Declaration of Condominium

OR 15285/1897

Recorded
Declaration of Condominium recorded 1991-11-16, OR 15285/1869
Contains
Article XXVII, Article XXVIII, Article XXIX, Article XXX
Recorded page
OR 15285/1897
Scan of OR 15285/1897
Declaration, PDF page 30 of 103Full size · PDF

Where the transcript and the recorded page differ, the recorded page controls.

Article XXVIIWarranties

The Developer does not warrant to the Association or the Unit Owners of the construction of, or any part of, the Condominium property, common elements or Units, save and except any express written warranties delivered by the Developer in writing to Unit Owners; and any and all implied warranties, including warranties of marketability and fitness of use, are hereby specifically disclaimed to the extent permitted by law. Developer further disclaims any intent to have made any warranty or representation in connection with the Condominium documents and disclosure materials except as specifically set forth therein, and no person shall rely upon any warranty or representation not so specifically made herein. Any estimates of common expenses, taxes or other charges are believed to be accurate, but no warranty or guaranty is made or intended, nor may one be relied upon except where same is specifically warranted or guaranteed.

Article XXVIIISales Activity and Developer's Rights

Until the Developer has completed and sold all the Units of the Condominium, neither the Unit Owners nor the Association nor their use of the Condominium shall interfere with the completion of the contemplated improvements and the sale of Units. The Developer (or its duly authorized agents or assigns) may make such use of the unsold Units and the Common Elements as may facilitate such completion and sale, including, but not limited to, the maintenance of sales offices for the showing of the property and display of signs billboards, placards and visual promotional materials. It is specifically understood that the Developer has the right and authority to use the reservation office, front desk, manager's office, reception office, and accounting office and the common elements of the Condominium for the purpose of sales and administrative office for so long as Developer has not sold all Units in the Condominium. The Developer may use unsold Units as model units or as sales offices for display purposes to prospective Condominium purchasers. The Developer shall have the right to use unassigned parking spaces and valet parking for prospective purchasers and such other parties as Developer determines. The sales office personal property, model furnishings, signs and all items pertaining to sales shall not be considered Common Elements and shall remain the property of the Developer. It should be understood that prior to the conversion of the improvements to a Condominium that the operation of the Condominium was a apartment/hotel-type operation and, accordingly, the Developer may continue such apartment or hotel rentals at its discretion for any unsold Units and Developer, until all Units are sold, shall have the full right and authority to use the Common Elements and the areas aforedescribed in furtherance of such apartment and/or hotel rentals as the Developer may so desire.

Article XXIXReservation of Name

The Developer reserves the right to use the name "Castle Beach Club" in any fashion, including, but not limited to, other hotel, condominium or residential development. This paragraph cannot be amended without the consent of the Developer.

Article XXXTransient and Permanent Occupancy

Both transient and permanent occupancy of Condominium Units is permitted, without the approval of the Condominium Association.