AMENDED AND RESTATED DECLARATION
TABLE OF CONTENTS
AMENDED AND RESTATED
OF CURRIER WOODS
This is the Amended and Restated Declaration of Currier Woods, Cheshire, Connecticut. The original Declaration of Currier Woods, by Ravenswood Properties, Inc., was dated March 13, 1972, and recorded on March 14, 1972, in the Cheshire Land Records in Volume 188 at Page 4.
This Amended and Restated Declaration has been adopted, in part, to bring the Declaration of Currier Woods under the provisions of the Connecticut Common Interest Ownership Act except for matters relating to the Survey and Plans, which have not been amended, the Allocated Interests of the Units, the boundaries of the Units and restrictions on the use and occupancy of the Units. Amendments relating to these items have been amended under the provisions of the original declaration of Currier Woods and Chapter 825 of the Connecticut General Statutes.
In the Documents where a word or phrase is initially capitalized, such word or phrases, shall have the following meanings even where they are verbs and used in any tense other than the present tense although not capitalized: If a word or words are initially capitalized and are not defined in the Documents the definition thereof in the statute relating to the operation of Currier Woods shall apply.
Section 1.2 - Allocated Interests. The undivided interest in the Common Elements, the Common Expense liability, and Votes in the Association, allocated to the Units in the Common Interest Community. The Allocated Interests are described in Article VII of this Declaration and shown on Schedule A‑2.
Section 1.4 ‑ Association. Currier Woods Association, Inc., a nonstock corporation organized under the laws of the State of Connecticut. It is the Association of Unit Owners pursuant to Section 47-243 of the Act.
Section 1.5 ‑ Bylaws. The Bylaws of the Association, as they may be amended from time to time. The current Bylaws have been recorded contemporaneously with this Amended and Restated Declaration. The Bylaws are not a part of the Amended and Restated Declaration and are not to be considered to be title documents.
Section 1.6 ‑ Common Elements. All portions of the Common Interest Community other than the Units, including easements in favor of Units or the Common Elements over other Units and other interests in real property for the benefit of Unit Owners which are subject to the Declaration.
(a) Expenses of administration, maintenance, and repair or replacement of the Common Elements and those portions of the Units for which the Association is responsible;
(b) Expenses declared to be Common Expenses by the Documents or by the Act;
(c) Expenses agreed upon as Common Expenses by the Association;
(d) Such reserves as may be established by the Association, whether held in trust or by the Association, for repair, replacement or addition to the Common Elements and those portions of the Units for which the Association is responsible or any other real or personal property acquired or held by the Association; and
(e) Fees, charges, late charges, fines and interest charged against a Unit Owner pursuant to the Act, the Documents, or both.
(f) Judgments against the Association or collective Unit Owners.
Some costs and expenses imposed by the Association shall be Common Expenses but shall be assessed against less than all the Units as provided in Section 16.2.
Section 1.9 - Damaged or Destroyed. A portion of the Common Interest Community is Damaged or Destroyed (suffers Damage or Destruction) if it suffers physical damage of a type, and caused by an occurrence of a type, covered by the casualty insurance required by Section 47-255 of the Act or by this Amended and Restated Declaration, or for which insurance carried by the Association is in effect.
Section 1.12 - Documents. The Declaration, Survey and Plans recorded and filed pursuant to the provisions of the Act, the certificate of incorporation, Bylaws, and the Rules of the Association as they be amended from time to time. Any exhibit, schedule, or certification accompanying a Document is a part of that Document.
Section 1.13 - Eligible Insurer. An insurer or guarantor of a first Security Interest in a Unit which has notified the Association in writing of its name and address and that it has insured or guaranteed a first Security Interest in a Unit. Such notice shall be deemed to include a request that the Eligible Insurer be given the notices and other rights described in Article XV.
Section 1.14 ‑ Eligible Mortgagee. The holder of a first Security Interest in a Unit which has notified the Association, in writing, of its name and address, and that it holds a first Security Interest in a Unit and requests that the Association notify it of any proposed action requiring the consent of a specified percentage of Eligible Mortgagees. Such notice shall be deemed to include a request that the Eligible Mortgagee be given the notices and other rights described in Article XV.
Section 1.15 ‑ Executive Board. The Executive Board of the Association pursuant to Subsections 47-245(a) and (b) of the Act, and Sections 33-1080 through 33-1130 of the Connecticut Revised Nonstock Corporation Act except where superseded by the Act. The Executive Board acts only as a group. The activities of the Association are administered by its officers and agents in performing their authorized functions.
Section 1.17 ‑ Improvements. Any construction or facilities existing or to be constructed on the land included in the Common Interest Community, including but not limited to, buildings, trees and shrubbery planted by the Declarant or the Association, paving, utility wires, pipes, and light poles.
Section 1.18 ‑ Limited Common Elements. A portion of the Common Elements allocated by the Declaration or by the operation of Subsections 47-221(2) or (4) of the Act for the exclusive use of one or more but fewer than all of the Units. The Limited Common Elements in the Common Interest Community are described in Article V of this Declaration.
Section 1.19 - Maintain, Repair and Replace. Maintain, Repair and Replace is the act of addressing and correcting deterioration, wear and tear, and obsolescence to the Property which is not covered by the casualty insurance required by Section 47-255 of the Act or by this Declaration, or by other casualty insurance carried by the Association.
Section 1.20 - Majority of Executive Board. Unless otherwise provided in the Documents or the Act, the majority of the Executive Board, or any committee of the Executive Board shall be a vote of the majority of the members of the Executive Board or committee present and voting at a meeting at which a quorum is present. All votes at meetings of the Executive Board or committees shall be based upon one equal vote for each member of the Executive Board or the committee.
Section 1.23‑ Notice and Comment. The right of a Unit Owner to receive notice of an action proposed to be taken by or on behalf of the Association, and the right to comment thereon. The procedures for Notice and Comment are set forth in Section 21.1 of this Declaration.
Section 1.24 ‑ Notice and Hearing. The right of a Unit Owner to receive notice of an action proposed to be taken by the Association, and the right to be heard thereon. The procedures for Notice and Hearing are set forth in Section 21.2 of this Declaration.
Section 1.26 ‑ Person. An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity.
Section 1.27 ‑ Plans. The plans filed with the original declaration of Currier Woods, and the second amendment to the original declaration, more specifically described in Schedule A‑4 to this Declaration, as they may be amended from time to time.
Section 1.29 ‑ Rules. Rules and regulations for the use of Units and Common Elements and for the conduct of Persons within the Common Interest Community, adopted by the Executive Board pursuant to this Declaration. The current Rules have been recorded contemporaneously with this Amended and Restated Declaration. The Rules are not a part of the Declaration and are not to be considered to be title documents.
Section 1.30 ‑ Security Interest. An interest in real property or personal property, created by contract or conveyance, which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in the Association, and any other consensual lien or title retention contract intended as security for an obligation.
Section 1.31 ‑ Survey. The survey filed with the original declaration of Currier Woods and the first three amendments to the original declaration, more specifically described in schedule A-3 to this Declaration, as it may be amended from time to time.
Name and Type of Common Interest
The Common Interest Community is situated in the Town of Cheshire, Connecticut and is located on land described in Schedule A‑1.
(a) Generally: Walls, floors, windows, exterior doors, skylights and ceilings are designated as boundaries of a Unit. All lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished surfaces thereof are a part of the Unit, and all other portions of the walls, floors, windows, exterior doors, skylights and ceilings are a part of the Common Elements.
(b) Inclusions: Each Unit shall include the spaces and Improvements lying within the boundaries described in Subsection 4.3(a) above, and shall also include any chutes, pipes, flues, ducts, wires, conduits, and other facilities situated in the perimeter walls and ceilings of the Unit serving only that Unit. Each Unit shall include the window, sliding or hinged glass doors or skylight glass, window frames and sashes, sliding or hinged glass door frames and all operating mechanism and insect screens.
(c) Exclusions: Except when specifically included by other provisions of Section 4.3, the following are excluded from each Unit: The spaces and Improvements lying outside of the boundaries described in Subsection 4.3(a) above; and all chutes, pipes, flues, ducts, wires, conduits, and other facilities running through any interior wall or partition for the purpose of furnishing utility and similar services to other Units or Common Elements or both.
The following portions of the Common Elements are Limited Common Elements assigned to the Units as stated:
(a) If any chute, flue, pipe, duct, wire, conduit, or any other fixture lies outside the designated boundaries of a Unit, any portion thereof serving only that Unit is a Limited Common Element, the use of which is limited to that Unit, and any portion thereof serving more than one Unit or any portion of the Common Elements is a part of the Common Elements.
(b) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, decks, patios and all exterior doors or other fixtures designed to serve a single Unit, but located outside the Unit's boundaries, are Limited Common Elements allocated exclusively to that Unit and their use is limited to that Unit.
(c) Stoops and steps at the entrances to each building, which provide access to less than all Units, the use of which is limited to the Units to which they provide access.
(d) Attic space directly above each Unit.
(e) Carports, garages and exterior utility areas, including storage and trash areas adjoining carports and garages, and parking spaces the use of which is limited to the Unit or Units as shown on the Plans.
(f) Any space heating, water heating or air conditioning apparatus, water spigots and all electrical and light switches; dryer vents, doorbells, garage door openers, garage door springs and mechanisms, storm or screen doors, locksets and keys, exterior lighting fixtures and bulbs, including those on carports and garages, television, cable, telephone, telecommunications and electrical receptacles, satellite dishes on decks and like items, all of which serve one Unit exclusively.
(g) Mailboxes shall be Limited Common Elements as assigned to each Unit by the post office.
(h) Privacy walls erected between two Units’ decks and serving only those Units.
As to each of the foregoing, a right of use is reserved as an appurtenance to the particular Unit or Units as described above. The fee ownership of the Limited Common Elements, however, is vested in all of the Unit Owners.
Section 6.1 - Common Elements. The Association shall Maintain, Repair and Replace all of the Common Elements, except the portions of the Limited Common Elements which are required by this Declaration to be Maintained, Repaired or Replaced by the Unit Owners.
Section 6.2 ‑ Units. Each Unit Owner shall Maintain, Repair and Replace, at his or her own expense, all portions of his or her Unit, except the portions thereof to be Maintained, Repaired or Replaced by the Association.
(a) Each Unit Owner shall be responsible for removing all snow, leaves and debris from all patios, decks and balconies which are Limited Common Elements appurtenant to his, her or its Unit. If any such Limited Common Element is appurtenant to two or more Units, the owners of those Units will be jointly responsible for such removal.
(b) Furthermore, each Unit Owner shall Maintain, Repair and Replace the following Limited Common Elements:
(i) Those limited Common Elements described in Subsection 5.1(f) of this Declaration.
(ii) Any awnings, designed to serve a single Unit, but located outside the Unit's boundaries.
(iii) Any deck, balcony or privacy wall subsequently altered, modified or extended or redesigned by the Unit Owner. Any enclosure or utility cabinet added to the limited common area.
(c) The activities of the Unit Owners under this Section 6.3 are subject to the provisions of Article X of this Declaration.
Section 6.4 ‑ Access. Any Person authorized by the Executive Board shall have the right of access to all portions of the Property for the purpose of correcting any condition threatening a Unit or the Common Elements, and for the purpose of performing installations, alterations or repairs, and for the purpose of reading, repairing or replacing utility meters and related pipes, valves, wires and equipment, provided that requests for entry are made in advance and that any such entry is at a time reasonably convenient to the affected Unit Owner. In case of an emergency, no such request or notice is required and such right of entry shall be immediate, whether or not the Unit Owner is present at the time.
Section 6.5 ‑ Repairs Resulting From Negligence. Each Unit Owner shall reimburse the Association for any damages to any other Unit or to the Common Elements caused intentionally, negligently or by his, her or its failure to properly Maintain, Repair or Replace his, her or its Unit. The Association shall be responsible for damage to Units caused intentionally, negligently or by its failure to Maintain, Repair or Replace the Common Elements.
Section 6.6 - Ratification of Capital Expenditures. Before the Executive Board enters into any agreement for the repair, replacement, modification, alteration or improvement of any portion of the Property in an amount equal to 15% or more of the then current budget, the agreement shall be presented to the Unit Owners for ratification in the same manner as a budget under Subsection 16.4(b). In the event of an emergency, however, that requires capital expenditures in excess of 15% of the then current budget to repair, replace or modify or improve any portion of the Property, the Executive Board may approve such expenditures without Unit Owner ratification. An emergency is defined as a situation which requires immediate compliance with any government order or any situation requiring action which must be taken to protect persons or property from immediate harm.
(a) Notwithstanding the provisions of this Article IV, the Executive Board may, from time to time, after Notice and Comment, determine that certain portions of the Units required to be maintained by the Unit Owners, or certain objects or appliances within the Units, pose a particular risk of damage to other Units and to the Common Elements if they are not properly inspected, maintained, repaired or replaced. By way of example, but not of limitation, these portions, objects or appliances might include chimneys, clothes dryer vents, smoke detectors, and water heaters. In this Section 6.7 those items determined by the Executive Board to pose such a particular risk are referred to as “High Risk Components.”
(b) At the same time that it designates a “High Risk Component” or at a later time the Executive Board, after Notice and Comment, may require one or more of the following with regard to the High Risk Component:
(i) That it be inspected at specified intervals by the Association or an inspector or inspectors designated by the Association.
(ii) That it be replaced or repaired at specified intervals, or with reference to manufacturers’ warranties, whether or not the individual component is deteriorated or defective.
(iii) That it be replaced or repaired with items or components meeting particular standards or specifications established by the Executive Board.
(iv) That when it is repaired or replaced, the installation include additional components or installations specified by the Executive Board.
(v) That it be replaced or repaired by contractors having particular licenses, training or professional certification or by contractors approved by the Association.
(vi) If the replacement or repair is completed by a Unit Owner, that it be inspected by a Person designated by the Association.
(c) The imposition of requirements by the Executive Board under Subsection 6.7(b) shall not relieve a Unit Owner of his or her obligations under Section 6.2 of this Article including, but not limited to, the obligation to perform and pay for Repairs, Maintenance, and Replacement.
(d) If any Unit Owner fails to Maintain, Repair or Replace a High Risk Component in accordance with the requirements established by the Executive Board under this Section 6.7, the Association may, in addition to any other rights and powers granted to it under the Documents and the Act:
(i) Enter the Unit in accordance with Section 6.4, and inspect and Maintain, Repair or Replace the High Risk Component, and charge the cost to the Unit Owner as a Common Expense attributable to the Unit under Section 16.2;
(ii) Fine the Unit Owner or the occupant of the Unit or both under Subsection 22.2 (m); and
(iii) Bring an action against the Unit Owner for specific performance of the Unit Owner's duties under this Section 6.7 without posting bond.
Section 7.1 ‑ Allocation of Interests. The table showing Unit numbers and their Allocated Interests is attached as Schedule A‑2. These interests have been allocated in accordance with the formulas set out in this Article VII.
The percentage of the undivided interest in the Common Elements , the share of the Common Expenses, and the Votes appertaining to each Unit was computed by dividing the square footage of each Unit into the total of the square footage of all Units on the Plans. The total percentage of the undivided interest in all of the Units equals 100%.
(a) Votes in the Executive Board, or a committee thereof shall be on a basis of one vote per person eligible to vote.
(b) Votes in the Executive Board, or a committee thereof may not be cast by proxy, although a Director may participate in such a meeting by electronic means to the extent permitted by the Bylaws or applicable law.
(a) Fractions: Any specified percentage, portion or fraction of Unit Owners, unless otherwise stated in the Instruments, means the specified percentage, portion or fraction in the aggregate of such portion of Votes.
(c) Proxies: Votes allocated to a Unit may be cast pursuant to a proxy duly executed by a Unit Owner. If a Unit is owned by more than one Person, each owner of the Unit may vote or register protest to the casting of Votes by the other owners of the Unit through a duly executed proxy. A Unit Owner may revoke a proxy given pursuant to this Subsection only by actual notice of revocation to the person presiding over a meeting of the Association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates one year after its date, unless it specifies a shorter term.
(a) Each Unit is a single family dwelling and should be occupied by a single family, their guests and domestic help. A single family dwelling is defined as a single housekeeping unit, operating on a non-profit, non-commercial basis between its occupants, cooking and eating with a common kitchen and dining area.
(b) No Unit may be subdivided into a smaller Unit, nor any portion thereof sold or otherwise transferred without an amendment of the Declaration to show the changes in the Units effected thereby.
(c) The Common Elements shall be used for the furnishing of services and facilities for which the same are reasonably intended, and for the enjoyment of the Units, and their shall be no storage nor obstructions, including, but not limited to, boats, trailers, and similar personal property, placed therein without prior written consent of the Executive Board. Garages, carports and utility areas may be used for general household storage, wood, wood pellets and other similar materials without Executive Board consent provided that it is kept in an orderly fashion, poses no hazard and does not violate any other portion of these documents. The Executive Board will make individual determinations for each unique case.
(d) No nuisances shall be allowed upon the Property, nor shall any use or practice be allowed which is a source of annoyance to residents or which interferes with the peaceful possession or proper use of the Property by its residents.
(e) No unlawful use shall be made of the Property, nor any part thereof; and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed. The respective responsibilities of the Unit Owners and the Association of complying with the requirements of governmental bodies which requires maintenance, modification or repair of the Property shall be the same as provided in this Declaration for the Maintenance, Repair and Replacement of that portion of the Property subject to such requirements.
(f) All Unit Owners may use the Common Elements in such a manner as will not restrict, interfere with or impede the use thereof by other Unit Owners and subject to the Rules.
(g) No Unit Owner shall permit use of his, her or its Unit for transient, hotel or commercial purposes.
(h) Nothing may be done or kept in any Unit that will increase the rate of insurance of the buildings, or the contents thereof, beyond the rates ordinarily applicable for residential condominium units of similar design and construction without prior written consent of the Executive Board. No Unit Owner may permit anything to be done or kept in his, her or its Unit which will result in the cancellation of insurance on any of the buildings, or the contents thereof, or which would be in violation of any law.
(i) The Association may adopt Rules that affect the use or occupancy of the Units to: (1) Prevent any use of the Unit which violates the Declaration; (2) regulate any occupancy of a Unit which violates the Declaration or adversely affects the use and enjoyment of other Units of the Common Elements by other Unit Owners; or (3) restrict the leasing of Units to the extent that the Rules are reasonably designed to meet first mortgage underwriting requirements of institutional lenders who regularly purchase or insure first mortgages on units in common interest communities, provided no such Rule shall be enforceable unless notice thereof is recorded on the land records of each town in which any part of this Common Interest Community is located. Such notice shall be indexed in such land records in the name of the Association as grantor and grantee and in the name of the Common Interest Community as both Grantor and Grantee.
(j) The use of the Common Elements is subject to the Bylaws and the Rules of the Association.
(k) Except pursuant to Articles VI and X of this Declaration, nothing may be done to any Unit which will impair the structural integrity of the building or buildings or which will structurally change them. No Unit Owner may do any work which may jeopardize the soundness or safety of the Property, reduce the value thereof, or impair any easements, right of purchase or any interest constituting a Common Element.
(l) For any period during which any Common Expense assessment remains unpaid or, after Notice and Hearing, for any period not to exceed thirty (30) days, for any infraction of its published Rules, the Executive Board may suspend the right of a Unit Owner, the members of his, her or its household and his, her or its tenants and guests to use Common Elements not necessary to give access to a public street.
(m) Unit Owners and occupants of Units will not cause or permit anything to be hung or displayed on the windows or placed on the outside walls of any of the buildings or within Common Elements in the buildings. No signs, awnings, canopies, shutters, or other items may be affixed to or placed upon the exterior walls or roofs without the prior written consent of the Executive Board; nor will they cause or permit anything to be hung or displayed on the inside of windows intended to be seen from the outside, including, without limiting the foregoing, “For Sale” signs, etc. No sign indicating commercial uses may be displayed outside a Unit.
Section 8.2 - Restrictions on Alienation. Any Unit Owner who receives a bona fide offer for the sale his Unit, either with or without: (1) the undivided interest in the common areas and facilities appurtenant thereto; (2) the interest of. such Unit Owner in any Units theretofore acquired by the Executive Board, or its designee, on behalf of all Unit Owners, or the proceeds of the sale or lease thereof, if any; and (3) the interest of such Unit Owner in any other assets of Currier Woods, (hereinafter collectively called the “Appurtenant Interests”), or a bona fide offer for a lease of his Unit, (hereinafter called an “Outside Offer”), which he intends to accept, shall give notice to the Executive Board of such offer and of such intention, the name and address of the proposed purchaser, or lessee, the terms of the proposed transaction and such other information as the Executive Board may reasonably require, and shall offer to sell such Unit, together with the Appurtenant Interests, or to lease such Unit, to the Executive Board, or its designees, corporate or otherwise, on behalf of the owners of all other Units, on the same terms and conditions as contained in such Outside Offer. The giving of such notice shall constitute a warranty and representation by the Unit Owner who has received such offer to the Executive Board on behalf of the other Unit Owners, that such Unit Owner believes the Outside Offer to be bona fide in all respects. Within thirty (30) days after receipt of such notice, the Executive Board may elect, by notice to such Unit Owner, to purchase such Unit, together with the Appurtenant Interests, or to lease such Unit, as the case may be, (or to cause the same to be purchased or leased by its designee, corporate or otherwise) on behalf of all other Unit Owners, on the same terms and condition as contained in the Outside Offer and as stated in the notice from the offering Unit Owner. In the event the Executive Board shall elect to purchase such Unit, together with the Appurtenant Interests, or to lease such Unit, or to cause the same to be purchased or leased by its designee, corporate or otherwise, title shall close at the office of the attorneys for Currier Woods forty‑five (45) days after the giving of notice by the Executive Board of its election to accept such offer. At the closing, the Unit Owner, if such Unit, together with the Appurtenant Interests, is to be sold, shall convey the same to the Executive Board, or to its designee, on behalf of all other Unit Owners, by deed in the form required by the Unit Ownership Act of the State of Connecticut, with all Connecticut Real Estate Conveyance Tax paid, and shall pay all other taxes arising out of such sale. In the event such Unit is to be leased, the offering Unit Owner shall execute and deliver to the Executive Board, or to its designee, a lease between the offering Unit Owner, as landlord, and the Executive Board, or its designee, as tenant, covering such Unit, on the terms and conditions contained in such Outside Offer. In the event the Executive Board or its designee shall fail to accept such offer within thirty (30) days as aforesaid, the offering Unit Owner shall be free to contract to sell such Unit, together with the Appurtenant Interests, or to lease such Unit, as the case may be, within sixty (60) days after the expiration of the period in which the Executive Board or its designee might have accepted such offer, to the Outside Offeror, on the terms and conditions set forth in the notice from the offering Unit Owner to the Executive Board of such Outside Offer. Any such deed to an Outside Offeror shall provide that the acceptance thereof by the grantee shall constitute an assumption of the provisions of the Declaration, the Bylaws and the Rules, as the same may be amended from time to time. Any such lease shall be consistent with these Bylaws and shall provide that it may not be modified, amended, extended or assigned, without the prior consent in writing of the Executive Board, that the tenant shall not sublet the demised premises, or any part thereof, without the prior consent in writing of the Executive Board, and that the Executive Board shall have power to terminate such lease and/or to bring summary proceedings to evict the tenant in the name of the landlord thereunder, in the event of default by the tenant in the performance of such lease. In the event the offering Unit Owner shall not, within such 60 day period, contract to sell such Unit, together with the Appurtenant Interests, or to lease such Unit, as the case may be, to the Outside Offeror on the terms and conditions contained in the Outside Offer, or if the Unit Owner shall so contract to sell or lease his, her its Unit within such sixty (60) day period, but such sale or lease shall not be consummated pursuant to the terms of such contract, then should such offering Unit Owner thereafter elect to sell such Unit, together with the Appurtenant Interests, or to lease such Unit, as the case may be, to the same or another Outside Offeror on the same or other terms and conditions, the offering Unit Owner shall be required to again comply with all of the terms and provisions of this Section 8 of this Article XIII.
Any purported sale or lease of a Unit in violation of this Section shall be voidable at the election of the Executive Board.
Unit Owner and tenant are jointly and severally liable for Common Expenses as provided in this Declaration and the Bylaws. On Unit Owner’s default in payment of such expenses, the Association may, in addition to any of its other rights, collect from tenant rent due under the lease, in which event tenant shall pay such rent directly to the Association or its representative, and such rent shall be applied toward payment of such Common Expenses and any other costs or charges relating to such Common Expenses due under the Bylaws and the Rules of the Association.
All leases to take effect after June 1, 1992 must contain a clause that reflects those responsibilities of the tenant and owner of their several liability to the Association for Common Expenses as outlined above.
All easements or licenses appurtenant to the Common Interest Community to which the Common Interest Community is presently subject are recited in Schedule A‑1 to this Declaration.
A Unit Owner:
(a) May make any improvements or alterations to the interior of his or her Unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the Common Interest Community;
(b) After acquiring an adjoining Unit or an adjoining part of an adjoining Unit, may remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a Common Element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the Common Interest Community and such Unit Owner agrees to restore such removal and/or alteration if the Units are again separated. Removal of partitions or creation of apertures under this Subdivision is not an alteration of boundaries. Any removal or alteration pursuant to this section, however, must have the prior approval of the Executive Board pursuant to procedures set forth in section 10.3.
A Unit Owner:
(a) May not make any improvements or alterations to the interior of his or her Unit that impair the structural integrity or mechanical systems or lessen the support of any portion of the Common Interest Community;
(b) May not make any addition, alteration or improvement to, attach anything to or change the appearance of any portion of the Common Elements, or the exterior appearance of any other portion of the Common Interest Community, without permission of the Executive Board as provided in this Article X.
(a) A Unit Owner may submit a written request to the Executive Board for approval to do anything that is prohibited or regulated under Sections 10.1 and 10.2. The Executive Board shall answer any written request for such approval, after Notice and Hearing to the applicant, the owners of all Units located within 100 feet of the proposed addition, alteration or improvement, and any other Unit Owner who, in the sole opinion of the Executive Board, may be impacted by the proposed additions, alternations or improvements within sixty (60) days after the request thereof. Failure to answer within such time shall not constitute a consent by the Executive Board to the proposed action. The Executive Board may adopt Rules to govern review of requests under this Section 10.3.
(b) In acting on any request made under Subsection 10.3(a), the Executive Board shall observe the requirements and limitations of all applicable laws, ordinances and regulations, including, but not limited to the Federal Fair Housing Amendments Act of 1988.
(c) The Executive Board may establish time limits and require conditions for its approval of an application under Sections 10.1, 10.2 and 10.3. These may include, but are not limited to, the following:
(i) That the Unit Owner Maintain, Repair and Replace the addition or alteration or improvement or reimburse the Association for the costs of maintenance, repair and replacement.
(ii) That the Unit Owner remove the addition or alteration and restore the Property to its prior condition after a certain period of time or upon the happening of a certain event.
(iii) That the Unit Owner indemnify the Association for all loss, cost or expense resulting from the existence of the addition or alteration.
(iv) That the approval and the conditions imposed on the approval be incorporated in a written agreement, signed by the Unit Owner and recorded on the Cheshire Land Records.
(d) The Association may require the Unit Owner to pay an application fee, at the time the application is made or at such later time as the Executive Board determines, to reimburse the Association for its costs in considering and acting on the application including reasonable fees of attorneys and design professionals.
(e) The Executive Board may grant approval for a type or class of modifications or installations by adopting a Rule, after Notice and Comment.
(a) Any applications to any department or to any governmental authority for a permit to make any addition, alteration or improvement in or to any Unit shall be executed by the Association only. Such execution will not, however, create any liability on the part of the Association or any of its members to any contractor, sub‑contractor or material-man on account of such addition, alteration or improvement or to any Person having any claim for injury to Person or damage to property arising therefrom.
(b) All additions, alterations and improvements to the Units and Common Elements shall not, except pursuant to prior approval by the Executive Board, cause any increase in the premiums of any insurance policies carried by the Association or by the owners of any Units other than those affected by such change.
(c) A Unit Owner or occupant of a Unit may provide for structural changes to the Unit or Common Elements in order to accommodate the needs of handicapped persons as required by the Federal Fair Housing Amendments Act of 1988, provided that plans for such changes have been submitted to the Executive Board for approval as to structural integrity, safety, compliance with building and other codes and consistency with the aesthetic integrity of the Common Interest Community. All exposed elements of such changes will be surfaced, painted and trimmed in a manner consistent with surface materials, paint colors and trim styles of the project. Any escrowed deposits from tenants which might be set aside for restoration of the premises will be sufficient in the judgment of the Executive Board to fully restore the premises to the condition it was in prior to installation of the structural changes, except for such elements which will not functionally change the use of the portions improved, such as hidden structural changes and widened doors. The escrowed funds may be drawn down by the Association to undertake such restoration if the Unit Owner does not do so or cause it to be undertaken after the handicapped person vacates the Unit, and the escrow will be so restricted.
Section 10.5 ‑ Additions, Alterations and Improvements by Executive Board. Subject to the limitations of Sections 6.6, 16.4 and16.5 of this Declaration, the Executive Board may make any additions, alterations or Improvements to the Common Elements which, in its judgment, it desires.
Section 11.1 ‑ Application and Amendment. Subject to approval of any structural changes and required permits pursuant to Article X, the boundaries between adjoining Units may be relocated by an amendment to this Declaration on application to the Association by the owners of the Units affected by the relocation. If the owners of the total adjoining Units have specified a reallocation between their Units of their Allocated Interests, the application shall state the proposed reallocations. Unless the Executive Board determines, within thirty days after receipt of the application, that the reallocations are unreasonable, the Association shall consent to the reallocation and prepare an amendment that identifies the Units involved, states the reallocations and indicates the Association's consent. The amendment shall be executed by those Unit Owners and contain words of conveyance between them, and the approval of all holders of Security Interests in the affected Units shall be endorsed thereon. On recordation, the amendment shall be indexed in the name of the grantor and the grantee, and in the grantee's index in the name of the Association and the Common Interest Community.
Section 11.2 ‑ Recording Amendments. The Association shall prepare and record surveys or plans necessary to show the altered boundaries between adjoining Units, and their dimensions and identifying numbers. The applicants shall pay for all costs and expenses associated with the amendment and its recording.
Section 12.1 ‑ General. Except as otherwise provided elsewhere in this Article XII, the Declaration, including any Survey and Plans, may be amended only by Votes or agreement of Unit Owners of Units to which at least sixty seven percent (67%) of the Votes in the Association are allocated following Notice and Comment.
Section 12.3 ‑ Limitation of Challenges. No action to challenge the validity of an amendment adopted by the Association pursuant to this Article may be brought more than one year after the amendment is recorded.
Section 12.5 - Amendments Relating to Use and Occupancy. By vote or agreement of Unit Owners of Units to which at least seventy-five per cent of the Votes in the Association are allocated, an amendment to the Declaration may prohibit or materially restrict the permitted uses or occupancy of a Unit or the number or other qualifications of Persons who may occupy Units. The amendment must provide reasonable protection for a use or occupancy permitted at the time the amendment was adopted. By a similar Vote, the boundary of the Units and the Surveys and Plans may be amended.
Section 12.6 - Execution of Amendments. Amendments to this Declaration required by the Act to be recorded by the Association, which have been adopted in accordance with this Declaration and the Act, shall be prepared, executed, recorded and certified on behalf of the Association by any officer of the Association designated for that purpose or, in the absence of designation, by the president of the Association.
Amendments to Bylaws Or Rules
Section 13.1 - Amendments to Bylaws. The Bylaws may be amended only by vote of two-thirds of the members of the Executive Board, following Notice and Comment to all Unit Owners, at any meeting duly called for such purpose.
Section 13.2 - Amendments to Rules. The Rules may be amended only by a vote of a majority of the members of the Executive Board following Notice and Comment to all Unit Owners, at any meeting duly called for such purpose.
Section 13.3 - Recordation of Amendments. Every amendment to the Bylaws shall be recorded on the Land Records of the Town of Cheshire and is effective only on recording. An amendment shall be indexed in the grantee's index in the name of the Common Interest Community and the Association and in the grantor's index in the name of the parties executing the amendment.
Section 13.4 ‑ Limitation of Challenges. No action to challenge the validity of an amendment to the Bylaws or Rules adopted by the Executive Board pursuant to this Article may be brought more than one year after the amendment is recorded.
Section 13.5 - Execution of Amendments. Amendments to the Bylaws required to be recorded by the Association, which have been adopted in accordance with this Declaration, shall be prepared, executed, recorded and certified on behalf of the Association by any officer of the Association designated for that purpose or, in the absence of designation, by the president of the Association.
Termination of the Common Interest Community may be accomplished only in accordance with Section 47-237 of the Act.
Section 15.1 ‑ Introduction. This Article establishes certain standards and covenants which are for the benefit of the holders, insurers and guarantors of certain Security Interests. This Article is supplemental to, and not in substitution for, any other provisions of the Documents, but in the case of conflict, this Article shall control.
Section 15.2 ‑ Percentage of Eligible Mortgagees. Wherever in this Declaration the approval or consent of a specified percentage of Eligible Mortgagees is required, it shall mean the approval or consent of Eligible Mortgagees holding Security Interests in Units which in the aggregate have allocated to them such specified percentage of votes in the Association when compared to the total allocated to all Units then subject to Security Interests held by Eligible Mortgagees.
(a) Any condemnation loss or any casualty loss which affects a material portion of the Common Interest Community or any Unit in which there is a first Security Interest held, insured, or guaranteed by such Eligible Mortgagee or Eligible Insurer, as applicable;
(b) Any proposed action which would require the consent of a specified percentage of Eligible Mortgagees as specified in Section 15.4; and
(a) Document Changes. Notwithstanding any lower requirement permitted by this Declaration or the Act, no amendment of any material provision of the Documents by the Association or Unit Owners described in this Subsection 15.4(a) may be effective without the Vote of at least sixty‑seven percent (67%) of the Unit Owners (or any greater Unit Owner Vote required in this Declaration or the Act) and until approved in writing by at least fifty‑one percent (51%) of the Eligible Mortgagees (or any greater Eligible Mortgagee approval required by this Declaration). Material includes, but is not limited to, any provision affecting
(i) Voting rights;
(ii) Responsibility for maintenance and repairs:
(iii) Reallocation of interests in the Common Elements or Limited Common Elements except that when Limited Common Elements are reallocated by agreement between Unit Owners, only those Unit Owners and only the Eligible Mortgagees holding Security Interests in such Units must approve such action;
(iv) Rights to use Common Elements and Limited Common Elements;
(v) Boundaries of Units except that when boundaries of only adjoining Units are involved, or a Unit is being subdivided, then only those Unit Owners and the Eligible Mortgagees holding Security Interests in such Unit or Units must approve such action;
(vi) Convertibility of Units into Common Elements or Common Elements into Units;
(vii) Expansion or contraction of the Common Interest Community, or the addition, annexation or withdrawal of property to or from the Common Interest Community;
(viii) Insurance or fidelity bonds;
(ix) Imposition of restrictions on a Unit Owner's right to sell or transfer his, her or its Unit;
(x) Establishment of self‑management when professional management had been required previously by any Eligible Mortgagee;
(xi) Restoration or repair of the project after a hazard damage or partial condemnation in a manner other than that specified in the Documents;
(xii) Termination of the Common Interest Community after occurrence of substantial destruction or condemnation; and
(xiii) Any provision that expressly benefits mortgage holders, insurers or guarantors.
(b) Actions. Notwithstanding any lower requirement permitted by this Declaration or the Act, the Association may not take any of the following actions without the approval of at least fifty‑one (51%) of the Eligible Mortgagees or such higher percentage as set forth herein:
(i) The conveyance or encumbrance of the Common Elements or any portion thereof, as to which an eighty percent (80%) Eligible Mortgagee approval is required. The granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Elements for the benefit of the Common Interest Community shall not be deemed a conveyance or encumbrance within the meaning of this clause;
(ii) The establishment of self‑management when professional management had been required previously by any Eligible Mortgagee;
(iii) The restoration or repair of the Property after hazard damage or a partial condemnation in a manner other than that specified in the Documents;
(iv) The termination of the Common Interest Community, as to which a sixty‑seven percent (67%) Eligible Mortgagee approval is required;
(v) The alteration of any partition or creation of any aperture between adjoining Units when Unit boundaries are not otherwise being affected, in which case only the owners of Units affected and Eligible Mortgagees of those Units need approve the action;
(vi) The merger of this Common Interest Community with any other common interest community;
(vii) The granting of any easements, leases, licenses and concessions through or over the Common Elements excluding, however, any utility easements serving or to serve the Common Interest Community and excluding any leases, licenses or concessions for no more than one year;
(viii) Any action taken not to repair or replace the Property.
The foregoing consents do not apply to the exercise of any Development Right.
Section 15.6 ‑ Financial Statements. The Association shall provide any Eligible Mortgagee or Eligible Insurer which submits a written request, with a copy of an annual financial statement within one hundred and twenty days following the end of each fiscal year of the Association. Such financial statement shall be audited by an independent certified public accountant if:
(a) the Common Interest Community contains fifty or more Units, in which case the cost of the audit shall be a Common Expense; or
(b) any Eligible Mortgagee or Eligible Insurer requests it, in which case the Eligible Mortgagee or Eligible Insurer shall bear the cost of the audit.
Section 15.7 - Enforcement. The provisions of this Article are for the benefit of Eligible Mortgagees and Eligible Insurers and their successors, and may be enforced by any of them by any available means, at law, or in equity.
Section 16.1 ‑ Apportionment of Common Expenses. Except as provided in Section 16.2, all Common Expenses shall be assessed against all Units in accordance with their percentage interest in the Common Expenses as shown on Schedule A‑2 to this Declaration.
(a) Any Common Expense associated with an Improvement, Maintenance, Repair or Replacement of the Limited Common Elements described in subsection 5.1 (b) and (f), which results from failure of the Unit Owner to provide any required Maintenance, Repair or Replacements thereof.
(b) Any Common Expense for services provided by the Association to an individual Unit at the request of the Unit Owner shall be assessed against the Unit which benefits from such service.
(c) Any insurance premium increase attributable to a particular Unit by virtue of activities in or construction of the Unit shall be assessed against that Unit.
(d) If any Common Expense is caused by the misconduct of a Unit Owner, members of his, her or its household, guests, agents or servants, the Association may, after Notice and Hearing, assess that expense exclusively against his, her or its Unit.
(e) Fees, charges, late charges, fines and interest charged against a Unit Owner pursuant to the Documents and the Act are enforceable as Common Expense assessments against the Unit or Units owned by such Unit Owner.
(f) Portions of the cost of repairing or replacing Units allocated to individual Units under the provisions of Subsection 20.2(b) shall be assessed against the Unit or Units to which they are allocated.
(g) If the Association, or anyone acting at the direction of the Association, incurs any expense for Maintenance, Repair and Replacement of any portion of a Unit, made or performed for the purpose of correcting a condition threatening a Unit or the Common Elements pursuant to Section 6.4 of the Declaration, the Association may assess that expense (including any attorney’s fees, costs and expenses) against the affected Unit Owner of the Unit in which the Maintenance, Repair and Replacement occurred, following Notice and Hearing, only if there was an actual condition threatening that Unit caused, directly or indirectly, by the Unit Owner, his, her or its guest, renter and/or lessee.
(h) All reasonable attorneys' fees and costs incurred by the Association, with or without litigation, in collecting any sums due from a Unit Owner or enforcing any provisions of the Documents against a Unit Owner or any occupant of his, her or its Unit are enforceable against his, her or its Unit as Common Expense assessments.
(i) If any tax is imposed on the Association or upon any goods or services purchased by the Association by virtue of the use or occupancy of some, but less than all, of the Units, including, but not limited to, the use of any Unit for the production of income, such tax shall be paid as a Common Expense and assessed exclusively against the Unit or Units whose use gives rise to the imposition of the tax. The assessment shall be allocated among the Units against which it is assessed in the same proportion as each Unit's share of liability for Common Expenses bears to the liability for Common Expenses of all Units against which the assessment is assessed.
(a) The Association has a statutory lien on a Unit for any assessment levied against that Unit or fines imposed against its Unit Owner from the time the assessment or fine becomes delinquent. Fees, charges, late charges, fines and interest charged pursuant to the Act and the Documents are enforceable as assessments under this Section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due.
(b) A lien under this Section is prior to all other liens and encumbrances on a Unit except: (1) liens and encumbrances recorded before the recordation of this Declaration; (2) a first or second Security Interest in the Unit recorded before the date on which the assessment sought to be enforced became delinquent; and (3) liens for real property taxes and other governmental assessments or charges against the Unit. The lien is also prior to all Security Interests described in Subdivision (2) of this Subsection to the extent of (A) an amount equal to the Common Expense assessments based on the periodic budget adopted by the Association pursuant to Section 16.4 of this Article which would have become due in the absence of acceleration during the six months immediately preceding institution of an action to enforce either the Association's lien or a Security Interest described in Subdivision (2) of this Subsection and (B) the Association’s costs and attorney’s fees in enforcing its lien. A lien for any assessment or fine specified in Subsection (a) of this Section shall have the priority provided for in this subsection in an amount not to exceed the amount specified in subparagraph (A) of this Subsection. This Subsection does not affect the priority of mechanics' or material men's liens, or the priority of liens for other assessments made by the Association.
(c) Recording of this Declaration constitutes record notice and perfection of the lien. No further recordation of any claim of lien for assessment under this Section is required.
(d) A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within two years after the full amount of the assessment becomes due; provided, that if an owner of a Unit subject to a lien under this Section files a petition for relief under the United States Bankruptcy Code, the period of time for instituting proceedings to enforce the Association's lien shall be tolled until thirty days after the automatic stay of proceedings under Section 362 of the Bankruptcy Code is lifted.
(e) This Section does not prohibit actions to recover sums for which Subsection (a) of this Section creates a lien or prohibit the Association from taking a deed in lieu of foreclosure.
(f) A judgment or decree in any action brought under this Section shall include costs and reasonable attorney's fees for the prevailing party.
(g) The Association's lien may be foreclosed in like manner as a mortgage on real property.
(h) In any action by the Association to collect assessments or to foreclose a lien for unpaid assessments, the court may appoint a receiver of the Unit Owner pursuant to Section 52‑204 of the Connecticut General Statutes, without posting bond to collect all sums alleged to be due from that Unit Owner prior to or during the pendency of the action. The court may order the receiver to pay any sums held by the receiver to the Association during the pendency of the action to the extent of the Association's Common Expense assessments based on a periodic budget adopted by the Association pursuant to Section 16.4 of this Declaration.
(i) If a holder of a first or second Security Interest in a Unit forecloses that Security Interest, the purchaser at the foreclosure sale is not liable for any unpaid assessments against that Unit which became due before the sale, other than the assessments which are prior to that Security Interest under Subsection 16.3(b). Any unpaid assessments not satisfied from the proceeds of sale become Common Expenses collectible from all the Unit Owners, including the purchaser.
(j) Any payments received by the Association in the discharge of a Unit Owner's obligation may be applied to the oldest balance due or in such other order as the Executive Board may determine.
(k) The section does not prohibit actions to recover sums for which section 47-258(a) of the Act creates a lien or prohibit the Association from taking a deed in lieu of foreclosure.
(a) Procedures Prior to Adoption. At least two weeks before the Executive Board votes to adopt a budget, the Executive Board or the finance committee, if a finance committee has been charged with responsibility for preparing the proposed budget, shall provide a summary of the proposed budget to all the Unit Owners and shall give them an opportunity for Notice and Comment. Comments shall be made to the Executive Board or finance committee, whichever is preparing the proposed budget. The Executive Board may establish additional procedures for the making and receiving of comments on the budget.
(b) Procedures After Adoption. Within thirty (30) days after adoption of any proposed budget for the Common Interest Community by the Executive Board, the Executive Board shall provide a summary of the budget to all the Unit Owners, and shall set a date for a meeting of the Unit Owners to consider ratification of the budget not less than fourteen (14) nor more than thirty (30) days after mailing of the summary. Unless, at that meeting, the vote to reject the budget is both a majority of the Votes cast and more than thirty percent of all the Votes in the Association, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected, the periodic budget last ratified by the Unit Owners shall be continued until such time as the Unit Owners ratify a subsequent budget proposed by the Executive Board.
Section 16.5 ‑ Ratification of Non-Budgeted Common Expense Assessments. If the Executive Board votes to levy a Common Expense assessment not included in the current budget, other than one enumerated in Section 16.2 of this Declaration, in an amount greater than fifteen (15%) percent of the current annual operating budget, the Executive Board shall submit such Common Expense to the Unit Owners for ratification in the same manner as a budget under Section 16.4.
Section 16.6 ‑ Certificate of Payment of Common Expense Assessments. The Association on written request shall furnish to a Unit Owner for a reasonable fee a statement in recordable form setting forth the amount of unpaid assessments against the Unit. The statement shall be furnished within ten business days after receipt of the request and is binding on the Association, the Executive Board and every Unit Owner.
Section 16.7 - Monthly Payment of Common Expenses. All Common Expenses assessed under Sections 16.2 and 16.3 shall be due and payable monthly unless the resolution adopting the assessment provides for some other schedule of payment.
Section 16.8 - Acceleration of Common Expense Assessments. In the event of default of a period of ten (10) days by any Unit Owner in the payment of any Common Expense assessment levied against his or her Unit, the Executive Board shall have the right, after Notice and Hearing, to declare all unpaid assessments for the pertinent fiscal year to be immediately due and payable.
Section 16.9 ‑ No Waiver of Liability for Common Expenses. No Unit Owner may exempt himself or herself from liability for payment of the Common Expenses by waiver of the use or enjoyment of the Common Elements or by abandonment of the Unit against which the assessments are made.
Section 16.10 ‑ Personal Liability of Unit Owners. The Owner of a Unit at the time a Common Expense assessment or portion thereof is due is personally liable for the assessment. Personal liability for the assessment shall not pass to a successor in title to the Unit unless he, she or it agrees to assume the obligation.
The Association may assign its future income, including its right to receive Common Expense assessments, only by the affirmative vote of Unit Owners of Units to which at least fifty‑one per cent (51%) of the Votes in the Association are allocated, at a meeting called for that purpose.
Section 18.1 - Compliance with Documents. All Unit Owners, tenants, mortgagees and occupants of Units shall comply with the Documents. The acceptance of a deed or the exercise of any incident of ownership or the entering into of a lease or the entering into occupancy of a Unit constitutes agreement that the provisions of the Documents are accepted and ratified by such Unit Owner, tenant, mortgagee or occupant, and all such provisions recorded on the Land Records of the Town of Cheshire are covenants running with the land and shall bind any Persons having at any time any interest or estate in such Unit.
Section 18.2 - Abatement and Enjoinment of Violations by Unit Owners. The violation of any the Rules adopted by the Executive Board, or the breach of any provision of the Documents shall give the Executive Board the right, after Notice and Hearing, except in case of an emergency, in addition to any other rights set forth in the Documents:
(a) to enter the Unit in which, or as to which, such violation or breach exists and to summarily abate and remove, at the expense of the defaulting Unit Owner, any structure, thing or condition (except for additions or alterations of a permanent nature that may exist therein) that is existing and creating a danger to the Common Elements contrary to the intent and meaning of the provisions of the Documents, and the Executive Board shall not thereby be deemed liable for any manner of trespass; or
(b) to enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any such breach.
Section 19.1 ‑ Coverage. To the extent reasonably available, the Executive Board shall obtain and maintain insurance coverage as set forth in Sections 19.2 and 19.3 of this Article. If such insurance is not reasonably available, and the Executive Board determines that any insurance described herein will not be maintained, the Executive Board shall cause notice of that fact to be hand‑delivered or sent prepaid by United States mail to all Unit Owners and Eligible Mortgagees at their respective last known addresses.
(i) The project facilities (which term means all buildings on the Property, including the Units and all fixtures, equipment and any other Improvements and betterments whether part of a Unit or a Common Element, and such personal property of Unit Owners as is normally insured under building coverage), but excluding land, excavations, portions of foundations below the undersurface of the lowest basement floors, underground pilings, piers, pipes, flues and drains and other items normally excluded from property policies; and
(ii) All personal property owned by the Association.
(i) The project facilities for an amount equal to one hundred percent (100%) of their replacement cost at the time the insurance is purchased and at each renewal date.
(ii) Personal property owned by the Association for an amount equal to its replacement cost at the time the insurance is purchased and at each renewal date.
(i) $10,000, adjusted from January 1, 2000 in accordance with the provision of Section 47-213 of the Act; or
(ii) 1% of the replacement cost of the project facilities as defined in Subsection 19.2(a)(i).
(d) Appraisals. The Executive Board is authorized to obtain appraisals periodically for the purpose of establishing said replacement cost of the project facilities as defined in Subsection 19.2(a)(i) and the actual cash value of the personal property, and the cost of such appraisals shall be a Common Expense.
(i) The insurer waives its right to subrogation under the policy against any Unit Owner or member of his, her or its household;
(ii) No act or omission by any Unit Owner, unless acting within the scope of his, her or its authority on behalf of the Association, will void the policy or be a condition to recovery under the policy;
(iii) If, at the time of a loss under the policy, there is other insurance in the name of a Unit Owner covering the same risk covered by the policy, the Association's policy provides primary insurance;
(iv) Loss shall be adjusted with the Association;
(v) Insurance proceeds shall be paid to any insurance trustee designated in the policy for that purpose, and, in the absence of such designation, to the Association, in either case to be held in trust for each Unit Owner and such Unit Owner's mortgagee; and
(vi) The insurer may not cancel or refuse to renew the policy until thirty (30) days after notice of the proposed cancellation or non‑renewal has been mailed to the Association, each Unit Owner and each holder of a Security Interest to whom a certificate or memorandum of insurance has been issued, at their respective last known addresses.
(vii) The name of the insured shall be substantially as follows:
"Currier Woods Association, Inc. for the use and benefit of the individual owners."
Section 19.3 - Liability Insurance. Liability insurance, including medical payments insurance, in an amount determined by the Executive Board but in no event less than $4,000,000, adjusted from January 1, 2000, in accordance with the provisions of section 47-213 of the Act covering all occurrences commonly insured against for death, bodily injury and property damage arising out of or in connection with the use, ownership or maintenance of the Common Elements.
(i) Each Unit Owner is an insured Person under the policy with respect to liability arising out of his, her or its interest in the Common Elements or membership in the Association.
(ii) The insurer waives its rights to subrogation under the policy against any Unit Owner or member of his, her or its household;
(iii) No act or omission by any Unit Owner, unless acting within the scope of his, her or its authority on behalf of the Association, will void the policy or be a condition to recovery under the policy.
(iv) If, at the time of a loss under the policy, there is other insurance in the name of a Unit Owner covering the same risk covered by the policy, the Association's policy provides primary insurance.
(v) The insurer may not cancel or refuse to renew the policy until thirty (30) days after notice of the proposed cancellation or non‑renewal has been mailed to the Association, each Unit Owner and each holder of a Security Interest to whom a certificate or memorandum of insurance has been issued, at their respective last known addresses.
Section 19.4 - Fidelity Bonds. The Association shall carry, or cause to be carried, a blanket fidelity bond for anyone who either handles or is responsible for funds held or administered by the Association, whether or not they receive compensation for their services. The bond shall name the Association as obligee and shall cover the maximum funds that will be in the custody of the Association or the Manager at any time while the bond is in force, and in no event less than the sum of three months' assessments plus reserve funds. The bond shall include a provision that calls for thirty (30) days' written notice to the Association, to each holder of a Security Interest in a Unit and to each servicer that services a FNMA‑owned or FHLMC‑owned mortgage on a Unit before the bond can be cancelled or substantially modified for any reason; except that if cancellation is for non‑payment of premiums, only ten (10) days' notice shall be required.
(b) Notice to Unit Owners. At least once in each calendar year, the Association shall give notice to each Unit Owner of the need to obtain individual coverage for repair costs that may be allocated against his, her or its Unit under the provisions of Subsection 20.2(b). However, the failure of the Association to furnish such notice shall not, in any way, create liability in the Association or prevent it from making the allocations provided for in that Subsection.
Section 19.7 ‑ Directors' and Officers' Liability Insurance. The Executive Board shall obtain and maintain directors' and officers' liability insurance, if available, covering all of the Directors and officers of the Association in such limits as the Executive Board may, from time to time, determine.
Section 20.1 ‑ Duty to Restore. Any portion of the Property for which insurance is required under Section 47-255 of the Act or for which insurance carried by the Association is in effect, whichever is more extensive, which is Damaged or Destroyed shall be repaired or replaced promptly by the Association unless:
(a) The Common Interest Community is terminated;
(b) Repair or replacement would be illegal under any state or local statute or ordinance governing health or safety;
(c) Eighty percent (80%) of the Unit Owners, including every owner of a Unit or assigned Limited Common Element that will not be rebuilt or repaired, Vote not to rebuild.
(a) Except as Provided in Subsection 20.2(b), the cost of repair or replacement in excess of insurance proceeds shall be a Common Expense assessed against all Units under Section 16.1.
(b) The cost of repair or replacement in excess of insurance proceeds resulting from a deductible in the property insurance coverage which does not exceed the limits set out in Subsection 19.2(c) or so much of the deductible that does not exceed that limit, shall be allocated as follows:
(i) If the repair or replacement is entirely to the Common Elements, the excess shall be a Common Expense assessed against all Units under Section 16.1.
(ii) If the repair or replacement is entirely to a single Unit, the excess shall be assessed against the affected Unit only, under Subsection 16.2(f).
(iii) If the repair or replacement is to two or more Units or to one or more Units and the Common Elements, the excess shall be prorated among the affected Unit or Units and Common Elements as the case may be in the same proportion as the total cost of repair or replacement to each of the affected Units and Common Elements bears to the total cost of repair or replacement to all of the affected Units and Common Elements. In calculating this proration, the Association may rely on itemized bills or reports from the contractor or contractors making the repairs or on estimates prepared by an adjuster or construction estimator engaged by the company issuing the property insurance coverage required under Section 19.2 or engaged by the Association. The portion of the excess allocated to an affected Unit under this Subsection 20.2(b)(iii) shall be assessed against the Unit under Section 116.2(f). The portion of the excess allocated to the Common Elements shall be assessed against all Units under Section 16.1.
Section 20.3 ‑ Plans. The Property must be repaired and restored to its condition prior to such Damage or Destruction or other plans and specifications which have been approved by the Executive Board, a majority of Unit Owners and fifty‑one percent (51%) of Eligible Mortgagees.
(a) The insurance proceeds attributable to the damaged Common Elements shall be used to restore the damaged or destroyed area to a condition compatible with the remainder of the Common Interest Community unless other plans and specifications have been approved by the Executive Board and a majority of Unit Owners.
(b) Except to the extent that other persons will be distributees;
(i) The insurance proceeds attributable to Units and Limited Common Elements that are not rebuilt shall be distributed to the owners of those Units and the owners of the Units to which those Limited Common Elements were allocated, or to lien holders, as their interests may appear in proportion to the Common Expense liabilities of all such Units; and
(ii) The remainder of the proceeds shall be distributed to all the Unit Owners or lien holders, as their interests may appear, in proportion to the Common Expense liabilities of all the Units;
(c) If the Unit Owners Vote not to rebuild any Unit, that Unit's Allocated Interests are automatically reallocated on the Vote as if the Unit had been condemned under Subsection 47-206(c) Act, and the Association shall promptly prepare, execute and record an amendment to this Declaration reflecting the reallocations.
Section 20.5 ‑ Insurance Proceeds. The insurance trustee, or if there is no insurance trustee, then the Association, shall hold any insurance proceeds in trust for the Association, Unit Owners and lien holders as their interests may appear. Subject to the provisions of Subsection 20.l(a) through Subsection 20.l(c), the proceeds shall be disbursed first for the repair or restoration of the damaged Property, and the Association, Unit Owners and lien holders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the Property has been completely repaired or restored, or the Common Interest Community is terminated.
(a) Whether or not damaged or destroyed Property is to be repaired or restored;
(b) The amount or amounts to be paid for repairs or restoration and the names and addresses of the parties to whom such amounts are to be paid.
Section 20.7 ‑ Certificates by Attorneys. If payments are to be made to Unit Owners or mortgagees, the Executive Board, and the trustee, if any, shall obtain and may rely on an attorney's certificate of title or a title insurance policy based on a search of the Land Records of the Town of Cheshire from the date of the recording of the original Declaration stating the names of the Unit Owners and the mortgagees. Any expense the Association incurs in obtaining these Certificates not covered by insurance shall be deducted from insurance proceeds prior to distribution.
Rights to Notice and Comment;
Section 21.1 ‑ Right to Notice and Comment. Before the Executive Board amends any Rules, whenever the Documents require that an action be taken after "Notice and Comment," and at any other time the Executive Board determines, the Unit Owners have the right to receive notice of the proposed action and the right to comment orally or in writing. Notice of the proposed action shall be given to each Unit Owner in writing by mail to all Unit Owners at such address as appears in the records of the Association, or published in a newsletter or similar publication which is routinely circulated to all Units. The notice shall be given not less than five (5) days before the proposed action is to be taken. The right to Notice and Comment does not entitle a Unit Owner to immediately “obtain the floor” at a formally constituted meeting.
Section 21.2 ‑ Right to Notice and Hearing. Whenever the Documents require that an action be taken after "Notice and Hearing", the following procedure shall be observed: The party proposing to take the action (e.g., the Executive Board, a committee, an officer, the Manager, etc.) shall give written notice of the proposed action to all Unit Owners or occupants of Units whose interest would be significantly affected by the proposed action. The notice shall include a general statement of the proposed action and the date, time and place of the hearing and sent prepaid by United States mail with or without certification and return receipt. At the hearing, the affected Person shall have the right, personally or by a representative, to give testimony orally, in writing or both (as specified in the notice), subject to reasonable rules of procedure established by the party conducting the meeting to assure a prompt and orderly resolution of the issues. Such evidence shall be considered in making the decision but shall not bind the decision makers. The affected person shall be notified of the decision in the same manner in which notice of the meeting was given.
Section 21.3 ‑ Appeals. Any Person having a right to Notice and Hearing shall have the right to appeal to the Executive Board from a decision of Persons other than the Executive Board by filing a written notice of appeal with the Executive Board within ten (10) days after being notified of the decision. The Executive Board shall conduct a hearing within thirty (30) days, giving the same notice and observing the same procedures as were required for the original meeting and may determine the matter without giving further notice of its action..
Section 22.1 ‑ Minutes of Executive Board Meetings. The Executive Board shall permit any Unit Owner to inspect the minutes of Executive Board meetings during normal business hours. The drafts of the minutes shall be available for inspection within fifteen (15) days after any such meeting.
Section 22.2 ‑ Powers and Duties. The Executive Board may act in all instances on behalf of the Association, except as provided in this Declaration, the Bylaws or the Act. The Executive Board shall have, subject to the limitations contained in this Declaration and the Act, the powers and duties necessary for the administration of the affairs of the Association and of the Common Interest Community which shall include, but not be limited to, the following:
(a) Adopt and amend Bylaws and Rules;
(b) Adopt and amend budgets for revenues, expenditures and reserves;
(c) Collect assessments for Common Expenses from Unit Owners;
(d) Hire and discharge managing agents;
(e) Hire and discharge employees and agents, other than managing agents, and independent contractors;
(f) Institute, defend or intervene in litigation or administrative proceedings in the Association's name on behalf of the Association or two or more Unit Owners on matters affecting the Common Interest Community;
(g) Make contracts and incur liabilities;
(h) Regulate the use, maintenance, repair, replacement and modification of the Common Elements.
(i) Cause additional Improvements to be made as a part of the Common Elements;
(j) Acquire, hold, encumber and convey in the Association's name any right, title or interest to real property or personal property, but Common Elements may be conveyed or subjected to a Security Interest only pursuant to Section 47-254 of the Act;
(k) Grant easements for any period of time including permanent easements, and leases, licenses and concessions for no more than one year, through or over the Common Elements;
(l) Impose and receive payments, fees or charges for the use, rental or operation of the Common Elements, other than Limited Common Elements described in Subsections (2) and (4) of Section 47-221 of the Act, and for services provided to Unit Owners;
(m) Impose charges or interest or both for late payment of assessments and, after Notice and Hearing, levy reasonable fines for violations of this Declaration, and the Bylaws and Rules of the Association
(n) Impose reasonable charges for the preparation and recordation of amendments to this Declaration, resale certificates required by Section 47-270 of the Act or statements of unpaid assessments;
(o) Provide for the indemnification of the Association's officers and Executive Board and maintain Directors' and officers' liability insurance;
(p) Assign the Association's right to future income, including the right to receive Common Expense assessments subject to the provisions of Article XVII;
(q) Exercise any other powers conferred by this Declaration, the Bylaws and the Rules;
(r) Exercise all other powers that may be exercised in this state by legal entities of the same type as the Association;
(s) Exercise any other powers necessary and proper for the governance and operation of the Association;
(t) Require, by regulation, that disputes between the Executive Board and Unit Owners or between two or more Unit Owners regarding the Common Interest Community must be submitted to non-binding alternative dispute resolution in the manner described in the regulation as a prerequisite to commencement of a judicial proceeding; and
(u) By resolution, establish committees of Directors, permanent and standing, to perform any of the above functions under specifically delegated administrative standards, as designated in the resolution establishing the committee. All committees must maintain and publish notice of their actions to Unit Owners and the Executive Board. However, actions taken by a committee may be appealed to the Executive Board by any Unit Owner within forty‑five (45) days of publication of such notice, and such committee action must be ratified, modified or rejected by the Executive Board at its next regular meeting.
Section 22.3 ‑ Executive Board Limitations. The Executive Board may not act on behalf of the Association to amend this Declaration, to terminate the Common Interest Community or to elect members of the Executive Board or determine the qualifications, powers and duties, or terms of office of Executive Board members, but the Executive Board may fill vacancies in its membership until the next meeting at which Directors are elected. Board members may be reimbursed for approved expenditures, but in no event may Executive Board members be compensated for their service on the Executive Board.
Section 22.4 - Access. All meetings of the Executive Board, at which action is to be taken by vote at such meeting shall be open to the Unit Owners, except as provided in Section 22.5 or by law. Nothing in this Section shall permit Unit Owners who are not Directors to participate in the conduct of such meetings. The Executive Board shall provide any Unit Owner who submits a written request with a copy of an annual financial statement within 120 days following the end of each fiscal year of the Association..
(a) No action is taken at the executive session requiring the affirmative vote of Directors; or
(b) The action taken at the executive session involves personnel, planned, pending or threatened litigation, or enforcement actions.
If part or all of the Common Interest Community is taken by any power having the authority of eminent domain, all compensation and damages for and on account of the taking shall be payable in accordance with Section 47-206 of the Act.
The land constituting the Common Interest Community has been designated as a tax district under the provisions of Section 7-324 et seq. of the Connecticut General Statutes. A notice of the creation of the tax district was dated the 9th day of July, 1986 and recorded in the Cheshire land records in Volume 584 at Page 141. Under these laws and its charter, the tax district is empowered to provide certain services to the Common Interest Community and its residents that the Association is also empowered or required to provide under the documents or the Act.
If, at any time, the tax district, or any other entity having similar powers or authority, provide services to the Common Interest Community which services are required or permitted to be provided by the Association under the governing documents or the Act, the Association shall not be required to provide such services.
Section 25.1 - Captions. The captions contained in the Documents are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of the Documents nor the intent of any provision thereof.
Section 25.2 - Number and Gender. The use of the masculine gender refers to the feminine and neuter genders and the use of the singular includes the plural, and vice versa, whenever the context of the Documents so require.
Section 25.3 - Waiver. No provision contained in the Documents is abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur.
Section 25.4 - Invalidity. The invalidity of any provision of the Documents does not impair or affect in any manner the validity, enforceability or effect of the remainder, and in such event, all of the other provisions of the Documents shall continue in full force and effect.
Section 25.5 - Conflict. The Documents are intended to comply with the requirements of the Act and Chapter 600 of the Connecticut General Statutes. In the event of any conflict between the Documents and the provisions of the statutes, the provisions of the statutes shall control. In the event of any conflict between this Declaration and any other Document, this Declaration shall control.