Brandywine Condominium Association

DECLARATION OF CONDOMINIUM as adopted January 2, 2006
and amended December 2, 2008, December 7, 2009, January 23, 2012,
and December 6, 2016.

8. USE RESTRICTIONS: The use of the property of this condominium shall be in accordance with the Rules and Regulations attached as Exhibit "E" and the following provisions:

A. Housing for Older Persons. In accordance with the Fair Housing Amendments Act of 1988 as amended by the Housing for Older Persons Act of 1995, and as provided in parallel state or local ordinances, all as amended from time to time, at least one person fifty-five (55) years of age or older must be the permanent occupant of each unit while any other person occupies said unit. Any additional permanent occupant of the unit, who is under the age of fifty-five (55) and age eighteen (18) or older may occupy and reside in the unit as long as one of the permanent occupants is age fifty-five (55) or older, subject to other occupancy restrictions contained in this Declaration, the ByLaws, or the Rules and Regulations. Notwithstanding these provisions, the Board in its sole discretion shall have the right to establish hardship exceptions to permit persons of age eighteen (18) or older and less than fifty-five (55) to permanently reside in the community even in the absence of a person or persons fifty-five (55) years of age or older, provided that said exception shall be limited to a co-habitant or heir of a member but shall not be permitted in situations where the granting of a hardship will result in violating applicable fair housing law standards. Any surviving co-habitant or heir is eligible for membership in the Association and permanent occupancy of a unit provided that he or she has or obtains legal or equitable title to a unit. The Board of Directors shall establish policies and procedures for the purpose of ensuring that the required percentages of occupancy by older persons are maintained at all times. The Board of Directors shall have the sole and absolute authority to deny occupancy of a unit by any person(s) whose occupancy would violate the percentages established by the Fair Housing Amendments Act of 1988 as amended.

B. Single Family Residences. The condominium property shall be used only for single-family residences and for no other purpose. Children under the age of 18 years are not permitted as permanent residents or as guests for periods in excess of sixty (60) days in any one calendar year. A unit owned by an individual, corporation, partnership, trust or other fiduciary may only be occupied by (1) the individual unit owner; (2) an officer, director, stockholder or employee of such corporation; (3) a partner or employee of such partnership; (4) the fiduciary or beneficiary of such fiduciary; or (5) permitted occupant under a lease of the unit (as described below), as the case may be. Occupants of a leased unit must be (1) an individual lessee; (2) an officer, director, stockholder or employee of such corporation; (3) a partner or employee of a partnership lease. In each case, whether owner or lessee, individually and separately, occupancy may include members of his family and guests. Under no circumstances may more than one family occupy a unit at one time. "Members of his family" or words of similar import whenever used herein shall be deemed to mean spouse, parents, parents-in-law, brothers, sisters, children and grandchildren.

C. Nuisances. No nuisances shall be allowed upon the condominium property, nor any use or practice which interferes with the peaceful and proper use of the property by its residents. All parts of the property shall be kept in a clean and sanitary condition.

D. Vehicle Parking.
Passenger vehicles, "non-commercial" pickup trucks, and golf carts may park on streets, driveways or in any other area designated for parking on the Condominium Property. Commercial trucks may only be parked on the Condominium Property for the purpose of performing work, service or repairs on behalf of the owners of the Association. All types of vehicles are prohibited from parking on or blocking sidewalks. No overnight street parking is permitted.

Motor homes, buses, trailers, recreational vehicles, campers or vehicles converted to such use, and storage containers, may be parked for periods of not more than forty-eight (48) hours to load/unload, to clean and service or when work is being performed on behalf of the unit owners of the Association. When requested, the Association Manager with approval of the Board of Directors may grant exemptions to the 48 hour provision when unusual circumstances are present.

Vehicles without a current, valid registration or tag(s) properly displayed, covered vehicles, vehicles placed on blocks or jacks, or unsightly vehicles (inoperable, severely damaged and/or missing parts, leaking fluids, and/or in any other state of disrepair or condition as determined by the Board of Directors) may not be parked on streets, driveways or in any visible area (including Hazeltine model carports) designated for parking on the Association property.

Golf carts are not allowed to be parked blocking the front entrance of any unit. Any operator of a golf cart must be a licensed driver or over the age of 18. Any minor operating a golf cart must be accompanied by an adult. The operation of a golf cart must be done in a safe and prudent manner. The unit owner and/or the golf cart operator shall be responsible for personal or property damage incurred as a result of a careless or negligent act committed by the golf cart operator.

E. Lawful Use. No immoral, improper, offensive or unlawful use shall be made of the condominium property or any part thereof, and all valid laws, zoning ordinances and regulation of all governmental bodies having jurisdiction thereof shall be observed.

F. Leasing. Only entire units may be leased or rented. Units shall not be rented for transient or hotel purposes, which are defined as: (1) rental for any period less than 90 (ninety) days one (1) year; or (2) a rental for any period if the occupants of the unit are provided with any customary hotel services, such as room service for food and beverages, maid service, laundry and linen, and bellboy service. With the exception of rentals for transient or hotel purposes, unit owners may lease or rent their unit, provided such leases or rental agreements are subject to the covenants and restrictions contained in this Declaration, in the ByLaws and in the Rules and Regulations of the Association as such documents from time to time be amended, and also subject to the approval of the Association. All leases or rental agreements must be in writing and a copy thereof furnished to the Association prior to occupancy by the tenant. If the lessee is a corporation, the approval may be conditioned upon the approval of all persons expected to be the prospective occupants of that unit

G. Regulations. Reasonable regulations concerning the use of the condominium property may be made and amended from time to time by the Board of Directors of the Association, upon the approval of at least two-thirds (2/3rds) of the voting interests in person or by proxy, and voting at a duly called meeting of the Association.

H. Maximum Number of Units Owned. No natural person, or artificial entity (including, but not limited to. corporations, limited liability companies, partnerships, or trusts'). or any officer, director, member, manager, shareholder, general partner, limited partner. beneficiary, trustee. or principal thereof, may hold a legal, equitable or contractual interest in more than two (2) units within the Condominium at the same time. Neither shall any artificial entity which* has officers, directors, shareholders, members, managers, beneficiaries, trustees, or similar persons, in common with any other artificial entity, or individual unit owner hold an interest in more than two (2) units within the Condominium at the same time. Further, no person who is related to a unit owner by blood, marriage, or adoption) or who has contractual relationships with another unit owner involving unit ownership matters, shall be permitted to own a unit, unless said person acquires and actually uses said unit as a bona fide residence for said person. Any person or entity owning two (2) units must be the permanent occupant of one of said units and may rent the other. It is the intention of this clause that owners shall only own a maximum of two (2) units, shall reside in one of them and that groups of units shall not be owned by individuals, families, or artificial entities for investment/rental purposes.

Association address

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

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