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Bylaws part 2
12971B01
E. Animals and Pets.
No animals, rabbits, livestock, fowl or poultry of any kind shall be
raised, bred or kept in any unit or in the common areas and facilities,
except that dogs, cats and other household pets may be kept in the
units, subject to the rules and any other agreements, provided that they
are not kept, bred or maintained for any commercial purpose, and
provided, further, that any such pet causing or creating a nuisance or
unreasonable disturbance shall be permanently removed from the
condominium property upon three (3) days' written notice from the Board.
No household pet shall be permitted in any portion of the common areas
and facilities except on a leash maintained by a responsible person and
the permitting of animals on the common areas and facilities shall be
subject to such rules and regulations as the Board may from time to time
promulgate, including, without limitation, the right to levy enforcement
charges against unit owners who do not keep the common or limited common
areas and facilities clean after their pets.
F. Nuisances. No noxious or offensive activity shall be carried
on in any unit or in the common areas and facilities nor shall anything
be done therein, either willfully or negligently, which may be or become
an annoyance or nuisance to any of the unit owners or occupants.
G. Impairment of Structural Integrity of Building. Nothing shall
be done in any unit or in, on or to the common areas and facilities
which would impair the structural integrity or would structurally change
any of the buildings.
H. Laundry or Rubbish in Common Areas and Facilities. No clothes,
sheets, blankets, laundry of any kind or other articles shall be hung or
exposed on any part of the common areas and facilities not within the
bounds of a unit. The parts of the common areas and facilities not
within the bounds of a unit shall be kept free and clear of rubbish,
debris and other unsightly materials.
I. Lounging or Storage in Common Areas and Facilities. There
shall be no playing, lounging or parking of baby carriages, playpens,
bicycles, wagons, toys, vehicles, benches or chairs on any part of the
common areas and facilities not within the bounds of a unit except in
accordance with the rules and except that any balcony, courtyard, deck,
patio, garage and parking area may be used for its intended purposes,
including the prohibited uses specified in this paragraph.
J. Prohibited Activities. No industry, business, trade,
occupation or profession of any kind, commercial, religious, educational
or otherwise, shall be conducted, maintained or permitted on any part of
the condominium property except as provided in Paragraph A of this
Section 11, nor shall any "For Sale" or "For Rent" signs or other
displays or advertising be maintained or permitted on any part of the
condominium property.
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The right is hereby given the Association or its representatives to
place "For Sale" or "For Rent" signs on any unit or on the condominium
property, for the purposes of facilitating the disposal of units by any
unit owner, mortgagee or the Association.
K. Architectural Control.
(i) No building, fence, wall, sign or other structure shall be
commenced, erected or maintained upon the common or limited common areas
and facilities, or any part thereof, nor shall any exterior addition to
or change or alteration therein be made, until the plans and
specifications showing the nature, kind, shape, height, width,
materials, color and location of the same shall have been submitted to
and approved in writing by the Board or its designated representative,
as to lawfulness and appropriateness, and as to harmony of design, color
and location in relation to surrounding structures and topography.
(ii) Any and all such exterior additions and/or alterations shall be
constructed according to the design and plans approved by the Board
without substitute in materials, height, width, shape, location, color
and construction, and within the period of time as determined by the
Board.
(iii) All maintenance, repair and/or replacement of exterior additions
or alterations, including the structural or component parts thereof,
shall be at the expense of the unit owner and subject to the rights of
the Association as stated herein.
(iv) Any Unit Owner given approval to and making any exterior addition
or alteration shall indemnify the Board in writing by agreeing to
maintain, repair and/or replace said exterior additions or alterations.
Such indemnification shall be in perpetuity, shall run with the land,
and shall be binding upon each unit owner, their successors and assigns.
L. Rental of Units. No unit shall be rented by a unit owner for
transient or hotel purposes, which shall be defined as (i) rental for
any period less than thirty (30) days, or (ii) any rental if the
occupants of the units are provided customary hotel service, such as
room service for food and beverage, maid service, furnishing of laundry
and linen and bellboy service. Other than the foregoing restrictions,
unit owners shall have the right to lease their respective units,
provided that said lease is made subject to the covenants and
restrictions in the Amended Declaration and the Amended Bylaws.
M. Fireplaces. Unit owners shall not cause or permit any
modifications, additions, or replacements of fireplaces, fireboxes,
flues, dampers, chimneys, or chimney caps without Board approval.
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N. Vehicles. The Board may promulgate rules and regulations
restricting or prohibiting the parking of automobiles, inoperable
vehicles, unlicensed vehicles, trucks, boats and recreational vehicles
on the condominium property, or parts thereof, and may enforce such
regulations or restrictions by levying enforcement charges, having such
vehicles towed away, or taking such other actions as it, in its sole
discretion, deems appropriate.
12. Insurance and Reconstruction.
A. Insurance. The insurance which shall be carried upon the
condominium property Shall be governed by the following provisions:
(i) All insurable improvements comprising the condominium property and
all personal property as may be owned by the Association shall be
insured by the Association in an amount equal to the full insurable
replacement value thereof, exclusive of excavation and foundations, as
determined annually by the engineering department of the insurance
carrier. Such coverage shall afford protection against the following:
(a) Loss or damage by fire and other hazards covered by standard
extended coverage endorsement; and
(b) Such other risks as from time to time customarily shall be covered
with respect to buildings similar to the buildings, in construction,
location and use, including, but not limited to, vandalism, malicious
mischief, windstorm and water damage, subject to such deductible amounts
not in excess of $1,000.00 as the Board shall determine.
(ii) The policy or policies providing such coverage (hereinafter called
"casualty insurance") shall be issued by an insurance company or
companies having a rating of not less than "Good" with Best's Key Rating
Guide. Such policy or policies shall provide that notwithstanding any
provision thereof which gives the carrier an option to restore damage in
lieu of making a cash settlement therefor, such option shall not be
exercisable in the case of removal of the condominium property from the
provisions of the Condominium Act as provided for in this Amended
Declaration and shall further provide that the coverage thereof shall
not be terminated for non-payment of premiums without at least ten (10)
days' written notice to each unit mortgages. All casualty insurance
policies shall be purchased by the Association for the benefit of the
Association, the unit owners and their respective mortgagees as their
interests may appear, and shall provide for the issuance of certificates
of insurance with mortgage endorsements to the holders of mortgages on
the units, if any. Such casualty insurance
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policies and any endorsements thereto shall be deposited with the
insurance trustee (as hereinafter defined), if an insurance trustee is
appointed, who must first acknowledge that the policies and any proceeds
thereof will be held in accordance with the terms hereof. A.11 casualty
insurance policies shall provide that all proceeds payable as a result
of casualty losses shall be paid to any bank, as trustee, if any, which
is selected by the Association and located in Columbus, Ohio, with trust
powers (herein referred to as the "insurance trustee"). The insurance
trustee shall not be liable for payment of premiums nor for the renewal
of policies, nor for the sufficiency of coverage, nor for the form or
contents of the policies, nor for the failure to collect any insurance
proceeds. The sole duty of the insurance trustee shall be to receive
such proceeds as are paid and to hold the same in trust for the purposes
elsewhere stated herein, and for the benefit of the Association, the
unit owners and their respective mortgagees.
(iii) The Association shall insure itself, the members of the Board, the
unit owners and occupants against liability for personal injury,
disease, illness or death, and for injury to or destruction of property
occurring upon, in or about, or arising from or relating to the common
areas and facilities, including without limitation, water damage, legal
liability, hired automobile, non-owner automobile and off-premises
employee coverage, such insurance to afford protection to a limit of not
less than One Million Dollars ($1,000,000.00) in respect to personal
injury, disease, illness or death suffered by any one person, and to the
limit of not less than One Miillion Dollars ($1,000,000.00) in respect
to any one occurrence, and to the limit of not less than Two Hundred and
Fifth Thousand Dollars ($250,000.00) in respect to damage to or
destruction of property arising out of any one accident. All liability
insurance shall contain cross-liability endorsements to cover
liabilities of the unit owners as a group to a unit owner.
(iv) Premiums upon replacement insurance policies purchased by the
Association shall be paid by the Association, or arrangements made for
the payment, at least thirty (30) days prior to the expiration date of
existing policies and shall be accessed as common expenses.
(v) Each unit owner may, at that unit owner's own expense, obtain public
liability
insurance for personal injuries or damage arising out of the use and
occupancy of that owner's unit
and casualty insurance affording covering upon that owner's personal;
property inasmuch as the same will not be insured by the Association.
(vi) If any applicable insurance policy is not invalidated by such
release, each of the unit owners,
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12971B05
occupants, the Association, and the managing agent hereby releases each
and all of the unit owners, occupants, the Association, and the managing
agent of and from any liability for damage to or destruction of any part
of the condominium property or any personal property situated thereon to
the extent that the owner or owners of the damaged or destroyed property
is or are compensated by insurance as a result of such damage or
destruction.
B. Responsibility for Reconstruction or Repair. If any portion of
the condominium property shall be damaged by perils covered by the
casualty insurance, the Association shall cause such damaged portion to
be promptly reconstructed or repaired to the extent of the funds made
available from insurance, as hereinafter provided, and any such
reconstruction or repair shall be substantially in accordance with the
drawings; provided, however, if such damage renders one-half or more of
the units then comprised within the condominium property untentantable,
the unit owners may, by the vote of those entitled to exercise not less
than 75% of the voting power, elect not to reconstruct or repair such
damaged part at a meeting which shall be called within ninety (90) days
after the occurrence of the casualty, or, if by such date the insurance
loss has not been finally adjusted, then within thirty (30) days after
such final adjustment. Upon such election, all of the condominium
property shall be subject to an action for sale or a sale of the
condominium property after such election by agreement of all unit
owners, and the net proceeds of the sale together with the net proceeds
of insurance, if any, and any other indemnity arising because of such
damage or destruction, shall be considered as one fund and shall be
distributed to all unit owners iii proportion to their respective
percentages of interest in the common areas and facilities. No unit
owner, however, shall receive any portion of that owner's share of such
proceeds until all liens and encumbrances on that owner's unit have been
paid, released or discharged.
C. Procedure for Reconstruction or Repair.
(i) Immediately after a casualty causing damage to any portion of the
condominium property, the Association shall obtain reliable and detailed
estimates of the cost to place the damaged property in condition as good
as that before the casualty. Such costs shall include professional fees
and premiums for such bonds as the Board deems necessary,
(ii) If the proceeds of the casualty insurance are not sufficient to
defray the estimated costs of reconstruction and repair by the
Association (including the
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aforesaid fees and premiums, if any) one or more special assessments
shall be made against all unit owners in sufficient amounts to provide
funds for the payment of such costs, and the proceeds of such special
assessments shall be deposited with the insurance trustee, if one is
appointed.
(iii) The proceeds of the casualty insurance referred to in Subparagraph
(i) of Paragraph A of this Section 12 and the sums resulting from
collections of special assessments against unit owners on account of
such casualty, shall constitute a construction fund which shall be
disbursed to the insurance trustee (if one is named) and be applied to
the payment of the cost of reconstruction and repair of the condominium
property from time to time as the work progresses, but not more
frequently than once in any calendar -month. If such funds are held by
the insurance trustee, it shall make such payments upon the written
request of the Association, accompanied by a certificate, dated not more
than fifteen (15) days prior to such request, signed by a responsible
officer of the Association and by an architect in charge of the work,
who shall be selected by the Association, setting forth (1) that the sum
then requested either has been paid by the Association or is justly due
to contractors, subcontractors, materialmen, architects or other persons
who have rendered services or furnished materials in connection with the
work, giving a brief description of the services and materials, and that
the sum requested does not exceed the value of the services and
materials described in the certificate, (2) that except for the amount
stated in such certificate to be due as aforesaid and for work
subsequently performed, there is no outstanding indebtedness known to
the person signing such certificate after due inquiry which night become
the basis of a vendors, mechanic's, materialmen's or similar lien
arising from such work, and (3) that the cost as estimated by the person
signing such certificate of the work remaining to be done subsequent to
the date of such certificate does not exceed the amount of the
construction fund remaining in the hands of the insurance trustee after
the payment of the sum so requested. It shall be presumed that the first
monies disbursed in payment of such cost of reconstruction and repair
shall be from insurance proceeds; and if there is a balance in any
construction fund after payment of all costs of the reconstruction and
repair for which the fund is established, such balance shall be
disbursed to the Association.
(iv) The insurance trustee, if there is one, may rely upon a certificate
of the Association certifying as to whether or not the damaged property
is to be reconstructed or repaired. The Association, upon
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request of the insurance trustee, shall deliver such certificate as soon
as practical.
(v) Each unit owner shall be deemed to have delegated to the Board that
owner's right to adjust with insurance companies all losses under the
casualty insurance policies referred to in Subparagraph (i) of Paragraph
A of this Section 12.
13. Rehabilitation of Existing Buildings, Structures and Other
Improvements. The Association may, by the affirmative vote of unit
owners entitled to exercise not less than seventy-five percent (75%) of
the voting power, determine that the condominium property is obsolete in
whole or in part, and elect to have the same renewed and rehabilitated.
The Board shall thereupon proceed with such renewal and rehabilitation
and the cost thereof shall be a common expense. Any unit owner who does
not vote for such renewal and rehabilitation may elect, in a writing
served by that unit owner on the president of the Association within
five (5) days after receiving notice of such vote, to receive the fair
market value of that unit owner's ownership interest, less (i) the
amount of any liens and encumbrances on that owner's unit as of the date
such vote is taken and (ii) the amount of any liens and encumbrances
arising out of actions of said unit owner filed during the period from
the date of such vote to the date of conveyance, in return for a
conveyance of that owner's ownership interest, subject to such liens and
encumbrances, to the president of the Association as trustee for all
other unit owners. In the event of such election by a unit owner to
receive the fair market value of that owner's ownership interest, such
conveyance and payment of the consideration therefor, which shall be a
common expense to the unit owners who have elected to renew and
rehabilitate, shall be made within ten (10) days thereafter, and, if
such unit owner and a majority of the Board cannot agree upon the fair
market value of such unit, such determination shall be made by majdrity
vote of three appraisers, one of which shall be appointed by the Board,
one of which shall be appointed by such unit owner, and the third of
which shall be appointed by the first two appraisers.
14. Removal From Condominium Ownership. The unit owners, by
unanimous vote, may elect to remove the condominium property from the
provisions of Chapter 5311. In the event of such election, all liens and
encumbrances, except taxes and assessments not then due and payable,
upon all or any part of the condominium property, shall be paid,
released or discharged and a certificate setting forth that such
election was made shall be filed with and recorded by the Recorder of
Franklin County, Ohio. Such certificate shall be prepared in duplicate
and shall be signed by the president of the Association, who shall
certify therein under oath that all liens and encumbrances, except taxes
and assessments then due and payable upon all or any part of the common
areas and facilities, have been paid, released or discharged, and shall
also be signed
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12971B08
by the unit owners, each of whom shall certify therein under oath that
all such liens and encumbrances on that owner's unit or units have been
paid.
15. Amendment of Amended Declaration by Unit Owners.
(i) This Amended Declaration may be modified and amended by the consent
of unit owners exercising not less than seventy-five percent (75%) of
the voting power of unit owners. A certificate setting forth such
alterations and amendment and the manner of its adoption shall be
executed by the president or a vice president and by the secretary or an
assistant secretary of the Association. As many copies each, as required
by such certificates, shall be filed with the Auditor and Recorder of
Franklin County, Ohio, and such alteration or amendment shall be
effective from the time a copy of such certificate is delivered to the
Recorder for record; provided, however, any amendment altering the
percentage of interest in the common areas and facilities, the
boundaries of any unit, the number of votes in the Association
appertaining to any unit, and the fundamental purposes to which any unit
or the common areas and facilities are restricted, shall require the
unanimous approval of all unit owners affected.
(ii) No amendment having an adverse effect upon mortgagees, as herein
described, shall have any effect, however, upon the rights of bona fide
mortgagees unless (a) at least fiftv-one percent (51%) approval of first
mortgagees has been obtained and (b) thirty (30) days has lapsed since
written notice of said amendment to mortgagees, during which time
mortgagees may object in writing, with failure to object within said
time period constituting automatic approval. Such consent or objection
shall be retained by the secretary of the Association, and the
secretary's certification in the instrument of amendment as to the names
of the consenting and non-consenting mortgagees of the various units may
be relied upon by all persons for all purposes.
(iii) The consent of first mortagagees to amendments for which they are
not entitled to written notice shall not be required.
16. Remedies for Breach of Covenants and Rules. If any unit owner
(either by that owner's own conduct or by the conduct of any occupant of
that owner's unit) shall violate any of the rules or breach any covenant
or provision contained in this Amended Declaration or the Amended
Bylaws, the Association shall have the right in addition to the rights
hereinafter set forth in this Section 16 and those provided by law, (i)
to enter any unit in which or as to which such violation or breach
exists and to summarily abate and remove, at the expense of the owner of
such unit, any structure, thing or
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12971B09
condition that may exist therein contrary to the intent and meaning of
the provisions of this Amended Declaration or of the Amended Bylaws, or
of the rules, and the Association, or its agents shall not thereby be
deemed guilty in any manner of trespass, or (ii) to enjoin, abate or
remedy by appropriate legal proceedings, either at law or in equity, the
continuance of any breach.
17. Miscellaneous Provisions.
A.. Notices to Mortgagees. Any first mortgagee, upon written request to
the Association, shall be entitled to timely written notice by the
Association of:
(i) any proposed addition or amendment of the Amended Declaration or
Amended Bylaws effecting a material change or addition in any covenants
or provisions establishing, providing for, governing or regulating
voting, assessments, assessment liens or subordination of such liens,
reserves or -maintenance, repair and replacement of condominium
property, insurance or fidelity bonds, rights to use of common areas and
facilities, responsibility for maintenance or repair, the boundaries or
composition of any unit, the interests in the common or limited common
areas and facilities, the convertibility of units into common areas and
facilities or of common areas and facilities into units, the leasing of
any unit or part thereof, the imposition of any restriction on the right
of a unit owner to sell, transfer, or otherwise convey his, her or its
unit, or any provisions which are for the express benefit of the first
mortgagee;
(ii) any proposed removal of the condominium property from Chapter 5311,
Ohio Revised Code;
(iii) any condemnation or eminent domain proceeding which may affect a
material portion of the condominium property or any unit on which there
is a first mortgage held;
(iv) any decision by the Association not to restore substantial damage
or destruction;
(v) any lapse, cancellation or material modification of any insurance
policy or fidelity bond maintained by the Association;
(vi) any decision by the Association to renew or rehabilitate the
condominium property;
(vii) any decision by the Association to construct significant new
capital improvements not replacing existing improvements;
(viii) times and places of unit owners' meetings; and
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12971B10
(ix) any default under the Amended Declaration or Amended Bylaws which
gives rise to a cause of action against a unit owner 4hose unit is
subject to the mortgage of such first mortgagee, where the default has
not been cured in sixty (60) days.
B. Copies of Notices to Mortgage Lender. Upon written request to
the Board, tie holder or any duly recorded mortgage on any ownership
interest or interest therein shall be given a copy of any and all
notices permitted or required by this Amended Declaration to be given to
the unit owner or owners whose ownership interest or interest therein is
subject to such mortgage.
C. Covenants Running With the Land. Each grantee, by the
acceptance of a deed of conveyance, accepts the same subject to all
restrictions, conditions, covenants, reservations, liens and charges,
and the jurisdiction, rights and powers created or reserved by this
Amended Declaration, and all rights, benefits and privileges of every
character hereby granted, created, reserved or declared, and all
impositions and obligations hereby imposed shall be deemed and taken to
be covenants running with the land, and shall bind any person having at
any time any interest or estate in said land, and shall inure to the
benefit of such person in like manner as though the provisions of this
Amended Declaration were recited and stimulated at length in each and
every deed of conveyance.
D. Termination. Upon the removal of the condominium property from
the Provisions of Chapter 5311, all easements, covenants and other
rights, benefits, privileges, impositions and obligations declared
herein to run with the land or any ownership interest or interest
therein shall terminate and be of no further force or effect, except
that easements in favor of others then already created or permitted to
be created pursuant to this Amended Declaration shall continue and be in
full force and effect.
E. Waiver. No covenants, restrictions, conditions, obligations or
provisions contained in this Amended Declaration shall be deemed to have
been abrogated or waived by reason of any failure to enforce the same,
irrespective of the number of violations or breaches which may occur.
F. Severability. The invalidity of any covenant, restriction,
condition, limitation or any other provisions of this Amended
Declaration, or of any part of the same, shall not impair or affect in
any manner the validity, enforceability or effect of the rest of this
Amended Declaration.
G. Time Limits. If any of the privileges, covenants or rights
created by this Amended Declaration shall be unlawful or
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12971B11
void by reason of (a) the rule against perpetuities or some analogous
statutory provision, (b) the rule restricting restraints on alienation
or (c) any other statutory or common law rules imposing time limits,
then such provisions shall continue only until twenty-one (21) years
after the death of the survivor of the now living descendants of the
President of the United States of America.
H. Service of Notices on the Board. Notices required to be given
to the Board or the Association may be delivered to any two (2) members
of the Board or to the president of the Association, either personally
or by certified mail, with postage prepaid, addressed to such members or
officers at their units.
I. Headings. The heading to each Section and each Paragraph
hereof is inserted only as a matter of convenience for reference and in
no way defines, limits or describes the scope or intent of this Amended
Declaration nor in any way affects this A-mended Declaration.
J. Interpretation. The provisions of this Amended Declaration
shall be liberally construed to effectuate its purpose of creating a
uniform plan for the establishment and operation of a first class
condominium development.
K. Enforcement. In addition to any other remedies provided in the
Amended Declaration, the Association, and each unit owner, shall have
the right to enforce, by any proceeding at law or in equity, all
restrictions, conditions, covenants, easements, reservations, liens and
charges set forth herein or in the Amended Bylaws or now or hereafter
imposed by or through the Association's rules and regulations. Failure
by the Association or by any unit owner to proceed with such enforcement
shall in no event be deemed a waiver of the right to enforce at a later
date the original violation or a subsequent violation, nor shall the
doctrine of laches nor any statute of limitations bar the enforcement of
any such restriction, condition, covenants reservation, easement, lien
or charge. Further, the Association and each unit owner shall have
rights of-action against each other for failure to comply with the
provisions of this Amended Declaration, the Amended Bylaws, rules and
applicable law, and with respect to decisions made pursuant to authority
granted thereunder, and the Association shall have the right to assess
reasonable charges against a unit owner who fails to comply with the
same, including the right to assess charges for the costs of enforcement
and arbitration. Notwithstanding the foregoing, in the event of any
dispute between the Association and any unit owner or occupant, other
than with regard to assessments, that cannot be settled by an agreement
between them, the matter shall
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first be submitted to arbitration in accordance with and pursuant to the
arbitration law of Ohio then in effect, by a single independent
arbitrator selected by the Board.
IN WITNESS WHEREOF, the undersigned president and secretary of
Pickawillany Condominium Unit Owners Association have executed this
certificate and affirm its adoption aforesaid, on or as of this 8th day
of February, 1989.
Signed and acknowledged by
both in the presence of:
(Original signed by Richard L. Lombard)
(Original signed by George D. Webb)
George D. Webb, President
___________________________________ (Original signed by Richard K.
Loesch)
Richard K. Loesch, Secretary
STATE OF OHIO
COUNTY OF FRANKLIN, SS:
The foregoing instrument was executed before me this 8th day of
February, 1989, by George D. Webb, the president, and by Richard K.
Loesch, the secretary, of Pickawillany Condominium Unit Owners
Association, as such officers and on its behalf, who certified the
adoption of the foregoing Amended Declaration and the attached Amended
Bylaws as stated therein.
(Original signed by Carolyn L. Webb)
Notary Public
Franklin County
State of Ohio
My commission expires 2-29-93
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(continued on part 3)
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