Declaration of Condominium Of Northridge Lakes -East Bay Owners' Association, Inc. Table of Contents

Transcription

1 1 Declaration of Condominium Of Northridge Lakes -East Bay Owners' Association, Inc. Table of Contents Section Page Amendments 9 Administration of Property 4 Annexation 6 Building Description -Original 3 Building Description -Supplement 10 Collection of Assessments For Common Expenses 4 Common Areas 2, 3 Conditions, Covenants & Restrictions 5 Division of Real Property & Boundaries 2 Insurance Coverage 5 Invalidity of Provisions 7 Ownership 3 Occupancy 11 Property Description -Original 2 Property Description -Supplement 8 Reconstructions & Repair 5 Responsibility of Maintenance -Association 4, 5 Responsibility of Maintenance -Owner 4, 5 Restrictions, Covenants & Conditions 5 Rights of Developer or Successors 6 Service of Process 7 Supplement 6 Undivided Interest -Formula 4, 6 Undivided Interest -Original 4 Undivided Interest -Supplement 9

2 2 DECLARATION OF CONDOMINIUM OF NORTHRIDGE LAKES EAST BAY OWNERS' ASSOCIATION, INC. THIS DECLARATION is made and entered into by NORTHRIDGE LAKES DEVELOPMENT CO., a partnership, hereinafter called "Developer" pursuant to the provisions of the Unit Ownership Act of the State of Wisconsin. WITNESSETH: WHEREAS Developer owns certain real property herein described; and WHEREAS, Developer intends to improve said property by constructing thereon 74 separate dwelling Units located in 16 multifamily buildings; NOW, THEREFORE, Developer, the fee owner of the following described real property, to-wit: That part of the S W ¼ of Section 3, T 8 N, R 21 E, in the City of Milwaukee, Milwaukee County, Wisconsin, bounded and described as follows: Commencing at the Northwest corner of said ¼ Section; thence North 89 15'10" East along the North line of said ¼ Section ft. to the point of beginning of the land to be described: running thence South 02 17'20" West 4 I.28 ft. to a point; thence South 15 00'55" East ft. to a point; thence South 22 21'16" East ft. to a point; thence South 14 42'02" West ft. to a point; thence South 21 28'01" West ft. to a point; thence South 68 32'00" East ft. to a point; thence due East ft. to a point; thence due South ft. to a point; thence due East ft. to a point; thence North 40 37'10" East ft. to a point; thence South 49 22'50" East ft. to a point; thence due East ft. to a point on the West line of North 70th Street; thence Northerly ft. along the west line of North 70th Street, said line being the arc of a curve whose center lies to the Northeast, whose radius is ft. and whose chord bears North 04 52'20" West ft. to a point; thence North 01 14'05" West ft. along the West line of North 70th Street to a point in the North line of said ¼ Section; thence South 89 15'10" West along the North line of said ¼ Section ft. to the point of beginning; By this Declaration submits said property together with all building and structures and improvements thereon or to be constructed thereon to the Condominium form of ownership under the Unit Ownership Act of the State of Wisconsin, said Condominium to be known as "Northridge Lakes -East Bay" and establishes and imposes the following divisions, covenants, restrictions, limitations, conditions and uses to which said real property and improvements thereon, or to be constructed thereon, may be put, and hereby specifies that the provisions of this Declaration shall constitute covenants to run with the land and shall be binding on Developer, its successors and assigns, and all subsequent owners of all or any part of said real property and improvements, together with their grantees, successors, heirs, executors, administrators, devisees or assigns. A. Developer, in order to establish a plan of condominium ownership for the above described property and improvements, divides said real property into the following separate freehold estates: 1. Seventy-four (74) separately designated and described freehold estates consisting of the space or area and portions of building contained within the boundaries of each of the seventy-four (74) Units located in sixteen (16) multifamily buildings on or to be constructed on said property, the boundaries of each such Unit being as follows: a. The vertical boundaries shall be: the interior undecorated surfaces of the perimeter walls of the Unit including the garage. b. The horizontal boundaries shall be: (i) lower boundary -the plane of the undersurface of the basement floor, and (ii) upper boundary -the plane of the undersurface of the roof. 2. A freehold estate in the "common areas and facilities" on the property; such term "common areas and facilities" including the land, the foundations, roofs, main walls, and all other supports of the multifamily buildings, the recreation and landscaped areas and facilities, the roads and outdoor parking areas, the swimming pool, the pipes, wires, conduits and utility lines installed for common use, and including such other items on the property not within a Unit as are designated as "common areas and facilities" in Section (6) of the Wisconsin Statutes. B. The ownership of each Unit shall include an undivided interest in the common areas and facilities. The percentage of such undivided interest appertaining to each Unit is specified and established in Paragraph E hereof.

3 3 C. A portion of the common areas and facilities is designated as "limited common areas and facilities". Such limited common areas and facilities consist of the balconies appurtenant to each of the Type EB-I and EB-III Units hereafter mentioned, and the entrances and the patio area appurtenant to every Unit. Such restricted common areas and facilities are reserved for the exclusive use of the Unit to which they arc appurtenant. D. The seventy-four (74) individual Units hereby established and which shall be individually conveyed are described as follows: Building No.13 Unit 2 (Type: EB-l) Building 14 Building No.15 Building No.17 Unit 1 (Type; EB-III) Unit 4 (Type: EB-I) Unit 5 (Type: EB-I) Unit 6 (Type: EB-I) Unit 7 (Type: EB-I) Unit 8 (Type: EB-III) Building No. 18 Unit 1 (Type: EB-VIA) Unit 2 (Type: EB-VIA) Unit 3 (Type: EB-VI) Unit 4 (Type: EB-VI) Unit 5 (Type: EB-VIA) Unit 6 (Type: EB VIA) Building No. 21 Unit 1 (Type: EB-VI) Unit 2 (Type: EB-VI) Unit 3 (Type: EBVIA) Unit 4 (Type: EBVIA) Building No. 22 Unit 1 (Type EB-VI) Unit 2 (Type EB-VI) Building No.23 Unit 2 (Type: ED-I) Unit 4 (Type: EB-I) Unit 5 (Type: EB-I) Unit 6 (Type: EB-III) Building No.26 Unit 1 (Type; EB-III) Building No.27 Building No. 28 Unit I (Type: EB-III) Building No.16 Unit 1 (Type: EB-VI) Unit 2 (Type: EB-VI) Unit 3 (Type: EB-VI) Unit 4 (Type: EB-VI) Unit 5 (Type: EB-VI) Unit 6 (Type: EB-VI) Building No. 19 Unit 1 (Type; EB.VI) Unit 2 (Type: EB-VI) Unit 3 (Type: EB.VIA) Building No.20 Unit 1 (Type: EB- VIB) Unit 2 (Type: EB-VIA) Unit 3 (Type: EB- VIA) Unit 4 (Type: EB-VIA) Unit 5 (Type: EB- VIA) Unit 6 (Type: EB- VIB) Building No.24 Unit 1 (Type: EB-VIA) Unit 2 (Type: EB-VIA) Unit 3 (Type: EB-VIA) Unit 4 (Type: EB-VIA) Building No.25 Unit 1 (Type: EB-VI) Unit 2 (Type: EB-VI) Unit 3 (Type: EB-VI) Unit 4 (Type: EB-VI Building No. 29 Each of the 16 multifamily buildings is two (2) stories in height, has a basement, is principally of wood frame construction, and contains the number of Units as indicated above. Each Type EB-I Unit contains approximately 1,981 square feet and has a basement, one car garage, living room, dining area, kitchen, two bedrooms and one and one-half baths. Each Type EB-III Unit contains approximately 2,453 square feet and has a basement, two-car garage, living room, dining area, kitchen, three bedrooms and one and one-half baths. Each Type EB- VI Unit contains approximately 2,732 square feet and has a basement, two-car garage, living room, dining area, kitchen, four bedrooms and two and one-half baths. Each Type EB- VIA Unit contains approximately 2,584 square feet and has a basement, two-car garage, living room, dining area, kitchen, three bedrooms and two and one-half baths. Each Type EB- VIB Unit contains approximately 2,466 square feet and has a basement, one car garage, living room, dining area, kitchen, three bedrooms and two and one-half baths. The location of each building and Unit and the immediate common area to which each Unit has access is shown on the Survey attached hereto.

4 4 E. The percentage of undivided interest in the common areas and facilities appertaining to each Unit and its owner is dependent upon the type of Unit and is as follows: Type EB-I % Type EB % Type EB- VI % Type EB- VIA % Type EB- VIB % The percentage of undivided interest in the common areas and facilities appertaining to each Unit established above has been determined as follows: Percentage of undivided interest = Unit Square Footage x 100 Total Square Footage of all Units The percentage of undivided interest shall be subject to adjustment by application of the foregoing formula in the event of annexation as hereinafter provided. The common profits and common expenses of the property shall be distributed and shared among the owners of the respective Units according to the percentage of their undivided interest in the common areas and facilities. F. The property shall be administered and operated by an association known as "Northridge Lakes -East Bay Owners" Association, hereafter called the "Association" and in accordance with the By-Laws of said Association. The affairs of the Association shall be managed by a Board of Directors consisting of such number of persons as provided for in the By-Laws. Each owner of a Unit shall be a member of the Association, and the Unit is entitled to one (1) vote for each unit owned. At such time as an owner's ownership interest in a Unit ceases for any reason, his membership in the Association shall automatically cease. The powers and duties of the Association shall include those set forth in this Declaration and those set forth in the By-Laws. G. Responsibility for maintenance of the property and restrictions upon the alteration and improvement thereof are as follows: 1. The owner of each Unit shall (a) maintain in good condition and repair and replace all of the components or installations within or appertaining to the Unit, including, but not limited to, all utility lines and installations, air conditioners, fixtures, appliances, equipment, interior walls, partitions, flooring, ceilings, doors and windows (b) paint and decorate the perimeter and other walls and surface areas within the Unit and ( c) keep and maintain in good condition and repair and replace the portion of the limited common areas and facilities, consisting of the patio area, appurtenant to his Unit. 2. The Association shall maintain in good condition and repair, replace and operate all other parts of the property, including, but not limited to, the foundations, roofs, exterior and other main walls and structural supports of the multifamily buildings, the utility lines, conduits, pipes, wires, and ducts utilized in common and all of the common areas and facilities exterior to such buildings except for the above mentioned portion of limited common areas and facilities appurtenant to a Unit which are the obligation of the owner of a Unit to maintain. 3. An owner of a Unit shall in no case paint or otherwise decorate or change the appearance of any portion of the property outside his Unit nor make a change within his Unit which will affect the structural soundness of the building and shall promptly report to the Association any need for repairs the responsibility for which is that of the Association. 4. Except as reserved by the Developer. the Association shall not make any alterations to the exterior of any of the multifamily buildings or make any other alterations to the exterior outside the area of any Unit without the affirmative vote or written consent of more than fifty percent (50%) of all the Unit owners. In no case shall any such alterations or additions prejudice the rights of any owner of a Unit unless his written consent has been obtained. H. The manner of making and collection of assessments against the Unit owners for common expenses shall be pursuant to the By-Laws of the Association and each Unit owner shall be liable for such percentage of the common expenses as set forth herein. The lien for unpaid assessments shall also secure reasonable attorney's fees incurred by the Association incident to the collection of such assessment or enforcement of such lien. In any foreclosure of a lien for assessments the owner of a Unit subject to a lien shall be required to pay a reasonable rental for the Unit, and the Association shall be entitled to the appointment of a receiver to collect the same.

5 I. Each Unit and every owner of a Unit shall be subject to the following restrictions, covenants and conditions: 5 1. The By-Laws of the Association may set forth any restrictions on the use or occupancy of the Unit. 2. The owner of the Unit shnl1 not be deemed to own any pipes, wires, conduits or public utility lines running through said Unit, which are utilized for or serve more than one Unit, except as a tenant in common with the other Unit owners. 3. If any portion of the common areas and facilities encroaches upon a Unit a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. If a multifamily building is partially or totally destroyed, and then rebuilt, the owners of Units in said building agree that minor encroachments of parts of the common areas and facilities due to construction shall be permitted and that valid easement for said encroachment and the maintenance thereof shall exist. J. Reconstruction or repair in the event of fire, casualty or disaster shall be in accordance with the following: 1. In the event of fire, casualty, or any other disaster affecting one or more of the Units and/or one or more of the multifamily buildings or other improvements (the damaged premises"), the insurance proceeds, if sufficient to reconstruct or repair the damaged premises, shall be applied to the reconstruction or repair. Reconstruction or repair as used herein shall mean restoring the damaged premises to substantially the same condition they were in prior to the fire, casualty or disaster. Such reconstruction or repair shall be accomplished by the Association. 2. If the insurance proceeds are insufficient to reconstruct or repair the damaged premises, but are equal to at least ninety percent (90%) of the cost of said reconstruction and repair, then the damaged premises shall be reconstructed or repaired by the Association with the insurance proceeds and all of the owners shall be assessed for the deficiency. The provisions of Paragraph H hereof shall apply to all sums assessed for any deficiency. 3. If the insurance proceeds are less than ninety percent (90%) of the cost to reconstruct or repair the damaged premises, then the determination as to whether or not to reconstruct or repair the damaged premises shall be made by a vote taken by the members of the Association within ninety (90) days from the date of the fire, casualty or disaster. An affirmative vote of at least seventy-five percent (75%) of the total number eligible to vote shall be required in order to reconstruct or repair the buildings and such decision shall also provide that all of the owners and all of the Units shall be assessed for the deficiency. The provisions of Paragraph H hereof shall apply to all sums assessed for any deficiency. If the required number of members do not vote in favor of reconstruction or repair within said ninety (90) day period, then the provisions of Section , Wisconsin Statutes 1969 shall apply. 4. Notwithstanding all the foregoing, in the event that seventy-five percent (75%) or more of the multifamily buildings and other improvements above foundation are destroyed, then the determination as to whether or not to reconstruct or repair shall be made by a vote taken of the members of the Association within ninety (90) days from the date of the fire, casualty or disaster. An affirmative vote of at least seventy-five percent (75%) of the total number of members eligible to vote shall be required in order to reconstruct or rcpair the same. If the rcquired number of members do not vote in favor of reconstruction or repair within said ninety (90) day period, then the provisions of Section , Wisconsin Statutes 1969 shall apply. K. The Board of Directors of the Association shall obtain and continue to effect insurance coverage on the buildings and other improvements upon the property in an amount equal to the maximum insurable replacement value, which amount shall be reviewed annually by the Board of Directors, affording protection against loss or damage by tire and such hazards covered by a standard extended coverage endorsement and such other risks or hazards as from time to time shall be customarily covered with respect to buildings similar in construction, location and use. Said insurance shall be for the benefit of the Association and the owners and their mortgagees as their interests may appear; provided, however, all proceeds payable by reason of said insurance shall be paid to the Association as trustee for the owners and their mortgagees for the express purpose of reconstruction and repair as provided in Paragraph J hereof, or, if it is determined in the manner as provided in Paragraph J hereof that the damaged premises for which the proceeds are paid shall not be reconstructed or repaired, the proceeds shall be applied as provided in Paragraph J hereof. The foregoing provisions of this paragraph are without prejudice to the right of any owner to obtain individual Unit insurance; provided, however, that no owner shall be entitled to exercise his right to maintain individual Unit insurance in such a way as to decrease the amount which the Association may realize as trustee under any insurance policy

6 6 obtained by reason of the provisions of this paragraph. In addition to the insurance coverage that the Board of Directors of the Association shall obtain as provided above, the Board of Directors shall obtain public liability insurance in such amounts and with such coverage as it may deem suitable under the circumstances and may obtain such other insurance as it shall determine from time to time to be desirable. All insurance premiums for any insurance coverage obtained by the Board of Directors shall be a common expense to be paid by assessments levied by the Association. L. Developer expressly reserves unto itself, its successors and assigns, the right to annex to the plan of condominium owner-ship, which is the subject of this Declaration, at any time and from time to time through June 30, 1977, all or any portion of the real property described as follows: That part of the SW ¼ of Section 3, T 8 N, R 21 E, in the city of Milwaukee, Milwaukee County, Wisconsin, which is bounded and described as follows: Commencing at the Northwest comer of said ¼ Section; thence North 89 15'10" East along the North line of said ¼ Section ft. to a point in the West line of North 70th Street: thence South 01 14'05" East along the West line of North 70th Street ft. to a point of curvature; thence Southerly ft. along the West line of North 70th Street, said line being the arc of a curve whose center lies to the East. whose radius is ft. and whose chord bears South 04 52'20" East ft. to the point of beginning of the land to be described; thence Southeasterly ft. along the arc of a curve whose center lies to the East, whose radius is ft. and whose chord bears South 28 18'24" East ft. to a point of tangency; thence South 48 06'11" East ft. to a point; thence South 40 37'10" West ft. to a point of curvature; thence Southwesterly ft. along the arc of a curve whose center lies to the Northwest, whose radius is ft. and whose chord bears South 64 59'40" West ft. to a point; thence South 89 22'10" West ft. to a point; thence North 11 51'15" West ft. to a point; thence North 24 08'52" West ft. to a point; thence North 35 51,15" West ft. to a point; thence North 50 34'05" West ft. to a point; thence North 54 52'11" West ft. to a point; thence North 43 30'26" West ft. to a point; thence North 15 44'54" West ft. to a point; thence North 16 17'31" East ft. to a point; thence North 21 28'0 1" East ft. to a point; thence South 68 32'00" East ft. to a point; thence due East ft. to a point; thence due South ft. to a point; thence due East ft. to a point; thence North 40 37'10" East ft. to a point; thence South 49 22'50" East ft. to a point; thence due East ft. to the point of beginning. M. There may be constructed on the property described in Paragraph L above, as so annexed, up to a maximum of seventy-five (75) additional Units in multifamily buildings of generally comparable quality and comparable design as located on the condominium property preceding the annexation. The Units on such annexed real estate and their owners and the common areas and facilities thereon shall be subject to the restrictions, covenants and conditions of this Declaration, the By-Laws of the Association, and the rules, regulations, decisions and resolutions as may from time to time be adopted by the Association in accordance with its By-Laws. In the event of annexation as aforesaid, the percentage of undivided interest in the common areas and facilities appertaining to each Unit shall be adjusted in accord with the total number of Units then subject to this Declaration. The formula for the determination of the percentage of undivided interest in the common areas and facilities is as follows: Percentage of undivided interest = Unit Square Footage x 100 Total Square Footage of all Units N. The right of annexation herein created and reserved unto Developer, its successors and assigns, shall be exercised by the recording of a Supplement or Supplements to this Declaration in the Office of the Register of Deeds for Milwaukee County, Wisconsin. Such a Supplement or Supplements to this Declaration shall not be deemed an amendment of this Declaration within the meaning of Paragraph P hereof following. Nothing contained in Paragraph L shall be construed so as to create any obligation on behalf of Developer, its successors and assigns, to in fact effectuate any annexation. By acceptance of a Deed of conveyance from. Developer of a Unit, the Grantee of such Unit and each successor in title to such Unit shall, in the event of an annexation as aforesaid, be deemed to consent and agree to the adjustment in the percentage of undivided interest in the common areas and facilities appertaining to such Unit as aforesaid; and Developer, its successors and assigns, shall have, in the event of such an annexation, the right, power and authority to execute and deliver, on behalf of the Grantee and each successor in title to such Unit, such instruments, if any, as may be required to effectuate such annexation and adjustment in the percentage of undivided interest in the common areas and facilities. O. Pending the completion and sale of all the Units on all the condominium property to which this Declaration is applicable, Developer or its successors: 1. Shall have the right to appoint the members of the Board of Directors of the Association and amend its By-Laws. 2. May, but shall not be obligated to, manage and operate the condominium property.

7 7 3. May use the common areas and facilities and any unsold units on such condominium property as may facilitate the completion and sale of all units contemplated thereon, including, but not limited to, in connection therewith, maintaining a sales office, showing property and maintaining signs. 4. Reserves unto itself the right to grant easements upon, over, through and across the common areas and facilities as may be required for furnishing any kind of utility services and may grant easements upon, over, through and across the common areas and facilities for ingress and egress to and from the condominium property and other real property adjacent to it. 5. Reserves unto itself the right, so long as Developer or its successors owns the building and/or Unit so altered or changed, to make minor alterations and changes to the design, location and exterior materials of a building and to alter and change the interior materials and the interior arrangement of a Unit, Developer or its successors may execute, deliver and record in the Office of the Register of Deeds for Milwaukee. Milwaukee County. Wisconsin such instruments, if any, as may be required to effectuate the provisions of sub-paragraphs 4 and 5 of this Paragraph O. P. This Declaration may be amended from time to time by the affirmative vote or written consent of at least seventy-five percent (75%) of the Unit owners, except that no amendment shall change the rights of Developer or it s successors as contained in this Declaration. Any amendment to this Declaration adopted from time to time shall be evidenced by an appropriate certification entitling the same to be recorded and shall not become effective until recorded in the Office of Register of Deeds for Milwaukee County, Wisconsin. Q. Service of process shall be made on William Orenstein, West Burleigh Street, Milwaukee, Wisconsin or upon such other person or persons and at such other location or locations as may from time to time be designated by the Board of Directors of the Association; provided, however, no change in the person and location for the service of process shall become effective until the recording of notice thereof in the Office of the Register of Deeds for Milwaukee County, Wisconsin. R. The invalidity of any provision contained in this Declaration by judgment or Court order or otherwise shall in no way affect any other provision herein contained. IN WITNESS WHEREOF, Northridge Lakes Development Co., a partnership, has executed this Declaration as of this day of NORTHRIDGE LAKES DEVELOPMENT CO. By: Managing Partner Signature of Managing Partner of Northridge Lakes Development Co., a partnership, authenticated this day of Member State Bar of Wisconsin Authorized under Sec This instrument was drafted by Nathan Shapiro

8 8 SUPPLEMENT TO DECLARATION OF CONDOMINIUM OF NORTHRIDGE LAKES-EASTBAY THIS SUPPLEMENT is made on the date hereinafter set forth pursuant to the provisions of the Declaration of Condominium of Northridge Lakes -East Bay (the "Declaration") and the Wisconsin Unit Ownership Act by Northridge Lakes Development Co., a partnership, hereinafter referred to as the "Developer", WITNESSETH: Developer has heretofore executed and recorded in the office of the Register of Deeds for Milwaukee County, Wisconsin, at Reel 654, Image 693, et seq., Document No , the Declaration, pursuant to the provisions of the Wisconsin Unit Ownership Act. The real estate submitted to the condominium form of ownership by such Declaration is now part of a subdivision and is now known as: Lot 12 in Northridge Lakes, being a Redivision of Certified Survey Map No.1145 and lands in the SW 1/4 and the NW 1/4 of Section 3, T8N, R21E, in the City of Milwaukee, Milwaukee County, Wisconsin. Paragraph L of the Declaration provides that additional land within the area described in such Paragraph L may be annexed by the Developer and submitted to the Declaration and the condominium form of ownership without the consent 0 the unit owners, at any time and from time to time through June 30, The real estate described in such Paragraph L is also a part of the subdivision referred to above and is now properly referred to as hereinafter set forth. It is now the intention of the Developer to annex such additional lands. Paragraph M of the Declaration provides, in part, that in the event of the annexation of such additional property to the condominium, the percentage of ownership of each unit owner in and to the common areas and facilities shall be redetermined to reflect the total number of units subject to the terms, provisions and restrictions of the Declaration, as Supplemented. Each of the deeds for units conveyed under the Declaration has evidenced the consent and agreement of the grantee of such deed to the alteration of the percentage of undivided interest of the common areas and facilities as provided for in the Declaration and in this Supplement. NOW, THEREFORE, Developer by this instrument hereby annexes the real estate described below to the Declaration, and thereby to the condominium, and submits such real estate to all of the provisions of such Declaration and this supplement: Lot 11 in Northridge Lakes, being a Redivision of Certified Survey Map No.1145 and lands in the SW 1/4 and the NW 1/4 of Section 3, T8N, R21E, in the City of Milwaukee, Milwaukee County, Wisconsin. SUPPLEMENT ARTICLE I Section 1. Developer has caused and/or will cause thirteen (13) multifamily buildings containing a total of sixty-six (66) individual units to be constructed on the real estate described above, so that there will be a total of twenty-nine (29) multifamily buildings containing one hundred forty (140) units as part of the entire Condominium. Each of the buildings to be constructed on the real estate described above is or will be two stories in height, will have a basement, and will contain that number and type of units as shown on Exhibit A attached hereto and made a part hereof. Each unit shall constitute a separately designated and described freehold estate, and each unit shall be occupied and used only for private dwelling purposes. Section 2. Each of the 13 multifamily buildings is two (2) stories in height, has a basement, is principally of wood frame construction, and contains the number of Units as indicated above. Each Type EB-I Unit contains approximately 1,981 square feet and has a basement, one car garage, living room, dining area, kitchen, two bedrooms and one and one-half baths. Each Type EB-III Unit contains approximately 2,453 square feet and has a basement, two car garage, living room, dining area, kitchen, three bedrooms and one and one-half baths. Each Type EB- VI Unit contains approximately 2, 732 square feet and has a basement, two car garage, living room, dining area, kitchen, four bedrooms and two and one-half baths. Each Type EB- VIA Unit contains approximately 2,584 square feet and has a basement, two car garage, living room, dining area, kitchen, three bedrooms and two and one-half baths. Each Type EB- VIB Unit contains approximately 2,466 square feet and has a basement, one car garage, living room, dining area, kitchen, three bedrooms and two and one-half baths. The location of each building and Unit and the immediate common area to which each Unit has access is shown on the plans and survey filed concurrently herewith.

9 9 SUPPLEMENT ARTICLE II By reason of the annexation as herein provided, the percentage of undivided interest in the common areas and facilities appertaining to each of the units created under the Declaration and each of the units created by reason of this annexation shall be as follows: Type EB-I % Type EB-III % Type EB-VI % Type EB-VIA % Type EB- VIB % As contemplated by, and in accordance with, the Declaration, the percentage of ownership in the common areas and facilities of each of the unit owners has been redetermined so as to reflect the total number of units subject to the terms, provisions and restrictions of the Declaration and this supplement thereto. Some of the percentages have been rounded in order to obtain a total of 100% and the unit purchasers, by accepting a deed of conveyance to a unit agree to be bound by such percentages. SUPPLEMENT ARTICLE III The Declaration and this Supplement shall be construed in such manner so as to effectuate the intent that the Condominium shall include both the real estate described in the Declaration and the real estate described in this supplement to the end that the Declaration and this Supplelnent shall be read as one instrument and shall govern the respective rights and duties of all of the owners of all 140 individual units. IN WITNESS WHEREOF, Northridge Lakes Development Co. has caused this supplement to the Declaration to be executed as of this day of, 1973 NORTHRIDGE LAKES DEVELOPMENT CO. By: Managing Partner Signature of Managing Partner of Northridge Lakes Development Co., a partnership, authenticated this day of Member State Bar of Wisconsin Authorized under Sec This instrument was drafted by Steven L. Chernof

10 10 EXHIBIT A Building No.0 Unit 2 (Type: EB-l) Building No. 1 Building No. 2 Building No. 3 Building No. 4 Unit 1 (Type: EB-VIA) Unit 2 (Type: EB-VIA) Unit 3 (Type: EB-VI) Unit 4 (Type: EB-VI) Unit 5 (Type: EB-VI) Unit 6 (Type: EB-VI) Building No. 5 Unit 3 (Type: EB-I Unit 4 (Type: EB-I) Unit 5 (Type: EB-I) Unit 6 (Type: EB-III) Building No. 6 Unit 1 (Type; EB-VIA) Unit 2 (Type: EB-VIA) Unit 3 (Type: EB-VIA) Unit 4 (Type: EB-VIA) Building No. 7 Unit 1 (Type: EB-VI) Unit 2 (Type: EB-VI) Unit 3 (Type: EB-VI) Unit 4 (Type: EB-VI) Unit 5 (Type: EB-VIA) Unit 6 (Type: EB-VI) Unit 7 (Type: EB-VI) Unit 8 (Type: EB-VI) Building No. 8 Unit 1 (Type: EB-VIB) Unit 2 (Type: EB-VIA) Unit 3 (Type: EB-VIA) Unit 4 (Type: EB-VIA) Building No. 9 Unit 1 (Type EB-VI) Unit 2 (Type EB-VI) Unit 3 (Type: EB-VI) Unit 4 (Type: EB-VI) Building No. 10 Unit 2 (Type: ED-I) Unit 4 (Type: EB-I) Unit 5 (Type: EB-I) Unit 6 (Type: EB-III) Building No. 11 Unit 1 (Type: EB-VI) Unit 2 (Type: EB-VI) Unit 3 (Type: EB-VIA) Unit 4 (Type: EB-VIA) Unit 5 (Type: EB-VIA) Unit 6 (Type: EB-VIA) Building No. 12 Unit 4 (Type: EB-I) Unit 5 (Type: EB-I) Unit 6 (Type: EB-III)

11 11 AMENDMENT TO DECLARATION OF CONDOMINIUM OF NORTHRIDGE LAKES - EAST BAY AND BY-LAWS OF NORTHRIDGE LAKES - EAST BAY OWNERS ASSOCIATION Paragraph I. 1. Of the Declaration of Condominium of Northridge Lakes -East Bay is hereby repealed and recreated to read as follows: 1. The By-Laws of the Association may set forth any restrictions on the use or occupancy of the Unit. Article VIII of the By-Laws of Northridge Lakes -East Bay Owners Association is hereby amended to create Section 6, which shall read as follows: SECTION 6. OCCUPANCY (a) Except as set forth in subsection (b) of this section, the Unit shall be occupied by and serve as the principal residence of the owner. The Unit shall be used only for private dwelling purposes and for no other purpose. No Unit or any rooms in a Unit may be rented and no transient tenants may be accommodated. A Unit shall be deemed to be rented if it does not serve as the principal residence of the owner and is occupied by a person or persons other than an owner, whether or not consideration is tendered as rent. No units may be subdivided. (b) Any owner who believes the prohibition of rental occupancies imposes an unreasonable hardship may apply to the Board for a waiver of this prohibition. Such application shall be in writing, shall state the reasons the owner believes this prohibition creates a hardship, and shall set forth the period of time for which the owner seeks a waiver of this prohibition. The Board may, in its discretion, grant any request for a waiver provided that such waiver shall not extend for a period in excess of one year. Upon further request of the owner, the Board may upon review of the tenancy and circumstances of the owner, grant additional periods of waiver not to exceed one year each. The Board shall be guided by the stated purpose that the Units are intended to be owner occupied and that waivers from this requirement should be granted only in cases of hardship and in cases in which the period of rental occupancy is minimized and of a temporary nature. (c) All rental tenancies shall be memorialized in writing and a copy of such lease shall be filed with the Association. The owner and tenant shall at all times provide the Association with current mailing addresses and telephone numbers. (d) Upon a violation of any provision of this Section 6, the Board of Directors may assess a fine equal to double the Unit's monthly assessment for each month or portion thereof during which a violation occurs. (e) The prohibition of rental tenancies shall apply only to those owners acquiring their ownership interest in a Unit subsequent to the adoption and recording of this Amendment.

12 12 CERTIFICATION OF FIRST AMENDMENT TO DECLARATION OF CONDOMINIUM NORTHRIDGE LAKES-EASTBAY As president of Northridge Lakes -East Bay Owners' Association, Inc., I hereby certify that pursuant to paragraph P of the Declaration of Condominium of Northridge Lakes -East Bay, a condominium established and existing under the Wisconsin Condominium Ownership Act, the Declaration of Condominium, previously recorded in the office of the Register of Deeds for Milwaukee County as Document No , at Ree1654, Image 693, et. seq., has been amended as hereinafter described, by virtue of the written consent of 75% of the unit owners. The real estate affected by this amendment is described as: Lots 11 and 12 in Northridge Lakes, being a redivision of Certified Survey Map No.1145 and lands in the SW 1/4 and the NW 1/4 of Section 3, T8N, R21E, in the City of Milwaukee, Milwaukee County, State of Wisconsin. Paragraph 1.1. of the Declaration of Condominium of Northridge Lakes -East Bay is hereby repealed and recreated to read as follows: The By-Laws of the Association may set forth any restrictions on the use or occupancy of the Unit. This Certification is executed this 23rd day of August, Northridge Lakes -East Bay Owners' Association Barbara Anderson, President