Birch Creek Run

Key facts from Birch Creek Run's documents

Reflects the 2017 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Condominium

Legal name

Birch Creek Run Condominium

Developer / declarant

SEVERYN DEVELOPMENT, INC.

Governing law

Article 9-B of the Real Property Law of the State of New York (Art. 1, Sec. 1.01)

Assessments & dues

Common Charges are fixed and established by the Board of Managers; first assessments commence on the day the first Unit is conveyed or as determined by Sponsor; amounts not specified in document. (Art. IX, Sec. 9.01, 9.04)

Special assessments

Common Charges include special assessments levied by the Board of Managers. (Art. IV, definition of 'Common Charges';)

Collections & liens

Unpaid Common Charges constitute a lien on the Unit prior to all other liens except tax liens and first mortgage liens. Board of Managers obligated to enforce lien. Upon sale, unpaid charges paid out of proceeds or by grantee. Grantee joint (Art. IX, Sec. 9.01, 9.03)

Reserves & fees

Board of Managers may establish reserves for repair or replacement of Common Elements; Sponsor consent required for reserves in excess of proportion of initial budget while Sponsor control period is in effect. (Art. IV, definition of 'Common Expenses')

Pets

Yes (Art. XI, Sec. 11.07)

Parking & vehicles

Overnight parking strictly prohibited. Street parking allowed on schedule: Monday-Thursday 6:00am-8:00pm (West side only), Friday-Sunday 6:00am-8:00pm (East side only). No parking on lawns, ditches, open space areas. Overnight parking of an (Art. XI, Sec. 11.09 - Village of Alden C)

Fences

Rear yard fences: only wooden fence not to exceed 6 feet in height, if agreed upon with adjacent neighbor. Front yard fences: strictly not allowed. West side fence: vinyl fence maintained. Chain link fences prohibited at any time. (Art. XI, Sec. 11.08; Village of Alden st)

Architectural approval

Yes. No Unit Owner may make any structural or decorative addition, alteration or improvement to the exterior of the Unit or Lot without prior written approval of Sponsor (so long as Sponsor owns at least one Unit) and Board of Managers. No (Art. XI, Sec. 11.08; Village standards r)

Setbacks / home size

Total height for each of the 1368 SF (21) homes is 19'-3" from finished grade. (Engineer's Report, Section G)

Maintenance

Owner responsible for: Unit (exterior brick, siding, roof, foundation, windows, doors, garage doors, interior walls), all maintenance and repairs to Unit and improvements, both interior and exterior, including gutters, foundations, walls, w (Art. V, Sec. 5.02; Art. VI, Sec. 6.01, 6)

Use restrictions

Each Unit shall be used for residential purposes only. (Art. V, Sec. 5.04)

Voting & meetings

Each Unit Owner votes in proportion to their percentage interest in the Common Elements as set forth on Schedule C (Art. VIII, Sec. 8.01)

Amendments

Declaration may be modified by 75% or more in number and in common interest of all Unit Owners approving, provided: (a) notice mailed to Unit Owners and first mortgagees 30-50 days in advance; (b) Board does not receive written opposition f (Art. XII, Sec. 12.01)

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.