!i "! CORAL Bj ,~l '" " -'( ;"! DECLARA\ I " J THIS DECLARATION is a.AHAMA ISLANDS 1968 whereby CORAL BEACH LIMI~ laws of the Bahama Island and GRAND MHNlA City of Freeport in the Islan~ Bahama Islanels, (hereillafter c ! DOTH DECLARE I """" I 1. That the property mol' hereof (which together with th Dated: 31st of December, 1968. hereinafter called "the said p ment of this Declaration for r the Bahama Islands be a oond~ law of Property and Conveyandi: called "the Act") under the st: Hotel to which the provisions 4 DECLARATION OF CONDOMINIUM be subject to the terms and COl 2. That the Declarant il limple in possession of the lal BY intends by virtue of this Deol. visions of the Act.
3. That the said proper~ CORAL IlEACH LIMITED Apartment Hotel" consists of Al land being Lots Number Thirty·a Sea Fan Lane in Lucayan Beach W Coast of the Island of Grand .. 4. That the Declarant pro a seven storey building oompril seven storey building comprilin Coral Beach Apartment Hotel, units, a seven storey buildinf Freeport, Grand Bahama. units, a three storey buildinf and a seven storey building oom (hereinafter called ,"the Build! constructed principally of 1'l1n JI , jJ with an exterior stucoo finilh be primarily constructed of tiv concrete base. 5. That the proposed draw Buildin9s (hereinafter called U location, desi9nation and apprO unit are annexed hereto (ann.xu 6. That a Certificate by said plana are accurate oopi•• Buildings which have been apprO Government of the Bahama Illand
1 I
1· 1 1 .\ CORAL !fACH APARTMENT HOTEL DECLARATION OF CONDOMINIUM
THIS DECLARATION is made the 31st day of December, A.D., 1968 Whereby CORAL BEACH LIMITE~, a company incorporated under the laws of the Bahama Island and baving its registered office in.the City of Freeport in the Island of Grand Bahama, one of the·said Bahama Islands, (hereinafter called "the Declarant").
DOTH DECLARE I 1. That the property more particularly described in clause 3 hereof (which together with the buildings to be erected thereon is 1968. hereinafter called "the said property") shall from the date of lodg ment of this Declaration for record in the Registry of Records of the Bahama Islands be a cond~inium property in accordance with the law of Property and Conveyancing (Condominium) Act, 1965 (hereinafter called "the Act") under the style or name of Coral Beach Apartment tUM Hotel to which the provisions of the Act shall apply and which shall be subject to the terms and conditions hereinafter set forth. "i' 2. That the Declarant is the legal and equitable owner in fee simple in possession of the said property free from encumbranees and intends by virtue of this Declaration to subject the same to the pro ~Ji~ visions of the Act. r.,..~ ·..,·..•. 3. That the said property to be henceforth known as "Coral Beach t~' Apartment Hotel" consists of All those pieoes, parcels or lots of land being Lots Number Thirty-one (31) Coral Road and thirty-two (32) Sea Fan Lane in L~cayan Beach West S~bdivision situate on the Southern Coast of the Island of Grand Bahama. 4. That the Declarant proposes to construct on the said property ~..\"\ '~ a seven storey building comprising eighty-two (82) apartment units, a seven storey building comprising one hundred and one (101) apartment el, units, a seven storey building comprising seventy-six (76) apartment units, a three storey building comprising twelve (12) apartment units P'I and a seven storey building comprisinq sixty-seven (67) apartment units (hereinafter called "the Buildings") and that the Buildings are to be constructed principally of reinforoed concrete and concrete blocks with an exterior st~cco finish and the roofs of the Buildings are to be primarily constructed of five ply tar and gravel built up on a ~ l~·I.·"t concrete base. 5. That the proposed drawings, plans and elevations of the 1. Buildings (hereinafter called "the said plans") showinq the layout, location, designation and approximate dimensions of eaoh apartment ',,' unit ~re annexed hereto (annexure "A-). ~,;: G~~.o. 6. That a Certificate by Harold J. Goldman, A.I.A., that the said plans are aCcurate copies of the drawings and plans of the Buildings which have been approved by the Ministry of Works of the ~ Govern~nt of the Bahama Islands is annexed hereto (annexure -a-), t' ·~lJ ~..
{,or .,',0~ .' .' '~·.:··I··?.·.1" ~' o.~ ~~~.'. } 7. That upon completion of each Building the Declarant will, 12. That those portions of t pursuant to section 5(2) of The Act lodge for record in the Registry within the boundaries of an apart of Records a further Certificate by the said Ilarold J. Goldman that and are hereinafter referred to a the said plans accurately depict such Building as erected and completed. shall apply thereto: (a) The oommon propert: e. That the a?ar~~ent units comprising the Buildings shall be n~~~ered from 1101 to 4613 as indicated on the said plans and each owners for the til'll' such apart~ent unit shall have the number assigned to it on the said as tenants in oomm plans; that each apartment unit shall have the location shape, proportions set 01:1' approximate floor area, dimensions and boundaries shown on the said plans; that eaoh apartment unit shall have the balconies, terraces, (b) The common propertl patios, garages, and other structures or areas assigned to it on the be held for the jOl said plans that (in order to remove any doubt) the boundary of any such owners of apa~tment interests herein l1li apart~ent unit which is shown on the said plans as being a floor, wall, ceiling, door or Idndow shall be in acoordanoe with (a) in the case of a door or window, the exterior (c) No undivided share surface thereof, of in any way excep I unit to whioh it re (b) in the case of a wall, a line drawn vertically charge or other dis through such wall midway between its external and operate also to al' internal surfacel dispose of its appu property without ex; (c) in the case of a floor or ceiling, a line drawn I (d) The undivided share, hori20ntally through such floor or ceiling midway I between its external and internal surface notwith divided shall not bl standing that in the case of a ceiling its external consent of all the • surface may constitute the floor of another apartment Which shall be giver unit or in the case of a floor that its external directors of the Mit surface may constitute ..the ceiling of another apart Clause 17 hereof). nent unit. PROVIDED that the Declarant may combine any two studio apartments to form a one-bedroom 13. That the undivided share c I apart::lent, anyone-bedroom apartment unit with an p;operty is herein referred to a. b adjacent $tudio apartment unit to form a two-bedroom oUlated by taking the approximate p apar~~ent unit and anyone-bedroom apartment unit with Of the unit at the date hereof b••r two adjacent studio apartment units to form a three of all the units taken together. I bedroom apartment unit. 14. That in addition to the ••
!I I 12. That those portions of the said property which do not fall the Declarant will, within the boundaries of an apartment unit shall be common property ecord in the Registry and are hereinafter referred to as such, and the following provisions rold J. Goldman that shall apply thereto: as erected and completed. (a) ~he common property shall be vested in the various e Buildings shall be owners for the time being of all the apartment units said plans and each as tenants in common in undivided shares in the ned to it on the said proportions set out in the First Schedule hereto. location shape, ies shown on the said (h) ~he common property shall (subject to Clause 16 hereof) e balconies, terraces, be held for the joint use and enjoyment of all the assigned to it on the owners of apar~nt units for the time being and their the boundary of any such interests herein may only be dealt with or disposed of s as being a floor, in accordance with section 22 of the Act. (cl No undivided share in the common property may be disposed , the exterior of in any way except as appurtenant to the apartment unit to which it relates and any assurance mortgage rawn vertically charge or other disposition of an apartment unit shall n its external and operate also to assure mortgage charge or otberwise dispose of its appurt~nant undivided share in the common property without express reference thereto. ng, a line drawn (d) Tbe undivided sbares into wbich the common property ia or ceiling midway divided shall not be varied without the unanimous 81 surface notwith ceiling its external consent of all the apartment unit bolders affected r of another apartment wbich sball be given in a manner satisfactory to the that its external directors of the Management Company (as to Which see ing of another apart Clause 17 hereof). eelarant may combine 13. That the undivided share of any Unit OWner in the common rm 8 one-bedroom tment unit witn an pl,"operty ill nerein referred to as his "unit entitlement" and is cal to form a two-bedroom culated by taking the approximate proportion that the estimated value oom apartnent unit with of tbe unit at tbe date hereof bears to tbe present estimated value nits to form a three of all the units taken together. 14. That in addition to tbe easements and rights for support, mes referred to as a she1te.r and the provision of services made appurtenant to other Units :he extent of which has and to the common property by the Act, each apartment unit shall from ,s and Clause 8 hereof, the effective date hereof be subject to the conditions and restrictions set out in the Second Schedule hereto. ~bat all the easements, rights, '. an estate in real Ilt with in exactly the objections, conditions and restrictions contained or referred to in this Declaration or in the Articles of Association or Bylaws of the ,trictions and conditions Management Company or in any Deed relating to the Unit and to which the Unit is made subject sball run with and bind the Unit and be enforceable against the owner thereof for the time being by tbe of any apartment unit Management Company and all other Unit OWners. :11 .xpression shall include ',~ - ", nants in common. 15. That Unit OWners for the time being shall be entitled to the . 1 artrnent unit shall be benefit of tbe easements for support, shelter and for provision of II·! then exist on the said services referred to in the Act. ahall, by virtue of 16. ~he car parking areas indicated on tbe said plans shall form ect. part of the common property Provided that the Declarant m4Y at its I, rom the ownership in fee discretion desi9nate any of the eovered car parking spaces coloured n. common property blUe on the said plans for the exclusive use of ·any particular Unit Owner. t : 7. ':';-;a~!:.o e::able the Unit Qy;ners for the time being to manage (a) Maintaining and repairil 2:;::: ::;: e.:."'8 ~e ':::-.<: cC':ldo:ni n. i "J.~:". as an efi ic ient whole and for other including the structure s?eci:.ied in the !'}t:E':Ori3ndul11 tbereof a company has been conduits, ducts, pipes, ':'he es Act under the name Coral Beach wir ing, and other servil ~r:c::::ein rcft~rred to uS the 1Ij.~~n~gcment Buildings or said propel C':;:-.::.~::'"<:,·I) a~::l 6 ~:c,::>ora:)Gum and T~rticlp-s of l\ssociation for this purpose its sel is a~nQxed h~~cto shall have the right to provided (save in an eml 18. ':'hat esch Unit 0\<:1er shall by virtue of his ownership of an made only at reasonable a?art~ent ~nit be entitled as of right to be a member of the notice and any damage CI ~:anJ.~c:7.ent and to hold the number of Class "A" shares therein virtue of such maintenar se~ out n\O:~,ber of his apartment unit in the First by the Nanagement Complll Schedule which shares shall not be transferrable except tC;:2~::':r .vit:!1 t.:--.e as:-art.;;.2nt unit to h'hich they are appurtenant; and (b) Subject to Sections 24 ! t::a:: each ~::it ('Y,·:r:~r for ~\':lose exclusive use a covered parking space Buildings and the said i "'_",s ]::,';:oSn d"sigc,et,:?d ;o,,!:'sL:ant to Clause 16 hereof shall also be thereto to the full rep] -:=:'"tt:'t:l·::d to :--,01d the :~·...l:~.bi~r of Class tlEn sharE:s in the t'ianagem~nt time thereof against f12 CC~';a~1 5?eci!i~d in the First Sct~dul,e hGreto. Public Liability and agl standard in respect of t 19. T::'a:t th~ ::~::<'lg~;"'I'7:!1t s!1all have the follo>ling pOHers tion, size and use or 51 tag.~t!1'3r Hi th t:,ose cor! [(~rJ:(~d by the l,ct, Resolution of the membez without prejudice to th. (a) ~o enforce the conditions and restrictions Ret out insure his own apartment in the SZ::C():10 Sch(~dule hereto in tho event of any for such risks as he ahl ::'~-sa c~ t~:c-r(;-:o:: by any Ul1i t Q\.;ner. (c) Producing on demand to I (b) ?o 0cd"orce by all Unit CMners with the Insurance and the receiF Byla'~'s for Df the said Property and respect thereof. 3uildings. the Third Schedule hereto (as ?':-G~lded from tine to tine by Special Resolution (d) Ensuring that the Common passed by its !lembers in General ~'eetings). and tidy condition and t thereof shall be regular (c) ';:0 establish funds for the and maintenance trees and bushes tended. of the said ?roper~y and Ce) Such other duties as may Ie) 70 :'-;::.:;e (:.:.~;.;;.nd u:)Qn and recover from each 'Unit Owner 14a k by the members of the his ,:-,,-';ltrio;;tlon in r0spect Df co;;-;..-;)on expenses Meeting. 25c~rtaincd in accordance with Clause 22 h~reof and to en~orce any charge in respect of unpaid contribu (f) Maintaining detailed IIml tio!)s .. in chronological order (J arising from its operati (e) fo r':::COver from any Vni t O·,..~ner any snm of ;y,oney Buildings, such account.
j cz~,~:,.ced the ~:ar.a9C:e~IGnt Company for rcptJirs or "Vt'ork authorizing any payment~ , cone by or at its direction in cor.lplying ,dth any tion by any Unit OWner II ::otic", or Order issued by a cO)'r,petent public authDrity accounts duly audited by 1:1 r;c,spGct of cny part of the said Property and rendered to all Unit OWn I 3"i10i:1gs co~.prising tCte "nit of any Unit Olm!?r. I 21. That all expenses incurred by (tl ':'0 operate the said Buildings "nd Property as a hoted connection with the discharge of the cSll either in accordance with an Agreement dated the Tenth hereof and any administrative or oparat 1 cay of February, 1968. and made bet"een The !·:anagement Management Company are hereinafter refa I Co:"?"ny and a co::,pany known as Coral Beach Service which shall include the cost of complyi ,~ CO:7.pa:1Y Li"'ited or (subject thereto) ot;'en~ise. issued by a competent public authority 1 or assessments on the said property ancS 1 20. 7hat in aaaition to the duties i"'pDsed on it by the Act, the Management Company shall be entitled tc 1 ~·:,,:-;a"oS;--.i!'::1t CC:-.,,>:il:Y s;;all (but ,.ithout limiting its responsibility in 1 ar:y ·..ay) be rCcE?or.sible ::or: 1 ~or the tilne being to manage (a) Maintaining and the cot11.c';1on ient whole and for other including the t:he Buildings all thel~eof a coml)any has been conduits, ducts, pipes, cables, drains, plumbing, iler the name Coral Beach wiring, and other service facilities located in the rrlZ:!d to as the "r~~.:lnn.gc~ment Buildings or said or serving the same and and Articles of Association for this purpose servants, agents Or contractors shall have the right to enter any apartment unit provided (save in an such entry shall be virtue of his ownership of an made only at reasonable and upon reasonable to be a member of the notice and any caused to an apartment unit by Gr of Class "An shares therein virtue of such and repair shall be remedied t;r.ent unit in the First by the Hanagement Company at its own expense. be transferrable except ch they are appurtenant; and (b) Subject to Sections 24 and 25 of the Act, insuring the ~ use a covered parking space Buildings and the said property and the 16 hereof shall also be thereto to the full replacement value from sharJ2S in the rlanagernent time thereof against fire, hurricane, sea wave, and hc~reto. Public Liability and against such other risks as are standard in respect of buildings similar in construc ;,11 have the following pov/ers tion, size and use or as may be prescribed by a Special y the ',ct: Resolution of the members of t~e 11anagement Company without prejudice to the right of any Unit OWner to s and restrictions set out insure his own apartment unit or the contents thereof <,'reto in r,he event of any for such risks as he shall think fit. Lt O\',.'I1sr. (c) producing on demand all Unit Owners with the Insurance and the any premium in of the said Property and respect thereof. the Third Schedule hereto Resolution Cd) Ensuring that the Common Property is kept in a clean and tidy condition and that any lawns comprising part thereof shall be regularly cut, flowerbeds weeded and .'~ l~ and maintenance trees and bushes tended. ) { (e) Such other duties as may from time to time be prescribed I'CI.:'DYer from each Unit Q\..rner by the members of the Hanagement company in General q'cl:. of C·O:;'I..,,\lon expenses Meeting. ',. with Clause 22 hereof and respect of unpaid contribu If) Maintaining detailed and accurate accounts and receipts in chronological order of the receipts and expenditures arising from its operation of the said property and Buildings, such accounts and records and any vouchers work authorizing any payments shall be available for inspec tion by any Unit Owner at all reasonable times and 'i" a accounts duly audited by a qualified auditor shall be 'f ",he said Property and rendered to all Unit OWners at least once in every year. ,,'nit of any unit Owner. 21. That all expenses incurred by the Management Company in .,' llgS .;nd Property as a hotel connection with the discharge of the duties referred to in Clause 20 II ,.In dated the Tenth hereof and any administrative or operational costs incurred by the 11l.l bet\'\'een rrhe l·tanagement Management Company are hereinafter referred to as "common It ,\<.'n as Coral Beach Service which shall include the cost of complying with any Notice or ,·,·t thereto) other-wise. issued by a competent public authority and any rates, charges, taxes or assessments on the said property and Buildings as a whole and the , ;",posed on it by the Act, the Management Company shall be entitled to recover such common expenses ,\ Iml ting its responsibility in I " j from the Unit Owners for the time being by contributions to be made conditions, restric1 by each Unit ()\.mer at whatever intervals the Directors of the of other units set C He;;agement Company may think fit and the amount of which is to be Declaration. calculated in accordance with Clause 22 hereof Provided however that: (b) in his use and enjoy (a) The l~anagement Company if authorized by its members property observe the in General Heating may from time to time agree that Schedule hereto (and expenditure for any other purposes may be considered the Management Compa common expenses and any expenses declared to be common e>:penses by the provisions of the Act or by the (c) punctually pay all c' Declaration or the Bylaws may be charged as common the Manager.;ent .Compa: expenses and recovered from the Unit Owners. in accordance with C: (b) The expression "common expenses" shall not include the 24. The Management Company she: cost of repairs and maintenance work carried out by containing the names of the owners C the Management Company to! her with an address for service whit reside permanently in one of the aui (i) any apartment unit or covered parking space at within the Buildings and in the even the request of the owner or exclusive licensee Unit, the purchaser or transferee sh thereof in question; in writing of his interest in such U information as shall enable the inst iii) any conduit, duct, pipe, cable, drain, wire or transferee has acquired his intereat plumbing or sanitary apparatus situate within any of Records. apartment unit which was installed only for the benefit and use of the occupiers for the time 25. That any person to whom an I being of that apartment unit and no other: way of legal mortgage or any person 1 by way of equitable mortgage or char~ (iii) any portion of the common property or any conduit, mortgagee") shall, subject to the ret duct,. pipe, cable, drain, wire or plumbing or said Registry and the service of writ sanitary apparatus situate within any Building Management Company and, where there 1 damaged due to the act, neglect or carelessness gage or equitable charge or mortgage, of any Unit OWner or his guests, employees, agents priority, have the right to exercise or lessees, and all such moneys so expended shall the Unit Owner by virtue of his sharo be recoverable from the Owner of the relevant such powers of voting shall not be ex apartment unit. such mortgagee has by notice in writ! waived the right conferred upon ·him h 22. Each Unit Owner shall be obliged to pay to the Management may at any time by further notice in ' Co;n?any a contribution in respect of common expenses which shall be in revoke such waiver of his right in th pro?ortio:J to his unit entitlement (subject to the provisions of an Agreement dated the 9th day of February, 1968, and made between the 26. That service on Unit OWner. ~~anage;nent Company and Coral Beach Service Company Limited for main post to the address for service shown taining the said property· for a period of twenty-five years from the the provisions of Clause 24 hereof In' date of completion of the first Building) together with any repair or the Bahama Islands the notice shall b z:oair.tenance expenses incurred by the Management Company in respect of airmail; service on the Management Co: ar.y covered parking space designated for the exclusive use of the with Section 28 of the Act. 1 Unit Owner in question and such contributions shall be payable within seven days after service of a notice requesting payment thereof; any 27. That this Declaration can be unpaid contributions together with interest if prescribed by the Special Resolution of the Management ' I Bylaws shall subject to the provisions of the Act constitute a charge lodged in the Registry of Records wit' upon the appropriate apartment unit enforceable as a mortgage under that the Management Company shall, im seal and ranking prior to all other encumbrances except any charge such a Resolution notify all unit Own' under Section 12 (1) of the Real Property Tax Act. ~, 28. That the Management Company I 23. That each Unit Owner shall: keep copies of this Declaration (incl menta thereto and such copies shall b j (a) during the occupancy of his Unit observe the conditions reasonable hours by any Unit OWner Ii: and restrictions set out in the Second Schedule hereto interested party or by any person dul: and do nothing to Obstruct or interfere with the them. 'butions to be made conditions, restrictions and easements in favour ctors of the of other units set out in the Act or in this f which is to be Declaration. ovided however that: (b) in his use and enjoyment of his Unit and the common zed by its members property observe the Byla\Os referred to in the Third i o time agree that Schedule hereto (and as amended from time to time by s may be considered the Management Company). eclared to be common Act or by the (cl punctually pay all contributions demanded of him by the ~lanager.lent Company in respect of common expenses If charged as common nit Owners. in accordance with Clause 22 hereof. ! shall not include the 24. The Management Company shall at all time maintain a register t , rk carried out by containing the names of the o\Oners of all the apartment units, toget her with an address for service ,qhich, unless the Unit OWner shall 'j reside permanently in one of the Buildings shall be one which is not I 1 d parking space at within the Buildings and in the event of a sale or transfer of any exclusive licensee Unit, the purchaser or transferee shall notify the Management Company in writing of his interest in such Unit together with such recording t information as shall enable the instrument by which such purchaser or f Ie, drain, wire or transferee has acquired his interest to be identified in the Registry us situate within any of Records. ~, taIled only for the iers for the time 25. That any person to whom an apartment unit may be conveyed by and no other, way of legal mortgage or any person to whom the same may be charged f by way of equitable mortgage or charge (bereinafter called "the t operty or any conduit, mortgagee") shall, subject to the recording of such mortgage in the ~ re or plumbing or said Registry and the service of \Oritten notice thereof upon the ~' ithin any Building Management Company and, where there is more than one such legal mort ect or carelessness gage or equitable charge or mortgage, subject to its being first in sts, employees, agents priority, have the right to exercise the power of voting conferred upon l eys so expended shall the Unit Owner by virtue of his shares in the Management company and ,~ r of the relevant such powers of voting shall not be exercised by the Unit OWner unless such mortgagee has by notice in writing to the Hanagement Company waived the right conferred upon him by this subclause. Such mortgagee fi 1-0 the Management may at any time by further notice in writing to the Management Company } "'leS which shall be in revoke such waiver of his right in this subclause. he provisions of an f lid made between the 26. That service on Unit OWners shall be by prepaid registered "y Limited for main post to the address for service shown in the Register maintained under ~ -five years from the the provisions of Clause 24 hereof and when such address is outside "r with any repair or the Bahama Islands the notice shall be sent by prepaid registered f 'ompany in respect of airmail; service on the Management Company shall be made in accordance ( Jnsive use of the with Section 28 of the Act. ,11 be payable within '"yment thereof; any 27. That this Declaration can be amended from time to time by a ,,.scribed by the Special Resolution of the Management Company subject to the same being constitute a charge lodged in the Registry of Records within 14 days from the date thereof, ~ .11 a mortgage under that the Management Company Shall, immediately after the passing of t "l(cept any charge such a Resolution notify all Unit owners thereof. I, ;~' 28. That the Management Company shall at its Registered Office ;\
keep copies of this Declaration (including the Bylaws) and all amend 1" ments thereto and such copies shall be available for inspection at I hllt,rve the conditions reasonable hours by any unit OWner (including any mortgagee) or other " nmd Schedule hereto interested party or by any person duly authorized in writing by any of I rf<'re with the them. t
ti' f
"~
11", fii \ 29. That from the effective date of this Declaration each aparc.ent uni -: w~jether erected or to be erected together with its THE 5..ECOND SCHEDULE HER: unit entitlement and Class "A" shares in the l1anagement Company thereto shall, until sale, be vested in the Declarant to the provisions of the Act and of this Declaration. (1) No apartment unit may be u: smaller unit or units. 30. That the said property and Buildings may only be removed from the provisions of the Act pursuant to Section 30 thereof. (2) No trade, manufacture, busi (save that of a hotel, and providing hotel or other guests, and that of re nor any professional undertaking sha] NOTE: "The First Schedule Hereinbefore Re!'erred To", which was unit. a part of the original Declaration of Condominium, has been revised and replaced by the "Amendment to Declaration (3) No incinerator shall be par of Condorninhun", dated February lOth, 1978, recorded in unit or its appurtenances nor shall 9 Volume 3063, pages 344 to 393. in anything other than sanitary conta (4) No signs, billboards or oth kind shall be erected or displayed in its -appurtenances.
(5) No immoral, improper, offenl made of any apartment unit or its appl (6) No unit owner shall permit ( his unit or its appurtenances anythin\ of insurance on the said property an~ or interfere with the rights of other cause annoyance to them by noise or In (7) No structural modification. apartment units.
(8) In order to preserve the app said property, no unit owner shall mak tions thereto (including the exterior exterior of the doors and windows of h painting, decoration, the installation conditioning machines, or otherwise. (9) No unit owner shall allow hi a state of disrepair. ~ of this Declaration each , e erected together with its THE SECOND SCHEDU:LE HEREINBEFORE PEFERRBD TO in the t1anagement Company \ , be vested in the Declarant nd of this Declaration. (1) No apartment unit may be divided or Subdivided into a I smaller unit Or units. ildings may only be removed nt to section 30 thereof. (2) No trade, manufacture, business or commercial undertaking ~ (save that of a hotel, and providing accommodation and amenities for hotel or other guests, and that of rental and residential apartments) I! nor any profesSional undertaking shall be carried on in any apartment ; efore Referred To", which was unit. aration of Condominium, has y the "Amendment to Declaration (3) No incinerator shall be permitted in or about any apartment uary lOth, 1978, recorded in unit or its appurtenances nor shall garbage or other waste be kept in anything other than sanitary containers. 93. (4) No signs, billboards or other advertising devices of any kind shall be erected or displayed in or about any unit apartment or its -appurtenances. (5) No immoral, improper, offensive or unlawful use shall be made of any apartment unit or its appurtenances. (6) No unit owner shall permit or suffer to be done or keep in his unit or its appurtenances anything which will increase the rate of insurance on the said property and Buildings or which will obstruct or interfere with the rights of other occupants of the Buildings or cause annoyance to them by noise or smell. (7) No structural modifications or alterations shall be made to apartment units. (8) In order to preserve the appearance of the Buildings and the said property, no unit owner shall make any modifications or altera tions thereto (including the exterior of the Buildings and the exterior of the doors and windows of his own unit) either by way of painting, decoration, the installation of wiring, or antenna, or air conditioning machines, or otherwise. (9) No unit owner shall allow his apartment unit to fall into a state of disrepair.
t { I ~i
;4 , ...... C.,. . iI ~ \ " ~ 'THE -r:HIR.~CHEDUI:~ HER!iIN~O_RE: J.<.EFERRED TO BYLAWS
(1) 7~e Bylaws set out in the Schedule to the Act shall not apply to Coral Beach Apart~ent Hotel and the Bylaws shall consist of t~e Articles of Association of the Management Company to the extent tha~ they relate to the operation of the said property and any 3yl~ws which the :~anagement Company shall from time to time make.
(2) The po,,'ers of the ~lanagement Company and the rolationship of its k.e~DerS inter sa shall be governed by the Memorandum and Articles of ;,ssociation of the Management Company filed in accordance with the Co~?anies Act.
(3) All of Unit Owners whether in their capacity as L:.it C,,,r:ers Or as of the :~anagernent company shall be governed by the provisions of the Articles of Association of the I ~·!a:"l.age:-:ent Co::-.pany .. I IN lH':'~ESS l->HEREOF, the Declarant has caused its Common I Seal to be hereunto affixed the day and year first hereinbefore written. Albert Agran ! President I The Con."on Seal of CORAL BEACH LIrUTED was hereunto affixed I in the presence of:
Harshall F. Goldman Secretary
Recorded: \'ol;:;,;e 1363 Pages 22-170