Article VIII, Easements

8.01 - Unit Owner Easements.
Every Unit Owner, his successors and assigns, shall have the following perpetual easements with respect to the Property:

1. A non-exclusive easement in, upon, over, under. across and through the Common Elements to keep, maintain, use, operate, repair and replace his Unit in its original position and in every subsequent position to which it changes by reason of the gradual forces of nature and the elements; and
2. An exclusive easement for the existence and continuance of any encroachment by his Unit upon any adjoining Unit or upon any Common Elements, now existing or which may come into existence hereafter as a result of construction, reconstruction, repair, shifting, settlement or movement of any portion of a Building or a Unit, or as a result of condemnation or eminent domain proceedings, so that any such encroachment may remain undisturbed so long as the Building stands; and
3. A non-exclusive easement for ingress and egress to his Unit in, upon, under, over, across and through the General Common Elements; and
4. An exclusive easement to use and enjoy the surfaces of the main walls, (including any skylights, windows, or doors, therein), ceilings, floors, stairway and foyer of his Unit: and
5. An easement in common with the owners of all other Units to use any and all pipes, wires, ducts, cables, conduits, public utility lines, television systems, master antenna facilities or other General Common Elements serving his Unit; and
6. A perpetual and non-exclusive easement in, over and through the General Common Elements to use the roadways, walks and other common facilities within the Condominium subject to the right of the Board to:


1. promulgate Rules and Regulations for the use and enjoyment thereof; and
2. suspend the enjoyment and voting rights of any Unit Owner for any period during which any assessment remains unpaid, or for any period during which any infraction of its published Rules and Regulations continues, it being understood that any suspension for either non-payment of any assessment or a breach of the Rules and Regulations of the Association shall not constitute a waiver or discharge of the Unit Owner's obligation to pay the assessment.


7. A perpetual and non-exclusive easement for pedestrian ingress and egress to and from the tennis courts or swimming pool or to other Unit(s) over and through the walkways and roadways, which easement shall be for the benefit of all Unit owners, occupants or their invitees; and
8. A perpetual and non-exclusive easement for access to or use of the General and Limited Common Elements within the Condominium or for any other purposes, which easement is for the benefit of all Owners and occupants of Units in the Condominium and their invitees; and
9. A perpetual and non-exclusive easement for vehicular ingress and egress reasonably required to and from the Units over and through roadways in the Condominium which easement shall be for the benefit of all Owners and occupants of Units in the Condominium and their invitees.

8.02 - Developer Easements.
Developer, its respective successors and assigns, shall have the following easements with Property:

1. A blanket and non-exclusive easement in, upon, through, under and across the Common Elements for the purpose of construction, installation, maintenance and repair of any improvements to the Units or the Common Elements, for ingress and egress for the use of all driveways, parking areas, and for the utilization of existing and future model Units for sales promotion and exhibition, until the expiration of one (1) year from the date the last Unit is sold and conveyed in the normal course of business, but in no event more than five (5) years from the date of recording of this Master Deed. In addition, Developer hereby reserves the irrevocable right to enter into, upon, over or under any Unit for such purposes as may be reasonably necessary for the Developer or its agents to service such Unit or any part of a Building provided that requests for entry are made in advance and that such entry is at a time reasonably convenient to the Unit Owner. In case of an emergency, such right of entry shall be immediate whether the Unit owner is present at the time or not; and
2. A perpetual blanket and non-exclusive easement in, upon, over, under, across and through the Common Elements for surface water runoff and drainage caused by natural forces and elements, grading, and/or the improvements located upon the Property. No individual Unit Owner shall directly or indirectly interfere with or alter the drainage and runoff patterns and systems within the Condominium.

8.03 - Association Easements.
The Property shall also be subject to the following easements:

1. The Association shall have a perpetual exclusive easement for the maintenance of any Common Element, including those which presently or may hereafter encroach upon a Unit; and
2. The Association, through the Board or any manager or managing agent, or their respective agents or employees shall have the perpetual and non-exclusive right of access to each Unit


1. to inspect same
2. to remedy any violations of the provisions of this Master Deed, the By-Laws or any Rules and Regulations of the Association, and
3. to perform any operations required in connection with the maintenance, repairs or replacements of or to the Common Elements, or any equipment, facilities or fixtures affecting or serving other Unit(s) or the Common Elements; provided that requests for entry are made in advance and that any such entry is at a time reasonably convenient to the Unit Owner. In case of an emergency, such right of entry shall be immediate, whether the Unit Owner is present at the time or not.

8.04 - Eligible Mortgage Holder Easements.
Any Eligible Mortgage Holder, its officers, agents and employees, shall have a blanket, perpetual and non-exclusive easement to enter the Condominium or any part thereof to inspect the condition and repair of the Common Elements, or any Units so encumbered by a first mortgage owned by it. This right shall be exercised only during reasonable daylight hours, and then whenever practicable, only after advance notice to and with the permission of the Board and the Unit Owner.

8.05 - Township of Bernards.
The Property shall also be subject to the following easements:

1. A blanket, perpetual and non-exclusive easement of unobstructed ingress and egress in, upon, over, across and through the Common Elements to the Township of Bernards its respective officers, agents and employees (but not the public in general) and all police, fire, and ambulance personnel in the proper performance of their respective duties (including but not limited to emergency or other necessary repairs to a Unit which the Unit Owner has failed to perform), and for repair and maintenance of the Common Elements. Except in the event of emergencies, the rights accompanying the easements provided for in this Section 8.05 shall be exercised only during reasonable daylight hours and then, whenever practicable, only after advance notice to and with permission of the Unit Owner(s) directly affected thereby.
2. A perpetual, blanket and non-exclusive easement in, upon, over, under across and through the Common Elements to the Township of Bernards its respective officers, agents, and employees (but not the general public) for surface water runoff and drainage caused by natural forces and elements, grading, and/or the improvements located upon the Property. No individual Unit Owner shall directly or indirectly interfere with or alter the drainage and runoff patterns and systems within the Condominium.