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DECLARATION OF CONDOMINIUM FOR THE GRAND BELLAGIO ...

DECLARATION OF CONDOMINIUM FOR THE GRAND BELLAGIO ...

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planting of any tree, shrub, or other plant if such may cause damage to any structure or utility line<br />

or if it will cause messy litter or will in any way constitute a nuisance.<br />

4. To promptly report to the Association any defect or need for repairs for which the<br />

Association is responsible.<br />

5. To maintain, repair, and replace the interior of its Unit, any outside doors and<br />

windows associated with its Unit, including doors leading to any balconies and stairwells; and the<br />

garage doors of the attached parking garage (if any) assigned to the Unit Owner. All maintenance,<br />

repairs, and replacements to be done by Unit Owner shall be done without unreasonably<br />

disturbing the rights of other Unit Owners. If windows and garage doors are not promptly<br />

replaced when needed, then upon ten (10) days notice and failure to act, the Association may, at<br />

the expense of the Unit Owner, undertake said repairs and invoice the Unit Owner for<br />

reimbursement. If the invoiced amount is not paid within ten (10) days, the amount shall be<br />

treated like a special assessment against the Unit Owner.<br />

C. Unit Owner Negligence. If, due to the negligent act or omission of a Unit Owner, or of a<br />

member of the Owner’s family or household pet or of a guest or other authorized occupant or visitor of<br />

such Unit Owner, damage shall be caused to the Common Elements or to a Unit or Units owned by<br />

others, or maintenance, repairs or replacements shall be required which would otherwise be a Common<br />

Expense, such Unit Owner shall pay all insurance deductibles and other costs not covered by insurance<br />

related to the repairs and replacements required to fix such damage. Maintenance, repairs and<br />

replacements to the Common Elements or the Units shall be subject to the provisions of this Declaration<br />

of Condominium.<br />

D. Access to Units. To the extent that equipment, facilities and fixtures within any Unit or Units<br />

shall be connected to similar equipment, facilities or fixtures affecting or serving other Units or the<br />

Common Elements, then the use thereof by the individual Unit Owners shall be subject to the rules and<br />

regulations of the Association. The Association has the irrevocable right of access to each Unit during<br />

reasonable hours, when necessary for the maintenance, repair or replacement of any Common Elements<br />

or of any portion of a Unit to be maintained by the Association pursuant to the Declaration or as<br />

necessary to prevent damage to the Common Elements or to a Unit or other Units.<br />

E. Emergency Access. The Association has the irrevocable right of access to each Unit during<br />

reasonable hours, when necessary for the maintenance, repair, or replacement of any Common Elements<br />

or for making emergency repairs necessary to prevent damage to Common Elements or to another Unit or<br />

Units.<br />

F. Authority to Grant Easements. The Association shall have the authority to grant permits,<br />

licenses and easements over the Common Elements, and to move or modify the same, for utilities, ingress<br />

and egress, cable television service and for other purposes reasonably necessary or useful for the proper<br />

maintenance or operation of the Condominium Property.<br />

ARTICLE 17<br />

ALTERATIONS, ADDITIONS AND IMPROVEMENTS<br />

Alteration and improvement of the Condominium Property and restrictions thereon shall be as<br />

follows:<br />

A. By the Developer. Developer reserves the right to change the interior design and<br />

arrangement of any Units the Developer owns. So long as Developer owns the Units altered, the<br />

Developer, with the approval of a majority of the total voting interest required for amendments by Section<br />

718.110(4) F.S. may alter the boundaries between Units and the Common Elements. If at the time such<br />

amendment to the plans is made this Declaration has been recorded among the Public Records of the<br />

County, such amendment of the plans shall be reflected by an amendment of this Declaration signed and<br />

acknowledged only by the Developer and by the Association and if necessary, approved by the<br />

Institutional Mortgagees of Condominium Units materially and adversely affected thereby, whether the<br />

affected Condominium Units are encumbered by individual mortgages or by an overall construction<br />

mortgage. An amendment for such purpose need be signed and acknowledged only by the Developer and<br />

by the Association but need not be approved by the Unit Owners, whether or not such approval is<br />

elsewhere generally required for an amendment of the Declaration, provided, however, that where the<br />

consent of a specific Unit Owner or Owners is required in accordance with the provisions of this<br />

paragraph, such consent shall be attached as an exhibit to the Amendment. Several amendments to the<br />

plan may be reflected in a single amendment to the Declaration of Condominium. The right to make the<br />

aforedescribed changes are with respect to the Units in a building which has been condominiumized.<br />

14

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