USE RESTRICTIONS ON UNITS AND COMMON ELEMENTS Section 1. Use Restrictions. Each Unit and the Common Elements shall be occupied and used as follows: (a) No Unit shall be used for other than housing and the related common purposes for which the Condominium was designed. The Board of Directors may permit reasonable, temporary non residential uses from time to time in any Unit. Nothing in these By Laws shall be construed to prohibit the Declarant from using any Unit owned by Declarant for promotional, marketing, administrative office, display or other related purposes or from using any appropriate portion of the Common Elements for settlement or sales of Condominium Units. (b) Nothing shall be done or kept in any Unit, Limited Common Element or in the Common Elements that will increase the rate of insurance for the Condominium Property or any part thereof applicable for residential use without the prior written consent of the Board of Directors. No Unit Owner shall permit anything to be done or kept in his Unit or in the Common Elements which will result in the cancellation of insurance on the Condominium Property or any part thereof or which would be in violation of any law, regulation or administrative ruling. (c) No immoral, improper, offensive or unlawful use shall be made of the Condominium Property or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed. All laws, orders, rules, regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Condominium Property shall be complied with, by and at the sole expense of the Unit Owner or the Board of Directors, whichever shall have the obligation to maintain or repair such portion of the Condominium Property, and if the latter, then the cost of such compliance shall be a Common Expense. (d) No Unit Owner shall obstruct any of the Common Elements nor shall any Unit Owner place or cause or permit anything to be placed on or in any of the Common Elements (except those areas designated for such storage by the Board of Directors) without the approval of the Board of Directors. Nothing shall be altered or constructed in or removed from the Common Elements except upon the prior written consent of the Board of Directors. (e) The sidewalks, entrances, passages, lobbies, stairways, corridors and halls, elevators and all of the Common Elements must not be obstructed or encumbered or used for any purpose other than ingress and egress to and from the premises; nor shall any Unit Owner's carriages, bicycles, wagons, shopping carts, chairs, benches, tables, or any other object of a similar type and nature be stored on the Common Elements. (f) No Unit shall be rented for transient or hotel purposes. No Unit shall be leased or rented for any period less than six (6) months. No Unit Owner shall lease a Unit other than on a written form of lease requiring the lessee to comply with the Condominium Instruments and rules and regulations, and providing that failure to comply constitutes a default under the lease. Each Unit Owner shall provide a copy of the condominium instruments to his tenants. Each Unit Owner of a Condominium Unit shall, promptly following the execution of any lease of a Condominium Unit, forward a fully executed copy thereof to the Board of Directors. The foregoing provisions of this subparagraph, except for the restriction against use for hotel or transient purposes, shall not apply to the Declarant, or a Mortgagee in possession of a Unit as a result of a foreclosure or other judicial sale or as a result of any proceeding in lieu of foreclosure. Nothing in these By Laws shall be construed to prohibit the Declarant from using any Unit owned by the Declarant or Common Element of the Condominium for promotional, marketing, administrative office, display or other related purposes or from using any Unit or portion of the Common Elements for temporary hospitality quarters for residents of the Condominium temporarily displaced by renovation activity to any other Unit in the Condominium, or for the settlement of sales of Condominium Units. (g) No commercial vehicles, trailers, campers, recreational vehicles or boats shall be permitted to be parked overnight upon any portion of the Condominium Property without the written approval of the Board of Directors. No vehicles shall remain on the Condominium premises unless they have current state license plates, county tags and a current inspection sticker. Repairing or washing of vehicles of any kind shall not be permitted upon the Condominium property. (h) The maintenance, keeping, boarding and/or raising of animals, livestock, poultry or reptiles of any kind, regardless of number, shall be and is prohibited within any Unit or upon the Common Elements, except that the keeping of up to two (2) orderly domestic pets (e.g., dogs, cats or caged birds) is permitted, subject to the rules and regulations adopted by the Board of Directors; provided, however, that such pets are not kept or maintained for commercial purposes or for breeding and provided, further, that any such pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Condominium Property upon ten (10) days' written notice from the Board of Directors. Such pets shall not be permitted upon the Common Elements unless accompanied by an adult and unless carried or leashed. Any Unit Owner who keeps or maintains any pet upon any portion of the property shall be deemed to have indemnified and agreed to hold the Condominium, each Unit Owner and the Declarant free and harmless from any loss, claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Condominium. All pets shall be registered with the Board of Directors and shall otherwise be registered and inoculated as required by law. Each pet owner shall be required to clean up to the satisfaction of Board of Directors, any and all excrement caused by his pet on the Common Elements of the Condominium. (i) Except for such signs as may be posted by the Declarant for promotional or marketing purposes, no signs of any character shall be erected, posted or displayed upon, in, from or about any Unit or Common Elements without the prior written approval of the Board of Directors. The provisions of this subparagraph shall not be applicable to the institutional holder of any first mortgage which comes into possession of any Unit by reason of any remedies provided for in the mortgage, foreclosure of any mortgage or any deed of trust or other proceeding in lieu of foreclosure. (j) Rugs or carpeting and padding shall be maintained on at least seventy-five percent (75%) of all floor surfaces (excluding foyers, kitchens, closets, and bathrooms) in Units located over other Units to adequately reduce transmission of sound between Units. The floors to be covered by rugs or carpet with padding shall include hallways and those areas within each room of the Unit which have regular foot traffic. The Board of Directors shall be the sole determiner of the adequacy of carpeting in each Unit. Except as to those major appliances as may be installed by Declarant during its initial construction of Units, or as may be installed by Unit Owners as replacements thereof, additional major appliances may not be installed in a Unit without prior written approval of the Board of Directors. (k) No Unit Owner shall allow anything whatsoever to fall from the windows or balconies of his unit, nor shall he sweep or throw from his Unit any dirt, refuse, or other substances outside of his Unit on to the Common Elements. (l) Refuse and bagged garbage shall be deposited in the area provided therefor. County recycling requirements will be complied with. (m) No clothes line or similar device shall be permitted on any portion of the Condominium Property, including Limited Common Areas. (n) No Unit Owner is or shall be permitted to install any type of fireplace within his Unit, without the prior written consent of the Board of Directors, other than that which is installed by Declarant. (o) The Board of Directors of the Association may retain a pass key to all Units. No Unit Owner or occupant shall alter any lock or install a new lock, without the written consent of the Board of Directors of the Association. Where such consent is given, the Unit Owner shall provide the Association with an additional key for the use of the Association, pursuant to its right of access. (p) No Unit Owner shall make or permit any disturbing noises by himself, his family, his servants, employees, agents, visitors and licensees, nor do or permit anything by such persons that will interfere with the rights, comforts or convenience of other Unit Owners, as may be solely determined by Board of Directors. (q) No radio-receiving, television, or electrical wiring which requires in-the-wall installation shall be made without the written consent of the Board of Directors, which may elect not to permit such installations. No antennas, aerials, or satellite dishes may be erected or installed on the exterior walls of a Unit or on the Limited Common Elements or Common Elements of the Condominium, which includes the roof, without the written consent of the Board of Directors. The Board of Directors shall comply with all Federal Communications Commission regulations. (r) Waterbeds shall not be permitted in any Unit without written consent of the Board of Directors. (s) Unit Owners and occupants shall exercise extreme care not to disturb other Unit Owners or occupants with excessive noise from the use of radios, televisions, musical instruments, amplifiers, or telephones. (t) Balconies and patios shall not be used for storage and nothing shall be hung from the railings. Nothing shall be kept on balconies or patios which is aesthetically offensive so that the exterior of the building remains neat and attractive, as may be solely determined by the Board of Directors. (u) Garage spaces may be used only for the parking of vehicles belonging to the Owner, his family, tenants or guests. (v) Unit windows shall be covered by blinds, shades, curtains or other window treatments which are white or off-white in appearance from the exterior of the building. Section 2. Rules and Regulations. Each Unit and the Common Elements shall be occupied and used in compliance with the rules and regulations which may be promulgated and amended by the Board of Directors. Copies of the rules and regulations shall be furnished by the Board of Directors to each Unit Owner. Unit Owners must provide copies to their tenants. Amendments to the rules and regulations shall be conspicuously posted prior to the time when the same shall become effective and copies thereof shall be furnished to each Unit Owner upon request. Section 3. Right of Access. By acceptance of his deed of conveyance, each Unit Owner thereby grants a right of access to his Unit, as provided by Section 55 79.79(a) of the Condominium Act and as further set forth in the Declaration to the Board of Directors or the Managing Agent, or any other person authorized by the Board of Directors or the Managing Agent, or any group of the foregoing, for the purpose of enabling the exercise and discharge of their respective powers and responsibilities, including, without limitation, making inspections, correcting any condition originating in his Unit and threatening another Unit or the Common Elements, performing installations, alterations or repairs to the mechanical or electrical services or the Common Elements in his Unit or elsewhere in the Condominium or to correct any condition which violates the Condominium Instruments; provided, however, that requests for entry are made in advance and that any such entry is at a time reasonably convenient to the Unit Owner. In case of an emergency, such right of entry shall be immediate, whether the Unit Owner is present at the time or not. Section 4. Utility Charges. The cost of utilities serving the Condominium not individually metered to a Unit shall be Common Expenses. Section 5. Parking Spaces. The Declarant will assign the use of garage parking spaces as a Limited Common Element to Unit Owners. Unassigned parking spaces are Common Elements which may be available on a first-come first-serve basis for Unit Owners or may be guest parking as the Board of Directors shall determine. The Declarant reserves the right to reserve parking spaces in conjunction with his sales program. Parking spaces assigned as Limited Common Elements may be reassigned by the Unit Owners Association pursuant to Section 55-79.57 of the Condominium Act. Parking spaces are for the exclusive use of the Declarant, Unit Owners or their tenants and guests. The cost of any repair of the parking areas shall be a Common Expense. The Board of Directors reserves the right to assign and reassign Limited Common Element parking spaces if necessary to fulfill federal, state, or local laws including, without limitation, the Fair Housing Amendments Act of 1988, as amended. If assigned a designated handicap parking space, a Unit Owner who does not hold a valid handicapped decal may have the location of his space changed by the Board of Directors, at any time and from time to time, upon reasonable notice thereof in writing. Any Unit Owner requested by the Board of Directors to relinquish or convey his Limited Common Element parking space shall promptly comply with such request and execute all documents required. The Board of Directors shall locate another parking space, if one is available, to assign as a Limited Common Element to such Unit Owner however it may be a less desirable space within the Condominium. If another parking space is not available to assign to said Unit Owner, the subsequent purchaser of the parking space shall pay to the Unit Owner, the current fair market value for the parking space. Section 6. Storage Areas; Disclaimer of Bailee Liability. Any storage cubicles or areas in the Condominium are Common Elements and may be assigned to Units as Limited Common Elements by the Declarant. Any reassignments shall be accomplished by the Board of Directors. The Board of Directors, the Unit Owners Association, any Unit Owner and the Declarant shall not be considered a "bailee" of any personal property stored on the Limited Common Elements or Common Elements (including property located in storage cubicles or areas and vehicles parked in the parking areas of the Condominium), whether or not the storage area is assigned specifically to a Unit Owner for storage purposes, and shall not be responsible for the security of such personal property, storage area or for any loss or damage thereto, whether or not due to negligence. |