AMENDED MASTER DEED (Book 3327)
THIS AMENDED MASTER DEED of “Burnt Tavern Manor Condominium” (Condominium), made this 27th day of July , 1973, by BURNT a corporation of the State of New Jersey, having an office c/o Greenbaum, Greenbaum, Rowe & Smith, One Woodbridge Center, Woodbridge, New Jersey, (hereinafter referred ot as “Grantor”).
WHEREAS, by Master Deed dated May 10, 1973, and recorded on June 8, 1973, in Book 3309 of Deeds at Page 49, et seq., in the Office of the Clerk of Ocean County, New Jersey, Grantor established the above named Condominium pursuant to the provisions of N.J.S.A 46:8B-1 through 30; and
WHEREAS, Grantor has not conveyed any of the units in the Condominium as of the date of the execution and recording of this Amended Master Deed; and
WHEREAS, Grantor has determined that the within Amended Master Deed is appropriate to clarify the provisions of the original Master Deed;
NOW, THEREFORE, Grantor hereby amends the Master Deed of Burnt Tavern Manor Condominium by executing the within Amended Master Deed;
WHEREAS, Grantor is the owner of the fee simple title to those lands and premises described in Exibit “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 R.S. 46:8B-1 et seq. (The Condominium Act) under the name of Burnt Tavern Manor Condominium and to that end to cause this Amended Master Deed to be executed and recorded, together with all necessary exhibits thereto.
1. Grantor does hereby submit, declare and establish Burnt Tavern Manor Condominium, in accordance with R.S. 46:8B-1 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”. Town-ship 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 some-times as “Condominium”.
2. Burnt Tavern Manor contains forty-nine (49) buildings divided into six (6) seperate sections as shown on Exhibit B-2 attached hereto and made a part hereof 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 os a recreation building, two lakes, a swimming pool, wading pool and two tennis courts, and all rights, roads, water, privileges and appurtenances thereto.
3. The dimensions, are and location of the dwelling units are shown on Exhibit “B”, “E-1” through “E-5” and “F”. The location of the recreation unit is desginated as recreation are on Exhibit “B”, the perimeter dimensions of which are set forth in Exhibit “B-1”. The recreation building is shown graphically with dimensions in Exhibit “G” and the recreation unit is shown on the site plan in Exhibit “G-1”.
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 ceiling (or roof in the case of town-house unit) of each dwelling unit as follows;
BOTTOM: The bottom of the dwelling unit is a horizontal place through the lowest point of the interior unfinished surface fo the lowest subfloor and extending in every direction to the point where it closes with the interior finished and unpainted surfaces of the four perimeter walls of each dwelling unit.
TOP: The top fo the dwelling unit is along and coincident with an imaginary plane along the interior unfinished surface of thereafterceiling (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 “E-1” through “E-5” and “F”, according to the type of dwelling unit described. They are vertical planes along and coin-cident 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 consist of all space and physical structure located within the cube, the bottom of which is a horizontal plane through the lowest point of any physical structur located within the cube, the top of which is a horizontal plane parallel with the bottom horizontal plane and located at an elevation of thirty (30) feet above sea level; the sides of which are vertical planes ex-tending perpendicularly from the top and bottom of the recreation unit along and coincident with an imaginary line from the perimeter of the area of the recreation unit as shown on Exhibit “G” aforesaid and the perimeter of which is described in Exhibit “E-1” herto.
The physical structures located within the recreation unit are as shown on Exhibit “G-1” 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 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 individualsappurtenances.
(a) Complete heating system.
(b) Complete air conditioning system, including compressor (whether located within or without the dwelling unit).
(c) Complete plumbing system.
(d) 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.
(e) All utility meters not owned by the public utility or agency supply service.
(f) Patio or deck lights and entry lights appurtenant to each unit.
All balconies, stoops, porches, patios and fences, if any, shall be limited common 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 ele-ments for the exclusive use and maintenance of the owne3r of 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 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 “G-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 protions of any building not included within any unit nor constituting a limited common element.
(b) All streets, curbs, sidewalks, parking areas, subject to the easements and provisions set forth in Paragraph 6 of this Amended Master Deed.
(c) All lands described in Exhibit “B-1” aforesaid describing the recreation unit.
(d) Lawn areas, shrubbery, conduits, utility lines and waterways, subject to the easements and provisions set forth in Paragraph 6 hereof.
(e) The electrical and telephone wiring network through-out the Condominium not owned by the public utilities providing such services.
(f) Public connections for gas, electricity, light, tele-phone and water not owned by the public utility or other agencies providing such services.
(g) The foundations, rain walls, (including doors and chimneys therein), roofs, and floors.
(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 lighting shall be the responsibility of the unit owner to which it is appurtenant.
(i) All other elements of the Condominium rationally of common use or necessary to its existence, upkeep and safety.
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 appurtenancesto each dwelling unit, an undivided percentage interest in the general common elements of the Condominium as set forth in Exhibit “D” annexed hereto, subject to amendments as herein provided. Said appurtenant undivided percentage interest in the general common elements shall not be divisible from the dwelling unnit 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, resultign 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 Amended Master Deed, recorded in the Office of the Ocean County Clerk.
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 form 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 ve measured at the time when the right to any such proceeds commenced to accrue.
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 perpetual easement for the following purposes, the use of which shall be a non-exclusive easement in, undeer, over, across and through the general common elements and the limited common elements subject to all applicable rules and regulations promulgated by Burnt Tavern Mano Condominium Association;
(i) To keep, maintain, use, operate, repair and replace his unit in its origianl position and in every subsequent position to which it changes by reason of the gradual forces of nature and the elements.
(ii) To provide ingress and egress to his dwelling 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 elements, now existing as a result of construction of the buildings or which may come into existence hereafter as a result of the re-construction of the buildings, or a dwelling unit after damage by fire or other casualty, or as a result of condominium or eminent domain proceedings, so that any such encroachment may remain undisturbed so long as the buildings stand.
(v) For possession and use of those limited common elements such as balconies, patios, stoops, doorsteps, and windows and sliding glass doors which are appurtenant to individual units and for that portion of the lawn area contiguous to the townhouse units which are designated “Exclusive Lawn Easements” on Exhibit “B” aforesaid.
(vi) A blanket easement for the purpose of installation, maintenance, repair and replacements of all sewer, water, power and telephone, pipes, lines, mains, conduits, waters, poles, transformers,
master television antenna or cable televisions facili-ties, 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 furnigshing 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) To use and enjoy and for ingress and egress to the recreation unit subject to such Rules and Regula-tions as may e 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 common elements for as long as the said Grantor, its successors and assigns, shall be engaged in the con-struction, development and sale of condominium units, which easement shall be for the purpose of construction installation, maintenance and repair of existing build-ings and appurtenances thereto, (including all utillities servicing 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 model units for sales promotion and exhibition. In additon, Grantor hereby reserves the irrevocable right to enter into, upon, over or under any condominium unit for a period of (1) year after the date fo delivery of the unit deed for such purposes as may be reasonably necessary for the Grantor or its agents to complete the Condo-minium or service any unit therof.
(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 ease-ment to enter upon all readways, streams, lakes, parking areas, driveways, walkings and sidewalks for the purposes of maintaining the safety, health, welfare, policy and fire protection of the citizens of said Township including the residents fo the Burnt Tavern Manor.
(4) The Burnt Tavern Manor Condominium Association, its officer, agents and employees and all policement, fire-men, ambulance personnel shall have a blanket perpetual and non-exclusive easement to enter Burnt Tavern Manor or any part thereof in the proper performance of their respectively, duties and for repair and maintenance of limited and general common elements. Except in the event of emergencies, the
rights accompanying the eaxements 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 common elements of the Condominium and the community and recreational facilities shall be by the Burnt Tavern Manor Condominium Association (the “Association”) in accordance with the provisions of the Condominium Act, the Master Deed, the By-Laws attached hereto as Exhibit “C” and made a part hereof, any other documents, amend-ments, or supplements to the foregoing which may subsequently he required by an institutional mortgage lender, Mortgage Guaranty Insurance Corpora-tion or by any governmental agency having regulatory jurisdiction over the Condominium or by any title insurance company selected Grantor to insure title to any unit(s), Grantor hereby reserves for itself, its successors and assigns, fo ra period of five (5) years from the date hereof, the right to execute on behalf of all contract purchasers, unit owners, mort-gagees, other lienholders or parties claiming a legal or equitable interest in the Condominium, any such agreements, documents, amendments or supplements which may be required.
By accpetance of a deed to any dwelling unit or by the accptance of any other legal or equitable interest in the Condominium, each and every contract purchaser, unit owner or occupant, or holder of any mortgage or other liens, does automatically and irrevocably name, constitute, appoint and confirm Grantor, its successores and assigns, as attorney-in-fact for
the purpose of executing such amended Mater Deed(s) necessary to effectuate the foregoing. The Poser 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 successors and assigns of any of the foregoing parties. Further, said Poser of Attorney as coupled with an interest shall not be affected by the death of disability of any principal in and to said Power. Said Power shall run with the title to any and all condominium units and be binding upon the successors and assigns or any of the foregoing parties.
The aforesaid Power of Attorney may not be execised to adversely affect the priority of the first purchase money lien fo any mortgagee with resepct to a dwelling unit.
8. This Amended Master Deed is subject to all convenants, re-strictions and easements of record, and to the following restrictions:
(a) No unit, except those units ownerd 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 fo the common areas nor shall anything be stored in the common areas whithout the prior consent of the Association except as hereinafter expressly pro-vided. Each dwelling unit owner shall be obligated to maintain
his own 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. No refuse shall be permitted in the common areas.
(d) Dwelling unit ownners shall not cause or permit anything to 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 or 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 the 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 nusance of any kind.
(f) No noxious or offensive activities shall be carried on in any unit or in the common areas nor shall anything be done therein either wilfully or negligently which may be or 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 housing the unit or which will structurally change the building or the unit.
(h) No clothes, sheets, blankets, laundry of any knid or any other articles shall be hung out of exposed on any part of the common areas or limited common areas. The common areas and the limited common areas shall be 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 other-wise at any location within the Condominium.
(i) No industry, business, trade, occupation or professional of any kind, (except to the extent allowed under Subparagraph (a) hereof), may be conducted, maintained or permitted on any part of the property. No commercial vehicles of a size larger than a panel truck may be parked on any part of the property, except those vehicles temporarily on the property for purposes of ser-vicing 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 or all governmentsl bodies
having jurisdiction thereof shall be observed.
(j) The Association shall have the power to make such re-gulations 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 Associa-tion. The Association shall further have the right to levy fines for violations of these regulations, provided that the fine for a single viloation may not, under any circumstances, exceed $5.00.
For each day a violation continues after notice it shall be con-sidered as a common charge to be levied against the particular owner involved, and collection may be enforced by the Association in the same manner as the Association is entitled to enforceable collection of common charges.
(k) The common elements shall be used only for the fur-nishing 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.
(l) 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 room 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 the Master Deed, this Amended Master Deed, the By-Laws and
other documents referred to 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 pro- visions of the Master Deed and of all exhibits attached thereto; 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.
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 not 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 des-cribed in the conveyance or other instruments.
Obligations of Members and Occupants
11. Each dwelling unit owner or occupant shall comply with the provisions of the Master Deed, this Amended 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 re-quired by any governmental authority, as same may be lawfully amended from time to time. Failure to comply with any such provisions, rules or regu-lations shall be grounds for injunctive relief by the Grantor, the Association and any other unit owner.
In the event of any such failure which is not cured within sixty (60) days, then any institutional mortgagee who is a holder of a first mortgage lien on any such Unit(s) shall be afforded, upon request, timely written notice by the Association of any such failure to comply which may occur.
12. If any building improvement or common element or any part thereof is damaged, or destroyed by fire, casualty or eminent domain, the reapair, restoration or ultimate disposition shall be as provided in R.R. 46:8B-24 and 25 respectively.
In the event of substantial damage to or destruction of any Unit or any part of the general common elements, or if any such Unit or protion thereof, or the general common elements or any portion thereof, are made the subject matter of any condemnation or eminent domain or is otherwise sought to be acquired by a condemming authority, wherein the value of such damage, destruction or acquisition is in excess of $10,000, then any institutional mortgagee who is a holder of a first mortgage lien on any Unit(s) which may be affected or its agent shall be afforded timely written notice by the Assocation of any of such events which may occur.
Encumbrane of Condomium
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. The 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 the 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 provcisions of the By-Laws, provided, however, that any such amendment shall have been approved in writing by any mortgagee who is the holder of mort-gages comprising first liens on fifteen or more units, which approval and 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 Mater Deed or the By-Laws shall be
held invalid it shall not affect the validity of the remainder of the Master 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 Massachusetts, 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 notice, land such supplemental information as is required by the Board of Directors, shall either consent to the tranaction specified in said notice, or, 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, who 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 day 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 tran-action 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 purchase or tenant name 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 subrenting 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 pre-emptive rights hereinabove set forth 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, to transfers to permitted first mortgagees who obtain title to the Unit by means of a deed in lieu of foreclosure or by any other non-judicial remedy, or to the Grantor.
After such a sale or transfer of such a dwelling unit by a permitted mortgagee, the pre-emptive rights hereinabove set forth shall continue to apply.
The provisions set forth above above shall not be applicable to the Grantor and the Grantor is irrevocably authorized, permitted and empowered to sell, lease or rent dwelling units to any purchaser or lessee approved by it. The Grantor shall have the right to transact any business onn the property necessary to consumate the sales of dwelling units, including, but not limited to, the right to maintain models, having signs identifying the property and advertising the sale fo dwelling units, maintaining em-ployees 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 transferredhis 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 therfor 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 dwelling unit shall be deemed to have been approved by the Association.
The foregoing provisions have been established in order to maintain 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 owner. 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.
17. No provision contained in the Master Deed or this Amended 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.
18. The use of the masculine gender in the Master Deed and this Amended 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 in-corporated herein by reference.
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”, prepared by Fellows, Read & Weber, Inc., 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.
(f) Exhibits “E-1”
through “E-5” – Graphic representations of model dwelling units consisting of five pages.
(g) Exhibit “F” – Exploded view of typical building with dimensions consisting of one page.
(h) Exhibit “G” – Graphic representation of recreational building consisting of four pages.
(i) Exhibit “G-1” – Site plan of recreation unit consisting of one page.
WITNESSETH the hand and seal of the Grantor, Burnt Tavern Manor, Inc., a New Jersey Organization, which has been affixed by its President and Secretary, the date and year first above written.
BE IT REMEMBER that on 27th day of July, 1973 before me, the subscriber, a Notary Public of the State of New Jersey,
personally appeared PATRICIA ADAMS who, beingby me duly sworn on her oath, deposes and makes proof to my satisfaction, that she is the Assistant Secretary of the Corporation named in the within instrument that EUGENE L. FISHKIND is the President of said Corporation, 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 her name thereto as attesting witness.
EXHIBIT A PAGE 1 OF 2
METES AND BOUNDS OF PROPERTY
EXHIBIT A PAGE 2 OF 2
METES AND BOUNDS OF PROPERTY
METES AND BOUNDS
Pages included with amendment as recorded
EXHIBIT “C” – BYLAWS (28 pages)
EXHIBIT “D” – Percentage Interest (1 page)
EXIBITS E1-E5 (5 pages “floor plans”)
EXHIBIT F (1 page “exploded view of building”)
EXHIBIT G (1 page “elevation view of building”)
Plans (3 pages “floor, site, elevation”)
EXHIBIT G1 (1 page “recreation unit”)