OR BK 34508 PG 1087 RECORDED 8/21/2023
12:33 PM
Palm Beach
County, Florida Joseph Abruzzo, Clerk
Pgs: 1087 - 1092; (6pgs)
This
instrument was prepared by:
Mark D.
Friedman, Esq.
Becker
& Poliakoff, P.A.
625
North Flagler Drive - 7th Floor West Palm Beach, FL 33401
CERTIFICATE OF AMENDMENT TO THE
AMENDED AND RESTATED DECLARATION
OF CONDOMINIUM FOR
CANTERBURY C CONDOMINIUM
WHEREAS, the Declaration of Condominium for
Canterbury C Condominium has been duly recorded in the Public Records of
Palm Beach County, Florida, in Official Record Book 2120 at Page 1581;
and
WHEREAS, the Amended and Restated Declaration of Condominium for
Canterbury C Condominium has been duly recorded in the Public Records of
Palm Beach County, Florida, in Official Record Book 31020 at Page 270;
and
WHEREAS, at a duly called and noticed meeting of
the membership of Canterbury C Condominium Association, Inc., a Florida
not-for-profit corporation, held July 12, 2023 and a subsequent vote by
written consent in accordance with Section 617.0701 Florida Statutes, and
Article 2, Section 2.2, of the Amended and Restated By-Laws for Canterbury C
Condominium Association, Inc., the aforementioned Amended and Restated
Declaration of Condominium was amended pursuant to the provisions of said
Amended and Restated Declaration of Condominium.
NOW, THEREFORE, the undersigned hereby certify
that the following amendments to the Amended and Restated Declaration of
Condominium are a true and correct copy of the amendments as amended by the
membership.
AMENDMENTS TO THE
AMENDED AND RESTATED DECLARATION OF CONDOMINIUM OF
CANTERBURY C CONDOMINIUM
(Additions shown by “underlining”,
deletions shown by “strikeout”)
* * *
7.
MAINTENANCE, REPAIR, AND REPLACEMENT OF UNITS, LIMITED COMMON ELEMENTS, COMMON
ELEMENTS AND ASSOCIATION PROPERTY.
* * *
7.3 Specific Unit Owner Responsibilities.
(g) Unit Owners shall be responsible for the
maintenance and upkeep of their unit and all interior surfaces within or
surrounding their unit, including the surfaces of their patios and
balconies, which includes including the
maintenance, repair, and replacement of all screens and screen frames, as well
as all floor coverings which may be permitted from time to time by the rules
and regulations of the Board of Directors. The screens and screen frames are a
Limited Common Element as are the floor coverings.
9. ADDITIONS, ALTERATIONS, OR IMPROVEMENTS TO UNITS,
LIMITED COMMON ELEMENTS, COMMON ELEMENTS AND ASSOCIATION PROPERTY BY UNIT
OWNER.
* * *
9.2 Consent of the Board of Directors. No Unit
Owner shall make any addition, alteration, or improvement in or to (i) the
interior of the Unit, including remodeling and/or which is structural in
nature, the removal of any interior walls, or which impacts the Common
Elements in any way, including, but not limited to, any work which involves
piercing the Unit boundary or which requires the issuance of a permit from a
governmental or regulatory authority or agency or to (ii) the Limited Common
Elements, without the prior written consent of the Board of Directors.
Any and all requests for
electrical, mechanical, or structural additions, alterations, or improvements
must be in writing and must be submitted to the Association with plans prepared
and sealed by the appropriate professional (i.e., architect, engineer, etc.).
All additions, alterations or improvements
must be performed by licensed contractors and a copy of the contractor’s
license must be provided to the Association before renovations are to begin.
The Board shall have the obligation to answer any
written request by a Unit Owner for approval of such an addition, alteration, or
improvement within thirty (30) days after receipt of such request and all
sealed plans or thirty (30) days after receipt of any additional information
requested by the Board within thirty (30) days of receipt of the initial
request. Failure to respond within the stipulated time shall constitute the
Board's consent.
The proposed additions,
alterations, and improvements by the Unit Owners shall be made in compliance
with all laws, rules, ordinances, and regulations of all governmental
authorities having jurisdiction, which may not be waived by the Association
under any circumstances, and with any conditions imposed by the Association
with respect to design, structural integrity, aesthetic appeal, construction
details, lien protection or otherwise.
Once approved by the Board of Directors, such
approval may not be revoked unless the Board finds misrepresentations in the
application submitted by the Unit owner. A Unit Owner making or causing to be
made any such additions, alterations or improvements agrees, and shall be
deemed to have agreed, for such Owner, and all future owners of the Unit, and
their heirs, personal representatives, successors and assigns, as appropriate,
to hold the Association, its Board members, officers and employees, and all
other Unit Owners harmless from and to indemnify them for any liability or
damage to the Condominium Property and expenses arising therefrom, and shall be
solely responsible for the maintenance, repair, replacement and insurance for
such additions, alterations or improvements from and after the date of
installation or construction thereof as may be required by the Association, and
shall also be responsible for all costs associated with removal and
reinstallation of same when necessary, in the discretion of the Board of
Directors, in connection with the Association’s performance of its maintenance
obligations under this Declaration.
The
Board may impose the requirements set forth in Paragraph 7.3(g) above and may
require the execution of a covenant to run with the Unit to memorialize the
application, approval, conditions of approval and future obligations of the
Unit Owner and may condition its approval of any addition, alteration or
improvement hereunder upon the preparation, execution and recording of such a
covenant at the Unit Owner’s expense.
16. OCCUPANCY
AND USE RESTRICTIONS. In order to provide for congenial occupancy of the
Condominium Property and for the protection of the values of the Units, the use
of the Condominium Property shall be restricted to and shall be in accordance
with the following provisions:
16.2 Occupancy and Guest Restrictions. Each Unit shall
be used as a single-family residence only, except as otherwise herein expressly
provided. As used herein, “single family” or words of similar import shall be
deemed to include up to two (2) persons who are married, or up to two (2)
persons not related by blood, marriage, or adoption living together as a single
housekeeping unit, and their spouses, adult children, siblings, parents or
grandchildren.
Under no circumstances may any Unit be used for any business
purpose which would cause a level of noise, odor, traffic, debris, or other
activity inconsistent with residential use.
A guest shall be
considered any occupant who is not a Unit Owner or approved tenant.
* * *
(vi)
No guest, occupant, or tenant shall be allowed to sleep on the porch, patio, or
balcony of a Unit or on the Common Elements or Limited Common Elements.
* * *
16.5 Nuisances. No nuisances (as defined by the
Association) shall be allowed on the Condominium Property, nor shall any use or
practice be allowed which is a source of annoyance to residents or occupants of
Units or which interferes with the peaceful possession or proper use of the
Condominium Property by its residents or occupants. The Board of
Directors is hereby authorized to adopt additional rules and regulations
regarding noise, including, but not limited to, regulations regarding the types
of activities that are permitted, the level of noise that is permitted, and the
hours during the day during which certain types of activities are permitted. All
unit owners, tenants, residents, and quests must exercise reasonable care to
minimize noise between the hours of 10:00 o.m. and 8:00 a.m. The following is
strictly prohibited between 10:00 p.m. and 8:00 a.m.:
(i)
Musical instruments may not be played between
the hours of 10:00 p.m. and 8:00 a.m;
(ii)
Electronic devices, including but not limited
to radios, televisions, stereo equipment, laptops, smartphones, and other
devices may not be used in a manner where the sound from such devices can be
heard from the common elements or other units:
(ill)
Door slamming;
(iv)
Screaming, shouting, loud talking in the
unit, the balcony of a unit, or on the common elements at a volume such that
can be heard by other unit owners inside of their units;
(v)
Honking of horns; and
(vi)
Other noise-making not listed in the
foregoing.
—Leasing
Moratorium. No Unit Owner acquiring title
after the effective date of this
amendment may lease his or her Unit
for a period of twelve (12) consecutive
months from the date title is acquired.
This twelve (12) month period shall run
from the date of recording of any instrument
transferring any ownership interest
in title to the Unit, except for
transfers to add members of the Unit Owner’s
immediate family as titleholders
with the Unit Owner or to a trust where such
transfers were undertaken for the purpose
of estate planning. The only other
exceptions to the foregoing moratorium
are Units obtained by beneficiaries
or heirs of the previous Unit Owner
when title was acquired through inheritance
or devise. This restriction
shall not apply to Units acquired by the
Association while the Units are owned
by the Association. If at the time
of transfer of any interest in title
a Unit is already leased pursuant
to a lease agreement entered
into by the previous Owner, the aforementioned
twelve (12) month period during which
the Unit may not be leased shall commence
at the expiration of the current term
of the existing lease which may not be
renewed or extended.
16.8 Prohibition on Leasing. After the date this
amendment is recorded in the Public Records, no Unit that is subsequently
transferred to new ownership by sale, gift, inheritance, or otherwise, may be
leased or rented under any circumstances. The foregoing restriction shall not
apply to Units acquired by the Association or the Long-Term Lessor (its
successors and assigns) while the Units are owned by the Association or the
Long-Term Lessor (its successors and assigns). Current owners (those who own a
Unit prior to this amendment being recorded in the public records) may continue
to lease or rent their Units in accordance with the provisions of the
Declaration of Condominium and in compliance with Article 17. When such Units
are subsequently transferred, they will no longer be able to be leased or
rented.
17. CONVEYANCES, SALES AND TRANSFERS. In order to
provide for congenial occupancy of the Condominium and Association Property and
for the protection of the values of the Units, the use of the Condominium
Property shall be restricted to and shall be in accordance with the following
provisions:
* * *
17.3
Association’s Election. Within thirty (30) days of receipt of the last of the
information required pursuant to Section 17.2 above, including but not
limited to fully completed applications, and any additional information
required by the Board, the Association must will approve or disapprove the transfer. Failure on the part of the Association to respond within said thirty (30) day period shall constitute automatic approval for the proposed transfer.
