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AMENDED DECLARATION


 

This is an amended enabling declaration ("the Amended Declaration") of Pickawillany Condominium ("the Condominium") made on or as of the 8th day of February, 1989, pursuant to the provisions of Chapter 5311 of the Revised Code of Ohio ("the Condominium Act').

Background

    A. The Condominium is a condominium created under the Condominium Act pursuant to the filing of the following:

                                                                                                         Recording                        Recording
Instrument                                                                                        Reference                         Date

(i) Declaration of Condominium                                                            Deed Book 3376,             October 24,1973
and attached Bylaws page 177 et seq    

(ii) Drawings                                                                                      Condominium Plat             October 24,1973
    Book 2, page 688  et seq    
                                                                                                        

(iii) First Amendment to Declaration

 Deed Book 3385, December 12,1973
        page 576 et seq.                

(iv) First Amendment to Drawings                                                        Condominium Plat             December 12,1973
          Book 2, page 752  et seq              
                                

(v) Second Amendment to Declaration                                                  Deed Book 3396,             February 20,1974
          page 400 et seq.                

(vi) Second Amendment to Drawings                                                     Condominium Plat             February 20,1974
          Book 2, page 780 et seq.               
                                                                                                        

(vii) Third Amendment to Declaration                                                  Official Record               August 25,1983
            Volume 03231,   page C19 et seq.                 
                                      

    B. Pursuant to the provisions of the Declaration and Bylaws, as amended, they may be modified and amended with the consent of not less than seventy-five percent (75%) of the unit owners by the filing of a certificate with the Auditor and Recorder of Franklin County, Ohio, setting forth the amendment and its manner of adoption, executed by the president or a vice president and by the secretary or an assistant secretary of the Association in the manner provided for the execution of declarations by Section 5311.05 of the Condominium Act.

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    C. No fewer than seventy-five percent (75%) of the unit owners of Pickawillany Condominium, who also constitute unit owners having not less than seventy-five percent (75%) of the voting power of unit owners, at a duly constituted meeting at which a quorum was present in person or by proxy, duly adopted this Amended Declaration and the amended bylaws attached hereto ("the Amended Bylaws"), and have thereby superseded, in their entireties, the previously described declaration and bylaws, and all amendments thereto.

    D. This Amended Declaration and the attached Amended Bylaws do not, in any way, enlarge, diminish, or change the size, location, composition, scope or extent of any unit or the common areas and facilities, nor the unit designation of any unit, nor is any change made in the drawings for the Condominium, or any amendment thereto, which drawings and amendments thereto shall remain unaffected by the adoption of these amended documents, and shall continue in full force and effect.

    NOW, THEREFORE, the undersigned officers of Pickawillany Condominium Unit Owners' Association hereby certify that at a duly called and noticed meeting of Pickawillany Condominium Unit Owners' Association, at which a quorum was present, the unit owners, by consent of not less than seventy-five percent (75%) of the units owners and by the affirmative vote of unit owners holding no less than seventy-five percent (75%) of the voting power of unit owners, adopted this document and the attachments hereto as the Amended Declaration and Amended Bylaws of Pickawillany Condominium, thereby superseding, in their entireties, the Declaration and Bylaws and all amendments thereto.

1. Definitions. The terms defined in this Section 1 (except as herein otherwise expressly provided or unless the context otherwise requires) for all purposes of this Amended Declaration and of any amendments hereto shall have the respective meanings specified in this Section.

     (a) Amended Bylaws. The Amended Bylaws of the Association attached hereto, created under and pursuant to the provisions of Chapter 5311 of the Revised Code of Ohio, and which also serve as the code of regulations of the Association under and pursuant to the provisions of Chapter 1702 of the Revised Code of Ohio (the State of Ohio's non-profit corporation statutory act).

                    (b) Amended Declaration. This instrument, and all of the exhibits hereto.

    (c) Assessment. That portion of the cost of maintaining, repairing and managing the condominium property which is to be paid by each unit owner.


 

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    (d) Association. Pickawillany Condominium Unit Owners Association, an Ohio corporation not for profit, being the entity charged with the responsibility of operating the condominium property, and defined as a unit owners association pursuant to Section 5311.01(j) of the Condominium Act.

    (e) Board and Board of Managers. Those persons who, as a group, serve as the board of managers of the Association under the provisions of the Condominium Act, who are also one and the same as the trustees and board of trustees of the Association under and pursuant to the provisions of Chapter 1702 of the Revised Code of Ohio.

    (f) Buildings. Residential structures, garages and other facilities constructed on and a part of the condominium property.

    (g) Capital Improvements. A material addition made to the condominium property, amounting to more than mere repairs, alterations or replacements of existing improvements, and intended to enhance its value, beauty or utility or to adapt it for new or further purposes.

    (h) Common Areas and Facilities. That part of the condominium property not included in a unit.

    (i) Common Expenses. Those expenses designated as common expenses in the Condominium Act, this A-mended Declaration or any of the other condominium documents, including without limitation, the following:

            (i) Costs for the maintenance, management, operation, repair and replacement of the common areas and facilities and those parts of the units as to which, pursuant to other provisions hereof, it is the responsibility of the Association to maintain, repair and replace;

            (ii) Costs for the management and administration of the Association, including, without intending to limit, the compensation paid by the Association to a managing agent, accountants, attorneys and other employees;

            (iii) All sums lawfully assessed against the unit owners by the Association and such other
expenses determined from time to time to be common expenses by the Association.

    (j) Condominium Act. That portion of the Ohio Revised Code (presently Chapter 5311), as the same may be amended or supplemented from time to time, which pertains to condominium ownership.

 

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    (k) Condominium Documents. This Amended Declaration and all exhibits thereto, the attached Amended Bylaws, the Articles of Incorporation of the Association filed with the Ohio Secretary of State, the drawings described in Subsections (A) (ii), (iv) and (vi) hereof, and all amendments to these documents hereafter duly adopted, filed, and/or recorded, as required by law.

    (l) Condominium Property. All of the real property described in Section 2 hereof, all of which constitutes the property subjected to the Condominium Act.

    (m) Limited Common Areas and Facilities. Those parts of the common areas and facilities reserved for the use of a certain unit to the exclusion of all other units and more specifically described in Section 6, Paragraph D hereof.

    (n) Occupant. A person or persons, natural or artificial, in possession of a unit, regardless of whether or not that person is a unit owner.

    (o) Ownership Interest. A fee simple title interest in a unit and the undivided percentage interest in the common areas and facilities appertaining thereto.

    (p) Rules. Rules and regulations governing the operation and use of the condominium property or any portion thereof as may be adopted by the Association from time to time.

    (q) Unit. Those parts of the condominium property described in Section 5 hereof which are the subject of individual ownership.

    (r) Unit Owner. Any person or persons, natural or artificial, owning or co-owning the fee simple estate in a unit and an undivided percentage interest in the common areas and facilities.

2. Property Submitted; Descriptions. The property that has been submitted to condominium ownership pursuant to the filing and recording of the previously described declaration and amendments thereto, and which continues to be submitted to and subject to such condominium ownership, consists of all of the units and the respective interest of every unit in the common areas and facilities of the Condominium, as the same are labeled, delineated and described on the attachment hereto marked "Exhibit A," and hereby made a part hereof, and includes and encompasses the buildings and all improvements to the real property thereon, and all easements, rights and appurtenances belonging thereto.

As a result of the filing and recording of this amending and superseding Amended Declaration, and in accordance with the

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provisions of the Condominium Act, it shall hereafter be sufficient to lawfully describe a unit and its interest in the common areas and facilities by utilizing the following description:

Situated in the City Of Columbus, Franklin County, Ohio, and described as follows:

Being Unit [insert unit designation] of Pickawillany Condominium, as the same is numbered and delineated in the Amended Declaration thereof, of record in Official Record Volume______, at page ________ et seq.,
and the Drawings and the amendments thereto, recorded in Condominium Plat Book 2, at pages 688 et seq.,752 et seq., and 780 et seq., all of the records of the Recorder of Franklin County, Ohio. [The blanks, above, will contain the recording reference of this Amended Declaration.]

    The unit designation to be inserted shall consist of a number, corresponding with the number of the building in which the unit is located, a dash, and a number which corresponds with the number in the building assigned to that unit by the developer. An illustration of proper unit designation is Unit "1-1".

Each unit shall be conveyed as a separately designated and legally described freehold estate subject to the terms, conditions and provisions Hereof. The undivided interest of a unit in the common areas and facilities shall be deemed to be conveyed or encumbered with the unit even though that interest is not expressly mentioned or described in the deed, mortgage or other instrument of conveyance or encumbrance.

3 . Name. The name which the Condominium is and shall be known is Pickawillany Condominium.

4. General Description of Condominium Property. The Condominium
consists of the property described in Exhibit A and the buildings and other improvements located thereon, including, without limitation, twenty-seven (27) residential structures containing, in total, one hundred ninety-three (193) units, some of which have an attached garage, balconies, courtyards, patios, all easements, rights and appurtenances belonging thereto, and all articles of personal property existing thereon for the common use of the unit owners. The principal materials of which the buildings are constructed are wood and concrete block, with the exterior walls consisting of wood siding and the exterior roof coverings being wood shingles. The location, layout and dimensions of the units and the common areas and facilities are shown graphically on the drawings and amendments thereto.

5. Description of Units. Each Unit shall constitute a single freehold estate and shall consist of all of the space bounded by the undecorated interior surfaces (whether plaster, drywall,

 

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wood, concrete or other materials) of the perimeter walls, windows and doors, the basement (where applicable) and the roof of such unit, projected, if necessary, by reason of structural divisions such as interior walls, floors, ceilings and other partitions, as may be necessary to form a complete enclosure of space with respect to such unit (the exact layout and dimensions of each unit being shown on the drawings and amendments thereto), and including, without limitation, all space occupied by any common areas and facilities located within the bounds of a unit, together with the decorated surfaces, including paint, lacquer, varnish, wallpaper, paneling, tile and any other finishing material applied to interior walls, doors, floors and ceilings and interior surfaces of perimeter walls, windows, doors, floors and ceilings.

    Attached hereto, marked 'Exhibit B', and hereby made a part hereof, is a listing of the units, by unit designation, and with respect to each unit, the number of square feet within the living area, basement (where applicable), the number of stories (including basement), the number of rooms, excluding the baths, and the number of baths.

6. Common Areas and Facilities. 

    A. Description. The common areas and facilities shall consist of all parts of the condominium property except the units.

    B. Ownership of Common Areas and Facilities. The common areas and facilities shall be owned by the unit owners as tenants in common, and ownership thereof shall remain undivided. No action for partition of any part of the common areas and facilities shall be maintainable, except as specifically provided in Section 5311.14 of the Condominium Act, nor may any unit owner otherwise waive or release any rights in the common areas and facilities; provided, however, that if any unit be owned by two or more co-owners as tenants in common or as joint tenants, nothing herein contained shall be deemed to prohibit a voluntary or judicial partition of such ownership as between such co-owners.

    Exhibit B also sets forth the percentage of interest in the common areas and facilities of each unit, as determined by the developer.

    The undivided percentage interest of the unit owners in the common areas and facilities and the fee title to the respective units shall not be separated or separately conveyed, encumbered, inherited or divided, and each undivided interest shall be deemed to be conveyed or encumbered with its respective unit even though the description in the instrument of conveyance or encumbrance may refer only to the fee title to such unit.

    C. Use of Common Areas and Facilities. Each unit owner shall have the right to use the common areas and facilities in

 

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accordance with the purposes for which they are intended and for all purposes incident to the use and occupancy of that owner's unit, and such rights shall be appurtenant to and run with that unit; provided, however, that no person shall use the common areas and facilities or any part thereof in such manner as to interfere with or impede the use thereof by others entitled to the use thereof or in any manner contrary to or not in accordance with (i) this Amended Declaration, (ii) the attached Amended Bylaws and (iii) the Rules.

    D. Limited Common Areas and Facilities; Use and Definition.
Each unit owner is hereby granted an exclusive and irrevocable license to use and occupy the limited common areas and facilities located within the bounds of that owner's unit or which serve only that unit. The limited common areas and facilities with respect to each unit shall consist of:

(i) All interior walls, doors, floors and ceilings located within the bounds of such unit, excluding the structural and component parts thereof;

(ii) All glass and screens within windows and doors within the perimeter walls of such unit;

(iii) All ducts and plumbing, electrical and other fixtures, equipment and appurtenances, including heating and air conditioning systems and control devices, located within the bounds of such unit or which serve only such unit;

(iv) All gas, electric, water or other utility or service lines, pipes, wires and conduits located within the bounds of such unit or which serve only the unit;

(v) Balconies, patios, stoops, courtyards and other appurtenant improvements, which serve only such unit;

(vi) Garages and parking spaces which shall serve only the unit and which are identified with such unit on the drawings; in addition to garages, each unit has one parking space identified with such unit--all remaining parking spaces shall be part of the common areas and facilities and shall be subject to the mutual use of all units, subject, however, to the bylaws or rules of the Association;

(vii) All other common areas and facilities as may be located within the bounds of such unit or which serve only such unit; and

(viii) All fireplaces, fire boxes, chimneys, flues, caps, spark arrestors, dampers, grates screens, gas lighters and appurtenances.

 

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7. Unit Owners Association.

        A. Membership. An Ohio corporation, not for profit, called "Pickawillany Condominium Unit Owners Association", has been formed, which has and which shall administer the condominium property subject to the provisions of Paragraph A of Section 8 hereof. Each unit owner, upon acquisition of the ownership interest in a unit within the condominium property, shall automatically become a member of the Association. Such membership shall terminate upon the sale or other disposition of that unit owner's ownership interest at which time the new owner of such ownership interest shall automatically become a member of the Association.

        B. Board of Managers and Officers. The Board and Officers of the Association , elected as provided-in the Amended Bylaws, shall exercise the powers, discharge the duties, and be vested with the rights conferred upon the Association by operation of law, by the Amended Bylaws and by this Amended Declaration.

        C. Administration of Condominium Property . The administration of the condominium property shall be in accordance with the provisions of this Amended Declaration and the Amended Bylaws attached hereto, and the rules, as amended from time to time. Each unit owner and occupant shall comply with the provisions of this Amended Declaration, the Amended Bylaws and rules, as lawfully amended from time to time, and failure to comply with any such covenants or rules shall be grounds for an action for damages or for injunctive relief.

        Any and all costs of enforcement and/or proceedings as described herein, including reasonable attorney's fees, shall constitute an assessment against the unit owned or occupied by the person or persons against whom such enforcement is sought.

        In addition, the Association may, after due notice, levy administrative or enforcement charges against any unit owner who is found to be in violation of the provisions of the Amended Declaration, the Amended Bylaws, or rules in a reasonable amount as determined by the Board. Any and all such administrative or enforcement charges shall be published with the rules and written notice thereof shall be given to all unit owners and occupants of the Association.

        D. Service of Process. The president of the Association or its duly appointed statutory agent shall be the person (s) designated to receive service of process for the Association, and such designation shall be further evidenced by the filing with the Secretary of State of Ohio of the appropriate form for the appointment of a statutory agent of an Ohio non-profit corporation.

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8.. Management, Maintenance, Repairs, Alterations and Improvements.

        A. Responsibility of the Association. Except as otherwise expressly provided in Section 12 hereof, the Association, at its expense, shall be responsible for the management, maintenance, repair, replacement, alteration and improvement of the common areas and facilities, excluding the limited common areas and facilities, but including the structural components thereof. In addition, the Association, at its expense, shall be responsible for the management, maintenance, repair, replacement, alteration and improvement of any multi-unit alarm systems. The Association may delegate all or any portion of its authority to discharge such responsibility to a managing agent. Such delegation to a managing agent may be evidenced by one or more management contracts, no one of which shall exceed five (5) years in duration, which shall provide for the payment of reasonable compensation to said managing agent as a common expense. Upon the expiration of the initial term of any such management contract, the Association may renew such contract from time to time for successive periods, no one of which shall exceed five (5) years in duration, or enter into a new management contract for an additional period not to exceed five (5) years, or designate a different managing agent. The managing agent, or the Association, if there is no managing agent, shall have the authority to enter into agreements with one or more firms or corporations, for the common management, maintenance and repair of the condominium property. Without intending to limit the generality of the foregoing, such agreements may provide for the allocation of expenses, purchase of equipment and supplies and joint sharing of employees and management overhead.

        B.. Responsibility of Unit Owner. The responsibility of each unit owner shall be as follows:

    (i) Except as otherwise expressly provided in
Sections 11 and 12 hereof , to maintain, repair and replace, at the unit owner's expense all portions
of that owner's unit and all limited common areas and facilities designated for that unit's use; provided, however, that maintenance and repair to the structural elements of limited common areas, including garages (which are defined as limited common areas and facilities), shall be the responsibility of the Association, unless such maintenance and repair is caused by the unit owner, in which case the unit owner shall be responsible;

    (ii) To perform the unit owner's responsibilities in such manner so as not to unreasonably disturb other unit owners and occupants;

    (iii) To pay all costs for utility services furnished to that owner's unit or to the limited common areas and facilities designated for that unit's use;

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    (iv) Not to paint or otherwise decorate or change the appearance of any portion of the buildings not within the bounds of that owner's unit, unless prior written consent of the Association is obtained;

    (v) To promptly report to the Board or managing agent employed by the Association the need for any maintenance or repair to any portion of the condominium property which the Association is obligated to maintain or repair pursuant to the provisions of the Amended Declaration, the Amended Bylaws or the rules;

    (vi) Not to make any alterations in the common areas and facilities or remove any portion thereof or make any additions thereto or do anything which would or might jeopardize or impair the safety or soundness thereof, except as hereinafter provided in Section 12 hereof, without the prior written consent of the Association;

    (vii) Not to impair the use and enjoyment of the easements provided in Section 10 hereof without first obtaining the written consent of the Association and of any other person, firm or corporation for whose benefit such easements exist; and

    (viii) To observe, fulfill and perform all other obligations of a unit owner as set forth in this Amended Declaration, the Amended Bylaws, or the rules.

        C. Rights of the Association. Notwithstanding anything to the contrary contained herein, in the event the Association deems it necessary and desirable to maintain, replace or repair any part or parts of the limited common areas and facilities, whether due to the failure on the part of the unit owner or due to the desire on the part of the Association, then, and in that event, the Association shall have the right to perform such maintenance, replacement, repair or decoration and charge the particular unit owner with the expense thereof. Any such assessment shall become due and payable on such date as the Board determines, and gives written notice to the unit owner subject thereto.

        D. Construction Defects. The obligation of the Association and of the unit owners to maintain, repair and replace the portions of the condominium property for which they are respectively responsible shall not be limited, discharged or postponed by reason of the fact that any maintenance, repair or replacement may be necessary to cure any latent or patent defects in material or workmanship in the construction of the condominium property. The undertaking of maintenance, repair or replacement by the Association or unit owners shall not constitute a waiver of any rights against any warrantor, but such rights shall be specifically reserved.


 

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        E. Effect of Insurance or Construction Guarantees. Notwithstanding the fact that the Association and/or any unit may be entitled to the benefit of any guarantee or warranty of material or workmanship furnished by any construction trade responsible for any construction defects, or to benefits under any policies of insurance providing coverage for loss or damage for which they are respectively responsible, the existence of construction guarantees or insurance coverage shall not excuse any delay by the Association or any unit owner in performing their respective obligations hereunder.

9. Common Expenses and Assessments.

    A. Division of Common Profits and Common Expenses. Subject to the retention of funds for reserves, the common profits of the condominium property shall be allocated and distributed among, and the common expenses shall be assessed against, the unit owners by the Association according to the percentages of interest in the common areas and facilities of their respective units. Every unit owner shall pay that unit owner's proportionate share of assessments for common expenses and any special assessments levied against that unit owner, and no unit owner shall be exempt from liability for such assessments by waiver of the use or enjoyment of the common areas and facilities or by the abandonment by a unit owner of that owner's unit.

    B. Effect of Nonpayment of Assessments; Remedies of the Association. All assessments levied by the Association shall be the joint and several obligation of the unit owners who had an ownership interest therein at the time when such assessments became due.

    If any assessment or any installment of any assessment is not paid within ten (10) days after the same has become due, the Board, at its option, without demand or notice, may (i) declare the entire unpaid balance of the assessment in default and immediately due and payable; (ii) charge interest on the entire unpaid balance (or on an overdue installment, alone, if it hasn't exercised its option to declare the entire unpaid balance due and payable), at the lawful rate of interest as determined by the Board, and (iii) charge a reasonable, uniform, late fee, as determined from time to time by the Board.

    The Association may file a lien upon each unit owner's ownership interest for all or any part of the unpaid balance of that assessment, interest, administrative charges, and costs, including reasonable attorney fees, which remains unpaid for ten (10) days after the same have become due and payable, with the Recorder of Franklin County, Ohio, pursuant to authorization, either general or specific, given by the Board. Such certificate shall be subscribed by the president of the Association and contain a description of the unit, the name or names of the unit owner or owners thereof and the amount of such unpaid balance of the assessment together with (i) interest, at such lawful rate as is determined

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by the Board, and (ii) any reasonable administrative charges. Such lien provided herein shall remain valid for a period of five (5) years from the date a certificate of lien or renewal certificate was duly filed therefor, unless sooner released or satisfied in the same manner provided by law in the State of Ohio for the release and satisfaction of mortgages on real property, or discharged by the final judgment or order of a court in an action brought to discharge the lien.

    C. Priority of Association's Lien. The lien provided for in Paragraph B of this Section 9 shall take priority over any lien or encumbrance previously or subsequently arising or created, except liens for real estate taxes and assessments and liens of first mortgages which have been theretofore filed for record, and may be foreclosed in the same manner as a mortgage on real property in an action brought on behalf of the Association by the president thereof pursuant to authority granted by the Board. In any such foreclosure action, the unit owner of the unit affected shall be required to pay a reasonable rental for such unit during the pendency of such action, and the plaintiff in such action shall be entitled to the appointment of a receiver to collect the same. In any such foreclosure action, the Association shall be entitled to become the Purchaser at the foreclosure sale. In any action at law or for foreclosure interest, administrative charges, and reasonable attorney's fees of such action shall be added to the amount of any such lien.

    D. Dispute as to Common Expenses. Any unit owner who believes that the assessments levied by the Association against the owner or that owner's unit, for which a certificate of lien has been filed by the Association, have been improperly determined, may bring an action in the Court of Common Pleas, Franklin County, Ohio, for the discharge of all or any portion of such lien.

    E. Non-Liability of Foreclosure Sale Purchaser for Past, Due Common Expenses. Where the mortgagee or a first mortgage of record acquires an ownership interest in a unit as a result of foreclosure of the first Mortgage or of the acceptance of a deed in lieu of foreclosure, such mortgagee, its successors and assigns, shall not be personally liable for the assessments levied against such unit which were levied prior to the acquisition of an ownership interest in such unit by such mortgagee. Such assessments shall be a lien, however, and shall be paid out of the monies received at the foreclosure sale, if applicable. To the extent such assessments are not paid, however, they shall be deemed to be common expenses and shall be levied against all of the unit owners at the time of the first assessments next following the acquisition of title by such mortgagees.

    F. Liability for Assessments Upon Voluntary Conveyance. In a voluntary conveyance of an ownership interest in a unit, other than by deed in lieu of foreclosure to a first mortgagee, the grantee of the ownership interest shall be jointly and severally

 

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liable with the grantor for all unpaid assessments levied by the Association against such unit prior to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefore. However, such prospective grantee shall, upon written request, be entitled to a statement from the Board setting forth the amount of all unpaid assessments due the Association with respect to the ownership interest to be conveyed, and such grantee shall not be liable for, nor shall the unit conveyed be subject to a lien for, any unpaid assessments which became due prior to the date of the making of such request if the same were not set forth in such statement.

    G. Attorney Fees and Enforcement Costs. When a unit owner is in default of payment of any charge due the Association, and the Association elects to enforce its right to payment against the unit owner through successful legal action, said unit owner shall be obligated to the Association for the reasonable attorney fees and costs incurred by the Association any charge due the Association, and the Association elects to enforce its right to payment in enforcing its rights against such unit owner.

10. Easements. The condominium property is hereby made subject to the following easements, each of which shall be in perpetuity, shall run with the land, and shall inure to the benefit of and be binding upon the Association, each unit owner, each mortgagee in whose favor a mortgage shall be granted with respect to any unit, and any other person having an interest in the condominium property, or any part thereof, and the respective heirs, devisees, administrators, executors, personal representatives, successors and assigns of any of the foregoing persons:

    A. Encroachments. If by reason of the construction, repair, restoration or total destruction and rebuilding, or settlement or shifting of any of the buildings or improvements constituting a part of the condominium property, any part of the common areas and facilities shall encroach upon any part of a unit, or any part of a unit shall encroach upon any part of the common areas and facilities, or any part of a unit shall encroach upon any part of any other unit, or if by reason the design or the condominium property any pipes, ducts or conduits serving a unit shall encroach upon any other unit, easements in favor of a unit owner or the Association, as the case may be, for the maintenance of any such encroachment are hereby established; provided, however, in no event shall a valid easement for any encroachment be created in favor of a unit owner if such encroachment occurred due to that unit owner's willful conduct.

    B. Maintenance Easements.

    (i) Easements in favor of the Association over, upon and through all of the condominium property, including each unit and the limited common areas and facilities, to enable 

 

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the Association to perform its obligations, rights and duties pursuant hereto with regard to maintenance, repair, replacement, alteration and improvement of any items, things or areas of or in the condominium property.

    (ii) Easements in favor of the Association over the units and their appurtenant limited common areas and facilities which may be exercised without notice in the event of an emergency; otherwise, the Association shall give the unit owner or occupants of a unit no less than twenty-four (24) hours advance notice prior to entering a unit or its appurtenant limited common areas and facilities.

    (iii) Easements in favor of each unit owner to and through the common areas and facilities as may be necessary for the use of water, gas, sewer, power and other utilities now or hereafter existing within the walls. Easements in favor of each unit owner to hang pictures, mirrors and the like upon the walls of that owner's unit.

        C. Utility Easements  Easements in favor of the Association through the units and the limited common areas and facilities for the purpose of installing, laying, maintaining, repairing and replacing any pipes, wires, ducts, conduits, public utility lines or structural components through the walls of the units. Easements for the benefit of adjacent property reserved over the condominium property and units thereon to install, use, maintain, repair and replace pipes, wires, conduits or other utility lines for the purpose of providing water, storm, sanitary sewer, gas, electric, telephone and television service.

        D. Future Easements to Others. Such easements as the Association from time to time may hereafter grant to others on behalf of the condominium property for utility purposes, including, but not limited to, the right to install, lay, maintain, repair and replace water mains and pipes, sewer lines, gas mains, telephone wires over, under and along any portion of the common areas and facilities, provided that it shall be a condition to the use and enjoyment of any such easements that the owner or owners of land benefited thereby shall, at its or their expense, restore the common areas and facilities to the same condition as existed just prior to the installation of any such utility improvements. Each unit owner and that unit owner's respective mortgagees by acceptance of a deed conveying such ownership interest or a mortgage encumbering such ownership interest, as the case may be, hereby irrevocably appoints the Association, his, her or its attorney-in-fact, coupled with an interest, and authorizes, directs and empowers such attorney at the option of the attorney, to execute, acknowledge and record for and in the name of such unit owner and that unit owner's mortgagees such easements or other instrument as may be necessary to effect the foregoing.

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        Each grantee of a unit and each mortgagee in whose favor a mortgage with respect to any unit is granted shall be subject to and have the benefit of (as the case may be) each of the easements herein provided in this Section 10 in the same manner and to the same extent as though such easements were expressly provided for and fully set forth in the deed of conveyance or mortgage (as the case may be), notwithstanding the omission from such deed of conveyance or mortgage (as the case may be) of reference to such easements.

11. Purpose of Property and Covenants and Restrictions as to Use and Occupancy. The following covenants and restrictions as to the use and occupancy of the condominium property shall run with the land and shall be binding upon each unit owner and occupant.

    A. Purpose of Property. The condominium property shall be used for single family
residence purposes and common recreational purposes auxiliary thereto and no other purposes. A unit
owner or occupant may use a portion of that owner's unit for an office or studio (other than a music
studio) provided that the activities therein shall not interfere with the quiet enjoyment or comfort of
other unit owner or occupant and further provided that such activities shall not involve the personal services of any unit owner or occupant to a customer or other person or client who comes to the condominium property.

    B. Obstruction of Common Areas and Facilities. There shall be no obstruction of, nor shall anything be stored in, the common areas and facilities, excluding the limited common areas and facilities located within the bounds of a unit or pertaining to a unit, without the prior written consent of the Association.

    C. Hazardous Uses and Waste. Nothing shall be done, stored, or kept in any unit, the common areas and facilities or limited common areas and facilities which will endanger life, limb or property or increase the rate of insurance on the common areas and facilities or limited common areas and facilities, or contents thereof, without the written consent of the Board. No unit owner shall permit anything to be done or kept in that owner's unit, the common areas and facilities, or limited common areas and facilities, which will result in the cancellation of insurance on the common areas and facilities or limited common areas and facilities, or contents thereof, or which would be in violation of any covenants of the Amended Declaration, Amended Bylaws or law. No waste shall be committed nor shall any litter be permitted in the common areas and facilities or limited common areas and facilities.

    D. Visible Areas. Unit owners shall not cause or permit anything to be hung, displayed, placed or constructed on the outside of windows or on the outside wall of any of the buildings and no sign, awning, canopy, shutter, radio or television antenna shall be affixed to or placed upon the exterior wall or roof of any of the buildings without the prior consent of the Association.

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(continued on part 2)