|
<br />
<br />4810-5342-0509, v. 2
<br /> 9
<br />
<br />provisions of this Declaration or previously recorded Supplementary Declaration(s), including exhibits
<br />hereto.
<br />
<br />1.77 “Unit” means the elements of a Condominium which are not owned in common with the
<br />other Owners, such Units and their respective elements and boundaries being shown and particularly
<br />described in the Condominium Plan. The dimensions of a Unit are measured from the unfinished floor,
<br />walls and ceiling, except as otherwise noted herein. The Unit includes all Improvements situated within its
<br />boundaries, and includes, without limitation: (i) interior walls (except interior bearing walls); (ii) the interior
<br />undercoated surfaces of bearing walls and perimeter walls, floors and ceilings; (iii) any interior door; exterior
<br />doors and windows; (iv) appliances, cabinets, and all electrical, heating, plumbing and other utility fixtures;
<br />(v) the openings and outlets of all Utility Facilities that are located partially within the Unit and partially in
<br />the Association Property, such as electrical outlets, and that exclusively serve the Unit; (vi) all Utility
<br />Facilities serving solely that Unit, whether located in the Unit or the Association Property; (vii) the fire box
<br />of any fireplace located in the Unit; and (viii) the garage located in the Unit. The following are not part of
<br />any Unit: bearing walls, columns, floors, roofs, foundations, and Utility Facilities that serve two (2) or more
<br />Units wherever located. In interpreting deeds and plans, the then existing physical boundaries of a Unit,
<br />whether in its original state or reconstructed in substantial conformance with the original plans thereof, shall
<br />be conclusively presumed to be its boundaries rather than the boundaries expressed in the Condominium
<br />Plan, deed or in any other recorded document, regardless of variances between boundaries shown on the
<br />Condominium Plan or any other recorded document and those of the building within which the Unit is
<br />located and regardless of settling or lateral movement of the building in which the Unit is located.
<br />1.78 “Utility Facilities” means all utility facilities serving the Community including, without
<br />limitation, intake and exhaust systems, backflow preventers, storm and sanitary sewer systems, drainage
<br />systems and pollution control devices, common ducting systems for ventilation and utility services, domestic
<br />water systems, natural gas systems, heating and air conditioning systems, electrical systems, fire protection
<br />water and sprinkler systems, telephone systems, cable television systems, telecommunications systems,
<br />satellite communications systems, water systems, sump pumps, pool equipment, central utility services and
<br />all other utility systems and facilities reasonably necessary to service any Improvement situated in, on, over
<br />and under the Community.
<br />1.79 “Voting Power” means the voting power of the Association set forth in Section 5.2
<br />(Number of Votes).
<br />ARTICLE 2
<br />USE RESTRICTIONS
<br />2.1 Animals. Only domestic animals that are kept as household pets and are not kept, bred
<br />or raised for commercial purposes are permitted to be maintained within the Community. In no event shall
<br />poultry, livestock or other farm animals (including, without limitation, goats and chickens) be kept within the
<br />Community. No Owner shall keep: (a) more than a total of two (2) dogs; (b) any dogs which, in the
<br />reasonable determination of the Board, are determined to be a threat to the safety of the Occupants, which
<br />shall not be allowed under any circumstances; or (c) more than two (2) cats, or a combination of dogs and
<br />cats (but not to exceed two (2) dogs and cats in total) within such Owner’s Unit. Domestic reptiles, birds,
<br />rodents and fish shall be permitted in reasonable numbers so long as such animals are kept in the interior
<br />of a Unit. If an Owner keeps any birds, the birds shall not be heard outside of the Residence. No animal
<br />shall be permitted to be maintained, at any time, within any recreational areas situated within the
<br />Community. Nothing contained herein shall restrict the keeping of fish in an aquarium or fish in an exterior
<br />pond or pool (such as koi) so long as the approvals for the installation of such pond have been obtained
<br />under Article 8 (Design Review). Notwithstanding the foregoing, the Rules may further limit or restrict the
<br />keeping of pets and the Board shall have the power to prohibit the keeping or maintenance of any animal,
<br />which, in the opinion of the Board, after Notice and Hearing, is deemed by the Board to constitute a nuisance
<br />to any other Owner or Occupant or which constitutes a threat to personal safety in the sole and absolute
<br />opinion of the Board. Each person bringing or keeping a pet within the Community shall be liable to other
<br />Owners and their Invitees for any damage to persons or property caused by such pet. Each Owner shall
<br />clean up after such animals that have deposited droppings or otherwise used any portion of the Community.
<br />262
|