1MASTER DEED
THIS MASTER DEED, made this 10th day of May , 1973, by BURNT TAVERN MANOR, INC., a New Jersey Corporation, having offices at One Woodbridge Center, Woodbridge, New Jersey, (hereinafter referred to as “Grantor”).
WHEREAS, Grantor is the owner of the fee simple title to those lands and premises described in Exhibit “A”(the “Premises”) attached hereto and made a part hereof; and
WHEREAS, it is the present intention of the Grantor to develop the Premises as a condominium consisting of 366 units pursuant to the provisions of the R.S. 46:8B-l et seq. (The Conduminium Act) under the name of Burnt Tavern Manor Condominium and to that end to cause this Master Deed to be executed and recorded, together with all necessary exhibits thereto.
THEREFORE, WITNESSETH:
Declaration
1. Grantor does hereby submit, declare and establish Burnt Tavern Manor Condominium, in accordance with R.S. 46:8B-l et seq. for that parcel of land described in Exhibit “A” aforesaid, all as shown on that certain map entitled “Overall Site Plan, Burnt Tavern Manor”, Township of Brick, County of Ocean and State of New Jersey prepared by Fellows, Read & Weber, Inc., Consulting Engineers, and attached hereto as Exhibit “B” and made a part hereof, consisting of one sheet, which condominium is hereinafter referred to as Burnt Tavern Manor, and sometimes as “Condominium”.
The Condominium
2. Burnt Tavern Monor contains forty-nine (49) buildinqs and includes all rights, roads , water, privileges and appurtenances thereto belonging or appertaining. Said forty-nine (49) buildings, consist of thirty-seven (37) apartment buildings containing in the aggregate two hundred ninety-six (296) dwelling units and twelve (12) townhouse buildings containing in the aggregate seventy (70) townhouse dwelling units. Each building will have a separate numerical designation and each such dwelling unit will be designated by a letter (which also reflects the model type) and by the number of the building of which each such dwelling unit is a part. In addition, the Condominium contains a recreation unit consisting of a recreation buillding, two lakes, a swimming pool, wading pool and two tennis courts, and all rights, roads, water, privileges and appurtenances thereto.
Dimensions
3. The dimensions, area and location of the dwelling units and the recreation unit for the Condominium are as shown graphically on Exhibit “B” and Exibit “B-1” aforesaid, as same may be amended from time to time as herein provided. Each dwelling unit is intended to contain all space within the area bounded by the interior surfaces of the exterior perimeter walls of each dwelling unit and the floor and the ceiling (or roof in the case of townhouse units) of each dwelling unit as follows:
BOTTOM: The bottom of the dwelling unit is a horizontal plane through the lowest point of the interior unfinished surface of the lowest subfloor and extending in every direction to point where it closes
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with the interior finished and unpainted surfaces of the four perimeter walls of each dwelling unit.
TOP: The top of the dwelling unit is along and coincident with an imaginary plane along the interior unfinished surface of the ceiling (or underside surface of the rafters in the case of townhouse units) of each dwelling unit.
SIDES: The sides of each dwelling unit are as graphically shown on Exhibit “B”, according to the type of dwelling unit described. They are vertical planes along and coincident with the interior finished and unpainted surface of the perimeter walls and they extend upward and downward so as to close the area within the dwelling bounded by the bottom and top of the dwelling unit.
The recreation unit is intended to oonsist of all space and physical structures located within an imaginary cube, the botton of which is a horizontal plane through the highest point of any physical structure located within the cube, the top of which is a horizontal plane parallel with the bottom horizontal plane and located at an elevation of feet above sea level the sides of which are vertical planes extending perpendicularly from the top and bottom of the recreation unit along and coicident with an imaginary line from the perimeter of the area of the recreation unit as shown on Exhibit ” ” aforesaid and as described in Exhibit ” ” hereto.
The physical structures located within the recreation unit are as sbown on Exhibit ” ” attached hereto and made a part hereof. Each dwelling unit and the recreation unit also includes all appliances, fixtures, interior partitions and other improvements located
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within the dwelling unit described which are exclusive to such dwelling unit, although all or part; thereof may not be located within the dwelling unit, and shall include but not be limited to the following individual appurtenances:
- Complete heating system.
- Complete air conditioning system, including compressor (whether located within or without the dwelling unit).
- Complete plumbing system.
- All electrical wires which extend from the ceiling, walls or floors into the interior air space and all fixtures, outlets and circuit breakers and service panels.
- All utility meters not owned by the public utility or agency supply service.
- Patio or deck lights and entry lights appurtenant to each unit. All balconies, stoops, porches, patios and fences, if any, shall be limited comron elements for the exclusive and private use of the owner or occupants of the appurtenant unit, subject to any easements hereinafter set forth in Paragraph 6 hereof. In addition, all window glass and sliding glass doors appurtenant to each dwelling unit shall be limited common elements for the exclusive use and maintenance of the owner or occupants of the dwelling unit subject to easements in Paragraph 6 hereof.
General Common Elements
4. All appurtenances and facilities and other items which are not
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part of the dwelling units or limited common elements or individual appurtenances as hereinbefore described in Paragraph 3, shall comprise the general common elements as graphically shown on Exhibit “B” and “B-1” aforesaid. The general common elements shall also include by way of description but not by way of limitation:
(a) All lands described in Exhibit “A” aforesaid, whether or not occupied by buildings containing the above-described units, and all portions of any building not included within any unit nor constituting a limited conmon element.
(b) All streets, curbs, sidewalks, parking areas, subject to the easements and provisions set forth in Paragraph 6 of this Master Deed.
(c) All lands described in Exhibit “ ” aforesaid, describing the recreation unit.
(d) Lawn areas, shurbbery, conduits, utility lines and waterways, subject to the easements and provisions set forth in Paragraph 6 hereof.
(e) The electrical and telephone wiring network throughout the Condominium not owned by the public utili-ties providing such services.
(f) Public connections for gas, electricity, light, telephone and water not owned by the public utility or other agencies providing such services.
(g) The foundations, main walls, (including doors and chimneys therein), roofs, and floors.
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(h) Exterior lighting and other facilities necessary to the upkeep and safety of the buildings and ground, except that all entry lighting and patio or deck Liqht.iriq shall be the responsibility of the unit owner to which it is appurtenant.
(i) All other elerrents of the Condominium rationally of common use or necessary to its existence, upkeep and safety.
Percentage Interest
5. The owners of each dwelling unit shall have such an estate therein as may be acquired by grant, by purchase or by operation of law, including an estate in fee simple, and shall acquire as an appurtenance to each dwelling unit, an undivided percentage interest in the general common elements of the Condominium as set forth in Exhibit “B” annexed nereto, subject to amendments as herein provided. Said appurtenant undivided percentage interest in the general common elements shall not be divisible from the dwelling unit which it appertains.
Said undivided percentage interest shall be used to allocate proportionate liability for common expenses, proceeds from any eminent domain proceedings and any common surplus of the Burnt Tavern Manor Condominium Association; however, anything to the contrary notwithstanding, said percentage interest shall not be utilized for the determination of voting rights of unit owners or for the allocation of proceeds, if any, resulting from any casualty, loss or other disposition of Condominium property. Such undivided percentage interest shall not be changed without the acquiescence of all of the owners of all of the dwelling units described aforesaid, which change if made, shall be evidenced by an appropriate amend-ment to this Master Deed, recorded in the Office of the Ocean County Clerk.
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Said undivided percentage interest is expressed as a finite number to avoid an interminable series of digits, The fifth digit has been adjusted to that value which is most nearly correct, These per-centages shall remain fixed. Voting rights shall be based upon one vote for each dwelling unit within the Condominium, and the allocation of proceeds, if any, resulting from any casualty, loss or other disposition of Condominium property not expressed herein in the preceding Paragraphs shall be based upon the value of each dwelling unit affected as determined by an appraisal obtained by the Board of Directors of the Association, from a duly qualified appraiser. Said value shall be measured at the time when the right to any such proceeds commenced to accrue.
Easements
6. (a) Grantor, for itself, its successors and assigns, hereby declares that the Condominium property shall be subject to the following easements:
(1) Every dwelling unit owner shall have a per-petual easement for the following purposes, the use of which shall be a non-exclusive easement in, under, over, across and through the general ccnrron elements and the limited comron elements subject to all applicable rules and regulations promulgated by the Burnt Tavern Manor Condominium Association:
(i) To keep, maintain, use, operate, repair and replace his unit in its original position and in every subsequent potition to which it changes by
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reason of the gradual forces of nature and the elements.
(ii) To provide ingress and egress to his dwell ing unit.
(iii) To use and enjoy the surfaces of the main walls, (including windows, doors and chimneys therein), ceilings and floors contained within his dwelling unit.
(iv) For the continuance of any encroachment by his dwelling unit on any adjoining unit or on any general or limited common element, now existing as a result of construction of the buildings or which may come into existence hereafter as a result of the reconstruction of the buildings, or a dwelling unit after damage by fire or other casualty, or as a result of condemnation or eminent domain proceedings, so that any such encroachment may remain undisturbed so long as the buildings stand.
(v) For possession and use of t.hose limited common elements such as balconies, patios, stoops, doorsteps, and windows and sliding glass doors which are appurtenant to individual units as shown on Exhibit”A” aforesaid and for that portion of the lawn area contiguous to the townhouse units which are designated “Exclusive Lawn Easements” on Exhibit “B” aforesaid.
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(vi) A blanket easement for the purpose of installation, maintenance, repair ~and replacement of all sewer, water, power and telephone, pipes, lines, mains, conduits, waters, poles, transformers, master television antenna or cable television facilities, and any and all other equipment or machinery necessary or incidental to the proper functioning of any utility system serving Burnt Tavern Manor
Should any governmental agency or utility company furnishing one of the foregoing services hereafter request a specific easement by a separate recordable instrument in connection with the furnishing of any such service, the Board of Directors of the Burnt Tavern Manor condominium Association shall have the right to grant such easement provided that it does not impair the rights of any unit owner.
(vii) ‘Ib use and enjoy and for ingress and egress to the recreation unit subject to such Rules and Regulations as may be imposed by the Burnt Tavern Manor Condominium Association.
(2) The Grantor, its successors and assigns shall have and enjoy the following easements:
(i.) An easement in, upon, through and over the comron elements for as long as the said Grantor, its successors and assigns, shall be engaged in the construction, development and sale of condominium units,
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which easement shall be for the purpose of construction, installation r maintenance and repai,r of existing buildings and appurtenances thereto, (including all utilities ser- vicing the Condominium), for ingress and egress to all condominium units and all common elements, and for use of the clubhouse, pool, tennis courts, lakes, other recreational facilities and areas, roadways, parking lots, existing and future rrodel units for sales promotion and exhibition. In addition, Grantor hereby reserve the irrevocable right to enter into, upon, over or under any condominium unit for a period of one (1) year after the date of delivery of the unit deed for such purposes as may be reasonably necessary for the Grantor or its agents to complete the Condominium or service any unit thereof.
(3) The Township of Brick, OCean County, New Jersey, its officers, agents and employees (but not the public in general) shall have a blanket perpetual non-exclusive easement to enter upon all roadways, streams, lakes, parking areas, driveways, walkings and sidewalks for purposes of maintaining the safety, health, welfare, po Li.cy and fire protection of the citizens of said Township including the residents of the Burnt Tavern Manor.
(4) The Burnt Tavern Manor Condominium Association, its officers, agents and employees and all policemen, firemen, ambulance personnel shall have a blanket perpetual and non-exclusive easement to enter Burnt Tavern Manor or any part
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thereof in the proper performance of their respective duties and for repair and maintenance of limited and geIJ.eral ccmmn elements. Except in the event of emergencies, the rights accompanying the easements provided for in this Article shall be exercised only during reasonable daylight hours and then, whenever practicable, only after advance notice to and with the permission of the owner or owners directly affected thereby.
By-laws and Administration
7. The administration of the carmon elements of the Condominiurn and the conmunity and recreational facilities shall be by the Burnt Tavern Manor CondominilIDl Association (the “Association”) in accordance with the provisions or the Condcmirriim Act, this Master Deed, the By-laWS attached hereto as Exhibit “C” and made a part hereof, any other documents, amendments, or supplements to the foregoing which may subsequently be required by an insti-tutional mortgage lender, Mortgage Guaranty Insurance Corporation or by any governmental agency having regulatory jurisdiction over the Condominium or by any title insurance company selected by Grantor to insure title to any unit (s) . Grantor hereby reserves for itself, its successors and assigns, for a period of five (5) years from the date hereof, the right to execute on behalf of all contract purchasers, unit owners, rrortgagees, other lien-holders or parties claiming a legal or equitable interest in the Condominium, any such agreerrents, dociment.s. arrendment.s or supplements which may be so required. By acceptance of a deed to any dwelling unit or by the acceptance of any other legal or equitable interest in the Condcmirrirm, each and every
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contract purchaser, unit owner or occupant, or holder of any mortgage or other liens, does automabically and irrevocably name, constitute, appoint and conform Grantor, its successors and assigns, as attorney-in-fact for the purpose of executing such amended Master Deed (s) necessary to effec-tuate the foregoing. The Power of Attorney aforesaid is expressly declared and acknowledged to be coupled with an interest in the subject matter hereof and the same shall run with the title to any and all condominium units and be binding upon the successor’s and assigns of any of the foregoing parties. Further, said Power of Attorney as coupled with an interest shall not be affected by the death or disability of any principal in and to said Power. Said Power shall run with the title to any and all condc:minium units and shall l:e binding upon the successors and assigns of any of the foregoing parties.
Restrictions
8. This Master Deed is subject to all covenants, restrictions and
easements of record, and to the following restrictions:
(a) No unit, except those units owned by the Grantor and used by it as sales offices, administrative offices or models, shall be used for any purpose other than a private residence for use of one family, or for other uses permitted by local zoning ordinances, nor shall anything be done therein which may be a nuisance to the occupants of neighboring units.
(b) There shall be no obstruction of the common areas nor shall anything be stored in the common areas without the prior consent of the Association except as hereinafter expressly provided. Each dwelling unit owner shall be obligated to maintain his own
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dwelling unit and keep it in good order and repair.
(c) Nothing shall be done or kept in any dwelling unit or the common areas which will increase the rate of insurance of the building or the contents thereof beyond the rates applicable for residential units without prior written consent of the Association. No dwelling unit owners shall permit anything to be done or kept in his dwelling unit or in the common areas which will result in the cancellation of Insurance on any of the buildings or the contents thereof, or which will be in violation of any law. 1\0 refuse shall be permitted in the common areas.
(d) Dwelling unit owners shall not cause or permit; anything be hung or displayed on the outside of windows or placed on the outside walls of any of the buildings and no sign, awnings, canopies, shutters or radio or television antennas shall be affixed or placed upon the exterior walls or roofs or any part thereof without the prior consent of the Association except that this provision shall not apply to any signs utilized by the Grantor in promoting or marketing the development.
(e) No animals, rabbits, livestock, fowl or poultry of any kind shall be raised, bred or kept in any dwelling unit or in the common areas, except that one dog or cat may be kept in each dwelling unit by the occupants thereof. Each member agrees not to allow any such dog or cat to roam at large beyond the confines of its unit. Any such pet outside any dwelling unit must be under control or leashed and at no time shall it create a nuisance of any kind.
(f) No noxious or offensive activities shall be carried on
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in any unit or in the common areas nor shall anything be done therein either willfully or negligently which may be ?r become an annoyance or nuisance to the other unit owners or occupants,
(g) Nothing shall be done to any unit or on or in the common areas which will impair the structural integrity of the building musing the unit or which will structurally change the building or the unit.
(h) No clothes, sheets, blankets, laundry of any kind or any other articles shall be hung out or exposed on any part of the common areas or limited common areas. The common areas and the limited common areas shall l::e kept free and clear of rubbish, debris and other unsightly materials and items. Further, no inoperable automobiles or trucks may be stored on blocks or otherwise at any location within the Condominium.
(i) No industry, business, trade, occupation or profession of any kind, (except to the extent allowed under Subparagraph (a) hereof), may be conducted, maintained or per.mitted on any part of the property. No corrmercial vehicles of a size larger than a Panel truck may be parked on any part of the propertyD except those vehicles temporarily on the property for purposes of servicing the property itself or one of the units. No use or practice shall be permitted on the property which is a source of annoyance to residents or which interfere with the peaceful possession and proper use of the property by its residents. All valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed.
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(j) The Association shall have the power to make such regulations as may be necessary to carry out the intent of these use restrictions, and shall have the right to bring law suits to enforce the rules and regulations promulgated by the Association.
The Association shall further have the right to levy fines for violations of these regulations, provided that the fine for a single violation may not, under any circumstances, exceed $5.00. For each day a violation continues after notice it shall be considered as a common charge to be levied against the particular unit owner involved, and collection may be enforced by the Association in the same manner as the Association is entitled to enforce collection of common changes.
(k) The common elements shall be used only for the furnishing of the services and facilities for which they are reasonably suited and which are incident to the use and occupancy of the dwelling and recreation units.
(1) No dwelling unit shall be rented by the owners thereof for transient or hotel purposes, which shall be defined as “(a) rental for any period less than thirty (30) days; or (b) any rental if the occupants of the unit are provided customary hotel services, such as roan service for food and beverages, maid service, furnishing laundry and linen, and bellboy service.” other than the foregoing obligation, the dwelling unit owners shall have the absolute right to lease same provided that said lease is made subject to the covenants and restrictions contained in this Master Deed, the By-Laws and other documents referred to
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herein, including the right of amendment reserved to Grantor herein.
Obligation of Grantor
9. The Grantor covenants and agrees that for so long as it owns one or more of the dwelling units, the Grantor shall be subject to the provisions of this Master Deed and of all exhibits attached hereto, and the Grantor covenants to take no action that will adversely affect the rights of the other owners of units and their successors in interest, as their interests may appear.
No Partition
10. Subject to the provisions of the Master Deed and By-laws and the Condominium Act, the general common elements shall remain undivided and no dwelling unit owner (s) shall bring any action of partition or division thereof. In addition, the undivided Percentage interest in the general or limited common elements shall be separated from the dwelling unit to which it appertains and shall be deemed conveyed or encumbered with the dwelling unit even though such interest is not expressly mentioned or described in the conveyance or other instrument.
Obligations of Members and Occupants
11. Each dwelling unit owner or occupant, shall comply with the provisions of this Master Deed, the By-Laws and the Rules and Regulations of the Association and with any other documents, amendments or supplements to the foregoing which subsequently may be required by any governmental authority, as same may be lawfully amended from time to time. Failure to comply with any such provisions, rules or regulations shall be grounds for injunctive relief by the Grantor, the Association and any other unit owner.
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Casualty Loss
12. If any building improvement or common element or any part thereof is damaged, or destroyed by fire, casualty or eminent domain, the repair, restoration or ultimate disposition shall be as provided in R.R. 46:8B-24 and 25, respectively.
Encumbrance of Condominium
13. At its option, Grantor may encumber the entire condominium property or some or all of the units therein with a single or blanket permanent; mortgage constituting a first lien thereon and any such units may be sold or otherwise conveyed or transferred subject to the lien of such mortgage, all in accordance with the provisions of R. S. 46: 8B-23.
Amendment of Master Deed
14. This Master Deed may be amended by the vote of at least 51% of the dwelling unit owners so long as the Grantor is the owner of one or more dwelling units. At such time as the Grantor is no longer the owner of one or more dwelling units, it is specifically provided that this Master Deed may only be amended by the vote of at least 66-2/3% of all unit owners cast in person or by proxy at a meeting duly held in accordance with the provisions of the By-Laws, provided, however, that any such amendment shall have been approved in writing by any mortgagee who is the holder of mortgages comprising first liens on fifteen or more units, which approval shall not be unreasonably withheld. No such amendment shall be effective until recorded in the Office of the Clerk of Ocean County, New Jersey.
Severability and Rule Against Perpetuities
15. If any provision of the Master Deed or the By-Laws shall be held invalid it shall not affect the validity of the remainder of the Master
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Deed and the By-Laws. If any provision of the Master Deed or By-Laws would otherwise violate the rule against perpetuities or any other rule, statute or law imposing time limits, then such provision shall be deemed to remain in effect until the death of the last survivor of the now living descendants of Robert F. Kennedy, deceased, ex-Senator of the State of New York, and Senator Edward M. Kennedy of the State of !-1a.ssachusetts, plus twenty-one (21) years thereafter.
Sale or Lease or other Disposition of Units – Right of First Refusal of Association
16. In the event that a unit owner desires to sell, rent or lease his dwelling unit, the Association shall have the option to purchase, rent or lease said unit upon the same conditions as are offered by the unit owner to any third person. Any attempt to sell or rent or lease said unit without prior offer to the Association shall be wholly null and void, and shall confer no title or interest whatsoever upon the intended purchaser, tenant or lessee. Should the unit owner wish to sell, lease or rent his dwelling unit, he shall, before accepting any offer to purchase, sell, lease or rent his dwelling unit, deliver to the Board of Directors of the Association a written notice containing the terms of the offer he has received or which he wishes to accept, including a copy of the offer, the name and address of the person (s) to whom the proposed sale, lease or transfer is to be made, and such other information (to be requested within five (5) days from receipt of such notice) as may be required by the Board of Directors. Any lease or rental arrangement shall be for not less than one (1) year unless approved by the Board of Directors. The Board of Directors, within ten (10) days after receiving such
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notice, and such supplemental information as is required by the Board of Directors, shall either consent to the transaction specified in said notice, or u by written notice to be delivered or mailed to the unit owner , designate the Association, or one or more persons who are then unit owners or any person(s) satisfactory to the Board of Directors, woo is willing to purchase, lease or rent upon the same terms as those specified in the unit owner ‘ s notice. The stated designee of the Board of Directors shall have fourteen (14) days from the date of notice sent by the Board of Directors to make a binding offer to buy, lease or rent upon the same terms specified in the unit owner’s notice. Thereupon, the unit owner shall either accept such offer or withdraw and/or reject the offer specified in his notice to the Board of Directors. Failure of the Board of Directors to designate such Person (s) within said ten (10) day Period, or failure of such person or persons to make such an offer within said fourteen (14) day period, shall be deemed as a consent by the Board of Directors to the transaction specified in the unit owner ‘ s notice, and the unit owner’ shall be free to make or accept the offer specified in his notice, and sell, lease or rent said unit pursuant thereto to the prospective purchaser or tenant named therein within ninety (90) days after his notice was given. If the transaction is a sale and the sale is approved, either formally or by failure to purchase as herein permitted, by the Association, then such approval shall be set forth in an instrument executed by the Association in recordable form. No subleasing or sub renting by a lessee of a dwelling unit shall be permitted. The Board of Directors shall have the right to require that a uniform form of lease be used.
The foregoing provisions shall in no way be construed as affecting the rights of a permitted mortgagee and the preemptive rights hereinabove set forth
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shall remain subordinate to any such mortgage, and the provisions hereof shall not be applicable to purchasers at foreclosure or other judicial sales of permitted mortgages, to transfers to permitted mortgagees, or to the Grantor. After the time a permitted mortgagee or the Grantor has sold such dwelling unit, then the preemptive rights hereinabove set forth shall be applicable to the unit owner. The provisions set forth above shall not be applicable to the Grantor and the Grantor is irrevocably authorized, Permitted and empowered to sell or lease or rent dwelling units to any purchaser or lessee approved by it. The Grantor shall have the right to transact any business on the property necessary to consummate the sales of dwelling units, including, but not limited to, the right to maintain models , having signs identifying the property and advertising the sale of dwelling units, maintaining employees in the offices, the use of elevators and common elements, and to show dwelling units for sale or lease. A unit owner may make a gift of, devise or otherwise transfer his dwelling unit, provided that the person acquiring the dwelling unit by such gift or devise (or in any other manner except sale or lease) shall so notify the Association. If the transferee of the dwelling unit is other than the surviving spouse, child, parent, sister or brother of the unit owner, the Association shall have the right, for a period of thirty (30) days, to procure a purchaser for such dwelling unit, who shall pay therefor in cash the fair market value which, if disputed, shall be determined by arbitration with the findings thereof conclusive and binding on all parties; in the event of the failure of the Association to procure such purchaser, the person acquiring the dwel1ll1g unit shall be deemed to have been approved by the Association. The foregoing provisions have been established. in order to maintain
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a community of congenial residents in the Condominium and to assure the approval and responsibility of each unit owner to pay those obligations required to be paid by said unit OM1er. Under no circumstances may the provisions thereof be used to foster discrimination or to deny the purchase of any dwelling unit on account of a person’s race, religion, creed or place of national origin.
No Waiver
17. No provision contained in this Master Deed shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur.
Gender
18. The use of the masculine gender in this Master Deed shall be deemed to refer to the feminine gender and the use of the singular shall be deemed to refer to the plural, and vice versa, whenever the context so requires. Unless the context clearly indicates otherwise, all definitions set forth in R.S. 46:8B-3 are incorporated herein by reference.
Exhibits
19. Exhibits attached hereto and made a part hereof are the following:
(a) Exhibit ‘A” – Metes and bounds description of Condominium consisting of 2 pages.
(b) Exhibit “B-1” – Metes and bounds description of recreation unit consisting of 1 page.
(c) Exhibit “B” – Map known as “Overall Site Plan, Burnt; Tavern Manor” II prepared by Fellows, Read & Weber, Inc. u Consulting Engineers, dated March 19, 1973, consisting of 1 page.
(d) Exhibit “C” – By-Laws, dated. May 10 , 1973, consisting of 28 pages.
(e) Exhibit “D” – Percentage of Interest consisting of 1 page.
WITTNESSETH the hand and seal of the Grantor, Burnt Tavern Manor
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Inc., a New Jersey corporation, which has been affixed by its President and Secretary, the date and year first above written. ‘
BURNT TAVERN MANOR, INC. STATE OF NEW JERSEY )
ss:
COUNTY OF OCEAN )
BE IT REMEMBERED, that on this 10th day of May , 1973, before me, the subscriber, a Notary Public of the State of New Jersey, personally appeared PATRICIA ADAMS who, being by me duly sworn on her oath, deposes and makes proof to my satis-faction, that she is the Asst Secretary of the Corporation named in the within instrument; that EUGENE L. FISHKIND is the President of said Corporation; that the execution, as well as the making of this Instrument, has been duly authorized by a proper resolution of the Board of Directors of the said Corporation; that deponent well knows the corporate seal of said Corporation; and that the seal affixed to said Instrument is the proper corporate seal and was thereto affixed and said Instrument signed and delivered by said President as and for the voluntary act and deed of said Corporation, in presence of deponent, woo thereupon subscribed her
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name thereto as attesting witness.
Sworn to and Subscribed before me, the date aforesaid.
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All that certain lot, tract or parcel of land and premises, situate, lying and being in the Township of Brick, County of Ocean and State of New Jersey and being more particularly described as follows:
BEGINNING at a concrete monument at the most northerly corner of the subdivision of property of Frank A. Rae as recorded in the Ocean County Clerks Office on December 4, 1958 as Map No. D-424; thence from said beginning
(1) South 54° 06′ 22″ West along the northwesterly line of said subdivision 132.00 feet to a concrete monument thence
(2) North 04° 06′ 22″ East along the easterly line of the East Lakewood subdivision (unfiled) 88.15 feet to a concrete monument, thence
(3) North 59° 07′ 03″ West along the northeasterly line of East Lakewood , 73.83 feet to a concrete IIDnument; thence
(4) North 05° 55′ 55″ East along the easterly line of the wardell Manor Subdivision (unfiled) and the extension thereof t 2796.78 feet to a concrete monument in the southerly line of Burnt Tavern Road (49.5 feet wide) said monument; being at the northeasterly corner of a deed recorded in deed took 176, page 457; thence
(5) In a northeasterly direction along the southerly line of Burnt Tavern Road (49.5 feet wide) on a curve rearing to the left, having a radius of 1298.32 feet, an arc distance of 43.26 feet to a point of tangency; thence
(6) North 71° 12′ 46″ East continuing along the southerly line of Burnt Tavern Road (49.5 feet wide) 734.19 feet to a concrete monument; at a point of curvature; thence
(7) In a southeasterly direction continuing along the line of Burnt Tavern Road on a curve bearing to the right having a radius of 197.68 feet, an arc distance of 223.11 feet to a concrete monument at a point of tangency; thence
(8) South 44° 07′ 13″ East continuing along the southwesterly line of Burnt Tavern Road (49.5 feet wide) 1215.46 feet to a concrete monument at a point of curvature; thence
(9) In a southeasterly direction continuing along the line of Burnt Tavern Road, on a curve bearing to the left having a radius of 420.95 feet, an arc distance of 141.21 feet to a concrete monument; in the southwesterly line of the Sweeney Sub:1ivision (unfiled) i thence
EXHIBIT “A”
(10) South 43° 46 1 51″ East along said line 145.50 feet to an Old stone; comer to Deed Book 144, Page 139; thence
(11) South 38° 08′ 09″ West along the northwesterly line of said tract; 1331.36 feet to a concrete monument; thence
(12) South 19° 49′ 26″ East along the southwesterly line of said tract, 375.0 feet to a concrete monument; comer to 100 acres recorded in book 520, page 44 and 516, page 27 at Perth Amboy, New Jersey; thence
(13) South 56° 10 1 34″ West along the northwesterly line of 520, page 44, 1000.69 feet to a concrete monument, thence
(14) South 01° 06′ 08″ west along the ‘Westerly line of said tract, 819.65 feet to a concrete monument; thence
(15) North 35° 56′ 34″ West 996.56 feet to the true point and place of beginning.
RECREATION AREA
BEGINNING at a point, said point being located north 19° 49′ 26″ west, 303.60 feet, and south 46° 23′ 59″ west, 191. 01 feet from a monument on the most easterly comer of the subdivision of Lots 3u 4, and 5 p Block 1108 as recorded in the Ocean County Clerk’s office on June 20, 1972 as map No. H-77; thence from said point of beginning.
(1) North 89° 08′ 38″ west along a line 214.00 feet to a point, thence
(2) North 01° 51′ 22″ east along a line 170.99 feet to a point; thence
(3) South 89° 08′ 38″ east along a line 125.00 feet to a point, thence
(4 ) South 69° 56′ 44″ east along a line 94.24 feet to a point, thence
(5) South 000 51′ 22″ west along a line 140.00 feet to the point and place of beginning.
Containing 0.81 acres.
EXHIBIT “B-1”
Pages included with recorded document
EXHIBIT “C” (28 pages “by-laws”)
EXHIBIT “D” (1 page “percentage interest”)
Table of Contents for By-Laws
*added for ease of reference. Not part of any County-recorded documents.
1 – Article I – Nature of By-laws.
2 – Article II – Board of Directors
Section 1 – Number and Qualifications.
Section 2 – General Powers
(a) Operation, care…common areas
(b) Employment of……management
(c) Rules and regulation
(d) Purchase/lease units for Association
(e) Purchase at foreclosure for Association
(f) Sell/lease/mortgage units of Association
(g) Make repairs after damage…
(h) Enforce obligations of owners
(i) Employ managing agent
(j) Minimum standard …floor coverings
(k) Rules and regulations for parking
(l) Rules and regulations for maintenance areas
(m) Employ persons
(n) Employ professional counsel
(o) Employ contractors
(p) Hire and compensate for services
(q) Coordinate owners moving in and out of units
(r) Maintain businesslike relations with owners
(s) Standards for maintenance / repairs
(t) Actions based on governmental bodies
(u) Maintenance of roads and walks
(v) Removal of refuse
(w) Security protection
(x) Maintain insurance coverages
(y) Borrow and repay monies
(z) Financial growth and protections
(aa) Real estate actions
(bb) Clarification of duties
Fiscal duties and responsibilities
Paragraph (1) – Common Receipts
Paragraph (2) – Notice
Paragraph (3) – Acceleration of Assessment Installments Upon Default
Paragraph (4) – Bank Accounts
Paragraph (5) – Interest and Counsel Fees
Paragraph (6) – Expenditure of Funds
Paragraph (7) – Disbursement
Paragraph (8) – Reserves
Paragraph (9) – Annual Audit
Paragraph (10) – Accounts
Section 3 – Election and Term of Office
Section 4 – Removal of Members of the Board
Section 5 – Vacancies
Section 6 – Compensation
Section 7 – Meeting of the Board
Section 8 – Quorum of the Board
Section 9 – Non-Waiver
3 – Article III – Officers
Section 1 – Designation
Section 2 – Election of Officers
Section 3 – Removal of Officers
Section 4 – President
Section 5 – Vice-President
Section 6 – Secretary
Section 7 – Treasurer
Section 8 – Other Duties and Powers
Section 9 – Fidelity Bond
Section 10 – Compensation of Officers
Section 11 – Eligibility of Directors
4 – Article IV – Fiscal Year
5 – Article V – Meetings of the Unit Owners
Section 1 – Time of Meeting
Section 2 – Place of Meeting
Section 3 – Special Meetings
Section 4 – Notice of Meeting
Section 5 – Quorum
Section 6 – Organization
Section 7 – Conduct of the Meeting
Section 8 – Voting
Section 9 – Judges
6 – Article VI – Title to Units
7 – Article VII – Maintenance, Repair & Alterations of Property
Section 1 – Maintenance and Repairs
Section 2 – (charges to unit owners)
Section 3 – (restrictions of unit owners)
8 – Article VIII – Insurance
9 – Article IX – Balconies and Patios
10 – Article X – Additions, Alterations or Improvements by the Board
11 – Article XI – Additions, Alterations or Improvements by the Unit Owner
12 – Article XII – Right of Access
13 – Article XIII – Common Expenses Payable by the Grantor
14 – Article XIV – Electricity, Water and Heating
15 – Article XV – Miscellaneous
Paragraph 1 – Examination of Books
Paragraph 2 – Financing Purchase of Units by the Board of Directors
Paragraph 3 – Notices
Paragraph 4 – Invalidity
Paragraph 5 – Waiver
16 – Article XVI – Amendments
17 – Article XVII – Enforcement
18 – Article XVIII – Exculpability of Board and Officers
19 – Article XIX – Conflict
25 – Exhibits D – G-1
D-1 – Percentage Interest (Fifth Amendment)
Drawings (placeholders)
UPDATED TO AMENDMENTS (THROUGH BOOK 4364)
EXHIBIT “C”
BY-LAWS
OF
BURNT TAVERN MANOR CONDOMINIUM ASSOCIATION
__________________________________________
ARTICLE I – NATURE OF BY-LAWS
SECTION 1. These By-laws are intended to govern the administration of
Burnt Tavern Manor Condominium Association (hereinafter “Association”)
a non-profit membership corporation organized under Title 15 of the
Revised Statutes of New Jersey, together with the management and ad-
ministration of the common elements of Burnt Tavern Manor Condominium,
which has been established by a Master Deed to which these By-laws are
appended as Exhibit “C”, Unless the context clearly indicates otherwise,
all definitions set forth in R.S. 46:8B-3 are incorporated herein by
reference.
ARTICLE II – BOARD OF DIRECTORS
SECTION 1. Number and Qualifications. The affairs of Burnt Tavern Manor
Condominium Association shall be governed by the Board of Directors. Until
(a) 360 units have been sold by the Condominium and shall have been paid
for and title closed or (b) until two years after the date of the recording
of the Master Deed, whichever shall first occur, and thereafter until their
successors shall have been elected by the unit owners, the Board of Directors
shall consist of three persons designated by the Grantor, none of whom need
be residents of Burnt Tavern Manor Condominium. Thereafter the Board
shall be comprised of five persons, all of whom shall be owners of units
and shall be elected by the unit owners.
SECTION 2. General Powers. The property affairs and business of the
Association shall be managed by the Board of Directors, which shall have
all those powers granted to it by law and by the Articles of Incorporation
of the Association. In addition, it shall have the following powers herein
granted or necessarily implied which it shall exercise in its sole discretion:
(a) Operation, care, upkeep and maintenance of the common areas.
(b) Employment, by contract or otherwise, of a manager or an
independent contractor, to oversee, supervise and carry out the responsibi-
lities of the Board of Directors. Said manager or said independent contractor
shall be compensated upon such term or terms as the Board deems necessary and
proper. Those managerial personnel or employees who handle or are responsible
for the handling of monies shall be bonded by a fidelity bond.
Further, the Board of Directors shall only enter
into a professional management agreement with said
manager, managing agent or independent contractor
which provides for a maximum term of three (3) years
and for termination by either party upon at least
ninety (90) days’ prior written notice.
(c) Adoption and amendment of rules and regulations covering the
details of the operation and use of the Condominium property.
(d) Purchasing or leasing or otherwise acquiring in the name of
the Association or its designees, corporate or otherwise, on behalf of all
unit owners, units offered for sale or lease or surrendered by their owners
to the Board.
(e) Purchasing of units at foreclosure or other judicial sales
in the name of the Association or its designee, corporate or otherwise, on
behalf of all unit owners.
(f) Selling, leasing, mortgaging (but not voting the votes apper-
tenant thereto) or otherwise dealing with units acquired by, and subleasing
units leased by the Association or its designees, on behalf of all unit owners.
– page 2 –
(g) Making of repairs, additions and improvements to or altera-
tions of the property and repairs to and restoration of “the property in
accordance with other provisions of these By-Laws after damage or destruction
by fire or other casualty or as a result of condemnation or eminent domain
proceedings.
(h) The Board shall have the power to enforce obligations of the
unit owners, to allocate profits and expenses, and to do anything and everything
else necessary and proper for the sound management of the Condominium,
including the right to bring law suits to enforce the rules and regulations
promulgated. by the Board. The Board shall have the power to levy fines|against the unit owners for violations of reasonable rules and regulations
established by it to govern the conduct of the unit owners. No fine may be
levied for more than $5.00 for anyone violation; but for each day a violation
continues after notice it shall be considered a separate violation. Collection
of the fines may be enforced against the unit owner or unit owner’s involved
as if the fine were a common charge owed by the particular unit owner’ or
unit. owners.
(i) The Board may employ a managing agent and/or manager for the
Condominium at a compensation to be established by the Board, to perform such
duties and services as the Board shall authorize, including but not limited
to the duties granted to the Board as set forth above, The Board may delegate
to the manager or managing agent such powers as may be necessary to carry out
the function of the Board.
(j) The Board shall set minimum standards for floor coverings
Installed by all unit owners (other than townhouse units).
(k) The Board shall establish rules and regulations for the use of
– page 3 –
the parking space and shall devise a system for allocating said parking
spaces providing that there shall be at least one parking space for each
unit.
(1) The Board shall also establish rules and regulations for
the use of any maintenance areas; as it sees fit,
(m) Employ any Person, firm or corporation to repair, maintain,
and renovate all common elements, to seed, sod, plant, transplant, prune,
fertilize, water, cut, destroy, pull plants up or out, spray substances,
put pesticides or other chemical or biological agents in, under or above
the water or grounds, grass, trees, streams, waterways, and the right to
dam or alter the flow thereof on the condominium lands, build, erect, repair,
maintain, and renovate recreation facilities, build, erect, repair, maintain,
and renovate roads, walks, or paths; lay pipes, culverts, bury utilities, put
up lights, or poles, erect signs and traffic controls of various sorts, and
(n) Employ professional counsel to obtain advice from persons;
firms or corporations such as but not limited to landscape architects, recreation
experts, architects, planners, biologists, lawyers, accountants, and
(o) Employ or contract for water and supply, resell or lease the
same; electricity, gas or other forms of utilities; snow plowing or removal;
painting, building, repairing, renovating, remodeling.
(p). Investigate, hire, pay, supervise, and discharge the personnel
necessary to be employed in order to properly maintain and operate the
Condominium. Compensation for services of such employees (as evidenced by
certified payroll) shall be considered an operating expense of the condominium.
(q) Coordinate the plans of owners and occupants of condominium units
for moving their personal effects into the Condominium or out of it, with
– page 4 –
a view towards scheduling such movements so that there shall be a minimum
of inconvenience to other owners or occupants.
(r) Maintain businesslike relations with owners or occupants whose
service requests shall be received, considered and recorded in systematic
fashion, in order to show the action taken with respect to each. As part of
a continuing program, secure full performance by such owners or occupants of
all such items and maintenance for which they are responsible.
(s) Cause the general common elements of the Condominium to be
maintained according to accepted standards, including but not limited to,
interior and exterior cleaning, painting and decorating, plumbing, carpentry,
and such other normal maintenance and repair work as may be necessary.
(t) Take such action as may be necessary to comply promptly with
any and all orders or requirements affecting Burnt Tavern Manor Condominium
Association placed hereon by any federal, state, county or municipal authority
having jurisdiction thereover and order of the Board of Fire Underwriters or
other similar bodies.
(u) Arrange for maintenance of roads, walkways and parking areas.
(v) Arrange for the removal of refuse from all buildings and
common areas.
(w) Arrange for security protection as necessary.
(x) Place and keep in force all of the insurance coverages hereinafter
described in Article VIII hereof.
(y) Borrow and repay monies giving notes, mortgages or other security
upon such term or terms as it deems necessary, and
(z) Invest and reinvest monies, sue and be sued, collect interest,
dividends, capital gains, exercise rights, pay taxes, make and enter into
– page 5 –
contracts; insure, enter into leases or concessions and to pass good and
marketable title without the necessity of any third Party seeing to the
application of the funds; make and execute any and all proper affidavits
for various purposes, Including but not limited to, title to real estate,
compromise any action without leave of court; insure its own liability for
claims against it or for damage to the Association, including moral claims;
and all other powers contained herein, and those necessary and incidental
thereto.
(aa) The powers granted to the Board herein to borrow money on a
real estate mortgage, pass title to real estate, or purchase real estate
shall only be exercised by the Board with the assent of seventy-five (75%)
percent of Members.
(bb) The powers herein granted to the Board or necessarily implied
shall be construed to favor the broadest discretion of the Board of Directors,
except that the Board of Directors shall have the duty to exercise all of
such powers as required by law and by subparagraphs (r), (s), (t), (u) and
(y) of this Section 2 of Article II and shall be governed by the following
with respect to its fiscal duties and responsibilities.
(l) Common Receipts. The Board shall have the duty to
collect as “common receipts” assessed against each unit owner, his, her or
their heirs, administrators, successors and assigns, a proportionate share
of the common expenses of the Condominium as provided in the Master Deed and
in accordance with applicable law. The Board shall have the power to estimate
the cost in advance of an annual basis and to give notice thereof to the
individual unit owners in the manner herein provided and the same shall be a
lien against each condominium unit.
– page 6 –
(2) Notice. The Board shall give notice to each unit owner
in writing of the amount estimated by the Board, of, common expenses for the
management of the Association for the ensuing period, which notice shall be
directed to the unit owner at his last address known to the Board by ordinary
mail. The said notice shall be conclusively presumed to have been delivered
five (5) days after deposit in the United States mails. In the event that
no objection is made by the unit owners on or before the twentieth (20th)
day after receipt of such notice, the amount shall be deemed to be conclusive
and binding. If an annual assessment is not made as required, an assessment
shall be presumed to have been made in the amount of the last prior year’s
assessment, and monthly installments on such assessment shall be due upon
each installment payment date until changed by an amended assessment. In
the event the annual assessment proves to be insufficient, the budget and
assessments may be amended at any time by the Board of Directors, provided,
that nothing herein shall serve to prohibit or prevent the Board of Directors
from imposing a lump sum assessment in the case of any immediate need or
emergency.
(3) Acceleration of Assessment Installments Upon Default.
If a unit owner shall be in default in the payment of an installment upon
an assessment, the Board of Directors may accelerate the remaining installments
of the assessment upon notice to the unit owner, and the then unpaid
balance of the assessment shall come due upon the date stated in the notice,
but not less than five (5) days after delivery of the notice to the unit
owner, or not less than ten (10) days after the mailing of such notice to
him by registered or certified mail, whichever shall first occur.
In addition to the foregoing, any institutional mort-
gagee who is the holder of a first mortgage lien
upon any Unit shall not be responsible for any past-
due and unpaid common expenses incurred prior to said
mortgagee obtaining title to said Unit by deed in
lieu of foreclosure or by any other non-judicial
remedy; the responsibility for which shall be that
of all other Unit owners.
(4) Bank Accounts. The depository of the Association shall
– page 7 –
be such bank or banks as shall be designated from time to time by the Board
and in which the monies of the Association shall be deposited. Withdrawal
of monies from such account(s) shall be only by checks signed by such
persons as are authorized by the Board of Directors, provided that a Management
Agreement may include among its provisions authority for the manager
to sign checks on behalf of the Association for payment of the obligations
of the Association.
(5) Interest and Counsel Fees. The Board, at its option,
shall have the right in connection with the collection of this, or any other
charge, to impose an interest charge at the legal maximum if such payment
is made after a date certain as stated in such notice. In the event that
the Board shall effectuate collection of said charges by resort to Counsel,
the Board may add to the aforesaid charge or charges the sum or sums of
twenty (20%) percent of the gross amount due as counsel fees, in addition
to such costs allowable by law.
(6) Expenditure of Funds. The amount of monies for common
expenses deemed necessary by the Board and the manner of expenditure thereof,
including but not limited to, the allocation thereof shall be a matter for
the sole discretion of the Board, until after the first annual meeting of
the members.
(7) Disbursement. The Board shall take and hold the funds
as collected and shall disburse the same for the purposes and in the manner
set forth herein and as required by law.
(8) Reserves. The Board shall not be obligated to expend all of the
revenues collected in any accounting period, but may maintain various separate
and distinct reserves for, among other things, emergencies, contingencies of
bad weather, improvements, or uncollected accounts, and shall maintain various separate and distinct reserves for the future maintenance, replacement and
repair of those common elements that must be replaced on a periodic basis. Notwithstanding anything to the contrary herein contained, the Board, in its determination of the common expenses and the preparation of a budget, shall specifically designate and identify what portion of the common expenses to be assessed against the Unit owners is allocable to reserves for each separate
item of repair and imporvement of and to the Premises; and upon receipt of the common expenses, the amount thus assessed and collected for any such separate
item of repair and improvement shall either be deposited in a separate and identifiable interest-bearing savings account, or transferred to a separate and identifiable trust established pursuant to a written trust agfreement between
the Association, as Grantor, and the Treasurer and at least one other officer
of the Association, as Trustees, the beneficiaries of which trust shall be the
Unit owners from time to time. The express purpose of each such separate and identifiable savings account or trust shall be to hold the separate and
accumulated protions of the annual assessment against the Unit owners as a
reserve in order to fund each separate item of repair and imporvement, or the commingling or common investment of any monies assessed and collected for more
than one such specific item of repair and imporvement. Any reserves held pursuant to such trust agreements may ge invested in either interest-bearing savings accounts or interest–bearing securities, either short or long term.
(9) Annual Audit. The Board shall submit the books , records
and memoranda to an annual audit by an independent certified public account
who shall audit the same and render a report thereon in writing to the Board
and in summary form to the members and such other persons, firms or corporations
as may be entitled to same.
(10) Accounts. The receipts and expenditures of the Association
shall be credited and charged to accounts under the following classifications
as shall be appropriate, all of which expenditures shall be common expenses:
(i) Current expenses, which shall include all receipts
and expenditures within the year for which the budget is made, including a
reasonable allowance for contingencies and working funds, except expenditures
properly chargeable to reserves, to additional improvements, or to operations.
The balance of this fund at the end of each year shall be applied to reduce
the assessments for current expenses for the succeeding year, or may be distributed to the membership as the Board shall determine;
(ii) Reserve for deferred maintenance, which shall include
funds for maintenance items that occur less frequently than annually,
(iii) Reserve for replacement, which shall include funds
for repair or replacement required because of damage, depreciation or obsole-scence;
(iv) Capital expenditures, which shall include the funds
– page 9 –
to be used for capital expenditures for additional improvements or additional
Personal property that will be part of the common elements,
(v) Operations, which shall include the gross revenues
from the use of the common elements and from other sources. Only the addi-
tional direct expense required by and revenue-producing operations will be
charged to this account, and any surplus from any operation shall be used
to reduce the assessments for current expense for the year during which the
surplus is realized, or, at the discretion of the Board, in the year following
the year in which the surplus is realized; losses from the operations shall
be met by special assessments against unit owners, which assessments may
be made in advance in order to provide a working fund.
SECTION 3. Election and Term of Office. The first meeting of the unit
owners shall be held on call by the Board no more than (a) sixty (60) days
after 360 units have been sold, paid for and title closed, or (b) no later
than two years after the date of the recording of the Master Deed, whichever
shall first occur. Said meeting shall be considered to be the first annual
meeting of the unit owners. At said first meeting, five members of the
Board shall be elected by the unit owners from among the unit owners. Three
members shall be elected for a one-year term and two members shall be
elected for a two-year term. The members of the Board shall hold office
until their respective successors have been elected by the unit owners.
The Board appointed by the Sponsor shall act until the election has been
completed at said first meeting. At any vote for membership on the Board,
each unit owner, including the Sponsor, to the extent that the Sponsor is
still a unit owner, shall vote for each position to be filled in accordance
with the provisions of Section 5. If at any meeting for election of
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membership to the Board more than twice the number of candidates to be
elected at such meeting are nominated, then and in such event there shall
be two ballots for membership. At the end of the first ballot, the field
of nominees shall be reduced so that there are no more than twice as many
candidates running as there are positions to be filled, with the lowest
vote getters being eliminated. A second ballot shall be held, and on the
second ballot, the top vote getters on the basis of the votes will be elected.
If there are more than twice the number of nominees for the number of positions
to be filled, then there shall be one ballot, with the top getters
being elected to membership on the Board. If the candidates are being
elected for varying periods of years, the candidate polling the highest
vote will be considered elected for the longest period of years. After
the first annual meeting of the unit owners, succeeding annual meetings
shall be held during the same month of each succeeding year. At each
annual meeting members of the Board shall be elected by ballot of the unit
owners in accordance with these By-Laws. Notwithstanding any other provisions
of these By-Laws, to the contrary, however, so long as the Sponsor
shall own five or more units, the Sponsor shall be entitled to elect at
least one member of the Board for a one-year term. At such time as the
Sponsor no longer owns five or more units, the member of the Board elected
by the sponsor shall vacate the Board and the place vacated by the Sponsor’s
representative shall be filled by the remaining members of the Board as
herein provided for the unexpired portion of the term.
The first meeting of the unit owners shall be held on call by the Board no more than (at sixty (60) days after 360 units have been sold, paid for and title closed, or (b) no later than two years after the date of the recording of the Master Deed, whichever shall first occur. Said meeting shall be considered to be the first annual meeting of the unit owners. At said first meeting, five members of the Board shall be elected by the unit owners from among the unit owners. Commencing with the annual election to be held in the calendar year, 1982, and five members of the Board of Directors shall be elected on even date and shall serve a three year term. At the expiration of each three year term, new elections shall be held and five members of the Board shall be elected to serve the succeeding three year term. The members of the Board shall hold office until their respective successors have been elected by the unit owners. The Board appointed by the Sponsor shall act unitl the election has been completed at said first meeying. At any vote for membership to the Board, each unit owner, including the Sponsor, to the extent that the Sponsor is still a unit owner, shall vote for each position to be filled in accordance with the provisions of Article Five. If at any meeting for election of membership to the Board more than twice the number of candidates to be elected at such meeting are nominated then and in such event there shall be two ballots for membership. At the end of the first ballot, the field of nominees shall be reduced so that there are no more than twice as many candidates running as there are positions to be filled with the lowest vote getters being eliminated. A second ballot shall be held and on the second ballot, the top vote getters on the basis of the votes will be elected. If there are more than twice the number of nominees for the number of positions to be filled, then there shall be one ballot, with the top getters being elected to membership on the Board. If the candidates are being elected for varying period of years, the candidate polling the highest vote will be considered elected for the longest period of years. After the first annual meeting of the unit owners, succeeding annual meetings shall be held during the same month of each succeeding year. At such annual meeting members of the Board shall be elected by ballot of the unit owners in accordance with these By-Laws, to the contrary, however, so long as the Sponsor shall own five or more units, the Sponsor shall be entitled to elect at least one member of the Board for a one year term. At such time as the Sponsor no longer owns five or more units, the member of the Board and the place vacated by the Sponsor’s representative shall be filled by the remaining members of the Board as herein provided for the unexpired portion of the term.
SECTION 4. Removal of Members of the Board. At any duly held regular or
special meeting of the unit owners, anyone or more members of the Board
may be removed with or without cause by a majority of the unit owners pre-
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sent and voting, and a successor may then and there or thereafter be
elected to fill the vacancy thus created. Any member of the Board whose
removal has been proposed by the unit owners shall be given an opportunity
to be heard at the meeting. This provision shall not apply to Board
members appointed by the Sponsor under Article II, Section 3, nor to any
of the three original Directors appointed by the Sponsor as set forth in
the Master Deed.
SECTION 5. Vacancies. Vacancies in the Board caused for any reason shall
be filled by a vote of a majority of the remaining members of the Board at
a special meeting of the Board held for that purpose promptly after the
occurrence of any such vacancy, even though the members present at such
meeting may constitute less than a quorum. Each person so elected shall
be a member of the Board for the remainder of the term of the member whose
term he is filling and until his successor shall be elected. Members woo
are appointed to fill the term of initial Directors appointed by the Sponsor
need not be residents of the Condominium,
SECTION 6. Compensation. No member of the Board shall receive any
compensation for acting as a Director. However, Directors shall be reimbursed
for out-of-pocket expenses and may be compensated for services
rendered to or for the Condominium in any other capacity.
SECTION 7. Meeting of the Board. The first meeting of the Board following
the first annual meeting of the unit owners shall be held within ten days
thereafter at such time and place as shall be determined from time to time
by a majority of the members of the Board, but a least two meetings shall
be held each year, Notice of regular meetings of the Board shall be given
to each member of the Board by mail or telegram at least three business days
-12-
prior to the day of the meeting. Special meetings of the Board may be called
by the President on three business days notice to each member of the Board
given by mail or telegram, which notice shall state the time, place and
purpose of the meeting. Special meetings of the Board shall be called by
the President or the Secretary in like manner and on like notice at the
written request of at least three members of the Board. Any member of the
Board, may, at any time, waive notice of any meeting of the Board in writing
and such waiver shall be deemed equivalent to the giving of notice. Actual
attendance by members of the Board at any meeting of the Board shall constitute
a waiver of notice by him of the time and place thereof.
SECTICN 8. Quorum of the Board. At all meetings of the Board, a majority
of the members thereof shall constitute a quorum for the transaction of
business and the votes of a majority of the members of the Board present
and voting at a meeting at which a quorum is present shall constitute a
valid decision. If at any meeting of the Board there shall be less than a
quorum present, the majority of those present may adjourn the meeting to a
new date. At any such adjourned meeting at which a quorum is present, any
business which may have been transacted at the original meeting may be
transacted without further notice.
SECTION 9. Non-Waiver. All the rights, duties and privileges of the Board
shall be deemed to be continuing and shall not be exhausted by any single
act or series of acts. To the same extent, the failure to use or employ any
remedy or right hereunder or hereafter granted shall not preclude its
exercise in the future nor shall any custom bind the Board.
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ARTICLE III – OFFICERS
SECTION 1. Designation. The principal officers of the Association shall
be a President, who shall be a member of the Board of Directors, a Vice-
President, a Secretary and a Treasurer. The Board may also appoint such
other Assistant Treasurers and Assistant Secretaries as in their judgment
may be necessary. Any two offices, except that of President and Vice-
President, may be held by one person.
SECTION 2. Election of Officers. The officers of the Association shall
be elected annually by the Board of Directors at the first Board of Directors
meeting following each annual meeting and such officers shall hold office at
the pleasure of the Board.
SECTION 3. Removal of Officers. Upon an affirmative vote of a two-thirds
majority of the members of the Board of Directors, any officer may be re-
moved, either with or without cause, and his successor elected at any
regular meeting of the Board of Directors, or at any special meeting of
the Board called for such purpose.
SECTION 4. President. The President shall be the chief executive officer
of the Association. He shall preside at all meetings of the Association and
of the Board of Directors. He shall have all of the general powers and duties
which are usually vested in the office of the President of an Association, in-cluding but not limited to the power to appoint committees from among the
members of the Association from time to time as he may in his discretion
deem appropriate to assest in the conduct of the affairs of the Associa-
tion.
SECTION 5. Vice-President. The Vice President shall take the place of the
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President and perform his duties whenever the President shall be absent or
unable to act. If neither the President nor the Vice President is able to
act, the Board of Directors shall appoint some other member to so do on an
interim basis. The Vice President shall also perform such other duties as
shall from time to time be imposed upon him by the Board of Directors.
SECTION 6. Secretary. The Secretary shall keep the minutes of all meetings
of the Board of Directors and the minutes of all meetings of the members of
the Association; he shall have charge of such books and papers as the Board
of Directors may direct; and he shall, in general, perform all the duties
incident to the office of the Secretary. The Secretary need not be a member
of the Board, but may be appointed by the Board.
SECTICN 7. Treasurer. The Treasurer shall have the responsibility for
Association funds and securities and shall be responsible for keeping full
and accurate accounts of all receipts and disbursements in rooks belonging
to the Association. He shall be responsible for the deposit of all monies
and other valuable effects in the name, and to the credit, of the Association
in such depositories as may from time to time be authorized by the
Board of Directors.
SECTION 8. Other Duties and Powers. The officers shall have such other
duties, powers and responsibilities as shall, from time to time, be
authorized by the Board of Directors.
SECTION 9. Fidelity Bonds. All officers and members of the Association
having the responsibility for handling funds of the Association are to be
bonded at the expense of the Association.
SECTION 10. Compensation of Officers. The President and Vice President
shall not receive any compensation for their services, except reimbursement
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of out-of-pocket expenses but may be compensated for services rendered in
any other capacity. The Secretary and Treasurer may be compensated for
their services if the Board determines that such compensation is appropriate.
SECTION 11. Eligibility of Directors. Nothing herein contained shall prohibit
a Director from being an officer.
ARTICLE IV – FISCAL YEAR
The fiscal year of the Association shall be on a calendar year
basis.
ARTICLE V – MEETINGS OF THE UNIT OWNERS
SECTION 1. Time of Meeting. Annual meetings of the unit owners shall be
held as hereinabove provided for. If the election of directors shall not
be held on the day designated herein for any annual meeting or at any adjournment
of such meeting, the Board of Directors shall cause the election
to be held at a special meeting as soon thereafter as it may be held. At
such special meeting the members may elect the directors and transact other
business with the same force and effect as at an annual meeting duly called
and held.
SECTICN 2. Place of Meeting. The meeting of the unit owners shall be held
at the principal office of the Association or at such other suitable place
convenient to the unit owners as may be designated by the Board.
SECTION 3. Special Meetings. After the first annual or special meeting,
special meetings of members may be called by the President whenever he
deems such a meeting advisable, and shall be called by the Secretary when
so ordered by the Board of Directors or upon the written request of members
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entitled to not less than thirty-three (33%) percent of all the votes en-
titled to be cast at such meeting. Such request shall state the purpose
of such meeting and the matter proposed to be acted on thereat. The
Secretary shall give notice stating the purpose or purposes of the meeting
to all members entitled to vote at such meeting. No special meeting need
be called upon the request of members entitled to cast less than fifty
(50%) percent of all votes entitled to be cast at such meeting to consider
any matter which is substantially the same as a matter voted upon at any
meeting of the members held during the preceding twelve months.
SECTION 4. Notice of Meeting. Except as otherwise provided by law, notice
of each meeting of members, whether annual or special, shall be given not
less than ten (10) days, nor more than ninety (90) days before the day on
which the meeting is to be held, to the representative of each unit owner
at the address of its unit, by delivering a written or printed notice thereof
to him personally, or by mailing such notice, postage prepaid. Except where
expressly required by law, no publication of any notice of a meeting of
members shall be required. Every such notice shall state the time and
place of the meeting and shall state briefly the purposes thereof. Notice
of any meeting of members shall not be required to be given to any members
who shall attend such meeting in person or by proxy. Notice of any ad-
journed meeting of the members shall not be required to be given, except
when expressly required by law.
SECTION 5. Quorum. At each meeting of the members, one-third of the unit
owners, present in person or represented by proxy, shall constitute a quorum
for the transaction of business except where otherwise provided by law. In
the absence of a quorum, the unit owners present in person or represented
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by proxy and entitled to vote, by majority vote, may adjourn the meeting
from time to time, until a quorum shall be present or represented. At any
such adjourned meeting at which a quorum may be present any business may
be transacted which might have been transacted at the meeting originally
called.
SECTION 6. Organization. At each meeting of the Association, the President,
or, in his absence, the Vice President, or in the absence of both of them,
a Chairman chosen by a majority vote of the unit owners present in person
or represented by proxy and entitled to vote thereat, shall act as Chairman,
and the Secretary or in his absence, a person whom the Chairman shall appoint,
shall act as Secretary of the meeting.
SECTION 7. Conduct of the Meetings. The order of business at the annual
meeting of the unit owners or at any special meeting as far as practicable
shall be:
(a) Calling of the roll and certifying the proxies.
(b) Proof of notice of meeting or waiver of notice.
(c) Reading and disposal of any unapproved minutes.
(d) Receiving reports of officers.
(e) Receiving reports of committees.
(f) Appointment of judges of election, if necessary.
(g) Election of Directors , if necessary.
(h) Old business.
(i) New business.
(j) Adjournment.
SECTICN 8. Voting. Except as otherwise required by law, or specifically
required by the Master Deed:
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(a) The owner(s) of each unit shall have one vote per unit,
as set forth in the Master Deed.
(b) A quorum being present, a majority of all those voting
in person or by proxy shall be sufficient on those
matters which are to be voted on by the unit owners,
All proxies shall be in writing, signed by all individual owners of each unit
or by his or their duly authorized representative(s}, and delivered to the
Secretary of the Meeting, but no proxy shall be voted on after eleven months
from its date unless said proxy provides for a longer period. The election
of directors shall be by ballot. Unless demanded by a member present in
person or by proxy at such meeting and entitled to vote thereat or deter-
mined by the Chairman of the meeting to be advisable, the vote on any other
question need not be by ballot. RESOLUTION CHANGE 12-15-1983
(a) Each member in good standing and entitled to vote, or some person designated by such member to act as proxy on their behalf, shall be entitled to the number of votes assigned and entitled to his particular unit. The designation of proxies shall be made in writing to the Secretary or Managing Agent at least two (2) days prior to any meeting, and shall be revocable at any time by written notice to the Secretary or Managing Agent by the owner or owners so designating.
(b) As used in these by-laws, a member of the Association shall be deemed in “good standing” and shall therefore be entitled to vote as herein provided at the annual and special meetings of the Association, if said member shall have fully paid all assessments and charges as permitted by these by-laws, levied against his unit and himself, at least five (5) days prior to the date established for such meetings. Provided further that in the event any interest, costs, fees, and the like have been levied against said member and his unit, these interest, costs, fees and the like shall likewise be fully paid within the aforesaid time.
(c) A quorum being present, a majority of all those voting in person or by proxy shall be sufficient on those matters which are to be voted on by the unit owners.
(d) All proxixies shall be in writing, signed by all individual owners of each unit, or by his or their duly authorized representative(s), and delivered to the Secretary of the Meeting, but no proxy shall be voted on after eleven months from its date unless said proxy provides for a longer period. The election of directors shall be by ballot. Unless demanded by a member present in person or by proxy at such meeting and entitled to vote thereat or determined by the Chairman of the meeting to be advisable, the vote on any other question need not be by ballot.
SECTION 9. Judges. If at any meeting of the members a vote by ballot
shall be taken on any question, the Chairman of such meeting shall appoint
two judges to act thereat with respect to such vote. Each judge so appoin-
ted shall first subscribe an oath faithfully to execute the duties of a
judge at such meeting with strict impartiality and according to the best
of his ability. Such judges shall decide upon the qualifications of voters
and shall report the number and value of shares represented at the meeting
and entitled to vote on such question, shall conduct and accept the votes,
and, when the voting is completed, shall ascertain and report the number of
shares voted respectively for and against the question. Reports of judges
shall be in writing and subscribed and delivered by them to the Secretary
of the meeting. The judges need not be members of the Association, and
any officer of the Association may be a judge on any question other than
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a vote for or against his election to any position with the Association
or any other question in which he may be directly interested.
ARTICLE VI – TITLE TO UNITS
Title to units may be taken in the names of individuals, or in the
names of two or more persons as tenants in common or as joint tenants with
right of survivorship, or in the name of a corporation or partnership, or in
the name of a fiduciary. Any officer or a corporate unit owner shall be
eligible to serve on the Board.
ARTICLE VII – MAINTENANCE, REPAIR & ALTERATIONS OF PROPERTY
SECTION 1. Maintenance and Repair. Each member shall promptly perform at
his own risk, cost and expense all maintenance and repair work with respect
to the portion of each dwelling unit owned by him which does not comprise
a part of the common elements and which, if omitted, would adversely affect
the safety of the Condominium in which his dwelling unit is located or any
part or part thereof belonging in whole or in part to other members; and
each member shall be liable for any damages, liabilities, costs or expenses,
including attorney’s fees, caused by or arising out of his failure to prom-
ptly perform any such maintenance and repair work.
SECTION 2. All maintenance, repairs, and replacements to the common elements
and facilities, where located inside or outside of the units, (unless neces-
sitated by the negligence, misuse or neglect of a unit owner, in which case
such expense shall be charged to such unit owner) shall be made by the Board
and charged to all unit owners as a common expense. All payment vouchers
are to be approved by either the President or Treasurer.
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SECTION 3. Unit owners shall not have any right to paint or otherwise
decorate or change the appearance of any portion of the exterior of the
building in which a unit is located. The unit owner is responsible to
promptly report to the Board any defect or need for repairs, the responsi-
bility for which is that of the Association. Except as herein provided, no
member or group of members shall build, plant, or maintain any matter or
thing upon, over or under the common elements, except with the express
permission of the Board in writing first had and obtained, nor shall any
member place trash, garbage, excess materials of any kind on or about the
common elements, nor burn, chop or cut anything on, over or above the
common elements.
ARTICLE VIII – INSURANCE
The Board, as insurance trustee for each of the unit owners in the
percentage established by the Master Deed shall be required to obtain and
maintain to the extent obtainable, without prejudice to the right of each
unit owner to insure his own unit for his own benefit, the following insurance
policies:
(1) Broad form insurance against loss by fire and against loss
by lightening, windstorm and other risks normally included within extended
coverage, insuring all structural portions of the condominium property,
together with all service machinery contained therein and covering the
interest of the Association, the Board of Directors and all members and
their mortgages as their interests may appear, in an amount equal to the
full replacement value of the buildings, without deduction for depreciation;
each of said policies shall contain a standard mortgagee clause in favor of
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each mortgagee of a dwelling unit which shall provide that the loss, if any,
thereunder shall be payable to such mortgagee as its interest may appear,
subject, however, to the payment provisions in favor of the Board of
Directors workmen’s compensation insurance; and such other insurance as
the Board of Directors may determine.
All such policies shall provide that adjustment of loss shall be
made by the Board of Directors.
All policies of physical damage insurance shall, to the extent
obtainable, contain waivers of subrogation and waivers of any defense based
on co-insurance or of invalidity arising from any acts of the insured, and
shall provide that such policies may not be cancelled or substantially modi-
fied. without at least ten (10) days prior written notice to all of the
insured, including all mortgagees of dwelling units. Duplicate originals
of all policies of physical damage insurance and of all renewals thereof,
together with proof of payment of premiums shall be delivered to all mortgagees
of dwelling units at least ten (10) days prior to expiration of the then
current policies. Prior to obtaining any policy of fire insurance or any
renewal thereof, the Board of Directors shall obtain a qualified appraisal
of the full replacement value of the buildings, including all of the dwelling
units, common areas and facilities therein, without deduction for depreciation,
for the purposes of determining the amount of fire insurance to be effected
pursuant to this section.
(2) To the extent obtainable, public liability insurance in such
limited as the Board of Directors, may, from time to time determine covering
each member of the Board of Directors, and the managing agent. Such public
liability coverage shall also cover gross liability claims on one insured
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against another. The Board of Directors shall review such limits once a year.
Until the first meeting of the Board of Directors following the first annual
meeting of the members, such public liability insurance shall be in amounts
not less than $1,000,000.00/$1,000,000.00 for claims for bodily injury and
$25,000.00 for claims for property damage.
Members shall not be prohibited from carrying other insurance for
their own benefit provided Hat all such policies shall contain waivers of
subrogation and further provided that the liability of the carriers issuing
insurance obtained by the Board of Directors shall not be affected or dimi-
nished by reason of any such additional insurance carried by any member.
ARTICLE IX – BALCONIES AND PATIOS
Any balcony or patio to which there is direct access from the
interior of a unit shall constitute a limited common element for the ex-
clusive use of the owner of such unit. The owners of a unit to which a
balcony or patio is attached or connected shall make repairs thereto caused
by their own negligence, misuse or neglect and shall be responsible for all
snow removal from said balcony or patio. Any other repairs or maintenance
to or with respect to the limited common elements shall be the responsibility
of the Association.
ARTICLE X – ADDITIONS, ALTERATIONS OR
IMPROVEMENTS BY THE BOARD
Whenever, in the judgment of the Board, common areas shall require
additions, alterations or improvements costing in excess of $10,000.00, said
alterations and improvements shall not be made unless they have been approved
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by a majority of the unit owners present and voting at a meeting at which a
quorum is present. When said approval has been obtained, all unit owners
shall be assessed for the cost thereof as a common charge. In the event
of any emergency which could cause damage to any building(s) or part(s)
thereof, the Board may expend sums in excess of $10,000.00 to protect said
building(s) or part(s) and the judgment of the Board shall be final.
ARTICLE XI – ADDITICNS, ALTERATICNS
OR IMPROVEMENTS BY THE UNIT OWNER
No unit owners shall make any structural additions, structural
partition, wall change or structural alteration or improvement in or to his
unit without the prior written consent of the Board and the mortgagee of
said unit. The Board shall have the obligation to answer any written request
by a unit owner for approval of a proposed structural addition, alteration
or improvement in such unit owner’s unit within 60 days after such request,
and failure to do so within the stipulated time shall constitute a consent
by the Board to the proposed structural addition, alteration or improvement.
Any application to any municipal authority for a permit to make an addition,
alteration or improvement in or to any dwelling unit shall be executed by
the Board of Directors of the Condominium Association, only, without, in-
curring any liability on the Part of the Board of Directors of any of them
to any contractor, subcontractor or materialman on account of such addition,
alteration or improvement, or to any person having any claim for injury to
person or damage to property arising therefrom. The provisions of this
Section shall not apply to units owned by the Developer until such units
have been initially sold by the Developer,
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ARTICLE XII – RIGHT OF ACCESS
Each unit owner shall grant a right of access to his unit to the
manager and/or the managing agent and/or any other person authorized by the
Board for the purpose of making inspections and for the purpose of correcting
any condition originating in his unit and threatening another unit or common
element or for the purpose of performing necessary installations, alterations
or repairs to the electrical or mechanical services or other common elements
in his unit or elsewhere in the building within which the unit is located
provided that requests for entry are made in advance and that any such entry
is at a time reasonably convenient to the unit owner. In case of emergency,
such right to entry shall be immediate, whether the unit owner is present at
the time or not.
ARTICLE XIII – COMMON EXPENSES PAYABIE BY THE GRANTOR
Until the sale of the first unit in the Condominium, the Grantor
shall be solely responsible for all common expenses. Following the first
closing, the unit owner to whom title shall have been vested shall be
responsible for his proportionate share of common expenses based on his
percentage interest in the Condominium, and the Grantor shall pay common
expenses for unsold units.
ARTICIE XIV – ELECTRICITY, WATER AND HEATING
Electricity shall be supplied by the public utility company serving
the area directly to each unit through a separate meter for each unit, and
each unit owner shall be required to pay the bills for electricity consumed
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or used by his unit and in the limited common areas serving his unit. The
electricity serving the general common areas and grounds shall be metered
and the Board shall pay all bills for electricity consumed therein as a
common expense. The utility charges for water, sewerage, trash removal for
each unit shall be paid by the Board as a common expense”
ARTICLE XV – MISCELLANEOUS
1. Examination of Books: PER Fifth Amendment (Book 4364): Each unit owner shall be permitted ot examine the Books of Account of the Board upon written request. The Books of Account are defined as the General Ledgers and Journal Entries kept in accourdance with generally accepted accounting principals. The Books of Account of the Board shall be available at a reasonable time during business hours and on business days.
2. Financing Purchase of Units by the Board of Directors. Acquisition of
units by the Board on behalf of all unit owners may be made from the working
capital in the hands of the Board, or if such funds are insufficient, the
Board may levy an assessment against each unit owner in proportion to his
ownership in the common elements as a common charge, which assessment shall
be enforceable in the same manner as common charges, or the Board may in
its discretion borrow money to finance the acquisition of such units, provided,
however, that no financing may be secured by an encumbrance or hypothecation
of any property other than the unit itself together with the appurtenant
interests thereto to be acquired by the Board. Notwithstanding any rights
of the Board under this Paragraph or under any other provision of these
By-Laws, the Board and/or the Association cannot at anyone time hold title
to more than 10% of the total number of units in the Condominium.
3. Notices. All notices hereunder to the Association shall be sent by
registered or certified mail to the Board in care of the President of the
Association and/or to the managing agent if there by a managing agent. All
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notices to unit owners shall be sent registered or certified mail to the
building in which the unit is situated, or to which other address as may
have been designated by him from time to time in writing to the Board. All
notices shall be deemed to have been given when mailed except notices of
change of address which shall be deemed to have been given when received.
4. Invalidity. The invalidity of any part of these By-Laws shall not
impair or affect in any manner the enforceability or effect the balance
of the Code of Regulations.
5. Waiver. No restriction, condition, obligation or covenant contained
in these Regulations shall be deemed to have been abrogated or waived by
reason of the failure to enforce the same irrespective of the number of
violations or breaches thereof which may occur.
ARTICLE XVI – AMENDMENTS
These By-Laws, or any of them, may be altered or repealed, or new
By-Laws may be made, at any meeting of the Association duly constituted for
such purpose, a quorum being present, by an affirmative vote of 66 2/3%
of the votes entitled to be cast in person or by proxy, except that
the first annual meeting may not be advanced and the first Board of Directors
(including replacements in the case of cacancies) may not be removed by
reason of any such amendment or repeal.
ARTICLE XVII – ENFORCEMENT
The Association shall have the power, at its sole option, to
enforce the terms of this instrument or any rule or regulation promulgated
pursuant thereto, by any or all of the following: self help; by sending
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notice to the offending party to cause certain things to be done or undone;
by restoring the Association to its original position and charging the
breaching party with the entire cost or any part thereof; by taking any
other action before any court, summary or otherwise, as may be provided
by law; by complaint to the duly constituted authorities. The foregoing
shall be construed to be in addition to any other powers granted herein
and by the Condominium Act, not in limitation thereof.
ARTICLE XVIII – EXCULPABILITY OF BOARD AND OFFICERS
Neither the Board as a body nor any member thereof nor any officer
of the Association shall be Personally liable to any unit owner in any
respect for any action or lack of action arising out of the execution of
his office. Each unit owner shall be bound by the good faith actions of
the Board and officers of Burnt Tavern Manor Condominium Association in the
execution of the duties of said Directors and officers. Unless acting in
bad faith, no Director or officer of Burnt Tavern Manor Condominium Association
shall be liable to any unit owner or other Person for misfeasance or
malfeasance in office.
ARTICLE XIX – CONFLICT
Anything to the contrary herein notwithstanding, if any provision
of this instrument is in conflict with or contradiction of the Condominium
Act of the State of New Jersey, or with the requirements of any other law,
then the requirements of said Act or other law shall be deemed controlling.
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EXHIBIT “D”
TO MASTER DEED FOR
BURNT TAVERN MANOR CONDOM!NIUM
SCHEDULE OF PERCENTAGE OF INTEREST
CONSISTING OF 1 PAGE
The schedule of Percentage of Common Elements is
as follows:
A. Each apartment unit contained in buildings number
1, 2, 3, 4, 5, 6, 7, 8, 9, 14, 15, 16, 17, 18, 19, 20, 21,
22, and 23 has a .261% interest in the general common elements
of the condominium.
B. Each townhouse unit in buildings number T1 through
T12 has a .325% interest in the general common elements of
the condominium.
C. Each townhouse unit in buildings number 10, 11,
12, 13, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36,
and 37 has a .261% interest in the general common elements of
the condominium.
D. The percentage of interest in the common elements
held by existing owners shall not be altered by this amendment.
EXHIBIT “E-1” (from 3356 correction)
EXHIBIT “E-2” (from 3356 correction)
EXHIBIT “E-3” (from 3356 correction)
EXIBIT “E-4” (from 3356 correction)
EXIHIBIT “E-5” (from 3356 correction)
EXHIBIT “F”
EXHIBIT “G”
EXHIBIT ? PAGE 2
EXHIBIT ? PAGE 3
EXHIBIT ? PAGE 4
EXHIBIT “G-1”
—- END OF BY-LAWS —-