DonM17 (Florida)
Posts: 9
Posts: 9
Posted:
Some in the community feel this is still in effect and could possibly be used to screen potential owners or leases.
Seems to me that the Declarant was the builder, and is no longer in effect. Where do we go from here.
Thanks in advance
DECLARATION OF COVENANTS AND RESTRICTIONS
AND PARTY FACILITIES
OF
XXXXXXXXX OF XXXXXXXXX
THIS DECLARATION OF COVENANTS AND RESTRICTIONS AND PARTY FACILITIES made this 24th day of December, 1987, by XXX, XXX, a Florida Corporation, hereinafter referred to as DECLARANT.
WITNESSETH:
WHEREAS, the DECLARANT, on the date thereof, is the owner of certain real property located in XXXXXXX County, Florida, hereinafter referred to as DEVELOPMENT, more particularly described as follows:
WHEREAS, DECLARANT intends to convey the said real property, subject to certain protective covenants, conditions, restrictions, reservations, liens and charqes as hereinafter set forth,
NOW, THEREFORE, DECLARANT hereby declares that all of the real property as hereinabove described shall be held, sold, conveyed, leased, mortgaged and otherwise dealt with subject to those easements, covenants, conditions, restrictions, reservations, liens and charges as hereinafter set forth, all of which are for the purpose of enhancing and protectinq the value, desirability and attractiveness of the Development. These easements, covenants, conditions, restrictions, reservations, liens and charges shall run with the real property and shall be binding upon all parties having and/or acquirinq any right, title or interest in the Development or any part thereof, and shall inure to the benefit of each and every person or entity, from time to time, owning or holding an interest in the real property.
1.8 Declarant shall mean and refer to xxx xxxxxxx, Inc., a Florida Corporation, the Developer of the Development and shall include where applicable its successors and/or assigns. As these terms are used herein and as these terms are used in the Articles of Incorporation of xxxxxx of xxxxxxxxx Property Owners Association, Inc., and the By-Laws of xxxxxxxx xxxxxxxof xxxxxxxxx Property Owners Association, Inc., the term Declarant shall mean and refer to the Developer, and the term Developer shall mean and refer to the Declarant
10.5 Rights of Declarant to Sell or Lease Dwelling Units. So long as Declarant, or any mortgagee succeeding Declarant in title, shall own any Dwelling Unit, it shall have the absolute right to lease or sell any such Dwelling Unit to any person, firm or corporation, upon any terms and conditions as it shall deem to be in its own best interest, and as to the lease or sale of such Dwelling Unit, the right of the first refusal and any right of redemption herein granted to the Association shall not be operative or effective in any manner.
Seems to me that the Declarant was the builder, and is no longer in effect. Where do we go from here.
Thanks in advance
DECLARATION OF COVENANTS AND RESTRICTIONS
AND PARTY FACILITIES
OF
XXXXXXXXX OF XXXXXXXXX
THIS DECLARATION OF COVENANTS AND RESTRICTIONS AND PARTY FACILITIES made this 24th day of December, 1987, by XXX, XXX, a Florida Corporation, hereinafter referred to as DECLARANT.
WITNESSETH:
WHEREAS, the DECLARANT, on the date thereof, is the owner of certain real property located in XXXXXXX County, Florida, hereinafter referred to as DEVELOPMENT, more particularly described as follows:
WHEREAS, DECLARANT intends to convey the said real property, subject to certain protective covenants, conditions, restrictions, reservations, liens and charqes as hereinafter set forth,
NOW, THEREFORE, DECLARANT hereby declares that all of the real property as hereinabove described shall be held, sold, conveyed, leased, mortgaged and otherwise dealt with subject to those easements, covenants, conditions, restrictions, reservations, liens and charges as hereinafter set forth, all of which are for the purpose of enhancing and protectinq the value, desirability and attractiveness of the Development. These easements, covenants, conditions, restrictions, reservations, liens and charges shall run with the real property and shall be binding upon all parties having and/or acquirinq any right, title or interest in the Development or any part thereof, and shall inure to the benefit of each and every person or entity, from time to time, owning or holding an interest in the real property.
1.8 Declarant shall mean and refer to xxx xxxxxxx, Inc., a Florida Corporation, the Developer of the Development and shall include where applicable its successors and/or assigns. As these terms are used herein and as these terms are used in the Articles of Incorporation of xxxxxx of xxxxxxxxx Property Owners Association, Inc., and the By-Laws of xxxxxxxx xxxxxxxof xxxxxxxxx Property Owners Association, Inc., the term Declarant shall mean and refer to the Developer, and the term Developer shall mean and refer to the Declarant
10.5 Rights of Declarant to Sell or Lease Dwelling Units. So long as Declarant, or any mortgagee succeeding Declarant in title, shall own any Dwelling Unit, it shall have the absolute right to lease or sell any such Dwelling Unit to any person, firm or corporation, upon any terms and conditions as it shall deem to be in its own best interest, and as to the lease or sale of such Dwelling Unit, the right of the first refusal and any right of redemption herein granted to the Association shall not be operative or effective in any manner.