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OfFICIAl RECORD
SEMIHO~E CO. flA.
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~~NDMENT TO DECLARATION OF
CONDOMINIUM OF INDIAN RIDGE
A CONDOMINIUM
WHEREAS, Declarations of Condominium were filed in the Public
Records of Semino~e County, Florida on March 27, 1979 in Official
Records Book 1215, Page 1875, and Amendments thereto were filed
August 15, 1979 in Official Records Book 1238, Page 1349; and
WHEREAS, the Developer has not conveyed seventy-five percent
(75%) of the units and may amend the Declarations pursuant to its
terms:
.
NOW THEREFORE,
KNOW ALL ~mN BY THESE PRESENTS, that the Developer files
these Amendments to the following Sections which shall supercede
the Sections of the Declarations and Amendments previously filed:
ARTICLE SIXTH
A. Share of Common Expense. Each unit owner shall be liable
for a proportionate share of the common,. expenses, and shall share
in the common surplus, such shares being the same as the undivided
share in the common elements which are appurtenant to the units
owned by him. Provided, however, that during any period of time
when one or more-units, having been destroyed by a casualty, are
pending reconstruction, the common expenses attributable to the
maintenance and operation of the remaining units shall be assessed
only to the owners of those remaining units and in the proportions
which their respective shares in tne common elements bear to each
other. Maintenance fees and assessments shall not apply to un-
completed units nor shall they apply to units being utilized by
the Developer as models, and as each unit is sold the Developer
shall contribute $60.00 for two months' assessments to the escrow
account set up within the Condominium Association.
ARTICLE SE~rnNTH (I)
1. When unit owners other than the De"reloper ow"n fifteen
percent (15%) or more of the units in a cO:1doro:iniul'n t.nat- will be
opera tee. ultimately by an )\ssociation I tbe unit o'..mers ot.her t!1an
the Developer shall be entitled to elect not less than one-third
{1/3} of the me~~ers of the Board of Administration of the Assoc-
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~fFlCle RE:~O~O
SE~"IOLE. CO. fLt...
Developer are en~itled to
iation.
Unit owners other than the
elect not less than a majority of the members of the Board of
Administration of an Association:
(a) Three (3) years after fifty percent (50%)
of the units that will be operated ultimately by the Association
have been conveyed to purchasers;
(b) Three (3) months after ninety percent (901)
of the units that will be operated ultimately by the Association
have been conveyed to purchasers;
(e) When all the units that will be operated'
ultimately by the Association have been completed, some of them
have been conveyed to purchasers, and none of the others are being
offered for sale by the Developer in the ordinary course of busi-
ness;
(d) When some of the units have been conveyed to
purchasers and none of the-others are being constructed or offer-
ed for sale by the Developer in the ordinary course of business;
(e) By January 1, 1984,..
or whichever of the above occurs first. The Developer is entitl-
ed to elect at least one (1) member of the Board of Administration
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of the Association as long as the Developer holds'~or sale in the
ordinary course of business any unit in a condominium operated by
the Association.
ARTICLE EIGHTH (E)
1. ~ense of the Trust. AI1.expenses of the Insur-
ro1ce Trustee shall be paid from the common expenses of the
Association.
J!.RTICI,E THIRTEENTH
A. Agreement. The condominium may be terminated at any time
by the approval in writing of all of the owners of the
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conuoTInn~um,
and all record owners of mortgages upon uni ts therf~in mmed by a
bank, life insurance company, federal savings and
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aSSCI.;:.a t~on,
Federal National Mortgage Association and Federal
Home
Loa.:1 Corpo-
ration. If the proposed termination is submitted to a lH:Stin.g of
the rneliliers of the Association, the notice of which meeting vies
notice of the proposed termination, and if the Bpprov21 of ~~;e
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otroersof not
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OHICIA, !~ECO!\O
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less than seventy-f~ve percent (/S%) or the common
,
elements, and of the record owners of mortgages upon units there-
in owned by a bank, life insurance company, federal savings and
loan association, Federal National Mortgage Association and Federal
Home Loan Corporation, are not obtained later than thirty (30)
days from the date of such rnetting, the approving owners shall
have the option to buy all of the units of the other owners for
the period ending on the 60th day from the date of such meeting.
Such option shall be upon the following terms: (1.), (2.), (3.),
(4.) .
IN WITNESS WHEREOF, the D~ve1oper hai7executed this &~endment
to the Declarations this t4 day of ~~~~LL^_h 1979.
Signed, sealed and delivered
in the presenceIf!~~.. .__ .
~tfJ~ By
~~
I.
SWORN TO.AN~UBSCRI~ BEFORE
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1979.
CERTIFIED COpy
MTHIJR H. BEC!i\'IfTH. JR.
CUR~. OF IrE C'''CUIl CO::RT
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AMENDMENT TO DECLARATION OF
CONDOMINIUM OF INDIAN RIDGE
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A CONDOMINIUM
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WHEREAS, Declaratioffiof Condominium were f~led fp the
Public Records of Seminole County on March 27, l:.979,Zih
Official Records Book 1215, at page 1875; and,
WHEREAS, several errors appeared therein, and The Devel-
oper has not conveyed seventy-five percent (75%) of the units
and may amend the Declarations pur~uant to its terms;
NOW THEREFORE,
KNOW ALL MEN BY THESE PRESENTS, THAT the Developer files
these amended Declarations, which shall supercede the Declar-
ation of Condominium recorded in Official Records Book 1215, at
page 1875, Public Records of Seminole County, Florid~:
PIRST - PURPOSE. The purpose of this Declaration is to
submit the lands herein described as Phase I and the improve-
ments now or hereafter constructed thereon to the condominium
form of ownership and use in the manner provided by Chapter 718,
Florida Statutes, herein called the Condominium Act. In addition,
the Developer plans to develop 40 units in Phase II. Units 1
through 44 are completed for Phase I; and the units in Phase II
are to be completed by approximately September 1, 1979. The addi-
tion of Phases II and III as they are completed will alter till'
percentage of ownership in the common elements and the voting
rights as to quorum under these declarations.
A. Name. The name by which this Condominium is to be ~~
identified is INDIAN RIDGE. The name of the Condominium Associ-~] ~
ation shall be INDIAN RIDGE CONDOMINIUM ASSOCIATION, INC. The ~Z ~
address of the Association is Post Office Box 476, Casselberry,~.;
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Florida, 32707. ~ .
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B. The Land. The lands owned by the Developer which
are hereby submitted to the condominium form of ownership under
Phase I and Phase II of INDIAN RIDGE are the following described
lands lying in Casselberry, Florida, Seminole County, to-wit:
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Phase I
From the centerline intersection of Moss Road and Longwood-
Oviedo Road, run thence S. 88023'43" E. along the centerline of
Longwood-Oviedo Road 701.16 feet; thence N.Ol036'18" E. 351.56
feet to the point of c~vature of a curve concave Easterly with
a radius of 924.31 feet, a central angle of 24025'48"; run thence
along the arc of said curve 394.11 feet to the point of tangency;
run thence N.26002'06" E. 143.08 feet for a point of beginning;
continue thence further N.26002'06" E.. .320.40 feet; thence S.
56050'32" E. 645.31 feet to the Westerly right-of-way line of
Sherry Avenue; thence run S.26002'06"W. along said Westerly
right-Of-way line 307.81 feet, thence N. 57057'15" W. 643.87 feet
to the point of beginning, containing 4.6173 acres more or less.
(See Exhibit "A")
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Phase II
From the centerline intersection of Moss Road and Longwood-
Oviedo Road, run thence S. 88023'42" E. along the centerline of
Longwood-Oviedo Road 701.16 feet; thence N.Ol036'18' E. 351.56
feet to the point of curvature of a curve concave Easterly with
a radius of 924.31 feet, a central angle of 24025'48"; run thence
along the arc of said curve 394.11 feet to the point of tangency;
run thence N.26002'06" E. 463.48 feet for a point of beginning;
continue thence further N.26002'06" E. 55.83 feet; thence N.
l4055'35"E.150.00 feet; thence S.75004'25"E. 130.28 feet; thence
N.89048'59"E.86.79 feeti thence S.1703A'19"W. 96.92 foeti tht'l1c('
S.59039'lO"E.169.28 feet; thence S.52047'41"E. 163.19 feeti thence
N.13009'18"E.319.95 feet; thence S.83000'59"E. 127.45 feet to
the Westerly right-of-way line of Sherry Avenuei thence run
S.14052'25"W. along said Westerly right-of-way line, 368.47 feet;
thence S.26002'06"W. 198.25 feet; thence leaving said Westerly
right-of-way line, run N.56050'32"W. 645.31 feet to the point of
beginning, containing 4.1032 acres more or less. (See Exhibit
"A" )
which lands are herein called "the land."
C. Additional lands owned by the Developer which may
be submitted to the condominium form of ownership as Phase III
are the following described lands lying in Casselberry, Florida,
to-wit:
(SEE EXHIBIT "B" ATTACHED HERETO)
Phase III
If developed will add 36 additional units.
SECOND - DEFINITIONS. The terms used herein and in the
By-Laws shall have the meanings stated in the Condominium Act
and as follows unless the context otherwise requires:
A. Assessment means a share of the funds required
for the payment of common expenses, which from time to time are
assessed against the unit owner.
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B. Association means the corporate entity respon- X'
sible for the operation of the condominium, to-wit: INDIAN Ri~f,E
CONDOMINIUM ASSOCIATION, INC., AND ITS SUCCESSORS.
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C. Board of Administration means the Board
Directors or other representative body responsible for
tion of the Association.
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D. By-Laws means the Association By-Laws for the
government of the condominium as they exist from time to time.
E. Common Elements means the portions of the condominium
property not included in ~he unit or apartment and shall include:
1. The tangible personal property requ ired for t1H'
maintenance and operation of the condominium, even though owned
by the Association.
2. The personal property and installations required
for furnishing utility and other services to the units other than
the unit containing the irrstallation concerned, such as electric
power, gas, hot and cold water, heating, refrigeration, air
conditioning, garbage and sewer disposal, telephone, cable tele-
vioion, nnd which installations shull include tanks, moloru,
pumps, fans, compressors, antennas, ducts, conduits, plumbing,
wiring and other facilities.
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3. Easements, including but not limited to
easements for support, access, ingress and egress.
4. The land and buildings not included in the
several units includes the clubhouse, tennis courts, swimming
pool, parking areas, sidewalks and streets and roads.
5. All other portions or elements of the con-
dominium property which are rationally of common use or
necessity to the existence, upkeep and safety of the condomin-
ium.
6. Non-exclusive easement for the streets,
roadways, and walks for egress and ingress.
7. Land designated as the greenbelt areas in
and around the condominium.
F. Common Expenses means the expenses and assess-
ments for which the several unit owners are liable to the
Association and include:
1. Expenses of administration; expenses of
maintenance, operation, repair or replacement of the common
elements; and of the portion of apartments to be maintained
by the Association.
2. Expenses declared common expenses by provis-
ions of this Declaration, by the By-Laws or by proper resolution
of the Association.
3. Any valid charge against the condominium as
a whole.
G. Common surplus means the excess of all receipts
of the Association, including but not limited to assessments,
rents, profits and revenues on account of the common elements,
over the amount of common expenses. Common surplus also in-
cludes the net book value of the undepreciated tangible per-
sonal property included in common elements.
H. Condominium means that form of ownership of real
property which is comprised of units that may be owned by one
or more persons and there is appurtenant to each unit an un-
divided share in the common elements.
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I. Condominium parcel means a unit together with the Ln
undivided share in the common elements which is appurtenant to
the unit.
J. Condominium property means the land and personal
property included in the condomrnium, whether or not contiquous,
and all improvements thereon and all easements and rights appur-
tenant thereto intended for use in connection with the condominium.
K. The Condominium Documents shall be this Declaration
together with the following exhibits which are made a part hereof:
Exhibit C
- Form of Warranty Deed to be
given by the Developer to the
initial purchaser;
Exhibit D
- Composite survey and plot plan of
the land and buildings and cert-
ificate of surveyor of Phase I
and Phase II including Recreation
Area;
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Exhibit E
- Floor plan of the building
and elevations of Phase I and
II;
Exhibit F
- Articles of Incorporation and
By-Laws of INDIAN RIDGE
CONDOMINIUM ASSOCATION, INC.
L. The Developer means Indian Ridge Patio Homes,
Inc. successors, transferees or assigns.
M. Patio Unit means a part of the condominium proper-
ty which is subject to private ownership and is synonymous
with "Unit".
N. Record Owner means a fee simple owner as reflected
by the Seminole County, Florida, Public Records, or Records of
the Association.
O. Singular, plural gender means whenever the context
so permits the use of the singular shall include the plural, the
plural the singular, and the use of any gender shall be deemed
to include all genders.
P. Unit means a part of the condominium property
which is subject to private ownership and is synonymous with
"Unit."
Q. Un i t owner means the fee simple owner 0 f ,} COI1-
dominium parcef~or-theowner of any lesser estate excluding,
however, a tenant or lessee, and also excluding the Association
if it acquires title to one or more of the units.
R. Utility Services as used in the Condominium Act
and construed with reference to this condominium, and as used
in this Declaration and By-Laws, shall include but not be
limited to electric power, telephone, cable television, gas, hot
and cold water, heating, refrigeration, air conditioning, garb~ge,
trash and sewage disposal.
THIRD - DEVELOPMENT PLAN. The condominium is described and
established as follows:
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A. Survey and Plot Plan. A survey and plot plan of ~~
the land in Phases I and II showing the patio units and im- -~x
provements being submitted to a condominium by the Declaration~~
shown as Exhibit D. ::' r'
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B. Easements. Easements are reserved through the
condominium property as may be required for utility services in
order to adequately serve the condominium; provided, however,
such easements through a unit shall be only according to the
plans and specifications for th~ unit, or as the building is
constructed, unless approved in writing by the unit owner.
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C. Improvements. The improvements upon the land
include and will be limited to the following:
1. Condominium Units. Phase I of this condo-
minium is composed of 44 units, which units are more particularly
described in Section FOUR, entitled "The Units". Phase II of
the condominium is composed of 40 units, all of which are more
particularly described in Section FOUR entitled "The Units".
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2.. Other Improveme!1 ts_~_ All Phases of the con-
dominium has as part of unit's common elements; the clubhouse,
tennis courts, swimming pool, storage areas, landscaping,
greenbelt areas, parking areas, sidewalks and streets and road.
D. Patio Units. General Provisions. The following
provision shall apply to each Patio Unit:
1. Boundaries. Each Patio Unit shall include
the real property designated on the plot plan and the building
thereon.
E. Common Elements. The common elements shall
include the land and all other parts of the condominium not
within the units.
F. !,m~.!.l_~.n.l('nt _~~_El_~~!~9___(m_e]_(:otnl~1~:_~ig~)__~~r ddd it Ion
of i_m"p_~ovemen ts.
1. Alteration of unit plans. Developer reserves
the right to change the designed arri:mgement of all units, and
to alter the boundaries of and between units, so long as Developer
owns the units altered. No such change shall increase the number
of units beyond a total of 44 for Phase I and 40 for Phase II,
nor alter the boundaries of the common elements so as to decrease
its total area, without amendment of this Declaration by approval
of the Association, unit owners, and owners of mortgages in
the manner elsewhere provided. If Developer s~all make any
changes in units so authorized, such chances shall be reflected
by an (lmendmcnt of this Declaration. If more than one' unit: 1~,
conce~nj(-.d, the Developer shall apportion bc'tw('('n thc' Ilrll t~; t h.,
shares of the common elements which are appurtenant to thc' 11I\it~;
concerned.
FOURTH - THE PATIO UNITS. The Patio units of the Condominium
are described more particularly and the entitlements and obliga-
tions of the owners established as follows:
A. Exhibit E delineates the patio unit floor plans.
B. Unit Models are designated A, B, C and D, within
Phase I and II. Each unit is identified by the use of a number
C](![;ignation as shown on the unit plun.
C. Appurtenances to
shall own a share and certain
which are appurtenant to this
the following items which are
as indicated:
Units. The owners of each unit
interest in the condominium property
unit, including but not limited to
appurtenant to the several unit~; .
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1. Common Elements and common surplus. The
und i vi d0d share in --th('--Tan2I~--;;:wrrTlminq---Dooj~ cl\ii)h()ll;~(" h'nn i!~
courts, greenbelt areas, streets, sidewalks, rights-o[-wdY,
storage areas and parking areas and other common elements and c.
in the common surplus which is -tlopurtenant to each uni t is as "1
follows: ' )
An undivided i/44 share to each unit owner at
the completion of Phase I, and an undivided 1/84
share to each unit owner at the completion of
Phase II. If Phase III is completed the share
of each unit owner at the completion thereof will
be 1/120.
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2. Automobile parking space. The common element
including parking areas for automobiles for unit owners and their
guests.
3. Association Membership. ~he membership
of each unit owner in the Association and the interest of each
unit owner in the funds and assets held by the Association.
4. Liability for Common Expenses. Each unit
owner shall be liable for a proportionate share of 1/44 at the
completion of Phase I, 1/84 at the completion of Phase II, and
1/120 if Phase III is completed of the common expenses. Provided,
however, the Developer shall not have its share of the common
expenses which are assessed against the units during 1 year
period of time, which period of time the Developer does hereby
guarantee with the unit owners that the assessment for common
expenses will not increase over $30.00 and in the event said
assessment does exceed $30.00, the Developer obligates itself
to pay any excess.
FIFTH - MAINTENANCE, ALTERATION AND IMPROVEMENTS. Re-
sponsibility for the maintenance of the condominium property,
and restrictions upon the alteration and improvement thereof
shall be as follows:
A. Units.
1. By the Unit Owner. The responsibility of the
unit owner shall be as follows:
(a) To maintain, repair and replace at his
expense, all portions of his unit. In the event the unit onw~r
fails to effect necessary repairs to his unit, then the Association
shall have the right to enter upon the premises during the day-
light hours, upon twenty-four (24) hours written notice to the
Owner prior to effecting emergency or necessary repairs. The
cost of said repairs being charged to the unit owner as an
additional assessment.
(b) To promptly report to the Association any
defect or need for repairs the responsibility for the rcmcdyinll ~
of which is that of the Association.
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2. (a) Alteration and Improvement. Except as
elsewhere reserved to Developer, neither a unit owner nor the t~l.'
Association shall make any alterations or remove any portion of ~ ~
the unit or make any additions thereto, or do anything which would;
jeopardize the safety or soundness of the unit or change or alter
the exterior design or color, or the aesthetic scheme of the units
or impair any easement, street or right-of-way without first
obtaining approval in writing of the Board of Di rectors of t hI'
Association and the Architectural Control Committee herein created.
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(b) The Developer shall appoint a three member
Architectural Control Committee to review any alteration or im-
provement proposed to a unit by a unit owner. The unit owner must
receive written permission from the Committee as plans submitted
to it prior to commencing any alteration or improvement. Once the
Developer has sold eighty (80%) percent of the units submitted to
condorninum herein, the Committee shall cease and all approvals
thereafter have to be approved only by the Board of Directors of
the Association.
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(c) If any unit or portion thereof, or the
common elements or any portion thereof is the subject matter
of any condemnation or eminent domain proceeding or is oth('rwise
sought to be acquired by a condemning authority, then the in-
stitutional holder of any first mortgage on a unit will be
entitled to timely written notice of any such proceedings or
proposed acquisition and no provision of any document shall
entitle the owner of a unit or any party to priority over any
such institutional holder with respect to distribution to such
unit of the proceeds of any award or settlement.
B. Common Elements.
1. By the Association. The maintenance and
operation of the common elements shall be the responsibility and
the expense of the Association.
2. Alteration, Impr.ovement and Addi t ions. Except
as elsewhere reserved to the Developer, after the completion of
the improvements included in the common elements which are con-
templated by this Declaration, there shall be no alteration,
further improvements, nor additions to the common elements,
without prior approval in writing by the record owners of not
less than seventy-five (75%) percent of the unit owners. The
share of any costs shall be assessed to all unit owners in the
shares which their shares in the common element bear to the
other. Major additions to the common elements may be acquired
only with the approval of not less than seventy-five (75%)
pl'rccnt of the unit owners.
3. In the event any portion of the common elements
encroaches upon any unit or any unit encroaches upon common
elements as a result of the construction, reconstruction, repair,
drifting, settlement or movement of any portion of the development
a valid easement for the encroachment and for the maintenance of
the same shall exist so long as the encroachment exists.
SIXTH - UNIT ASSESSMENTS. The making and collection of
assessments against un"! t owners for common expenses shed 1 be
pursuant to the By-Laws and subject to the following provisions:
,
A. Share of common expense. Each unit owner shall
be liable for a proportionate share of the COflffion expenses, and
shall share in the common surplus, such shares being the same
as the undivided share in the common elements which is appur~0%
tenant to the units owned by him. Provided, however, that dUf~n~
any period of time when one or more units, having been dest1;~ed c.)
by a casualty, are pending reconstruction, the common expen~~
attributable to the maintenance and operation of the remainin9
units shall be assessed only to the owners of those remainirlg
units and in the proportions which their respective shares in~,.
the common elements bear to each other. Maintenance fees <1nd'
assessments shall not apply to uncompleted units nor shC1l1 tJwy
apply to units being utilized by the Developer as models.
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B. Interest, appl ica tion of payments. Asscssmt'nts
and installments thereon paid on or before ten (10) days after
the date when due shall not bear interest, but all sums not paid
on or before ten (10) days after the date when due shall bear
interest at the rate of ten (10%) percent per annum from the
date when due until paid. All payments upon account shall be
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\ fil.~;t .lppli('cJ to interc'st dnd then to thl' .1~;~;('s~;nl('nL ,dL('r
payment first due. If such assessment shall remain unpaid
longer than ten (10) days after the due date, then the
Association shall automatically have a lien, in the amount
of such assessment against the non-paying owner's unit,
provided, however said lien shall be subordinate to any
first mortgage on the unit prior to the date of any such
common expense assessments when due.
C. Li en for i1~)r;('Sr;nH'n ts. 'T'hr~ I i en as prov i d('d
above for unpalcl assessmenEs':sTiiiTT also secure reasonabl(~
attorney's fees incurred by the Association incident to the
collection of such assessment or enforcement of such lien.
D. Rental Pending foreclosure. In any foreclosure
of a lien for assessments the o~mer of the unit subject to the
lien shall be required to pay a reasonable rental for the unit,
and the Association shall be entitled to the appointment of a
receiver to collect the same.
E. First Mortgagee. Each holder of a first mortgage
lien on a unit whom may come into possession of the unit by vir-
ture of a mortgage or by Deed or Assignment, in lieu of foreclosure,
or any purchase at a foreclosure sale, will take the unit free of
<lilY Clil irn~; for unpaid i1SSl'S~;rn('nts ilnd ch;1rqc's dqd in~;t t hc' Illli t
wllich accrue prior to the time such holder comes into possession
of the unit, except for claims for a pro-rata share of such
assessments or charges resulting from a pro-rata realocation of
such assessments or taxes to all unit owners including the
mortgaged unit.
SEVENTH - ASSOCIATION. The operation of the condominium
shall be by a non-profit Florida corporation and shall fulfill
its functions pursuant to the following provtsions:
A. Name. The name of the Association is INDIAN RIDGE
CONDOMINIUM ASSOCIATION, INC.
B. Powers. The Association has all of the powers
and duties set forth in Chapter 718, Florida Statutes, and any
granted by statutory or common law (except as limited by this
Declaration and the By-Laws) and all of the powers and duties
reasonably necessary to operate the condominium as set forth in
this Declaration and the said Association's By-Laws, and as the~,~
maybe amended from time to time, a copy of which is attached as ~. f'..)
Exhibit F. ,.- (',,)
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C.
Members.
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1. Qualification. The members of this Associatiop G0
shall consist of all of the record owners of units in each Phase Ln
of this Condominium. The Association has no right of first re- OJ
fusal or any similar right in regards to a unit owner selling or
transferring or conveying the unit.
2. Change of Membership. After receiving the
approval of the Association elsewhere required, change of member-
ship in the Association shall be established by recordinq in the
Pulbic Records of Seminole County, Florida, a Deed or other in-
strument cstilblishinq a record title to a unit in thc' Condominium
and the delivery to the Association of a certified copy of such
instrument, the owner designated by such instruments thereby
becoming a member of the Association. The membership of the
prior owner shall thereby terminate.
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3. Voting Rights. The members of the Association
, shall be entitled to cast one (1) vote for each unit owned by
them. At the completion and sale of all units in Phase I, there
shall be 44 members and 44 votes, and at the completion and sale
of all units in Phase II, there shall be 84 members and 84
votes. If Phase III is developed there shall be 120 members
and 120 votes. Phase III is proposed to be completed by
years after the proposed completion date, then all existing units
then completed and submitted to the Condomium shall constitute
one hundred (100%) percent of members and votes.
4. Designatio~~ Vo.!}ng Repres~nt~l_!:_ivc. If
a uni t is owned by one person, his right to vote shall be esLl-
blished by the record title to his unit. If a unit is owned by
more than one person, or is under lease, the person entitled to
cast the vote for the unit shall be designated by a certificate
signed by all of the record owners of the unit and filed with the
Secretary of the Association. If a unit is owned by a Corporation,
the person entitled to cast the vote for the unit shall be desig-
nated by a certificate of appointment signed by the President or
Vice-President and attested by the'Secretary or Assistant Secre-
tary of the Corporation and filed with the Secretary of the
Association. Such certificates shall be valid until revoked or
until superseded by a subsequent certificate or until a ChdTHJl'
in the ownership of the unit concered. A certificate designating
the person entitled to cast the vote of a unit may be revoked by
any owner thereof.
5. Approval or Disapproval of Matters. Whenever
the decision of a unit owner is required upon any matter, whether
or not the subject of an Association meeting, such decision shall
be expressed by the same person who would cast the vote of such
owner if in an Association meeting, unless the joinder of record
owners is specifically required by this Declaration.
6. Restraint Upon Assignment of Shares in Assets.
The share of a member in the funds and assets of the Association
cannot be assigned, hypothecated or transferred in any manner
except as an appurtenance to his unit.
7. Limitation of Liability. The Liability of
any member is limited to the amounts for which he is assessed
from time to time in accordance with this Declaration.
D. Board of Directors. The affairs of the Associ<ltion,,'
shall be conducted by a Board of five (5) Directors who sha 11 be:;:
l
desiqnated in the manner provided in the By-Laws.
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E. Indemnification. Every Director and every officer
of the Association shall be indemnified by the Association against
all expenses and liabilities, including counsel fces, rc'i1son,lb ly :'
incurred by or imposed upon him in connection with any proceeding
to which he may be a party, or in which he may become involved,
by reason of his being or having been a Director or officer of
the Association, or any settlement thereof, whether or not he is
a Director of or officer at the time such expenses are incurred,
except in such cases wherein the Director or officer is adjudged
guilty of willful misfeasance or malfeasance in the perform<lnce of
his duties; provided, th<lt in the event of a settlement the in-
demnification herein shall apply only when the BOdrd of Directors
approves such settlement and reimbursement as being for the best
interests of the Association. The foregoing rights of indemni-
fication shall be in addition to and not exclusive of all other
rights of which such Director or officer may be entitled.
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F. Limitation Upon Liability of Association. Not-
withstanding the duty of the Association to maintain and repair
parts of the condominium property, the Association shall not be
liable for injury or damage, other than the cost of maintenance
and repair, caused by any latent condition of the property to
be muintained and rc'puired by the l\ssociation, or cllus('d by t1w
elements or other owners or persons.
G. By-Laws. The By-Laws of the Association shall
be in the form attached as Exhibit F.
H. Agent to Receive Services of Process. The following
person, who is a resident of the State of Florida, is designated
as agent to receive service of process upon the Association:
GARY E. ~~SSEY, ESQUIRE
165 Whooping Loop
Altamonte Spring, ~lorida 32701
(305) 834-8111
I. Hights of Developer. The Developer hc'rl'by n'~:\'IVI':1
unto itself, its successors and assigns, all right to the manaqe-
ment and control of the affairs of the Association and the riqht
to appoin t members of the Board of Directors of the l\ssoc i;\ t ion
as set forth hereinafter:
1. When unit owners other than the Developer
own fifteen (15%) percent or more of the units in a condominium
that will be operated ultimately by an Association, the unit owners
other than the Developer shall be entitled to elect not less than
one-third (1/3) of the members of the Board of Administration of
the l\ssociation. Unit owners other than the Developer are en-
titled to elect not less than a majority of the members of the
Board of Administration of an Association:
(a) Three (3) years after fifty (50%) percent
of the units that will be operated ultimately by the Association
have been conveyed to purchasers;
(b) Three (3) months after ninety (90%) percent
of the units that will be operated ultimately by the l\ssoeiatinn
have been conveyed to purchasers;
(c) When all the units that will be operated0)~
ultimately by the Association have been completed, some of them~;
have been conveyed to purchasers, and none of the others are b~ing
offered for sale by the Developer in the ordinary course of ~~-
business; or
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(d) When some of the units have been conveye~" LJ
to purchasers and one of the others are being constructed or offerefrn
for sale by the Developer in the ordinary course of business, (~)
whichever occurs first. The Developer is entitled to elect at
least one (1) member of the Board of Administration of an Associa-
tion as long as the Developer holds for sale in the ordinary
course of business any unit in a condominium operah'cl by tilt'
Association.
2. Within sixty (60) days after the unit owners
other than the Developer are entitled to elect a member or members
of the Board of Administration of an Association, the Association
shall call, and give not less than thirty (30) days or more
than forty (40) days notice of, a meeting of the unit owners to
elect the members of the Board of Administration. The meeting may
be called and the notice given by any unit owner if the Association
fails to do so.
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3. Provided however, any Management Agreement
will be terminated by the Association within thirty (30) days
written notice thereof and this term of any such Agreement shall
not excc'cd onc (1) y(~ar, cxcc'pt that it mtlY be renewed by mutual
consent from year to year.
EIGHTH - INSURANCE. The insurance, other than title in-
surance, which shall be carried upon the condominium property
and the property of the unit owners shall be governed by the
following provisions:
A. Authority to Purchase. All insurance policies
upon the condominium property comprising the cornmon elements
shall be purchased by the Association for the benefit of the
Association, and the owners, and their mortgagees, as their
interest may appear.
B. Coverage.
1. Casualty. All buildings and improvements upon
the land and all personal property included in the cornmon elements
shall be insured in an amount equal to the maximum insurable
replacement value, excluding foundation and excavation costs, as
determined annually by the Board of Directors of the Association.
Such coverage shall afford protection against:
(a) Loss or damage by fire and oUwr h,lZ<lrds
covered by standard extended coverage endorsements, and
(b) Such other risks from time to time shall
be customarily covered with respect to buildings similar in
construction location and use as the buildings on the land, in-
cluding, but not limited to vandalism and malicious mischief.
2. Liability. Public liability insurance in such
amounts and with such coverage as shall be required by the Board
of Directors of the Association, including but not limited to
hired automobile and non-owned automobile coverages, and with
cross liability endorsement to cover liabilities of the unit
owners as a group to a unit owner.
3. Workmen's Compensation. Workmen's compen-
sation policy to meet the requirements of law.
4. Other insurance. Such other insurance as the
Board of Directors of the Association shall determine from t~ -
to time to be desirable. ~} N
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c. Premiums. Premiums upon insurance policies pur-
chased by the Association shall be paid by the Association ~~,
a common expense.
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D. Insurance Trustee, sharf'S of Procc'('(ls. !Ill (11
in:;ur,Hlco polic os purCll<-ls(iJuEy-t:.Flc;'-i\'ssociiltion ~;]ldll 1)(' t(ll lilt' ""~
benefit of the Association and the unit owners and their mortgagees
as their interest may appear, and shall provide that all proceeds
covering property losses shall be paid to COMBANK/SEMINOLE COUNTY,
, as Trustee, which Trustee is herein
referred to as the "Insurance Trustee". The Insurance Trustee
shall not be liable for payment of premiums nor for the renewal
or the sufficiency of policies nor for the failure to collect
any insurance proceeds. The duty of the Insurance Trustee shall
be to receive such proceeds as are paid and hold the same in trust
for the purposes elsewhere stated herein and for the benefit of
the unit owners and their mortgagees in the following shares, but
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which shares need not be set forth on the records of the Insurance
Trustees:
1. Common Flc:ments. Procee'ds on account of d.lln.lqc'
to common c lemon t s - an-'undTvTcft:-d-sha re for each un i t ownc'r, ~~\It 'h
nhilre being the same as the undivided share in the cornmC)!1 ('I"IlIt'llts
appurtenant to his unit.
E. Distribution of proceeds. Proceeds of insurance
policies received by the Insurance Trustee shall be distributed
to or for the benefit of the beneficial owners in the following
manner:
1. ~~pen.:~C?i._!:_b~_:!:~_'!_!?t. All expenses of the
Insurance Trustee shall be paid first or provision made therefor.
2. Reconstruction or Repair. If the damage for
which the proceeds are paid is to be repalred or reconstructed,
the remaining proceeds shall be paid to defray the cost thereof as
elsewhere provided. Any proceeds remaining after defraying such
costs shall be distributed to the beneficial owners.
3. Failure to Reconstruct or Repair. If it is
determined in the manner elsewhere provided that the damage for
which the proceeds are paid shall not be reconstructed or repaired,
the remaining proceeds shall be distributed to the beneficial
owners.
4. Mortgagee:. In the event of substant i a 1 d,lmdq('
to or destruction of-c:my"unIt or any part of the common elc'm('nts
any institutional holder of any first mortgage on a unit will be
entitled to timely written notice of any such damaqe or destrul,tion
and all insurance proceeds shall be first payable to the Trustee:
on behalf of the institutional holder of the first mortgage.
5. Certificate. In making distribution to unit
owners the Insurance Trustee may rely upon a certificate of the
Association as to the names of the unit onwers and their respective
shares of the distribution. 0'
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F. Association as Agent. The l\ssociation is hc'n'hy,.
irrevocably appoInted agent for each unit owner and for each own~r
of any other interest in the condo~inium property to adjust all"
claims arising under insurance policies purchased by the Associa~ .
tion and to execute and deliver releases upon the payment of claims. 0j
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NINTH - RECONSTRUCTION OR REPAIR AFTER CASUALTY.
A. Determination to r~~onstruct_ or _r::.~p~~Lr::. If any
Jlil rt 0 f the cond()mi nTum pr0pC'rty sha 11 be dam;HJf'd by C,1:.tl,11 t y ,
whc.ther or not it shall be reconstructed or repaired shilll be
determined in the following manner:
1. Common element. If the damaged improvement
is a common element, the damagea-property shall be reconstructed
or repaired, unless it is determined in the manner elsewhere
provided that the condominium shall be terminated.
B. Plans and specifications. Any reconstruction or
repair must be substantially in accordance with the plans and
specifications for the original building, portions of which are
attached hereto as Exhibit's; or if not, then according to plans
and specifications approved by the Board of Directors of the
Association.
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c. Res29.nsibility. The responsibility of reconstruction
and repair after casualty shall be that of the Association.
D. Estimate of costs. Immc'diatcly aftc'r the cl\!>Udlty
loss, the Assoc{atlon--shall-h05tain reliable and detai led esti-
mates of the cost to rebuild or repair.
E. Assessments. If the proceeds of insurance are
not sufficient to defray the estimated costs of reconstruction
and repair by the Association, or if at any time during recon-
struction and repair or upon completion of reconstruction and
repair, the funds for the payment of the costs thereof are in-
sufficient, assessments shall be made against all unit owners
in sufficient amounts to provide funds for the payment of such
costs. Such assessments on account of damage to common elements
shall be in proportion to the owner's share in the common elements.
F. Construction funds. The funds for payment of cost
of reconstruction and repair after casualty, which shall consist of
proceeds of insurance held by the lnsurance Trustee and funds
collected by the Association from the assessments against unit
owners, shall be disbursed in payment of such costs in the
following manner:
1. Association. If the total of assessments
made by the Association in order to provide funds for payment of
costs or reconstruction and repair whi ch is the' r('~;pon~-; i!J i 1 i ty
of the Association is more than $5,000.00, then the sums pilid
upon such assessments shall be deposited by the Association
with the Insurance Trustee. In all other cases, the Association
shall hold the sums paid upon such assessments and disburse the
same in payment of the costs of reconstruction and repair.
2. Insurance Trustee. The proceeds of insurance
collected on account of a casualty, and the sums deposited with'
the Insurance Trustee by the Association from collections of ~
assessments against unit owners on account of such casualty,
shall constitute a construction fund which shall be disbursed in
p~ymc'nt of the costs of reconstruction and repair in th(' follOW; nq
manner:
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(a) Association-Lesser damage. If the amount
of the estimated costs of reconstruction and repair which is the
responsibility of the Association is less than %5,000.00 then
the construction fund shall be disbursed in payment of such costs
upon the order of the Association~ provided, however, that upon
request to the Insurance Trustee by a mortgagee which is a bene-
ficiary of an insurance policy the proc(~C'ds of which an' in-
cluded in the construction fund, such fund shall be disbursed
in the manner hereafter provided for the construction and repair
of major damage.
(b) As~~c~ation - Major Damage. If the
amount of the estimated costs of reconstruction and repair which
is the responsibility of the Association is more than $5,000.00,
then the construction fund shall be disbursed in payment of such
costs in the manner required by the Board of Directors of the
Association and upon approval of an architect qualified to practice
in Florida and employed by the Association to supervise the work.
(c) 9ur2l~s. It shall be presumed that the
first monies disbursed in payment of costs of reconstruction and
repair shall be from insurance proceeds. If there is a ba l.mce
in a construction fund after payment of all costs of the recon-
struction and repair for which the fund is established, such
balance shall be distributed to the beneficial owners of the
fund in the manner elsewhere stated.
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(d) Certificate. Notwithstanding the
provisions herein, the Insurance Trustee shall not be required to
determine whether or not sums paid by unit owners upon assess-
ments shall be deposited by the Association with the Insurance
rrrust('(~, nor to determine whether the d i sbu rscmen t s from UH~
construction fund are to be upon the Order of the Association
or upon approval of an architect or otherwise, nor whether a
disbursement is to be made from the construction fund nor to
determine the payee nor the amount to be paid, nor to determine
whether surplus funds to be distributed are less than the assess-
ments paid by owners. Instead, the Insurance Trustee may rely
upon a certificate of the Association made by its President
and Secretary as to any or all of such matters and stating the
sums to be paid are due and properly payable and stating that
the name of the payee and the amount to be paid; provided that
when a mortgagee is hereby required to be named as payee the In-
surance Trustee shall also name the mortgagee as payee; and
further provided that when the Association, or a mortgagee which
is the beneficinry of an insurance policy, the proceeds of which
are includeo in the construction fun'd, so requires the approval
of an architect named by the Association shall be first obtained
by the Association.
TENTH - USE RESTRICTIONS. The use of the property of the
condominium shall be in accordance with the following provisions
so long as the condominium exists upon the land:
A. Units. Each of the units shall be occupied by
a single family, its servants and guests, as a residence and for
no other purpose. Except as reserved to Developer, no unit may
be divided or subdivided into a smaller unit, nor any portion
thereof sold or otherwise transferred, without first amending this
Declaration to show the changes in the units to be affected
thereby and without the prior written approval of the holder of
any first mortgage lien on such unit.
B.
used only for
furnishing of
apartments.
Common Elements. The common elements shall be
the purposes for which they are intended in the
services and facilities for the enjoyment of the
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C. Nuisances. No nuisances shall be allowed upon the'
condominium property, nor any use or practice which is the
source of annoyance to residents or which intereferes with the
peaceful possession and proper use of the property by its resi-
dents. All parts of the property shall be kept in a clean and
sanitary condition, and no rubbish, refuse or garbage allowed to
accumulate nor any fire hazard allowed to exist. No unit owner
shall permit any use of his apartment or make any use of common
elements which will increase the rate of insurance upon the con-
dominium property.
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D. Lawful Use. No immoral, improper, offensive
or unlawful use shall be made of the condominium property nor any
pnrt thereof; and all valid laws, zoning ordinnnces nnd rcqu-
lations of all governmental bodies having jurisdiction thereof
shall be observed. The responsibility of meeting the require-
ments of governmental bodies which require maintenance, modifi-
cation or repair of the condominium property shall be the same as
the responsibility for the maintenance and repair of the property
concerned.
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E. LeZlsing. Aftc~r ZlpprovZll by the ^ssociation
any C'ntire units-InZlY b€~ rented provi<iocl the occupt\ncy is only by
tl)(. L(~r-;[iC'(~ ar1(1 his family ,tl.l(~ir scrVllrlts an(l (1U(~f~L~;. ;)\1C'11
leasing shall be in accordance vlith the rules and regulations
adopted, from time to time, by the Roard of nirectors of the
Association and the terms of any lease shall be subject in all
respects to the provisions of these Declarations and the By-Laws
of the Association and any failure on the part of any lessee to
comply with the terms of these documents shall be in default under
the lease and be in default, in addition, of these Declarations.
All leases shall be required to be in writing with the exception
of a lender in possession of a condominium unit following a de-
fault in a first mortgage, a foreclosure proceeding or any other
deed or other arrZlngement in lieu of foreclosure!, no unit ownl'r
shall be permitted to lease his unit for transient or hotel pur-
poses and shall not lease less than the entire unit.
F. Regulations. Reasonable regulations concerning
the use of the condominium property may be made and amended from
time to time by the Board of Directors of the Association; provided,
however, that all such regulations and amendments thereto shall be
approved by not less than two-thirds (2/3) of the votes of the
AssociZltion before such shnll become effective. Members of the
Association not present at meetings considering such regulations
or amendments thereto may express their approval in writing. Copies
of such regulations and amendments thereto shall be furnished by
the Association to all unit owners and residents of the Condominium
upon request.
G. Proviso. Provided, however, that until
Developer has completed and sold all of the existing units of the
Condominium, neither the unit owners nor the Association nor the
use of the Condominium property shall interfere with the comple-
tion of the contemplated improvements and the sales, including
but not limited to maintenance of a sales office, the showinG of
the property and the display of signs.
ell
(.J")(
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ELEVENTH - COMPLIANCE AND DEFAULT. Each uni t owner sh."111 "1 r
be governed by and shall comply with the terms of the Declaratio~
of Condominium, By-Laws and regulations adopted pursuant thereto~,
and said documents and regulations as they may be amended from
time to time. Failure of unit owners to comply therewith shall ~
entitle the Association or other unit owners to the following
relief in addition to the remidies provided by the Condominium
Act:
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A. Negligence. A unit owner shall be liable for the
expense of any maintenance, repair or replacement rendered necessary
by his act, neglect or carelessness or by that of any memher of his
fumily, or his or their guests, employees, a(lents, or less('('5,
but only to the extent that such expense is not met by the proceeds
of insurance carried by the Association. Such liability shall in-
clude any increase in fire insurance rates occasioned by the use,
misuse, occupancy or abandonment of a unit or its appurtenances,
or of the common elements.
B. Costs of Attorney's Fees. In any proceeding arising
}')('cduse of an alleged failure of a unit owner t.O comply with Uw
terms of the Declaration, By-Laws and Regulations adopted pur~;ll.lllt
thereto, and said documents and regulations as they may be amended
from time to time, the prevailing party shall be entitled to re-
cover the costs of the proceeding and such reasonable attorney's
fees as may be awarded by the Court.
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C. No Waiver of Rights. The failure of the Association
or any unit owner to enforce any covenant, restriction or toher
provision of the Condominium Act, this Declaration, the By-Laws,
or the regulations adopted pursuant thereto, shall not constitute
a waiver of the right to do so thereafter.
TWELFTH - AMENDMENTS. This Declaration of Condominium and
the By-Laws of INDIAN RIDGE CONDOMINIUM ASSOCIATION, INC., may
be amended in the following manner as well as in the manner
elsewhere provided:
A. AMENDMENT BY DEVELOPER:
1. Anytime prior to seventy-five (75%)
percent of the units submitted to the condominium pursuant to
this Declaration being conveyed by the Developer, the Developer
may change the configuration or size of any condominium unit owned
by the Developer and may change, alter or modify the appurtenances
to the umt and amend the common elements by an amendment to
this Declaration.
2. The Developer may develop this project
in Phases I and II and III.
B. Amendment by Association:
1. Notice. Notice of the subject matter of
a proposed amendment shall be included in the notice of any
meeting at which a proposed amendment is considered.
2. Resolution. A resolution adoptinq a
proposed amendment may be proposed by either the Board of Direc-
tors of the Association or by the members of the Association.
Directors and members not present at the meetings concerning the
amendment may express their approval in writing. Except as
elsewhere provided, such approvals must be either by
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not less than seventy-five
Association; or
not less than two (2) directors and,
(75%) percent of the members of the
~)
(ii) until the first election of director';s, en
only by all of the directors, provided the amendment does not in- ~~
crease the number of units nor alter the boundaries of the
common elements.
....
3. Proviso. Provided, however, that no
amendment shall discriminate against any unit owner unless the
unit owner so affected shall consent; and no amendment shall change
a share in the common elements appurtenant to it, or increase
the owner's share of the common expenses, unless the record owner
of the unit concerned and all record owners of mortgages thereon
shall join in the execution of the amendment. Neither shall an
Clm(~ndmcn t of th is Dec lara tion make any change in the see t i on ('11-
titled "Insurance" nor the section entitled "Reconstruction or
repair after casualty" unless the record owners of all mortgages
upon units in the condominium shall join in the execution of the
amendment.
4. Execution and Recording. A copy of
each amendment shall be attached to a certificate certifying that
the amendment was duly adopted, which certificate shall be executed
by the officers of the Association with formalities of a Deed.
The amendment shall be effective when such certificate and copy
of the amendment are recorded in the Public Records of Seminole
County, Florida.
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TIJIR'I'EENTH - TERMINATION. The condomini urn may be term] nuted
itl the fo-:rEJwTnq marmer in acraltion to the molH\er providf'd by the.
Condominium Act:
A. Agreement. The condominium may be terminated at any
time by the approval in writing of ull of the owners of the condo-
minium, and all record owners of mortgages and upon units therein
owned by a bank, life insurance company or a federal savings
and loan association. If the proposed termination is submitted
to a meeting of the members of the Association, the notice of
which meeting vies notice of the proposed termination, and if
the approval of the owners of not less than seventy five (75%)
percent of the common elements, and of the record owners of all
mnrtq,HWs upon units in the condominium owned by i1 bi1nk, 1 i f(,
insurdnce company or a federal savings and loan associi1tio!1, ilre
obtained not later than thirty (30) days from the date of such
meeting, the the approving owners shall have an option to buy
all of the units of the other owners for the period ending on
the 60th day from the date of such meeting. Such option shall
be upon the following terms:
1. Exercise of option. The option shall be exercised
by delivery or mailing by registered mail to each of the record
own0rs of the uni ts to be purchased of an agn~emcnt to purchasl'
signed by the record owners of units who will participate in the
purchase. Such Aqreement shall indicate which units will be
purchased by each participating owner and shall agree to purchase
all of the units owned by owners not approving the termination,
but the agreement shall effect a separate contract between each
seller and his purchaser.
2. Price. The sale price of each unit shall be the
fair market value determined by agreement between the seller and
purchaser within thirty (30) days from the d~livery or mailing of
such agreement, and in the absence of agreement as to price, it
shall be determined by arbitration in accordance with the then
existing rules of the American Arbitration Association, except
that the arbitrators shall be two appraisers appointed by the
American Arbitration Association who shall buse their deter-
mination upon an average of their appraisals on the unit; and
the judgment of specific performance of the sale upon the award
rendered by the arbitrators may be entered in any court of com-
petent jurisdiction. The expense of the arbitration shall be
paid by the purchaser.
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3. Payment.
The purchase price shall be paid in cash.
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4. ~lo~l~~. The sale shall be closed within thrity
(30) days following the determination of the sale price.
C. Certificate. The termination of the condominium in
either of the foregoing manners shall be evidenced by a certi-
ficate of the Association executed by its President and Secretary
certifying as to facts effecting the termination, which certificate
shall become effective upon being recorded in the Public Records
of Seminole County, Florida.
D. Share of Owners after termination. After termination
of tllr. cond()mJI'i-ilirll-fh(~-um t own(-;-rs --sliill-T-"C;wn the condom in i um
proDerty and all assets of the Association as tenants in common
in undivided shares, and their respective mortgagees and licnees
shall have the mortgages and liens upon the respective undivided
shares of the unit owners. Such undivided shares of the unit
owners shall be the same as the undivided shares in the cornman
elements appurtenant to the owners units prior to the termination-
- 17 -
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E. Amendment. This section concerning termination
cannot be amended without consent of all unit owners and of
all owners of mortgages required to approve termination by
Agreement.
FOURTEENTH - FIRST MORTGAGE HOLDERS. Any institutional
holder of a first mortgage on a unit will be, upon request,
entitled to:
A. Inspect the books and records of INDIAN RIDGE
CONDOMINIUM and the Association during normal business hours;
B. Receive an annual audited financial statement of
INDIAN RIDGE CONDOMINIUM ASSOCIATION within ninety (90) days of
the end of the fiscal year and;
C. Written notice of all. meetings of the owners
Association and shall be permitted to designate a representative
to attend all meetings.
FIFTEENTH - SEVERABILITY. The invalidity in whole or in
p~rt of--any covenunt or restriction, or uny section, subsection,
sentence, clause, phrase or word, or other providion of this
Declaration of Condominium and the By-Laws and regulations of
the Association shall not affect the validity of the remaining
portions thereof.
IN WITNESS WHEREOF, the Developer has executed this
Dccluration the day and year first above written.
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By:
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STATE OF FLORIDA
COUNTY OF SEMINOLE
BEFORE ME, personally appeared, STANLEY MELNICK and
LINDA B. PEEK, President and Secretary of the foregoing
Corpora t ion, respective ly, who, <1cknowledgcd be for(~ m(~
that they were duly authorized to act for and on behalf
of the foregoing Corporation, and that they did so for
the purposes expressed within the foregoing Declaration
of Condominium.
WITNESS my hand and official seal, this the ;7:1... day of
~!b~ ,1979.
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Notary Public, State of Florid<1
(SEAL)
My Commission Expires:
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MY COW~I~ION (JJI..r~ m. t119il
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LEGAL DESCRIPTION
PHASE ONE
From the centerline intersection of Moss Road and Longwood-
Oviedo Road, run thense S. 88023'42"E. along the centerline
of Lonqwood Oviedo Road 701.16 feet~ thence N. 01036'18" E.
351.56 feet to the point of curvature of a curve concave
Easterly with a radius of 924.31 feet, a central angle of
24025'48"~ run thence along the arc of said curve 394.11
feet to the point of tangency~ run t.hence N.26002'06"E. 143.08
feet for a point of beginning~ continue thence further N.
26002'06"E. 320.40 feet; thence S.56050'32"E. 645.31 feet to
the Westerly right-of-way line of Sherry Avenue~ thence run
S. 26002'06" W. along said Westerly right-of-way line 307.81
feet; thence N. 57057'15" W. 643.87 feet to the point of
beginning, containing 4.6173 acres more or less.
PHASE TWO
From the centerline intersection of Moss Road and Longwood-
Oviedo Road, run thence S.88023'42" E. along the centerline
of Lonqwood-Oviedo Hoael 701.16 feet; thence N. 01036'lR"r'~.
351.56 feet to the point of curvature of a curve concave
Easterly with a radius of 924.31 feet, a central angle of
24025'48"; run thence along the arc of said curve 394.11 feet
to the point of tangE:ncy~ run thence N. 26002'06"E. 463.48
feet for a point of beginning; continue thence further N.26002'06"
E. 55.83 feet; thence N.14055'35"E. 150.00 feet; thence S.
75004'25"E. 130.28 feet~ thence N.89048'59"E. 86.79 feet~
thence S.17038'19"W. 96.92 feet; thence S. 59039'10"E.
169.28 feet~ thence S. 52047'41"E. 163.19 feet; thence N.
13009'18"E. 319.95 feet; thence S.83000'59"E. 127.45
feet to the Westerly right-of-way line of Sherry Avenue:
thence run S.14052'25"W. along said Westerly right-of-way
line, 368.47 feet; thence S. 26002'06"W. 198.25 feet; thence
leaving said Westerly right-of-way line, run N. 56050'32"W.
645.31 feet to the point of beginning, containing 4.1032
acres more or less.
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From the centerline intersection of Moss Road and Lonqwood-
Ovipdo Road, run thence S. 88023'42"E. along the centc.rlinc
of Longwood-Oviedo Road 701.16 feet; thence N. 01036'18"E.
351.56 feet to the point of curvature of a curve concave
Easterly with a radius of 924.31 feet, a central angle of
24025'48"; run thence along the arc of said curve 394.11
feet to the point of tangency; run thence N. 26002'06"E.
519.31 feet; thence N. 14055'35" E. 150.00 feet~ thence
S. 75004'25"E. 130.28 feet for a point of beginning: thence
run N. 26002'06"E. 102.95 feet~ thence North 168.38 feet;
thence S. 82017'42"E. 211.72 feet; thence S. 00051'12"E.
68.75 feet; thence S. 45002'41"W. 75.31 feet; thence S.
00058'17"E. 109.91 feet; thence S. 89048'59"W. 204.59 feet
to the point of beginning, containing 1.0739 acres more or
less.
EXHIBIT "A"
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PHASE THREE
From the centerline intersection of Moss Road and Longwood-
Oviedo Road, run thence S. 88023'42"E. along the centerline
of Longwood-Oviedo Road 701.16 feet; thence N. 01036'18"E.
351.56 feet to the point of curvature of a curve concave
Easterly with a radius of 924.31 feet, a central angle of
24025'48"; run thence alonq the arc of said curve 394.11
f(~et to the point of tangency; run thence N. 26002'06" E.
519.31 feet; thence N.14055'35"E. 150.00 feet; thence S.750
04'25"E. 130.28 feet; thence N.26002'06"E. 102.95 feet;
thence North 168.38 feet for a point of beginning; thence
continue North 51.62 feet; thence N. 63057'54"W. 52.00
feet; thence N. 26002'06" E. 180:00 feet; thence S. 630
57'54"E. 285.00 feet; thence S. 74034'25"E. 283.00 feet
to the Westerly right-of-way line of Sherry Avenue; thence
run S. 14052'25"W. along said Westerly right-of-way line
286.53 feet; thence leaving said Westerly right-of-way
lino, run N. 83000'59"W. 127.45 feeti thence S. 13009'18"W.
'3 I 9 . 9 S f (' (' t ; the nee N. 5 2 0 4 7 ' 4 1 "W. 1 6 3 . 1 9 f ( . (~ t ; t tw n C I" N.
rjgo39'10"W. 169.28 feeti thence N. 17038'19"E. 96.92 feet;
thence N. 89048'59"E. 117.80 feet; thence N.00058'17"W.
109.91 feet; thence N. 45002'41"E. 75.31 feet; thence N.
00051'12''W. 68.75 feet; thence N. 82017'42"W. 211.72 feet
to the point of beginning, containing 4.9824 acres more or
less.
EXHIBIT "B"
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THIS INSTRUMENT
GARY E .WAS PREPARED By
. MASSer AI
165 WHOOPING l~t::y at law
AlTAMONTE SPRINGS F P
, l 3270i
WARRANTY DEED
THIS INDENTURE, made this
day of
, A.D.
19
BETWEEN INDIAN RIDGE PATIO HOMES, INC., a corporation
authorized to transact business and existing under the laws
of the State of Florida, having its principal place of busi-
ness in the County of Seminole, and State of Florida, party
of the first parti and,
whose mailing address is:
of the County of
and State of
party of the second parti
WIT N E SSE T H:
That the said party of the first part, for and in
consideration of the sum of TEN ($10.00) DOLLARS and
other valuable considerations to it in hand paid, the
n'c(,lpt whereof is hereby i1cknowlcdged, ha~> qranLcd, bar-
gained, sold, aliened, remised, releases, conveyed, and
confirmed, and by these presents doth grant, bargain, sell,
alien, remise, release, convey and confirm unto the said
party of the second part, and their heirs assigns, forever,
all that certain parcel of land lying and being in the
County of Seminole and State of Florida, more particularly
described as follows:
UNIT number of INDIAN RIDGE, a CONDOMINIUM,
according to the Declaration thereof recorded in
Official Record Book at Page of the
Public Records of Seminole County, Florida.
TOGETHER with all of the appurtenances thereto
belonging according to said Declaration of Condominium,
including an undivided 1/44th interest in the common
elements.
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SUBJECT, HOWEVER, to all of the provisions of said
Declaration of Condominium which the party of the
second part assumes and agrees to observe and perform,
including but not limited to the payments of assess-
mont for the maintenance of said apartment and
condominium.
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TOGETHER with all the tenements, hereditaments and
appurtenances, with every privilege, right, title,
interest, and estate, reversion, remainder and easements
thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
EXHIBIT "c"
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S E M \ N ~; L ~ c: G 'J l, TV
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AND the said party of the first part doth covenant
with the said party of the second part that it is lawfully
seized of the said premises; that they are free of all
encumbrances, and that it has good right and lawful au-
thority to sell the same; and that the said party of the
first part does hereby fully warrant the title to said land,
and will defend the same against the lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, the said party of the first part
has caused these presents to be signed in its name by its
President and its corporate seal to be affixed, the day
and year above written.
Signed, Sealed and Delivered
in our presence:
INDIAN RIDGE PATIO HOMES, INC.
By:
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day of
A.D. 19 , before me, personally appeared 0:
as President and , ~:-:.~
as Secretary, of INDIAN RIDGE PATIO HOMES, INC., a corporationC r
under the laws of the State of Florida, to me known to be ~r
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the persons described in and who executed the foregoing 1 '
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conveyance to '.
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and severally acknowledged the execution thereof to be his
free act and deed as such officer, for the uses and purposes
herein mentioned; and that he affixed thereto the official
seal of said corporation, and the said instrument is the
act and deed of said corporation.
WITNESS my signature and official seal at WINTER SPRINGS,
the County of SEMINOLE and STATE OF FLORIDA, the day and
year aforesaid.
Notary Public, State of Florida
At Large
My Commission Expires:
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e
B00~ AG[
SE:~IN:.'~[ i~(JUNTY
FL Or/IDA
ARTICLE OF INCORPORATION
OF
INDIAN RIDGE CONDOMINIUM ASSOCIATION, INC.
The undersigned, by these Articles, associate them-
selves for the purpose of forming a Corporation, not for profit,
under Chapter 617, Florida Statutes, 1971, and certify as
follows:
0)
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ARTICLE I
...,r
Name. The name of the Corporation shall be INDIAN
CD
RIDGE CONDOMINIUM ASSOCIATION, INC. For convenience, the Cor-
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poration shall be referred to in this instrument as the
"Association". The street address of the Corporation is
ARTICLE II
Purpose. The purpose for which the Association is
organized is to provide an entity pursuant to the Condominium
Act of the State of Florida for the operation of condominium
properties within the State of Florida. The first condominium
property to be operated by this Association is INDIAN RIDGE
CONDOMINIUM, which is located on that certain tract of land
located in Seminole County, Florida, which is more particularly
described in Exhibit A attached hereto and hereby made a part
hereof. Additional condominium property may also be operated
by this Association if authorization for this is contained in
the Declaration of Condominium of such additional condominium
or condominiums and the Directors of the Association adopt a
resolution approving the same. The Association shall make no
distribution of its members, directors or officers.
ARTICLE III
Powers. The powers of the Association shall be governed
by the following provisions:
EXHIBIT "F"
e
\ 215 :898
e
ac;,'~. a,v~
S u~ : N ,'l:. ,~;-!l~' In '
Fll1H'iH
The Association will have the common law and statutory
powers of a corporation not for profit, not in conflict with
the terms of these Articles.
The Association shall have all the powers and duties
set forth in the Condominium Act except as limited by these
Articles and the Declaration of Condominium and all powers and
duties reasonably necessary to operate the condominium pursuant
to the Declaration and as it may be amended from time to time,
including but not limited to the follQwing:
A. To make and collect assessments against members
as unit owners to defer the costs, expenses and losses of the
condominium.
B. To use the proceeds of the assessments in the
exercising of powers and duties.
C. The maintenance, repair, replacement and operation
of the condominium property including easements.
D. The purchase of insurance for the condominium
property and insurance for the protection of the Association and
its members as unit owners.
E. The reconstruction of improvements after casualty
and the further improvements of the property.
F. To make and amend reasonable regulations respecting
the use of the property in the condominium.
G. To enforce by legalmeans the provisions of the
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Condominium Act, the Declaration of Condominium, these Articles,
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the By-Laws of the Association and regulations for use of the
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property in the condominium.
H. To contract for the management of the condominium
and to delegate to such manager all such powers and duties of
the Association that are necessary in the opinion of the Directors
of the Association for the manager to effectively manage same.
I. To employ personnel to perform the services re-
quired for the proper operation of the condominium.
-2-
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J. To acquire and enter into agreements wherehy it
nc.:quJ rl'H 1(,~18ehold8. n1l'mbcrships or other posses SOl'!' or IIS('
interests in lands or facilities, including but not limitcll to
country clubs, golf courses, mnrinas and other recreational
facilities, whether or not contiguous to the lands of the <.:on-
dominium intended to provide for the enjo~nent, recreation or
other use for benefit of unit owners.
K. To acquire by purchase or otherwise condominiur::
parcels of the condominium suhject ne~ertheless to the provisions
of the Declaration and or By-Laws relative thereto.
All funds and the titles to all propert ies ac(;ui red
by the Association and their proceeds shall be held in trust
for the members in accordance with the provisions of the Dec-
laration of Condominium, thesE' Articles of Incorporation and
the By-Laws.
Powers of the Association shall be subject to and
shall be exercised in accordance with the provisions of the
Declaration of Condominium and the By-Laws.
ARTICLE IV
Members. The members of the Association shall con-
sist of all of the record owners of units in the condominium
and, after termination of the condiminium, shall consist of
those who are members at the time of such termination, their
successors and assignees.
After receiving approval of the Association, if re-
quired by the Declaration of Condominium, change of membership
in the' ^sRoc11.1tion shall b(~ established by recorded in the
Public Records of Seminole County, Florida, a deed or other
instrument establishing a record title to a unit in the condom-
inium and the delivery to the Association of a certified copy
of such instrument. The owner designated by such instrument
thus becomes a member of the Association and the membership
of the prior owner is terminated.
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The share of the member in the funds and assets of
the ^ssociation cannot be assigned, hypothecated or trnn9ferrod
in any manner execept as in an appurtenance to his unit.
The owner of each unit shall be entitled to one vote
as a member of the Association. The manner of exercising
voting rights shall be determined by the By-Laws of the
Association.
ARTICLE V
Directors.
The affairs of the Association will be
managed by a Board consisting of five (5) Directors who shall
hold office in accordance with the terms of the Declaration of
Condominium.
Directors of the Association shall be elected at the
annual meeting of the members. Directors may be removed and
vacancies on the Board of Directors shall be filled in a
manner provided by the By-Laws.
The Owner and Developer of the condominium property
is INDIAN RIDGE PATIO HOMES, INC., a Florida corporation
authorized to do business in the State of Florida.
The names and addresses of the first Board of Direc-
tors, who shall hold office until their successors are elected
and qualified or until removed are as follows:
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STANLEY MELNICK
LINDA B. PEEK
GARY E. MASSEY
JoANN BARRETT
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ARTICLE VI
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Officers. The affairs of the Association shall be
administered by officers designated in the By-Laws. The officers
shall be elected by the Board of Directors at its first meeting
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following the annual meeting of the members of the Association
and shall serve at the pleasure of the Board of Director~.
The names and addresses of the officers who shall serve until
their successors are designated by the Board of Directors are
as follows:
STANLEY MELNICK
GARY E. MASSEY
J oANN BARRETT
LINDA B. PEEK
PRESIDENT
VICE PRESIDENT
SECRETARY
TREASURER
ARTICLE VII
Indemnification. Every Director and every officer
of the Association shall be indemnified by the Association
against all expenses and liabilities including counsel fees
reasonably incurred by or imposed upon him in connection with
proceeding or settlement, or any proceeding to which he may be
a party or in which he may become involved by reason of his
being or having been a Director or officer of the Association
whether or not he is a Director or officer at the time ~uch
expenses are incurred except when the Director or officer is
adjudged guilty of willful misfeasance or malfeasance in the
performance of his duties; provided that in the event of a
settlement, the indemnification shall apply only when the Board
of Directors approve such settlement and reimbursement is being
for the best interest of the Association. The foregoing right
of indemnification shall be in addition to and not exclusive of
all other rights to which such Director or officer may be en-
titled.
ARTICLE VIII
By-Laws. The first By-Laws of the Association shall
be adopted by the Board of Directors and may be altered, amended
or rescinded in a manner provided by the Declaration of Condo-
minium and By-Laws.
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ARTICLE IX
Amendments. Amendments to the Articles of Incorpora-
tion shall be proposed and adopted in the following manner.
Notice of the subject matter of the proposed amendment shall
be included in a notice of any meeting at which a proposed
amendment is considered.
A resolution for the adoption of the proposed amend-
ment may be proposed either by the Board of Directors or by
memhers of the Association. Director~ and memhers not present
in person or by proxy at the meeting considerin~ the amendment
may express their approval in writing providing such approval
is delivered to the Secretary at or prior to the meeting.
Except as elsewhere provided, such approvals must be by
not less than three members of the Board of Directors and by
not less than seventy-five (75%) percent of the votes of
the membership of the Association.
No amendment shall be made that is in conflict with
the Condominium Act or the Declaration of Condominium.
A copy of each amendment shall be certified by the
Secretary of State and recorded in the Public Records of
Seminole County, Florida.
ARTICLE X
Term. The term of the Association shall be perpetual.
ARTICLE XI
Subscribers.
The.names and addresses of the sub-
scribers of these Articles of Incorporation are as follows:
STANLEY MELNICK
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ARTICLE XII
Resident Agent. The name and office of the Resident
Agent upon whom service of the Association may be affected is:
GARY E. MASSEY
355 East Semoran Boulevard
Altamonte Springs, Florida 32701
The above-named Resident Agent joins in execution of
these Articles to evidence his acceptance of his designation
as Resident Agent and his agreement to comply with Florida
Statutes governing corporate resident agents.
IN WITNESS WHEREOF, the subscribers to these Articles
of Incorporation have fixed their hands and seals this 8th
day of
March
. 1979.
STATE OF FLORIDA
COUNTY OF SEMINOLE
BEFORE ME, personally appeared, STANLEY MELNICK who,
after being duly sworn deposes and says that he is the
within named incorporator of these Articles and as such
h'-H~ camp 1 (l tC' k now ledge of the things statpd th('T<' in: ilnd
that he has executed the foregoing for the purposes
therein expressed.
Witness my hand and seal, this
March, 1979.
~he~~y of
uttLcJlj~~
ot ry Public, State of Florida
(
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My Commission Expires:
MY COMMISSION EXPIRES: MAY 19, 1979
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BY-LAWS
OF
INDIAN RIDGE CONDOMINIUM ASSOCIATION, INC.
ARTICLE I: NAME AND LOCATION.
SECTION 1: The name of this Association shall
be INDIAN RIDGE CONDOMINIUM ASSOCIATION, INC.
SECTION 2: The principal office of this Associa-
tion shall be Winter Springs, Florida.
SECTION 3: Other offices for the transaction of
business shall be located at such places as the Board of Direc-
tors may from time to time determine.
ARTICLE II: MEMBERS OF THE ASSOCIATION.
SECTION 1: The members of the Association shall
be as defined and designated in the Declaration of Condominium
of which these By-Laws form a part, together constituting the
Condominium documents.
SECTION 2: An annual meeting of the Association
members shall be held at 8:30 p.m. on the second Monday in
January of each year, said meeting to be held at the principal
office of the Association or at such place, either on the condo-
minium property or elsewhere, as may be described in the notice
of such meeting.
At such meeting, the Association members shall
elect Directors to serve until their successors shall be elected
and qualified.
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SECTION 3: Any special meeting of the Association 'f 00
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to be held at the place designated by such notice thereof may
be called at any time by the President, or in his absence, a
Vice-President, or a majority of the Directors. It shall be
the duty of the Directors, the President or a Vice-President
to call such a meeting whenever so requirested by twenty-five
(25) or more Association members.
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SECTION 4: Unless waived in writing by unit owners,
notice of the time and place of the annual meeting and special
meetings shall be mailed by United States certified mail by
the Secretary to each Association member, or in the case of a
husband and wife, the same may be addressed by one notice
addressed to both of them, not less than fifteen (15) days
before the date of such meeting. In addition, written notice
shall be posted in a conspicuous place on the condominium
property at least fifteen (15) days prior to the annual meeting.
.
SECTION 5: Annual or special meetings of the
Association members may be held at any time and any place
within or without the condominium property when a majority or
more voting shares shall be present at such meeting, however,
called or notified, and shall sign a written consent thereto on
the recording of the meeting. The acts of any such meeting
shall be valid as if duly called and notified.
SECTION 6: At any meeting of the Association, an
Association member shall be entitled to vote and the weight of
his, her or their vote shall be the same as the percentage of
ownership in the condominium building.
SECTION 7: Proxies shall be allowed, but must
be in writing, and shall be filed with the Secretary and by
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him entered and recorded in the minutes of the meeting.
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SECTION 8: A quorum for the transaction of
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business at any Association meeting shall constitute the number ;', (...>
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of members either present or represented by proxy, representing en
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a majority of the then outstanding voting shares, and the Asso-
ciation members present at any meeting with less than a quorum
may adjourn the meeting to a future time.
a. Vote required to transact business: \Vhen
a quorum is present at any meeting, the holders of a majority of
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the voting rights present in person or represented by written
proxy shall decide any question brought before the meeting,
unless the question is one upon which by expressed provision
of the statutes, the Declaration of Condominium, or of the By-
Laws a different vote is required, in which case such expressed
provision shall govern and control the decision of such question.
SECTION 9: The Association members shall have
the power, by a majority vote, at such meeting to remove any
member of the Board of Directors or officer from office with
or without cause.
ARTICLE III: ADMINISTRATION AND MANAGEMENT OF
CONDOMINIUM - BOARD OF DIRECTORS.
SECTION 1: The administration and management of
the condominium property as the same relates to the common ele-
ments and the providing of utilities as may be designated shall
be vested in the Condominium Association and through the Board
of Directors. The Association shall maintain an assessment
roll and prudent in accordance with good business standards. The
Association, through its officers and administrators, shall have
the powers, authorities and responsibilities as are vested in
the officers and directors of any corporation not for profit under
the laws of the State of Florida.
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SECTION 2: The business, property of the Asso-
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ciation, the common elements, and all assessments and generally'"
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the management and control of the Association and property owned
by it, shall be conducted and managed by a Board of Directors
consisting of five (5) Directors, who shall be elected by the
Association members.
SECTION 3: An annual meeting of the Board of
Directors shall be held in the principal office of the Associa-
tion immediately after the adjournment of the annual Association
meeting.
SECTION 4: Special meetings of the Board of
Directors shall be held in the principal office of the Association
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or at such other place or places within or without the condomin-
ium property as a majority of the Directors shall from time
to time designate. Upon consent of a majority of the Directors,
annual and special meetings of the Board may be held without
notice at any time and place.
SECTION 5. Notice of all annual and special
meetings, except those specified in the second sentence of
Section 4 of this article, shall be mailed by United States
mail to each Director by the Secretary at least fifteen (15)
days previous to the time fixed for ~he meeting. All notices
of special meetings shall state the purpose thereof. A notice
of all meetings shall be posted conspicuously on the condominium
property at least forty-eight (48) hours in advance, except
in an emergency.
SECTION 6: A majority of the Board of Directors
for the transaction of business at any annual or special meeting
shall be necessary to constitute a quorum and the act of a
majority of the Directors present at any such meeting at which
a quorum is present shall be the act of the Board of Directors.
SECTION 7: The Board of Directors shall elect
the officers of the Association and fix their salaries, if any.
Such election shall be held at the Board of Directors meeting
following the annual Association meeting.
An officer may
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be removed at any time by a majority vote of the Board of
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may be filled for the unexpired term by the remaining members
of the Board at any regular or special meeting.
SECTION 9: At each annual meeting of the Asso-
ciation, the Directors shall submit a report to the Association
of the business transacted during the preceding year, together
with a report of the general financial condition of the Association.
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SECTION 10: Members of the Board of Directors
shall be elected for a term of two (2) years, and any member of
said Board may be reelected for additional terms, provided,
however, that the first Board of Directors may be comprised
of members with staggered terms with two (2) Directors being
elected to serve for one (1) year and three (3) Directors
being elected to serve for two (2) years.
SECTION 11: In addition to the foregoing powers
and authorities, the Directors shall have the power and duty
to make and collect assessments against members of the Asso-
ciation to defray the costs of maintaining the Condominium,
to maintain, repair and replace Condominium property, to
make and amend regulations respecting the use of property of
the Condominium.
SECTION 12: The Board of Directors shall adopt
a budget for each fiscal year and the same shall contain
estimates of costs for performing the various matters and
functions of the Association. Copies of the proposed budget
and assessments shall be mailed to each unit owner not less
than thirty (30) days prior to the annual meeting at which
meeting the budget will be considered.
SECTION 13: The Board of Directors shall depo-
sit the funds of the Association in such bank or banks as they
may from time to time direct and withdrawal of such funds,
shall be by such person or persons as the Board of Directors
may direct.
SECTION 14: Any officer or Director of the
Association shall provide a fidelity bond in such amount as
may be directed by the Board of Directors.
SECTION 15: The Board of Directors may make such
rules and regulations governing use of Condominium property as
they may deem proper.
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SECTION 16: The Board of Directors may employ
such agents or parties as it may deem necessary to assist it in
the administration and management of the Association.
ARTICLE IV: OFFICERS.
SECTION 1: The Association shall have a president,
a vice-president, a secretary and a treasurer. The offices of
secretary and treasurer may be held by the same person. They
shall be chosen by the Board of Directors and shall hold their
offices from year to year and shall be elected or reelected at
the annual meeting of the Association. The Association may
also have more than one (1) vice-president, assistant secretaries
or assistant treasurers and such other officers and agents as
may be deemed necessary. The president, vice-president and
secretary must also be Directors.
SECTION 2: The President, or in his absence the
Vice-President, of the Association shall preside at all meetings
of the Board of Directors and Association meetings. The Presi-
dent shall have general supervision over the affairs of the
Association and over the other officers and in his absence,
these duties shall be performed by the Vice-President.
SECTION 3: The Secretary shall issue all notices
of meetings of the Board of Directors and Association meetings
and shall attend and keep the minutes of the same. He shall have
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all other duties normally incident to such office.
In the
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Assistant Secretary.
SECTION 4: The Treasurer shall have custody of
the funds of the Association and shall keep regular books and
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accounts, together with vouchers, receipts, records and other
papers normally incident to such office. The Treasurer shall
also maintain an assessment roll with the names of each of the
members of the Association and their assessment percentage. In
case of the absence or disability of the Treasurer, the duties
may be performed by an Assistant Treasurer.
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SECTION 5: Each of the officers above described
shall, in addition to the powers and duties conferred upon them
herein, have all the powers, authorities and responsibilities
as are designated to officers of a corporation not for profit
and the laws of the State of Florida.
ARTICLE V: MANNER OF COLLECTING COMMON EXPENSES
FROM UNIT OWNERS.
SECTION 1: Assessments for Common Expenses.
Assessments for recurring common expenses shall be made for
the calendar year annually in advance on or before December 20th
preceding the year for which the assessments are made. Such
assessments shall be due in four (4) equal consecutive quarterly
installments on the first day of each calendar quarter for the
year for which the assessments are made. If an annual assessment
is not made as required, an assessment shall be presumed to have
been made in the amount of the last prior assessment and quarter-
ly installments thereon shall be due upon each installment paYIllL'nt
date until changed by a new assessment. The total of assessments
for recurring common expense shall be not more than one hundred
fifteen (115%) percent of the assessments for the purpose for
the prior year unless approved in writing by a majority of the
unit owners provided that the same shall not prevent the levy
of extraordinary assessments from time to time. In the event
such an annual assessment proves to be insufficient, it may
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the unit owners and the unpaid assessment for the remaining por- x
tion of the calendar year shall be due in equal quarterly instal1-
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ments on the first day of each calendar quarter thereafter during
the YV~lr for which the assessment is made. The ri~hts and powers
relating to collection of common expenses granted to the Board
of Directors in this article may be exercised concurrently by
the Developer until such time as management shall be vested in
the Association.
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SECTION 2: Acceleration of Assessment Installments
Upon Default. If an apartment owner shall be in default in the
payment of an installment upon an assessment, the Board of
Directors may accelerate the remaining installments of the assess-
ment upon notice thereof to the unit owner, and thereupon the
unpaid balance of the assessment shall come due upon the date
stated in the notice, but not less than ten (10) days after
delivery thereof to the unit owner, or not less than twenty
(20) days after the mailing of such notice to him by registered
or certified mail, whichever shall first occur.
SECTION 3: Continued Default. If a unit owner
shall be in default in the payment of an assessment installment
for more than twenty (20) days after mailing of notice provided
in SECTION 2 of this article, he shall be taxed an additional
penalty of Five ($5.00) Dollars for each and every day that
said assessment shall remain unpaid. In addition, the Asso-
ciation may, at its election, file an action in the same manner
and in the same form as if the Association were a landlord,
and the unit owner were a tenant in default of payment of rent,
and in such event, the Association may have the unit owner removed
from the premises by p~ocess of law as provided therein and
in such event the unit owner shall not be repossessed of the
property until payment in full of the assessment as accelerated
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or such other arrangement as the said unit owner may make wi th th~,~ (.)
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Board of Directors. In addition, the Board of Directors may
have such other actions or rights as the law may provide and
grant for such default. The delinquent unit owner shall be
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liable for all expenses and attorneys fees the Association incurs
in connection with the collection of a delinquent assessment.
SECTION 4: Assessments for Emergencies. Assess-
ments for common expenses of emergencies which cannot be paid
from the assessments for recurring expenses shall be made only
after notice of the need therefor to the unit owners concerned.
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After such notice, and upon approval in writing of a majority
of such unit owners concerned, the assessment shall become
effective, and it shall be due after thirty (30) days notice
thereof in such manner as the Board of Directors of the Asso-
ciation.
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~9
PATIO HOMES
March 31, 1981
Ray Bradshaw, Building Official
City of Winter Springs
400 N. Edgemon Avenue
Winter Springs, Florida 32708
Dear Mr. Bradshaw,
We request that you issue five certificates of occupancy in
Phase Two of Indian Ridge Patio Homes for units # 57, # 58, # 59,
# 60 and # 66. We guarantee that we will cure the drainage problem
on our rear westerly property 1 ine so there wi 11 be no water accum-
ulation. \ve will also patch San Rafael so surface water will not
a c c u mu 1 ate. T his w 0 r k w ill b e com p 1 e t e don 0 r b e for e A p r ill 0 ~ 1 98 1 .
Before requesting any additional certificates of occupancy these
drainage problems will be solved to your satisfaction.
Thank you very much for
your COOP~1/on in this matter.
CordiaVT'y yours, ~/7
11d i ap/ Ridge P .10 0 e s I Ii c .
~/~QI:~ ~t/ .
,J6Ann Barrett
(V ice Pre sid e n t
City of Winter ~~ring~
tity ~a w:,
lfiAR 31 'l~m
R" ~En
346 S ~ n M i 9 ue 1 / Winter Springs, Floriba 32707 / (305) <327-0B41
T
TELEPHONE
(305) 327-1800
WINTER SPRINGS, FLORIDA
ZIP CODE 32708
M E M 0
April 23, 1981
To:
Ray Bradshaw, Building Official
From:
Jack Cooper, City Engineer
Subject:
Indian Ridge, Certificates of Occupancy
The attached copy of letter is the gist of the agreement I
have arrived at regarding the improvements for the subject project.
If you have any objection, please advise.
assume you will issue the certificates of occupancy.
on the matter and if they do not produce as per the
you to stop issuing the certificates of occupancy.
If not 1 will
I will follow up
letter, I will advise
D ea r';;cM r:.
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In accordance with our discussion this morning on site,
~~tha Indian Ridge Condominium. we intend to cure the problem
with.the "bird baths" on San Rafael so that the water flows to
the,Z~:catch basins presently- installed and that "bird baths"
and/or"puddl ing" does not recur.
We further intend to build a swale between the sod presently
installed and our property line as outlined by the surveyor's
stakes along the westerly side of Phases I and I I of Indian
Ridge Patio Homes Condominium. The ~ater from this swale will
be diverted so that it no longer puddles.
. .
"Our engineer, Mr.. Donald W. Mcintosh of< Donald W. Mcintosh
Associates, Inc. is preparing sketches. of both San Rafael and
the westerly property line with grades, so that we can establ ish
the exact flow of the water and a method of disposing of t~e
wa t e rt',w hie h we wiT l' 's u b m i t to you wit h i nth e next 1 0 day s .
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'1;&Tt',..is,our'understandj:~gthat'the City will issue Certificates
of Oc'cupancy",up 'to",14units of our select ion in Uni ts.4S through
7 2 i m m e d i ate 1 y .. and w hen the p 1 a n s fro m Mr. Me I nt 0 s h are su b m i t t e d
a nd a p pro v e d _ by you , C e r t i f i cat e s 0 f 0 c cup a n c y fo r u p t 6 a n add i -
tiona16.u.n,its will be issued. After:~1tb,is'Jwork has been:completed,
the,CJtyt.wLl.t.lissue.,Certificates of Occupancy for the balance of
the units.
The sequence in which we require these Certificates of
. 346 '. San' Mi g l.! e 1 "/1 Winter Springs, Florida 32708 1(305) 327 -0841
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is as follows:
64,65.66,67.10,71,72,62,63,
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WILLIAM A. CARROLL
629 MONMOUTH WAY
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WINTER PARK, F~ORlDA 32789
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October 19, 1972
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Zoning Commission
City of Winter Springs
1 North Fairfax Avenue
Winter Springs, Florida
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32707
Gentlemen:
I herewith apply for zoning changes on property located in Winter
Springs, Florida, descriptions and acreage~ of ,which are shown on
the attached plat and legal descriptions, as follows:
Parcel "A" - Change from R-l to C-l
Parcel "B" - Change from R-l to R-3
Parcel ItCH - Change from R-l to C-l
Due to the fact that we will have to absorb the costs of drainage
of a City-owned park area, and of other areas within the City for
which no downstream drainage provisions were made at the time of
development of these areas, we respectfully request that we be relieved
of the requirement to contribute land for park and recreaction purposes.
We understand and accept the fact that no 'construction will be per-
mitted on any of our properties prior to acceptance of our drainage
plans by the City of Winter Springs.
For your information, it is our intention to use the proposed R-3
zoned property for a .G1!1l',-~~.;u.l.nt._deve-loprn.e.p;t rather than for rental
apartments; historically the o\mer-occupant tends to be a more
desirable resident than the renter. We plan to build at least 70%
of the total units as fir~t-floor units. We plan to build to a
density of less than 11 1/2 units per acre.
If our application to rezone Parcel "BH to R-3 is approved, we propose
to consolidate this parcel with a parcel of.R-3 to the west of Moss
Road which lve have acquired, into a single c.qn.clominiumproj.ect. These
tHO parcels are approximately equal in size, and He propose that one
of these parcels will be an all-adult community. Each of the tl';O
parcels lvill have its own internal recreational-social facilities so
that residents will not have to cross an arterial street (Moss Road)
in travelling from their residences to these facilities.
If I may provide any further information or clarification, I will be
happy to do so.
WAC/pf
Attach.
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WILLI~~ A. CARROLL
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