PINE VIEW ESTATE CONDOMINIUM TABLE OF CONTENTS ARTICLE I Definitions...2 Section 1.01 Definitions...2 ARTICLE II Names; Designation; Location...4 Section 2.01 Names...4 Section 2.02 Designation...4 Section 2.03 Location...4 ARTICLE III Property Section 3.01 Property...4 Section 3.02 Easements, Licenses, Reservations...5 ARTICLE IV Units; Boundaries Section 4.01 Number of Units; Identification...6 Section 4.02 Boundaries...6 Section 4.03 Limited Common Elements...6 Section 4.04 Reallocation as Limited Common Elements...7 Section 4.05 Use of Units...7 Section 4.06 Separation, Combination of Units...7 ARTICLE V Allocated Interests; Governance; Assessments Section 5.01 Membership...8 Section 5.02 Votes in the Association...8 Declaration - i
Section 5.03 Common Expense Liability...8 Section 5.04 Common Element Interest...9 Section 5.05 Governance...9 Section 5.06 Assessments; Procedures...9 ARTICLE VI Common Elements Section 6.01 Designation of Common Elements...10 Section 6.02 Rights of Enjoyment in Common Elements...10 Section 6.03 Use...10 ARTICLE VII Declarant Rights; Special Declarant Rights Section 7.01 Development Rights...10 Section 7.02 Special Declarant Rights...11 Section 7.03 Declarant Control...11 ARTICLE VIII General Restrictions; Reservations Section 8.01 Restrictions on Alienation of Units; Resale...11 Section 8.02 Animals, etc....12 Section 8.03 Vehicles...12 Section 8.04 Specific Restrictions...12 Section 8.05 Allocation of Maintenance and Repair Obligations...12 ARTICLE IX Insurance Section 9.01 Coverage...13 Section 9.02 Premiums...14 Section 9.03 Payment of Deductible Amounts...14 Declaration - ii
Section 9.04 Insurance Obtained by Owners...15 ARTICLE X Protection of Mortgagees Section 10.01 Conflict...15 Section 10.02 Application of Assessments...15 Section 10.03 Limitation of Enforcement Against Mortgagees...15 Section 10.04 Notice by First Mortgagees...15 Section 10.05 Notice...15 ARTICLE XI Enforcement of Restrictions Section 11.01 In General...16 Section 11.02 Suspension of Rights and Privileges...16 ARTICLE XII Construction Defects Section 12.01 Declarant s Right to Cure Alleged Defects...19 ARTICLE XIII Permits and Approvals Section 13.01 Compliance by Association...20 ARTICLE XIV Amendments; Termination of Condominium Section 14.01 Generally...20 Section 14.02 Statutory Compliance...21 ARTICLE XV Miscellaneous Provisions Section 15.01 Invalidity...21 Section 15.02 Headings...21 Section 15.03 Incorporation by Reference...21 Section 15.04 Notices...21 Declaration - iii
Section 15.05 Successors...22 Section 15.06 Violation or Nuisance...22 Section 15.07 Interpretation, Construction, Waiver...22 Section 15.08 Occupants Bound...22 Section 15.09 Cumulative Remedies...22 Section 15.10 Attorney s Fees and Costs...23 Section 15.11 Governing Law...23 Declaration - iv
PINE VIEW ESTATES DECLARATION OF CONDOMINIUM This Declaration of Condominium for the Pine View Estates Condominium is dated October 31, 2006. The person signing this instrument is the Declarant. Recitals A. The Declarant is the owner of lands and premises in the Town of St. Albans, Vermont more particularly described in Article III, together with all easements, rights, appurtenances and improvements. B. The Declarant intends by this instrument to create a condominium in such lands and premises pursuant to 27A V.S.A. This instrument also sets forth the covenants, conditions, easements, charges, assessments, affirmative obligations and liens to be applicable to the Property. Submission and Dedication The Property, as described in Section 3.01, together with all easements, rights and appurtenances thereto, is submitted to condominium ownership, upon the terms, limitations, restrictions, covenants and conditions as set forth herein; all in furtherance of a common plan to enhance and perfect the value, desirability and enjoyment of the Property and the interests therein to be conveyed or reserved. ARTICLE I Definitions Section 1.01. Definitions. (a) The following words and terms when used in this Declaration (unless the context shall clearly indicate otherwise) shall have the following meanings: Act - The Vermont Common Interest Ownership Act, as amended from time to time Assessment - the amount due, from time to time, from an Owner to the Association on account of the Owner s Common Expense liability; special assessment, fees, charges, late charges, fines and interest; and other sums due the Association Association - Pine View Estates Condominium Association, a Vermont unincorporated association, its successors and assigns, established for the administration, management and operation of the Condominium Declaration - Page 1