For purposes of this Declaration and the exhibits attached hereto, the following terms shall have the respective meanings ascribed to them in this Section, except where the context clearly indicates a different meaning or a specific limited meaning is detailed:
2.1 "Act" or "Condominium Act" or "Florida Condominium Act" means the Florida
Condominium Act (Chapter 718, Florida Statutes) amended.
2.2 "Articles" or "Articles of Incorporation" means the Articles of Incorporation of
the Association, as may be amended from time to time. A certified copy of the original Articles of Incorporation are attached hereto as Exhibit C.
2.3 "Assessment" as further described and defined in Sections (13) and (14) hereof,
means a share of the funds required for the payment of Common Expenses as provided in this Declaration and which from time to time is assessed against the Unit Owner.
2.4 "Association" or "Condominium Association" means STATION SQUARE
CONDOMINIUM ASSOCIATION INC. the sole entity responsible for the operation of the Condominium. Where utilized herein or in the exhibits attached hereto, the term "Corporation" shall be deemed to be synonymous with the term "Association".
2.5 "Association Property" means the property, real and personal, in which title or
ownership is vested in, or which is dedicated on a recorded plat or lease to, the Association for the use and benefit of its members.
2.6 "Buildings" means the structures within which the Units and certain Common
Elements are located or the Condominium Property.
2.7 "Board of Directors" or "Board" means the Board of Directors of the Association.
2.8 "BY-Laws" mean the By-Laws of the Association, as may be amended from time
to time. A copy of the original By-Laws are attached hereto as Exhibit D.
2.9 "Common Elements" mean and include:
2.10 "Common Expenses" mean all expenses incurred by the Association to accomplish its duties as contemplated by this Declaration and the Act which shall be assessed or imposed against Units in the Condominium by the Association as authorized by the Act. If approved by the Board of Directors, "Common Expenses" shall include the cost of mangrove trimming and the cost of a master television antenna system or duly franchised cable television service obtained pursuant to a bulk contract or other provider of television signals on a bulk basis. For all purposes of this Declaration, "Common Expenses" shall also include all reserves required by the Act or otherwise established by the Association, regardless of when reserve funds are expended.
2.11 "Common Surplus" means the excess of all receipts of the Association collected on behalf of the Association, including, but not limited to, Assessments, rents, profits and revenues on account of the Common Elements, over and above the amount of Common Expenses:
2.12 "Condominium Parcel" means a Unit together with the undivided share in the Common Elements and the Common Surplus which is appurtenant to said Unit.
2.13 "Condominium Plat" means the condominium drawings required by Section 718.104 of the Act and recorded in official Records Book and Page identified on the first (1st) page hereof constituting Exhibit A hereto. For the purpose of reference, a reduced-in-size copy of the Condominium Plat is attached hereto.
2.15 "County" means Pinellas County, State of Florida.
2.14 "Condominium Propery" means the Land and the improvements constructed
thereon which have been submitted to condominium ownership under this Declaration, subject to the limitations thereof and exclusions therefrom.
2.16 "Declaration" or "Declaration of Condominium" means this instrument, as it may
be amended from time to time.
2.17 "Developer" means STATION SQUARE CLEARWATER CONDO, LLC. a Florida limited liability company, and its successors and such of its assigns as to which its
rights hereunder are assigned by written instrument recorded in the public records of the County. Such assignment may be made on an exclusive or non-exclusive basis and may be an assignment of all or only portions of its rights of Developer hereunder, provided, however, that no such assignment shall make any assignee the "Developer" for purposes hereof unless such assignment is an assignment of all of Developer's rights hereunder and is exclusive, except as to any previously assigned rights. Any Developer other than the above cannot retain control of the Association after a majority of the units have been sold unless it receives an assignment of the creating developer's rights and obligations.
2.18 "Institutional First Mortgagee" means a bank, savings and loan association,
insurance company, credit union, real estate or mortgage investment trust, pension fund, an agency of the United States Government, mortgage banker, the Federal National Mortgage Association ("FNMA"), the Federal Home Loan Mortgage Corporation ("FHLMC") or any other lender generally recognized as an institutional lender, or the Developer, holding a first mortgage on a Unit or Units, or any Mortgage on the condominium property at the time the Condominium is formed. A "Majority of Institutional First Mortgagees" shall mean and refer to Institutional First Mortgagee(s) of Units with regard to at least 51% of the voting interests which are
appurtenant to Units subject to mortgages held by Institutional First Mortgagees.
2.19 "Limited Common Elements" mean those Common Elements, the use of which is
reserved to a certain Unit or Units to the exclusion of other Units, as same are shown on the Condominium Plat or are specified in this Declaration. References herein to Common Elements also shall include all Limited Common Elements unless the context would prohibit or it is otherwise expressly provided.
2.20 "Management Agreement" means and refers to any agreement entered into by the Association from time to time for the operation and administration of the Condominium and the Management of the Condominium Property.
2.21 "Management Firm" means and refers to any person or entity contracted by the
Association to perform management functions for and on behalf of the Association. Any management firm must be a professional community association manager duly licensed under Florida law to provide management services to condominium projects.
2.22 "Occupant" means and refers to a person (be it an Owner or a tenant or lessee of an Owner) who resides in a Unit. Where the context dictates, an Occupant shall also be deemed to include the family members, occasional social guests, tenants, licensees and invitees.
2.23 "Primary Institutional First Mortgagee" means the Institutional First Mortgagee
which owns, at the relevant time, Unit mortgages securing a greater aggregate indebtedness than is owed to any other institutional First Mortgagee.
2.24 Surface Water Management System Facilities. Surface Water Management
System facilities means a system which is designated and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over-drainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges. Surface Water Management System facilities shall include, but are not limited to: all inlets, ditches, swales, culverts, water control structures, retention and detention areas, ponds, likes, floodplain compensation areas, wetlands and any associated buffer areas, and wetland mitigation areas.
2.25 "Unit" or "Condominium Unit" means and refers to that portion of the Condominium Property, which is subject to exclusive ownership and is located within the Condominium Property. The term "Unit" is often used synonymously herein with "Condominium Parcel" when meaning the sum total of an Owner's ownership interest in the Condominium. There are three types of Units in the Condominium: "Commercial Units", which consist of two (2) Commercial Units identified on the Condominium Plat, including the Commercial Unit 1 (C1), and Commercial Unit 2 (C2); "Parking Units" which consist of the forty-three (43) Parking Units identified on the Condominium Plat as P-1 through P-43; and "Residential Units", which shall exist in the Building as identified on the Condominium Plat and shall consist of all units other than the Commercial Units and the Parking Units, and which shall be used for residential purposes. There shall be one hundred twenty-six (126) Residential Units. The Commercial Units shall be used for commercial purposes. The Parking Units shall be used for municipal and/or public parking.
2.26 "Unit Owner" or "Owner of a Unit" or "Owner" means the record owner of legal
title to a Condominium Parcel.