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
VIII
Use, Occupancy and Maintenance
- Residential Units are for the use of Residential Unit owners, their
guests, tenants, licenses, invitees and other occupants. Anything in
this Master Deed or in the By-Laws to the contrary notwithstanding,
there shall be no restrictions on the right of a Residential Unit Owner
to lease or rent the Unit as otherwise allowed by law provided that
all of the occupants. Tenants, licensees and invitees of the Residential
Unit Owner shall be subject to all of the other provisions of this Master
Deed and the By-Laws.
- Use of the Common Elements is restricted to Unit Owners, and their
guests, tenants, licensees, invitees and other occupants; provided,
however, that the use of the recreational amenities is restricted to
Residential Unit owners, and their guests, tenants, licensees, invitees,
and other occupants.
- Every occupant, tenant and other user of a Residential Unit shall
have the same rights and privileges as a Residential Unit Owner with
regard to use of the Common Elements.
- Except as authorized by the Board of Trustees of the Association in
writing, no Residential Unit may be used for the Conduct of any commercial
enterprise provided that this paragraph shall not restrict the right
of a Residential Unit Owner to lease or rent his Unit. No Residential
Unit owner shall post any advertisement or posters of any kind, except
as authorized in advance by the Association.
- No Common Elements other than those described and assigned to a Unit
may be used for any type of storage of any Unit Owner’s property, nor
may the Common Elements or Limited Common Elements be obstructed by
any act of a Unit Owner, except for those areas specifically designated
by the Association as storage areas.
- The Unit Owners, regardless of the type of Unit, shall not cause or
permit any clothes, sheets, blankets or laundry of any kind or other
articles to be hung or displayed on the outside of windows or placed
on the outside walls or balconies or the Building and no signs, awnings,
grills, balcony enclosure canopies, shutter or radio or television antennas
shall be affixed or placed upon the exterior walls or roof of any part
thereof without the prior written consent of the Association.
- No Unit Owner shall make any modifications or alterations within his
Unit affecting bearing or support walls or other Common Elements without
the prior written approval of the Board of Trustees of the Association
and all holders of first mortgage liens. Any application to a municipal
authority for a permit to make an addition, alteration or improvement
in or to a Unit shall be executed only by the Association or by its
authorized representatives, without, however, incurring any liability
on the part of the Association to any contractor, subcontractor or material
man by reason of such addition, alteration or improvement or to any
person having any claim for injury to person or damage to property arising
therefrom. All permit fees shall be the responsibility of the Unit
owner and any request by a Unit owner for approval pursuant thereto
shall be deemed to constitute his agreement to indemnify and save the
association harmless from and against all liability, claims or expense
in connection with the subject matter of such request. The provisions
of this section shall not apply to Units owned by the Developer until
such Units have been initially sold and conveyed by the Developer.
- Trash must be placed in trash chutes and containers in the designated
locations on each floor.
- No radio or television antenna of any type, nor any air conditioning
unit, flood light or any other equipment or appurtenance or any wiring
for any purpose may be installed on the exterior of the building or
protrude through the walls, windows or roof without the prior written
consent of the Board of Trustees of the Association.
- The balconies shall be used only for the purposes intended and shall
not be used for hanging garments or other objects, or for cleaning r4ugs
or other household items or for storage of the Unit Owner’s personal
property.
- The handing of awnings, garments, rugs or other personal property
in the windows or from any portion of the facade of the building is
absolutely prohibited.
- No dogs, cats or any pets whatsoever are permitted without the prior
written consent of the Association.
- No Unit Owner or occupant may make or permit any disturbing noises,
nor do or permit anything to be done by any persons, which will interfere
with the rights, comforts or convenience of other Unit Owners or occupants.
- No Unit Owner or occupant may play or allow to be played any musical
instrument, phonograph, radio or television set in his Unit between
the hours of 11:00 p.m. and 8:00 a.m. if the same shall disturb or
annoy other Unit Owners or occupants of the Condominium.
- No Unit Owner or occupant shall build, plant, or maintain any matter
or thing upon, in, over, under the Common Elements without the prior
written consent of the Board of Trustees of the Association.
- No Unit Owner shall have any right to paint or otherwise decorate
or change the appearance of any portion of the exterior of the Building
without the prior written consent of the Board of Trustees of the Association.
- No noxious or offensive
activity shall be carried on, in or upon the Common Elements or in any
Unit, nor shall anything be done therein either willfully or negligently
which may be or become an annoyance or nuisance to the other residents
of the Condominium.
- No improper, offensive or unlawful use shall be made of any Unit,
and all valid law, zoning ordinances and regulations of all governmental
bodies having jurisdiction thereof shall be observed.
- Nothing shall be done to any Unit, or on or in the Common Elements,
which will impair the structural integrity of the Building or which
will structurally change the Building.
- The Unit Owner shall not engage in any activity or keep anything in
any Unit or in or upon the Common Elements which will increase the rates
of insurance or result in cancellation of insurance to the Condominium.
- All draperies, blinds, curtains or other window coverings installed
or maintained on any window of a Unit shall be white or off-white in
color, or contain lining of material in a white or off-white color.
- Each Unit Owner shall have the right to mortgage or encumber his Unit,
provided that such mortgage or encumbrance is made to an Institutional
Mortgage Lender, as defined above, or to the immediate predecessor in
title of the Unit.
- All property taxes, special or added assessments and other charges
imposed by any taxing authority are to be separately assessed against
and collected from each Unit as a single parcel, as provided in the
new Jersey Condominium Act.
- Each Unit Owner shall pay for his own telephone and other utilities,
if any, which are separately metered or billed to each user by the respective
utility company and/or cable and satellite television. Any utilities
which are not separately billed or metered shall be treated as Common
Expenses.
- No unit may permit the temperature in his Unit to fall below 50 degrees
Fahrenheit. In the event that the temperature in any Unit falls below
50 degrees Fahrenheit, the Association shall have the right to enter
the Unit and to make such repairs or adjustments as are necessary to
cause the Unit to be maintained at a temperature of 50 degrees Fahrenheit
or greater. All such repairs to expenses or adjustments shall be at
the expense of the Unit Owner.
- The Unit Owner is responsible to promptly report to the Association
any defect or need for repairs, the responsibility for which is that
of the Association. Except as herein provided, no member or group of
members or group of members shall build, paint or maintain any matter
or thing upon, over or under the General and Limited Common Elements
except with the prior written consent of the Board of Trustees, nor
shall any member place trash, garbage or excess material of any kind
on, in, or about the Common Elements.
- Each Unit owner
shall promptly furnish, perform and be responsible for, at his own expense,
all of the maintenance, repairs and replacements as may be required
for the functioning of the air conditioning and hearing systems and
the plumbing which are a part of and/or appurtenant to such Unit and
for the bringing of water and electricity to such Unit. Maintenance,
repairs and replacements of the refrigerators, ranges and other electrical
appliances and plumbing fixtures of any such Unit shall additionally
be at said Unit Owner’s sole expense. Maintenance repairs and replacements
of the General and Limited Common Elements shall be furnished by the
Association and charged to all Unit Owners as a Common Expense. The
Association may provide by its rules and Regulations for ordinary maintenance
and minor repairs and replacements to be furnished to any type of Unit
by Association personnel or representatives and charged as a Common
Expense.
- If, due to the negligent act or omission of or misuse by a Unit Owner,
or a member of his family or of a guest or other authorized occupant
or visitor of such Unit Owner, damage shall be caused to the General
or Limited Common Elements or to a Unit(s) owned by others, or maintenance,
repairs or replacements shall be required which would otherwise be a
Common Expense, then such Unit Owner shall pay for such damage and be
liable for any damages, liability, costs or expenses including attorney’s
fees, caused by or arising out of such circumstances and such maintenance,
repairs and replacements to the General and Limited Common Elements
or the Units.
- The Association shall have the power to promulgate such Rules and
Regulations as may be necessary to carry out the intent of these use
restrictions, and shall have the right to bring law suits to enforce
the Rules and Regulations promulgated by the Association. The Association
shall further have the right to levy fines for violations of these Rules
and Regulations, provided that the fine for a single violation may not,
under any circumstances, exceed Twenty-five ($25.00) Dollars and may
not be imposed without at least ten (10) days’ prior notice to the Unit
owner of said violation and the opportunity therein for such Unit Owner
to be heard by the Board prior to the imposition of any fine or be cure
said violation. Each day that a violation continues after notice shall
be considered a separate violation. Any fine so levied shall be considered
as a charge to be levied against the particular Unit owner involved
and collection may be enforced by the Association in the same manner
as the Association is entitled to enforce collection of Common Expenses.
- The Association shall retain a passkey to each Unit. No Unit Owner
shall alter any lock or install a new lock on any door leading into
the Unit of such Owner without the prior written consent of the Association.
If such consent is given, the Unit Owner shall provide the Association
with a key for the use of the Association.
- No more than one (1) vehicle for each Residential Unit may be parked
in the Condominium’s garage facilities without the consent of the Association,
its managing or other agent.
- In the event that utility service to any Commercial Unit is not separately
metered but is connected to the central utility system of the building,
then such Commercial Unit shall be responsible for and shall pay to
the Association, on a monthly basis, an amount equal to its prorate
share of the utility costs attributable to the Commercial Unit on a
square footage basis.
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