Article X of the Master Deed imposes certain restrictions on the Unit Owner and his use of his Unit. Before purchasing a Unit, a prospective purchaser should review Article X of the proposed Master Deed to become thoroughly familiar with the restrictions.
The Units are intended for use as private residences. A Unit Owner may generally use his Unit for this purpose provided he does not create an annoyance or nuisance to other Unit Owners. His use of equipment, facilities or fixtures within his Unit that are connected to similar equipment and facilities or fixtures affecting or servicing other Units or the Common Elements is subject to restrictions in the Master Deed, the By-Laws and the Rules and Regulations of the Association. Each Unit Owner is responsible for the maintenance and repair of his Unit, including the interior surfaces of doors, windows and skylights, and the replacement of any broken glass or damaged screens. The Association may require each Unit Owner to deposit a key to his Unit with the Association, to be used only for access in case of emergency.
Unit Owners may not leave bicycles and similar non-motorized vehicles unattended in any Common Element or Limited Common Element not appurtenant to that Unit Owner's Unit, nor in any exterior portion of any Unit. Residents may not build, plant or maintain any matter or thing in the General or Limited Common Elements without prior written consent of the Board. Pets are not allowed within the Condominium unless specifically permitted by the Rules and Regulations of the Association (the Developer does not plan to permit pets as long as it controls the Board).
A Unit Owner may mortgage his Unit if the mortgage is a Permitted Mortgage as defined in the Master Deed. Units may be leased for a period of six (6) months or longer. If a Unit Owner leases his Unit, he must notify the Association and provide a copy of the lease document. Notwithstanding the preceding, owners of Affordable Housing Units may not lease their Units. Each Unit Owner is responsible for all property taxes assessed against his Unit as well as all utility charges assessed against individual Units.
Owners of Affordable Housing Units are permitted to sell their Units only to persons who meet the income criteria for such ownership as set forth by the Affordable housing Agency of the Township of Bernards. Similarly, the price of the resale is regulated to assure that each Affordable Housing Unit remains affordable to persons having the predetermined income levels. Purchasers of Affordable Housing Units are directed to the material in Exhibit 7 of the Plan, including the Disclosure Statement for Purchasers of Affordable Housing Units (Exhibit 7-B), for a complete discussion of these restrictions.
These are only examples of the types of restrictions on occupancy, transfer, and alteration that have been placed on the Units and Unit Owners in the Condominium. Prospective buyers must be aware that as Unit Owners they will be bound by these restrictions. The Association is charged with enforcing these restrictions and may do so by several different means, including the imposition of fines or the institution of appropriate legal action.
