Brandywine Condominium Association

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


A. Common Expenses. Common expenses are expenses incurred by the Association in the operation, maintenance, repair or replacement of the common elements, costs of carrying out the powers and duties of the association, and any other expenses designated as common expenses by Chapter 718, Florida Statutes, this Declaration of Condominium or by the ByLaws of the Association. Common expenses also include, but are not limited to, insurance for directors and officers, road maintenance, operation expenses, and other services which are reasonably related to the general benefit of the unit owners even if such expenses do not attach to the common elements or property of die condominium. However, such common expenses must either have been services or items provided from the date the control of the Board of Directors of the Association was transferred from the developer to the unit owners or must be services or items provided for in the Declaration of Condominium or the Association's ByLaws. The Association may contribute to the maintenance of the island at the Winkler Road entrance as a common expense.

B. Monthly Maintenance Assessments. Each unit owner shall be liable for his share of maintenance assessments as determined by the Board of Directors in
accordance with the percentage set forth in Section 3D(1). Such assessments shall be computed on a monthly basis following adoption of an annual budget. All such assessments will be due and payable on the first day of the month to which they apply.

C. Special Assessments: Assessments to obtain funds in addition to regular maintenance assessments may be made only under the following conditions:

(1) Assessments to obtain funds to defray unusual or unexpected common expenses incurred, for which the annual budget and current maintenance assessments are unable to provide, shall be paid by the unit owners on the approval of a majority of the Board of Directors and further approval in writing by a majority of the unit owners.

(2) Assessments to obtain funds for capital improvements or major alterations to the building or existing improvements, or for additional improvements to the common areas may be charged to the unit owners only upon approval and adoption in the manner provided in Paragraph 3G(6) of this Declaration.

D. Accounts: All sums collected from maintenance assessments and special assessments may be combined in a single fund or account but shall be held in trust for the unit owners in the respective shares in which they are paid. Such funds shall be transferred to the Associations account as they are needed for payment of expenses incurred. These accounts shall be as follows:

(1) Common expense account to which shall be credited collections of assessments for all common expenses.

(2) Alteration and improvement account to which shall be credited all sums collected for alteration and improvement assessments, if any.

(3) Contingency account, if any, to which shall be credited all sums collected by special assessment or emergency assessment.

(4) Reserve accounts for capital improvements and deferred maintenance.

E . Liability for Assessments: A Unit Owner, regardless of how title is acquired, including a purchaser at a judicial sale, shall be liable for all assessments coming due while he is the Unit Owner. The grantee shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor for his share of the common expenses including attorney's fees and other costs of collection incurred by the Association up to the time of the conveyance, without prejudice to any right the grantee may have to recover from the grantor the amounts paid by the grantee. The liability for assessments may not be avoided by waiver of the use or enjoyment of any common elements or by the abandonment of the Unit for which the assessments are made.

F. Liens. Any unpaid portion of maintenance assessments and special assessments which are past due shall be secured by a lien upon the residential unit, and all appurtenances thereto when a notice claiming the lien has been recorded by the Association in the Public Records of Lee County, but which claim of lien shall not be recorded until the payment is unpaid for not less than 30 days after it is due.

(1) Collection.

(a) Interest: application of payments. Maintenance assessments and special assessments not paid within 30 (thirty) days after the date when due, shall bear interest at the maximum rate allowed by law per annum from the date when due until paid. All payments upon account shall be first applied to interest, then costs, attorney fees, and finally to the payments due. All interest collected shall be applied to common expense. All payments upon account shall be applied to common expense.

(b) Suit: The Association may enforce collection of delinquent accounts by suit at law or by foreclosure of liens, or by any other competent proceeding. In either event, the Association shall be entitled to recover the payments which are delinquent at the time of judgment together with interest thereon at the maximum rate allowed by law and all costs incident to the collection and the proceeding, including reasonable attorney fees. In any foreclosure action, the lien of the Association shall be subordinate and inferior to any mortgage liens of record encumbering such unit. In lieu of foreclosing its lien, the Association may bring suit to recover a money judgment for any sums or assessments required to be paid to the Association without waiving its lien securing payment.

(c) When the mortgagee of a first mortgage of record or other purchaser of a condominium unit obtains title to the condominium as a result of foreclosure of the first mortgage, or as a result of a deed given in lieu of foreclosure, such acquirer of the title and its successors and assigns, is liable for the unpaid assessments that become due prior to the mortgagee's receipt of the deed, but in no event shall the mortgagee be liable for more than six (6) months of the unit's unpaid common expenses or assessments accrued before the acquisition of the title to the unit by the mortgagee or one percent (1%) of the original mortgage debt, whichever amount is less. The first mortgagee's liability does not commence until thirty (30) days after the date the first mortgagee received the last payment of principal or interest. Such mortgagee may obtain title, own, occupy, lease, sell, or otherwise dispose of such unit without the approval of the Association. This subsection shall be deemed amended as necessary to remain in accordance with Section 718.116, Florida Statutes, as it exists from time to time. Any unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all unit owners, including such acquirer, his successors and assigns.

Association address

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

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