Brandywine Condominium Association

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


A. Liberal Construction. The provisions of the condominium documents, shall be liberally constructed to effectuate their purposes, and shall not be construed more favorably towards one party than towards the other, nor more strictly against one party than against the other.

B. Ratification. Each unit owner, by reason of his ownership of a unit (whether such ownership is acquired by purchase, gift, operation of a law or otherwise), and each occupant of a unit, by reason of his occupancy of a unit, shall be deemed to have acknowledged and agreed to comply with and abide by all of the provisions of these condominium documents, and shall be deemed to have acknowledged and agreed that all of the provisions of these condominium documents are fair and reasonable in all material respects.

C. References to Existing Law. The validity, application and construction of the condominium documents shall be governed by Florida Law. Anything contained in the condominium documents to the contrary notwithstanding, references in the condominium documents to Florida Statutes, the Florida Administrative Code, the Condominium Act, Florida Law, the requirements of law, and the like, shall be deemed, (unless otherwise stated in the subject language) to refer only to such law or provisions thereof in existence at the time of recording of this Declaration of Condominium, and shall not include amendments to, changes in, modifications or enlargements of that law.

D. Singular, Plural, Gender. Whenever the content so permits, the use of the
plural shall include the singular, the singular the plural, and use of any gender shall be deemed to include all genders.

E. Captions. The captions in these condominium documents are inserted as a matter of convenience and for ease of reference and in no way define or limit, and shall not be construed as defining or limiting, the scope of the particular document or any provision thereof.

F. Conflicts. In the event of a conflict between any provision of this Declaration and the Articles of Incorporation or ByLaws of the Association, the provisions of this Declaration shall control.

G. Notices. Notices to the Association required or desired hereunder or under the Bylaws of the Association shall be sent by mail to the Association at the address the Association may designate from time to time by notice in writing to Unit Owners. Except as provided specifically by law, notices to any Unit Owner may be sent by electronic transmission, first class mail or hand delivery to the address as may be designated by him from time to time, in writing to the Association.

H. Exhibits. There is hereby incorporated in this Declaration any materials contained in the exhibits annexed hereto and to the original Declaration which under the Act are required to be part of the Declaration.

I. Signature of President and Secretary. Wherever the signature of the President of the Association is required hereunder, the signature of a Vice-president may be substituted therefore, and wherever the signature of the Secretary of the Association is required hereunder, the signature of an Assistant Secretary may be substituted therefore, provided that the same person may not execute any single instrument on behalf of the Association in two separate capacities.

J. Governing Law. Should any dispute or litigation arise between any of the parties whose rights or duties are affected or determined by this Declaration, the exhibits annexed hereto or the Rules and Regulations adopted pursuant to such documents, as the same may be amended from time to time, said dispute or litigation shall be governed by the laws of the State of Florida.

K. Waiver. No provisions contained in this Declaration, the Articles, Bylaws, or Rules and Regulations shall be deemed to have been waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches, which may occur.

Association address

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

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