OR 16381/3216

FIFTH AMENDMENT TO DECLARATION OF CONDOMINIUM ESTABLISHING CASTLE BEACH CLUB, A CONDOMINIUM

WHEREAS, the Declaration of Condominium establishing Castle Beach Club, a Condominium, was recorded on November 16, 1991, in Official Records Book 15285, at Page 1869, of the Public Records of Dade County, Florida (the "Declaration"); and,

WHEREAS, the Declaration was amended by First Amendment to Declaration of Condominium recorded on April 13, 1992, in Official Records Book 15469, at Page 3919 ("First Amendment"), and by Second Amendment to Declaration of Condominium recorded on March 12, 1993, in Official Records Book 15842, at Page 2255 ("Second Amendment"), and by Third Amendment to Declaration of Condominium recorded on March 12, 1993, in Official Records Book 15842, at Page 2259 ("Third Amendment"), and by Fourth Amendment to Declaration of Condominium recorded on December 16, 1993, in Official Records Book 16174, at Page 235 ("Fourth Amendment"), all of the Public Records of Dade County, Florida; and,

WHEREAS, Article 9.02 of the Declaration provides as follows:

[Quoted text of 9.02 in full, both paragraphs, verbatim as in the Declaration.]

WHEREAS, at this time, the Developer is entitled to appoint a majority of the Board of Developers [sic]; and,

WHEREAS, the Association desires to amend the Declaration to provide for changes in the configuration of various Units, Common Elements and Limited Common Elements and as otherwise set forth below.

NOW, THEREFORE, the Declaration is amended as follows:

Underlined text indicates additions; struck-through text indicates deletions.