MyBrandywine

Brandywine Condominium Association

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


2. DEFINITIONS. The following terms when used in this Declaration of Condominium, the Articles of Incorporation, the Bylaws and in their exhibits, and as they may hereinafter be amended, have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

A. "Act" means the Condominium Act (Chapter 718 of the Florida Statutes) as it now exists or as it may be amended from time to time including the definitions therein contained.

B. "Articles" mean Articles of Incorporation as attached hereto as Exhibit

C. "Assessment" means a share of the funds required for the payment of common expenses, which from time to time is assessed against the Unit Owner.

D. "Association" means BRANDYWINE CONDOMINIUM ASSOCIATION, INC., a Florida Corporation Not For Profit, the entity responsible for operation of the Condominium.

E. "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 leased to the Association for the benefit of its members.

F. "Board" means the Board of Directors of the Association.

G. "Building" means a Building as defined hi Section 718.111(1 l)(b) of the Act.

H. "Bylaws" mean the Bylaws of the Association as attached hereto as Exhibit "D" as may be amended from time to time.

I. "Caregiver" means a person or persons responsible for the care of an aged person or disabled adult. It includes but may not be limited to relatives, adult children, parents, neighbors, day care personnel, and full time nursing personnel.

J. "Charge" or "Fee" means any legal or equitable indebtedness to the Association incurred by, or on behalf of, a Unit Owner, other than Assessments for Common Expenses. Said obligations may arise by oral or written contract, by law or in equity, or may be created by the Declaration or Bylaws. This may be an individual Unit expense rather than a common expense.

K. "Committee" means a group of Board members, unit owners, or Board members and unit owners appointed by the President of the Board to make recommendations to the Board.

L. "Common Elements" mean and include:

(1) The portions of the condominium property not included within the Units.

(2) Easements over, under, across and through Units for conduits, ducts, plumbing, wiring and other facilities for furnishing of utility and other services to Units and common elements.

(3) An easement of support in every portion of a Unit which contributes to support of the building, including but not limited to load bearing interior walls within the Units.

(4) The property and installations required for furnishing of utilities and other services to more than one Unit or to the common elements.

(5) Any other parts of the condominium property designated as common elements in this Declaration.

M. "Common Expenses" mean and include expenses and assessments properly incurred by the Association for the Condominium, including but not limited to expenses of the operation, maintenance, repair, replacement, protection of common elements and Association property, costs of carrying out the powers and duties of the Association, and any other expense, whether or not included in the foregoing, designated as common expense by the Condominium Act, the Declaration, the documents creating the Association, or the Bylaws.

N. "Common Surplus" means the excess of receipts of the Association, including, but not limited to, assessments, profits and revenues on account of the common elements, above the amount of common expenses.

O. "Condominium Documents" means this Declaration and its exhibits including but not limited to the Articles of Incorporation and Bylaws of the Association that set forth the nature of the property rights in the condominium and the covenants running with the land that govern these rights. All of the Condominium Documents are subject to the provisions of the Declaration.

P. "Condominium Parcel" means a Unit together with the undivided share in the common elements appurtenant to said Unit and when the context permits, the term includes all appurtenances to the Unit.

Q. "Condominium Plat" means the Condominium drawings required by Section 718.104 of the Act and recorded in Condominium Book 1444 pages 616 of Lee County, Florida.

R. "Condominium Property" means the land subjected to condominium ownership under this Declaration, improvements on the land, and easements and rights appurtenant thereto intended for use in connection with the Condominium.

S. "County" means the County of Lee, State of Florida.

T. "Declaration" or "Declaration of Condominium" means this instrument as it may be amended from time to time.

U. "Improvement" means structures and artificial changes to the natural environment (exclusive of landscaping) located on the condominium property, including, but not limited to, the buildings.

V. "Mortgagee" means a bank, savings bank, 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.

W. "Majority of Residential Owners" means 176 of the voting interests.

X. "Unit" or "Condominium Unit" means a part of the condominium property subject to exclusive ownership and is referred herein to each of the separate and identified Units delineated in the Condominium Plat. The physical boundaries of each Unit are as delineated in the Condominium Plat and are as more particularly described in Section 3.B of this Declaration. 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.

Y. "Unit Owner" or "Owner of a Unit" means the record owner of legal title to a condominium parcel.


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