16.01 - Duration.
The provisions of this Master Deed shall be perpetual in duration, shall run with and bind all of the land included in the Condominium and shall inure to the benefit of and be enforceable by the Association and the Unit Owners, their respective successors, assigns, heirs, executors, administrators, and personal representatives, except that the covenants and restrictions set forth in Article X shall have an initial term of forty (40) years from the date this Master Deed is recorded in the office of the Somerset County Clerk, at the end of which period such covenants and restrictions shall automatically be extended for successive periods of ten (10) years each, unless at least two-thirds (2/3) of the Unit Owners at the time of expiration of the initial period, or of any extension period, shall sign an instrument, or instruments (which may be in counterparts), in which they shall agree to change said covenants and restrictions in whole or in part: but no such agreement shall become binding unless written notice containing the terms of the proposed agreement is sent to every Owner at least ninety (90) days in advance of the action taken in authorizing said agreement; and in any event, any changes concerning any such agreement shall not become effective and binding until three (3) years after the recording of the aforesaid fully executed instrument or instruments containing such agreement, and provided further, that in no event may the Common Elements be conveyed to any third person, firm or corporation, without the express consent, by ordinance, of the governing body of the Township of Bernards (or such municipal corporation or other governmental entity as may then have zoning and subdivision jurisdiction over the Property); and except that covenants and restrictions contained in Article XV of this Master Deed regarding the Affordable Housing Units shall endure in accordance with that Article.
16.02 - Amendment of Master Deed.
In addition to the rights of amendment reserved to the Developer in Section 9.02 and Section 14.03, this Master Deed may be amended at any time after the date thereof by a vote of at least sixty-seven (671) percent of all Unit Owners, at any meeting of the Association duly held in accordance with the provisions of the By-Laws, provided. however, that any amendment so requiring it under the provisions of Article XIII, shall also have the prior written approval of fifty-one (51%) percent of the Eligible Mortgage Holders. The Developer shall not be permitted to cast any votes held by it for unsold Units to amend the Master Deed, By-Laws or any other document for the purpose of changing the permitted use of a Unit or for the purpose of reducing the Common Elements or facilities. No amendment shall be effective until recorded in the Office of the Clerk of Somerset County, New Jersey. This paragraph is by way of supplement to and not in derogation of the powers of amendment reserved to Developer pursuant to Article IX hereof. In the alternative, an amendment may be made by an agreement, signed and acknowledged by sixty-seven (67%) percent of the Unit Owners and the required percentage of Eligible Mortgage Holders, if any, in the manner required for the execution of a deed, and such amendment shall be effective when recorded in the Office of the Clerk of Somerset County, New Jersey. No amendment is permitted that would have the effect of releasing or altering the restrictions contained in Article XV or Exhibit G pertaining to Affordable Housing Units unless specifically authorized in said Article XV or Exhibit G, or by the Affordable Housing Administrator of the Township of Bernards.
16.03 - Enforcement.
Enforcement of this Master Deed shall be by any appropriate proceeding in law or equity in any court or administrative tribunal having jurisdiction against any person or persons, firm or corporation violating or attempting to violate any convenant herein contained; either to restrain or enjoin such violation or threatened violation, or to recover damages; and against any Owner to enforce any lien created by this Master Deed in any convenant herein contained. Failure by the Association or any Member thereof to enforce any convenant herein contained for any period of time shall in no event be deemed a waiver or estoppel of the right to thereafter enforce the same.
In the event the Condominium is not maintained in reasonable order and condition, the Township of Bernards shall have the right to enter upon and maintain it. The assumption of such maintenance responsibility shall be in accordance with the procedure set forth in N.J.S.A. 40:55D-43(b). The cost of same shall be assessed, enforced and collected in accordance with the provisions of N.J.S.A. 40:55D-43(c). Notwithstanding any limitations as to the applicability of N.J.S.A. 40:55D43(b) and (c) aforesaid to the maintenance of "open space", provisions of this section shall be deemed to apply to all maintenance obligations as set forth in this Master Deed. The cost of such maintenance by the municipality shall be assessed pro rata against the Owner of each Unit affected thereby and shall become a lien and tax on each such Unit, and shall be enforceable by the Township of Bernards in the manner provided by law with respect to real estate taxes assessed directly against each such Unit.
16.04 - Validity.
The invalidity of any provision of this Master Deed, the Certificate of Incorporation, or By-Laws of the Association shall not be deemed to impair or affect in any manner the validity or enforceability of the remainder of this Master Deed or By-Laws and in such event all of the other provisions of this Master Deed and By-Laws shall continue in full force as if such invalid provisions had never been included.
16.05 - Waiver.
No provision contained in this Master Deed shaIl be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur.
16.06 - Gender and Usage.
The use of the masculine gender in this Master Deed shall be deemed to refer to the feminine gender and the use of the singular shall be deemed to refer to the plural, and vice versa, whenever the context so requires.
16.07 - Rule Against Perpetuities.
If any provision of this Master Deed or the By-Laws shall be interpreted to constitute a violation of the rule against perpetuities, provision shall be deemed to remain in effect until the death of the last survivor of the now living descendants of Robert F. Kennedy, former Senator of the State of New York, deceased, plus twenty-one (21) years thereafter.
16.08 - Exhibits.
Attached hereto and made a part hereof are the following Exhibits:
