13.
RESTRICTIONS - The Condominium, including each of the Units therein, is subject
to all covenants, restrictions and easements of record and to the following
restrictions:
(a)
No Unit, except those Units owned by the Sponsor and used by it as sales offices,
administrative offices or models, shall be used for any purpose other than as a
private residence.
(b)
No clothes poles or lines or other such items shall be installed or
maintained. No clothes or other hanging items, objects or devices, other than decorative
items such as plants, shall be allowed to hang on or be attached to the
exterior of any Building, including, but not limited to, railings, fences,
balconies or porches. No clothes poles or lines or other such items shall
be installed or maintained. No clothes or other hanging items, plants,
decorations, objects or devices, shall be allowed to hang from, nor be attached
to, the exterior of any Building, including, but not limited to, railings,
soffits, siding, balconies or porches, except that Unit Owners or Tenants may
attach one (1) decorative item to the front entrance door of the Unit, but not
to the garage door of the Unit. Should a Unit Owner, Tenant, or occupant fail
to comply with this portion of this paragraph, the Unit Owner shall be solely
liable for any damage to the Buildings and/or siding.
(c)
No animals, livestock or poultry of any kind shall be raised, bred, or kept in
any Unit or on the Property. Dogs, cats or other household pets are permitted.
Excessive dog barking will result in fines to the Unit Owner, such fines to be
established by the Board of Trustees.
(d)
No tent, trailer, tractor, truck (commercial or unregistered), mobile home, or
other temporary structure of any kind shall be regularly stored or housed or
parked on the Property without the written consent of the Association, except
that this restriction shall not apply to trucks and equipment stored on the
Property by the Sponsor and/or the Association for use in maintaining the
Property or any portion thereof.
(e)
No portion of the Common Elements, Limited Common Elements or other portion of
the Property shall be used or maintained for dumping of rubbish or debris or
other unsightly materials. Trash, garbage or other waste shall be kept in
in-ground sanitary containers on the Property for weekly or more frequent
collection.
(f)
No exterior loudspeaker other than as contained in portable radios or
television sets shall be permitted. No unshielded floodlights shall be
installed in any exterior area of any Unit, except Sponsor may install exterior
floodlights for lighting Common Elements and Limited Common Elements. No
exterior loudspeaker other than as contained in portable radios or television
sets shall be permitted. No lights or floodlights shall be installed into any
Building, nor in any exterior area of any Unit without the prior approval of
the Association in accordance with Paragraph 13(r) herein.
(g)
No sign of any kind shall be displayed on any Unit except for signs utilized by
the Sponsor for directional, identification, traffic, sales or marketing
purposes, without the prior approval of the Association in accordance with
Paragraph 13(r) herein.
(h)
No external or visible radio, television or any type of communication aerial or
antenna for the exclusive of any Unit Owner shall be installed or affixed on or
about the exterior of any Building constructed or erected on the Property
without the written consent of the Association.
(i) No
storage of any materials or personalty shall be permitted on patios, balconies,
decks Limited Common Elements, and Common Elements on the Property, except that
on patios, balconies or decks, Unit Owners may.-maintain chairs, tables and
barbeques for recreational use. Such chairs, tables and barbeques shall mean
outdoor casual furniture intended for summer use. Barbeques when used must be a
minimum of 5 feet away from the side of the Buildings, and may be stored next
to the Buildings when cooled. No placement nor storage of any materials or
items of personalty shall be permitted on patios, balconies, decks, Limited
Common Elements, and Common Elements on the Property without the prior approval
of the Association, except where in accordance with paragraph 13(b) herein, and
except:
i)
On
rear patios appurtenant to their Unit, Unit Owners or Tenants may maintain
benches, chairs, and tables for recreational use. Such benches, chairs, and
tables shall mean outdoor casual furniture intended for summer use; and
ii)
On
front walkways appurtenant to their Unit, Unit Owners or Tenants may maintain
one (1) bench not to exceed six (6) feet in length nor four (4) feet in height,
but such bench shall not be installed into any Limited Common Element or Common
Elements; and
iii)
On
all Limited Common Elements appurtenant to the Unit, Unit Owners or Tenants may
maintain an aggregate maximum of eight (8) flowerpots and/or planters, but such
flowerpots and/or planters, along with their contents, shall not exceed five
(5) feet in height. Such flowerpots and/or planters shall not be installed into
nor be attached to the Limited Common Elements; and
iv)
On
rear patios appurtenant to their Unit, Unit Owners or Tenants may maintain a
barbeque intended for recreational summer use, but such barbeque shall not be
installed into any Limited Common Elements or Common Elements. When in use,
barbeques must be kept a minimum of five (5) feet from the side of the
Buildings, and may be stored closer to the Buildings only when cooled. Should a
Unit Owner, Tenant, or occupant fail to comply with this portion of this
paragraph, the Unit Owner shall be solely liable for any damage to the
Buildings, including but not limited to melting, warpage or discoloration of
the siding; and
v)
Winter
Holiday decorations and lighting may be displayed by Unit Owners or Tenants on
the Common Elements and Limited Common Elements adjacent to the front of their
Unit between the first Saturday following Thanksgiving Day and the last
Saturday in January. Such decorations and lighting must not in any way be
attached to nor damage the Buildings. Such holiday lighting may be attached to
the shrubbery and landscaping adjacent to the front of the Unit in a manner
that does not damage the shrubbery and landscaping. Such decorations and
lighting must not be placed farther than ten (10) feet from the front exterior
wall of the Buildings; and
vi)
Easter
and Passover decorations may be displayed by Unit Owners or Tenants on the
Common Elements and Limited Common Elements adjacent to the front of their Unit
no earlier than thirty (30) days prior to the regular observance of such holiday,
and must be removed no later than fourteen (14) days after the regular
observance of such holiday. Such decorations must not in any way be attached to
nor damage the Buildings. Such decorations must not be placed farther than ten
(10) feet from the front exterior wall of the Buildings; and
vii)
Halloween
decorations may be displayed by Unit Owners or Tenants on the Common Elements
and Limited Common Elements adjacent to the front of their Unit no earlier than
October 1st and must be removed no later that the first Saturday
following Thanksgiving Day. Such decorations must not in any way be attached to
nor damage the Buildings. Such decorations must not be placed farther than ten
(10) feet from the front exterior wall of the Buildings; and
viii)
At
the rear of the Unit, immediately adjacent to, and below, the Unit’s Living
Room window(s) [for the Cape May and Brighton Units, immediately adjacent to,
and below, the Unit’s Family Room window(s)], Unit Owners or Tenants may
maintain a flower and/or vegetable garden. Such garden’s bed shall be kept a
minimum of two (2) feet from, and a maximum of six (6) feet from the Buildings.
Such garden bed may not exceed six (6) feet in width or four (4) feet in depth.
All planting materials and foliage must be kept from coming into contact with
the Buildings. No plant within such garden shall exceed five (5) feet in
height.
ix)
On
rear patios appurtenant to their Unit, Unit Owners or Tenants may maintain two
additional decorative items not specifically described in Paragraph 13(i) herein.
Such items shall not be attached to the Buildings, nor installed into any
Limited Common Elements or Common Elements. Such items shall not exceed four
(4) feet in height or any other dimension.
All items of personalty placed on any portion
of the Common Elements or Limited Common Elements shall be placed in a manner
that does not obstruct the view of any other Unit Owners or Tenants, and that
also allows a clear path to any person or vehicle which might approach or enter
the Limited Common Elements, Common Elements or Unit.
By placing any materials or items of
personalty on any portion of the Common Elements or Limited Common Elements,
the Unit Owner, Tenant or occupant does so at their own risk. The Unit Owner
shall take all responsibility for, and shall hold harmless and indemnify the
Association from any liability arising from or attributable to the placement of
any materials or items of personalty by the Unit Owner, Tenant, or occupant on
any portion of the Common Elements or Limited Common Elements. Neither the
Association, nor their employees, agents, and contractors shall be liable for
damage to any materials or items of personalty placed by the Unit Owner,
Tenant, or occupant on any portion of the Common Elements or Limited Common
Elements.
(j)
In order to provide an orderly procedure in the case of title transfers, and to
assist in the maintenance of a current, up-to-date roster of Unit Owners, the
owner of a Unit shall give the Secretary of the Association timely notice of
his intent to list his Unit for sale, and, upon closing of title shall
forthwith notify such Secretary of the names and home addresses of the
purchasers.
(k)
No Unit Owner or occupant shall build, plant or maintain any matter or thing
upon, in, over and under the Common Elements, Limited Common Elements or any
part of the Property without the prior consent of the Association, in
accordance with Paragraph 13(r) herein. No Unit Owner, Tenant, or occupant
shall build, plant or maintain any matter or thing upon, in, over and under the
Common Elements, Limited Common Elements or any part of the Property, except in
accordance with paragraphs 13(b), 13(f) and 13(i) herein, without the prior
consent of the Association, in accordance with Paragraph 13(r) herein.
(l)
No Unit Owner or occupant shall-burn, chop or cut anything on, over or above
the Common Elements, Limited Common Elements or any part of the Property.
(m)
Unit Owners shall not have any right to paint or otherwise decorate or change
the appearance of any portion of the exterior of any Building including, but
not limited to, the installation of doors and storm windows, without the prior
consent of the Association in accordance with Paragraph 13(r) here- in.
(n)
To the extent that equipment, facilities and fixtures within any Unit(s) shall
be connected to similar equipment, facilities and fixtures affecting or serving
other Unit(s), Common Elements or Limited Common Elements, then the use thereof
by the Unit Owners shall be subject to the By-Laws and the rules and regulations
of the Association.
(o)
Nothing shall be done or kept in any Unit or in or upon the Common Elements,
Limited Common Elements or on the Property which will increase the rates of
insurance of the Building(s) or the contents thereof beyond the rates applicable
for Units, without the prior written consent of the Association. No Unit owner
shall permit anything to be done or kept in his Unit or in or upon the Common
Elements on the Property 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.
(p)
No noxious or offensive activities shall be carried on, in or upon the Common
Elements, Limited Common Elements or the Property or in any Unit nor shall
anything be done therein either willfully or negligently which may be or become
an annoyance or nuisance to the other residents in the Condominium.
(q)
No immoral, improper, offensive or unlawful use shall be made of any Unit, and
all valid laws, zoning ordinances or regulations of all governmental bodies
having jurisdiction thereof shall be observed.
(r)
Nothing shall be done to any Unit or on or in the Common Elements, Limited
Common Elements or the Property which will impair the structural integrity of
any Building or which will structurally change a Building or any of the Common
Elements or Limited Common Elements. No Unit Owner (other than the Sponsor) may
make any structural additions, alterations, or improvements in or to his Unit
or in or to the Common Elements or Limited Common Elements, without the prior
written-approval of the Association or impair any easement without the prior
written consent of the Association. Structural additions which require such
approval prior to construction shall include, but shall not be limited to,
decks, patios, sheds, storage buildings and screened in porches. Extension or
removal of fences, if any, from their location as placed by Sponsor shall also
require the prior written consent of the Association. The Board of Trustees of
the Association shall have the obligation to answer any written request
received by it from a Unit Owner for approval of a proposed structural
addition, alteration or improvement in or to such Unit Owner's Unit, Common
Elements or Limited Common Elements within forty-five (45) days after receipt
of such request, and failure to do so within the stipulated time shall
constitute a denial of approval of the proposed structural addition, alteration
or improvement. Any application to any municipal authority for a permit to make
an alteration, addition or improvement in or to any Unit must be approved by
the Association and, if approved, shall be executed by the Board of Trustees of
the Association and may then be submitted by the Unit Owner. Such approval,
however, shall not result in any liability on the part of the Association 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 Unit Owner shall furnish
the Association with a copy of any such permit which he has procured. The
provisions of this subparagraph (r) shall not apply to Units owned by the
Sponsor until such Units have been initially sold and conveyed by the Sponsor.
(s)
Draperies, blinds, curtains or other window coverings reasonably acceptable to
the Association must be installed by each Unit Owner on all windows of his Unit
and must be maintained in said windows at all times. These provisions shall not
apply to the Sponsor.
(t)
The Common Elements and Limited Common Elements shall be used only for the
furnishing of the services and facilities for which they are reasonably
intended and suited and which are incident to the use and occupancy of the
Units.
(u)
No Unit shall be rented by the owner thereof (except a lender in possession of
such Unit following a default in a first mortgage, a foreclosure proceeding or
any deed or other arrangement in lieu of foreclosure) for a period less than
one (1) year or for transient or hotel purposes, which shall be defined as 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 bell- boy service. No Unit Owner may lease less than an entire Unit.
Other than the foregoing, Unit Owners, including Sponsor, shall have the right
to lease the Unit(s) provided that said lease is in writing and made subject to
all provisions of this Master Deed, the By-laws, the rules and regulations of
the Association, and other documents referred to herein, including the right of
amendment reserved to Sponsor herein, provided further that any failure of the
lessee to fully comply with the terms and conditions of such documents shall constitute
a default under the lease, and provided a copy of said lease and any subsequent
lease is delivered to the Association within 10 days of execution.' Copies of
all lease applications and similar information must be delivered to the
Association along with a copy of said written lease. In the event a tenant of a
Unit defaults under his lease by failure to comply with the provisions of this
Master Deed, By- Laws or rules and regulations of the Association, then, in
addition to all other remedies which it may have, the Association shall notify
the Unit Owner of such default(s) and demand that the same be cured through the
Unit Owner's efforts within fifteen (15) days after such notice. If such
default(s) is not cured within said fifteen (15) day period, then the Unit
Owner shall immediately thereafter, at his own cost and expense, institute and
diligently prosecute an eviction action against his tenant on account of such
default(s). Such action shall not be compromised or settled without the prior
written consent of the Association. In the event the Unit Owner fails to
fulfill the foregoing obligation, then the Association shall have the right,
but not the duty, to institute and prosecute such action as attorney-in-fact
for the Unit Owner and at the Unit Owner's sole cost and expense, including all
legal fees incurred. Said costs and expenses shall be deemed to constitute a
lien on the particular Unit involved, and collection thereof may be enforced by
the Association in the same manner as the Association is entitled to enforce
collection of Common Expenses. By acceptance of a deed to any Unit, each and
every Unit Owner does thereby automatically and irrevocably name, constitute,
appoint and confirm the Association as his attorney-in-fact for the purposes
described in this subparagraph (u).
(v)
Each Unit owner shall have the right to mortgage or encumber his Unit, provided
that such mortgage or encumbrance is made to a bank, mortgage banker, trust
company, insurance company, savings and loan institution, pension fund or other
institutional lender or is a purchase money mortgage made to the Sponsor or to
the immediate predecessor in title to a Unit.
(w)
All property taxes, special assessments and other charges imposed by any taxing
authority are to be separately assessed against and collected on each Unit as a
single parcel, as provided in the Condominium Act. in the event that for any
year such taxes are not separately taxed, each Unit Owner shall pay his
proportionate share thereof in accordance with his proportionate undivided
percentage interest in the Common Elements.
(x)
Each Unit Owner shall pay for his own telephone and other utilities, if any,
which are separately metered or billed to each user by the respective
utilities. Utilities which are not separately metered or billed shall be
treated as part of the Common Expenses.
(y)
The right of the Unit Owner to sell, transfer or otherwise convey his or her
Unit shall not be subject to any right of first refusal in Sponsor or the
Association.
(z)
Each Unit Owner shall be obligated to maintain and-keep in good order and
repair his own Unit in accordance with the provisions of the By-Laws.
(aa)
Sinks, toilets and other plumbing fixtures shall be used only for their
intended purposes, and no rubbish, sweepings, rags or other foreign objects
or-substances shall be placed therein. Unit Owners will be liable for damage
resulting from misuse of the plumbing facilities.
(bb)
Extra heavy objects shall not be permitted in any Unit not especially
constructed and equipped therefore.