CHoP Declaration - 2016

 

 

 

DECLARATION

 

OF

 

CARRIAGE HOMES ON THE POND

 

A Condominium

 

 

Fairfield Drive

Brookfield, Connecticut

 

 

Declared By:

 

Carriage Homes on the Pond, LLC

246 Federal Road Suite D-25

Brookfield, Connecticut 06804

 

 

 

 

 

 

 

 

 

 

 

DECLARATION OF CARRIAGE HOMES ON THE POND

 

Carriage Homes on the Pond, LLC, a Connecticut limited liability company having an office at 246 Federal Road Suite D-25, Brookfield, Connecticut 06804, hereby submits the real property in the Town of Brookfield, Connecticut, described in Schedule A, to the provisions of the Common Interest Ownership Act, Chapter 828, of the Connecticut General Statutes, as amended, for the purposes of creating Carriage Homes on the Pond.

 

                                                                    ARTICLE I

                                                                  DEFINITIONS

 

            In the Documents, the following words and phrases shall have the following meanings:

 

            Section 1.1 - Act.  The Common Interest Ownership Act, Chapter 828, of the Connecticut General Statutes, as it may be amended from time to time (the "Act").

 

            Section 1.2 - Allocated Interests.  The undivided interest in the Common Elements, the Common Expense liability, and Votes in the Association, allocated to the Units in the Condominium.  The Allocated Interests are described in Article IX of this Declaration and shown on Schedule B.

 

            Section 1.3 - Association.  Carriage Homes on the Pond Association, Inc., a nonstock corporation organized under the laws of the State of Connecticut.  It is the Association of Unit Owners pursuant to Section 47-243 of the Act.

 

            Section 1.4 - Bylaws.  The Bylaws of the Association, as they may be amended from time to time.

 

            Section 1.5 - Common Elements.  All portions of the Condominium other than the Units.

 

            Section 1.6 - Common Expenses. The expenses for the operation of the Condominium as set forth in Section 19.1 of this Declaration.

 

            Section 1.7 ‑ Common Interest Community: Real property described in a declaration with respect to which a person, by virtue of his or her ownership of a Unit, is obligated to pay for

 

                        (i)        real property taxes on;

 

                        (ii)       insurance premiums on;

 

                        (iii)      maintenance of; or

 

          (iv)      improvement of  any real property other than the Unit described in this Declaration.  Carriage Homes on the Pond is a Common Interest Community. 

           

            Section 1.8 - Condominium:  A Condominium in which portions of the real property are designated for separate ownership and the remainder of the real property is designated for common ownership solely by the owners of those portions, and the undivided interests in the Common Elements are vested in the unit owners.  Carriage Homes on the Pond is a Condominium.

 

            Section 1.9 - Declarant.  Carriage Homes on the Pond, LLC, a Connecticut limited liability company, or its successor, as defined in Section 47-202(12) of the Act.

 

            Section 1.10 - Declaration.  This document, including any amendments.

 

            Section 1.11 ‑ Development Rights.  Any right or combination of rights reserved by a Declarant in a declaration to:

 

                        (a)       add real property to a Condominium;

 

                        (b)       create units, common elements, or limited common elements within a Condominium;

 

                        (c)       subdivide units or convert units into common elements;

 

                        (d)       withdraw real property from a Condominium.

 

                        The Development Rights reserved in this Declaration are set forth in Article VIII hereof.

 

            Section 1.12 - Director.  A member of the Executive Board.

 

            Section 1.13 - Documents.  The Declaration and the Survey recorded and filed pursuant to the provisions of the Act, the Bylaws, and the Rules, if any, as they may be amended from time to time.  Any exhibit, schedule or certification accompanying a Document is a part of that Document.

 

            Section 1.14 ‑ Eligible Insurer.  An insurer or guarantor of a first Security Interest in a Unit which has notified the Association in writing of its name and address and that it has insured or guaranteed a first Security Interest in a Unit.  Such notice shall be deemed to include a request that the Eligible Insurer be given the notices and other rights described in Article XVIII.

 

 

 

            Section 1.15 - Eligible Mortgagee.  The holder of a first Security Interest in a Unit which has notified the Association in writing of its name and address and that it holds a first Security Interest in a Unit.  Such notice shall be deemed to include a request that the Eligible Mortgagee be given the notices and other rights described in Article XVIII.

 

            Section 1.16 - Executive Board.  The board of directors of the Association.

 

            Section 1.17 - Improvements.  Any construction or facilities existing or to be constructed on the land included in the Condominium, including, but not limited to, buildings, trees and shrubbery planted by the Declarant or the Association, driveways, utility wires, pipes, light poles, paving, roads, wells, and storm and sanitary sewerage systems.

 

            Section 1.18 - Limited Common Elements.  A portion of the Common Elements allocated by the Declaration or by the operation of Subsection (2) or (4) of Section 47-221 of the Act for the exclusive use of one or more but fewer than all of the Units.  The Limited Common Elements in the Condominium are described in Article V of this Declaration. 

 

            Section 1.19 - Notice and Comment.  The right of a Unit Owner to receive notice of an action proposed to be taken by or on behalf of the Association, and the right to comment thereon.  The procedures for Notice and Comment are set forth in Section 24.1 of this Declaration.

 

            Section 1.20 - Notice and Hearing. The right of a Unit Owner to receive notice of an action proposed to be taken by the Association, and the right to be heard thereon.  The procedures for Notice and Hearing are set forth in Section 24.2 of this Declaration.

 

            Section 1.21 - Person.  An individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity.

 

            Section 1.22 - Plans.  There are no plans filed with this Declaration since the Unit boundaries consist of the vertical planes of the outer edge of the Units and the surface of the land and, therefore, all the information required by the Act is set forth in the Survey.

 

            Section 1.23 - Property.  The land, all Improvements, easements, rights and appurtenances, which have been submitted to the provisions of the Act by this Declaration.

 

            Section 1.24 - Rules.  Rules, and/or regulations, for the use of Units and Common Elements and for the conduct of Persons within the Condominium, adopted by the Executive Board pursuant to this Declaration. 

 

            Section 1.25 - Security Interest.  An interest in real property or personal property, created by contract or conveyance, which secures payment or performance of an obligation.  The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of leases or rents intended as security, pledge of an ownership interest in the Association, and any other consensual lien or title retention contract intended as security for an obligation.

 

            Section 1.26 ‑ Special Declarant Rights.  Rights reserved for the benefit of a Declarant to:

 

                        (a)       complete improvements indicated on surveys and plans filed with a declaration;

 

                        (b)       exercise any development right;

 

                        (c)       maintain sales offices, management offices, signs advertising the Condominium, and models;

 

                        (d)       use easements through the common elements for the purpose of making improvements within the Condominium or within real property which may be added to the Condominium;

 

                        (e)       make the Condominium subject to a master association;

 

                        (f)        merge or consolidate a Condominium with another Condominium of the same form of ownership;

 

                        (g)       appoint or remove any officer of the association or any master association or any executive board member during any period of declarant control.

 

The Special Declarant Rights reserved in this Declaration are set forth in Article VIII hereof.

 

            Section 1.27 - Survey.  The survey filed with this Declaration as Schedule C, as it may be amended or supplemented from time to time.

 

            Section 1.28 - Unit.  A Unit is that real property consisting of the space filled with air above the surface of the land, with all rights of ownership and possession in such air space and in the buildings and other Improvements now lying within such air space, or to be constructed within such air space, within the vertical boundaries defined by the Unit lines, as more particularly shown on the Survey, extended to the heavens.  A Unit is also a physical portion of the Condominium designated for separate ownership or occupancy, the boundaries of which are more fully described in Section 4.3 hereof, and on the Survey, including all buildings and other Improvements which are or will be constructed therein.

 

            Section 1.29 - Unit Owner.  The Declarant or other Person who owns a Unit.  Unit Owner does not include a Person having an interest in a Unit solely as security for an obligation. The Declarant is the initial owner of any Unit created by this Declaration. 

 

            Section 1.30 - Votes.  The votes allocated to each Unit as shown on Schedule B.

 

                                    

ARTICLE II

NAME AND TYPE OF CONDOMINIUM AND ASSOCIATION

 

            Section 2.1 - Condominium.  The name of the Condominium is Carriage Homes on the Pond.  Carriage Homes on the Pond is a condominium (the "Condominium").

 

            Section 2.2 - Association.  The name of the Association is Carriage Homes on the Pond Association, Inc.  The Association is a non-stock corporation organized and existing under the laws of the State of Connecticut. 

 

                                                                   ARTICLE III

                                                       DESCRIPTION OF LAND

 

            The Condominium is situated entirely in the Town of Brookfield, Connecticut, and is located on the land described in Schedule A.

 

                                                                   ARTICLE IV

MAXIMUM NUMBER OF UNITS, IDENTIFICATION AND BOUNDARIES

 

            Section 4.1 - Number of Units.  The Condominium contains one (1) Unit.  The Declarant has reserved the right to create up to twenty-three (23) additional Units.

 

            Section 4.2 - Identification of Units.  All Units are identified by number and are shown on the Survey.

 

            Section 4.3 - Boundaries.  The boundaries of each Unit created by this Declaration, and shown on the Survey as numbered Units, with identifying numbers, are described as follows:

 

(a)       Perimeter and Lower Boundaries:  The Unit is that real property consisting of the space filled with air above the surface of the land with all rights of ownership and possession in such air space, and in the buildings and other Improvements now lying within or to be constructed within such air space, within the vertical planes intersecting the surface of the earth at the boundary lines of each Unit as shown on the Survey.  All of the underlying land shall remain undivided and a Common Element.  The area lying below the boundaries of the Unit shall constitute a Limited Common Element, appurtenant to the Unit, as set forth in Article V hereof.

 

(b)       Exclusions:  Except when specifically included by other provisions of this Section 4.3, the following are excluded from each Unit:

 

            (i)    the spaces and Improvements lying outside of the boundaries described in Section 4.3(a) above; and

 

            (ii)   pipes, ducts, wires, conduits, septic systems, drainage systems and ways, drive portions, and other facilities running through, or within, any Unit for the purpose of furnishing sewerage, utility, access, water and other similar services to other Units or Common Elements, or the land and other real property within the Condominium.  

 

(c)       Inconsistency with Survey: If the Survey is inconsistent with these definitions, then these definitions shall control.

 

                                                                    ARTICLE V

                                                 LIMITED COMMON ELEMENTS

 

            The following portions of the Common Elements are Limited Common Elements assigned to the Units as stated:

 

            (a)  The space lying directly below each Unit within the planes of the vertical perimeter of the boundaries of the Unit extended to the center of the earth, and the Improvements within such space, which may consist of, without limitation, sewerage systems, footings, foundations, slabs, basements, cellars, drives, electrical wiring, pipes, pavement, ducts, conduits, television, telephone and electrical receptacles, light fixtures, posts, vaults, boxes, and underground Improvements serving that Unit exclusively, the surfaces of the foregoing being the boundaries of the Limited Common Elements allocated to such Unit, whether or not such spaces are contiguous or below the surface of the land or within the Common Elements or adjoining Units or Limited Common Elements allocated to such Unit, or accurately depicted on the Survey attached to this Declaration as Schedule C.

 

            (b)   Portions of driveways serving individual residences that are located outside of the Units' boundaries

 

            As to each of the foregoing, a right of use is reserved as an appurtenance to the particular Unit or Units as described above.  The fee ownership of the Limited Common Elements, however, is vested in all of the Unit Owners.

 

                                                                   ARTICLE VI

                                  MAINTENANCE, REPAIR AND REPLACEMENT

 

            Section 6.1 - Common Elements.  The Association shall maintain, repair and replace all of the Common Elements, except the portions of the Limited Common Elements which are required by this Declaration to be maintained, repaired or replaced by the Unit Owners.  By way of illustration only, and without intending to limit the generality of the foregoing, the Association shall be responsible to maintain, repair and replace:

 

                                      (a)  Carriage House Lane and Black Swan Court (and the portions of the Units that cross such roads) and paving, curbing, striping and signage associated therewith, including, without limitation, the plowing of all such roads;

 

                                      (b)  the pond;

 

                                      (c)  the emergency access road, the portion of Unit 8 crossing such road and the breakaway chains located thereon;

 

                                      (d) fire suppression tank and hydrants;

 

                                      (e)  storm and site drainage systems and appurtenances;

 

                                      (f) lighting fixtures located within the Common Elements;

 

                                      (g) removal of snow and ice from and upon those portions of driveways serving individual residences that are located outside of the Unit's boundaries;

                                                 

                                      (h)  maintainance, repair and replacement of the concrete pond weir water control structure located on land of the Connecticut Light and Power Company outside of the Condominium.

 

            Section 6.2 - Units.  Each Unit Owner shall maintain, repair and replace, at his or her own expense, all portions of his or her Unit, except the portions thereof to be maintained, repaired or replaced by the Association.  By way of illustration only, and without intending to limit the generality of the foregoing, each Unit Owner shall be completely and directly responsible for the maintenance, repair and replacement, both interior and exterior, of any and all buildings or other Improvements within his or her Unit, including his or her residence, decks, patios, driveway, walkways, well and septic system and appurtenances thereto, except as set forth elsewhere herein.

 

            Section 6.3 - Portions of Units to be maintained by the Association:

 

            (a) landscaped areas within Units as provided in Section 6.5.

 

            (b)  removal of snow and ice from and upon driveways and walks serving individual residences;

 

            (c)   periodic cleaning of gutters and leaders serving individual residences,

 

            (d)  periodic cleaning of septic systems;

 

            Section 6.4 - Limited Common Elements.  Except as set forth in Sections 6.1 and 6.2, each Unit Owner shall be completely and directly responsible for the maintenance, repair and replacement of those Limited Common Elements described in Article V of this Declaration and for all costs and expenses whatsoever related to such Limited Common Elements.

 

            If a Unit Owner fails to keep a Unit or Limited Common Element or the Improvements located therein for which he or she is responsible in a sightly and safe condition, and in good repair, the Association may, after Notice and Hearing perform the necessary maintenance, repair or replacement and assess the cost thereof to such Unit Owner as a Common Expense.  In an emergency the Notice and Hearing may take place after the Association has performed such maintenance, repair or replacement.  

 

            Section 6.5 – Landscaping.  The Association shall maintain the lawns and landscaping within the entire Condominium including such lawns and landscaping as are located within the Units.  Notwithstanding the foregoing, to the extent that Unit Owners establish private planted areas, such as gardens, within their Units, the Unit Owners shall be responsible for the maintenance of such areas.  If a Unit Owner shall fail to keep such an area in good condition, or if such an area shall otherwise become unsightly, the Association shall have the right to perform the necessary maintenance, repair or replacement of such area, or, if necessary, to cut down such plantings and revert them to grass areas consistent with the other lawn areas within the Unit and the remainder of the Condominium, and to assess the costs thereof to such Unit Owner as a Common Expense.

 

            Section 6.6 - Access.  Any person authorized by the Executive Board shall have the right of access to all portions of the Property, including the Units, for the purpose of exercising the Association's maintenance, repair and replacement obligations under this Article VI, and for the purpose of correcting any condition threatening a Unit or the Common Elements, and for the purpose of performing installations, alterations or repairs, provided that requests for entry are made in advance and that such entry is at a time reasonably convenient to the affected Unit Owner.  In the case of an emergency, no such request or notice shall be required and such right of entry shall be immediate, whether or not the Unit Owner is present at the time.

 

            Section 6.6 - Repairs Resulting from Negligence.  Each Unit Owner shall reimburse the Association for any damages to any other Unit or to the Common Elements caused intentionally, negligently or by his or her failure to properly maintain, repair or make replacements to his or her Unit and any Improvement located thereon.  The Association shall be responsible for damage to Units caused intentionally, negligently or by its failure to maintain, repair or make replacements to the Common Elements.

 

                                                                   ARTICLE VII

SUBSEQUENTLY ALLOCATED LIMITED COMMON ELEMENTS

 

            No portion of the existing Common Elements may be subsequently allocated as Limited Common Elements. 

 

                                                                  ARTICLE VIII

DEVELOPMENT RIGHTS AND OTHER SPECIAL DECLARANT RIGHTS

 

     Section 8.1 ‑ Reservation of Development Rights.  The Declarant reserves the following Development Rights:

 

            (a)       All lawful Development Rights as the same are defined in Section 47-202 (14) of the Act more specifically but not by limitation, the right to add Units and Limited Common Elements in locations shown as "Development Rights Reserved in this Area" on the Survey and the right to withdraw any of the real property designated as "Development Rights Reserved in this Area" on the Survey.

 

            (b)       The right to construct underground utility lines, pipes, wires, ducts, conduits and other facilities across the land not designated "Development Rights Reserved in this Area" on the Survey for the purpose of furnishing utility and other services to buildings and Improvements to be constructed on the land designated "Development Rights Reserved in this Area" on the Survey.  The Declarant also reserves the right to grant easements to public utility companies, state and/or local municipalities, agencies, commissions or boards and to convey Improvements within those easements anywhere in the Common Interest Community for the above-mentioned purposes.  If the Declarant grants any such easements, Schedule A shall be amended to include reference to the recorded easement.

 

            NOTE:  In accordance with Connecticut General Statutes Section 47-228 (c), the Survey may show contemplated Improvements to be constructed within the Condominium.  Unless the Survey shows that the contemplated Improvements MUST BE BUILT, contemplated Improvements shown in an area subject to Development Rights NEED NOT BE BUILT.

           

            Section 8.2 ‑ Limitations on Development Rights.  The Development Rights reserved in Section 8.1 are limited as follows:

 

            (a)       The Development Rights may be exercised at any time but not more than fifteen (15) years after the recording of the initial Declaration;

 

            (b)       No Development Rights may be exercised unless approved pursuant to Section 18.5 of this Declaration.

 

            Section 8.4 - Special Declarant Rights.  The Declarant reserves the following Special Declarant Rights, to the maximum extent permitted by law, which may be exercised, where applicable, anywhere within the Condominium:

 

            (a)       To maintain models, sales offices, management offices and signs advertising the Condominium.

 

            (b)       To use easements through the Common Elements for the purpose of making Improvements within the Condominium.

 

            (c)       To appoint or remove any officer of the Association or any Executive Board member during any period of Declarant control subject to the provisions of Section 8.9 of this Declaration.

 

                        (d)       To complete Improvements indicated on the Survey filed with this Declaration, including, but not limited to, residential buildings and related improvements, underground utility lines, pipes, wires, ducts, conduits and other facilities, in any and all locations within the Condominium, as shown on the Survey, the right to construct walking trails within the Condominium, to use easements through the Common Elements for the purpose of making Improvements within the Condominium, and the right and privilege to enter upon any Unit at anytime either prior or after the conveyance to a purchaser to change the grade of the ground and/or install or change drainage control devices. 

 

            (e)       To make the Condominium subject to a master association.

 

            (f)        To merge or consolidate a Condominium with another Condominium of the same form of ownership;

 

            (g)       To exercise any Development Right reserved in this Declaration.

 

 

            Section 8.5 - Models, Sales Offices and Management Offices.  As long as the Declarant is a Unit Owner, the Declarant and its duly authorized agents, representatives and employees may maintain any Unit owned by the Declarant or any portion of the Common Elements as a model Unit or sales office or management office.

 

            Section 8.6 - Construction; Declarant's Easement.  The Declarant reserves, for itself and its authorized agents and employees, the right to perform warranty work, repairs and construction work, as the Declarant deems necessary, and to store materials in secure areas, in the Units and Common Elements, and the further right to control all such work and repairs, and the right of access thereto, until its completion.  All work may be performed by the Declarant without the consent or approval of the Executive Board.  The Declarant has such an easement through the Common Elements and Units as may be reasonably necessary for the purpose of discharging the Declarant's obligations or exercising Special Declarant Rights, whether arising under the Act or reserved in this Declaration.  In furtherance of its Special Declarant Rights, the Declarant may grant utility and drainage easements to public and private utilities, municipalities, the State of Connecticut, riparian owners, or owners of adjacent land.

 

            Section 8.7 - Signs and Marketing.  The Declarant reserves the right to post signs and displays in the Common Elements to promote sales of Units and to conduct general sales activities in such a manner as will not unreasonably disturb the rights of the Unit Owners.

 

            Section 8.8 - Declarant's Personal Property.  The Declarant reserves the right to retain all personal property and equipment used in the sales, management, construction and maintenance of the Property that has not been represented as property of the Association.  The Declarant reserves the right to remove, within a reasonable time after the sale of any Unit, any and all goods and improvements used in the sale, development, marketing and construction of such Unit, whether or not they have become fixtures, and to promptly remove such goods and improvements from the Common Elements.

 

            Section 8.9 - Declarant Control of the Association.

 

            (a) Subject to Subsection 8.9(b), there shall be a period of Declarant control of the Association, during which the Declarant, or persons designated by it, may appoint and remove the officers and members of the Executive Board.  The period of Declarant control terminates no later than the earlier of:

 

                        (i)        sixty (60) days after conveyance of sixty (60%) percent of the Units in Carriage Homes on the Pond;  or

 

                        (ii)       two (2) years after the Declarant has ceased to offer Units for sale in the ordinary course of business.

 

            The Declarant may voluntarily surrender the right to appoint and remove officers and members of the Executive Board before termination of that period, but in that event the Declarant may require, for the duration of the period of Declarant control, that specified actions of the Association or Executive Board, as described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective.

 

            (b) Not later than sixty (60) days after conveyance of one-third of the Units in Carriage Homes on the Pond, at least one (1) member and not less than one-third (1/3) of the members of the Executive Board shall be elected by Unit Owners other than the Declarant.

 

            (c) Not later than the termination of any period of Declarant control, the Unit Owners shall elect an Executive Board of at least three (3) members, a majority of whom shall be Unit Owners.  The Executive Board shall elect the officers.  The Executive Board members and officers shall take office upon election.

 

            (d) Notwithstanding any provision of this Declaration or the Bylaws to the contrary, the Unit Owners, by a two-third (2/3) vote of all persons present and entitled to vote at any meeting of the Unit Owners at which a quorum is present, may remove any member of the Executive Board with or without cause, other than a member appointed by the Declarant.

 

            Section 8.10 - Limitations on Special Declarant Rights.   Unless sooner terminated by a recorded instrument executed by the Declarant, any Special Declarant Right may be exercised by the Declarant until the earlier of the following:

 

            (a)       the Declarant ceases to be obligated under any warranty or obligation, and ceases to own any Unit or any Security Interest in any Unit; or

 

            (b)       fifteen (15) years after the recording of the initial Declaration.  Earlier termination of certain rights may occur by statute.

 

            Section 8.11 - Interference with Special Declarant Rights. Neither the Association nor any Unit Owner may take any action or adopt any rule that will interfere with or diminish any Special Declarant Right without the prior written consent of the Declarant.

 

            Section 8.12 - Technical Changes.  As long as the Declarant is a Unit Owner or retains any Special Declarant Rights, the Declarant reserves for itself, on behalf of all Unit Owners and the Association, the right to file amendments to this Declaration for the purpose of correcting any errors contained herein or clarifying any provisions hereof, provided that such corrections and clarifications are technical in nature and do not adversely affect the use and enjoyment of the Property by the Unit Owners.

 

                                                                   ARTICLE IX

                                                      ALLOCATED INTERESTS

 

            Section 9.1 - Allocation of Interests.  The table showing the Unit number and the Allocated Interests of the Unit is attached as Schedule B.  These interests have been allocated in accordance with the formulas set out in this Article IX. 

 

            Section 9.2 - Formulas for the Allocation of Interests.  The interests allocated to the Unit, and which will be allocated to additional Units, if created have been calculated by the following formulas:

 

            (a) Undivided Interest in the Common Elements.  The percentage of the undivided interest in the Common Elements has been or will be allocated to each Unit equally and is based upon one (1) share to each Unit.

 

            (b) Liability for the Common Expenses.  The percentage of liability for Common Expenses has been or will be allocated to each Unit equally and is based upon one (1) share to each Unit.  Nothing contained in this Subsection shall prohibit certain Common Expenses from being apportioned to particular Units under Article XIX of this Declaration.

 

            (c) Votes.  Each Unit in the Condominium shall have one (1) equal Vote in the Association.  Any specified percentage, portion or fraction of Unit Owners, unless otherwise stated in the Documents, means the specified percentage, portion, or fraction of all of the Votes as allocated in Schedule B.

 

ARTICLE X

RESTRICTIONS ON USE, ALIENATION AND OCCUPANCY

 

            Section 10.1 - Use and Occupancy Restrictions. Subject to the Special Declarant Rights reserved under Article VIII, the following restrictions apply to all Units and to the Common Elements:

 

            (a)       Each Unit is restricted to residential use as a single-family residence. A single-family residence is defined as a single housekeeping unit, operating on a non-profit, non-commercial basis between its occupants, cooking and eating with a common kitchen and dining area. Each garage is restricted to use as storage and as a parking space for vehicles.  Said storage shall not prevent the occupant of the residence from parking at least one motor vehicle in the garage with the doors of the garage closed. No more than three vehicles may be stored or parked in the Unit at any one time and at least one of the three vehicles must be parked in the garage.

 

            Except for those activities that are conducted as a part of the construction, marketing and development program of the Declarant, which shall include, without limitation, the right to conduct all construction, marketing and development activities relating to the development of Carriage Homes on the Pond, including the right to maintain construction or sales offices, signs, specialty fencing and/or lighting and other displays, no industry, business, trade or commercial activities, other than home offices, not requiring regular visits from the public or unreasonable levels of mail, shipping, trash or storage, and only, in any event, to the extent permitted by the Brookfield Zoning Regulations, shall be conducted, maintained or permitted within any Unit.  Except as set forth above with respect to the Declarant, no sign, logo or advertising materials shall be displayed, installed or permitted in the Condominium without the consent of the Executive Board.  The Executive Board shall not unreasonably withhold its consent to the installation and maintenance of house numbers and a sign with the name of the individual or family owning or occupying the Unit. Notwithstanding the generality of the foregoing, Unit Owners shall not be permitted to erect "For Sale" or "For Rent" signs within the Condominium.

 

            (b)       No noxious or offensive activity shall be carried on upon the Property or any Unit, nor shall anything be done thereon which may be or may become an annoyance or nuisance to any other Unit Owner or occupant or shall interfere with the rights, comforts or convenience of any other Unit Owner or occupant.  Each Unit Owner shall keep his or her Unit in good order and repair. No trash, garbage, metal, scrap or other waste may be placed or stored upon the Property or any Unit, except in approved recycle or sanitary containers which may be placed outside only on scheduled collection days.  Refuse and recycling containers must be kept in the garage and should not be placed at the curb until later in the evening the day before pickup and returned as soon as possible on pickup day.  No lumber, metals, bulk materials, refuse or trash shall be burned, whether in indoor incinerators or otherwise (excluding the burning of wood in a fireplace), kept, stored, or allowed to accumulate within any Unit, except (i) building materials during the course of construction of any approved building, and (ii) a reasonable amount of split wood for use in a fireplace or wood furnace.

 

            (c)       No animals, rabbits, livestock, fowl or poultry of any kind shall be raised, bred or kept in any Unit or in the Common Elements, except that each Unit may contain dogs or cats, not to exceed a total of two such pets per Unit, except as may otherwise be permitted by the Executive Board.  While located in any outdoor areas, dogs and cats shall be walked on a leash or carried. They may not remain outdoors on any kind of leash or chain attached to a post or similar object.  Unit Owners shall be responsible to immediately clean up after their pets in all outdoor areas of the Condominium. Any pet that causes or creates a nuisance or unreasonable disturbance or noise may, following Notice and Hearing, be permanently removed from the Condominium upon the direction of the Executive Board.  Unit Owners shall compensate any person that is hurt by his or her pet, and shall hold the Association harmless from any claim resulting from any action whatsoever of his or her pet.

 

            (d)       No Unit Owner shall permit anything to be done or kept in the Condominium which will result in the increase in the rate of insurance or cancellation of insurance coverage, with respect to the Association's public liability insurance or the property insurance on any Unit in the Condominium.

 

            (e)       No trailer, boat, camper, truck, or commercial vehicle may be placed or stored within a Unit at any time, either temporarily or permanently, except inside a garage with the door closed, provided, however, that trucks or commercial vehicles may be parked outside of an enclosed garage, for a limited time, in connection with the delivery of merchandise to, or the performance of service at, any Unit.  No unlicensed vehicle, whether inside or outside of an enclosed garage, may be placed or stored within a Unit at any time, either temporarily or permanently.  Vehicles may not be parked in such a manner as to block access to driveways, fire lanes, fire hydrants, or clear two lane passage by vehicles on roads.  Vehicles in violation will be towed after reasonable efforts to contact the person, Unit Owner or occupant to whom the vehicle is registered.  In addition, a fine in an amount set by the Executive Board may be levied against the person, Unit Owner or occupant to whom the vehicle is registered, following Notice and Hearing.  Vehicles parked within the Unit boundaries shall be the responsibility of the Unit Owner.

 

            (f)        All Unit Owners shall comply with and conform to all applicable laws and regulations of the State of Connecticut and all ordinances, rules and regulations of the Town of Brookfield.  Any Unit Owner who violates or fails to comply with any of the foregoing shall hold the Association and other Unit Owners harmless from all fines, penalties, costs and prosecutions for such violation thereof or noncompliance therewith.

 

            (g)       No radio, television, or other, tower, pole, satellite dish or antenna, or similar structure, shall be erected on any part of any Common Element or Unit, including but not limited to radio or television mast antennas.  Notwithstanding the foregoing, a satellite dish not greater than one foot (1') in diameter may be installed within a Unit provided that no part of the satellite dish is visible from the street.

 

            (h)       To ensure that all structures and improvements within the Property are compatible and aesthetically appealing, no Unit Owner shall be permitted to erect or cause to be erected within his Unit, without the prior written consent and design approval of the Declarant, until such time as the Declarant no longer owns a Unit or any Development Rights within the Condominium, and, thereafter, without the prior written consent and design approval of the Executive Board, any residence or other structure, any fence, in-ground swimming pool, tennis court or other outdoor game court, gazebo, swing set, patio, deck, storage shed, driveway, tree house, fountain, walkway, flagpole, doghouse, garden greater than 100 square feet, sign, banner, awning, or other exterior building, or expansion, addition, or improvement to any existing building (collectively the “Alterations”).  No above ground pools shall, in any event, be permitted.  Notwithstanding that any Unit Owner may have obtained such consent, as herein required, all applicable municipal permits, approvals and final certificates of occupancy shall be obtained with respect to any such Alterations, and any of the same shall, in any event, be completed in accordance with the terms and conditions of this Declaration and pursuant to applicable law.  The Executive Board may publish to the Unit Owners, from time to time, those Alterations which are pre-approved by the Executive Board and therefore do not require consent which would otherwise be required by this Subsection (h)

 

            (i)        No clothes, sheets, blankets, laundry or any other kind of articles, shall be hung outside of any building or exposed or placed on the outside walls, doors of a building or on trees.  Seasonal wreaths on doors and building fronts are permitted.  Holiday decorations should only be placed on the front porch or the lamppost.  (Not on shrubbery).  Lighted decorations are permitted but blinking lights are prohibited.  Decorations should not be displayed until after Thanksgiving and removed by the second week in January.  Unit Owners shall not cause or permit anything other than curtains and conventional draperies to be hung, displayed or exposed at or in the outside of windows without the prior written consent of the Executive Board.  No machinery of any kind shall be placed or operated within any Unit, provided that this provision shall not apply during the construction, reconstruction or repair of any approved building within any Unit and shall not apply to the use of snow blowers, lawn mowers, or other lawn maintenance equipment, provided such equipment is used for its intended purposes.

 

            (j)        No building or structure within any Unit shall be painted or stained in a color other than that which existed at the time of the original construction of the building or structure without the prior written consent of the Declarant until such time as the Declarant no longer owns a Unit or any Development Rights within the Condominium, and, thereafter, without the prior written consent of the Executive Board owns Executive Board.  The recommended color for all awnings is a solid green comparable to the doors and shutters.  Units in the interior circle must be that color to provide a commonality, which is visible to all Unit Owners.  Units on the outer rim may have an exception to the preferred color with Executive Board approval.  The Executive Board will solicit input from adjacent Unit Owners to insure the visible awning color is acceptable.

 

            (k)       The areas shown as "Open Space" on the Survey, shall be left in their present natural state and shall not be disturbed or altered in any way including, but not limited to, the cutting of trees, brush or other vegetation or the change of grade by fill or excavation, except as permitted by regulatory agencies of the Town of Brookfield or State of Connecticut and except for the creation and maintenance of walking trails, if built. Further, the Declarant reserves the right to clear and grade in the Open Space areas as necessary to complete Improvements and to construct residences and appurtenances in the Condominium.

 

            (l)        The shrubs in front of the Units from end to end are the responsibility of the Condo Association.  They provide a common appearance and any changes require Executive Board approval.  The Unit Owner may plant at their expense any small shrubbery on both sides and the rear of the Unit.  All care and feeding of those is the responsibility of the Unit Owner.  Any mulching done by the Unit Owner must be compatible with the balance of the Condo.  Note that our landscaping contractor now mulches all beds in the community.  Flowers may be planted around the perimeter and other typical locations of the Unit.  They also may be in hanging baskets on the porch or from the lantern pole.  Small statuary except for those constructed of plastic or similar materials may be placed in flowerbeds to the rear of the Unit so they are not visible from any street.  Planting of trees of any size require Executive Board approval.

 

            (m)      The Flags of the United States and the State of Connecticut may be attached to the garage door frame.  A flag’s size should not exceed 3' x 5'.  Banners and flags not authorized by these rules, etc. are NOT permitted.

 

            (n)       Over time it has become acceptable to have appropriate minimum furniture on the porches.  Flowers are also allowed during the summer season.  Front porches and areas normally visible from the street should be free of tools, cleaning equipment, watering cans, toys, sports equipment, etc.  Hose reels and hoses should not be visible in front of the Unit after using.  Garage doors should be kept closed when practical.

 

            (o)       The use of Units and Common Elements is further subject to the Bylaws and any published Rules or Regulations of the Association.

           

                                                                   ARTICLE XI      

                                                  EASEMENTS AND LICENSES

 

            All easements or licenses to which the Condominium is presently subject are recited in Schedule A to this Declaration.  In addition, the Condominium may be subject to other easements or licenses granted by the Declarant pursuant to its powers under Article VIII of this Declaration.

 

 

                                                                   ARTICLE XII

           ALLOCATION AND REALLOCATION OF LIMITED COMMON ELEMENTS

 

            No Limited Common Elements in Carriage Homes on the Pond may be reallocated among Unit Owners.

 

ARTICLE XIII

ADDITIONS, ALTERATIONS AND IMPROVEMENTS

 

            Section 13.1 - Additions, Alterations and Improvements by Unit Owners.

 

            (a)       A Unit Owner:

 

                        (i)        May make any improvements or alterations to the interior of the residence within his or her Unit provided the same do not violate the requirements of Section 13.1(a)(ii);

 

                        (ii)       May not change the appearance of the Common Elements, or the exterior appearance of a Unit, or the exterior appearance or any surface of a residence or any other building or structure within a Unit, or the exterior appearance of any other portion of the Condominium, without the prior written consent of the Executive Board;

 

                        (iii)      A Unit Owner may paint or stain a building or structure within any Unit in the same color that existed at the time of the original construction of the building or structure without the prior written consent of the Executive Board.

 

            (b)       A Unit Owner may submit a written request to the Executive Board for approval to do anything that is otherwise prohibited or regulated under Section 13.1(a) of this Declaration.  The Executive Board shall answer any written request for such approval, after Notice and Hearing to the applicant, the owners of all Units located within one hundred (100) feet of the proposed improvement or alteration, and any other Unit Owner who, in the sole opinion of the Executive Board, may be especially impacted by the proposed improvement or alteration, within sixty (60) days after it receives the request.  Failure to answer within such time, as it shall be extended by agreement of the applicant, shall be deemed to be a denial by the Executive Board of the proposed action.

 

            (c)       In acting on any request made under Subsection 13.1(b), the Executive Board shall observe the requirements and limitations of all applicable laws, ordinances, and regulations, including, but not limited to the Federal Fair Housing Amendments Act of 1988.

 

            (d)       The Executive Board may establish time limits and impose conditions on its approval of an application under Subsection 13.1(b).  These may include, but are not limited to, the following:

 

                        (i)        That the addition, alteration, or improvement be made by contractors holding particular licenses or certifications, having particular qualifications, or having specified levels of insurance coverage.

 

                        (ii)       That, subject to the requirements of Subsection 13.2(a) of this Declaration, the Unit Owner obtain and pay for all necessary permits and other governmental approvals for the addition, alteration, or improvement.

 

                        (iii)      That the work be done in a specified manner or only during specified times.

 

                        (iv)      That the addition, alteration, or improvements be completed by a certain deadline.

 

                        (v)       That the Unit Owner maintain, repair, and replace the addition, alteration, or improvement or reimburse the Association for the costs of maintenance, repair, and replacement.

 

                        (vi)      That the approval and the conditions imposed on the approval be incorporated in a written agreement, signed on behalf of the Association and by the Unit Owner and recorded on the land records of each town in which any portion of the Common Interest Community is located.

 

            (e)       The Association may require the Unit Owner to pay an application fee, at the time the application is made, at such later time as the Executive Board determines, or both, to reimburse the Association for its costs in considering and acting on the application including, but not limited to, recording charges and the reasonable fees of attorneys and design professionals.

 

            (f)        In the absence of a recorded agreement to the contrary, any addition, alteration, or improvement installed by a Unit Owner will be maintained, repaired, and replaced by the Unit Owner at the expense of the Unit Owner.  If the Unit Owner fails to maintain, repair, or replace the addition, alteration, or improvement, the Association may, in addition to any other remedies available under the Documents or the Act, and after Notice and Hearing:

 

                        (i)        Perform the needed maintenance, repair, or replacement and assess the cost of the work against the Unit; or

 

                        (ii)       Remove the addition, alteration, or improvement, restore the affected portions of the Property to their original condition and assess the cost of the restoration against the Unit.

 

            (g)       The Executive Board may grant approval for a type or class of modifications or installations by adopting a Rule, after Notice and Comment.

 

            (h)       The Executive Board may establish forms and procedures for the making and processing of applications under this Section.

 

            (i)        Nothing in this Section shall be deemed to require the Executive Board to approve or disapprove any particular request.  Neither shall the approval or disapproval of any prior request require the Executive Board to approve or disapprove any other request at a later date.

 

            Section 13.2 – General Provisions Relating to Additions, Alterations, and Improvements by Unit Owners.

 

            (a)       Any applications to any department or to any governmental authority for a permit to make any addition, alteration, or improvement to any Unit or to the Common Elements by a Unit Owner shall be executed by the Association only.  Such execution shall not, however, create any liability on the part of the Association or any of its members to any contractor, subcontractor or material supplier on account of such addition, alteration, or improvement or to any Person having any claim for injury to person or damage to property arising therefrom.

 

            (b)       No additions, alterations, and improvements to the Units and Common Elements that will materially increase the premiums of any insurance policies carried by the Association or by the owners of any other Units shall be made by any Unit Owner unless approved in writing by the Executive Board.

 

            Section 13.3 - Additions, Alterations and Improvements by Executive Board.  Subject to the limitations of Sections 19.5 and 19.6 of this Declaration, the Executive Board may make any alterations or improvements to the Common Elements which, in its sole judgment, are deemed necessary.

 

                                                                  ARTICLE XIV

                   RELOCATION OF BOUNDARIES BETWEEN ADJOINING UNITS

 

            Section 14.1 - Relocation by Declarant.  The Declarant has reserved the right to relocate boundaries between adjoining units at any time until closing of title by amendment to the Declaration and the Survey.

 

            Section 14.2 - Relocation by Unit Owners

 

            (a)  Subject to full and complete compliance with the provisions of any applicable law, ordinance and the like, and to the rules and regulations of any agency, federal, state or local, having jurisdiction, including application for permits and approvals to such agencies and the payment by the applicable Unit Owners of any fees required by them, the boundaries between adjoining Units may be relocated by an amendment to this Declaration on application to the Association by the owners of the Units affected by the relocation.  Unless the Executive Board determines, within sixty (60) days after receipt of the application, that the relocations are unreasonable (taking into account the overall Condominium and the planning and zoning regulations of the Town of Brookfield), the Association shall consent to the relocation and prepare an amendment to this Declaration that identifies the Units involved, states the relocations and indicates the Association's consent.  The amendment shall be executed by those Unit Owners and contain words of conveyance between them, and the approval of all holders of Security Interests in the affected Units shall be endorsed thereon.  On recordation, the amendment shall be indexed in the name of the grantor and the grantee, and in the grantee index in the name of the Association.

 

            (b)  Recording Amendments.  The Association shall prepare and record a Survey necessary to show the altered boundaries between adjoining Units, and their dimensions and identifying numbers. 

 

            (c)  The applicants shall pay for the costs of preparation of the amendment to this Declaration and to the Survey, including, but not limited to, all attorneys' fees and recording costs incurred in connection therewith.

 

                                                                             

ARTICLE XV

                                             AMENDMENTS TO DECLARATION

 

            Section 15.1 - General.  Except in cases of amendments that may be executed by the Declarant in the exercise of its Development Rights or by the Association, or by the Association or certain Unit Owners under this Declaration and Section 47-236 of the Act, and except as limited by Section 15.4 and Article XVIII hereof, this Declaration, including the Survey, may be amended only by vote or agreement of Unit Owners of Units to which at least sixty-seven percent (67%) of the Votes in the Association are allocated.

 

            Section 15.2 - Limitation of Challenges.  No action to challenge the validity of an amendment adopted by the Association pursuant to this Article may be brought more than one (1) year after the amendment is recorded.

 

 

            Section 15.3 - Recordation of Amendments.  Every amendment to this Declaration shall be recorded in the Land Records of the Town of Brookfield and is effective only on recording.  An amendment, except an amendment pursuant to Article XIV of this Declaration, shall be indexed in the grantee index in the name of the Condominium and the Association and in the grantor index in the name of the parties executing the amendment.

 

            Section 15.4 - When Unanimous Consent Required.  Except to the extent expressly permitted or required by other provisions of the Act and this Declaration, no amendment may create or increase Special Declarant Rights, increase the number of Units, change the boundaries of any Unit, the Allocated Interests of any Unit, or the uses to which any Unit is restricted, in the absence of unanimous consent of the Unit Owners.

 

            Section 15.5 - Execution of Amendments.  Amendments to this Declaration required by the Act to be recorded by the Association, which have been adopted in accordance with this Declaration and the Act, shall be prepared, executed, recorded and certified on behalf of the Association by any officer of the Association designated for that purpose or, in the absence of designation, by the president of the Association.

 

            Section 15.6 - Special Declarant Rights.  Provisions in this Declaration creating Special Declarant Rights may not be amended without the consent of the Declarant.

 

            Section 15.7 - Consent of Holders of Security Interests.  Amendments are subject to the consent requirements of Article XVIII of this Declaration.

 

                                                                  ARTICLE XVI

                                                   AMENDMENTS TO BYLAWS

 

            The Bylaws may be amended only by vote of two‑thirds (2/3) of the members of the Executive Board, following Notice and Comment to all Unit Owners, at any meeting duly called for such purpose.

 

                                                                 ARTICLE XVII

                                                                TERMINATION

 

            Termination of the Condominium may be accomplished only in accordance with Section 47-237 of the Act.

 

                                                                             

ARTICLE XVIII

                                                    MORTGAGEE PROTECTION

 

            Section 18.1 - Introduction.  This Article establishes certain standards and covenants which are for the benefit of the holders, insurers and guarantors of certain Security Interests.  This Article is supplemental to, and not in substitution for, any other provisions of the Documents, but in the case of conflict, this Article shall control.

 

            Section 18.2 - Percentage of Eligible Mortgagees.  Wherever in this Declaration the approval or consent of a specified percentage of Eligible Mortgagees is required, it shall mean the approval or consent of Eligible Mortgagees holding Security Interests in Units which in the aggregate have allocated to them such specified percentage of Votes in the Association when compared to the total allocated to all Units then subject to Security Interests held by Eligible Mortgagees.

 

            Section 18.3 - Notice of Actions.  The Association shall give prompt written notice to each Eligible Mortgagee and Eligible Insurer of:

 

            (a)       any condemnation loss or any casualty loss which affects a material portion of the Condominium or any Unit in which there is a first Security Interest held, insured, or guaranteed by such Eligible Mortgagee or Eligible Insurer, as applicable;

 

            (b)       any delinquency in the payment of Common Expenses assessments owed by a Unit Owner whose Unit is subject to a first Security Interest held, insured, or guaranteed, by such Eligible Mortgagee or Eligible Insurer, which remains uncured for a period of sixty (60) days;

 

            (c)       any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association;

 

            (d)       any proposed action which would require the consent of a specified percentage of Eligible Mortgagees as specified in Section 18.4 hereof; and

 

            (e)       any judgment rendered against the Association.

 

            Section 18.4 - Consent Required.

 

            (a)       Document Changes.  Notwithstanding any lower requirement permitted by this Declaration or the Act, no amendment of any material provision of the Documents by the Association or Unit Owners described in this Subsection 18.4(a) may be effective without the vote of at least sixty-seven percent (67%) of the Unit Owners (or any greater Unit Owner vote required in this Declaration or the Act) and until approved by at least fifty-one percent (51%) of the Eligible Mortgagees (or any greater Eligible Mortgagee approval required by this Declaration).  The foregoing approval requirements do not apply to amendments effected by the exercise of any Development Right.  Material includes, but is not limited to, any provision affecting:

 

                            (i)      Voting rights;

 

                            (ii)   Assessments, assessment liens or priority of assessment liens;

 

                            (iii)  Reserves for maintenance, repair and replacement of Common Elements;

 

                            (iv)  Responsibility for maintenance and repairs;

 

                            (v)   Redefinitions of boundaries of Units, except that when boundaries of only adjoining Units are involved, or a Unit is being subdivided, then only those Unit Owners and the Eligible Mortgagees holding Security Interests in such Unit or Units need approve such action;

 

                            (vi)  Convertibility of Units into Common Elements or Common Elements into Units;

 

                            (vii)  Expansion or contraction of the Condominium, or the addition, annexation or withdrawal of property to or from the Condominium;

 

                            (viii) Imposition of any restrictions on a Unit Owner's right to sell, transfer, or lease his Unit;

 

                            (ix)   Restoration or repair of the Common Elements after hazard damage or partial condemnation in a manner other than that specified in the Documents;

 

                            (x)   Termination of the Condominium after occurrence of substantial destruction or condemnation;

 

                           (xi)  Any provision that expressly benefits mortgage holders, insurers or guarantors;

 

                          (xii)  Rights to use Common Elements and Limited Common Elements;

 

                          (xiii) Insurance or fidelity bonds;

 

                          (xiv) Leasing of Units; and

 

                          (xv) The establishment of self-management when professional management had been required previously by any Eligible Mortgagee.

 

Any increase in fines chargeable against a Unit Owner pursuant to this Declaration, the Bylaws, or the Rules for violation of the same shall not be deemed to be a material provision.

 

            (b)       Actions.  Notwithstanding any lower requirement permitted by this Declaration or the Act, the Association may not take any of the following actions without the approval of at least fifty-one percent (51%) of the Eligible Mortgagees or such higher percentage as set forth herein:

 

                        (i)        Convey or encumber the Common Elements or any portion thereof, as to which an eighty percent (80%) Eligible Mortgagee approval is required; provided, however, that the dedication to a governmental authority of the roadways which are located in the Common Elements and which are more particularly described and shown on the Survey, the granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Elements by the Condominium, and the granting of permits, easements, leases, licenses and concessions pursuant to Subsection 18.4(b)(iii) hereof, shall not be deemed transfers within the meaning of this clause;

 

                        (ii)       Any action to terminate the Condominium, for reasons other than substantial destruction or condemnation, as to which sixty-seven percent (67%) of the Votes of Eligible Mortgagees is required;

 

                        (iii)      The granting of any permits, easements, leases, licenses or concessions through or over the Common Elements (excluding, however, any utility easements serving or to serve the Condominium and excluding any leases, licenses or concessions for no more than one year);

 

                        (iv)      The restoration or repair of the Common Elements after hazard damage or a partial condemnation in a manner other than specified in the Documents;

 

                        (v)       The merger of the Condominium with any other Condominium;

 

                        (vi)      The assignment of the future income of the Association, including its right to receive Common Expense assessments;

 

                        (vii)     Any action taken not to repair or replace the Common Elements in the event of substantial destruction of any part of the Common Elements; and

 

                        (viii)    The establishment of self-management when professional management had been required previously by any Eligible Mortgagee.

 

The foregoing consents do not apply to the exercise of any Development Right.

 

            (c)       The Association may not change the period for collection of regularly budgeted Common Expense assessments to other than monthly without the consent of all Eligible Mortgagees.

 

            (d)       The failure of an Eligible Mortgagee to respond within thirty (30) days to any written request of the Association, delivered by certified or registered mail, "return receipt requested", for approval of an addition to, or other amendment of, the Documents, wherever Eligible Mortgagee approval is required, shall constitute an approval by such Eligible Mortgagee of such addition or other amendment.

 

            Section 18.5 ‑ Development Rights.  No Development Rights may be exercised or voluntarily abandoned or terminated by the Declarant unless all persons holding Security Interests in the Development Rights consent to the exercise, abandonment, or termination.

 

            Section 18.6 - Inspection of Books.  Upon written request, the Association shall permit any Eligible Mortgagee or Eligible Insurer to inspect the books and records of the Association during normal business hours.

 

            Section 18.7 - Financial Statements.

 

            (a)       The Association shall provide any Eligible Mortgagee or Eligible Insurer which submits a written request, a copy of an annual financial statement within ninety (90) days following the end of each fiscal year of the Association.

 

            (b)       Such financial statement shall be audited by an independent certified public accountant if requested by any Eligible Mortgagee or Eligible Insurer, in which case the Eligible Mortgagee or Eligible Insurer shall bear the cost of the audit.

 

            Section 18.8 - Enforcement.  The provisions of this Article are for the benefit of Eligible Mortgagees, Eligible Insurers and their successors, and may be enforced by any of them by any available means, at law, or in equity.

 

            Section 18.9 - Attendance at Meetings.  Any representative of an Eligible Mortgagee or Eligible Insurer may attend any meeting which a Unit Owner may attend.

 

                                                                  ARTICLE XIX

                      ASSESSMENT AND COLLECTION OF COMMON EXPENSES

 

            Section 19.1 - Definition of Common Expenses.  Common Expenses shall include:

 

            (a)       expenses of administration, maintenance, and repair or replacement of the Common Elements;

 

            (b)    expenses of maintenance, repair and replacement of those portions of Units and Limited Common Elements which are the responsibility of the Association, as set forth elsewhere in this Declaration;

 

            (c)       expenses declared to be Common Expenses by the Documents or by the Act;

 

            (d)       expenses agreed upon as Common Expenses by the Association; and

 

            (e)       Such reserves as may be established by the Association, whether held in trust or by the Association, for repair, replacement or addition to the Common Elements or any other real or personal property acquired or held by the Association. 

 

            Section 19.2 - Apportionment of Common Expenses.  Except as provided in Section 19.3 herein, all Common Expenses shall be assessed against all Units in accordance with their percentage interest in the Common Expenses as shown on Schedule B to this Declaration.

 

            Section 19.3 - Common Expenses Attributable to Fewer than all Units.

 

            (a)       Any Common Expense associated with the maintenance, repair or replacement of subsurface Improvements within the Limited Common Elements appurtenant to the Unit will be assessed against the Unit to which the Limited Common Element is assigned.  If any such Limited Common Element is assigned to more than one Unit, the Common Expense attributable to the Limited Common Element will be assessed equally among the Units to which it is assigned.

 

            (b)       Any Common Expense for services provided by the Association to an individual Unit at the request of the Unit Owner shall be assessed against the Unit which benefits from such services.      

 

            (c)       Assessments to pay a judgment against the Association may be made only against the Units in the Condominium at the time the judgment was rendered, in proportion to their Common Expense liabilities.

 

            (d)       If any Common Expense is caused by the negligence or misconduct of a Unit Owner, or if the Association incurs expenses because a Unit Owner fails to maintain those portions of his or her Unit or the Improvements located thereon which are the Unit Owner’s responsibility to maintain, the Association may, after Notice and Hearing, assess that expense exclusively against his or her Unit.

 

            (e)       Fees, charges, late charges, fines and interest charged against a Unit Owner pursuant to the Documents and the Act are enforceable as Common Expense assessments.

 

            (f)        Any insurance premium increase attributable to a particular Unit by virtue of activities in or construction of any Improvements within, the Unit shall be assessed against that Unit.

 

            Section 19.4 - Lien.

 

            (a)       The Association has a statutory lien on a Unit for any assessment levied against that Unit or fines imposed against its Unit Owner from the time the assessment or fine becomes delinquent.  Fees, charges, late charges, fines and interest charged pursuant to the Act and the Documents are enforceable as assessments under this Section.  If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due.

 

            (b)       A lien under this Section is prior to all other liens and encumbrances on a Unit except:

 

                        (i)        liens and encumbrances recorded before the recordation of this Declaration;

 

                        (ii)       a first or second Security Interest in the Unit recorded before the date on which the assessment sought to be enforced became delinquent; and

 

                        (iii)      liens for real property taxes and other governmental assessments or charges against the Unit.

 

 

                        The lien is also prior to all Security Interests described in Subdivision (ii) of this Subsection (b) to the extent of the Common Expense assessments based on the periodic budget adopted by the Association pursuant to Section 19.5 of this Article which would have become due in the absence of acceleration during the six (6) months immediately preceding institution of an action to enforce either the Association's lien or a Security Interest described in Subdivision (ii) of this Subsection (b).  This Subsection does not affect the priority of mechanics' or materialmen's liens, or the priority of liens for other assessments made by the Association.

 

            (c)       Recording of this Declaration constitutes record notice and perfection of the lien.  No further recordation of any claim of lien for assessment under this Section is required.

 

            (d)       A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within two (2) years after the full amount of the assessments becomes due; provided, that if an owner of a Unit subject to a lien under this Section files a petition for relief under the United States Bankruptcy Code, the period of time for instituting proceedings to enforce the Association's lien shall be tolled until thirty (30) days after the automatic stay of proceedings under Section 362 of the Bankruptcy Code is lifted.

            (e)       This Section does not prohibit actions to recover sums for which subsection (a) of this Section creates a lien or prohibit the Association from taking a deed in lieu of foreclosure. 

 

            (f)        A judgment or decree in any action brought under this Section shall include costs and reasonable attorney's fees for the prevailing party.

 

            (g)       The Association's lien may be foreclosed in like manner as a mortgage on real property.

 

            (h)       In any action by the Association to collect assessments or to foreclose a lien for unpaid assessments, the court may appoint a receiver of the Unit Owner pursuant to Section 52-204 of the Connecticut General Statutes to collect all sums alleged to be due from that Unit Owner prior to or during the pendency of the action.  The court may order the receiver to pay any sums held by the receiver to the Association during the pendency of the action to the extent of the Association's Common Expense assessments based on a periodic budget adopted by the Association pursuant to Section 19.5 of this Declaration.

 

            (i)        If a holder of a first or second Security Interest in a Unit forecloses that Security Interest, the purchaser at the foreclosure sale is not liable for any unpaid assessments against that Unit which became due before the sale, other than the assessments which are prior to that Security Interest under Subsection 19.4(b).  Any unpaid assessments not satisfied from the proceeds of sale become Common Expenses collectible from all the Unit Owners, including the purchaser.

 

            (j)        Any payments received by the Association in the discharge of a Unit Owner's obligation may be applied to the oldest balance due.

 

            Section 19.5 - Budget Adoption and Ratification.  Within thirty (30) days after adoption of any proposed budget for the Condominium, the Executive Board shall provide a summary of the budget to all the Unit Owners, and shall set a date for a meeting of the Unit Owners to consider ratification of the budget not less than fourteen (14) nor more than thirty (30) days after mailing of the summary.  Unless at that meeting a majority of all Unit Owners reject the budget, the budget is ratified, whether or not a quorum is present.  In the event the proposed budget is rejected, the periodic budget last ratified by the Unit Owners shall be continued until such time as the Unit Owners ratify a subsequent budget proposed by the Executive Board.

 

            Section 19.6 - Ratification of Non-Budgeted Common Expense Assessments.  If the Executive Board votes to levy a Common Expense assessment not included in the current budget, other than one enumerated in Section 19.3 of this Declaration, in an amount greater than twenty-five percent (25%) of the current annual operating budget, the Executive Board shall submit such non-budgeted Common Expense to the Unit Owners for ratification in the same manner as a budget under Section 19.5.

 

            Section 19.7 - Certificate of Payment of Common Expense Assessments.  The Association on written request shall furnish to a Unit Owner a statement in recordable form setting forth the amount of unpaid assessments against the Unit.  The statement shall be furnished within ten (10) business days after receipt of the request and is binding on the Association, the Executive Board and every Unit Owner.

 

            Section 19.8 - Monthly Payment of Common Expenses.  All Common Expenses assessed under Sections 19.2 and 19.3 shall be due and payable monthly.

 

            Section 19.9 - Acceleration of Common Expense Assessments.  In the event of default for a period of ten (10) days by any Unit Owner in the payment of any Common Expense assessment levied against his or her Unit, the Executive Board shall have the right, after Notice and Hearing, to declare all unpaid assessments for the pertinent fiscal year to be immediately due and payable.

 

            Section 19.10 - Commencement of Common Expense Assessments.  Common Expense assessments shall begin on the day of the first sale of a Unit to a purchaser.

 

            Section 19.11 - No Waiver of Liability for Common Expenses.  No Unit Owner may exempt himself from liability for payment of the Common Expenses by waiver of the use or enjoyment of the Common Elements or by abandonment of the Unit against which the assessments are made.

 

 

            Section 19.12 - Personal Liability of Unit Owners.  The Owner of a Unit at the time a Common Expense assessment or portion thereof is due and payable is personally liable for the assessment.  Personal liability for the assessment shall not pass to a successor in title to the Unit unless he agrees to assume the obligation.

 

                                                                  ARTICLE XX     

                                           RIGHT TO ASSIGN FUTURE INCOME

 

            The Association may assign its future income, including its right to receive Common Expense assessments, only by the affirmative vote of the Unit Owners of Units to which at least fifty-one (51%) percent of the votes in the Association are allocated, at a meeting called for that purpose.

 

                                                                  ARTICLE XXI

                              PERSONS AND UNITS SUBJECT TO DOCUMENTS

 

            Section 21.1 - Compliance with Documents.  All Unit Owners, tenants, mortgagees and occupants of Units shall comply with the Documents.  The acceptance of a deed or the exercise of any incident of ownership or the entering into a lease or the entering into occupancy of a Unit constitutes agreement that the provisions of the Documents are accepted and ratified by such Unit Owner, tenant, mortgagee or occupant, and all such provisions recorded on the Land Records of the Town of Brookfield are covenants running with the land and shall bind any Persons having at any time any interest or estate in such Unit.

 

            Section 21.2 - Adoption of Rules.  The Executive Board may adopt Rules regarding the use and occupancy of Units, Common Elements, Limited Common Elements and the activities of occupants, subject to Notice and Comment.

 

                                                                 ARTICLE XXII

                                                                  INSURANCE

 

            Section 22.1 - Coverage.  To the extent reasonably available, the Executive Board shall obtain and maintain insurance coverage as set forth in Sections 22.2, 22.3 and 22.4 of this Article.  If such insurance is not reasonably available, and the Executive Board determines that any insurance described herein will not be maintained, the Executive Board shall cause notice of that fact to be hand-delivered or sent prepaid by United States mail to all Unit Owners and Eligible Mortgagees at their respective last known addresses.

 

            Section 22.2  Property Insurance covering:      

 

            (a)       The project facilities (which term means all real property, buildings, fixtures, equipment and any improvements and betterments which, in all cases, are part of a Common Element); and

 

            (b)       All personal property owned by the Association.

 

            Such Property Insurance shall insure the project facilities for an amount equal to one hundred percent (100%) of their replacement cost at the time the insurance is purchased and at each renewal date.  Personal property owned by the Association shall be insured for an amount equal to its actual cash value.

 

            The Executive Board is authorized to obtain appraisals periodically for the purpose of establishing such replacement cost of the project facilities and the actual cash value of the personal property and the cost of such appraisals shall be allocated as a Common Expense.

           

            NOTWITHSTANDING ANYTHING CONTAINED HEREIN, THE ASSOCIATION SHALL NOT BE RESPONSIBLE TO MAINTAIN PROPERTY (FIRE AND OTHER HAZARD) INSURANCE ON THE RESIDENCES OR OTHER IMPROVEMENTS WITHIN THE UNITS.  EACH UNIT OWNER SHALL OBTAIN HIS OR HER OWN PROPERTY (FIRE AND OTHER HAZARD) INSURANCE POLICY (HO-3) ON HIS OR HER OWN RESIDENCE AND OTHER IMPROVEMENTS WITHIN HIS OR HER OWN UNIT, AND SHALL PROVIDE EVIDENCE OF SUCH INSURANCE TO THE ASSOCIATION ON AN ANNUAL BASIS. FURTHER, ALL UNIT OWNERS SHALL INCLUDE THE ASSOCIATION AS AN ADDITIONAL INSURED UNDER THEIR POLICIES.

 

            Section 22.3 Liability Insurance.

 

                                                 Liability insurance, including medical payments insurance, in an amount determined by the Executive Board but in no event less than $1,000,000.00 covering all occurrences commonly insured against for death, bodily injury and property damage arising out of or in connection with the use, ownership or maintenance of the Common Elements. An excess liability policy using a limit of at least $2,000,000.00 will also be maintained.

 

            Section 22.4  Insurance required in connection with the Connecticut Light and      Power Company License.

 

                                    The water level of the pond in the Condominium exists by virtue of a License to maintain a concrete pond weir water control structure on property of the Connecticut Light and Power Company.  By the terms of the License, the Association is obligated to maintain the following insurance coverage:

 

                        (a)       Liability insurance, including broad form property damage liability, with limits of at least $1,000,000.00 per occurrence/per aggregate for bodily injury and $1,000,000.00 per occurrence/per aggregate for property damage

           

(b)                   Workers’ Compensation insurance at statutory limits with Employer’s Liability with limits of at least $500,000.00.

 

                                    Both of said policies are to be endorsed to name the Connecticut Light and Power Company, its directors, officers, employees and affiliates as additional insureds with respect to any and all third party bodily injury and/or property damage and shall require that thirty days’ written notice be given to the Connecticut Light and Power Company prior to any cancellation or material change in the policies.

                       

            Section 22.5 Risks Insured Against.  The insurance shall afford protection against "all risks" of direct physical loss commonly insured against.

 

            Section 22.6 Other Provisions.  Insurance policies required by this Section shall provide that:

 

            (a)   The insurer waives its right to subrogation under the policy against any Unit Owner or member of his or her household;

 

            (b)  No act or omission by any Unit Owner, unless acting within the scope of his authority on behalf of the Association, will void the policy or be a condition to recovery under the policy;

 

            (c)  If, at the time of a loss under the policy, there is other insurance in the name of a Unit Owner covering the same risk covered by the policy, the Association's policy provides primary insurance;

 

            (d)  Losses shall be adjusted with the Association;

 

            (e)  Insurance proceeds shall be paid to any insurance trustee designated in the policy for that purpose, and, in the absence of such designation, to the Association, in either case to be held in trust for the Association, each Unit Owner and such Unit Owner's mortgagee, as their interest may appear;

 

            (f)  The insurer may not cancel or refuse to renew the policy until sixty (60) days after notice of the proposed cancellation or non-renewal has been mailed to the Association, each Unit Owner, and each holder of a Security Interest to whom a certificate or memorandum of insurance has been issued, at their respective last known addresses;

 

            (g)  The name of the insured shall be substantially as follows:

                                                                             

"Carriage Homes on the Pond Association, Inc."

 

            Section 22.7 ‑ Fidelity Bonds. A blanket fidelity bond for anyone who either handles or is responsible for funds held or administered by the Association, whether or not they receive compensation for their services.  The bond shall name the Association as obligee and shall cover the maximum funds that will be in the custody of the Association or the manager at any time while the bond is in force, and in no event less than the sum of three months' assessments plus reserve funds.  The bond shall include a provision that calls for thirty (30) days' written notice to the Association, to each holder of a Security Interest in a Unit and to each servicer that services a FNMA‑owned or FHLMC‑owned mortgage on a Unit before the bond can be cancelled or substantially modified for any reason; except that if cancellation is for non‑payment of premiums, only ten (10) days' notice shall be required.

 

            Section 22.8 - Unit Owner Policies.  An insurance policy issued to the Association does not prevent the Unit Owner from obtaining insurance for his own benefit.

 

            Section 22.9 - Workers' Compensation Insurance.  The Executive Board shall obtain and maintain workers' compensation insurance to meet the requirements of the laws of the State of Connecticut.

 

            Section 22.10 - Directors' and Officers' Liability Insurance.  The Executive Board shall obtain and maintain directors' and officers' liability insurance, if available, covering all of the Directors and officers of the Association in such limits as the Executive Board may, from time to time, determine.

 

            Section 22.11- Other Insurance.  The Association may carry other insurance which the Executive Board considers appropriate to protect the Association or the Unit Owners.

 

            Section 22.12 - Premiums.  Insurance premiums shall be a Common Expense.

 

 

            YOU ARE URGED TO STUDY THESE PROVISIONS RELATING TO INSURANCE AND TO CONSULT WITH YOUR OWN INSURANCE ADVISER TO ASSURE YOURSELF THAT YOU ARE AWARE OF THE EXTENT OF COVERAGE PROVIDED BY THE INSURANCE MAINTAINED BY THE ASSOCIATION AND TO MAKE ARRANGEMENTS FOR APPROPRIATE ADDITIONAL COVERAGE.

 

                                                                 ARTICLE XXIII

                                 DAMAGE TO OR DESTRUCTION OF PROPERTY

 

            Section 23.1 - Duty to Restore.  Any portion of the Condominium for which insurance is required under Section 47-255 of the Act or for which insurance carried by the Association is in effect shall be repaired or replaced promptly by the Association unless:

 

            (a)       The Condominium is terminated;

 

            (b)       repair or replacement would be illegal under any state or local statute or ordinance governing health or safety;

 

            (c)       eighty percent (80%) of the Unit Owners, including every owner of a Unit or assigned Limited Common Element that will not be rebuilt, vote not to rebuild.

 

            Section 23.2 - Cost.  The cost of repair or replacement of the Common Elements in excess of insurance proceeds shall be a Common Expense.

 

            Section 23.3 - Plans.  The Common Elements must be repaired and restored in accordance with either the original plans and specifications or other plans and specifications which have been approved by the Executive Board, a majority of Unit Owners and fifty-one percent (51%) of Eligible Mortgagees.

 

            Section 23.4 - Replacement of Less Than Entire Property.

 

            (a)       The insurance proceeds attributable to the damaged Common Elements shall be used to restore the damaged area to a condition compatible with the remainder of the Condominium; and

 

            (b)       Except to the extent that other persons will be distributees:

 

                        (i)  the insurance proceeds attributable to Units and Limited Common Elements that are not rebuilt shall be distributed to the owners of those Units and the owners of the Units to which those Limited Common Elements were allocated, or to lien holders, as their interests may appear; and

 

                        (ii)  the remainder of the proceeds shall be distributed to all the Unit Owners or lien holders, as their interests may appear, in proportion to the Common Expense liabilities of all the Units.

 

            (c)       If the Unit Owners vote not to rebuild any Unit, that Unit's Allocated Interests are automatically reallocated on the vote as if the Unit had been condemned under Subsection (a) of Section 47-206 of the Act, and the Association shall promptly prepare, execute and record an amendment to the Declaration reflecting the reallocations.  The destruction of improvements, if any, in a Unit shall not affect a Unit Owner's membership in the Association.

 

            Section 23.5 - Insurance Proceeds.  The insurance trustee, or if there is no insurance trustee, then the Association, shall hold any insurance proceeds in trust for the Association, Unit Owners and lien holders as their interest may appear.  Subject to the provisions of Subsection 23.1(a) through Subsection 23.1(c), the proceeds shall be disbursed first for the repair or restoration of the damaged Common Elements.  The Association, Unit Owners and lien holders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the Common Elements have been completely repaired or restored, or the Condominium is terminated.

 

            Section 23.6 - Certificates by the Executive Board.  A trustee, if any, may rely on the following certifications in writing made by the Executive Board:

 

            (a)       whether or not damaged or destroyed Common Elements are to be repaired or restored; and

 

            (b)       the amount or amounts to be paid for repairs or restoration and the names and addresses of the parties to whom such amounts are to be paid.

 

            Section 23.7 - Certificates by Attorneys.  If payments are to be made to Unit Owners or mortgagees, the Executive Board, and the trustee, if any, shall obtain and may rely on an attorney's certificate of title or a title insurance policy based on a search of the Land Records of the Town of Brookfield from the date of the recording of the original Declaration stating the names of the Unit Owners and the mortgagees.

 

            Section 23.8 ‑ Duty to Restore Units.  Any portion of a Unit which is damaged by a casualty shall be promptly repaired and restored by the Unit Owner in accordance with either the original plans and specifications or other plans and specifications which have been approved by the Executive Board.  The provisions of Section 13.1 of this Declaration shall also apply to such repair and restoration.

 

                                                                ARTICLE XXIV

                    RIGHTS TO NOTICE AND COMMENT; NOTICE AND HEARING

 

            Section 24.1 - Right to Notice and Comment.  Whenever the Documents require that an action be taken after "Notice and Comment", and at any other time the Executive Board determines, the Unit Owners have the right to receive notice of the proposed action and the right to comment orally or in writing.  Notice of the proposed action shall be given to each Unit Owner in writing and shall be delivered personally or by mail to all Unit Owners at such address as appears in the records of the Association, or published in a newsletter or similar publication which is routinely circulated to all Unit Owners.  The notice shall be given not less than five (5) days before the proposed action is to be taken.  The right to Notice and Comment does not entitle a Unit Owner to be heard at a formally constituted meeting.

 

            Section 24.2 - Right to Notice and Hearing.  Whenever the documents require that an action be taken after "Notice and Hearing", the following procedure shall be observed:  The party proposing to take the action (e.g., the Executive Board, a committee, an officer, the manager, etc.) shall give written notice of the proposed action, not less than five (5) days before the proposed action is to be taken, to all Unit Owners or occupants of Units whose interests would be significantly affected by the proposed action and shall list the date, time and place of the hearing. At the hearing, the affected person shall have the right, personally or by a representative, to give testimony orally, in writing, or both (as specified in the notice), subject to reasonable rules of procedure established by the party conducting the meeting to assure a prompt and orderly resolution of the issues.  Such evidence shall be considered in making the decision but shall not bind the decision makers.  The affected person shall be notified of the decision in the same manner in which notice of the meeting was given.

 

            Section 24.3 - Appeals.  Any person having a right to Notice and Hearing shall have the right to appeal to the Executive Board from a decision of persons other than the Executive Board by filing a written notice of appeal with the Executive Board within ten (10) days after being notified of the decision.  The Executive Board shall conduct a hearing within thirty (30) days, giving the same notice and observing the same procedures as were required for the original meeting.

 

                                                                 ARTICLE XXV

                                                           EXECUTIVE BOARD

 

            Section 25.1 - Minutes of Executive Board Meetings.  The Executive Board shall permit any Unit Owner to inspect the minutes of Executive Board meetings during normal business hours.  The minutes shall be available for inspection within fifteen (15) days after any such meeting.

            Section 25.2 - Powers and Duties.  The Executive Board may act in all instances on behalf of the Association, except as provided in this Declaration, the Bylaws or the Act.  The Executive Board shall have, subject to the limitations contained in this Declaration and the Act, the powers and duties necessary for the administration of the affairs of the Association and of the Condominium which shall include, but not be limited to, the following:

 

            (a)       Adopt and amend Bylaws, Rules and regulations;

 

            (b)       Adopt and amend budgets for revenues, expenditures and reserves;

 

            (c)       Collect assessments for Common Expenses from Unit Owners;

 

            (d)       Hire and discharge managing agents;

 

            (e)       Hire and discharge employees and agents, other than managing agents, and independent contractors;

 

            (f)        Institute, defend or intervene in litigation or administrative proceedings in the Association's name on behalf of the Association or two (2) or more Unit Owners on matters affecting the Condominium;

 

            (g)       Make contracts and incur liabilities;

 

            (h)       Regulate the use, maintenance, repair, replacement and modification of the Common Elements;

 

            (i)        Cause additional improvements to be made as a part of the Common Elements;

 

(j)        Acquire, hold, encumber and convey in its own name any right, title or interest to real property or personal property, but Common Elements may be conveyed or subjected to a security interest only pursuant to the Act;

 

            (k)       Grant easements for any period of time including permanent easements, and leases, licenses and concessions for no more than one year, through or over the Common Elements;

 

            (l)        Impose and receive payments, fees or charges for the use, rental or operation of the Common Elements, and for services provided to Unit Owners;

 

            (m)      Impose charges or interest or both for late payment of assessments and, after Notice and Hearing, levy reasonable fines and/or take legal or equitable action (including injunctive relief) for violation of this Declaration, the Bylaws, Rules and regulations of the Association;

 

            (n)       Impose reasonable charges as permitted by the Act for the preparation and recordation of amendments to this Declaration, resale certificates required by Section 47-270 of the Act or statements of unpaid assessments;

 

            (o)       Provide for the indemnification of the Association's officers and Executive Board and maintain Directors' and officers' liability insurance;

 

            (p)       Assign the Association's right to future income, including the right to receive Common Expense assessments;

 

            (q)       Exercise any other powers conferred by this Declaration or the Bylaws;

 

            (r)        Exercise all other powers that may be exercised in Connecticut by legal entities of the same type as the Association;

 

            (s)       Exercise any other powers necessary and proper for the governance and operation of the Association;

 

(t)        Adopt rules and regulations that affect the use or occupancy of units that may be used for residential purposes only to: 

 

(i) prevent any use of a Unit which violates the Declaration;

 

(ii) regulate any occupancy of a Unit which violates the Declaration or adversely affects the use and enjoyment of other Units or the Common Elements by other Unit Owners; or

 

(iii) restrict the leasing of Units to the extent that those rules are reasonably designed to meet first mortgage underwriting requirements of institutional lenders who regularly purchase or insure first mortgages on units in Common Interest Communities, provided no such restriction shall be enforceable unless notice thereof is recorded on the Land Records of the Town of Brookfield.

 

(u)      If a tenant of a Unit Owner violates the Declaration, By-Laws or Rules and Regulations of the Association, in addition to exercising any of its powers against the Unit Owner, the Association may:

 

(i)        exercise directly against the tenant the powers described in subsection (m) of this Section;

 

(ii)       after giving notice to the tenant and the Unit Owner and an opportunity to be heard, levy reasonable fines against the tenant or Unit Owner, or both, for the violation; and

 

(iii)      enforce any other rights against the tenant for the violation which the Unit Owner as Landlord could lawfully have exercised under the Lease, including any such right to bring a summary process action under Chapter 832 of the Connecticut General Statutes, provided however, that the tenant or Unit Owner fails to cure the violation within ten (10) days after the Association notifies the tenant and Unit Owner of that violation.

 

            (v)       By resolution, establish committees of Directors, permanent and standing, to perform any of the above functions under specifically delegated administrative standards, as designated in the resolution establishing the committee.  All committees must maintain and publish notice of their actions to Unit Owners and the Executive Board.  However, actions taken by a committee may be appealed to the Executive Board by any Unit Owner within forty-five (45) days of publication of such notice, and such committee action must be ratified, modified or rejected by the Executive Board at its next regular meeting.

 

            Section 25.3 - Executive Board Limitations.  The Executive Board may not act on behalf of the Association to amend this Declaration, to terminate the Condominium or to elect members of the Executive Board or determine the qualifications, powers and duties or terms of office of Executive Board members, but the Executive Board may fill vacancies in its membership for the unexpired portion of any term.

 

                                                                ARTICLE XXVI

                                    CONDEMNATION AND SUBSTANTIAL LOSS

 

            If part or all of the Condominium is taken by any power having the authority of eminent domain, all compensation and damages for and on account of the taking shall be payable in accordance with Section 47-206 of the Act.

 

                                                                ARTICLE XXVII

                                                             MISCELLANEOUS

 

            Section 27.1 - Captions.  The captions contained in the Documents are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of the Documents nor the intent of any provision thereof.

 

            Section 27.2 - Gender.  The use of the masculine gender refers to the feminine and neuter gender and the use of the singular includes the plural, and vice versa, whenever the context of the Documents so requires.

 

            Section 27.3 - Waiver.  No provision contained in the Documents is abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur.

 

            Section 27.4 - Invalidity.  The invalidity of any provision of the Documents does not impair or affect in any manner the validity, enforceability or effect of the remainder, and in such event, all of the other provisions of the Documents shall continue in full force and effect.

 

            Section 27.5 - Conflict.  The Documents are intended to comply with the requirements of the Act and Chapter 600 of the Connecticut General Statutes.  In the event of any conflict between the Documents and the provisions of the statutes, the provisions of the statutes shall control.  In the event of any conflict between this Declaration and any other Documents, this Declaration shall control.

 

            Section 27.6 - Governing Law.  This Declaration and the other Documents shall be construed and interpreted in accordance with the laws of the State of Connecticut, as amended from time to time.

 

 

            IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed this        day of                        , 2003.

 

                                                            CARRIAGE HOMES ON THE                                                                                           POND, LLC

 

                                                                        By:  Charter Group, Inc.

                                                                                Its Member

                      

_________________________              By:________________________

                                                                             Dennis K. Stone

                                                                 Its President,  Duly Authorized

_________________________                         

 

 

 

STATE OF CONNECTICUT)

                                               )  ss.  

COUNTY OF FAIRFIELD   )

 

 

                        Personally appeared, before me, this                 day of                 , 2003,   Dennis K. Stone, President of Charter Group, Inc, member of Carriage Homes on the Pond, LLC, and acknowledged the execution of the foregoing instrument as his free act and deed and the free act and deed of such corporation and limited liability company.

                                                                                                                                                                                                                       

                                                                                                ________________________________

 

                                                            Commissioner of the Superior Court

                                                            Notary Public

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE A

 

DECLARATION OF CARRIAGE HOMES ON THE POND

 

PROPERTY DESCRIPTION

 

ALL THAT certain piece or parcel of land situate in the Town of Brookfield, County of Fairfield and State of Connecticut, shown and designated as on a certain map entitled “COMPILATION PLAN CARRIAGE HOMES ON THE POND A COMMON INTEREST COMMUNITY  CARRIAGE HOUSE LANE & BLACK SWAN COURT BROOKFIELD, CONNECTICUT PREPARED FOR CARRIAGE HOMES ON THE POND, LLC TOTAL AREA= 1,105,408 + S.F. (25.377 + Ac.) Date: March 12, 2003  Scale: 1' = 60'", prepared by CCA, LLC, and certified to the standards of a Class A-2 Survey by Richard A. Bunnell,

R. L.S. # 15562, which map is to be filed in the Office of the Town Clerk of said Town of Brookfield simultaneously herewith.

 

Said premises are subject to:

 

1.         Any and all provisions of any ordinance, municipal regulation or public or private law, including but not limited to zoning, building and planning laws, rules and regulations as established in and for the Town of Brookfield.

 

2.         Current taxes due the Town of Brookfield, including any reassessment or reallocation from the creation of the condominium and/or the completion of the unit and the residence within the unit, and the issuance of a certificate of occupancy, which become due and payable after the date of delivery of the unit deed.

 

            3.         Any assessment or pending assessment for which a lien or liens have not as yet been filed in the office of the Brookfield Town Clerk.

 

            4.         Such state of facts as an accurate survey and/or physical inspection of the premises might disclose.

 

5.          Notes, building lines, easements and conditions, all as shown on Map Book 15, Page 47, on Map 867 and on the Survey referred to above.

 

6.          Terms, burdens, conditions, easements, covenants and restrictions, all as contained in the Declaration of Carriage Homes on the Pond as recorded in the Brookfield Land Records, and all schedules, exhibits and amendments thereto, as the same may be amended or supplemented.  Each Unit Owner, by acceptance of a deed to a Unit in Carriage Homes on the Pond, assumes and agrees to be bound by and to comply with all of the terms, conditions, agreements, obligations and easements as set forth in such Declaration, as it may be amended or supplemented, shall become members of Carriage Homes on the Pond Association, Inc. and, as such members, accept all of the rights, and are subject to all of the obligations, connected therewith.

 

                              7.      The Declarant’s right to revise the boundary lines of a Unit at any time until closing of title by amendment to the Survey and the Declaration.

 

       8.      The rights of Owners of Units with remote septic systems, including septic fields and piping as shown on the Survey, to access such septic systems for the purpose of maintenance, repair and replacement, to such an extent as is necessary to perform such maintenance, repair and replacement.  Any damage to other Unit’s septic systems caused by a Unit owner accessing his own septic system shall be repaired by the offending unit owner. 

 

           9.   The rights of all Unit Owners to pass and repass over such portions of the Units that cross the roadways or the emergency accessway in the Condominium as shown on the Survey. 

 

10.      The effect, if any, of a Private Property Permit in favor of the Danbury and Bethel Gas and Electric Company dated May 13, 1940 and recorded in Volume 32 at Page 319 of the Brookfield Land Records. 

 

11.   A thirty-foot (30’) right of way to Rocky River Realty as more fully described in a Right of Way Deed dated March 3, 1954 and recorded in Volume 42 at Page 181 of the Brookfield Land Records. 

 

12,   An Easement to the Connecticut light and Power Company dated October 10, 1979 and recorded in Volume 131 at Page 1165 of the Brookfield Land Records.

 

13.  An Easement to the Connecticut light and Power Company dated June 4, 1980 and recorded in Volume 134 at Page 1003 of the Brookfield Land Records. 

 

14.  A Drainage Easement to the Town of Brookfield dated May 31, 1979 and recorded in Volume 135 at Page 310 of the Brookfield Land Records. The Declarant contemplates that this easement will be abandoned by agreement with the Town of Brookfield and superceded by a new easement to be recorded on the Brookfield Land Records.  The Declarant reserves the right to grant such easement to the Town of Brookfield.

 

15.  An Easement to the Connecticut Light and Power Company dated December 18, 1981 and recorded in Volume 143 at Page 1169 of the Brookfield Land Records.

 

16.  A Variance dated January 14, 2002 and recorded in Volume 405 at Page 974 of the Brookfield Land Records. 

 

17.  A Variance dated January 14, 2002 and recorded in Volume 405 at Page 975 of the Brookfield Land Records.

 

 

18.  A Variance dated April 10, 2002 and recorded in Volume 411 at Page 659 of the Brookfield Land Records.

 

19.   Certain rights and conditions set forth in a Special Permit – Design Review Approval dated June 27, 2002 and recorded in Volume 418 at Page 1075 of the Brookfield Land Records.

 

20.   Certain rights and conditions set forth in a Special Permit – Design Review Approval dated June 27, 2002, revised July 11, 2002 and recorded in Volume 424 at Page 734 of the Brookfield Land Records.

 

21.  Certain rights and conditions set forth in a Corrected Special Permit – Design Review Approval dated August 7, 2002 and recorded in Volume 429 at Page 647of the Brookfield Land Records.

 

22.  Certain rights and conditions set forth in a Stipulation dated July 17, 2002 and recorded in Volume 417 at Page 133 of the Brookfield Land Records.

 

23.   Riparian rights, if any, of adjoining owners in and to any brook, stream, dams, ditches, drains, ponds and lakes lying upon, flowing into or through the Condominium and to rights, if any, of others in springs, wells, ponds, brooks or streams on the Condominium.

 

24.  The Declarant's right to construct underground utility lines, pipes, wires, ducts, conduits and other facilities anywhere in the Condominium for the purpose of furnishing utility and other services to buildings and Improvements to be constructed on the Units. The Declarant also reserves the right to construct utility lines, pipes, wires, ducts, conduits and other facilities across the land not designated as "Development Rights Reserved in this Area" on the Survey for the purpose of furnishing utility and other services to buildings and improvements to be constructed on the land designated as "Development Rights Reserved in this Area" on the Survey.

 

25.  The Declarant's right to grant easements to public utility companies, state and/or local municipalities, agencies, commissions or boards, and to convey Improvements within those easements anywhere in the Condominium.

 

26.  The right to use for their respective and intended purposes all roads and the like shown on the Survey filed with the Declaration, as amended, in common with all others who own real property in Carriage Homes on the Pond.  The Declarant reserves the right to grant easements over the walking trails, if built, to others who do not own real property within the Condominium.

 

 

27.  The Declarant's right to convey that portion of the Condominium shown as "AREA TO BE CONVEYED TO TOWN OF BROOKFIELD 4,451 + S.F." on the Survey to the Town of Brookfield, and to add to the Condominium the area shown as "AREA TO BE CONVEYED TO CARRIAGE HOMES ON THE POND, LLC 6,683 + S.F." on the Survey.

 

28.   The Declarant's right to grant a slope easement over the area shown on the Survey as "SLOPE RIGHTS TO BE RESERVED IN FAVOR OF HW1945, LLC".

 

 

 

 

 

 

 

 

 

DECLARATION OF CARRIAGE HOMES ON THE POND

 

SCHEDULE B

 

                                             TABLE OF INTERESTS

 

 

Unit No.                                 Share of                     Share of              Vote in the

(Street                                    Common                   Common            Affairs of the

Address)                                Elements                   Expenses           Association

 

6 Carriage House Lane        100%                      100%                                    1

 

 

                                                                             

                           DECLARATION OF CARRIAGE HOMES ON THE POND

 

SCHEDULE C

 

                                                                      SURVEY

 

           

 

 

 

 

 

 

 

 

 

 

 

 

 

Carriage Homes on the Pond ~ Brookfield, Connecticut 06804-3920