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1995.05.10_PB_Minutes_Regular1 " - ~! TOWN OF H/GHLAND BEACH PLANN/NG BOARD ADVERT/SED PUBL/C HEAR/NG M/NOTES Wednesday Mav 10 1995 9:30 A. M. Chairman Robert L. Lowe called the Regular Meeting to orderin Commission Chambers at 9:30 A. M. Deputy Town Clerk Gretchen Dayton called the ro/% Present were the Chairman Robert L. Lowe, Vice Chairman Leonard D. Bell and Members Michael W. Hill, Alfred E. Bresnahan, Wiliam Maltz, Fe/ix R. Goldenson and Paul R. Kane, Sr. A/so present were Bui/ding Official Lee Leffingwel% Town Attorney Thomas E. Sliney and members of the general public. M/NOTES Upon MOT/ON b y MR. H/LL/MR. BRESNAHAN, the Minutes of the April 12, 1995, Regular Meeting were unanimously approved. • OLD BUS/NESS Review fins/ plans for freestanding mooring as part of a boat lift, at 11016 High/and Beach Drive, Bock 2, Lot 16, Be/ Lido, submitted by Trident Marine Contractors, app/icant, Go/ding (Ownerl. Mr. Golding spoke on his behalf and stated he has received approximately six agencies approva/, including the Army Corps of Engineers, to construct the boat lift in the waterway. Ms. Leffingwe/l stated that the building department has received all the regulatory agencies permits. Town Attorney referred to the Code of Ordinances, and advised the Planning Board of the determining factors when considering Mr. Golding's request. The fol%wing MOT/ON was made by MR. GOLDENSON/MR. H/LL as fo/%ws: THE PLANN/NG BOARD G/VES F/NAL APPROVAL TO PLANS FOR FREESTAND/NG MOOR/NGS AS PART OF A BOA T L/FT, A T 1101 B H/GHLAND BEACH DR/VE, BLOCK 2, LOT 16, BEL L/DO, SUBM/TTED BY TR/DENT MAR/NE CONTRACTORS, APPL/CANT, GOLD/NG (OWNERI. • • P.B. M/N. 5/10/95 PG. 2 No one in the audience was present to speak for or against this project. Ro// cal/ met with unanimous favorable vote. Review pre/iminary p/ans for three patio vi//as, at 1103 and 1107 High/and Beach Drive, Lots 17 & 18, Be/ Lido, submitted by Dominick Conte, Owner/App/icant. Charles Morgenstein, attorney for Mr. Conte presented a letter and a revised Declaration of Condominium documents to the Board, a copy of which is attached hereto. The revised documents will include in the "common elements"a/l of the land exterior to the bui/ding line of the homes. The "common a%ments" wi/l be the Association's responsibility to maintain and repair using common funds. Mr. Morgenstein further stated the Declaration of Condominium documents will be sent to the Department of Business and Professional Regulation, Division of Land Sales, Condominiums and Mobile Homes in Tallahassee for their approva/. /t should take no longer than three months to receive the documents back. The fol%wing MOT/ON was made b y MR. BRESANAHAN/MR. H/LL as fol%ws: • APPROVE F/NAL PLANS FOR THREE PAT/O V/LEAS, AT 1103 AND 1107 H/GHLAND BEACH DR/VE, LOTS 17 & 18, BEL L/DO, SUBM/TTED BY DOM/N/CK CONTE, OWNER/APPL/CANT, SUBJECT TO THE COMPL/ANCE W/TH THE BOARD OF ADJUSTMENT VAR/ANCE, GRANTED DECEMBER 20, 1994, RECORD/NG OFA UN/TY OF T/TEE ON PROPERTY, AND SAT/SFACTORY DECLARA T/ON OF CONDOM/N/UM RESTR/CT/ONS TO COMPLY W/TH THE DECEMBER 20, 1994 VAR/ANCEREQU/REMENTS. ALL OF THEABOVEARE COND/T/ONS TO GETT/NG A CERT/F/GATE OF OCCUPANCY ON ANY OF THE UN/TS THAT THE PROPERTY OWNER BU/EDS. Roll ca// met with unanimous favorab/e vote. NEW BUS/NESS None The next meeting is scheduled for June 14, 1995. P. B. M/N. 5/10/95 PG. 3 There being no further business to come before the Board at this time, the meeting was adjourned upon MOT/ON by MR. MALTZ/MR. GOLDENSON at 10:02 A. M. APPRO VE.• _._.-, ~. _ ,~. ~- Robert L. Lowe, hairman Leonard D. Be/% Vice Chairman William Maltz 7 Felix R. o/denson chae/ W. Hill .~( ~ ~J Alfr E. Bresnahan Pau/ R. Kane, r. A TTEST.• ~~ ~ ~ DATE: ., f ~ .". _1 Charles R. Morgenstern, P.A. Attorneys .Charles R. Morgenstern Boca Aviation Building Amy G. Singer 3700 Airport Road, Suite 307 Boca Raton. Florida 33431 May 10, 1995 BY HAND DELIVERY (407) 750-9284 1-800-635-2979 FAX (407) 750-9289 Ms. Lee Leffingwell Building Official Town of Highland Beach 3614 South Ocean Blvd. Highland Beach, FL 33487 Re: Planning Board Approval of "Highland Court" a residential patio villa condominium by D. A. Conte and Ann Conte Dear Ms. Leffingwell: Pursuant to our telephone conversation of this morning (in which Tom Sliney, Town Attorney, also participated), attached please find a revised version of the proposed Declaration of Condominium for Highland Court, a condominium. The gist of our conversation was that you felt we needed to revise the Declaration of Condominium so • that it would be more "conventional" in that all of the land , exterior to the building lines of the homes themselves would be defined as "common elements," rather than just the interior side yards (or "courts") between the two end buildings and the middle building. I have done as you asked in the attached draft. I would respectfully request, however, that you reconsider the necessity for this revision. After our conversation, I reviewed the Decision of the Board of, Adjustment with respect to the Contes' Petition for a Variance. I have attached a copy of that Decision rendered on December 20, 1994. Not only were the Contes not even required to develop this property as a condominium in the first place, but the only conditions that were placed upon the property as far as what areas were "common" went directly and solely to the interior side yards. I believe that my original draft of a Declaration of Condominium for a "land condominium" in which only the interior side yards were defined as "common elements" is specifically in accordance with the conditions placed upon the Contes by the Board of Adjustment. You have indicated that you felt that my proposed "land condominium" concept would make it somewhat more difficult to enforce the maintenance requirements of the Town of Highland Beach with respect to the landscaped areas of the condominium, and that you felt that such an "unconventional" condominium would create confusion. While I recognize your points, I feel that your request is both outside of the scope of what was required by the Board of • Adjustment, and also creates far more of an intrusive Association, .~ with a more-cumbersome task, for Mr . and Mrs . Conte' s units than is • desired by the Contes or required by a three-unit condominium. Nevertheless, if you should decide that the redraft of the Declaration is the only way in which you will approve this project for the Planning Board, the Contes are prepared to submit this redraft. They would prefer, however, to go with the original format if there is any way that you can see your way clear to endorsing it. In our conversation, you and Mr. Sliney also requested that I write to you on behalf of the Contes, indicating that whatever version of the Declaration was ultimately decided upon by your Office and the Planning Board would be required to be recorded in the Public Records prior to the issuance of a Certificate of Occupancy for any of the units in Highland Court. I have discussed this condition with Mr. Conte and he is fully in accord with this condition. It is also necessary for me to advise you that the State of Florida, Department of Business and Professional Regulation, Division of Florida Land Sales, Condominiums and Mobile Homes (the "Division") must review and approve the Declaration of Condominium before it may be recorded in the Public Records. It is possible that the Division may require some technical changes, but I am convinced that they will not require any changes which are inconsistent with the requirements placed upon the Contes by the Board of Adjustment (or, for that matter, contained within the • attached revised Declaration of Condominium). Under any circumstances, the review by the Division should certainly be completed, and all changes made and approved, long before any of these units are ready for a final inspection for a Certificate of Occupancy. I sincerely appreciate all of your help in this matter and hope that you will be able to reconsider your position with respect to the "type" of condominium and the definition of "common elements" which you feel the Town requires in order to approve this project to proceed. Very truly yours, CHARLES R. MORGENSTEIN, P.A. Charles R. genstein cc: Dominick and Ann Conte • MOTION ON PETITION FOR VARIANCE 09-94-54 (CONTE) PUBLIC HEARING / DECEMBER 20 1994 THE BOARD OF ADJUSTMENT APPROVES PETITION FOR VARIANCE NO. 09-94-54 AS FOLLOWS: 1) A VARIANCE WITH RESPECT TO LOT COVERAGE [116 sq.ft. excess allowed] . 2) A VARIANCE WITH RESPECT TO INTERIOR SPACING BETWEEN DWELLING UNITS [12' rather than required 24']. THESE VARIANCES ARE GRANTED ON THE CONDITIONS THAT THERE BE UNITY OF TITLE TO THE ENTIRE PLOT FILED WITFyi THE THE TOWN AND THE COUNTY, :. ANDS,,,.. T THERE BE RECORDED A D}~~~3?Ol~ OF : _. ` Q~411~S~UNNING WITH THE LAND ON THE THREE `(3 ) D~~hI UNITS CONTEMPLATED, SPECIFICALLY RELATING TO: A) • °~S~PUT IN PLACE FOR THE BENEFIT OF ALL OWNERS OF DWELLING UNITS ON THE PROPERTY: B) PROVIDING FOR ~ - OI~~~<L~ THESL . INTERIOR ~ 3_ID8 =~~'AR_ ~S BY ONE NEIGHBOR WITHOUT THE CONSENT OF THE OTHER. C) PROVIDING FOR e0 ON~;~tAIN~ENANCE'r;OF -';THE ...~ INTB~.IOR.3ID$Y~RDbY THE ABOVE-MENTIONED ASSi~C~TATION., ~ A1~fD D) REQUIRING THAT THE ARCHITECTURAL AND AESTHETIC APPEARANCE OF THE DWELLING UNITS REMAIN HARMONIOUS, SO AS TO CONTINUE TO ALLOW THE PROJECT TO BE IDENTIFIED AS A MULTIFAMILY BUILDING IN PERPETUITY. IN GRANTING THESE VARIANCES, THE BOARD HAS MADE A FINDING OF FACT WITH RESPECT TO SECTION 11 [VARIANCES] OF CHAPTER 30~[ZONING], AND HAS DETERMINED. THAT ALL CONDITIONS AND PROVISIONS OF THAT SECTION HAVE BEEN MET. • u DECLARATION OF CONDOMINIUM FOR HIGHLAND COURT, A CONDOMINIUM BEL LIDO ESTATES, INC., a Florida corporation (hereinafter referred to as "the Developer") hereby submits the property legally described as LOTS 17 AND 18 OF BEL LIDO, according to the Plat thereof recorded at Plat Book 25, Page 97 of the Public Records of • Palm Beach County, Florida, as they have been joined together by that certain Declaration of IInity of Title recorded at Official Records Book 8664, Page 218 of the Public Records of Palm Beach County, Florida, to the condominium form of ownership and use as provided in Chapter 718, Florida Statutes (1994), hereinafter referred to as the Condominium Act. DEVELOPER'S STATEMENT OF INTENTIONS AND DISCLAIMER OF WARRAN'iR The only reason that this property is being developed in the Condominium form of ownership is to satisfy the requirements of the Town of Highland Beach as it affects two adjoining lots in the Bel • 1 • Lido subdivision of Highland Beach which lots are owned by the shareholders of the Developer. It is the intention of the Developer to build three small homes on these two adjoining lots to be owned, occupied, and used by the shareholders of the closely- held development corporation as their primary residences. It is the intent of the Developer to provide the owner of each condominium Unit with as much control and flexibility, as well as the responsibility for the cost of repairs, maintenance and replaceipent of components of the home, as is possible within the confines of the specific requirements set forth by the Town of Highland Beach. Accordingly, only the homes have been described herein as the Units. The remainder of the land between the property line and the exterior surface of the buildings exterior • walls (excluding any .enclosed landscaped entryways which are interior to the extension of any of the exterior walls), and any improvements thereon, specifically including driveways and landscaping, are "limited common elements" of the condominium which are to maintained at the expense of the Association, but the use of which is restricted to the owners of the Units adjacent to each particular area of land and their invited family members and guests. The "courtyards" between the homes and the connecting walls and gates existing on those "courtyards" are declared to be "common elements" of the Condominium which are obligated to be maintained by the Association, the use of which is available to all Unit Owners subject to the use restrictions, contained in Section 14, below. • 2 There is no present intent to offer any of these three • homes/condominium units to purchasers in the ordinary course of business, ACCORDINGLY, AND TO THE FULLEST EXTENT ALLOWED BY LAW AT THE TIME OF THE EXECUTION OF THIS DOCUMENT AND AT ANY LATER TIME, THE DEVELOPER HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS AND MERCHANTABILITY AS TO ANY OF THE COMPONENTS OF THE CONDOMINIUM PARCELS, UNITS AND/OR COMMON ELEMENTS. IF, AT ANY TIME IN THE FUTURE, THE TOWN OF HIGHLAND BEACH, OR ITS SUCCESSOR ENTITY HAVING JURISDICTION OVER THE REAL PROPERTY SUBMITTED TO CONDOMINIUM BY THIS DECLARATION, SHALL CEASE TO REQUIRE A UNITY OF TITLE AS TO THE TWO LOTS WHICH HAVE PREVIOUSLY BEEN JOINED BY A DECLARATION OF UNITY OF TITLE, THE OWNERS OF • CONDOMINIUM UNITS WITHIN THIS CONDOMINIUM MAY TERMINATE THIS CONDOMINIUM BY A WRITTEN INSTRUMENT SIGNED BY ALL RECORD TITLE OWNERS AND ALL LIENHOLDERS OF RECORD, WHEREUPON EACH CONDOMINIUM UNIT CREATED HEREBY SHALL CEASE TO EXIST AND THE OWNERS OF EACH -SAID UNIT SHALL OWN THE LAND AND IMPROVEMENTS WHICH PREVIOUSLY CONSTITUTED THE UNIT IN FEE SIMPLE AND ALL OF THE UNIT OWNERS SHALL OWN THE COMMON ELEMENTS AS TENANTS IN COMMON. All restrictions, reservations, covenants, conditions and easements herein shall create covenants running with the land which shall be binding on the'~Developer and all its successors and assigns forever. • 3 ;'.J ~ • ~ . As used herein, all words shall have the definitions attributed to them by the Condominium Act, section 718, Florida Statutes (1994). 1. DESCRIPTION OF THE LAND. The land which, together with all buildings and improvements thereon, constitutes the condominium property is the following described property: LOTS 17 AND 18 OF BEL LIDO, according to the Plat thereof recorded at Plat Book 25, Page 97 of the Public Records of Palm Beach County, Florida, as they have been joined together by that certain Declaration of Unity of Title recorded at Official Records Book 8664, Page 218 of the Public Records of Palm Beach County, Florida as shown in the attached survey, identified as EXHIBIT A. 2. DESCRIPTION OF THB CONDO1riINIUlYi. The condominium constructed on the land consists of 3 areas of land which are to be improved with patio villa homes,. identified as Unit 1103, Unit 1105, and Unit 1107, all as more fully shown on the plot plan and floor plan attached hereto as EXHIBITS B and C. The construction of the condominium is not substantially completed. 3. DESCRIPTION OF THE CONDOMINIUli ASSOCIATION. A charter of a corporation not-for-profit under Florida law has been granted to Highland Court Bel-Lido Condominium Association, Inc., hereinafter called the Association, and this incorporated Association shall exist for the administration and management of the condominium. A 4 • copy of the Articles of Incorporation of the Association has been attached hereto as Exhibit D. 4. VOTING RIGHTS. Each record title owner of a Unit within the condominium shall be a member of the Association, and such membership shall automatically terminate upon the recordation within the Public Records of Palm Beach County of any instrument of conveyance by which any member of the Association is divested of his, her or its record title interest in any Unit within the Condominium. Notwithstanding the existence of multiple owners of any or all of the. Units in the condominium, each Unit shall only be entitled to cast one vote. If multiple owners of any Unit cannot agree unanimously on the manner in which the vote of their Unit • will be cast, the vote of that Unit will not be counted as to the issue on which unanimous agreement could not be reached. 5. DESCRIPTION OF THS UNITS. ~ The units of this condominium shall consist of all of the land and improvements thereon other than those certain areas described on the attached plot plan as "limited common elements" or "common elements." In general, the attached plot plan shows the "Unit" to be the entire home from the finished exterior surface of all exterior walls inward, and specifically does not include all portions of the land lying outside of the extensions of the lines of the finished exterior walls or the improvements thereon, which constitute either "common elements" or "limited common elements." I• 5 6. DESCRIPTION OF THE COMMON ELEMENTS AND LIMITED COMMON • ELEMENTS. The common elements consist of the areas of land and landscaping between Unit 1 and Unit 2 and between Unit 2 and Unit 3 described on the attached plot plan as "courts" and the connecting walls and gates which cross over said common element "courts" to join the Units physically one to the other. In addition to the common elements as described above, all land which is not either within the definition of "Unit" above, or within the definition of the "common elements" described immediately above, and all improvements to that land (including driveways and landscaping) is hereby declared to be "limited common elements" of the Unit to which said land and improvements are • adjacent as shown by lines on the plot plan attached hereto. "Luaited common elements" are "common elements" the use of which is reserved to the owners of the particular Unit and their invited family members and guests, to the exclusion of other Unit owners or third parties, but the maintenance of which is the responsibility of the Association. 7. OWNERSHIP INTERESTS IN COMMON ET•R~N'~'S. Each unit owner shall have a one-third (1/3rd) ownership interest in the common elements and the limited common elements. 8 . COMlSON E%PENSBS . The ~ common expenses are the expenses for the operation, maintenance, and repair of the common elements including • 6 • the limited common elements, the costs of carrying out the powers and duties of the association, expenses agreed to by all unit owners, and any expenses designated as common expenses by the Condominium Act, this Declaration, or the By-Laws. Each unit owner shall share in and be liable for the common expenses in the same percentage as his ownership interest in the common elements, as provided in section 7. 9. BUDGET AND ANNUAL ASSESSI~NTS. The Association shall promulgate annually a budget for the anticipated common expenses for the coming year. The Owners of each Unit shall be assessed to pay one-third (1/3rd) of the total budget every year, in quarterly installments to the Association at the address directed by the • Association. 10. SPECIAL ASSESSI~NTS. In the event that Common Expenses exceed the amount collected from Unit Owners, or if unbudgeted expenses arise during the course of a year, the Association may levy a special assessment in accordance with the provisions of the Condominium Act against the Unit Owners. Each Unit Owner shall pay one-third of the total Special Assessment. 11. LIEN AND LATE CHARGES. The Association shall have a lien against each Unit for any assessments which remain unpaid by the Owners of that Unit for more than thirty (30) days. The Association may also charge an administrative late fee in any • ~ r • amount up to the highest amount authorized by law once any assessment has been past due for more than ten (10) days. The Association's lien for assessments shall secure unpaid assessments, as well as any late charges levied by the Association, interest charged by the Association at any rate up to the highest rate allowed by law in the discretion of the Board of Directors, attorneys fees, court costs and such other costs of collection as may be permitted by the Condominium Act. If required by any institutional lender, the Association may subordinate its lien to any institutional first mortgage. 12. UNIT OWNER E%PBNSES. • a. Each Unit Owner shall pay for the Unit Owner's own telephone, electricity, water, sewer, trash, cable television, or other utilities which are separately metered or billed to each user by the respective utility company. Utilities which are not separately metered or billed shall be part of the common expenses. b. Each Unit Owner shall pay for all of the expenses of maintaining, repairing and replacing all portions of his or her• Unit, which includes the entire exterior of the improvements (including but not limited to the roof, structural components, doors and windows, electrical components, mechanical components, and plumbing). • 8 c. If, due to the negligent act or omission of a Unit Owner, • or of a member of his family, or household pet, or of a guest or other occupant or visitor of such Unit Owner, damage shall be caused to the common elements, limited common elements, or to a unit or units owned by others, or maintenance, repairs or replacements shall be required which would otherwise be common expenses, then such Unit Owner shall pay for such damage and such maintenance, repairs and replacements as may be determined by the Association. The failure of a Unit owner to pay for such damage within thirty ( 30 ) days after written demand for same has been made by the Association, shall give the Association the power, after reasonable notice to the Unit owner responsible for such damage, to make the required repairs itself and to charge the cost of same to the Unit owner responsible for the damage in the same manner as a • special assessment and shall give rise to a lien in favor of the Association against the Unit of the owner responsible for the damage, which lien shall be prosecuted in the same manner as a lien for an unpaid special assessment. 13. EASEMENTS AND RIGHTS OF ENTRY. All the condominium property as described herein and in the attached exhibits, is subject to an easement for encroachments which exist now or come to exist in the future and are caused by the movement or settlement of the buildings and to such other easements as may be shown on the survey attached hereto as Exhibit A. 9 t • 1J, • There is hereby created a non-exclusive easement for ingress and egress over streets, walks and other rights of way serving the Units of the condominium to provide reasonable access to the public ways adjoining the condominium property. The authorized representatives of the Association shall have the right of access, during reasonable hours, to individual units for the purpose of maintaining, repairing, or replacing any common elements, or for making needed emergency repairs to prevent damage to the common elements or to another unit or units. Unless exigent circumstances exist where delay would likely result in injury to persons or damage to a unit or to the common elements, the Association shall give reasonable notice (but in no event less than • forty-eight (48) hours) to the unit owner and to all occupants of the unit, of its intent to enter the unit for any of the above purposes, and the Association shall accede to all reasonable requests change the time and/or date of the entrance in order to accommodate the schedule of the unit .owner and the occupants. 14. USS RESTRICTIONS. In order to satisfy the requirements of the Town of Highland Beach, the following use restrictions are adopted by the Developer: a. No unit Owner shall place anything upon the 'common elements of the condominium without the consent of all other unit owners. • 10 • b. No Unit owner shall make use of the common element "courts" without the consent of all other unit owners. c. No unit owner shall make any alteration of, or improvement to, the common elements without the consent of all other unit owners. d. Neither the Association. nor any Unit Owner may make any use of the common elements which would have the effect of depriving one or more unit owners of the regular use of the common elements. e. Neither the Association nor any Unit Owner shall make any use of the common elements which violates any provisions of the Ordinances of the Town of Highland Beach or any other governmental entity having jurisdiction over the condominium. f. No Unit Owner may alter the color, appearance or structure of the exterior of his or her Unit in any manner which would cause the units of the condominium not to appear to be a part of the same community as the remaining units in the condominium. By way of explanation, the Town of Highland Beach has required that the condominium appear to be a single entity, consisting of architecturally and aesthetically related patio villa units. Accordingly, the Units must be maintained with a similar exterior appearance designed to be~harmonious with the other Units and not to set one unit apart aesthetically from the other. While this 11 • n U does not require that all units will be identical in every aspect, it does require that differences among the units be minimized. In order to assure that this use restriction is observed, any Unit Owner desiring to change the exterior appearance of his or her Unit shall give notice of the proposed change to the Association and shall obtain the approval of the Association before proceeding with the change. In the event that any owner shall make a change which is not approved by the Association in advance, the Association may, at the discretion of its Board of Directors, require the Unit Owner to restore the property back to its former condition, or to further modify the Unit so as to come into compliance with the foregoing provisions of this paragraph. NotwithstandiAg anything to the contrary herein contained, none of the provisions of the foregoing use restrictions labelled 14 a - f may be deleted, or amended in any way, without the consent in writing of the Town of Highland Beach, Florida, or any successor municipal entity having direct jurisdiction over the real property from which the condominium has been created. 15. 'RESTRICTIONS ON SALE, LEASE OR TRANSFER. Every Unit Owner desiring to sell, lease or otherwise convey his or her Unit (except to: a trust intended to be controlled by or on behalf o~ that Unit Owner, his or her spouse or his or her child or children; a spouse; a parent; a sibling or a child of the Unit Owner) , shall advise the Association no less than sixty ( 60 ) days prior to the date on which 12 ~ ~ ! • the sale, lease or other conveyance of his or her unit is proposed to take place, of the name, address, and social security number of each party who is proposed to own and each party who is proposed to occupy the unit being conveyed, along with such other information as the Association may from time to time request with regard to such applications, and a copy of the proposed instrument by which the conveyance is to be effected, along with, if not already contained in the foregoing documents, a complete description of the terms upon which the conveyance is to be made. ' The Association shall have the right of first refusal to accept the sale, lease or other conveyance of, the property from the Unit Owner on the same terms and conditions as have been offered by the Unit • Owner to the prospective purchaser, tenant or transferee, by giving notice in writing to the Unit Owner of its intention to do so within thirty (30) days of the :Association's receipt of the foregoing documents from the Unit Owner. The Association may assign its right of first refusal to any other person or entity. In the event that the Association determines that any proposed transaction is not bona fide, it shall notify the Unit Owner in writing within the aforesaid thirty (30) day period that it has determined the proposed transaction not to be bona fide and that the transaction shall not be permitted to be made. If the Association does not exercise its right of first refusal within thirty (30) days of the Association's receipt of the foregoing • 13 • documents, other than for lack of bona fides as set forth above, the Unit Owner may complete the proposed transaction. No sale, lease or other conveyance shall be valid unless the above proceedings have been complied with, and any such sale, lease or other conveyance which purports to have been made which is not in compliance with the foregoing provisions shall be null and void. 16. RESOLUTION OF DISPUTES. In the event of any dispute arising under this Declaration of Condominium, or under the Articles of Incorporation or By-Laws attached hereto, the Unit owners and the Developer hereby are deemed to have agreed to submit such disputes to binding arbitration pursuant to the Arbitration Code of the • State of Florida before any duly-qualified arbitrator or arbitration service as may be mutually agreed upon by the parties. In the event that the parties cannot agree upon an~acceptable arbitrator, either party to a dispute may file a petition with any Court of Competent Jurisdiction in Palm Beach County, Florida, requesting the Court.. to appoint an arbitrator or arbitration service. All parties taking title to a condominium Onit established by this Declaration hereby are deemed to waive their rights to any other redress of such disputes arising under this Declaration or its Exhibits, unless all of the disputing parties have agreed in writing to submit the dispute to litigation in Court. In any dispute ~arisinq between or among any parties pursuant to any provision of this Declaration or any of its • 14 ~ . .r Exhibits, the prevailing party shall be entitled to an award of its • reasonable attorneys fees and costs from the losing party. 17. AMENDMENT. Given the nature of this small condominium all amendments to this Declaration of Condominium shall be made by written instrument signed by all owners of record at the time the amendment is made and, if any amendment shall materially affect the rights of any lienholder of record, including mortgagees, the written consent of said parties to the amendment. The amendment shah. be effective upon recording in the Public Records of Palm. Beach County, Florida, in the form required by the Condominium Act. 18. S$VSRABILITY. The invalidity of any provision of this declaration, or any part of any provision shall not impair or affect the validity or enforceability of any other provision of this Declaration or the Declaration as a whole. INTENTIONALLY LEFT BLANK SIGNATURES ON FOLLOWING PAGES • 15 • DATED THIS DAY OF 1995. BEL LIDO ESTATES, INC. By Dominick A. Conte, President WITNESSES: Witness One - Signature • Witness One - Print Name Witness Two - Signature Witness Two - Print Name • 16 ~ ~ - J . STATE OF FLORIDA : SS COUNTY OF PALM BEACH Before me personally appeared Dominick A. Conte, well known to me to be the President of Bel Lido Estates, Inc., a Florida Corporation, who after identifying himself to me by the presentation of a Florida Drivers License, executed the foregoing Declaration of Condominium on this day of , 1995. I did not administer an oath to Dominick A. Conte. Notary Public My Commission expires: n U (seal) • 17 y CONSENT OF MORTGAGEE . OF CONDOMINIUM banking corporation, and the holder of a mortgage dated 19 the recorded , 19)))) in the Official Record Book , Page of the Public Records of County, Florida does hereby consent to the filing of the foregoing declaration in accordance with the Section 718.104 of the Condominium Act. Signed, Sealed, and Delivered in our presence as witnesses: By: Present (Corporate Seal) State of ) County of j • The .foregoing instrument was acknowledged before me this day of 19 , President. of , a banking corporation, for the corporation. Notary Public MY Commission Expires 18