Docstoc

_PN

Document Sample
_PN Powered By Docstoc
					Version 3.0                                                                                                                 June 1, 2003

Table of Contents
Table of Contents ...................................................................................................................................... 1
Introduction ............................................................................................................................................... 1
  Appendix C: By-Laws ............................................................................................................................ 1
  Extension to the By-Laws ..................................................................................................................... 10
  First Amendment and Additions to the Rules and Regulations of the Deer Cove Condominium ....... 13



Introduction
      These By-Laws are contained in the complete documentation, Declaration of Deer Cove
Condominium (as Appendix C). However I am creating this document to make it easier for
those who are only interested in the By-Laws (the most interesting part!)
      For example, this document will be helpful for Unit owners who are renting (all renters
must read and sign the By-Laws!) or to Unit owners that are interested in reading the rules.

Appendix C: By-Laws
           Changes to the original By-Laws are in bold and blue.

           Deer Cove Condominium

                                                                              Article I

                                                                Purpose and Definitions

                Section 1. Purpose. The administration of Deer Cove Condominium Association
                   (a/k/a the association of owners) shall be governed by these By-Laws which
                   are annexed to the Declaration of the Condominium and are made a part thereof,
                   and all present and future holders of any interest in any Unit of the Condominium
                   shall hold said interest subject to these By-Laws, as well as to the Declaration
                   and any Condominium Rules subsequently promulgated thereunder and
                   hereunder.
                Section 2. Definitions. Certain of the terms used in these By-Laws have been defined
                   in the Declaration and, when used herein, shall have the same meaning as set
                   forth in the Declaration, unless the context clearly indicates a different meaning
                   therefore.

                                                                             Article II

                                                                     Board of Directors

                Section 1. A. Number. The affairs of the Condominium shall be administered by a
                   Board of three, six or nine Directors as shall be determined from time to time by
                   vote of the Unit Owners having not less than fifty-one percent (51%) in aggregate
                   interests in the Condominium. Until the Declarant owns less than six (6) Units,
                   there shall be not more than three Directors and the Declarant shall be entitled to
Version 3.0                                                                        June 1, 2003
           designate two such Directors; provided however, that this restriction on the
           number of Directors and the right of the Declarant to designate a majority of the
           Board of Directors shall expire June 1, 1987 and the Declarant shall have the
           right at any time to waive the above described restriction and right. The two
           directors designated by the declarant shall not be required to be owners.
         Section 1. B. First Board, Officers and Term. The first Board of Directors, the
           officers of the Association and their term of office are as follows:

              Carl B. Martin III, Assistant Secretary and Director through June 1987.
              David S. Sands, Secretary, Treasurer and Director through June 1986.
              Dennis Sands, President and Director through June 1985.

         Section 2. Terms of Office. Conformably with Section 479-A:18 of the New
            Hampshire Unit Ownership of Real Property Act, the Directors shall be elected
            for staggered terms as follows:
                    A. If there is a Board of three Directors, one Director for a term of three
            years, one Director for a term of two years, and one Director for a term of one
            year.
                    B. If there is a Board of six Directors, two Directors for a term of three
            years, two Directors for a term of two years, and two Directors for a term of one
            year.
                    C. If there is a Board of nine Directors, three Directors for a term of three
            years, three Directors for a term of two years, and three Directors for a term of
            one year.
                    The terms of office shall be calculated from the date of the first annual
            meeting of the Association of Owners after the Declarant’s right to designate a
            majority of the Board has expired or been waived.
         Section 3. Resignation and Removal: Vacancies. Any member of the Board may
            resign at any time by written notice by him or his legal representative to the
            President, and any member may be removed (subject to the right of the
            Declarant to designate a majority of the Board granted in Section 1 above) from
            such position by two-thirds vote of the Owner’s total voting power at any annual
            or special meeting provided that notice of such removal vote shall have been
            mailed or emailed as provided in Article VI, Section 8 to all Owners at least
            twenty (20) days prior to such meeting. Members of the Board shall serve until
            their respective successors have been elected, or until death, resignation or
            removal; provided that if any member (or any member’s corporation) ceases to
            be an Owner, his membership on the Board shall thereupon terminate.
            Whenever a vacancy on the Board occurs due to death, resignation removal or a
            member’s (or a member’s corporation’s) no longer being an Owner, or due to any
            other cause, the remaining members of the Board shall fill the vacancy until the
            next annual meeting of the Association at which time any remaining unexpired
            term shall be filled by the Owners. If all positions on the Board are vacant at the
            same time, the Owners shall fill said vacancies. For the purpose of this
            section, however, the two directors designated by the Declarant shall not
            be required to be Owners.
         Section 4. Qualifications. Members of the Board shall be persons who are Owners.
            An officer of any Owner that is not a natural person may qualify to be a director.


Deer Cove Declaration                                                                     2
Version 3.0                                                                          June 1, 2003
            However, the two directors designated by the Declarant shall not be
            required to be owners.
         Section 5. Meetings. Regular meetings of the Board may be held at such times and
            places as shall be determined from time to time by the Board. Special meetings
            of the Board may be called by the President or any two (2) members of the
            Board. Notice of special and regular meetings shall be given in hand, mailed to or
            delivered via email as provided in Article VI, Section 8 to each member of the
            Board at least seven (7) days prior to said meeting. The said notice shall set forth
            the time and place of the meeting and, in the case of a special meeting, the
            purpose for which it is being called. Such notice may be omitted provided that all
            members of the Board waive same in writing or are present at the meeting and
            no notice shall be necessary in the case of a meeting of the Board held
            immediately after and at the same place as the annual meting of the Owners.
         Section 6. Quorum. A majority of the Board shall constitute a quorum for the
            transaction of business, but less than a quorum may transact business if the
            remaining members of the Board subsequently assent in writing to the decisions
            of the Board by signing a copy of the minutes of the meeting, to be filed with the
            records of the Board. When a quorum is present at any meeting, the votes of the
            majority of the members in attendance shall decide any business brought before
            such meeting. The Board shall also transact without a meeting any business
            which it is authorized to transact at a meeting, provided that the members of the
            Board unanimously assent in writing to the decisions of the Board concerning
            such business by signing the official record of said decisions to be filed with the
            records of the Board.
            The Board shall also transact without a meeting any business which it is
            authorized to transact at a meeting, provided that all members of the Board are
            notified via email and acknowledge, via email, receipt of the notification. The
            Board may vote on issues before the Board via email. In this case the President
            is required to keep copies (printed or electronic copies) of all emails that contain
            Board member votes for a period of 18 months.
         Section 7. Powers and Duties. The Board shall have the powers and duties
            specifically conferred upon it by the Act, the Declaration and these By-Laws and
            all other powers and duties necessary for the administration of the affairs of the
            Condominium, except as otherwise provided by law, the Declaration or these By-
            Laws, including, without limiting the generality of the foregoing, the power and
            duty to obtain the following items for the benefit of the Condominium, if they so
            determine, all of which items shall be paid for out of Common Expenses:

                  (a) A policy or policies of fire insurance, with extended coverage
              endorsements, as required by Paragraph 6 of the Declaration;
                  (b) A public liability insurance policy or policies as required by Paragraph 6 of
              the Declaration;
                  (c) Such other insurance, including workman’s compensation insurance, as
              required by law or as the Board may determine;
                  (d) The services of a Manager, to the extent deemed advisable by the Board,
              to whom the Board, in its discretion, may delegate certain of its powers and
              duties, as well as the services of any other personnel as the Board may
              determine to be necessary or proper for the operation of the Condominium,


Deer Cove Declaration                                                                       3
Version 3.0                                                                        June 1, 2003
              whether such personnel are employed directly by the Board or are furnished by
              the Manager;
                  (e) Any legal and accounting services necessary or proper for the operation of
              the Condominium or the enforcement of the provisions of the Act, the
              Declaration, these By-Laws and the Condominium Rules (if any);
                  (f) In the discretion of the Board, a fidelity bond naming the Manager, if any,
              and any other persons as may be designated by the Board, as principals, and the
              Owners as obliges for the first year in an amount equal to at least fifty percent
              (50%) of the estimated cash requirement for Common Expenses for that year as
              determined pursuant to the terms of these By-Laws and for each year thereafter
              in an amount equal to at least fifty percent (50%) of the total sum collected as
              Common Expenses during the preceding year;
                  (g) Such painting, maintenance, repair and landscaping of the Common Area,
              and such furnishings, tools, equipment, appliances, and other personal property
              for the Common Area, as the Board shall determine are necessary or proper;
                  (h) Maintenance and repair of any Unit, if such maintenance or repair is
              reasonably necessary in the discretion of the Board to protect the Common Area
              or preserve the appearance and value of the Condominium, and the Owner of
              said Unit has failed or refused to perform said maintenance or repair within a
              reasonable time after written notice of the necessity of said maintenance or
              repair delivered by the Board to said Owner, provided that the Board shall levy a
              special assessment against said Owner for the cost of said maintenance or
              repair, but the Board shall maintain and charge the cost thereof as a Common
              Expense, all water supply systems and disposal systems, connections and pipes,
              servicing the Units up to the boundary of each Unit, in the case of disposal pipes,
              and up to but not including any water shut off valve (but in no event further than
              the boundary of the Unit) in the case of water supply pipes;
                  (i) Any emergency repairs to any Unit necessary to prevent damage to other
              parts of the Condominium;
                  (j) Any other materials, supplies, labor, services, maintenance, repairs,
              structural alterations, insurance, taxes or assessments which the Board is
              required to secure or pay for pursuant to the terms of the Declaration, these By-
              Laws or by-law or which in its opinion shall be necessary or proper for the
              operation of the Common Area or for the enforcement of the Declaration or of
              these By-Laws, provided than any such material, supplies, labor, services,
              maintenance, repairs, structural alterations, insurance, taxes or assessments are
              provided for particular Units, the cost thereof shall be specially assessed to the
              Owners of such Units.
                  (k) To designate Limited Common Area adjacent to each Unit as parking
              for each Unit. To designate portions of the Common Area for visitor and guest
              parking and for extra parking, if required, to be assigned to Owners, without
              charge, if adequate parking in the Limited Common Area for such Owners is not
              available.
                  (l) (reworded) The Condominium shall be supplied with trash collection,
              placement of docks and floats (so long as the same is permitted by the State of
              New Hampshire), electricity, water and any other necessary utility services for
              the Common Area. For the entire year electricity to operate water pumps and
              water for the Units shall be supplied.


Deer Cove Declaration                                                                     4
Version 3.0                                                                          June 1, 2003
                  (l.A) Upon a vote of owners holding more than 66 2/3% of the total voting
              power of the Deer Cove Condominium authorizing the same the Board shall be
              authorized to execute and convey deeds granting or releasing rights, restrictions
              and easements, sign mortgages, deeds, notes, releases, settlements, contracts,
              and without limitation, do all things incidental thereto or in furtherance thereof.
                  (m) To repair or replace drywells, sewerage lines, septic tanks, septic
              systems or any parts thereof with a centralized septic system or a series or
              a number of septic systems and to repair or replace pipes, water lines,
              pumps, wells, and all other parts of a water system or systems with
              connections to a centralized water system or a series of water sources and
              to relocate, remove, renovate or create recreational area, paths, gardens,
              parks and all types of landscaping changes and/or improvements. To
              install, upgrade and pave all roads and parking areas on the premises and
              off the premises (as long as they serve the premises) to install walkways,
              electrical lights, waterfront items such as docks, or replacement docks,
              rafts, float lines, moorings, beach improvements and repairs, to provide
              drainage, underground electricity, fences and walls; and to provide all
              other items incidental thereto.
                  (n) The initial cost of getting water to each Unit, sewage disposal to
              each Unit, installing, upgrading and paving all roads and parking areas on
              the premises and off premises (as long as they service the premises),
              providing walkways, electrical lights, waterfront items such as docks, rafts,
              float lines, moorings, beach improvements and repairs, drainage,
              landscaping to the entire premises, underground electricity to the entire
              area, fences, walls and all other items incidental thereto shall be paid for by
              the Owners, their heirs, administrators, executors, successors or assigns
              holding record title as of June 10, 1986. These items shall be paid for by
              special assessments and shall be independent of the monthly
              Condominium fees.
                      The Board’s power shall be limited in that it shall have no authority to
              acquire and pay for out of Common Expenses capital additions and
              improvements or structural alterations (other than for the purposes of replacing
              portions of the Common Area, subject to the provisions of the Declaration)
              having a cost in excess of Three Thousand Dollars ($3,000) unless such
              additions, improvements or alterations have been approved by Owners holding a
              majority of the total voting power.
                      The Board shall have the exclusive right to contract for all items referred to
              in this section 7, which right may be delegated by it.

                                                Article III

                                    Meetings of Association Owners

         Section 1. Annual Meeting. Commencing after 1986 the annual meeting of the
            Association of Owners shall take place on the 4th Saturday in May of each year
            at 2:00 p.m. on the Common Area or at such other reasonable place and time
            (not more than thirty (30) days before or after such date) as may be designated
            by written notice of the Board mailed, delivered to or emailed as provided in
            Article VI, Section 8 to the Owners of record not less than fourteen (14) days

Deer Cove Declaration                                                                       5
Version 3.0                                                                       June 1, 2003
            prior to the date fixed for said meeting. In addition to other business to be
            transacted at the annual meeting, the Board shall present a statement of the
            (removed) preceding fiscal year, and a proposed budget of estimated Common
            Expenses and assessments for the next fiscal year. Within thirty (30) days after
            the annual meeting, a copy of the minutes of said meeting, including copies of
            said statement and budget, shall be mailed, delivered to or emailed as provided
            in Article VI, Section 8 to the Owners not present at said meeting. The aforesaid
            notice may be omitted provided that all of the Owners are present at the meeting,
            or those not present waive said notice in writing after receiving the aforesaid
            minutes, or provided that the said meeting is actually held on the 4th Saturday in
            May commencing at or shortly after 2:00 p.m. Any such notice shall be deemed
            waived by an Owner who expressly waives notice in writing or who is present at
            any such meeting.
         Section 2. Special Meetings. Special meetings of the Owners may be called at any
            time for the purpose of considering matters which, by the terms of the
            Declaration, these By-Laws or the Act require the approval of the Owners, or for
            any other reasonable purpose. Said meetings shall be called by written or email
            as provided in Article VI, Section 8 notice, signed by a majority of the Board, or
            by the Owners having one-third (1/3) of the Owner’s total voting power and
            mailed, delivered to or emailed as provided in Article VI, Section 8 to all Owners
            of record not less than fourteen (14) days prior to the date fixed for said meeting.
            Said notice shall specify the date, time and place of the meeting, and the
            purpose for which it is being called. Such notice may be omitted provided that all
            of the Owners are present at a meeting, or those not present waive such notice
            after receiving a copy of the minutes of said meeting. Any such notice shall be
            deemed waived by any Owner who expressly waives notice in writing or who is
            present at any such meeting.
         Section 3. Quorum. At any meeting of the Association, the presence in person of
            Owners holding at least twenty-five percent (25%) of the Owner’s total voting
            power shall constitute a quorum but less than a quorum may transact business if
            all of the Owners not present subsequently assent to the decisions made at said
            meeting by signing a copy of the minutes thereof to be filed with the records of
            the Association. When a quorum is present, unless otherwise provided in the
            Declaration, these By-Laws or the Act, a majority of the Owner’s total voting
            power present in person or by proxy shall decide any business brought before
            the meeting.
         Section 4. Voting. At any meeting of the Association, the Owners of each Unit
            including Declarant, shall be entitled to cast a number of votes equal to the
            ownership percentage attributable to that Unit as shown in Appendix B to the
            Declaration. Any Owner may attend and vote at such meeting in person, or by
            proxy (by instrument in writing signed by the Owner and filed with the Board).
            Where there is more than one record Owner of the same Unit, all of such
            persons may attend any such meeting, but it shall be necessary for said persons
            to act unanimously in order to cast the votes to which they are entitled. Where
            only one of such persons attends such meeting, he may vote for himself and as
            agent for any absent Owner of his Unit without proxy designation. Where none of
            such persons attends such meeting, any designation of proxy must be signed by
            all persons. Declarant shall be entitled to vote with respect to any Condominium


Deer Cove Declaration                                                                    6
Version 3.0                                                                      June 1, 2003
              owned by Declarant. In addition to the above proxy provisions an Owner may
              assign his right to vote to any first mortgage of record.

                                             Article IV

                                       Officers of Association

         Section 1. General. The officers of the Association shall be a President, a Secretary
            and a Treasurer, all of whom shall be elected annually by, and may be removed
            and replaced by, the Board. During the period that the Declarant holds two-thirds
            of the positions of members of the Board, Declarant, in its discretion, may hold
            any of the other offices of the Association. The Board may appoint an Assistant
            Secretary and an Assistant Treasurer and such other officers as, in its discretion,
            may be necessary. The President must be a member of the Board, but the other
            officers need not be members of the Board of Owners. The offices of Secretary
            and Treasurer may be held by the same person.
         Section 2. President. The President shall preside at meetings of the Board and shall
            have such other powers and duties as are provided in the Declaration, these By-
            Laws or by law and as are ordinarily exercised by the presiding officer of an
            association, including the appointment of committees from among the Owners,
            and as may be delegated to him by the Board or the Association from time to
            time.
         Section 3. Secretary. The Secretary shall record the proceedings of meetings of the
            Board and of the Association, shall keep such records and all other records,
            documents and other papers of the Board and of the Association and shall have
            such other powers and duties as may be delegated to him by the Board or the
            Association from time to time.
         Section 4. Treasurer. The Treasurer shall be responsible for the funds of the
            Association and shall be responsible for keeping or having kept full and accurate
            financial records and books of account showing all receipts and disbursements of
            the Association and any other financial data required by the Board or the
            Association. He shall be responsible for the deposit of all funds in the name of
            the Board or the Association in such depositor as may be designated by the
            Board from time to time and shall have such other powers and duties as may be
            delegated to him by the Board or the Association from time to time. The Board
            may delegate such of the Treasurer’s powers and duties to the Manager as it
            deems to be advisable.

                                              Article V

                                        Common Expenses

         Section 1. Fiscal Year. The fiscal year of the Association shall be a twelve (12)
            month period running from June 1 to May 31 of each year.
         Section 2. Assessment. On or prior to the annual meeting of the Owners of each
            year the Board shall estimate the Common Expenses to be required during the
            twelve (12) month period commencing with the following June 1. If there is any
            deficit for the prior year there will be a special assessment made and
            distributed to each Owner at the annual meeting which shall be paid within

Deer Cove Declaration                                                                   7
Version 3.0                                                                         June 1, 2003
              thirty (30) days. The Common Expenses for the twelve (12) month period
              shall include a reasonable reserve for contingencies and replacements of
              Common Area, any amounts required for the purchase of a Condominium by the
              Association pursuant to Section 4 of this Article, any amounts required by an
              excess of repair and restoration costs over insurance proceeds pursuant to
              Paragraph 6(c)(i) of the Declaration and any other amounts required by the terms
              of the Declaration, these By-Laws or the Act. A proposed budget showing said
              estimated Common Expenses and Owner assessments shall be submitted to the
              annual meeting of the Association and shall be subject to change and approval at
              said meeting. Common Expenses shall be assessed to the Owners as of the
              following June 1 pursuant to the percentages set forth in Appendix B to the
              Declaration. Declarant will be liable for the amount of any special
              assessments to the amount of Declarant’s percentage of undivided
              Ownership. All other Owners will be liable for the amount of any
              assessment as per the percentages set forth in Appendix B to the
              Declaration. Declarant and Owners shall be liable for the monthly payment
              of Common Expenses for only those Units which are habitable and which
              comply with Section 13 (b) (iii) of the Declaration and has a hot water tank
              and a kitchen. All special assessments and the monthly Common
              Expenses (the monthly Condominium fees) shall be paid within thirty (30)
              days or interest at the rate of eighteen (18%) percent per annum shall
              accrue thereon until paid. If the sum estimated for Common Expenses
              proves inadequate for any reason, including nonpayment of any Owner’s
              assessment, the Board may at any time levy a further assessment, which shall
              be assessed to the Owners according to the aforementioned percentages, unless
              otherwise provided herein. Each Owner shall be obligated pay the assessments
              made against him to the Board, and such payments shall be due, in respect to
              the expenses in equal monthly installments on or before the first day of each
              month following the twelve (12) month period commencing with the following
              June 1, or in such other reasonable manner as the Board shall designate. All
              special assessments shall be due and payable within thirty (30) days. In the
              event a Unit is rendered uninhabitable by fire or other casualty, or is partially or
              completely torn down, the Board, in its discretion, may abate all or a portion of
              the Common Expenses assessed against the Owner of said Unit while it remains
              uninhabitable.

                     The failure of the Board to fix the assessment for such a twelve (12)
              month period prior to the commencement of such a period shall not be deemed a
              waiver or modification in any respect of the provisions hereof, or a release of the
              Owners from the obligation to pay the assessments, or any installment thereof for
              such period, but the assessment fixed for the preceding twelve (12) month period
              shall continue until a new assessment is fixed. Amendments to this Section shall
              be effective only upon unanimous written consent of the Owners. No Owner may
              exempt himself from liability for his assessment for the Common Expenses by
              waiver of the use or enjoyment of any of the Common Area or by abandonment
              of his Unit.
                     The assessment against each Owner for Common Expenses shall be
              determined by applying to projected Common Expenses for the year concerned


Deer Cove Declaration                                                                      8
Version 3.0                                                                      June 1, 2003
            such Owner’s interest in the Condominium as shown on Appendix B to the
            Declaration.
         Section 3. Records. The Treasurer or Manager shall keep detailed, accurate records
            in chronological order, of the receipts and expenditures by the Association for the
            Condominium, specifying and itemizing the maintenance and repair expenses
            and any other expenses incurred. Said records shall be available for examination
            by the Owners, or their agents, at convenient times.
         Section 4. Default in Payment of Assessments. Each monthly assessment of
            Common Expenses, and each special assessment shall be separate, distinct and
            personal debts and obligations of the Owner against whom the same are
            assessed and shall be collectible as such. Suit to recover money judgments for
            unpaid Common Expenses and unpaid special assessments shall be
            maintainable without foreclosing or waiving the lien securing the same. The
            amount of any monthly assessment or special assessment against any Owner
            plus interest at the rate of eighteen percent (18%) per annum, and costs,
            including reasonable attorneys’ fees, shall constitute a lien upon the
            Condominium as provided in Section 22 of the Act, and the Owner shall be liable
            for such interest on each monthly or special assessment from the day of its
            default and any such costs, in addition to such assessment, provided that such
            interest and costs may be waived by the Board in any specific instance in its sole
            discretion. Such lien for nonpayment of assessment may be enforced by sale by
            the Board, such sale to be conducted in accordance with the provisions of law
            applicable to the exercise of powers of sale or foreclosure in mortgages. In any
            such sale or foreclosure, the Owner shall be required to pay the costs and
            expenses of such proceedings and reasonable attorneys’ fees. Upon the
            foreclosure of the lien for assessments against the Owner, the Owner shall
            immediately vacate the Unit and if he fails to do so he shall be liable for a
            reasonable rental while he remains in possession thereof. The Board shall have
            the power to purchase the Unit at foreclosure or other sale and to hold, lease,
            mortgage and convey the Unit thereafter.
                   To the extent this Section 4 is inconsistent with RSA 356-B:46 the
            provisions contained in RSA 356-B:46 shall govern and all provisions
            contained in RSA 356-B:46 are incorporated herein by reference.

                                             Article VI

                                           Miscellaneous

         Section 1. Surplus. Any surplus of Common Expense payments by Owners over the
            actual expenses (including the reserve for contingencies and replacements)
            during a fiscal year of the Association shall be paid into the Common Expense
            fund for the following year as part of the reserve for replacements and
            contingencies for said following fiscal year.
         Section 2. Posting of Names of Officers. The Board shall post the names of the
            current members of the Board and of the other officers of the Association, from
            time to time, in a prominent location in the Common Area.
         Section 3. Administrative Rules and Regulations. The Directors may adopt, and from
            time to time amend, reasonable rules and regulations of uniform applicability to
            all Owners for the operation of the Condominium. The Owners, at any annual

Deer Cove Declaration                                                                   9
Version 3.0                                                                          June 1, 2003
             meeting, may, by a three-quarters vote (based on percentage interests in the
             Condominium), amend any rule or regulation and a rule or regulation so
             amended may be further amended by a further vote of two-thirds of the Owners.
             The initial residency rules and regulations are attached hereto and shall be
             deemed adopted until amended.
          Section 4. Invalidity. The invalidity of any part of these By-Laws shall not impair or
             affect in any manner the validity, enforceability or effect of the balance hereof or
             of the Declaration.
          Section 5. Gender. The use of the masculine gender herein shall be deemed to
             include the feminine gender and the use of the singular shall be deemed to
             include the plural, whenever the context so requires.
          Section 6. Interpretation. The provisions of these By-Laws shall be liberally
             construed to effectuate its purpose of creating a uniform plan for the
             development and operation of a condominium project.
          Section 7. Amendment. The By-Laws may be amended in the same manner as set
             forth in Paragraph 22 of the Declaration.
          Section 8. Email. Any notice, delivery of information or other notification will be
             considered delivered to an Owner when the notice, delivery of information or
             other notification is sent to the Owner via email and the Owner responds via
             email, acknowledging receipt of the same. Several attempts via email may be
             attempted to each Owner, however without an email response from the Owner
             acknowledging receipt of the notice, delivery of information or other notification,
             the notice, delivery of information or other notification is not delivered. In this
             case other means of delivery (postal mail, hand delivery, etc.) will still be
             required. For cost and efficiency reasons, each Owner is encouraged to maintain
             an email account, however they are not required to do so.


Extension to the By-Laws
        These rules are an extension of the Condominium By-Laws and are promulgated to
ensure that unit owners, (hereinafter called owners) residents, guest and lessees of the
individual units will conduct their activities so that the appearance and use of the facilities may
be enjoyed by all. This document is issued by the Condominium Declarant pursuant to the
provisions of the Declaration and By-Laws and in exercise of the Board of Directors
(hereinafter called Directors) and subject to revision as set forth in the By-Laws.
        I. General:
        Copies of these rules shall be provided to each owner, who shall ensure that all
residents, guests, lessees of his/her unit are informed of these specific provisions. Directors
will provide written or email as provided in Article VI, Section 8 notification to the owners of all
changes to these rules.
        II. Building Exteriors:
        A. Modifications or alterations, temporary or permanent, to the exterior of any building,
either to the structure or the appearance, shall not be made unless specifically approved by
the Directors. The exterior of all detached units shall be kept in good repair and in neat and
attractive condition. Examples of prohibited changes are awnings, sun shades, patio covers,
patio enclosures, fences, air conditioners, window grates, flags, or signs of any type. Requests
for approval of modifications shall be made to the Directors in writing with appropriate drawings
or sketches.
        III. Common Area and Limited Common Areas:
Deer Cove Declaration                                                                       10
Version 3.0                                                                          June 1, 2003
        A. Clothes or other materials shall not be hung or shaken from window sills or exterior
clotheslines, draped from balconies, railings, fences, trees, grass, or otherwise left or placed in
such a way as to be exposed to the public view. All refuse and trash shall be placed in
locations specifically designated by the Directors, and in accordance with town ordinances for
separation. Garbage or trash shall not be permitted to remain in public view or the exterior
view of any unit owner.
        B. Tools, sporting goods, boats, boating equipment, bicycles and other personal articles
and equipment must be kept within the unit or storage areas designated by the Directors for
use of the unit owner.
        C. Unit owners may plant flowers in the immediate vicinity of their units with prior
approval of the Directors. The type of planting shall not detract from the appearance of the
area and shall blend with the overall landscaping of the property.
        D. Signs of any kind shall not be displayed to public view in any way.
        E. Owners may not install exterior antennas for television or other communication
equipment or services without advance written approval of the Directors.
        F. Firewood shall be neatly stacked and stored in areas designated by the Directors.
        G. Any improvements, maintenance and landscaping of the common areas shall be
done under the supervision of the Directors.
        H. Use of the common areas is restricted to recreational activities which do not injure,
scar or alter the appearance of vegetation, natural or cultivated, or increase the maintenance
cost thereof, nor cause unreasonable commotion, noise, disturbance or annoyance to the
owners in their quiet enjoyment of their units. Examples of activities that are excluded are the
riding of bicycles, motorcycles, mopeds, skating, snowmobiles, hardball playing or other sports
activities on grass or walkway areas.
        I. Vehicles or other means of conveyance shall not be parked in the public walkways,
driveways, or storage areas, but only in the areas designated for such use.
        J. BB guns, air rifles, bow and arrows, darts, slingshots, firearms or the like devices
shall not be actuated or discharged on or in the vicinity of the units or condominium areas.
        K. Structures shall not be erected for storage, play, or protection of personal property.
        IV. Parking:
        A. Owners or lessees shall park in the location designated by the condominium
documents or Board of Directors; guests shall park in spaces so designated.
        B. The Declarant, Board of Directors or their agents are not responsible for loss or
damage to parked cars, other vehicles, boats or other property.
        C. Each Owner must inform his visitors that their vehicles must be parked in the
designated areas and not in the spaces assigned to residents.
        D. “Live” parking for the purpose of pick-up or delivery of passengers or articles is
permitted for short periods of time as is necessary and reasonable.
        E. All boats, trailers and campers are forbidden to park within the confines of the
condominium, except during the limited period of launching a boat or taking it out of the water.
Campers, skimobiles, recreational vehicles, boats, tools equipment or materials of any nature
may not be kept or stored outside of any building in view, except in such spaces for the
exclusive storage designated by the Directors.
        F. All vehicles shall be restricted to designated roads, service or parking lots.
Motorcycles and motor scooters, snow mobiles, bicycles and the like are restricted to areas
designated by the Directors.
        G. The speed limit for all vehicles within the condominium grounds is 15 miles per hour.
        H. Repairs to vehicles shall not be conducted on the premises. Disposal of oil or other
engine effluents on the property is prohibited.

Deer Cove Declaration                                                                       11
Version 3.0                                                                        June 1, 2003
        V. Units and Owners:
        A. Occupants shall not make or permit any noises which disturb other residents in the
building, nor do, nor permit anything to be done therein or outside which interferes with the
rights, comforts or convenience of other residents. No owner or tenant shall interfere in any
manner directly or indirectly with the sale of any unit by Deer Cove Realty Trust nor create
agitation or other problems with neighbors or any other person or persons that would adversely
affect the sale of any unit by Deer Cove Realty Trust.
        B. Occupants shall not play, nor suffer to be played, any musical instrument nor permit
to be operated any radio, phonograph or television if the same shall disturb or annoy a
resident.
        C. Unit owners shall not make not suffer any unlawful use of his unit, nor use it for any
purpose other than a private residence except as provided in the Condominium Agreements.
        D. Common pets kept in the units or on the condominium properties shall be controlled
by the following rules:
            1. No pet shall be allowed that becomes an annoyance, a nuisance, or a physical
            threat to other residents.
            2. Pets shall be leased when walked. Pets will not be allowed on the lawns, gardens,
            walkways or beach area.
            3. Owners of pets will be totally responsible for any damage of property or injuries
            caused by pets.
        E. Unit owners, guests and renters are expected to reduce noise levels after 11 p.m.
        F. Owners shall establish a means of emergency access to their unit during periods of
absence. Access is solely for the purpose of investigating or stopping an apparent serious
condition such as smoke, fire, water, leakage or gas escape. Owners may provide a duplicate
key to the Directors to satisfy this access requirement.
        G. No owner, tenant or guest shall divert any contractor or employee from
Condominium business, nor shall he/she direct, supervise or in any manner attempt to assert
control over such condominium contractor or employee while engaged in condominium
business.
        H. No activity shall be done or maintained in any unit or upon any common area which
will increase the rate of insurance thereon, unless such activity is first approved in writing by
the Directors. Waste shall not be permitted in the common area.
        I. Owners (lessees) shall close the main water shut-off valve in their unit when leaving
the unit unoccupied for a week or more.
        VI. Balconies (Decks):
        A. Cooking shall not be done on balconies.
        B. Objects of any kind are not to be placed or mounted on the balcony railings.
        C. Bird feeders shall not be placed nor mounted on the balconies or railings.
        D. Articles such as rugs, towels, draperies, bathing suits, dust mops, etc. are not to be
shaken from or hung on balcony railings. Balconies are to be kept neat and not used for
storage.
        E. Jumping from balconies or throwing of objects from balconies is prohibited.
        VII. Docks and Water:
        A. Boats will be securely tied at the assigned dock space, if any, or moored at an
appropriate mooring, if any, so as not to damage the docks or other boats or personal
property. Dock space, if any, shall not be leased nor loaned to others.
        B. Storage of boats and related equipment shall be only in an area designated for that
purpose by the Directors.
        C. Only owners or their guests may launch boats from any dock or waterfront area.

Deer Cove Declaration                                                                     12
Version 3.0                                                                          June 1, 2003
        D. Toys, equipment and personal belongings shall not be left unattended on any docks,
walkways or in the swimming area so as to constitute a nuisance or hazard.
        E. Swimmers shall have priority over moving boats in the immediate dock and/or
waterfront area. Boat operators shall control their watercraft so as to not constitute interference
or hazard to swimmers. High speed operation and water skiing within 200 feet of the end of
any dock is prohibited.
        VIII. Garages:
        A. Owners or lessees shall use garages for protection or storage of their vehicles and
other personal property. Garages may not be leased separately from the unit except as may
be approved by the Directors.
        B. Usage of the garage shall not result in generating noise, nor effluents that detract
from other owners’ quiet enjoyment of the premises.
        IX. Complaints:
        Complaints or reports of infractions of these rules shall be made to the Directors. Rule
changes shall be made, or a special meeting of the owners called by the Directors, to deal with
frequent complaints or flagrant violations.
        X. Fees and Assessments:
        A. Under the Condominium Declaration and By-Laws, the owners shall pay special
assessments and a periodic fee, the amount and frequency to be set by the Directors, to fund
the needs of the approved condominium budget. Notification of fees and assessments, their
amounts and due dates shall be issued by the treasurer as specified by the Directors.
        B. The Directors may assign a penalty of $15 or 12%, whichever is greater, for any
delinquency in payment of fees or assessments. The treasurer shall notify the Directors of any
overdue payments within one week of the payment due date. In addition unpaid fees and
assessments shall constitute a lien on owner’s unit.
        XI. Director’s Authority:
        To the extent permitted by law and the Condominium Declaration and By-Laws the
Directors shall have the authority to issue or deny approval of any exception to these rules.
Such approvals shall be in writing and may be for the resolution of temporary problems or
situations. Approvals may be revoked at any time.
        XII. Enforcement Costs:
        Cost and expenses including reasonable attorneys fees incurred in enforcing these
rules shall be assessed against the violator or unit owner responsible for the violator.
        XIII. Rental of Units:
        All renting or leasing agreements must incorporate the condominium rules. A copy of
these rules shall be signed by rentors and returned to the Directors of the Condominium
Association. No unit may be rented so as to have more than eight (8) occupants at any time.




First Amendment and Additions to the Rules and Regulations of the Deer Cove
Condominium


      This Amendment and Additions to the Rules and Regulations of the Deer Cove
Condominium is made this 18th day of September, 1986 by the Board of Directors of the Deer
Cove Condominium in accordance with Article VI, Section 3 of the By-laws of the Deer Cove

Deer Cove Declaration                                                                       13
Version 3.0                                                                       June 1, 2003
Condominium Association. The Amendment and Additions to the Rules and Regulations are
as follows:

      (1)     Rule XIII entitled RENTAL OF UNITS as set forth in the document entitled “Third
              Amendment to Declaration of Condominium dated August 31, 1976 – Recorded
              Book 634, Page 379” is hereby deleted in its entirety and new Rule XIII.
              RENTAL OF UNITS: is as follows:

                    All renting or leasing agreements must incorporate the Condominium
                    rules. A copy of these rules shall be signed by rentors and returned to the
                    Directors of the Condominium Association. No units shall be rented to
                    more than two (s) persons per bedroom as reflected in Appendix B to the
                    Condominium Declaration.

      The following two new rules are hereby added to the Rules and Regulations of the Deer
Cove Condominium:

       (1)     XIV. METERING OF WATER USAGE:
       For the purpose of conserving the water and septic systems and guarding against any
possible failures or overburdening of these systems, water usage by the Condominium project
shall be metered with the meter to be read on a quarterly basis and then reduced by five
percent (5%) to reflect common usage. This adjusted figure shall then be provided to the New
Hampshire Water Supply and Pollution Control Commission in a quarterly report by the Board
of Directors. The first quarterly report shall be due for the quarter ending October 31, 1986.

      (2)    XV. USE OF DETERGENTS:
      To further protect the sewage disposal systems and the water quality of the area, all
washing machines, dishwasher and other detergents will be bio-degradable and/or meet the
phosphate content requirement of the New Hampshire Water Supply and Pollution Control
Commission or its successor. A list of those detergents which comply with this requirement will
be obtainable from the Board of Directors of the Deer Cove Condominium Association.

     IN WITNESS WHEREOF the undersigned have executed this instrument this 18th of
September, 1986.

                                           DEER COVE CONDOMINIUM ASSOCIATION,
                                           BOARD OF DIRECTORS

                                           __(signature of Dennis A. Sands)__
                                           Dennis A. Sands, Director

                                           __(signature of Gail A. McNeill)__
                                           Gail A. McNeill, Director

                                           __(signature of David S. Sands)__
                                           David S. Sands, Director

                                           State of New Hampshire
                                           Carroll, ss.

Deer Cove Declaration                                                                   14
Version 3.0                                                                   June 1, 2003

       The foregoing instrument was acknowledged before me this 18th day of September,
1986 by Dennis A. Sands as Director of the Deer Cove Condominium Association, Davis S.
Sands as Director of the Deer Cove Condominium Association and Gail A. McNeill as Director
of the Deer Cove Condominium Association.

                                         __(signature unreadable)__
                                         Justice of the Peace/Notary Public




Deer Cove Declaration                                                               15

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:13
posted:4/27/2010
language:English
pages:15