Article X, Covenants and Restrictions

10.01 - Restrictions.
The following covenants and restrictions are imposed upon the lands subject to this Master Deed:

1. To the extent that equipment, facilities and fixtures, within any Unit(s) shall be connected to similar equipment, facilities or fixtures affecting or serving other Unit(s) or the Common Elements, then the use thereof by the individual Unit Owners shall be subject to this Master Deed, the By-Laws and the Rules and Regulations of the Association.
2. The Common Elements shall be used only for the furnishing of the services and facilities for which they are reasonably intended and suited and which are incident to the use and occupancy of the Units.
3. All property taxes, special assessments and other charges imposed by any taxing authority are to be separately assessed against and collected on each Unit as a single parcel, as provided by the New Jersey Condominium Act. In the event that for any year such taxes are not separately taxed to each Unit, but are taxed on the Property as a whole, then each Unit Owner shall pay his proportionate share thereof.
4. Each Unit owner shall pay for his own telephone and other utilities that are separately metered or billed to each user by the respective utility company. Utilities which are not separately metered or billed or which serve the Common Elements shall be treated as part of the Common Expenses.
5. No garage may be used for any purpose other than private vehicular parking, storage or related uses nor may same be partitioned or subdivided for any purpose or converted to inhabitable space.
6. No maintenance or washing of any automobile or other vehicle shall be performed in any driveway or other parking area.
7. No bicycles, baby carriages, wagons or similar non-motorized vehicles or toys, nor mopeds, motorcycles or similar motorized vehicles shall be parked or otherwise left unattended in any Common or Limited Common Element, except that a licensed motorcycle may be parked in any marked parking space.
8. No Unit shall be used or rented for transient or hotel purposes, which shall be defined as:


1. rental for any period less than six (6) months or
2. any rental where the occupants of the Unit are provided customary hotel services such as room service for food, beverages, maid service, furnishing laundry and linen and bellboy service; provided, however, that any Unit Owner may rent a Unit for less than six (6) months to a contract purchaser, but in no event for transient or hotel purposes.

No Unit Owner may lease less than the entire Unit. Copies of all leases must be furnished to the Association prior to the commencement of the term thereof. Other than the foregoing obligations, Unit Owners shall have the right to lease the same provided:

1. said lease is in writing and is made subject to this Master Deed and the By-Laws of the Association and other documents referred to herein, including the right of amendment reserved to Sponsor, herein,
2. that any failure of the lessee to fully comply of within the terms and conditions of such documents shall constitute a default under the lease, and
3. that said lease does not violate the Affordable Housing Plan for The Cedars, A Condominium, the significant terms of which are set forth in Article XV of this Master Deed and which is attached hereto as Exhibit G.



In the event a tenant of a Unit owner fails to comply with the provisions hereof, the By-Laws or Rules and Regulations of the Association, in addition to all other remedies which it may have, the Association shall notify the Unit Owner of such violations and demand that same be remedied through the Unit owners efforts within thirty (30) days after such notice. If such violation(s) is not remedied within such thirty (30) day period, then the Unit Owner shall immediately thereafter, at his own cost and expense, institute and diligently prosecute an eviction against such tenant on account of such violation(s). Such action shall not be compromised or settled without the prior written consent of the Association. In the event the Unit Owner fails to fulfill the foregoing obligations, the Association shall have the right, but not the duty, to institute and prosecute such action as attorney-in-fact for the Unit Owner and at the Unit Owner's and sole cost and expense, including all legal fees incurred. Such costs and expenses payable upon demand by the shall be deemed to constitute a lien on the particular Unit involved and the collection thereof may be enforced by the Board in the same manner as the Board is entitled to enforce collection of Common Expenses.

9. No Unit, except those Units utilized by the Sponsor as sales offices, administrative offices or models, shall be used for any purpose other than as a private residence.
10. There shall be no obstruction of the Common Elements nor shall anything be stored in or upon the Common Elements without the prior consent of the Board.
11. No portion of the Common Elements or other portion of the Property shall be used or maintained for the dumping of rubbish or debris except in the dumpster disposal areas. Trash, garbage or other waste shall be deposited in sanitary containers on the Property for regular collection.
12. In order to provide an orderly procedure in the case of title transfers and to assist in the maintenance of a current, up to date roster of Unit Owners or occupants, each Unit owner shall give the Secretary of the Condominium Association timely notice of his intent to list his Unit for sale or lease, and upon closing of title or execution of the lease, as the case may be, shall forthwith notify such Secretary of the names and home addresses of the purchasers or lessees.
13. No Unit Owner or occupant shall build, plant, or maintain any matter or thing upon, in, over or under the General or Limited Common Elements without the prior written consent of the Board unless permitted by any Rules and Regulations promulgated by the Board.
14. Each Unit Owner shall be responsible for the maintenance and cleaning of the interior surfaces of all windows and skylights, and the front door and back door, if any, of his Unit, and any locks, hinges, or other hardware pertaining to them. Each Unit Owner shall be solely responsible for any repair or replacement of any broken glass or damaged screens in any windows and skylights, and the front door ant back door, if any, of his Unit.
15. No noxious or offensive activities 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 in the Condominium.
16. No animal of any kind shall be raised, bred, or kept in any Unit or anywhere else within the Condominium, except as permitted by the Rules and Regulations of the Association.
17. Nothing shall be done to any Unit or on or in the Common Elements which will impair the structural integrity of any Building or which will structurally change any Building. No Unit Owner (other than the Sponsor) may make any interior structural additions, alterations or improvements in or to his Unit or in or to the Common Elements, or impair any easement without the prior written consent of the Board. Unit Owner(s) shall not have the right to paint or otherwise decorate the appearance of the exterior of any Building without the consent of the Board. Nothing herein shall be construed to prohibit the reasonable adaptation of any Unit for handicapped use.
18. No exterior loudspeakers other than those contained in portable radios or television sets shall be permitted on the Property.
19. No Unit Owner or occupant shall burn, chop or cut anything on, over or above the Property.
20. No immoral, improper, offensive or unlawful activity shall be permitted within any Unit or upon the Property; and all laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereover shall be observed.
21. No vehicles of a size larger than any panel truck and no mobile home, recreational vehicle, boat, boat trailer or the like shall be parked on any part of the Property, except that those vehicles temporarily on the Property for the purpose of servicing the Property itself or one of the Units, shall be permitted without written consent of the Board.
22. No Unit Owner shall cause or permit any clothes, sheets, blankets, or laundry of any kind, or plants, planters, or any other articles to be hung or displayed on the outside of windows or placed on the outside windowsills, walls, patios or balconies of any Building, parking areas or other Common Element; and no signs, awnings, grills, patio or balcony enclosure, fence, canopies, shutters, or radio or television antenna or aerial shall be erected or installed in or upon the Common Elements or any part thereof without the prior consent of the Board.
23. No water beds shall be permitted in any Unit.
24. No Unit Owner shall place or store any item in any "attic" space or other space above the qypsum board or other material constituting the ceiling of his Unit. No Unit Owner shall enter, or permit any other person to enter, such "attic" or other space, or the roof of any Building.
25. Each Owner of a Unit located above the ground floor, other than Sponsor, shall cover at least eighty (80%) percent of the first floor area of his Unit with carpet. For purposes of this restriction, the floor area of any Unit shall not include that of the kitchen or bathroom.

10.02 - Enforcement of Restrictions.
The Board shall have the power to make such Rules and Regulations as may be necessary to carry out the intent of the use restrictions contained in Section 10.01, and shall have the right to bring law suits to enforce the Rules and Regulations so promulgated. The Covenants Committee or the Board, whichever is applicable, shall further have the right to levy fines for violations of these regulations, provided that the fine for a single violation may not, under any circumstances, exceed $25.00. Each day that a violation continues after receipt of notice by the Unit Owner may be considered as a separate violation. Any fine so levied shall be considered as a Common Expense to be levied against the particular Unit Owner involved, and collection may be enforced by the Board in the same manner as the Board is entitled to enforce collection of Common Expenses.