Rules & Regulations – The Quarters
ARTICLE VI
(for a complete copy of the Rules and Regulations, contact Continental Properties)
RESTRICTIONS ON USE OF THE CONDOMINIUM AND ON SALE AND LEASING OF UNITS
Section 6.1. General Restrictions on Uses of Units, Common Elements and Limited Common Elements.
Section 6.2. Lease of Units
Section 6.3. Restrictions on Uses of Patio Areas and Balcony Areas.
Section 6.4. Additional Restrictions on Sale or Lease of Units.
Section 6.1. General Restrictions on Uses of Units, Common Elements and Limited Common Elements.
Units in the Condominium (with the exception of any Units during the time period when they are being used by Declarant as a Sales Office or as a sample or model for either or both sales or leasing activities) are restricted to residential use and may not be used for any other purposes by the Unit Owner or any future Unit Owner. No commercial, industrial, recreational or professional business shall be carried on in any Unit at any time.
No Unit Owner may obstruct the Common Elements or the Limited Common Elements in any way. Except as otherwise provided herein or in the Rules and Regulations, no Unit Owner may store anything in or on the Common Elements or the Limited Common Elements without the prior written consent of the Executive Board.
The Common Elements (other than the Limited Common Elements and such other portions of the Premises as to which the Executive Board may, from time to time, limit or control access by the Unit Owners or other occupants of Units, or both) shall be used only for the benefit or enjoyment of the Unit Owners and the occupants of all Units. No Unit Owner may carry on any practice1 or permit any practice to be carried on, that unreasonably interferes with the quiet enjoyment by the occupants of any other Unit. The Condominium is to be maintained in a clean and sanitary condition, and no Unit Owner may place any garbage, trash or rubbish anywhere in the Condominium other than in his own Unit and in or on such parts of the Common Elements as may be designated for such purpose by the Executive Board.
(d) No Unit shall be used, occupied or kept in a manner which in any way would create a nuisance to another Unit Owner or increase the fire insurance premiums tor the Condominium without the prior written permission of the Executive Board, which permission may be conditioned upon the Owner of such Unit being required to bear the full cost of such increase. No Unit or any part of the Common Elements shall be used, occupied or kept in a manner that violates any law, statute, ordinance or regulation of any governmental body or that leads to the cancellation of any hazard insurance policy or policies on the Condominium.
No Unit Owner (other than Declarant in connection with its marketing and sale of the Unlts, including traffic directional signs, identification signs, and any other signs Declarant deems necessary for marketing and construction) may erect any sign on or in his Unit or any Limited Common Element and visible from outside his Unit or from the Common Elements, without in each instance having obtained the prior written permission of the Executive Board. This provision is not intended to prevent the Executive Board from maintaining on the Common Elements a register of Unit occupants, or owners or both.
(f) Upon compliance with the requirements of Section 3213(3) of the Act and subsection 6.l.(h) of this Declaration, two or more entire adjacent Units may be combined into a larger Unit, without the necessity of obtaining any other approvals of the Association, provided that allot such combined Units are under common ownership at the time of effecting such combination. Upon the completion of such combination, the Percentage Interest in the Common Elements appertaining to such combined Unit shall be the sum of the respective Percentage Interests in the Common Elements appertaining to each of the Units that have been combined and the liability for Limited Elements relating to such combined Unit shall be the sum of the amounts of such liability had such Units not been combined. The Unit Identifying Numbers of combined Units shall consist of the number component for each Unit Identifying Number, separated by a slash. By way of illustration, if Units having Unit Identifying Numbers of “102” and “103” were to be combined, the Unit Identifying Number of the combined Unit would be “102/103”.
No Units may be divided or subdivided into a smaller Unit or any portion thereof.
Any Unit Owner who wishes to make any change in any Perimeter Wall, Perimeter Ceiling or Perimeter Floor or to perform any other Alteration to his Unit or Units shall:
(1) Refrain from making any change to any Perimeter Wall, ceiling or floor, or performing any other Alteration, that will: (i) impair one or more of the structural integrity of the Building or any mechanical or electrical system therein, (ii) adversely affect either the fire retardant or sound integrity quality of the Building in which such Unit or any adjacent Unit is located; (iii) lessen the support of any portion of the Building in which such Unit is located; (iv) violate any applicable law, ordinance or governmental rule, regulation or order; or (v) increase the cost of any insurance policy then owned by another Unit Owner or the Association; and
(2) Obtain the approval of the Executive Board twhich approval shall not be unreasonably withheld or delayed if the proposed Alteration will comply with all other applicable requirements of the Act and this Declaration and will not adversely effect any adjacent Unit) for any Alteration prior to the commencement of any such Alteration; and
( 3) Expeditiously complete all Alterations: (i) using a qualified contractor approved by the Executive Board and specifications therefor that have been prepared at such Unit Owner’s expense and that have been approved by the Executive Board prior to the commencement of such Alteration; and (iii) without incurring any mechanics’ or materialmen’s liens; and
(4) Pay the full cost of performing all such Alterations; and
(5) Pay all costs and expenses incurred in connection with the preparation, review, execution and recording of any amendment to the Declaration (including the Plats and Plans) needed in order to reflect the condition of
the Building after completion of such Alterations, which amendment shall be recorded by the Executive Board if such amendment confor~s to the requirements of the Act and if such amendment is approved in writing by all Owner(s) of all Units the appearances of which on such amendment differ from their respective appearances on the Plats and Plans prior to such amendment, and such amendment shall not require any additional authorization or approval, except as may be required pursuant to the provisions of Section 8.4 of this Declaration; and
(6) Secure all necessary permits prior to performing all such Alterations and submit copies of the permits to the Executive Board prior to performing Alterations.
(i) Nothing shall be done or be permitted to be done that would jeopardize the soundness or safety of the Building or impair any easement or hereditament therein without the consent of all Unit Owners and all holders of Permitted Mortgages.
(j) Installation, removal, reconstruction or repair of any electrical, telephone, telegraph or other signal transmission lines; electrical outlet boxes or terminal devices included in such outlet boxes; any item of heating or air conditioning equipment; or any ventilation or exhaust ducts or related equipment, any of which is Located within an interior partition of a Unit or within the ceiling above a Unit, may be undertaken by the Unit Owner of such Unit only after application has been made to and written approval has been received from the Executive Board. Such approval shall be granted only if the work performed shall be of similar or superior quality to that then prevailing in the Building and shall be performed by qualified personnel. The cost of such installation, removal, reconstruction or repair, whether undertaken by a Unit owner or by the Association (under procedures to be established by the Executive Board) shall be borne by the Unit Owner of the Unit benefited thereby, In addition to the foregoing requirements, Unit Owners May not remove, reconstruct, relocate or repair telephone junction boxes located in a Unit which are Limited Common Elements appurtenant to one or more adjacent Units without the prior consent of the Executive Board.
(k) Unless otherwise provided by the Executive Board, no dogs are permitted anywhere in the Condominium, except tor guide dogs used by the blind.
(l) Reasonable Rules and Regulations not in conflict with the provisions of this Declaration, concerning the use and enjoyment of the Premises may be promulgated from time to time by the Executive Board, subject to the right of a majority of Unit owners to change such Rules and Regulations. Copies of the then current Rules and Regulations and any amendments thereto shall be furnished to all Unit Owners by the Association promptly after the adoption of such Rules and Regulations and any amendments thereto.
(m) The owner of a Unit shall be responsible for maintaining such Unit in good order and repair, at the expense of such owner.
(n) The owner of a Unit shall be responsible for the cleanliness of any Limited Common Element appurtenant to such Unit,
(o) No Unit Owner may install or use a clothes washing machine or clothes dryer in his Unit except in the laundry room designated on the Plats and Plans.
(p) No individual, except as authorized by the Executive Board, may go at any time upon the roof of any portion of any Building, except in an emergency.
(q) No water beds or other furniture filled with a liquid or semi-liquid solution shall be installed or used in any Unit.
(r) Unless otherwise provided by the Executive Board, the floor areas (including stairs of all Units other than terrace level (ground floor) Units must have wall-to-wall carpet supported by high density padding of at least the quality provided by Declarant; except that such requirement shall not apply to laundry rooms, kitchens, bathrooms, and entry door landings serving a Unit which ls above terrace level (ground floor).
Section 6.2. Lease of Units
Any lease or sublease of less than an entire lease or sublease of less than an entire Unit is prohibited. A Unit owner may lease or sublease all, but not less than all, of his Units at any time and from time ti time, provided that:
(a) No Unit may be leased of subleased for an initial term of less than (1) year or without a written lease of sublease, or both. (b) A copy of such lease or sublease (other than leases or subleases entered into by Declarant) shall be furnished to the Executive Board within ten (10) days after execution thereof. (c) The rights of any lessee or sublessee of any Unit (under a lease or sublease whose current term or current renewal or extension thereof commences on or after the date of recordation of this Declaration) shall be subject to, and each lessee or sublessee shall be bound by, the covenants, conditions and restrictions contained in this Declaration; provided, however, that the foregoing shall not impose any direct liability on any lessee or sublessee of a Unit to pay any Assessments on behalf of the owner of that Unit.
(d) The Condominium Association approves the Lease in accordance with Section 6.4 of this Declaration. Notwithstanding the foregoing: (i) the provisions of subsection 6.2(a) hereof shall not apply to Units leased or subleased by Declarant, and (ii) none of the provisions of subsections 6.2(a), 6.2(b), and 6.2(d) of this Declaration shall apply to either (A) the holder of a Permitted Mortgage who is in possession of a Unit following (xJ a default in such Permitted Mortgage, (y) a foreclosure proceeding with respect thereto or (2) the delivery of a deed in lieu of foreclosure with respect thereto; or (B) Declarant prior to the first conveyance of a Unit to a Person other than Declarant.
Section 6.3. Restrictions on Uses of Patio Areas and Balcony Areas.
(a) Unit Owners may not make any modification to the Balcony Area or the Patio Area that is visible from the ground or from any other Unit or that results in a change of the physical appearance of the Building. These prohibited modifications include, without limitation, changing the appearance of the Building walls and railings, and hanging, affixing or suspending any object to or from any such wall or railing, or the lower surface of any balcony or other portion of the Building that overhangs another Balcony or Patio Area.
(b) Unit owners may not store firewood in or on any Patio Area or Balcony Area if the volume of such firewood is greater than ten (10) cubic feet nor light nor maintain fires (whether for cooking or other purposes) therein or thereon, provided, however, that electric barbecue grills are not prohibited by this subsection 6.3.(b).
(c) Each Unit Owner shall take whatever steps may be necessary to prevent any object from falling from the Balcony Area adjacent to his Unit, and shall be liable for any damage or injury caused by any object falling from such Balcony Area.
Section 6.4. Additional Restrictions on Sale or Lease of Units.
No Unit Owner other than declarant or the holder of a Permitted Mortgage granted by Declarant who is in possession of a Unit following {x} a default in such Permitted Mortgage, (y) a foreclosure proceeding with respect thereto or (2) the delivery of a deed in lieu of foreclosure with respect thereto may sell or lease his Unit or any interest therein except by complying with the provisions of this Section 6.4.
Any Unit Owner who receives a bona fide offer for the purchase of his Unit or a bona fide offer for a lease of his Unit (an “Outside Offer”) which he intends to accept, shall give notice to the Association of such offer and of such intention, the name and address of the proposed purchaser or lessee, and such other information as the Association may reasonably require to determine whether the proposed purchaser or lessee will meet the restrictions imposed by Section 17.1 of this Declaration on occupancy of Units.
The giving of such notice shall constitute a warranty and representation by the Unit owner who has received such offer, to the Association, that such Unit Owner believes the Outside Offer to be bona fide in all respects. Within twenty (20) days after receipt of such notice, the Association shall indicate by notice to such Unit Owner its approval or disapproval of the proposed sale or lease, which shall be made solely on the basis of whether the proposed occupant (in the case of a sale) or lessee meets such restrictions on occupancy of Units and (as to any lease), whether the proposed lease complies with the express provisions of this Declaration.
Such approval of the sale or lease by the Association shall be a condition precedent to the validity of such sale or lease. In the event the Association shall fail to give notice of its determination within the 20-day period, then except as provided in the next sentence the offering Unit Owner shall be free to contract to sell or lease such Unit on the terms and conditions set forth in the notice given by the offering Unit Owner to the Association with respect to such Outside Offer. Any agreement for the sale of a Unit shall contain (or, it if fails to so provide expressly, shall be deemed to contain) a representation by the grantee that the grantee intends that at least one occupant of the Unit will be 55 years of age or older.
The Association shall have the power to terminate by injunctive proceedings or otherwise, the occupancy of a Unit in the event of violation by a Unit Owner of the rules with respect to occupancy of a Unit set forth in Section 17.1 of this Declaration.
Failure to terminate or enjoin such a violative occupancy pursuant to the preceding sentence shall not be deemed to constitute approval by the Association of any transfer which fails to comply with the provisions of this Declaration. Any deed to an Outside Offerer shall provide that the acceptance thereof by the grantee shall constitute an assumption of the provisions of this Declaration as the same may be amended from time to time.
Any lease of a Unit shall be consistent with this Declaration, and shall provide tor if it fails to so provide expressly, shall be deemed to provide) that the tenant shall not sublet the demised premises, or any part thereof, without the prior consent in writing of the Association, and that the Association shall have the power to terminate such Lease or bring summary proceedings to evict the tenant in the name of the landlord thereunder, in the event of violation by the tenant of the rules with respect to occupancy of a Unit set forth in Section 17.1 of this Declaration.
In the event the offering Unit owner shall not contract to sell such Unit together with the appurtenant Percentage Interest, or to lease such Unit, as the case may be, to the Outside Offerer on the terms and conditions contained in the Outside Offer, or if the Unit Owner shall so contract to sell or lease his Unit, but such sale or lease shall not be consummated pursuant to the terms of such contract, then if such offering Unit Owner thereafter elects to sell or lease such Unit, as the case may be, to the same or another Outside Offeror on the same or other terms and conditions, the offering Unit owner shall comply with all of the terms and provisions of this paragraph.
Any purported sale or lease of a Unit in violation of this section shall be void and of no effect.