MASTER DEED
This Master Deed is executed on the ____ day of _________ , 20 __ , by ______________ ,
a ____________________ ("Developer"), with an address of __________________________ ,
pursuant to the provisions of the ____________ Condominium Act, as amended, (the "Act").
RECITALS: By recording this Master Deed, and the Bylaws attached hereto as Exhibit “A”
and Condominium Subdivision Plan, Exhibit “B”, the Developer intends to
establish the real property described in Article II below, together with the
improvements located and to be located on, and the appurtenances to, that real
property as a residential site condominium project under the provisions of the Act.
Therefore, the Developer establishes __________________ as a Condominium
Project under the Act and declares that __________________ (the
"Condominium", "Project" or the "Condominium Project") shall be held,
conveyed, hypothecated, encumbered, leased, rented, occupied, improved and in
all ways utilized subject to the provisions of the Act and to the covenants,
conditions, restrictions, uses, limitations and affirmative obligations set forth in
this Master Deed and Exhibits A and B, all of which shall be deemed to run with
the land and shall be a burden and a benefit to the Developer, its successors and
assigns, and any persons acquiring or owning an interest in the Condominium
Premises, and their successors and assigns. In furtherance of the establishment of
the Condominium Project, it is provided that:
ARTICLE I: TITLE AND NATURE. The Condominium Project shall be known as
_____________________ , _____________________ County Condominium
Subdivision _____________________ . The Condominium Project is
established in accordance with the Act. The Units contained in the
Condominium, including the number, boundaries, dimensions and area of each,
are set forth completely in Exhibit B. Each Unit is capable of individual use by
having its own entrance from and exit to a Common Element of the Project.
Each Co-owner in the Project has an exclusive right to his Unit, has undivided
and inseparable rights to share with other Co-owners the Common Elements of
the Project, and has the right to construct a single residential dwelling on his
Unit, subject to the Condominium Documents and all applicable laws.
ARTICLE II: LEGAL DESCRIPTION. The land submitted to the Condominium Project is
described as:
[describe]
ARTICLE III: DEFINITIONS. Certain terms are utilized in this Master Deed and Exhibits A
and B, and in various other instruments such as the Rules and Regulations of the
_____________________ Association, and deeds, mortgages, liens, land
contracts, easements and other instruments affecting the establishment of, or
transfer of interests in, the Project. Those terms are usually capitalized (for
example, the "Project") and are defined in the Act.
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Wherever used in those documents or any other pertinent instruments, those
terms shall have the meanings given to them in the Act. The following terms are
not defined in the Act, and shall have these meanings:
Section 1. Homesite. "Homesite" shall mean each Condominium Unit, its appurtenant
Limited Common Elements, if any, and the General Common Element land area
between the Unit and the paved portion of the adjacent roadway.
Section 2. Development Period. "Development Period", means the period commencing on
the date this Master Deed is recorded and continuing as long as Developer owns
any Unit in the Project.
ARTICLE IV: COMMON ELEMENTS. The Common Elements of the Project and the
respective responsibilities for maintenance, decoration, repair and replacement
are:
Section 1. General Common Elements. The General Common Elements are:
A. Roads. The roadways located within the boundaries of ____________________ ,
unless and until they are dedicated to the public, including all landscaped islands,
entranceways, and project identification signs and monuments.
B. Land. Land within the Condominium Project that is not identified as either Units
or Limited Common Elements, shall be a General Common Element.
C. Electrical, Gas, Telephone and Cable Television. All underground electrical,
gas, telephone and cable television mains and lines up to the point where they
intersect the boundary of a Homesite and all common lighting for the Project, if
any is installed.
D. Storm Water Drainage System. All storm water drainage systems and facilities,
if any, serving the Project.
E. Pathways and Walkways. All walking paths, nature trails and other pedestrian
ways designated as General Common Element on the Condominium Subdivision
Plan for the project, whether paved or constructed of other materials.
F. Detention Areas and Detention Area Easements. The storm water detention
and retention areas and easements and drainage facilities, if any, that are
designated on the Condominium Subdivision Plan as General Common Elements.
Some of the storm water detention and retention areas are not designated as
general Common Elements on the Condominium Subdivision Plan, but instead
are located within easements that are within the boundaries of certain Units in the
Project.
G. Landscaping, Exterior Lighting and Sprinkler Systems. All landscaping,
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gardens, exterior lighting and sprinkler systems installed by the Developer or the
Association within the General Common Element land areas.
H. Water. Certain naturally occurring and artificially created bodies of water lying
wholly or partially within the boundaries of the Condominium are designated on
the Condominium Subdivision Plan of the Project as General Common Elements.
I. Other. Other elements of the Condominium not designated as General or
Limited Common Elements and not located within a Unit that are intended for
common use of all Co-owners or are necessary to the Project.
Section 2. Limited Common Elements. Limited Common Elements shall be subject to the
exclusive use and enjoyment of the Owner(s) of the Unit(s) to which the Limited
Common Elements are appurtenant. The Limited Common Elements are:
A. Land. Certain land may be shown on the Condominium Subdivision Plan as
Limited Common Element, and is limited in use to the Unit(s) to which it
appertains, as shown on Exhibit B.
B. Utility Leads. All utility leads and lines lying within the Homesites and all water
wells and pumps, and all related potable water facilities servicing a Unit are
limited in use to the Units serviced by them.
C. Driveways. Private driveways serving individual Units are Limited Common
Elements, from the point where they intersect the paved portion of the roads in the
Project, even if they are located partially on the General Common Element land
area.
D. Waterfront Land and Beach Areas. Certain land with water frontage and beach
areas (collectively, "the Beaches") are shown on the Condominium Subdivision
Plan as Limited Common Element that are respectively appurtenant to and limited
in use and enjoyment to one or more Units. The respective Units to which the
Beaches are appurtenant are designated within the boundaries of the Beaches on
the Condominium Subdivision Plan. The only Units to which the Beaches are
appurtenant and the only Units that may use and enjoy the Beaches are Units
_______ , as shown on the Condominium Subdivision Plan for the Project.
Neither the Developer, nor the Association, nor any Co-owner, nor any other
person shall grant any riparian rights or other rights of use in any of the Beaches
to any other person, except in connection with the conveyance to that person of
title to the Unit to which the Beaches are appurtenant. The Beaches may be used
only by the Co-owners of a Unit to which they are appurtenant, his or her family
members who reside on the Unit, and his or her houseguests.
E. Docks. Certain docks (collectively, "the Docks") are shown on the Condominium
Subdivision Plan as Limited Common Elements that are respectively appurtenant
to and limited in use and enjoyment to one or more Units. The respective Units to
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which the Docks are appurtenant are designated adjacent to the Docks on the
Condominium Subdivision Plan. The only Units to which the Docks are
appurtenant and the only Units that may use and enjoy the Docks are Units
_______ , as shown on the Condominium Subdivision Plan for the Project.
Neither the Developer, nor the Association, nor any Co-owner, nor any other
person shall grant any riparian rights or other rights of use in any of the Docks to
any other person, except in connection with the conveyance to that person of title
to the Unit to which the Docks are appurtenant. The Docks may be used only by
the Co-owners of a Unit to which they are appurtenant, his or her family members
who reside on the Unit, and his or her houseguests. Only watercraft titled in the
name of the Co-owner and his or her family members who reside on the Unit may
be tied to or use the Dock that is appurtenant to that Unit. Each Unit to which the
Limited Common Element Docks are appurtenant may place only one boat or
other watercraft at the Docks in the place designated by the Association for that
Unit's use. The Docks described herein are the only docks, slips or mooring
facilities that may be erected, installed, maintained or used in the Project by the
respective Co-owners of Units _______ . No boat hoists, docks or other facilities
for watercraft may be maintained anywhere on the Condominium Premises
without the prior written consent of the Developer.
Section 3. Structures on Units Not Common Elements. All structures and improvements
located within the boundaries of a Homesite shall be owned in their entirety by
the Co-owner of the Homesite on which they are located and shall not be
Common Elements.
Section 4. Responsibilities. The responsibilities for the maintenance, decoration, repair and
replacement of the Common Elements are:
A. Co-owner Responsibilities.
1. Homesites. The responsibility for and the costs of maintenance,
decoration, repair, replacement and insurance (both property and liability)
of each Homesite (including all easement areas located on the Homesite),
all improvements on that Homesite (except actual physical improvements
that are General Common Elements) and all Limited Common Elements
appurtenant thereto shall be borne by the Co-owner of the Unit in that
Homesite or to which the Limited Common Element appertains, subject to
the maintenance, appearance and other standards contained in the Bylaws
and Rules and Regulations of the Association.
2. Utility Services. The responsibility for and cost of maintenance, repair
and replacement of all utility laterals and leads within a Homesite shall be
borne by the Co-owner of the Unit in that Homesite, except to the extent
that those expenses are borne by a utility company or a public authority.
3. Waterfront Land and Beach Areas. The responsibility for and the costs
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of maintenance, decoration, repair, replacement and insurance (both
property and liability) of each Beach area described in Article IV, Section
2.D. of this Master Deed, and all improvements on that Beach area shall
be borne equally by the Co-owners of the Units to which the particular
Limited Common Element Beach area appertains, subject to the
maintenance, appearance and other standards contained in the Bylaws and
Rules and Regulations of the Association.
4. Docks. The responsibility for and the costs of maintenance, decoration,
repair, replacement and insurance (both property and liability) of each
Dock described in Article IV, Section 2.E. of this Master Deed, and all
improvements on that Dock shall be borne equally by the Co-owners of
the Units to which the particular Limited Common Element Dock
appertains, subject to the maintenance, appearance and other standards
contained in the Bylaws and Rules and Regulations of the Association.
B. Association Responsibilities. The costs of maintenance, repair and replacement
of all General Common Elements except the part of the General Common
Elements located within a Homesite shall be borne by the Association, subject to
any contrary provisions of the Bylaws. The foregoing notwithstanding, the
Association may expend funds for landscaping, decoration, maintenance, repair
and replacement of the General Common Element roadways, even after any
dedication to the public, and such costs and expenses shall be costs of operation
and maintenance of the Condominium.
Section 5. Utility Systems. Some or all of the utility lines, systems (including mains and
service leads) and equipment and the telecommunications facilities, if any,
described above may be owned by the local public authority or by the company
that is providing the pertinent service. Accordingly, the utility lines, systems and
equipment, and any telecommunications and cable television facilities, shall be
Common Elements only to the extent of the Co-owners' interest in those items, if
any, and Developer makes no warranty whatever with respect to the nature or
extent of that interest, if any. The extent of the Developer's and Association's
responsibility will be to see to it that water, sanitary sewer, telephone, electric and
natural gas mains are installed within reasonable proximity to, but not within, the
Units. Each Co-owner will be entirely responsible for arranging for and paying all
costs in connection with extension of utilities by laterals from the mains to any
structures and fixtures located within the Units.
Section 6. Use of Units and Common Elements. No Co-owner shall use his Unit or the
Common Elements in any way inconsistent with the purposes of the Project or in
any way that will interfere with or impair the rights of any other Co-owner in the
use and enjoyment of his Unit or the Common Elements. No person shall use the
General Common Element land area, which is designated on the Condominium
Subdivision Plan as "Picnic Area" for purposes of gaining access to the waters of
___________ Lake, the terms of any other document previously in the office of
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the _____________________ County Register of Deeds notwithstanding. No
motorized or mechanically powered or mechanically supplemented (e.g.,
paddleboats) watercraft of any kind shall be used or placed in the water area
designated as "Motor Restricted Area" on the Condominium Subdivision Plan for
the Project.
Section 7. Special Provisions for Roads, Storm Water Detention Areas and Filtration
Facilities. The Association shall have the responsibility for the maintenance,
repair, operation and replacement of the roads, storm water detention areas and
storm water filtration facilities in the Project. The expenses of repair,
maintenance, operation and replacement of the roads, storm water detention areas
and storm water filtration facilities and any reserve for the replacement thereof
shall be expenses of administration of the Project, and shall be assessed against all
Co-owners of Units in the Project. Except in the case of Co-owner fault, each of
those Units shall be assessed a proportionate share equal to its percentage of value
as set forth in Article V, below, of the expenses of repair, maintenance, operation
and replacement of the roads, storm water detention areas and storm water
filtration facilities, which may be assessed as part of the regular assessments
and/or as special assessments against those Units. The operation, maintenance,
repair and replacement of the roads, storm water detention areas and storm water
filtration facilities are further subject to the terms and provisions of the Bylaws of
the Project. The roads, storm water detention areas and storm water filtration
facilities shall be operated, maintained, repaired and replaced in accordance with
the provisions of the Master Deed and Bylaws for the Project, all rules and
regulations for the Project, and all applicable federal, state and local statutes,
laws, ordinances and regulations. If the Association or its contractors or agents
fails to comply with the roads, storm water detention areas and storm water
filtration facilities operation, maintenance, repair or replacement requirements set
forth in the Master Deed, the Bylaws and applicable laws, then, in addition to all
other remedies available under applicable law, the __________________ , the
__________________ County Road Commission, 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 or on the roads, storm water detention areas and
storm water filtration facilities. In that event, the Association shall reimburse the
__________________ , the County and/or their contractors all costs incurred by it
in performing the necessary maintenance, repair, replacement and/or operation of
or on the roads, storm water detention areas and storm water filtration facilities,
plus an administrative fee of _____ %. If the Association does not reimburse the
__________________ for those costs, then the __________________ , at its
option, may assess the cost therefor against the Co-owners of the Units in the
Project, to be collected as a special assessment on the next annual tax roll of the
__________________ . At a minimum, the Association shall establish an annual
inspection and maintenance program for the roads, storm water detention areas
and storm water filtration facilities in the Project. This provision may not be
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modified, amended, or terminated without the consent of the _______________ .
Section 8. Nonliability of Developer and Association for Use of Common Elements.
Neither the Developer nor the Association shall have any liability to any Co-
owner or other person for personal injury or property damage resulting from that
Co-owner's or person's use of the Common Elements, including but not limited to
the paths, and beaches, and any recreational facilities and equipment owned or
provided by the Developer or the Association. Each such Co-owner and other
person shall exercise reasonable care in using those common elements, facilities
and equipment.
Section 9. Open Space. All open space shown on Exhibit B and on the site plan approved
by the _______________ of _______________ for the Project shall remain
forever dedicated as common element open space and operated, administered and
managed by the Association, and shall be perpetually maintained in the manner
approved by the _______________ of _______________ . The dedicated open
space shall forever remain open space, subject only to the uses approved by the
_______________ of _______________ on the approved site plan for the Project.
Further subdivision of the open space or its use for other than recreation,
conservation or agricultural purposes, and easements for utilities and septic
systems, is strictly prohibited. This provision is binding upon all current and
future owners of all or any part of the real property described in Article II, above.
This Section 9 shall not be modified without approval of the _______________ of
_______________ .
ARTICLE V: UNIT DESCRIPTIONS AND PERCENTAGES OF VALUE.
Section 1. Description of Units. Each Unit in the Condominium Project is described in this
paragraph with reference to the Condominium Subdivision Plan of
_______________ as prepared by _______________ . (Exhibit B). The Project
consists of __ site Units. Each Unit consists of the volume of land and air within
the Unit boundaries as delineated with heavy outlines on Exhibit B.
Section 2. Percentages of Value. All of the Units shall have equal percentages of value,
because the Units place approximately equal burdens on the Common Elements.
The percentage of value assigned to each Unit shall determine each Co-owner's
share of the Common Elements, the proportionate share of each Co-owner in the
proceeds and expenses of administration and the value of the Co-owner's vote at
meetings of the Association.
ARTICLE VI: SUBDIVISION, CONSOLIDATION AND OTHER MODIFICATIONS
OF UNITS. Units in the Condominium may be subdivided, consolidated,
modified and the boundaries relocated, in accordance with Sections 48 and 49
of the Act and this Article. The resulting changes in the affected Unit or Units
shall be promptly reflected in a duly recorded amendment or amendments to
this Master Deed.
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Section 1. By Developer. Subject to approval by __________________________________
under the ____________________ Zoning ordinance and Condominium
Ordinance, Developer reserves the sole right during the Development Period,
without the consent of any other Co-owner or any mortgagee of any Unit, to:
A. Subdivide Units. Subdivide or re-subdivide any Units that it owns.
B. Consolidate Contiguous Units. Consolidate under single ownership two or more
contiguous Units that it owns.
C. Relocate Boundaries. Relocate any boundaries between adjoining Units that it
owns.
In connection with any subdivision, consolidation or relocation of boundaries of
Units by the Developer, the Developer may modify, add to or remove Common
Elements, and designate or re-designate them as General or Limited Common
Elements and shall reallocate the percentages of value of the affected Units, as
required by the Act. These changes shall be given effect by an appropriate
amendment(s) to this Master Deed, which shall be prepared and recorded by and
at the expense of the Developer.
Section 2. By Co-owners. Subject to approval by _________________________________
under the ________________________ Zoning ordinance and Condominium
Ordinance and, during the Development Period, the Developer, one or more Co-
owners may:
A. Subdivision of Units. Subdivide or re-subdivide any Units that he owns upon
written request to the Association.
B. Consolidation of Units; Relocation of Boundaries. Consolidate under single
ownership two or more contiguous Units that they own to eliminate boundaries or
relocate the boundaries between those Units upon written request to the
Association.
These changes shall be given effect by an appropriate amendment(s) to this
Master Deed, which shall be prepared and recorded by the Association. The Co-
owner(s) requesting the changes shall bear all costs of preparation and recording
of the amendment(s). The changes shall become effective upon recording of the
amendment in the office of the _____________________ County Register of
Deeds.
Section 3. Limited Common Elements. Limited Common Elements shall be subject to
assignment and reassignment in accordance with Section 39 of the Act and in
furtherance of the rights to subdivide, consolidate or relocate boundaries
described in this Article VI.
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Section 4. Construction of Improvements on Units. Subject to the restrictions contained
in the Condominium Documents, including the Rules and Regulations of the
Project, as amended, a Co-owner may construct on his Unit one single-family
residence. All construction shall be in accordance with and subject to the Rules
and Regulations and all applicable codes, ordinances, statutes, laws, rules,
regulations and private use restrictions, including but not limited the
____________________________________ Zoning Ordinance.
ARTICLE VII: EXPANSION OF PROJECT.
Section 1. AREA OF FUTURE DEVELOPMENT. The Condominium Project
established pursuant to the initial Master Deed of _____________________ and
consisting of ____ Units is intended to be the first stage of an Expandable
Condominium under the Act to contain in its entirety a maximum of __ Units.
Additional Units, if any, will be constructed upon all or some portion or portions
of the following described land:
[describe]
("the Area of Future Development").
Section 2. INCREASE IN NUMBER OF UNITS. Therefore, any other provisions of this
Master Deed notwithstanding, the number of Units in the Project may, at the
option of the Developer or its successors or assigns, from time to time, within a
period ending no later than six years from the date of recording of this Master
Deed, be increased by the addition to this Condominium of any portion of the area
of future development. The location, nature, and appearance of all such
additional Units shall be determined by Developer in its sole discretion subject
only to approval by the __________________ of __________________ .
Section 3. EXPANSION NOT MANDATORY. Nothing herein contained, however, shall
in any way obligate Developer to enlarge the Condominium Project beyond the
phase established by this Master Deed and Developer (or its successor or assigns)
may, in its discretion, establish all or a portion of said area of future development
as rental development, a separate condominium project (or projects) or any other
form of development. There are no restrictions on the election of the Developer
to expand the Project other than as explicitly set forth herein. There is no
obligation on the part of the Developer to add to the Condominium Project all or
any portion of the area of future development described in this Article VII nor is
there any obligation to add portions thereof in any particular order nor to
construct particular improvements thereon in any specific locations. None of the
additional land and Unit area may be devoted to other than residential use.
Section 4. AMENDMENT OF MASTER DEED AND MODIFICATION OF
PERCENTAGES OF VALUE. Such increase in size of this Condominium
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Project shall be given effect by an appropriate amendment or amendments to this
Master Deed in the manner provided by law, which amendment or amendments
shall be prepared by and at the discretion of the Developer or its successors and in
which the percentages of value set forth in Article V hereof shall be
proportionately readjusted in order to preserve a total value of 100 for the entire
Project resulting from such amendment or amendments to this Master Deed. The
precise determination of the readjustments in percentages of value shall be made
within the sole judgment of Developer. Such readjustments, however shall reflect
a continuing reasonable relationship among percentages of value based upon the
method of original determination of percentages of value for the Project.
Section 5. REDEFINITION OF COMMON ELEMENTS. Such amendment or
amendments to the Master Deed shall also contain such further definitions and
redefinitions of General or Limited Common Elements as may be necessary to
adequately describe, serve and provide access to the additional parcel or parcels
being added to the Project by such amendment. In connection with any such
amendment(s), Developer shall have the right to change the nature of any
Common Element previously included in the Project for any purpose reasonably
necessary to achieve the purposes of this Article, including, but not limited to, the
connection of roadways and sidewalks to the Project to any roadways and
sidewalks that may be located on, or planned for the area of future development,
and to provide access to any Unit that is located on, or planned for the area of
future development from the roadways and sidewalks located in the Project. Any
change in or redefinition of the Common Elements shall not alter the open space
plan approved by ____________________________________ without the prior
approval of ____________________________________ under the
____________________________________ Zoning Ordinance and
Condominium Ordinance.
Section 6. CONSOLIDATING MASTER DEED. A Consolidating Master Deed shall be
recorded pursuant to the Act when the Project is finally concluded as determined
by Developer in order to incorporate into one set of instruments all successive
stages of development. The Consolidating Master Deed, when recorded, shall
supersede the previously recorded Master Deed and all amendments thereto.
Section 7. CONSENT OF INTERESTED PERSONS. All of the Co-owners and
mortgages of Units and other persons interested or to become interested in the
Project from time to time shall be deemed to have irrevocably and unanimously
consented to such amendment or amendments to this Master Deed to effectuate
the foregoing and to any proportionate reallocation of percentages of value of
existing Units which Developer or its successors may determine to be necessary
in conjunction with such amendment or amendments. All such interested persons
irrevocably appoint Developer or its successors as agent and attorney for the
purpose of execution of such amendment or amendments to the Master Deed and
all other documents necessary to effectuate the foregoing.
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ARTICLE VIII: EASEMENTS.
Section 1. Easement for Utilities. There shall be easements to, through and over the land in
the Condominium (including all Units and their adjoining Limited Common
Element setback areas) for the continuing maintenance, repair, replacement and
enlargement of any General Common Element utilities in the Condominium as
depicted on the Condominium Subdivision Plan as amended from time to time. If
any portion of a structure located within a Unit encroaches upon a Common
Element due to shifting, settling or moving of a building, or due to survey errors,
construction deviations or change in ground elevations, reciprocal easements shall
exist for the maintenance of that encroachment for as long as that encroachment
exists, and for its maintenance after rebuilding in the event of destruction.
Section 2. Easements Retained by Developer.
A. Roadway Easements.
(1) Developer reserves for the benefit of itself, its successors and assigns, an
easement for the unrestricted use of all roads and walkways in the
Condominium for the purpose of ingress and egress to and from all or any
portions of the Project and the real property described in Article VII. All
expenses of maintenance, repair, replacement and resurfacing of any road
referred to in this Article shall be shared by this Condominium and any
developed portions of the contiguous land described in Article VII whose
closest means of access to a public road is over such road or roads. The
Co-owners of this Condominium shall be responsible from time to time
for payment of a proportionate share of those expenses which share shall
be determined by multiplying those expenses by a fraction, the numerator
of which is the number of Units in this Condominium, and the
denominator of which is comprised of the number of those Units plus all
other dwelling Units in the adjoining land described in Article VII whose
closest means of access to the public road is over that road. Developer
further reserves the right during the Development Period to install
temporary construction roadways and access ways over the General
Common Elements in order to gain access to the Project and the real
property described in Article VII from a public road.
(2) The Developer reserves the right at any time until the lapse of two (2)
years after the expiration of the Development Period, and the Association
shall have the right subsequent to that period, to dedicate to the public a
right-of-way of such width as may be required by the local public
authority over any or all of the General Common Element roadways in
_____________________ . That right-of-way dedication may be made by
the Developer without the consent of any Co-owner, mortgagee or other
person and shall be evidenced by an appropriate amendment to this Master
Deed and Exhibit B, recorded in the _____________________ County
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Records. Any such dedication shall be subject to approval of
__________________ __________________ under the ______________
Zoning ordinance and Condominium Ordinance.
(3) The Developer reserves the exclusive right until the lapse of the
Development Period to maintain, repair, replace, decorate and landscape
the Entranceways and Roadways in the Project. The nature, extent and
expense of maintenance, repair, maintenance, replacement, decoration and
landscaping shall be at the sole discretion of the Developer. All costs and
expenses of initial installation of decorations and landscaping shall not be
costs and expenses of administration and operation of the Condominium,
but shall be borne by the Developer. All costs and expenses of
maintenance, repair, maintenance, replacement, decoration and
landscaping other than for the initial installation of those improvements
shall be costs and expenses of operation and administration of the
Condominium. As used in this Paragraph (3), the term "Entranceways and
Roadways" shall include but shall not be limited to the paved portions of
the General Common Element roads, including but not limited to median
strips and planting and green areas, and all General Common Element land
areas located within 400 feet of the centerline of __________ Road. After
expiration of the Development Period or when Developer assigns to the
Association or to another person the Developer's rights under this
Paragraph A (3), the Association shall have the responsibility for
maintenance, repair, replacement, decoration and landscaping of the
entranceways to the extent those areas are General Common Elements for
which the Association would otherwise have those responsibilities under
the Master Deed and Bylaws for the Project.
(4) Certain parcels of real property that are not located in the Project have
been granted easements for ingress and egress over the General Common
Element roads shown on the Condominium Subdivision Plan for the
Project. In addition, one of those parcels has an easement for ingress and
egress over a 30 feet wide strip that straddles the common boundary line
of Units ___ and __ . Those easements are or shall be evidenced by
documents recorded in the office of the _____________________ County
Register of Deeds.
B. Utility Easements. The Developer also hereby reserves for the benefit of itself,
its successors and assigns, and all present and future owners of all or part of the
real property described in Article VII, perpetual easements to utilize, tap, tie into,
extend and enlarge all utility mains located in the Condominium Premises,
including, but not limited to, water, gas, telephone, electrical, cable television,
storm and sanitary sewer mains for the purpose of servicing any and all
developments located or to be located on the real property described in Article
VII. In the event the Developer, its successors or assigns, utilizes, taps, ties into,
extends or enlarges any utilities located on the Condominium Premises, it shall be
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obligated to pay all of the expenses reasonably necessary to restore the
Condominium Premises to their state immediately prior to such utilization,
tapping, tying-in, extension or enlargement. All expenses of maintenance, upkeep,
repair and replacement of the utility mains described in this Article shall be
shared by this Condominium and any developed portions of the contiguous land
described in Article VII that benefit from those utility mains. The Co-owners of
this Condominium shall be responsible from time to time for payment of a
proportionate share of those expenses which share shall be determined by
multiplying those expenses by a fraction, the numerator of which is the number of
Units in this Condominium, and the denominator of which is comprised of the
number of those Units plus all other dwelling Units in the adjoining land
described in Article VII that benefit from those utility mains. Provided, however,
that the foregoing expenses are to be so paid and shared only if those expenses are
not borne by a governmental agency or public utility. Provided, further, that the
expense sharing shall be applicable only to utility mains and all expenses of
maintenance, upkeep, repair and replacement of utility leads shall be borne by the
Association to the extent such leads are located on the Condominium and by the
owner or owners of the land described in Article VII or portion thereof upon
which are located the dwelling Units which the lead or leads services.
C. Granting Utility Rights to Agencies. The Developer reserves the right at any
time until the lapse of two (2) years after the expiration of the Development
Period, and the Association shall have the right thereafter, to grant easements for
utilities over, under and across the Condominium to appropriate governmental
agencies or public utility companies and to transfer title of utilities to
governmental agencies or to utility companies. Any easement or transfer of title
may be conveyed by the Developer without the consent of any Co-owner,
mortgagee or other person and shall be evidenced by an appropriate amendment
to this Master Deed and Exhibit B recorded in the _________________ County
Records.
D. Developer's Right of Use. The Developer, its successors and assigns, agents and
employees, may maintain facilities as necessary on the Condominium Premises to
facilitate the construction, development and sale of the Units including offices,
models, storage areas, maintenance areas and parking. The Developer shall also
have the right of access to and over the Project to permit the construction,
development and sale of the Units.
Section 3. Grant of Easements by Association. The Association, acting through its
lawfully constituted Board of Directors (including any Board of Directors acting
prior to the Transitional Control Date) shall be empowered and obligated to grant
easements, licenses, Rights-of-entry and right-of-way over, under and across the
Condominium Premises for utility purposes, access purposes or other lawful
purposes that may be necessary for the benefit of the Condominium subject,
however, to the approval of the Developer so long as the Development Period has
not expired.
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Section 4. Association Easements for Maintenance, Repair and Replacement. The
Developer, the Association and all public or private utilities shall have such
easements over, under, across and through the Condominium Premises, including
all Units and Common Elements, as may be necessary to fulfill any
responsibilities of maintenance, repair, decoration, replacement or upkeep which
they or any of them are required or permitted to perform under the Condominium
Documents or by law or to respond to any emergency or common need of the
Condominium.
Section 5. Telecommunications Agreements. The Association, acting through its duly
constituted Board of Directors and subject to the Developer's approval during the
Development Period, shall have the power to grant easements, licenses and other
rights of entry, use and access and to enter into any contract or agreement,
including wiring agreements, right-of-way agreements, access agreements and
multi-unit agreements and, to the extent allowed by law, contracts for sharing of
any installation or periodic subscriber service fees as may be necessary,
convenient or desirable to provide for telecommunications, videotext, broad band
cable, satellite dish, earth antenna and similar services (collectively
"Telecommunications") to the Project or any Unit. However, the Board of
Directors shall not enter into any contract or agreement or grant any easement,
license or right of entry or do any other act or thing that will violate any provision
of any federal, state or local law or ordinance. Any and all sums paid by any
Telecommunications or other company or entity in connection with such service,
including fees, if any, for the privilege of installing same or sharing periodic
subscriber service fees, shall be receipts affecting the administration of the
Condominium Project within the meaning of the Act and shall be paid over to and
shall be the property of the Association.
Section 6. Other Community Easements. The Developer (or the Association after the
expiration of the Development Period) shall have the right to grant any other
easements on the General Common Elements that are necessary or desirable for
development, community usage, coordinated maintenance and operation of
_____________________ and to confer responsibilities and jurisdiction for
administration and maintenance of those easements upon the administrator of
_____________________ .
Section 7. Easement for Maintenance of Roads, Storm Water Detention Areas and
Filtration Facilities. The Association, the _____________________ County
Road Commission, the _______________ Department of Environmental Quality,
and the _______________ of _______________ and their respective contractors,
employees, agents and assigns are hereby granted a permanent and irrevocable
easement to enter onto the General Common Elements, onto each Unit serviced
by the roads, storm water detention areas and storm water filtration facilities, and
onto the Limited Common Elements appurtenant to those Units for the purpose of
inspections, improvement, repairing, maintaining (including preventative
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maintenance), and/or replacing the roads, storm water detention areas and storm
water filtration facilities or any portion thereof. The area of the Condominium
Premises that contains any part of the roads, storm water detention areas and
storm water filtration facilities shall be maintained in a manner so as to be
accessible at all times and shall contain no structures or landscaping features that
would unreasonably interfere with such access. This easement shall not be
modified, amended or terminated without the consent of the _______________ of
_______________ .
Section 8. Easement for Emergency Access. The _______________ of _______________ ,
the County of _______________ , the State of _______________ , their respective
agencies, departments and contractors, and all other appropriate governmental
authorities and their respective contractors, employees, agents and assigns are
hereby granted a permanent and irrevocable easement to enter onto the Common
Elements of the Project for the purpose of providing emergency services such as,
by way of example and not limitation, police, fire and emergency medical and
evacuation services.
Section 9. No Access to ___________ Lake. Except as an appurtenance to title to Units ___
of the Project, as described in Article IV, Section 2.D. of this Master Deed, there
shall be no easement or access for any person to the waters of ___________ Lake
over and across any part of the General Common Elements or Limited Common
Elements, the terms of any other document previously in the office of the
_____________________ County Register of Deeds notwithstanding.
ARTICLE IX: AMENDMENT. This Master Deed and the Condominium Subdivision Plan
may be amended with the consent of 66 2/3% of the Co-owners, except that:
Section 1. Modification of Units or Common Elements. A Unit's dimensions, and the
nature, extent and the responsibility for maintenance, repair or replacement of its
appurtenant Limited Common Elements may not be modified in any material way
without the written consent of the Co-owner and mortgagee of that Unit.
Section 2. Mortgagee Consent. A proposed amendment that would materially alter or
change the rights of mortgagees generally shall require the approval of 66 2/3% of
all first mortgagees of record allocating one vote for each mortgage held.
Section 3. By Developer. Prior to 1 year after expiration of the Development Period, the
Developer may, without the consent of any Co-owner or any other person, amend
the Condominium Documents to correct survey or other errors and make other
amendments that do not materially affect any rights of any Co-owners or
mortgagees in the Project.
Section 4. Change in Percentage of Value. The value of the vote of any Co-owner, the
corresponding proportion of common expenses assessed against him and the
percentage of value assigned to his Unit shall not be modified without his and his
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mortgagee's written consent, except as otherwise provided in the Condominium
Documents.
Section 5. Termination, Vacation, Revocation or Abandonment. The Condominium
Project may not be terminated, vacated, revoked or abandoned without the written
consent of the Developer and 80% of non-Developer Co-owners.
Section 6. Developer Approval. During the Development Period, the Master Deed and
Exhibits A and B shall not be amended or modified without the written consent of
the Developer.
Section 7. __________________ Approval. This Master Deed and the Exhibits attached to
this Master deed shall not be amended without the approval of the City of
__________________ .
ARTICLE X: ASSIGNMENT. The Developer may assign any or all of its rights or powers
under the Condominium Documents or law, to another person or the
Association by an appropriate written document duly recorded in the office of
the _____________________ County Register of Deeds.
DATED this the ____ day of _________ , 20 __ .
___________________________
Developer
Add acknowledgment
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