RULES AND REGULATION

COMPILED AND RESTATED
CONDOMINIUM DOCUMENTS
OF
LA GORCE PALACE CONDOMINIUM ASSOCIATION, INC.


1. Declaration of Condominium
2. Articles of Incorporation
3. By-Laws
4. Rules and Regulations
5. Exhibits








NOVEMBER 3, 2003
COMPILED AND RESTATED
DECLARATION OF CONDOMINIUM
OF
LA GORCE PALACE, A CONDOMINIUM
DECLARATION OF CONDOMINIUM
OF
LA GORCE PALACE, A CONDOMINIUM


I. Submission Statement.

LA GORCE PALACE, INC., a Florida corporation (hereinafter called the “Developer”) is the owner, in fee simple, of the real property legally described in Exhibit “A” attached hereto. Developer does hereby submit the real property described in Exhibit “A” attached hereto, the improvements thereon and the rights and easements appurtenant thereto to condominium ownership pursuant to Chapter 718, Florida Statutes and declares same a condominium known as LA GORCE PALACE, a Condominium (the “Condominium”).

All restrictions, reservations, covenants, conditions and easements contained herein shall constitute covenants running with the land or equitable servitudes upon the land, as the case may be and shall be binding on each unit owner, and each unit owner’s heirs, personal representatives, successors and assigns. Both the burdens imposed and the benefits provided shall run with the title to each Unit and their appurtenant interests in the common elements as defined herein.

II. Definitions.

As used herein and in the Exhibits attached hereto and in all amendments thereto, unless the context requires otherwise:

2.1 “Act” means and refers to the Condominium Act of the State of Florida in effect on the date of recordation of this Declaration of Condominium.

2.2 “Assessment” means the share of the funds required for the payment of common expenses which from time to time are assessed against a unit owner.

2.3 “Association” or “Corporation” means LA GORCE PALACE CONDOMINIUM ASSOCIATION, INC., a not-for-profit Florida corporation, the entity responsible for the operation of the Condominium.

2.4 “Board” or “Board of Directors” means the Board of Directors of the Association.

2.5 “By-Laws” means the By-Laws of the Association.

2.6 “Condominium Documents” means this Declaration and all Exhibits attached hereto as the same, from time to time, may be amended.

2.7 “Condominium Property” means and includes the land submitted to condominium ownership, whether or not contiguous, all improvements thereon, exclusive of all wires, cables and equipment comprising the cable television system, and all easements and rights appurtenant thereto intended for use in connection with the Condominium.

2.8 “Unit” or “Condominium Unit” means that portion of the Condominium Property which is to be subject to exclusive ownership; said Unit being a unit space identified on the Plot Plan, Survey and Graphic Description attached hereto as Exhibit “B”.

2.9 “Common Elements” means the portion of the Condominium Property not included in the Units (and is exclusive of all wires, cables, equipment comprising the cable television system).

2.10 “Common Expenses” means: (1) expenses of administration and management of the Condominium Property; (2) expenses of maintenance, operation, repair or replacement of the common elements; (3) expenses declared common expenses by the provisions of this Declaration or the By-Laws; (4) charges and expenses incurred by the Association pursuant to any bulk cable television agreement; and (5) any valid charge against the Condominium as a whole.

2.11 “Common Surplus” means the excess of all receipts of the Association collected on behalf of the Condominium, (including, but not limited to, assessments, rents, profits and revenues) over and above the amount of money expended as common expenses.

2.12 “Condominium” means that form of ownership of real property created pursuant to the provisions of the Act which is comprised of Units that may be owned by one or more persons or entities and there is appurtenant to each Unit, as part thereof, an undivided share in the common elements.

2.13 “Condominium Parcel” means a Unit together with the undivided share in the common elements which is appurtenant to the Unit.

2.14 “Declaration” or “Declaration of Condominium” means this instrument, and all Exhibits attached hereto, as same may from time to time be amended.

2.15 “Developer” means LA GORCE PALACE, INC., a Florida corporation, and such assigns, co-venturers and transferees as may be designated as a developer by LA GORCE PALACE, INC., a Florida corporation, in writing, pursuant to the provisions of Article XXVI hereinafter.

2.16 “Institutional Lender” or “Institutional Mortgagee” means the Developer, a bank, savings and loan association, insurance company, a generally recognized and licensed mortgage company, real estate investment trust, public company pension fund, public company pension trust, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, or any other generally recognized institutional type lender or its loan correspondent or any agency of the United States Government or of the State of Florida or any lender providing funds to the Developer for the purpose of constructing improvements upon the Condominium Property (and such lender’s successors and assigns) holding a mortgage encumbering a Unit.

2.17 “Institutional Mortgage” means a mortgage encumbering a Unit held by an Institutional Lender or by an Institutional Mortgagee.

2.18 “Insurance Trustee” means that Florida Bank having trust powers, designated by the Board to receive proceeds on behalf of the Association, which proceeds are paid as a result of casualty or fire loss covered by insurance policies.

2.19 “Limited Common Elements” means those portions of the common elements which are reserved for the use of a certain Unit or certain Units to the exclusion of all other Units.

2.20 “Unit Owner” or “Owner” means that person or entity owning a Unit.

III. Units; Appurtenances; Limited Common Elements; Possession and Enjoyment.

3.1 A Unit is a separate parcel of real property, the ownership of which may be in fee simple, or any other estate in real property recognized by law.

3.2 The upper and lower boundaries of the Unit shall be the following boundaries extended to an intersection with the perimetrical boundaries:

(a) Upper Boundaries – the horizontal plane of the undecorated finished ceiling.

(b) Lower Boundaries – the horizontal plane of the undecorated finished floor.

3.3 The perimetrical boundaries of the Unit shall be the vertical planes of the undecorated. finished interior of the walls bounding the Unit extending to intersections with each other and with the upper and lower boundaries. Where there is an aperture in any perimetrical boundary including, but not limited to, windows and doors, the vertical boundary shall be extended at all such places, at right angles, to the dimension of such aperture, so that the perimetrical boundary at such places shall be coincident with the exterior unfinished surface of such aperture, including the framework thereto. Exterior walls made of glass or glass fired to metal framing, exterior windows and frames, exterior glass sliding doors, frames and casings, shall be included within the Unit and shall not be deemed to be a common element.

3.4 Where a balcony, patio, greenhouse, terrace, loggia, porch, stairway or other portion of the building or any fixture attached to the building serves only the Unit being bounded, the perimetrical boundary of such Unit shall vary with the exterior unfinished surface of any such structure extended in a vertical plane, where necessary, to the horizontal boundary.

3.5 Each Unit shall not be deemed to include the un­decorated and/or unfinished surfaces of the perimeter walls, floors and ceilings surrounding the Unit, nor shall a Unit be deemed to include pipes, wires, conduits or other public utility lines running through the Unit which are utilized for or serve more than one Unit, which items are by these presents hereby made a part of the common elements. A Unit shall be deemed to include the interior walls and partitions which are contained in a Unit and also shall be deemed to include the inner decorated and/or finished surfaces of the perimeter walls, floors and ceilings of the Unit, including plaster, paint, wallpaper, etc.

3.6 There shall pass with each Unit as an appurtenance thereto:

(a) An undivided interest in the common elements.

(b) An undivided share in the common surplus.

(c) An exclusive easement for the use of the air space occupied by the Unit as it exists at any particular time and as the Unit may lawfully be altered or reconstructed from time to time, which easement shall be terminated automatically in any air space which is vacated from time to time.

(d) Such other easements, rights or privileges which, pursuant to the provisions to this Declaration and of law, are deemed appurtenances to the Unit.

(e) Membership for the unit owner in the Associa­tion, with the full voting rights appertaining thereto, subject to the rights and obligations of membership therein.

3.7 The owner of a Unit is entitled to the exclusive possession of his Unit. Each owner of a Unit shall be entitled to use the common elements in accordance with the purposes for which they are intended, but no such use shall hinder or encroach upon the lawful rights of owners of other Units. There shall be a joint use of the common elements (other than limited common elements) and a joint mutual easement for that purpose is hereby created.

3.8 Each owner of a Unit shall pay the cost of maintaining all sliding glass doors contained within his Unit, if any, and the replacement or repair of windows and window operators, screening, wiring, electrical outlets and fixtures which are wholly within the Unit. Rules and regulations regarding the uniform maintenance and appearance of all exterior facing parts of the improvements may be promulgated, from time to time, by the Association.

3.9 Except for those parking spaces which may be assigned by the Developer as limited common elements appurtenant to particular Units, all of the parking spaces delineated on the Plot Plan, Survey and Graphic Description attached hereto a Exhibit “B” shall be common elements and shall be available for such uses as may be designated by the Board of Directors.

The Association, through its Board of Directors, is hereby authorized to contract for the parking needs of the unit owners and their lessees, invitees, guests, nominees and family members, so as to provide valet parking services at all times. The contracts entered into, with respect to the provision of valet parking services, shall include such terms as the Association may deem proper and necessary with the fees to be charged for utilization of the valet parking services to be competitive with the fees charged at similar parking facilities in the vicinity of the Condominium.

The Developer, so long as it owns at least one (1) Unit in the Condominium, shall have the right and authority to assign, for consideration, to a particular Unit or to particular Units in the Condominium, specific parking spaces contained within the parking areas of the Condominium. Upon the assignment of a specified parking space or specified parking spaces to a particular Unit, the same shall be an appurtenance to said Unit and the specified parking space or specified parking spaces shall pass as a limited common element appurtenant thereto.

3.10 A Unit may be used only for residential purposes.

3.11 No Unit may be partitioned or subdivided, except in accordance with the provisions of Article XXVII of this Declaration of Condominium.

3.12 The portions of the roof of the Condominium delineated on sheet 30 of Exhibit “B” attached hereto as “limited common elements” are hereby declared to be a roof limited common elements appurtenant to Unit Nos. PH-2 PH-1, PH-3, PH-5 and PH-7 as further set forth in Article 3.13 (a) and (b). The owners of Unit Nos. PH-2 PH-1, PH-3, PH-5 and PH-7 have the right and authority to construct in such roof limited common elements such improvements as the owners of Unit Nos. PH-1, PH-3, PH-5 and PH-7 may deem appropriate in such owners’ sole and exclusive discretion, including, but not limited to, a roof garden, planters, landscaping, hot tub or whirlpool, sundeck and housing for dumbwaiter to service Unit Nos. PH-2 PH-1, PH-3, PH-5 and PH-7. The owners of Unit Nos. PH-2 PH-1, PH-3, PH-5 and PH-7 shall provide for such owners’ own accessway to the roof limited common elements, which accessway shall be contained within Unit Nos. PH-2 PH-1, PH-3, PH-5 and PH-7, and may extend to the roof limited common elements through the roof area above Unit Nos. PH-2 PH-1, PH-3, PH-5 and PH-7, respectively. The perimetrical boundaries of such roof limited common elements shall be vertical extensions of the perimetrical boundaries of Unit Nos. PH-2 PH-1, PH-3, PH-5 and PH-7, respectively. The lower boundary of such roof limited common elements shall be the top of the surface of the slab of the roof above Unit Nos. PH-2 PH-1, PH-3, PH-5 and PH-7, respectively except as modified by the attached survey (Sheet 30) or by Article 3.13 hereto. The upper boundary of such roof limited common elements shall be a plane parallel to such slab twenty (20) feet above the surface thereof. Any construction or improvement made in connection with such roof limited common elements shall be at the sole cost, expense and responsibility of the owners of Unit Nos. PH-2 PH-1, PH-3, PH-5 and PH-7. Further, any such construction and improvement to the roof limited common elements or with respect to access thereto shall be commenced and completed in accordance with applicable local, state and federal laws and all proper permits that may be deemed necessary by any governmental body having jurisdiction, and must also be approved by the Association before any such improvements are commenced. Any expense for the construction, maintenance, repair or replacement related to such improved roof limited common elements shall not be deemed a common expense of the Association, but shall be the sole responsibility of the owners of Unit Nos. PH-2 PH-1, PH-3, PH-5 and PH-7, as the case may be. Improvements or construction in or about such roof limited common elements shall no way interfere with or affect the structural integrity of the building, and in furtherance thereof, the owners of Unit Nos. PH-2 PH-1, PH-3, PH-5 and PH-7 shall and hereby do indemnify and save harmless the Association and all other owners from all damages and losses caused by any construction of improvements or use by said owners within or in connection with such roof limited common elements. The provisions contained within this subparagraph cannot be amended, modified or deleted without the consent, in writing, of the owners of Unit Nos. PH-2 PH-1, PH-3, PH-5 and PH-7.

3.13(a) Each portion of each of the four (4) towers (“Towers”) of the Condominium with access from and extending above the roof level delineated on sheet 30 of Exhibit “B” attached hereto as “limited common elements” is hereby declared to be a tower limited common element appurtenant to Unit Nos. PH-2 PH-1, PH-3, PH-5 and PH-7. Each of the four (4) Towers pertain to the penthouse unit located directly below it, to wit: Tower No. 1 is a limited common element appurtenant to PH-1, Tower No. 3 is a limited common element appurtenant to PH-3, Tower No. 5 is a limited common element appurtenant to PH-5 and Tower No. 7 is a limited common element appurtenant to PH-7. The owners of Unit Nos. PH-2 PH-1, PH-3, PH-5 and PH-7 have the right and authority to construct in such tower limited common elements such improvements as the owners of Unit Nos. PH-2 PH-1, PH-3, PH-5 and PH-7 may deem appropriate in such owners’ sole and exclusive discretion, including, by way of example, but not limited to, private meeting rooms, private recreational areas, and private storage space. The owners of Unit Nos. PH-2 PH-1, PH-3, PH-5 and PH-7 shall provide for such owners’ own accessway(s) to the tower limited common elements and may extend to the tower limited common elements through the roof area directly above owners of Unit Nos. PH-1, PH-3, PH-5 and PH-7 as access may be by the roof limited common elements appurtenant to owners of Unit Nos. PH-1, PH-3, PH-5 and PH-7. The perimetrical boundaries of such tower limited common elements shall be as follows: The lower boundary of such tower limited common elements shall be the top of the surface of the slab of the floor of the tower limited common elements. The upper boundary of such tower limited common elements shall be the surface of the slab of the roof of the tower limited common elements. The perimetrical boundaries of the Unit shall be the vertical planes of the undecorated finished interior of the walls bounding the Unit extending to intersections with each other and with the upper and lower boundaries. Where there is an aperture in any perimetrical boundary including, but not limited to, windows and doors, the vertical boundary shall be extended at all such places, at right angles, to the dimension of such aperture, so that the perimetrical boundary at such places shall be coincident with the exterior unfinished surface of such aperture, including the framework thereto. Exterior walls made of glass or glass fired to metal framing, exterior windows and frames, exterior glass sliding doors, frames and casings, shall be included within the Unit and shall not be deemed to be a common element. Any construction or improvement made in connection with such tower limited common elements shall be at the sole cost, expense and responsibility of the owners of Unit Nos. PH-1, PH-3, PH-5 and PH-7, as the case may be. Further, any such construction and improvement to the tower limited common elements or with respect to access thereto shall be commenced and completed in accordance with applicable local, state and federal laws and all proper permits that may be deemed necessary by any governmental body having jurisdiction, and must also be approved by the Association before any such improvements are commenced. Any expense for the construction, maintenance, repair or replacement related to such tower limited common elements shall not be deemed a common expense of the Association, but shall be the sole responsibility of the owners of Unit Nos. PH-1, PH-3, PH-5 and PH-7, as the case may be. Improvements or construction in or about such tower limited common elements shall in no way interfere with or affect the structural integrity of the building, and in furtherance thereof, the owners of Unit Nos. PH-1, PH-3, PH-5 and PH-7 shall and hereby do indemnify and save harmless the Association and all other owners from all damages and losses caused by any construction of improvements or use by said owners within or in connection with such tower limited common elements. The provisions contained within this subparagraph cannot be amended, modified or deleted without the consent, in writing, of the owners of Unit Nos. PH-1, PH-3, PH-5 and PH-7. To further memorialize the parties’ intentions the owners of PH-2 and the owners of PH-1, PH-3, PH-5 AND PH-7 will enter into a Covenant To Run With The Land assigning the exclusive use right of these limited common elements to PH-1, PH-3, PH-5 and PH-7.

3.13 (b) The 4’ walkways which bound the perimeter of the roof level have heretofore been deemed a limited common element appurtenant to PH-2. The owner of PH-2 shall relinquish this limited common element and same shall no longer be reserved for the exclusive use of this unit and same shall form part of the Common Elements of the Condominium. Traffic over or passage onto the 4’ walkway and all other areas of the roof level, with the exception of the Terrace Deck limited common element (“Deck”) as provided for herein, shall be strictly prohibited, except for emergency purposes or as authorized by the Association for maintenance functions. The Deck located between PH-1 and PH-3 is deemed a limited common element appurtenant to PH-2, with the exception of the two areas adjacent to PH-1 and PH-3, which areas shall be hereby assigned as a limited common element for the exclusive use of PH-1 and PH-3, respectively, as depicted on Exhibit “B”. A required partition which shall consist of a barrier which must be pre-approved by the Association as to form and location (“Party Wall”), must be erected and maintained on the Deck by the owners of PH-1 and PH-3 so as to separate the portion of the Deck assigned to each of these units from the portion of the Deck which is assigned to PH-2. The Party Wall shall be constructed by the owners of PH-1 and PH-3 on the boundary line dividing the terrace deck limited common elements at their sole cost and expense. The costs of any needed repair or maintenance of the Party Wall adjacent to PH-1 shall be borne by the owner of PH-1 and the costs of any needed repair or maintenance of the Party Wall adjacent to PH-3 shall be borne by the owner of PH-3. The owners of PH-1 and PH-3 shall maintain insurance on their respective Party Walls to the extent it is available and if only available as part of the Condominium master policy will reimburse the Association for the corresponding pro-rata share and shall be responsible for any damages to any portion of the Condominium caused by the construction of or failure to maintain such Party Walls. Each owner of the penthouse units located directly below the four Towers (PH-1, PH-3, PH-5 and PH-7), shall be responsible for constructing an aperture and stairwell between the PH unit and Tower at his sole cost and expense. The plans for any such construction must be approved by the Association as well as the City of Miami Beach before any work commences and must be in accordance with all applicable building codes. To the extent that damages are caused to Association property, common areas, limited common areas or to another unit in the building during the course of such construction, the owners of the penthouse unit shall be responsible for all such damages and shall hold harmless the Association from all liability. The owners of PH-1, PH-2 and PH-3 are responsible for maintaining the portion of the roof located below the Deck which is assigned to their respective units as a limited common area, and for keeping this in a watertight condition.




IV. Restraint Upon Separation and Partition of Limited Common Elements and Common Elements.

4.1 The limited common elements and the undivided share in the common elements which are appurtenant to a Unit shall not be separated therefrom and shall pass with the title to the Unit, whether or not separately described.

4.2 The undivided share in the common elements and in the limited common elements appurtenant to a Unit cannot be con­veyed or encumbered except together with the Unit.

4.3 The undivided share in the common elements and in the limited common elements appurtenant to each Unit shall remain undivided, and no action for partition shall lie.

V. Common Elements.

Common elements includes within its meaning the follow­ing items:

5.1 All of the real property, other than the Units, all of which are more particularly described and set forth in the Plot Plan, Survey and Graphic Description attached hereto as Exhibit “B”. Common elements shall include easements through Units for all conduits, pipes, ducts, plumbing, wiring and all other facilities for the furnishing of utility services to Units and the common elements and easements of support in every portion of a Unit which contributes to the support of the improvements, and shall further include all personal property held and maintained for the joint use and enjoyment of the unit owners, exclusive of all wires, cables and equipment comprising the cable television system.

5.2 Installations for the furnishing of utility ser­vices to more than one unit or to the common elements or to a Unit other than the Unit containing the installation, exclusive of installments for the furnishing of cable television service.

5.3 Easements for encroachments by the perimeter walls, ceilings, and floors surrounding each Unit caused by minor inaccuracies in building or rebuilding which now exist or hereafter exist, and such easements shall continue until such encroachment no longer exists.

5.4 Easements for overhanging troughs or gutters, downspouts, and the discharge therefrom of rain water and the subsequent flow thereof over Units.

5.5 A non-exclusive easement for ingress and egress over the walks and other rights-of-way of the common elements as shall be necessary to provide access to the public ways to and from the Units.

VI. Condominium Property and Identification of Units.

6.1 Annexed hereto as Exhibit “B” is a survey of the real property being submitted to the condominium form of ownership, together with a plot plan and graphic description of the improvements in which the Units are located.

6.2 The identification, location and dimensions of each Unit, the limited common elements and the common elements appear on the aforedescribed Exhibit “B”. Each Unit has been given a designation for purposes of identification so that no Unit has the same designation as any other Unit. Each Unit is described in Exhibit “B” annexed hereto in such a manner that there can be determined therefrom the identification, location and approximate dimensions of each Unit and the limited common elements and common elements appurtenant thereto. The legend and notes contained in Exhibit “B” are incorporated herein and made a part hereof by reference.

VII. Ownership of Common Elements and Shares of Common Surplus.

The owner of each Unit shall own a share and an interest in the Condominium Property which is appurtenant to unit owner’s Unit which includes, but is not limited to, the following items:

7.1 Common Elements – The undivided shares, stated as percentages, in the common elements appurtenant to each of the Units as set forth on the schedule attached hereto and made a part hereof by reference as Exhibit “C”; and

7.2 Common Surplus – Any common surplus of the Association, in the same percentage as the common elements appurtenant to each Unit are owned, as set forth in Exhibit “C”. This ownership, however, does not include the right to withdraw or require payment or distribution of said common surplus.

VIII. Amendment to Declaration.

8.1 Except as herein or elsewhere provided, this Declaration may be amended in the following manner:

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

(b) An amendment may be proposed by either a majority vote of the Board of Directors of the Association, or by the vote of members holding not less than 51% of the total votes of the Association. Directors and members not present in person or by proxy at the meeting considering the amendment may express heir approval or disapproval in writing, provided such approval or disapproval is delivered to the Secretary of the Association at or prior to the meeting. Except as elsewhere provided, a resolution adopting the proposed amendment must be approved by either:

1. The vote of not less than 66-2/3% of the Board of Directors and the vote of members holding not less than a majority of the total votes of the Association; or

2. The vote of members holding not less than 80% of the total votes of the Association.

8.2 No amendment shall change the configuration of any Unit nor a Unit’s proportionate share of the common elements, the common expenses or common surplus, nor the voting right appurtenant to any Unit, unless the record owner(s) thereof, all record owners of mortgages thereon join in the execution of the Amendment, and be authorized by the vote of members holding of not less than 51% of the total votes of the Association.

8.3 No amendment shall be passed which shall impair or prejudice the rights and priorities of institutional Mortgagees, nor shall any amendment be adopted which would modify any provi­sions of this Declaration which are for the benefit of institu­tional Mortgagees, without the consent of the Institutional Mort­gagee having the highest dollar indebtedness secured by mortgages encumbering Units in the Condominium.

8.4 The Developer reserves the right to change the interior design and arrangement of all Units and to alter the boundaries between Units, as long as the Developer owns the Units so altered; provided, however, no such change shall alter the boundaries of the common elements, except the party wall between the Units. If the Developer shall make any changes in Units, as provided in this paragraph, such changes shall be reflected by an amendment to this Declaration with a survey and graphic descrip­tion attached reflecting such authorized alteration of Units, and said amendment need only be executed and acknowledged by the Developer and by any Institutional Mortgagee whose mortgage en­cumbers the altered Units and be authorized by the vote of members holding not less than 51% of the total votes of the Association. The survey and graphic description shall be certified in the manner required by the Act. If more than one Unit is concerned, the Developer shall apportion between the units the shares in the common elements appurtenant to the Units concerned, together with apportioning the common expenses and common surplus appurtenant to the Units concerned and such shares of common elements, common expenses and common surplus shall be duly noted in the amendment of the Declaration.

Notwithstanding anything to the contrary herein, the Developer reserves the right to amend the Declaration and its Exhibits so as to correct any omissions or errors (including scrivener’s or surveyor’s errors), so long as such amendments do not materially and adversely affect the rights of unit owners or mortgagees. Such amendment need be executed and acknowledged by the Developer only and be authorized by the vote of members holding not less than 51% of the total votes of the Association.

In addition, the Developer reserves the right to amend this Declaration pursuant to the provisions of Article XXVII, provided said amendment(s) is in accordance with the Act.

8.5 In the event it shall appear that there is an error or omission in this Declaration or in the Exhibits attached hereto, then and in that event, the Association may correct such error and/or omission by amendment to this Declaration in the following manner:

a. Notice of the subject matter of a proposed amendment to cure a defect, error or omission shall be included in the notice of any meeting at which such amendment is to be considered;

b. A resolution for the adoption of such a pro­posed amendment may be proposed by either the Board of Directors of the Association or by the members of the Association, and members of the Association not present in person or by proxy at the meeting considering the amendment may express their approval or disapproval by writing delivered to the Secretary at or prior to the meeting considering adoption of the amendment. Such ap­provals to amend this Declaration must be either by:

(1) The vote of not less than 33-1/3% of the Board of Directors and the vote of members holding not less than 10% of the total. votes of the Association; or

(2) The vote of members holding not less than 25% of the total votes of the Association; or

(3) In the alternative, an amendment may be made by an agreement signed and acknowledged by not less than 80% of all unit owners in the manner required for the execution of a deed, and such amendment shall be effective when recorded in the Public Records of Miami-Dade County, Florida.

8.6 Until the last Unit within the Condominium is conveyed by the Developer, no amendment to this Declaration shall be made or shall be effective without the written consent of the Developer, if such amendment would adversely affect, in Developer’s sole discretion, the sale, marketing and promotion of any Unit(s) by the Developer.

8.7 No provision of this Declaration shall be revised or amended by reference to its title number only. Proposals to amend existing provisions of this Declaration shall contain the full text of the new provision to be amended; new words shall be inserted in the text underlined; and words to be deleted shall be lined through with hyphens. 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 indicators of words added or deleted but, instead, a notation must be inserted immediately preceding the proposed amendment in substantially the following language: “Substantial rewording of Declaration. See provision ________________ for present text.” Non-material errors or omissions in the amendment process shall not invalidate an other­wise properly promulgated amendment.

8.8 Except as may be otherwise provided in this Declaration, a copy of each amendment shall be attached to a certificate, executed by the President or Vice President of the Association, certifying that the amendment was duly adopted. Each amendment shall be effective when the certificate and copy of the amendment. are recorded in the Public Records of Miami-Dade County, Florida.

IX. The Association; Its Powers and Responsibilities.

9.1 The Condominium is governed and administered by LA GORCE PALACE CONDOMINIUM ASSOCIATION, INC., a Florida not-for­-profit corporation. A copy of the Articles of Incorporation of the Association is annexed hereto and made a part hereof as Exhibit “D”. Amendments to the Articles of Incorporation shall be valid when adopted in accordance with its provisions and filed with the Secretary of State or as otherwise required by Chapter 617, Florida Statutes, as same may be amended from time to time. Article VIII of this Declaration, regarding amendments to this Declaration, shall not pertain to amendments to the Articles of Incorporation, the recording of which shall not be required among the public records to be effective unless such recording is otherwise required by law. No amendment to the Articles of Incorporation shall, however, change the size of any Unit nor the share of common elements, common expenses or common surplus appurtenant to a Unit nor the voting rights appurtenant to a Unit unless the record owner or owners thereof, all record owners of mortgages encumbering such Unit or Units, shall join in the execution of such amendment and be authorized by the vote of members holding not less than 51% of the total votes of the Association.

9.2 The powers and duties of the Association shall include those set forth in the By-Laws annexed hereto and made a part hereof as Exhibit “E” but, in addition thereto, the Association shall have all of the powers and duties set forth in the Act, as well as all powers and duties granted to or imposed upon it by this Declaration, including:

a. The irrevocable right to have access to each Unit from time to time during reasonable hours as may be neces­sary for the maintenance, repair or replacement of any common elements therein or of any portion of a Unit to be maintained by the Association or as may be necessary to prevent damage to the common elements or to a Unit or Units.

b. The power to make and collect assessments, regular and special, and to lease, maintain, repair and replace the common elements.

c. The duty to maintain accounting records prepared according to normally accepted accounting practices, which records shall be open to inspection by unit owners at reasonable times during normal business hours.

d. The power to enter into contracts with others, for a valuable consideration, for maintenance and management, including the normal maintenance and repair of the common elements. The duty and responsibility to maintain and preserve the landscaping, gardening, painting, repairing and replacement of the common elements shall not relieve the unit owner of unit owner’s personal responsibility to maintain and preserve the interior of his Unit and the limited common elements appurtenant thereto, and to paint, clean, decorate, maintain and repair his Unit.

e. The power to adopt reasonable rules and regu­lations for the maintenance and conservation of the Condominium Property and for the health, comfort, safety and welfare of the unit owners.

9.3 The By-Laws may be amended in the manner provided for therein, but no amendment to said By-Laws shall be adopted which would affect or impair the validity or priority of any Institutional Mortgage encumbering any Unit(s), or which would change the provisions of the By-Laws with respect to the rights of Institutional Mortgagees, without the written approval of all. Institutional Mortgagees of record.

9.4 Each Unit, other than the Parking Units, shall be entitled to one vote to be cast in accordance with the provisions of the Articles of Incorporation and the By-Laws of the Association.

9.5 The Association or its designees shall maintain such records as are required by Section 718.111, Florida Statutes.

9.6 In any legal action in which the Association may be exposed to liability in excess of insurance coverage protect­ing it and the unit owners, the Association shall give notice of the exposure within a reasonable time to all unit owners and to all Institutional Mortgagees who may be exposed to the liability, no that such unit owners and/or such Institutional Mortgagees shall have the right to intervene and defend.

9.6 In any legal action in which the Association may be exposed to liability in excess of insurance coverage protecting it and the unit owners, the Association shall give notice of the exposure within a reasonable time to all unit owners and to all Institutional Mortgagees who may be exposed to the liability, no that such unit owners and/or such Institutional Mortgagees shall have the right to intervene and defend.

X. Maintenance, Alterations and Improvements.

The responsibility for the maintenance of the Condominium Property and restrictions upon its alteration and improvement shall be as follows:

10.1 By the Association - The Association shall maintain, repair and replace at the Association’s own expense:

a. All common elements, save and except for limited common elements appurtenant to a Unit.

b. All portions of the Units (except interior wall surfaces) contributing to the support of the building, which portions shall include, but not be limited to, the outside walls of the building and load-bearing columns.

c. All conduits, ducts, plumbing, air-conditioning, wiring and other facilities for the furnishing of utility services which are contained in the portions of a Unit contributing to the support of the building or within interior boundary walls, and all such facilities contained within a Unit which service part or parts of the Condominium other than the Unit within which contained.

d. All parking areas of the Condominium.

e. All property owned by Association.

All incidental damage caused to a Unit by such work shall be promptly repaired at the expense of the Association.

10.2 By the Unit Owner - The responsibility of each unit owner shall be as follows:

a. To maintain, repair and replace, at unit owner’s expense, all portions of the Unit except the portions to be maintained, repaired and replaced by the Association. Included within the responsibility of the unit owner shall be to maintain, repair and replace any limited common elements appurtenant to unit owner’s Unit (other than any appurtenant parking space, except that the unit owner shall be responsible to maintain any appurtenant parking space free from any undue oil spills, emissions and other foreign substances) and to maintain all plate glass, sliding glass doors, windows, screens and doors opening into or onto the Unit. All such maintenance, repairs and replacements shall be done without disturbing the rights of other unit owners.

b. To maintain, repair and replace at unit owner’s expense, unit owner’s individual air-conditioning and heating system located inside unit owner’s individual unit.

c. Within the Unit, to maintain, repair and replace at unit owner’s expense all fans, stoves, refrigerators, dishwashers, washing machines, dryers, or other appliances or equipment, including all fixtures and/or their connections required to provide water, light, power, telephone, sewage and sanitary service to unit owner’s Unit. The floor and interior walls of any terrace of a Unit shall be maintained by the unit owner at such unit owner’s expense.

d. Within and without the Unit, not to paint or otherwise decorate or change the appearance of any exterior portion of the building, including terraces, or any stucco portion of the building.

e. To promptly report to the Association any defects or need for repairs, the responsibility for the remedy of which is that of the Association.

f. No unit owner, other than the Developer, shall make any alterations in the portions of the building which are to be maintained by the Association, or remove any portion thereof or make any additions thereto or do any work which, in the sole discretion of the Association, would jeopardize the safety or soundness of the building or impair any easement, without first obtaining approval from the Board of Directors of the Association.

10.3 Alteration and Improvement of Common Elements -There shall be no material alterations or substantial additions to the common elements, except as the same are authorized by the Board of Directors and ratified by the affirmative vote of members holding not less than 66-2/3% of the total votes of the Association. The cost of the foregoing shall be assessed as common expenses of the Condominium.

10.4 Alteration of Unit. No owner of a Unit shall make or cause to be made any structural modifications or alterations or replacements in unit owner’s Unit, or the exterior doors of unit owner’s Unit, or in the water, gas, electrical, plumbing, air-conditioning equipment or utilities therein, without the consent of the Board of Directors of the Association, which consent may be withheld in the event the Board of Directors determines that such structural alteration, modification or replacement is aesthetically unacceptable and/or in the event the Board of Directors determines that such structural alteration, modification or replacement would in any manner endanger the structural soundness of the building. If the modification, alteration or replacement desired by an owner of a Unit involves the removal of any permanent interior partition, the Board of Directors may permit same if the same is not a load-bearing partition and if the same does not interfere with any common utility source. A unit owner making or causing to be made any structural modification, alteration or replacement to unit owner’s Unit agrees, and shall be deemed to have agreed, to hold the Association and all other unit owners harmless from any liability arising therefrom. Except as provided for in Article 3.12, no unit owner shall cause any improvements or changes to be made to the exterior of the building including, but not limited to painting, installation of electrical wires, television antennae, or air conditioning units which may protrude through the walls or roof of the building, or in any manner change the appearance of the exterior of the building or any portion of the building not totally within each Unit, without consent of the Board of Directors. Except as provided for in Article 3.12, no unit owner, other than the Developer and/or the agents of the Developer, or any other person. shall install upon the roof or exterior of the building or upon the common elements of the Condominium, any television antennae, radio antennae, electric, electronic, electro-mechanical or other communications device, decorative item or affixed furnishing, without the consent of the Board of Directors.

10.5 Liability of Unit Owner. Should a unit owner undertake unauthorized additions and modifications to his Unit, or refuse to make repairs as required, or should a unit owner cause damage to the Condominium Property, the Association shall have the right to avail itself of the remedies set forth in Section 718.303(l) and (3), Florida Statutes, which remedies include the levy of a reasonable fine, an action for damages or an action for injunctive relief.

10.6 Insurance Proceeds. Whenever any maintenance, replacement and repair of any items for which the owner of a Unit is responsible is made necessary by any loss covered by insurance maintained by the Association, the proceeds of the insurance received by the Association, or by the insurance Trustee, shall be used for the purpose of accomplishing such maintenance, repair or replacement. The unit owner shall be required to pay all of the costs thereof that exceed the amount of the insurance proceeds.

XI. Enforcement of Maintenance. In the event the Owner of a Unit fails to maintain the Unit and the appurtenances thereto, as required above, the Association, the Developer, or any other unit owner shall have the right to proceed in a court of equity to seek compliance wihh the foregoing provisions.

Further, in the event a unit owner violates any of the provisions of Article X above, the Developer and/or the Association shall have the right to take any and all much lawful steps as may be necessary to remedy such violation.

XII. Common Expenses.

12.1 Common expenses shall include expenses of the operation, maintenance, repair or replacement of the common elements (and those portions of the limited common elements to be maintained by the Association), costs of carrying out the powers and duties of the Association, and any other expenses designated as common expenses by the Association.

12.2 All costs of water, gas, trash and garbage collection and sewage service for the Condominium.

12.3 Common expenses shall be shared by each Unit in accordance with each Unit’s respective interests in the common elements and in the common surplus, as set forth in Exhibit “C”. The foregoing ratio of sharing common expenses and assessments shall remain, regardless of the purchase price of the Units or their locations.

XIII. Assessments; Liability, Lien and Priority; Interest; Collection.

13.1 The Association, through its Board of Directors, shall have the power to fix and determine from time to time, a budget necessary to provide for the common expenses of the Condominium. A unit owner, regardless of how title is acquired, except as provided in Article XIV below, shall be liable for all assessments coming due while the owner of a Unit. In a voluntary conveyance, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments against the Unit being conveyed, up to the time of such voluntary conveyance.

13.2 The Board of Directors shall adopt a Budget for the Association during the month preceding the fiscal year wherein the Budget will take effect, which Budget shall include a schedule of assessments to be paid by the unit owners.

13.3 Each unit owner shall be responsible for the payment of the assessments imposed against his Unit in an amount equal to the percentage of responsibility for payment of common expenses set for in Exhibit “C” attached hereto.

13.4 Regular assessments shall be paid by the unit owners on a monthly basis payable on the first day of each and every month.

13.5 Should the Association, through its Board of Directors, at any time determine that the assessments made are not sufficient to pay the common expenses or, in the event of emergencies, the Board of Directors shall have the authority to levy and collect additional and/or special assessments to meet such needs of the Association.

13.6 The Board of Directors of the Association, in assessing for common expenses, shall (unless waived pursuant to applicable law) include therein a sum to be collected and maintained as a reserve fund for capital expenditures and deferred maintenance for any item for which the deferred maintenance expense or replacement cost is greater than $10,000.00.

13.7 The Board of Directors of the Association, in assessing for common expenses, may include therein a sum to be collected and maintained as a general operating reserve which shall be used to provide a measure of financial security during periods of stress. Such sums may be used to meet deficiencies from time to time existing as a result of delinquent payment of assessments by unit owners or as a result of emergencies.

13.8 All monies collected by the Association from assessments imposed against unit owners in this Condominium shall, unless the same is collected for the benefit of others, be the separate property of the Association. Such monies may be applied by the Association to the payment of any expense of operating and managing the Condominium Property, or to the proper undertaking of all acts and duties imposed upon it by virtue of the provisions of this Declaration. All monies received from assessments imposed against unit owners In this condominium may be co-mingled with other monies held by the Association, but separate ledgers shall be maintained. All monies received by the Association from assessments imposed against unit owners in this Condominium shall be held for the benefit of the unit owners in this Condominium and may not be expended for the benefit of any other condominium. No unit owner shall have the right to assign, hypothecate, pledge or in any manner transfer his Interest therein, except as an appurtenance to his Unit. Such funds shall not be subject to attachment or levy by a creditor or judgment creditor of a unit owner. When the owner of a Unit shall cease to be a member of the Association, by the divestment of his ownership of such Unit by whatever means, the Association shall not be required to account to such owner for any share of the funds or assets of the Association.

13.9 Liability for assessments may not be avoided by abandonment of a Unit, or by waiver of the use of any common elements or other property which a unit owner is entitled to use or enjoy.

13.10 Assessments not paid within ten (10) days of when due shall bear interest from the date when due until paid at the rate of eighteen (18%) percent per annum. Additionally, the failure to pay any assessment within ten (10) days from the date due shall entitle the Association to levy an administrative late fee, in addition to interest upon the delinquent assessment, in an amount not to exceed the greater of $25.00 or five percent (5.00%) of each installment of the delinquent assessment, said administrative late fee to be imposed against the delinquent unit owner for each thirty (30) day period that the assessment remains delinquent. Payments made shall be applied to interest and administrative late fees first and then to the delinquent assessment. The Association shall furnish to any Institutional Mortgagee, upon its request, written notification of any default in assessment payments of the unit owner whose Unit is encumbered by the Institutional Mortgage.

13.11 The Association is hereby granted a lien on each Unit, which lien shall secure the payment of all assessments, interest thereon, and reasonable attorneys’ fees incurred as an incident to the enforcement of said lien. Notwithstanding anything to the contrary contained herein, no fine shall become a lien against a Unit. The lien granted to the Association shall further secure such advances for taxes and payments on account of mortgages, insurance, liens or encumbrances that may be required to be advanced by the Association in order to preserve and protect its lien, and the Association shall be entitled to interest at the rate of eighteen (18%) percent per annum on any such advances made for such purposes. The lien shall be effective, have priority and be collected as provided by the Act unless, by the provisions of this Declaration, such liens would have a greater priority or dignity, in which event the lien right in favor of the Association having the highest priority and dignity shall be the lien of the Association.

13.12 Liens for assessments may be foreclosed by suit brought in the name of the Association in like manner as a foreclosure of a mortgage on real property, as more fully set forth in the Act. The Association may bid at any sale and apply as a cash credit against its bid all sums due the Association covered by the lien being enforced. In any suit for the foreclosure of said lien, the Association, provided the unit owner has remained in possession of the Unit, shall be entitled to petition a court of competent jurisdiction for payment of a reasonable rental from the owner of such Unit from the date on which the payment of any assessment or installment thereof became delinquent, and shall be entitled to the appointment of a receiver for said Unit.

13.13 A first mortgagee who acquires title to the unit by foreclosure or by deed in lien of foreclosure is liable for the unpaid assessments that became due prior to the mortgagee’s receipt of the deed. However, the mortgagee’s liability is limited to a period not exceeding 6 months, and in no event shall the first mortgagee’s liability exceed 1 percent of the original mortgage debt. The first mortgagee’s liability for such expenses or assessments does not commence until 30 days after the date the first mortgagee received the last payment of principal or interest. In no event shall the mortgagee be liable for more than 6 months of the units’ unpaid common expenses or assessments accrued before the acquisition of the title to the unit by the mortgagee or 1 percent of the original mortgage debt, whichever amount is less.

13.14 In the event a unit owner is thirty (30) days or more late in the payment of any assessment due to the Association from the unit owner of whatsoever nature or kind, the Board of Directors, in its sole discretion, may accelerate the subsequent annual installments and other known assessment for the subsequent year, and such installments may be included in the liens set forth herein. In the event a unit owner enters a new fiscal year being thirty (30) days or more in default of payment of any installment due during any previous fiscal year, the Board of Directors may accelerate all then known remaining monthly installments which are due for the remainder of the fiscal year in which the Association is entering.

XIV. Maintenance Assessments With Respect to Developer Owned Units. During the period commencing from the date of recording of the first deed of conveyance to the purchaser, of a unit until the earlier of one (1) year thereafter or the date on which control of the Board of Directors of the Association is turned over to unit owners other than the Developer (the “Initial Guarantee Expiration Date”), the Developer shall not be obligated to pay the share of the common expenses and assessments attributable to Units that it owns, provided that the regular monthly assessments for common expenses imposed on each unit owner other than the Developer shall not increase daring such period over the amount set forth in the initial Estimated Operating Budget for the Association, and provided further that the Developer shall be obligated to pay any amount of common expenses actually incurred during such period and not produced by the assessments at the guaranteed level. For purposes of this paragraph, income to the Association other than assessments (as defined herein and in the Act) shall not be taken into account when determining the deficits to be funded by the Developer. After the Initial Guarantee Expiration Date, the Developer shall have the option of extending the guarantee for one (1) or more additional periods (not to exceed three (3) additional periods), of one (1) year each (an “Additional Guarantee Period’) as provided in Florida Statutes, Section 718.116(9). The Developer shall be deemed to have automatically extended the guarantee, by an Additional Guarantee Period, unless the Developer notifies the Board of Directors of La Gorce Palace Condominium Association, Inc. in writing, of its election not to extend the guarantee for an Additional Guarantee Period. The Developer may also extend the guarantee for a definite period of time by written agreement with a majority of non-Developer unit owners. No funds received from unit owners payable to the Association or collected by the Developer on behalf of the Association, other than regular periodic Assessments for common expenses as provided in this Declaration and disclosed in the Estimated Operating Budget referred to above, shall be used for the payment of common expenses prior to the Guarantee Expiration Date. This restriction shall apply to funds including, but not limited to, capital contributions or start-up funds collected from unit owners at closing.

XV. Limitation Of Liability.

15.1 The liability of the owner of a unit for common expenses shall be limited to the amounts for which such unit owner is assessed from time to time in accordance with this Declaration and the By-Laws (including any interest, penalties, costs or fees provided for therein in the event of delinquency).

15.2 The owner of a Unit may be personally liable for acts or omissions of the Association in relation to the use of the common elements, but only to the extent of such unit owner’s pro rats share of that liability in the same percentage as such units owner’s interest In the common elements, and then in no case shall such liability exceed the value of the unit owner’s Unit.

XVI. Liens.

16.1 Unless a unit owner has expressly requested or consented to work being performed or materials being furnished to unit owner’s Unit, such furnishing of labor or materials may not be the basis for the filing cf a mechanic’s lien against same. No labor performed or materials furnished to the common elements shall be the basis for a lien thereon unless authorized by the Association, in which event same may be the basis for the filing of a lien against all Units in the proportions for which the Units are liable for common expenses.

16.2 In the event a lien against two or more Units becomes effective, each unit owner thereof may relieve his Unit of the lien by paying the proportionate amount attributable to unit owner’s Unit. Upon such payment, it shall be the duty of the lienor to release the lien of record against such Unit.

XVII. Easements.

Each of the following easements is a covenant running with the land of the Condominium, to-wit:

17.1 Utility Services; Drainage - Easements are reseived under, through and over the Condominium Property as may be required for utility services, cable television service and drainage in order to serve the Condominium. A unit owner shall do nothing within or outside unit owner’s Unit that interferes with or impairs the utility services and/or the cable television services using these easements. The Association or its designee shall have a right of access to each Unit to maintain, repair or replace the pipes, wires, ducts, vents, cables, conduits and other utility or other service facilities and common elements contained in the Unit or elsewhere in the Condominium Property, and to remove any improvements interfering with or impairing the utility services or easements herein reserved; provided that such right of access shall not unreasonably interfere with the unit owner’s permitted use of the Unit, and entry shall be made on not less than one day’s notice, except in the event of an emergency.

17.2 Traffic - An easement shall exist for pedestrian traffic over, through and across sidewalks, driveways, paths, walks, balls, lobbies, elevators, center cores, and other portions of the common elements as may be from time to time intended and designated for such purpose and use; and for vehicular and pedestrian traffic over, through and across such portions of the common elements and limited common elements as may, from time to time, be paved and intended for such purpose; and such easements shall be for the use and benefit of unit owners, lessees, Institutional Mortgagees, and those claiming by, through or under the aforesaid.

17.3 Easement for Unintentional and Non-Negligent Encroachments - If a unit shall encroach upon any other Unit, by reason of original construction or by reason of the non-negligent or non-purposeful act of the unit owner or the Developer, then an easement appurtenant to such encroaching Unit, to the extent of such encroachment, shall exist so long as such encroachment shall exist. If any common element or limited common element shall encroach upon any Unit by reason of original construction or by reason of the non-purposeful or non-negligent act of the Association or the Developer, then an easement appurtenant to such common element or limited common element, to the extent of such encroachment, shall exist so long as such encroachment shall exist.

17.4 Support - The Developer and the Association hereby grant to each other and to their respective heirs, successors, and assigns, and all third party beneficiaries, including unit owners, lessees, guests, invitees, servants and employees, the right of support for all structures on any portion of the real property of the Condominium.

17.5 Additional Easements - The Association has the right to grant to owners and users of property which is contiguous to the Condominium Property, easements upon, over and across the common elements of the Condominium for purposes of use, ingress, egress and access; provided, however, that the recipients of such easements shall pay, or cause to be paid, a pro rata portion of the expenses associated with ownership, operation and use of the common elements. In addition, the Association shall have the right to grant such additional electric, cable television, telephone, gas or other utility easements, and to relocate any existing easements in any portion of the Condominium Property, and to grant access easements and relocate any existing access easements in any portion of the Condominium Property, as the Association shall deem necessary or desirable for the proper operation and maintenance of the improvements, or any portion thereof, or for the general health or welfare of the unit owners, or for the purpose of carrying out any provisions of this Declaration; provided that such easements or the relocation of existing easements will not prevent or unreasonably interfere with the use of the Units for their intended purposes; and provided further that notice of the granting of same is given to any Institutional Mortgagee holding a construction loan mortgage encumbering the Condominium Property.

17.6 Pedestrian Access Easement Agreement - The Developer shall, contemporaneously with the recordation of this Declaration, record a Declaration of Easement, in approximate form and content as set forth on Exhibit “G” to this Declaration (the “Easement Declaration”). The Easement Declaration grants pedestrian access to the beach area of the Condominium Property to Developer, its successors and/or assigns, on the approximate area described in Sheet 8, Exhibit: “B” to this Declaration.

17.7 All easements, of whatever kind or character, whether heretofore or hereafter created, shall constitute a covenant running with the land, shall survive the termination of the Condominium, and, notwithstanding any other provisions of this Declaration, may not be substantially amended or revoked in a way which would unreasonably interfere with the proper and intended use and purpose of any such easement. The unit owners do hereby designate the Association as their lawful attorney-in-fact, coupled with an interest, to execute any and all instruments on their behalf for the purpose of creating all such easements as are contemplated by the provisions hereof.

XVIII. Obligations of Unit Owners.

In addition to other obligations and duties heretofore set Out in this Declaration, each unit owner shall:

18.1 Promptly pay all assessments, regular and special, levied by the Association.

18.2 Maintain in good condition and repair unit owner’s Unit and the limited common elements appurtenant thereto and maintain and repair the fixtures therein and pay for any utilities which are separately metered to unit owner’s Unit.

18.3 Not permit or suffer anything to be done or kept in unit owner’s Unit which will increase the insurance rates on unit owner’s Unit or assigned storage area, if any, or the common elements, or which will obstruct or interfere with the rights of other unit owners or annoy them by unreasonable noises or otherwise; nor shall a unit owner commit or permit any nuisance or any immoral or illegal act in unit owner’s Unit or on the common elements.

18.4 Conform to and abide by the By-Laws and such rules and regulations which may be adopted in writing, from time to time, by the Board of Directors of the Association and to see that all persons using unit owner’s Unit by, through or under the unit owner do likewise.

18.5 Make no alteration, decoration, repair, replacement or change of the common elements or limited common elements, or to any outside or exterior portion of the building, except as set forth herein.

18.6 Exhibit no sign, advertisement or notice of any type on the common elements, on the limited common elements or on unit owner’s Unit except as may be approved in writing by the Association. The prohibitions contained in this subparagraph shall not be applicable to the Developer and/or to agents of the Developer.

18.7 Make no repairs to any plumbing or electrical wiring, except within a Unit. Plumbing and electrical repairs within a Unit shall be the financial obligation of the owner of the Unit and shall be paid for forthwith. The Association shall pay for and be responsible for plumbing repairs and electrical wiring within the common elements.

18.8 Return the “Unit” for the purpose of ad valorem taxes to the respective taxing authorities having jurisdiction over them for separate assessment against unit owner’s Unit. For the purposes of ad valorem taxation, the interest of the unit owner in unit owner’s Unit and in the limited common elements and common elements appurtenant thereto shall be considered as a Unit.

XIX. Insurance.

19.1 Liability Insurance - The Board of Directors of the Association shall utilize due diligence to obtain, to the extent available public liability insurance, directors’ and officers’ liability insurance and property damage insurance covering all real property owned by the Association and all of the common elements of the Condominium (not including floor coverings, wall coverings or ceiling coverings), and insuring the Association, all unit owners and all Institutional Mortgagees, as it and their interests may appear, in such amounts as the Board of Directors may determine from time to time, provided. that the minimum amount of coverage shall, to the extent such coverage is available, be at least $1,000,000.00 per occurrence combined single limit bodily injury and property damage. Said insurance coverage shall include, but not be limited to, water damage, legal liability, hired automobile, non-owned automobile and all premises and operations. All liability insurance shall contain a cross-liability endorsement to cover the liability of all the unit owners, as a group, to any one unit owner, Premiums for the payment of such insurance shall be paid by the Association and charged as a common expense.

19.2 Casualty Insurance - Purchase of Insurance - The Association shall obtain “all risk” insurance, flood insurance and vandalism and malicious mischief insurance, insuring all of the insurable improvements within the Condominium (except for floor coverings, wall coverings and/or ceiling coverings), including personal property owned by the Association, in and for the interest of the Association, all unit owners and Institutional Mortgagees, as their interests may appear, with a company acceptable to the standards set by the Board of Directors of the Association, in an amount equal to the maximum insurable replacement value, as determined annually. The premiums for such coverage and other expenses in connection with said insurance placement shall be paid by the Association and charged as a common expense. The company or companies with whom the Association shall place its insurance coverage, as provided in this Declaration, must be good and responsible companies, authorized to do business in the State of Florida. Insurance shall be obtained from companies whose ratings meet the financial and policy holder’s standards of the Institutional Mortgagee having the highest dollar value of mortgages encumbering Units in the Condominium, which Institutional Mortgagee shall also have the right to approve the amounts of insurance coverage and the forms utilized by the insurance company furnishing the insurance.

19.3 Loss Payable Provisions - Insurance Trustee - All policies purchased by the Association shall be for the benefit of the Association, all unit owners and their mortgagees, as their interests may appear. Said policies shall provide that all insurance proceeds payable on account of loss or damage shall be payable to any banking institution having trust powers and doing business in the State of Florida (the “Insurance Trustee”). The Insurance Trustee shall not be liable for the payment of premiums, nor for the renewal or the sufficiency of policies, nor for the failure to collect any insurance proceeds, nor for the form or content of the policies. The sole duty of the Insurance Trustee shall be to receive such proceeds as are paid and to hold the same in trust for the purposes elsewhere stated herein, and for the benefit of the Association, the unit owners and their respective mortgagees (sometimes hereinafter collectively referred to as “beneficial owners”), in the following shares, but such shares need not be set forth upon the records of the Insurance Trustee:

a. Common Elements - Proceeds on account of damage to common elements shall be an undivided share for each unit owner, such share being the same as the undivided share in the common elements appurtenant to unit owner’s unit.

b. Units - Proceeds on account of units shall be in the following undivided shares:

1. Partial destruction, when Units are to be repaired and restored for the owners of the damaged Units, in proportion to the cost of repairing the damage suffered by each unit owner.

2. Total destruction of Condominium improvements, or where “very substantial” damage occurs and the Condominium improvements are not to be restored, as provided hereafter in this Article for the owners of all Units, each unit owner’s share being in proportion to unit owner’s share in the common elements appurtenant to unit owner’s Unit.

c. Mortgagees - In the event an Institutional Mortgage encumbers a Unit, the share of the unit owner shall be held in trust for the particular Institutional Mortgagee and the unit owner, as their interests may appear; provided, however, that no mortgagee, other than the Institutional Mortgagee having the highest dollar indebtedness secured by mortgages encumbering Units in the Condominium, shall have any right to determine or participate in the determination as to whether or not any damaged property shall be reconstructed or repaired.

19.4 Distribution of Proceeds - Proceeds of insurance policies received by the Insurance Trustee shall be distributed to or for the benefit of the beneficial owners and expended or disbursed after first paying or making provision for the payment of the expenses of the Insurance Trustee in the following manner:

a. Reconstruction or Repair - If the damage for which the proceeds were paid is to be repaired and restored, the remaining proceeds shall be paid to defray the cost thereof, as elsewhere provided. Any proceeds remaining after defraying such costs shall be distributed to the beneficial owners, all remittances to unit owners and their mortgagees being payable jointly to them. This is a covenant for the benefit of any mortgagee of a Unit and may be enforced by any mortgagee. Said remittance shall be made solely to an Institutional Mortgagee, when requested by such Institutional Mortgagee, whose mortgage provides that it has the right to require application of the insurance proceeds to the payment or reduction of its mortgage debt.

b. Failure to Reconstruct or Repair - If the damage for which the proceeds were paid shall, not be repaired and restored, any proceeds remaining after defraying such costs shall be distributed to the beneficial owners, all remittances to unit owners and their mortgagees being payable jointly to them. This is a covenant for the benefit of any mortgagee of a Unit and may be enforced by any mortgagee. Said remittance shall be made solely to an Institutional Mortgagee, when requested by such Institutional Mortgagee, whose mortgage provides that it has the right to require application of the insurance proceeds to the payment or reduction of its mortgage debt. In the event of the loss or damage to personal property belonging to the Association, and should the Board of Directors of the Association determine not to replace such personal property as may be lost or damaged, the proceeds shall be disbursed to the beneficial owners as surplus in the manner elsewhere stated.

c. Certificate - In making distribution to unit owners and their mortgagees, the Insurance Trustee may rely upon a certificate of the Association, executed by the President (or Vice-President) and Secretary of the Association, as to the names of the unit owners and their respective shares of distribution. Upon request of the Insurance Trustee, the Association forthwith shall deliver such certificate. In addition the Insurance Trustee may rely on such certificate as to whether or not the damaged property is to be repaired and restored and as tc the payee and the amount to be paid from said proceeds.

19.5 Loss Within a Single Unit - If loss shall occur within a single Unit or Units, without damage to the common elements, the insurance proceeds shall be distributed to the affected unit owner(s), remittance by the Insurance Trustee to unit owners and their mortgagees being payable jointly to them. This is a covenant for the benefit of any mortgagee of a Unit and may be enforced by any mortgagee. Said remittance shall he made solely to an Institutional Mortgagee, when requested by such Institutional Mortgagee, whose mortgage provides that it has the right to require application of the insurance proceeds to the payment or reduction of its mortgage debt. The unit owner shall thereupon be fully responsible for the restoration of the Unit.

19.6 Loss Less Than “Very Substantial” - Where a loss or damage occurs to more than one Unit and/or to the common elements, or to any Unit at Units and the common elements, but said loss is less than “very substantial” (as hereinafter defined), it shall be obligatory upon the Association and the unit owners to repair, restore and rebuild the damage caused by said loss. Where such loss or damage is less than “very substantial”:

a. The Board of Directors of the Association shall promptly obtain reliable and detailed estimates of the cost of repairing and restoration.

b. If the damage or loss is limited to the common elements, with minimum or no damage or loss to any individual Unit, and if such damage or loss to the common elements is less than $3,000.00, the insurance proceeds shall be endorsed by the Insurance Trustee over to the Association, and the Association shall promptly contract for the repair and restoration of the damage.

c. If the damage or loss involves individual Units encumbered by Institutional Mortgages, as well as to the common elements, or if the damage is limited to the common elements alone but is in excess of $3,000.00, the insurance proceeds shall be disbursed by the Insurance Trustee for the repair and restoration of the property upon the written direction and approval of the Association; provided, however, that upon the request of an Institutional Mortgagee, the written approval shall also be required of the Institutional Mortgagee having the highest dollar indebtedness secured by mortgages encumbering Units in the Condominium. Should written approval be required, as aforesaid, it shall be said Institutional Mortgagee’s duty to give written notice thereof to the Insurance Trustee. The Insurance Trustee may rely upon the certificate of the Association and the aforesaid Institutional Mortgagee, if said Institutional Mortgagee’s written approval is required, as to the payee and the amount to be paid from said proceeds. All payees shall deliver paid bills and waivers of mechanic’s liens to the Insurance Trustee and execute any affidavit required by law or by the Association or by the aforesaid Institutional Mortgagee. In addition to the foregoing, the Institutional Mortgagee whose approval may be required, as aforedescribed, shall have the right to require the general contractor performing the reconstruction to obtain a performance and payment bond in an amount and with a bonding company authorized to do business in the State of Florida, which are acceptable to said mortgagee.

d. Subject to the foregoing, the Board of Directors of the Association shall have the right and obligation to negotiate and contract for the repair and restoration of the Condominium Property.

e. If the net proceeds of the insurance are insufficient to pay for the estimated cost of restoration and repair (or for the actual cost thereof if the work has actually been done), the Board of Directors shall promptly, upon determination of the deficiency, levy a special assessment against all Units in proportion to each unit’s share in the common elements (regardless of whether all of the common elements are affected), for that portion of the deficiency as is attributable to the cost of restoration of the common elements. The special assessment funds shall be delivered by the Association to the Insurance Trustee and shall be added by said Insurance Trustee to the proceeds available for the repair and restoration of the Condominium Property.

f. In the event the insurance proceeds are sufficient to pay for the cost of restoration and repair, or in the event the insurance proceeds are insufficient but additional funds are raised by special assessments within ninety (90) days after the casualty, so that sufficient funds are on hand to fully pay for such restoration and repair, then no mortgagee shall have the right to require the application of insurance proceeds to the payment of its mortgage; provided, however, that this provision may be waived by the Board of Directors in favor of any Institutional Mortgagee upon request therefor at any time.

19.7 “Very Substantial” Damage - As used in this Declaration, or in any other context dealing with this Condominium, the term “very substantial” damage shall mean loss or damage whereby 75% or more of the total unit space in the Condominium is tendered untenantable, in the sole discretion of the Board of Directors, or loss or damage whereby 75% or more of the total amount of insurance coverage placed becomes payable. Should such “very substantial” damage occur, then:

a. The Board of Directors of the Association shall promptly obtain reliable and detailed estimates of the cost of repair and restoration thereof and the net amount of insurance proceeds available for restoration and repair.

b. Thereupon, a special meeting of the members of the Association shall be called by the Board of Directors of the Association, to be held not later than 60 days after the casualty, to determine the wishes of the members of the Association with reference to abandonment of the Condominium project, subject to the following:

1. If the net insurance proceeds available for restoration and repair, together with the funds advanced by unit owners to replace insurance proceeds paid over to Institutional Mortgagees, are sufficient to cover the cost thereof, so that no special assessment is required, then the Condominium Property shall be restored and repaired, unless members holding not less than 66-2/3% of the total votes of the Association shall vote to abandon the Condominium project, in which case the Condominium Property shall be removed from the provisions of the Act, in accordance with Section 718.117 of the Act.

2. If the net insurance proceeds available for restoration and repair. together with funds advanced by unit owners to replace insurance proceeds paid over to Institutional Mortgagees, are not sufficient to cover the cost thereof, so that a special assessment will be required, then if members holding in excess of 33-1/3% of the total votes of the Association vote against such special assessment, the Condominium shall be abandoned and the Condominium Property shall be removed from the provisions of the Act in accordance with Section 718.117 of the Act. In the event members holding not less than 66-2/3% of the total votes of the Association vote in favor of special assessment, the Association shall immediately levy such special assessment and thereupon, the Association shall proceed to negotiate and contract for such repairs. The special assessment funds shall be delivered by the Association to the Insurance Trustee and shall be added by said Insurance Trustee to the proceeds available for the repair and restoration of the Condominium Property. The proceeds shall be disbursed by the Insurance Trustee for the repair and restoration of the Condominium Property, as provided in Paragraph D of this Article. To the extent that any insurance proceeds are paid over to any mortgagee, and in the event it is determined not to abandon the Condominium project and to vote a special assessment, then the affected unit owner shall be obliged to replenish the funds so paid over to his mortgagee, and said unit owner and his Unit shall be subject to special assessment for such sum.

3. In the event any dispute shall arise as to whether or not “very substantial” damage has occurred, it is agreed that a determination made by the Board of Directors of the Association shall be binding upon all unit owners.

19.8 Surplus - It shall be presumed that the first monies disbursed in payment of costs of repair and restoration shall be from the insurance proceeds; and if there is a balance in the funds held by the Insurance Trustee after the payment of all costs of the repair and restoration, such balance may be retained as a reserve, or wholly or partly distributed, at the discretion of the Board of Directors of the Association, unless the Institutional Mortgagee having the highest dollar indebtedness secured by mortgages encumbering Units in the Condominium shall require distribution. in the event of distribution, then the Insurance Trustee shall distribute any such balance to the beneficial owners of the fund in the manner elsewhere stated.

19.9 Plans and Specifications - Any repair and restoration must be substantially in accordance with the plans and specifications for the original building, or as the building was last constructed, or according to the plans approved by the Board of Directors of the Association, which approval shall not be unreasonably withheld. If any material or substantial change is contemplated, the approval of all Institutional Mortgagees shall also be required. The Insurance Trustee shall not be obligated or required to inquire into or determine any matters concerning the plans or specifications of any repairs, restoration or rebuilding.

19.10 Association’s Power to Compromise Claim --The Association is hereby irrevocably appointed for each unit owner for the purpose of compromising and settling claims arising under insurance policies purchased by the Association, and to execute and deliver releases therefor upon the payment of claims.

19.11 To the extent available, a workmen’s compensation policy shall be obtained by the Association to meet the requirements of law. Such policy shall have a minimum of $500,000.00 Employer’s Liability Coverage. In addition, the Association shall obtain such other insurance coverages as the Association shall reasonably determine is necessary for the unit owners and the Condominium.

19.12 Each individual unit owner shall purchase at unit owner’s expense, liability insurance to cover accidents occurring within unit owner’s Unit, and shall purchase insurance upon unit owner’s personal property and such insurance, where applicable, shall contain waiver of subrogation, if available.

19.13 If available, and where applicable, the Association shall endeavor to obtain policies which provide that, the insurance company waives its right of subrogation as to any claims against unit owners, the Association and their respective servants, agents and guests. Each unit owner and the Association hereby agrees to waive any claim against each other and against other unit owners for loss or damage for which insurance hereunder is carried, to the extent that the coverage is adequate to compensate for the loss, where the insurer has waived its rights of subrogation as aforesaid.

19.14 If the Association fails to procure any of the insurance coverages required under this Declaration, and to pay the premiums therefor, the Institutional Mortgagee having the highest dollar value of mortgages encumbering units in the Condominium shall have the right to obtain and pay for the policies and be subrogated to the assessment and lien rights of the Association with respect to said payments.

XX. Eminent Domain or Condemnation Proceedings.

If eminent domain or condemnation proceedings are successfully litigated against all or any part of the Condominium Property, the entire eminent domain or condemnation award is to be secured to the Association for the use and benefit of unit owners and their mortgagees as their interests may appear, in accordance with the percentage of ownership of the common elements herein provided. Each unit owner, by acceptance of a deed of conveyance, acknowledges that the Association may act, as attorney-in-fact, for each unit owner in any such eminent domain or condemnation proceeding and in negotiations, settlements and agreements with the appropriate governmental condemning authority. The Association shall give prompt written notice to each unit owner and to each holder of a mortgage of record of any such eminent domain or condemnation proceedings, and shall take no action in any such proceedings that will disturb any mortgagee’s lien priority.

XXI. Rules and Regulations.

21.1 The Board of Directors may, by not less than a 66-2/3% vote, from time to time, adopt or amend previously adopted administrative rules and regulations governing the details of the operation, use, maintenance and control of the common elements of the Condominium and any facilities or services made available to the unit owners. The Board of Directors shall, from time to time, post at a conspicuous place on the Condominium Property, a copy of the rules and regulations adopted, from time to time, by the Board of Directors.

21.2 As to Units - The Board of Directors may, by not less than a 66-2/3% vote, from time to time, adopt or amend previously adopted rules and regulations governing and restricting the use and maintenance of the Unit(s) provided, however, that copies of such rules and regulations are furnished to each unit owner prior to the time the same become effective, and where applicable or desirable, copies thereof shall be posted at a conspicuous place on the Condominium Property.

21.3 Rules and Regulations - All rules and regulations adopted by the Board of Directors shall be deemed in effect until amended by the Board of Directors, and shall apply to and be binding upon all unit owners. The unit owners shall, at all times, obey said rules and regulations and shall use their best efforts to see that they are faithfully observed by their families, guests, invitees, servants and lessees. In order to change, amend or vary old or present rules and regulations and/or adopt new rules and regulations, the same shall be duly passed by at least a 66-2/3% vote or consent of the Board of Directors; however, no vote of the membership shall be required. A change, amendment or adoption of a rule and regulation shall not require an amendment to the Declaration of Condominium or of the By-Laws, unless such change, amendment or adoption of a rule and regulation would conflict, in any manner, with any provision of this Declaration and/or the By-Laws. The rules and regulations in effect as of the date of this Declaration are attached hereto as Exhibit “F”.

XXII. Maintenance Contracts.

If there shall become available to the Association a contract service for pest control and/or for appliance maintenance and/or for air-conditioning compressor maintenance and/or for any other services which may be the subject of a maintenance contract, which the Association determines is for the benefit of the unit owners to consider, then, upon resolution of the members of the Association, by a majority of the votes of those members voting at a special meeting of the members of the Association at which a quorum is present, or by a majority of the total votes of the members of the Association, in writing, the Association may enter into such contractual undertakings. The expenses of such contractual undertakings of the Association shall be a common expense. If, on the other hand, the members of the Association determine that the program may be undertaken by the Association for the benefit of only those unit owners who elect to be included in the program, then the Association may undertake the program without consent of the members of the Association being required as aforesaid, and the costs of such contractual undertakings shall be borne exclusively by the unit owners electing to be included in the program, and shall not be a common expense of the Association; but the Association may arrange for the collection of the contract costs from the individual unit owners electing to be included therein, may execute the contractual undertaking involved upon such terms and conditions As the Association deems proper and require from the unit owners electing to be included, such written undertakings, as the Association shall deem proper, to evidence the said unit owners’ obligations to the Association for their proportionate share of the costs of such program.

XXIII. Management Agreements.

23.1 The Board of Directors of the Association may enter into a contract with any entity, person or corporation in contracting for the management, maintenance and repair of the Condominium Property. However, the Association shall, at all tines, retain the powers and duties to be exercised by or under the authority of the Board of Directors.

23.2 The Association and each unit owner, and their respective heirs, successors and assigns, shall be bound by any such management agreement to the same extent as if he or she or it had executed any such management agreement and shall be deemed to have:

a. Consented to the execution of any such management agreement by the Association; and

b. Covenanted and promised to perform each and every one of the covenants, promises and undertakings to be performed by unit owners and the Association as provided in any such management agreement; and

c. Ratified, confirmed and approved each and every provision of any such management agreement and acknowledged that all of the terms and provisions contained therein are fair and reasonable; and

d. Agreed that the persons acting as Directors and Officers of the Association entering into any such management agreement have not breached any of their duties or obligations to the Association.

XXIV. Termination of Condominium.

The Condominium may be terminated in the following manner:

24.1 Destruction - If it is determined in the manner provided in Article XIX that the Condominium Property shall not be reconstructed, the Condominium will be terminated.

24.2 Agreement - As provided in Section 718.117 of the Act, the Condominium may be terminated at any time by the approval in writing of all unit owners and all record owners of mortgages encumbering Units.

24.3 If the proposed termination is submitted to a special meeting of the members of the Association and if the approval of the members holding not less than 75% of the total votes of the Association and their mortgagees is obtained, in writing, not later than sixty (60) days from the date of such special meeting, then the approving unit owners (through the Association) shall have an option to buy all of the units of the disapproving unit owners for the period of 120 days from the date of such special meeting. The vote of those unit owners approving the termination shall be irrevocable until the expiration of the option. Any unit owner voting against the termination, or not voting, may within f if teen (15) days from the date the vote was taken, change or cast his vote in favor of termination by delivering written notification thereof to the Secretary of the Association. The option shall be exercised upon the following terms:

a. Exercise of Option - The option shall be exercised by delivery, or the mailing by registered mail, of an agreement to purchase, signed by the President or Vice President of the Association, to each of the unit owners. The agreement shall be conditioned upon the purchase of all Units owned by unit owners not approving the termination.

b. Price - The sales price for each Unit shall be the fair market value as determined between the Seller and the Association within thirty (30) days from the delivery of said Agreement. In the absence of agreement on the sales price of any Unit, the sales price shall be determined by an appraiser appointed by the Chairman of the Miami-Dade County Board of Realtors (of its equivalent). A judgment of specific performance of the sale, at the sales price determined by the appraiser, may be entered in any court of competent jurisdiction.

c. Payment - The purchase price shall be paid in cash.

d. Form - The contract shall be in the form of the Standard Deposit Receipt and Contract for Sale and Purchase then in use in Miami-Dade County, Florida.

e. The sale of all Units shall be closed simultaneously and within thirty (30) days following the determination of the sales price of the last Unit to be purchased.

24.4 Certificate - The termination of the Condominium in either of the foregoing manners shall be evidenced by a certificate of the Association, executed by its President (or Vice-President) and Secretary, certifying the fact of the termination, which shall become effective upon the certificate being recorded in the Public Records of Miami-Dade County, Florida.

24.5 Shares of Owners After Termination - After termination of the Condominium, the unit owners shall own the Condominium Property and all assets of the Association applicable to this Condominium as tenants in common of undivided shares that shall be equal to the sum of the undivided shares in the common elements appurtenant to the Units prior to termination, so that the sum total of the ownership shall equal 100%.

24.6 Amendment - This Article XXIV concerning termination cannot be amended without the written consent of all unit owners, all record owners of mortgages encumbering the Units and the Developer (so long as it owns at least one Unit in the Condominium).

XXV. Assignability of Rights of Developer.

The rights and privileges reserved in this Declaration of Condominium and in the Exhibits attached hereto in favor of the Developer are freely assignable, in whole or in part and without any consideration being paid to the Association or to any of the other unit owners in this Condominium, by the Developer or by any party who may be hereafter designated by the Developer to have and exercise such rights, and such rights may be exercised by the nominee, assignee or designee of the Developer and/or may be exercised by the successor or successors-in-interest of the Developer and/or by the successor or successors-in-interest of the nominees, assignees or designees of the Developer and/or by grantees from the Developer (including mortgagees accepting deeds from the Developer in lieu of foreclosure) and/or by successors in title to the Developer through mortgage foreclosure.

XXVI. Execution of Documents Required by the City of Miami Beach and/or the County of Dade and/or the State of Florida and/or the United States Government.

The Developer’s plan for the development of this Condominium may require, from time to time, the execution of certain documents required by the City of Miami Beach and/or the County of Dade and/or the State of Florida and/or the United States Government including, but not limited to, easements and restrictive covenants affecting the Condominium Property. To the extent that said documents require the joinder of any or all of the unit owners in this Condominium, each of said unit owners does hereby irrevocably give and grant to the Developer, or any of its officers, individually, full power-of-attorney to execute said documents as such unit owner’s agent and in his place and stead. The Association and each unit owner in this Condominium, by acceptance of the deed of conveyance transferring title to his Unit, shall be deemed to have assumed each and every one of the obligations of the Developer affecting the maintenance of the Condominium Property, if any, arising by virtue of the execution of documents required by the City of Miami Beach and/or the County of Dade and/or the State of Florida and/or the United States Government.

XXVII. Developer’s Right to Amend Declaration of Condominium.

Developer shall have the right to amend the Declaration of Condominium, with the approval of not, less than 51% of the voting interests in the Condominium, to:

27.1 Make alterations, additions or improvements in, to and upon Units owned by the Developer, whether structural or nonstructural, interior or exterior, ordinary or extraordinary.

27.2 Change the layout or number of rooms in any Developer-owned Units.

27.3 Change the number of Developer-owned Units by subdividing one or more Developer-owned units into two or more separate Units, combining separate Developer-owned Units (including those resulting from such subdivision or otherwise) into one or more Units, or otherwise.

27.4 Reapportion among Developer-owned Units affected by such change in number pursuant to the preceding clause, their appurtenant interests in the common elements, their appurtenant shares of ownership of the common surplus and their appurtenant shares of the common expenses; provided, however, that the percentage interest in the common elements allocated to each Unit (other than Developer-owned units) shall not be changed by reason thereof unless the owners of such Units, and all record owners of mortgages or other liens thereon, shall consent thereto and, provided further, that the Developer shall comply with all laws, ordinances and regulations of all governmental authorities having jurisdiction.

The provisions of this Article may not be added to, amended or deleted without the prior written consent of the Developer, so long as the Developer owns at least one (1) Unit in the Condominium.

XXVIII. Pets. No pets or shall be kept or harbored on the Condominium Property or within the confines of a Unit. Residents that have a pet residing in the unit prior to the adoption of this amendment must register the pet with the Condominium Association within thirty (30) days of the adoption of the amendment. These pets that are grandfathered-in (registered pets) may not weigh in excess of twenty (20) pounds at maturity. Pets must be hand carried at all times when not within the Unit of the pet's owner, may not be maintained or harbored within a Unit that would create a nuisance to any other unit owner or lessee, and may not constitute an "exotic pet". A determination by the Board of Directors that a pet or animal maintained or harbored within a Unit creates a nuisance or is exotic shall be binding and conclusive on all parties.

XXIX. Condominium Working Capital Fund. At the time the Developer closes upon the sale of a Unit to a purchaser (purchaser thereby becoming a unit owner in the Condominium), the purchaser shall deposit with the Association an amount equal to two (2) monthly installments of the common expenses assessed to the purchaser’s Unit. This sum shall be deposited into a working capital account (“Condominium Working Capital Fund”) for the purpose of having funds available for initial and non-recurring items, capital expenses, permit fees, licenses, utility deposits and advance premiums for insurance policies and coverages pursuant to this Declaration and the Exhibits attached hereto. The Condominium Working Capital Fund may be commingled by the Association with any of its other funds. In no event shall the Developer receive reimbursement, from the Condominium Working Capital Fund, for those expenses which it is obligated to pay pursuant to the provisions of Article XIV hereinabove and Section 718.116(8)(a) of the Act. The Condominium Working Capital Fund may he commingled by the Association with any of its other funds.

XXX. Conveyances, Sales Transfers and Leases.

In order to insure a community of congenial residents and occupants and protect the value of the Units and to further the continuous, harmonious development of the Condominium community, the sale and transfer of Units, by any unit owner, other than the Developer, shall be subject to the following provisions:

30.1(a) Prior to the sale, conveyance or transfer of any Unit to any other person, the unit owner shall notify the Board of Directors of the Association, in writing, of the name and address of the person to whom the proposed sale, conveyance or transfer is to be made and furnish such other information as may be required by the Board of Directors of the Association. Within fifteen (15) days from receipt of said notification, the Board of Directors of the Association shall either approve or disapprove the proposed sale, transfer or conveyance, in writing, and shall notify the unit owner of its decision in the event the Board of Directors shall fall to approve or disapprove the proposed sale, transfer or conveyance within said fifteen (15) days, the failure to act as aforesaid shall be considered approval of the sale.

In the event the Board of Directors disapproves the proposed sale, conveyance or transfer and if the unit owner still desires to consummate such sale, conveyance or transfer, the unit owner shall, 30 days before such sale, conveyance or transfer, give written notice to the Secretary of the Association of unit owner’s intention to sell, convey or transfer on a certain date, together with the price and other terms thereof, and the Secretary shall promptly notify the members of the Association of the date, price and terms. Any unit owner shall have the first right over the prospective purchaser to purchase the Unit at the price and on the terms contained in the notice, provided the unit owner so notifies the Secretary of the Association in writing of the acceptance at least 15 days before the date of the intended sale or transfer, and deposits with the Secretary of the Association 10% of the purchase price as a good faith deposit, which information and notice of deposit the Secretary of the Association shall promptly forward to the unit owner. In the event no unit owners exercise this first right to purchase as aforedescribed, then the Association must either approve the transaction or furnish a purchaser approved by the Association who will purchase the Unit upon the price and upon the terms contained in the notice to the Association, provided the Association, at least 10 days before the date of the intended sale or transfer, notifies the unit owner that a purchaser has been furnished and that said purchaser has deposited 10% of the purchase price with the Association as a good faith deposit for the intended sale. In the event the unit owner giving notice receives acceptance from more than one unit owners, it shall be discretionary with the unit owner giving notice to consummate the sale or transfer with whichever of the accepting members the unit owner giving notice chooses.

In the event the unit owner giving notice receives no written notice from any unit owner accepting the price and terms of the proposed sale or transfer on or before 10 days before the date given in the notice as the date of sale or transfer, then that unit owner may complete the sale or transfer on the day and at the price and terms given in the notice, but on no other day and at no other price or terms, without repeating the procedure outlined above. In the event the unit owner makes a sale or transfer without first complying with the terms hereof, any other unit owner shall have the right to redeem from the purchaser, according to the provisions hereof. The unit owner’s redemption rights shall be exercised by the unit owner reimbursing the purchaser for the monies expended and immediately after such reimbursement, said purchaser or transferee shall convey all of purchaser’s or transferee’s right, title and interest to the unit owner or unit owners making the redemption.

An affidavit of the Secretary of the Association stating that the Board of Directors has approved in all respects, on a certain date, the sale or transfer of a Unit to certain persons, shall be conclusive evidence of such, fact.

An affidavit of the Secretary of the Association stating that the Board of Directors was given proper notice on a certain date of a proposed sale or transfer and that the Board of Directors disapproved or failed to act on such proposed sale or transfer, and that thereafter all the provisions hereof which constitute conditions precedent to a sale or transfer of a Unit have been complied with, so that the sale or transfer of a particular Unit to particularly named persons does not violate the provisions hereof, shall be conclusive evidence of such facts for the purpose of determining the status of the persons to whom such Unit is sold or transferred. Such affidavit shall not be evidence of the fact that the subsequent sale or transfer to such persons was made at the price, terms and date in the notice given to the Secretary of the Association, but 120 days after the date of the notice to the Board of Directors, as stated in the affidavit, the redemption rights herein afforded the members of the Association shall terminate.

30.1(b) Notwithstanding any of the foregoing, Association approval of a sale or conveyance may be withheld if a majority of the whole Board so votes or by the unanimous vote of the members of the screening committee. Only the following factors may be deemed to constitute good cause for disapproval wherein the Association or a substitute purchaser would not be required to be designated to purchase the unit:

(i) The person seeking approval has been convicted of a felony involving violence to persons or property, or a felony demonstrating dishonesty or moral turpitude;

(ii) The person seeking approval has a record of financial irresponsibility, including without limitation prior bankruptcies, foreclosures or bad debts;

(iii) The application for approval on its face indicates that the person seeking approval intends to conduct himself in a manner inconsistent with the covenants and restrictions applicable to the condominium. By way of example, but not limitation, an owner allowing a tenant to take possession of the premises prior to approval by the Association as provided for herein shall constitute a presumption that the applicant's conduct is inconsistent with applicable restrictions;

(iv) The person seeking approval has a history of disruptive behavior or disregard for the rights and property of others as evidenced by is conduct in other social organizations or associations, or by his conduct in this condominium as a tenant, unit owner or occupant of a unit;

(v) The person seeking approval failed to provide the information, fees or appearance required to process the application in a timely manner;

(vi) The unit owner requesting the transfer has had fines assessed against him or her which have not been paid; or

(vii) All assessments and other charges against the unit have not been paid in full.

30.2 The Association shall have the right to refuse to give written approval to any sale or transfer until all assessments owed with respect to the particular unit are paid, in full.

30.3 If the purchaser is a corporation, the approval may be conditioned upon the approval by the Association of all occupants of the Unit.

30.4 In the case of the death of the owner of a Unit, the surviving spouse, if any, and if no surviving spouse, the other members of such unit owner’s family residing with the unit owner at the time of unit owner’s death, may continue to use the said Unit; and if such surviving spouse or other member or members of the deceased unit owner’s family shall have succeeded to the ownership of the Unit, the ownership thereof shall be transferred by legal process to such new owner. In the event said decedent shall have conveyed or bequeathed the ownership of the decedent’s Unit to some designated person at persons other than the surviving spouse or members of the decedent’s family, as aforedescribed, or if some other person is designated by such the decedent’s legal representative to receive the ownership of the Unit, or if under the laws of descent and distribution of the State of Florida, the Unit descends to some person or persons other than the unit owner’s surviving spouse or members of the decedent’s family as aforedescribed, the Board of Directors of the Association shall, within thirty (30) days of proper evidence of rightful designation served upon the President of the Association, or within thirty (30) days from the date the Association is placed on actual notice of the said devisee or descendant, express its refusal or acceptance of the individual or individuals so designated as owners of the Unit. If the Board of Directors of the Association shall consent, ownership of a Unit may be transferred to the person or persons so designated, who shall thereupon become the owner of the Unit, subject to the provisions of this Declaration and the By-Laws of the Association. If, however, the Board of Directors of the Association shall refuse to consent, then the unit owners shall be given an opportunity, during the 30 days next after said last above-mentioned 30 days, to purchase or to furnish a purchaser, for cash, for the said Unit, the purchase price to be determined by an appraiser appointed by a senior judge of the Circuit Court in and for Miami-Dade County, Florida, upon 10 days’ notice, on petition of any party in interest. The expense of appraisal shall be paid by the said designated person or persons or the legal representative of the deceased unit owner out of the amount realized from the sale of said Unit. In the event the unit owners do not exercise the privilege of purchasing or furnishing a purchaser of said Unit within such period, and upon such terms, the person or persons so designated may take title to the Unit, or such person or persons or the legal representative of the deceased unit owner may sell the said Unit; but such sale shall be subject in all other respects to the provisions of this Declaration and the By-Laws of the Association.

30.5 Any sale not authorized pursuant to the terms of this Declaration shall be void unless subsequently approved by the Association.

30.6 There shall be deposited and delivered to the Association, a reasonable screening fee not to exceed $100.00 (or the highest amount allowable by law), simultaneously with the giving of notice of intention to sell for the purpose of defraying the Association's expenses. It is understood that no fee shall be charged in connection with a transfer or approval in excess of the expenditures reasonably required.

30.7 The foregoing provisions of this Article XXX shall not be applicable to transfers of Units by a unit owner to any member of the unit owner’s immediate family (i.e., spouse, children or parents); or if a unit is owned by a form of co-tenancy, to transfers of Units from one co-tenant to the other co-tenant. The foregoing provisions of this Article XXX shall also not be applicable to transfers of Units from a trustee to its beneficiary or from a beneficiary to his trustee.

30.8 No judicial sale of a Unit or any interest therein shall be valid unless:

1. The sale is to a purchaser approved by the Association, which approval shall be in recordable form; or

2. The sale is the result of a public sale with open bidding.

30.9 The Board of Directors of the Association shall have the right to withhold consent and approval of any prospective sale, transfer, conveyance, bequest, devise or otherwise in the event the prospective unit owner, by being such a unit owner would automatically violate or breach a term, condition, restriction, rule or regulation or covenant under this Declaration or the Exhibits thereto.

30.10 The Association and its Board of Directors agents or employees, shall not be liable to any person whomsoever for the approving or disapproving of any person pursuant to this Article XXX, or for the method or manner of conducting the investigation. The Association and its Board of Directors, agents or employees shall never be required to specify any reason for approval or disapproval.

30.11 The foregoing provisions of this Article XXX shall not be applicable to transfers or purchases by an Institutional Mortgagee (and/or its assignee or nominee) that acquires its title as a result of owning a mortgage upon the Unit concerned, and this shall be so whether the title is acquired by deed from the mortgagor, mortgagor’s successors or assigns, or through foreclosure proceedings; nor shall such provisions apply to a transfer or sale by an Institutional Mortgagee (and/or its assignee or nominee) that so acquires its title.

30.12 Leases:

(1) Only entire units may be rented. There shall be no subdivision or subletting of units. Units may only be occupied by tenants as a single family residence.

(2) All leases shall be for a minimum period of six (6) consecutive months. If a lease is terminated prior to the six (6) month minimum term, the owner shall not be allowed to rent the unit until such time as the six (6) month period has expired.

(3) The Board of Administrators shall have the authority to approve all leases and renewals thereof, which authority may be delegated to a committee or managing agent. The Board shall have the authority to promulgate or use a uniform lease application and require such other information from the proposed tenant as is appropriate under the circumstance. The Board shall have the right to delegate the screening of proposed tenants to a committee, a managing agent, or a commercial tenant screening concern. The Association may charge a fee for consideration of lease applications which shall not exceed the maximum fee prescribed by law.

(4) All leases shall be on a uniform form of lease if so promulgated by the Association. Uniform leases and all other leases will provide or be deemed to provide that the tenants have read and agreed to be bound by the various restrictions contained in the Declaration of Condominium, Articles of Incorporation, By-Laws of the Association, and Rules and Regulations (hereinafter "documentary regulations"). The uniform lease an other leases shall further provide or be deemed to provide that any violation of the applicable documentary regulations shall constitute a material breach of the lease and subject the tenant to eviction. If a tenant fails to abide by the applicable documentary regulations, the unit owners shall be responsible for the conduct of the tenant and shall be subject to all remedies set forth in the condominium documents, without waiver of any remedy available as to the tenant. The unit owner shall have the duty to bring his tenants' conduct into compliance with the documentary regulations by whatever action is necessary, including without limitation the institution of eviction proceedings. If the unit owner fails to bring the conduct of the tenant into compliance with the documentary regulations, the Association shall have the authority to act as agent of the owner to undertake whatever action is necessary to abate the tenants' noncompliance with the documentary regulations, including without limitation the right to institute an action for eviction against the tenant in the name of the Association. The Association shall have the right to recover any costs or fees, including attorney's fees, incurred in connection with such actions from the unit owner in the same manner as common expenses charges.

(5) Upon receipt of all information and fees required by Association, the Association shall have the duty to approve or disapprove all proposed leases within thirty (30) days of receipt of such information for approval. All requests for approval not acted upon within thirty (30) days shall be deemed approved. Applications for renewals of lease agreements shall be submitted at least thirty (30) days in advance of the expiration of the lease agreement. If the Association disapproves a proposed lease or renewal, the unit owner shall receive a short statement indicating the reason for the disapproval, and the lease shall not be made or renewed. The Association shall neither have a duty to provide an alternate lessee nor shall it assume any responsibility for the denial of a lease application if any denial is based upon any of the following factors:

(a) The person seeking approval (which shall include all proposed occupants) has been convicted of a felony involving violence to persons or property; or a felony demonstrating dishonesty or moral turpitude;

(b) The application for approval on its face, or the conduct of the applicant, indicates that the person seeking approval intends to conduct himself in a manner inconsistent with the covenants and restrictions applicable to the condominium. By way of example, but not limitation, an owner allowing a tenant to take possession of the premises prior to approval by the Association as provided for herein shall constitute a presumption that the applicant's conduct is inconsistent with applicable restrictions;

(c) The person seeking approval has a history of disruptive behavior or disregard for the rights and property of others as evidenced by his conduct in other social organizations or associations, or by his conduct in this condominium as a tenant, unit owner or occupant of a unit;

(d) The person seeking approval has failed to provide the information, fees or appearance required to process the application in a timely manner;

(e) All assessments, fines an other charges against the unit have not been paid in full.

(6) Unit owners hereto specifically acknowledge and agree that the Association is empowered to act as agent of owner/lessor with full power and authority to take such action as may be required to compel compliance by the lessee and/or the lessee's family or guests with the provisions of the condominium documents and rules, including the power to take legal action to evict the tenant. Any breach of the Association documents or rules by lessee, lessee's family or guests, shall give the Association the authority to take immediate steps to terminate the lease agreement. If this occurs, Association shall notify the owner/lessor that he is to ensure his lessees vacate the unit within fourteen (14) days after receipt of written notification; thereafter the Association may commence an eviction if tenants have not vacated the unit.

(7) The Association has the right to require, as a condition to permitting the leasing of a unit, the depositing with the Association of a security deposit up to the highest amount allowable by law which may be placed by the Association in a co‑mingled account without interest. Upon termination of occupancy of the Unit by the lessee, the Association may deduct from the security deposit an amount equal to any actual or anticipated expenses occasioned by the wrongful act of the lessee or his invitees, including but not limited to damage to the Common Elements and Limited Common Elements. Any amounts remaining from the security deposit after such amounts are deducted shall be returned to the lessee by the Association not later than fifteen (15) days from the date of notice to the Association of the termination of occupancy of the Unit by lessee.



XXXI. Developer’s Right to Install, Provide and Maintain Pay Television Facilities.

31.1 The Association and each unit owner does hereby give and grant to the Developer and the Developer hereby reserves to itself, the exclusive right and privilege (but not the obligation) to install, provide, repair, replace and maintain (and solicit customers for) any or all present or future systems and equipment which are or may be developed for the purpose of transmitting a pay television picture into the Units which desire such services, and into the recreation facilities. All wires, cables and equipment comprising such cable television system shall be and remain the property of the Developer, its successors and/or assigns. Developer may, in its sole discretion, remove and/or relocate the wires, cables and equipment comprising such cable television system. The Association and each unit owner does hereby further give and grant to the Developer, and the Developer does hereby reserve unto itself such perpetual easements over, under, through and across the Condominium Property as may be necessary, from time to time, to install, repair replace and maintain such pay television facilities. The Developer shall further have the right, in its sole discretion, to utilize such pay television facilities for transmission to users other than the unit owners and lessees within this Condominium. Developer further reserves the right to assign (in whole or in part), lease, transfer and/or convey the exclusive rights, privileges and easements herein reserved. Further, the Association recognizes that the Developer, in order to provide such pay television facilities, may be obligated to enter into agreements (including lease agreements) with the appropriate governmental authorities having jurisdiction, upon such terms and conditions as the Developer may determine in its sole and absolute discretion. To the extent necessary, the Association hereby agrees that, at the request of the Developer and with no compensation being due and payable to either the Association or to any of the unit owners in this Condominium, it will execute all such required consents, documents and agreements. Further, the Association hereby irrevocably gives and grants to the Developer a full power of attorney, coupled with an interest, to execute all such consents, documents and agreements, on behalf of the Association, upon such terms and conditions as the Developer may determine in its sole and absolute discretion.

31.2 Nothing herein contained shall be deemed to deny any unit owner, or any lessee of a unit owner, access to any available franchise or licensed cable television service, nor shall such unit owner or lessee be required to pay anything of value in order to obtain or provide such service except those charges normally paid for like services by residents of, or providers of such services to, single family or multi-family residences within the same franchised or licensed area and except for installation charges, as such installation charges may be agreed to between such resident and the provider of such services. The provisions contained within this Article XXXI may not be amended, modified, or deleted, in whole or in part, without the consent of the Developer.

XXXII. Reservation of Roof Rights.

32.1 In connection with the creation of this Condominium, the Developer shall and does hereby reserve unto itself, an easement in and to the air space arising above the level of the roof of the structure constructed upon the Condominium Property and in and to the surface of the roof of the structure constructed upon the Condominium Property having the exterior dimensions of the perimeter walls of the building and extending vertically into infinity. The Association and each unit owner does hereby further give and grant to the Developer, and the Developer does hereby reserve unto itself, such easements on, over, under, through and across the Condominium Property as may be necessary for the installation, repair, replacement and maintenance of all improvements and installations placed and constructed by the Developer upon the roof of the Condominium and all areas appurtenant thereto. The Developer, its successors and assigns also have an easement of subjacent lateral support and all other support in every portion of the Condominium Property which contributes to the support of any improvements constructed on or above the roof of the Condominium Property.

32.2 (Paragraph omitted by amendment)

32.3 The rights and privileges reserved by the Developer, in this Article XXXII, may be assigned (in whole or in part), leased, transferred and/or conveyed by the Developer. The provisions contained in this Article XXXII may not be amended, modified or deleted, in whole or in part, without the written consent of the Developer.

XXXIII. Cabana Area.

33.1 The Developer reserves the right, in its sole discretion, to construct and equip a cabana area adjacent to the swimming pool shown on the Plot Plan, Survey and Graphic Description attached hereto as Exhibit “B”. The foregoing shall not be construed as imposing or creating any obligation, on the part of the Developer, to construct and equip any such cabana area upon the Condominium Property. However, if the Developer does construct and equip any such cabana area upon the Condominium Property, then the type and quality of the cabana area and the appurtenances to be contained therein shall be in the sole and absolute discretion of the Developer.

33.2 In the event a cabana area is constructed and equipped as part and parcel of this Condominium, then the Developer shall have the right and authority to assign any individual cabanas constructed within the cabana area to such persons or entities as the Developer may deem appropriate, upon such terms as the Developer may deem appropriate. In the event a particular cabana is assigned to a unit owner within this Condominium, then such cabana shall be deemed to be a limited common element appurtenant to such unit owner’s Unit and shall pass as an appurtenance thereto.

33.3 The Association and each unit owner shall be deemed to have granted the Developer a perpetual easement over, under, across and through such portions of the Condominium Property as may be necessary, from time to time, to permit the Developer to construct, equip, maintain, repair and replace any such cabana area arid the appurtenances to be contained therein. Further, the Association recognizes that the Developer, in order to obtain permits to construct, equip, maintain, repair and replace any such cabana area and the appurtenances to be contained therein, may be obligated to enter into agreements (including lease agreements) with the appropriate governmental authorities having jurisdiction, upon such terms and conditions as the Developer may determine in its sole and absolute discretion. To the extent necessary, the Association hereby agrees that, upon the request of the Developer and with no compensation being due and payable to either the Association or to any of the other unit owners in this Condominium, it will execute all such required consents, documents and agreements. Further, the Association hereby irrevocably gives and grants to the Developer a full power of attorney, coupled with an interest, to execute all such consents, documents and agreements, on behalf of the Association, upon such terms and conditions as the Developer may determine in its sole and absolute discretion,

33.4 The Developer shall have the right and authority, in its sole and absolute discretion, to assign and transfer to the Association, for no consideration, all unassigned cabanas if same are constructed and equipped by the Developer. The Association shall be obligated to accept such transfer and assignment. In addition, the Developer shall have the right and authority, in its sole and absolute discretion, to assign to the Association (in whole or in part), which shall accept such assignment, all of the rights, duties and obligations of the Developer under any such agreement affecting the cabana area which may now or may hereafter be entered into by and between the Developer and any governmental authority having jurisdiction over the cabana area. In the event of such assignment to the Association, the Association shall be deemed to have agreed to perform each and every one of the obligations of the Developer under such agreement(s) which may have been assigned to the Association.

33.5 The provisions contained within this Article XXXIII may not be amended, modified or deleted, in whole or in part, without the consent of the Developer.

XXXIV. Remedies.

34.1 Relief - Each unit owner and the Association shall be governed by and shall comply with the provisions of this Declaration as they may exist from time to time. A violation thereof shall entitle the appropriate party to institute an action to recover sums due for damages, injunctive relief, foreclosure of lien or any combination thereof, or any other action available pursuant to the Act or law. Suit may be brought by the Association or, if appropriate, by one or more unit owners and the prevailing party shall be entitled to recover reasonable attorneys’ fees. Each unit acknowledges that the failure to comply with any of the provisions of this Declaration shall or may constitute an injury to the Association or to other unit owners and that such injury may be irreparable.

34.2 No Waiver - The failure of the Association, the Developer or unit owners to enforce any right, provision, covenant or condition created or granted by this Declaration, the Act, the Articles of incorporation, the By-Laws and/or any rules and regulations adopted with respect to any portion of the Condominium Property, shall not constitute a waiver of the right of said party to enforce such right, provision, covenant or condition in the future.

34.3 Rights Cumulative - All rights, remedies and privileges granted to the Association, the Developer and unit owners pursuant to the provisions of this Declaration shall be deemed to be cumulative and the exercise of any one or more shall not be deemed to constitute an election of remedies, nor shall it preclude the party thus exercising the same from exercising such other and additional rights, remedies or privileges as may be available to such party at law or in equity. Each unit owner agrees in any proceeding brought pursuant to the provisions hereof not to plead or defend the same on the theory of “election of remedies”.

34.4 Venue; Waiver of Trial by Jury – Every unit owner and all persons claiming any interest in a Unit do hereby agree that in any suit or proceeding brought Pursuant to the provisions of this Declaration and/or pursuant to the provisions of the Act, such suit shall be brought in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami-Dade County, Florida, or in the United States District Court, Southern District of Florida, as the same is now constituted or in any court in the future that may be the successor to the courts contemplated herein. All such parties, except the Developer, do hereby waive the right to trial by jury and consent to a trial by the court without a jury.

34.5 Appointment of Agent - Should suit be instituted, each unit owner does hereby irrevocably appoint the Secretary of State of the State of Florida as unit owner’s agent for the acceptance of service of process should, at the time of such service of process, any such person not be residing in the County of Dade, State of Florida. The. provisions hereof shall not be applicable to the Developer.

XXXV. Additional Provisions.

35.1 Should any dispute or litigation arise between any of the parties whose rights and/or duties are affected or determined by this Declaration or any of the Exhibits attached hereto, said dispute or litigation shall be determined pursuant to the laws of the State of Florida.

35.2 In the event that any of the terms, provisions or covenants of this Declaration or any of the Exhibits attached hereto are held to be partially or wholly invalid or unenforceable for any “reason whatsoever, such holdings will not affect, alter, modify, or impair in any manner whatsoever any of the other terms, provisions or covenants hereof or the remaining portions of any terms, provisions or covenants held to be partially invalid or unenforceable herein.

35.3 Except as may be provided in Article XXVII herein, unless all Institutional Mortgagees have given their prior written approval, the Association shall not be entitled to: (1) change the pro rata interest or obligations of any Unit for purposes of levying assessments and charges and determining shares of common elements and common surplus of the Condominium; (2) partition or subdivide any Unit or the common elements of the Condominium; or (3) by act or omission seek to abandon the Condominium regime, except as may be provided by statute in case of substantial loss to the Units and to the common elements of the Condominium.

35.4 Notwithstanding anything to the contrary herein, nothing shall prevent the combining of Units in the Condominium, by appropriate amendment to the Declaration, but said combined Units shall retain their original appurtenant shares of the common elements, common expenses and common surplus and voting rights in the Association.

35.5 Whenever the context so permits, the use of the plural shall include the singular, and any gender shall be deemed to include all genders.

35.6 Captions used in these documents are inserted solely as a matter of convenience and shall not be relied upon or used in construing the effect or meaning of any of the text of the documents.

35.7 Upon written request, Institutional Mortgagees shall have the right to examine the books and records of the Association. In addition, upon written request, Institutional Mortgagees shall be entitled to receive written notification from the Association of:

a. Any condemnation loss or any casualty loss which affects a material portion of the Condominium Property or any Unit encumbered by an Institutional Mortgage;

b. Any delinquency in the payment of assessments or charges owed by an owner of a Unit encumbered by an Institutional Mortgage, which remains uncured for a period of 60 days;

c. Any lapse, cancellation or material modifications of any insurance policy or fidelity bond maintained by the Association.

35.8 Institutional Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any portion of the common elements and Institutional Mortgagees may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for the common elements and Institutional Mortgagee(s) making such payment shall be entitled to receive immediate reimbursement therefor from the Association, and to the extent of the monies so advanced, said Institutional Mortgagee(s) shall be subrogated to the assessment and lien rights of the Association against the individual Units for the payment of such item of common expense.

35.9 No provision of this Declaration shall be deemed to give any unit owner, or any other party, priority over any rights of any Institutional Mortgagee under its mortgage in the care of a distribution to such unit owner of insurance proceeds or condemnation awards for losses to or a taking of any portion of the common elements or common property.

35.10 All taxes, assessments and charges which may become liens prior to the liens of Institutional Mortgagees under local law shall relate only to the individual Units and not to the Condominium Property as a whole.

35.11 Neither the Association nor the unit owners shall interfere with the sale of Units by the Developer. As long as the Developer owns at least one (1) Unit in the Condominium, the Developer (or its duly authorized agents or assigns) may make such use of the unsold Unit(s) and the common elements (including the portions of the common elements designated as offices on the Plot Plan, Survey and Graphic Description attached hereto as Exhibit “B”) as may facilitate: (i) the Developer’s administrative activities (which administrative activities may include, but shall not be limited to, administration of the Association, bookkeeping, post closing repair work and Developer sales, leasing and closing functions); (ii) sales (with respect to units within this Condominium and/or with respect to the sale and/or lease of units in other developments owned by entities affiliated with the Developer); and (iii) resale and leasing activities (with respect to units within this Condominium and/or with respect to the sale and/or lease of units within other condominiums whether or not such units are owned by the Developer or by entities affiliated with the Developer or by entities not affiliated with the Developer) including, but not limited to, the maintenance of administrative offices and the maintenance of sales and/or leasing offices, for the showing of the Unit(s) and for the display of signs, billboards, placards and visual promotional materials. The Developer may use any or all Units owned by the Developer as model units. Any administrative offices and/or sales and leasing offices and/or model units and all personal property, furnishings and signs contained therein and/or appurtenant thereto shall not be considered common elements, but shall remain the property of the Developer.

IN WITNESS WHEREOF, the Developer has caused this Declaration of Condominium to be executed this 30 day of March, 1993.

Signed, Sealed and Delivered LA GORCE PALACE, INC.,
In the Presence of: a Florida corporation


By:
HOWARD SHAPIRO,
Print Name: Vice-President

Address: 11098 Biscayne Boulevard
Suite 402
Print Name: Miami, Florida 33161

STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )

The foregoing instrument was acknowledge before me this 30 day of March, 1993, by HOWARD SHAPIRO, as Vice President of LA GORCE PALACE, INC., a Florida corporation, on behalf of the corporation, who is personally known to me and did take an oath.

My Commission Expires:
Notary Public, State of Florida
Print Name:










ARTICLES OF INCORPORATION
OF
LA GORCE PALACE CONDOMINIUM ASSOCIATION, INC.

We, the undersigned, for the purpose of forming a not-for-profit corporation in accordance with the laws of the State of Florida, acknowledge and file these Articles of Incorporation in the office of the Secretary of the State of Florida.

I.
NAME

The name of this corporation shall be LA GORCE PALACE CONDOMINIUM ASSOCIATION, INC. For convenience, the corporation shall herein be referred to as the “Association”.

II.
PURPOSES AND POWERS

The Association shall have the following powers:

A. To manage, operate and administer LA GORCE PALACE, a Condominium (referred to herein as the “Condominium”), and to undertake the performance of, and to carry out the acts and duties incident to, the administration of the Condominium in accordance with the terms, provisions, conditions and authorizations contained in these Articles, the Association’s By-Laws and the Declaration of Condominium recorded among the Public Records of Miami-Dade County, Florida.

B. To borrow money and issue evidences of indebtedness in furtherance of any or all of the objects of its business; to secure the same by mortgage, deed of trust, pledge or other lien.

C. To carry out the duties and obligations and receive the benefits given the Association by the Declaration of Condominium.

D. To establish By-Laws and Rules and Regulations for the operation of the Association and to provide for the formal administration of the Association; to enforce the Condominium Act of the State of Florida, the Declaration of Condominium, the By-Laws and the Rules and Regulations of the Association.

E. To contract for the management of the Condominium.

F. To acquire, own, operate, mortgage, lease, sell and trade property, whether real or personal, as may be necessary or convenient in the administration of the Condominium.

G. The Association shall have all of the common law and statutory powers and duties set forth in Chapter 718, Florida Statutes, 1991, as amended (the “Condominium Act”) and the Declaration of Condominium for LA GORCE PALACE, a Condominium and all other powers and duties reasonably necessary to operate the Condominium pursuant to its Declaration of Condominium, as same may be amended from time to time.

III
MEMBERS

A. Each unit owner in the Condominium and the subscribers to these Articles shall automatically be members of the Association. Membership of the subscribers shall terminate upon the entire Board of Directors of the Association being selected by unit owners other than the Developer.

B. Membership, as to all members other than the Subscribers, shall commence upon the acquisition of record title to a unit as evidenced by the recording of a deed of conveyance amongst the Public Records of Miami- Dade County, Florida or, as provided in the Declaration of Condominium, upon transfer of title upon the death of a member and membership shall terminate upon the divestment of title to said unit.

C. On all matters as to which the membership shall be entitled to vote, there shall be only one vote for each unit, which vote shall be exercised in the manner provided by the Declaration of Condominium and the By-Laws.

D. The share of a member in the funds and assets of the Association cannot be assigned, hypothecated or transferred in any manner except as an appurtenance to his unit.

IV.
EXISTENCE

The Association shall have perpetual existence.

V.
SUBSCRIBERS

The names and addresses of the Subscribers to these Articles of Incorporation are as follows:

NAME ADDRESS

HOWARD SHAPIRO 11098 Biscayne Boulevard
Miami, FL 33161

CAMILO BLANCO 11098 Biscayne Boulevard
Miami, FL 33161

RUTH AND MOORE 11098 Biscayne Boulevard
Miami, FL 33161

VI.
DIRECTORS

A. The Condominium and Association affairs shall be managed by a Board of Directors initially composed of three persons, in accordance with Article III of the Association’s By-Laws.

B. The number of Directors to be elected, the manner of their election and their respective terms shall be as set forth in Article III of the Association’s By-Laws. Should a vacancy occur on the Board of Directors, the remaining Directors shall select a member to fill the vacancy until the next annual meeting of the membership.

The following persons shall constitute the initial Board of Directors and they shall hold office for the term and in accordance with the provisions of Article III of the Association’s By-Laws:

NAME ADDRESS

HOWARD SHAPIRO 11098 Biscayne Boulevard
Miami, FL 33161

CAMILO BLANCO 11098 Biscayne Boulevard
Miami, FL 33161

RUTH AND MOORE 11098 Biscayne Boulevard
Miami, FL 33161

VII.
OFFICERS

The affairs of the Association shall be administered by the Officers designated in the By-Laws, who shall serve at the pleasure of said Board of Directors. The names and addresses of the Officers who shall serve until the first election of Officers pursuant to the provisions of the By-Laws are as follows:

NAME TITLE ADDRESS

HOWARD SHAPIRO President 11098 Biscayne Boulevard
Miami, FL 33161

CAMILO BLANCO Vice-President 11098 Biscayne Boulevard
Treasurer and Miami, FL 33161
Assistant Secretary

RUTH AND MOORE Vice President 11098 Biscayne Boulevard
and Secretary Miami, FL 33161

VIII.
BY-LAWS

The By-Laws of the Association shall be adopted by the initial Board of Directors. The By-Laws may be amended in accordance with the provisions thereof, except that no portion of the By-Laws may be altered, amended, or rescinded in such a manner as would prejudice the rights of the Developer of the Condominium or mortgagees holding mortgages encumbering units in the Condominium, without their prior written consent.

IX.
AMENDMENTS TO ARTICLES

Amendments to these Articles shall be proposed and adopted in the following manner:

A. Notice of the subject matter of any proposed amendment shall be included in the notice of the meeting at which the proposed amendment is to be considered.

B. A resolution for the adoption of a proposed amendment may be proposed either by the Board of Directors, acting upon the vote of a majority of the Board of Directors, or by the members of the Association having a majority of the votes in the Association. In order for any amendments or amendments to be effective, same must be approved by an affirmative vote of 66-2/3% of the entire Board of Directors and by an affirmative vote of members having no less than 75% of the total votes in the Association.

C. No amendment shall make any changes in the qualifications for membership nor in the voting rights of members of the Association, without approval in writing by all members and the joinder of all record owners of mortgages encumbering condominium units. No amendment shall be made that is in conflict with the Condominium Act or the Declaration of Condominium.

D. A copy of each amendment adopted shall be filed within ten (10) days of adoption with the Secretary of State, pursuant to the provisions of applicable Florida Statutes.

X.
INDEMNIFICATION

Every Director and every Officer of the Association shall be indemnified by the Association and by each member of the Association against all expenses and liabilities, including counsel fees reasonably incurred by or imposed upon the Director(s) or Officer(s) in connection with any proceeding or any settlement thereof to which the Director(s) or Officer(s) may be a party, or in which the Director(s) or Officer(s) may become involved by reason of the Director(s) or Officers(s) being or having been a Director(s) or Officer(s) of the Association, whether or not a Director(s) or Officer(s) at the time such expenses are incurred, except in such cases wherein the Director(s) or Officer(s) is adjudged guilty of willful misconduct in the performance of such Director’s or Officer’s duty; provided that in the event of a settlement, the indemnification set forth herein shall apply only when the Board of Directors, exclusive of any Director(s) seeking indemnification, approves such settlement and reimbursement as being for the best interest of the Association. The foregoing right of indemnification shall be in addition to and not exclusive of all of the rights to which such Director(s) or Officer(s) may be entitled.

XI.
INITIAL REGISTERED OFFICE, AGENT AND ADDRESS

The principal office of the Association shall be at: 11098 Biscayne Boulevard, Suite 402, Miami, Florida 33161, or at such other place, within or without the State of Florida as may be subsequently designated by the Board of Directors. The initial registered office is at 11077 Biscayne Boulevard, P.O. Box 61-9002, Penthouse Suite, Miami, Florida 33261-9002 and the initial registered agent therein is ALAN B. SCHNEIDER.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of January, 1993.

Signed, Sealed And Delivered
In the Presence of:

________________________________ ________________________________
HOWARD SHAPIRO
________________________________

________________________________ ________________________________
CAMILO BLANCO
________________________________

________________________________ ________________________________
RUTH ANN MOORE
________________________________

(Notarial seals continued on following page)

STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )


The foregoing instrument was acknowledged before me this ___ day of January, 1993, by HOWARD SHAPIRO, CAMILO BLANCO and RUTH ANN MOORE who are personally known to me and did not take an oath.

My Commission Expires: _________________________________
Notary Public, State of Florida


ACCEPTANCE


I hereby accept the designation of Registered Agent as set forth in these Articles of Incorporation.


___________________________________
ALAN B. SCHNEIDER

BY-LAWS
OF
LA GORCE PALACE CONDOMINIUM ASSOCIATION, INC.
A NOT-FOR-PROFIT FLORIDA CORPORATION

I.
IDENTITY

These are the By-Laws of LA GORCE PALACE CONDOMINIUM ASSOCIATION, INC., a not-for-profit Florida Corporation (“Association”).

II.
PURPOSES

This Association has been organized for the purpose of being a condominium association within the meaning of the Condominium Act of the State of Florida (the “Act”), and in turn for the purpose of operating, governing, administering and managing the property and affairs of LA GORCE PALACE, a Condominium (the “Condominium”) and to exercise all powers granted to it as a corporation under the laws of the State of Florida, these By-Laws, the Articles of Incorporation and the Declaration of Condominium to which these By-Laws are attached and, further, to exercise all powers granted to a condominium association under the Act.

III.
DIRECTORS AND OFFICERS

3.1 Directors.

a. The affairs of the Association shall be managed by an Initial Board of Directors (the “Initial Board”’) composed of three (3) persons. The members of the Initial Board are designated in the Articles of Incorporation and need not be members of the Association. They shall serve until fifteen (15%) percent of the units in the Condominium are conveyed to unit owners other than the Developer (the “Purchaser Members”), at which time one (1) member of the Initial Board shall be replaced by a Director elected by the Purchaser Members. The Purchaser Members shall be entitled to elect a majority of the Board of Directors of the Association either three (3) months after ninety (90%) percent of the units in the Condominium have been conveyed to Purchaser Members; three (3) years after fifty (50%) percent of the units in the Condominium have been conveyed to Purchaser Members; when all of the units in the Condominium have been completed, some of them have been conveyed to Purchaser Members and none of the units in the Condominium are being offered for sale by the Developer in the ordinary course of business; when some of the units in the Condominium have been conveyed to Purchaser Members and none of the other units in the Condominium are being offered for sale by the Developer in the ordinary course of business; or seven (7) years after the recordation of the Declaration of Condominium for the Condominium among the Public Records of Miami-Dade County, Florida, whichever shall be the first to occur. The Developer shall be entitled to elect at lease one (1) Director as long as the Developer holds for sale in the ordinary course of business at least five (5%) percent of the units in the Condominium.

b. Following the time the Developer relinquishes control to the Board of Directors of the Association, the Developer may exercise the right to vote any developer owned units in the Condominium, in the same manner as any other unit owner, except for the purposes of reacquiring control of the Board of Directors of the Association or selecting the majority members of the Board of Directors of the Association.

(Note: numbering sequence out of order in original set.)

a. Until such time as the Purchaser Members shall be entitled to elect all of the Directors. The Developer shall have the absolute right, in its sole and absolute discretion and at any time, to remove any Directors selected by the developer and to replace the Director so discharged.

b. The Purchaser Members shall elect a majority of the Board of Directors, pursuant to the provisions hereof, at a special meeting of the Membership to be called by the Board for such purpose (the “Majority Election Meeting”).

c. Subsequent to the Majority Election Meeting, the Directors shall be elected by the members of the Association at each annual meeting of members and the Directors shall hold office until the next annual meeting of members and until their successors are elected and shall qualify.

d. Directors shall be elected at the Majority Election Meeting and at each annual meeting of the members, as follows:

1. The Board of Directors shall be elected by written ballot or voting machine. Proxies shall in no event be used in electing the Board of Directors, either at general elections or at elections to fill vacancies caused by recall, resignation or otherwise. Not less than sixty (6) days before a scheduled election, the Secretary shall mail or deliver, whether by separate Association mailing or included in another Association mailing or delivery including regularly published newsletters, to each member of the Association entitled to vote, a first notice of the date of the election. The Board of Directors shall hold a meeting within five (5) days after the date of the furnishing to the members of the notice of the date of the election to enable candidates to provide notice to the Association of their intent to run. At this meeting, the Board of Directors shall accept additional nominations. Any member or other eligible person may nominate himself or herself or may nominate another member or other eligible person, if such member or other eligible person has permission in writing to nominate such other person. Any member of the Association or other eligible person desiring to be a candidate for the Board of Directors shall give written notice to the Secretary of the Association not less than forty (40) days before a scheduled election. Not less than thirty (30) days before the election meeting, the Association shall then mail or deliver a second notice of the meeting to all members of the Association entitled to vote therein, together with a ballot which shall list all candidates. Upon request of a candidate, the Association shall include an information sheet, no larger than 8-1/2 inches by 11 inches furnished by the candidate, to be included with the mailing of the ballot, with the costs of mailing and copying to be borne by the Association. Elections shall be decided by a plurality of those ballots cast. There shall be no quorum requirement, however, at least twenty percent (20%) of the members must cast a ballot to have a valid election. No member of the Association shall permit any other to vote such member’s ballot, and any such ballots improperly cast shall be deemed invalid. A member who needs assistance in casting the ballot for the reasons stated in Section 101.051, Florida Statutes may obtain assistance in casting the ballot. Any member violating this provision may be fined by the Association in accordance with provisions of Section 718.303, Florida Statutes. The regular election shall occur on the date of the annual meeting of the membership of the Association.

e. Directors shall be members of the Association, except that this provision shall not apply to Directors selected by the Developer.

1. Officers.

The officers of the Association shall consist of a President, a Vice President, a Secretary and a Treasurer, any of whom may be members of the Board of Directors, and such other Officers as the Board of Directors may appoint. The President must be a member of the Board of Directors. The Officers named in the Articles of Incorporation shall serve, unless removed and replaced by the Developer, until the first meeting of the Board of Directors held subsequent to the Majority Election Meeting, and at such meeting the Board of Directors shall elect the aforesaid Officers. Officers elected at the first meeting of the Board of Directors held subsequent to the Majority Election Meeting, shall hold office until the next and ensuing annual meeting of the Board of Directors and until their successors shall have been elected and shall qualify.

2. Resignation, Vacancy, Removal, Compensation.

a. Any Director or Officer of the Association may resign at any time, by instrument in writing. Resignations shall take effect at the time specified therein, and if no time is specified, at the time of receipt of such resignation by the President or Secretary of the Association. The acceptance of a resignation shall not be necessary to make it effective. A resignation shall be deemed to have occurred upon termination of membership in the Association, by the Director or officer.

b. Subject to the right of the Developer to replace Directors selected by the Developer, the members of the Association at a Special Meeting of the membership, shall fill the vacancy on the Board of Directors, by electing a person who shall serve until the next annual meeting of the members. In the event of a vacancy on the Board of Directors caused by a recall of a Director, pursuant to the provisions of Section 718.112(2)(k), Florida Statutes, the member of the Association, at a special Meeting of the membership, shall fill the vacancy on the Board of Directors, by electing a person who shall serve until the next annual meeting of the members.

When a vacancy occurs in the office for any cause before an Officer’s term has expired, the office shall be filled by the Board of Directors at its next meeting by electing a person to serve for the unexpired term.

c. Any Director may be recalled and removed from office, with or without cause, pursuant to the provisions of Section 718.112(2)(k), Florida Statutes. Directors selected by the Developer shall not be affected by these provisions.

d. Upon an affirmative vote of a majority of the members of the Board of Directors, any Officer may be removed either with or without cause, and his successor elected at any regular meeting of the Board of Directors, or at any special meeting called for such purpose.

e. No compensation shall be paid to Directors or Officers for their services as Directors or Officers.

IV.
POWERS AND DUTIES OF THE ASSOCIATION AND THE EXERCISE THEREOF

The Association shall have all powers granted to it by law, the Declaration of Condominium, the Act as the same may be amended from time to time, and the Articles of Incorporation, all of which powers shall be exercised by its Board of Directors unless the exercise thereof is otherwise restricted by the Declaration of Condominium, these By-Laws, or by law; and the aforementioned powers of the Association shall include, but shall not be limited to, the following:

4.1 All of the powers specifically provided for in the Declaration of Condominium and the Act.

4.2 The power to levy and collect assessments, based upon a budget formally adopted by the Board of Directors; provided, however, the Association shall not charge any fee for use by members of the common elements or of property owned by the Association, unless such use is the subject of a lease between the Association and the members. It is understood, however, that the failure of the Board of Directors or the members of the Association to adopt a budget shall not impair or affect the members’ obligations to pay their share of the common expenses of the Condominium.

4.3 The power to acquire, convey, mortgage, operate, lease, manage and otherwise trade an deal with property, real and personal, including units in the Condominium, as may be necessary or convenient in the operation and management of the Condominium and in accomplishing the purposes set forth in the Declaration of Condominium.

4.4 The power to expend monies collected for the purpose of paying the common expenses of the Association.

4.5 The power to purchase equipment, supplies and material required in the maintenance, repair, replacement, operation and management of the common elements of the Condominium.

4.6 The power to insure and keep insured the buildings and improvements of the Condominium as provided for and limited by the Declaration of Condominium. This Association shall, not less than forty-five (45) days prior to the effective date of any renewals or amendments to the Association’s insurance coverage, notify each member of the changes to be made in the Association’s insurance coverage, including a description of the property previously covered by the Association’s insurance coverage which will no longer be covered and the effective date of such change.

4.7 The power to employ the personnel required for the operation of the common elements of the Condominium and the Association.

4.8 The power to pay utility bills for utilities serving the common elements of the Condominium.

4.9 The power to contract for the management of the Condominium.

4.10 The power to improve the Condominium property, subject to the limitations of the Declaration of Condominium.

4.11 The power to enforce by any legal means the provisions of the Articles of Incorporation, the By-Laws, the Declaration of Condominium and the Rules and Regulations duly promulgated by the Association.

4.12 The power to improve the Condominium property, subject to the limitations of the Declaration of Condominium.

4.13 The power to collect delinquent assessments by suit or otherwise, and to abate nuisance and enjoin or seek damages from unit owners for violation of the provisions of the Declaration of Condominium and its Exhibits.

4.14 The power to pay all taxes and assessments which are or may become liens against the common elements of the Condominium, and to assess the same against the members and their units.

4.15 The power to select depositories for the Association funds, and to determine the manner of receiving, depositing and disbursing Association funds, and the form of check and the person or persons by whom the same shall be signed, when not signed as otherwise provide by these By-Laws.

4.16 The power to possess and exercise all powers necessary to implement, enforce and carry into effect the powers above described, including the power to acquire, hold, mortgage, convey, and deal in real and personal property.

4.17 The power to enter into, ratify, modify and amend each and every one of the agreements and undertakings contemplated by and contained within the Declaration of Condominium.


4.18 The power to subscribe to and enter into a contract with any person, firm, corporation or real estate management agent of any nature or kind to provide for the maintenance, operation, repair and upkeep of the Condominium property. Said contract may provide that the total operation of said managing agent, firm, or corporation shall be at the cost of the Association. Said contract may further provide that the managing agent shall be paid from time to time a reasonable fee, either stated as a fixed fee or a variable fee or as a percentage of the total cost of maintenance, operation, repair and upkeep, or of the total funds of the Association handled and managed by the managing agent.

4.19 The power to deal with and approve or disapprove all sales and conveyances of condominium units as provided for under the Declaration of Condominium. No fee shall be charged in connection with the consideration of a transfer or sale in excess of the expenditures reasonably required for consideration of such transfer or sale, and this expense shall not exceed $50.00 per applicant other than husband/wife or parent/dependent child, which are considered one applicant.

V.
DUTIES OF OFFICERS

5.1 The President shall:

a. Act as Presiding Officer at all meetings of the membership of the Association and of the Board of Directors.

b. Call special meetings of the Board of Directors and of members.

c. Sign all checks, contracts, promissory notes, deeds, and other instruments on behalf of the Association, except those which the Board of Directors specifies may be signed by other persons.

d. Perform all acts and duties usually required of an executive to insure that all orders and resolutions of the Board of Directors are carried out.


e. Appoint committees and be an ex-officio member of all committees, and render an annual report at the annual meeting of members.

5.2 The Vice President shall:

a. Act as Presiding Officer at all meeting of the membership of the Association and of the Board of Directors when the President is absent.

b. Perform all other acts and duties required of the President, in the absence of the President.

c. Perform such other duties as may be required by the Board.

d. Sign checks on behalf of the Association in the absence of the President.

5.3 Should the President and Vice President be absent from any meeting, the remaining Directors shall select a person to act as chairman of the meeting.

5.4 The Secretary shall:

a. Attend all regular and special meetings of the members of the Association and of the Board of Directors and keep all records and minutes of proceedings thereof or cause the same to be done.

b. Have custody of the corporate seal and affix same when necessary or required.

c. Attend to all correspondence on behalf of the Board of Directors, prepare and serve notices of meetings, keep membership books and receive all applications for membership, for transfer and sale of units, and present such applications to the Board of Directors.

d. Perform such other duties as the Board may determine and on all occasions in the execution of his duties, act under the supervision, control and direction of the Board of Directors.

e. Have custody of the minute book of the meetings of the Board of Directors and of the members, which minute book shall at all reasonable times be available at the office of the Association for inspection by members, or their authorized representatives, and by the Directors, and act as transfer agent to record transfers and rules and regulations in the corporate books. Minutes of all meetings of the Board of Directors and of members shall be reduced to writing and shall be available for inspection by members, or their authorized representatives, within thirty (30) days after the date of each such meeting. The minutes of all meetings of the Board of Directors and of the members shall be retained by the Secretary for a period of not less than seven (7) years.

f. Ballots, sign-in-sheets voting proxies and all other papers relating to elections shall be maintained as part of the Association Records (as herein defined) for a period of one (1) year from the date of the meeting to which such documents relate.

g. If the Association owns, leases or has reasonable access to a photocopy machine, the Association shall, at the request of any member or the authorized representative of such member, make photocopies of Association Records, as requested by such member or by the authorized representative of such member. The Association shall not charge any fee to the member or to the authorized representative of such member in connection with inspection of the Association Records, except that the Association may charge a reasonable fee for the cost of making copies, provided such fee does not exceed $.25 per page.

h. Maintain copies of all documents required to be maintained by the Association in accordance with Section 718.111(12), Florida Statutes (the “Association Records”). The Association Records shall be maintained in Miami-Dade County, Florida and shall be open to inspection by any member, or the authorized representative of such member, at all reasonable times. The Association shall provide the Association Records within ten(10) days after receipt of a written request. The right to inspect the Association Records includes the right to make or obtain copies, at the reasonable expense, if any, of such member.

i. The Association shall maintain at the Condominium Property an adequate number of copies of the Declaration of Condominium, the Articles of Incorporation, these By-laws, the Rules and Regulations adopted by the Association, and all amendments to each of the foregoing, as well as the Question and Answer Sheet required pursuant to the provisions of Section 718.504, Florida Statutes, to ensure their availability to members and prospective purchasers of units in the Condominium. The Association may charge the actual costs incurred by the Association in the preparation and furnishing of these documents to the parties requesting these documents.

j. The Association shall prepare a Question and Answer Sheet in accordance with the provisions of Section 718.504, Florida Statutes and shall update the Question and Answer Sheet annually.

5.5 The Treasurer shall:

a. Receive such monies as shall be paid into his hands for the accounts of the Association and disburse funds as may be ordered by the Board, taking proper vouchers for such disbursements, and be custodian of all securities, contracts, leases, and other important documents of the Association which he shall keep safely deposited.

b. Supervise the keeping of accounts of all financial transactions of the Association in books belonging to the Association. The Treasurer shall maintain all accounting records for the Association and for the Condominium, as may be required by Section 718.111(12)(a)(11), Florida Statutes (the “Accounting Records”), for a period of not less than seven (7) years. The Accounting Records shall be maintained in Miami-Dade County, Florida and shall be open to inspection by any member, or the authorized representative of such member, at all reasonable times. The Treasurer shall prepare and distribute to all of the members of the Board of Directors, at least ten (10) days prior to each annual meeting of the Board of Directors, and whenever else required, a summary of the financial transactions and condition of the Association for the preceding year. The Treasurer shall make a full and accurate report of the matters and business pertaining to his office to the members at the annual meeting of members and make all reports required by law.

c. The Treasurer may have the assistance of an accountant or auditor, who shall be employed by the Board of Directors. In the event the Association enters into a management agreement, it shall be proper to delegate such of the Treasurer functions to the management agent as is deemed appropriate by the Board of Directors.

6.1 Except as may be provided in the Articles of Incorporation, membership in the Association is limited to owners of condominium units in the Condominium. Membership is automatically conferred upon acquisition of a condominium unit in the Condominium, as evidenced by the filing of a deed of conveyance amongst the Public Records of Miami-Dade County, Florida or, as provided in the Declaration of Condominium, for transfer of membership upon the death of a member.

6.2 If a condominium unit is owned by more than one owner, co-partners or a corporation, there shall nevertheless be only one membership assigned to such unit, and the vote for such membership shall be cast by the person designated in a Voting Certificate signed by all of the owners (or by the proper corporate officer) of said unit, filed with the Secretary of the Association. In addition, only the voter designated in such Voting Certificate shall have the right to appoint a proxy. In the absence of such a writing, such vote shall not be counted; provided, however, that a Voting Certificate shall not be required when a unit is owned by a husband and his wife only.

6.3 Membership in the Association may be transferred only as an incident to the transfer of title to the condominium unit.

6.4 Membership shall terminate upon the transfer of title to a condominium unit.

VII.
MEETINGS, SPECIAL MEETINGS, QUORUMS, PROXIES

7.1 Meeting of Members.

a. Annual meetings: The annual meeting of the Association shall be held at the office of the Association on the third Thursday in December of each calendar year. At such meetings there shall be elected by ballot of the members, a Board of Directors, in accordance with the requirements of these By-Laws. The members may also transact such other business of the Association as may properly come before the meeting.

b. Special meetings: It shall be the duty of the President to call a special meeting of the members of the Association as directed by resolution of the Board of Directors or upon a petition signed by members having fifty-one (51%) percent of the total votes in the Association having been presented to the Secretary. No business shall be transacted at a special meeting except as stated in the notice thereof. In addition, a special meeting of the members of the Association, to recall or remove a member of the Board of Directors or for a special budget meeting, shall be called upon members having at least ten (10%) percent of the total votes in the Association giving notice of the meeting, provided the notice states the purpose of the special meeting.

c. Notice of meetings: It shall be the duty of the Secretary to provide notice (which notice shall incorporate an identification of agenda items) of the annual meeting of members or of special meetings of members stating the purpose thereof as well as the time and place where it is to be held, to each member of record at each member’s address as it appears on the membership book of the Association, or, if no address appears, at each member’s last known place of address, at lease fourteen (14) days (as to all meetings including the annual meeting and the budget meeting) but not more than forty (40) days prior to such meeting. However, notice shall be provided not less than sixty (60) days prior to the transfer of Association control to Unit Owners other than the Developer and the election of the Board of Directors of the Association by Unit Owners other than the Developer (“Transfer Meeting”). Notice of all meetings, specifically incorporating an identification of agenda items, shall be posted conspicuously on the Condominium Property at least forty eight (48) continuous hours preceding the meeting except in an emergency. Notwithstanding the foregoing, notice of the annual meeting of members, the budget meeting and meetings at which non-emergency special assessments, or at which amendment to rules regarding Unit use will be considered and the aforedescribed Transfer Meeting, shall be posted at a conspicuous place at the Condominium, at least fourteen (14) continuous days preceding such meetings. The Board of Directors, upon notice to the members, shall by duly adopted rule designate a specific location on the Condominium Property upon which all notices of the meetings of the members shall be posted. An officer of the Association shall provide an affidavit, to be included in the official records of the Association, affirming that notices of the Association meeting were mailed in accordance with provisions of Section 718.112(2)(d), Florida Statutes, to each member at the address last furnished to the Association. Notice of any meeting at which assessments against members are to be considered shall specifically contain a statement that such assessments will be considered and the nature of such assessments.

d. Budgetary meetings: The Board of Directors shall mail a meeting notice to the members of the Association indicating the date, time and place of the meeting together with a copy of the proposed annual budget, not less than fourteen (14) days prior to the meeting of the Board of Directors at which the budget will be considered. Such meeting will be open to members. If an adopted budget requires assessment against the members in anyh fiscal or calendar year exceeding 115% of the assessments for the preceding year, the Board of Directors, upon written application of members having not less than 10% of the total votes in the Association, shall call a special meeting of the members within thirty (30) days, provided that not less than ten (10) days’ written notice is given to each member. At the special meeting, members may consider and enact a budget by a vote of not less than 51% of the total votes of the Association. If a special meeting of members has been adopted by the members, the budget adopted by the Board of Directors shall go into effect as scheduled. In determining whether assessments exceed 115% of similar assessments for prior years, any authorized provisions for reasonable reserves for repair or replacement of the property of the Condominium, anticipated to be incurred on a regular or annual basis, or assessments for betterments to the property of the Condominium shall be excluded from the computation.


e. Quorum: The presence, either in person or by proxy, of members having at least 33-1/3% of the total votes in the Association shall constitute a quorum for the transaction of business at all meetings of members. The written joinder of members may not be utilized to establish a quorum, when such joinder occurs subsequent to the meeting.

f. Adjourned meetings: If any meetings of members cannot be organized because a quorum has not attended, the members who are present, either in person or by proxy, may, except as otherwise provided for by law, adjourn the meeting to a time not less than 48 hours from the time the original meeting was called. Notice of the recommencement of the adjourned meeting shall be made in accordance with the provisions set forth in Section 7.1(c) of these By-Laws.

g. Voting: There shall be one (1) vote allocated to each Unit in the Condominium. The vote of members holding not less than a majority of the total votes of the Association present, either in person or by proxy, shall decide any question brought before any meeting of the membership of the Association, unless the question is one upon which, by express provision of statute or of the Declaration of Condominium, a different vote is required, in which case such express provision shall govern and control. All voting shall be by secret ballot.

h. Conduct of Meeting: All members shall have the right to participate at all meetings of the members of the Association with respect to all designated agenda items. Further, any member may tape record or videotape a meeting of the members of the Association.

i. Proxies: A member may appoint a proxy. Any proxy must be filed with the Secretary before the appointed time of each meeting and such proxy shall be valid only for the particular meeting designated in the proxy and any lawfully adjourned sessions thereof. In no event shall such proxy be valid for a period longer than ninety (90) days after the date of the first meeting for which it was given and every proxy shall be revocable, at any time, at the pleasure of the member granting it. A member may not vote by general proxy, but may vote by limited proxy substantially conforming to a limited proxy form adopted by the Division of Florida Lands Sales, Condominiums and Mobile Homes. Limited proxies and general proxies may be used to establish a quorum. Limited proxies shall be used for votes taken to waive or reduce reserves; for votes taken to waive financial statement requirements as provided by Section 718.111(14), Florida Statutes; for votes taken to amend the Declaration of Condominium pursuant to Section 718.110, Florida Statutes; for votes taken to amend the Articles of incorporation of By-Laws; and for any other matter for which the Act requires or permits a vote of the members. No proxy, limited or general, shall be used in the election of members to the Board of Directors. General proxies may be used for other matters for which limited proxies are not required, and may also be used in voting for non-substantive changes to items for which a limited proxy is required and given.

j. Waiver and consent: Nothing herein shall be construed to prevent a member from waiving notice of a meeting or acting by written agreement without a meeting, and such waiver and action by written agreement are hereby expressly permitted.

7.2 Meeting of Directors:

a. Organizational meetings: The first meeting of a newly elected Board of Directors shall be held within ten (10) days of election at such place as shall be fixed by the Directors at the meeting at which such Directors were elected, and no notice shall be necessary to the newly elected Directors in order to legally constitute such meeting, provided a majority of the whole Board of Directors shall be present.

b. Annual meetings: There shall be an annual meeting of the Board of Directors immediately prior to the annual meeting of the members, at the offices of the Association.

c. Regular meetings: The Board of Directors may establish a schedule of regular meetings to be held at such place as the Directors may designate, in which event no notice need be sent to the Directors once said schedule has been adopted.

d. Special meetings: Special meetings of the Board of Directors may be called by the President, on three (3) days’ notice to each Director, given personally or by mail, telephone or telegraph, which notice shall state the time, place and purpose of the meeting. Special meetings of the Board of Directors shall be called by the President or Secretary in like manner and on like notice upon the written request of at least two-thirds of the Board of Directors.

e. Notice to members: All meetings of the Board of Directors and any committee thereof shall be open to members. Any member may tape record or videotape meetings of the Board of Directors. In addition, the right to attend such meetings shall include the right to speak at such meetings with reference to all designated agenda items. Notice of the time and purpose (specifically incorporating an identification of agenda items) of all meetings of the Board of Directors shall be conspicuously posted at the Condominium at least 48 continuous hours preceding the meeting, except in an emergency. However, written notice of any meeting of the Board of Directors at which non-emergency special assessment, or at which amendments to rules regarding unit use will be proposed, discussed or approved, shall be mailed or delivered to the members and posted conspicuously at the Condominium not less than fourteen (14) days prior to the meeting. Evidence of compliance with this fourteen (14) day notice shall be made by an affidavit executed by the Secretary and shall be filed among the official records of the Association.

Upon notice to the members, the Board of Directors shall, by duly adopted rule, designate a specific location on the Condominium Property upon which all notices of meetings of the Board of Directors shall be posted.

f. Waiver of Notice: Before or at any meeting of the Board of Directors, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board of Directors shall be deemed a waiver of notice by him of the time and place thereof, unless such Director attends a meeting for the sole purpose of objecting to the propriety of the notice provide to him.

g. Voting at meetings: A Director who is present at a meeting of the Board of Directors at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless such Director votes against such action or abstains from voting in respect thereto because of an asserted conflict of interest. Directors may not vote by proxy or by secret ballot at meetings of the Board of Directors. A vote or abstention for each Director present at a meeting of the Board of Directors shall be recorded in the minutes of such meeting.

h. Quorum: At all meetings of the Board of Directors, a majority of the Directors shall constitute a quorum for the transaction of business, and the acts of the majority of the Directors present at a meeting at which a quorum is present shall be the acts of the Board of Directors. If, at any meeting of the Board of Directors, there be less than a quorum, the majority of those present may adjourn the meeting from time to time. At any such adjourned meeting, any business which might have been transacted at the meeting as originally called may be transacted without further notice.


VIII.
PROCEDURE

8.1 Roberts Rules of Order (latest edition) shall govern the conduct of corporate proceedings when not in conflict with the Declaration of Condominium, the Articles of Incorporation, these By-Laws or applicable Florida Law.

8.2 The order of business at annual members’ meetings and as far as appropriate at other members’ meetings will be:

a. Election of Chairman;

b. Roll Call;

c. Proof of Notice of Meeting; or Waiver of Notice;

d. Reading of Minutes of Prior Meeting;

e. Officers’ Reports;

f. Committee Reports;

g. Elections;

h. Unfinished Business;

i. New Business;

j. Adjournment.

IX.
ASSESSMENT AND MANNER OF COLLECTION

9.1 The Board of Directors has the sole power to and shall from time to time fix and determine the accounts necessary to pay the common expenses of the Condominium and the Association. The common expenses include those expenses described in the Declaration of Condominium and any other expenses designated as common expenses by the Board of Directors, under the authority and sanction of the Declaration of Condominium and the Act.

9.2 The Board shall adopt a budget for the Association and the Condominium during the month preceding the fiscal year wherein the budget will take effect, which budget shall include a schedule of assessments to be paid by the members.

9.3 Each member shall be responsible for the payment of the assessments imposed against such member’s unit in an amount equal to the percentage of responsibility for payment of common expenses provided in the Declaration of Condominium.

9.4 Regular assessments shall be paid by the members on a monthly basis, payable on the first day of each and every month.

9.5 Special assessments, should they be required by the Board of Directors, shall be levied and paid in the same manner as regular assessments, unless the Declaration of Condominium shall otherwise provide.

9.6 When the Board of Directors has determined the amount of any assessment, the Secretary shall transmit a statement of such assessment to each member. Until further notice, assessments shall be made payable to the Association and shall be payable at the office of the Association.

Assessments are necessarily made upon projections and estimates of the Board of Directors, and may be in excess of, or be less than, the sums required to meet the cash requirements of the Condominium and the Association, in which event the Board of Directors may increase or diminish the amount of an assessment and Directors may increase or diminish the amount of an assessment and make such adjustments in cash, or otherwise as they shall deem proper, in their sole discretion, including the assessment of each member of such member’s proportionate share for any deficiency. Notice of all changes in assessments shall be given to all members.

9.7 Assessments shall not include charges for utilities separately charged and metered to each unit, nor charges for alterations, repairs, maintenance, improvements, or decorating within the interior of any unit.


9.8 The failure to pay any assessment within ten (10) days from the date due shall entitle the Association to levy a late charge against the delinquent member for each thirty (30) day period that the assessment remains delinquent in an amount not to exceed the greater of $25.00 or five percent (5.00%) of the assessment.

9.9 In the event an assessment is not paid within ten (10) days of the date same shall be due and payable, the Association, through the Board of Directors, may proceed to enforce and collect said assessments from the delinquent member in any manner provided for by the Act, the Declaration of Condominium and these By-Laws. Each member shall be individually responsible for the payment of assessments against his unit and for the payment of reasonable attorneys’ fees and costs incurred by the Association in the collection of sums due and the enforcement of any lien held by the Association.

9.10 If the proposed annual budget is not adopted prior to the start of the new fiscal year, an assessment shall be presumed to be made in the amount of the last prior assessment and monthly installments of such assessment shall be due upon each installment payment date until changed by an amended assessment.

X.
FISCAL MATTERS

10.1 Fiscal year: The fiscal year of the Association shall end on December 31st of each year.

10.2 Depositories: The funds of the Association shall be deposited in a savings and loan association or bank or banks in Miami-Dade County, Florida, in an account for the Association under resolutions duly approved by the Board of Directors, and shall be withdrawn only over the signature of the authorized Officers. Said funds shall be used only for Association purposes.

10.3 Association Funds: All funds of the Association shall be maintained separately in the name of the Association. In addition, reserve funds shall be maintained separately from operating funds in separate accounts in a financial institution as defined in Section 655.005, Florida Statutes. No manager or business entity required to be licensed or registered under Section 468.432, Florida Statutes and no agent, employee, officer or director of the Association shall commingle any funds of the Association with such person’s funds or with the funds of any other condominium association or with the funds of any community association as defined in Section 468.431, Florida Statutes.

10.4 Fidelity bonds: The Association shall obtain and maintain adequate fidelity bonding for all persons who control or disburse funds of the Association. As used in this subparagraph, the term “persons who control or disburse funds of the Association” means those individuals authorized to sign checks, and the president, secretary and treasurer of the Association. If the Association’s annual gross receipts do not exceed $100,000.00, the bond shall be in the principal sum of not less than $10,000.00 for each such person. If the Association’s annual gross receipts exceed $100,000.00, but do not exceed $300,000.00, the bond shall be in the principal sum of $30,000.00 for each such person. If the Association’s annual gross receipts exceed $300,000.00, the bond shall be in the principal sum of not less than $50,000.00 for each such person. The premium for such bonds shall be paid for the Association.

10.5 Records: The Association shall maintain accounting records according to good accounting practice, which records shall be open to inspection by members at reasonable times. Such records shall include a record of receipts and expenditures for each member which shall designate the name and address of the member, the amount of each assessment, the amounts paid upon the account and the balance due, in a register of names for the benefit of any mortgage holders or lien holders who have notified the Association of their liens, and to which lien holders the association will give notice of default, if requested.

10.6 Annual report: An annual report of the accounts of the Association shall be made annually by an auditor, accountant or Certified Public Accountant and a copy of the financial statement obtained from such annual report shall be furnished to each member no later than the first day of April following the fiscal year for which the report is made. The report shall be deemed to be furnished to the member upon its delivery or by mailing to the member at his last known address as shown on the books and records of the Association.

10.7 Insurance: The Association shall procure, maintain and keep in full force and effect, all insurance required by the Declaration of Condominium.

XI.
ADMINISTRATIVE RULES AND REGULATIONS

The Board of Directors may, from time to time, adopt rules and regulations governing the details of the operation and use of the common elements of the Condominium, and such other rules and restrictions as are designed to prevent unreasonable interference with the use of the units, limited common elements and common elements by the members and all members shall abide thereby, provided that said rules and regulations shall be equally applicable to all members and uniform in the application and effect.

XII.
VIOLATION AND DEFAULTS

In the event of a violation, other than non-payment of an assessment by a member, of any of the provisions of the Declaration of Condominium, these By-Laws, the Rules and Regulations of the Association, the Articles of Incorporation or any provision of the Act, the Association, after reasonable notice to cure not to exceed ten (10) days, shall have all rights and remedies provided by law, including without limitation (and such remedies shall or may be cumulative) the right to sue for damages, the right to seek injunctive relief, and in the event of the failure to pay assessments, the right to foreclose its lien provided in the Act and in every such proceeding, the prevailing party shall be liable for court costs and the Association’s reasonable attorney’s fees. If the Association elects to enforce its lien by foreclosure, the Association, provided the member has remained in possession of the unit, shall be entitled to petition a court of competent jurisdiction for payment of a reasonable rental from such member from the date on which the payment of any assessment became delinquent and the Association shall be entitled to the appointment of a receiver to collect such rent. A suit to collect unpaid assessments may be prosecuted by the Association without waiving the lien securing such unpaid assessments.

XIII.
AMENDMENT OF BY-LAWS

Subject always to the provisions of the Declaration of Condominium, these By-Laws may be amended, modified or rescinded in accordance with the Declaration of Condominium or by a resolution duly adopted by a majority of the Board of Directors at any duly called meeting of the Board of Directors, and thereafter submitted to the members at any duly convened meeting of the members and approved by members, present in person or by proxy, having at least 75% of the votes at the meeting, provided that notice of the proposed amendment (unless waived) is given in the notice of the meeting, and further provided that the voting requirements of the Declaration of Condominium are met in full, in the appropriate cases. Amendments to these By-Laws may be proposed by the Board of Directors, acting upon the vote of a majority of the Directors, or proposed by members of the Association having a majority of the total votes in the Association.

No amendment shall discriminate against any unit owner nor any class or group of unit owners unless the unit owners so affected shall consent. No amendment shall be made that is in conflict with the Articles of Incorporation or the Declaration of Condominium. No By-Law shall be revised or amended by reference to its title or number only. Proposal to amend existing By-Laws shall contain the full text of the By-Laws to be amended; new words shall be inserted in the text and underlined and words to be deleted shall be line through with hyphens. 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 indicators of words added or deleted but, instead, a notation must be inserted immediately preceding the proposed amendment in substantially the following language: Substantial re-wording of By-Law. See By-Law Article _____ for present text. Non-material errors or omissions in the By-Law process shall not invalidate an otherwise properly promulgated amendment.

A copy of each amendment shall be attached to a certificate stating that the amendment was duly adopted as an amendment of the By-Laws, which certificate shall be executed by the Officers of the Association with the formalities of a deed. Each amendment to the By-Laws must set forth, on the first page thereof, the book and page of the public records where the Declaration of Condominium has been recorded. The amendment shall be effective when such certificate and a copy of the amendment are recorded in the Public Records of Miami-Dade County, Florida.




XIV.
VALIDITY

If any portion of the By-Laws shall be adjudged invalid, such fact shall not affect the validity of any other By-Laws.
XV.
ARBITRATION

Internal disputes arising from the operation of the Association and the Condominium, among the Developer, members, the Association and their agents and assigns, shall be submitted to mandatory non-binding arbitration in accordance with the terms and provisions of Sectgion 718.1255 of the Act.
XVI.
ENFORCEMENT

Every member, every lessee and all invitees shall comply with the provisions of the Declaration of Condominium, these By-Laws, the Articles of Incorporation of the Association and all Rules and Regulations adopted by the Association, as may be amended from time to time. Failure of a member, lessee or invitee to so comply shall be grounds for action which may include, without limitation, an action to recover sums due for damages, injunctive relief or any combination thereof. In addition to all other remedies, in the sole discretion of the Board of Directors of the Association, a fine or fines may be imposed upon a member, lessee or invitee for guests, invitees or employees, to comply with any covenant, restriction, rule or regulation set forth in the Declaration of Condominium, or in the Articles of Incorporation or in the By-Laws or with respect to the Rules and Regulations adopted by the Association, provided the following procedures are adhere to.

16.1 Notice. The Association shall notify the member, lessee or invitee of the alleged infraction or infractions. Included in the notice shall be the date, time and place of the meeting of the committee of members of the Association (the “committee”) appointed by the Board of Directors to review the alleged infraction or infractions. At this meeting the member, lessee or invitee shall present reasons why penalties should not be imposed, which meeting shall take place not less than fourteen (14) days from delivery of such notice to the member, lessee or invitee. The notice to the member, lessee or invitee, shall also set forth the provisions of the Declaration of Condominium, the Rules and Regulations, the Articles of Incorporation and/or of these By-Laws which have allegedly been violated and a short statement as to the matters asserted by the Association. At such meeting, the member, lessee or invitee shall be entitled to be represented by counsel (at his expense) and to cross-examine and present witnesses and other testimony or evidence.

16.2 Hearing. The non-compliance shall be presented to the Committee and the Committee shall hear reasons why penalties should not be imposed. Formal rules of evidence shall not apply. At this hearing, the member, lessee or invitee (as may be applicable) shall have an opportunity to respond, to present evidence, to provide written and oral argument on all issues involved and review, challenge and respond to any material considered by the Association. A written decision of the Committee shall be submitted to the member or lessee and to the Board of Directors not later than twenty-one (21) days after the meeting of the Committee. If the Committee does not agree with the proposed fine, then the fine may not be levied.

16.3 Fines. The Board of Directors may impose a fine against the member, the lessee or invitee in an amount not to exceed ONE HUNDRED AND NO/100 ($100.00) DOLLARS for each violation. However, a fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, provided that no such fine shall, in the aggregate, exceed ONE THOUSAND AND NO/100 ($1,000.00) DOLLARS.

16.4 Payment of Fines. Fines shall be paid not later than ten (10) calendar days after notice of the imposition or assessment of the penalties.

16.5 Collection of Fines. The Association is hereby authorized to collect all fines imposed in the same manner as the Association may collect all obligations owed to it; provided, however, that a fine cannot become a lien against the unit owned by the affected member.

16.6 Application of Penalties. All monies received from fines shall be allocated as directed by the Board of Directors.

16.7 Non-Exclusive Remedy. These fines shall not be construed to be exclusive remedies. The remedies provided for in this Article XVI shall exist in addition to all other rights and remedies to which the Association may be otherwise legally entitled; however, any fine paid by the offending member, lessee or invitee shall be deducted from or offset against any damages which the Association may otherwise be entitled to recover by law from such member, lessee or invitee.

XVII.
INSURANCE

The Association shall mail a notice to each member not less than 45 days prior to the effective date of any renewal of or amendment to the Association’s insurance coverage which reflects the changes authorized by Chapter 84-36B, Florida Statutes, and the Association shall advise each member of any change in insurance coverage to be provided by the Association, i8ncluding a description of the property previously covered by insurance obtained by the Association which will no longer be covered, and of the effective date of such change.

The foregoing was adopted as the By-Laws of LA GORCE PALACE CONDOMINIUM ASSOCIATION, INC., a not-for-profit Florida Corporation, at a meeting of the members of said Association duly noticed, at which all members where present, by the unanimous vote of the members on the _____ day of _____________________, 19___.

________________________________________
CAMILO BLANCO, President
________________________________________
RUTH ANN MOORE, Secretary








La Gorce Palace Condominium Association
RULES AND REGULATIONS
& GUIDE TO SERVICES


































6301 COLLINS AVENUE
MIAMI BEACH, FLORIDA 33141
TELEPHONE (305) 867-1665
FAX (305) 865-0857

Revised April 2002
Additional copies at Five Dollars









La Gorce Palace Condominium Association

AUTHORITY FOR RULES AND REGULATIONS



Condominium living is community living: it requires the mutual respect of neighbors for one another. The purpose of these rules is to delineate what standards of conduct are commonly agreed upon to better promote community living.
Each rule is intended to aid in the maintenance of an overall environment conducive to insuring the security, privacy, comfort and harmony of La Gorce Palace residents.

The Declaration of Condominium and the Bylaws of La Gorce Palace Condominium Association, Inc authorize the Board of Directors to adopt such uniform administrative rules and regulations governing the details of the operation of the Building and such restrictions thereupon, as may be reasonably needed. These include the following:

1. Requirements respecting the use and maintenance of the individual units and of the common elements and limited common elements which may be deemed to be necessary to assure the enjoyment of all residents and their guests.
2. To prevent unreasonable interference with the use of the units, common and limited common elements.
3. To adopt such other provisions as may be decided to be necessary to accomplish the aforesaid purpose, and which are not inconsistent with the Florida Condominium Act, the Articles of Incorporation, and the Declaration of Condominium and the bylaws of the Association.



Please note that all dollar figures quoted in this document are current as of the time of publishing. Fees and required deposit amounts can be changed, from time to time, at the sole discretion of the Board of Directors according with the bylaws governing the Association. Consult with the Management Office for a current schedule.










Rules and Regulations
&
Guide to Services


Absence of Owner or Tenant

Residents who plan to be absent for periods of more than seven (7) days must prepare their units prior to departure in the following manner:

1. Remove or secure all furniture, plants and other objects on the balconies. Leave hurricane shutters closed between June 1 and November 30.
2. Designate someone other than the Manager or a staff member (ie. a firm or Individual) to be responsible for the unit during your absence and furnish the Manager with his or her name and telephone number.
3. Provide the Manager with an address and telephone number where the unit owner may be reached in the event of an emergency.
4.
If there is an emergency or common disaster, the Manager may authorize entrance into units if other instructions are not provided.

Air Conditioner

Each residential unit has its own central air conditioner/heater and thermostat. We strongly recommend that you have a technician service your air conditioner unit at least annually. This will typically involve cleaning of the coils and a refrigerent check and/or recharge, as well as a thorough cleaning of the condensate line. (Condensation is a normal byproduct of air conditioning systems. When the drainage line (“condensate line”) becomes blocked, the water backs up onto the floor of your air conditioning closet and then either into your apartment or the units below. This slow leak can be difficult to locate and cause mildew and extensive damage.) Check your yellow pages for a licensed and insured air conditioning service company, or ask neighbors for references.

Air Conditioner Filters

For health reasons as well as for efficiency, we strongly recommend you change your air conditioner filter once a month. When you change your filter, check for any sign of moisture on the floor of the air conditioning closet, which will be an early indication of a backup in your condensate line. Condensation drainage that results from improperly maintained units can also cause water damage to your neighbor’s property, becoming your potential liability. To maximize efficiency of your unit, we strongly recommend that you not attempt to store personal items in the air conditioning closet, which may impede the unit’s efficiency and become water/mildew damaged should the drain condensate line back up, as well as hide the early warning signs of this problem.



Antennae

Outdoor television and radio antennae are not permitted. Satellite dishes must be concealed as to not alter the outside appearance of the facade. Satellite dishes cannot be suspended from a balcony ceiling nor protrude beyond the vertical plane of a balcony railing.

Assessments

Maintenance payments are due on the first (1st) of each month. Please be sure to put your unit number on your check to assure posting to the proper account, and include your payment coupon. Make checks payable to “La Gorce Palace Condo. Assn., Inc.”

Article XIII, Section 13.10 of the Declaration of Condominium and Article IX, and Section 9.8 of the Bylaws states as follows:

“Assessments not paid within ten (10) days of when due shall bear interest from the date when due until paid at the rate of eighteen (18%) percent per annum. Additionally, the failure to pay any assessment within ten (10) days from the day due shall entitle the Association to levy an Administrative late fee, in addition to interest upon the delinquent assessment, in an amount no to exceed the greater of twenty five dollars ($25.00) or five percent (5%) of each installment of the delinquent Assessment. Said administrative late fee to be imposed against the delinquent unit owner for each thirty (30) day period that the assessment remains delinquent”.

Automobiles (See also: Front Ramp and Parking and Valet)

La Gorce Palace is a residential building with children and adults walking and playing the year round.
For everyone’s safety, the speed limit on all driveways and parking areas is five (5) mph.
Automobiles must be parked in the assigned parking spaces or through the optional valet parking service. Automobiles not parked in assigned spaces or through the valet services may be towed at the owner’s expense.
Vehicles parked in the garage must be roadworthy (no flat tires, wrecks, excessive exhaust smoke or muffler noise, etc.) and have a current license tag clearly visible.

Balconies and Terraces

Your terrace or balcony is an important part of the overall appearance of La Gorce Palace Condominium. To insure that all balconies remain attractive and to assure the safety of everyone, the following rules must be observed:
1. Cooking or barbecuing on highrise balconies is prohibited by the fire laws in Miami Beach. Smoke from balcony cooking may set off fire alarms in the building as well as disturb your neighbors.
Balconies and Terraces (continued)

2. Movable objects, such as potted plants cannot be placed on ledges, nor suspended from balcony ceilings.
3. Structures cannot be erected on balconies and terraces nor can be enclosed, covered with an awning or hurricane shutters, increased in size or altered in configuration.
4. Personal articles such as clothing swim suits or towels are not to be hung on the railing of your balcony.
5. Do not use your balcony or terrace as a laundry area. Do not store cleaning supplies, such as mops, outside. Also, for your neighbors’ comfort, do not shake mops or rugs from the balcony. Do not throw any object or liquids from balconies, especially when washing terraces.
6. Do not place on your balcony or terrace hammocks or other hangings from the walls or ceiling, furniture, umbrellas, ceiling fans or other article or appliance that will change the building appearance from the outside.
7. Remove all movable furniture from your balcony when going away and also during the hurricane season (June through November).
8. All balconies and terraces walls must be maintained in the standard exterior colors.
9. No electrical wiring, television antenna, machines or additional air conditioner units, which might protrude through the walls or ceiling, may be installed.


Barbecue

As part of the amenities offered by La Gorce Palace Condominium Association, there is a barbecue installed in the patio adjacent to the beach. This is a common element for the use of La Gorce Palace residents only. Owners who have rented their units forfeit their right to use the common elements, including the barbecue, while the tenants are in possession of the unit. The following conditions apply to use of the barbecue:


1. The use of the barbecue is by reservation only, on first- come first-served basis.The person who reserves the barbecue then has the exclusive right to use the barbecue and the adjacent tables and surrounding area during the term of the reservation.
2. Reservations only become official when deposits have been paid in the office and entered in the reservation book.
3. Due to parking, staffing and security constrictions, the barbecue cannot be reserved on the same day as the social room. There are no exceptions. (If the barbecue is reserved first, then the social room will not be available for rent that day.)








Barbecue /Continued next page….









Barbecue (continued)

The following fees apply:

1. $100 Deposit: Refundable if area is left clean after usage. A $15 deduction will be made for cleanup if necessary. Deduction for damages may also reduce the deposit refund. You are responsible if the cost of damages exceed the deposit amount.
2. $50.00 Late Cancellation Fee: This will be deducted from your deposit (item number one (1), above, if you do not cancel your reservation by giving the association office at least twenty-four (24) hours notice. In the case of weekend reservations, the deadline for cancellation without the Late Cancellation Fee is Thursday afternoon, at 4 PM. Reservations that are not cancelled deprive other owners of use of the barbecue on the day scheduled, or else use of the social room. If you are going to cancel, we ask that you be considerate and give us as much notice as possible.
3. $60.00 Valet Parking Fee: Pays for extra valet parking attendant to be scheduled up to six (6) hours to assist in parking your guests. This fee is required if more than twenty-five (25) people will attend.
4. $60.00 Security Guard Fee: Pays for extra security guard for up to six (6) hours of service. This fee is required if more than twenty-five (25) people will attend.
5. There is no fee to use the barbecue itself. However, all usage must be on a reservation basis.



Bathers

Bathing suits must be covered with a robe or shirt while inside the building common areas.

Bathers returning from the beach:
· Must wash all sand from their body in the shower on the walkway coming from the beach.
· Dry off before entering the building.
· Must be appropriately attired: shirt/robe with shoes/sandals.
· Must use the beach elevator to the seventh floor or the cargo service elevator, located in the rear lobby.











Bicycles

Bicycles must be stored within the designated bicycle storage enclosures.
In order to be stored in designated bicycle storage enclosures, bicycles must first be registered with the association and given a metal identification tag. These are available at no charge in the association business office upon request.

Bicycles are stored at the sole risk of the owner. The Association will NOT be responsible for any theft, loss or damage. We recommend that you include your bicycle in your homeowners (or tenant’s) insurance policy. The association’s insurance is for common elements, and does not include personal property such as bicycles.

Bicycles are NOT allowed in the elevators, the apartments or on the balconies.
Bicycles may not be ridden on the Condominium property, in the building or in any of the common areas (parking garage, ramps, walkways, etc)

Never walk or ride a bicycle through or under the main garage door. This gate activates automatically and serious injury may occur. The exit gate may not recognize a bicycle before beginning to close. Use the pedestrian door next to the exit gate.
Bulletin Board

The use of the bulletin board located in the mailroom is reserved for notices or the Agenda for future meetings, and to inform residents of problems or events. Under special circumstances, at the discretion of the Manager, community matters are posted.
Nothing may be posted on the bulletin board without the permission of the building manager.

Cable Television

Basic cable television service (standard package) is provided as part of the monthly maintenance fee. It is not an optional service. The current cable service to residents should not be construed as entitlement to lessees/guests. The basic cable service agreement currently in effect is subject to change at the discretion of the Board of Directors of the Association, and by agreement may be terminated or modified at any time.
Contact Charter Cable directly at (305) 865-1564 if you want to upgrade your service or if you need service.


Change of Address / Telephone
It is each owner’s responsibility to see that the association has their current mailing address. If you are not receiving the monthly newsletter, request that the administrative office confirm what your official mailing address is in the computer.
When moving out of La Gorce Palace Condominium you must file a “Change of Address Form” with the Post Office so that your mail will be re-routed without interruption. These forms may be available from the Concierge at the front desk. Simply fill it out and drop it in the mail.

Please provide emergency contact information so that we may contact the person(s) you designate in the event of emergency. We keep your screening application on file, but should you change employer or mailing address, notify us in writing to update your records. There is a form available at the front desk for this purpose.

Children

Children should not play in the elevators, stairways, public halls or lobby, for their own safety. Parents are responsible for the behavior of their children.
Unit owners and renters are responsible for the actions of their children and their visitor’s children in their units and common properties.

The following activities are not permitted:
1. Climbing trees on the property.
2. Skateboarding or roller skating on Condominium property (including wearing roller skates, roller blades inside the building common areas).
3. Jumping the fence surrounding the swimming pool.
4. Loitering in the lobby.
5. Bouncing balls, of any type, against the walls or any other surfaces inside the building.
6. Using the swimming pool without adult supervision, if under the age of twelve.
7. Entering the exercise room (gym) with or without adult supervision if under the age of twelve.
8. Use of exercise room equipment without adult supervision present if between 12-16 years of age.
9. Parents or guardians must accompany children when playing in the playground area.


Complaints

If you have a complaint, let the Manager know about it in writing. With two hundred and eight units, we will try to resolve problems. However, resolution may not always be possible. If you identify a problem or issue, let us know in writing, and we will investigate as soon as possible. We will respond to all written complaints, usually within ten (10) business days.

Complaints (Continued on next page)


Complaints (Continued from previous page)



If someone makes a complaint against you, you will be sent a form detailing the nature of the complaint. A copy will be placed in your file. If you wish, you might contest the complaint, in which case your response will also be kept in file. Complaints which cannot be resolved and which create a hazard or disrupt the harmony of the building will be referred first to the Hearing Panel, where you will have an opportunity to rebut the complaint, and if necessary, to the Board of Directors for resolution or the application of sanctions.

Renters should note that all leases coming up for renewal must be re-approved by the Screening Committee. Complaints on file will be a factor in accepting the lease renewal.

Owners’ complaints against employees will be considered confidential and should be addressed, in writing, directly to the Board of Directors. After careful investigation the Board will respond, in writing, to the owner within a reasonable time frame.

Contracted Repairs to Apartments (See also: Noise, Elevators, and Service Personnel)
You must provide written notice to the manager of any construction work to be performed in your unit. Work is only permitted from Monday – Friday, from 9AM – 5PM. Work is not allowed on Saturdays or major holidays (New Years, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas). You must reserve the freight elevator to bring in your supplies and remove any construction debris. Explain to your contractor about restrictions on noise, elevators use and access of service personnel. Changes in wall location, relocation of plumbing and electrical work, etc, require the use of licensed contractors in compliance with all state and local laws, including obtaining construction permits and the prior authorization from the Board of Directors. Rubbish left by contractors must be disposed of away from the building, when the work is finished. The association’s garbage collection contract does not include collection of construction debris. Do not use the trash chute to dispose of construction materials; you will be responsible personnally for damages to the chute if construction materials are improperly disposed of. Do not allow workers to clean cement or plastering tools in your apartment or in the building, to avoid accumulation of cement residues in the building’s drainage system.


Cooking on Balconies

Cooking on balconies is against the law in Miami Beach. It annoys other residents downwind and often the smoke is carried back into the building where will set off smoke and fire alarms. As such, cooking on balconies is strictly prohibited.












Crime Watch

Security is everyone’s business. Personally insure that all doors and gates lock behind you. If you see something or someone suspicious, call the Front Desk at once. Please relay all relevant details, such as time, location, individuals involved, with a description and/or license plate. We will investigate or call the police.
We recommend that persons swimming in the ocean do not leave valuables with their belongings on the beach. Valuables should not be left in plain sight in parked automobiles. Vehicles should be left locked at all times.

Deliveries (See also: Moving)

The Association will not be responsible for loss or damage to property received and/or held in behalf of unit owners/renters/guests whether in storage room, Valet Service, or at the Front Desk.

Moving into/out the building is covered under a separate section entitled “Moving.”

All construction materials (including carpeting and flooring, sets of furniture or other large, bulky or heavy materials) must be guided by the following requirements:
1. It must be delivered to the loading dock.
2. It must be delivered between 9:00 A.M. to 6:00 P.M. Monday through Friday.
3. You must reserve the elevator and loading dock ahead of time with the Concierge. See also “Elevators” for additional restrictions.
4. Delivery of small furniture or item that takes a single trip, up or down, does not require an elevator reservation and does not have to use the loading dock with the following conditions:
a. Do not use the front lobby or the front ramp.
b. Use the rear lobby and the rear door of the service elevator only.

Residents/Owners are liable for damages to the building caused by moving articles in and out of the building.




Destruction of Property

Residents are financially responsible for damage done to any part of the building by themselves, their dependents or guests.

For your protection, Management must have access to your unit in the event of an emergency. If Management is not in possession of keys, the Association or Management will not be responsible for damage incurred by forced entry in case of an
emergency.


If you change or add locks to your door, you are required to provide a copy of the key to the manager. These keys are always kept under lock and are assigned a code number for identification, that only the Manager knows. Remember that an emergency could also involve you or your loved ones in need of medical assistance.

Draperies
In the interest of the building’s overall appearance, curtains that are other than white or off white must be lined or under-draped in white or off-white linen.

Elevators (See also: Moving)
We have four high-speed elevators in the building and one elevator going from the seventh
floor to the access door to the beach. The elevator with the rear door is a freight or service elevator and is available by reservation for moving.
Proper attire, including shoes/sandals and shirt, is required when riding the elevators.
See the concierge for moving reservation and information. Reservations are on first-come first-served basis.
A deposit of three hundred dollars ($300.00) must be held in the administrative office during the time that the elevator is being used to transport deliveries, tools, materials or contractors working in the apartment.
In the event of fire or a fire alarm, the elevators will automatically take you to one of the lower floors and after opening the doors, go out of service, automatically.
If you become stuck in one of the elevators at any time, do not panic. There is a telephone behind the door with the Plexiglas panel, below the push button panel. Use the telephone to call the Front Desk. In addition the Concierge (Front Desk) will be able to see you with the closed circuit camera operating in the elevators.
Bicycles are not allowed in the elevators at any time. There are assigned bicycle storage enclosures on the lower floors of the garage. See the administrative office for details. See also the section (Bicycles).




Exercise Room

The exercise room is located on the seventh floor for the enjoyment of residents and their guests only. It is open from 5:30 A.M. to 11:30 P.M. Children under 12 years old are not permitted in the room for safety reasons, whether or not an adult present is supervising or not. Children between 12-16 may use the equipment when accompanied by a supervising adult who is at least 21 years of age.
Use of proper and safe attire is required.
Please do not leave magazines and newspapers in the exercise room. Please pick up after yourself.
Although we realize that some people prefer to exercise without lights, many different people with different preferences use the exercise room. As a matter or policy the lights will be on when the room is in use. This is the normal situation at any commercial fitness center. However, if you prefer to use the exercise room without lights, you may do so if none else in the room objects. The lights should always be turned OFF when leaving the room.
Selection of the television programming is on a first-come, first-served basis. If someone has the television tuned to a certain channel, use common courtesy and ask before changing the setting.
Equipment is to be used inside the room and its removal is prohibited.
Make sure you have the clearance from your doctor before starting a fitness program. The use of the exercise room is at your own risk.

Facilities

The facilities of La Gorce Palace Condominium Association, Inc. are for the exclusive use of Association members, their immediate families, tenants, and residents’ houseguests. Owners who have rented their apartments forfeit their rights to use of the facilities while the apartment is rented, as these rights of use are now enjoyed by the tenant. All guests must register at the Front Desk.
Members are expected to cooperate with the Building Manager and the Board of Directors in the proper use of the common areas.
Proper decorum and clothing are expected while using our facilities, including but not limited to the Lobby area, Social Room, Terraces, swimming pool deck, etc.





Fire / Evacuation

Familiarize yourself and your family with the fire exits. We suggest doing this, as well as checking batteries on any smoke detectors in your apartment, twice each year, to coincide with going on and off of Daylight Savings Time. Stairs must be used in case of evacuation: familiarize yourself with their location.

All residents should assemble outside the fence, behind the building by the beach in the event of an evacuation. Do not attempt to assemble in front of the building, as fire equipment will need all available space to mobilize as quickly as possible. We recommend use of this point at the rear of the building to facilitate finding relatives, friends, etc. in case of an evacuation. Familiarize your family with this important assembly point. A staff person with a radio will be present and will keep assembled residents in contact with the relief effort.

The fire alarm system is deliberately very sensitive and can be set off by a variety of stimuli, including heat, smoke, water pressure, fluctuations in the sprinkler system, pull station activation, electrical storm in the vicinity, electronic circuit malfunction, etc.

When the alarm sounds, the following will occur:
1. The alarm will ring at the fire control panel at the Front Desk identifying location from where the alarm originated.
2. Staff personnel will be sent by the concierge to investigate the area immediately. He or she will be in radio contact with the concierge. An announcement will be made over the public address system, in English and Spanish, to disregard the alarm if the alarm was false. In the event of evidence of fire, the front desk will be immediately advised by radio to contact the Fire Department. We will attempt to extinguish any blaze using fire extinguishers if possible.
3. We will call the Fire Department. As a precaution, They will automatically dispatch fire emergency vehicles.
4. The elevators will go out of service, first dropping off passengers at predetermined lower floor(s), typically the lobby level. Remain calm. You should take precautions to prepare for evacuation, in the event we advise you to do so.
5. Do not call the Front Desk. The Front Desk cannot answer calls and direct the evacuation effort at the same time.
6. You will be advised over the public address system (in your apartment) if there is any need to evacuate. In the unlike event that the public address system malfunctions, we will dispatch personnel to each floor, to advise you of the need to evacuate.
7. When the alarm system is tested, proper information will be distributed in advance regarding the test.

It is strongly recommended that you consult and save the brochure from the Miami Beach Fire Department, available at the Front Desk.



Front Ramp (See also: Automobiles, Garage, Valet Service)
No parking is permitted on the front ramp at any time. The front ramp is reserved for valet parking and the pick up and dropping off of passengers and emergency vehicles. Standing momentarily (while the driver remains in the car) is permitted while waiting for passengers.
Please turn off your car while waiting to minimize air pollution. Cars may be left unattended (with the ignition off) on the front ramp only for valet service. Leave the keys with the valet in your absence. Violators will be towed away at the owner’s risk and expense without further notice.
Garbage (See: Trash)
Garbage Disposal
All garbage must be disposed of in sealed plastic garbage bags to minimize odor. Do not leave garbage bags on the floor of the trashroom. Never attempt to stuff oversized materials (cardboard boxes, etc.) down the chute; chute jams can lead to expensive repairs, which you may personally be held accountable for. For disposal of cardboard boxes, call the Concierge to have someone our housekeeping department remove them using the freight elevator. (Exception: Movers must remove cardboard boxes from moves.) Garbage disposal is prohibited except through the chute. Under no circumstances are construction materials or rugs allowed to be disposed of using the chute. Construction materials and rugs must be disposed of offsite by your workmen. Follow instructions for recycling.
Guests
Anyone residing temporarily in the building as a guest (not including those related by descent or marriage) must register with the concierge. Also the Screening Committee must approve anyone who resides more than thirty days in this building. It is the owner or tenant’s reponsbility to notify (five business days advance warning is preferred) the association in writing when a guest will be arriving, and the length of their stay.
Hallways and Chute Rooms (See also: Obstruction)
Hallways and Chute rooms must be kept clear of all obstructions and/or objects at all times. Do not leave spring water bottles, door mats, plastic bag garbage, etc. outside apartments.
Hurricane Preparations

Owners/residents are advised that if they are going to be away from their apartments, during the hurricane season (officially from June through November), they must remove all objects from the balconies.

Hurricane preparation brochures are available in both English and Spanish from the Concierge.


Hurricane Shutters
In order to maintain an attractive, uniform external building appearance, the Association has approved standards for the installation of hurricane shutters.
1. The approved shutters are roll down shutters only. The approved color is white. The shutter installation must only be attached to the walls, and not to the floor slabs, to avoid possible expensive damage to post tension cables in the floors and on the balconies.
2. Owners must request and receive approval from the Board of Directors, before installing hurricane shutters.
3. Storm shutters shall ONLY be deployed during hurricane “watch” and hurricane “warning” situations
4. If going out of town, a resident may leave hurricane shutters down (while out of town) during the hurricane season, from June 1 – November 30.
5. Balconies cannot be enclosed with hurricane shutters.
6. Electrical wiring must be hidden inside the walls.
7. Shutters improperly installed, or in violation of the approved standards, must be removed at owner expense.

Insect Infestation (See: Pest Control)

Insurance

While the Association maintains insurance coverage for common property, structure and improvements, Association policies do not cover the personal property, fixtures and improvements within your unit.

Owners should contact their insurance agents to insure adequate coverage for the possessions in their apartments, as well as supplemental coverage, which might reflect the difference between replacement value and market value in case of total loss.

Renters are also advised to carry apartment tenant’s insurance, available from your insurance agent.

All residents/guest parking their automobiles and/or bicycles on condominium property do so at their own risk.

Residents should not have the unrealistic expectation that if they experience a loss at the condominium, the association will function as an insurance company and compensate for the loss. That is the purpose of insurance. The association is not an insurance company.

Leasing (See also: Renting)
Based upon Article 30.12 of the Declaration of Condominium the following rules must be observed:

(1) Only entire units may be rented. There shall be no subdivision or subletting of units. Tenants only may occupy units as a single-family residence.

(2) All leases shall be for a minimum period of six (6) consecutive months, and a maximum of twelve months. If a lease is terminated prior to the six- (6) month’s term, the owner shall not be allowed to rent the unit until such time as the six (6) month’s periods has expired.

(3) The Board of Directors shall have the final authority to approve all leases and renewals thereof, which authority may be delegated to a Screening Committee.

(4) All leases and lease renewals must include both a copy of the lease and the association’s approved Lease Addendum. The Lease Addendum requires that the owner is responsible for the conduct and compliance of the tenant with regard to association rules and regulations, and that in the event that it is necessary, the association may have the tenant evicted at the owner’s expense, among other remedies. Further, the lease addendum provides that in the event the owner falls behind on his/her maintenance payments, the association has the right to collect the rent and apply it to the owner’s maintenance account until the arrearage has been brought up to date.

(5) Each prospective tenant must submit a completed screening application with the applicable fee of $100 per application. Husband and wife may file a joint application. Upon receipt of all information and fees required by the Association, the Association shall have the duty to approve or reject all proposed leases within thirty (30) days of receipt of information for approval. All requests for approval not acted upon within thirty (30) days shall be deemed approved. Applications for renewals of lease agreements shall be submitted at least thirty (30) days in advance of the expiration of the lease agreement. If the Association disapproves a proposed lease or renewal, the unit owner shall receive a short statement indicating the reason for the disapproval, and the lease shall not be made or renewed.

The Association shall neither have a duty to provide an alternate lessee nor shall it assume any responsibility for the denial of a lease application if any denial is based upon any of the following factors:
(a) The person seeking approval (which shall include all proposed occupants) has been convicted of a felony involving violence to persons or property; or a felony demonstrating dishonesty or moral turpitude;
(b) The application for approval on its face, or the conduct of the applicant indicates that the person seeking approval intends to conduct him or herself in a manner inconsistent with the covenants and restrictions applicable to the condominium. By way of example, but not limitation, an owner allowing a tenant to take possession of the premises prior to approval by the Association as provided for herein shall constitute a presumption that the applicant’s conduct is inconsistent with applicable restrictions.
(c) The person seeking approval has a history of disruptive behavior or disregard for the rights and property of others as evidenced by his conduct in other social organizations or associations, or by his conduct in this condominium as a tenant, unit owner or occupant of a unit.
(d) The person seeking approval has failed to provide the information, fees or appearance required to process the application in a timely manner;
(e) All assessments, fines and other charges against the unit have not been paid in full.
Litter
Do not throw wrappers, bottles, cans, etc., on the grounds. Use the waste receptacles provided in the mail room to dispose of any unwanted personal mail, advertisements, etc. Extinguish cigarettes in ashtrays, not on the floor or in planters. Help us keep the building looking clean and attractive at all times.
Lock-out
By law, the Manager of the building must keep a copy of the key to your unit to gain access in case of emergency. The keys are kept under lock and assigned a code that only the Manager of the building knows. Therefore, the use of the emergency keys is very restricted and available only with the approval of the Manager day or night. Residents should make sure that they carry the entrance key to their unit at all times. If, due to negligence, you need access to your unit anytime before midnight, you will be charged fifteen dollars ($15.00) before security opens the door for you. Emergency keys will not be available from midnight to 8:00 A.M. Please make sure that you carry the key when you exit your unit. (Residents who wish, may replace key locks on their front doors with combination locks (subject to prior association written approval) to avoid the possibility of lockout. If you do this, advise the association of the combination for emergency entrance purposes.)
Mail / Package Delivery

Each unit owner is assigned a mailbox in the mailroom. The mail is usually delivered late in the afternoon. The Association does not have copies of the key to your mailbox. If you lose your key, you will have to arrange with a locksmith to have a new key made. For your convenience, make a copy of your mail box key.
Deliveries of packages will be accepted only when addressed to individuals, not to companies, corporations or partnerships. The mailboxes are for personal use only and not for business, as commercial use of the units is strictly prohibited. You will be provided with a notice of delivery on the same day that the package is received.

Mail or packages accepted at the Front Desk are kept in our package area. We accept no responsibility or liability for any article received by us in your behalf. You must notify the manager in writing if you do not wish us to accept packages for you.
Newspapers more than one week old, that have not been picked up, will be thrown away, unless you notify the Concierge (Front Desk) to the contrary.

Place any unwanted advertising in the trash container, located in the mailroom. Do not leave them on the counter.

Moving


Moving into or out a high rise building is difficult. Planning in advance is necessary to minimize inconvenience to other residents.

Moving is only allowed Monday through Friday, between 9:00 A.M. and 6:00 P.M. Moving is NOT permitted on weekends and holidays. No exceptions.

You must reserve the elevator and loading dock in advance with the concierge. Two periods exist daily for reservation: 9AM – 1:30 PM, or 1:30 PM - 6:00 PM. If your move extends any time after your reservation, you will be charged a penalty fee of $100 per hour, or any fraction thereof, which will be deducted from your damage deposit.


When you are ready to move we will need the following:

1. A refundable check in the amount of five hundred dollars ($500.00) as a deposit for damages and/or penalties The check will be returned to you after the security guard verifies that no damage occurred to the premises and that the move was completed on time.
2. A non-refundable check for thirty-five dollars ($35.00) is required for the use of floor protecting material from the elevator to the unit when moving or bringing furniture (two or more elevator loads) in or out of the units for up to five (5) hours use.
3. If you are moving out, pack before your moving reservation begins. Do not have the movers arrive and pack your belongings while the elevator reservation time is running. If you are moving in, unpack your belongings after all your possessions have been moved upstairs and you are finished with the elevator.
4. Make sure your movers arrive on time. Explain that you have four (4) hours, no more in which to move all your belonging. Explain to the movers that there will be no exceptions for movers who arrive late, get lost, or have trucks that break down, etc. The freight elevator is 10 feet in height. Do not leave behind furniture or any other large objects that you do not wish to take with you. If you do, you or your renter will be charged the cost of removing the object(s) plus a service fee of two hundred and fifty dollars ($250.00). Cleaning the debris in the hallways, stairwells, loading dock or elevators is your responsibility. Of course, any damage resulting from the move will be assessed against you.
5. Tell your movers that they are responsible for removal of all cardboard boxes and other moving materials off of the property. We do not have storage capacity in our limited trash facilities for discarded moving supplies. Do not damage the trash chute trying to stuff moving boxes into it; the expensive repairs to the chute which will result will be your responsibility.







Noise

High rise living demand consideration from all residents for peaceful coexistence with neighbors. To ensure harmony, La Gorce Palace Condominium Association has established certain noise regulations.

1. Carpeting must be installed over an accepted padding to diminish sound transmission through the concrete slab floor to adjacent units.

2. Hard surface (marble, granite, wood) flooring requires prior written association approval, as well as inspection for the application of soundproofing material in sufficient quantity. Forms are available upon request in the administrative office, as well as approved standards for soundproofing. Hard surface floor covering must be installed over soundproofing insulation, which must comply with state and local laws and regulations and be approved by the Board of Directors.. You are responsible for the cost of re-installing improperly installed flooring and soundproofing. If your soundproofing does not conform to the association’s specified approved product(s), application of an alternative product is at your sole risk, if later determined to be inadequate or of lesser effectiveness.

3. Radios, television and stereos must be tuned down at all times. Your neighbors do not need to know your preferences of music and TV shows. Please be considerate.

4. Do not allow your doors to slam. Open balcony doors sometimes result in front doors slamming inadvertantly. The sound of doors slamming is a common complaint.

5. Dog barking is a nuisance and is not allowed. Please take the necessary steps to prevent and/or stop it. (See also: Pets.) (Since we do not allow dogs, this rule is made with those few remaining pets in mind that were “grandfathered-in” prior to the adoption of the no pet rule on Sept. 5, 1997.)

6. Picture hanging, carpentry and other noise producing work must be done between the hours of 8:00 A.M. to 6:00 P.M. Monday through Friday. No exceptions.



7. Except in cases of emergency do not honk in the garage. If you drive carefully inside the garage, honking will not be necessary.





Obstructions

All public passageways should be kept completely unobstructed. Do not place rugs,mats, shoes, umbrellas, etc. outside your door in the common area hallways. NEVER leave garbage in the stairwells.
See to it that your belongings are not left on sidewalks, or in entrances, driveways, passageways, patios, courts, elevators, vestibules, stairways, hallways, chute room, your parking area or any other common area.
Occupancy

Maximum occupancy shall be as follows, unless superseded by applicable zoning regulations:
1. One bedroom apartment: Three persons
2. Two bedroom apartment: Five persons
3. Three bedroom apartment: Seven persons

Odors
Be discreet in using materials with strong odors.
Do not use materials that may become an annoyance to others.

Office
The Office is open Monday through Friday, from 9:00 A.M. to 5:00 P.M. The telephone number is (305) 867-1665. If you cannot reach the person you are calling, leave a message with the Concierge. The call will be promptly returned. Emergency information on file must be updated when you have changes in phone number, employer, or persons to contact in emergency. The fax number is (305) 865-0867. The association’s fax machine is not intended to receive personal faxes. Due to the low cost of fax machines today, there is no reason to use the association’s fax machine to send or receive personal messages. In the event we do receive a fax, the price is $1.00 per page, payable upon receipt. Please do not ask to have the association send personal faxes.



Parking (See also: Automobiles, Front Ramp, Valet.)

Motor vehicles (and bicycles) are parked in the garage at the owner’s risk. The Association is not responsible for loss or damage to vehicles or their contents when stored on condominium property. You should carry sufficient automobile and/or property insurance to cover any losses you might incur. Consult with your insurance agent to see that you have appropriate coverage.

Cars parked outside of the assigned place are subject to immediate towing at owner’s expense without further warning. Each vehicle’s wheels are required to be within the confines of it’s own designated parking space.

No vehicle may park in such a way as to impede the right of way within the garage.

Parking of more than one motor vehicle in a designated parking space is prohibited, without exception.

Each unit has either a single or double parking space assigned by the developer as part of the real property of the unit. This is a legal real estate transaction covered by deed and cannot be changed or modified by the association Each resident’s car(s) license plate(s) must be recorded in the business Office and monitored by the Security personnel by means of an adhesive parking permit placed on the interior of the driver’s side rear window or as a handtag attached to the rear view mirror. Renters must have a valid copy of their current lease on file with the office in order to obtain a parking permit.

The association has a limited number of parking spaces for rent to residents. One additional parking space is available per unit, based on an annual rental fee (Jan. 1 – Dec. 31), on a first come, first served availability. If a space is not available, you will be placed on a waiting list, maintained by the administrative office. The Association does NOT guarantee the availability of an additional parking space for each unit. If you move out of the condominium during the year, you will be refunded, upon written request, for the remaining whole months you have prepaid.

Boats, canoes, kayaks, surfboards, sailboards, etc. are not allowed in the garage or in the building.

Bicycles, boxes, automotive supplies, personal items, etc. are not to be stored in or around the parking spaces.

Note the height restrictions of 6’4” for vehicles wishing to park in the garage.

Personal washing or repairing of vehicles is not permitted anywhere in the condominium property, inside or outside.

Owners with vehicles leaking oil or other fluids must correct the problem promptly. Failure to do so will result in a fine being imposed until the leaking is corrected. Owners of vehicles with leaks are hereby put on notice that they will be liable for any injuries to pedestrians or to accidents resulting from the slipperiness.

…Parking (Continued on next page)
Parking (Continued)

To keep the garage gates in optimum working order and to maintain community security, the following rules are necessary:
1. Never follow another car through the open gate without first properly using your electronic key..
2. Each car must use its electronic key to enter the garage. Do not request the Concierge to open the garage gate for you, as this compromises our security system. We maintain a log of who enters and exits the gates through the electronic key log. Never try to force the gate open with your car. The gates are very heavy and delicately balanced; you will only cause expensive damage to the gates and endanger yourself. The electronic key operates the gate.
3. Extra electronic keys are available in the administrative office for fifty dollars ($50.00). If you have lost your electronic key, notify the office immediately so it can be removed from the system and not be used by unauthorized persons.

Personnel
All employees are under the supervision of the Manager of the building. The Manager must approve all requests for services by residents.
Pest Control
Residents wishing to have their units treated for pest control may do so by notifying the Concierge at the Front Desk. There is no charge for this service. Extermination services will be performed on a weekly basis by appointment. You must be present to open/close the door for the exterminator, or have a written authorization signed by the current resident granting access to the apartment for extermination purposes. Remove all food and dishes from countertops or the sink and cover any fish tanks, in preparation for spraying.
Pets
Article XXVIII of the Declaration of Condominium provides as follows:
“No pets or animals shall be kept or harbored on the Condominium property or the confines of a unit. Residents that have a pet residing in the unit prior to adoption of the amendment must register the pet with the Condominium Association within (30) days of the adoption of this amendment. These pets that are grandfather-in (registered pets) may not weigh in excess of (20) twenty pounds at maturity. (Note: The amendment prohibiting pets was adopted September 5, 1997,)

The word “pet” refers to dogs, cats, monkeys, birds, or exotic animals.

Pets must be carried at all times when not within the unit, may not be harbored or maintained within a unit that would create a nuisance to any other unit owner or lessee, and may not constitute an “exotic pet”. A determination by the Board of Directors that a pet or animal maintained or harbored within a Unit creates a nuisance or is exotic shall be binding and conclusive.
Seeing eye dogs used by the visually impaired are not considered pets and will not be restricted in their appropriate service duties.
Pool Table / Ping-Pong Table

There is a pool table in the social room and a Ping-Pong table outside 7th floor terrace. All the accessories (cues, balls, chalk, pool rack, Ping-Pong paddles and balls) are available at the Front Desk. A refundable deposit of twenty-five dollars ($25.00) and proper identification is required to borrow the equipment. You must be present while the pool or Ping-Pong table is signed out in your name. Leaving others under eighteen to play pool in your absence will be ground for suspending this privilege in the future.

The minimum age for playing Ping-Pong is twelve (12) years old.

The minimum age for playing pool is eighteen (18) years old.

You are responsible for damages to the table, equipment, fixtures, as well as tidying up after yourself (i.e. throwing away any trash, repositioning chairs).

The pool table is professionally balanced. PLEASE DO NOT MOVE THE POOL TABLE AT ANY TIME.
Plumbing
Lavatories, showers, bathtubs, are not to be used to discharge rubbish, chemicals, polluted liquids that can damage or clog the pipes. The cost of repairs resulting from misuse will be the resident’s responsibility.
Running water due to a leaky toilet valve can result in higher water bills and higher maintenance for the association. Please call for a free inspection to confirm the need for a repair.
Renting (See Leasing, Screening of Purchases and Rentals)
Repairs

Our Maintenance staff can make minor repairs as a convenience to residents. The manager will determine what constitutes minor repairs. You will have to arrange for outside help if the problem cannot be fixed.
Orders for minor repairs must be placed with the Concierge, in person or by telephone, who will prepare a work order. You must sign a waiver before a repair can be made. The form is at the Front Desk.
The Maintenance Supervisor is available by appointment, to make minor repairs in the units. Repairs will be done on weekdays between 1:00 P.M. to 2:30 P.M., his schedule permitting. You must provide the materials.
Some minor repairs provided include minor plumbing problems (i.e. clogs, unless these become a regular occurance, in which case you will need professional assistance from a plumber), air conditioner problems, electrical problems, water pressure, etc. We charge $ 25 per hour for minor repairs, subject to completion of association priorities, with a half hour minimum charge.
Roof
Residents and guests are not permitted on the roof at any time, except for emergencies.
Sanctions

All residents must comply with the Rules and Regulations as well as the Condominium Documents.
The Board of Directors is empowered by the law to enforce the Rules and Regulations and the Bylaws of the Condominium through appropriate legal remedies. In case of such legal action, the Association shall be entitled to reimbursement for attorney’s fees and costs Incurred in accordance with the provisions of the Condominium Documents and Florida Laws.
Non-compliance may be sanctioned in various ways, including fines; non-renewal of leases, referral to appropriate civil authorities (i.e., police) or to the association’s attorney, or any other manner in which the Association may designate.

Screening of Purchases and Rentals (See also: Leasing)


The Screening Committee must approve all residents: (1) buyers, (2) tenants and (3) long term guests (over 30 days, guests are considered residents). Miami-Dade County prohibits discrimination on the basis of race, color, religion, ancestry, national origin, gender, pregnancy, age, disability, marital status, familial status, and sexual orientation.


In no case will a tenant or buyer be permitted to occupy an apartment at La Gorce Palace Condominium before obtaining the approval of the Screening Committee and the Board of Directors. In the event this provision is violated, legal action may compel the offender to vacate the unit. The owner will be fined to the maximum allowed by the law. Also the Association will seek recovery of attorney’s fees and costs incurred from the offending owner. The Board may affix a fine of up to one hundred dollars ($100.00) per day, up to a maximum of one thousand dollars ($1,000.00), for each day that a non-approved tenant resides in a unit.

Article 30.1(b) of the Declaration of Condominium reads as follows:
“The Association approval of a sale or conveyance may be withheld if a majority of the whole Board so votes or by the unanimous vote of the members of the screening committee. Only the following factors may be deemed to constitute good cause for disapproval wherein the Association or a substitute purchaser would not be required to be designated to purchase the unit.
(i) The person seeking approval has been convicted of a felony involving violence to person or property, or a felony demonstrating dishonesty or moral turpitude.
(ii) The person seeking approval has a record of financial irresponsibility, including without Limitation prior bankruptcies, foreclosures, or bad debts.
(iii) The application for approval on its face indicates that the person seeking approval intends to conduct himself in a manner inconsistent with the covenants and restrictions applicable to the condominium. By way of example, but not limitation, an owner allowing a tenant to take possession of the premises prior to approval by the Association as provided for herein shall constitute a presumption that the applicant’s conduct is inconsistent with applicable restrictions.
(iv) The person seeking approval has a history of disruptive behavior or disregard for the rights and property of others as evidenced by his conduct in other social organizations or associations, or by his conduct in this condominium as a prior tenant, unit owner, or occupant of a unit.
(v) The person seeking approval failed to provide the information, fees or appearance required to process the application in a timely manner.
Screening of Purchases and Rentals ( Continued on next page )
Screening of Purchases and Rentals ( Continued )

(vi) The unit owner requesting the transfer has had fines assessed against him or her, which have not been paid.
(vii) All assessments and other charges against the unit have not been paid in full.”

Article 30.6 of the Declaration of Condominium provides as follows:
There shall be deposited and delivered to the Association, a reasonable screening fee not to exceed one hundred ($100.00) or the highest amount allowable by law, simultaneously with the giving of notice of intention to convey, sell, transfer and/or lease, for the purpose of defraying the Association expenses incurred therein.

The purpose of the Screening Committee is two fold:
1. To insure that all new residents and buyers are aware of and agree to the Rules and Regulations, the Bylaws and the Declaration of Condominium of La Gorce Palace Condominium Association, Inc.
2. Condominium living is not for everyone. It requires community cooperation and a respect for the rights of others living in close proximity. The Screening Committee will discuss these concerns with the applicants to insure compatibility. The results of a background investigation, interviews with former property owners, neighbors, employer(s), personal and financial references will be considered.
Leases for renewal require an updated application for approval. The Screening Committee must act upon the renewal approval before the lease is validated. No Screening fees will be necessary. The renter will be checked for complaints, behavior, and compliance with the Rules and Regulations of the Association while living in the building.
Should the applicant is refused re-approval of the lease, the applicant may request an interview with the Hearing Panel to present any mitigating circumstances that he/she could have. The Hearing Panel will make its recommendations to the Board of Directors, whose decision will be final.

Service Personnel

All service personnel are required to sign-in and out with the Concierge in the Contractor’s Log.

The building staff is NOT authorized to accompany your service personnel to your unit or be available to open the apartment and remain with your service personnel while the work is performed, in your absence. You will have to make your own arrangements with management companies, real estate agents, relatives, house cleaner, etc. for entrance to your apartment, including giving them key access. Notify us in writing of the authorization for their entrance or they will not be allowed in the building. We will not hold or receive keys for (or from) service personnel and we will not use the emergency keys for this purpose.
Signs (See also: Bulletin Board)

;No signs of any kind are to be placed on the property unless authorized by the Manager or the Board of Directors.
Social Room

There is one social room available to residents or owners for personal parties and functions. The social room will only be used for non-commercial meetings, except for those directly sponsored by the Association.

The social room is available on a first-come, first-served basis. Reservations are made through the administrative office and are not finalized until all deposits and fees have been paid in advance and the association administrative office has approved the request.

Maximum capacity for the social room is seventy-five (75) persons.


Smoking is prohibited in the social room, as it is prohibited in all of the interior common areas of the building

SERVING ALCOHOL TO MINORS (UNDER 21 YEARS OF AGE) IS AGAINST THE LAW in the State of Florida.

You are responsible for cleaning up all debris, food, etc. immediately after the party is over.

You will be required to sign an inventory tally with the administrative office before and after the affair. Missing furniture and/or damages will be charged to your damage deposit.

Furniture can NOT be moved out of the social room. The pool table is professionally balanced and cannot be moved.

The Association will NOT guarantee the availability of parking spaces.

Users’ fees and deposit requirements for the social room are as follows:

Reservation Deposit: Seven hundred ($700.00) refundable upon completion of the event and verification of no damages to property by the administrative office.
Room Rental fee Two hundred dollars ($200.00) not refundable.
Cleaning fee: Fifty dollars ($ 50.00) not refundable.
House Security fee: Sixty dollars ($ 60.00) for up to six hours of service, for events with more than 25 persons. Fee is then $15 per additional hour or any fraction thereof.
Valet Service fee: Sixty dollars ($ 60.00) for one to six hours of service, for events with more than 25 persons. Fee is then $15 per additional hour or any fraction thereof. (Please note that the Valet Service fee is in addition to the regular Valet parking fee of three dollars ($3.00) per car) However, the Association can NOT guarantee the availability of parking spaces.
Dance Floor fee: Two hundred dollars ($ 200.00) Optional. However, NO dancing is permitted on the rug.

Social Room ( Continued on next page)



Social Room ( Continued )


Deposit Fee
Reservation Deposit/Damages (refundable) $700.-
Rental Fee $200
Cleaning Fee $ 50
House Security (if over 25 guests): Up 6 hours $ 60
Security: Each add. Hr. or fraction $ 15
Valet Service Fee (if over 25 guests): Up 6 hours $ 60
Security: Each add. Hr. or fraction $ 15
Dance Floor (if needed) $200

Solicitation

Solicitation is prohibited within the Condominium property. The Manager or the Board of Directors must approve solicitation for special fund raising or charity, on a case-by-case basis. Distribution of handbills, advertisements, etc., directly to the units, or on the windshield of the cars parked in our parking areas, is PROHIBITED.

Solicitation of business by employees, in the way of business cards or other way of solicitation, on behalf of outsiders or residents, is strictly prohibited. Employees found to engage in these activities will be subject to disciplinary action up to and including dismissal.
Storage

Each unit is permanently one assigned storage space, either in the 7th floor storage room, or in the case of “-01” or “-03” units, on their respective floors If you are unsure of what your assigned storage number is, request clarification in the administrative office. For fire safety reasons, no items may be left outside of the assigned storage locker, including those for the “-01” and “-03” units in the storage closets on the residence floors. Items left outside the individual storage lockers will be disposed of without further notice, without exception.

The Association does not assume any responsibility for items left in your assigned storage. Storage of flammables, including oil based paints or thinners, gasoline, or other petroleum based volatiles, is strictly prohibited in the storage areas.





Swimming Pool Residents and guests that wish to enjoy the pool facilities do so AT THEIR OWN RISK. No lifeguard is on duty at any time. The Association assumes no responsibility for injures or loss of life, whether La Gorce Palace employees are present or not.

The following regulations were established to insure that all residents and guests have equal opportunity
to enjoy the pool facilities:
1. Pool hours are from 6:00 A.M. to 10:00 P.M.
2. “Pool Parties” are NOT allowed at any time.
3. Residents are allowed four (4) non-resident guests, including children, per apartment when using the pool. The resident must accompany the guests at all times and is responsible for their conduct. The resident is expected to have familiarized himself/herself with the pool rules before inviting guests to share the pool resources.
4. POOL GATES MUST ALWAYS BE KEPT CLOSED. Failure to do so is to invite possible tragedy if an unsupervised child should wander through the gate and into the pool area.
5. A robe or other appropriate cover and shoes are required on your way to and from the pool to the building and elevators.
6. Proper swimming attire is required. Topless sunbathing or swimming, is PROHIBITED.
7. While small rafts or floats are allowed in the pool, non-swimmers using these flotation devices should have an adult swimmer nearby and in the pool at the same time for safety reasons.
8. NO children under the age of 12 years are allowed in the pool area without an adult present and nearby.
9. Children not yet toilet-trained must use plastic pants or plastic lined diapers while in the pool.
10. NO running, pushing, rough play, ball playing, or Frisbee allowed in the pool area at any time.
11. All persons coming into the pool area from the beach must remove sand and salt from their bodies by first showering. (The salt accumulates quickly in the water, and the pool must be cleaned for sand residue on the bottom, increasing our expenses, putting more wear and tear on our facilities.)
12. All bathers with suntan oil, baby oil, sunscreens, etc. must first shower with soap and water before entering the pool.
13. Eating within four (4) feet of the pool area is prohibited for sanitary reasons. Eating is only allowed on tables situated under the roof next to the social room. You are responsible for cleaning the table completely after your use.
14. NO GLASS OBJECTS OF ANY KIND are allowed in the pool area for safety reasons. Broken glass may require us to shut down the pool and have it drained to remove clear glass from the pool bottom. Do not allow others to jeopardize the use of the pool for everyone.
15. NO pets, dogs, cats, etc. allowed in the pool area.
16. NO alcoholic beverages are allowed in the pool area.
17. Use of the Jacuzzi whirlpool is only allowed for children over 10 years old. Small children are PROHIBITED from using the Jacuzzi due to safety reasons.
18. SECURITY GUARDS HAVE THE RIGHT TO ASK FOR IDENTIFICATION FROM ANY FACILITIES USER AT ANY TIME.
19. The Bathing Load (maximum number using the pool at the same time) for our pool is fifteen (15).
20. During weekend and holidays, the number of guests may be limited at the discretion of the management.
21. SECURITY GUARDS HAVE THE OBLIGATION TO ASK PERSONS BREAKING THESE RULES OR CONDUCTING THEMSELVES IMPROPERLY TO LEAVE THE PREMISES.


Tile Flooring (See also: Noise)
Those owners contemplating hard surface flooring, such as marble, granite, tile, or wood, should be aware that there are minimum standards for soundproofing insulation, approved by the Board of Directors that comply with building codes. See the business office for details and authorization to install hard surface flooring.
Trash Disposal

Place all trash in closed plastic bags before depositing in the trash chute on your floor. Do not leave garbage or boxes on the floor of the chute room for others to dispose of.

NEVER TRY TO FORCE OVERSIZE TRASH INTO THE TRASH CHUTE! You can either damage the chute door or cause the chute to become stopped up, resulting in expensive repairs.

Use trash chute only between 9:00 A.M. through 9:00 P.M.

Garbage bags too large to be disposed of through the chute must be brought to the first floor, where building staff will help to place it directly into the trash room.

Construction materials, furniture, hazardous waste such as automobile batteries, flammable chemicals, cannot be disposed of on condominium property or through the condominium’s waste disposal systems, which do not include the pickup of these items. You will need to make your own arrangments to have these items properly disposed of off site.

NEVER LEAVE TRASH IN THE STAIRWELLS.

Valet Service (See also: Parking)

La Gorce Palace Condominium Association offers Valet Service as a convenience for the residents from 8:00 A.M. through 12:00 midnight Sunday through Thursday nights, and until 1 AM on Friday and Saturday nights.

Valet services include:
1. Assistance with groceries, packages, etc.
2. Guests valet parking on a fee basis.

Valet parking fees are as follows:
1. Each service for parking: three dollars ($3.00).
2. Overnight (after 2:00 A.M): Five dollars ($5.00)
3. Periods of 24 hours: Five dollars ($ 5.00).

Advance valet parking stickers, for cleaning help or visitors, can be purchased through the Valet office at three dollars ($ 3.00) each.
Valet Service ( Continued on next page)


Valet Service ( Continued )


ONLY THE VALET PARKING ATTENDANT IS PERMITTED TO DRIVE A CAR TO A VALET PARKING SPACE.

THERE IS NO VALET PARKING AVAILABLE FROM 12M – 8:00 AM SUNDAY – THURSDAY, OR FROM 1 AM – 8 AM FRIDAY AND SATURDAY. Owners reclaiming their vehicles during these hours should contact the front desk and will have to drive their vehicle from the parked location after paying the appropriate parking fee.


Waterbeds
Waterbeds are not allowed i