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<br />4810-5342-0509, v. 2
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<br />container holding thirty (30) or more gallons of water. Each Owner acknowledges that substantial damage
<br />to other Units and/or Association Property may occur as a result of a violation of this restriction.
<br />2.9.12 Vibrations. No Owner shall install or use in its Unit any fixtures or equipment
<br />which will cause unreasonable vibrations, noise or annoyance to other Owners. |
<br />2.9.13 Rights of Disabled. Subject to the provisions of Article 8 (Design Review)
<br />and the Design Guidelines, each Owner may modify such Owner’s Unit and the route over the Association
<br />Property leading to the front door of its Condominium, at such Owner’s sole expense, to facilitate access
<br />to its Condominium by persons who are blind, visually impaired, deaf or physically disabled, or to alter
<br />conditions which could be hazardous to such Persons in accordance with Applicable Laws.
<br />2.9.14 Sound Attenuation. In any multi-family dwelling, sound may be audible
<br />between Units, particularly where the sound level of the source is sufficiently high and the background
<br />sound in an adjacent Unit is very low. These sounds may include without limitation, music, voices, animal
<br />noises, footsteps, children noises, furniture movement, appliance usage, water usage and other sounds.
<br />To minimize the sound transmission from a Unit, each Owner shall adhere to the following:
<br />(a) On demising walls (party walls), acoustical sealant shall be packed
<br />around the point of penetration of all pictures and other decorative items hung from the wall that require
<br />nailing or screwing. No holes or other penetrations shall be made in demising walls except for decorative
<br />items without the permission of the Board. No penetrations of any sort shall be made in the ceilings of any
<br />Unit.
<br />(b) No modifications shall be made to any Unit which would result in a
<br />reduction in the minimum impact insulation class of the Unit.
<br />(c) No Owner shall attach to the walls or ceilings or place on the floor of
<br />any Unit anything which will cause unreasonable sound levels, vibrations, noise or annoyance to the other
<br />Owners. No audio, television, stereo, speakers, or other audio, visual or media equipment shall be installed
<br />in or on any demising wall without the permission of the Board. Speakers for audio, television, stereo, or
<br />other audio, visual or media equipment shall not be supported from or contact demising walls and shall be
<br />elevated from the floor by an adequate acoustic platform. Sound from such speakers must be kept at a
<br />reasonable level so as not to interfere with other Owners’ enjoyment of their Units.
<br />(d) Pianos shall have adequate acoustic pads under the supports to
<br />minimize vibration transmission into the structure.
<br />(e) All furniture shall have roller castors or adequate acoustic pads.
<br />(f) No Owner shall install any hard surface or other flooring or make any
<br />other modification to any part of their Unit which may increase sound transmission between their Unit and
<br />other part of the Community, including without limitation, tile or hardwood floors and wall or ceiling
<br />coverings, unless the prior written approval of the Board has been obtained. As a condition to approving
<br />the installation of such modifications, the Owner shall submit to the Board construction specifications clearly
<br />describing the proposed modifications in sufficient detail necessary to determine whether sound
<br />transmission will be sufficiently mitigated.
<br />2.10 Mineral Exploration. No portion of the Property shall be used in any manner to explore
<br />for or to remove any oil, minerals, natural gas or other hydrocarbons, geothermal heat or substances, water,
<br />gravel, earth or any earth substance or other mineral of any kind (“Subsurface Resources”). No well for
<br />the production of, or from which there is produced, Subsurface Resources shall be operated within the
<br />Community, nor shall any machinery, appliance or structure be placed, operated or maintained thereon for
<br />use in connection with any trading, manufacturing or repairing business. Notwithstanding the foregoing,
<br />nothing in this Section or anywhere else in this Declaration shall be deemed to prohibit, impair or in any
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