Burnt Tavern Manor Condominium
Article I. Nature of By-Laws
Article II. Board of Directors
Article III. Officiers
Article IV. Fiscal Year
Article V. Meetings of the Unit Owners
Article VI. Title to Units
Article VII. Maintenance, Repair & Alterations of Property
Article VIII. Insurance
Article IX. Balconies and Patios
Article X. Additions, Alterations or Improvements by the Board
Article XI. Additions, Alteratins or Improvements by the Unit Owner
Article XII. Right of Access
Article XIII. Common Expenses Payable by the Grantor
Article XIV. Electricity, Water and Heating
Article XV. Miscellaneous
Article XVI. Amendments
Article XVII. Enforcement
Article XVIII. Exculpability of Board and Officers
Article XIX. Conflict
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 administration 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 responsabilities 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 appertenant thereto) or otherwise dealing with units acquired by, and subleasing units leased by the Association or its designees, on behalf of all unit owners.
(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 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.
(l) 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 upo 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 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 contracts; insure, enter into leases or concessionsand 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.
(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 mortgagee 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 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 morethan 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 obsolescence;
(iv) Capital expenditures, which shall include the funds 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 additional 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 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. RESOLUTION CHANGE 12-15-1983 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 meeting. 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 present 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 who 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 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.
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 removed, 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, including 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 Association. SECTION 5. Vice-President. The Vice President shall take the place of the 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 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.
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 electionto 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 entitled to not less than thirty-three (33%) percent of all the votes entitled 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 adjourned 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 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:
Pre-Resolution change of 12-15-1983 (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 determined 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 appointed 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 a vote for or against his election to any position with the Association or any other question in which he may be directly interested.
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 promptly 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 necessitated 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. 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 responsibility 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.
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 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 modified. 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 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 diminished 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 exclusive 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 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. Additions, Alteratins 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, incurring 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.
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 Payable 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.
Article 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 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"
1. Examination of Books: Each Unit owner and each mortgagee of a unit shall be permitted to examine the books and records of the Association and the books of accounts of the Board at a reasonable time 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 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.
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.
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 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.
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. TOP