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IN THE CIRCUIT COURT OF THE
FIRST JUDICIAL CIRCUIT, IN AND
FOR WALTON COUNTY, FLORIDA
caAsENO._\CL CA LO
ASSOCIATION PARTNERS, LLC, PLAINTIFF
vs.
WILLIAM D. PAYNE AND
LOIS E. PAYNE, HUSBAND AND WIFE, DEFENDANTS
STATEMENT OF CLAIM
Zhe WV LZ 9ny GlO2
Plaintiff, Association Partners, LLC, as Assignee-in-Interest, Agent and Attorney-in-Fact
for The Crossings at Watersound Owners Association, Inc. (the “association”) Plaintiff, sues
William D. Payne and Lois E. Payne (collectively, the “Paynes”), Defendants, and alleges:
1. This is an action for damages which does not exceed $100,000.00.
2. The Defendants are the former owners of the real property located at 429 S. Bridge
Lane, A-107, Santa Rosa Beach, Florida 32459. Said real property was under the The
Crossings at Watersound Owners Association, Inc., formerly known as Watersound
Beach Community Association, Inc, during the time of ownership. A copy of the
recorded General Warranty Deed dated April 15, 2005, is attached hereto as “Exhibit
A”, Warranty Deed dated December 14, 2007, is attached hereto as “Exhibit B”. The
second deed was recorded to clear title when the homeowners association merged
from Watersound Beach Community Association, Inc., and became The Crossings at
Watersound Owners Association, Inc.
3. On February 5, 2013, the association filed a foreclosure action against the Paynes in
Civil Action Court Case No. 2013 CA 108, Walton County, Florida. The outcome
was an Order Cancelling Foreclosure Sale and Vacating Final Judgment. A copy of
the docket summary is attached as “Exhibit C”.
4. A Certificate of Title was recorded on January 20, 2017, transferring the property to
the Mortgagee, Wilmington Savings Fund Society FSB D/B/A Christiana Trust Not
In Its Individual Capacity But Solely As Trustee for Brougham Fund I Trust C/O BSI
Financial Services, Inc. (“Wilmington Savings”), 7500 Old Georgetown Road, Suite
1350, Bethesda, MD 20814. A copy is attached hereto as “Exhibit D”.
5. The transfer of title took place after a stipulated foreclosure judgment was entered
between Wilmington Savings and the Paynes in Civil Action Court Case No. 2015
CA 000468, Walton County, Florida. The docket summary is attached as Exhibit “E”.
. Page 1 of 26. The basis for the claim is unpaid homeowner association dues and assessments,
including interest, late fees and collection costs pursuant to’718.116 Fla. Stat. A copy
of the recorded Declaration of Condominium for The Crossings at Watersound
Owners Association, Inc., recorded in Official Records Book 2781 Pages 1169-1226,
is attached as “Exhibit F”.
7. Plaintiff claims the amount of $91,909.70 as being due from said Defendants for
unpaid homeowner association assessments. This amount includes maintenance fees,
interest, and collection costs.
8. The Defendants were delinquent on the homeowner association assessments and dues
from January 1, 2012 to March 7, 2017. This action is for the expenses through April
1, 2016. A copy of the Resident Transaction Report detailing all of the charges is
attached hereto as “Exhibit G”.
9. Plaintiff alleges that the association has the right to recover a money judgment
pursuant to Article XI (11.6) of the Declaration of Condominium of The Crossings at
Watersound.
10. Plaintiff claims the amount of $91,909.70 as being due from said Defendants for
unpaid homeowner association assessments and all charges related thereto.
WHEREFORE, Plaintiff demands judgment in the amount of $91,909.70, plus all costs
of this action.
Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged
are true, to the best of my knowledge and belief.
Signed on. Aug 26 , 2019.
Br Decleor, Sr.
Thomas C. Proctor, Sr.,
Managing Partner of Association Partners, LLC,
as Assignee-in-Interest, Agent and Attorney-in-
Fact for The Crossings at Watersound Owners
Association, Inc. .
Page 2 of 25/21/2019 Landmark Web Official Records Search
CFN # 886115, OR BK 2666 Page 3992, Recorded 04/29/2005 at 02:30 PM, MARTHA
INGLE, WALTON COUNTY CLERK OF COURT DOC STMP-D: $15575.00 Deputy Clerk P RICE
EXHIBIT A
Prepared by:
fonts wane PAL Rec. Fees ee 2
5365 E.Highway 30A, Saito 105 Doc, Stamps 7S 525-2 LEE ZS-
‘Seagrove Beach, Florida 32459 Int. Tax
Total TS SBS
Filo Number: FHWOS-168,
ity Unsatisfactory
ini
For Soanning General Warranty Deed
Mado this L5 aay of April, 2005 A.D. By ‘Engenla Winwood, a married woman, whose post affice ackiress is 1865 Laure] Ridge
Drive, Nashville, Teanessee 37215, bereinaficr calied the grantor, to Lois B. Payac and William D. Payne, bsband and wife, whose
‘post office address is: 1891 Scenic Gulf Dr., Miramar Beach, FL, 3250, hereinafter called the grantee:
(Wtever sed bee ta ern “gomaloe” end pants tho atte hea, gat iv a i
sn the wuccemcs ind eanpns of eneporatons)
‘Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable
‘considerations, receipt whereof is bareby acknowledged, bereby grants, bargains, sells, aliens, remises, releases, conveys and confirms
‘unto the grantee, al that certein land sitaate in Walton County, Florida, viz:
Unit 107, Building A, WATERSOUND BEACH RESIDENCES AT SOUTH BRIDGE AND BRIDGE LANE PHASE TV,
‘according to the Plat thereof as recorded in Plat Book 15, Pago(s) 85-851, of the Public Records of Watton County, Florida.
‘Said property is not the homoetead of the Grantor(s) under the laws and constitution of the State of Florida in that neither Grantor(s) or
‘any members of the household of Grantor(s) reside thereon.
Parcel ID Number: 29-95-18-16130-000-6107
‘Together with oll tho tencments, berediinments and appurtenances thereto belonging or in auywize appertaining.
To Have and to Hold, the same in feo simple Sxever.
And the grantor hereby covenants with said granteo that the grantor is lawfully seized of «aid land in tbe sisple; that the
‘grantor has good right and lawful muthority to sefl and convey aaid lend; that the grantor hereby fally warrants tbe title to said land and
‘will defend the camo against the lawfal claims of all persons whomsoever; and thot said land is fee of all encumbeanoes except taxes
accriing subsequent to December 31, -
s In Witness Whereof, the said grantor has signed and sealed these presents the day and year first shove written.
a Signed, seated and lpelel cer Preece:
ty
Ss ‘Witeam Piatet Name Sod 2 AALS EARL A EBLY je8 noel Ridgo Drive, Neste, Tennecsao 37215
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BRIAN REGINALD JONES: Rote D2raw LE Tanke
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NOTARY PUBLIC, CHELTENHAM, UNITED KINGDOM
‘DRED Individnal Wamcty Dost With Noo amas Leg on Fae
Caw Choise
Agen oe NOTARY PUBLIC. 4
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512112019 Landmark Web Official Records Search
CFN # 1025293, OR BK 2782 Page 4975, Recorded 01/16/2008 at 03:19 PM, MARTHA
INGLE, WALTON COUNTY CLERK OF COURT Deputy Clerk L PIPPIN
— EXHIsitT &
Prepared by:
Kristin A. Gardner
Dunlap, Toole, Shipman & Whitney, P.A.
1414 County Highway 283, South
Suite B
Santa Rosa Beach, FL 32459
WARRANTY DEED
This WARRANTY DEED, dated this the|Ytt day of December 2007 by The
Crossings at WaterSound Owners’ Association, Inc., hereinafter called the GRANTOR,
to Lois E. Payne and William D. Payne, husband and wife, whose address is 1891 Scenic
Gulf Drive, Miramar Beach, Florida 32550, hereinafter called the GRANTEE.
(Wherever used herein the terms “GRANTOR” and “GRANTEE” include all parties to this instrument and
the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.)
Witnesseth, that the GRANTOR, for and in consideration of the sum of $10.00
and other valuable considerations, receipt whereof is hereby acknowledged, hereby
grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the
GRANTEE, all that certain land situate in Walton County, Florida, and more particularly
described as follows:
Unit 107A of the The Crossings at WaterSound, a condominium, according to the
Declaration of Condominium thereof recorded in Official Records Book 2781
Page(s) 1169-1226, of the public records of Walton County, Florida and together
with an undivided share in the common elements appurtenant thereto.
Subject to the Declaration of Condominium for The Crossings at WaterSound
Owners’ Association, Inc., and all exhibits thereto, as recorded in Official Records Book
2781, Page(s) 1169-1226, Public Records of Walton County, Florida, as amended and
supplemented.
Together with all singular tenements, hereditaments and appurtenances thereunto
belonging or in any way appertaining.
‘To Have and to Hold, the same in fee simple forever.
orsearch.clerkofcourts.co.walton.fl.us/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#ou
5/21/2019 Landmark Web Official Records Search
CFN 1025293 OR BK 2782 PG 4976
In Witness Whereof, GRANTOR has signed and sealed these presents the date set
forth above.
Signed, sealed and delivered in the presence of:
‘The Crossings at WaterSound Owners”
Association, Inc., a Florida non-profit
corporation
by_ Conn B. Moseley
Print same Aran B.Weseley
Its: President
orsearch.clerkofcourts.co.walton.fl.us/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#
213a
§/21/2019 Landmark Web Official Records Search
CEFN 1025293 OR BK 2782 PG 4977
STATE OF FLORIDA
COUNTY OF WALTON
by acknowledged that on the WW aay of December, 2007 personally appeared
, as President of Crossing at WaterSound Owners”
Association, inc. ‘() who is personally known to me or (_) who produs
as identification and who did
a
NOTARY PUBLIC )
My commission
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‘Case Number Filed Date | County | Case Type, I ‘Status [Contested Jury Tal
/Sez013ca00nr0scanKK
DISCAODOTOREANO gaszo1s WALTON Cee O97. CcLOsEO CASE No No
ring bate I eserpion I ‘ave I Contstoa Judgment Dolo
2 'RPINF-OTH REAL PROP ACTIN SO.
02)082013 CAL Pr No No :
Party Name Party Type ‘Attorney I ‘Bar ID
RASMUSSEN, PAULA wuDGE
RASMUSSEN, PAULA JUDGE AT DISPOSITION
[CROSSING AT WATERSOUND OWNERS PLANTIFE CCOTHRAN, ANNA GRACE 2546,
PAYNE, WiLIAM D DEFENDANT ‘CREW, JILL WARDEN e120
PAYNE, LOIS DEFENDANT (CREW, JILL WARDEN er205,
[SE PROPERTY HOLOWNGS LLC DEFENDANT
[UNITED STATES OF AMERICA OEFENOANT
[Dockets Cy
“ji :
Co Gens)
Iinage | Doct | Action Dato Description Pages
a ‘9372013 ORDER CANCELLING FORECLOSURE SALE AND VAGATING FINAL JUDGMENT 2
2 0182013 LETTER TO DUNLAP SHIPMAN PA 2
“a 03/182013 —_-PROPOSED GRDER CANCELING FORECLOSURE SALE AND VACATING FINAL JUDGMENT 2
40 0si182013 AGREED MOTION TO CANCEL FORECLOSURE SALE AND VACATE FINAL JUDGMENT 2
7 071102013 ORDER CANCELLING AND RESCHEDULING FORECLOSURE SALE 3
38 ‘O7H87013 AGREED MOTION TO CANCEL AND RESCHEOULE FORECLOSURE SALE 2
| #8 o7m87013 PROOF OF PUBLICATION 1
| 35 srtezo13 __FINAL DISPOSITION FORM: 1
[Cranes
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4Deputy Clerk MORRISON — EXHIBIT D>
‘& . .
Filing # 51431155 E-Filed 01/20/2017 01:4739 PM
JIN 1 CUCCULL CUURL UF LB PU 1 JUVICIAL
CIRCUIT OF FLORIDA IN AND FOR WALTON
COUNTY
GENERAL JURISDICTION DIVISION
CASE NO. 2015-CA-000468
WILMINGTON SAVINGS FUND SOCIETY FSB
D/B/A CHRISTIANA TRUST NOT IN ITS
INDIVIDUAL CAPACITY BUT SOLELY AS
TRUSTEE FOR BROUGHAM FUND I TRUST,
Plaintiff,
vs. DEEDDOCSTAMPS = $_&2 9, 10
: MORTGAGE DOC STAMPS $
WILLIAM D. PAYNE, LOIS E. PAYNE, UNITED ‘
STATES OF AMERICA, DEPARTMENT OF THE ___ J INTANGIBLE Tax 7 8
TREASURY - INTERNAL REVENUE SERVICE, PENALTY$ INTEREST $.
VISION BANK, THE CROSSINGS AT - PAID ON__3 -9.- 177
WATERSOUND OWNERS ASSOCIATION, INC., cqui RK OF COURTS.
WATERSOUND BEACH COMMUNITY ED DEPUTY CLERI
ASSOCIATION, INC., COASTLINE ENGINEERING K
& CONSTRUCTION, INC., UNKNOWN TENANT IN
POSSESSION 1, UNKNOWN TENANT IN
-POSSESSION 2, 7 .
Defendants J
CERTIFICATE OF TITLE
‘The undersigned, FIRST JUDICIAL CIRCUIT, Clerk of the Court, hereby certifies that a certificate of sale has
been executed and filed in this action on'{YYah ch 9, A0/? for the property described herein and that no objections to the
sale have been filed within the time allowed for filing objections.
The following property in WALTON County, Florida:
Unit 107, Building A, WATERSOUND BEACH RESIDENCES AT SOUTH BRIDGE AND BRIDGE LANE
PHASE IV, according to the plat thereof as recorded in Plat Book 15, Page(s) 85-85J, of the Public Records of
Walton County, Florida and subject to the Declaration of Covenants, Conditions, and Restrictions for WaterSound
as recorded in Official Records Book 2350 Page 158 of the Public Records of Walton County, Florida.
NOW KNOWN AS:
Unit 107A, of THE CROSSINGS AT WATERSOUND, A CONDOMINIUM, according to the Declaration of
Condominium thereof recorded in Official Records Book 2781 Page(s) 1169-1226, of the Public Records of
‘Walton County, Florida and together with an undivided share in the common elements appurtenant thereto.
AKA 429 S. Bridge Lane, A-107, Santa Rosa Beach, FL32459 ©
was sold to: WILMINGTON SAVINGS FUND SOCIETY FSB D/B/A CHRISTIANA TRUST NOT IN ITS
INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR BROUGHAM FUND I TRUST
C/O BSI Financial Services, Inc., 7500 Old Georgetown Road, Suite 1350, Bethesda, MD 20814
Dated tis |“) day oc LOATA 201.
CLERK OF THE CIRCUIT COURT
As Clerkof the Cot
BY eee Ce
Deputy Clerk
110 SE 6th Street, Suite 2400
Fort Lauderdale, FL 33301
5309129 15-03105-4
Electronically Filed Walton Case # 15000468CAAXMX 01/20/2017 12:47:39 PM9/24/2019
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lisionennx DEFENDANT CGUFFORD, CHARLES PORTER exis
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PAYNE. WILLAMD DEFENDANT CGUFFORD, CHARLES PORTER coos
PAYNE. LOISE DEFENDANT ‘GUFFORO. CHARLES PORTER cates
UMTED STATES OF AMERICA OEPAR DaFENOANT ‘GUFFORD. CHARLES PORTER coxois
TH CROSSINGS AT WATERSOUND OW DEFENDANT GGUFFORD, CHARLES PORTER euisis
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S 122 05/17/2017 CERTIFICATE OF TITLE 2
123092017 PAYMENT RECEIVED: 28770 RECEIPT NUMER WX 5482
12) 0408007 -——ASSESSMENT 6 ASSESSED AT SUM $262.70
10 072017 PAYMENT RECEIVED: $70.00 RECEIPT NUMBER MX 95259
118 ONTROIT ASSESSMENT 5 ASSESSED AT SUM S70<0
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a {17292016 __STPULATIONTO CONSENT TO ENTRY OF FNAL JUDGMENT OF FORECLOSURE 2
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https:/Awww.civitekflorida.com/ocrs/app/caseinformation.xhtml?query=ZP-d_84qz1I IB8odmeR8i3kLSSNzde6r6fVO5T2e56pk&from=caseSearchTab 3/3INGLE, WALTON COUNTY CLERK OF COURT Deputy Clerk C FOREHAND
~ EXHIBIT FE
THE CROSSINGS AT WATERSOUND,
A CONDOMINIUMVill.
XVI.
XVII. Compliance and Default.
THE CROSSINGS AT WATERSOUND, a condominium
TABLE OF CONTENTS
PULPOSE.......ee cece cece cece cence eeeeeeeeeeeeceeereneeceeeecsaeueaneesererseseseseenees 1
Definitions..........sscccesvecseeseseeeeeeeeeeeeseeeneeseeeeecaueseeesnseseeeereueseen 2
Unit Boundaries.............cccseeseeseeeseeeeeeeeecesuseeecauaeenaaaereeerseeeeseeeres 3
Common Elements and Limited Common Elements.............+.sseceeeeeeeeee 4
Ownership Rights...........:ssssseessecccceaenteceenseeseccereteeeeneecseneereseesee 5
Restraint Upon Separation and Partition of Common Elements................ 5
Percentage of Ownership of Common Elements..............:0scessseeeeneeeeee 6
Common Expense and Common Surplus...........:c-:sseceennneseeenaeeeeeneenee 6
Maintenance, Alterations and Improvements..............:sssecseeseseeeeeeeeed 6
The Association.......ccc.cccceeeseceeeeeeeenaeeeceneneeeereaneeesceaneceenaeeeeenaats 9
Assessments..
Use Restrictions.........:cecccseeseeseeeeeaeseeeeceneeesneeneeecaeeeaeaeareeuunseees 12
Easements...
TNSUTANCE..... seers e cence ence eee ceeeeeeeeeeeeeen nese eeeeneeseaeeepesaaeeeunenae nes 15
Reconstruction and Repair After Casualty..
Master Association............-+006+ sd ecceeuenenereeseeceeeeuesseerseesenenserecneses 18
XVIII. Official Records. .......cccccetececseeee nsec eeeeeeeeeaeeea eeu nee aueeaweeeee ere gee nene 19
XIX.
Termination, .XX. Amendments
XXI._ Interpretation.Prepared by:
Gary A. Shipman
Dunlap, Toole, Shipman & Whitney, P.A.
1414 County Hwy, 283 South, Suite B
Santa Rosa Beach, FL 32459
- THE CROSSINGS AT WATERSOUND,
A CONDOMINIUM
DECLARATION OF CONDOMINIUM
THIS DECLARATION OF CONDOMINIUM (as amended from time to time,
this “Declaration”) is made as of . by The Crossings at
WaterSound Owners Association, Inc., a Florida not for profit corporation, together with
its successors and assigns (“Declarant”). Declarant hereby declares as follows:
1 PURPOSE
The purpose of this Declaration is to submit the lands and improvements to such
lands as described in Exhibit “A” of this Declaration to the condominium form of
ownership and use in the manner provided by Chapter 718, Florida Statutes (hereinafter
referred to as the “Condominium Act”), and the Declarant does hereby submit the lands
described in this instrument and improvements on such lands to the condominium form
of ownership and use.
1.01 The name by-which this Condominium is to be identified is “The
Crossings at WaterSound, a Condominium.”
1.02 The address of this Condominium is 133-H South WaterSound Parkway,
WaterSound Beach, Florida, 32413.
1.03 The lands owned by Declarant, which by this instrument are submitted to
the condominium form of ownership, are those certain lands lying in
Walton County, Florida, as described in Exhibit “A”, attached hereto and
made a part hereof, and such land shall be subject to the conditions,
restrictions, limitations, easements, and reservations of record.
1,04 All provisions of this Declaration shall be construed to be perpetual
covenants running with the Land, and with every part thereof and interest
therein, and every condominium parcel owner and claimant of the
property within the condominium, and his or her heirs, executors and
administrators, successors and assigns, shall be bound by all of theprovisions of the Declaration, unless the Declaration shall be terminated
pursuant to the Condominium Act and/or as provided herein.
1. DEFINITIONS
Basic Definitions
As used in this Declaration, the following terms have the meanings given to them
as stated below:
@
(b)
©
@
©
@
(g)
(h)
“Articles” and “Bylaws” means the Articles of Incorporation and the
Bylaws of the Association, as the same may be amended from time to
time, a copy of both made a part hereof and attached hereto as Exhibits B
and C, respectively
“Assessment” means a share of the funds which are required for the
payment of common expenses which from time to time are assessed
against each unit owner.
“Association” and “Declarant” mean The Crossings at WaterSound
Owners Association, Inc., the nonprofit Florida corporation responsible
for the operation of the Condominium.
“Association Documents” means this Declaration, and all exhibits hereto,
including the Articles and the Bylaws, as the same may be amended from
time to time.
“Association Property” means that property, real and personal, which is
owned or leased by, or is dedicated by a recorded plat to the Association
for the use and benefit of its members.
“Board of Directors” or “Board” means those persons elected or appointed
as the directors of the Association.
“Common Elements” means the portion of the Condominium Property not
included in the Units, as more fully set forth in Section IV of this
Declaration.
“Common Expenses” means the expenses of administration, maintenance,
operation, repair and replacement of the Condominium Property as well as
any Association Property and any other properties owned by the
Association, other expenses declared by the Association or this
Declaration to be Common Expenses and any other valid expenses or
debts of the Condominium as a whole or the Association, which are
assessed against the unit Owners.@
@)
(k)
@
(m)
(n)
(0)
(p)
@
“Condominium Parcel” means a Unit together with the undivided share in
the Common Elements which is appurtenant to the Unit.
“Condominium Property” means and includes all lands that are subjected
hereunder to condominium ownership and all improvements thereon and
all easements and rights appurtenant thereto intended for use in connection
with the Condominium, which lands have also been described in Exhibit
“An,
“Guest Quarters” means a limited common element more particularly
described in Article IV herein, which is to be owned and conveyed as a
part of a unit, except as otherwise provided herein, and which is located
within a detached garage building containing one or more enclosed
parking bays.
“Limited Common Elements” means those portions of the Common
Elements allocated by the Declaration or by operation of the Act for the
exclusive use of one or more Units, but fewer than all of the Units.
“Master Association” means WaterSound Beach Community Association,
Inc., a Florida not-for-profit corporation, its successors or assigns, which
operates and maintains the common properties serving the WaterSound
Beach Community.
“Master Declaration” means the Declaration of Covenants, Conditions and
Restrictions for WaterSound Beach recorded in Official Records Book
2450, Page 158 of the public records of Walton County, Florida, as
amended, modified and supplemented from time to time, which Master
Declaration is an encumbrance on the Condominium as more fully set
forth in Article XVI.
“Unit” means a part of the Condominium Property which is to be subject
to private ownership.
“Unit Owner” means the record holder of legal title to the fee simple
interest in any Unit.
“WaterSound Beach” or “WaterSound Beach Community” means and
refers to that certain planned community as more fully described in the
Master Declaration, as amended and supplemented from time to time.
I. UNIT BOUNDARIES
Each Unit is identified by a specific numerical or numerical/alphabetical
designation as set forth in Exhibit “B”.3.1 Upper and Lower Boundaries. The upper and lower boundaries of the unit
shall be the following boundaries extended to an intersection with the perimetrical
boundaries:
3.1.1 Upper Boundary shall be the horizontal plane of the
undecorated, unfinished ceiling.
3.1.2 Lower Boundary shall be the horizontal plane of the
undecorated, unfinished floor.
3.2 Parametrical Boundaries.
The parametrical boundaries of the unit shall be the vertical plane of the
undecorated and/or unfinished inner surfaces of the walls bounding the unit, extended to
intersection with each other and with the upper and lower boundaries.
3.3 Boundaries— Further Defined
The boundaries of the unit shall not include all of those spaces and improvements
lying within the undecorated and/or unfinished inner surfaces of the perimeter walls and
those surfaces above the undecorated finished ceilings of each unit, and those surfaces
below the undecorated finished floor of each unit, and further, shall not include those
spaces and improvements lying within the undecorated and/or unfinished inner surfaces
of all interior bearing walls and/or bearing partitions, and further, shall exclude all pipes,
ducts, wires, conduits and other utilities running through any interior wall or partition for
the furnishing of utility services to other units and/or for the common elements.
Iv. COMMON ELEMENTS AND LIMITED COMMON ELEMENTS
4.01. Common Elements. There shall pass appurtenant with each unit an
undivided share in the common elements. The common elements shall include the
following:
4.01.1 All condominium property which is not included within the units.
4.01.2 Easements through units for conduits, ducts, plumbing, wiring, and
other facilities for the furnishing of utility services to units and the common
elements.
4.01.3 An easement of support in every portion of a unit which
contributes to the support of a building.
4.01.4 The property and installations required for the furnishing of
utilities and other services to more than one (1) unit or to the common elements.4.02 Limited Common Elements. Limited common elements, as the term is
used herein, shall mean the common elements which are reserved herein, or assigned, or
granted separately herefrom, for the use of.a certain unit to the exclusion of other units,
and shall include:
4.02.1 Any balcony, lanai, terrace, patio or porch (and all improvements
thereto) as to which direct and exclusive access shall be afforded to any particular
unit or units to the exclusion of others;
4.02.2 Garage parking space(s) assigned to a particular unit.
Notwithstanding any provision to the contrary contained herein, any unit owner
may assign his or her exclusive right to use the garage parking space to any other
unit owner, either permanently or temporarily, and either together with or without,
transfer of the unit itself. Said transfer or conveyance shall be only to other unit
owners within the Association and must be evidenced by an assignment recorded
in the Walton County public records.
4.02.3 Guest Quarters, the boundaries of which are the same as those
described for the boundaries of a Unit under Article Ill of this Declaration.
Notwithstanding any provision to the contrary contained herein, any unit owner
may assign his or her exclusive right to use the Guest Quarters to any other unit
owner, either permanently or temporarily, and either together with or without,
transfer of the unit itself. Said transfer or conveyance shall be only to other unit
owners within the Association and must be evidenced by an assignment recorded
in the Walton County public records.
4.02.4 Allitems listed for unit owner maintenance not located within the
unit and listed in Section 9.1.2 below.
Vv. OWNERSHIP
5.1 Type of Ownership. Ownership of each condominium parcel shall be
in fee simple pursuant to and subject to this Declaration. No timeshare estates shall be
created or sold.
5.2 ‘Association Membership. The owners of record of the units shall be
members of the Association. There shall be one (1) membership per unit and one(1)
vote per unit. Where there is more than one record owner of a unit, the voting member is
that unit owner designated by the owners of a majority interest in a unit to cast the vote
appurtenant to such unit.
5.3 Unit Owner’s Rights. The owner of the unit is entitled to the exclusive
possession of his unit. He or she shall be entitled to use the common elements in
accordance with the purposes for which they are intended, but no such use shall hinder or
encroach upon the lawful rights of owners of other units. There shall be a joint use of the
common elements and a joint mutual easement for that purpose is hereby created.VI. RESTRAINT UPON SEPARATION AND PARTITION OF COMMON
ELEMENTS :
The fee simple title of each condominium parcel shall include both the
condominium unit and undivided interest in the common elements; said undivided
interest in the common elements is deemed to be conveyed or encumbered with its
respective condominium unit, even though the description in the instrument of
conveyance may refer only to the fee simple interest to the condominium unit. Except as
otherwise provided herein, the share in the common elements appurtenant to a unit cannot
be conveyed or encumbered except together with the unit. Any attempt to separate
and/or any action to partition the fee simple title to a condominium unit from the
undivided interest in the common elements appurtenant to each unit shall be null and
void.
Vil. PERCENTAGE OF OWNERSHIP OF COMMON ELEMENTS
Each of the unit owners shall own an undivided equal interest in the common
elements.
VII. COMMON EXPENSE AND COMMON SURPLUS
_8.1 Common Expense. The common expenses to be borne by each unit owner
shall be an equal share of the total expenses and costs of the Association. Each unit
owner shall be responsible for an equal portion of the common expenses and costs, and
such share shall be a fractional share based on the total number of units in the
condominium.
8.2 Common Surplus. Any common surplus shall be owned by each unit
owner in the same proportion as their percentage liability for common expenses.
IX. MAINTENANCE, ALTERATIONS AND IMPROVEMENTS
Responsibility for the maintenance of the condominium property and restrictions
upon its alterations and improvements shall be as follows:
9.1 Units
9.1.1 By the Association: The Association shall maintain, repair, and
replace, at the Association’s expense:
9.1.1.1 All portions of a unit contributing to the support of
the condominium building, which portions shall include, but not be limited
to, outside walls of the condominium building and all fixtures on itsexterior, those portions of boundary walls not a part of a unit; floor and
ceiling slabs; load-bearing columns and load-bearing walls.
9.1.1.2 All conduits, ducts, plumbing, wiring, and other
facilities for the furnishing of utility services contained in the common
elements and the portions of a unit maintained by the Association; and all
such facilities contained within a unit that service part, or parts, of the
condominium other than the unit within which contained.
9.1.1.3 All incidental damage caused to a unit by such work
immediately above described shall be repaired promptly at the expense of
the Association.
9.1.1.4 All common elements of the Association (other than
the limited common elements that are required elsewhere herein to be
maintained by the unit owners).
The Association’s responsibility does not include interior wall switches or
receptacles, plumbing fixtures, or other electrical, plumbing, or mechanical
installations located within a unit and serving only that unit. All incidental
damage caused to a unit or limited common elements by work performed or
ordered to be performed by the Association shall be repaired promptly by and at
the expense of the Association, which shall restore the property as nearly as |
practical to its condition before the damage, and the cost shall be a common
expense, except the Association shall not be responsible for the damage to any
alteration or addition to the common elements made by a unit owner or his or her
predecessor in title or for damage to paint, wallpaper, paneling, flooring, or
carpet, which, of necessity, must be cut or removed to gain access to work areas
located behind it.
9.1.2 By the Unit Owners: Each owner, at the owner’s expense, shall be
responsible for the maintenance, repair, and replacement of all portions of his or
her unit and certain limited common elements. Such maintenance responsibility
shall include, but shall not be limited to, maintaining, repairing, and replacing, as
necessary, portions of the plumbing, heating, electrical and air conditioning
systems that serve only the unit. In addition, each unit owner shall be responsible
for:
9.1.2.1 The circuit breaker panel and all electrical wiring going
into the unit from the panel.
9.1.2.2 Interior finishes of walls, ceilings and floors, including
wall and floor coverings.
9.1.2.3 All interior partition walls that do not form part of the
boundary of the unit.9.1.2.4 All windows and exterior doors, including sliding glass
doors.
9.1.2.5 Other facilities or fixtures that are located or contained
entirely within the unit and serve only that unit.
9.1.3 Other Unit Owner Responsibilities
9.1.3.1 Balconies. Where a limited common element consists of a
balcony, the unit owner who has the right of exclusive use of the area shall
be responsible for the day-to-day cleaning and care of the walls, floors,
and ceiling bounding said area, if any; and all fixed glass and sliding doors
in portions of the entranceway to said area, if any; and the wiring,
electrical outlet(s), and fixtures thereon, if any, and the replacement of
light bulbs. The Association is responsible for the maintenance, repair and
replacement of all exterior walls of the building and the concrete slabs.
The unit owner shall be responsible for day-to-day cleaning and care, but
all painting and maintenance of the exterior surfaces and structures of the
building shall be the responsibility of the Association and shall be a
common expense.
9.1.3.2 Guest Quarters. Where a limited common element
consists of a Guest Quarters, the unit owner who has the right of exclusive
use of the area shall be responsible for maintaining, repairing, and
replacing, as necessary, portions of the plumbing, heating, electrical and
air conditioning systems that serve only the specific Guest Quarters. In
addition, each unit owner shall be responsible for the following: the circuit
breaker panel and all electrical wiring going into the Guest Quarters from
the panel; interior finishes of walls, ceilings and floors, including wall and
floor coverings; all interior partition walls that do not form part of the
boundary of the Guest Quarters; and other facilities or fixtures that are
located or contained entirely within the Guest Quarters and serve only that
Guest Quarters. Additionally, the unit owner shall be responsible for day-
to-day cleaning and care, but all painting and maintenance of the exterior
surfaces and structures of the building shall be the responsibility of the
Association and shall be a common expense.
9.1.4 Alterations and Improvements: Neither a unit owner nor the
Association shall make any alteration in the portions of a unit that are to be
maintained by the Association, remove any portion of such, make any addition to
them, do anything that would jeopardize the safety or soundness of the building or
impair any easement, without first obtaining written approval of the Board of
Directors of the Association. A copy of plans for all such work prepared by an
architect or engineer licensed to practice in Florida shall be filed with the
Association prior to the start of the work.9.2 Common Elements,
9.2.1 By the Association. The maintenance and operation of the
common elements (including the limited common elements, except as otherwise
provided herein) including the repair, maintenance, and replacement of
landscaping and other improvements and facilities shall be the responsibility of
the Association as a common expense.
9.2.2 Alteration and Improvement, There shall be no material alteration
or further improvement of the real property constituting the common elements
without prior approval, in writing, by not less than two-thirds (2/3) of the
members of the Association, except as to alterations that occur as a result of
casualty that are made to bring the condominium building in compliance with the
current building codes. Any such alteration or improvement shall not interfere
with the rights of any unit owner without their consent.
9.3. Enforcement of Maintenance. In the event the owner of a unit fails to
maintain a unit as required above, the Association shall have the right to charge the unit
owner and the unit for the necessary sums to put the improvements within the unit in
good condition or to take such other lawful steps as may be necessary to remedy the
violation.
In addition, the Association may levy reasonable fines against a unit for the
failure of the owner to comply with the maintenance provision set forth above. No fine
may exceed $100 per day. However, in the case of a continuing violation, the
Association may levy a fine each day of the violation. Such fine in no event shall exceed
the aggregate of $1,000. No fine shall be levied absent notice and an opportunity to be
heard by the unit owner, and no fine will become a lien against a unit.
The Association shall be entitled to reasonable costs and attorneys fees for any
collection efforts under this section, whether or not a suit is filed. .
x. THE ASSOCIATION
10.1 Purposes. The Association’s purposes are:
10.1.1 To manage, operate, insure, construct, improve, repair, replace,
alter and maintain the common elements.
10.1.2 To provide certain facilities, services and other benefits to the
owners.
10.1.3 To administer and enforce the covenants, conditions, restrictions,
reservations, and easements created by this Declaration.
10.1.4 To levy, collect and enforce the assessments, charges and liensimposed pursuant to this Declaration.
10.1.5 To enter into agreements with other persons and/or entities,
including, but not limited to, easements, licenses, leases and other agreements
with one or more condominium associations or the Master Association, for
facilities and services that serve the Association, other condominium associations,
and/or owners with the Master Association.
10.1.6 To take any action that it deems necessary or appropriate to protect
the interests of the owner.
10.1.7 To regulate and manage the Condominium.
10.1.8 To undertake such other matters as may be set forth in the
Condominium Documents and which are deemed to be necessary or convenient
by the Board.
10.2 Limitation of Liability. Notwithstanding the duty of the Association to
maintain and repair parts of the condominium property, the Association shall not be liable
to unit owners for injury or damage, other than the cost of maintenance and repair, caused
by any latent condition of the property to be maintained and repaired by the Association,
or caused by the elements or other owners or persons.
10.3 Membership. The record owners of all units in this condominium shall be
members of the Association and no other persons or entities shall be entitled to
membership. Membership shall be established by the acquisition of fee simple
ownership interest in a condominium parcel in this condominium, whether by
conveyance, devise, judicial decree, or otherwise, subject to the provisions of this
Declaration and by the recordation among the public records of Walton County, Florida,
of the deed or other instrument establishing the acquisition and designating the parcel
affected thereby and by the delivery to the Association a true copy of such recorded deed
or other instrument. The new owner designated in such deed or other instrument shall
thereupon become a member of the Association and the membership of the prior owner,
as to the parcel designated, shall be terminated.
XI. ASSESSMENTS
The making and collecting of assessments against unit owners for common
expenses shall be the obligation of the Board of Directors and subject to the following
provisions:
11.1 Obligation for Assessments. Each unit is subject to assessments by the
Association for the maintenance and operation of the Condominium, including the
management and administration of the Association and other common expenses as set
forth in this Declaration. Each unit has the obligation to pay to the Association the
following:
10(a) General Assessments for expenses included in the budget, and
(b) Special Assessments for the purposes provided for in this
Declaration.
11.2 Special Assessment. The Board may impose a special assessment for any
unusual or emergency maintenance or repair or other expense which this Declaration
requires the Association to pay. The Board must give proper notice to the unit owners of
the meeting at which any nonemergency special assessment will be proposed, discussed,
or approved. The funds collected pursuant to a special assessment must be used only for
the specific purpose or purposes stated in the notice. Upon completion of the project, any
excess funds are considered common surplus and may, at the discretion of the Board,
either be returned to the unit owners or applied as a credit toward future assessments.
Additionally, the excess funds can be used for such other purpose(s) that are approved by
a majority of the unit owners present and voting at a meeting of the membership at which
a quorum is present.
11.3. Non-Waiver. The liability for assessments may not be avoided by waiver
of the use or enjoyment of any common elements or by abandonment of the unit for
which the assessment is made.
11.4 Interest, Administrative Late Fee, and Application of Payments.
Assessments and installments on such assessments paid on or before ten (10) days after
the date when due shall not bear interest, but all sums not paid on or before ten (10) days
after the date when due shall bear interest at the highest rate allowed by the laws of the
State of Florida from the date when due, until paid. In addition to interest, the
Association may charge an administrative late fee in.an amount not to exceed the greater
of $25.00 or five percent (5%) of each installment of the assessment for each delinquent
installment that the payment is late. All payments received by the Association upon
account shall be first applied to interest, then to any administrative late fee, then to any
costs and reasonable attorneys’ fees incurred in collection, and then to the delinquent
assessment.
11.5 Lien for Assessments. The Association has a lien on each condominium
parcel to secure the payment of assessments, plus accrued interest and late fees. Except
as otherwise provided, the lien is effective from and shall relate back to the recording of
the original Declaration of Condominium. However, as to first mortgages of record, the
lien is effective from and after recording of a claim of lien in the public records of
Walton County, Florida.
Where a unit owner is delinquent in the payment of assessments, and the
Association institutes collection procedures by pursuing a claim of lien, for the purpose
of that action, the
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IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT, IN AND FOR WALTON COUNTY, FLORIDA caAsENO._\CL CA LO ASSOCIATION PARTNERS, LLC, PLAINTIFF vs. WILLIAM D. PAYNE AND LOIS E. PAYNE, HUSBAND AND WIFE, DEFENDANTS STATEMENT OF CLAIM Zhe WV LZ 9ny GlO2 Plaintiff, Association Partners, LLC, as Assignee-in-Interest, Agent and Attorney-in-Fact for The Crossings at Watersound Owners Association, Inc. (the “association”) Plaintiff, sues William D. Payne and Lois E. Payne (collectively, the “Paynes”), Defendants, and alleges: 1. This is an action for damages which does not exceed $100,000.00. 2. The Defendants are the former owners of the real property located at 429 S. Bridge Lane, A-107, Santa Rosa Beach, Florida 32459. Said real property was under the The Crossings at Watersound Owners Association, Inc., formerly known as Watersound Beach Community Association, Inc, during the time of ownership. A copy of the recorded General Warranty Deed dated April 15, 2005, is attached hereto as “Exhibit A”, Warranty Deed dated December 14, 2007, is attached hereto as “Exhibit B”. The second deed was recorded to clear title when the homeowners association merged from Watersound Beach Community Association, Inc., and became The Crossings at Watersound Owners Association, Inc. 3. On February 5, 2013, the association filed a foreclosure action against the Paynes in Civil Action Court Case No. 2013 CA 108, Walton County, Florida. The outcome was an Order Cancelling Foreclosure Sale and Vacating Final Judgment. A copy of the docket summary is attached as “Exhibit C”. 4. A Certificate of Title was recorded on January 20, 2017, transferring the property to the Mortgagee, Wilmington Savings Fund Society FSB D/B/A Christiana Trust Not In Its Individual Capacity But Solely As Trustee for Brougham Fund I Trust C/O BSI Financial Services, Inc. (“Wilmington Savings”), 7500 Old Georgetown Road, Suite 1350, Bethesda, MD 20814. A copy is attached hereto as “Exhibit D”. 5. The transfer of title took place after a stipulated foreclosure judgment was entered between Wilmington Savings and the Paynes in Civil Action Court Case No. 2015 CA 000468, Walton County, Florida. The docket summary is attached as Exhibit “E”. . Page 1 of 26. The basis for the claim is unpaid homeowner association dues and assessments, including interest, late fees and collection costs pursuant to’718.116 Fla. Stat. A copy of the recorded Declaration of Condominium for The Crossings at Watersound Owners Association, Inc., recorded in Official Records Book 2781 Pages 1169-1226, is attached as “Exhibit F”. 7. Plaintiff claims the amount of $91,909.70 as being due from said Defendants for unpaid homeowner association assessments. This amount includes maintenance fees, interest, and collection costs. 8. The Defendants were delinquent on the homeowner association assessments and dues from January 1, 2012 to March 7, 2017. This action is for the expenses through April 1, 2016. A copy of the Resident Transaction Report detailing all of the charges is attached hereto as “Exhibit G”. 9. Plaintiff alleges that the association has the right to recover a money judgment pursuant to Article XI (11.6) of the Declaration of Condominium of The Crossings at Watersound. 10. Plaintiff claims the amount of $91,909.70 as being due from said Defendants for unpaid homeowner association assessments and all charges related thereto. WHEREFORE, Plaintiff demands judgment in the amount of $91,909.70, plus all costs of this action. Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief. Signed on. Aug 26 , 2019. Br Decleor, Sr. Thomas C. Proctor, Sr., Managing Partner of Association Partners, LLC, as Assignee-in-Interest, Agent and Attorney-in- Fact for The Crossings at Watersound Owners Association, Inc. . Page 2 of 25/21/2019 Landmark Web Official Records Search CFN # 886115, OR BK 2666 Page 3992, Recorded 04/29/2005 at 02:30 PM, MARTHA INGLE, WALTON COUNTY CLERK OF COURT DOC STMP-D: $15575.00 Deputy Clerk P RICE EXHIBIT A Prepared by: fonts wane PAL Rec. Fees ee 2 5365 E.Highway 30A, Saito 105 Doc, Stamps 7S 525-2 LEE ZS- ‘Seagrove Beach, Florida 32459 Int. Tax Total TS SBS Filo Number: FHWOS-168, ity Unsatisfactory ini For Soanning General Warranty Deed Mado this L5 aay of April, 2005 A.D. By ‘Engenla Winwood, a married woman, whose post affice ackiress is 1865 Laure] Ridge Drive, Nashville, Teanessee 37215, bereinaficr calied the grantor, to Lois B. Payac and William D. Payne, bsband and wife, whose ‘post office address is: 1891 Scenic Gulf Dr., Miramar Beach, FL, 3250, hereinafter called the grantee: (Wtever sed bee ta ern “gomaloe” end pants tho atte hea, gat iv a i sn the wuccemcs ind eanpns of eneporatons) ‘Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable ‘considerations, receipt whereof is bareby acknowledged, bereby grants, bargains, sells, aliens, remises, releases, conveys and confirms ‘unto the grantee, al that certein land sitaate in Walton County, Florida, viz: Unit 107, Building A, WATERSOUND BEACH RESIDENCES AT SOUTH BRIDGE AND BRIDGE LANE PHASE TV, ‘according to the Plat thereof as recorded in Plat Book 15, Pago(s) 85-851, of the Public Records of Watton County, Florida. ‘Said property is not the homoetead of the Grantor(s) under the laws and constitution of the State of Florida in that neither Grantor(s) or ‘any members of the household of Grantor(s) reside thereon. Parcel ID Number: 29-95-18-16130-000-6107 ‘Together with oll tho tencments, berediinments and appurtenances thereto belonging or in auywize appertaining. To Have and to Hold, the same in feo simple Sxever. And the grantor hereby covenants with said granteo that the grantor is lawfully seized of «aid land in tbe sisple; that the ‘grantor has good right and lawful muthority to sefl and convey aaid lend; that the grantor hereby fally warrants tbe title to said land and ‘will defend the camo against the lawfal claims of all persons whomsoever; and thot said land is fee of all encumbeanoes except taxes accriing subsequent to December 31, - s In Witness Whereof, the said grantor has signed and sealed these presents the day and year first shove written. a Signed, seated and lpelel cer Preece: ty Ss ‘Witeam Piatet Name Sod 2 AALS EARL A EBLY je8 noel Ridgo Drive, Neste, Tennecsao 37215 & 2 Ac teongeck- iNGdom 3 Coonty af He be ASH A - kre. Z2 m Done Bina A mcr et” BRIAN REGINALD JONES: Rote D2raw LE Tanke MyCs ag NOTARY PUBLIC, CHELTENHAM, UNITED KINGDOM ‘DRED Individnal Wamcty Dost With Noo amas Leg on Fae Caw Choise Agen oe NOTARY PUBLIC. 4 orsearch.clerkofcourts.co.walton.fl.us/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=# anPe 512112019 Landmark Web Official Records Search CFN # 1025293, OR BK 2782 Page 4975, Recorded 01/16/2008 at 03:19 PM, MARTHA INGLE, WALTON COUNTY CLERK OF COURT Deputy Clerk L PIPPIN — EXHIsitT & Prepared by: Kristin A. Gardner Dunlap, Toole, Shipman & Whitney, P.A. 1414 County Highway 283, South Suite B Santa Rosa Beach, FL 32459 WARRANTY DEED This WARRANTY DEED, dated this the|Ytt day of December 2007 by The Crossings at WaterSound Owners’ Association, Inc., hereinafter called the GRANTOR, to Lois E. Payne and William D. Payne, husband and wife, whose address is 1891 Scenic Gulf Drive, Miramar Beach, Florida 32550, hereinafter called the GRANTEE. (Wherever used herein the terms “GRANTOR” and “GRANTEE” include all parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) Witnesseth, that the GRANTOR, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the GRANTEE, all that certain land situate in Walton County, Florida, and more particularly described as follows: Unit 107A of the The Crossings at WaterSound, a condominium, according to the Declaration of Condominium thereof recorded in Official Records Book 2781 Page(s) 1169-1226, of the public records of Walton County, Florida and together with an undivided share in the common elements appurtenant thereto. Subject to the Declaration of Condominium for The Crossings at WaterSound Owners’ Association, Inc., and all exhibits thereto, as recorded in Official Records Book 2781, Page(s) 1169-1226, Public Records of Walton County, Florida, as amended and supplemented. Together with all singular tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining. ‘To Have and to Hold, the same in fee simple forever. orsearch.clerkofcourts.co.walton.fl.us/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#ou 5/21/2019 Landmark Web Official Records Search CFN 1025293 OR BK 2782 PG 4976 In Witness Whereof, GRANTOR has signed and sealed these presents the date set forth above. Signed, sealed and delivered in the presence of: ‘The Crossings at WaterSound Owners” Association, Inc., a Florida non-profit corporation by_ Conn B. Moseley Print same Aran B.Weseley Its: President orsearch.clerkofcourts.co.walton.fl.us/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=# 213a §/21/2019 Landmark Web Official Records Search CEFN 1025293 OR BK 2782 PG 4977 STATE OF FLORIDA COUNTY OF WALTON by acknowledged that on the WW aay of December, 2007 personally appeared , as President of Crossing at WaterSound Owners” Association, inc. ‘() who is personally known to me or (_) who produs as identification and who did a NOTARY PUBLIC ) My commission orsearch.clerkofcourts.co.walton.fl.us/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=# 335/21/2019 Se ttps/AWWes sneer eureraperemeunineiniminnnalinspuely wi meer wenrrnmay fegiCrT te EXHUIe iT Wo. onal service throu New Search Expand Al ‘Case Number Filed Date | County | Case Type, I ‘Status [Contested Jury Tal /Sez013ca00nr0scanKK DISCAODOTOREANO gaszo1s WALTON Cee O97. CcLOsEO CASE No No ring bate I eserpion I ‘ave I Contstoa Judgment Dolo 2 'RPINF-OTH REAL PROP ACTIN SO. 02)082013 CAL Pr No No : Party Name Party Type ‘Attorney I ‘Bar ID RASMUSSEN, PAULA wuDGE RASMUSSEN, PAULA JUDGE AT DISPOSITION [CROSSING AT WATERSOUND OWNERS PLANTIFE CCOTHRAN, ANNA GRACE 2546, PAYNE, WiLIAM D DEFENDANT ‘CREW, JILL WARDEN e120 PAYNE, LOIS DEFENDANT (CREW, JILL WARDEN er205, [SE PROPERTY HOLOWNGS LLC DEFENDANT [UNITED STATES OF AMERICA OEFENOANT [Dockets Cy “ji : Co Gens) Iinage | Doct | Action Dato Description Pages a ‘9372013 ORDER CANCELLING FORECLOSURE SALE AND VAGATING FINAL JUDGMENT 2 2 0182013 LETTER TO DUNLAP SHIPMAN PA 2 “a 03/182013 —_-PROPOSED GRDER CANCELING FORECLOSURE SALE AND VACATING FINAL JUDGMENT 2 40 0si182013 AGREED MOTION TO CANCEL FORECLOSURE SALE AND VACATE FINAL JUDGMENT 2 7 071102013 ORDER CANCELLING AND RESCHEDULING FORECLOSURE SALE 3 38 ‘O7H87013 AGREED MOTION TO CANCEL AND RESCHEOULE FORECLOSURE SALE 2 | #8 o7m87013 PROOF OF PUBLICATION 1 | 35 srtezo13 __FINAL DISPOSITION FORM: 1 [Cranes (sey eee eee TAD 4Deputy Clerk MORRISON — EXHIBIT D> ‘& . . Filing # 51431155 E-Filed 01/20/2017 01:4739 PM JIN 1 CUCCULL CUURL UF LB PU 1 JUVICIAL CIRCUIT OF FLORIDA IN AND FOR WALTON COUNTY GENERAL JURISDICTION DIVISION CASE NO. 2015-CA-000468 WILMINGTON SAVINGS FUND SOCIETY FSB D/B/A CHRISTIANA TRUST NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR BROUGHAM FUND I TRUST, Plaintiff, vs. DEEDDOCSTAMPS = $_&2 9, 10 : MORTGAGE DOC STAMPS $ WILLIAM D. PAYNE, LOIS E. PAYNE, UNITED ‘ STATES OF AMERICA, DEPARTMENT OF THE ___ J INTANGIBLE Tax 7 8 TREASURY - INTERNAL REVENUE SERVICE, PENALTY$ INTEREST $. VISION BANK, THE CROSSINGS AT - PAID ON__3 -9.- 177 WATERSOUND OWNERS ASSOCIATION, INC., cqui RK OF COURTS. WATERSOUND BEACH COMMUNITY ED DEPUTY CLERI ASSOCIATION, INC., COASTLINE ENGINEERING K & CONSTRUCTION, INC., UNKNOWN TENANT IN POSSESSION 1, UNKNOWN TENANT IN -POSSESSION 2, 7 . Defendants J CERTIFICATE OF TITLE ‘The undersigned, FIRST JUDICIAL CIRCUIT, Clerk of the Court, hereby certifies that a certificate of sale has been executed and filed in this action on'{YYah ch 9, A0/? for the property described herein and that no objections to the sale have been filed within the time allowed for filing objections. The following property in WALTON County, Florida: Unit 107, Building A, WATERSOUND BEACH RESIDENCES AT SOUTH BRIDGE AND BRIDGE LANE PHASE IV, according to the plat thereof as recorded in Plat Book 15, Page(s) 85-85J, of the Public Records of Walton County, Florida and subject to the Declaration of Covenants, Conditions, and Restrictions for WaterSound as recorded in Official Records Book 2350 Page 158 of the Public Records of Walton County, Florida. NOW KNOWN AS: Unit 107A, of THE CROSSINGS AT WATERSOUND, A CONDOMINIUM, according to the Declaration of Condominium thereof recorded in Official Records Book 2781 Page(s) 1169-1226, of the Public Records of ‘Walton County, Florida and together with an undivided share in the common elements appurtenant thereto. AKA 429 S. Bridge Lane, A-107, Santa Rosa Beach, FL32459 © was sold to: WILMINGTON SAVINGS FUND SOCIETY FSB D/B/A CHRISTIANA TRUST NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR BROUGHAM FUND I TRUST C/O BSI Financial Services, Inc., 7500 Old Georgetown Road, Suite 1350, Bethesda, MD 20814 Dated tis |“) day oc LOATA 201. CLERK OF THE CIRCUIT COURT As Clerkof the Cot BY eee Ce Deputy Clerk 110 SE 6th Street, Suite 2400 Fort Lauderdale, FL 33301 5309129 15-03105-4 Electronically Filed Walton Case # 15000468CAAXMX 01/20/2017 12:47:39 PM9/24/2019 https:/www.. einer ner MHA MRE EM rerereernntes erred UE EF tener CoseNumber [| FledDate | County | Case Type I Sis Contested | Jury | CA ISCADDOISSEANON ansrors WALTON Craut cha s7.0 ‘eLOsEO CASE No No Filing Dato Desernton ‘Aas Contested odoment Date onzazois Fe IOMORS No no owieaot? f SSS ca : ary Name Panty Tyee I money I Bab [sree ow W TUBE GREEN, OAD W JUDGE AT DISPOSITION lisionennx DEFENDANT CGUFFORD, CHARLES PORTER exis xansToN saves FUND sociET PLANTIFE CGUFFORD. CHARLES PORTER ents PAYNE. WILLAMD DEFENDANT CGUFFORD, CHARLES PORTER coos PAYNE. LOISE DEFENDANT ‘GUFFORO. CHARLES PORTER cates UMTED STATES OF AMERICA OEPAR DaFENOANT ‘GUFFORD. CHARLES PORTER coxois TH CROSSINGS AT WATERSOUND OW DEFENDANT GGUFFORD, CHARLES PORTER euisis WATERSOUND BEACH COMMUNITY ASS DEFENDANT GGUFFORD, CHARLES PORTER enters IN POSSESSION 1, UNKNOWN TENAN DEFENDANT GGUFEORD, CHARLES PORTER nuo18 ([cooms Oo _ —) ty] image [boc [Action Ba eseration Pagee Ge ‘oaa7inat WAIL RETURNED UNDELIVERED 7 ze aazumar7 MAIL RETURNED UNDELIVERED CURRENT RESIDENT'S 5 Q 12 covtri2017 CCERMIFICATE OF OISBURSEMENTS. a S 122 05/17/2017 CERTIFICATE OF TITLE 2 123092017 PAYMENT RECEIVED: 28770 RECEIPT NUMER WX 5482 12) 0408007 -——ASSESSMENT 6 ASSESSED AT SUM $262.70 10 072017 PAYMENT RECEIVED: $70.00 RECEIPT NUMBER MX 95259 118 ONTROIT ASSESSMENT 5 ASSESSED AT SUM S70<0 carer §——_ceRTIFICATE OF Shue: 3 Ge ~—soaurot7 FORECLOSURE SALE BIDLOG, 1 Q 15 e2nTo17 MAIL RETURNED UNDELIVERED VISION BANK 4 Q catarzor7 [PROOF OF PUBLICATION - DEFUNIAK HERALD BREEZE 4 BH caeaor? MAL RETURNED UNDELIVERED CURRENT RESIDENT 4 G 2 01272017 COPY OF JUDICIAL SALE ANDIOR ESALE CHECK 4 & Hh ©—ovaTmos7 ——_—COVERLETTER FROM THE OFFICE OF MCCALLA RAYMER DATED 01247 1 mo vaamotz. NOTICE OF SALE-waRCHL 7H 2017 a D1 -—ozonor7~——_—PROPOSEDNTICE OF SALE 3 fh tos =o vzam017 PROPOSED CERTIFICATE OF OISBURSEMENT 2 B—to7—stmamas7 PROPOSED CERTIFICATE OF SALE 2 @& —t08_~—=—=—ovz0aotr PROPOSED CERTIFICATE OF TLE 2 Q 05 owioro17 ASSIGNMENT OF MORTGAGE; 4 104 onnonor ORIGINAL NOTE CANCELLED BY JUDGE. 6 103 othanor? NOTICE OF FILING ORIGINAL NOTE 2 © toz_-—smtan017 CONSENT FINAL guDGxtENT OF FORECLOSURE s a to ousrao17 ORDER TO SUBSTITUTE PARTY PLAINTIFF 2 Q 100 onnao17 PLAINTIFES COMPOSITE EXHIBIT # “ & oveanct7 NOTICE OF CHANGE OF Fd NAME AND DESIGNATION OF EMALL ADDRESSES 4 @ » one's CERIFICATE OF seRUICE 6 G fortano1@ MAIL RETURNED UNDELIVERED VISION BANK s Q 96 120062018 AFFIDAVIT OF COSTS 8 ® taloeao1e AFFIDAVIT AS 10 THE REAGONAALENESS OF PLAINTIFFS ATTORNEYS TME 2 Qa ‘2060016 AFFIDAVIT OF PLAINTIFF'S COUNSEL. AS TO ATTORNEY'S FEES 4 QB 2 42162016 NOTICE OF FILING AFFIDAVITS, 2 & we 121022016 ORDER SETTING MOTION FOR SUMMARY JUDGMENT AND/OR NON-JURY TRIAL, ‘ a {17292016 __STPULATIONTO CONSENT TO ENTRY OF FNAL JUDGMENT OF FORECLOSURE 2 0 {17282018 ORDER ON DEFENDANTS MOTION FOR TELEPHONIC APPEARANCE AT CASE MANAGMENT CONFERENGE 2 eo “28n016 —_DEFENDANTS: MOTION FOR TELEPHONIC APPEARANCE AT CASE MANAGEMENT CONFERENCE 1 ie “828018 —_—_-NOTICE OF APPEARANGE OF CO-COUNSEL FOR WILLMINGTCN SAVINGS FUND SOCIETY, FSB A. WAYNE WILLIAMSON 1 a {11282016 MOTION TO SUBSTITUTE PARTY PLAINTIF «| Qa « carzrzo16 CERTIFICATE OF SERVICE a GB os cozenote ORDER SETTING CASE MANAGEMENT CONFERENCE 2 Qo a 7282016 RETURN MAIL UNDELIVERABLE (VISION BANK) 1 QB # c7ewzois CERTIFICATE OF SERVICE s e 22 o7nea016 DEFAULT - ENTERED 3 Go ot 07182016 MOTION FOR DEFAULT PROPOSED DEFAULT AGAINST COASTLINE ENGINEERING & CONSTRUCTION, INC. 3 GB 0 c6nt02016 _RETURNOF SERVICE SERVED ON COASTLINE ENGINEERING & CONSTRUCTION INC ON 062016 a aunt aun spepn e ener 1135/24/2019 inase_ [ocd | Aaton Sie " Onion (Pane G7 ‘5082016 NAIL RETURNED UNBELIVERED GION BANK 3 Qa ‘0001/2016 LETTER TO JUDGE GREEN FROM MCCALLA RAVER LLC . 4 Go om ossrao'e CERTIFICATE OF SERVICE 4 8 05/28 2018. __GUMIMONS ISSUED TO: COASTLINE ENGINEERING 6 CONSTRUCTION, INC. C10 ROBERT N. GARRETT 2 6 0626/2016 _UNSIGNED SUMMONS FOR COASTLINE ENGINEERING & CONSTRUCTION. INC. C1O ROBERT N. GARRETT, RA 2 Q on 32472016 ORDER FOR LEAVE TO AMENO COMPLAINT 2 ®@ *% ‘osr2072016 PROPOSED ORDER FOR LEAVE TO AMEND COMPLAINT 2 ® 2 0572572018 [AMENDED NOTICE OF LIS PENDENS 3 ” sizaza16 MOTION FOR LEAVE TO AMEND COMBLANT a & 7% 95Ran016 SECOND VERIFIED AMENDED COMPLAINT TO FORECLOSE HORTGAGE 4 Qa ® ozrzar2at6 DEFENDANT, WATERSOUND BEACH COMMUNITY ASSOCIATION, INC'S ANSWER TO PLAINTIFF'S AMENDED COMPLAINT. 4 Q@ @ aaareo16 DEFENDANT, HE CROSSINGS AT WATERSOUND OWNERS’ ASSOCIATION. INC'S ANSWER TO PLAINTIFF'S AMENDED COMPLAINT ‘ Qo 02292016 LETTER TO JUDGE GREEN FROM MCCALLA RAVER, 1 G& 6 canes = BHBITA-D 4 G6 @anenn1s PROPOSED ORDER OF DEFAULT 2 B oe ozirerote MOTION FOR COURT DEFAULT ° @ « c2/9R016 LETTER TOJUOGE GREEN FROM CHARLES P,GUFFORO. 1 ® we o1/2012016 CERTIFICATE OF SERVICE 2 Qo s1m4n016 VERIFIED AMENDED COMPLAINT TO FORECLOSURE MORTGAGE 4a QB ow ovosnt6 VAIL RETURNED UNDELIVERED (VISION BANK) 3 G6 ‘swans CERTIFICATE OF SERVICE 4 Q = rareeia018 COVER LETTER FROM NICCALLA RAYMER: 5 & 7 ‘sae2ia01s AGREED ORDER ON DEFENDANTS’ MOTION TO DISMISS 2 he ‘2nV018 PROPOSED AGREED ORDER ON DEFENDANTS: MOTION To DISwiss 2 a $5 rapvenns LETTER TO JUDGE GREEN FROM MCCALLA RAYMER, LLC DATED 1222115, 3 & 8 s2nse0158 CERTIFICATE OF SERVICE 4 B os rommnts DEFAULT ENTERED AS TO DEFENDANT VISION BANK OEFALLT NOT ENTERED AB TO DEFENDANTS WLUAM PAYNEANDLOISEREEN B # ‘21100015 _DEFENDANTS PAYNES' HOTION To DIsMASS ‘ Q oo {artoots —_AFFIOAVIT OF INABILITY TO DETERMINE MILITARY STATUS 2 G& ‘omo15 —_NON-WILITARY SERVICE AFFIDAVIT 2 B ‘yt070'S PROPOSED DEFAULT AGAINST WILLIAM PAYNE, LOIS EILEEN PAYNE AND VISION BANK 2 Q « ‘21192015 NOTION FOR DEFAULT AGANST WILLIAM PAYNE, LOIS EILEEN PAVE AND VION BANK 1 Qo o« ‘1cazo18 NOTICE OF DROPPING PARTY DEFENDANT -UNKNO:IN TENANT IN POSSESSION 1 AND UNKNOWN TENANTIN POSSESSION 2 2 Q « ransiao1s PROOF OF NONSERVICE ON UNKNOWN TENANT IN POSSESSION 2 3 & «6 ‘2032015 PROOF OR NONSERVICE ON UNKNOWN TENANT IN POSSESSION 4 3 G 4 Y2na20'5 PROOF OF SERVICE TOLOIS EILEEN PAYNE ON 11/2015 2 QB « rarer PROOF OF SERVICE TO THE CROSSINGS AT WATERSOUND OWNERS ASSOCIATION, INC. ON 10/22/15 2 a 1203701 PROOF OF SERVICE TO UNTTED STATES OF AMERICA, OEBARTMENT OF TREASURY -IRS ON 1012215 2 Qe a szos018 PROOF OF SERVICE TO VISION BANK ON 11/4/15 3 Q@ «0 saioaro1s PROOF OF SERVICE TO WATERSOUND BEACH COMMUNITY ASSOCIATION, INC. ON 10122145 2 B 2 ‘$2k0z01S PROOF OF SERVICE TO WLLIAMD. PAYNE ON 1120/15 3 B ‘maztts PROOF OF SERVICE TO WATERSOUND BEACH COMMUNITY ASSOCIATION, INC, ON 10248 2 @ ow ‘201205 PROOF OF NONSERVICE ON UNKNOWN TENANT N POSSESSION 20N 1022115, 3 Bx 1WoV2018 PROOF OF SERVICE TO THE CROSSINGS AT WATERSOUND OWNERS ASSOCATION, INC. ON 1022/15 2 & {2017015 PROOF OF SERVICE TO VISION BANK ON 145 2 GB « 421012015 PROOF OF SERVIGE TO LOIS EILEEN PAYNE ON 172015 a Q@ {20172015 PROOF OF NONSERVICE ON UNKNOWN TENANT IN POSSESSION 1 ON Y0R215 a QB 2» s20112015 PROOF OF SERVICE TO UNITED STATES OF AMERICA, DEPARTMENT OF THE TREASURY - INTERNAL REVENUE SERVICE ON 10/22/16 2 Q a ‘tivto%s PROOF OF SERVICE TO WILIAM 0. PAYNE ON f120/5 3 G& swears PROOF OF SERVICE TO WILLIAM 0 PAYNE ON 11/20/16 1 QB » ‘wasrors PROOF OF SERVICE TO LOIS EILEEN PAYNE ON 11/2015 1 Q x ‘W110201 DEFENDANT, WATERSOUND BEACH COUMUNITY ASSOCIATION, INC'S ANSWER TO PLAINTIFE'S COMPLAINT ‘ Qo on ‘1102018 DEFENDANT, THE CROSSINGS AT WATERSOUND OWNERS’ ASSOCIATION, INC'S ANSER TO PLAINTIFF'S COMPLAINT 4 G2 sozen015 DEFENDANT UNITED STATES OF AMERICA'S DESIGNATION OF E-MAIL ADDRESSES ‘ Bos 4072015 ANSWER TO COMPLAINT 2 le 4 soroer2015, ‘SUMMONS ISSUED TO: LOIS E, PAYNE, 2 @ 2 1010972015 SUMMONS ISSUED TO: THE CROSSINGS AT WATERSOUND OWNERS ASSOCIATION, INC. 2 GB 2 010912015 'SUNMONS ISSUED TO: UNKNOWN TENANT IN POSSESSION 1 2 G oa 101082015 SUMMONS ISSUED TO: UNKNOWN TENANTIN POSSESSION 2 2 a 20 ‘roioer2018 ‘SUMMONS ISSUED TO: UNITED STATES OF AMERICA, DEPARTMENT OF TREASURY IRS 2 Qa 4101092015 SUMMONS ISSUED TO: VISION BANK 2 S 1% tor0si2015 SUMMONS ISSUED TO: WATERSOUND BEACH COMMUNITY ASSOCIATION, INC. 2 a ” sovsnots SUMMONS ISSUED TO: WILLIAM D. PAYNE. 2 & 6 sooar2015 UNSIGNED SUMMONS FOR WILLIAM D. PAYNE. 2 Qs {oic0201 UNSIGNED SUNONS FOR WATERSOUND BEACH COMMUNITY ASSOCIATION, INC. 2 | @ “ so10s2016 UNSIGNED SUMMONS FOR VISION BANK 2 @ tojono%s UNSIGNED SUBIVONS FOR UNITED STATES OF AMERICA. DEPARTWENT OF TREASURY IRS 2 G 2 so7e7015 UNSIGNED SUMMONS FOR UNKNOWN TENANT IN POSSESSION 2 2 & " towero1s UNSIGNED SUMMONS FOR UNKNOWN TENANT IN POSSESSION 4 2 Q © {108015 UNSIGNED SUNMONS FOR THE CROSSINGS AT WATERSOUND OWNERS ASSOCIATION, INC 2 Be soinsn01s UNSIGNED SUMMONS FOR LOIS E. PAYNE 2 tps WWW.Le! Sane octet er rN TN age meee uinner wreneeernennuenery we teeeupinent ents canes abd5/24/2019 |; nage” [boo] hoon Sta Suction as ‘eiznzots NOTICE OF ELING GENTFICATION OF NOTE POSSESEION 1 sera015 NOTICE OF COMPLIANCE WITH RULE?2516 AND DESIGNATION OF E-HL ADRESS 1 ooz820'8 NOTICE OF CONFIDENTIAL INFORRATTON WHR COURT FLING : eiaszttS VALUE OF REAL PROPERTY:MORTGAGE FORECLOSURE FOR 1 tenes NOTICE OF US PENDENS : 09/28/2015 VERIFIED COMPALINT TO MORTGAGE FORECLOSURE AND ATTACHMENTS . at oozvaots __cw.coven steer, 2 [emer https:/Awww.civitekflorida.com/ocrs/app/caseinformation.xhtml?query=ZP-d_84qz1I IB8odmeR8i3kLSSNzde6r6fVO5T2e56pk&from=caseSearchTab 3/3INGLE, WALTON COUNTY CLERK OF COURT Deputy Clerk C FOREHAND ~ EXHIBIT FE THE CROSSINGS AT WATERSOUND, A CONDOMINIUMVill. XVI. XVII. Compliance and Default. THE CROSSINGS AT WATERSOUND, a condominium TABLE OF CONTENTS PULPOSE.......ee cece cece cece cence eeeeeeeeeeeeceeereneeceeeecsaeueaneesererseseseseenees 1 Definitions..........sscccesvecseeseseeeeeeeeeeeeseeeneeseeeeecaueseeesnseseeeereueseen 2 Unit Boundaries.............cccseeseeseeeseeeeeeeeecesuseeecauaeenaaaereeerseeeeseeeres 3 Common Elements and Limited Common Elements.............+.sseceeeeeeeeee 4 Ownership Rights...........:ssssseessecccceaenteceenseeseccereteeeeneecseneereseesee 5 Restraint Upon Separation and Partition of Common Elements................ 5 Percentage of Ownership of Common Elements..............:0scessseeeeneeeeee 6 Common Expense and Common Surplus...........:c-:sseceennneseeenaeeeeeneenee 6 Maintenance, Alterations and Improvements..............:sssecseeseseeeeeeeeed 6 The Association.......ccc.cccceeeseceeeeeeeenaeeeceneneeeereaneeesceaneceenaeeeeenaats 9 Assessments.. Use Restrictions.........:cecccseeseeseeeeeaeseeeeceneeesneeneeecaeeeaeaeareeuunseees 12 Easements... TNSUTANCE..... seers e cence ence eee ceeeeeeeeeeeeeen nese eeeeneeseaeeepesaaeeeunenae nes 15 Reconstruction and Repair After Casualty.. Master Association............-+006+ sd ecceeuenenereeseeceeeeuesseerseesenenserecneses 18 XVIII. Official Records. .......cccccetececseeee nsec eeeeeeeeeaeeea eeu nee aueeaweeeee ere gee nene 19 XIX. Termination, .XX. Amendments XXI._ Interpretation.Prepared by: Gary A. Shipman Dunlap, Toole, Shipman & Whitney, P.A. 1414 County Hwy, 283 South, Suite B Santa Rosa Beach, FL 32459 - THE CROSSINGS AT WATERSOUND, A CONDOMINIUM DECLARATION OF CONDOMINIUM THIS DECLARATION OF CONDOMINIUM (as amended from time to time, this “Declaration”) is made as of . by The Crossings at WaterSound Owners Association, Inc., a Florida not for profit corporation, together with its successors and assigns (“Declarant”). Declarant hereby declares as follows: 1 PURPOSE The purpose of this Declaration is to submit the lands and improvements to such lands as described in Exhibit “A” of this Declaration to the condominium form of ownership and use in the manner provided by Chapter 718, Florida Statutes (hereinafter referred to as the “Condominium Act”), and the Declarant does hereby submit the lands described in this instrument and improvements on such lands to the condominium form of ownership and use. 1.01 The name by-which this Condominium is to be identified is “The Crossings at WaterSound, a Condominium.” 1.02 The address of this Condominium is 133-H South WaterSound Parkway, WaterSound Beach, Florida, 32413. 1.03 The lands owned by Declarant, which by this instrument are submitted to the condominium form of ownership, are those certain lands lying in Walton County, Florida, as described in Exhibit “A”, attached hereto and made a part hereof, and such land shall be subject to the conditions, restrictions, limitations, easements, and reservations of record. 1,04 All provisions of this Declaration shall be construed to be perpetual covenants running with the Land, and with every part thereof and interest therein, and every condominium parcel owner and claimant of the property within the condominium, and his or her heirs, executors and administrators, successors and assigns, shall be bound by all of theprovisions of the Declaration, unless the Declaration shall be terminated pursuant to the Condominium Act and/or as provided herein. 1. DEFINITIONS Basic Definitions As used in this Declaration, the following terms have the meanings given to them as stated below: @ (b) © @ © @ (g) (h) “Articles” and “Bylaws” means the Articles of Incorporation and the Bylaws of the Association, as the same may be amended from time to time, a copy of both made a part hereof and attached hereto as Exhibits B and C, respectively “Assessment” means a share of the funds which are required for the payment of common expenses which from time to time are assessed against each unit owner. “Association” and “Declarant” mean The Crossings at WaterSound Owners Association, Inc., the nonprofit Florida corporation responsible for the operation of the Condominium. “Association Documents” means this Declaration, and all exhibits hereto, including the Articles and the Bylaws, as the same may be amended from time to time. “Association Property” means that property, real and personal, which is owned or leased by, or is dedicated by a recorded plat to the Association for the use and benefit of its members. “Board of Directors” or “Board” means those persons elected or appointed as the directors of the Association. “Common Elements” means the portion of the Condominium Property not included in the Units, as more fully set forth in Section IV of this Declaration. “Common Expenses” means the expenses of administration, maintenance, operation, repair and replacement of the Condominium Property as well as any Association Property and any other properties owned by the Association, other expenses declared by the Association or this Declaration to be Common Expenses and any other valid expenses or debts of the Condominium as a whole or the Association, which are assessed against the unit Owners.@ @) (k) @ (m) (n) (0) (p) @ “Condominium Parcel” means a Unit together with the undivided share in the Common Elements which is appurtenant to the Unit. “Condominium Property” means and includes all lands that are subjected hereunder to condominium ownership and all improvements thereon and all easements and rights appurtenant thereto intended for use in connection with the Condominium, which lands have also been described in Exhibit “An, “Guest Quarters” means a limited common element more particularly described in Article IV herein, which is to be owned and conveyed as a part of a unit, except as otherwise provided herein, and which is located within a detached garage building containing one or more enclosed parking bays. “Limited Common Elements” means those portions of the Common Elements allocated by the Declaration or by operation of the Act for the exclusive use of one or more Units, but fewer than all of the Units. “Master Association” means WaterSound Beach Community Association, Inc., a Florida not-for-profit corporation, its successors or assigns, which operates and maintains the common properties serving the WaterSound Beach Community. “Master Declaration” means the Declaration of Covenants, Conditions and Restrictions for WaterSound Beach recorded in Official Records Book 2450, Page 158 of the public records of Walton County, Florida, as amended, modified and supplemented from time to time, which Master Declaration is an encumbrance on the Condominium as more fully set forth in Article XVI. “Unit” means a part of the Condominium Property which is to be subject to private ownership. “Unit Owner” means the record holder of legal title to the fee simple interest in any Unit. “WaterSound Beach” or “WaterSound Beach Community” means and refers to that certain planned community as more fully described in the Master Declaration, as amended and supplemented from time to time. I. UNIT BOUNDARIES Each Unit is identified by a specific numerical or numerical/alphabetical designation as set forth in Exhibit “B”.3.1 Upper and Lower Boundaries. The upper and lower boundaries of the unit shall be the following boundaries extended to an intersection with the perimetrical boundaries: 3.1.1 Upper Boundary shall be the horizontal plane of the undecorated, unfinished ceiling. 3.1.2 Lower Boundary shall be the horizontal plane of the undecorated, unfinished floor. 3.2 Parametrical Boundaries. The parametrical boundaries of the unit shall be the vertical plane of the undecorated and/or unfinished inner surfaces of the walls bounding the unit, extended to intersection with each other and with the upper and lower boundaries. 3.3 Boundaries— Further Defined The boundaries of the unit shall not include all of those spaces and improvements lying within the undecorated and/or unfinished inner surfaces of the perimeter walls and those surfaces above the undecorated finished ceilings of each unit, and those surfaces below the undecorated finished floor of each unit, and further, shall not include those spaces and improvements lying within the undecorated and/or unfinished inner surfaces of all interior bearing walls and/or bearing partitions, and further, shall exclude all pipes, ducts, wires, conduits and other utilities running through any interior wall or partition for the furnishing of utility services to other units and/or for the common elements. Iv. COMMON ELEMENTS AND LIMITED COMMON ELEMENTS 4.01. Common Elements. There shall pass appurtenant with each unit an undivided share in the common elements. The common elements shall include the following: 4.01.1 All condominium property which is not included within the units. 4.01.2 Easements through units for conduits, ducts, plumbing, wiring, and other facilities for the furnishing of utility services to units and the common elements. 4.01.3 An easement of support in every portion of a unit which contributes to the support of a building. 4.01.4 The property and installations required for the furnishing of utilities and other services to more than one (1) unit or to the common elements.4.02 Limited Common Elements. Limited common elements, as the term is used herein, shall mean the common elements which are reserved herein, or assigned, or granted separately herefrom, for the use of.a certain unit to the exclusion of other units, and shall include: 4.02.1 Any balcony, lanai, terrace, patio or porch (and all improvements thereto) as to which direct and exclusive access shall be afforded to any particular unit or units to the exclusion of others; 4.02.2 Garage parking space(s) assigned to a particular unit. Notwithstanding any provision to the contrary contained herein, any unit owner may assign his or her exclusive right to use the garage parking space to any other unit owner, either permanently or temporarily, and either together with or without, transfer of the unit itself. Said transfer or conveyance shall be only to other unit owners within the Association and must be evidenced by an assignment recorded in the Walton County public records. 4.02.3 Guest Quarters, the boundaries of which are the same as those described for the boundaries of a Unit under Article Ill of this Declaration. Notwithstanding any provision to the contrary contained herein, any unit owner may assign his or her exclusive right to use the Guest Quarters to any other unit owner, either permanently or temporarily, and either together with or without, transfer of the unit itself. Said transfer or conveyance shall be only to other unit owners within the Association and must be evidenced by an assignment recorded in the Walton County public records. 4.02.4 Allitems listed for unit owner maintenance not located within the unit and listed in Section 9.1.2 below. Vv. OWNERSHIP 5.1 Type of Ownership. Ownership of each condominium parcel shall be in fee simple pursuant to and subject to this Declaration. No timeshare estates shall be created or sold. 5.2 ‘Association Membership. The owners of record of the units shall be members of the Association. There shall be one (1) membership per unit and one(1) vote per unit. Where there is more than one record owner of a unit, the voting member is that unit owner designated by the owners of a majority interest in a unit to cast the vote appurtenant to such unit. 5.3 Unit Owner’s Rights. The owner of the unit is entitled to the exclusive possession of his unit. He or she shall be entitled to use the common elements in accordance with the purposes for which they are intended, but no such use shall hinder or encroach upon the lawful rights of owners of other units. There shall be a joint use of the common elements and a joint mutual easement for that purpose is hereby created.VI. RESTRAINT UPON SEPARATION AND PARTITION OF COMMON ELEMENTS : The fee simple title of each condominium parcel shall include both the condominium unit and undivided interest in the common elements; said undivided interest in the common elements is deemed to be conveyed or encumbered with its respective condominium unit, even though the description in the instrument of conveyance may refer only to the fee simple interest to the condominium unit. Except as otherwise provided herein, the share in the common elements appurtenant to a unit cannot be conveyed or encumbered except together with the unit. Any attempt to separate and/or any action to partition the fee simple title to a condominium unit from the undivided interest in the common elements appurtenant to each unit shall be null and void. Vil. PERCENTAGE OF OWNERSHIP OF COMMON ELEMENTS Each of the unit owners shall own an undivided equal interest in the common elements. VII. COMMON EXPENSE AND COMMON SURPLUS _8.1 Common Expense. The common expenses to be borne by each unit owner shall be an equal share of the total expenses and costs of the Association. Each unit owner shall be responsible for an equal portion of the common expenses and costs, and such share shall be a fractional share based on the total number of units in the condominium. 8.2 Common Surplus. Any common surplus shall be owned by each unit owner in the same proportion as their percentage liability for common expenses. IX. MAINTENANCE, ALTERATIONS AND IMPROVEMENTS Responsibility for the maintenance of the condominium property and restrictions upon its alterations and improvements shall be as follows: 9.1 Units 9.1.1 By the Association: The Association shall maintain, repair, and replace, at the Association’s expense: 9.1.1.1 All portions of a unit contributing to the support of the condominium building, which portions shall include, but not be limited to, outside walls of the condominium building and all fixtures on itsexterior, those portions of boundary walls not a part of a unit; floor and ceiling slabs; load-bearing columns and load-bearing walls. 9.1.1.2 All conduits, ducts, plumbing, wiring, and other facilities for the furnishing of utility services contained in the common elements and the portions of a unit maintained by the Association; and all such facilities contained within a unit that service part, or parts, of the condominium other than the unit within which contained. 9.1.1.3 All incidental damage caused to a unit by such work immediately above described shall be repaired promptly at the expense of the Association. 9.1.1.4 All common elements of the Association (other than the limited common elements that are required elsewhere herein to be maintained by the unit owners). The Association’s responsibility does not include interior wall switches or receptacles, plumbing fixtures, or other electrical, plumbing, or mechanical installations located within a unit and serving only that unit. All incidental damage caused to a unit or limited common elements by work performed or ordered to be performed by the Association shall be repaired promptly by and at the expense of the Association, which shall restore the property as nearly as | practical to its condition before the damage, and the cost shall be a common expense, except the Association shall not be responsible for the damage to any alteration or addition to the common elements made by a unit owner or his or her predecessor in title or for damage to paint, wallpaper, paneling, flooring, or carpet, which, of necessity, must be cut or removed to gain access to work areas located behind it. 9.1.2 By the Unit Owners: Each owner, at the owner’s expense, shall be responsible for the maintenance, repair, and replacement of all portions of his or her unit and certain limited common elements. Such maintenance responsibility shall include, but shall not be limited to, maintaining, repairing, and replacing, as necessary, portions of the plumbing, heating, electrical and air conditioning systems that serve only the unit. In addition, each unit owner shall be responsible for: 9.1.2.1 The circuit breaker panel and all electrical wiring going into the unit from the panel. 9.1.2.2 Interior finishes of walls, ceilings and floors, including wall and floor coverings. 9.1.2.3 All interior partition walls that do not form part of the boundary of the unit.9.1.2.4 All windows and exterior doors, including sliding glass doors. 9.1.2.5 Other facilities or fixtures that are located or contained entirely within the unit and serve only that unit. 9.1.3 Other Unit Owner Responsibilities 9.1.3.1 Balconies. Where a limited common element consists of a balcony, the unit owner who has the right of exclusive use of the area shall be responsible for the day-to-day cleaning and care of the walls, floors, and ceiling bounding said area, if any; and all fixed glass and sliding doors in portions of the entranceway to said area, if any; and the wiring, electrical outlet(s), and fixtures thereon, if any, and the replacement of light bulbs. The Association is responsible for the maintenance, repair and replacement of all exterior walls of the building and the concrete slabs. The unit owner shall be responsible for day-to-day cleaning and care, but all painting and maintenance of the exterior surfaces and structures of the building shall be the responsibility of the Association and shall be a common expense. 9.1.3.2 Guest Quarters. Where a limited common element consists of a Guest Quarters, the unit owner who has the right of exclusive use of the area shall be responsible for maintaining, repairing, and replacing, as necessary, portions of the plumbing, heating, electrical and air conditioning systems that serve only the specific Guest Quarters. In addition, each unit owner shall be responsible for the following: the circuit breaker panel and all electrical wiring going into the Guest Quarters from the panel; interior finishes of walls, ceilings and floors, including wall and floor coverings; all interior partition walls that do not form part of the boundary of the Guest Quarters; and other facilities or fixtures that are located or contained entirely within the Guest Quarters and serve only that Guest Quarters. Additionally, the unit owner shall be responsible for day- to-day cleaning and care, but all painting and maintenance of the exterior surfaces and structures of the building shall be the responsibility of the Association and shall be a common expense. 9.1.4 Alterations and Improvements: Neither a unit owner nor the Association shall make any alteration in the portions of a unit that are to be maintained by the Association, remove any portion of such, make any addition to them, do anything that would jeopardize the safety or soundness of the building or impair any easement, without first obtaining written approval of the Board of Directors of the Association. A copy of plans for all such work prepared by an architect or engineer licensed to practice in Florida shall be filed with the Association prior to the start of the work.9.2 Common Elements, 9.2.1 By the Association. The maintenance and operation of the common elements (including the limited common elements, except as otherwise provided herein) including the repair, maintenance, and replacement of landscaping and other improvements and facilities shall be the responsibility of the Association as a common expense. 9.2.2 Alteration and Improvement, There shall be no material alteration or further improvement of the real property constituting the common elements without prior approval, in writing, by not less than two-thirds (2/3) of the members of the Association, except as to alterations that occur as a result of casualty that are made to bring the condominium building in compliance with the current building codes. Any such alteration or improvement shall not interfere with the rights of any unit owner without their consent. 9.3. Enforcement of Maintenance. In the event the owner of a unit fails to maintain a unit as required above, the Association shall have the right to charge the unit owner and the unit for the necessary sums to put the improvements within the unit in good condition or to take such other lawful steps as may be necessary to remedy the violation. In addition, the Association may levy reasonable fines against a unit for the failure of the owner to comply with the maintenance provision set forth above. No fine may exceed $100 per day. However, in the case of a continuing violation, the Association may levy a fine each day of the violation. Such fine in no event shall exceed the aggregate of $1,000. No fine shall be levied absent notice and an opportunity to be heard by the unit owner, and no fine will become a lien against a unit. The Association shall be entitled to reasonable costs and attorneys fees for any collection efforts under this section, whether or not a suit is filed. . x. THE ASSOCIATION 10.1 Purposes. The Association’s purposes are: 10.1.1 To manage, operate, insure, construct, improve, repair, replace, alter and maintain the common elements. 10.1.2 To provide certain facilities, services and other benefits to the owners. 10.1.3 To administer and enforce the covenants, conditions, restrictions, reservations, and easements created by this Declaration. 10.1.4 To levy, collect and enforce the assessments, charges and liensimposed pursuant to this Declaration. 10.1.5 To enter into agreements with other persons and/or entities, including, but not limited to, easements, licenses, leases and other agreements with one or more condominium associations or the Master Association, for facilities and services that serve the Association, other condominium associations, and/or owners with the Master Association. 10.1.6 To take any action that it deems necessary or appropriate to protect the interests of the owner. 10.1.7 To regulate and manage the Condominium. 10.1.8 To undertake such other matters as may be set forth in the Condominium Documents and which are deemed to be necessary or convenient by the Board. 10.2 Limitation of Liability. Notwithstanding the duty of the Association to maintain and repair parts of the condominium property, the Association shall not be liable to unit owners for injury or damage, other than the cost of maintenance and repair, caused by any latent condition of the property to be maintained and repaired by the Association, or caused by the elements or other owners or persons. 10.3 Membership. The record owners of all units in this condominium shall be members of the Association and no other persons or entities shall be entitled to membership. Membership shall be established by the acquisition of fee simple ownership interest in a condominium parcel in this condominium, whether by conveyance, devise, judicial decree, or otherwise, subject to the provisions of this Declaration and by the recordation among the public records of Walton County, Florida, of the deed or other instrument establishing the acquisition and designating the parcel affected thereby and by the delivery to the Association a true copy of such recorded deed or other instrument. The new owner designated in such deed or other instrument shall thereupon become a member of the Association and the membership of the prior owner, as to the parcel designated, shall be terminated. XI. ASSESSMENTS The making and collecting of assessments against unit owners for common expenses shall be the obligation of the Board of Directors and subject to the following provisions: 11.1 Obligation for Assessments. Each unit is subject to assessments by the Association for the maintenance and operation of the Condominium, including the management and administration of the Association and other common expenses as set forth in this Declaration. Each unit has the obligation to pay to the Association the following: 10(a) General Assessments for expenses included in the budget, and (b) Special Assessments for the purposes provided for in this Declaration. 11.2 Special Assessment. The Board may impose a special assessment for any unusual or emergency maintenance or repair or other expense which this Declaration requires the Association to pay. The Board must give proper notice to the unit owners of the meeting at which any nonemergency special assessment will be proposed, discussed, or approved. The funds collected pursuant to a special assessment must be used only for the specific purpose or purposes stated in the notice. Upon completion of the project, any excess funds are considered common surplus and may, at the discretion of the Board, either be returned to the unit owners or applied as a credit toward future assessments. Additionally, the excess funds can be used for such other purpose(s) that are approved by a majority of the unit owners present and voting at a meeting of the membership at which a quorum is present. 11.3. Non-Waiver. The liability for assessments may not be avoided by waiver of the use or enjoyment of any common elements or by abandonment of the unit for which the assessment is made. 11.4 Interest, Administrative Late Fee, and Application of Payments. Assessments and installments on such assessments paid on or before ten (10) days after the date when due shall not bear interest, but all sums not paid on or before ten (10) days after the date when due shall bear interest at the highest rate allowed by the laws of the State of Florida from the date when due, until paid. In addition to interest, the Association may charge an administrative late fee in.an amount not to exceed the greater of $25.00 or five percent (5%) of each installment of the assessment for each delinquent installment that the payment is late. All payments received by the Association upon account shall be first applied to interest, then to any administrative late fee, then to any costs and reasonable attorneys’ fees incurred in collection, and then to the delinquent assessment. 11.5 Lien for Assessments. The Association has a lien on each condominium parcel to secure the payment of assessments, plus accrued interest and late fees. Except as otherwise provided, the lien is effective from and shall relate back to the recording of the original Declaration of Condominium. However, as to first mortgages of record, the lien is effective from and after recording of a claim of lien in the public records of Walton County, Florida. Where a unit owner is delinquent in the payment of assessments, and the Association institutes collection procedures by pursuing a claim of lien, for the purpose of that action, the