| 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
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:
- Nothing contained herein to the contrary shall serve to exculpate
members of the Board of Trustees appointed by Developer from their fiduciary
responsibilities.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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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