KNOW ALL MEN BY THESE PRESENTS: That FIRST COMMUNITIES CORPORATION, a Florida corporation, hereinafter referred to as “DEVELOPER,” does hereby make, declare and establish this Declaration of Condominium as and for the plan of dwelling owner­ship for CENTER GATE ESTATES VILLAGE CONDOMINIUM, SECTION VII, being the property and improvements hereinafter described, and does hereby submit and dedicate same to condominium use, pursuant to Chaptetr 718, Florida Statutes, known as the Condominium Act.

FIRST COMMUNITIES CORPORATION, is the owner of the fee simple title to that certain property situate in the County of Sarasota, State of F1orida, which property is more particularly described in Exhibit “A” attached hereto, and on which there is constructed CENTER GATE ESTATES VILLAGE CONDOMINIUM, SECTION VII, a condominium housing project containing thirty-eight (38) condominium units or villas, and other appurtenant improvements. FIRST COMMUNITIES CORPORATION, hereby submits the above described pro­perty and the improvements thereon, to condominium ownership pur­suant to Chapter 718, Florida Statutes, known as the Condominium Act, and hereby declares the same to be a condominium to be known and identified as CENTER GATE ESTATES VlLLAGE CONDOMINIUM, SECTION VII.

For all purposes of this Declaration of Condominium, the following terms shall be the meanings stated in the Condominium Act (Section 718.103 Florida Statutes) and as set forth below, unless the context otherwise requires:

A. APARTMENT means unit, and the terms may be used interchangeably herein, as defined by the Condominium Act; a unit includes that part of the condominium pro­perty which is subject to exclusive ownership as more fully set forth and defined herein.
B. UNIT OWNER or owner of a unit means the owner of a con­dominium parcel.
C. ASSOCIATION means CENTER GATE ESTATES VILLAGE CONDOMINIUM ASSOCATION, SECTION VII, INC.
D. COMMON ELEMENTS shall include the tangible personal property required for the maintenance and operation of the condominium as well as the portion of the condominium property not included in the units.
E. LIMITED COMMON ELEMENTS means and includes those common elements which are reserved for the use of a certain unit or units to the exclusion of other apartments, and if any such exist, they are located, described and iden­tified in the attached Exhibit “B”.
F. COMMON EXPENSES means all expenses and assessments pro­perly incurred by the Association for the Condominium, and shall include:

1. Expenses of administration, expenses of main­ tenance, operation, repair or replacement of the common elements, and of the portions of units, if hny, to be maintained by the Association.
2. The expenses declared common expenses by provisions of this Declaration or the Bylaws.
3. Any valid charge against the condominium property as a Whole. Assessments levied by CENTER GATE MAINTENANCE AND PROPERTY OWNER’S ASSOCIATION, INC., for maintenance of the common areas of
   “CENTER GATE” and for opertition of CENTER GATE MAINTENANCE AND PROPERTY OWNER’S ASSOCIATION, INC., are not common expenses but are expenses of a unit owner.
4. Charges for utility services, except such service as is metered separately to an apartment or unit.
5. Insurance premiums on policies required of the Association by the provisions of this Declaration.
6. Administrative cost of operating the Association.

G. CONDOMINIUM means all of the condominium property of CENTER GATE ESTATES VlLLAGE CONDOMlNIUM, SECTION VII, as a whole when the context so permits, as well as the meaning stated in the Condominium Act
H. SINGULAR, PLURAL, GENDER Whenever the context so per­mits, the use of the plural shall include the singular the singular the plural, and the use of either gender shall be deemed to include all genders.
I. UTILITY SERVICES as used in the Condominium Act, and construed with reference to this condominium and as used in the Declaration and Bylaws, shall include, but not be limited to, electric power, gas, water and sewer, garbage and cable television.
J. ASSESSMENT shall mean a share of the funds required for the payment of common expenses which, from. time to time, is assessed against the unit owner.
K. COMMON SURPLUS means the excess of all the receipts of the Association, including but not limited to assessments, rents, profits and revenue on account of the common elements, over the amount of the common expenses.
L. CONDOMINIUM PARCEL means an apartment, together with the undivided share of the common elements which are appur­tenant to the unit.
M. CONDOMINIUM PROPERTY means the land, leaseholds and per­sonal property that are subjected to condominium ownership whether or not contiguous, all improvements thereon, and all easements and rights appurtenant thereto, intended for use in connection with the con­dominium.

A survey of the land, showing the improvements located thereon, and a graphic description of the improvements and a plot plan thereof, locating the improvements thereon, the common ele­ments and the approximate dimensions and identifying the dif­ferent floor plans, are attached hereto, incorporated herein and marked Exhibit “8” (herein collectively referred to as “the plat”). The condominium units shall be known and numbered as described in said Exhibit “B”: provided, however, in the event this Declaration has been recorded prior to the substantial completion of all improvements, the plat attached hereto as Exhibit “B” shall so recite and upon substantial completion of construction, the Developer shall amend this Declaration and the Plat attached hereto as Exhibit “B” to include a certificate of a surveyor authorized to practice in the State of Florida, reciting that the construction of the improvements is substantially complete so that the material, together with the provisions of the declaration describing the condominium property, is an accurate representation of the location and dimensions of the improvements, and that the idenification, location or dimensions of the common elements and of each unit can be determined from these materials. Such amendment shall not require the joinder or consent of any unit owners or holders of any liens thereon.

Completed units within each substantially completed building may be conveyed to purchasers notwithstanding that other build­ings are not substantially completed, provided that all planned improvements, including but not limited to landscaping, utility services, and access to the unit and common element facilities serving such building as set forth herein are first completed and that, as to the units being conveyed, there is a certificate of a surveyor as required above, including certification that all planned improvements, including but not limited to landscaping, utility services, and access to the unit and common element facilities serving such building as set forth herein are first completed and that, as to the units to be conveyed, there is a certifi­cate of a surveyor as required above, including certification that all planned improvements, including but not limited to landscaping, utility services and access to the unit and common element facilities serving the building in which the units be conveyed are located have been substantially completed, and such certificate is appended to the instrument of conveyance conveying the particular unit, which appendage shall act as an amendment to this Declaration.

A. AMENDMENT OF PLANS

1. Alteration of Unit Plans. Developer reserves the right to change the interior design and arrangement of all units and to alter the boundaries between units as long as Developer owns the units so altered, and pro­vided Developer obtains consent of affected institu­tional mortgagees. No such change shall increase the number of units nor substantially decrease the area of the common elements without amendments to this Declaration, by approval of the Association, all unit owners and affected institutional mortgagees. If the Developer shall make any changes in units so authorized, such changes shall be reflected by amendment to this Declaration. If more than one (1) unit is concerned, the Developer shall apportion between the units the shares of the common elements and expenses appurtenant to the units so concerned.
2. Amendment of Declaration. An Amendment of this Declaration reflecting such authorized alterations of unit plans or boundaries by Developer need to be signed and acknowledged by the Developer and affected insti­tutional mortgagees, end need not be approved by the Association, unit owners or lienors or non­ institutional mortgagees of units or of the con­ dominium, whether or not elsewhere required for an amendment.

B. EASEMENTS are reserved through the condominium property as may be required for utility services in order to serve the condominium adequately provided however, such easements through a unit shall be only according to the plans and specifications for the particular unit, unless approved in writing by that unit owner.
C. IMPROVEMENTS – GENERAL DESCRIPTION

1. Unit Structures. The condominium includes nineteen (19) duplex structures, containing thirty-eight (38) individual apartments or units.
2. Other Improvements. The condominium property includes landscaping and lawns, swimming pool, spa/ whirlpool and recreational building.>/li>

D. UNIT BOUNDARIES Each unit, which term as useclin this subparagraph concerning boundaries, shall include the space and those improvements lying within the vertical and horizontal boundaries as established by the condo­minium plat as set forth in Exhibit “B,” which, by way of illustration and clarification, shall be as follows:

1. Roofs are within the boundaries of a unit and there­fore are a part of the unit, and are not common ele­ments.
2. Exterior Doors and Windows are declared to be within the boundaries of a unit and are, therefore, a part of the unit, and are not common elements.
3. Air Conditioning Units, including compressors, air handling units and air ducts are within the boundaries of a unit, and are, therefore, a part of the unit, and are not common elements.
4. Party Walls. Units which are joined to other units by virtue of a party wall, shall include as a part of the unit, to the centerline of the party wall.
5. Land Area located within the unit boundaries as established by the condominium plat, even though not occupied by building improvements, is a part of each unit and, therefore, not a common element.
6. Air Space surrounding a unit and being located within the boundaries of a unit, as set forth on the attached Exhibit “B,” shall likewise, be considered part of a unit and not a common element: however, all air space not within the boundaries of a unit, lying within and over the boundaries of the condominum property extended vertically, ad infinitum, is hereby declared to be a common element.

E. COMMON ELEMENTS. There shall be appurtenant to each of the units, equal ownership of the common elements. The common elements include the land and all other parts of the condominium property not within a unit, unless otherwise provided herein.

1. Automobile Parking Spaces In the event particular driveways or parking areas are assigned to particular units, then said areas shall be declared to be limited common elements, and shall be so indicated on Exhibit “B”; however, in the event driveways or parking areas are not assigned to particular units, but are merely made avail­able for the unit owners on an unassigned basis, then said areas are are hereby declared to be common elements.
2. Courtyards/Patios are Limited Common Elements reserved for the exclusive use of the particular unit to which they are appurtenant, and are not located within the boundaries of a unit, and are so indicated on Exhibit “B”. Developer reserves the right to alter or modify the size or shape of any such courtyard/patio as located on the plat.
3. Easements as may be necessary through units for con­duits, ducts, plumbing, wiring and other facilities for the furnishing of utility services to more than one unit or to the common elements, are hereby declared to be common elements.
4. Utilitv Services The property and installations in connection therewith, acquired for the furnishing of services to more than one unit or to the common ele­ments, are hereby declared to be common elements.

The percentage of ownership and the undivided shares of the respective condominium units in the common elements, and the manner of sharing expenses and owning common surplus, shall be divided equally among the unit owners with each unit owner owning and sharing an undivided 1/38th interest therein; provided,
however, all units owned by the Developer and offered for sale are excused from the payment of the share of the com:non expenses and assessments related thereto for the period commencing on. the date of recordation and ending December 31, 1988, or until 901 of the total units (34) have been conveyed, whichever occurs first. During this period of time, the Developer guarantees each owner that the assessment for common expenses of the condominium pro­perty imposed upon the unit owners will not increase over the sum of $95.35 per month, and Developer hereby obligates itself to pay any amount of the common expenses incurred during that period and not produced by the assessments at the guaranteed level receivable from other unit owners.

PAYMENT Common expenses shall include expenses of operation, maintenance, repair or replacement of the common elements, costs of carrying out the power and the duties of the Association, and any other expenses designated as common expenses by this Declaration, the Bylaws, or Chapter 718, Florida Statutes.

Funds for the payment of the common expenses shall be assessed against unit owners in the proportions of sharing common expenses as provided in this Declaration. The common surplus shall be owned by unit owners in the shares as provided by this Declaration.

A. BY THE ASSOCATION The responsibility of the Association shall be as follows:

1. To maintain all exterior portions of a unit, and the Association may assess each unit for the cost of maintenance or may include same in the budget of the Association and thereby allocate the cost to all units.
2. To maintain, repair and replace all common and limited common elements, however, maintenance, repair and replacement of the courtyard/patio area shall be the responsibility of the unit owner having exclusive use thereof.
3. To maintain, repair and replace all conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility services contained in the portions of a unit maintained by the Association and all such facillties contained within a unit that services part or parts of the condominium pro­perty other than the unit within which contained.
4. The Association, its agents or employees, shall have the irrevocable right to have access to each unit from time to time at reasonable hours as may be necessary for the maintenance; repair or repla­cement of any common elements therein, or for making emergency repairs therein necessary to prevent damage to the common elements, or to other units, and for the purpose of carrying out the pro­-visions referred to in sub-paragraphs 1, 2 and 3 hereof.

B. BY THE UNIT OWNER The responsibility of the Association shall be as follows:

1. To maintain, repair and replace at his own expense, all portions of his unit, except he shall not be required to maintain the portions to be maintained by the Association, such to be done without disturbing the rights of other unit owners.
2. To maintain, repair and replace all portions of the courtyard/patio area serving his unit.
3. To promptly report to the Association any defect or need for repair for which the Association is responsible.
4. Not to make any alterations in the portions of the improvements of the condominium which are to be maintained by the Association, or remove any portion thereof to make any addition thereto, or to do any work which would jeopardize the safety or soundness of the unit, or impair any easement.

C. ENFORCEMENT OF MAINTENANCE In the event the owner of a unit fails to maintain it as required above, the Association or any other unit owner shall have the right to proceed in a court of equity to seek compliance with the foregoing provisions, and shall be entitled to recover court costs and reasonable attorneys’ fees: or the Association shall have the right to assess the unit owner and the unit for the necessary sums to make necessary improvements or corrections. After such assessment, the Association shall have the right for its agents or employees to enter a unit and to do the necessary work to enforce compliance with the above provisions, and shall be entitled to a lien in the amount of the assessment if not paid when rendered, together with court costs and reasonable attorneys’ fees and interest thereon at a rate of 18% per annum.

The making and collection of assessments against unit owners for the common expense shall be pursuant to the Bylaws and this Declaration and subject to the following provisions:

A. SHARE OF COMMON EXPENSES Each unit owner shall share in the common expenses and in the common surplus equally, except as provided in Paragraph IV hereof, pertaining to units owned by the Developer.

B. INTEREST, APPLICATION OF PAYMENTS Assessments and installments on such assessments 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 eighteen percent (18%) per annum from the date when due until paid. All payments upon account shall be first credited to interest and then to the assessment payments first due.

C. LIEN FOR ASSESSMENTS The Association shall have a lien on each condominium unit for any unpaid assessment and interest thereon against the owner of such condominium parcel until paid. No such lien shall continue for a longer period than one (1) year after the claim of lien has been recorded, unless within that time an action to enforce the lien is commenced in a court of competent jurisdiction. The claim of lien shall secure all unpaid assessments, interest, costs and attorney’s fee which are due and which may accrue subsequent to the recording of the claim of lien and prior to entry of a final judgment of foreclosure. Such lien shall be executed and recorded in the Public Records of Sarasota County, Florida, and perfected as provided by Section 718.116(4) Florida Statutes. The foreclosure of the lien for assessments shall be foreclosed in the same manner as a mortgage on real property, and the institution of a foreclosure proceeding shall be brought in the name of the Association.

1. The liability for assessments may not be avoided by waiver of the use or enjoyment of any common element, or the abandonment of thee unit for which the assessment is made.
2. In a sale or conveyance of a unit, the grantee shall be Jointly and severally liable with the grantor for all unpaid assessments against the latter for his share of the common expenses up to the time of such sale or conveyance.

The operation of the condominium shall be by CENTER GATE ESTATES VILLAGE CONDOMINIUM ASSOCIATION, SECTION VII, INC., a corporation not for profit, under the Laws of Florida, a copy of the Articles of Incorporation of the Association being attached hereto is Exhibit “C.”

A. POWERS No unit owner, except an officer of the Association shall have any authority to act for the Association. The powers and duties of the Association shall include those set forth in the Articles of Incorporation and Bylaws, which are referred to herein and attached hereto, this Declaration, and Chapter 718, Florida Statutes, and in addition thereto, the Association shall have the power to make and collect assessments and to lease, maintain, repair and replace the common elements and prescribe such house rules as it shall, from time to time, consider essential.

B. LlMlTATlON UPON LIABILITY OF ASSOCIATION Notwithstanding the duty of the association to maintain replace end repair parts of the condominium property, the Association shall not be liable to unit owners for injury or damage (other than the cost of maintenance, replacement and repair) caused by a latent condition of the property to be maintained, replaced and repaired by the Association, or caused by the elements or other owners or persons.

A. AUTHORITY TO PURCHASE All insurance policies upon the condominium property (except title insurance and as hereinafter allowed) shall be purchased by the Association for the benefit of unit owners and their respective mortgagees as their interests may appear, and shall provide for the issuance of certificate of mortgage endorsements to the holders of first mortgages on the units or any of them, end if insurance companies will agree, shall provide that the insurer waives its rights of subrogation as to any claims against unit owners, the Association, and their respective servants, agents and guest.

B. UNIT OWNERS Each unit owner may obtain insurance, at his own expense, affording coverage upon his personal property and for his personal property, and as may be required by law, but all such insurance shall contain the same waiver of subrogation as that referred to in sub-paragraph A above. (if the same is available).

C. COVERAGE

1. Casualty. The structures and all improvements upon the land all personal property included within the con­ dominium property, except such personal property as may be owned by the unit owners, shall be insured in an amount equal to the maximum insurable replacement value thereof (excluaive of excavation and foundations) as determined annually by the insurance company affording such coverage. All hazard policies issued to protect condominium buildings shall provide that the word “building,” wherever used in the policy, shall include, but shall not necessarily be limited to fixtures, installations or additions comprising that part of the building within the unfinished interior surfaces of the perimeter walls, floors and ceilings of the individual units initially installed in accordance with the origi­nal plans and specifications. However, the word “building” does not include floor coverings, wall coverings, or ceiling coverings. With respect to the coverage provided for by this paragraph, the unit owners shall be considered additional insureds under the policy. Such coverage shall afford protection against:
   (a) Loss or damage by fire and other hazards covered by the standard extended coverage endorsement.
   (b) Such other risks, as from time to time become customary, shall be covered with respect to structures similar in construction, location and use, including, but not limited to van­dalism, malicious mischief, windstorm and water damage.
2. Public Liability. Public liability and property damage in such amounts and in such forms as shall be required by the Association, including but not limiting the same to water damage, legal liability, hired automo­bile and off-premises employee and agent coverage.
3. Cross Liability Endorsements. All liability insurance shall contain cross-liability endorsements to cover liability of the unit owners as a group to a unit owner.

D. PREMIUMS Premiums upon insurance policies purchased by the Association shall be paid by the Association and charged as common expense.

E. PROCEEDS All insurance policies purchased by the Association shall be for the benefit of the Association and the unit owners and their mortgagees, as their respective interests may appear, and shall provide that all proceeds payable as a result of casualty losses shall be paid to the Association. The Association shall hold such proceeds for the benefit of the Association, the unit owners. and their respective mortgagees, in the following shares:

1. Common Elements. Proceeds on account of damage to common elements – that undivided share for each unit owner and his mortgagee, if any, which is set forth as the unit owner’s share as stated in this Declaration.
2. Units. Proceeds on account of units shall be held in the following undivided shares:
(a) Partial destruction when the unit is to be restored – for the owners of damaged units in proportion to the costs of repairing the damage suffered by each damaged unit.
(b) Total destruction of a unit, or where the unit is not to be restored – for all unit owners, the share of each being that share equal to an amount which the last annual valuation of each unit in accordance with sub-paragraph C-1 hereof, bears to the total valuation of all such units.
3. Mortgagees. In the event a mortgages endorsement has been issued as to a unit, the share of the unit owner shall be held for the mortgagee and the unit owner as their interests may appear, but nothing herein contained shall be construed so as to give any mortgagee the right to determine or participate in the determination of reconstruction or repair.

F. DISTRIBUTION OF PROCEEDS Proceeds of insurance policies received by the Association shall be distributed to or for the benefit of the beneficial unit owners in the following manner:

1. Reconstruction or Repair. If the damage for which the proceeds were paid is to be repaired or reconstruc­ted, the 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 unit owners; all remittance to unit owners and their mortgagees being payable jointly to them. This is a covenant for the benefit of any mortgagee of a unit and may be enforced by it.
2. 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 repaired or reconstructed, the proceeds shall be distributed to the beneficial unit owners, remittances to unit owners and their mortgagees being payable jointly to them. This is a covenant for the benefit of any mortgagee of a unit and may be enforced by it.

A. DAMAGE TO CONDOMINIUM PROPERTY If any part of the condominium property shall be damaged by casualty, the determination of whether or not to reconstruct or repair the same shall be made as follows:

1. Partial Destruction (which shall be deemed to mean destruction which does not render one-half (1/2) or more of the units untenantable) shall be reconstructed or repaired unless this Declaration is terminated at a meeting of the member of the Association which shall be called prior to commencement of such reconstruction or repair.
2. Total Destruction (which shall be deemed to mean destruction which does render one-ha1f (1/2) or more of the units untenantable) shall not be reconstructed or repaired unless at a meeting which shall be called within (90) days after the occurrence of the causality, or if by such date the insurance loss has not been finally adjusted, then within thirty (30) days thereafter, seventy-five percent (75%) of the unit owners vote in favor of such reconstruction or repair.
3. Such Reconstruction or repair shall be substantially the same as the original construction.
4. Encroachments upon or in favor of units which may be created as a result of such reconstruction or repair shall not constitute a claim or basis of a proceeding or action by the unit owner upon whose property such encroachment exists, provided that such reconstruction was either substantially in accordance with the plans and specifications or as the unit or structures were originally constructed. Such encroachments shall be allowed to continue in existence for so long as the units or structures exist.
5. Damage to One Unit. If the damage is only to those parts of one (1) unit which the responsibility of replacement or repair is that of the unit owner, then the unit owner shall be responsible for supervising reconstruction and repair after casualty. In all other instances, the responsibility of reconstruction and repair after casualty shall be that of the Association as follows:
6. Estimate of Costs. Immediately after a casualty causing damage to property for which the Association has the responsibility of reconstructing, and repairing, the Association shall obtain reliable and detailed estimates of the cost to place the damaged property in condition as good as that before the casualty. Such costs may include professional fees and premiums for such bonds as the Board of Directors desire.
7. Assessments. If the proceeds are not sufficient to defray the estimated cost of reconstruction and repair by the Association (including the aforesaid fees and premiums, if any), assessments shall be made against the unit owners who own the damaged property in sufficient amounts to provide funds to pay the estimated cost. If, at any time during the reconstruction and repair, the funds for the payment of the costs thereof are insufficient, assessments shall be made against the unit owners who own the property in sufficient amounts to provide funds for the payment of such cost.

B. INSURANCE ADJUSTMENTS Each unit owner shall be deemed to have delegated to the Board of Directors of the Association his right to adjust with insurance companies all losses under policies purchased by the Association, except in any case where damage is restricted to one (1) unit.

The use of the condominium property shall be in accordance with the following provisions as long as the condominium exists:

(a) All condominium units shall be and remain of like exterior design, shape, color and appearence as other condominium units of the same class or type. No owner shall alter or modify the size, shape, color or structure of any exterior surface of their unit, including entrance doors, windows, shutters, screens, porches or balconies, nor improve, plant, replant or replace any trees, bushes or sod, or remove fill dirt, without obtaining prior written consent of the Developer (so lang as it is managing the condominium) and the Association.
(b) Occupants of condominium units shall not suffer, permit or maintain in their premises loud noises, obnoxious odors, nor interfere with the rights of other unit owners, or annoy them by unreasonable noises.
(c) Each condominium shall be used exclusively as a residen­tial dwelling, and no business or trade shall be permitted to be conducted thereon or therein.
(d) No person under 18 years of age shall reside in any condominium longer than thirty (30) days in any calendar year.
(e) No animals of any kind shall be raised, bred, or kept in the Common Elements. Any pets causing or creating a nuisance or unreasonable disturbance shall be permanently removed from the Condominium Property upon three (3) days notice from the Association to the Owner of the unit containing the pet. No pet shall exceed thirty (30) pounds. Exceptions will be made in the case of a handicapped owner who has a seeing eye dog or a “hearing” dog. Any pet shall be promptly removed from the Condominium if required by the Association.
(f) The occupants and owners of each unit shall keep and obey all laws, ordinances, regulations, requirements and rules of all governmental bodies, divisions or sub­divisions, insofar as the same pertain to the control or use of such unit, and shall promptly pay each unit’s share of all common expenses.
(g) No condominium parcel or unit shall be divided or subdivided or severed from realty, and no structural alterations or changes shall be made within said unit without prior approval on the Board of Directors of the Associations.
(h) Each unit owner, lessee or occupant, shall maintain at all times in good condition and repair the portions of the unit that are the responsibility of the unit owner, including but not limited to, porches, interior walls, floors, ceilings, water, electric and plumbing systems and parts and components thereof, sanitary facilities, fixtures, equipment and lamps, provided, however, the Association shall, on of all unit owners be responsible for painting and/or cleaning of the exterior walls and roof surfaces, and for maintaining the land areas. The phrase “electric system” in this paragraph shall be construed as referring to those items of electrical conduits, wire, switches, fixtures and equip­ment located within the unit or on the unit side of the electric meter servicing said unit, but not including the meter itself. The phrase “plumbing system” in this paragraph shall be construed to mean all plumbing items from the trunk line connection to the unit or in the unit itself
(i) No lighting fixtures, wires, antennas of any type, air conditioners, aerials or structures of any sort shall be erected, constructed or maintained on the exterior of the building, except for the structures that form a part of the original structure.
(j) No wire, clothes lines, hangers or drying facilities nor any garbage or refuse receptacles shall be permitted or maintained on the exterior of any unit, or in or on any part of the common elements, except by the Association, and no clothes, rugs, drapes, spreads or house­hold articles or goods of any sort shall be dried, aired, beaten, cleaned or dusted by hanging or extending the same from any window or door.
(k) No unit shall be the subject partition in kind, and all unit owners do, by their acceptance of a conveyance of such unit, waive any right to partition in kind.
(l) No electric machine or apparatus of any sort shall be used or maintained in any unit which causes interference with the television reception in other units.
(m) No unit owner shall permit or suffer anything to be done or kept in his unit which will increase insurance rates on his unit or on the common property.
(n) No unit owner shall commit or permit any nuisance, immoral or illegal act in his unit, or in or on the common elements.
(o) All signs of any type shall be maintained, kept or permitted on any part of the common elements, or in or on any unit where the same may be viewed from the common elements, except for those signs specifically approved in writing by the Association.
(p) All guests of the Owner shall comply with all of the “use restrictions” in Paragragh X hereof, and with all rules and regulations hereinafter promulgated by the Association. Any guess who persistently violates these restrictions, house rules and use regulations may, at the direction of the Association, be required to leave the condominium property and the owner of such unit being occupied by such guess shall be held responsible for any damage to the common elements committed by such guess, and shall see that such guess complies with such rules and regulations. In no event shall any two (2) bedroom unit be occupied on a regular basis by more than four (4) persons, including unit owners and their guess.
(q) Boats and canoes are prohibited from being parked on any driveway, Common Eements. There should be no parking of trailers, motor homes, pickup trucks, trucks, vans with commercial language on the exterior on commercial advertising on the exterior or dilapidated or junked vehicles shall be parked on any driveway, Common Elements or Limited Common Element. Parking is prohibited on the street or any grassy or landscaped area.
(r) Garage doors shall be closed except for ingress and egress vehicles.
(s) Conversation of a garage to any residential use such as, but no limited to, a family room, game room, play room or any type of living area is prohibited. The use of the garage is strictly limited to the customary use of a garage.
(t) Enclosing the screened porch located within the condominium unit is permitted as long as the enclosure inside screening. The screening must be left in place.
(u) Unit owners may be permitted to screen their courtyards upon obtaining prior written permission from the Board of Directors of the Association. The Board of Directors shall have the authority to approve the materials and design to be used for the enclosure. The maintenance, repair and replacement of any screen enclosure shall be the responsibility on the unit owner.
(v) All children under the age of eighteen (18) years must be accompanied by an adult to any recreational facility.
(w) The occupants of units shall abide by all Bylaws and all Rules and Regulations promulgated bt the Association concerning occupancy and use of the condominium units, and common elements and areas.
(x) Reasonable regulations concerning the use of condominium property may be made and amended from time to time by the Association in the manner provided by its Articles of Incorporation and Bylaws; a copy of such regulations and amendments shall be furnished by the Association to all residents of the condominium, upon request.

Should any foregoing restrictions or any other provi­sion of the Declaration or the Bylaws be violated, any unit owner or acting on behalf of the unit owners, as a class, shall have the right to institute suit in any court of competent jurisdiction to enjoin further violations and to obtain money damages for past violations, and the prevailing party shall be entitled to court cost and reasonable attorney’s fees for enforcing this Declaration and/or Bylaws.

Owners of units shall have as an appurtenance thereto a perpetual easement of ingress and egress to and from their units over the common elements; all condominium property shall be subject to perpetual easementsfor encroachments presently existing or which may hereafter be caused by settlement or movement of the structures or minor inaccuracies in construction, which encroachments shall be permitted to remain undisturbed and such easements shall continue until such encroachments no longer exist.

Developer proposes to create additional and seperate condominiums on land adjacent to this condominium property to be known and identified as “CENTER GATE ESTATES VILLAGE CONDOMINIUM, SECTION VIII” and “CENTER GATE ESTATES VILLAGE CONDOMINIUM, SECTION IX”; such additional and separate condominiums are hereby granted non-exclusive vehicular and pedestrian easements for ingress and egress to nearby public streets over and across the private streets of this condominium; likewise, this condominium shall have similar reciprocal easements over all private streets within such separate and additional condominiums.

Each condominium unit shall be entitled to one (1) vote at meetings of the Association. In the event of joint ownership of a condominium unit, the vote to which that unit is entitled, shall be exercised by one (1) of such joint owners by written agreement of the remainder of joint owners.

As long as the Developer holds units for sale in the ordinary course of business, none of the following actions may be taken without approval in writing by the Developer; (1) Assessment of the Developer as a unit owner for capital improvements; (2) Any action by the Association that would be detrimental to the sale of units by the Developer. Neither the unit owners or the Associayion shall interfere with the completion of the contemplated improvements and the sale of units, and Developer may make such use of the unsold units and common elements as may facilitate such completion and sale.

The Developer hereby reserves unto itself, its successors and assigns, the right and authority to appoint the members of the Board of Directors of the Association; provided, however; (1) when unit owners other than the Developer own fifteen percent (15%) or more of the units 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 Directors of the Association;

(2) unit owners other than the Developer shall be entitled to elect not less than a majority of the members of the Board of Directors of the Association three (3) years after fifty percent (50%) of the units that will be operated ultimately by the Association have been conveyed to purchasers; three (3) months after ninety percent (90%) of the units that will be operated ultimately by the Association have been conveyed to the Purchasers; when all the units than will be operated ultimately by the Association have been completed and 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 business; or when some of the units have been conveyed to purchasers and none of the others are being constructed or offered for sale by the Developer in the ordinary course of business, whichever shall first occur.

The Developer is entitled to elect at least one (1) member of the Board of Directors of the Association as long as the developer holds for sale in the ordinary course of business at least five (5%) percent of the units to be operated by the Association.

A. Notwithstanding any provisions of this Declaration, the written consent of the institutional mortgagees (federal savings and loan association, banks or insurance companies) holding first mortgages upon any of the units, or upon the Condominium, shall be first obtained prior to:

1. The reconstruction of the unit or condominium improvements after substantial destruction thereof.
2. The subdivision of any unit.
3. Any changes in the percentage of ownership of the common elements or common surplus.
4. Termination of the condominium hereby created.

B. Where the Mortgagee of a first mortgage of record or other Purchaser of a condominium unit obtains title to the condominium parcel as a result of a foreclosure of a first mortgage or of a deed given in lieu of foreclosure, such acquirer of title, the successors or assigns shall not be liable for the share of common expenses or assessments by the Association pertaining to such condominium parcel or chargeable to the former unit owner of such parcel which became due prior to the acquisition of title as a result of the foreclosure, or deed in lieu of foreclosure, unless such share is secured by a claim of lien for assessments that is recorded prior to the recording of the foreclosed mortgage.

Such unpaid share of the common expenses or assessments shall be deemed to be common expenses collectable from all of the unit owners, including such acquirer, his successors or assigns.

A first mortgagee acquiring title to a condominium parcel as a result of foreclosure or a deed in lieu thereof, may not, during the period of its ownership of such parcel, whether or not such parcel is unoccupied, be excused from the payment of some or all of the common expenses coming due during the period of such ownership.