STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BOOK PAGE 1717 0307 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LEEWARD VILLAGE TOWNHOUSES 26 of THIS DECLARATION, made this the day October 1993 by Landmark Homes, Inc., a North Carolina Corporation, hereinafter referred to as "Declarant" WITNESS ETH: WHEREAS, Declarant is the Owner of certain property in Harnett Township, New Hanover County, North Carolina, which is more particularly described as follows: 000092 to Being all of Section One, Leeward Village Townhouses, as the same is shown on a map thereof recorded in Book 33 Page 214, in the Office of the Register of Deeds of New Hanover County, North Carolina, to which map reference is hereby made for a more particular description.
NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any right, title, or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof.
ARTICLE I Definitions Section 1.
Association and HOA shall be used interchangeably to mean and refer to Leeward Village Homeowners Association, Inc., a private non-profit corporation formed or to be formed by the developer primarily as a Homeowners Association for the lot owners in Leeward Village Townhouses, all of whom shall be members of the Association.
Section 2. Owner shall mean and refer to the record Owner, whether one or more persons or entitles, of a fee simple
ners in Leeward Village Townhouses, all of whom shall be members of the Association.
Section 2. Owner shall mean and refer to the record Owner, whether one or more persons or entitles, of a fee simple title to any lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 3. Properties shall demand and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
305070 RETURNED TO MTK6+D BOOK PAGE 0308 1717 Section 4. Common Area shall mean all real property owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot is described as follows: Being all of that area shown and designated as Common Area on the map of Section 1, Leeward Village Townhouses, recorded in Map Book 33 Page 214, of the New Hanover County Registry.
Section 5. Lot shall mean and refer to any of the lots numbered 1 through 24, inclusive, as shown in the plat of Section 1, Leeward Village Townhouses, recorded as aforesaid, in the New Hanover County Registry together with the structure or dwelling thereon which structure may be separately referred to as a "Townhouse", or "Townhouse Unit”, or "Unit".
Section 6. Declarant shall mean and refer to Landmark Homes, Inc., a North Carolina corporation, it successors and assigns, if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development.
The address of the corporation is 5022 Wrightsville Wilmington, North Carolina 28403.
Avenue,
or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development.
The address of the corporation is 5022 Wrightsville Wilmington, North Carolina 28403.
Avenue, Section 7. Declaration shall mean this instrument as it may be from time to time amended or supplemented.
Section 8. Eligible Mortgage Holder or Eligible Holders is defined as a holder of a first mortgage or lien on a unit who has requested notice of certain matters from the Association.
Section 9. Limited Common Areas and Facilities shall mean and include those common areas and facilities which are reserved for the use of a certain unit or units to the exclusion of other units, as more specifically defined herein.
Section 10. Mortgagee shall mean a beneficiary under a mortgage or Deed of Trust.
ARTICLE II Property Rights Section 1. Owners' Easements Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: RECORDED MARY REGISTER OF D .Et a. The right to the Association to limit the number of guests of members; NEW HANOVER CO. NO.
'93 NOV 8 PM 2 12 2 b.
C.
d.
Section 2.
BOOK PAGE 1717 0309 The right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against this Lot remains unpaid; and for a period not to succeed sixty (60) days for any infraction of its published rules and regulations; The right of the Association to dedicate or transfer all or part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such
ociation to dedicate or transfer all or part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of members as defined hereinafter agreeing to such dedication or transfer has been recorded; The right of the Association to impose regulations for the use and enjoyment of the Common Area and improvements thereon, which regulations may further restrict the use of the Common Area and the right of the Association to establish penalties for any infractions thereof.
Delegation of Use. Owner may delegate, in accordance with the By-Laws, his right or enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.
ARTICLE III Declarant's Rights the right Section 1. The Declarant hereby reserves pursuant to the provision of Article XII hereinafter set forth to annex and subject to these restrictions the real property described in Exhibit A attached hereto and incorporated herein by reference, in order to extend the scheme of this Declaration to other property to be developed and thereby bring such additional properties within the jurisdiction of the Association. Each additional parcel or tract of land, with the improvements thereon, or to be placed thereon, which is subjected to this Declaration shall be designated consecutively as "Section 2", "Section 3", and such other similar designations for any additional phases added.
Section 2. The rights reserved by Declarant in Section 1 and all annexed Sections include the right to change, alter or
Section 3", and such other similar designations for any additional phases added.
Section 2. The rights reserved by Declarant in Section 1 and all annexed Sections include the right to change, alter or designate roads, utility and drainage facilities and easements, and to change, alter or redesignate such other present and proposed 3 " BOOK PAGE 1717 0310 amenities or facilities as may in the sole judgment of the Declarant, be necessary or desirable, except that the Declarant shall have no right to change, alter or redesignate the character of the use of the lots within the development.
ARTICLE IV Easements Section 1. Easements are reserved as necessary in the Common Areas for installation and maintenance of underground utilities and drainage facilities.
Section 2. The Association, acting through its officers, agents, servants, and/or employees shall have the right of unobstructed access at all reasonable times to all properties as may be reasonably necessary to perform the exterior maintenance called for in Article X of this Declaration.
Section 3.
Easements are reserved over those portions of the Common Areas, Limited Common Areas and facilities that may be necessary or required to accommodate overchanging eaves or other cantilevered construction which may encroach upon the Common Areas or Limited Common Areas or the air and light space above such Common Areas.
Section 4. Each lot and all common areas and facilities and limited common areas and facilities are hereby subjected to an easement for the installation, repair, maintenance, expansion, reduction, inspection, removal, relocation ΟΙ other service including meter reading of or to all gas, electricity, television, telephone, water, plumbing, sewer, utility, drainage, or other
expansion, reduction, inspection, removal, relocation ΟΙ other service including meter reading of or to all gas, electricity, television, telephone, water, plumbing, sewer, utility, drainage, or other common areas and facilities, whether or not the cause of any or all of those activities originates on the unit in which the work must be performed.
> an Section 5. Each lot, and the property included in the Common Area, shall be subject to easement for encroachments created by construction, settling and overhangs for all buildings constructed by Declarant. A valid easement for said encroachments and for the maintenance of same, so long as such encroachments stand, shall and does exist.
Section 6. Ingress and egress is reserved for pedestrian traffic over, through and across sidewalks, paths, walks, and lanes as the same from time to time may exit upon the common areas and facilities; and, for vehicular traffic over, through and across all streets as from time to time may be paved and intended for such purposes, for all lot Owners in Leeward Village Townhouses, their guests, families, invitees and lessees, the Association, the Declarant, its successors and assigns. Declarant hereby reserves alienable easements over all streets and common areas as necessary 4 a BOOK 1717 PAGE 0311 to provide access for future development by Declarant or its successors and assigns of any properties adjoining the Project.
Section 7. An easement is hereby granted to all police, fire protection, ambulance and all similar persons, companies or agencies performing emergency services to enter upon the lots and common area in the performance of their duties.
Section 8. In case of any emergency originating in or threatening any unit or lot or the common areas and facilities,
ervices to enter upon the lots and common area in the performance of their duties.
Section 8. In case of any emergency originating in or threatening any unit or lot or the common areas and facilities, regardless whether the unit or lot Owner is present at the time of such emergency, the Board of Directors or any other person authorized by it, shall have the right to enter any unit for the purpose of remedying or abating the causes of such emergency and making any other necessary repairs not performed by the unit Owner, and such right of entry shall be immediate.
Section 9. All easements and rights described herein are easements appurtenant, running with the land, and shall inure to the benefit of and be binding on all undersigned, its successor and assigns, and any Owner, purchaser, mortgagee and other person having an interest in said land, or any part of portion thereof, regardless of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the benefit of and be binding on the undersigned, its successors and assigns, and any Owner, purchaser, mortgagee and other person having an interest in said land, or any part of portion thereof, regardless of whether or not reference to said easement is made in the respective deeds of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the easements and rights described in this Declaration.
Section 10. Parking Rights. Ownership of each lot shall entitle the Owner or Owners thereof to the use of not more than 2 vehicle parking spaces, which shall be as near and convenient to said lot as reasonably possible, together with the right of ingress and egress in and upon said parking area.
ARTICLE V Membership and Voting Rights Section 1. Every Owner of a Lot which is subject to
said lot as reasonably possible, together with the right of ingress and egress in and upon said parking area.
ARTICLE V Membership and Voting Rights Section 1. Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from the ownership of any Lot which is subject to assessment.
Section 2. The Association shall have two classes of voting memberships.
a.
Class "A".
Class A members shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each Lot 5 b.
BOOK PAGE 0312 1717 owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any lot.
Class "B". Class B member(s) shall be the Declarant and shall be entitled to three (3) votes for each lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (1) When the total outstanding in Class A membership equals to the total votes outstanding in the Class B membership, or (2) On December 31, 1996.
ARTICLE VI Covenants for Assessments Section 1. Creation of the Lien and Personal Obligation of Assessment. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: a.
b.
Annual assessments or charges, and Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided; and
nd agree to pay to the Association: a.
b.
Annual assessments or charges, and Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided; and The annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties and for the Improvements and maintenance of the Common 6 1717 0 31 3 Area, and of the townhouses situated upon the Properties and to pay the taxes and other municipal charges or fees of the common area.
Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be One Thousand One Hundred Dollars ($1,100.00) per Lot.
a.
b.
C.
From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than five percent (58) above the maximum assessment for the previous year without vote of the membership.
a From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual
he maximum assessment for the previous year without vote of the membership.
a From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above five percent (58) by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose.
Section 4.
In addition to the The Board of Directors may fix the annual assessment at an amount not in excess of the maximum provided that the Board of Directors may increase the amount of the annual assessment to a maximum of One Thousand Two Hundred Dollars ($1,200.00) per Lot the of notwithstanding provisions subparagraphs a and b above, and thereafter the limitations set forth in said subparagraph shall apply to any annual increase.
Special Assessments for Capital Improvements.
annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to the year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including maintenance of sewer lines and other elements of the sewer system as required by government permits or as needed, fixtures, and personal property related thereto provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.
Section 5.
Insurance. It shall be the duty of the Association to maintain in effect the casualty and liability insurance as follows: 7 a.
b.
BOOK PAGE 0314 projects similar 1717 Amount and Scope of Insurance. All insurance
It shall be the duty of the Association to maintain in effect the casualty and liability insurance as follows: 7 a.
b.
BOOK PAGE 0314 projects similar 1717 Amount and Scope of Insurance. All insurance policies upon the Properties (except personal property within a unit), shall be secured by the Board of Directors, or its designee on behalf of the Association with full authority which shall obtain such insurance against (1) loss or damages by fire or other hazards normally insured against, and (2) such other risks, including public liability insurance, as from time to time shall be customarily required by private institutional Mortgage Investors for in construction, location and use as the Properties and the improvements thereon all under such terms and conditions as the responsible authority shall be for at lease $1,000,000.00 for bodily injury, including deaths of persons and property damage arising out of a single occurrence. Coverage under this policy shall include, without limitation, legal liability of the insureds for property damage, bodily injuries, and deaths of persons in connection with the operation, ΟΙ maintenance or use of the common areas and legal liability arising out of lawsuits relating to employment contracts of the Association. The foregoing shall not preclude the Board from obtaining insurance coverage on all or a portion of the limited common areas and facilities. In obtaining such coverage the responsible authority shall consider the reasonable requirements of holders of first liens on individual Lots: Insurance Provisions. The Board of Directors shall make diligent efforts to insure that said insurance policies provide for the following: (1) A waiver of subrogation by the insurer as to any claims against the Association,
he Board of Directors shall make diligent efforts to insure that said insurance policies provide for the following: (1) A waiver of subrogation by the insurer as to any claims against the Association, any officer, director, agent or employee of the Association, the Lot Owners and their employees, agents, tenants and invitees.
(2) A waiver by the insurer of its right to repair and reconstruct instead of paying cash.
8 C.
d.
BOOK PAGE 0315 1717 (3) Coverage may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least thirty days prior written notice to the named insured and all mortgagees.
(4) (5) (6) Coverage will not be prejudiced by act or neglect of the Lot Owners when said act or neglect is not within the control of the Association or by any failure of the Association to comply with any warranty or condition regarding any portion of the property over which the Association has no control.
The master policy on the property cannot be cancelled, invalidated or suspended on account of the conduct of any one or more individual Lot Owners.
The master policy, on the property cannot be cancelled, invalidated or suspended on account of the conduct of any officer or employee of the Board of Directors without prior demand in writing that the Board of Directors cure the defect and the allowance of a reasonable time thereafter within which defect may be cured by the Association, any Lot Owner or any mortgagee.
on the of Premiums. All insurance policy premiums the property for the benefit of Association purchased by the Board Directors or its designee and any deductibles payable by the Association upon loss shall be a common expense and the Association shall levy against the Owners equally as
ciation purchased by the Board Directors or its designee and any deductibles payable by the Association upon loss shall be a common expense and the Association shall levy against the Owners equally as additional annual assessment, (herein called "Insurance Assessment") which shall be in addition to the amounts provided for under Section 3 above, an amount sufficient to pay the annual cost of all such insurance premiums.
an Proceeds. All insurance policies purchased pursuant to these provisions shall provide that all proceeds thereof shall be payable to the Board as insurance trustee or to such attorney-at-law or institution with trust powers as may be approved by the Board of 9 BOOK PAGE 1717 0316 e.
f.
Directors.
Policies. All insurance policies purchased by the Board of Directors shall be with a company or companies permitted to do business in the State of North Carolina and holding a rating of "A" or better by the current issue of Best's Insurance Reports. All insurance policies shall be written for the benefit of the Board of Directors and the Lot Owners and their mortgagees as their respective interests may appear, and shall provide that all proceeds thereof shall be payable to the Board of Directors and duplicates of said policies and endorsements and all renewals thereof, or certificates thereof, together with proof of payment of premiums, shall be delivered to the Owners at least ten (10) days prior to the expiration date with respect to the then current policies. Duplicates shall also be obtained and issued by the Association to each mortgagee, if any, upon request of such mortgagee at any time.
Individual Policies. If the Association shall determine that it would be more economically feasible in lieu of the Association
on to each mortgagee, if any, upon request of such mortgagee at any time.
Individual Policies. If the Association shall determine that it would be more economically feasible in lieu of the Association maintaining a master policy for the entire project, for the unit Owners to purchase insurance policies covering each unit and unit Owner individually, then upon the assent of twothirds of members (which votes may be cast in person or by proxy) who are eligible to vote at a meeting duly called for such purpose, the insurance coverage for the entire project may be turned over to the members to purchase individual policies under such terms and conditions as the Association may prescribe.
If the responsibility for maintaining the insurance coverage on the project is turned over to the individual lot Owners under the provisions of this paragraph, then the Association shall be named additional Insured on each policy, each unit shall be insured for its full replacement value and the provision of this Section 5 and the following Section 6 shall be modified accordingly .
as ; 10 BOOK 17 17 PAGE 0317 Section 6. Distribution of Insurance Proceeds. Proceeds of insurance policies shall be distributed to or for the benefit of the beneficial Owners in the following manner: a.
b.
Expenses of Trust. All reasonable expenses of the insurance trustee shall be first paid or provision made therefor.
Reconstruction or Repair. The remaining proceeds shall be used to defray the cost of repair for the damage or reconstruction for which the proceeds are paid. Any proceeds remaining after defraying such cost shall be distributed to the beneficial Owners, including lienholders of record, or retained by the Association for such common expenses or purposes as the Board shall determine.
er defraying such cost shall be distributed to the beneficial Owners, including lienholders of record, or retained by the Association for such common expenses or purposes as the Board shall determine.
Section 7. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 and 4 shall be sent to all members not less than ten (10) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present at the first meeting, the required quorum at any subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Section 8. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis.
Section 9. Date of Commencement of Annual Assessments and Due Dates. The annual assessments provided for herein shall commence as to all Lots in this section on the day of the conveyance of the first Lot in this section except that annual assessments shall not commence for any lot until a certificate of occupancy has been issued for such Lot. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period.
Written notice of the annual assessment shall be sent to every
ors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period.
Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors and the Board of Directors shall have the authority to require the assessments to be paid in prorata monthly installments. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of 11 BOOK 1717 PAGE 03 18 the Association setting forth whether the assessments on a specified Lot have been paid. Q Section 10. Effect of Nonpayment of Assessments and Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
Section 11.
The Subordination of the Lien to Mortgages.
lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
Section 12. Working Capital Assessment. At the time
ch sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
Section 12. Working Capital Assessment. At the time title is conveyed to an Owner, each Owner shall contribute to the Association as working capital the amount of $375.00. Such funds shall be used solely for initial operating and capital expenses of the Association, such as pre-paid insurance, supplies, and the common areas and facilities, furnishings, and equipment, etc.
Amounts paid into the working capital fund are not to be considered as advance payment of regular assessments. All working capital funds shall become part of the general funds of the Association.
Section 13. Rights of Eligible Mortgage Holders. to the extent permitted by law, an eligible mortgage holder upon written request to the Association, identifying the name and address of the holder, will be entitled to timely written notice of: a.
b.
Any condemnation, loss or casualty loss which affects a material portion of the project or any lots on which there is a mortgage held by such eligible mortgage holder.
Any delinquency in payment of assessments or charges owned by an Owner of the lot subject to a first mortgage held, by such Eligible Holder, which remains uncured for a period of sixty days.
C.
Any lapse, modification cancellation, or material of any insurance policy or fidelity bond maintained by the Association.
12 1717 0 3 19 d.
e.
Any proposed action which would require the consent of a specified percentage of Eligible Mortgage Holders.
In addition to the foregoing rights, the Eligible Mortgage Holders shall be afforded the following rights subject to the extent permitted by law and as allowed by the North
Eligible Mortgage Holders.
In addition to the foregoing rights, the Eligible Mortgage Holders shall be afforded the following rights subject to the extent permitted by law and as allowed by the North Carolina General Statutes as they now exist or as may be amended from time to time.
(1) (2) Any election to terminate the legal status of the project after substantial distribution or a substantial taking in condemnation of the project property must require the approval of at least 51% of the votes of the unit estates subject to Eligible Mortgage Holders.
in the Unless otherwise provided Declaration or By-Laws, no reallocation of interest in the common areas resulting from a partial condemnation or partial destruction of the project may be affected without the prior approval of Eligible Holders holding mortgages on all remaining unit estates whether existing whole or in part, and which have at least 51% of the votes of such remaining unit estates subject to Eligible Holders of mortgages.
Section 14. Exempt Property. All properties dedicated to, and accepted by, a local public authority and all properties owned by a charitable or non-profit organization exempt from taxation by the laws of the State of North Carolina shall be exempt from the assessments created herein, except no land or improvements devoted to dwelling use shall be exempt from said assessments.
ARTICLE VII Fidelity Bonds Section 1. General. The Association shall maintain blanket fidelity bonds for all officers, directors, employees and all other persons handling or responsible for funds of the Association. If the Association shall delegate some or all the responsibility for the handling of its fund to a management agent, such fidelity bonds shall be maintained by such management agent
f the Association. If the Association shall delegate some or all the responsibility for the handling of its fund to a management agent, such fidelity bonds shall be maintained by such management agent for its offices, employees and agents handling or responsible for funds of or administered on behalf of the Association.
13 BOOK PAGE 0320 1717 Section 2. Amount of Coverage. The total amount of fidelity bond coverage required shall be based upon best business judgment and shall not be less than the estimated maximum of funds, including reserve funds, in the custody of the Association or the management agent, as the case may be, at any given time during the term of each bond. However, in no event may the aggregate amount of such bonds be less than a sum equal to three months aggregate assessments on all units plus reserve funds.
Section 3. Other Requirements. Fidelity bonds required herein must meet the following requirements: a.
b.
C.
d.
Section 4.
Fidelity bonds shall name the Association as an obligee.
The bonds shall contain waivers by the issuers of the bonds of all defenses upon the persons serving without of the definition of exclusion compensation from "employees", or similar terms or expressions.
The premiums on all bonds required herein for the Association (except for premiums on fidelity bonds maintained by a management agent for its officers, employees and agents) shall be paid by the Association as a common expense.
The bonds shall provide that they may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to the Association if a condominium project, to any insurance trustee and each Eligible Mortgage Holder.
Recommendation of Rental Agents. At the
um) without at least ten (10) days prior written notice to the Association if a condominium project, to any insurance trustee and each Eligible Mortgage Holder.
Recommendation of Rental Agents. At the annual meeting of the Association, or such other meeting of the Association as is designated by the Board, the Board may, upon notice to the Owners, recommend for the approval of the Association one or more agents for the rental of units during the forthcoming year. Prior to recommending agents for the approval of the Association, the Board shall have authority to require of any agent desiring to qualify as an approved agent to submit a copy of the proposed rental agreement to be used by such agent, together with such other information as the Board may reasonably require. The Board may require, as a condition of approval, that all rental agreements incorporate such standard procedures as may be required to minimize problems of security, maintenance, quality and operation of the common areas and facilities of the property.
Neither the Association nor the Board shall have, or attempt to impose as a condition of approval, any control over the commission 14 BOOK 1717 PAGE 0321 schedule, or fees charged by any approved rental agent, or the permissible period of rental, all of which shall be for the sole determination of the approved rental agent and any Owner selecting such agent.
Each Owner shall have the absolute right to enter into any direct rental, lease or sales arrangement with renters, lessees and purchasers which shall be consistent with the Declaration, ByLaws of the Association and such other regulations as may from time to time be promulgated by the Association and/or Board provided that said rental shall be at least 3 months in continuous term.
ByLaws of the Association and such other regulations as may from time to time be promulgated by the Association and/or Board provided that said rental shall be at least 3 months in continuous term.
Nothing herein shall be construed as creating or authorizing any rental pooling or as requiring the rental of a unit by an Owner or as restricting the Owner's use of his unit. If any court of law, governmental regulatory body having appropriate jurisdiction or approved legal counsel to the Association determines that any portion of this provision is unlawful or would require registration of the offering of any lot as security, then such portion of this provision shall be invalid until such requirement is eliminated.
ARTICLE VIII Architectural Control Section 1. No building, fence, wall or other structure shall be commenced, erected, or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, heights, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by Declarant, or by an architectural committee composed of three (3) or more representatives appointed by the Declarant.
In the event said Declarant, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. Declarant, subject to the provisions of section 2 herinafter, may assign these duties to the Board of Directors of the Association or to an architectural
ll be deemed to have been fully complied with. Declarant, subject to the provisions of section 2 herinafter, may assign these duties to the Board of Directors of the Association or to an architectural committee composed of three (3) or more representatives appointed by the Board.
Section 2. All duties and responsibilities conferred upon the Board or the Architectural Control Committee by this Declaration or the Bylaws of the Association may be exercised and performed by the Declarant or its Designee at its discretion, so long as Declarant shall own any lot in the properties or any additions annexed thereto by Supplemental Declaration or Amendment to this Declaration.
15