Brandywine Condominium Association

DECLARATION OF CONDOMINIUM as adopted January 2, 2006
and amended December 2, 2008, December 7, 2009, January 23, 2012 and December 7, 2021.

BYLAWS Exhibit "D' to the Declaration of Condominium
AMENDED AND RESTATED

4. POWERS AND DUTIES OF THE BOARD OF DIRECTORS.

All of the powers and duties of the Association existing under the Condominium Act, Chapter 617, Florida Statutes, and the condominium documents, including but not limited to, the Declaration of Condominium, and these ByLaws shall be exercised exclusively by the Board of Directors, its agents, contractors, or employees subject only to the approval by the unit owners when such is specifically required. Such powers and duties of the Directors shall include but shall not be limited to the following:

A. To Make and Collect Maintenance Assessments and Special Assessments against members to defray the costs of operation and maintenance of the condominium.

B. To Use the Proceeds of Maintenance Assessments and Special Assessments in the exercise of its powers and duties.

C. To Maintain, repair, replacement and operation of the condominium property.

D. The Reconstruction of Improvements after casualty and the further improvement of the property.

E. To Make and Amend Regulations respecting the use, maintenance and appearance of the units and common elements, subject to the approval of at least two thirds (2/3rds) of the voting interest present, in person or by proxy, and voting at a duly called meeting of the Association. Such rules shall become effective upon approval bythe membership of the Association. A copy of the current rules and regulations shall be furnished to each owner.

F. To Approve or Disapprove Proposed Purchasers of units in the manner provided by the Declaration of Condominium.

G. To Enforce by legal means the provisions of the Condominium Act, the Condominium Documents, the ByLaws of the Association, and the regulations for the use of the property in the condominium. A unit owner does not have any authority to act for the Association by virtue of his being a unit owner.

H. To Contract for the management and maintenance of the condominium and to authorize a management agent to assist the Association in carrying out its powers and duties by performing such functions as the collection of assessments, preparation of records, enforcement of rules and maintenance of the common elements. The association, shall, however, retain at all times, the powers and duties granted them by the Condominium Act, including, but not limited to, making assessments, promulgation of rules, and execution of contracts on behalf of the Association.

I. To Pay Taxes and Assessments which are liens against any part of the condominium other than individual units and the appurtenances thereto, and to assess the same against the unit subject to such liens.

J. To Carry Insurance for the protection of unit owners, Directors and Officers, and the Association against casualty, liability and flood as to the common areas, common elements and property owned by the Association.

K. To Pay the Cost of all power, water, sewer and other utility services rendered to the condominium and not billed to owners of individual units, including but not restricted to basic cable or satellite television programming services in bulk for the entire condominium.

L. To Employ Personnel for reasonable compensation to perform the services required for proper administration of the purposes of the Association.

M. To Prepare the Annual Budget based upon the monthly maintenance assessments against the unit owners and shall be computed, subject to the requirements of the Declaration of Condominium as to the manner in which said assessments are to be computed.

N. To Access Units during reasonable hours as necessary for the maintenance, repair and replacement of any common element, and for making emergency repairs necessary to prevent damage to the common element or to another unit or units. The Association's right of access is irrevocable.

0. The Association has a Lien as provided in these ByLaws for any unpaid assessments with interest, costs, and reasonable attorney's fees incurred in the collection of the assessment or enforcement of its lien. It also has the power to purchase a condominium parcel at a foreclosure sale and to hold, lease, mortgage or convey it. Termination of ownership of a condominium unit shall not relieve or release a former unit owner from any liability or obligation incurred with respect to the condominium during the period of unit ownership; nor impair any rights or remedies that the Association may have against the former unit owner arising out of his ownership of a unit and the covenants and obligations incident to ownership of a unit.

P. The Association bas the Power to Purchase Units in the condominium and to acquire, hold, lease, mortgage and convey them.

Q. The Power to Grant, Modify or Move any Easement, without the joinder of any unit owner, if the easement constitutes part of or crosses the common elements.

R. To Acquire Tide to Property or otherwise hold property for the use and benefit of the unit owners.

S. To Purchase Land. Any land may be purchased by the Association on the approval of two-thirds (2/3) of the voting interests of the Association.

T. To Give Notice of Liability Exposure. If the Association may be exposed to liability in excess of insurance coverage in any legal action, it shall give notice of the exposure to all unit owners, who shall have the right to intervene and defend.

U. To Provide Certificate of Unpaid Assessment. Within fifteen (15) days after request by a unit owner or unit mortgagee, or their agent, the Association shall provide a certificate stating all assessments and other monies owed to the Association by the unit owner with respect to the condominium parcel, any person, other than the unit owner, who relies upon such certificate shall be protected thereby.

V. Pay the Annual Fee to the Division of Florida Land Sales, Condominiums and Mobile Homes for each residential unit operated by the Association.

W. Authorize Exclusive Use of the Common Elements. The Board of Directors may authorize unit owners to use portions of the common elements, such as social and meeting rooms, for private parties and gatherings. The Board of Directors may charge, in advance, a utility fee and a cleaning and damage deposit for the private use of such facilities. The deposit shall be refunded upon return of the facility in clean and undamaged condition.

X. To Exercise Emergency Powers. In the event of any "emergency" as defined in Section (8) below, the Board of Directors may exercise the emergency powers described in this Section and any other emergency powers authorized by Section 617 .0207, Florida Statutes (2004), and Section 617 .0303, Florida Statutes (2004), as amended from time to time.

(1) The Board may name as assistant officers persons who are not Directors which assistant officers shall have the same authority as the executive officers to whom they are assistant during the period of the emergency, to accommodate the incapacity of any officer of the Association.

(2) The Board may relocate the principal office or designate alternative principal officers or authorize the officers to do so.

(3) During any emergency the Board may hold meetings with notice given only to those Directors with whom it is practical to communicate and the notice may be given in any practical manner, including publication or radio. The Director or Directors in attendance at such a meeting shall constitute a quorum

(4) Corporate action taken in good faith during an emergency under this Section to further the ordinary affairs of the Association shall bind the Association; and shall have the rebuttable presumption of being reasonable and necessary.

(5) The Board may use reserve funds to meet Association needs.

(6) Any officer, Director, or employee of the Association acting with a reasonable belief that his actions are lawful in accordance with these emergency ByLaws shall incur no liability for doing so, except in the case of willful misconduct.

(7) These emergency ByLaws shall supersede any inconsistent or contrary provisions of the ByLaws during the period of the emergency.

(8) For purposes of this Section only, an "emergency'' exists only during a period of time that the condominium, or the•immediate geographic area in which the condominium is located, is subjected to:

(a) a state of emergency declared by local civil or law enforcement authorities;

(b) a hurricane warning;

(d) federal or state "disaster area" status;

(e) a catastrophic occurrence, whether natural or man made, which seriously damages or threatens to seriously damage the physical existence of the condominium, such as an earthquake, tidal wave, fire, hurricane, tornado, war, civil unrest, or act of terrorism; or

(f) an unanticipated set of circumstances, which, if not acted upon with immediacy, is likely to cause imminent and significant financial harm to the Association, the Unit Owners, the Condominium Property, or Association Property.

Association address

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

Phone: 239-481-2326
Fax: 239-481-0744
E-Mail: brandywinecondo@embarqmail.com