Brandywine Condominium Association

DECLARATION OF CONDOMINIUM as adopted January 2, 2006
and amended December 2, 2008, December 7, 2009 and January 23, 2012

5. ADMINISTRATION: The Administration of the Condominium shall be by the Association through its Board of Directors and its powers and duties shall be as set forth herein, in Florida Statutes, in the Articles of Incorporation and in the ByLaws.

A. Articles of Incorporation.
The Articles of Incorporation of the Association are attached as Exhibit "C" to the Declaration.

B. ByLaws. The ByLaws of the Association are attached as Exhibit "D" to the Declaration.

C. Duties and Powers. The duties and powers of the Association are set forth in the condominium documents, together with those reasonably implied to effect the purposes of the Association and condominium and those permitted by Chapter 718, Florida Statutes, and all amendments thereto. Such powers and duties shall be exercised in the manner provided by the condominium documents.

D. Membership and Voting.
The qualification of members, the manner of their admission, and members' voting rights shall be as follows:

(1) There shall be one (1) membership vote for each unit and if there is more than one (1) record unit owner of a unit, then such membership shall be divided among such unit owners in the same manner and proportion as their ownership in the unit.

(2) Each unit shall have one (1) full indivisible vote in all matters. If multiple unit owners cannot agree on a vote, it will not be counted.

E. Limitation upon Liability of Association. Notwithstanding the duty of the Association to maintain and repair parts of the condominium property, the Association shall not be liable to Unit Owners for injury or damage, including the cost of maintenance and repair, caused by any latent condition of the property. Further, the Association shall not be liable for any such injury or damage caused by defects in design or workmanship or any other reason connected with any additions, alterations or improvements done by or on behalf of any Unit Owners, regardless of whether or not the same shall have been approved by the Association pursuant to the provisions hereof. Notwithstanding anything contained herein or in the articles of incorporation, bylaws, any rules or regulations of the association or any other document governing or binding the association (collectively, the "association documents"), the association shall not be liable or responsible for, or in any manner be a guarantor or insurer of, the health, safety or welfare of any owner, occupant or user of any portion of the condominium property,including, without limitation, residents and their families, guests, invitees, agents, servants, contractors or subcontractors or for any property of any such persons. Without limiting the generality of the foregoing:

(1) It is the express intent of the association documents that the various provisions thereof which are enforceable by the Association and which govern or regulate the uses of the condominium property have been written, and are to be interpreted and enforced, for the sole purpose of enhancing and maintaining the enjoyment of the condominium property and the value thereof.

(2) The Association is not empowered, and has not been created, to act as an entity which enforces or ensures the compliance with the laws of the United States, State of Florida, Lee County and/or any other jurisdiction or the prevention of tortuous activities.

(3) Any provisions of the association documents setting forth the uses of assessments which relate to health, safety and/or welfare shall be interpreted and applied only as limitations on the uses of assessment funds and not as creating a duty of the Association to protect or further the health, safety or welfare of any person(s), even if assessment funds are chosen to be used for any such reason.

(4) Each unit owner (by virtue of his acceptance of title to his unit) and each other person having an interest in or lien upon, or making any use of, any portion of the condominium property (by virtue of accepting such interest or making such uses) shall be bound by this provision and shall be deemed to have automatically waived any and all rights, claims, demands and causes of action against the Association arising from or connected with any matter for which the liability of the association has been disclaimed in this provision.

(5) As used in this section, "Association" shall include within its meaning the association's directors, officers, committee and board members, employees, and management company.

F. Trust. All funds and titles to all property acquired by the Association and the proceeds thereof shall be held only for the benefit of the unit owners and for the purposes herein stated.

G. In the event of conflict between the powers and duties of the Association as set forth in the Declaration, Articles and ByLaws, the Declaration takes precedence over the Articles and ByLaws, and the Articles take precedence over the ByLaws.

Association address

Brandywine Condominium Association
1398 S. Brandywine Circle
Fort Myers, FL 33919

Phone: 239-481-2326
Fax: 239-481-0744