MyBrandywine

Brandywine Condominium Association

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

9. CONVEYANCES. In order to assure a community of congenial residents and thus
protect the value of the units, the sale and mortgaging of units by any owner shall be subject to following provisions so long as any building in useful condition exists upon the land.

A. Transfer. No unit owner may sell, lease, rent, give or dispose of a unit in any manner without the prior approval of the Association, expressed through the Board of Directors. If the purchaser is a corporation, the approval may be conditioned upon the approval of all persons expected to be the prospective occupants of that unit. In any circumstance, the approval will be subject to Paragraph 8A of this Declaration. The approval of the Association shall be obtained in the manner hereinafter provided:

(1) Notice to Association. A unit owner intending to make a transfer of any interest therein shall give notice to the Association of such intention together with the name and address of the intended purchaser, transferee or lessee, a copy of the transfer instrument (purchase agreement, lease, etc.), and such other information as the Association may reasonably require, and the terms of the proposed transaction. The Association is authorized to charge a fee at the rate allowed by law to cover administrative and credit report costs involved in investigating the prospective purchaser, lessee or transferee, etc.

(2) Election of Association. Within 30 (thirty) days after receipt of such notice and the information required, the Association must either approve the transaction or, if the notice given by the unit owner shall so demand, furnish a purchaser approved by the Association who will accept the transaction upon terms as favorable to the seller as the terms stated in the notice, to whom the unit owner must sell.

(3) Exception. The restrictive provisions as to sales under this section shall not apply to a mortgage lender, or when the purchaser approved by the Association who will accept the transaction upon terms as favorable to the seller as the terms stated in the notice, to whom the unit owner must sell.

B. Judicial Sales. No judicial sale of a unit nor any interest therein shall be valid unless the sale is to a purchaser approved by the Association, which approval shall be in recordable form and shall be delivered to the purchaser and recorded in the public records of Lee County, Florida.

C. Unauthorized Transactions. Any sale of a unit, which is not authorized pursuant to the terms of this Declaration, shall be void unless subsequently approved by the Association.

D. Exceptions. The foregoing provisions of this section entitled "CONVEYANCES" shall not apply to a conveyance, transfer to, or purchase by, a lender that acquires its title as a result of owning a mortgage upon the unit concerned, and this shall be so whether the title is acquired by deed from the mortgagor, his successors or assigns, or through foreclosure proceedings; nor shall such provisions apply to a conveyance, transfer or sale by a lender that so acquires title.

E. No Ownership Interest in any unit shall be conveyed in any manner or by any method for a period of time less than a life estate.


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