03/18/2013 :08 AN

Instrumentti 2013-051645 # 1
Book: 6831
Page: 4796

CERTIFICATE OF AMENDMENT OF
NOVA COMMERCIAL PROPERTIES CONDOMINIUM ASSOCIATION,INC.
The President of the Association hereby certifies that a Special Meeting of the Members of Nova
Commercial Properties Condominium Association,Inc.("the Association")for the specific purpose
of approving a new restrictive covenant, as described in the proposed Third Amendment of
Declaration was held on Monday, November 19, 2012 at 4 P.M. at the office of Pyle & Dellinger,
PL, 1655 N. Clyde Morris Blvd., Suite 1, Daytona Beach, FL 32117.
A Notice of Meeting was mailed to owners in accordance with the Association's governing
documents and Florida law.
The President confirmed that a quorum of Members was present, and prepared and executed the
attached Minutes, which accurately state the outcome of the meeting.
The President of the Association hereby certifies that a Special Meeting of the Board of Directors
ofthe Association for the specific purpose of approving a new restrictive covenant, as described in
the proposed Third Amendment of Declaration was held on Monday,November 19, 2012 at 4:15
P.M. at the office ofPyle & Dellinger,PL, 1655 N. Clyde Morris Blvd., Suite 1, Daytona Beach,FL
32117.
The President confirmed that a quorum of Members was present, and pr .ared and exe uted the
attached Minutes, which accurately state the outcome of the meeting.

By:
Patrick Sullivan, President

Respectfully submitted

Before me, this 42.0 day of November, 2012, a Notary Public in and for the State of Florida,
personally appeared Patrick Sullivan,President ofNova CommercialProperties Condominium Association,
Inc. , who is personally known to the Notary Public.
tateo Florida
publip
Notary
MICHAEL A.PYLE
MY COMMISSION4EE 142952
j EXPIRES: December 3,2015
Bonded Thru Notary Public Underwriters

Inst rument# 2013-051645 # 2

THIS AMENDMENT is made effective on the date a vote approving same was held and the
requisite number of voting members voted in favor thereof.
WITNESSETH:
WHEREAS,Nova Commercial Properties,LLC recorded the Declaration ofCondominium
ofNOVA COMMERCIALPROPERTIES,a Condominium on March 14,2007,in Official Records
Book 6024,Page 2274,and the First Amendment thereto on April 8,2008 in Official Records Book
6215,Page 1575,both documents being recorded in the Public Records of Volusia County,Florida
(collectively referred to as "The Declaration"); and,
WHEREAS, a Second Amendment has been approved,terminating the condominium as to
a portion ofthe original condominium property; and,
WHEREAS,upon the request ofa Unit Owner,the Association gave notice ofa Members'
Meeting to determine the question set forth below; and,
WHEREAS,upon a proper vote of the Members of the Association, and ratified by the Board of
Directors, this Third Amendment has been approved.
NOW, THEREFORE, the Declaration of Condominium of NOVA COMMERCIAL
PROPERTIES, a Condominium, recorded March 14, 2007 in Official Records Book 6024, Page
2274,ofthe Public Records ofVolusia County,Florida, as previously amended,is hereby amended
as follows:
Paragraph J. is hereby added to Article XIVofthe Declaration, OCCUPANCYAND USE
RESTRICTIONS:
No owner, tenant or occupant maypromote, operate or allow thefollowing activities within
any Unit in Nova Commercial Condominium:
1

Instrument 2013-051645 # 3
Book: 6831
Page: 4798

1.
Any activity that isforbidden, or is not permitted by or not licensed under
applicable zoning laws, ordinances or regulations ofany applicable governmental
agency or agencies, specifically including, but not limited to laws, ordinances, or
regulations that restrict,forbid or limit adult entertainment, alcohol distribution, or
gambling;
2.
Any activity that is not issued a valid Business License by the applicable
governmental agency or agencies;
3.
Any activity that involvesfull or partial nudity, or dancingfor spectators
(other than a legitimate dance class in which participants are fully dressed and
participating in a class);
4.
Any activity that involves physical touching ofa person, including massage,
except by massage therapists, or health care providers who aretrained and
appropriately licensed in an accepted and state-governed medical or therapeutic
field;
5.
Any activity that involves the purchase, sale, import or export, or service, of
alcohol by a person, corporation, or any entity, that must hold a license pursuant to
Florida Statutes, Chapters 561 through 565, or a permit under Chapters 210 and
569, Florida Statutes, whereby the percentage of alcohol gross sales per month
exceeds that ofthe accompanying percentage offood service sales per month. The
term "gross sales" is defined as all wholesale, retail, cash and credit sales of
merchandise made and all chargesfor services performed,from, on, or resulting
from the use ofthe unit.In the case ofa nationally-operated restaurant, occasionally
failing to meet the criteria (not more than two months in a twelve month period)
would not result in violation;
6.
Any gambling or gaming activity, including any type ofbusiness, such as an
Internet provider, orfacility that offers any type ofgame ofchance, gambling or
othergaming activities, even ifthose activities are computer/Internet-based and even
ifitems ofvalue other than money are offered to winners."

IN WITNESS W
I
Amendment this

Instrument# 2013-051645 # 4
Book: 6831
Page: 4799
Diane N. Natousek
Volusia County, Clerk of Court
t e Association has executed the above and foregoing
1/:
ay of
,2012.

Signed, sealed and delivered

NOVA COMMERCIAL
PROPERTIES CONDOMINIUM
ASSOCIATION,INC.,
rpor
a Flor

}it66 oCSA,
By:
Print Name:

Jennie Allen
oA.:10

ItOVN
Print Name:

Patrick E. Sullivan, President

Trish Flowers

STATE OF FLORIDA
COUNTY OF VOLUSIA
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared PATRICK E.
SULLIVAN, well known to me to be the President of NOVA COMMERCIAL
PROPERTIES CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit
corporation, and that he acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in him by said
corporation.

If

WITNESS my hand and official seal in the State and County last aforesaid this
day of AP,t1r,2012.

q
Notary Public
MICHAEL A.PYLE
.7
44
-1
44,

MY COMMISSIONI EE 142952
EXPIRES: December 3,2015
Bonded Thru Notary Public Underwriters