MASTER DEED
CREATING AND ESTABLISHING
THE ATLANTIC PALACE
A CONDOMINIUM

Prepared by:
H.B. Munn, Jr.
Vice President, Development 
U. S. Capital Corporation

MASTER DEED
THE ATLANTIC PALACE, A CONDOMINIUM

 
Table of Contents
Page
ARTICLE I    Definitions
ARTICLE II Special Provision for the State of New Jersey Department of Community Affairs
ARTICLE III Property Rights
ARTICLE IV Assessments
ARTICLE V The Atlantic Palace Condominium Association
ARTICLE VI Easement and Restrictions
ARTICLE VII By-Laws
ARTICLE VIII Use, Occupancy and Maintenance
ARTICLE IX Certain Rights of Developer
ARTICLE X Reconstruction or Repair of Casualty Damage
ARTICLE XI Insurance
ARTICLE XII Eminent Domain; Obsolescence
ARTICLE XIII Termination of Condominium
ARTICLE XIV Amendment of Master Deed
ARTICLE XV Provision for the Benefit of Institutional Mortgage Lenders
ARTICLE XVI Miscellaneous Provisions
 
Exhibits
Exhibit A  Legal Description of the Property
Exhibit B  Survey
Exhibit C  Graphic Description of the Condominium  
Exhibit D  Unit Percentage Interests  
Exhibit E  By-Laws  
Exhibit F  Articles of Incorporation  
Exhibit G  Floor Area of Units  

ARTICLE II

Special Provisions for the State of New Jersey

Department of Community Affairs

Notwithstanding any provision in the Master Deed and Exhibits to the contrary, the following provisions shall be controlling:
  1. Nothing contained herein to the contrary shall serve to exculpate members of the Board of Trustees appointed by Developer from their fiduciary responsibilities.
  2. While Developer maintains a majority of the Board of Trustees, it shall make no additions, alterations, improvements or purchases not contemplated in this Master Deed which would necessitate a special assessment or a substantial increase in the monthly assessment unless required by a government agency, title insurance company, mortgage lender or in the event of an emergency.
  3. The Developer shall not be permitted to cast any votes held by it for unsold units or interests for the purpose of amending the Master Deed, By-Laws or any other document for the purpose of changing the permitted use of a unit or interest, or for the purpose of reducing the Common Elements or facilities.
  4. There shall be no restrictions on the right of a Unit Owner to rent. Lease or sell his Unit provided that all occupants or new owners of a Unit shall at all times be subject to the provisions contained in this Master Deed and in the other Condominium Documents.
  5. This Condominium is subject to the Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.).  The Condominium Association is considered as the owner for purposes of the Hotel and Multiple Dwelling Law and is held responsible for the abatement of all violations which it has the power to abate and for the payment of registration and inspection fees.  Unit owners may be required to abate violations within their Units.  If a penalty has been assessed against a former Owner of a Unit, it is a personal debt of the former Owner and is not chargeable as a lien against the Association unless a court judgment on the penalty has been obtained.  The Bureau of Housing Inspection, which administers the Hotel and Multiple Dwelling Law, gives every new owner an opportunity to correct existing violations without penalty and only imposes a penalty after the new owner has been notified of the violations, been given an opportunity to abate them, and has failed to do so.
  6. When a member of the Board of Trustees who has been elected by Unit Owners other than Developer is removed or resigns, that vacancy shall be filled by a Unit Owner other than Developer.
  7. While Developer maintains a majority of representation on the Board of Trustees, he shall post a fidelity bond or other guarantee acceptable to the Department of Community Affairs in an amount equal to the annual budget.  For the second and succeeding years, the bond or other guarantee shall include accumulated reserves.
  8. While Developer maintains a majority of the Board of Trustees, he shall have an annual audit of Association funds prepared by an independent accountant, a copy of which shall be delivered to each Unit Owner within ninety (90) days of the expiration of the fiscal year of the Association.  The audit shall cover the operating budget and reserve accounts.
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