SEAVUE DECLARATION. AMENDED AND RESTATED DECLARATION OF THE SEAVUE CONDOMINIUM September 7, 2018

Transcription

1 SEAVUE DECLARATION AMENDED AND RESTATED DECLARATION OF THE SEAVUE CONDOMINIUM September 7, 2018

2 After recording return to: Randy M. Boyer Attorney at Law th St. S.W. Lynnwood, WA Document Title: Amended & Restated Declaration of Condominium for Seavue, A Condominium Reference Number(s) of Document assigned or released: , , , , , , and Grantor(s) (Last name first, then first name and initials: SEAVUE Association of Apartment Owners Grantee(s) (Last name first, then first name and initials: Seavue, A Condominium Legal Description (abbreviated: i.e., lot, block, plat or section, township, range): Additional legal on page 2 of document(s) Units , Seavue, A Condominium, Decl. rec. under Sno Co. AFN & any and all amendments thereafter, & Survey Map & Plans rec. under Sno. Co. AFN Also known as Lot 8, Block 1, South Park Addition to Edmonds, according to the plat thereof recorded in Volume 8 of plats, on page 13, Situate records of Snohomish County, Washington. Assessor's Property Tax Parcel/Account Number(s): ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; NOTICE TO RECORDER AS REQUIRED BY RCW CHAPTER 64.32, AT THE TIME OF RECORDING OF THIS AMENDED AND RESTATED DECLARATION INSERT DATA FOR THE SURVEY MAP AND PLANS RECORDED IN CONNECTION HEREWITH. The Survey Map and Plans of the Condominium referred to herein was filed with the Recorder of Snohomish County, Washington simultaneously with the recording of the original Declaration under Snohomish County Auditors File Number

3 AMENDED AND RESTATED DECLARATION OF CONDOMINIUM FOR SEAVUE, A CONDOMINIUM TABLE OF CONTENTS Section 1 - DEFINITIONS The Act Apartment or Unit Apartment Owner or Owner Apartment Number or Unit Number Common Areas and Facilities Limited Common Areas and Facilities The Declaration Association of Apartment (or Unit) Owners or Association Common Expense Mortgage Mortgagee Mortgagee of the Condominium Mortgagee of an Apartment or Unit Mortgage Foreclosure Voting Power; Voting Percentages Majority or Majority of Apartment Owners Eligible Mortgagee 4 Section 2 - INTERPRETATION Liberal Construction Consistent with Act Covenant Running with Land Apartment and Building Boundary Percentage of Mortgagees Declarant is Original Owner 5 Section 3 DESCRIPTION OF LAND ON WHICH THE BUILDING(S) AND IMPROVEMENTS ARE, OR ARE TO BE LOCATED 5 Section 4 DESCRIPTION OF BUILDINGS 5

4 Section 5 DESCRIPTION OF APARTMENTS Introduction 5 Section 6 DESCRIPTION OF COMMON AREA AND FACILITIES 8 Section Section Section 7 DESCRIPTION OF LIMITED COMMON AREAS AND FACILITIES AND DESIGNATION OF APARTMENTS TO WHICH THEIR USE IS RESERVED 9 8 VALUE OF THE PROPERTY, OF EACH APARTMENT, AND THE PERCENTAGE OF UNDIVIDED INTEREST IN THE COMMON AREAS AND FACILITIES Value of Property Percentages Not Affecting Sales Prices Apartment No., Value, Percentage of Interest 10 9 PURPOSES AND USES FOR WHICH THE BUILDING(S), EACH OF THE APARTMENTS, COMMON AND LIMITED COMMON PROPERTY ARE INTENDED AND RESTRICTED Residential Purposes Single Family; Management Apartment Common Areas; Ingress and Egress Parking Spaces; Purposes and Restrictions Maintenance and Modification of Units and Limited Common Areas Architectural Control of Appearance of Buildings and Units - Maintenance Uses Affecting Insurance Signs Offensive Activity Construction Work Common and Limited Common Areas Leasing Provisions Pets Antenna s and Satellite Dishes 18 Section 10 PROCEDURES FOR SUBDIVIDING OR COMBINING Procedure 1 8 Section 11 ASSOCIATION, BYLAWS, MEMBERSHIP, VOTING AND MEETINGS Association and Bylaws Membership Voting Meetings, Audits, Notices of Meetings 2 1

5 Section 12 MANAGEMENT OF CONDOMINIUM Management by the Declarant Management by the Board Authority of the Board and/or Declarant 2 3 Section 13 LIMITATION OF LIABILITY OF BOARD MEMBERS, DECLARANT, OR MANAGING AGENT Liability for Utility Failure, etc No Personal Liability Indemnification of Board Members 27 Section 14 COMMON EXPENSES AND ASSESSMENTS Estimated Expenses Payment by Owners Purpose Separate Accounts Based on Percentage Omission of Assessment Records Declarant Liability Lien Indebtedness Certificate of Assessment Assessment Deposit Foreclosure of Assessment Lien; Attorney s Fees and Costs Rental Value Rental Apartments Termination of Utility Service Remedies Cumulative Liens Prior to First Mortgage 31 Section 15 MORTGAGEE PROTECTION Priority of Mortgages Change in Manager Abandonment of Condominium Status Partitions and Subdivision Change in Percentages Copies of Notices Material Amendments Insurance Inspection of Books Obtaining Declarant s Powers Extension of Declarant s Powers Additional Rights of Mortgage Holders, Insurers, or Guarantors 35 Section 16 DAMAGE OR RECONSTRUCTION Initial Board Determinations 3 5

6 16.2 Notice of Damage or Destruction Definitions: Restoration; Emergency Work Restoration by Board Limited Damage; Assessment Under $3, Major Damage; Assessment Over $3, Decision Not to Restore; Disposition Miscellaneous Use of Hazard Insurance Proceeds 39 Section 17 CONDEMNATION Consequences of Condemnation Proceeds Complete Taking Partial Taking Reductions of Condominium Upon Partial Taking Reconstruction and Repair 4 2 Section 18 INSURANCE COVERAGE Insurance Coverage Owner s Additional Insurance Insurance Proceeds Additional Provisions 4 4 Section 19 COMPLIANCE WITH DECLARATION Enforcement No Waiver of Strict Performance 4 6 Section 20 - EASEMENTS In General Association Functions Encroachments 4 7 Section 21 AMENDMENT OF DECLARATION, SURVEY MAP, PLANS Declaration Amendment Map and Plans Amendment Amendments by Declarant Amendments to Conform to Construction Discontinuance of Condominium 49 Section 22 MISCELLANEOUS Service of Process Notices for All Purposes Mortgagee s Acceptance Severability 50 Section 23 EFFECTIVE DATE AND FILING REFERENCES 5 1

7 23.1 Effective Date Reference to Survey Map and Plans 51

8 AMENDED AND RESTATED DECLARATION OF CONDOMINIUM FOR SEAVUE, A CONDOMINIUM THIS AMENDED AND RESTATED DECLARATION OF CONDOMINIUM FOR SEAVUE shall replace and supersede the Declaration of Condominium for Seavue, A Condominium recorded under Snohomish County Auditor s File Number as amended by documents recorded under Snohomish County Auditor s File Numbers , , , , , , and and Survey Map and Plans for Seavue, A Condominium recorded under Snohomish County Auditor s File Number The original Declaration of Condominium as amended shall be of no further force and effect and is replaced in its entirety by this Declaration of Condominium. The parties signed as Declarants at the end hereof make THIS DECLARATION, to submit the property hereinafter described to the Washington Condominium Act (Revised Code of Washington, Chapter 64.32). The name of the Condominium shall be SEAVUE, A Condominium. The interest of the Declarant in the Real Property included in the Condominium is fee simple. SECTION 1. DEFINITIONS. 1.1 "The Act" shall mean the Horizontal Property Regimes Act of Washington (Condominiums) Laws of 1963, Chapter 156, as codified under RCW 64.32, and as amended from time to time. In addition, the Association adopts and incorporates the following provisions of RCW as follows: a) RCW (g), (h), (i) and (j). b) RCW Note: Two separate condominium statutes have been adopted subsequent to RCW They are RCW (effective July 1, 1990) and RCW (effective July 1, 2018). Certain provisions of those statutes apply to condominiums created under RCW for events occurring after the effective dates of the new statutes. Attached to this Declaration is Schedule 1 that lists the provisions of those statutes applicable to Seavue Condominium. This Schedule 1 may be updated from time to time. 1.2 Apartment or Unit means a part of the property (herein set forth) intended for any type of independent use, including one or more rooms or enclosed spaces located on one or more floors (or part or parts thereof) in a building, regardless of whether it is destined for a residence, an office, the operation of any industry or business, or for any other use not prohibited by law, and which as a direct exit to a public street or highway, or to a common area leading to such street or highway. Amended & Restated Declaration of Condominium - 1

9 1.2.1 The Boundaries of an Apartment or Unit are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof, and the apartment includes both the portions of the building so described and the air space so encompassed. In interpreting declarations, deeds and plans, the existing physical boundaries of the apartment as originally constructed or as reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed or depicted in the declaration, deed or plan, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown in the declaration, deed, or plan and those apartments in the building or buildings Interior Surfaces shall refer only to the unfinished interior surfaces of the perimeter walls, floors, ceilings, windows and doors of said apartment or unit and shall not include paint, wallpaper, paneling, carpeting, or other decorative finishes or fixtures. 1.3 Apartment Owner or Owner means the person or persons owning an apartment, as herein defined, in fee simple absolute or qualified, by way of leasehold or by way of a periodic estate, or in any other manner in which real property may be owned, leased or possessed in this State, together with an undivided interest in a like estate of the common areas and facilities in the percentage specified and established in the Declaration as duly recorded or as it may be lawfully amended from time to time Person shall include and mean, natural persons, partnerships, corporations, associations, trust, personal representatives, or other legal entities. 1.4 Apartment Number or Unit Number and/or Building Number shall mean the number, letter, or combination thereof designating the apartment, unit or building in both the Declaration and the Plans and Survey as duly recorded or as they may be lawfully amended Plans and Survey Map shall mean the set of Plans and Survey map to be filed simultaneously with this Declaration showing the location, boundaries and other information relating to the lands, buildings and apartment suites. 1.5 Common Areas and Facilities shall mean those portions of the condominium property (including the land described hereinafter) as are set forth in Section 6 herein and not otherwise reserved as Limited Common properties. 1.6 Limited Common Areas and Facilities shall mean and include those common areas and facilities designated in the Declaration, as it is duly recorded or as it may be lawfully amended, as reserved for use of certain apartment or apartments or units, to the exclusion of the other apartments or units. Amended & Restated Declaration of Condominium - 2

10 1.7 The Declaration shall mean this instrument by which the property is being submitted to the provisions of the Act, as hereinafter provided, and as the same may be, from time to time, lawfully amended The Declarant shall mean the persons developing the project herein (being the sole owners of the property hereinafter described), and their heirs, successors and/or assigns. 1.8 Association of Apartment (or Unit) Owners or Association shall mean all of the apartment owners acting as a group in accordance with the Bylaws and with the Declaration as it is duly recorded or as they may be lawfully amended The Bylaws means the Bylaws of the Association as initially adopted and promulgated by the Declarant, and as amended from time to time, which, with this Declaration, provided for the organization of the Homeowners Association and for the administration of the property Board of Directors shall mean the persons selected by the Declarant or elected by the Association to manage and administer the property in accordance with the Bylaws, the Declaration, and the Act, after the Declarant or his managing agent no longer provides such management and administration Temporary Board of Directors shall mean the person or persons selected to act as the Board by the Declarant to manage and administer the property until such time as the Owners elect a Board of Directors, and Declarant relinquishes authority for management and administration. 1.9 Common Expenses shall include: All sums lawfully assessed against the apartment or unit owners by the Association of Apartment or Unit Owners Expenses of administration, maintenance, repair, or replacement of common areas and facilities Expenses agreed upon as common expenses by the Association of Apartment or Unit Owners Expenses declared common expenses by the provisions of the Act, or by the Declaration as it is duly recorded, or by the Bylaws, or as they may be lawfully amended, from time to time Mortgage shall include a deed of trust. Amended & Restated Declaration of Condominium - 3

11 1.11 Mortgagee shall include a deed of trust beneficiary, and also includes a mortgagee of the condominium and a mortgagee of an apartment or unit Mortgagee of the Condominium shall mean the holder of a mortgage on the real property which this Declaration affects, which mortgage was recorded prior to the recordation of this Declaration. The term mortgagee of the condominium does not include mortgagees of the individual apartments or units Mortgagee of an Apartment or Unit shall mean the holder of a mortgage on an apartment or unit, which mortgage was recorded simultaneously with or after the recordation of this Declaration. Unless the context required otherwise, the term Mortgagee of an Apartment shall also be deemed to include the mortgagee of the condominium Mortgage Foreclosure shall include a deed of trust sale and a deed given in lieu of such foreclosure or sale, and a forfeiture of a real estate contract Voting Power; Voting Percentages (or combination of terms relating to voting power) shall, throughout this instrument and Bylaws (except for the votes required to amend the Declaration, per Article 21) refer to that percentage of weighted votes as set forth and expressed in Article 8 herein, or as the same may be amended Majority or Majority of Apartment Owners shall mean the apartment owners with fifty-one percent or more of the votes in accordance with the percentages assigned in the Declaration, as duly recorded or as it may be lawfully amended, to the apartments for voting purposes "Eligible Mortgagee" means the holder of a mortgage on a Unit that has filed with the Secretary of the Association a written request that it be given copies of Notices of any action by the Association that requires consent of Mortgagees. For the purposes of this Declaration the term Eligible Mortgagee includes insurers and guarantors of mortgages. With respect to any action requiring the consent of a specified number or percentage of mortgages, the consent of only Eligible Mortgagees holding a first lien mortgage need be obtained and the percentage shall be based upon the votes attributable to the Units with respect to which eligible mortgages have an interest. SECTION 2. INTERPRETATION. 2.1 Liberal Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of this Horizontal Property Regime under the provisions of Washington Law. It is intended and covenanted also that, insofar as it affects this Declaration and condominium, the provisions of the Act referenced herein under which this Declaration is operative, shall be liberally construed to effectuate the intent of this Declaration insofar as reasonably possible. 2.2 Consistent with Act. The terms such as, but not limited to, apartment, Amended & Restated Declaration of Condominium - 4

12 apartment owner, association of apartment owners, building, common areas and facilities, common expenses, land, limited common areas and property, used herein are intended to have the same meaning given in the act unless the context clearly requires otherwise or to so define the terms would produce an illegal or improper result. 2.3 Covenant Running with Land. It is intended that this Declaration shall be operative as a set of covenants running with the land, or equitable servitude, supplementing and interpreting the Act, and operating independently of the Act should the Act be, in any respect, inapplicable. 2.4 Apartment and Building Boundary. In interpreting the Survey Map and Plans, the existing physical boundaries of the building and each apartment as constructed shall be conclusively presumed to be its boundaries. 2.5 Percentage of Mortgagees. For purposes of determining the percentage of Eligible Mortgagee approving a proposed decision or course of action in cases where a mortgagee holds first mortgages on more or one apartment, such mortgagee shall be deemed a separate mortgagee for each such first mortgage so held. 2.6 Declarant is Original Owner. Declarant is the original of all apartments and property and will continue to be deemed the owner thereof except as conveyances or documents changing such ownership regarding specifically described apartments are filed of record. SECTION 3. DESCRIPTION OF LAND ON WHICH THE BUILDING(S) AND IMPROVEMENTS ARE, OR ARE TO BE, LOCATED. Situate in the County of Snohomish, State of Washington, more particularly described as follows: Lot 8, Block 1, South Park Addition to Edmonds, according to the plat thereof recorded in Volume 8 of plats, on page 13, records of Snohomish County, Washington. Except for portion deeded to the State of Washington for Highway purposes (SR 104) Subject to easements and restrictions of record. SECTION 4. DESCRIPTION OF BUILDING(S) 4.1 There is one apartment building located on the real property described in the foregoing Article 3. The building contains three (3) stories and a basement. The building contains eighteen (18) apartments. The principal materials used in the construction of the building are wood frame, stucco and concrete. SECTION 5. DESCRIPTION OF APARTMENTS Amended & Restated Declaration of Condominium - 5

13 5.1 Introduction. The following is a statement of the numerical designation of each apartment, a statement of its location, approximate area, number of rooms and immediate common area to which it has access, and such other data necessary for its identification: Apartments 100 through and including 105: Location: Each of these apartments is located on the first floor of said apartment building. Each of these apartments has a floor elevation of feet and a ceiling elevation of feet. Apartments 100, 102 and 104 are located on the northerly half of the first floor of the Apartment Building. Apartment 100 is the most westerly apartment of this group of apartments, with Apartments 102 and 104 being located to the east of Apartment 100, adjacent one to another, in numerical order, with Apartment 104 being the most easterly of said apartments. Apartments 101, 103 and 105 are located on the southerly half of the first floor of said Apartment Building. Apartment 101 is the most westerly of this group of apartments, with apartments 103 and 105 being located to the East of Apartment 101, adjacent one to another, in numerical order, with Apartment 105 being the most easterly of said apartments. Area: Number of Rooms: Apartment 100 contains 1407 square feet. Apartment 101 contains 1374 square feet. Apartment 102 contains 1267 square feet. Apartment 103 contains 1245 square feet. Apartment 104 contains 1537 square feet. Apartment 105 contains 1396 square feet. Apartments 100, 101 and 103 each contain a living room with dining area, a kitchen with eating area, two bedrooms, two baths, utility room. Apartment 102 contains a living room with dining area, a kitchen, two bedrooms, two baths, and a utility room. Apartments 104 and 105 have a living room, a formal dining room, kitchen with eating area, two bedrooms, two baths, and a utility room. Each of these apartments has a fireplace in the living room, an entry way, and miscellaneous halls and closets. Apartments 200 through and including 205: Location: Each of these apartments is located on the second floor of said apartment building. Each of these apartments has a floor elevation of feet and a ceiling elevation of feet. Apartments 200, 202 and 204 are located on the northerly half of the second Amended & Restated Declaration of Condominium - 6

14 floor of the Apartment Building. Apartment 200 is the most westerly apartment of this group of apartments, with Apartments 202 and 204 being located to the east of Apartment 200, one to another, in numerical order, with Apartment 204 being the most easterly of said apartments. Apartments 201, 203 and 205 are located on the southerly half of the second floor of said Apartment Building. Apartment 201 is the most westerly of this group of apartments, with Apartments 203 and 205 being located to the east of Apartment 201, adjacent one to another, in numerical order, with Apartment 205 being the most easterly of said apartments. Area: Apartment 200 contains 1407 square feet. Apartment 201 contains 1374 square feet. Apartment 202 contains 1267 square feet. Apartment 203 contains 1245 square feet. Apartment 204 contains 1537 square feet. Apartment 205 contains 1396 square feet. Number Of Rooms: Apartments 200, 201 and 203 each contain a living room with dining area, a kitchen with eating area, two bedrooms, two baths, and a utility room. Apartment 202 contains a living room with a dining area, a kitchen, two bedrooms, two baths and a utility room. Apartments 204 and 205 have a living room, a formal dining room, kitchen with eating area, two bedrooms, two baths, and a utility room. Each of these apartments has a fireplace in the living room, an entry way, and miscellaneous halls and closets. Apartments 300 through and including 305: Location: Each of these apartments is located on the third floor of said apartment building. Each of these apartments has a floor elevation of feet and a ceiling elevation of Apartments 300, 302 and 304 are located on the northerly half of the third floor of the Apartment Building. Apartment 300 is the most westerly apartment of this group of apartments, with Apartments 302 and 304 being located to the east of Apartment 300, adjacent one to another, in numerical order, with Apartment 304 being the most easterly of said apartments. Apartments 301, 303 and 305 are located on the southerly half of the third floor of said Apartment Building. Apartment 301 is the most westerly of this group of apartments, with Apartments 303 and 305 being located to the east of Apartment 301, adjacent one to another, in numerical order, with Apartment 305 being the most easterly of said apartments. Amended & Restated Declaration of Condominium - 7

15 Area: Number of Rooms: Apartment 300 contains 1407 square feet. Apartment 301 contains 1374 square feet. Apartment 302 contains 1259 square feet. Apartment 303 contains 1236 square feet. Apartment 304 contains 1529 square feet. Apartment 305 contains 1387 square feet. Apartments 300, 301 and 303 each contain a living room with dining area, a kitchen with eating area, two bedrooms, two baths, and a utility room. Apartment 302 contains a living room with dining area, a kitchen, two bedrooms, two baths and a utility room. Apartments 304 and 305 have a living room a formal dining room, kitchen with eating area, two bedrooms, two baths, and a utility room. Each of these apartments has a fireplace in the living room, an entryway, and miscellaneous halls and closets. Immediate Common Area for Access: Public streets are located on both the east and west sides of the Apartment Building. 4 th Avenue South is located on the west, and 5 th Avenue South is located on the east side of the Apartment Building. On the east side of the building there is a common entry or lobby area leading directly to a common hallway, stairs, and an elevator serving each floor and each apartment in said building. Common Access is further provided to each apartment by way of a common driveway access on the north side of the apartment building. From such common driveway access, common entries provide access to the building s common hallways and an elevator, each of which provide service to each apartment in said apartment building. SECTION 6. DESCRIPTION OF COMMON AREA AND FACILITIES. A. The land described. B. The foundations, columns, girders, beams, supports, main walls (excluding nonhearing interior partitions of apartments), roofs, halls, hallways, corridors, lobbies, stairs, stairways, fire escapes, entrances and exits of the building, walkways, and any and all other structural parts and roofs of said building unless otherwise restricted for Limited Common usage. C. Crawl spaces, rockeries, paving, plantings, and attachments to the land, natural or artificial, of and not a part of the building and not otherwise restricted to Limited Common usage. D. All general exterior and interior lights and lighting devises, including, but not Amended & Restated Declaration of Condominium - 8

16 limited to, lights for hallways, entrances and exits, and parking area lights, concrete walkways and retaining walls, fence, and light standards in common parking area. E. Duct work, wiring and/or other general service installations located in and about the ceilings of each and every apartment and area of said building; power vaults, electrical distribution systems throughout the complex and extending through each level of said building; any underground wiring service, cables for television reception and connections to City water and/or sewer systems, and any and all security systems installed for the general benefit of all owners. F. The eighteen (18) open common parking areas located on the north and south west part of the property. G. All common driveways, entry areas, retaining walls, the common elevator, elevator equipment room, meter room, common lobby, recreation room and facilities, Jacuzzi bath and facilities, and a common storage room on the third floor. I. All other parts of the property and building necessary or convenient to its existence, maintenance, safety and use, which are not otherwise classified. SECTION 7. DESCRIPTION OF LIMITED COMMON AREAS AND FACILITIES AND DESIGNATION OF APARTMENTS TO WHICH THEIR USE IS RESERVED. A. A private deck adjoins each of the eighteen (18) apartments. Each deck is a Limited Common Area, reserved for the exclusive use of, and appurtenant to, the respective apartment which is adjacent. These are all wooden decks. To preserve and protect the view of adjoining apartments, and to preserve the overall appearance of the building, no installation, natural or artificial, shall be installed or permitted to exist on, or extend from, said decks, without prior written permission of the Board of Directors of the Association of Apartment Owners. B. At the basement level of the Apartment building, there are sixteen (16) single car garages. On the north side of the property there are two (2) uncovered parking areas (designated as Open Parking, Limited Common Area). Each apartment has one parking area, either a garage or an open Limited Common Parking area. Each parking space, as assigned, is a Limited Common Area reserved for the exclusive use of the apartment to which it has been assigned. Each of the parking spaces has been assigned as follows: Apartment No. Parking Space 100 G G G G P P G-200 Amended & Restated Declaration of Condominium - 9

17 201 G G G G G G G G G G G-305 C. On the first floor there is a storage area reserved for Apartment 104 inasmuch as it has an uncovered parking space. This is Limited Common Area reserved exclusively for the owner of Apartment 104. Similarly, on the second floor, there is a storage area reserved for Apartment 105. This is a Limited Common Area, reserved exclusively for the owner for the owner of Apartment 105. SECTION 8. VALUE OF THE PROPERTY, OF EACH APARTMENT, AND THE PERCENTAGE OF UNDIVIDED INTEREST IN THE COMMON AREAS AND FACILITIES. 8.1 Value of Property. The value of the property is $1,703, Percentages Not Affecting Sales Prices. The values set forth below are for the purposes of establishing percentages of common ownership and voting, and do not necessarily reflect the present or future sale price of any apartment unit. 8.3 Apartment No., Value, Percentage of Interest The value of each apartment and the percentage of undivided interest in the common areas and facilities appertaining to each apartment and its owner for all purposes, including voting, is as follows: Apartment No. Value Percentage of Interest 100 $91, $91, $75, $75, $76, $77, $118, Amended & Restated Declaration of Condominium - 10

18 201 $103, $98, $77, $92, $79, $128, $120, $116, $77, $123, $81, TOTAL $1,703, % SECTION 9. PURPOSES AND USES FOR WHICH THE BUILDING(S), EACH OF THE APARTMENTS, COMMON AND LIMITED COMMON PROPERTY ARE INTENDED AND RESTRICTED 9.1 Residential Purposes. The buildings are to be used primarily for residential purposes. 9.2 Single Family; Management Apartment. The apartments are intended for and restricted to use as single family dwellings; provided, however, said owners of the property above described shall have the right to designate and use of the said apartments to carry on the normal management functions of the condominium. 9.3 Common Areas; Ingress and Egress. Common driveways, halls, lobbies, corridors, walks, stairways shall be used exclusively for normal ingress and egress to and from the said buildings, apartments and other structures on the premises, and no obstructions shall be placed thereon or therein. Other common areas shall be subject to rules and regulations from time to time prescribed by the Association of Apartment Owners or its Board of Directors, as provided in the Bylaws of the said Association. 9.4 Parking Spaces; Purposes and Restrictions. Parking spaces are restricted to, and intended for the sole use of, operative automobiles only. Storage of personal effects of owners, including but not limited to, campers, trailers, boats, cycles, and other material or equipment is prohibited unless otherwise permitted, in writing, by the Board of Directors of the Association of Apartment Owners, and as may be amended from time to time, by the said Board. The Board may require removal of non-operative automobiles and/or personal effects or other equipment improperly stores in said parking space. In the event the same is not removed, after written notice to party in violation, the Board may cause the removal of such equipment at the rise and expense of the owner thereof. 9.5 Maintenance and Modification of Units and Limited Common Areas Amended & Restated Declaration of Condominium - 11

19 9.5.1 Maintenance of Unit. Each unit Owner shall, at his sole expense, keep the interior of his unit, all parts of its related limited common or exclusive use areas, and the equipment, appliances, and appurtenances relating thereto, in good order, condition, repair and appearance. Each unit owner shall be responsible for the maintenance, repair or replacement of any plumbing fixtures, water heaters, fans, heating or other equipment, fireplaces and flues, electrical fixtures or appliances which may be in, or are part of, his unit or assigned to his unit as a limited common area. And, respecting any such items which may be connected with a unit, or the unit itself, Board rules and regulation may permit, require, or prohibit actions by an owner to assure compliance with this section Right to Modify Unit. Without limiting the generality of the foregoing, each unit owner may, at his sole cost and expense, maintain, repair, paint or finish, refinish or change surfacing of the interior surfaces of the ceilings, floors, window frames, (but not the windows), doors, trim and the perimeter walls of his unit, provided that hard surface flooring not originally installed by Declarant may not be installed without the prior written approval of the Board of Directors. Each unit owner may alter, substitute, add or remove any fixtures attached to said ceilings, floors or walls. This section shall not be construed to permit interference with or damage to the structural integrity of the buildings or interference with the use and enjoyment of the common areas and facilities, or of the other units, or to authorize without Board of Directors approval, and approval in accordance with law, intrusion into the common or limited common areas, or any waste. Any modification must conform to applicable codes. 9.6 Architectural Control of Appearance of Buildings and Units Maintenance. In order to preserve the uniform appearance of the buildings, and the common and limited areas and facilities, particularly those visible to the public, the Board may require and provide for the painting and finishing of the buildings, balconies, or other common or limited common areas and facilities, and prescribe the type and color of the surfaces and finishes. It may prohibit, require or regulate any modification or decoration of the buildings, balconies, or other common or limited common areas and facilities, including any such items as screens, doors, awnings, rails or other portions of each unit and the building visible from the exterior. The Board of Directors may regulate and control the items stored in or used on the limited common areas in order to preserve the good appearance, safety, and condition of the entire development. In addition, this regulatory power extends to the control of the color of draperies and under-drapes or draper linings of each unit. Only glass approved in writing by the Board or Declarant prior to Board may be installed in any part of the building. 9.7 Uses Affecting Insurance. The unit owners shall not permit anything to be done or kept in the units or in the common or limited common areas and facilities which will increase the insurance premiums for the development or result in the cancellation of insurance on any part of the development without the consent of the Board. The Board shall not agree to cancellation of the insurance coverages unless substitute coverage as provided for in this Declaration is obtained. Amended & Restated Declaration of Condominium - 12

20 9.8 Signs. No signs of any kind shall be displayed to the public view on or from any unit or from the common or limited common areas or facilities without the consent of the Board or pursuant to rules and regulations adopted for the Association. 9.9 Offensive Activity. No noxious or offensive activity shall be carried on in any unit or common or limited common areas and facilities nor shall anything be done therein which may be or become an annoyance or nuisance to other unit owners, or which would be in violation of any laws Construction Work Common and Limited Common Areas. The common and limited common areas and facilities shall not be reconstructed, rebuilt, altered, removed or replaced except by the Association acting through the Board, or as and in the manner the Association acting by the Board may authorize, and such action and authorization must also be in accordance with the Act, this Declaration, and the Bylaws. This provision has no applicability ton construction activities of Declarant respecting units being sold by Declarant. In all events, all such work must comply with all applicable laws and ordinances Leasing Provisions. A. Rental of Units. A.1 Rental Defined and Regulated. The Rental of a Unit shall be governed by the provisions of the Declaration, including, without limitation, this Section. As used in the Declaration the terms to rent, renting, or rental shall refer to and include the leasing or renting of a Unit by its Owner and to the occupancy of a Unit solely by a person or persons other than its Owner, whether or not rent is paid. The rights of the Association and the obligations applicable to an Owner under this Section A shall be applicable to any Tenant who subleases a Unit or enters into an assignment of a Lease for a Unit, and the obligations of a Tenant shall likewise be applicable to the sub-tenant or assignee of a Tenant in such a situation. A.2 Lease Term Required. No Unit Owners shall be permitted to Rent or Lease less than the entire Unit or to Rent or otherwise permit his or her Unit to be used for hotel or transient purposes, which shall be defined as Rental, occupancy or use by a Tenant or other non-owner Occupant for an initial occupancy period of less than twelve (12) months. No Owner or Tenant who does not occupy a Unit as a primary residence shall cause or allow the overnight accommodation of employees or business invitees in a Unit on a temporary or transient basis. Every Lease shall be for a fixed initial term of not less than twelve (12) months or more than thirty-six (36) months. A.3 Minimum Period of Owner Occupancy Required. It is the intent of the Owners that the Units shall hereafter be acquired for occupancy by their Owners and occupied consistent therewith. In order to discourage the acquisition of Units in the Condominium for investment or rental purposes, no Owner shall be permitted to rent or lease his or her Unit during the two (2) year period after he or she shall have acquired title thereto. Amended & Restated Declaration of Condominium - 13

21 If a person or persons acquires a Unit through inheritance, that person or persons shall be deemed to have owned and occupied that Unit during the period which their decedent owned and occupied the Unit. A.4 Lease Requirements. No Rental of a Unit shall be valid or enforceable unless it shall be by means of a written instrument or agreement between the Owner(s) and the Tenant(s) (referred to in the Declaration as a Lease ). No Lease entered into after the date of recording of this Amendment shall be valid unless it bears the written approval by the Association granted prior to the occupancy of the Tenant. The occupancy of a Unit in the Condominium and every Lease shall be subject to the Governing Documents of the Association. By entering into occupancy of a Unit, a Tenant agrees to be bound by the Governing Documents. The Association shall have and may exercise the same rights of enforcement and remedies for breach of the Governing Documents against a Tenant as it has against an Owner. Each Lease shall contain language acknowledging the Association s rights and the Tenant s obligations under the Governing Documents. A.5 Limitations on Leasing. Except as provided in Paragraph A.9, a Unit may not be leased more than two times during a fifteen (15) year period. Once a lease term expires the Unit may not be leased again until twenty-four months has passed. Rental leases may not be consecutive. A.6 Lease Approval. Except as provided in Paragraph A.9, prior to the Rental of a Unit in the Condominium to a Tenant, and prior to the renewal of any previously approved Lease, a Unit Owner shall submit to the Association a valid and binding Lease, executed by both the Owner and the proposed Tenant, and contingent only on the approval of the Association, together with a request for the written consent of the Association. No lease renewal may be granted if the Unit has been leased for 36 months or more or the renewal will allow the unit to be leased for more than 36 months. After a Unit has been leased for 36 or more months the Unit shall be placed at the bottom of the Rental Waiting List. The Association shall, as expeditiously as practical but in any event within seven (7) days of receipt of such request, grant its consent to the Owner if: A.6.1 the Owner has complied with Sub-section A.5 and A.6 of the Declaration; A.6.2 in the case of a renewal, the Tenant is in strict compliance with all provisions of the Governing Documents, and has not been found to be in violation of the Governing Documents following notice and opportunity to be heard more than once during the immediately preceding year; A.6.3 the Lease contains a Lease Addendum in the form approved by the Association or is otherwise in compliance with the requirements of the Declaration; Amended & Restated Declaration of Condominium - 14

22 A.6.4 the Rental would not cause the aggregate number of all non-owner occupied Units to exceed the Rental Ceiling specified in Paragraph A.7, below; provided, however, that: A the Association shall not withhold consent for an Owner and a Tenant to renew or re-let the Unit having a Pre-Existing Lease meeting the requirements of Paragraph A.9 merely because the number of non- Owner occupied Units is equal to or greater than the Rental Ceiling; provided, however, that the sale or transfer of ownership of a Unit by an Owner (including transfer through inheritance upon death of an owner) shall terminate the right to renew a previously approved lease under this Sub-Paragraph; A the Association shall not withhold consent for a Mortgagee in possession of a unit following a default in its Mortgage or a Mortgage Foreclosure, or from a successor in interest to such Mortgagee, where such Mortgagee first obtains possession subsequent to the date of recording of this Amendment, to rent a Unit merely because the Rental would cause the number of non-owner occupied Units to exceed the Rental Ceiling. A.7 Rental Ceiling Set. Except as provided in Paragraph 9.11.A.9, the maximum number of non-owner occupied Units in the Condominium at any one time shall not exceed two (2) (referred to in the Declaration as the Rental Ceiling ). A.8 Effect of Rental Ceiling. If an Owner wishes to rent a Unit but is prohibited from doing so because of the Rental Ceiling, the Association shall place the Owner s name on the Rental Waiting List provided for in Paragraph 9.11.A.10. A.10 Pre-existing Leases. Within thirty (30) days from the date of notification to all Owners that this Amendment to the Declaration has been adopted by the necessary percentage of Owners, each Owner who has rented a Unit to a Tenant who was in occupancy prior to the date on which this Declaration Amendment was approved by the Owners shall file a copy of the Lease for that Unit with the Association. A Lease in effect on that date and submitted as required in this Paragraph shall be referred to as a Pre-existing Lease. Any Tenant occupying a Unit pursuant to a Pre-existing Lease shall be permitted to renew his or her Lease thereafter or relet the premises, provided that a copy of the Pre-existing Lease is filed with the Association within the time period provided for in this Paragraph and any subsequent renewals or relets are submitted to the Association for approval within thirty (30) days of the expiration of the Lease term then in effect. The sale or transfer of a Unit by its Owner (including transfer through inheritance upon death of an owner) shall Amended & Restated Declaration of Condominium - 15

23 terminate the right to renew a Pre-existing Lease under this Paragraph A.9. A.10 Rental Waiting List. Except as provided in Paragraph A.6, if a Rental Waiting List exists, (and except for pre-existing leases which shall not be subject to this section), no Lease or Lease renewal shall be approved for an already rented Unit until all owners who have previously applied for the approval of a Lease have been given the opportunity to rent their Units. Each Unit Owner who has rented his or her Unit shall promptly give notice to the Association of any expiration and nonrenewal or other termination of a Lease. An Owner whose Lease has expired and not been renewed by the Tenant, or whose Lease has otherwise been terminated, or whose Unit will be vacated and available for Rental within the next thirty (30) days, shall give notice of that expiration and non-renewal, termination or vacation to the Association within five (5) days of the time that the Owner learns of those circumstances. That Owner may, at the later of the time of notice to the Association or sixty (60) days prior to the scheduled expiration and non-renewal or other termination of a Lease on another Unit, have his or her name placed on the Rental Waiting List. Within ten (10) days of receipt of such notice, or not more than sixty (60) days prior to the scheduled expiration and non-renewal or other termination of a Lease on another Unit, whichever is later, the Association shall notify the Owner in the next available position on the Rental Waiting List of the opportunity to apply for consent to a Lease. That opportunity to rent shall be available to that Owner for a period of sixty (60) days from the date of that notice. If no request for approval to Lease is submitted during that period, that Owner s name shall be placed at the bottom of the Rental Waiting List, and the opportunity to rent shall be offered to the next highest person on the Rental Waiting List. A.11 Rental Processing Fees. The Board shall be authorized from time to time to establish and charge reasonable fees in connection with the rental of Units, the maintaining of Tenant information and the rental waiting list, and the screening of Tenants to defray the added administrative costs of such activities. Such fees shall be defined in the Lease Addendum. Such fees shall be collectable as a special Assessment against the Unit and its Owner. A.12 Governing Documents to Be Provided to Tenants. Each Unit Owner who Rents or Leases a Unit in the Condominium to a Tenant or allows the occupancy of a Unit by a Related Party shall provide that Tenant or Related Party with a copy of the Declaration, By-Laws and Rules. If the Unit Owner fails to provide written evidence to the Association that it has done so, the Association may furnish a copy of these documents to the Tenant or Related Party and charge the Owner an amount to be determined by the Board for each document provided. Unless otherwise set by the Board, the copying charge shall be twenty-five cents ($.25) for each page copied. The copying charge shall be collectable as a special Assessment against the Unit and its Owner. Amended & Restated Declaration of Condominium 16

24 A.13 Non-Discrimination. Neither the Association nor any Unit Owner shall discriminate against any person with regard to the sale, rental or occupancy of a Unit in the Condominium on the basis of race, color, creed, national origin, age, sex, sexual orientation, religion, familial status, marital status, parental status, political ideology, handicap, possession or use of a Section 8 rent certificate, or any other legally protected classification. A.14 Notice of Conveyance Required by Owner. A.14.1 The right of a Unit Owner to sell, transfer, or otherwise convey the Unit shall not be subject to any right of approval, disapproval, first refusal, or similar restriction by the Association of the Board, or anyone acting on their behalf. A.14.2 Any Owner who sells, transfers or otherwise voluntarily conveys his or her interest in a Unit shall notify the Board in writing of the name and address of the new Owner. An Owner shall remain jointly and severally liable with the new Owner for any Assessments which come due after the transfer of interest and before the notice required in this Paragraph has been given, without prejudice to the grantor s right to recover from the grantee the amounts paid by the grantor for Assessments coming due after the date of transfer. A.15 Notices re Occupancy Changes. The presence and movement of persons in and out of Units shall be governed by the provisions of the Sub-section A.15. A.15.1 Registration of Pre-Existing Occupants. All Occupants occupying Units at the time this amendment is adopted must be registered with the Board within thirty (30) days of the adoption of this amendment. As used in this Sub-section, the term registration shall mean the filing by the Owner with the Board or its authorized representative of a written statement setting forth the following information: A the name, telephone numbers, and correct street address of the Owner of the Unit; A the Unit number and names and telephone numbers of all Occupants of the Unit other than the Owner, and A any other information regarding the Occupants of the Unit which shall be reasonably required by the Board. A.15.2 Registration of New Occupants. All Owners must register new Occupants with the Board at the time they move in or within forty- Amended & Restated Declaration of Condominium 17