- 1 - This is a sample of Condominium Bylaws for a residential condominium
association. You must modify this text to conform to your own situation,
making changes where appropriate. BY-LAWS OF ________________________________CONDOMINIUM ASSOCIATION ARTICLE I: ASSOCIATION OF CO-OWNERS. _________________________ , a residential
site condominium Project located in The City of _________________________ ,
________________________ County, ________________________ , shall be administered by an Association of Co-owners which shall be a ________________________ non-profit
corporation (the "Association") responsible for the management, maintenance, operation and
administration of the Common Elements, easements and affairs of the Project in accordance with
the Condominium Documents and the laws of the State of ________________________ . These
Bylaws shall constitute both the Bylaws referred to in the Master Deed and required by the Act
and the Bylaws provided for under the ________________________ Nonprofit Corporation
Act. Each Co-owner shall be entitled to membership and no other person or entity shall be
entitled to membership. The share of a Co-owner in the funds and assets of the Association
cannot be assigned, pledged or transferred in any manner except as an appurtenance to his Unit.
The Association shall keep current copies of the Master Deed, all amendments to the Master
Deed, and other Condominium Documents for the Project available at reasonable hours to Co-
owners, prospective purchasers and prospective mortgagees of Units in the Project. All Co-
owners in the Project and all persons using or entering upon or acquiring any interest in any Unit
or Common Elements shall be subject to the provisions and terms set forth in the Condominium
Documents. ARTICLE II: RESTRICTIONS. All of the Units in the Condominium shall be held, used andenjoyed subject to the following limitations and restrictions: Section 1. Residential Use. No Unit in the Condominium shall be used for other than single-
family residential purposes and the Common Elements shall be used only for purposes consistent
with single-family residential use. No building or structure of any kind shall be erected within a
Unit except one private residence as shown on the approved site plan for the Unit. Section 2. Architectural Control. An architectural control process has been established to assurethat _________________________ is developed in the highest quality manner consistent with
the design goals for the community as described in this Article II in order to provide for the
development and management of _________________________ as a premier residential
Community for the highest benefit and enjoyment of its residents.
_________________________ was created as an exceptional setting for custom homes of
architectural excellence amidst woodlands, meadows, streams and wetlands. The Homesites have been carefully sculpted into the rolling topography of the site to preserve the natural assets for
- 2 - the permanent enjoyment of all. These Guidelines are designed to ensure that
_____________________ is developed in the highest quality manner in harmony with the
natural features and intended character for the community. They provide helpful guidance to
future residents regarding the architectural design landscape design and construction of their
homes. Further, these Guidelines are established to ensure that the community is well
maintained, that the value of the residences is protected, and that _________________________
is a very enjoyable, peaceful place to live. No building, structure, landscaping or other
improvement shall be erected, constructed, installed or permitted to remain on any Unit or
elsewhere in the Project unless it has been approved in writing by the Association and, during the
Development Period, the Developer, and also complies with the restrictions and requirements of
the ordinances of the City of _______ and the Condominium Documents. No alteration,
modification, substitution or other variance from the designs, plans, specifications and other
materials that have been approved by the Developer shall be permitted without the Developer's written approval of that variance, regardless of the reason for the variance. The Developer
reserves the right to assign, delegate or otherwise transfer its rights and powers of approval to
any other person, including the Association. The rules and restrictions in this Article II shall
apply to all Units in the Project. A. ARCHITECTURAL DESIGN GUIDELINES. Architectural design goals for
_________________________ are intended to promote harmony among the residences
themselves and with the natural features of the surrounding environment . Designs will be
reviewed for their compatibility with the design goal for the community. Architectural
uniqueness and excellence is strongly encouraged. The office of the developer is available to
assist the future homeowners in the architectural and landscape design of the individual
residences . Homeowners are strongly encouraged to involve the Developer in the design process
from the earliest stages to take advantage of its expertise and ensure a smooth process. The
following guidelines have been established to assist the homeowners and builders in the design
of homes in _________________________ : 1. Exterior Architecture. The exterior of all homes may be traditional or soft contemporary inarchitectural design. Soft contemporary architectural style is defined as having a non-traditionalfacade, but containing pitched roofs and subdued exterior colors and materials. Flat roofs and
white or off-white exteriors are not permitted . 2. Architectural Consistency. All exterior facades of the residences in
_________________________ which are visible from the road area are to be architecturally consistent in style, quality and detailing with the front facade of the residence. 3. Exterior Building Materials. At least 50% of the surface area of all street-facing exterior walls
of all residences shall be of brick or stone. Because of the differences in colors and grades,
cultured stone may be used only with the Developer's prior written approval. The surfaces of
remaining exterior walls shall be of brick, stone, individual board natural wood siding or vinyl
siding. Texture 1-11, aluminum siding , and panel brick exterior materials are prohibited. All
windows must be of high quality wood frame, vinyl or wood clad construction; metal windows
are prohibited. Exterior colors are to be subdued and approved by the Developer.
- 3 - 4. Roofing Pitch and Materials. Minimum roof pitch shall be 5/12 pitch, except reverse gables,
which shall have a minimum pitch of 7/12. Roofs shall be constructed of cedar shakes, cedar
shingles, cementitious tile, slate or good quality dimensional asphalt shingle with design, color
and material approved by the Developer . White or light colored roofs are not permitted. Three-
tab shingles are prohibited. 5. Minimum Size. For Units ___ and ____, each residence must contain a minimum livable floor
area of _______ square feet for a ranch and _______ for a one and one-half or two story home.
For Units ______, each residence must contain a minimum livable floor area of ______ square
feet for a ranch and _________ for a one and one-half or two story home. For Units ______,
each residence must contain a minimum livable floor area of ______ square feet for a ranch and
________ for a one and one-half or two story home. 6. Setbacks. All residences shall be located within the perimeter of the unit boundary for each
site as shown on the condominium drawings, which are Exhibit B to the Master Deed. Detached
garages are not permitted. 7. Garages. All garages shall accommodate at least two and one-half (2_1/2) cars. Garages' side
entries shall be located away from the normal approach direction to the residence unless
topography does not permit this goal. Detached garages are may be permitted only upon written
approval from the developer. 8. Roof Vents. Plumbing vents, metal vents, caps, stacks and flashings shall be painted to match
the roof color or painted black. No white vents or stacks are allowed. Ridge vents are strongly
encouraged as an alternative to can vents for attic ventilation. 9. Exterior Doors. Uniqueness in the design of front entry doors is strongly encouraged due to
the architectural importance of this component in the overall appearance of a residence.
Aluminum storm doors are not allowed and storm doors in general are strongly discouraged. The
color and style of the exterior doors is to be approved by the Developer, including storm doors, if
any. 10. Chimneys. All chimneys shall have flues lining their entire height which are enclosed by
brick, stone, wood or other approved material. Prefabricated metal chimneys are not permitted.
Uniqueness in chimney design is strongly encouraged. 11. Foundations. Exterior brick, stone or other allowed siding materials must extend to within
eight inches of ground level to cover all block or concrete foundation walls. Foundation vents if
used, shall be unobtrusive and painted or stained to blend into the exterior building materials. 12. Air Conditioning Units. No window or wall mounted air conditioners are permitted. All
exterior air conditioning equipment shall be located as to minimize noise to adjacent homes and
shall be screened by landscaping so as to not be visible from the road or adjacent residences. 13. Driveways, Sidewalks and Patios. Driveways shall be constructed of concrete or asphalt,
brick pavers or other approved paving materials. Driveways shall be located at least ten (10) feet
- 4 - from all side lot lines. Sidewalks and patios may be constructed of normal concrete: however,
brick pavers, dark tinted exposed aggregate concrete, flagstone slate, or other approved richly
textured materials is encouraged as an alternative. 14. Basketball Hoops. The type, style and location of basketball hoops shall be approved by
landscaping and shall be located as unobtrusive as possible. Hoops and poles shall not be located
forward of the front of the residence. 15. Mailboxes. A single mailbox design will be specified by the Developer to maintain a
consistent, aesthetically pleasing appearance throughout the community. 16. Lampposts. Homeowners may install a lamppost consistent with the architecture of the
residence, with the lamp controlled by an automatic photocell switch, in the front yard area of
their homesite. Lamppost designs are to be submitted to and approved by the Developer. 17. Address Numerals. Each home shall incorporate either an address block constructed of
granite, limestone or similar material and containing the carved numerals of the address of the
residence or individual heavy brass numerals appropriately placed in the front exterior area of the
residence. Plastic or thin metal numerals are not permitted. 18. Fences and Walls. Fences and walls are not permitted to be installed along the boundaries of
a homesite. Low courtyard walls may be permitted subject to approval by the Developer. Fences
enclosing in ground swimming pools shall be constructed of materials and in a style appropriate
to the character of the residence, as approved by the Developer. Chain link fencing is prohibited. 19. Swimming Pools. Only in-ground, aesthetically pleasing pools are permitted subject to the
Developer's written approval. All pool areas shall be visually screened with landscaping and all
mechanical equipment shall be concealed from view. 20. Spas. Free standing above ground spas not integrated into in-ground swimming pools shall be
unobtrusively located close to the rear of the residence within a deck or patio area. Spas shall be
visually screened from adjacent Homesites by landscaping or other manner approved by the
Developer, and all mechanical equipment shall be fully concealed. 21. Dog Kennels and Runs. Dog kennels or runs are not permitted due to their unattractive
appearance and potential for nuisance to the community. 22. Lawn Sculptures. No lawn ornaments, sculptures or statues shall be placed on any Homesite
without the prior written approval of the Developer. 23. Outdoor playsets. Outdoor play equipment shall be located in the rear of the yards of
residences so as not to be visible from the road, and shall not be obtrusive to adjacent homesites.
Equipment shall be primarily of wood construction; metal playsets are not permitted. Location
and size of playsets are to be approved by the Developer. 24. Outbuildings. No sheds, polebarns, storage buildings, detached garages, boat houses or other
- 5 - buildings other than the one principal residence of the Co-owner shall be constructed or placed
on a Unit without the prior written consent of the Association and, during the Development
Period, the Developer. If allowed by the Association and the Developer, an outbuilding: (a) shall
not exceed the dimensional restrictions and location restrictions imposed by the Association and
the Developer or the The City of _________________________ Ordinances, whichever is more
restrictive; and (b) shall be located in the rear yard of the Unit so as not to be visible from the
street; and (c) shall be similar in design, materials, style and color as the principal residential
structure on the Unit. B. LANDSCAPING GUIDELINES. Proper landscape design, installation and maintenance is
very important in creating an enjoyable, beautiful environment. Good landscape design
incorporates the natural attributes of the homesite in terms of topography and existing plantings,
and then enhances those features to create an environment most appropriate for the architecture
and setting of a particular residence. Successful landscaping greatly increases the beauty and
marketability of a residence and improves the quality of life for the homeowner as well as the
entire community. 1. Preservation of Trees. Every effort must be made to preserve existing trees on a residential
homesite, and to design the location of walks, drives, residences and other improvements in a
manner which limits the number of trees to be removed. Trees and flora located in the Project
may be cleared and cut only as follows: (a) Trees and flora of all sizes may be cleared and removed only from that area of a Unit within
the footprint of a dwelling house the location of which has been approved by the Developer in
writing. (b) Trees and flora of all sizes may be cleared and removed from the area of a Unit within 15 feet
of the footprint of a dwelling house the location of which has been approved by the Developer in
writing. This area is referred to as the "15 Foot Belt". Prior to any cutting or clearing on a Unit,
both the approved footprint and 15 Foot belt must be staked for approval of the clear-cut area by the Developer. (c) Except as set forth in subparagraph (f), below, no trees having a diameter of eight inches (8")
or greater may be removed from the area of a Unit that is within 20 feet of the perimeter of the
15 Foot Belt without the prior written consent of the Association and, during the Development
and Sales Period, the Developer. This area is referred to as the "First 20 Foot Belt". (d) Except as set forth in subparagraph (f), below, no trees having a diameter of four inches (4")
or greater may be removed from the area of a Unit that is within 20 feet of the perimeter of the
First 20 Foot Belt without the prior written consent of the Association and, during the
Development and Sales Period, the Developer. This area is referred to as the "Second 20 Foot
Belt". (e) Except as set forth in subparagraph (f), below, no trees or flora of any size or nature may be
removed from the area of a Unit that is outside of the perimeter of the Second 20 Foot Belt
without the prior written consent of the Association and, during the Development and Sales
- 6 - Period, the Developer. (f) The provisions of Paragraphs (c), (d) and (e), above, notwithstanding: (1) trees and flora of
any size may be cleared from the area in which the paved surface of the driveway for a Unit will
be constructed according to the plans approved by the Developer. (g) No trees or flora on a Unit or the Common Elements may be cut, trimmed or removed from
the areas that are located within ten feet of the Project's perimeter boundaries. No trees or flora
on a Unit may be cut, trimmed or removed from the areas that are located within ten feet of any
General Common Element. No trees or flora on a Unit may be cut, trimmed or removed from the
areas that are located within ten feet of the perimeter of that Unit, provided that the Developer
may waive this requirement in its sole discretion if it deems it necessary or desirable for
driveway placement. If the provisions of this subparagraph (g) are in conflict with any of the
provisions of subparagraphs (a) through (f), then the provisions of this subparagraph (g) shall
control. (h) Remaining trees shall be carefully protected during the construction process by erection ofprotective barriers to avoid physical damage and, in particular, compaction of the soil over the
root systems. Excavations and fill near existing trees shall only be done after appropriate
measures are undertaken to ensure that the trees are preserved. 2. Planting Material Sizes. Planting materials are to be of a high quality and substantial size to
provide a degree of maturity to the appearance of the landscaping immediately upon installation.
At the time of planting, evergreen trees should be a minimum of five (5) feet in height, and
canopy trees should have a minimum caliper of one and one-half (1) inches. 3. Lawn Areas. All areas of a residential homesite not landscaped with plant materials or hard
surfaces or kept as natural wooded areas shall be established as lawn areas by sodding or hydro
seeding. Preservation of wooded rear yard areas in their natural condition is strongly encouraged.
Grass clippings or any other kind of yard materials or waste must be removed and not stored or
piled upon the premises of the Condominium or homesites. Composting may be permitted upon
written approval from the Developer. 4. Flower Beds. All landscape plans shall include areas in the front yard for planting of annual
and perennial flowers to provide for pleasing seasonal color. 5. Edging and Mulching Materials. The use of natural cut sod edging to define planting bets is
strongly encouraged. Edging materials made of steel, aluminum or plastic may be used to define
planting beds. Mulching material shall consist of dark shredded bark, bark chips or sphagnum
peat. Wood chips or stones shall not be used as mulching materials. 6. Berms and Boulders. The creation of landscaped berms, boulder outcroppings, raised beds and
other creative landscape design is strongly encouraged
- 7 - 7. Irrigation. Installation of an underground sprinkler system to service, at a minimum, all sodded
areas and flower beds in the front yards of each residential homesite is encouraged. In any event,
lawns and landscaping shall be maintained in a an attractive condition at all times and irrigated
during dry weather, subject to watering restrictions imposed by The City of
_________________________ . 8. Landscape Screening. All exterior air conditioning equipment, utility meters and utility boxes must be screened from view from the road and adjacent residences. The garage doors of a
residence must be Visually screened from view from the road to the greatest extent possible by
placing evergreen landscape materials in strategic positions. 9. Retaining Walls. All retaining walls shall be of stone or approved mason materials. Wooden
tie walls are discouraged and may only be permitted upon written approval from the Developer. 10. Landscape Lighting. Subdued lighting which highlights landscaped features and architectural
elements is strongly encouraged. Lighting shall be artful aesthetically pleasing and unobtrusive,
with careful attention given to both high quality lighting fixtures and the effects of the lighting itself. 11. Completion of Landscaping. Installation of landscaping prior to occupancy is strongly
encouraged. The cost of landscaping can usually be included in the mortgage of the home. At
any rate, landscape installation must be completed within one (l) year after initial occupancy of a
residence or, in the case of model homes within one (1) year after the exterior of the residence
has been substantially completed, weather permitting. 12. Homesite Drainage. Due to the existing topography, the Units and their respective
appurtenant Limited Common Element yard areas are vulnerable to potential problems resulting
from the construction of houses and other improvements without adequately addressing the
resulting on-site and off-site drainage patterns. The Owners of each Unit are hereby made aware
of these potential drainage problems. Prior to the commencement of any sitework, construction
or other improvement of his or her Homesite, each Owner shall supply the Developer with an
individual grading plan, and shall not commence any sitework, construction or other
improvement of a Homesite until the grading plan has been approved by the Developer. The
approval of the grading plan by the Developer shall not be construed as the covenant, warranty
or representation by the Developer that the grading plan will, in fact, accomplish the objective of
alleviating or curing existing or potential drainage problems. C. ARCHITECTURAL APPROVAL PROCESS. The design and construction of all residences
and associated improvements, including decks pools, walks, patios, gazebos, etc., and also
including the design and installation of landscaping and driveways, is subject to the Architectural
Approval Process as described below. It is the goal of the Developer to promote residential
architecture of the highest caliber while preserving and enhancing the natural attributes of the
homesites to the greatest extent possible.
- 8 - Review Procedure. A two-step submittal process is required for the construction of a residence in_________________________ . Written approval from the Developer is required for each of the
two steps as follows: 1. Conceptual Approval. The future homeowner is encouraged to involve the Developer in the
design of the residence at the earliest possible stages. Submittal of sketches, photographs or
renderings are normally sufficient to determine if the proposed residence will be within the
design goals for the community. 2. Final Approval. Three copies of the following materials shall be submitted to obtain FinalApproval for a residence in _________________________ : (a) A site plan prepared and sealed by a licensed land surveyor showing existing and proposed
final grades, all required setback lines, the location and foot print of the proposed home and all
other improvements, the locations of the 15 Foot Belt, the First Twenty Foot Belt and the Second
Twenty Foot Belt, and all driveways and paved areas. (b) A complete set of construction plans for the proposed residence prepared by an architect. (c) A complete description of exterior building materials and colors. (d) A landscape plan showing sizes and types of proposed plantings; the location of berms, shrub
and flower beds; sodded areas; retaining walls and paved areas; an indication of which trees must
be removed and a tree preservation plans for trees to he preserved; and the location of hedges,
courtyard walls, and fences with appropriate details. (e) All Unit boundaries and all setback lines must be staked by a licensed
________________________ land surveyor hired by the Co-owner prior to commencement of
any construction on the Unit. Upon approval, two signed copies of the plans and documents will be returned to the owner who
may then apply to the City of ________ for a building permit. D. CONSTRUCTION REGULATIONS. The construction process in
_________________________ is carefully controlled to minimize inconvenience and disruption
to existing residents and to maintain the excellent image and reputation of all who are associated
with this development. 1. Accountability. The builder and landscaper shall designate a construction superintendent at the
start of construction who will be responsible for supervising adherence to the Construction
Regulations and all other applicable condominium documents. 2. Cleanliness. Throughout the course of construction, the job site shall be maintained in a clean
and orderly manner. All trash and debris shall be promptly deposited in a dumpster located as
unobtrusively as possible. Burning of trash and debris is prohibited. The road surface in the
- 9 - vicinity of the job site shall be kept clean of mud, trash and debris at all times. Violation of
cleanliness regulations will result in fines to builders, landscapers and homeowners. 3. Construction Hours. Construction hours are from 6:30 A.M. to 7:00 P.M. Monday through
Saturday except holidays. No construction activities are permitted during the evening or on
Sundays.4. Lot Clearing. Absolutely no clearing of trees or brush shall be done until construction and
landscaping plans have been approved in writing by the Developer, the setback lines and
foundation of the proposed house have been staked by a licensed land surveyor in accordance
with the site plan approved by the Developer, and a building permit has been issued by the City
of _________. All trees marked for preservation on the site plan and landscaping plan must be
protected with barriers to avoid compaction over the roots and physical damage. Trees to be
removed shall be marked for field inspection and approval obtained from the Developer prior to
removal. Logs, stumps and brush shall be immediately removed from the job site. 5. Construction Area. All construction, including access by construction vehicles and equipment,
shall be confined to the boundaries of the homesite under construction. Adjacent homesites may
not be used for parking, storage or access. 6. Construction Traffic and Parking. All construction personnel shall park their vehicles either on
the residential site under construction or on the roadway along the curb in the immediate vicinity.
Vehicles may not be parked on the grass behind the curb or on adjacent lots to prevent damage to
the grassed areas along the road. Prior to commencement of construction, the Owner of the Unit
or his builder shall install an appropriately sized culvert in the drainage ditch adjacent to the Unit
and shall lay a crushed concrete (minimum diameter of three inches) driveway at the entrance to
the Unit having a minimum length of 40 feet, in order to avoid the tracking of mud from the
Homesite onto the roads in the Project and on adjacent public roads. 7. Excavation. Dirt excavated for basements that is temporarily stored on the Homesite during
foundation construction shall not be placed over the roots of trees intended to be preserved in
order to avoid soil compaction and root damage. 8. Construction Materials. Storage of construction materials on the building site shall be done in
a neat and Orderly manner at a distance of at least thirty (30) feet from the curb. Materials shall
not be stored on the road, near the curb, or on adjacent sites (even if vacant). 9. Portable Toilet. The builder shall provide a portable toilet at the job site located so as not to be
visible from the road until such time as the plumbing of the residence is in working order.
Construction personnel shall use this portable toilet exclusively at the job site. 10. Signs. The builder may erect one sign identifying the unit number and builder's name during
the construction of a residence as specified by the Developer in terms of size, location, color and
content which will contain the logo for the project.
- 10 - 11. Schedule. Once started, construction shall be prosecuted on a continual basis with completion
as soon as practical but, in any event, within twelve (12) months. 12. Security Deposit. In order to insure the compliance of all contractors, subcontractors and
laborers with these Guidelines and as a security deposit against damage to the Condominium
Premises, before commencing any site work or construction on any Unit, the Co-owner of the
Unit shall deposit with the Association a security deposit in the amount of $1,000.00. Upon
completion of construction of approved improvements on the Unit in accordance with the
approved site plan for the Unit, completion of the landscaping on the Unit in accordance with the
approved landscape plan, and restoration and repair of all Common Elements damaged or
disturbed by construction activity on the Unit, the security deposit will be returned, less amounts
necessary to reimburse the Association or Developer for expenses incurred by them in repairing
or restoring any portions of the Common Elements or any Unit damaged or disturbed by that
construction activity. The failure of the Developer or the Association to demand or collect a
security deposit shall not be deemed a waiver of the right to enforce the provisions of the
Condominium Documents or to collect damages for damage to any Unit or Common Element of
the Project. 13. Tap-in Fees. The Co-owner of each Unit shall pay all tap-in and connection fees for
connection to all municipal water and sewer systems in amounts determined by the service
provider and for connection to all private community water and sewer systems, in amounts
determined by the Developer. All tap-in fees payable for connection to private community water
and sewer systems shall belong to and be the property of the Developer. E. MAINTENANCE AND ACTIVITIES PROVISIONS. In order to safeguard the investment of
the residents in _________________________ and preserve the value and marketability of the
residences it is necessary to maintain all elements of the community in excellent physical
conditions including roads, yards, buildings, landscaping and all other improvements. Provisions
for maintenance have been established in order to accomplish this goal. Additionally, activities
which interfere with the enjoyment and rights of others are restricted so as to create a neighborly,
pleasant environment for all residents and guests. 1. Pre-Construction Maintenance. Prior to residential construction, all future homesites
throughout ___________________ shall be maintained in an aesthetically pleasing condition
consistent with the character of the site. The homeowner shall be responsible for maintaining
wooded or grassed areas in a clean, attractive state and dead or diseased trees or limbs shall be
promptly removed. 2. Homesite Maintenance. Each homeowner shall maintain his or her homesite and all
improvements that it contains, including the residence, landscaping, lawns, walls, drives, patios,
decks, swimming pools, fences and the like in a first class and attractive condition so that an
aesthetically pleasing appearance is presented to the community. 3. Lawn Maintenance. Subject to the provisions of Article II, Section 14.C. of these Bylaws,
- 11 - lawns shall be fertilized on a regular basis kept neatly trimmed and free of weeds, and irrigated
during dry periods. Lawn maintenance services by outside contractors shall be performed only
between the hours of 7:00 A.M. to 7:00 P.M. Monday through Saturday. 4. Landscaping. All shrubs, trees and other landscape materials shall be maintained in an orderly
and healthy condition. Unhealthy or dead plantings shall be promptly replaced. Landscaped beds
shall be maintained in an attractive condition with regular restoration of shredded bark or peat
mulch to prevent weed growth, and beds shall be kept weed-free. 5. Flowers. Flower beds for perennial flowers are encouraged to be maintained within the front
yard areas of each residence integrated into the landscape design in an attractive and pleasing
manner. Flower beds are to be kept weed-free and in an attractive condition. 6. Seasonal Protection. Landscape materials are to be maintained in an attractive state throughoutthe year. Consequently, protection of plantings during the winter by wrapping with burlap or using plastic and polystyrene materials is prohibited because of the unsightly appearance created.
Plants may he protected by application of an invisible anti-desiccant such as "Wilt-Pruf". 7. Restricted Activities. No noxious or offensive activity shall be conducted on any Homesite
that will cause discomfort, annoyance or nuisance to the Community or diminish the enjoyment
of the residents in any manner whatsoever. Restricted activities include burning of trash or
leaves, maintaining noisy or dangerous pets, maintaining skateboard ramps, installation or
operation of electronic insect killers, operation of flood lights or other bright lights which are an
annoyance to adjacent residents, or any other device or activity which is noisy, unsightly or
unpleasant in nature. 8. Vehicles. No vehicles other than personal transportation automobiles, vans and sport/utility
vehicles may be parked within the Community unless located in garages with the doors closed,
including pickup trucks, boats and campers. In general, all vehicles should be kept in garages and
all garage doors should be kept closed. No vehicles may be parked outdoors if not used on a
regular basis. 9. Trash. Trash shall be stored out of site in standard containers, and placed at the curb for trash
pickup only in the morning of the collection day. Homeowners will contract for trash collection
services with a single company selected by the Developer or board of directors in order to obtain
a better rate and to limit trash collection to a single day per week. Trash receptacles shall be
removed as soon as possible after trash collection. If trash containers are stored outside, the
storage location must be visually screened and approved in writing by the Developer. 10. Snow Clearing. Snow shall be removed from drives and walks as soon as possible aftersnowfall. 11. Antennae. Exterior radio antennae, television aerials, satellite dishes or similar reception or
transmission devices shall be prohibited due to their unattractive appearance. F. DEVELOPER'S RIGHT TO WAIVE OR AMEND RESTRICTIONS. Notwithstanding
- 12 - anything in these Bylaws to the contrary, the Developer reserves the right to waive any
restriction or requirement, if in the Developer's sole discretion it is appropriate in order to
maintain the atmosphere, architectural harmony, appearance and value of the Condominium and
the Units, or to relieve the Owner of a Unit or a contractor from an undue hardship or expense.
The approval of any site plan, landscaping plan or construction plan by the Developer or the
Association and the waiver of any restriction by the Developer or the Association in connection
with the approval of any site plan, landscape plan or construction plan shall not be deemed to be
a warranty, representation or covenant by the Developer or the Association that the plan complies with any law, ordinance or regulation, including but not limited to zoning ordinances,
dimensional, bulk and setback ordinances, environmental laws and ordinances and sanitation or
environmental health laws, ordinances and regulations. THE OWNER OF EACH UNIT SHALL
BEAR ALL RESPONSIBILITY FOR COMPLIANCE WITH ALL SUCH LAWS AND
ORDINANCES. Section 3. Alterations and Modifications of Units and Common Elements. No Co-owner shall
make alterations, modifications or changes on any of the Units or Common Elements without the
express written approval of the Developer. No Co-owner shall restrict access to any utility line or
any other element that must be accessible to service the Common Elements or that affects an
Association responsibility in any way. Section 4. Activities. No improper, unlawful, noxious or offensive activity or an activity that is
or may become an annoyance or a nuisance to the Co-owners shall be carried on in any Unit or
upon the Common Elements. No unreasonably noisy activity shall occur in or on the Common
Elements or in any Unit at any time. Disputes among Co-owners arising as a result of this
provision that cannot be amicably resolved shall be arbitrated by the Association. No Co-owner
shall do or permit anything to be done or keep or permit to be kept in his Unit or on the Common
Elements anything that will increase the rate of insurance on the Condominium without the
written approval of the Association.A Co-owner shall pay to the Association the increased cost of insurance premiums resulting from
any such activity or the maintenance of any such condition on his Unit, if approved. Activities deemed offensive and expressly prohibited include, but are not limited to, the following: Any
activity involving the use of firearms, air rifles, pellet guns, B-B guns, bows and arrows, or other
similar dangerous weapons, projectiles or devices, burning of trash or leaves, installation or
operation of electronic insect killers or operation of flood or other bright lights which are an
annoyance to an adjacent resident. Because of the steep slopes on bicycle paths, skateboards and
similar devices shall not be used on the bicycle paths. Section 5. Pets. No animals, other than household pets, shall be maintained by any Co-owner.
Those pets shall be cared for and restrained so as not to be obnoxious or offensive on account of
noise, odor or unsanitary conditions. No animal may be kept or bred for any commercial
purpose. All animals shall be properly licensed. No animal may be permitted to run loose at any
time upon the Common Elements. All animals shall at all times be leashed and attended by some
responsible person while on the Common Elements. No savage or dangerous animal shall be
kept. Any Co-owner who causes any animal to be brought or kept upon the premises of the
Condominium shall indemnify and hold harmless the Association for any loss, damage or
- 13 - liability which the Association may sustain as the result of the presence of that animal on the
premises, whether or not the Association has given its permission. Each Co-owner shall be
responsible for collection and disposal of all fecal matter deposited by any pet maintained by
such Co-owner. No dog that barks and can be heard on any frequent or continuing basis shall be
kept in any Unit or on the Common Elements even if permission was previously granted to
maintain the pet on the premises. The Association may charge all Co-owners maintaining
animals a reasonable additional assessment to be collected in the manner provided in Article V
of these Bylaws if the Association determines that assessment necessary to defray the
maintenance cost to the Association of accommodating animals within the Condominium. The Association may, without liability to the Owner, remove or cause to be removed from the
Condominium any animal that it determines to be in violation of the restrictions imposed by this
Section. The Association shall have the right to require that any pets be registered with it and
may adopt additional reasonable rules and regulations with respect to animals as it deems proper.
The Board of Directors of the Association may assess fines for violations of this Section in
accordance with these Bylaws and in accordance with duly adopted Rules and Regulations of the Association. Section 6. Aesthetics. The Common Elements shall not be used for storage of supplies, materials,
personal property or trash or refuse of any kind, except as provided in duly adopted Rules and
Regulations of the Association. No refuse pile, compost heap or other unsightly or objectionable
materials shall be allowed to remain on any Homesite. Refuse, ashes, building materials, garbage
or debris of any kind shall be treated in a manner that is not offensive or visible to any other Co-
owners in the Condominium. The Common Elements and Units shall not be used in any way for
the drying, shaking or airing of clothing or other fabrics. All portions of window treatments,
including, but not limited to, curtains, drapes, blinds and shades, visible from the exterior of any
dwelling shall be made of or lined with material which is white or off_white in color or blends
with the exterior of the residence. In general, no activity shall be carried on nor condition
maintained by a Co-owner, either in his Unit or upon the Common Elements, that is detrimental
to the appearance of the Condominium. Without written approval by the Association, no Co-
owner shall change in any way the exterior appearance of the residence and other improvements
and appurtenances located on his Unit. In connection with any maintenance, repair, replacement,
decoration or redecoration of such residence, improvements or appurtenances, no Co-owner shall
modify the design, material or color of any item including, without limitation, windows, doors,
screens, roofs, siding or any other component which is visible from a Common Element or other
Unit. Section 7. Vehicles. No house trailers, trucks, pick-up trucks, commercial vehicles, boat trailers,
boats, aircraft, camping vehicles, camping trailers, all-terrain vehicles, snowmobiles, passenger
vans, snowmobile trailers or vehicles, other than automobiles or vehicles used primarily for
general personal transportation purposes, may be parked on the roads in the Condominium, and
no such vehicles may be parked upon the premises of the Condominium unless in garages. No
vehicle may be parked on the roads in the Condominium overnight. No inoperable vehicles of
any type may be stored outdoors under any circumstances. Commercial vehicles and trucks shall
not be parked in or about the Condominium except during deliveries or pickups in the course of
business. The Association may require Co-owners to register with the Association all cars
maintained on the Condominium Premises. No all-terrain vehicles, go-carts, snowmobiles or
- 14 - vehicles designed primarily for off-road use shall be used, maintained or operated in the
Condominium or on its roads or other common elements, including open spaces and paths. Section 8. Advertising. No signs or other advertising devices of any kind that are visible from the
exterior of a Unit or on the Common Elements, including any "For Sale" signs other than
standard size "For Sale" signs customarily employed by real estate brokers and builders in The
City of _________________________ shall be displayed without written permission from the Association and, during the Development Period, from the Developer. The Developer may
withhold that permission in its sole discretion. The size, location, color and content of any sign
permitted by the Developer shall be as specified by the Developer. Section 9. Rules and Regulations. The Board of Directors of the Association may make Rulesand Regulations from time to time to reflect the needs and desires of the majority of the Co-
owners in the Condominium. Reasonable regulations consistent with the Act, the Master Deed
and these Bylaws concerning the use of the Common Elements may be made and amended from
time to time by any Board of Directors of the Association, including the first Board of Directors
(or its successors) prior to the Transitional Control Date. Copies of all rules, regulations and
amendments shall be furnished to all Co-owners. Section 10. Right of Access of Association. The Association or its duly authorized agents shallhave access to each Unit and its appurtenant Limited Common Elements, during reasonable
working hours, upon notice to the Co-owner, as necessary to carry out any responsibilities
imposed on the Association by the Condominium Documents. The Association or its agents shall
also have access to Units and appurtenant Limited Common Elements as necessary to respond to
emergencies. The Association may gain access in any manner reasonable under the
circumstances and shall not be liable to a Co-owner for any resulting damage to his Unit and
appurtenant Limited Common Elements. This provision, in and of itself, shall not be construed to
permit access to the interiors of residences or other structures. a) Section 11. Common Element Maintenance. Sidewalks, yards, landscaped areas, driveways,
and parking areas shall not be obstructed and shall not be used for purposes other than that for
which they are reasonably and obviously intended. No bicycles, vehicles, chairs or other
obstructions may be left unattended on the Common Elements. Section 12. Co-owner Maintenance. Each Co-owner shall maintain his Homesite and any
Common Elements for which he has maintenance responsibility in a safe, clean and sanitary
condition. Each Co-owner shall also use due care to avoid damaging any of the Common
Elements including, but not limited to, the telephone, water, gas, plumbing, electrical or other
utility conduits and systems. Each Co-owner shall be responsible for damages or costs to the
Association resulting from negligent damage to or misuse of any of the Common Elements by
him, or his family, guests, agents or invitees, except to the extent those damages or costs are
covered and reimbursed by insurance carried by the Association. Any costs or damages to the
Association may be assessed to and collectedfrom the responsible Co-owner in the manner provided in Article V. Each Co-owner shall
- 15 - maintain the septic system located on or appurtenant to his Unit according to any maintenance
schedule adopted by the Association as a minimum standard of maintenance for septic systems in
general. Section 13. Use of Waterfront and Beach Areas. Except as provided below, no Co-owner may launch or dock a boat or other watercraft on or from the General Common Elements or Limited
Common Elements in the Project, including the waterfront areas and beach areas. The foregoing
notwithstanding, Co-owners of Units ____ may use the Limited Common Element Beaches
appurtenant to their respective Units, as depicted in the Condominium Subdivision Plan for the
Project, for the purpose of launching boats for their personal use. Section 14. Environmental Protection Regulations. A. No building or permanent structure shall be constructed or placed within fifty (50) feet of the
ordinary high water mark of any lake, pond or body of water in or adjoining the Condominium. B. No Co-owner shall perform any landscaping or plant any trees, shrubs or flowers or place any
ornamental materials upon the Common Elements without the prior written approval of the
Association and during the development Period the prior written approval of the Developer. No
fences may be placed upon the Common Elements or Units without the consent of the
Association, The City of _________________________ and, during the Development Period,
the Developer. No trees, bushes or other flora may be removed from the Common Elements or
Units without the prior written approval of the Association, the approval of the City of
____________________ zoning administrator, and during the Development Period the prior
written approval of the Developer. C. Each Co-owner shall maintain and replace, when necessary, all flora located on his unit,
including regular lawn mowing, weed removal and bush and tree trimming. Fertilizers and
chemicals shall not be applied to flora or otherwise used within twenty-five (25) feet of any body
of water, pond or wetland, and shall not be used in any location in an amount or manner that will
have an adverse effect on the quality of surface water or ground water.Each Co-owner shall plant at least two ornamental, coniferous or deciduous trees on his or her
Unit within six months of issuance of a certificate of occupancy for any dwelling constructed on
that Unit, the species and location of which must first be approved by the Developer in writing.
The foregoing notwithstanding, the Co-owner of a "Corner Unit" shall plant at least four such
trees. As used in this paragraph, a Corner Unit is a Unit thathas frontage on at least two roads. A. Except as shown on the plans approved by The City of _________________________ , the
General Common Element land areas, including all required open space and wetlands, shall
remain in their natural state and shall not be altered or disturbed by either the Co-owners or the
Association without the approval of The City of _________________________ and the
Developer and without first obtaining all other necessary federal, state and local permits.
Activities prohibited by this provision include but are not limited to cutting, filling, dredging and
removal of vegetation from the wetlands. Large portions of the land in the project are greenspace
and wetlands, some of which may be protected by state and federal law. Under these laws, any
- 16 - disturbance of a wetland may be done only after a permit has been obtained from the agency
having jurisdiction over wetlands (currently the ________________________ Department of
Environmental Quality). Penalties for noncompliance are substantial. The Association will assess
substantial fines and penalties and will seek recovery of money damages and other remedies, as
provided in the Condominium Documents, for violations of the provisions of this Section. It shall
be the duty of the Association to preserve the wetlands by enforcement of this Section. E. The Developer and each Co-owner and his or her agents, employees and contractors shall
comply with all soil protection laws, ordinances and regulations, including but nor limited to the
________________________ Soil Erosion and Sedimentation Control Act. No construction or
clearing of any land within the Project shall commence without first obtaining any required soil
erosion and sedimentation control permit from _______________________ County. Silt
fencing and other soil erosion controls and devices shall be erected, installed and maintained at
all times required by the permits issued by ________________________ County. If a Co-
owner or his or her contractors or agents fails to comply with the requirements set forth in this
Paragraph, then, in addition to all other remedies available under applicable law, the Developer, the City of ________________________ , ____________________ County, the
________________________ Department of Environmental Quality, and their respective
contractors and agents, may, at their option, with or without notice, enter onto the Project or any
Unit that is not in compliance and perform any necessary maintenance, repair, replacement
and/or operation of soil erosion control devices. In that event, the offending Co-owner shall
reimburse the Developer, the _____________________ , the County and/or their contractors all
costs incurred by it in performing the necessary maintenance, repair, replacement and/or
operation of the soil erosion control devices, plus an administrative fee of 15%. If the Co-owner
does not reimburse the Developer or the _____________________ for those costs, then the
_____________________ , at its option, may assess the cost therefor against the Co-owners of
the Unit, to be collected as a special assessment on the next annual tax roll of the _____________________ , or the Developer may charge the cost thereof and the administrative
fee as a special assessment against that Unit. Without limiting the generality of the foregoing, no
activity shall be conducted on any part of the Condominium Premises that may cause the risk of
soil erosion or threaten any living plant material. This provision may not be modified, amended,
or terminated without the consent of the City of ________________________. Section 15. Onsite Potable Water Supply and Sewage Disposal Systems. Because the
Condominium Project is not serviced by public water at the time of recording of the Master Deed
for the Condominium Project, the individual units will be entirely dependent upon onsite water
supply . The onsite water supply within the Condominium Project shall be subject to all
restrictions imposed by the Environmental Health Division of the _______________________. Section 16. Reserved Rights of Developer. A. Prior Approval by Developer. During the Development Period, no buildings, fences, walls,
retaining walls, drives, walks or other structures or improvements shall be commenced, erected,
maintained, and no addition to, or change or alteration to any structure shall be made (including
in color or design), except interior alterations that do notaffect structural elements of any Unit, and no hedges, trees or substantial planting or landscaping
- 17 - modifications shall be made, until plans and specifications, acceptable to the Developer, showing
the nature, kind, shape, height, materials, color scheme, location and approximate cost of the
structure or improvement and the grading or landscaping plan of the area to be affected shall
have been submitted to and approved in writing by theDeveloper, its successors or assigns, and a copy of the plans and specifications, as finally
approved, lodged permanently with the Developer. The Developer shall have the right to refuse
to approve any plan or specifications, or grading or landscaping plans that are not suitable or
desirable in its opinion for aesthetic or other reasons; and in passing upon the plans,
specifications, grading or landscaping, it shall have the right to take into consideration the
suitability of the proposed structure, improvement or modification, the site upon which it is
proposed, and the degree of harmony with the Condominium as a whole. The purpose of this
Section is to assure the continued maintenance of the Condominium as a beautiful and
harmonious residential development. This Section shall be binding upon the Association and all
Co-owners. B. Developer's Rights in Furtherance of Development and Sales. None of the restrictions
contained in this Article II shall apply to the commercial activities or signs or billboards, if any,
of the Developer during the Development Period or of the Association in furtherance of its
powers and purposes. Despite any contrary provision, the Developer shall have the right to
maintain a permanent, temporary or mobile sales office, model units, advertisingdisplay signs, storage areas, related parking rights, and access throughout the Project that it
deems reasonable for the sale and development of the entire Project by the Developer. C. Enforcement of Bylaws. The Developer and the Association shall have the responsibility and
the obligation to enforce the provisions contained in these Bylaws including the restrictions set
forth in Article II. The Project shall at all times be maintained in a manner consistent with the
highest standards of a beautiful, serene, private, residential community for the benefit of the Co-
owners and all persons having an interest in the Condominium. If at any time the Association
fails or refuses to carry out its obligation to maintain, repair, replace and landscape in a manner
consistent with the maintenance of those high standards, then the Developer, or any person to
whom he may assign this right, at his option, may elect to maintain, repair and replace any
Common Elements and to do any landscaping required by these Bylaws and to charge the cost to
the Association as an expense of administration. The Developer shall have the right to enforce
these Bylaws throughout the Development Period which right of enforcement shall include
(withoutlimitation) an action to restrain the Association or any Co-owner from any activityprohibited by these Bylaws. Section 17. Leasing and Rental. A. Right to Lease. A Co-owner may lease or sell his Unit for the same purposes set forth in
Section 1 of this Article II subject to the provisions of subsection (B) below. No Co-owner shall
lease less than an entire Unit in the Condominium. No tenant shall be permitted to occupy except
under a lease having an initial term of at least six months unless approved in writing by the
Association. The terms of all leases, occupancy agreements and occupancyarrangements shall incorporate, or be deemed to incorporate, all of the provisions of the
- 18 - Condominium Documents. The Developer may lease any number of Units in the Condominium
in its discretion. B. Leasing Procedures. The leasing of Units in the Project shall conform to the followingprovisions: (1) A Co-owner, including the Developer, desiring to rent or lease a Unit, shall disclose that fact
in writing to the Association and shall supply the Association with a copy of the exact lease form
for its review for its compliance with the Condominium Documents at least 10 days before
presenting a lease form to a potential tenant. If the Developer desires to rent Units before the
Transitional Control Date, it shall notify either the Advisory Committee oreach Co-owner in writing. (2) Tenants and non-owner occupants shall comply with all of the conditions of the
Condominium Documents and all leases and rental agreements shall so state. (3) If the Association determines that the tenant or non-owner occupant has failed to comply
with the conditions of the Condominium Documents, then: (a) The Association shall notify the Co-owner by certified mail of the alleged violation by the
tenant. (b) The Co-owner shall have 15 days after receipt of the notice to investigate and correct the
alleged breach by the tenant or advise the Association that a violation has not occurred. (c) If after 15 days the Association believes that the alleged breach is not cured or may be
repeated, it may institute on its behalf or derivatively by the Co-owners on behalf of the
Association, if it is under the control of the Developer, an action for eviction against the tenant or
non-owner occupant and simultaneously for money damages in the same action against the Co-
owner and tenant or non-owner occupant for breach of the conditions of the Condominium
Documents. The relief provided for in this subparagraph may be by summary proceeding. The
Association may hold both the tenant and the Co-owner liable for any damages to the Common
Elements caused by the Co-owner or tenant. (4) When a Co-owner is in arrears to the Association for assessments, the Association may give
written notice of the arrearage to a tenant occupying a Co-owner's Unit under a lease or rental
agreement and the tenant, after receiving the notice, shall deduct from rental payments due the
Co-owner the arrearage and future assessments as they fall due and pay them to the Association.
The deductions shall not constitute a breach of the rental agreement or lease by the tenant. Section 18. Notification of Sale. A Co-owner intending to make a sale of his Unit shall notify the
Association in writing at least 21 days before the closing date of the sale and shall furnish the
name and address of the intended purchaser and other information reasonably required by the
Association. The purpose of this Section is to enable theAssociation to be aware at all times of the identities of all persons owning or occupying a Unit
and to facilitate communication with them regarding the rights, obligations and responsibilities
- 19 - under the Condominium Documents. Under no circumstances shall this provision be used for
purposes of discrimination against any owner, occupant orprospective owner on the basis of race, color, creed, national origin, sex or other basis prohibited
by law. Section 19. Incorporation of Rules and Regulations. The Rules and Regulations adopted by the
Association and, during the Development Period, the Developer, as amended from time to time,
are hereby made a part of these Bylaws as if fully set forth in these Bylaws, and may be enforced
by the Developer and the Association as if a part of the Bylaws. ARTICLE III: RECONSTRUCTION AND REPAIR. Section 1. Association Responsibility for Repair. Immediately after the occurrence of a casualty
causing damage to a General Common Element, the Association shall obtain reliable and
detailed estimates of the cost to place the damaged property in a condition as good as that
existing before the damage. If the proceeds of insurance are not sufficient to defray the estimated
cost of reconstruction or repair required to be performed by the Association, or if at any time
during or after completion of the reconstruction or repair, the funds for the payment of the cost
are insufficient, assessment shall be made against all Co-owners for the cost of reconstruction or
repair of the damaged property in sufficient amounts to provide funds to pay the estimated or
actual cost of repair. Section 2. Timely Reconstruction and Repair. If damage to the General Common Elements
adversely affects the appearance or utility of the Project, the Association shall proceed with replacement of the damaged property without delay. Section 3. Co-owner's Responsibility. Each Co-owner shall be responsible for all maintenance,
repair and replacement required within his Homesite and appurtenant Limited Common
Elements. Section 4. Eminent Domain. The following provisions shall control upon any taking by eminent
domain: A. Taking of Unit or Improvements Thereon or a Limited Common Element. If all or any portion
of a Unit or any improvements on a Unit or a Limited Common Element appurtenant to a Unit is
taken by eminent domain, then the award for that taking shall be paid to the Co-owner and
mortgagee of the Unit as their interests may appear, despite any contrary provision of the Act. If
a Co-owner's entire Unit is taken by eminent domain, then that Co-owner and his mortgagee
shall, after acceptance of the condemnation award, be divested of all interest in the Project. B. Taking of General Common Elements. If there is any taking of any portion of the General
Common Elements, the condemnation proceeds from that taking shall be paid to the Co-owners
and their mortgagees in proportion to their respective interests in the Common Elements and the
affirmative vote of more than 50% of the Co-owners in numberand in value shall determine whether to rebuild, repair or replace the portion taken or to take any
other action they deem appropriate.
- 20 - C. Continuation of Condominium After Taking. If the Project continues after taking by eminent
domain, then the remaining portion of the Project shall be resurveyed and the Master Deed
amended accordingly. If any Unit has been taken, then Article V of the Master Deed shall also be
amended to reflect that taking and to readjust the percentagesof value of the remaining Co-owners proportionately ,based upon a continuing value of 100% for
the Condominium. That amendment may be made by an officer of the Association authorized by
the Board of Directors without execution or approval by any Co-owner. D. Notification of Mortgagees. If all or a part of a Unit or Common Elements is made the subject
matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired
by a condemning authority, then the Association shall promptly notify each institutional holder
of a first mortgage on any Unit in the Condominium. E. Applicability of the Act. To the extent not inconsistent with these Bylaws, Section 133 of the
Act shall control upon any taking by eminent domain. Section 5. Priority of Mortgagee Interests. Nothing contained in the Condominium Documents
shall be construed to give a Co-owner or any other party priority over any rights of first
mortgagees of Condominium Units pursuant to their mortgages in the case of a distribution to
Co-owners of insurance proceeds or condemnation awards for losses to or a taking of
Condominium Units or Common Elements. ARTICLE IV: INSURANCE. Section 1. Extent of Coverage. The Association shall, to the extent appropriate in light of the
nature of the General Common Elements of the Project, carry all risk insurance coverage,
liability insurance (in a minimum amount to be determined by the Developer or the Association
in its discretion, but in no event less than $1,000,000 per occurrence), officers' and directors'
liability insurance, workmen's compensation insurance, if applicable, and any other insurance the
Association may deem applicable, desirable or necessary, and pertinent to the ownership, use and
maintenance of the General Common Elements. That insur
