Note Substantial Rewording of Amendment and Restated Declaration of Condominium

(Note substantial rewording of amendment and restated declaration of condominium)

Recommended amended and restated declaration of Beach Club Colony Condominium of Lehigh Acres, Florida

Know all men by these presents:

That heretofore on March 12, 1971, the original declaration of restrictions, limitations, covenant and uses creating and establishing a planned for condominium ownership of the Lehigh Acres Beach Club Colony Condominium (hereinafter the Condominium) was recorded an official record book 677, page 208 ET S. EQ., of the public records of Lee County, Florida. That declaration of condominium, in part and is restated in its entirety.

1. SUBMISSION TO CONDOMINIUM OWNERSHIP: This amended and restated declaration of condominium is made by the Beach Club Colony Condominium association of Lehigh acres, Florida, Inc., a Florida Corporation not-for-profit, hereinafter be “Association.” The land subject to this declaration and the improvements located there on have already been submitted to the condominium ownership and use pursuant to the Florida condominium act. No additional property is being submitted to the condominium ownership by this declaration.

2. NAME NATURE OF DEVELOPMENT: this condominium consist of fifty (50) single-family one-story units and associated improvements upon lands located in Lehigh acres, Florida in LeeCounty on Joel Blvd., as designated in the original declaration as exhibit III and described as follows:

Beginning at the northwest corner of section 26, Township 44 South Range 27 East Lee County, Florida thence south 00-55‘-23” East along the west line of subsection 26, Township 44 South, range 27 East a distance of 130. 02 feet to the point of beginning; thence north 89-45’-30” East a distance of 110 feet; thence south 01-06’-38” East a distance of 2000 feet; thence south 89-45”-30” West a distance of 116. 55 feet to the west line of section 26, thence north 00-55’-23” West, along said section line a distance of 2000 feet to the point of the beginning.

3. NAME ASSOCIATION: the name of the condominium association is BEACH CLUB COLONY CONDOMINIUM ASSOCIATION of Lehigh acres, Inc.. This Association Inc. as a nonprofit corporation having been incorporated in 1970.

1. DEFINITIONS; the terms used herein shall have the meaning stated in the condominium act (chapter 718, Florida statutes) and his follows unless the context otherwise requires:
2. ASSESSMENT: a share of the funds for payment of common

expenses and reserves which from time to time is assessed against a

unit owner.

4.2 ASSOCIATION: the corporation responsible for the operation of the condominium.

4.3 ASSOCIATION PROPERTY: all property, real or personal owned by the Association.

4.4BOARD OF DIRECTORS: the board of directors responsible for administration of the Association

4.5BUILDING: the physical structure of the condominium that contains either five (5) or ten (10) units.

4.6CHARGE OR SPECIAL CHARGE: an obligation of the unit owner to pay or reimburse money to the Association which cannot be secured as an assessment pursuant to section 718. 166, Florida statutes, but which is secured by a common lien on the unit and its appurtenances pursuant to this declaration.

4.7COMMON ELEMENTS: the portions of the property submitted to the condominium ownership and not included in the units as defined in section 718.108, Florida statutes, including the land, easements, and equipment and certain personal property, installations for the furnishing of services to more than one unit, to the common elements or to more than one limited common element, such as utility services, as defined with greater particularity in section 5.4.1 here of.

4.8COMMON EXPENSES: all expenses and assessments properly incurred by the Association for the condominium and such expenses as may be declared to the common expenses by this declaration.

4.9COMMON SURPLUS: the excess of all receipts of the Association over the common expenses.

4.10CONDOMINIUM DOCUMENTS: this declaration, the articles of incorporation and bylaws which set forth the nature of the property rights in the condominium in the covenants running with the land which govern these rights.

4.11CONDOMINIUM PARCEL: a unit together with the undivided share in the common elements and its limited common element.

4.12CONDOMINIUM PROPERTY the lands and personal property, both tangible and intangible, subject to the condominium ownership, whether or not contingents and all easements and rights thereof.

4.13FAMILY: one natural person or a group or two or more natural persons each of whom is related to each of the others by blood, marriage, or adoption; or not more than two persons not so related, who reside together as a single housekeeping unit.

4.14GUEST: any person who is physically present in or occupies a unit on a temporary basis at the invitation of the unit owner without the payment of consideration.

4.15INSTITUTIONAL MORTGAGEE: the mortgagee, or it's assignee, of the first mortgage against the condominium parcel, which mortgagee is a bank, Savings and Loan Association, mortgage banker, real estate were mortgage investment trust, pension or profit sharing trust, the Federal housing administration, the Veterans Administration, or any agency of the United States of America. The term also refers to any holder on the first mortgage against the condominium parcel which mortgage is guaranteed or ensured, as evidenced by a record instrument by the Federal housing administration, the Veterans Administration, any agency of United States of America or by any public or private corporation engaged in the business of guaranteeing or ensuring residential first mortgage loans, and their successors and assigns.

4.16LEASE: a grant by unit owner of a temporary right of use of the owner’s unit for valuable consideration.

4.17LIMITED COMMON ELEMENT: those portions of the common elements which are reserved for the use of a certain unit or units to the exclusion of the other units.

4.18Japan OR OCCUPY: when used in connection with the unit, means any person who is physically present in a unit or two or more consecutive days, including staying overnight.

4.19OPERATION: the administration and management of the condominium property.

4.20PERSON: an individual, corporation, trust or other legal entity capable of holding title to real property.

4.21CINGULAR, FLORAL, GENDER: whatever the context of permit, the use of floral shall include the Cingular, floral, any use of any gender shall be deemed to include all genders.

4.22UNIT: a part of the condominium property which is subject to exclusive ownership.

4.23UNIT OWNER: the owner of the condominium parcel.

4.24VOTING INTEREST: the voting rights distributed to the Association members pursuant to section 718 .104 (4) (I), Florida statutes.

1. UNITS SHALL BE CONSTITUTED AS FOLLOWS:
2. REAL PROPERTY: each unit, together with space within it, and together with all appurtenances thereto, for all purposes, constitute a separate parcel of real property, which may be owned in fee simple and which may be conveyed, transferred and encumbered in the same manner as any other real property, independently of all other parts of the property, subject only to the provisions of the condominium documents and applicable laws.
3. BOUNDARIES: the boundaries of the units shall be as follows:

1. HORIZONTAL BOUNDARIES: the upper and lower boundaries of the unit shall be:
2. UPPER BOUNDARY: the horizontal plane of the underside of the undecorated finish ceiling.
3. LOWER BOUNDARY: horizontal plane of the upper side of the undecorated finish floor.

B. PERIMETRICAL BOUNDRIES: the boundaries of the initial be vertical planes of the undecorated finish interior of the walls bounding the unit extended to the intersections with each other and with upper and lower boundaries. I'll pave driveways adjacent to units are limited common elements.

Unit owner shall not be deemed to own the outer undecorated and/or unfinished surfaces of the perimeter walls, floors, and ceilings surrounded their respective units, nor shall the unit owners be deemed to own tights, wiring, conduits, or other public utility lines running through units which are utilized by or serve more than one unit. These items are a part of the common element. However, a unit owner shall be deemed to own the inner decorated end or finish surfaces of the perimeter walls, floors, and ceilings including paint and wallpaper.

5.3EXCLUSIVE USE: each unit owner shall have the exclusive use of such owner’s unit.

5.4OWNERSHIP: the ownership of each unit shall carry with it, as appropriate, and whether or not separately described, all of the rights, title and interest of a unit owner in the condominium property which shall include but not be limited to:

5.4.1COMMON ELEMENTS: the portion of the condominium property not included in the units as defined chapter 718.108, Florida statutes, including:

(a)The lien means, unless otherwise defined in the declaration hereinafter provided, the surface of illegally described parcel of real property and shall include, unless otherwise specified in the declaration, and whether separate from or including such service, airspace line above and sub trains baseline below such surface.

(b)All parts of the improvements which are not included within the units.

(c)Easements

(d)Association personal property tangible personal property may be purchased, sold, leased, replaced and otherwise dealt with by the Association, through the Board of Directors, on behalf of the members of the association, without necessity of any joinder by the members.

5.4.2LIMITED COMMON ELEMENTS: Limited common elements mean and comprise that portion of the common elements reserved for the exclusive use of a particular unit. Limited common elements include parking spaces. The exclusive use of a limited common element is an appurtenance to the unit or units to which they are designated or assigned. The right of exclusive use to each Limited common element passes with the unit, whether or not separately described, and cannot be separated from it.

5.4.3ASSOCIATION MEMBERSHIP: membership in the Association and the undivided share in the common surplus of the Association.

5.4.4EASEMENT TO AIR SPACE: an exclusive easement for the use of the air space occupied by the unit as it exists at any particular time, and as the unit may be lawfully altered or reconstructed from time to time, which easement shall be terminated automatically in any airspace which is vacated from time to time.

5.5DEFENSE: the following non-exclusive easements from the Association to (as applicable) each unit owner, to the Association, and its employees, agents, and hired contractors, to utility companies, unit owners’ families residents, guests, invitees end to governmental and emergency services, have previously been granted a created:

5.5.1INGRESS AND EGRESS: easements over the common areas for ingress and egress to units and public ways.

5.5.2MAINTENANCE, REPAIRS AND REPLACEMENT: easements for the units in common elements for maintenance, repair and replacement. Such access is to be only during reasonable hours except that access may be had at any time in the case of an emergency.

5.5.3UTILITIES: easements are the common areas limited common elements, and units for conduits, ducts, plumbing, wiring and other facilities for the furnishing of services to other units, limited common elements, and the common elements.

5.5.4GRANTS OF UTILITY AND OTHER EASEMENTS: the Association has the power, without the joinder of any unit owner, to grant easements such as electric, gas, cable television, or other utility or service easements, or relocate any existing easement, and any portion of the common elements of common integrated access easements or relocate any existing access easement that any portion of the common elements are limited common elements as the Association shall be necessary or desirable for the proper operation of maintenance of the condominium. Such easements, or the relocation of existing easements, may not prevent or unreasonably interfere with the use of the limited common elements. The Association may also transfer title to utility related equipment, facilities or material, and to take any other action to satisfy the requirements of any utility company or governmental agency to which any such utility related equipment, facilities or material are to be so transferred.

5.5.5PUBLIC SERVICES: access to the property into the units form urgency, regulatory, law enforcement and other public service as in the lawful performance of their duties.

6. MAINTENANCE RESPONSIBILITY

6.1MAINTENANCE: responsibility for the maintenance of a unit shall be as follows:

6.2BY ASSOCIATION: the Association shall maintain, repair and replace at the association's expense the common elements and:

6.2.1 all portions of the unit is contribute to the support of the building in which the unit is located, including but not limited to, the permanent walls, columns, roofs, firewalls, concrete slabs and foundations. Also, ductwork, typing, wiring, and other mechanical, electrical, or other installations or equipment serving the common elements or more than one unit. The Association will maintain, repair and replace the late bolts of the exterior post lights.

6.2.2 provided that the maintenance, repair or replacement of any of the above Association expense maintenance items, or of other units, shall be made necessary because of the negligence, act or omission of a unit owner, his family, lessees, invitees or guests, the unit owner shall be liable in the work shall be done by the Association or by the damaged unit owner (s) at the expense of irresponsible unit owner and, if done by the Association, the cop should be secured as a charge.

6.2.3 all incidental damage caused to unit my work done or ordered by the Association shall be probably repaired by and at the expense of the Association.

6.2 .4 if the Association fails to maintain the common elements in accordance with its obligations, and unit owner or institutional first mortgagee may seek specific performance to compile the Association to do so.

6.2.5 any owner who make structural changes to the interior of her unit that results in structural failure of the unit or any portion thereof shall be responsible for the total cost of repair and placement.

6.3BY UNIT OWNER: responsibility of the unit owner shall be as follows:

6.3.1 to maintain, repair, replace at his expense, all portions of the unit except the portions to be maintained, repaired and replaced by the Association, and pay for any utilities that are separately built to his unit. The unit owners responsibility specifically includes all windows and screens and associated hardware; screening, interior door frames, and associated hardware and painting of the interior doors; inner surface of exterior doors; hurricane shutters; fixtures, including built-ins, switches, valves, fan motors, all air conditioning and heating equipment, water heaters, ceiling fans, wiring; piping and ductwork serving only the particular unit, whether located inside or outside the unit; stoves, refrigerators, fans, and other appliances and equipment, which may now or hereinafter be substituted in the unit.

6.3.2 a unit owner shall not paint, resurface or otherwise decorate or change the appearance of any portion of the improvements not within the interior walls of the unit, without prior written approval of the Board of Directors.

6.3.3 no owner shall make any alterations in the portions of the improvements which are to be maintained by the Association or remove any portion thereof or make any additions thereto without the prior written approval of the Board of Directors. The entire expense of such work shall be born by the unit owner. No owner shall do any work, or make any changes to any portion of the limited common elements or common elements, including landscaping, without the prior written approval of the Board of Directors. Additionally, no charges shall be made which would jeopardize the safety or soundness of the improvements or impair any easements. The only exception to the above shall be that all previous alterations, work, and/or additions completed before the adoption and recording of this declaration are deemed to have met all requirements listed herein.

7.COMMON ELEMENTS

7.1 SHARES OF OWNERSHIP: the condominium contains fifty (50) units. The owner of each unit shall have one undivided interest in the common elements hereby established and which shall be conveyed with each respective condominium unit as follows:

UNIT NO.UNDIVIDED INTERESTUNIT NO.UNDIVIDED INTEREST

602 1.70% 702 1.70%

604 2.00% 704 2.00%

606 2.07% 706 2.07%

608 2.07% 708 2.07%

610 2.10% 710 2.10%

612 2.10% 712 2.10%

614 2.07% 714 2.07%

616 2.07% 716 2.07%

618 2.00% 718 2.00%

620 1.70% 720 1.70%

622 2.00% 722 2.10%

624 2.00% 724 2.07%

626 2.07% 726 2.07%

628 2.07% 728 2.00%

630 2.10% 730 1.70%

632 2.00% 732 2.00%

634 2.07% 734 2.00%

636 2.07% 736 2.07%

638 2.00% 738 2.07%

640 1.70% 740 2.10%

642 2.10% 742 1.70%

644 2.07% 744 2.00%

646 2.07% 746 2 .07%

648 2.00% 748 2.07%

650 1.70% 750 2.10%

100.00%

7.2 The maintenance and operation of the common element shall be the responsibility of the Association.

7.3 Each unit owner and the Association shall be entitled to use the common elements in accordance with the purposes for which they are intended, but no such use shall hinder or encroach upon the lawful rights of the owner's of other units.

7.4 except as provided above as to the changes made by an owner with Association approval, material alteration of, were substantial additions to, the common elements or association property including the purchase, sale or change of real property by the Association, may be effectuated only by the affirmative vote of two thirds (2\3) of the total voting interests at a duly called meeting.

1. FISCAL MANAGEMENT: the fiscal management of the Association including such items as the budget, fiscal year, financial statements, assessments, and collection of assessments shall be as set forth in the bylaws.
2. ASSOCIATION: the administration of the condominium by the Board of Directors and its powers and duties shall be as set forth in the bylaws.
3. INSURANCE: in order to adequately protect the Association, the Association property and the condominium property required to be insured by the Association, insurance shall be carried and kept in force at all times in accordance with the following provisions:
4. DUTY AND AUTHORITY TO OBTAIN: the Board of Directors shall use its best efforts to obtain and maintain adequate insurance. The Board shall obtain qualified estimate of the full replacement value of the buildings and other land improvements, including all units and all common elements, without deduction for depreciation, to determine the amount of insurance to be carried. The name of the insured shall be the Association and the unit owners and their mortgagee use without naming them, as their interests shall appear. No unit owner shall allow anything to be done or kept in his unit or on the common elements which would increase insurance rates.
5. ASIC INSURANCE: the Association shall use its best efforts to obtain and maintain adequate replacement cost insurance covering all of the buildings, the common elements as well as the Association property, in an amount determined annually by the Board of Directors, such insurance to afford the following protection:

10.2.1 PROPERTY: loss or damage by fire, extended coverage (including windstorm), vandalism and malicious mischief, and other hazards covered by the standard “all risks” primary contract of insurance. The Association shall not provide coverage from the following items: