DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS BY RONDOUT HARBOR HOMEOWNERS ASSOCIATION, INC.

Transcription

1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS BY RONDOUT HARBOR HOMEOWNERS ASSOCIATION, INC. Document Control: (This document can be located on Date Revision Comment Approval Original V 1.0 Original conversion/separation forming RHHA Approved by original BOD and Original text removed in V1.01 Tednick Corp. Prior 2014 V Revisions made since initial document last updated March 14, 2010 Soft copy from Bill Connors 1 Amended V 2.0 Amended and updated, accepted by the BOD and reviewed by Attorney (9/11/14) ready for Association Membership review and approval. 9/18/1984 Several reviews BOD Approvals reviewed and approved attorney updates BOD meeting 09/11/14 1 P a g e

2 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF RONDOUT HARBOR HOMEOWNERS ASSOCIATION, INC. Item 1: Item 2: Item 3: Item 4: This Declaration amends, supersedes and replaces the September 18, 1984 Declaration of Covenants, Conditions and Restrictions by Tednick Corp. and any amendments thereto. This Amended and Restated Declaration may be further modified only by a two-thirds vote of the membership of the Association. The Association is a Homeowners Association, incorporated in New York State as a Not- For-Profit Corporation whose primary purpose is to own and manage certain real estate in the Town of Esopus, Ulster County, New York, for the use and benefit of its members. The Association is the owner of certain real property in the Town of Esopus, County of Ulster, state of New York. Specifically described as all those certain lots, tracts or parcels of land shown and designated on a certain map known as subdivision of Rondout Harbor, situated in the Hamlet of Port Ewen, Town of Esopus, Ulster County, New York, dated May, 1984 prepared by Brinnier and Larios, P.C., Engineers and Land Surveyors, 67 Maiden Lane, Kingston, New York and recorded in the Ulster County Clerk's Office on July 23, 1984 as Map File No The Association desires to provide for the preservation of the real-estate values and amenities in said community, for the maintenance of said common lands and facilities, and to this end, continue to subject the above described real property and that referred to in Article I of these Covenants, to the conditions, restrictions, easements, charges and governance hereinafter set forth, each and all of which is and are for the benefit of said properties and owner thereof. The Association has deemed it desirable for the efficient preservation of the real-estate values and amenities in said community to create a Board of Directors which will be delegated and assigned the powers of maintaining and administering the Community facilities and common areas, administering and enforcing the Covenants, Conditions and Restrictions, levying, collecting and disbursing the assessments and charges hereinafter created, and otherwise carrying out the affairs of the Association. 2 P a g e

3 Item 5: Item 6: Item 7: Item 8: The Association has previously incorporated under the laws of the State of New York as a not-for-profit corporation as the Rondout Harbor Homeowners Association, Inc. (the Association) for the purpose of exercising the functions aforesaid. The Association hereby declares that all of the real properties described above and such additions thereto as may hereafter be made pursuant to Article I shall be held, sold, conveyed, transferred and occupied subject to the following easements, restrictions, covenants, charges, assessments 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 or acquiring any right, title or interest in the described real property or any part thereof, their heirs, successors and assigns. The Association shall exist for the benefit of each owner thereof. The Association is authorized to buy, sell, mortgage, lease, rent, borrow, or do any other act which may alter or change the assets of the Association. In the event the Association is desirous of substantially altering or changing the capital structure, or property ownership of the Association, the Association membership must consent by a two-thirds vote of all owners to said act. Hereafter, there shall not be a separate Control Committee as set forth in Article VIII, of original Declaration. As set forth in the original Article VIII all the rights, powers and duties of the Control Committee shall hereafter be deemed to be delegated to, in their entirety, to the Board of Directors who shall exercise such right, powers and duties. 3 P a g e

4 ARTICLE I DEFINITIONS 1. Association shall mean and refer to Rondout Harbor Homeowners Association, Inc., as a corporation, its successors and assigns. 2. Board of Directors (Board, BOD or Directors); shall mean and refer to the Board of Directors of the Association. 3. Committee(s) Ad hoc or Term committee is one having a determined date of expiration. A Standing or Permanent committee is one having no date of expiration. 4. Common Area(s) shall mean all real property and the improvements thereon owned or hereafter acquired by the Association for the common use and enjoyment of the owners, including but not limited to open areas, recreation facilities, private roads, parking areas and sidewalks. 5. Declaration shall mean and refer to this document (Declaration of Covenants, Conditions and Restrictions) and any amendments hereafter adopted. 6. Exterior(s) shall mean and refer to each part of a living unit that is visible from outside with the exception of windows, screens, skylights, doors, electrical and plumbing outlets or devices, fireplace flue extensions, foundations and/or additions or attachments approved by the Association and made by the unit Owner. Where applicable, the depth of the exterior shall include the siding and sheathing beneath it, the roof shingles and the sheathing beneath them and all necessary attachments thereto 7. Living Unit (Unit) shall mean and refer to any lot on which a portion of a building is situated, designed and intended for use and occupancy as a single family residence. 8. Lot shall mean and refer to any designated plot of land shown upon the maps referred to hereinabove filed with the Ulster County Clerk with the exception of Common Areas and roads. 9. Member(s) shall mean and refer to all those Owners who are members of the Association as provided in Article IV hereof. 10. Owner shall mean and refer to the recorded owner, whether one or more persons or entities of a fee simple title to any Lot or the owner of a beneficial interest in a Lot providing for the exclusive right to occupy the living unit including, without limitation, a life estate or a trust but not including tenants, guests or other temporary occupants. 4 P a g e

5 11. Properties shall mean and refer to that certain real property planned unit development (PUD) known as Rondout Harbor, located in the Town of Esopus, Ulster County, New York, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. 12. Party Fence shall mean and refer to a fence situate or intended to be situate on the boundary line between adjoining Units. 13. Party Wall shall mean and refer to the entire wall, all or a portion of which is used for support of each adjoining property, situate or intended to be situate on the boundary line between adjoining properties. 14. Resident(s) shall mean and refer to the individuals living in a single unit that are not the Owner of said unit. 15. Commercial Vehicle(s) shall mean and refer to any vehicle with commercial plates, not used by the owner as a personal transport or too large to park in the normal spaces provided. Examples include, but are not limited to contractor vehicles and, employer owned commercial vehicles operated by a resident. 16. Single Family Residence shall mean and refer to a single dwelling unit occupied by one household or family that can include a basement suite or in-law suite. ARTICLE II ADDITIONS TO EXISTING PROPERTY Section 1: Additional land Additional land may become subject to this Declaration in any of the following manner: A. The additions authorized under this and the succeeding subsections shall be made by filing of a record Supplementary Declaration of Covenants, Conditions and Restrictions with respect to the additional property which shall extend the scheme of the Covenants and Restrictions of this Declaration to such property. B. Such Supplementary Declaration shall contain such complementary additions and modifications of the Covenants and Restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added properties as are consistent with the scheme of this Declaration. In no event, however, shall such Supplementary Declaration revoke, modify, or add to the Covenants established by this Declaration affecting the existing property. C. Upon approval in writing of the Association and pursuant to a majority vote of its 5 P a g e

6 members, the owners of any property who desire to add it to the scheme of this Declaration and to subject it to the jurisdiction of the Association may file a Supplementary Declaration of Covenants, Conditions and Restrictions as in sub-section 1A of this Article. Section 2. Other Additions, Mergers and/or Consolidations Upon a merger or consolidation of the Association with another Association, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated Association, or, alternatively, the properties, rights and obligations of another Association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated Association may administer the Covenants and Restrictions established by this Declaration, together with the Covenants and Restrictions established upon any other properties as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the Covenants established by this Declaration, except as hereinafter provided. Section 1. Members Easements of Enjoyment. 6 P a g e ARTICLE III RIGHTS IN THE COMMON AREAS Subject to the provisions of Section 3 of this Article every member shall have a right and easement of enjoyment in and to the Common Areas and such easement shall be appurtenant to and shall pass with the title to every Living Unit. Section 2. Title to the Common Areas. The Association holds title to all of the Common Areas. Section 3. Extent of Members Easements. The rights and easements created hereby shall be subject to the following: a) The right of the Association, in accordance with its Certificate of Incorporation and By- Laws, to borrow money for the purpose of improving the Common Areas and in aid thereof, to mortgage or otherwise encumber said real property. b) The right of the Association to take such steps as are reasonably necessary to protect the Common Areas against foreclosure. c) The right of an Owner not to be denied by anything contained in this section to impact access to and from their Lot or Living Unit. d) The right of the Association to charge reasonable admission and other fees for the use of the Common Areas, and to otherwise limit or regulate use of the Common Areas. e) The right of the Association to dedicate or transfer ownership of all or any part of the Common Areas to any public agency, authority or Utility Company for such purposes as may be deemed necessary by the Board in the interests of the Association, provided the same

7 is approved by a majority vote of the Association Members present at a regular or a special meeting called for that purpose. f) The right of Owners, for themselves and their guests, to the use of parking spaces on the Common Areas designated for that use. g) The right of the Association to grant and reserve easements and rights-of-way through, under, over and across the various Lots and the Common Areas for parking spaces and walkways, and for the installation, maintenance and inspection of lines and appurtenances for public or private water, sewer, drainage, fuel oil, electric, gas, telephones, television (cable, antenna, etc.) and other utilities. h) The right of the Board, through the By-Laws, or through the Rules and Regulations of the Association to impose restrictions deemed necessary for the protection and betterment of the Association. Section 4. Use of the Common Area. The Common Area shall be used strictly in accordance with the easements granted thereon. There shall be no obstruction or interference whatever with the rights and privileges of other Owners in the Common Area and nothing shall be planted, altered, constructed upon or removed from the Common Area by any Owner except by prior written consent of the Board of Directors as empowered by this Declaration. If an owner violates this section, the Association, therefore the Board shall have the right to restore the Common Area to its prior condition and to assess the cost thereof, including any attorney fees incurred in attempting to remedy such violation, against the owner in violation. Such costs, including any attorney fees, shall become the personal obligation of such owner and shall constitute a lien upon the Lot and Living Unit of such owner, due and payable upon demand. The Board shall have the same right and powers to collect the cost of such restoration and any such attorney fees as provided in this Declaration for the collection of delinquent annual assessments. If an Owner interferes with the rights and privileges of another Owner in the use of the Common Area, either Owner or the Association may commence an action to prohibit the performance of such interference. The prevailing party shall be entitled to recover attorney fees together with all necessary costs and disbursements incurred in connection with such action. Section 1. Membership ARTICLE IV MEMBERSHIP IN THE ASSOCIATION Every Owner who is subject to this Declaration shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot/Unit which is subject to this Declaration. Ownership of a Unit shall be the sole qualification for membership. Membership in the Association shall lapse and terminate when a member shall cease to be an Owner; however, any 7 P a g e

8 delinquent assessment will still be the personal liability of said Owner despite termination of membership. Section 2. Voting membership. Each member shall be entitled to one vote. When more than one person (or entity) owns any Lot, their vote shall be exercised as they, among themselves, determine but in no event will a split vote be honored and in no event shall more than one vote be cast with respect to any such Lot. Section 3. Membership Fee. As a condition for taking title to a lot and as consideration for becoming a member in the Association, each Owner of a Living Unit, including successors in title, at or prior to the taking of title, shall pay a one-time membership fee which shall be prescribed by the Board of Directors as it may determine from time to time. The amount of the fee will be determined by the Board annually. Said fee is also separate from, and in addition to, maintenance assessments referred to herein this Declaration and in the By-Laws. ARTICLE V ASSESSMENTS: MAINTENANCE, GENERAL, SPECIAL AND OTHER Section 1. Creation of Lien and Personal Obligation of Assessments Each owner of any Living Unit, by taking title to same, whether or not it shall be so expressed in any deed, is deemed to covenant and agree to pay to the Association: a) General assessments (Maintenance and operations costs) or charges and, b) Special assessments. c) Assessments are to be established and collected as hereinafter provided. The general and special assessments, together with interest, costs and reasonable attorney fees incurred in connection with the collection thereof shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. a. Each assessment, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the Owner. b. The lien for delinquent assessments shall also pass to an Owner's successor in title by their acceptance of Deed or by any other means of conveyance to such lot for which such assessments are delinquent. Section 2. Purpose of Assessments The assessments levied by the Association therefore the Board, shall be used exclusively for any or all of the following purposes: 8 P a g e

9 a. Providing services to promote the common benefit, recreation, health, safety and welfare of residents in the Common Areas. b. Provide for the improvement and maintenance of Common Areas determined by the Board of Directors. c. Provide for the improvement and maintenance of exteriors of Living Units, their grounds, sidewalks, driveways, parking spaces, fences, etc. (pursuant to Article V and VI herein.) Inclusive of repair, replacement and additions thereto. d. Provide services and facilities devoted to this purpose, as related to the use and enjoyment of the Common Areas, including, but not limited to, the payment of taxes, insurance, utility charges, etc. As well as, the repair, replacement and additions thereto. e. All Services include, but are not limited to, the cost of labor, equipment, material, management and the supervision thereof. Section 3. Basis of General Assessment and Changes in Rate The amount of the general assessment paid monthly per Living Unit (known as monthly maintenance) shall be determined and set from time to time by the Board of Directors. It is the responsibility of the Board to determine if the existing general assessment rate does not meet the demands of operation and maintenance of the Common Areas, Facilities, and exteriors of Living Units, their grounds, sidewalks, driveways, fences, parking spaces, parking areas, etc., and to establish a new general assessment rate. The owners and/or Members of the Association shall, upon notice of same, be subject to payment of the new general assessment rate. The Board may, after consideration of future costs for exterior maintenance of each Living Unit and/or the structures, buildings, roads and other improvements located upon the Common Areas, establish a reserve fund for such purposes with the monies necessary for such reserve fund to be part of the general assessment. Section 4. Special Assessments In addition to the general assessment outlined in Sections 2 and 3 hereof, the Board may levy a special assessment for the construction, reconstruction, repairs or replacement of a described capital improvement upon the Common Areas, including the necessary fixtures and personal property related thereto, and/or for the exteriors of the Living Units, their grounds, sidewalks, driveways, fences, parking spaces, etc. provided that the Board, in its discretion, determines there is a need for the same. The Board shall thereupon notify members of the Association by written notice of said need and shall describe why said construction, reconstruction or repair is necessary. The Board will include in the notification the cost of said improvement as described and the amount(s) of said improvements. The amount shall include the total cost, and the breakdown per Owner. The due date(s) of payment of the special assessment shall be provided to each Owner. Section 5. Date of Commencement of General Assessments 9 P a g e

10 The general assessments provided herein are payable monthly and will commence and be payable in advance on the first day of each month. After a grace period of 10 days, a late fee and/or interest will be charged against the assessment. Section 6. Default on General or Special Assessments or on Monthly Assessments No owner may waive or otherwise avoid liability for the assessments provided for herein by nonuse of the Common Area or abandonment of their Lot/Unit. 1. General or Special Assessments: a. In the event one or more of the monthly payments of a general or special assessment is not paid within 30 days from the date due, such assessments are due and payable in their entirety. Thereafter the entire delinquent assessment, together with interest, the costs of collection including attorney fees, shall become a continuing lien on the property which shall bind such property in the hands of the then Owner, its successors in title and assigns together with such interest thereon and cost of collection therefore. b. The personal obligation of an Owner to pay such assessment and the costs of collection including attorney fees shall remain a personal obligation until same is paid. c. The acquirer of title to a Living Unit shall be jointly and severally liable with their predecessor in title thereto for the amounts owing by the latter to the Association up to the time of the transfer of title, without prejudice to the acquirer's right to recover from their predecessor in title the amount paid by them as such joint debtor. d. The Association shall issue a statement of such amounts due to every party who obtains ownership of a living unit. e. The purchaser s liability for such pre-ownership assessments under this covenant shall be limited to the amount as set forth in said statement. f. This provision shall not apply to a mortgagee or other party which has acquired the Living Unit at an auction sale pursuant to a judgment of foreclosure and sale in which the Association or its Board has been named as a party defendant. [A bank foreclosure where the HOA is named wipes out the Associations lien anyway so this just clarifies that.] g. At the option of the Association s Board of Directors, the Association may deny the use of any Recreational Facilities and Association s privileges, including, without limitation, the right to park, to any Owner or such Owner s guests or lessees, who are in default of payment of assessments and related fees including attorney fees and interest. Such Owner or Owner s guest or lessees shall not be entitled to use, park or otherwise enjoy the Association Properties unless and until such Owner is reinstated in good standing in the Association. h. The lien of the assessments and fees provided for herein shall be subordinate to the lien of any first mortgage on a Lot/Unit. 10 P a g e

11 2. Monthly Assessments: If a monthly assessment (general and/or special) payment is not paid within thirty (30) days after the same has become due and payable, the assessment shall also bear interest from the date of delinquency at the rate of 24% per annum or at the then maximum legal rate per annum or such other lawful rate set by the Board who may bring legal action against the Owner personally obligated to pay the assessment and/or to foreclose the lien against the property. Additional charges will be added to the amount of the assessment such as any attorney fees incurred in attempting to collect the assessments, as well as the attorney fees and costs of preparing and filing the complaint for such action, and in thereafter prosecuting any such action. Section 7. Exempt Properties. The Common Areas public roads, and properties owned by the Association shall be exempted from the general and special assessments and liens created and referred to herein ARTICLE VI EXTERIOR MAINTENANCE Section 1. Areas of Maintenance: In addition to the maintenance upon the Common Areas, the Association shall provide exterior maintenance upon each Living Unit, including the roof, siding, gutters, chimney and trim. Also included are the grounds, fences, walkways, sidewalks, and parking areas. The need, nature, and extent of such maintenance shall at all times be determined by the Board. Section 2. Assessment of Cost: The cost of such exterior maintenance shall be assessed equally against each Living Unit and shall be part of the general maintenance assessment or charge to which such Living Unit is subject under Article V hereof. Any such general maintenance assessment or charge shall be a lien and obligation of the Owner. Said obligation shall become due and payable in all respects as provided in Article V hereof. The election of any owner not to avail themselves of any or all of the services and maintenance provided by the Association does not exempt such owner from the obligation to pay the assessments. Section 3. Access at Reasonable Hours: 11 P a g e

12 Doc: RHHA Covenants BOD V2.04 final review Last updated: 11/22/14 pna For the purpose solely of performing the exterior maintenance determined pursuant to this Article, the Association through its duly authorized agents, contractors, or employees shall have the rights to enter upon any Lot or exterior of any Living Unit at reasonable hours on any day. The Board also retains an easement of ingress and egress over all the Properties. With respect to the occupants, whenever possible, residents/owners shall be notified in advance that a maintenance event will occur on or in the vicinity of their Unit. Section 4. Willful or Negligent Acts: In the event that the need for exterior maintenance or repair is caused through the willful or negligent act or omission of the Owner, their family, guests, invitees or tenants, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such Owner's is subject. Section 5. Entrance due to Breakage of Water or Sewer System or Emergency: In the event that there is breakage or leakage in the water system or sewer and sewage system upon a Lot or in a Living Unit, or any emergency, which has caused or will cause damage to adjacent Living Units, no prior notice need be given to enter upon the Lot or Living Unit for the purpose of repairing the water system or sewer and sewage system. Any repairs due to an Owner s, their family, guests, invitees or tenants, willful conduct or negligence shall be charged to the Owner of said Living Unit. ARTICLE VII PARTY WALLS & PARTY FENCES Section 1. General Rules of Law to Apply: To the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls or party fences and liability for property damage due to negligence or willful acts or omissions shall apply to each party wall or party fence which is built as part of the original construction of the homes upon the Properties and any replacement thereof. In the event that any portion of any structure including any party wall or party fence, shall protrude over an adjoining lot, such structure, such party wall or party fence shall not be deemed to be an encroachment upon the adjoining lot or lots, and Owners shall neither maintain any action for the removal of a party wall or party fence or such projection, nor any action for damages. In the event there is a protrusion as described in the immediately preceding sentence, it shall be deemed that said Owners have granted perpetual easements to the Association and the adjoining Owner or Owners for continuing maintenance and use of the projection or party wall or party fence. 12 P a g e

13 Doc: RHHA Covenants BOD V2.04 final review Last updated: 11/22/14 pna The foregoing conditions shall also apply to any replacements of any structures or party walls or party fences if same are constructed in conformance with the original structure, and the conditions shall be perpetual in duration and shall not be subject to amendment of these Covenants. Section 2. Repair and Maintenance Cost for Common Walls and Fences: The cost of repair and maintenance of a party wall shall be shared equally by the adjoining Owners. The costs of repair and maintenance of a party fence has been granted to the Association (August. 2003), and is no longer the responsibility of the Owner. Section 3. Destruction by Fire or Other Casualty: If a party wall is destroyed or damaged by fire or other casualty and it adjoins two living units, either owner may restore it, and both shall contribute to the cost of restoration in proportion to use without prejudice. The Unit owners who make use of the wall shall restore it. The Association shall have the option but not the obligation to insure party walls against fire and other casualty. Any reconstruction shall be subject to other provisions of this Declaration and subject to the approval of the Board. Section 4. Damage to party wall due to negligence or willful acts: Notwithstanding any other provisions of this Article, any Owner, who by their negligence or willful act, causes damage to the unit of another party shall bear the whole cost of furnishing the necessary protection against such elements and repair for any damages caused by the failure to act or by the delay of action to furnish that protection. Section 5. Right to Contribution Runs with Land: The right of any Owner to contribution from any other owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. Section 6. Arbitration: In the event of any dispute arising concerning a party wall or party fence under the provisions of this Article, the Board of Directors may, at its sole option, establish an arbitration procedure that allows each party to mutually agree upon a single arbitrator selected from a list supplied by a nationally recognized and accredited arbitration association. a) The decisions of said arbitrator shall be binding upon all parties. b) The costs, including attorneys fees, of such arbitration procedures shall be jointly and equally borne by the disputing parties and not by the Board or the Association. c) If the Board of Directors elects not to establish such a procedure, the parties may seek redress in any court of competent jurisdiction within the County of Ulster. 13 P a g e

14 Doc: RHHA Covenants BOD V2.04 final review Last updated: 11/22/14 pna ARTICLE VIII BOARD OF DIRECTORS AND GOVERNANCE The Board of Directors (Board) per this Declaration has been delegated and assigned the powers of maintenance and administration of the Association, including overall governance. The members of the Board shall not be entitled to compensation for services performed on behalf of the Association. The following is under the administration of the Board: A. CREATE AND APPOINT COMMITTEES To create committees as deemed appropriate to meet the needs of the Board, and therefore the Association. An Ad hoc or Term committee is one having a determined date of expiration. A Standing or Permanent committee is one having no date of expiration. All committees are subject to the direction of the Board and are under the jurisdiction of the Board. The Board can appoint and or approve members of a committee. Committees should be a combination of Directors of the Board, and Members of the Association. The Board has final approval of all suggestions and recommendations made by any such committee. B. ARCHITECTURE AND CONSTRUCTION No building, fence, walkways, excavation, landscaping or grading operation, or other structure shall be commenced, erected, reconstructed, or repaired upon the Properties, nor shall any addition or change or painting or alteration to and Living Unit exterior therein may be made until the plans and specifications showing the nature, kind, shape, color, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of design and location in relation to surrounding structures and topography, by the Board. C. MODIFICATIONS OF PROVISIONS OF THE DECLARATION The Board may amend, modify, delete, supplement, alter or grant relief from the provisions of the Declaration or from any provisions as may hereinafter be added to the Declarations, provided it is determined by the committee in its sole discretion that the same is in furtherance of the objectives of this development. This right shall extend to each and every particular of each and every item contained in this Declaration and/or as may be subsequently added, including by not limited to Article IX herein, and including but not limited to any lands previously conveyed or improved by the construction of buildings thereon or otherwise. D. RECOVERY OF FEES AND COSTS The Board, in enforcing any decision made against any Living Unit Owner pursuant to this Article, shall be entitled to recover from the other party reasonable attorney fees together with all necessary costs and disbursements in connection therewith. 14 P a g e

15 Doc: RHHA Covenants BOD V2.04 final review Last updated: 11/22/14 pna ARTICLE IX RESTRICTIONS All lot and/or Living Unit Owners, as well as all members, guests, residents, occupants, lessees, etc., in addition to any other obligation, duty, right and limitation imposed upon them by this Declaration, the Certificate of Incorporation, By-Laws of the Association and Rules and Regulations that may be promulgated by the Association, and any amendments thereto, shall be subject to and agree to abide with the following restrictive Covenants which shall be applicable to all as stated above. Section 1. Residential Use: No living Unit shall be used for any purpose other than as and for a single family residence or dwelling. Section 2. No exterior Antennas (not including satellite dishes) No exterior radio, television or electronic antenna or aerial, shall be erected, maintained or operated upon any of the lots, buildings or structures located thereon, and the erection, maintenance or operation of any of the same is prohibited except as designated and approved by the Board. The installation and location of satellite dishes requires prior written approval from the Board. Section 3. Architecture and Construction: No building, fence, wall, walkway, excavation, landscaping or grading operation, or other structure shall be commenced, erected, reconstructed or repaired upon the Properties, nor shall any addition to or change or painting or alteration to any Living Unit exterior therein be made until the plans and specifications showing the kind, shape, color, height, materials and location of the same shall have been submitted to and approved in writing by the Association and therefore the Board of Directors, as to harmony of design and location in relation to surrounding structures and topography. Section 4. Signs No signs of any nature whatsoever shall be erected or displayed (including in windows) upon any of the properties except when express prior written approval of the size, shape, content, and location thereof has been obtained from the Board. Excepted from this provision are signs used by and for the Association. 15 P a g e

16 Doc: RHHA Covenants BOD V2.04 final review Last updated: 11/22/14 pna Section 5. Outdoor Display No clothing, bedding, or other similar items shall be dried or aired in any outdoor areas. On the townhouses outdoor units and grounds décor shall be promulgated by the Board of Directors. Section 6. Livestock and Poultry No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot and/or Living Unit, with the exception of household pets, and not more than two (2) common household pets may be kept provided they are not kept, bred, or maintained for any commercial purpose. Section 7. Water Supply No individual water supply system shall be permitted on any Lot except as may be required by the Association. Section 8. Vehicle Storage The parking or storage of vehicles is prohibited except upon designated paved areas. Each Living Unit has two (2) designated parking spaces, as indicated with unit number. Spaces marked with a V or VISITOR are designated as visitor/guest parking. Overnight parking or storage of commercial vehicles is prohibited without temporary approval of the Board. The parking or storage of recreational vehicles (RVs), camping vehicles, boats and boat trailers, etc. upon any of the Properties is prohibited without temporary approval by the Association, therefore the Board. Section 9. Outside Storage Equipment and Personal Items All sporting equipment, toys, outdoor cooking equipment, and other equipment and supplies necessary or convenient to residential living shall be stored within the Living Unit, or shall be stored on the back deck and/or patio. The storage or collection of rubbish of any character whatsoever, and any material that emits foul or obnoxious substance, is not allowed to be stored anywhere on the inside or outside of the Units. No storage of anything is allowed on the sides of end-units, without prior written approval from the Board. Section 10. Temporary Structures No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be erected or used on any lot at any time as a residence either temporarily or permanently. Small freestanding storage units are allowed for storage, with prior written approval from the Board. Section 11. Oil and Mining Operations 16 P a g e

17 Doc: RHHA Covenants BOD V2.04 final review Last updated: 11/22/14 pna No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. Section 12. Garbage and Refuse Disposal The storage or collection of rubbish whatsoever or any material that includes or emits foul and obnoxious odors, or hazardous substances shall not be kept on any Lot or Living Unit. No Lot or exterior Living Unit shall be used or maintained as a dumping ground for rubbish, trash, garbage or waste. If there is a temporary need for such storage because of renovation of a unit, the Owner requires prior written approval from the Board. Section 11. Disturbance and Annoyance The harboring of the source of any odor, noise or activity which unreasonably disturbs the peace, comfort or serenity of other Owners is prohibited. Section 13. Sewage Disposal. No individual sewage-disposal system (cesspool, septic tank, etc.) shall be permitted on any lot. Section 14. Fences and Hedges No fences or hedges shall be permitted on the grounds of any Living Unit except as installed by the Association. Section 15. Excavation. No Lot Owner, member, guest, lessee, resident, occupant, invitee or guest, etc. shall commence any digging or earth moving or re-grading operations of any nature whatsoever without prior written approval from the Board. This includes planting on the common grounds. Section 16. Other The Association therefore the Board, may establish additional rules to further define these restrictions, and as it deems necessary for maintenance. In no case may these rules modify or invalidate the Declaration of Covenants and Restrictions. ARTICLE X INSURANCE 17 P a g e

18 Doc: RHHA Covenants BOD V2.04 final review Last updated: 11/22/14 pna Section 1. Maintenance of Insurance The Rondout Harbor Homeowners Association, Inc. shall use its best efforts to provide insurance under a Single Entity Insurance policy. Such insurance shall be on the interior and exterior structure of all buildings, including all originally installed fixtures which are permanently attached to and part of the buildings and by definition and common usage are normally covered under a fire insurance policy as part of the building coverage. The Association will provide such insurance based on a standard construction category for those buildings, all items within the unit, including walls and wall treatments, ceiling and floor coverings, major appliances and structural alterations as they exist at the time of the first sale of the unit by the original builder. Any betterment, change or alteration made to these items after the original sale of the unit to the owner would be the responsibility of the unit owner to insure. Structure and building insurance shall be written on a Single Entity Coverage basis, covering all structures including Replacement Cost and Agreed Amount endorsements. The unit owners shall cover all personal property and other items of insurance for their own protection, use and benefit, which are not covered by the Association. These items include, but are not limited to contents of a unit, furniture, furnishings, decorations, wall and floor coverings, equipment, betterments, personal liability, personal property, and any additions and/or improvements. The Owner shall also cover loss assessment coverage, unit owner s deductible responsibility, necessary displacement, lodging, housing, etc. The Association shall provide comprehensive general liability insurance covering the Common Area in such amounts as may be determined prudent and necessary by the Board of Directors. The Association shall provide Workers Compensation insurance and fidelity bonds for such officers and employees and in such amounts as it is determined prudent and necessary by the Board of Directors. Section 2. Waiver of Subrogation To the extent permitted by the standard New York form of fire and extended coverage insurance and to the extent benefits are paid under such policy, each Owner and the Association do hereby mutually release each from the other, and their respective officers, agents, employees and invitees, from all claims for damage or destruction of their respective physical properties if such damage or destruction results from one or more of the perils covered by the standard New York form of fire and extended insurance coverage. Section 3. Repair or Reconstruction of Buildings after Fire or Other Casualty In the event of damage to or destruction to the Properties and/or buildings as a result of fire or other casualty, the Board of Directors shall arrange for the prompt repair and restoration of the buildings (including any damaged Units and any originally installed kitchen or bathroom fixtures but not including any betterments, wall, ceiling, or floor decorations or other coverings or other 18 P a g e

19 Doc: RHHA Covenants BOD V2.04 final review Last updated: 11/22/14 pna furniture, furnishings, fixtures, appliances or other personal property or equipment installed in the Units by the Owners). The above requirement does not apply for damages due a Unit for Owner s negligence, fault or failure to maintain his or her Unit. The Board of Directors shall disburse the proceeds and all insurance reimbursements in the appropriate progression of payments to the contractors engaged in such repairs and restoration. Any cost or such repair and restoration in excess of the net insurance proceeds shall constitute a common expense. ARTICLE XI EASEMENTS Section 1. General Utility Easements All individual Lots, Common Areas, and Public Roads shall be subject to the rights of the Association and/or their assigns, to an easement hereby reserved on, under, through and over said lots, common areas and public roads for the purpose of installation, maintenance, repair and replacement of drainage, sanitary sewers, water, gas, electric, telephone, fuel, oil, gas and any other utilities and appurtenances, thereto, to serve the properties. The aforesaid general easement is in addition to and includes, but is not limited to, those various utility easements herein provided or now shown or to be shown on sub-division maps of the properties or other declarations or Deeds of Easement now filed or to be filed with the County Clerk of Ulster County. Section 2. Easements for Parking, Walkways, and Utilities Perpetual easements for the installation, maintenance, repair and replacement of landscaping, parking spaces, driveways, drainage, walkways and utilities are hereby reserved in, on, under and over the front grounds (and side grounds of "end" Living Units) of each Lot for the exclusive benefit of the Association, its assignees and its members, their invitees and tenants. An additional perpetual easement is hereby reserved in, on, under and over that rear portion of each Lot, extending across the full width of each Lot, from the line on which is located the original fence installed by the Association to the rear lot line. Said additional easement is for the installation, maintenance, repair and replacement of landscaping, parking spaces, fences, driveways, drainage, walkways and utilities for the benefit of the Association, its assignees and its members, their invitees and tenants. The aforesaid easements in the front and rear portions (and side grounds of "end" Living Units) of each Lot shall be maintained by the Association, and except as originally installed by Declarant, no building, fence, or structure shall be erected on same unless approved in writing by the Board of Directors. 19 P a g e

20 Doc: RHHA Covenants BOD V2.04 final review Last updated: 11/22/14 pna ARTICLE XII GENERAL PROVISIONS Section 1. Duration and Amendment The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, their respective legal representatives, successors and assigns. Said Covenants and Restrictions of this Declaration shall continue through December 31, 2050 and shall thereafter be automatically extended for successive 10 year periods thereafter, unless an instrument signed by or authorized by the vote of, the then Owners of two-thirds of the lots has been recorded, agreeing to change said Covenants and Restrictions in whole or in part. Section 2. Notices Any notice required to be sent to any Member under the provisions of this Declaration shall be deemed to have been properly sent when personally served on such Member or mailed to the last known address of the person who appears as Member on the records of the Association at the time of such mailing. Section 3. Enforcement The Association and therefore the Board, shall have the right to enforce these Covenants and Restrictions by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, to restrain violation, to require specific performance and/or to recover damages, and against the land to enforce any lien created by these Covenants. Failure by the Association and/or the Board or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The expense of enforcement by the Association and/or the Board, including attorney(s) fees and expenses, shall be chargeable to the Owner violating these covenants or restrictions and shall constitute a lien on the Lot, collectible in the same manner as assessments hereunder. Section 4. Severability Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect the validity of any other provision, which shall remain in full force and effect. Section 5. Governmental Approval 20 P a g e

21 Doc: RHHA Covenants BOD V2.04 final review Last updated: 11/22/14 pna In the event that any governmental authority requires the modification of any provision contained in these Covenants, the Association shall have the power and authority to amend any provision to conform to the said governmental requirements and, for the purpose of effectuating such amendments, each Owner of any Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, hereby appoints the Association as his attorney-in-fact with full power to execute a Supplemental Declaration on behalf of such Owner. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this day of 2015 RONDOUT HARBOR HOMEOWNERS ASSOCIATION, INC. Declarant BY print name here President, Board of Directors RHHA, Inc. State of New York County of Ulster. Etc.. ACKNOWLEDGMENT State of New York ) ) ss.: County of Ulster ) On the day of, 2014, before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. 21 P a g e Notary Public