA, NAMING AGENT UPON WHO~f~CE~MAY BE SERVED ‘~ ~‘

~o.IN COMPLIANCE WITH SECTION 4&091, FLORIDA STATUTES, THE ~

FOLLOWING IS SUBMITTED:

FIRST THAT PALM FROND CONDOMINIUM ASSOCIATIO~L INC______

‘T~WN3

DESIRING TO ORGANIZE OR QUALIFY UNDER THE LAWS OF THE STATE OF FLORIDA,

WITH ITS PRINCIPAL PLACE OF BUSINESS AT CITY OFN_~rtMers

CITY OF No. -Port Myers

~~iCE OF PROCESS WITHN PLOY~1DA,

i~. P. 0. ~~OX ~ ~‘OWr Y#~ F~.0~A ~

L

Exhibit ‘5” to Declaration

s€i 1598~ 517

at the Condominium,

(.2) FISCAL YEAR - The fiscal year of the Association

dhall be tI~ caLendar year,

(.3) SEAL - The seal of the Association shall bear the

name of the Association, the word “Florida”, and the year of

establisbtaent,

2. MEMBERS’ MEETINGS

(.1) ANNUAL MEMBERS’ MEETINGS shall be held at tha

Condominium or at such other convenient location as may he determined

by the Board of Directors, at such hour and upon such date each

year as may be determined by the Board, for the purpose of

electing Directors and of transacting business authorized to be

transacted by the members,

(.2) SPECIAL MEMBERS’ MEETINGS shall be held whenever

called by the President, Vice-President, or by a majority of the

Board of Directors., aed shea dalted by uritten notine from ten.

(10%) percent of the entire membership. As to the meeting

required when unit owners other than the Developer are entitled

to cicot a member or members of the Board of Directors, the

meeting may be called and notice given by any unit owner if the

Association, fails to do so,

(.3) NOTICE OF MEMBERS’ MEETINGS “ Motioe of the

annual meeting shall be sent to each unit owner by United States

BY-LAWS

OF

PALM FROND CONDOMINIUM_ASSOCIATION, INC.

I. IDENTITY Three eec the Ry’~Lxs.r of PALM PROND

CONDOMINIUM ASSOCIATION, INC., a non-profit Florida corporation

fotmac4 for the purpose of administering PALM FROND CONDOMINIUM,

whfcb to located cC North Port Myers. Lee County, Florida, upOn

the lands described in the Declaration of Comdom±nium. (The

corporation shall hereafter be referred to as the Association).

(.1) OFFICE - The office of the Association shall be

•aOwnrn7, SUStNSTION a SUOSLSY, P. A. P. e. ~OX SS5# PORT ann rsoaaaa asses

15~8~ 518

maU at least. foutteen (14) days prior to the annual meeting. A

post office certificate of nailing shall be obtained and retained

as proof of such mailing. Written notice of the meeting shall

also be posted in a conspicuous place on the condominium property

at least fourteen (14) days prior to the annual meeting.

The Board of Administration shall also nail a meeting

notice and eppies of the proposed annual huaget of common expenses

to the unit owners not less, than thirty (30) days prior to the

meeting ~t which the budget will be consid~red~

~otfce of a ~etiaI meetihg to elect ~n Dii~etter or

Directors from the unit owners other than the Developer is

specified in By-laws 3(.2)(D)(ii).

Notice of a s~ecial meeting called by the Board at t~e

witten request of ten (1O~) percent of the ~iwnnm hacaute of a

budget exceeding 115% of that of the preceding year requires not

less than ten <10) ‘days~ written notide to each unit owner.

Notice of other special meetings net covered above

shall he in writix~g and mailed to each member first class,

poe~ege pre~paid not less than ten (10) days prior to the meeting,

~bwever • unit evuers may maima notice of specific meetings and

may take actIon by written agreement without meetings where it is

in the best interest of the condominium to do so.

AU notice of meetings shall state clearly and particu-’

larly the purpose o~ purposes of the meeting.

(4) A QUORUM at thembers’ meetings shall consist of

peraoi~ entitled to cast a majority of the votCe of the entire

member~hip. The joinder of a member in the action of a m~eting

by ~ig~ing and concurring in the minutes thereof shall constitute

the presence of such member for the purpose ef deters~ieing a

quorum~ Decis~LOns made by owners of . majority of the units

represented at a meeting at which a quroum is present shall be

binding and sufficient for afl purposes except sa amendment to

the condominium documents or such other decision an may by law

55555, RUmNsTZ~N ~ SUCKLSY, P. ~, P. 0. SOX esee Poni’ MYSSS PL.05~OA e~SOS

159& 519or ran documents requa to a :Eargo~ pee ceotoge I which case the

percentage required in the documents or law shall govern.

( .5) EACH UNIT shai I have one indivisible vote and

the vote of the owners of a emit owned by more than one person

(except husband and wife either of whom may cast the voti:) or by

a corporation or other entity shall be. cast !~y tiw person named

in a certificate esyned by ai 1. of the osnere of hUM unit and

filed with the Secretary of the Assousacian, ~e I.e

shall he valid until revoked by a subsequent certificate. Ii

shah a certificate is not ‘ih file the rotc of such unit shall

not be consiceren at. uccecniuiaM, ... ~:.; .t to I. fco:

for any other purpose.

(.6) VEHiClES Votes may be cast in person or by

proxy. ;ru≥a.2t, s~.aai C :r~ti: ~1 r~nnA nne 4srt~c~ end shall he

valid only ior the particular meeting designated therein and muat

bE filed with the Secretary before or at the appointed tine of

fipa. In’”’ ~n~a’~t otal.1 a o:cnxe cc valid for more than

ninety (90) days from the scheduled netting date.

(.7) APPROVAL Oh DISAPPROVAL of a uni t owner upon any

~ ‘sbardaw or not the subject di an Association meeting,

shall be by the same person who~ wc’~uld cast the vote of such owner

if in an Association meeting.

(8) ALJOUPICED trgEnhy;s If: any meeting of members

cannot he organized because a :~norum has no.t attended~ the

members who are present, either in person or by proxy, may

ad5o~urt. the meeting from Line tO time until a quorum is present.

(.9) THE ORDER OF BUSINESS AT ANNUAL NhNflSS •

ned, as far as applicable at all other memhers9 meetings, shall

<s) Election oi titealrman di two aan~. Cog,unless the President or Vice~Fresidentof the Association is present when he(or she) shall preside.

(di (Cal Clog ci the roLl and certifying ofpreesses.

ma‘I.”’

be

aosca#aa aua4asnm a sucans. a. a, a o. sot sass soar essas flS3a~s5 asses

L

nrr~~n~Rit I~QPG

(C) i~roar of Notice of matting c~. ~ai-c~nrof Notice,

(d) Reading and disposal of any unapprovedminutes,

(e~ Kt~trt~ ~f ~irecnnrr.

(f) Reports of Committees.

(g) Election of Directors

(3~) ~

(i) New business.

(j) Adjournment.

3. hOARD OR DIRECTORS

(.1) ~~ERSHIP - The affairs of the Association shall

be mat~aged initially by a Board of three (3) Directors selected

by the Developer. Boards selected subsequent to the time members

other than the Developer are entitled to elect a majority of the

Directors shall be composed of any odd number of Directors that

the Owners may decide, Other than Directors selected by the

D~veloper~ each Director shall be a person entitled to cast a

vote in the meetings of the Association. The Developer shall he

entitled to select at least sac Director, as long as ‘it holds at

least five (57,) percent of the units that. will ultimately be

operated by the Association for sale in the ordinary course of

business.

manner

(.2) DESIGNATION Ol~ DI GWRB aht-I1 be in the fcllnw~ng

‘(a) Members of the Board of Directors except

those selected by th~ Davelo~nr II ha elected by a ajority of

those present and voting at the annual .meetin~ of the member~ of

the Aseociation or at a special meeting called for pursuant to

3 (.2) (~) (ii) ‘.s~er R-.B. fl~ ~Ol~

(b) E,~cept as to vacancies provided by remOval

of Directors by members, vacancies in the Board of birector!

ocnu~eieg hetwhen annual meetings of members shall be filled by ~

majority vote of the remaining Directors.

L

Un

Any eater er~A~pt those selected by the

Developer, may be removed with or without cause by concurrence of

& majority of the members of the Association, either by written

or at a snecial meeting of the members called for that

purpose either by a majority of the Board of Directors or by ten

(10%) peycent of the members, The vacancy ~n the Board of

Directors so created ~hal1 be filled by the members of the

Association at the same meeting.

(d) (i) when unit owners other thAn the Developer

o4~n fifteen (15%) percent o~ more Of •th~ t~its that will be

operat~d ultimately by the Association, the unit owners other

than the Developer shAll be entitled to elect not less than one-

third of the mea~bers of the Board of Directors of the A~soci

ation, Unit owners other than the Developer shall be entitled to

elect not less than a majority of the members of the Board of

:D~xeetors three (3) years after fifty (50%) percent of the units

that will be operated ultimately by the AssociatiOn here bern

conveyed to purchasers, or three (3) months after ninety (90%)

p~rcent Øf the units that will be operated u3,timately by the

AssocIation have been coAvayed to purchasers, or mhen nfl ~f the

units that will be operated ultimately by the Association have

be*~ completed and some of them have been. sold an4 none of the

others are being uffemed for sole. by the Developer in the ordinary

course of business or when some of the uAits have been conveyed

to purchasers • and none of the others are being constructed or

offered for sale by the Developer in the ordinary course of

business, whichever shall first occur.

(ii) Within sixty (60) days after unit

pwnsxs other than the Developer are entitled to elect a mernber or

members of the Board of Directors, the Association shall ca].1 and

give not less than thirty (30) nor more than forty (40) days’

notice of a. meeting of the un~.t owners for this purpose.

(iii) Prior to or not more than si~cty (60)

days after unit owners other than the. Developer elect a majority

500, s~e~rnw a ~ A~ P. 0. 5O~ 5~55 FO~55 ~4Y~55 ~os~OA ~a~oa

15~8~ 522

of the ~bers of tha P~oard of r~rs of the Association, the

Developer shall relinquish control of the Association and shall

deliver to the Association all property of the unit owners and

~yf the A satiation bold by or controlled by the Developer, as

specified in F.S. 718.301.

(.3) THE TERM OF EACH DIRECTOR’S SERVICE shall extend

unt~ 1 the next. annual meeting of the members and thereafter until

his successor is duly elected and qualified or until he i~’ removnd

in the manner elsewhere provided. Provided however, that in

order to provide a continuity of experience, the members at th~

first annual meeting after the Developer has relinquished control

of the Association may vote to give up to one~half of the Board

m~pthers .t~rr~s of two yeath so that a system of. ~~t~gg~red terms

will be initiated,

(.4) THE ORGANIZATION MEETING of the newly elected

Board of Directors shall be held at such place and time as ahali

be fixed by the Directors, provided a quorum shall be ‘prosant..

(.5) REGULAR MEETINGS OF TH~ BOARD OF DIRECTORS nay

be held at such time and plate as shall be determined from time

to time, by a ‘majority of the Oirecto!n, hot not 3.esw then

qearterly. Notice of regular meetings shall be given to each

Director personally or by mail~ telephone or telegraph, at. least

‘three (3) days pricc~ in the day named for ouch meeting.

(.6.) SPECIAL MEETINGS OF THE DIRECTORS MAY BE called

by the President and must be called by the Secretary at the

‘writtea re4oast of onc~thirA ~f the Directors. Not less than

three (3.) days’ notice of the meeting shall be given personally

or by mail, tel~phone or telegraph, which notice shall state the

time, place and purpose of the meeting., except in an emergency.

(.7) WAIVER OF NOTICE Any Director may waive notice

of a meeting before, at or after the meeting and such waiver

shall be deemed equivalent to the giving of n~tice.

(.8) MEETINGS OF THE BOARD OF DIRECTORS shall be open

to aU unit ownezo to attend and listen but not be heard or

.GOLD55~5~ ~U5N~t55~ n. euc~tj.~~, e. ~,, ~. e. ~ox gas. rae’r M~Z~s o~n* neem

(.2) TO USE THE FROCELOS OF ASSESSWENTS in the exercise

of its powers and duties.

(.3) THE EAINTENANCE, REPAIR, REPLACEI’IENT AND OPERATION

of the condominium property.

(.4) ThE RECONSTRUCTION OF INPROVEERNTS AFTER CASUALTY

and the further improvement of the property.

(.5) TO APPNOV1~ OR DISAPPROVE i~ROP~D TRANSACTIONS in

the manner provided by the Condominium Declaration.

(.6) TO ENFORCE by legal means the provisions of

applicable- laws ,-the con~domiwiun~ -dos- ents~ the ~y~La.wp g~

Association, and the regulations for cIa use of the preporty in

the condominium.

(.7) TO CONTRACT FOR MANAGENENT of the condominium.

(.8) TO FAT ThXES AND ASSESSNENTE ehich ~ liens

against any part of the condosi&Uium other than individual units

and the app~rtenancee thereto, and to assess the same against the

unit subject to ruth lions.,

(.9) TO CARRY INSURANCE for the protection of the unit

owners an4 the Association against casualty and liabilities,

(.10) TO PAY TEE (~DST OF ALL POWER. WATER, SEWER and

other utility services rendered to the condominium and not billed

to owners Øf individual units,

(.11) W ENPLOY PERSONNEL and designate other ófficez~e

for re~sonabie compensation and gr5nt them such duties as seems

appropriate for proper adzàiniatration of the purposes of the

*asociation.

(.12) TO BRING SUIT, EX~CUTE CONTRACTS, DEEDS, MORTGAGES,

LEASES and other instruments by its officers and to own, convey

mid emeumber real and personal property.

5, OFFICERS

(.1) THE EXECUTIVE OFFICERS of the Asaocia~ion shall

be the President, a Vice”Preaide~t a Secretary -end a Teamire~,

all of whom shall be elected annually by and fron the loan of

Directors and who may be preemptorily removed by a majority vote

of tbe Directors at any meetings Any person may hol4 t~o or

t598~ 524

0~nss~s, 4lsarnsn~r4 e euc~a,~y, p, ~ e~ o, ~ sace F0R’C MW~5 F~.0rna~ *5505