You are on page 1of 90

IN: 2006040728 BK; 14909 PG: 1389, 02/02/2006 at 02:01 PM,

$1064.00 KEN Bt)RcE, CLE1K 0F COURT PIMEI.LA$ COUNTY, FT. BY R1CORDING


DEPUTY
125 PAGES
CLKS P18 CLERK:

This instntmenl prepared by, or under the supervision


of(nnd after recording, r9JJwrI"r-

L)ûvid Slicer, Esq.


Ptcldstone .estct Shear & Denberg, LU'
201 Alhuil,ru Circle, Suite 601
Coral Gabio, Plozida 33 134

(Reserved for (rk ofCourt)

DIÇL.4RATION OI CONDOM N I UM
OF
AlUsOR IIICIGfl'fS, A CONDOZ4TNHJM
Arbor Ileights, LLC. a l'lorida limited liability company, hereby declares:
iDjrÛ(lIlctiQn jfldubmjssjQn.
1.1 l'ho Land. rhc Develupor owns the fee title to certain land
located in PineDas
County, Ibrida, as more particularly described in Exhibit I annexed hereto (tue

1.2 Submission Sulterrji. The Developer hereby submits the Land for all
improvements erected or to be erected tItereon, ¿urid alt other property, reel,
personal or mixed, now or hereafter situated on or within the Land (but excluding
all public or private utiJity installations therein or thereon) io the condomium
form of ownership und use in the manner provided Ihr in tim Florida
Condominium Act as it exists on the date hereof.
Without limiting any of the
foregoing, no property, real, personal or mixed, not located within or upon the
Land as aforesaid shall for any purposes be docmcd itart of the Condominium
be subjt to the Jurisdiction of the Association, the operation and effect of thç nr
Florjthi Condominium Act or any rules or regulations prornulguted pursuant
thereto.
1.3 Name, 'l'he name by which this condominium is to b identified Is AR]3Olt
IIFICJI-JTS, A CONDOMINIUM (here inufter called the
2. Definition5. The following terms when used in titis l)eclarmutjon und in its exhibits, and os
it and they muy hereafter be amended, shall have the respective meanings
ascribed to
IIICt in this Section, except where the context clearly indicates a different meaning:
2.1 "Act" means the Florida Condonminium Act (Chapter 718 of' thc Florida Statutes)
as it exists on the date hereof.
2,2 "Articles" (ir "Articles of Il)corl)orathon" mean the Articles of Incorporation of
the Associntion, us amended from tjntç to time.
2.3 "Assesrnemìt" means ¿t share of the funds required for the payment of Common
Expenses which horn time to time is assessed against the Unit Owner.
2,4 "Association" or "Condominium Assocla*lon" means ARBOR I'IFLOHTS
CONDOMINIUM ASSOCIATION, INC., n Florida corporation not for pretil, lime
entity responsible t'or the operation of the Condominium.

I)evIurtjon of Condominium
Arbor 1-teigbis. i Condominium
PINLI COUNTY FI.. OFF. REC. 13K 14909 PG 1390

2.5 "Asocjat0 property" means ti-me property, real und personal, in


Ownership is vested in The ASsociatiOn for the use and benefit of which title or
its members
2.6 "flc,j" or 4'flonrd of flirectorN" means the board of directors and the members
of the board of director; 1omn time to time, of the Association.
2.7 )3iilìding" means the structure(s) in which the Units and the Common
arc located, regardless of flic number of such structures, which blemcnts
Condomini un-1 Property. are locate(t on the
2.8 'Hy-laws" mean the fly-Laws of the Association, us amended from time to time.
2.9 "Cornumon Elements" mean and include;
(u) The portion of the Condominium Property which are not includeI
the Ujt. within
(h) Easements through Units tbr conduits, CIIICIS, plumbing, wiring and other
facilities for the furnishing of utility and other services to Units and the
Comrn EIemcits.
(o) An casement ofsupport in every portion oía Unit which contributes to the
support of the Building.
The property and installations required for the furnishing of utiIiti
other services to more than one Unit or to the Common Elements. and

Any other parts of' the Condominium Property (IcsignmItect as ComIneo


Elemcnt.s in this I)cchtraljon,
2. lO "Common Expnes" mean all expenses incurred by the Association for the
Condominium, For nil purposes of this £)eclmmration, "Comrno Expenscs" shalt
also include all reserves required by the Act or otherwise established by the
Association, regardless of when reserve ftnds are expended, but shall not include
any other separate obligations of individual Unit owners. For all purposes of this
I)ecIaratiOn, "Common Expenses" shall also include: (i) all reserves required by
the Act er otherwise eatabished by the Association, regardless of when reserve
funds are expended; (ti) the cost of a master anlCnflti tc1uvjio system or duly
franchised Cable tcleviioru service obtaínd pursuant to a bulk Contract; and (iii) if
applicable, costs relating io reasonable transportation services, insurance
directors and officers, road maintenance nIlci operation expenses, and in-hause for
COn)municatjon and surveillance systems.
2.11 "Comuin Surplus" means the escess of all receipts elche Association c011ected
on behalf of' the Assoejatioti, jnclu<Jjn, but not limited to, Assessments,
profits and revenues on account cl' the Coimirnon llements, over the amount rents,
Common lxpties. O1

2.12 "CondomInium Parcel" means a Unit together- with the undivided share in the
Common Elements which is appurtenant to said Unit; and wheim the context
permits, the term includes mull other appurtenances to th Unit.
2.13 "Condominium Property" means the lanri, improvements and other property
descr-jbd in Sect!00 1.2 Imercol; subject to ¿he limitations thereof
therefi-om and exotusions
2.14 "County" means the County of Pinchas, Slate of Florida,
2. 1 5 "Declaration" or "Declaration nf Condonsiujura" means this instrument, as it
may he amended fr-orn timo Io lime.

2
Declanjtjo oF Condom i n iurmi
I Jethts. ii CondCn)Irljt,ln
INgL,LAS COUNTY FL OFF. 1EC. t31Ç 14909 BG 1391

2.16 "l)evcioper" means Arbor Heights', LLC, a Florida limited liability company, its
successors and such of' its assigns as to which the rights ol' Developer hereunder
are specifically assigned und any mortgagee which Is the successor to the interest
of the Developer, to the etent such mortgagee accepts the rghts and obligations
of the Developer. Developer may assign all or a paillon of ita rights hercunder, or
nil or a portion of such rights in connection with specific pariions of the
Condominium. In the event of any partial .ssignrnetit, the assignee shall not be
deemed the Initial Developer, but may exercise such rights of Developer as arc
specilicully assigned lo it, subject to the requirement ot' Florida law that a
subsequent developer cannot retain control of the Association unless it has'
received a qualifying ussigrnncnt of' the creating developer's' rights and
obligations. Any such assignment may he made on u non-exclusive basis.
2.17 "I)fspute" for purposes of Sç1ion 19.1, means any disagreement between two ot
more parties that involves: (a) the authority of the l3ourd, under Chapter 71 8,
Florida Statutes, or under this Declaration, the Articles or fly-Laws ta; (i) require
any Owner to take arty action, or not to take any action, involving that Owner's
Unit; or (ii) alter or arid to ¡j Cotutnon Element; or (b) the failure of the
Association, when required by law or this L)oclarulion, the Articles or By-Laws
to: (i) properly conduct elections: (ii) give adequate notice of meetings or other
actions; (iii) properly conduct meetings; or (iv) allow inspection of books and
records, "Disputo" shall not include any disagreement that primarily Involves title
to any Unit or Common lemen*s; ihe Interpretation or -enl'orcernent of any
warranty; or the levy of' a fee or Assessment or the collection of an Assessment
levied against n party.
2.1 8 "I)tvjjo" means the Division of' Florida Land Sales, Condominium and Mobile
1-Ionica of the Department of }usines's' and Professional 1egu1aUon, State of
Florida.
2, I "First Mortgagee" means any person or entity that is the bolder of' a first
mortgage lien on a Unit.
2.20 "Improvements" mean all structures and artificial changes to the natural
environment located on the Condominium Property including, but not limited to,
the Buildings.
2,21 "Jnstitutionl First Mortgagee" means a bank, savings and loan association,
insurance company, real estate or mortgage investment trust, pension fund, an
agency of the United States Government, mortgage banker, the Federal National
Mortgage Association ("FNMA"), the Federal Home Loan Mortgage Corporation
("FHLMC") or any other lender generally recognised as an institutionul lender,
or the Developer, holding a first mortgage on a Unit or Units or Condominium
Property. A "Majority of Institu*ional FIrst Mortgagees" shall mean and refer
to Institutional First Mortgagees of' Units to which ElI least fifty-one percent (51%)
of the voting interests of' Units subject to mortgages held by Inslitutional First
Morigagees are appurtenant.
222 "Limited Common Elements" mean those Common Elements the use of which
is reserved to a certain Unit or Units to the exclusion of other Units, as specified
in this Declaration, ß.eferences herein to Common Elements also shall include all
Limited Common Elements unless the context would prohibit or it is otherwise
expressly provided.
2.23 "Primary tnsfftufioual First Mortgagee" means the Institutional First
Mortgagee which owns, at the relevant time, Unit mortgages securing a greater
aggregate indebtedness than is owed to any other institutional First Mortgagee.
2.24 "Special Assessment" means arty Assessment levied against Unit owners other
than Assessments required by a budget adopted annually.

3
LecIsrsi ion of Condominium
Arbor IIeigh$s, a Condom lai jim
PINLLA COUNTY FE O1ïf. 1F.C. ßK 14909 PG 1392

2.25 "Unit" means a part of the Condominium Property which is subject to eXclusive
ownership.
2.26 "Unit Owner" or "Owner of a UnIt" or "Owrter" means the Owner of u
Condominium Parcel.
2.27 "Votitig Interest" means hie voting rights of the Association members pursuant
In the Articles und By-Laws.
3. 1)escriptjonf the Condominkun
3.1 Clentit'icatiûri of units. The Land has constructed thereon fourteen (14) Buildings
containing one hundred eighty-two (182) Units. Ihteh such Unit is identified by a
separate designation. The designation of each of such Units is set forth on
Exhibit 2 attached hereto. lxhibit 2 consiSts of u survey of the Lund, a graphic
description of the Improvements located thereon, including, but not limited io, the
BuitdIg in which the Units are located, and a pial plan thereof. Said Exhibit 2,
together with this Declaration, is sufficient in detail to identify the Common
Elements and each Unit and their relative locations and dimcnsìons, There shall
pass with a Unit as appurtenances thezeio (a) an undivided share in the Common
ilements and Common Surplus; (b) the exclusive right to use such portion of the
Limited Conunon Blements as may he provided In this Declaration; (e) an
-exclusive easement -fer the- use of the airspace occupied by the Unit as it exists at
any particular time arid us the Unit may lawfully he altered orxeconstructcd from
tinte -to time, provided thai un easement in airspace which is vacated shall be
let-minuted automatically: (d) membership in the Association with the full young
rights appurtenant thereto; and (e) other appurtenances as may be provided by this
Declaration.
32 Unii Boundaries. finch Unit shall include thai part of the fluilding containing the
Unit that lies within the following bounduvies:
(a) Lj.pr and ¡ .nwer ¡3oundaris. The upper and lower boundaries of the
Uttit shall be the following boundaries extended Io their planai
intersections with the perirnetrical boundaries:
Upper Boundaries. 'The horizontal l)tanc of' the unfinished lower
surface of the ceiling (which will be deemed to be the ceiling al'
th second story if the Unit is a two-story IJniI, provided that in
two-story Units where the lower boundary extends beyond the
upper boundary, the upper boundary shall include that portion of
the ceiling of the tower floor for which there is no corresponding
ceiling on the upper floor directly above such bottom floor
ceiling).
Lower QuJglarjes. The horizontal plaie of the unfinished tipper
surface of the floor of the Unit (which will be deemed to be the
floor of the first story it' the Unit is a two-Story Unit), provided that
in two-story Units where the upper boundary extends beyond the
lower boundary, the lower boundary shall include that portion of
the floor of the upper floor Ihr which there is no cori'esponding
floor on the bottom floor directly below the floor of such top licor.
Interior ivisiuna. Except as provided in subsections (i) end (ii)
above, no part of the floor of the top hoar, ceiling of the bottom
floor, stair-well adjoining the two floors or nonstructurui interior
wells shall be considered n boundary oh' the Unit.
(b) Perimetricuij3oundarics, The perinietrical boundaries of the Unit shall he
the vertical planes of the unfinished interior surfaces of the walls bounding
the Unii extended to their planar intersections with each other and with the
upper and lower boundaries.
4
Declaration oF Cendorniniunt
Arbor HaiIils, a Cundatni,) jam
INEj Cotiw'ry E1 QF'. REC. ax L4909 PG 1393

(e) Apertures. Where there ure apertures in any boundary, including, but no
limited to, windows, doors, bay windows and skylights, such
shall be extended tu incjde the windows, doi'5 and other lixtures boundaries
in such apertures, including all frameworks, window casings localed
stripping thereof Exterior snrfhccs made of glass or other und weather
transparent
material, and The cxterjojs of doors, all wires, conduits, duets,
vents,
concrete joists and other Stich tiicilItls serving mow than one Unit located
within any walls, including dIvldr walls, or above the nonstructural
acoustical ceiling lying below the upper boundary of the Unit, shall not be
included in the boundaries of the (Joft and skutll therefore be Common
Elements.
(d) Excapti. In ensus not specifically covered above, and/or in any case of
conflict or ambiguity, the survey of the Units set forth na Exhibit
shall control in determining the boundaries of a Unit, except that 2 hereto
provisions of Stjon 3,2(e) aboye shall control unless specifically the
depicted otherwise on such survey. The air-conditioning closets and air-
handlers and condensing units located therein shall be part of the Unit they
serve.
(e) Property Exckided from Units. A Unit shalt not be deemed to Lncld
foundations, ûIun, girders, bcait-ts supports, exterior walls, interior
load bearing walls, pfllrs, -underlying floors, essential and permanent
instuilatjos and equipment for power, lights, and exhaust Ihna,
pipes, conduits, ducts, vents and other service and utility lines und all
utilized for, serve, pass through mure then one Unit or th -which are
Elements. Common
3.3 Ljniited Corprno Elemente. tuch Unit may have, to the extent applicable and
subject to the provisions of this I)cclrtio, itS Limited Common
appurtenant thereto: Elements
(a) Patio. Balconies and j'tn-races, Any patio, balcony or terrace (and all
improvements thereto) as to which direct and exclusive access shall
afforded to any particular Unii or Units to the exclusion of others shall be
he
a Limited Common Element of such Unit(s). The Association shall be
responSible for the cost of maintcnaxce of the struettiral and mechanical
elements of any such Limited Common Elements, with the owner of the
Unit io which they are appurtenant to be responsible for the general
cleaning, plant care and the upkeep of the appearance of the area.
(h) Miscelluneous Areas.. Equipment. Any fixtures or equipment located not
within a Unit (e.g., an air conditioning compressor or hot Water heater)
serving n Unit or Units exclusively and any arca upon/within which
lixtures or equipment arc located shall be Limited Common Elementssuchof
such Unit(s).
(e) parking Spaces. Parking for the Condoniiniurn is part of the Common
Elenumta cf the Condominium on the Condominium Property. Th
parking spaces shown on It,xl.ìblt 2 of the Declaration muy be assigned to
a Unit (which assignment need not be recorded in the public records of the
County) by the Developer (for iu long as the Developer offers a Unit for
sale in ti-te Condot-ninjurn, and thereafter by the Association), whereupon
shall become Limited Common Elements of the (mit to which it it
is
assigned. Any consideration paid foi- the assignment of the parking spaces
shall belong to the Dveloper.
A Unit Owner may assign the Limited Common Element parking Space
appurtctiuit to his Unit it) another Unit by written instrument delivered to
(and to be held by) the Association; provided, however, that no Unit may
be left without one Limited Common Element parking space. Upon
5
t)cc};arSI iOfl of Condoiiiiiuiii
Arbor Heighis, a condo,niniam
PIN5I..LAS COUN'r FL OFF. REC. mc 14909 PG 1394

making such ssignmenl, the Limited Common Element so assigned shall


become an appuJ-teflttIce to the Unit(s) and shalt pass with title thereto
regardless of whether or not specifically referenced in the deed or other
instrument of conveyance of the Unit.
As to any Limited Common Element parking space which was originally
nssigncd by the Developer to a Unit owned by the Developer, the
Developer reserves the right, at any time provided that the Developer stili
owns said Unit, to reassign such parking space, provided that t all times,
cacti Unit shall have one Limited Common Element parking space.
Other Eqpipjncnt. Air conditioning equipment or other cciuipmcnt serviug
one or more but not all Units shall be n Limited Common Element of the
Unit(s) so served, with the Association lo maintain such equipment at the
sole cost and expense of the Unit Owner(s) served by said equipment. The
cost of maintaining said equipment shall be divided equally among the
Units served by said equipment. In the event that physical changes in the
Building restilt in additional Units being served by such equipment or, itt
the alternative, UnIts ceasing to be so servetj, then the equipment shall be
a Limited Common Element appurtenant to the Units added and shall
cease to be one to the Unlis deleted.
Other. Any other portion1 the Common Elements which, by--t. nature,
cannot serve all Units hut serves one or mot-e Units (other than exterior
staircases and walkways not labeled as Limited Common Elements on
ExhibIt ¡ hereto) shall be deemed limited Common Elements of' the
Units served, in the event al' any doubt or dispute us lo whether any
po jion at' the Common Elements constitutes Limited Common Elements
or in the event of any question as to which Units are served thereby, u
decision shall be made by the Board of X)irectors and shall be binding and
conclusive when so mude.
3,4 tZasepients, The following easements arc hereby created (in addition to any
easements created tinder the Act):
(di) Support. Each Unii, the Building and Improvements shall have an
easement of support and of necessity under and upon, and shall be subject
to an cuscinetti of support and necessity in favor of all other Units, the
Common Elements, and any other structure or improvement which abuts
any Unit, the Building and the Improvements,
(b) UtIlity and OtherSrvices; Drainize. Easements arc reserved under,
through arid over the Condominium Property us may be required from
time to time for utility, cable television, communications and security
systems, and other services and drainage in order to serve the
Condon-tinium. A Unit Owner shall do nothing within or outside his Uflit
that interferes with or impairs. Or may interfere with or impair, lite
provision of such utility, cable television, communications und security
systems, or other service or drainage facilities or the use of these
casements. The Board ot'1)lrectors of the Asociatioa or ils designee shall
have a right of access to each Unit to inspect same, to maintain, repair er
replace the pipes, wires, ducts, vents, cables, conduits and other utility,
cable tcicvijoi-i, communications and similar systems, hot waler heaters,
service and drainage lbcilities, and Common Elements coutnined in the
Unit nir elsewhere In the Condominium Property, and to remove any
Improvements interfering with or impairing such l'uciiities or casements
heroin reserved; provided ueh right of access, except in the event of an
emergency, shall not unreasonably interfere willi the Unit Owner's
pennittod use of the Unit, and except in the event of' On emergency, entry
shall be made on not less than one (1) days notice (which notice shall not,
however, br required it'thc Unit Owner is absent when the giving of notice
is attempted). Drainage systems on the CondominiLint Property, if any,
6
)ecIn-stioi, of Cotrdonultiurn
Arbor 1'Ieghts, a Condominium
PINLLAS COUNTY IL OFF'. REC. 131< 14909 PO 1395

shall be rnaintaincd COntiuuou3Iy in gOad condition by the Associ1on and


Casements are granted hcreby over all Iinia in favor ut nU Ownr nd thc
Association with respect thereto.
(C) Hfcrochrnent. If (a) any portkn of the Common }1ement crierouches
upon any Unit; (b) ny Unit (or Limited Common Element appurtenant
thereto) encroaches upon any other Unit or upon any portion of the
COmmon EIemcits (e) any Improvements encroach upon Common
Elemcnts ; (cl) any Common 11cinents or improvrments' of another
COfldOyfljflklm created within the complex encroach upon the
Condominium Property; 01 (e) any encroachment shall hereafter OCCUr as a
result (if () construction of the 1mproverncnt; (ii) settin or shitlín of
che Improvements; (iii) any aiteralion or rtpair to the Caninion Hiemenis
n-iade by or with the consent of the Association or Deve1per, as
appropriate, or (iv) any repuit or restoration of tiw Improvements (or any
portion thereof) or any Unit after dnnmge by fire or other casualty or any
*akin by coflden)z)atjon or cmincnt domain proceedings of all or any
portion of any Unit or the Common Elements or common arcas, then. in
any such evcni, a valid easement hl1 exi8t Cor such eiuroachmeni ftncI for
the maintenance ot samc so long aa the Improvements or the reIvan*
in1prOvernen1s' ofanother condomjntuxn within the complex shall sutrid.
A non-e,clusive casement in fnvoi of each Unii
Owner. rcsideni of the Condominium, their guests and invitees and the
Association and its employees and agents shall exist for pedestrian traffic
over, through aid across sidewalks, streets, paths, waJks and other
portions of tite Common FIemcnts, as from time to time muy be intended
and designated for such urse and use; and for vehicular and pedestrian
traflic evcr through arid across such portions of the Common l2Icmexlts, a
from time to time may be paved und intended ibr stich purposes. None of
the easements specified ¡n this subparagraph (d) shall be encumbered by
any icaseholLl or lien other thim those on the Condominium. Any such lien
encumbering such easements (other than those on Condominium)
automatically shall be subordinate to the rights of Unit Owners and the
Association with rospect to such easements.
Construetiom Mai litena lice The f)eveloper (including its designees,
contractors, successOrs mortgagccs and assigns) shall have the right, in its
(and their) sole discretion from time to time, to enter the Condominium
Property and take all other action necessary or convenient for the purpose
of completing the construction thereof, or any part thereof, or any
Improvements or Units located or to be located thereon, and construct any
adjacent condorj-tjum building and to construct any improvements and
fòr repair, replacement and maintentu-tee purposes or where the Developer,
in its oÌe discretion, determines that it is required.
(i) Sales aiLd Leasing Actiyity.. lor us long as the l)eveloper is offering any
Units for sole in the ordinary course of business, the Developer, its
designees, successors rnortgagces and assigns, shall have the right to use
any such Units and parts ot the Common Tlements for guest
accommodations, model tipartinents und sales und consiruction offices, to
show model Units and the Common btements to prospective purchasers
and tenants of Units, and to erect on the Condominium Property si5115 and
other promotional material Io advertise Units for sale or lcae and for any
other similar purpose the Developer deems appropriate in its opinion,
(g) Additnat Hainent. lite Developer (us long as it is olïbring any Units
Cor sul in the ordinary course of business) und the Association. oit their
behalf and on behalf of all Unit Owners (each of wheat hereby appoints
the Developer and the Association as its attorney-in-fact for this purpose),
each shall have the right to grant such additional general ("blanket") and
speeiíi elcetric, gas or other utility, cable television, security systems,
7
I)cclarstion oÇ Couorninium
Arbor I f eights, a Cotidomirikito
PINLr.As COJNTY FL OFF. REe. 1K 14909 PG 139e

communications or service easements (and appropriate bills of sate for


equipment, conduits, pipes, tines and similar inStallations pertaining
thereto), or relocate any such existing casements or drainage facilities, in
any portion of thc Condominium Property, und to grant accesa easements
or rekcttte any existing access easements in any portion of the
Condominium Property, as the Developer or the Association shalt deem
necessary or desirable t'or the proper operation and maintenance of the
Improvements, or tny portion thereoF, or t'or the general health or welfare
nl' 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 nut prcvcnt or unreasonably interlre with the reasonable
use of the Units for dwelling purposes. The Dcveloper's right to grant
additional easements as provided in this Section 3.4 shall be cancelable by
the AsoclatLon aftcv the Unit Owners, other than the Developer, have
assumed control of the Association.
Sipp01 of A4JaCrIt Structures. In the event that any structure(s) is
constructed so as to be connected in any manner to (h Building, then
there shall be (and there i hereby declared) an casement of support for
stich structure(s) as well as for the installation, maintenance, repair and
replacement of all utility lines and equipment serving the adjacent
structure which are necessarily or conveniently located within the
Condominium Property (provided that the use ofthis casement shall not
unreasonably interfere with the structure, operation or use ot' the
Condominium Property or tho Building).
Divider Walls The wall separating the Unit of one Owner from the Unit
of a vertically or horizontally a4joining Owner shall be vetrred to as a
"divider wall". A divider wall shall not be removed or constructed by an
Owner, except as provided in this subsac*ion 3.4(i). In the event a (Jait
Owner acquires an adjacent Unit and a divider wall is no longer necessary
to completely separate the adjoining Units, the Owner may remove the
divider wall or construct or cause to be constructed ¿t doorway or
passageway between the adjoining Units (and an casement is hereby
reserved and granted for such purpose) hut only alter having obtained all
rcìuircd governmental approvals, approval ofihe Board, and ha complied
with all reasonable restrictions imposed by the Board. 'Fhe removal of the
divider wail or the construction of such doorway or passageway shall be at
the sole cost and expense of the Owner performing same and such removal
or construction shall not diminish, or in any way impair, the structural
integrity or soundness of the Building. When title to adjoining Units
(which do not then share a completo divider walL) shall vest in two
individuals or entities who thereupon become vertically or horizontally
adjoining Unit Owners, then the Owners of such adjoining Units, acting
together, musi construct, sharing the costs and expenses therctbr equally, a
divider wall to completely or partially separate said adjoining Units. A
divider wall may not be constructed or erected, however, until the review
(at the expense of the Unit Owner) and consent of the Association and
until all governmental approvals, as atbresnid, bave been obtained. Any
such construction shall be effected at the expense of the Owner(s)
performing same and in accordance with the plans and specifications l'or
construction. In rio event may a divïder wall be constructed if tho
structural soundness of the Building may in any way be affected thereby.
Adjoining Units which share n divider wall shall have a cross-easement of
support in the divider wall, Bach Owner shall be responsible For any
damage caused to a divider wall by its negligent or intentional acts or the
negligent or intentional acts of its employees or agents, and the cost of
said repair shall be the specific obligation of that Owner. Notwithstanding
anything io the contrary, in the event a Unit Owner combines two (2) or
more Units, for the purposes of determining the amount of Assessments
due, the combined Units will be treated as separate Units and the Unit
Owner will be responsible for the payment of Assessments l'or each Unii,
g
I)rc Iarattcin tf CencIomirlj%4m
Arhur ttehts, a Coridorntnhini
PINTLp COUNTY ET.. OFa'. RC. BK 14909 PG 1.97

Restraint Upon Separation and Partition oîConrnon Rlejnents The undivided share In
the Common Elements and Common Surphi which is appurtenant to a Unit, und the
exlujye x-ight, or shared right us applicable, to use all appropriate appurtenant
Cotnnioi Ekn-ients, shall not be separated thcTe1om und shall pass with the title LjntItCLI
Unit, whether or not separately described. 'l'ha appurtenant share in the Common lo the
l-ternents and Common Surplus, and the exclusive right to use all Limited Common
Elements appurtenant to a Unit, except as elsewhere herein provided to the contrary,
esunot he conveyed or encumerad except together
in the Common Elements appurtenant to Units shall with the Unit, Thc respective shares
remain undivided, and no action for
psrtition of' the Common Elements, the Condominium Property, or any part thereof, sh1l
lic, except ¿Is provided herein with respect to termination of the Condominium.

Voting Rights. Share oCpmmn lpen


5.1 Percentage Ownership and Shares. The undivided interest in the Common
Elements-Common Surplus, ¿md the percentage share of the Common Rxpcnses,
appurtenant to each Unit, ¡s set fòrth in E?xhibft 3 aunched hereto and made a part
hereof. All persons are hereby notified that such percentage shares were
calculuied in accordance with approximate adjusted square footage computations
of thc Unils in relation to the total square footage of all of the Units.
5.2 Votiflg. Each Unji shall he entjtled toorce (I) vote to be cast by its Owner in
accordance with the provisions of the By-Laws and Articles of Incorporation of
the Asocjntjo0, tach Unit Owner shall be a member of the Association.
Amcncntents. Except us elsewhere provided herein, amendments to this Declaration may
be effected as follows:
6.1 13y The Assooiatlon Notice of the subject matter ola proposed amendment shall
be included in the notice of any meeting at which a proposed amendment is to b
considered. A resolution for the adoption of a proposed amendment may be
proposed either by a majority of the l3oard of Directors of the Association or l)y
not loss than one-third (11:4) of the members of th Association, Directors arid
members not present in personor by proxy at the meeting considering the
amendment may express their approval or disapproval in writing to the
Assocjatj after such meeting, However, such approval or disapproval may not
be Lised ¿is a vote l'or or against the aetion tuken and tony not be used for the
purposes of creating a quonirn. Except as elsewhere provided, approvals musi be
by affirmative vole of Unit Owners owning in excess of a majority of th Units,
For further information regarding proxy voting, please refer to the Association's
By-laws,
6.2 13y The Developer. Notwithstanding anything in this Declaration to the contrary,
the Developer, during the time it has the right to elect a majority of the Board of
Directors of the Assocjtjun, may amend the Declaration, the Articles of
incorporation or the fly-Laws of the Association or the rules and regulations of
the Asoeiatlon, without the vote or consent of Unit Owners or tli Association,
except tòr a "material amendment" described below, which shall be approved by a
vote of the majority at' the total voting interests of the Association, unless required
by any governmental authority, in which case no approval is required. A
"material amendment' means art amendment which changes the confIguration or
size of any Unir in a material fashion, materially alters or modifies the
appurtenances io any Unit, creates timeshare estates, or changes the percentage by
which the Owner of a Unit shares the Common Expenses and owns the Common
Elements and Common Surplus.
6.3 Fcccution ¿md Rccoding. An amendment, other than amendments made by the
l)cvetoper alone pursuant to the Act or this Declaration, shall be evidenced by
certificate of the Association which shall include recording data identifying thea
l)eclaralion und shall be exCcuted with the saine formalities required for the
9
I)ecI,tiatío,, ofCOfldoitnjui
Arbor I IeiijIit, i Condominhin,
PINF.LLAS COtJN9'Y 1?L O1?F. REC. 33K 1490t) PG 139t3

execution of a deed. Amendments by the Developer must be evidenced by u


similar e hueste executed by the Developer alone. An amendment of' the
l)eclaration is effective when the amendment and the applicable certificate are
properly recorded In the publie records of the County,
6.4 l'roviso Regnrdig Mujerjat Arendmcnts. Except t'or amendments made by the
Developer as provided in Section 6.2 alxve, and us otherwise provided
specifically to the contrary in this Declaration, no amendment shall change the
Configuration or size of any Unit in any material fashion, muterially alter or
modify the appurtenances to any Unit, or change the percenhitge by which the
Owner of a Unit shares the Commun Expenses and owns the Conimon Elements
und Common Surplus, unless the amendment i.s approved by u Vote of seventy-
live percent (75%) of the total Voting Interests of the Association, ineludin the
Owner(s) of' the Unit(s) affected by the change, unless the amendment is required
by any governmental entity, in which event no such approval is required. No
amendment may he adopted which would eliminate, modif', prejudice, abridge or
otherwise adversely affect any rights, benefits, privileges or priorities granted or
reserved to the Developer without the consent of said Developer in each instance.
The provisions of this Section 6.4 muy not be amended in any manner without the
consent of the Developer us long as the l)cveloper is offering Units for sale in the
ordinary course of business. l'he acquisition of property by the Association,
material alterations or substantial additions to such property or thìe Corro-non
Elements by the Association and installation, replacement and maintenance of'
approved hurricane shutters, if in accordance with the provisions of this
Declaration, shall not be deemed to constitute a material alteration or modification
--of the appurwnances of the Units, arid accordingly, shall not constitute a Materia]
Amendment.
No provision of this Declaration shall be revised or amended by reference to its
title or number only, Proposals to amend existing provisions cl' this Declaration
shall contain the full tcxt of' the provision to he amended; new words shall he
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, th understanding of' the proposed amendment, ii
is not necessary to use underlining and hyphens us indicators of words added or
deleted, but, instead, a notation must be inserted immediately preceding the
proposed amendment ini substantially the following language: "Subtantil
rewording of Declaration, Sec provision.., for present teNt." Nonmntcnial errors
or omissions in the amendment process shall not invalidate un otherwise properly
promulgated amendment,
6.5 Mortgagee's Consent, No amendment may be adopted which would eliminate,
modify, prejudice, abridge or otherwise adversely affect any rights, benefits,
privileges or priorities granted or reserved to montgugees of Units without the
consent of said monigagees in euch instance; nor shall an amendment make any
change in the Sections hereof entitled "Insurance", "Reconstruction or Repair a:fter
Casualty", or "Condemnation" unless the Primur-y Institutional First Mortgagee
shall join in the amendment. Except us specifically provided herein or if required
by FNMA or FIILMC, the consent and/or joinder of any lien or mortgage holder
ori a Unit shall not be required t'or the adoption et' an amendment to this
l)cclaratiun mind, whenever the consent or joinder of a lien or mortgage holder is
required, such consent or joinder IittlI not be nnreasonubly withheld.
7. Maiiitçnaricc and Reuirs.
7.1 t.)nit. AIL maintenance, repairs and replacements of, in or to any Un it, structural
tsr nonstt-uctural, ordinary ot' extraordinary, including, without limitation,
maintenance, repair and replacement of winidow, the interior side of the entrance
door arid alt other doors within or aftbrdìng access to n Unit, und tise electrical
(including wiring), plumbing (including fixtures and connections), heating and
airconditioning equipment, fixtures and outlets, appliances, carpets mid otlìer
floor coverings, all interior surfaces and the entire interior oÍ'the Unit lying within
to
Dccjamtjon of' Coctotni jam
Arbor I luighits, a Cpndoirijniuin
PINEI,IJ COUNTY FL OrF. REO. BK 14909 PG 139g

the l)OUfldarie' oF the Unit or th Limited Common Elements or other property


belonging to the LJrtit Owner, shall be pertbrmed by the Owner of such Unit at the
unit Owners sole cosi und expcnsc except us otherwise expressly provided lo thu
contrary herein.
7.2 Common llements unL Limiied Comnllcmcnts. lxccpt to the extent (i)
expressly providcd to the contrury herein, or (ii) proceeds of insurance are made
available therefor, all tnainterignce, repairs and replucenients in or tu the Common
Elements and limited Common Elements (except as expressly provided to the
contrary wit) respect to cooling tower, air conditioning equipment and other
equipment, which service a pat-ticular Unit or UNIts, but not all Units) shall be
performed by the Association and the cost and expense thereof shall be charged Lu
all Unit Owners as a Common lixpense, except to the extcn4 arising front nr
necessitated by the negligence, misuse or neglect of specilic Unit Owners, in
which case such cost and expense shall be paid solely by suelt Uflit Owtiers. Any
Unit Owner who causes damages to any part of the Common Elements or Limited
Common Elements shalt indemnify and hold the Associatiofl and Developer
harmless from all costs, expenses and claims in connection with such damage.
7.3 pujfic lipit Owner 1ponsihiLftv. Except as expressly provided to the contrat-y
herein, obligation to maintain and repair any equipment, fixtures or other items of
property which service a particular Unit or Units shall be the responsibility of the
ap-riicahle Unit Owners, individually, and not the Association, without regard to
whether such items are included within the-boundaries cf tite Units, provided that
if noi within the boundaries of a Unit, same must constitute or lie within a Limited
Common Jilement appurtenant thereto,
8 Additions, flrations hythe Aasociatìn Whenever in the judgment
of the Board of Directors, the Common Elements, the Association Property or any part
thereof, shall require capital additions, alterations or improvements (as distinguished
from repairs and replacements) costing in excess cf 25% of the annual budget for the
Association in the aggregate in any calendar year, the Association may proceed with such
additions, alterations or Improvements only if the making of such additions, alterations or
improvements shall have been approved by a majority of the Units represented at a
meeting at which n quorum is attained. Any such additions, alterations or improvements
to such Common Elements, or any part thereof, costing in the aggregate less than 25% of
the annual budget for the Association in a calendar year may be made by the Association
without approval of' the Unit Owners. The cost ¿md expense of any such additions,
alterations or improvements to such Cominozi Elements shall constitute a part of the
Common Expenses and shall be ssessed to the Unit Owners as Common Expenses. For
purposes of titis sectiOn, "aggregate in any calendar year" shall include the tatui debt
incurred in that year, if such debt is incurred to perform the abovestawd purposes,
regardless nl' whether the repayment of any part of that dcbt is required to be made
beyond that year.
9. Additions. Aherations orJmprovemrzts 1w Unit Owner.
0.1 Common Eleujents. No Unit Owner shall make any addition, alteration or
iniprovetnent in or to the Common Elements, or any Limited Common Element or
structural change ¡n hi Unit without the prior written consent of' the Board of'
Directors. The Board shall have the obligation to answer any written request by a
Unit Owner tör approval of such an addition, alteration or improvwnent in such
Unjt Owner's Unii or Limited Common Elements within thirty (30) days after
such request and all additional information requested is received, and the failure
to do so within the stipulated lime shall conStitute the Board's consent. The
proposed additions, alterations and improvements by the Unit Owners shall be
mude in compliance with alt laws, rules, ordiriztnces and regulations of all
governmental authorities having jurisdiction, and with any conditions imposed by
the Association with respect to design, structural integrity, aesthetic appeal,
construction details, lien protection or otherwise. Once approved by the Board of
Directors, such approval may not be revoked. A Unit Owner making or causing
to be mude any such additions, alterations or improvements agrees, and shall be
Il
Ducjarutjon ut Conctornin,tijn
Arbor Heights, s Cúndoniltilurn
PINELLAS COUNTY FL OFF, REC. HK t4909 PG 1400

to have agreed, for such Owner, and his heirs, personal represematèves,
suct.essors and assigns, as appropriate, IO hold the L)eveloper, the Association,
and all other Unit Owners harmless from and to indemnify theni for any liability
or damage to the Condominium Property and expenses arising Iherefrorri, and
shall be solely responsible for the maintenance, repair and insurance thereof from
arid aliar that date of installation or construction thereof as may be required by the
Association.
9.2 Acljtíons, Alterations er Irinvemnts by Developer. The foregoing restrictions
of Ibis Section 9 shall not apply to Developùr»owned Units. The Developer shall
have the additional right, without the consent or approval of the Hoard of
i)irectors or other Unit Owners, to (a) make alterations, additions or
irriprovemerits, structural tuai non-structural, interior and exterior, ordinary and
extraordinary, in, to and upon any Unit owned by it and Limited Common
llements appurtenant thereto (including, without limiition, the removal of walls,
floors, ceilings and other structural portions of the Improvements), and (b)
expand alter or add to the recreational facilities until the earlier of such time as
the I)cvcloper no longer offers Units for suie or upon transfer of Association
control,
10. n l)eyeloper_()wne UnU5. Without limiting the generality ofthc provisions of'
paragraph 9.2 above, the Developer shall have the right, wfthoutthe vote or consent of'
the Association or Unit Owners, to (i) make alterations, additions or improvements in, to
and upon Units owned by--the Developer, whether structural or nOn-structural, interior or
exterior. ordinary or extraordinary; and (ii) change the layout or number of rooms ny
Developet-owned Units; provided, however, that the perccnttge interests in the Common
i3lements and share of' the Common Surplus and Common xpenscs of any Units (other
than the al'fecicd Developer-owned Units) shall not be changed by reason thereof unless
the Owners of' stich Units shall consent thereto and, provided lia-ther, that l)eveloper shall
comply with all laws, ordinances and regulations cf all governmental authorities having
jurisdiction in so doing. In making the above alterations, additìons and itnpmvernents,
the Developer may relocate and alter Common Liernents aljUcent to or near such Units,
incorporate portions of the Common Elements into adjacent Units and incorporate Units
into adjacent Common Elements, provided that such relocation and alteration does not
materially adversely affect the market value or ordinary use of Units owned by Unit
Owners other than the Developer. Any amendments to this Declaration required by
actions takcn pursuani to this Paragraph 10 may be effected by the Developer alone,
except to the extent that any of the same constitutes a material amendment, in which
event the amendment must be approved by a majority of voting intcrests of Unii Owners.
Without limiting the generality of Section 6.4 hereoL the provisions of this Section may
not be added to, amended or deleted without the prier written consent of the Developer.
Il. Operation of the Coominiumhy,.jhc AssocIation; Powers an4 Duties,
11. i [',owerc and Duties, The Associriuion shall be the entity responsible foi' the
operation of th Condominium. The powers and duties of th Association shull
include those set forth In the By-Laws and Artiles et' Incorporation of the
Association, as amended from time to time. In addition, the Associatiofl shall
have all the powers and dut jas set forth in the Act, as well as all powers and duties
granted to or imposed upon it by this Declaration, including, without limitation:
The irrevocable right to have access to each Unit and the Limited
Common Llemcriis fron-i time to time during reasonable hours as may he
necessary for the maintenance, repair or replacement of any Common
blements therein, or at any time and by three, il' necessary, for making
emergency repairs therein necessary to prevent damage to the Common
Eleinnts or to any other Unit or Units.
The power to make and collect Assessments (including Special
Assessments) and other charges against Unit Owners and to lease,
rnaintai!, repair and replace the Coimnon hlemcnts.

12
Dectsration of Concjonitnjuì
Arbor t Ici5tils, n Condominium
5LLAs COUNDy Ft. OFF. REC. 13K 14900 ?G 140:1.

(e) 'I'he duty to maintain accounting records according to good accounting


practices, which shall be open to inspection by Uni t Owners or their
authorized representatives at reasonable times upon prior request.
The power to contract for the management 011(1 maintenance of the
Condominium Property and to authorize u management agent (who muy
he an affiliate of the L)evcloper) to assist the Association in carrying out
Its poweis and duties by performing such fbnetions as the submission of
proposals, collection of Assessments, preparation of records, enforcement
of rLles and flinin1erncc, repair nod replacement of Common £lemcnts
with such funds as shall be made available by the Association for such
purposes. The Assoejtitio,i 110(1 its officers shalt, however, retain at all
times the powers and duties grunted in the Condominium documents and
the Condominium Act, including, but noi limited to, the making of
AsSeSSments, promulgation of rules and c(eCutjOn of contrOcts on behalf
of the Association, Any contract as aforesaid shnll be entered into only
&tfter any competitive bidding requirements set forth in the Act have been
met.

The power to borrow money, execute promissory iiotcs and other


evidences of indebtedness arid to give as security therefor mortgages und
security interests in property owned by the Associution. if any, provided
thai ruch actions are approved by a majority--of the entire membership of
the Board of Directors and of the Unitsrepresentcd at a meeting at which a
quorum has been attained, or by such greater percentage of the J3oard or
Unit Owners as may be specified in the fly-Laws with respect to certain
borrowing, provided further that, prior to transfer of Association contrat.
or such time us the Developer no longer offers Units for sale, no such
netion shall be permitted while the Developer owns any Unii without the
prior written Consent of the Developer.
The power to charge a fee t'or the exclusive use of any Common Elements
or Association Property by an Owncr,
'l'hc power to adopt and RtflCn(I rules und regulations concerning the
details of the operation and uso of the condominium property.
The Assocjtion, when authorized by a majority of the Unit Owners has
been attained, shall have the power to acquire, convey, lease und
encumber personal und real property, whether or not contiguous to the
lands of the Condominium. The expenses of ownership (including the
expense of making and carrying arty mortgage related to euch ownership),
rental, membership lees, operation, replacements and other expenses and
undertakings in connection therewith shall be Common Expenses.
The power to employ personnel (part-time or t'oli-time), and if part-time,
such personnel may be employees of other condominium associations and
allocation ut' their cOnipensution shall be equitably, apportioned among the
ossociations for which employee provides service.s.
All ot'ihe powers which a corporation not l'or profit in the State of' Florida
may exercise pursuant to this l)eclaration, the Articles Incorporation, the
fly-Laws, Chapters 607 and 61 7 honda Statutes and the Act, In all cases
except as expressly limited or TeZrictcd in the Act.
l'ue power to sue mui4 defend lawsuits.
In the event of conflict among the powers and duties of tlie Association or the
terms und provisions of this Declaration or the exhibits attached hereto, this
Declaration shall take precedence over the Articles of Incorporation, By-Laws
¡md applieuhl rules and regulations; the Articles of Incom-poration shall lake
precedence over the fly-Laws and pplIcnbte rules and regmilntions; und the Uy-
13
Declaration of Coridomniniwn
Arbor 1-Ilghts, s ConcIoniuinmn
PINEL.L.A$ COUND FI OFF. REC. ßK 14909 PG 1402

Lows shall lake precedence over applicable rutes and regulations, all as amended
from lime to time. Notwithstanding anything in this Declaration or its exhibits to
the contrury, the Assocjtjon shall al lJ times be the entity Jrnving ultimate
control over the Condominium, consistent with the Act.
11.2 Inilation Upon JikiIitpf Asocjnflon.. Notwithstanding the duty of th
Association to maintain and repair paris of the Condominium Property, the
Association shall not be liable to Unii Owners for injury or damage, other than tr
the cost of maintenance and repair, caused by any lutent condition of the
Condominium Property. Further, the AssoCiation shall not he liable for any such
injury or damage caused by defects in design or workmanship or any other reason
connected with any additions. ulterations or improvements done by or Ott behalf
of any Unit Owners regardless of whether 0V not same shall have been approved
by the Association pursuant tu Section 9.1 hereof:
11.3 ß.estgint upon Assiamnent of Shares in Asset. Tue share oEa unit Owner in the
ftuids and assets of the Association cannot be assigned, hypothecated or
lransfbrred in any manner except as an appurtenance tu his Unit.
11.4 jpprovat or I)iapprovaLofMatteza. Whenever the decision of a Unit Owner is
rcquired upon arty matter, whether or not the subject of tui Association meeting,
that decision shall he expressed by the same person who would east the vote for
that Unit if ai an Association meeting, unless the joinder of all record Owners of
the Unit is specifically required by this Declaration or by law.
11 .5 Acts of the Association. Unless the approval or action of Unit Owners, and/or a
CCrtun specific percentage of the Board of !)irectors of the Associtjon, is
specifically required in this Declaration, tito Articles of Ineurporation or I3yLaws
of the AsSoCiation, applicable rules and regulations or applicable law, all
approvals or actions required or permiticd to be given or taken by the Association
shall he given or taken by the Board of Directors, without the consent of Unit
Owners, and the Board may so approve and act through the proper officers of the
Association without a specific resolution. When an approval or action of the
Association is permitted to be given or taken hereunder or thereunder, such action
or approval may be conditioned in any manner the Association deems appropriate
or the Association may refuse to take or give such action or approval without the
necessity of establishing the reasonableness o ï such conditions or refusal.
11.6 Effect on eve1oper lithe Developer holds n Unit for sole in the ordinary course
of business, none of the following actions may be taken without the prior written
approval of the Developer:
(a) Asessmnt of the Developer us a Unii Owner for capital improvements;
(h) Any action by the Association that would he detrimental to the sales of
Units by the Developer; provkled, however, that an increase in
Asscssment for Common lixpenses without discrimination against the
Developer shall not be deemed to be detrimental to the sales ol' Units.
12. l)ctcrmination of Coumo,j. Expenses and t Ixhut 01' Asse rnens Jìtorefor. Tite Board of
Directors shall from time to time, and at least annually, preparo a budget for the
Condominium, determine the amount of Assessments payable by the Unit Owners to
meet the Common Expenses of the Condominium and allocate aoci assess such expenses
untong the Unit Owrs jo accordance with tite provisions of this Declaration and the By-
Lnvìs. The hoard of Directors shall advise all Unit Owners promptly in writing of the
amount o the ASseSsmcnls payable by each of them us determined by the Board of
t)ircctors as aforesaid and shall furnish copies of each budget, on which such Assessment
are l,nsect, io all Unit Owners (and IF requested in writing) to their respectíve mortgagees.
The Common Expenses shall include tite expenses of and reserves for (it' required by Law)
thc operation, mainleitance, repair and replacement of the Common Elements. Costs of
carrying out the powers and duties of tite Association and any other expenses designated
as Common Expenses by the Act, this Declaration, the Articles or By-Laws of the
j)ecIar(tti ot Con(toJriinium
Arbor 1 bights, s Condoniinium
PXt'5LLAS COUN'r1 EL OFW. REC. 8K 14909 G 1403

Association, or applicable rules und regulations by the Association. Incidental income to


the Assocjatkrn, írarìy, may be used lo pay regular or extraordinary Associntlon expenses
and liabilities, to fund reserv(, aceount, or otherwise us the Board shall determine from
time to time, and need not h restricted or accumulated. Any Budget adopted simil be
subject io change to cover actual expenses ni any time. Any such change shall 1)C
adopted consistent with ih provisions of the Declaration und the By-Laws.
13. Collection of
13.1 I. hility fbr Assessments. A Unit Owner, regardless of how title is acquired,
including a purchaser ut a foreclosure sale or by deed in lieu of foreclosure, shall
he liable for all Assessiuciits coming due while he is the Unit Owner. In the case
nf n conveyance, the grantee shall be jointly and severally liable with the grantor
for all unpaid Asessinr-tt against the grantor for his share of the Common
expenses up to the time nf the conveyance, without prejudice to any right the
grantee may have to recover from the grantor the amounts paid by the grantee.
The liability for Assessments may not be avoided by waiver of the use or
enjoyment of any Common I3lemcnts or by the abandonment of the Unit for
which the Assessments are n-aide or otherwise.
13,2 Default in Payment of As'essmets tbr Common lxpenses. Assessments and
installments thereof not paid within ten (IO) clays from the date when they arc duc
shalt bear interest-ar the highest lawful rare from the date clue unti Iutkf and shall
be subject to an tidrninistra( ive late fee (in addition to such interest) in an amount
nut to exceed the greater of $25.00 or (ive percent (5%) of each delinquent

The Association has a lien on each Condominium Put-eel tbr any unpaid
Assessments on such Parcel. with interest and for reasonable attorney's fees and
costs incurred by the Association incident to the collection of the Assessment or
enforcement of the lien. The licts is effective as of the date of the recording of a
claim of lien in the Public Records of the County, stating the description of the
Condominium Parcel, the name of the record Owner, the unsount dite, th due
dates and the name and address of the Association. fhe claim of lien shall not be
released until all sums secured by it (or such other amount as to which the
Association shall agree by way of settlemeni)imve been fully paid or until it is
barred by law. The claim of lien shall secure (whether or not staLed therein) all
unpaid assessments, interest thereon, and costs und attorneys focs which are Élue
und which may accrue subsequent to the recording of' the claim of tien und prior
to the entry of a final judgment of foreclosure thercof. A claim of lien shall be
signed and acknowledged by an oflicer or agent of the Association. Upon
payment, the person making the payment is entitled to a satisfaction of time lico in
recordable lbrm. The Association may bring an action in its name to foreclose n
lien for unpaid Assessments in the manner n mortgage of roui property is
fkn-velosecl and may also bring an action at law to recover n money Judgment for
the unpaid Asse.ssments without waiving any claim of lien.
As un additional right and remedy of the AsoeinLion, upon the tiling of a claim of
heim following a default in the payment of Assessments as aforesaid, the
Asocjto may declare all Assessment installments due fòr the remainder of the
budget year in which the claim of lien was filed to be accelerated and shall
thereupon be immediately duc and payable. In the event that the amount of such
installments changes during the twelve (12) month period, the LiniE Owner or the
Association, us appropriate, shall be obligated to pay or reimburse to the other the
amount of increase or decrease within ten (IO) clays of same taking efhci.
II' army unpaid share of Common Expenses or Assessments is extinguished by
ihreclsurc of a superior lien or by deed in lieu of flrectosure thereof, the unpaid
share cmi Common Expenses or Assessments arc Common Expenses collectible
Irom all Unit Owners,

Is
l)vclnration or Cofldominium
Arbor I 1CgIfls. a Condomjiupn
PINELLAS COUNTY FL OFF. REC. ßK 145O9 PG 1404

l3.3 Notice of Intention to Forcclose Lien. No foreclosure judgment may be entered


until at least thirty (30) days nter the Association gives writlen notice to the Unit
Owner of its intention to foreclose its lien to collect the unpaid Assessments. 11'
ihis notice is not given at least thirty (30) days before the foreclosure action is
filed, und if the unpaid Assessments, including those coming due atler the claim
of lien is recorded, are p*dd before the entry of a finaL judgment of Ibreelosure, the
AsocjuLjo shalt not recover attorneys fees or costs. The notice must be given
by delivery of a copy pf it to the Unit Owner or by certified or registered mail,
Ecturn receipt rcLlucstccl, addressed to the Unit Owner at the inst known address,
and upon such mailing, the notice shall he deemed to have been given. 1f' aticr
diligent search and inquiry the Association cannot find the liait Owner or a
mailing address ai which the Unit Owner will receive the notice, the court muy
proceed with the forecJosure action and may award attorneys lees and costs as
icrmiltcd by law, The notice requirements of this subsection are satisfied if the
Unit Owner records a Notice of Contest of Lien as provided in the Act.
13.4 Annoirjicn of Receiver to Collect Rental. ft the tinit Owner remains in
possession of the Unit and the claim of lien is foreclosed, the court in its
dscrtion may require the Unit Owner to pay a reasonable rentnl for the Unit. If
the Unit Is rented or leased during the pendency of the foreclosure action, the
Association Is entitled to the uppohUnent of a receiver to collect the rent. 1'hc
cxpcnse of such receiver shall be paid by the party which does not prevail in the
foreclosure action.
3.5 FirLMortgagccs. 1'he liability ofa First Mortgagee, or its successor or assignees,
who acquires title to a Unit by foreclosure or by deed in lieu of foreclosure for the
unpaid Assessments (or installments thereof) that became due prior io the First
Mortgagee's acquisition of title is limited to the lesser of:
The Units unpaid Common lxpcnses und regular periodic Assessments
which acct-ue(I or carne duc during the six (6) months immediately preceding the
acquisition of title und for which payment in full has not been received by the
Associution; or
one percent (1%) of the original mortgage debt.
As to u Unit acquired by foreclosure, the limitations set forth in clauses (u)
anti (b) above shall not apply unless the First Mortgagee joined the Association as
a defendant in the foreclosure action. Joinder of the Association, however, is not
required if, on the date the complaint is fllcd the Association was dissolved or did
not maintain an oftice or agent for service of process nl n location which was
known to or reasonably discoverable by the mortgage.
An Institutional First Mortgagee acquiring title to a Unit as a result ol'
foreclosure or deed in lieu thereof may noi, during the period of its ownership of
such Unit, whether or not such unit is unoccupied, be excused from the payment
of sonic or all ut' the Common Expenses coming due during the period of such
ownership.
Notwithstanding anything to the contrary set forth in this section 13,, no
First Mortgagee will be rvlivcd from the obligation of paying an Assessment,
whatever the amount, if stich Assessment was secured by a recorded lien ori the
Unit prior to the recording at' the First Mortgagee's Mortgage on the Unit.
13.6 Develoçî's Guarantee and Liabilifor Assessmctits During the period 1ìmn the
date of' the closing of the purchase and sale of' the Iii-si Condomniniuni Unit uutii
six ((i) months from that date, or the dato Unit Owners ot.hr than the L)eveloper
are in untrol of the Association. whichever occurs curliest (the "Cuaranty
Period"), the Developer guarantees to each Unit Owner that the rnorntìly
assessment for Common Expenses during the portion of' the fiscal year covered by
the Guaranty Period shall not increase Over the slated amounts per quarter or per
month set tirth in Schedule 13 to the Prospectus. Developer, at ils sole discretion
16
DccIrstton t,fCondotìuiniurn
Arbor Heinttt4, t CO1dointnhI)m
PINELLAS COUNTY FL OFF. REC. 5 14909 PG 1405

and option, may extend the Ouarttnty Period Ihr up io four (4) additional six (6>
months periods. During the Guaxaniy Period the Developer shall be excused frOm
(he payment of ils share of the Common Expenses and Assessments attributable to
Units it ow]is, provided that the Dcvcloper shall be obligated to pay any amount
ut' Common Expenses actually incurred during such period and not produced by
Ehe Assessments due from Unit Owners other than the Developer. For purposes.
of this Section, income to the Association other iban Assessments (aii defined
herein und in the Act) shall not be taken into account when determining the
defIcits to be funded by the Developer. No funds receivable from Unit purchasers
or Owners payable to thc Association or colleçieci by the l)evcloper on behelf 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 uf Common Expenses prior to the
expiration of' such period. This restriction shall apply co tiinds including, but not
limited to, capital contributions or start-up funds collected from Unit purchasers ut
closing.
13.7 Certificate of Unpaid As.essrpents. Within' fifteen (15) days aller a written
request by a Unit Owner or mortgagee of n Unit, the Association shall provide a
certificate stating all Assessments and other moneys owed to the Association by
the Unit Owner with respect to his Unit, and the Association has the right to
charge a reasonable fee for such certificaie, Any person other than the Unit
Owner who relics upon such certificate shall be protected thereby.
13.8 Installments. Regular Assessments shall ho collected monthly or quarterly, in
advance, as determined by the Board of Directors.
13.9 Application of' Payments. Any payments received by the Association from a
delinquent Unit Owner shall be applied first to any interest accrued on the
delinquent installment(s) as aforesaid, then io any costs and reasonable attorneys'
fees incurred in collection and then to the delinquent and any accelerated
Assessments. The foregoing shall be applicable notwithstanding any restrictive
endorsement, designation or instruction placed un or accompanying a payment,
14. lnsgp.g. Insurance covering the Condominium Property and tue Association Property
shall be governed by the following provisions:
14.1 J'urchuse. Custody and Pymcnt.
(u) Purchase All insurance policies described herein covering portions of the
Condominium Property shall he purchased by the Association and shall be
issued by an insurance company authorized to do business in Florida.
(b) Named Insg. The named insured shall be the Association. individually,
and us agent for Owners of Units covered by the policy, without naming
thera. and as agent for their morigagees, without naming Ibero. The Unit
Owners and their mortgugees shall be deemed additional insureds.
(e) Ctody of Polie js and Payment of Procecd. All policies shall provide
that payments for losses made by the insurer shall be paid to the Insurance
i'rustoe (if appointed), and all policies and endorsements thereto shall be
deposited with the Insurance Trustee (if appointed). In the event an
Insurance 'l'rustee Is not appointed, then the Association shall act as the
Insurance Trustee,
(d) Copies to Mortgqgees. (The copy of each insurance certificate evidencing
such policy, and all endorsements thereto shall be furnished by the
Association upon request to each Institutional First Mortgagee who holds
a mortgage upon mi Unit covered by the policy. Copies or certifícates shalt
be furnished not less than ten (1G) days prior to the beginning of tite term
uf the policy, or not less than ten (10) days prior to the expiration of each
preceding policy thai is being renewed or replaced, as appropriate.
17
t)eeiarmOion of Condominium
Arbor t-Içights, a Coi .mmtntjm
PINELLAS COUNTY if L OFF. REC. BK 14909 PG 1406

(e) sonal Property ¡mcl Liability. Except us specifically provided herein or


by the Act, the Association shall not be rcsponsible to Unit Owners to
obtain insurance coverage upon the property lying within the boundaries
of their Unit, including, but noi limited to, their personal property, und Lr
their personal liability und living expense und fiar any other risks noi
otherwise insured in accordance herewith.
(t) lnsuranúe Trustee. The Board of l)ircctors of the Association shall
appoint an lnsurnncc Trustee hereunder. Fees und expenses of any
Izisurance Trustee are Common Expenses,
14.2 Cygc. The Association shall maintain insurance covering the followìng:
(a) Casualty. The Building (including all fixtures, installations or additions
comprising that part of the Building within tite boundaries of the Units and
required by the Act to be insured under the Association's policy(ics), but
cxcluding all furniture, furnishings, floor coverings, wall coverings and
cciting coverings or other personal property owned, supplied or installed
by Unit Owners or tenants of Unit Owncr) und all improvements located
on the Common Elements from tirite io time, together with all fixtures,
building service equipment, personal property and supplies constituting
the Common Elements or owned by the Association (collectively the
"Insured Property"), shall- be insured in an amount not less than 100% of
the full insurable replacement value thereof, if reasonable available,
excluding foundation and excavation costs, Such l)Olicies may Contain
reasonable deductible provisions as determined by the Hoard of Directors
of the Asocjatioti, Such coverage shall afford protection against:
Loss or Damage by Fire ami Other 1-tazurds covered by a standard
extended coverage endorsement: and
Such Other Risks as iront time io time are customarily covered
with respect to buildings and improvements similar to the Insured
Property in construction, location and use, incluhng, but not
1imitd to, vandalism and malicious mischief.
Notwithstanding the foregoing, the tbllowing items shall be excluded from
the coverage described above, uuiJss otherwise elected by the Association:
(i) all wall, floor and ceiling coverings within Unit, (ii) all fixtures and
furniture, equipment other persona) property owned, supplied installed by
Unit Owners or tenants or subtenants thereof, (iii) all alterations, capital
improvements and betterments made by Unit Owners, tenants or
subtcnants and (iv) to the extent required by applicable law, electrical
fixtures, water heaters und built-in cabinets, all of which are located within
a Unit and are the repairireplacement responsibility of tite Unit Owner (or
its tenant or subtenant).
AIJ, OWNERS, MORTGAGEES, OCCUPANTS OF UNITS AND
O'I'l-lER AFFECIED l"AR'DES ARE HEREBY ADVISEI) TI-IAT LT
MAY NOT BE ECONOMICALLY FEASIBLE OR OTI-IERWISE
POSSIBLE TO INSURE 'Il-lB IMPROVEMENTS FOR TI-IEIR FULL
REPLACEMENT VALUE AS A RESULT OF T] ¡E APPLICABILITY
OF ZONING OR BUILDING CODES. ACCORDINGLY, NJiJTHER
THE ASSOCIATION NOR ANY OFFrCER OR DIRECTOR THEREOF
SHALL 131-t LIABLE TO ANY PARTY WIIAÌ'SOEVER IN TUE
l'VfiN'l' 01: A CASUALTY LOSS 'FO II-TE IIUILI)LNG WIIICII
EXCEEDS THE COVERAGE AFFORDEI) 13V REASONABLY
AVA)LAI3LFt INSUItANCI.t.
(b) Liability-. Comprehensive general public liability and automobile liability
insurance covering loas or damage resulting from accidents or occurrences
18
Peclarafløn of Conuionijniurn
Arbor t tcigha, a CendcnnnIum
1XÑbLtAs COUNTY FI O'F. REC. 13K 14909 PG 1407

on or about or in connection with the insured Properly or adjoining


driveways and walkways, or any work, matters or things related to the
Insured Property, with such coverage as shall be required by iba ¡3oard of
Dircctors of the Association, but with combinad single limit liability otnoi
less than $2,000,000 for each accident or occurrence, $300,000 per person
and $100,000 property damage, and with a cross liability endorsement to
cover liabjlil.ies of the Unit )wners as a group to any Unit Owner, and
vice versa. The Association may also obtain and maintain liability
insurance for its directors and officers and for the benefit of the
Associatiou'a employees.
(C) Worcers Compensation and other mandatory insurance, when applicable.
Flood Insurance covering the Common Elements, Association Property
and Units if required by the Primary tnstituUonal First Mortace or
1NMA/FI U.MC, or if the Association so elects.
i'ideli(y insurance, il' required by the Act or INMA/F1 il MC, covering all
persons who curitmj or disburse Association funds as well as the officers
of the Association, including the President. Secretary and t'reusurr, such
insurance to be in an amount not less than the maximum firnds that will he
in the custody of the association or its management agent ut ¿tny one time.
(t) Associatioii Property. Appropriate additional policy provisions, policies
or endorsements extending the applicable portions of the coverage
described above to all Association Property, where such coverage is
available.
(g) Such other InSOraneC s the Board of Directors of the Association shall
determine from time to time io be desirable.
When appropriate und obtainable, each of the foregoing policies shall waive the
insurer's right to: (i) subrogation againsi the Association and against the Unit
Owners individually and as a group, (ii) to pay only a fraction of any loss in the
event of coinsurance or if other insurance carriers hove issued coverage upon the
same risk, and (iii) avoid liability for aloss that is caused-by an act of the Board
nl Directors of the Association, a member of the Bonrd of Directors of the
Association, one or more Unit Owners or as a result of contractual undertakings.
Additionally, each policy shall provide that any insurance trust agreement will he
recognized, that the insurance provided shall not be prejudiced by any act or
omissions of individual Unit Owners that are not under the control of the
Associatìn, and that the policy shall be primary, even if tt Unit Owner han other
insurance that covers the same loss.
Every casualty insurance policy obtained by the Association, il' required by
FNMAJI"HI.MC, shall have the Ibllowing endorsements: (i) agreed amount and
inflation guard und (ii) steam boiler coverage (providing at least $50,000 coverage
(or each accident ut euch locution), if applicable.
14.3 Additional Provisio, Ali policies of insurance shall provide that stich policies
may not he canceled or substantially modified without at least thirty (30) days'
prior written notice to all of the named insured, including all morigugees of Units.
Prior to obtaining any policy of casualty insurance or any renewal thereof, the
floard of Directors shall obtain m appraisal (ruin a fire insurance company, or
other competent appraiser, of the full insurable replacement value of the Insured
Property (exclusive of foundutions), without deduction for depreciuliun, tòr the
purpose nl' determining the amount of insurance to be effecied tO this
Section,
14.4 Premi1tn).. Prcxniujrts upon insurunce policies purchased by the Association shall
be paid by the Association as a Common Expense, except that the costs of' fidelity
bonding for arty management company employee may be paid by such company
19
Dcc Jurntian of Condo,uiniuni
ArbOr t-leighcn. a Condomnintuni
P.tNELLAS COtfl'JTY FL, OST, REC. 0K 14009 PG 1400

pursuant to its contract with the Association, Pternhuns may be financed in such
manner us the l3oard of Directors deems appropriate.
14.5 Ipsurar)ce Trustee' Share of' l'roceeda. AIL insurance policies obtained by or on
behalf of the Association shall he for the benefit of the Association, the Unit
Owners and their mortgagees, us their respective interests may appear, aoci shall
provide that all proceeds covering property losses shall be paid to the Insurance
Trustee which shall be designated by the Board of Directors and which, if so
appointed, shall be a hank or trust company in Floticla with trust powers, with its
principal place of business in the State of Florida or one or more of the Directors
or ()ffl cera of the Contloijnjrn Association. The Insurance Trustee shall not be
liable (or payment of premiurris, nor for the renewal or the sufficiency ot' policies,
nor for the failure to collect any insurance proceeds. The duty of the tnsurzmcc
Trustee shall be to receive such proceeds as are paid and to hold the same in trust
tòr the purposes elsewhere stated herein. ¿md t'or the benefit of the Unit Owners
and their respective mortgagees in the following shares, but shares need not be set
forth on the records of the Insurance Trustee;
(u) lnsucd Property. Proceeds on account of damage to the Insured-Property
shall be held in undivided shares for each Unit Owner, such shares being
the same as the undivided aliares in the Common Elements appurtenant to
each Unit, provided that if the !nsurcd Property so damaged includes
property lying within the--beunduries ot specific Units, that portion of the
-proceeds allocable_to such property shall be held as iI' that portion of the
Insured l'roperty were Optional Properly as described in paragraph (b)
below.
(b) Optional Property Proceeds on account of damage solely to Units ¿iod/er
certain portions or all of' the contents thereof not included in the insured
Property (all as determined by the Association in its sole discretion)
(collectively the "Optional Property"), if any is collected by reason of
optional insurance which the Association elects to carry thereon (as
coniemplated herein), shall be held t'or the benefit of Owners of Units or
other portions of the Optional Property damaged in proportion to the cost
of repairing the damage suffered by each such affected Owner, which cost
an4 nt1ocutin shall be determined in the sole discretion ol' the
Association.
(e) Mortgagees. No mortgagee of n Unit shalt have any tight to determine or
participate in the determination an to whether or not any damaged property
shall be reconstructed or repaired, ¿md no mortgagee shall have any right
to apply or have applied to the reduction of a mortgage debt any insurance
proceeds, except for actual distributions thereof made to the t.init Owner
and mortgagee pursuant to the provisions of this Declaration.
14.6 Distribution of Proceeds. Proceeds nl insurance policies received by the
Insurance Trustee shall be distributed to or for the benefit ot'thc beneficial owners
thereof in the following maimer;
Fxpenscs of the l'rt1. All expenses of the tosurance Trustee shall he first
paid or provision shall be made therefor,
RCCOIÌStrUCtiOIÌ oy Repgft. If the damaged property t'or which the proceeds
arc paid is to he repaired or reconstructed, the remaining proeecds shall be
paid lo defray the cost thereof as elsewhere provided herein. Any
proceeds remaining after defraying such Costs shall be distributed to the
beneficial owners thereof' itt the saine percentages as their ownership of
the common elements, with remittances to Tiitit Owners and their
mortgagees being payable jointly to them.
(e) Fniluc to Recogtrucl or Repj. If it is determined in the manner
elsewhere provided that the damaged property t'or which the proceeds ace
20
Dec larat ion of Cundeu niniuni
Arbor Iteights, a Cuiidor;ciiiium
PINELLAS COUNTY FL OFF. R1C. Uit 14909 PG 1409

paid shall not be reconstructed or repaired, the remaining proceeds shall be


allocated among the beueflciul owners as provided in Section 14.5 above,
and distributed first to all institutional First Mortgagees in un amount
sufficient la pay off their mortgages, und the balance, it' any, to the
befljn1 owners.
(4) Certificate. In making distributions to Unit Owners and their rnortgngees,
the Inuranec Trustee (if appointed) may rely upon a certiñeate of the
Association made by ita President and Secretary as to the names of the
Unit Owners and their mortgagees and their respective shares of the
distrihutlon.
147 t\ssociation a. Aggnt. The Association is herchy irrevocably appointed us agent
and nitorney-in-ñtci for each Unit Owner and for each owner of a mortgage or
other lien upon a Unit and for each owner uf any other interest in the
Condominium Property lo adjust all claims arising under insurunce poticle
purchased by the Association and to execute and deliver releases upon the
payment of claims.
14.8 Unit Owners' Pcrsol)al Coverage. Unless the Association elects otherwise, tite
insurance purchused by tue Association shall not cover claims against an Owner
due io uccidnt occurring within his Unit, nor casualty or theft loss to the
contents of an Owners Unit. It shall bç the obligation of the individual Unit
Owner, if such Owner so desires, to purchnse and pay for insurance as to all such
and other risks not covered by insurance curried by the Association.
14.') llene (it et' Moriiecs, Certain provisions in this Section 14 entitled "Insurance'
are lbr the benefit of mortgugees of Unli unii may he enforced by such
mortgageas.
14.10 Presumption us to l')umaged Property. In the event of a dispute or lack of
certainty as to whether damaged property constil.ute a Unit(s) or Common
Elements, such property shall be presumed to be Common Elements.
15, Reconstructiop or Rçpnir After_Fire or Other Casualty.
t 5. 1 Deterruination to ,Rcconstruet or Repair. Subject to the immediately following
paragraph, in the event of damage to or destruction of' the Insured Property (end
the Optional Property, if insurance has been obtained by the Association with
respect thereto) as a result of fire or other casualty, unless 75% or more of the
Insured Property (and the Optional Property, if insurance has been obtained by the
Association with respect thereto) is destroyed or substantially damaged und Unit
Owners owning 80% or moie of the applicable interests in the Common Elements
elect not to proceed with repairs or restoration and the Primary Institutional Pirst
Mortgagee approves such election, the Board of Directors shall arrange for the
prompt repair and restoration of the Insured Property (and the Optional Property,
it' insurance has been obtained by the Association with respect thereto) und the
Insurance 't'rustee (if appointed) shall disburse the proceeds of all insurance
policies to the contractors engaged in stich repair und restoration in appropriate
progress payments.
If 75% or more of the Insured Property (and the Optional Property, if insurance
has been obtuined by the Association with respect thereto) is subattuttiully
damaged or destroyed und if liait Owners owning 50% of the applicable interests
in the Common Elements duly and promptly resolve not to proCcC(l with the
repair or restoration thereof und the Primary Institutional First Mortgagees
approve such resolution und provided a recorded instrument has effected the
termination of the Condominium, the Condominium Property will not be repaired
and shall he subject to un action l'or partition instituted by the Association, any
lJnh Owner, mortgagee or lienor, as il' the Condominium Property were owned in
common. ht which event the net proceeds of insurance resulting from such
damage or destruction shall be divided among till the Unit Owners in proportion
21
Declaration of Condominiom
Arbor I teihcs, a Cuiiclwninium
E'INET-.LAS COUNTY FI OFF. REO. Hc 14O9 PG 1410

to their rcspec*iVC intersLs in the Cornrnn Ïicmcn*s (wiih respect to proeed.s


held for darnagc to the Insured I'roperty other than thnt portion of tbc Insured
Property 1yin within the boundirìs of the unit), and rnoiig iffeotetI Unit
owners in proportion to the drniagc suffered by CECh such affected Unit Owner.
as determined in the solo discretion of the Associtition (with respect to proceeds
held ibt damuge lo the OptionI Property, ifmy and/or hint portion ofthe Insured
I'roperty 1yng within the boundaries of the Unit); provided. however, I-lint no
pymefu shall bt made to a Unit Owner until there lins (irt been paid off out of
his shnrc of such fund all mortgages and tiens on his Unit in the order of priority
ofsuch rnortuges and 1ien.
Whenever in this Section the words "promptly repnir Arc used. ¡t shaU rnan that
repixs arc to bcßin flot more than sixty (60) days from the dnte the Insuriince
Trustee (if appointed) notifica the Board of' Directors nun Unit Owners that it
holds proceeds of insurance on account of such dUJTIUgC or destruction sufficient
to pay the estimated cost of such work, or not more than ninety (90) days after the
Insurance 'l'rustee (if appointed) titifies the Board of Directors und the Unit
Owners that such proceeds of insurance ure insufficient to puy the estimated costs
of such work. The lnsiirancc Trustee i f appointed) may rely upon a certificate of
the Association made by its President arid Secretary to determine whether or not
the damaged property is to be reconstructed or repaired.
15.2 Plans and Specilicatiorts. Any reconstruction or-ì'ej,air musi be made substantially
in accordance with the plans and specifications for1he oriirul Improvements-and
then applicable building and oilier codes; or if not, then in accordance with the
plans and specifications approved by the Board of Directors of' the Association
arid then applicable building and oilier codes. and if (lie damaged property which
is to he altered is the Building or the Optional Property, by the Owners of not less
than 80% of the applicable interests in the Common Elements, as well as the
Owners of all Units und other portions of the Optional Property (and their
respective mortgugees) must approve the plans which are to be altered.
15.3 Special Rcspnsibijji. If the damage is only to those parts of the Optional
Property for which the responsibility of' maintenance and repair is that of the
respective Unii Owners, then the Unit Owners shall be responsible for all
necessary reconstruction and repair, which shall b effected promptly and in
accordance with guidelines established by tile Board of Directors (unless
insurance proceeds are held by the Association with respect thereto by reason of
Clic purchase of optional insurance thereon, in which case the Association shall
have the responsibility lo reconstruct and repair tue damaged Optional Property,
provided the respective Unit Owners shall be individually responsible for any
amount by which the cost of such repair or reconstruction exceeds the insurance
proceeds held for such repair or reconslrtiction on n Unit by Unit basis, as
determined in the sole discretion o!' the Association). In all other Instances, the
responsibility for alt necessary reconstruction and repair shall be that of the
Association.
15.4 Es4 jnajije of Cosi, Before making a determination as whether or not to reconstruct
or repair damage to property for which the Association has the responsibility of
reconstruclión und repair, the Association shall obtain rclible and detailed
estimules of the cost to rebuild or repair.
Association, 'lue Association shall hold the sums paid upon Assessments
made by the Association in order to provide funds for payment of the costs
ol'recoumtructìon and repair which are the responsibility at' the Association
end disburse the same in payment at' such costs,
Dibutsemnt. '['he proceeds of insurance collected on account of a
casually, and the sums collected from Unit Owners on account of such
casualty, shall constitute a constrLIctIon ftmd which shall be disbursed in
payment of the casts of reconstruction and repair in the following manner
and order:
22
Dsiclar,itiirn of Cc»mdorniniiim
Arbor tLoights, si Contloni ¡nia n
PINLLA COUNTY FL OFF. nno. B1< 14909 PG 14-1-

Assojatjpn - Lesser Damage. If the amount of the estimated costs


of reconstnlction and repair which are the responsibility of the
Association is less than $100,000, then the construction fund shall
be disbursed in payment of such costs upon tite order of the loard
of l)ireetors of the Association; provided, however, that upon
request to the Insurance Trustce (if appointed) by an Institutioruti
First Mortgagee which is a beneficiary of an insurance policy, the
proceeds of which are included in the construction Fund, such fund
shall be disbursed in the manner provided below for the
reeonstmctiol) and repair of major daniage.
sociatn - Majo rJ)amnage. li the amount of the estimated costs
of reconstruction nd repair which arc the responsibility of the
Association is more than $100,000, then the construction fund
shall be disbursed in payment of such costs In the manner
contemplated by subparagraph (i) above, but then only upon the
further approval of an architect or engineer qualified to practice in
Florida and employed by the Association to supervise the work.
Unit Ownera If there is a balanec of insurance Proceeds after
payment of all costs of reconstruction and repair that are the
responsLbility of The Association, this balance may be used by the
Association to effect repairs to the Optional Property (if not
insured or if underinsured), or may be distributed to Owners of the
Optional Property who have the responsibility for reconstruction
and repair thereof. l'he distribution shall be in the proportion that
the estimated cost of reconstruction and repair of such damage to
each affected Unit Owner bears to the total of such estimated costs
to all affected Unit Owners, us determined by the Board; provided.
however, that no Unit Owner shall be paid an ainoulit in excess of
the estimated costs of repair t'or his portion of the Optional
Property. All proceeds must be used to effect repairs to the
Optional Property, and it' insu fuicient to complete such repairs, the
Owners shall pay the defìcit with respect to their portion of the
Optional Property and promptly effect the repairs. Any balance
remaining after such repairs have been effected shall be distributed
to the Unit Owners arid their mortgagees jointly as elsewhere
herein contenipinted. in the same percentages its their ownership of
the common elements.
lt shall be presumed that the first monies disbursed in
payment of costs of reconstruction and repair shall be from
insurance proceeds. 1f there is a balance in a construction fund
after payment of all costs relating to the reconStrUCtion and repimir
t'or which the fund is established, sucht balance shall h distributed
to the Unit Owners in the manner elsewhere .statéd in tIte saine
percentages as their ownership of the common elements; except,
however, that the part of a distribution to an Owner which is not in
excess of Assessments paid by such Owner into the construction
fund thall not be mude payable jointly to any mortgagee.
Notwithstanding the foregoing, the Association may elect, at its
sole discretion, to allocate any such surplus to rcduc the following
year's assessments in lieu of distributing money to the Liait
Owners.
(y) Certificate. Notwithstanding the provisions herein, the Insurance
'l'rustee shall not he required to determine whether or not sums
paid by Unit Owners upon Assessments shall he deposited by the
Association with the lrisurance Thistee, nor to determine whether
the disbursements from the construction fund arc to be made upon
time order of tite Association alone or upon the additional approval
23
I)eclurstiorl t' Condúunni um
Arbor h I I ghts, lt Condoni i n juin
PItET,J.1¼5 COUNTY FL OF'. IIC. BK 4OO9 PG 1412

of an arehhecl, engineer or otherwise, nor whether a disbursement


is to be made from the construction fund, nor to determine whether
surplus funds lo be distributed are less than the Assessments paid
by Owners, nor to determine the payees iior the amounts to be
paid. The Insurance Trustee may rely upon a certiticnle of the
Association, made by its President and Secretary, as to any or ali of
such matters and stating that the surfis lo bo paid tire due and
properly payable, and slating the atunes of the payces and the
amounts to be paid.
15.5 Assessments. If the procectis of the insurance are not sufficient to deiì'ay the
estimated costs of reconstruction and repair to be effi.cced by the Association, or il
at any tít-nc during reconstruction and repaii-, or upon completion of reconstruct ion
and repair, the funds for the payment of the costs of reconstruction und repair tire
insufficient, Assessments shall be made against the Unit Owners in sufficient
amounts to provide funds for (he payment of such costs. Such Assessments on
account of dnnmgc lo the Insured Property shall be in proportion to all of the
Owners'- respective shares in the Common Elements, and on account al' damage
to the Optional Property, in proportion lo the cost of' repairing hc damage
st,ftred by each Owner Ihercot as determined by the Association.
i 5.6 flccflI of Mortgagees Certain provisions in this Section 15 ure for the benefit of
mortgagees oft Jrtits and may he enforced by any of them.
16. Codernnution
1. I l)esit of Awards with InsurtQcc Trustee. 'Ibe Inking nl' portions of the
Condominium Property by the exercise of the power of eminent domain shall he
deemed to be a casualty. and the awards for that taking shall he deemed to be
Proceeds from insurance on accoum of hic casualty and shall be depolted with
(lie Insurance 'I'ri.istoc. IIven though the awards may he payable to Unit Owners,
the Unit Owners shall deposit the awards with the Insurance 'l'rustee: and in the
event of failure to dg so, in the discretion of the Board of Directors of the
Association, a spCia1 Assessment shall be made against a defaulting Unit Owner
in the aniount of his award, or the amount of that award shall he set off against the
sums hereafter made payable to that Owner.
16.2 Iterrninaliou_Wlwther ta Continue Cn1irninjm Whether the Condominium
will he continued after condemnation will be determined in the manner provided
fur determining whether damaged property will be reconstructed und repaired
aller casualty. For Ibis purpose, the taking by eminent domain also shall be
deemed to be a casualty.
1 6,3 Dishus-scnent of Punds. 1f the Condontirdum is terminated aller condemnation,
the proceeds of the awards and special Assessments will be deemed to he
insurance proceeds and shall be owned and distributed in the manner provided
with respect to the ownership and distribution of insurance proceeds il' the
Condominium is terminated after a casualty. If the Condominium is noi
terminated after condemnation, the size of the Condominium will be reduced and
the property damaged by the taking will be made usable in the nianner provided
below. 'lite proceeds of the awards and special Assessments shall be used foT
these purposes and shall be disbursed in the manner provided for disbursement of
funds by the insurance trustee (if appointed) after a casualty, or as elsewhere in
this Section 16 specifically provided.
16.4 Unit_Reduced but I Iajtabjo. 1f the taking reduces the size of' a Unit and the
remaining portion of the Liait can be mude habitable (in the sole opinion of the
Association), the award t'or the taking of' a portion of' the tinit shall he used for the
following purposes in the order stated antI the following changes shall be made to
the Cundominiuin:

24
Dcc Iflration or Candent (muni
Arbor Hc,hts, n Cnndominiurn
PINELL..8 COUN'f' I'L OFF. 1EC. ç 14900 PG 413

Rirttion of UnLt. l'ho Unit shall ho made habitable. 1f the cost of the
restoration exceeds the amount of the award, the additional funds required
shall b assessed against the Owner afilie Unit.
Distribution øf Surplus. The balance of the award in respect of the Unit, if
any, shall he distributed to the Owner of the Unit and to each mortgagee of
the Unit, the remittance being made payable jointly to the Owner and such
mortgugees.
(e) Adjustment of Shares irj Curon Elements, if the floor arca ut' the Unit
¿s reduced by the taking, the percentage representing the share in the
Common liemcnts and of the Common Expenses and Comnion Surplus
appurtenant to the tinit shall he reduced by multiplying the percentage of
the applicable Unit prior to reduçtion by tu fraction, the numerator nl'
which shall be the area in square fcet of the Unit aller the taking and the
denominator of which shall be the area in square feet of the Unit before
the taking. The shares of all Unit Owners in the Common Elements.
Common Expenses and Common Surplus shall then bo restated us follows:
add the total of all percentages of all Units ater reduction as
af'oresaid (the "Remaining Percentage Balance"); and
divide each percentage foi' each Unit after reduction as aforesaid
by the Remaining Percentage Balance.
The result of such division for each Unit shall be the adjusted percentage
for such Unit,
16.5 Unit Made lJninhabltahle. lf'the taking is oftJi entire Unit or so reduces the size
of a Unit that it cannot be tnadc habitable (in the sole opinion of the Asciutiøn),
the award for the taking of the Unit shall be used far the following purposes in the
order stated and the following changes shall be made to the Condominium:
Payment of Award. The awards shall be paid first to the applicable
Institutional lirst Mortgugecs in amounts sufficient to pay off' their
mortgages in connection with each Unit which is not so habitable; second,
to the Association Ihr any duc and unpaid Assessments; third, jointly to
the affected Unit Owners and other morigagees of their Units. In no event
shall the total of such distributions in respect of a specific Unit exceed the
nutrkei value of such Unit immediately prior to the taking. 'Ihe balance, if
any, shall be applied to repairing and replacing the Common Elements,
Addit10 to Cctmn2ort Elements. '['ho remaining portion of the Unit, if any,
shall become part of' the Common Elements and shall be placed in u
condition allowing, to the extent possible, for usc by all ut the Unit
Owners in the manner approved by the Board of Directors of the
Association; provided that if the cost of' the work therefor shall exceed the
balance of the fund from award t'or the taking, such work shall be
approved in the niarmer elsewhere required for capital improvet-nents to
the Common Elements.
Adjiistmcnft' Shares. The shares in the Common Elements, Comrton
Expenses and Common Surplus appurtenant to the Units titat continue us
part of the Condominium shall be adjusted to distribute the shares in the
Common Elements. Common Expenses - and Conunon Surplus among the
reduced number of Unit Owners (and among reduced Units). 'l'his shall be
effected by restating Ihe shares of continuing Unit Owners as follows:
(i) add the total of all percentages of all Units of continuing Owners
prior io this adjustment, bu after any adjustments made necessary
by subsection 16.4(c) hereof (the "Percentage Balance"); and

25
Dccbmrallon of Condomnitilumn
Arbor Hetgbts, a Coiimtomtníarn
PINnLtJS C0t3lTY PL OFF. REC. BK 14909 PG 1414

(ii) divide the percentage of each Unit of a continuing Owner prior to


this adjustment, but añer any adjustments made necessary by
subsection 16.4(c) hereof, by the Percentage Utalance,
l'he result of such division for euch Unii shell he the adjusted percentage
for such Unit.
Assessments. If thc balance of the award (aller payments to the Unit
Owner and such owners mortgageos as above provided) for the taking is
not sufficient to alter the remaining portion of the Unit for use as u part of
the Common Elements, the additional funds required for such pci-pases
shall be raised by Assessments against all of the Unit Owners who will
continue as Owners of Units after the changes in the Condominium
et1cted by the taking. The Assessments shall be made in proportion to
the applicable percentage shares of those OwncrH anar all adjustments to
such shares effected pursuant hereto by reason of the taking.
&bilrittion. If the market value of a Unit prior to the taking cannot be
determined by agreement between the Unit Owner and morigagees of the
Unit and the Association within 30 days aller notice cl' n dispute by any
affected party, such value shall be determined by arbitration in accordance
with the then existing rules of the American Arbitration Association,
except that the arbitrators simli be two appraisers appointed by the
American Arbitration Association who shall base their determination upon
un average of' their appraisals of the Unit. A judgment upon the decision
rendered by the arbitrators muy be entered in any cauri of competent
jurisdiction in accordance with the Florida Arbitration Code. 1he cost of
arbitration proceedings shall be assessed against all Units Owners.
including Owners who will not continue at'tcr the taking, in proportion to
the applicable percentage shares of such Owners as they exist prior to the
adjustments to such shares effected pursuant hereto by reason of the
taking.
16.6 ThkingofCorrinion Elements. Awards fai-the taking of Common Elements shall
b used Lo rendcr the remaining portion of thta Cognition Elements usable ta the
manner approved by the Board of Directors of the Association provided, that if
the cast of such work shall exceed the balance of the funds from the awards for
the taking, the work shall be approved in the manner elsewhere required for
capital improvements to the Common Elements. The balance of the awards far
the taking of Common Elements, if any, shall be distributed ta the Unit Owners in
tue sitares in which they own the Common Elements after adjustments to these
shares effected pursuant hereto by reason of the taking. If there Is a mortgage on
a Unit, the distribution shall be paid jointly ta the Owner and the mortgagees of
the Unit:
16.7 Amendment of Declaration. The changes in Units, in the Common Elements and
in the ownership of tim Conimon F,lcrncnts and share in the Common Expenses
and Common Surplus that are effected by the taking shall be evidenced by an
amendment to this Declaration of Condominium that is only required to hé
approved by, and executed upon the direction of', a niqjurity of all Directors of the
Associntian.
1 6.8 l)iscrction of l3ourd. In circumstances not covered by this Declaration or by law, a
2/3rds majority of Board may, upon an opinion of counsel that its decision is
reasonable, deal with the condemnation in such reasonable manner as it
determines to be appropriate under the circumstances.
17. Occupancy and tJ5e Restrictions. In order to provide for congenial occupancy of the
Condominium Property ruad ihr the protection of the values of the Units, tue use of the
Condominium Property shall be restricted ta and shull be in accordance with the
following provisions:

26
Declaration ot'Condorniniun;
Arbor i teighti. a Condt,rniu,i,irn
PINnL.LAS COUNTY Fi, OFF. kEC. BK 14909 PG 1415

17.1 Oecupancv. Each Unit shall be used as a residence only. A Unit owned by ari
individual, corporation, purtnership, trust or other fiduciary may only be occupied
by the fit1owing persons, and such persons' families, provided that the Unit
Owner or othci- ¡crmittcd occupant must reside with his/her family: (i) the
individual Unit Owner, (ii) an officer, director, stockholder or employee of such
corporation, (iii) u panner or employee of such partnership, (iv) the fiduciary or
beneficiary of such fiduciary, nr (y) permitted occupants under a lease or sublease
of the Unit (us described below), as the case may be. Occupants of u leased or
subleased Unit must be the following persons, und such persons' families who
reside with them: (i) an individuaI lessee or sublessec, (ii) an officcr, director,
slockbolder or employee of a corporale lessee or sublessee, (iii) a partner or
employee of a partnership lessee or sublessee, or a fiduciary or bencticiary of a
fiduciary lessee or sublessee. In no event shall occupancy (e,cept for temporary
occupancy by visiting guests) exceed two (2) persons per bedroom and one (1)
person per den (as defined by the Association for the purpose of excluding tioin
stich definition living rooms, dining rooms, thmily rooms, country kitchens and
the like). Time Board of Directors shall have the power to authorize occupancy of
a Unit by persons in addition to those set forth above. The provisions of this
Section 17.1 shall not be applicable to Units used by the Developer Ibr model
apiirtinents, guest accommodations, sales offices or management services.
As used herein, 'fitmily" or words olsiniilar import shalt be deemed to include a
spouse, children, parents, brothers, sisters, grandchildren und other persons
permanently cohabiting flic Unit as or together with the Owner or permitted
occupant thereol As used herein, "guest" or words of similar import shall
include only those persons who have a principal residence other than the Unit.
Unless otherwise determined by the Board of Directors of the Association, other
than family of the Unit Owner or other person(s) who perinanenUy eohubitates in
the Unit with the Unit Owneroccupying a Unft fòr more than one (1) month shall
not be deemed a guest hut, rather, a person shall he deemed a lessee for purposes
of this Declaration (regardless of whether n leise exists or ment is paid) and shall
be suhjct to the provisions of this Declaration which apply to lessees. The
purpose of this paragraph is to prohibit the circumvention of the provisions and
intent of this Section 17 and the Board of l)irectors of the Association shall
enforce, nd the Unit Owners comply with, same with due rtgard for such
purpose.
'l'ho rights of the unit Owners lo use any porlioil of the Asociutiori Property
and/or the Common Elements sh&l be limited to the extent granted in, and subject
to the restrictions of Section 3.4(d) hereof, and the obligation for the payment of
assessments as set tbrtb in this Declaration.
172 Children. Children shall be permitted to reside iii Units. subjcI to the provisions
ut Section 17. 1, above.
17.3 Pets. tach Unit Owner or occupant (regardless of the number of joint owners or
occupants) may maintain up to two (2) household pets (except fish and birds lbr
which there is no limit on the number) in his Unit, to he limited to dogs and/or
cats, more specifically one (1) dog nnd one (1) cat, but not two (2) if either, (or
other household pets defined us such and specifically permitted by the Asso-
ciation such as fish and caged (domestic type) birds), provided that such pets are
(a) permitted to he so kept by applicable laws and regulations, (b) not kept, bred
or maintained for any commercial purpose, (c) noi left unattended on balconies or
in lanai areas, (d) generally, not a nuisance tu residents of other Units or of
neighboring buildings and (e) not a pii hull or other breed considered to be
dangerous by the J3oard of Directors; provided that neither the Board nor the
AssociaLon shall he liable for any personal injury, death or property damage
resulting from a violation of the foregoing and any occupant ola Unit coni mitling
such u violation shall, und does hereby, fully indemnify and hold harmless Il-te
hourd of Directors, the Developer, each Unit Owner and the Associulon in such
regard. Unit Owners musi pick-up all solid wastes of their pets untI dispose of
such WUSICS ¿ippropriately. All pets (including cals) must be carried or kept on a
27
Declaration uf' Cendomintrn
Arbor IJctihjs, u Cta ¿dornintuni
PINELIJS COUNTY 5'E. OFF. REC. Bic 14909 PG 1416

leush no more than six (6) feet in length al all Urnes when outside the Unit. No
pets may be kept on balconies when the Owner is not in the Unit. Without
limiting the generality of Section 19 hercof violation of' the proviioris of this
paragraph shall entitle th Asocitatiori to all of its rights and ,'emedics, inoludin,
but not limited to, the right to fine Unit Owners (as provided in any applicable
rules and regulations) and/or to require any pot to be permanently removed from
the C:ondominlum Property upon three (3) days' notice. This Section 17.3 shall
no prohibit the keeping of lish or n caged household-type bird(s) in a Unit,
provided that a bird(s) is not kept on Limited Common lemcnis und does not
become a nuisance or annoyance lo neighbors.
17.4 Alterationg. Without limiting the generality of Section 9. 1 hereoL but bject to
Seeton 10 hereof, no Unit Owner shall cause or allow improvernetus or changes
to any Unit. Limited Common Elements appurtenant thereto or Comrnort
Wernenis, without obtaining the prior written consent of the Association (in the
manner specified in SCCtiÚn 9.1 hereof).
17.5 Usc et' Common Elements. 'i'he Common Elements shall be used only t'or
t'ornishing of the services and facilities for which they are reasonably suited and
which are incident to the use and occupancy of' Units.
17,6 Nuisances. No nuisances (as defined by the Association) shall be allowed on the
Condominium Property, nor shall any LI 'e-or practico he allowcd which is a source
of annoyance to residents or occupants of Units or which interferes with the
peaceful possession or proper use of the Condominium Property by its residents
or occupants. No activity specifically perrnìtted by this Declaration shall be
deemed a nuisance.
17.7 NQlrnproperUses. No improper, offensive, hazardous or unlawful use shall be
made of the Condominium Property or any part thereof, and all valid laws. zoning
ordinances und reulfflioris of all governmental bodies having jurisdiction
thereovcr shall be observed. Violations of laws, orders, rules, regulations or
requirements of' any governmental agency having jurisdiction thereover, relating
to any portion of the Condominium Property, shall be corrected by, and al the sole
expense of, tite party obligated to maintain or repair such portion of the
Condominium Property, us elsewhere herein set forth. Notwithstanding the
foregoing and any provisions of this Declaration, the Articles of Incorporation or
By-Laws, the Association shall not be liable to any person(s) for its failure to
enforce the provisions of this Section 17,7. No activity specifically permitted by
this Declaration shall be deemed lobe a violation ol'this Section.
i 7.8 Floor Coverings. Without limiting the generality oI'tlic approval requirements set
forth in Section 9 of' this Declaration, no hard-sLirfaced floor coverings stich as
wood, tile, marble und stone shall be installed in any Unit or its appurtenant
Limited Common Elements unless saine is itistulled with sound-absorbing
backing meeting the requirements, toin time to tinte, of the Association, Any
change in the floor covering of a Unit to be made by a Unit Owner (other than the
Developer) musi first be approved by the Association.
17,9 Exterior lmproygnenfLnndscaping, Without limiting the generality of Sections
9. 1 1 7.4 bereut', hut subject to any provision al' this f)cclaration specifically
permitting same, no Unit C)wnr shall cause anything to be affixed or attached to.
hung, displayed or placed on the exterior waits, doors, balconies or windows of'
the l3uildiiig (including, l'ut not limited Lo, awnings, signs, storm shutters, screens,
window tinting, furniture, fixtures and equipment), not' to plant or grow any type
uf shrubbery, flower, tree, vine, grass or other plant life outside his Unii, without
the pilot' written consent of the Association. Notwithstanding the foregoing, Unit
Owners will he permitted to attach religious symbols (i.e., mezuzah, etc) to be
attached to door frames and temporariiy display holiday specific decorations (i.e.,
menoruhs, wreaths, Christmas ornaments, etc) on doors and/or windows.

28
t)ectarsliori el Condominium
Arbor f toIhts, mm Conduntiniumn
PINELI.AS COUNTY FL OFF. RC, 13K 14909 PG 14:1.7

17.10 Relict' by AssQQizliofl. The Association shall have the power (but not the
obligation) to grant relief in particular circumstances from the provisions Ot'
specific restrictions çontnincd in this Section 17 for good cause shown.
17.11 liffrct on 1)evloper: Association. The rcslritions limitations set forth in this
Section 17 shall not apply to the Developer or to Units owned by the Developer.
l'hc Association hatl have the power (but not the obligation) to grant relief in
particular cireumstance from provisions of' specific restrictions contained in this
Section 17 fbr good cause shown.
I8. elIing, Mortnnin d Leasing of Units.
In order to insure t community ofcongcniul residents and occupants and protect the valuo
of the Units and to rurthcr the continuous harmonious development of the Condominium
community, the sale and transfer of Units by any owner shall be subject to the followin8
provisions. The provisions of this Article 18 hal1 not apply to the l)evoloper.
1 9. I Sales. There arc no restrictions on the sale or transièr of Units,
18.2 Ïcaes. Leasing of Units is permitted without the consent of the Board of
I)irectors; however each Unit Owner who leases his liait must provide the
Association with a notice of the lease as well as pertinent identification and
eniuct in formation for the lessee. No portion of a Unit (other than un entire
Unit) muy he rented. All lcrtscs shall provide (or be automatically deemed tu
provide, absent an express statement) that the Association shall have the right to
terminate the lease upon default by the tenant in observing any ut' the provisions
of this Declaration, the Articles of' Incorporation and 13y-Uaws of the Association,
applicable rules and regulations, or other upplicuble provisions of any agreement,
document or instrument governing the Condominium. Regardless of whether or
not expressed in the applicable tease, the Unit Owner shall b jointly and
severally liable to the Association for the acts and omissions of his tenant(s)
which constitute a violation o1 or non-compliance with, the provisions of this
Declaration and of any and all rules ¿md regulations of the Association.
Nothing herein shall interfere with the access rights of the Unit Owner landlord
pursuant to Chapter 83, Fbi ida Statutes. The Association shall have the right to
adopt rules to prohibit dual usage by a Unit Owner and a tenant of Association
Property and Common blements otherwise readily available for use generally by
Owners.
18.3 No Severance of Ownership. No part of the Common Llenients may h sold,
conveyed or otherwise disposed of, except as an appurtenance to the Unit in
connection with a sale, conveyance or other disposition of the Unit to which such
interest is appurtenant, lu)d any sale, conveyance or other disposition of a Unit
shall b deemed to include that Unit's appurtenant interest in the Common
LU cruenta,

I 8.4 Oitls...nnd Dcvlsc. etc. Any Unit Owner shall be free to convey or transfer his
Unit by gift, to devise his Unit by will, or to have his Unit pass by intestacy,
without restriction; provided, however, that each succeeding Unit Owner shall bu
hound by. arid his (Jolt subject lo, the provisions of this Section 18.
18.5 l)cveboper 1,easln. It is understood and agreed by ali parties hereto and all Unit
/ Owners that Ihr itch period of time as Develóper deems appropriato, I)evcloper
J may actively undertake a leasing and/or lease with option to purchase program
with respect to Units owned by it. Accordingly, certain Units amy be occupied by
tenants of the Developer under lease agreements or month lo month tenancies or
other types nl' tenancies heretofore or hereinaFter consummated and agreed upon.
Such tenants of Developer shall have the full right and authority to continue to
OCCUPY said premises in accordance with their lease agreements, rental
agreements or other tenancy agreements and to uso and enjoy on a non-exclusive
basis all Common Llements of' the CondOminium without arty cost or expense.
29
t)ccliurstion of Condointaluni
Arbor J-leights, n Cundomintum
PINL1,PS COUNTY FL OFF. REC. K 14909 G 14i.G

Developer rescrvcs the right io nìaíntin a leasing as well as sales oluice within
ihe Condorninitini for so long as Developer is afferin Units for sale in the
ordinary course of business.
19. Compliance and Default. Hack Unit Owner and every occupant of a Unit and the
Association shalt be governed by and shall comply with the terms of this I)eclaration of
Condominium and all exhibits annexed hereto, and the rules and regulations ndopted
pursuant to those documents, as the saine may be amended fiorn time to time. The
Assoe1aion (and Unit Owners, if appropriate) shall he entitled to the following relief in
addition to ihe remedies provided by the Act:
I 9. 1 Mandatory Non-binding Aibitration of Disputes. Prior to the institution of' court
litigation, Ihe parties to a Dispute shall petition the Division br non-binding
arbitration. The arbitration shall be conducted according to rules promulgated by
the L)jvio and before tu-bitrators employed by the Division. 1he filing of a
petition lör urbiLrution shaLl toll the applicable statute of limitation for the
upplicable Dispute, until the arbiiration proceedings are completed. Any
arbitration decision shrill be presented lo the parities in writing, and shall be
deemed final if u complaint ftr trial nove is not filed in a court of competent
jurisdiction within thirty (30) days following hic issuance of the arbitration
decision. The prevailing party ¡n the arbitration proceeding shall be awarded
tlltorneys Ibes and costs incurred in connection with the proceedings. The party
who files a complaint for -a- trial dc yo shall be -assessed the other partya
arbitration costs, courts costa uid other reasonable costs, inctuding without
limitation, attorneys' fees, investigation expenses und CXJ)eflse5 For expert or other
testimony Or wvkkncc incurred after the arbitration dcciion if the judmvnt upon
the triai £k aovo is not more favorable than the arbitration decision lt'judgrnent is
more favorable, the party who filed a complaint for trial shall be awarded
reasonable court costs and attorneys fees. Any party to an arbitration proceeding
raLLy enforce an arbitration award by filing a petition in the circuit court for the
circuit in which the nrbftrtnion took place. A petition may be granted unless the
time for appeal by the tiling of u complaint for a trial novo has expired. If a
complaint for a trial de nova has been filed, ¿t petition may net be granted with
respect to an arbitration award that has been stayed.
19.2 Negligence. A Unii Owner shall- -be liable for the expense of any maintenance,
repair or replacement made necessary by his negligence or by that of any member
of his family or his or their guests, employees, agents or lessees, hut only to the
extent such expense is not met by the proceeds of insurance actually collected in
respect of such negligence by the Associution.
1 9.3 Compliance. In the event u Unit Owner or occupant fails to maintain a Unit or
Ihils to cause such Unit to be maintained, or fbils to observe und perform all at, the
provisions of the l)cclartgion, the fly-Laws, the Articles o ineorporalion of the
Association, applicable rules and regulations, or any other agreement, document
or instrument affecting the Condominium Property in the manner required, the
Association shall have the right to proceed in a court of equity to require
performance and/or compliance, to impose any applicable fines. to suc in a court
of law for damages, and to charge tite Unit Owner for the sums necessary to do
whatever work is required to put the Unit Owner or Unit in compliance.
19.4 Costs or Attorney& Fees. In any proceeding arising because of an alleged lidiare
of a Unit Owner or the Association to comply with the requirements of the Act,
this Declaration, the exhibits annexed hercio, or the rules and regulationa udopied
pursuant to said documents, as the sanie may be amended from time to time, the
prevailing party shall be entitled to recover the costs of the proceeding and such
reasonable attorneys' fees (including appellate attorneys' fees). A Unit Owner
prevailing in an action with the Association, in addition to recoverIng his
reasonabLe attorneys' fees, may recover additional amounts as determined by the
court to be necessary to reimburse the Unit Owner for his share of Assessments
levied by the Association to fund its expenses of the litigation.

30
1)eelarntirn, of Condoininitlrn
Arbor I Jeights, a CondomInium
PTNELt.A5 COUNTY FL OFF. REC. BK t4909 G 141,9

19.5 No Waiver [ Rights The failure of the Association or any Unit Owner to
enforce any covenant, restriction or other pJovision of the Act, this Declaration,
the exhibits annexed hereto, or the rules and regulations adopted pursuant to said
documents, as the sume may he amended ('rom time to time, shall not conatituto a
waiver of (heir right lo do so thereafter.
20. TerminatIon of Condominium. The Condominitim shall continue until (i) terminated by
casualty loss, condemnation or eminent domain, as more particularly provided in this
Declaration, or (ii) such time as withdrawal of the Condominium Property from the
provisions of the Act is authorized by a vote of Owners owning ¿it least 80% of the
applicable interests in the Common Elements and by the Primary thstitutionnl First
Mortgagee. ln the event such withdrawal is authorized as aforesaid, the Condominium
Property shalt be sub ect to an action foi- partition by any Unit Owner, mortgagee of a
Unit or henar as if owned in common in which event the net proceeds of sale shell be
divided among oil Unit Owners in proportion to their respective intetests in the Common
lIements, provided, however, that no payment shall be made to a Unit Owner until there
has first been paid off' out of his share of such not proceeds all mortgages and liens on his
Unit in the order of their priority. The termination of the Condominium, as aforesaid,
shall be evidenced by a certificate of the Association executed by its President and
Secretary, certifying as to the basis of the tenninalion and said certificate shall be
recorded among the public records of the County.
This Scctin may not be amended without the consent of the Primary Institutional First
Mortgagee and the Developer as long as it owns any Unit.
21. Additional Rights of Morlaac4eesirnd Others
21.1 AvailabilJy of Association Documents. The Association shall have current and
updated co1,jes of the following available for inspection by Institutional First
Mortgagccs during normal business hours or under other resonnble
circumstances as determined by the Board: (u) this l)eclnrution; (h) the Articles;
(e) the By-Laws; (d) the rules and regulations of the Association; and (e) the
hooks, records and rinancial statements of the Association.
21.2 Notices. Any holder, insurer or guorlintor of n mortgage on a Unit shall have, if
first requested in writing from the Association, the right to timely written notice

any condemnation or casualty lass affecting n material


portion of thc Condominium and/or Association Property or the affected
mortgaged tinit;
a sixty (60) day delinquency in the payment of the
Assessments on a mortgaged Unit;
(e) the occurrence of a lapse, caiiccilntion or material
modification of any insurance policy mttinthined by the Association;
(d) any proposed action which requit-es the consent of a
specified number of mortgage holders.
21.3 AsJ.çitiong] ¡.ights. Institutional First Mortgagees shall have the right, upon
written request to th Association, to: (a) receive a copy el' ari audited linuncial
statement of the Association for the immediately preceding fiscal year if such
staleinenis were prepared; and (b) receive notices of and attend Association
meetings.
22. Covenant Running With the Lan.. All previsions of titis Declaration, the Articles, fly-.
Laws and applicable rules and regulations of the Association, shall, to the extent
applicable and unless otherwise expressly herein or therein provided to the contrary, be
perpetual nd be construed to be covenants running with the land and with every part
thereof and iflierest therein, und all of the provisions hereof and thereof shnìl be binding
31
Dec1rntun ofCondorniniiim
Arbor Heights. a Coaoniinium
PXNFLLS cotjwry FL OFF. REC. BK 14909 PG 1420

upon and ¡ame to the benefit of the Developer and subsequent owner(s) of the Lund or
any part thercot or interest therein, and their respectivo heirs, personal representatives,
successors and assigns, but the same are not intended to create nor shall they be construed
as creating any rights in or for the benefit of the general public. All present and future
Unit Owners, tenants and occupants uf Units shall be subject tu und shall Comply with the
provisitms of this Declaration and such Articles. 13y.Laws and applicable rules and
regulations, as they may be amended from time to time. The acceptance of a deed or
conveyance, oc the entering into of a lease, or the entering into occupancy of any Unit,
shall constitute an adoption and ratification of the provisions of this Declaration, and the
Articles, By-Laws and applicable rules und regulations of the Association, as they may be
amended from timo to lime, including, but not litniied to, a ratification of any
appointments of attorneys-in-fact contained herein.
23. Additional roviSios.
23.1 't'Iotkes. All notices to the Association required or desired hereunder or under the
By-Laws of the Assodiation shall he sent by certified mail (return receipt
requested) to the Association in care of its office at the Condominium, or to such
other address as the Association may hereafter designate from time to linie by
notice in writing to all Unit Owners. Bxcept as provided specifically in the Act,
all notices to any Unit Owner shall be sent by first class mail to the Condominium
address of such Unit Owner, or uçh other address as may have been designated
by him from time to time, ¡n writing, to the Association. All notices to
mortgagees of Units shall be sent by ftrst class mail to their respective addresses,
or such other address as may be designated by them from time to time, in writing
to the Association. All notices shall be deemed to have been given when mailed
in n postage prepaid sealed wrapper, except notices ot'a change of address, which
shall be deemed to have been given when received, or 5 business days aller
proper mailing, whichever shall first occur.
23.2 Interpretalion, The Board nl Directors of the Association shall be responsible for
interpreting the provisions hereof ¿md of any of the Exhibits attached hereto.
Such interpretation shall be binding upon all parties unless wholly unreasonable.
An opinion of legal counsel that any interpretation adopted by the Association Is
not unreasonable shall conclusively establish the validity of such interpretation.
23.3 Mortgagees. Anything herein to the contrary notwithstanding, the Association
shall not be responsible to any mortgagee of' a Unit or Jienor of any Unit
hereunder, and may assume the Unit is free of any such mortgages or liens, unless
written notice of the existence of such mortgage or lien ¡s received by the
Association.
23.4 Exhibits. There is hereby incorporated ¡n this t)eclaration all materials contained
in the Exhibits unnexed hereto, except that as to such Exhibits, any conflicting
provisions set forth therein as to their amendment, modification, enforcement und
other matters shall control over those hereof.
23.5 Signature of Preident nd Secretary. Wherever the signature of the President of
the Association is required hereunder, lite signature of a vice-president may he
substituted therefor. and wherever the signature of tIte Secretury of' the
Association is required hereunder, the signature of an assistant secretary may he
substituted therefor, provided that the some person may not execute any single
instrument on behalf of the Association in two separate capacities.
23.6 Governing Law, Should any dispute or litigation arise between any of the parties
whose rights or duties are affected or determined by this Declaration, the Exhibits
annexed hereto or applicable rules and regulations adopted pursuant to such
ctuctiments, as the same may he amended 1ì'o.n time to Linie, said dispute or
litigation shall be governed by the laws of tIme State of Florida.
23.7 Sevea_bil its'. The invalidity in whole or in part of any covenant or restriction, or
any section, subsection, sentence, clause, phrase or word, or other provision of
32
Declaration of Conti atrita juin
Arbor Ilalaitis. a CûodoniJnlum
PINELLAS COUNTY FL OFF. RiC. mc 14909 PG 1421

this Declaration, the Ethibits annexed hereto, or applicable rules and regulations
adopted pursuant to such documents, as the same may be amended from time to
Lime, shall not affect the validity of the remaining portions thereof which shall
remain in full force and effect.
23.8 Waiye. No provisions contained in this Declaration sl-uill be deemed lo have
been waived by reason of any failure to enforce the same, without regard to the
number of violations or breaches which may occur.
23,9 atjflcation. Each Unit Owner, by reason of having acquired ownership (whether
by purchase, gift, operation of law vr otherwise), and each occupant of a Unit, by
reason of his occupancy, shall be deemed to have acknowledged and agreed that
(i) all of the provisions of this Declaration, und the Articles and By-Laws nl' the
Association, and applicable rules and regulations, m'e fair and reasonable in all
material respects, and (ii) automatically consent to any rezoning, replatting,
covenant in lieu of' unity of title, change, addition or deletion lawfully made in, on
or to the Condominium Property or adjoining property by the Developer which
are implemented in accordance with the mquireinents of this Declaration and the
req uirenients of F.S. 718.110(4). and in such regard, each Owner, or occupant ola
li nil, hereby designates, the Association to uct us agent and attorney-in-fact behalf
of the Owner to consent to any such rezoning, change, addition or deletion. It'
requested by Developer. each Owner shall evidence their -consent to rezoning,
change, addition or deletion in writing (provided, however, thai the refusal to give
such wrítten consent shall not obviate (lie automatic effect of this provision).
23,10 E,tecution of Doeumeifls: Attorney-in-Fact. Without limiting the generality of
other Sections of this Declaration and without such other Sections limiting the
generality hereof, each Owner, by reason of the acceptance of' a deed to such
Owner's Unit, hereby agrees to execute, at tite request of the Developer, alI
documents or consents which may be required by all governmental agencies to
allow the Developer and its affiliates to complete the plan of development of the
community as such platt may be hereafter nmended, and each such Owner further
appoints hereby and thereby the Developer as such Owner's agent and attorney-in-
fact to execute, on behalf and in the name of such Owners, any and all of such
documents or consents. This power of attorney is irrevocable and coupled with an
interest. The provisions of' this Section may not be amended without the consent
of the Developer.
23, 11 (',cuder, PluralIty. Wherever the context so permits, the singular shall include the
plural, the plural shall include the singular and the use of any gender shall be
deemed io include till or no genders.
23,12 Captions. The captions herein arid in the 1xhihits annexed hereto arc inserted
only as a malter of convenience end for ease of refeienec and in no way define or
limit the scope of the particular document or any provision ihercut'.
23.13 Mold and/or Mildew. Mold and/or mildew can grow iii any portion of the
condominium that is exposed to elevated levels of moisture. The Association und
each Unit Owner agree to: (i) regularly inspect the parla of the Unit. or Ccirnmon
Property that they respectively maintain, and which are visible and accessible
without having first to conduct invasive testing, for the existence of mold,
mildew, and/or water intrusion (except when the water intrusion is part of' the
normal functioning of improvements and appliances such as showers, sinks,
dishwashers, and other similar appliances and iniprovernenls) and/or damage; (ii)
upon discovery immediately repair in a good and workmenlike condition the
source of any water intrusion in the parts of the Unit or Common Elements that
they respectively maintain: (iii) ren-tediate or replace any building material located
in the parts of the Unit or Common hlcinents they respectively muintuin that has
absorbed water or moisture as a result of' water intrusion; und (iv) and promptly
and regularly remediate all mold and/or inikiew discovered in the ports oldie Unit
or Common Flements they respectively maintain in accordance with current
industry-accepted standards. In addition, the Association agrees to notify the Unit
33
l)eclaret*on of Condornìniirn
Art-'or Heights, a CcmdelTlinium
I?XLLAs COUNTY FI. OFF, RtiC. 2K 14909 PG 1422

Owners, and each Unit Owner agrees to notify the Association olthe discovery of
mold, mildew antllov water intrusion and/or damage in the purts of the tJnit or
Common Elements they respectively maintain.
Notwithstanding anything to the contrary herein, Developer shall hnyc no
obligation to perform any invasive testing or inspections, maintenance or repairs
and shall not be held liable for any loss or damage caused by the failure of the
Association or Unit Owner io pertbrin their obligation herein.
A Unit may trap humidity created by every day living (cooking, bathing,
laundering, etc.). As a result, condensation may appear ori the interior portion of
the windows arid glass surfaces and fogging of windows mmd glass surfaces may
occtir due to temperature disparities between the interior and exterior portion ol'
the windows and glass. If' leu unattended and not properly intintained by owners
and occupunts, the condensation muy increase resulting in staining, damage to
surrounding seals, caulk, paint wood work and shocirock, amici potentially mildew
or molti.
2313 Pisciakner..ofWrranies. EXCEPT AS JMI'OSED BY THE Adl (AND TI-lEN
ONLY TO THE EXTENT TI-lEY CAN NOT l-3E DISCLAIMED). NO
WARRANIIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR
IMPI.IED, J-lAVE BEEN GIVEN OR MADE BY TI-IF DEVELOPER oR ITS
AGENTS OR EMPLOYEES IN CONNECTION WITH ANY PORTION 0F
THE CONDOMINIUM PROPERTY (INCLUDING TIlE COMMON
ELEMENTS AND THE UNITS). ITS PHYSICAL CONDIFION, ZONING,
COMPLIANCE WITH APPLICABLE LAW, MERCI IANTABJL 1TY,
HAI3I'l'ABILITY, FITNESS FOR A I'ARTICULAR. PURÌ'OS'E, OR IN
CoNNECTION WITH TI-LE SUBDIVISION. SALE. OPERATION
MAINTENANCE, COST OF MAINTENANCE, TAXES OR REGULATION
THEREoF OR IN CONNECTION WITH THE OPERNI'ION OF TI-LE
ASSOCIATION. ALL OWNFRS, BY VIRT1JE OF TI-mIR ACCEPTANCE OF
TJ'II.E TO THEIR RESPECTIVE UNITS (WHETHER FROM THE
DEVELOPER OR ANOTHER PARTY) SHALL BE DEEMED TO llAVE
AUTOMATICALLY WAIVED AI.L OF TI-lE AFORESAII) I)ISCLAIME[)
WA RRANTJ ES.
IN Wf [NESS WHEREOF the Developer has cedjbs Dcclaration t be duly
executed and its corporate seal to he hereunto affixed this JL 200ó,

Sign-c! inthc presecçe o ARI3ÖR H1GI-tTS, LLC. a rIorida limited


d
liability company
Print Nmc: A9
Prt1Ñame: ''Cj1 1, fi,' Juan E2øt Mmusager

STATE OP FLORIDA )
) SS
COUNTY OF MJAMI-J)ADE )
BEFORE ME. personally appeared Juan E. Puig, as Manager uf ARBOR IIEIGI-ITS,
LIC, a Florida limited liability company, who ufterjieing-. irsr-duly-swcrn, deposes and slates
that he has executed the foregoing on behalf 9-flhc limited liability compmiiìy, Lie presented
- as idcntit'ication,r is personally known to me.
SWoRN l'o ANt) SUBSCRIBED before mue IhiscIt-J day o

3-4
t)c.claratiuii of Condominium
Arbor J-teiglus, a Couìctommiiirn
PINEI..LAS COUNTY FL OFF. REC. 131< 14909 G 1423

NOTARY PUBLIC, Slate of Ibrida at


Large
Print
NOt
ai Publie rT1c',
, c:?
My Cornniisskm 1xpires

'
a_ P4
yconIn.seanPO$4WT
BxpP*ø 8.vwmb IL

. Pi I )vi k 'fbr klCondo riflI,aiIon (C}3).dc

35
Of Cndo niurn
Ali3øv ¡ih1s, a COud inLnlu n
PINEILA8 COUNTY FL OI?]t. REC. BK L49O PG i-424

JONDE1( AND CONSENT OF MORl'(AGEE


TO flECI.AI1ATION OF CONI)OMINIUM
AIUtOR hEIGHTS. A CONI)OMINÍuM

Ocean hank (the "Mortgagee"), the owner and holder of The Mortgage and Security
Agreement datecl1 J4 , frani Arbor Ileigtits, LLC, a Florida limited liability company,
in favor of Mnrtgag\ as recorded on 1n the Official iecords Book 1LLQ
page fr7C) » of the Public RccordT al' Pinellas County, Florida, hereby joins . at
in to tize
li
execution o1 and consents to the Declax-nijon of Condominium of Arbor Heights, a
Concloinin ¡uni.

Nothing contained herein shall be deemed lo or in any way limited or affect the mortgage
held by the Mortgagee or the priority of the lien created thereby and the sole purpose of this
Joinder and Consent is to acknowledge the consent of the Mortgncc to the aforesaid Declaration
of Cendornin juin.
1'his instrument is executed and delivered by the Lindersigned puI-suan to and for the
purpose of complying with §718.104(3), Florida Sta Ites.
Witness.4 LUfl Bank

Print Print Nanc:


1'itie; "S»L,-c,a. ';ce.-
Print Ñmc;

STAVE 01" ..»4t. )


COUNTY
The foregoing instrimient was acknowledged beibre mo this .? 7&day or
200 c by Y4.4' 4'
tdk
.- us . 5'r.-Yof Ocean Batik, a
behalf of the corporation. 11e is ( ) personally known to
nie or ( ) has pro ed as idciiiificuiion and dici take an oath.

My ccmmissIo espires;
PINELLAS COtJNTY FL OFF. REC. 13K 14909 PG 1425

EXHIBIT "1" TO DECLARAI'ION OF


ARBoR }IEIGIITS, A CONI)OMJNIUM

LEGAL DESCRIPTION

Parcel I
Loi 1, [hock I o f "T l-lE WOOl)S AT FRENCHMANS CREEK", according to the plat thereof us
recorded lui Plat J3ook 96, at Page 40, of the Public Records of Pincitus County, Florida.
Parcel 2:
Together with u portion of vacated right-of-way of 58th Avenue South, being described as follows:
The Ease 387.00 tet of the South 30.00 feet of the Northeast '/ of the Northwest /4 of Section i L
Township 32 South, Range 16 Fast, Pinchas County Florida; Less the Fast 30.00 feet for 28" Street
right-of-way.
-Which Porcel 1 and Parcel 2 are also described as: Commencing at the Southegat comer--of the
Northwest ¼ of Section 1 l,-1'ownhíp 32 South, Range 16 East, PinelIas County, Florida, as a PoInt
of Reference: thence N 00° 06'22" E, along the NorthjSouth centerline of Said Section 11. 1339.65
feet; thence along the South line of the Northeast Vi of the Northwest ¼ of said Section II, 8.89° 50'
47" W, 30.00 feet to u point of Beginning; thence continue along said line S 89° 50'47" W, 357.00
fèet; thence N00° 06' 22" E,. 30.00 feel; thence S.89° 50'47"W., 886.80 feet tu n point on the
l-aster1y right-of-way line of 31". Street South; thence N 00° 07'39" E, along said line 639.04 feet;
to an intersection with the South line of "STEPHENSON'S MAXIMO SUBDIVISION UNIT 3",
as recorded in Plot Book 72, at Page 89, Public Records of Pinchas County, Vlorida; thence N 89"
48'38" F, dooM said line and its Easterly extension, 1243.57 feet to a point on the Westerly right-of-
way line of 28" Street South; thence along said line S 00° 06'22" W, 669.81 feet to the Point of
13eginnin.
PuILLAS COUNTY FL OFF. REC. SK 14909 PG 1426

EXHIBIT "2" TO DECLARATION OF


ARBOIt HEIGHTS, A CONDOMiNIUM

SURVEY - PLOT PLAN - FLOOR I'LANS


Arbor Heights, a Condominium
Cover Sheet

Cover sheet 27-Bding Type 'E. Dinsion Plan No.2)


LegaI Deacrtion, and Location iap 28-Building Type 'E. Fret Floor Plan lBuIthrç No.2)

&zrveyor'a Notes and Certificáte 29-Building Type 'E'. Second Floor Flan (BuildIng No.2)

Key Map 30-Building Type Roof Plan (BAdIng No.2)


31- Building Type DImenalon Plan (Building No.1)
5-10-Survey-Site Plan, Graptt Dèscron of Improvements
32-Building Type 'F'. First Floor Flan (BUilding Nc, 1)
Building Type 'A'. DImenabn Fian (Buildings Na 9 and 13)
33- Bding Type 'F'. Second Floor Flan (BuildIng No.1)
Bding Type 'A'. Frai Root Plan (Builga No.9 and 13)
34-Building Type 'F'. Roof Plan (Building No.1)
Buil* Type 'A'. Secønd Floor Plan (Bi.*kfngs No.9 and 13)
35-Elevation Plan (Bngs1thro413)
Building Type 'A' Root Plan (Buildings Na 9 and 13)
Building Type 'B'. DImerion Pien (Buildings No.10 and 12)
36-Unit Type 'r
37-Unit Type T
Building Type 'B'. Fret Floor Plan Bngs No.10 and 12)
kfrg Type 'S'. Second Floor Flan (Bdirça No.10 end 12) 38-Unit Type T
Bk Type 'B'. Root Flan (BLdingS No. ID and 12) 39-Unit Type T
Building Type 'C'. Dmenaion Pla (9i.jdi No.3,4,5, and 6) 40-Unit Type Y
Building Type 'C'. First Floor Plan (Buildings No.3,4,5, and 6) 41-Ckb House and Latdry
Bufl*g Type 'C'. Second Floor Plan (stslds No.3 4.5 and 6) 42-Taue Na i

22-BLthcilng Type 'C'. Root Plan (Buildings No.3, 4, 5, and 6) 43-Table No. 2

23-BuilthgType D'.Den&onPlan(BuildrgNo.7,8and11) 44-Table No.3

24-Building Type 'D'. First Roor Plan (Bd No.7,8 and 11) 45 Table No.4
25-Bui Type 'D'. Second Floor Flan (ldlcg No.7,8 and 11) 46-Table No.5

26 BuildIng Type 'D'. Root Plan (BurQ No. 7,8 and Il) 47-Table No.6
48-Table No.7
EXHIBiT "2'
mit .Ifl,,ien I,
:u

J .H. Arbor Heta, a Cciidcrir


1

m
Arbor Heights, a Condominium
Legai Description, and Location Map

LEGAL DE5CR11ON
LOCAI1ON MAP
Pcr 1:

t ThE WOODS .° NcMA.N to the pIs:


ord i P1L OÇ . ot P;o 4, ? i.i o)o Ror o
Prts :rly.
2:
Tte to o poron F t-o?-oy *nue So,. oti
teobeO os 7h0 °ot feet of Fhe ojth .3T fee? o the
rtoo: 1/4 & e Ohettt /t o? Sen , 32 :. ço 1 Z: LO1 .LOCK. t
cet. Po&os oe.ty. Leos tue ou 3C.3 foot fc 2tru. Strcot ;iut- PLAT BCOY 9 ?AE4i)
of.wy. Ill P1NaLcouorry cos
?ItTFtI oreo? oi 2 oui oo Oebe o the 5u!heost ose h-
Z, PAt. '2 .0
of ttt *tljot /I.;f St. t. To.j Soutf., Rooue S Stt., ?hs&t
5
5ouMFy O?oTto. os o Pou.: of Reo: t?,eieos N CO2rE, ouon ie
NfSwh Cen!woe of oouo eoton 3 11393 feet theioe oig lui So.&
At o' Oso lførth000f t/4 0f ¿(f NO(IhtZ? f14 of eo0 esor 1, 54fl4
I
let? 20 0 oeeit Of 8oiior tfict,:t O10i os0
s34r. F*et. thoi N.Z3f'22t, 3 (tot toeoso
.3L3 feet to o uom: to oie !xvFy rih:-o'woy lie øf 31st.
Stiet Ssuo thee N.JT.3SZ. ou soFa rh' 63.O4 teet: FO to
sei tOto th Stoots 1r of XA1 1.9)0 UNIi , to
ieeoo r Plot 3ook 72. c: oe * Pst0c ?f000s of POnetlos Cori(y
Fboo& theie N.!433. 5iOn oot tue eeo to EeitcO, toLeiuii.
15435? fest to o o jIs *ootoly çfit-f-etoy ¡ese of 2am. Street Sto; SECTION 11-32-16
thent oes o5u itie S.3'P522W.. OE3t feti to tse Pot of eip.o.
Popety I4$ 300! 5001. £sou.o Sooth. 5 Potrr. 000
Ptopry '2

EXHIBIT
(T . I. - Aft H aC lOWt
Odt 573w.
L
TI

'.D a
IKJL
l
5.

.. -(T .. 0t.J(
es-- & s - toce oo o àim. et L t. 1os w.
Arbor Heights, a Condominium
Surveyors Notes and Certificate

SURVEYORS NOTES EF11RCATE 0F SURVEYO9


THAT 3FIND A PfiO$SmlAL LANC 5URvtR, DL A21?OR.Z 1

1.. L.'t he'e' wre ø,2';te 'r t.,menn emd/ lmt -'-iy PACT1C IÑ T?1 5TA1 ÛS HtY CERIì' THA ÌHF 3N$C11Di
rcr u i'« n Tille C'rnitmu; iyef *l1e)i' îitle £.jri1:: F TI4 iMPRMTS Af4I Arbor Heut a Cøncjomr*jn
inc.. Flit -2-D55. 2S 1S iDM ttIEAI 5IJ4TiI °D SO T T
- )l lir,,pt tm nact y !.% S.m t IoN u#c..if lm, feç CiN EXHI 2 tF TiF CLATO o: CON fAilli. 3R Afl
afh3, wollt - m u u.w re i' TilE Pii$ o: THE CLAATiOtJ QEC3IN ThE CNcLli!
T flmrJ nr wy liai JtCTE R .5NiiiCre OF i tfTi AN ¡I2ENS'l$ DT
if y
4-The N,'i rt ilit !t r1 ttli 01 ii Sliuie
THE iwP OVZMEIOS AND SO ThAT PIE !DiTlflCeTii. LATlN ND
PIE CEWN i'fT5 fAD OF EHH UNT t*ii E DE1EUNE3 2R0A NEED
QèS 0

f ¶.trtcI D *r
ro2.e
Th DN FUR7HE CERTifIES THAT Ajj PLM1'ED lTE. wCLiii.vC.
5 ftto*o w o Delittt 'ft't, Doi,w. 9JT No: JIATEE TZ L IDSCAPJ Uu1LJT EDHTEUS AND ACCESS TU ThD UCS D
COMDN AREAS FAUIES HAVE 2 .ST'TifLLr CaJL.TES,
2U2D h*e Se )
- Arto o tt t.&l+/- A.e& UIANY L6532
- 2onm: t {liule Uotc)
5- Flou Zone Dio CmruoJ °01« ate DU/D3/3
iow Zue C 3mo '.ou £ltmtlle, - .120 (Woo.1r !/ of SJ)
FlO Zone E Doo Fløtd tvti - tulofiy 2/3 of
U- iidm kbu1c Frto - 25/ 2fe - 2D fepj / Sle 25 feel
l4tjnb' f Ptic 5un 342 (;tod puu)
'dv poee)
35 (tici wle) 4 (r;r liy edej
jliinç f.tiçt 13 2 So 1to2 Um;T DATED:
2 - i 5ly A Cf$oy lio
RECSTERED LAND SL'RVEYDR N. 2905
&ATE OF FLOA
NO1E
H5 C! iJ'DOk 04&'f R NE fr.tAI AS SIC* RE)i.
2) THiS S NOT A CERDFICATE o: zo o -'
FEEDO FO £M:U'4RANCE -:
NATJAfID pii': mmm

AL AJ AL ' A A LJCEfISEII THEiOR &'3 ;.-': -.

'

-\
s,
EXNÏíT
nm 21 tUlifli
T
Pi .fl.
'
u
XfiNC. m
'V

i -
3r 5Tl #U S: 0-, f!. JT'i
0-
wo wu a n- t a Y P n .

j
31 ST. STRIJ3T SOUTh

i_

T)hS1 NUIEWi1S *I%C Ut4i T T4t»MWI%

1*ç_ ._$I_ "


'I
I *
E

t.
_d
\' - Ç.s

R -
N
II
ç

LI

T '::
L

ft
I
n lWt )ay Irn)L*)Lt3
1Ufl$.IPNP HO. Il - 1VPK 1r Io

OIS
t-- h
IHESt Nuu3rnT ARC UNIT NUMOERS

m
>< I'wcIOTrIRV IItLII.I)INLI
.'rwu NtI7k'. I1LILI.DINO
HIt.Otn NO - 1Cth IttUIj)1140 Ì1I N - q rh -Ir

w
:

J -J I

t
1 606V C >tu )U LlO 'Lif ALNCI0D SVI'TIMI1
Arbor Heights, a Condominium MC

Survey-Sue Plan, Graphic Description of improvements

rwr.t.
1243371(RLM)

EA.ÇEE

-- lt
4 t..

CI I
CE
Irsf
Ci.
AÄ1 CE

cr. r
ci. Ci
IL
a nn
=

! l3 ci.1]
/ C.E
g.
/ ¿7
n
i CE &-
,' ,/y- CE
CE.
II
ci.
E CE.

ACE
ABURE Vr AllONS

iES EXHIBIT "2e


Arbor Heights, a CondOminium
Survey-Site Plan, Graphic Description of Improvements

N894

ri
'-/ *
:, t i C.E.

H
I ¡f
c4 Hz'i i
I I

-1' i
I I t

. i-..t i
1./ \I
, :

Z1l
It11, t L'

I .r/j
t , i
I :
I
Iii /
I

f ¡
I ¡

f
I iII t

CE.

I
?
00j. it I

'CE.
-

I
Lt I

-z L.
I
i
I
t j .
ABBRE'Afi
ttL). Nr L1D L44

(.E) ts

lv1$IDfl F I

JH -

D fl £4 C7.
vrii'ttd AflÖD 'LEI t.ilO 3 606PE Da
-t
r-)
r')
n tu =1
i w
><
m
(n
(D
3
(D
o
-r,
i..
I
¡
I
j;;
::- p
-co rN»h.i' P
(D
I
o <
.' (D
-,
(J)
k T1
î IP
69.O4'(M) NO()1'3ó'E
69,O4(X) fl NOOO7t39"
t
S 31ST. SOUTH STRIET 3iST.
*ÎVWtPAVJ4Y.AY
PINELLAS COC.)NTY FL OFF. c. 14909 p 1434
1Z8 699 M1,Z19OM0S
.6L 699 M,L1.900OTh
Arbor Heights, a Condominium
EW
Survey-Site Plan, Graphic Description of Improvements

C! C! r
z
C.E.

C.E

1,
:
C!. i/ jÁyzr
f(Z-AY I/ii, C!.
c
-f

1.. C.E.

.'
C!.
. r -I
r -W)ESF7 I
NO26HE 3O.O4 C!.
zi- * L.
_)
ING 0O221E3OOO(R) J'.-
)
-
SS9°555"w357,OD
S8TH!IAVEN1JE SOUTh S895O147'W 357.00(R)
L

ABBRF1ATÌÛNS
JC5 lli EXHIBIT !2
(.
O.eL
o;z :zM

-&tS iZIVIIlI'I
tTU
).J .11.. MANtCY. fC.
t
'\ a C*Ñ U

I
A 'n
H
1t44 45fl 9
EZ I.

rS oea tn - s - *. b ka,. va. v. e-


fl\
ltan r SS cr s !m .nl n ¿r .C
I
I
Arbor Heights, a Condominium
f
5urvey-Se PJan, Graphic Description of Improvements
g ti
ti
b
'
'f _/_ \':.'- «4'y C

Li t

ol lt
rl):
\\ \ );
CE.

k C.Ei

1;. \ .' C.E

/
CE

t
i
4"
'Pl C

-II
C.E.
\ C.E:
..,
CE J

t,
_J
/ FI

/
I N1IONPON'
i,
/1 II
I

¡t
i! t
F

I'i
¿

f
.1

/' I
I
II
\\ i
C.E1A
/
_____1 I
-k--
C!.
i
t ID.g
StItISiO.tX
çMJ
t vgL.LE, nil L--W

JÓ1r1./kvtIrJS,IJI.L 58TH

ABBRE1AT1ON

EXHIBfl 'f2"
1)INELLAS COUNTY F1 0FF. REC. 131< 14909 L'O 1437
I
F
C4
R;
I
In
><
w
cv)
-a
i
C
cd
o)
o
0)
e- oC
F-' C
cd
-O
O
Oo C
cn
V
V
1) R
cri
O
ci) a
F- I
O C
V
_o =
-
.5
Arbor Heights, a Condominium
Building Type EA?. First Floor Plan (Buildings No. 9 and 13)

ABBREATIOS
EXHIBIT "2"
2
ar»t
". -. Y ti
.l aaiT
TA

J.fl.M.4ucv,txc- A F a

- ,

,çaa..s!s. wtra.. - nfl - s


JI i \
. s.c cnn ca, F
t

p Cn a t -
Arbor Heights, a Condominium
BuiIdng Type 'A". Second F'oor Pian (Buildings No. 9 and 13)

SCALE

o' y xi.

/'7/
'\I'
// L co -co
- -// / coi
\\ 3cø«
LI
8EO \
_\\
'/'1 \\
Lt LC LOE C

// t,;,/ //
/\ t \" /
i
.

y '
\

,1
2' 'I/ '/'\
/ \. // / /

r- - '1i ;ì
CE.

3REVMON
¿-z. :'c1s ii;
(- rNE3 Jv Ed% EXHIBIT
1.a .I,nIa.S T__1 I,t -
M He aC
tr
. - t_ . $M ElWqflht W M , C SBfl *. W1 CW .O S' se -
PIN1L1S COUNTY FL OFF. REC. 13K 149O) pc 1440
(Y)
-t,
uS
O)
E o
U)
O)
c
E
o -U
ffi
oo a-
-s-
o
o
a:
O)
41) a
o
-o
O)
-O
z'
m
-
b
Arbor Heights, a Condominium
Building Type 'B'. Dimension Plan (Bildings No. 10 and 12)

ARßREVAT1S
pa:E.
EXHIBII 2!
:-- &o' : aNr«
ha WXs

P. j:ZcYrc. ST' Ç IIr


rh. fl
nl nfl - sca, Vas r,, s ewnanP rS .,n r r rs' s. - i
Arbor Heights, a Condominium
Building Type T. First Floor Flan (Buildings No. 10 and 12)

CE.j

CE.
c.E

ABBRE\4MÌONS
9OiS LO
EXHIBIT
tL,. XN
I -- - -
- i I

WborUeÇducmriiin D
' 16
!
n u

.- - SM I V ___ -
f

-
Arbor Heights, a Condominium
Building Type B'. Second Floor Plan (Buildings No. 10 and 12)

ABRE'1A1ONS
ia
.&
c

.IEVfS;Ofl

J .j1.MÀNUCY.L%t
i i I( k
EXHIBIT
2!fl
agi
4W ;.
.4 - * n" - . L *tfl t! W r. -u
V Pt fd 606 P t >B Att4ÛcD BrTINI
Vt?1. 6Oc5tt M o2! ,iLiiO 'Li{ AJ.t'XflOD v1aNIa
Arbor Heights, a Condominium
Building Type 'C'. First Floor Plan (Buildings No. 3, 4, 5, and 6)

ABBREA'flONS

L). Zil ca EXHIBIT


J.H.NCUC.
S
I_ti
2O
T
- .. t . aa t là *4It t tS --- - -. _nn. - - -
uropu3nJoqIy I
i
I .1 -ii1L,ct ttain4*! Inc.
JJ8IHX2 SNOLLY!A38Y
,oc .o
(9 pu 1g 1fr C 'ON s5uippn) U'Bjd Joo puoo adAj U!Pjfl8
WflU!WOpUO3 B sq8!a
3IZ,2EI.LAS COUNTY FL OFF. RC. RK 14909 PO 1448
6VVL Dd 6O6't ) z,:ji dL!iO fj
Arbor Heìghts, a Condominium
Building Type tDt. First Floor Plan (Building No. 7, 8 and 11)

CAC SCALE

r' r
C.E.

vv C E.
c.
T
:1
CjE.

ABREATIONS

(C.U.
»3TS ..ÍEt
EXHIBIT '2'
U IIelTZta,

kb H & Cm 24
i-4
I s si

WT . L W ta tsi a* s flt i. a a ¿ n t
Arbor Heights, a Condominium
Building Type 'D'. Second Floor Plan (Building No. 7, 8 and 11)

O'

ALCO

L\ \ / 9ALcN .
LC

C.E.

"/,,«
/
\
/1
j
1&/
/
.>!
L
.

CE. CE. C.E.

[L' C. E.

AB8REVAt1ONS

EXHBIT

'u'
CCZ D1
w
Ñ H* a cii
! ;.n:I:n, ¿ha
UAt
1J.H.MANUCY.LNC.
Th : '
t
hht
n
, S - fltSC - - k tU AJt t ,WtYT. ¿t. CF. C Ct U U flUt U I. ¿ t_ U.
P1ELLAS COOTY IL Or'. 13K 14909 PG 1452
PIN1iLLAS CO(Jt4TY Ft. OFF. REC. BK .49O9 PG 53
(
Arbor Heights, a Condominium
Building Type tG'. Ar81 Floor Plan (Building No. 2)

O' IX ZO' 3

/ LC

\ \ j,r.
¡ :-
'/P-.' // \ /C/1.'
'EZ / ,; J, /
J, f.

//ìA\\
LE \\\c.E ,,// C.E.

//
L
z j/ Ir-
,ç ;th1Wr

u LJ
8RViA11ONS
'C5 LM
xçtS ÑQ
ç.hC :i- EXHIBIT
cT .

- 28
, 4Et ic:.
; -. * . _,. ..
Arbor Heights, a Condominium
Building Type 'Ge. Second Floor Flan (Building No. 2)

c E

O' ' 21

EChY
L1

¡z, ..y

c.L. C.E.

ABEÀDONS
LL' ' EXHBIT 2"
L- C :Jdc( r
f1
J.H. 'tCY,ENC - kb H a

, - - a SPut W S a. T. C lS * SWP WO7 Sta W *a t% L.. .C /


PIN1LTS COtJWEY FL oI?F. REC. ( 14909 PG
PXNELLAS COUNTY FL OFF. REC. BK 14909 PG 457

1
Q D-
(D
-
s
CD CD
-(Q
I 3
CD

Ca
o C)
3A

:B

nl
><
w
I
I')
J
Arbor Heights, a Condominium
Building Type IF'. First Floor Plan (BuildIng No. i)

AC AL
r 20'

UI

oe

fr;
fr;
o
Ç:;;

C.
A8aREv1Ayc4s
z (L- X! :. &; EXHIBIT 2!
o *
u

z
UI
I W7 ¿S - SSC n.a. S a SSC ta iaf t Sr a a. ¿ t n
H
Arbor Heights, a Condominium
Building Type 'F'. econd Floor Pian (Building No. 1)
SCALE

.'

.._./ ,,/ / /
/

s..L..

C.:. C.E

A8ßRVTA!1ONS
..Wt WCj .'k
EXHIBIT
INLLAS COUNTY FL O]?F. FEC. BK 49O PG 1460
Arbor Heights, a Condominium
Elevation Han (Buildings I through 13)

Addss: 31 587M ARrU2 SotTh, S Pethas Fi 32712


ELEVA TfONSH(hFee
F.FE!eon
.iikIJngType BuilcffngHo EF.E H HZ HZ

F 1 +1107 +2c).0T +21.01 +29.07


G 2 +12.00 +2 +21.06 +29.00
C 3 +12.05 +05 +.55 +29.05
C 4 +12.05 +20.05 +21,05 29.05
C C 5 ¿12.05 20.05 +21.05 +29.05
F. F. L' e#
_1. C 6 +12.05 +20.08 +21.08 +29.05
O 7 . +12.13 +20.13 +21.13 +29.13
= -+iI- i- i-. O 8 'iT8 +20.18 21.13 29.18
A 9 +12.13 *20.13 +2l.1Ç+25.13
B 10 +12.05 +20.05 +21.05 +29.08
D 11 12.00 .20.09 +21.09 +29.0
S 12 +1219 *20.19 +21.19 +29.19
A 129 +.09 +19.0
0,

Arbor Heights, a Condominium


Unit Type

CfIC SCALE
r -5 - 10
15 20

UNIT TYpL."I"

ALJR[VIATIONS
0.1:1 ) DI NOI1:S IIUIIIIJ CC4IIt
CC CCC DI MDIL5 COUC«Y4 titIlt ICC
(ILIlI 1,1
EXHIBIT "2"
1J L
ICI tOflMSIl COCCI, SII K* ICS I#ICFI&IC. 05 410* K.IjI DCC I-C P.010 0* 04t ..ø*C000 - ¿$0, 0Ct. DC. COI II) K KRÄHt C, .SCCU
flÇIL3Il
CCOO R?001*d E_IDI IC fUOCO Is_ILIOCCI WIll A E E_0_CV. CO

9Vt 606P1. ) O iIO 1oET X.LNflOD V'I'IflId


Arbor Heights, a Condominium
Unit Type

0 5' 10' 15' 20'

IERRACE/
ßAICONY
I .C.E

iNIî fl'P ii:

( '.t- nrNcoTrs ro,rn


(r t j- brNc,I, s cnJu,oí rit urn r EXHIBIT "2"

_*_0_, A flAIS S flPtN* 4.1 0.. S 04 ltIIv - 4.0. Mk...t,. IC. ,.fl

9Vt 606t'I MB 'Z»tU .iL1O '1. 2J.tWiOO iffNII


f.

Arbor Heights, a Condominium


Unit Type

n ,-
0' 5'
APHC OC

10' 15' 20'

I ERR ACE!
(3ALCONY
.c.E

UNIT TYP "III"

VIA lION S
t»4OI, LÜ411(t) CIUMf4
lOt I- I$«OTfl C(Slgtj«
EXHIBIT 2"
dAJNC
1*911 ¡Mn. ¡Ô M.1*. âI V4WcAI*.. bC*
1;a
W«ltt f0 Un tUn = lot 4rn,, n nl. On.Ct, Oc. 091M M 141.MtI M qq f,pS. oat., AMAtI OU flics *9,,AtA.t ,,, * q, olI, lot J

LJc 606P1 '1..1 LLNûOZ V'Z'I3NId


Arbor Heights, a Condominium
Unit Type

APf*c 8CLE
o. 1O t5' 20

TERR ACE/
IALCCN'i'
ICE

UNIJ TYPE °IV'

A8REV1A10NS
(0 0'l ,)-. tlri.OILO 10111w iU.U0, EZOUCOr
(i.L)- 0000lIc Cow. 00 Cw(U0?
EEXHIBIT "2"
J.FI. Arbor P-$et8. a Condcxrinkxn 39
3001 ShIt 010001 000lIt. 51 l'I II 11110010. II 33DI
(O CW...Mt M4 HL ,Mwç. Da. WtOIMs,(0 .Ifl a. .k#tt. - 0 100 Il IDI 1M10011 - 114. jouai. wc. ICI lin VISAIS. WI ICISI ti 11*1 01101 001I n nIl,. IMI,iMtWl0.l, MHIaO OC.

6O6Vt )ftl 2s .OLIIO 'L AJ,NfIOJ YINId


Arbor Heights, a Condomìnium
Unit Type

r-
0'
-r---
5 10'
PI-IC ØOLE
- 15' 20

TEUIACE/
D AL CON Y
I .CÄ

UtDROQM

- . 0(1110 (01 11W C1$ll1lu4 1001 .IU11LIOI ((11$, i (Iii. 1(02. I?l SOIl I7I b
UNIT TYPE «'Vt

ABRfVIPJIQt
I IIIOI1S 'TO ÇM(' UI
EXHII3IT "2
J
J OkIMOI tu rb.Iuul

j. i-i. Arbcr Hejite, a Condorr*Irn


11
(001 W0(I jtI0 ttJJll r P*I(0920211L II J(71
ICI 11111 ICtIOl III I&OlSÌ IOIIOC*lIà IOsI *Ifl (Ill PtIM S IO 1fl(II 00 ¿II. o0?. *0.

99V't £d EO6VI 0 IIO1 AIINflOD 91'It4Td


'I

Arbor Heïghts, a Condominium


Club House and Laundry
o
F- 4-
K? 1$
=--IQV

C.E

C. L

C):

HQU

cx

AF3BREVIMJQNS
CA:)- OIIALAIIS LIMIt.LA f(tIuaA
rr..) tutoIEs CCUIII FLCIII *1
full
EXHIBIT '2"
2GFL$JJ?
le, tflrØs4 atitt an. .11 i.e *nçMntM A Mi Math. at sat MAI S Dt t*ANif i., JA Si.ty. 55. lI SIM rtu( 1T* - tisi. rASSI Las,, s, 1551S NaISSE DIA A E'. 115CL SC. )

L9't fd 6O6t )E !fl1 .LIiO E'LI1 AJflOO gVE'IUNId


Arbor Heights, a Condominium
Summary Table No. i

BUJLDINGNo. UMTNo. UMTTWE D6cP1lQN BUlL DING Flo. UNIT No. UNIT TYPE DESCPT1ON

101 I 2 BOM-2 BAThROOM 201 1 2 BERXM.Z BAnfXl


202 I 28ERXM2ßATFRXM
102 1 2 3RCOM2 8A1RDOM
203 I 2 5ag)CM.2 &k1I«X)f
103 ¡ 2 BOOM-2 BA1HCOM
204 1 2 BECM-2 EAT}ICS1
104 2 8E)CM-2 BAThROOM
I
205 1 2 BJXM2 aAfl1
105 2 BE)ROOM-2 BAThROOM "X" 2.06 1 2 eag2 TIWI
"X" 106 1 2BR)OM-26A1'rJROOM 207 I 2 B1(2 BAThXZA
107 J 2 8OM.2 MT1'OM [TYPE G 208 1 2 B9]OM.2 BATHROOM
[TYPE F] 108 1 2 BEJ(XiI2 EAThROCM 209 1 2 BOM-2 ßATIcU
109 M I 8ROOM-1 EAThROOM
210 1 2 BOOM.2 BAT}OM
110 V iBBROOM.1BAThRO,t
211 1 2EOM.2BAT1OM
212 I 2 S&EcM-2 EATIOOM
iii W i BROOM-i BAThROOM
213 1 2 BRci2 BA1}fOM
112 W i 8EOM.i BAThROOM 214 2 2 8AT}fOOM
PREPRESENTSU1LDJNGNO. I ¡NTHIS TABLE - 'X PREPESENTS BUILDING Na. 2 IN ThIS TABLE

AßREA1ÌGMS

it::. iOr,S

flflhl,., r Irr 'I - a.... [n ti


A__
p p_ .s,
J.fLMANucY,i -
u
'rix requ3, a uwizuti
ñ.
-s..
tu t
P

sal ì ?P W As -. a C aal .. t r n a ,t - s. a
Arbor Heights, a Condominium
Summary Table No. 2

BUILDING No. UPVrNe. UMTufE CcFflCN BUILDINGNQ. L.NTNo. &NT?WE P'flON


301 W i SEtX1 EATCM 401 W I BE3M.t BAThROOM
302 V I BEM-1 2A77-fXM 402 W I BB1FOM-1 ThROOM
303 M I BCM.1 BA'rfM 403 P1 I 67M.1 BAT1-CM
304 W I 3CC1 BAThXM 404 V I 3OM.1 6ATHOCM
305 2 BaRcX42 BA**1M 405 1 2 8Eif0M.2 EATIiRDOM
28&oc!.I2BATHIWM 406 1 2 BEBDOM.2 BAThNCM
C'

rl
flYPE C
307
3o
309
I

1
2 EEROC.2 9,AflOM
2
28
B2 5ThffXJA
CCM2 BA1OM
rrq 407
403
409
1 2 5OM-2 BATIM
2 SOM.2 EAMCM
2 BXM-2 EATOU
o
310 I 2 BfcT2 BATI-ffOM 410 1 2 EtcI-2 BATHROOM
311 2 EEO4-2 3ATEDOM 411 i 2 BBIXYi4.2 BATIM
312 2 ocM-2 AThOM 412 2 BOM.2 BATHROOM
Q' 313 V 1 9A110M 413 W I BOM.i 3A11OM
o
Q' 314 W I 9COM.I BAThROOM 414 V I DOM-t BAT}f1OM
315 W I 6cO1 BATFOOM 415 W I BCM-1 BAI}BIOOM
316 W I BOOM.1 9AThICM 418 W 1 BJOM.1 BATOM
X' PREPRESENTS BUILDING No. 3 IN TI-lIS TABLE "X' PREPRESENTS BUILDING No. 4 IN THIS TABLE

A8BREVTAÌ1ONS
LC.L- '.t1 ZaOi
EXHIBII t2
IONI

;.
kb He a Cathi
r
a :.:i
M
n ea o. - Sor s,. Sto ta t 'A a - O C a tr Ir aso. Ion n rAt C
Arbor Heights, a Condominium
Summary Table No. 3

BUILDING No. LTNØ. .NTDYPE DESPflON BU1LDJNG No. UNITNo. UNITTYPE DESCPJPV.QN
¶ 5TOCM-1 EATfX i 8C4.1 8A10M
501
502
IV

W i c-i aîc 801


802
W
W i 8EM-1 8AThIXM
501 W I B1 &ATA 803 W ißDC*44EATO0M
504 TV I 8EXM1 AT}focM 804 W I aRC.4.1 BAThFO0M
505 2 BE4.2 EAT}1fXM 605 290CM2 ECT}0M
506 I 2 85c14-2 eAflRXl1 506 2BaOM2ThFX1M
507 1 2 BBXM.2BATfOM 607 I 2 9EOCM-2 MThCM
(TYPE C] 508 1 2 BE1O.2 8ATTRXti (TiPE q 608 2 EEOM.2 BA1}fOCM
509 2 9RXM2 BA1TfOOM 809 T 2 BB25ATfOCI4
sia f 2 EXA-2 BATf3D,1 610 I 28428AT1iThXI
511 I 2 SEBXM-2 BATFf 611 2E34.28ATIfOM
512 I 2 8ROcM2 8A]}*cM 612 I 28JOM-2BA1}ROM
513 W I 6MI 5ATFA W t84teATHJc
514 TV I 8cM.I BA1f 814 W 1844BAThRJ0M
515 W I B1 BATTfOcSVI 615 W i BM1 BA'flfOCM
516 TV i BOcM1 SAT 616 ri i EEM.1 8AT57«X)M
)Ç PREPRESEN1'S BUILDING No. 5 IN ThIS TABLE PREPRESENTS BUILDiNG No. 6 IN THIS TABLE

ÂBBREI1A11ONS
-;- _3 .; EXHIBIT '2"
c. itcS

4r1 -
--
A He

ct1
aC -fa
n,
fTLfl flL
n
4L - -- .sns a nç ft* a - s . r na f. r n0 n rn .w a . -. c.
Arbor Heights, a Condominium
Summary Table No. 4

BUiLDftGNo. UPITNo. UP111'PE tSP11ON jBUILDINGN0. UNITNo. UNITT?PE DESC1F11ON

101 3 BERXMZBAtOM 1 3 BWZ6ATfW1


702 1 3 BBX2 ATFR)OM 802 3 BX$2 BATC(Y1
703 2BEC1.2&tTFJOM 803 1 2JC.28ATOCM
734 I 2 BBBX2 BATrfW 804 22BATWA
705 1 2 BATIWc*I4 805 t 2 ERO0M.2 8A1}C
t E8ATU 808

707 1 2 OM-2 BA1PWG. 807 1 28OCM.2EA1


[IIPED) 708 1 2BI2EA1ffOM [1YPEDI 808 1 28CCM.28ATFOl
709 I 2 BXM.2 BATFHXÎ 809 1 28E)2AThCOM
710 J 28Ec42BATtfCO4t 810 2 8Bc*.2 BATFfCc*II
111 i 311 328AT
712 I 382EA1}Oit 812 3 BEXM.2 EA1}RJOM
ar PREPRESENTS BU1LDJNG No.7 IN THIS TABLE UI PREPRESENTS BUILDING No.8 4 THIS TABLE

ABBRE7ATCNS
:lI
(:; CE5
EXHIBIT "2

.. * ay- i-
4

Arbor Heights, a Condominium


Summary Table No. 5

BUILDING No. 1KTTYPE DÑP7ON BUILOING No. L'TNo, NT TYPE cgpnoN


bai V 3EE0M22AN33DM
901 2 9OM2 3ATH)
1002 V 3802ATIRX
902 2 8OM2 aATIf()CM 1003 V 3 BIYiM.2 BA1fCIF1
903 2BC2BATFOM 1004 V 3 BERXM2 BA1M
904 29CM2BATCM 1005 V 3 B00M-2 A1C
1006 V
905 2 E1OM.2 BATRDC11 1007 V 3 ßSRXiM2 aAThCM
r. T 906 2BCM2BA10M ÇtYPEB3 1008 V

907 2 1W2 }RXM 1009 Y 3BB)0M-2BA1RXA


o 1010 V 33tCMZRA1FR
Di
[TYPEA] '; 2BHCM2BMG1 1011 V 3OM2BA'flJ4
909 2 6ECM2 BAT1RXM 1012 V 3 OM.2 EANX
o 1

Ct
910 1 2 BEOM2 4T}M 1013 V 3BCM2BA1}f0M
911 222TC 1014

1015
V
V
30M.2BATHi
912 1 2B)c2aArrRxA 1015 V 3EEa0&4.2BA1*CM
PREENTS BUU)IÑG No. 9 IN 1H15 TABLE 'X' PREPRESENTS BW.D(N Na. 10 IN THIS TABLE

'F

AB8RE1A11OS
'oZs O1
«.
(Ci,. cw EXHIBÌT "2
It,Ii,s,, S.S
ft
C00Í
Sm

a tLIL 46.
i*
-
nat LI. - - S - -. SI«LS? S la , t - st t sa ma - n n w, s
rk ?
I

Arbor Heights, a Condominium


Summary Tab)e No. 6

BUILDING No. UMTNQ. (.NTTYPE DRFflON 3UILDING No. tNrNo. INrTWE DEcvrlc1
1201 V 3BE 00M-2 BA11-*X*1
1101 I 38E12BAT1RXM
1202 V 3 6E0Cl.2 BNfl0M
1102 3BJ2BATRX4 1203 V 3 CM-2 A1}f0CM
11 2M-2EÂTOM 1204 V 3BE0C.2eAT1C*,1
1104 I 2EERThi2SA1WCOM 1205 V 38C*i.2B1H0M
1206 V 38E 0M-2 BATFR)1
1105 2BBJO28AT)OM
N 1207 V 3 5ER]CM-2 EA1}«JaA
'1 nXH 11 2R)M2BA1WOOM
t flYPE BJ 1208 V 3 86R00M-2 8MHXt
1107 1 2B2BATt«)CI V 3 Z00M-2 8ATIÇCI
o 1210 V 3eaocr.2aA1}I
(TiPE DJ 1108 I 2 SEOM.2ATF4OM
1211 V
1109 J 2ENJO2eATfOCM 1212 V 3 BE10M-2 8Afll
o
1110 28OM-2BA'flIJci 1213 V 360M28A7l0M
,-1 1111 1214 V 3 BA1F0M

1112 3BECM2BAThCM 1215 V 38EC$2EA1I0M


1216 V 3 8E04-2 BA1T-0M
PREPRESNTS BUILDING No. 11 IN 11-ilS TABLE
1X PREPRESENtS BUILDING No. 12 ir THIS TABLE
Q

r14

o
.14

AeeREVIATICNS
z -i'*c
o Cu.,. - EXHiBIT "Z
Q
a.* I1cyu.Qfl 4Cl
I'*
Me a Ccnth *7...
47'
z ---e a - aT - - '*1 WTWS* . aK - 7 a t? 1.alp a Kl
- :1

H
Arbor Heights, a Condominium
Summary Table No. 7

BUiLDING No. UN1TNo. UMITYPE DESR!FflON

1301 2E(A4.2BAIJW
1302 2 SRC2 ßATi-ROOM
i 303 2 BEJWA2 BATHCC

1304 2 BEt2 BA1}C$I(


1305 2CtI-2aATH0M
T 1306 2 BW42 BA1}RJCM
1307 2 6OM-2 BATC1
fl'PE Al 1308 2aC2BArrQCM
1309 2 BCi.2 T}fCM
1310 22EAT0
1311 2EG$.2BATh00M
1312 2B2BAOCeA
U!
PREPRESENTS BUILDING No. 13 IN THIS TABLE

AeeREvAi1cNs
7s -
cs CeCT
Cs

EXHBIT "2
tS.IlIqfl r r

"'! .".
a

:' J.H.tcyjic 48
iI1-.-"
- - Pt a - - f* '.Vt V.A * SC t - S0 X .5." C
PINELLAS COUNTY FL. 0FF. REC. BK 14909 PG 1475

EXHIBIT 'f3" TO DECLARATrON OF


ARBOR HEIGH1'S, A CONDOMINIUM
SCHEDULE OF PERCEN[AGJ SHARES OF OWNERSHIP
OF COMMON ELEMENTS AND COMMON SURI'LUS
ANt) OF SHARING OF COMMON EXPENSES
BASEl) ON SQUARE FOOTAGE OF EACH UNIT
IN RELATJC)N TO THE TOTAL SQUARE FOOTAGE OF ALL UNITS

BuIIdnçj Unit No. Unit Typo Percentage


Share
I 101 0.547747%
102 0.547747%
103 0.547747%
104 0.047747%
i 05 0.547747%
106 0.547747%
107 0.547747%
108 0.547747%
108 1V 0.3668871%
110 1V 0.3668871%
111 iV 0.3868871%
112 1V 0.3668871%
2 201 II 0.6071724%
202 ii 0.6071724%
203 ii 0,6071724%
204 II 0.6071724%
205 ii 0,0071724%
206 U 0.6071724%
207 U 0.6071724%
208 JI 0.8071724%
209 II 0.8071724%
210 II 0.6071724%
211 II 0.6071724%
212 II 0.0071724%
213 II 0.6071724%
214 II 0.6071724%
3 301 IV 0.3668871%
302 IV 0.3668871%
303 IV 0.3665871%
304 IV OE3886871%
305 I 0.547747%
306 I 0.547747%
307 I 0.547747%
308 I 0.547747%
309 I 0.547747%
310 I 0.547747%
311 I O.547747%.
312 1 0.547747%
313 IV 0.3668871%
314 Iv 0.3888871%
315 IV 0.3688871%
316 IV 0.3868871%
1.429%
4 401 IV 0.3668871%
402 IV 0.3668871%
403 IV 0.3668071%
404 IV 0.3668871%
405 1 0.54 7747%
406 I 0.547747%
407 I 0.547747%
PINLLA8 COUNTY FL OFF. RC. ß 14009 1476

Building Unit No. Unit Type Porcontago


Sharo
408 0.547747%
409 0.547747%
410 0.647747%
411 0.547747%
412 0.547747%
413 0.3668871%
414 0.3668871%
415 0.3568871%
416 0.3668671%
5 501 IV 0.3658671%
502 IV 0.3868671%
503 IV 0.3686871%
504 IV 0,3668871%
505 I 0547747%
506 I 0.547747%
507 0.547747%
508 I 0.547747%
509 I 0.547747%
510 i 0.547747%
511 i 0.547747%
512 I 0.647747%
513 IV 0.3868671%
514 IV 0.3568871%
801 IV 0.3668871%
602 IV 0.3668871%
603 IV 0.3666871%
604 IV 0.3888871%
605 1 0.647747%
606 I 0,647747%
607 I 0.547747%
608 I 0.547747%
808 I 0.547747%
810 I 0.547747%
611 I 0.547747%
812 1 . 0.547747%
613 IV 0.3668871%
614 IV 0.3868871%
815 IV 0.3668871%
818 1V 0.3666871%
7 701 IJI 0.6886593%
702 III 0.6685593%
703 0.647747%
704 I 0.547747%
705 I 0.547747%
706 I 0.541747%
707 I 0547747%
708 I 0.547747%
700 I 0.547747%
710 I 0.547747%
711 III 0.6885593%
712 III 0.6885593%
a 801 III 0.6885593%
802 III 0.6585593%
803 1 0.547747%
604 I 0.547747%
806 I 0.547747%
806 I 0.547747%
807 I 0.547747%
PINELL.AS COUWY L 0FF. RC. BK 14909 PG 1477

fluIIdtn9 Unit No. Unit Typo Porcontage


Sharo
808 i 0.547747%
809 i 0.547747%
810 0.547747%
811 lU 0.6885593%
812 iii 0.6885593%
9 901 t 0.547747%
902 I 0.547747%
903 0.647747%
904 I 0.547747%
905 I 0.647747%
906 I 0.547747%
907 0.547747%
908 I 0.547747%
909 1 0.547747%
910 I 0.547747%
Dli I 0.547747%
912 I 0.547747%
10 1001 0.682100%
1002 0.882100%
1003 0.682100%
1004 0.692100%
1005 0.862100%
1006 0.662100%
1007 0.682100%
1006 0.682100%
1009 0.582100%
1010 0.882100%
1011 0.682100%
1012 0.662100%
1013 0.882100%
1014 0.682100%
1015 0.882100%
1015 0.082100%
11 1101 t'i
1102 ill
1103 0.547747%
1104 0.647747%
1105 t 0547747%
1106 I 0.647747%
1107 I 0.647747%
1108 0.547747%
1109 0.547747%
1110 I 0.547747%
1111
1112

12 1201 0.652100%
1202 0.682100%
1203 0.682100%
1204 0.682100%
1205 0.682100%
1206 0.882100%
1207 0.682100%
1208 0.882100%
1209 0.652100%
1210 0.682100%
1211 0.582100%
1212 0.832100%
PINELLAS COUNTY FI. OFF. c. ( 14909 PG 14Th

Building Unit No. Unit Typo Porcontg


I Shro
1213 V 0.682100%
1214 V 0.882100%
1215 V 0682100%
1218 V 0.682100%
13 1301 I 0.547747%
1302 I 0.547747%
1303 I 0.547747%
1304 j 0.547747%
1305 f 0.547747%
1300 j 0.647747%
1307 I 0.547747%
1308 1 0.547747%
1309 i 0.547747%
1310 j 0.547747%
1311 I 0.547747%
1312 I 0.547747%
00%

You might also like