84 2007028793 FOR REGISTRATION REGISTER OF DEEDS REBECCA P.
SMITH INSTRUMENT # 2007028793 DECLARATION OF CONDOMINIUM HOWE CREEK LANDING A RETAIL-OFFICE CONDOMINIUM PREPARED BY AND MAIL TO: W. Talmage Jones 101 S. 3rd Street Wimington, NC 28401 INDEX TO DECLARATION OF CONDOMINIUM - OFFICE CONDOMINIUM ARTICLE I. Definitions 1.1 Act 1.2 Association 1.3 Board 1.4 Bylaws 1.5 Common Elements 1.6 Common Expenses 1.7 1.8 1.9 Condominium Declarant Declarant Control Period 1.10 First Mortgage and First Mortgagee 1.11 Limited Common Elements 1.12 Occupant(s) 1.13 Person 1.14 Plans 1.15 Property 1.16 Rules and Regulations 1.17 Special Declarant Rights 1.18 Units 1.19 Unit Boundaries 1.20 Unit Owner(s) ARTICLE II. Submission of Property to the Act 2.1 Submission 2.2 Name 2.3 2.4 2.5 2.6 2.7 2.8 2.9 ARTICLE III.
3.1 Division of Property into Separately Owned Units Alterations of Units Limited Common Elements Unit Allocations Encumbrances Condominium Ordinances Reservation of Special Declarant Rights Easements Encroachments 3.2 Easements Through Walls 3.3 Easements to Repair, Maintain, Restore and Reconstruct 3.4 Easements for Utilities 3.5 Declarant's Easement 3.6 Easements to Run With Land ARTICLE IV. Restrictions, Conditions and Covenants Compliance with Declaration, Bylaws and Rules and Regulations Administration of Condominium 4.1 4.2 4.3 Use Restricted: Use by Declarant.
4.4 Hazardous Use and Waste 4.5 Alterations of Common Elements 4.6 Lease of Units 4.7 Rules and Regulations 4.8 Restrictions, Conditions and Covenants to Run With Land 4.9 Access to Units ARTICLE V. Assessments 5.1 Assessment Liens 5.2 Personal Liability of Transferees; Statement; Liability of First Mortgage 5.3 No Exemption from Liability for Contribution Toward Common Expenses
Units ARTICLE V. Assessments 5.1 Assessment Liens 5.2 Personal Liability of Transferees; Statement; Liability of First Mortgage 5.3 No Exemption from Liability for Contribution Toward Common Expenses 5.4 Date of Commencement of Annual Assessments 5.5 Assessments ARTICLE VI. Management, Maintenance, Repairs Replacements, Alterations and Improvements 6.1 Common Elements 6.2 Common Expenses Associated with Limited Common Elements or Benefiting Less Than All Units 6.3 Units 6.4 Waiver of Claims 6.5 Right of Entry ARTICLE VII. Insurance 7.1 Casualty Insurance 7.2 Public Liability Insurance Insurance Unavailable 7.3 7.4 Other Insurance 7.5 Insurance Trustee 7.6 Individual Policy for Unit Owners ARTICLE VIII. Casualty Damage ARTICLE IX. Condemnation ARTICLE X. Termination ARTICLE XI. Amendment ARTICLE XII. Rights of First Mortgagees 12.1 Availability of Condominium Documents, Books, Records and Financial Statements 12.2 Rights of Action 12.3 Notice ARTICLE XIII. General Provisions 13.1 Conflict With the Act; Severability 13.2 Interpretation of Declaration 13.3 Captions 13.4 Exhibits 13.5 Invalidity 13.6 Waiver 13.7 Law Controlling DECLARATION OF CONDOMINIUM HOWE CREEK LANDING A RETAIL-OFFICE CONDOMINIUM THIS DECLARATION OF CONDOMINIUM - FOR HOWE CREEK LANDING A RETAIL-OFFICE CONDOMINIUM, made this 30th day of Man ,2007, by MAYFAIRE STATION, LLC, a North Carolina limited liability/company ("Declarant”), pursuant to the North Carolina Condominium Act, Chapter 47C, North Carolina General Statutes (“Act”).
WITNESSETH: WHEREAS, Declarant is the owner in fee simple of certain real estate situated in or near the City of Wilmington, County of New Hanover, and State of North Carolina, more particularly described on Exhibit A attached hereto and made a part hereof,
of certain real estate situated in or near the City of Wilmington, County of New Hanover, and State of North Carolina, more particularly described on Exhibit A attached hereto and made a part hereof, together with all buildings and improvements now or hereafter constructed or located thereon, and all rights, privileges, easements and appurtenances belonging to or in any way pertaining to said real estate; and WHEREAS, Declarant desires to submit all of said property to the Act.
NOW, THEREFORE, Declarant, as the owner of said property, hereby declares as follows: ARTICLE I.
Definitions Definitions. As used herein, the following words and terms shall have the following meanings: 1.1 Act The North Carolina Condominium Act, Chapter 47C, North Carolina General Statutes.
1.2 Association Howe Creek Landing Owners' Association, a nonprofit corporation organized under Section 47C-3-101, North Carolina General Statutes.
1.3 Board The Executive Board of the Association.
1.4 Bylaws The Bylaws of the Association which have been adopted by the Association.
1.5 Common Elements All portions of the Condominium except the Units. Limited Common Elements are Page-1Common Elements. The Access and Utility Easement recorded in Book 4285, page 824 of the New Hanover County Registry is a Common Element that is to be maintained and enjoyed by all of the Unit Owners, their guests, tenants, and invitees.
1.6 Common Expenses Expenditures made or liabilities incurred by or on behalf of the Association, together with any allocations to reserves.
1.7 Condominium The condominium created by this Declaration.
1.8 Declarant MAYFAIRE STATION, LLC, a North Carolina limited liability company, and (i) any other owner who has executed this Declaration except First Mortgagees and except
eated by this Declaration.
1.8 Declarant MAYFAIRE STATION, LLC, a North Carolina limited liability company, and (i) any other owner who has executed this Declaration except First Mortgagees and except persons whose interests in the Property will not be conveyed to Unit Owners and (ii) any person who succeeds to any Special Declarant Rights as defined in Section 47C-1103(23) of the Act.
1.9 Declarant Control Period The period commencing on the date hereof and continuing until the earlier of (i) the date two (2) years after Declarant has ceased to offer Units for sale in the ordinary course of business, or (ii) the date upon which Declarant surrenders control of the Condominium, or (iii) the date one hundred twenty (120) days after the Declarant has conveyed Units allotted seventy-five percent (75%) of the undivided interest in the Common Elements.
1.10 First Mortgage and First Mortgagee A First Mortgage is a mortgage or deed of trust which has been recorded so as to give constructive notice thereof, and which is a first lien on the Unit or Units described therein. A First Mortgagee is the holder, from time to time, of a First Mortgage as shown by the records of the Office of the Register of Deeds for New Hanover County, North Carolina, in which the First Mortgage is recorded, and including a purchaser at foreclosure sale upon foreclosure of a First Mortgage until expiration of the mortgagor's period of redemption. If there be more than one holder of a First Mortgage, they shall be considered as, and act as, one First Mortgage for all purposes under this Declaration and the Bylaws.
1.11 Limited Common Elements Those portions of the Common Elements allocated by this Declaration, and the Plans
, and act as, one First Mortgage for all purposes under this Declaration and the Bylaws.
1.11 Limited Common Elements Those portions of the Common Elements allocated by this Declaration, and the Plans and Survey, or by operation of Section 47C-2-102(2) or (4) of the Act for the exclusive use of at least one but fewer than all of the Units including, but not limited to, any parking spaces allocated to a particular unit or units. That portion of the property upon which any equipment serving a Unit or Units is located shall constitute a Limited Common Element allocated specifically to the Unit or units served by such equipment.
Page -21.12 Occupant(s) Any person or persons in possession of a Unit, including Unit Owners, lessees, guests and customers or clients of such person or persons, as well as business invitees of such lessees.
1.13 Person A natural person, corporation, partnership, trust or other legal or commercial entity, or any combination thereof.
1.14 Plans and Survey The plans of the Condominium, including a survey map depicting the Condominium (the "Survey") recorded in Unit Ownership File No. B417 Pages 55 through 59 in the Office of the Register of Deeds for New Hanover County, North Carolina, and by the Act made a part of this Declaration.
• 1.15 Property The real estate described on Exhibit A, together with the buildings and improvements now or hereafter constructed or located thereon, and all rights, privileges, easements and appurtenances belonging to or in any way pertaining to said real estate.
1.16 Rules and Regulations The rules and regulations of the Condominium promulgated by the Board or the Association from time to time.
1.17 Special Declarant Rights The rights as defined in Section 47C-1-103(23) of the Act for the benefit of a
gulations of the Condominium promulgated by the Board or the Association from time to time.
1.17 Special Declarant Rights The rights as defined in Section 47C-1-103(23) of the Act for the benefit of a Declarant, including but not limited to the following: to complete the improvements indicated on the Plans and Survey; to maintain sales offices, management offices, models and signs advertising the Condominium; to exercise any development right as defined in Section 47C-2-110 of the Act; to use easements through the Common Elements; to elect, appoint or remove members of the Board during the Declarant Control Period; and to withdraw any portion of the Property from the Condominium.
1.18 Units A portion of the Condominium, whether or not contained solely or partially within a building, together with its percentage of undivided interest in the Common Elements as set forth on Exhibit B. Each Unit is designated and delineated on the Plans.
1.19 Unit Boundaries The boundaries of each Unit, both as to vertical and horizontal planes, as shown on the Plans, are the undecorated surfaces of the perimeter walls, exterior doors and exterior windows facing the interior of the Unit, the undecorated surfaces of the ceiling facing the interior of the Unit, and the topmost surfaces of the subflooring, and excluding the decoration on all such interior and topmost surfaces, excluding, without limitation, all paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting Page -3any part of the decorated surfaces thereof, and also excluding all spaces, interior partitions and other fixtures and improvements within such boundaries. Excluded as a part of the Unit shall be those portions of any equipment, or systems serving the Unit
cluding all spaces, interior partitions and other fixtures and improvements within such boundaries. Excluded as a part of the Unit shall be those portions of any equipment, or systems serving the Unit which are located within the perimeter walls of the Unit and those portions of any equipment or systems located in the Common Elements.
1.20 Unit Owner(s) The person or persons, including the Declarant, owning a Unit in fee simple.
ARTICLE II.
Submission of Property to the Act 2.1 Submission Declarant hereby submits the Property to the Act.
2.2 Name The Property shall hereafter be known as HOWE CREEK LANDING A RETAILOFFICE CONDOMINIUM.
2.3 Division of Property into Separately Owned Units Declarant, pursuant to the Act, and to establish a plan of condominium ownership for the Condominium, does hereby divide the property into two buildings to be known as Building #1 and Building #2. Each building will have three floors each floor will initially contain one unit to be known as Unit #1 (the first floor), Unit #2 (the second floor) and Unit #3 (the third floor). Each Unit can be further subdivided into a maximum of forty units for a maximum of One Hundred Twenty units per building. The Declarant does hereby designate all such Units for separate ownership, subject however, to the provisions of Section 2.4 hereof.
2.4 Alterations of Units A Unit may be altered pursuant to the provisions of Section 47C-2-111 and 47C-2-112 of the Act. In addition, the original Units may be subdivided pursuant to Section 47C-2113 of the Act into not more than 40 Units. The maximum number of units contained within each Building shall be 120.
2.5 Limited Common Elements . The Limited Common Elements serving or designed to serve each Unit or Units are
re than 40 Units. The maximum number of units contained within each Building shall be 120.
2.5 Limited Common Elements . The Limited Common Elements serving or designed to serve each Unit or Units are hereby allocated solely and exclusively to each such Unit or Units as the case may be.
2.6 Unit Allocations The allocations to each Unit of a percentage of undivided interest in the Common Elements and of a percentage of the Common Expenses are as stated on Exhibit B. The allocation of undivided interest in the Common Elements and of the Common Expenses has been determined by a ratio formulated upon the relation that the square foot area of Page -4each Unit bears to the then aggregate square foot area of all Units in that particular building. The votes are not equally allocated to all Units but rather each Unit Owner shall be entitled to cast the number of votes that is equal to the number of the Unit's percentage interest (allocated interest) in the Condominium as stated on Exhibit "B" as the same may be amended from time to time. For example if the Allocated Interest of a Unit is 2.78% then the Unit shall be entitled to cast 2.78 votes. The total number of votes of the entire Membership shall be 100, which shall be allocated among Buildings # 1 and #2 on a fifty-fifty basis so that the Unit Owners in each Building will each have a cumulative total of 50 votes.
2.7 Encumbrances The liens, defects and encumbrances affecting the Property to which the rights of Unit Owners and Occupants are hereby made subject are set out on Exhibit C.
2.8 Condominium Ordinances The Condominium is not subject to any code, real estate use law, ordinance, charter provisions, or regulation (i) prohibiting the condominium form of ownership; or (ii)
t C.
2.8 Condominium Ordinances The Condominium is not subject to any code, real estate use law, ordinance, charter provisions, or regulation (i) prohibiting the condominium form of ownership; or (ii) imposing conditions or requirements upon a condominium which are not imposed upon physically similar developments under a different form of ownership. This statement is made pursuant to Section 47C-1-106 of the Act for the purpose of providing marketable title to the Units in the Condominium.
2.9 Reservation of Special Declarant Rights Declarant hereby reserves all Special Declarant Rights, as defined in Article 1.17, including the right to subdivide a Unit or convert a Unit previously created into additional Units, Common Elements or both pursuant to the provisions of Section 47C-2110 of the Act.
ARTICLE III.
Easements 3.1 Encroachments In the event that, by reason of the construction, reconstruction. rehabilitation, alteration or improvement of the buildings or improvements comprising a part of the Property, any part of the Common Elements now or hereafter encroaches upon any part of any Unit, or any part of a Unit encroaches upon any part of Common Elements an easement for the continued existence and maintenance of each such encroachment is hereby declared and granted and shall continue for so long as each such encroachment exists; provided that in no event shall an easement for such encroachment be created if such encroachment is detrimental to or interferes with the reasonable use and enjoyment of the Common Elements or Units so encroached upon.
3.2 Easements Through Walls Easements are hereby declared and granted to the Association and to such persons as Page -5are authorized by the Association, to install, lay, maintain, repair and replace any chutes,
Through Walls Easements are hereby declared and granted to the Association and to such persons as Page -5are authorized by the Association, to install, lay, maintain, repair and replace any chutes, flues, ducts, vents, pipes, wires, conduits and other utility installations, and structural components running through the walls of the Units, whether or not such walls be in whole or in part within the boundaries of any Unit.
3.3 Easements to Repair, Maintain, Restore and Reconstruct Wherever in, and whenever by, this Declaration, the Bylaws or the Act, a Unit Owner, the Association, the Board or any other person, is authorized to enter upon a Unit or the Common Elements to inspect, repair, maintain, restore or reconstruct all or any part of a Unit or the Common Elements, such easements as are necessary for such entry and such repair, maintenance, restoration or reconstruction are hereby declared and granted.
3.4 Easements for Utilities The Units and Common Elements shall be, and are hereby, made subject to easements in favor of the Declarant (until Declarant shall have satisfied all of its obligations under the Declaration and Bylaws and all commitments in favor of any Unit Owner and the Association), the Association, appropriate utility and service companies and governmental agencies or authorities for such utility and service lines and equipment as may be necessary or desirable to serve any portion of the Property. The easements provided for by this Section 3.4 shall include, without limitation, rights of Declarant, the Association, any company providing utility installation or maintenance, any service company, and any governmental agency or authority to install, lay, maintain, repair,
ation, rights of Declarant, the Association, any company providing utility installation or maintenance, any service company, and any governmental agency or authority to install, lay, maintain, repair, relocate and replace gas lines, pipes and conduits, water mains and pipes, sewer and drain lines, telephone wires and equipment, television and equipment facilities (cable or otherwise), electrical wires, conduits and equipment and ducts and vents and any other appropriate equipment and facilities over, under, through, along and on the Units and Common Elements. Notwithstanding the foregoing provisions of this Section 3.4, unless approved in writing by the Unit Owner or Unit Owners affected thereby, any such easement through a Unit shall be located either in substantially the same location as such facilities or similar facilities existed at the time of first conveyance of the Unit by the Declarant to a grantee other than the Declarant, or so as not to materially interfere with the use of occupancy of the Unit by its owners.
3.5 Declarant's Easement Declarant hereby reserves such easements through the Common Elements as may be reasonably necessary for the purposes of discharging its obligations, exercising Special Declarant Rights, and completing the development and construction of the Condominium, which easements shall exist as long as reasonably necessary for such purpose.
3.6 Easements to Run With Land All easements and rights described in this Article III are appurtenant easements running with the land, and except as otherwise expressly provided in this Article III shall be perpetually in full force and effect, and shall inure to the benefit of and be binding upon Declarant, its successors and assigns owning the Property, or any portion thereof, Page -6-
cle III shall be perpetually in full force and effect, and shall inure to the benefit of and be binding upon Declarant, its successors and assigns owning the Property, or any portion thereof, Page -6Declarant's mortgagees, the Association, Unit Owners, Occupants, First Mortgagees and any other person having any interest in the Condominium or any part thereof. The Condominium and every part thereof shall be conveyed and encumbered subject to and together with all easements and rights described in this Article III, whether or not specifically mentioned in any such conveyance or encumbrance.
4.1 ARTICLE IV.
Restrictions, Conditions and Covenants Compliance with Declaration, Bylaws and Rules and Regulations Each Unit Owner and Occupant shall comply with all applicable provisions of the Act, this Declaration, the Bylaws, the Articles of Incorporation of the Association, and the Rules and Regulations promulgated by the Board or the Association, as amended.
Failure to comply shall be grounds for an action by the Association, an aggrieved Unit Owner, or any person adversely affected, for recovery of damages, injunction, or other relief.
4.2 Administration of Condominium The Condominium shall be administered in accordance with the provisions of the Act, this Declaration and the Bylaws.
4.3 Use Restricted: Use by Declarant.
(a) Except as may be otherwise expressly provided in this Declaration, Unit 1 Building 1 and Unit 1 Building 2 may be used for retail and general office purposes and Units 2 and 3, of Buildings I and 2 may be used only for general office purposes and for such other purposes as are incidental to the use of offices and are, in the opinion of the Board in its sole discretion, consistent with the maintenance of the general character of
ce purposes and for such other purposes as are incidental to the use of offices and are, in the opinion of the Board in its sole discretion, consistent with the maintenance of the general character of the Property as a first class retail-office condominium. No Unit may be used for residential purposes.
(b) Except as reserved by Declarant, no advertising signs, billboards, or unsightly objects or nuisances shall be erected, placed or permitted to remain on the Property subject to this Declaration without the prior written approval of the Board.
(c) The foregoing provisions of this Section or any other provision of this Declaration or the Bylaws notwithstanding, Declarant shall have an easement to maintain sales offices and models for sales of Units throughout the Condominium. Declarant shall have the right to relocate, from time to time, and to discontinue and reestablish, from time to time, within the Condominium, until all of the Units have been conveyed to a Unit Owner other than a Declarant, any one or more of such offices. Declarant also shall have the right to change the use or combination of uses of such offices, provided that such offices shall be used only for sales offices.
Page -7• • (d) Declarant shall also have an easement to maintain signs on the Common Elements advertising the Condominium until all of the Units have been conveyed to Unit Owners other than a Declarant. Declarant shall remove all such signs not later than thirty (30) days after all of the Units have been conveyed to Unit Owners other than Declarant and shall repair or pay for the repair of all damage done by removal of such signs.
4.4 Hazardous Use and Waste Nothing shall be done to or kept in any Unit or the Common Elements that will
Declarant and shall repair or pay for the repair of all damage done by removal of such signs.
4.4 Hazardous Use and Waste Nothing shall be done to or kept in any Unit or the Common Elements that will increase any rate of insurance maintained with respect to the Condominium without the prior written consent of the Board. No Unit Owner or Occupant shall permit anything to be done to or kept in his Unit or the Common Elements that will result in the cancellation of insurance maintained with respect to the Condominium, or that would be in violation of any law, or that will result in the commitment of waste (i.e., damage, abuse, or destruction) to or in his Unit or the Common Elements.
4.5 Alterations of Common Elements No Unit Owner or Occupant, except Declarant during the Declarant Control Period, shall alter, construct anything upon, or remove anything from, the Common Elements, or paint, decorate, landscape or adorn any portion of the Common Elements, without the prior written consent of the Board.
4.6 Lease of Units Any lease of a Unit or portion thereof shall be in writing and shall provide that the terms of the lease shall be subject in all respects to the Declaration, Bylaws and Rules and Regulations for the Condominium (the “Condominium Documents”) and that any failure by the lessee to comply with all the terms of such Condominium Documents shall constitute a default under the Lease.
4.7 Rules and Regulations In addition to the foregoing restrictions, conditions and covenants concerning the use of the Condominium, reasonable rules and regulations not in conflict therewith and supplementary thereto may be promulgated and amended from time to time by the Board or the Association, as more fully provided in the Bylaws.
4.8
le rules and regulations not in conflict therewith and supplementary thereto may be promulgated and amended from time to time by the Board or the Association, as more fully provided in the Bylaws.
4.8 Restrictions, Conditions and Covenants to Run With Land Each Unit Owner and Occupant shall be subject to all restrictions, conditions and covenants of this Declaration, and all such restrictions, conditions and covenants shall be deemed to be covenants running with the land, and shall bind every person having any interest in the Property, and shall inure to the benefit of every Unit Owner.
4.9 Access to Units The Association and its agents shall have access to each Unit from time to time during reasonable working hours, upon oral or written notice to the Unit Owner or Occupant of the Unit, as may be necessary for the maintenance, repair or replacement of any of the Common Elements. The Association and its agents shall also have access to each Unit at Page -8all times without notice, as may be necessary to make emergency repairs to prevent damage to Common Elements or to other Units.
ARTICLE V.
Assessments 5.1 Assessment Liens The Board has the power to levy assessments against the Units for Common Expenses.
Such assessments, together with a late payment charge of One Hundred Fifty and No/100 Dollars ($150.00) for any assessment which remains unpaid for more than thirty (30) days past the due date with interest at the rate of eighteen percent (18%) per annum, costs and reasonable attorney's fees shall be a lien on the Units against which they are assessed, upon the filing of a claim of lien by the Association in the office of the Clerk of Superior Court of New Hanover County. The lien may be foreclosed and the Unit sold,
against which they are assessed, upon the filing of a claim of lien by the Association in the office of the Clerk of Superior Court of New Hanover County. The lien may be foreclosed and the Unit sold, under the provisions of Article 2A of Chapter 45 of the General Statutes or a money judgment obtained against the persons liable therefor, in accordance with the provisions set forth in North Carolina General Statutes § 47C-3-116. The Association may not foreclose an association assessment lien under Article 2A of Chapter 45 of the General Statutes if the debt secured by the lien consist solely of fines imposed by the Association.
The Association, however, may enforce the lien of a debt consisting solely of fines by the Association by judicial foreclosure as provided by Article 29 A of Chapter 1 of the General Statutes.
5.2 (a) Personal Liability of Transferees; Statement; Liability of First Mortgage The personal obligation for assessments which are delinquent at the time of transfer of a Unit shall not pass to the transferee of said Unit unless said delinquent assessments are expressly assumed by said transferee.
(b) Any transferee referred to in (a) above shall be entitled to a current statement from the Board, regarding the status of assessments and such transferee's Unit shall not be subject to a lien for any unpaid assessments against such Unit in excess of the amount therein set forth.
(c) Where a First Mortgagee, or other person claiming through such First Mortgagee, pursuant to the remedies provided in a mortgage or deed of trust, or by foreclosure or by deed, or assignment, in lieu of foreclosure, obtains title to a Unit, the liability of such First Mortgagee or such other person for assessments shall be only for
eed of trust, or by foreclosure or by deed, or assignment, in lieu of foreclosure, obtains title to a Unit, the liability of such First Mortgagee or such other person for assessments shall be only for the assessments, or installments thereof, that would become delinquent, if not paid, after acquisition of title. For purposes hereof, title to a Unit shall be deemed acquired by foreclosure upon expiration of the applicable period of redemption.
(d) Without releasing the transferor from any liability therefore, any unpaid portion of assessments which is not a lien under (a) above, or, resulting, as provided in Page -9(c) above, from the exercise of remedies in a mortgage or deed of trust, or by, foreclosure thereof or by deed, or assignment, in lieu of such foreclosure, shall be a Common Expense collectible from all Unit Owners, including the transferee under (b) above and the First Mortgagee of such other person under (c) above who acquires ownership by foreclosure or by deed, or assignment, in lieu of foreclosure.
5.3 No Exemption from Liability for Contribution Toward Common Expenses No Unit Owner may exempt himself from liability for his share of the Common Expenses assessed by the Association by waiver of the use or enjoyment of any of the Common Elements or by abandonment of his Unit or otherwise.
5.4 Date of Commencement of Annual Assessments The annual assessments provided for herein shall commence as to all Units in a Building on the first day of the month following the conveyance of the first Unit in that building by the Declarant. The first annual assessment shall be adjusted according to the number of months then remaining in that fiscal year. In addition, each Unit Owner may
f the first Unit in that building by the Declarant. The first annual assessment shall be adjusted according to the number of months then remaining in that fiscal year. In addition, each Unit Owner may be assessed a one-time Working Capital assessment equal to two quarterly assessments.
5.5 Assessments Except for those exceptions set forth in Section 47C-3-115 of the Act all Common Expenses must be assessed against all of the Units in accordance with each unit's allocations governing common elements, common expenses and votes as set forth in Exhibit "B" attached. Assessments shall be due and payable in advance annually, however the Executive Board in its discretion may opt to bill the annual assessment on a quarterly or monthly basis. Pursuant to the provisions of Section 47C-1-115 of the Act, Declarant shall pay all accrued expenses of the Condominium until assessments are levied against the Units. An assessment shall be deemed levied against a Unit upon the giving of notice by the Board to a member of the Association who is a Unit Owner of that unit. Unit Owners shall have no obligation to pay annual assessments until an assessment is levied.
6.1 ARTICLE VI.
Management, Maintenance, Repairs Replacements, Alterations and Improvements Common Elements (a) By the Association. The management, replacement, maintenance, repair, alteration, and improvement of the Common Elements shall be the responsibility of the Association, and subject to the provisions of Section 6.2 hereof, the cost thereof shall be a Common Expense to the extent not paid by Unit Owners pursuant to Section 6.1 (b) hereof. In addition, the Association shall be responsible for providing and paying for electrical power, water and sewer for all Units. However, in cases where a unit's
ers pursuant to Section 6.1 (b) hereof. In addition, the Association shall be responsible for providing and paying for electrical power, water and sewer for all Units. However, in cases where a unit's consumption of water or power is deemed by the Association to be extraordinary, the unit Page -10may be separately metered and charged for water and or power. All damage caused to a Unit by any work on or to the Common Elements done by or for the Association shall be repaired by the Association, and the cost thereof shall be a Common Expense.
(b) By Unit Owners. Each Unit Owner shall pay all costs to repair and replace all portions of the Common Elements that may become damaged or destroyed by reason of his negligent or intentional acts or the negligent or intentional acts of any Occupant of his Unit. Such payment shall be made upon demand made by the Association.
6.2 Common Expenses Associated with Limited Common Elements or Benefiting Less Than All Units (a) Any Common Expenses associated with the maintenance, repair, or replacement of a Limited Common Element shall be assessed against the Unit, or in equal shares to the Units, to which such Limited Common Element was allocated at the time the expense was incurred.
(b) In addition, the Association may assess any Common Expense benefitting less than all of the Units against the Units benefitted in proportion to their Common Expense liability. For example, if the roof on Building #1 has to be repaired or replaced, the common expense associated with that repair or replacement will be assessed prorata against the Units contained within Building #1. Likewise, if a portion of the Parking spaces allocated as Limited Common Elements for the limited use of units located within
t will be assessed prorata against the Units contained within Building #1. Likewise, if a portion of the Parking spaces allocated as Limited Common Elements for the limited use of units located within Building #2 has to be repaired and restored, the common expense associated with that repair and/or maintenance will be assessed against the units contained within Building #2.
6.3 Units Each Unit Owner shall maintain his Unit, and any Limited Common Elements appurtenant thereto, at all times in a good and clean condition, and repair and replace, at his expense, all portions of his Unit that need replacing; The Unit owner shall perform his responsibilities in such manner as not to unreasonably disturb other Occupants; shall promptly report to the Board, or its agents, any defect or need for repairs the responsibility for which is that of the Association; and, to the extent that such expense is not covered by the proceeds of insurance carried by the Association, shall pay all costs to repair and replace any portion of another Unit that has become damaged or destroyed by reason of his own acts or omissions, or the acts or omissions of any Occupant of his Unit.
Such payment shall be made upon demand by the Unit Owner of such other Unit.
Nothing herein contained shall modify any waiver by insurance companies of rights of subrogation.
6.4 Waiver of Claims Except only as provided in Section 6.5(a) and (b), the Association agrees that it shall make no claim against a Unit Owner or Occupant, and each Unit Owner and Occupant Page-11agrees that he shall make no claim against the Association, the members of the Board, officers of the Association, or employees or agents thereof, or against any manager
it Owner and Occupant Page-11agrees that he shall make no claim against the Association, the members of the Board, officers of the Association, or employees or agents thereof, or against any manager retained by the Board, or his or its officers, directors, employees or agents, or other Unit Owners or Occupants, for any loss or damage to any of the Property, or to a Unit or personal property therein, even if caused by the omission or neglect of any one or more of such persons and all such claims are hereby waived and released; provided, that this waiver shall not apply to any such loss or damage due to intentional acts.
6.5 Right of Entry (a) By the Association. The Association, and any person authorized by the Association, may enter any Unit or any of the Limited Common Elements in case of any emergency or dangerous conditions or situation originating in or threatening that Unit or any of the Limited Common Elements or other Units. The Association, and any person authorized by the Association, after reasonable notice to a Unit Owner or Occupant, may enter that Unit or any of the Limited Common Elements for the purposes of performing any of the Association's powers under the Act, this Declaration or the Bylaws with respect to that or any other Unit, any Limited Common Elements, or the Common Elements. Notwithstanding Section 6.4, the Association shall be responsible for the repair of any damage caused by the Association or its authorized person to the entered Unit, and the cost thereof shall be a Common Expense. All such entries shall be made and done so as to cause as little inconvenience as possible to the Unit Owner and Occupant of the entered Unit or any portion of the Limited Common Elements allocated to the Unit Owner.
shall be made and done so as to cause as little inconvenience as possible to the Unit Owner and Occupant of the entered Unit or any portion of the Limited Common Elements allocated to the Unit Owner.
(b) By Unit Owners. Each Unit Owner and Occupant shall allow other Unit Owners and Occupants, and their representatives, to enter his Unit, or Limited Common Elements allocated to his Unit, when reasonably necessary for the purpose of altering.
maintaining, repairing or replacing the Unit, or performing the duties and obligations under the Act, this Declaration or the Bylaws, of the Unit Owner or Occupant making such entry, provided that requests for entry are made in advance and that such entry is at a time convenient to the Unit Owner or Occupant whose Unit or Limited Common Element is to be entered. In case of an emergency or dangerous condition or situation, such right of entry shall be immediate. Notwithstanding Section 6.4, the person making such entry shall be responsible for repair of any damage caused by such person to the entered Unit or Limited Common Element.
ARTICLE VII.
7.1 Casualty Insurance Insurance . The Association shall maintain, to the extent available, casualty insurance upon the Property in the name of, and the proceeds thereof shall be payable to, the Association as trustee for all Unit Owners and First Mortgagees as their interest may appear, and be Page-12-