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2670 Kelley Parkway - 33-118-23-12-0048 Unit #118
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Condominiium declaration
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Last modified
8/22/2023 4:46:19 PM
Creation date
3/23/2017 12:33:49 PM
Metadata
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Template:
x Address Old
House Number
2670
Street Name
Kelley
Street Type
Parkway
Address
2670 Kelley Parkway
Document Type
Misc
PIN
3311823120048
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provision governing the following: {i) voting rights; (ii) increases in an annual Assessment of ' <br /> more than twenty-five percent over the prior year's annual Assessment;(iii)Assessment liens,or <br /> priority of Assessment liens; (iv} reductions in reserves for maintenance,repair and replacem nt <br /> of Common Elements; (v) responsibility for maintenance and repairs; {vi) reailocation of <br /> interests in the Common Elements or Limited Common Elements, or rights to their use; ( ii) <br /> redefinition of any Unit boundaries; (viii) canvertibility of Units into CamFnon Elements or v'ce <br /> versa; (ix) expansion or contraction of the Property or the addifion, annexation or withdrawal of <br /> property to or fram the Property; (x) hazard or fidelity insurance requirements; (xi) imposition of <br /> material restrictions on the leasing of Units; (xii) imposition of any resirietions on an Owne 's <br /> right to sell or transfer his or her Unit; (xiii) restoration or repair of the Property (after a haz rd <br /> damage or partial condemnation) in a manner other than that specified in the Governi g <br /> Documents; (xiv) any action to terminate the legal status of the Condominium after substant a] <br /> destruction or condemnation occurs; or (xv) any provisions that expressly benefit Eligi le <br /> Mortgagees,or insurers or guarantors of mortgages. <br /> � 15.2 Consent to Certain Actions. Subject to Declarant's rights under Section, e <br /> written consent of Eligible Mortgagees representing at leasT sixty-seven percent of the Units t at <br /> are subject to first mortgages held by Eligibie Mortgagees {based upon one vote per U it <br /> financed) shall be cequired to (i) abandon or terminate the Condominium; {ii) change e <br /> a3locations of voting rights,Common Expense obligations or interests in the Common Elemen s; <br /> {iii) partition or subdivide a Unit except as permitted by statute; (iv) abandon, partiti n, <br /> subdivide, encumber, or sell any Common Elements; or {v) use hazard insurance proceeds r <br /> other than the repair,replacement or reconstruction of the Property,except as otherwise provid d <br /> by law. <br /> 15.3 Consent to Subdivision. No Unit may be partitioned or'subdivided without t e <br /> prior written approval of the Owner and Eligible Mortgagee thereof,and the Association. <br /> 15.4 Na Ri�ht of First Refusal. The.right of an Owner to sell, transfer, or otherwi e <br /> convey his or her Unit shall not be subject to any right of first refusal or similar restrictions. <br /> I5.5 Priority of Lien. Any Person who comes into possession of a Unit by foreclosu e <br /> of the first mortgage on a Unit, or by deed or assignment in lieu of foreclosure of the fi st <br /> mortgage on a Unit, takes the Unit free af any claims for unpaid Assessments or any oth r <br /> charges or liens imposed against the Unit by the Association which have accrued against su h <br /> Unit prior to the acquisition of possession of the Unif by said Person; (i) except as provided in <br /> . Section b.9 and the Act and (ii) except that any unreimbursed Assessments or charges may e <br /> reallocated among all Units in accordance with their interests in the Common Elements. ' <br /> 15.6 Prioritv of Taxes and Other Charees. All ta�ces, assessments and charges whi h <br /> may became liens prior to the first mortgage under state law shal] relate only to the individ 1 <br /> Units and not to the Property as a whole. <br /> i 15.7 Prioritv for Condemnation Awards. No provision of the Governing Docume ts <br /> sha(1 give an Owner, or any other party, priority over any rights of the Eligible Mortgagee of t e <br /> Unit pursuant to iis mortgage in the case of a distribution to such Owner of insurance proceeds r <br /> condemnation awards for losses to or a taking of the Unit and/or the Common Elements. T e <br /> Mri..s-wo�d 9szs�.i i 35 <br />
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