Declaration of Condominium
Only Phase I information currently available in this website.
Other information for other Condos in our complex, and for the Homeowners Association, may be available in the future.
Declaration of Condominiums
The date of the document is: Jan 26, 1976.
We have (as of Nov 1, 2000) all 40 pages available plus an amendment dated Jan 27, 1976.
You may request them thru the feedback form in the Feedback Page. Be sure to provide your name, unit, and E-mail address.
You can sample the first 4 pages of the Declaration below, followed by the site plan, properties map, and survey.
DECLARATION OF CONDOMINIUM OF KAWAMA YACHT CLUB OF KEY LARGO PHASE I, SECTION ONE, A CONDOMINIUM
KAWAMA YACHT & COUNTRY CLUB, INC., a Florida corporation, hereinafter called "Developer," for itself, its successors, grantees and assigns, being the owner of the fee simple title to the property hereinafter described, hereby submits said property to condominium ownership, pur- suant to Chapter 711 of the Florida Statutest hereinafter called the "Condominium Act," subject to the encumbrances referred to in Article V hereof.
All the restrictions, reservations, covenants, conditions and easements contained herein shall constitute covenants running with the land or equitable servitudes upon the land, as the case may be, and shall rule perpetually unless terminated as provided herein, and shall be binding upon all unit owners as hereinafter defined, and in consideration of receiving and by acceptance of a grant, devise or mortgage, all grantees, devisees or mortgagees, their heirs, personal representatives, successors and assigns, and all parties claiming by, through or under such persons, agree to be bound by the provisions hereof, as well as the By-Laws and articles of Incorporation of the Association. Both the burdens imposed and the benefits provided shall run with each unit and the interests in common property as defined herein.
I. Definitions. As used herein and in the By-Laws attached hereto and in all amendments hereto, unless the context requires otherwise:
"Assessment" means a share of the funds required for the payment of common expenses which from time to time are assessed against the unit owner.
"Association" or "Corporation" means KAWAMA YACHT CLUB OF KEY LARGO CONDOMINIUM ASSOCIATION, INC., the entity responsible for the operation of the condominium.
1. "Board of administration" means the board of directors or other representative body responsible for administration of the association. The term "board of directors" shall be synonymous with the term "board of administration."
"By-Laws" means the By-Laws for the govern- ment of the condominium as they exist from time to time.
THIS INSTRUMENT WAS PREPARED BY: DALE A. HECKERLING of the law office of SCHWARTZ, NASH, HECKERLING 6@TESCHER, Professional Association, Suite 1000 Forte Plaza, 1401 Brickell Avenue, Miami, Florida 33131.
"Common elements" means the portion of the condominium property not included in the units. Common elements shall include the tangible personal property required for the maintenance of the common elements and limited common elements even though owned by the Association.
"Common expenses" include the expenses of administration and maintenance of the condominium property; the expenses of maintenance, operation, repair and replacement of the common elements; and other expenses declared to be common expenses herein and/or by the By- Laws and any other valid charge against the condominium as a whole.
"Common Surplus" means the excess of all receipts of the Association, including but not limited to assessments, rents, profits and revenues on account of the common elements, over the amount of common expenses,
"Condominium" is that form of ownership of condominium property under which unitsare subject to ownership by different owners, and there is appurtenant to each unit as part thereof an undivided share in the common elements.
"Condominium parcel" means a unit together
with the undivided share in the common elements which is appurtenant to the unit.
"Condominium property" means and includes the land in a condominium, whether or not contiguous, and all improvements thereon and all easements and rights appurtenant thereto inteAded for use in connection with the condominium.
"Declaration" or "Declaration of Condominium" or "Enabling Declaration" means this instru- ment, or as it may from time to time be amended.
"Limited common elements" means and includes those common elements which are reserved
"Mortgagee" means a bank, savings and loan association, insurance company, mortgage
company or individual mortgage lender authorized to do business in Florida.
"Operation" or "operation of condominium" means and includes the administration and management of the condominium property.
"Unit" means a part of the condominium property which is to be subject to private ownership, as designated on the exhibits attached to this Declaration. The word "apartment" as used herein and in the condominium survey is'synonymous with the word "unit" as defined herein.
"Unit Owner"'or "owner of a unit" means the owner of a condominium parcel. The words "apartment owner" as used herein are synonymous with the words "unit owner" as defined herein.
"Utility service" as used in the Condominium Act and as construed with reference to this condominium, and as used in this Declaration and the By-Laws attached hereto shall include, but not be limited to, electric power, gas, hot and cold water, heating, refrigeration, air conditioning, garbage and sewage disposal.
"Management Agreement" means and refers to that certain agreement attached hereto as Exhibit "5" and made a part hereof, which provides for the management of the Condominium property.
"Management Firm" means and refers to KAWAMA YACHT & COUNTRY CLUB, INC., its successors and assigns, said firm being responsible for the management of the Condominium property.
"Master Association" means and refers to the
KAWAMA HOMEOWNERS ASSOCIATION, INC., a Florida corporation not for profit, formed to hold title to and be responsible for the maintenance, repair and management of the Master Association Properties as described on Exhibit "1" to this Declaration.
"Master Association Properties" shall be such property as is owned by the Master Association from time to time in accordance with the Declaration of Restrictions attached hereto as Exhibit 6.
"Master Association By-Laws" means the BY-Laws for the government of the Master Association as they exist from time to time.
"Kawama Village" or "Project" means and refers to the real property referred tq in Exhibit "I" and described therein as "Kawama Village".
Whenever the context so permits, the use of the singular shall include the plural and the plural shall include the singular, and the use of any gender shall be deemed to include all genders.
II. Condominium parcels; appurtenances; possession and enjoyment.
The condominium parcel is a separate parcel of real property, the ownership of which may be in fee simple, or any other estate in real property recognized by law.
There shall pass with a unit as appurtenances thereto
An exclusive easement for the use of the air space occupied by the unit as it exists at any particular time and as the unit may lawfully be altered or reconstructed from time to time, which easement shall be terminated automatically in any air space which is vacated from time to time.
An undivided share in the common surplus
The exclusive use of such parking space(s) as may be assigned to a Unit according to Exhibit 1 attached hereto and made a part hereof.
The exclusive use of a balcony and private patio appurtenant to each condominium unit.
The owner of a unit is entitled to the exclusive possession of his unit. He shall be entitled to use the common elements in accordance with the purposes for which they are intended, but no such use shall hinder or encroach upon the lawful rights of owners of other units. There shall be a joint use of common elements and a joint mutual easement for that purpose is hereby created.
The owner of the respective "condominium unit" shall not be deemed to own the undecorated and/or unfinished surfaces of the perimeter walls, floors and ceilings surrounding his respective "condominium unit," nor shall owner be deemed to own pipes, wires, conduits or other utility lines running through said respective "condominium unit" which are utilized for or serve more than one "condominium unit" which items are by these presents hereby made a part of the "common elements." Said owner, however, shall be deemed to own the walls and partitions, which are contained in said owner's respective "condominium unit," and also shall be deemed to own the inner decorated and/or finished surfaces of the perimeter walls, floors and ceilings, including plaster, paint, wallpaper, etc.
The owner of a unit shall have an easement for ingress and egress, over such streets, walks and other rights-of-way serving the units within the condominium as a part of the "common elements" as may be necessary
to provide reasonable access to said public ways, and such easement shall extend to the invitees and licensees of said unit owner. In the event that any of said easements for