Amendments · Fifth Amendment

OR 16381/3218

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1994-05-31, OR 16381/3216
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Fifth Amendment, page 3 (execution)
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Fifth Amendment
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OR 16381/3218
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[continuation of 13.05, underlined/new] to the Limited Common Elements shown on Sheets 40 and 41 of the Survey (Exhibit "A"), the improvement(s) to the Limited Common Element shall also be subject to the approval of the Board of Directors of the Association, whose consent shall not be unreasonably withheld. In the case where more than one Unit has the right to use a Limited Common Element, any improvement to the Limited Common Element shall require the unanimous approval of the Owners of all such Units.

13.06 Assignable Limited Common Elements - [underlined = new] Certain Limited Common Elements (other than balconies accessible only from a Unit(s) or an entrance vestibule directly shared by Units) that are not labelled as being a Limited Common Element for a particular Unit shall be considered an "Assignable LCE" and may be assigned to a Unit by the Developer, and the Developer may receive compensation from a purchaser in connection with the assignment of an Assignable LCE to a Unit. An Assignable LCE may be reassigned among Unit Owners, and the Association may promulgate reasonable rules and regulations regarding the reassignment of an Assignable LCE among Unit Owners.

2. Sheets 40 and 41 of 42 of Exhibit "A" to the Fourth Amendment is deleted in its entirety and replaced with Sheets 40 and 41 of 42 attached hereto for the purpose of creating Limited Common Elements appurtenant to the Units.

3. All other terms and provisions of the Declaration not specifically amended or altered hereby shall continue in full force and effect.

IN WITNESS WHEREOF, the Association has caused these presents to be signed in its name and on its behalf by the appropriate individuals on this 30 [handwritten] day of MAY [handwritten], 1994 [year altered by hand].

Signed, Sealed and Delivered in the Presence of: [witnesses] John A. Ritter; Louis Zaretsky

CASTLE BEACH CLUB CONDOMINIUM ASSOCIATION, INC., a Florida corporation not-for-profit. BY: [signature] Miguel Poyastro, Vice President [handwritten]. ATTEST: [signature] Mordi Bitton, Secretary [handwritten].

STATE OF FLORIDA, COUNTY OF DADE, SS. The foregoing instrument was acknowledged before me this 30 day of MAY, 1994 [handwritten], by MIGUEL POYASTRO and MORDI BITTON [handwritten], as VICE PRESIDENT and SECRETARY [handwritten], respectively, of CASTLE BEACH CLUB CONDOMINIUM ASSOCIATION, INC., a Florida corporation not-for-profit, on behalf of the corporation. They are personally known to me [produced-identification alternative struck through] and who did not take an oath [did/did not alternative edited by hand].

[signature] Print Name: John A. Ritter. Notary Public, State of Florida. Serial Number, if any: [blank]. My commission expires: 9/19/96 [handwritten]. Stamp: NOTARY PUBLIC, STATE OF FLORIDA, JOHN A. RITTER, COMMISSION NO. CC-222808, MY COMMISSION EXPIRES SEP. 19, 1996.

Underlined text indicates additions; struck-through text indicates deletions. [page 3]

Page notes (stamps, codes, margins)

Fax header: FROM: CRESCENT HEIGHTS EXEC. OFFICE, TEL: 3058644077, MAY. 29. 1994 10:13 AM.