Altamont Patio CondominiumsDeclaration of Condominium |
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| ( Use CTRL-F to search ) DECLARATION OF CONDOMINIUM OF HIGHLAND TERRACE CONDOMINIUM 1. Submission of Property. 2. Name and Address of Condominium. 3. Definitions. 4. Description of Improvements and Identification of Units. ��� 4.1 Description of Improvements. ��� 4.2 Identification of Units. ��� 4.3 Dimensions of Units. ��� 4.4 Items Included in the Private Elements in a Unit. ��� 4.5 Items Excluded from the Private Elements in a Unit. 5. Common Elements Located Inside of Unit Boundaries. 6. Ownership, Composition and Use of the Common Elements. ��� 6.1 Items Included "Within Common Elements." ��� 6.2 Allocation of Percentage Interests. ��� 6.3 Use of Common Elements. ��� 6.4 No Revocation, Abandonment or Partition. ��� 6.5 Suspension and Limitation of Use. 7. Assignment of Par Value and Allocation of Percentage Interest to Each Unit. 8. Unit Owners' Association. ��� 8.1 Name. ��� 8.2 Powers and Duties. ��� 8.3 Members. ��� 8.4 Bylaws. ��� 8.5 Agent to Receive Service of Process. ��� 8.6 Indemnification of Officers and Directors. 9. Operation of the Condominium. ��� 9.1 Determination of Common Expenses and Assessments Against Unit Owners. ��� 9.2 Payment of Common Expenses by Declarant. ��� 9.3 Payment of Common Expenses by Unit Owners. ��� 9.4 Collection of Assessments. ��� 9.5 Statement of Unpaid Assessments. ��� 9.6 Maintenance and Repair. ��� 9.7 Additions, Alterations or Improvements by the Association. ��� 9.8 Structural Additions, Alterations or Improvements By Unit Owners. �� 9.9 Alterations to Plans by Declarant ��� 9.10 Restrictions on Use of Units and Condominium. ��� 9.11 Right of Access. ��� 9.12 Limitation of Liability. 10. Insurance Provisions. ��� 10.1 Insurance Trustee; Shares of Proceeds. ��� 10.2 Distribution of Proceeds. ��� 10.3 Board of Directors as Agent. 11. Condemnation ��� 11.1 Entire Property. ��� 11.2 Partial Taking. ��� 11.3 Priority. 12. Reconstruction or Repair After Casualty. ��� 12.1 Vote. ��� 12.2 Responsibility. ��� 12.3 Estimates of Costs. ��� 12.4 Assessments. ��� 12.5 Construction Funds. 13. Proportionate Changes in Common, Expenses and Common Surplus. 14. Easements for Encroachments. 15. Easement of Support. 16. Easement to Facilitate Sale. 17. Easement to Use Parking Facilities. 18. Ingress and Egress Easement. 19. Utility Easements. 20. Easement as Appurtenances. 21. Amendment ��� 21.1 Amendments by Declarant. ��� 21.2 Amendments by Unit Owners. ��� 21.3 Amendment to be in Conformity With Requirements of Act. 22. Relocation of Mutual Boundaries. 23. Consent of First Mortgagees. 24. Rights of First Mortgagees. ��� 24.1 Priority of First Mortgagees. ��� 24.2 Notification to First Mortgagees. ��� 24.3 Priority. 25. Professional Management. 26. Termination. 27. Rights and Powers of Successor and Assignees. 28. Captions. 29. Gender; Number. 30. Exhibits. 31. Invalidity and Severability. 32. Noncompliance. 33. Signatures 34. Par Values
Original Document: stated;
This instrument prepared by: Maurice L. Shevin Sirote, Permutt, Friend, Friedman, Held & Apolinsky, P.A. 2222 Arlington Avenue South Birmingham, Alabama 35255
DECLARATION OF CONDOMINIUM
OF HIGHLAND TERRACE CONDOMINIUM
THIS DECLARATION, made the 29th, day of August, 1980 by THE LYON REALTY COMPANY, a California corporation (hereinafter "Declarant"), for itself, respective successors, grantees, and assigns, pursuant to the Condominium Act of Alabama, Code of Alabama, 1975, �35-8-1, et seg., for the purpose of creating a condominium and establishing certain easements, covenants and restrictions to run with the land. 1. Submission of Property.
The Property is shown on the Condominium Plat and Plans which identify the Common Elements and the Private Elements. The Plat and Plans, dated March, 1980, consisting of 11 sheets, have been drawn by John C. Gustin, III, and bear his certification that said Plat and Plans accurately depict the improvements as built. The Condominium Plat and Plans are an integral part of this Declaration and are filed as a part of this Declaration in the Office of the Judge of Probate of Jefferson County, Alabama. 2. Name and Address of Condominium.
3. Definitions.
3.1 "Act" or "Condominium Act" means the Condominium Act of Alabama, Code of Alabama, 1975, �35-8-1, et seg. 3.2 "Architect's Plans" means those architectural renderings prepared by Kidd & Wheeler, Architects, dated February 10, 1975, Commission No. 7414, consisting of 20 sheets. 3.3 "Articles of Incorporation" means Articles of Incorporation of the Highland Terrace Condominium Association, Inc., recorded in the Office of the Judge of Probate, Jefferson County, Alabama. 3.4 "Assessment" means a proportionate share of the funds required for the payment of the Common Expenses which from time to time may be levied against each Unit Owner by the Board of Directors of the Association. 3.5 "Association" or "Unit Owners Association" means all of the Unit Owners acting as a group in accordance with Section 8, the Articles of Incorporation and the Bylaws. 3.6 "Building" means any of the buildings of the Condominium. 3.7 "Bylaws" means the set of by?laws recorded simultaneously with this Declaration, providing for the self?government of the Condominium by the association in accordance with �35?8?10 of the Condominium Act, and such amendments thereto as may be recorded from time to time pursuant to the provisions of the Condominium Act. 3.8 "Common Elements" means the parts of the Condominium Property in which all of the Unit Owners have an undivided interest as set forth and defined in Section 6 of this Declaration and the Plans. 3.9 "Common Expenses" includes those as defined by the Act, and include all lawful expenditures made or incurred by or on behalf of the Association, together with all lawful assessments for the creation and maintenance of reserves made pursuant to the provisions of the Condominium Instruments. 3.10 "Common Surplus" means all income collected or accrued by or on behalf of the Association. 3.11 "Condominium" means the Property and all incidents thereto or interests therein which is more particularly described in Section 1 and which is being submitted to the provisions of the Condominium Act by the recording of this Declaration and the other Condominium Instruments. 3.12 "Condominium Instruments" means this Declaration, the Articles of Incorporation, the Bylaws, the Condominium Plat and the Condominium Plans, and any and all exhibits, schedules or certificates thereto, and all amendments thereto which are recorded pursuant to the provisions of the Condominium Act. 3.13 "Condominium Plans" or "Plans" means the plans of the Building showing each Unit, and any amendments thereto. 3.14 "Condominium Plat" or "Plat" means one or more plats of survey of the Condominium, and any amendments thereto. 3.15 "Condominium Property" or "Property" means all property covered by the Declaration, and includes the Land and all improvements now existing or hereafter placed thereon, all easements, rights, interests and appurtenances thereto, and all personal property now or hereafter used in connection therewith. 3.16 "Declarant" means The Lyon Realty Company, a California corporation. 3.17 "Declaration" means this instrument and such amendments thereto as may be recorded from time to time. 3.18 "First Mortgagee" means the holder of any first mortgage or the beneficiary under any first deed of trust encumbering a Unit. The term "mortgage" is deemed to include the terra "deed of trust". 3.19 "Identifying Number" means one or more letters or numbers or both, that identifies only one Unit in the Condominium. 3.20 "Land" means the real property described in Exhibit A to this Declaration, exclusive of the Building, but including all easements and rights appurtenant thereto. 3.21 "Managing Agent" means the agent identified in Section 4.2 of the Bylaws. 3.22 "Member" means a member of the Association, membership in which is confined to persons holding fee ownership in a Unit. 3.23 "Par Value" means the number of points assigned to each Unit by this Declaration, as set forth in Exhibit B to this Declaration. 3.24 "Percentage Interest" means the undivided interest (stated as a percentage) of each Unit in the Common Elements, as set forth in Exhibit B to this Declaration. 3.25 "Person" means a natural person, corporation, partnership, association, trust or other entity capable of holding title to real property, or any combination of any of the foregoing. 3.26 "Private Elements" means a part or parts of the Condominium Property intended for the exclusive ownership and possession by a Unit Owner. 3.27 "Rules and Regulations" means those rules and regulations adopted from time to time by the Board of Directors that are deemed necessary for the enjoyment of the Condominium, provided they are not in conflict with the Condominium Act or the Condominium Instruments. 3.28 "Unit" means the Private Elements of the Condominium Property together with the undivided interest in the Common Elements and Limited Common Elements if any, which are assigned thereto in this Declaration, together with the interests, easements and other rights appurtenant to a Unit as provided for under Section 35?8?5 of the Act. 3.29 "Unit Owner" or "Owner" means the owner of record title to a fee interest in a Unit, and shall include the Declarant so long as Declarant is the Owner of any Unit unless otherwise herein specified. 3.30 "Utility Services" as described in the Declaration and Bylaws, shall include, but not be limited to electric power, gas, hot and cold water, heating, refrigeration, air conditioning, garbage and sewage disposal. 4. Description of Improvements
and Identification of Units.
4.2 Identification of Units.
4.3 Dimensions of Units.
Horizontal Boundaries: The upper and lower boundaries of each Unit shall be the following boundaries extended to an intersection with the perimetrical boundaries: (a) The upper boundaries shall be the lower unfinished surface of the ceiling. (b) The lower boundaries shall be the plane of the upper surface of the structural slab, concrete deck or other sub?flooring material which serves as the Unit's floor, excluding any floor covering such as carpeting or vinyl, asbestos or ceramic tile. Lateral or Perimetrical Boundaries: the parametrical boundary of each Unit shall be the vertical planes of the exterior surfaces of exterior windows, glass doors and entry doors, and the unfinished interior surface of the exterior walls, extended to their planar intersections with each other and with the upper and lower horizontal boundaries. 4.4 Items Included in the
Private Elements in a Unit.
4.5 Items Excluded from the
Private Elements in a Unit.
5. Common Elements Located
Inside of Unit Boundaries.
6. Ownership, Composition
and Use of the Common Elements.
(a) The Land described in Exhibit "A". (b) The foundations and footings, exterior walls, screen walls, roofs, girders, beams, supports, stairs and stairways, porches, or landings, entry walks and entry porches of any Building. (c) The pool, yard, streets, walkways, parking areas, recreational areas and landscaping. (d) The mechanical systems and installations providing service to any Building, or to any Unit, such as electrical power, gas, lights, hot and cold water, heating and air conditioning, sanitary and storm sewer facilities, and including all lines, pipes, ducts, flues, chutes, conduits, cables, wires and other apparatus and installations in connection therewith. (e) All maintenance, laundry and storage facilities, water storage tanks, pumps, outdoor lighting and the like. (f) All easements, rights or appurtenances affecting or relating to the use of the Condominium Property unless specifically included in any Unit. (g) All attics. 6.2 Allocation of Percentage
Interests.
6.3 Use of Common Elements.
6.4 No Revocation, Abandonment
or Partition.
6.5 Suspension and Limitation
of Use.
7. Assignment of Par Value
and Allocation of Percentage Interest to Each Unit.
8. Unit Owners' Association.
8.1 Name.
8.2 Powers and Duties.
8.3 Members.
(b) Change of Membership. Change of Membership in the association shall be established by recording in the public records of Jefferson County, Alabama, of the deed or other instrument establishing a record title to a Unit of the Condominium, and the delivery to the Association of a certified copy of such instrument, the owner designated by such instrument thereby becoming a Member of the Association. Membership of the prior owner shall be thereby terminated. All present and future owners, tenants and occupants of the Unit shall be subject to, and shall comply with the provisions of this Declaration, the Bylaws and all Rules and Regulations, as may be amended from time to time. (c) Voting Rights. The vote for a Unit shall be cast by the Unit Owner thereof or the duly authorized proxy of the Unit Owner or the Unit Owner's certified voting representative in the manner provided by the Bylaws. Each Unit Owner is entitled to vote the Par Value of each Unit owned by him. 8.4 By-laws.
8.5 Agent to Receive Service
of Process.
8.6 Indemnification of Officers
and Directors.
9. Operation of the Condominium.
(b) Annual Budget. On or before a date which is not less than 15 days prior to the end of each fiscal year, the Board of Directors shall adopt an annual budget for the Condominium for the succeeding fiscal year (hereinafter called the "annual Budget"). The Annual Budget shall contain an estimate of the amount necessary to pay the Common Expenses for the applicable fiscal year in a reasonably itemized form and a statement of the amount of the Common Expenses payable by each Unit Owner. Common Expenses shall include the amounts necessary to create and maintain the reasonable reserves authorized by Section 9.1(d). The Board of Directors shall send to each Unit Owner at least 10 days prior to the commencement of each fiscal year a copy of the Annual Budget for the fiscal year. (c) Assessment and Payment To Common Expenses. The total amount of the estimated funds required to pay the Common Expenses of� the Condominium set forth in the Annual Budget adopted by the Board of Directors for the fiscal year shall be assessed against each Unit in proportion to the Par Value of the Unit Assessment for the Common Expenses shall be a lien against such Unit as of the first day of the fiscal year to which such Annual Budget applies. A Unit Owner shall be personally liable for all lawful assessments, or installments thereof, levied against his Condominium Unit which become due while he is the owner of a Unit; and this liability of the Unit Owner is in addition to the lien for assessments in favor of the Association on the Condominium Unit created by the Act. On or before the first day of each fiscal year, and on the first day of each of the succeeding 11 months in such fiscal year, each Unit Owner shall be obligated to pay to the Board of Directors or the Managing Agent (as determined by the Board of Directors), or, in appropriate cases, the First Mortgagee, one?twelfth of the assessment for such fiscal year. Within 60 days after the end of each fiscal year, the Board of Directors shall send to each Unit Owner an itemized accounting of the Common Expenses actually incurred for such fiscal year, together with an itemized statement of the amounts collected pursuant to the assessment adopted by the Board of Directors for such fiscal year, any delinquencies in payment of assessments, the amount of any surplus or deficit and the amount of the reserves. Common Surplus in excess of Common Expenses (including reserves) as of the end of a fiscal?year shall be returned to the Unit Owners or credited to the assessments due under the Manual Budget for the next succeeding fiscal year, as may be determined by the Board of Directors, in proportion to the Par Value of their respective Units. (d) Reserve Fund for Capital Improvements, Replacements and Major Repairs. The Board of Directors shall establish and maintain a reasonable fund for capital improvements, replacement and major repairs by providing for a reserve fund in the Annual Budget, segregating such reserve fund on the books of the Condominium, and allocating and paying monthly to such reserve fund for the current fiscal year. The portion of the Unit?Owners' assessments paid into such reserve fund shall be conclusively deemed to be contributions to the capital of the Condominium by the Unit Owners. Such reserve fund may be expended for the purposes of capital improvements, replacements and major repairs as determined by the Board. If for any reason, including nonpayment of any Unit Owner's assessment, such reserve fund is inadequate to defray the cost of a required capital improvement, replacement or major repair, the Board of Directors may at any time levy an additional assessment against the Unit Owners in proportion to the respective Par Value of their Units, payable into such reserve fund in a lump sum or in installments as the Board of Directors may determine. The Board of Directors shall give notice of any such further assessment on the Unit Owners by a statement in writing giving the amount and reasons therefore, and such additional assessments shall become due and payable, unless otherwise specified in the notice, with the next monthly assessment payment which is due more than 10 days after the delivery or mailing of such notice of additional assessment. All Unit Owners shall be obligated to pay the adjusted monthly amount or, if the additional assessment is not payable in installments, the amount of such assessment. The proportionate interest of any Unit Owner in any reserve fund shall be considered an appurtenance of his Unit and shall not be separately withdrawn, assigned or transferred or otherwise separated from the Unit to which it is appurtenant, and shall be deemed to be transferred with such Unit. (e) Special Assessments. In addition to the assessments authorized above, the Board of Directors may levy a special assessment for the purpose of defraying the cost of any unexpected repair or other nonrecurring contingency, or to meet any deficiencies occurring from time to time. The fund resulting from such special assessment shall be segregated on the books of the Condominium and expended solely for the purposes for which it was assessed. Any such special assessments shall be assessed in the manner set forth in Paragraph (d) of this Section 9.1 with respect to additional assessments payable to the reserve fund for capital improvements, replacements and major repairs. Notwithstanding the foregoing, the Board of Directors may not levy a special assessment for any purpose other than to defray the cost of unexpected repairs, without first receiving the approval of the owners of eighty percent (80%) of the Par Value of the Units. (f) Initial Budget. When the first Board of Directors takes office, it shall determine the Annual Budget, as defined in this section, for the period commencing upon the sale of the first Unit by the Declarant and ending on the last day of the fiscal year in which their election occurs. Assessments shall be levied against the Unit Owners during such period in accordance with Paragraph (c) of this Section. (g) Effect of Failure to Prepare or Adopt Annual Budget. The failure or delay of the Board of Directors to adopt the annual Budget for any fiscal year shall not constitute a waiver or release in any manner of a Unit Owner's obligation to pay his allocable share of the Common Expenses as herein provided, whenever the same shall be determined, and in the absence of an Annual Budget or adjusted Annual Budget, each Unit Owner shall continue to pay a monthly assessment at the rate established for the preceding fiscal year until a monthly assessment is adopted under such new Annual Budget or adjusted Annual Budget and notice thereof has been sent to the Unit Owners. (h) Liability of Unit Owners. It is intended that the liability of any Unit Owner arising out of any contract made by the Board of Directors or arising out of the indemnification of the Board of Directors shall be limited to such proportion of the total liability thereunder as the Par Value of his Unit bears to the aggregate Par Values of all Units. Every agreement made by the Board of Directors or by the Managing Agent on behalf of the Unit Owners shall provide, to the extent possible, that the members of the Board of Directors or the Managing Agent, as the case may be, are acting only as agents for the Unit Owners; and that the Unit Owner's personal liability thereunder shall be limited as described in this paragraph. (i) Accounts. All amounts collected by the Board of Directors with respect to assessments against the Unit Owners may be commingled in a single fund, but shall be held for each Unit Owner in accordance with the Par Value of his Unit. 9.2 Payment of Common Expenses
by Declarant.
9.3 Payment of Common Expenses
by Unit Owners.
9.4 Collection of Assessments.
9.5 Statement of Unpaid Assessments.
(b) The Board of Directors may impose a reasonable fee not to exceed $30 for each such statement requested and payment thereof shall be a prerequisite to the issuance of a statement. 9.6 Maintenance and Repair.
��� (1) The Common Elements, whether located inside or outside of the Units, including without limitation, all portions of the Units which contribute to the support of the Building, excluding, however, the surfaces of all walls, floors, ceilings, entrance doors and windows of a Unit. ��� (2) Incidental damage caused to a Unit by such work done by the association. This Section 9.6(a) shall not relieve a Unit Owner of liability for damage to the Common Elements caused by the Unit Owner. (b) By the Unit Owner. Except for the portions of the Common Elements required to be maintained, repaired or replaced by the Association, each Unit Owner's responsibility shall include but not be limited to the maintenance, repair and replacement, at his own expense, of the following: any interior walls; interior surface of ceilings, walls and floor; door locks and hardware; entrance doors; windows; lighting fixtures; appliances and equipment; kitchen and bathroom fixtures; and water and sewage pipes located within the boundaries of the Unit and serving only that Unit. Each Unit Owner shall keep the interior of his Unit and its equipment and appurtenances in good order, condition and repair and in a clean and sanitary condition, and shall do all redecorating, painting and varnishing which may at any time be necessary to maintain the good appearance and condition of the Unit. In addition, each Unit Owner shall be responsible for all damage to any and all other Units or to the Common Elements resulting from his making or failure to make any of the repairs required to be made by him by this Section. Each Unit Owner shall perform his responsibility in such manner as shall not unreasonably disturb or interfere with the other Unit Owners. Each Unit Owner shall promptly report to the Board of Directors or the Managing Agent any defects or need for repairs for which the Board of Directors is responsible. (c) Manner of Repair and Replacement. All repairs and replacements shall be of first class quality and as nearly is practicable similar to the character of the construction or installation that existed immediately prior to the occasion that necessitated the repairs or replacements. Repairs and replacements may be done with contemporary building materials and equipment. (d) Public Areas. Anything contained in this Section to the contrary notwithstanding, the public areas of the Condominium and those areas exposed to public view (including portions of Units) shall be kept in good appearance by the Association or Unit Owners who are required to maintain same, as the case may be, and shall be maintained in a first?class condition, in conformity with the dignity and character of the Condominium, in manner which does not adversely alter the value of the Condominium, and in conformity with the Rules and Regulations concerning the maintenance of Public Areas, and as determined by the Board of Directors. 9.7 Additions, Alterations
or Improvements by the Association.
making of such additions, alterations or improvements shall have been approved by a majority of the votes in the Association, the Board of Directors shall proceed with such additions, alterations or improvements and shall assess all Unit Owners for the cost thereof as a Common Expense. Any additions, alterations or improvements costing less than $4,000 during any period of 12 consecutive months may be made by the Board of Directors without approval of the Unit Owners and the cost thereof shall constitute part of the Common Expenses. Notwithstanding the foregoing, if, in the opinion of not less than 80% of the members of the Board of Directors, such additions, alterations or improvements are exclusively or substantially exclusively for the benefit of the Unit Owner or Unit Owners requesting the same, such requesting Unit Owner or Unit Owners shall be assessed therefore, in such proportion as they jointly approve, if more than one Unit Owner, or, if they are unable to agree thereon, in such proportions as determined by the Board of Directors. 9.8 Structural Additions,
Alterations or Improvements By Unit Owners.
(b) Notwithstanding any language to the contrary in this Section, a Unit Owner who owns adjoining Units may alter said Units and the common elements separating said Units in order to provide access from one adjoining Unit to the other. Any such alterations shall be subject to reasonable rules and regulations as the Association may adopt with respect thereto, and said Unit Owner shall be responsible for obtaining such building permits and municipal approval as is required by law prior to beginning said alterations. Said Unit Owner shall also bear at his expense the cost of preparing and recording any amendment as may be necessary to the Condominium Instruments to reflect said alteration, which amendment shall be prepared and executed as required by the Act. (c) In the event that a Unit Owner of adjoining Units provides access from one Unit to the other, the Unit Owner must, at his expense, take such measures as are necessary and required by law to eliminate said access prior to the sale of one or both of the adjoining Units. (The Board of Directors may waive this requirement if the Unit Owner sells said adjoining Units to the same purchaser and prior thereto furnishes the Board of Directors with such evidence as it requires that the First Mortgagee and municipal authorities do not require that the access be eliminated.) The Unit Owner shall obtain, at his expense, such building permits or other municipal approval as is required by law prior to performing such work as is necessary to eliminate said access. The Unit Owner shall also be responsible at his cost for preparing any amendment to the Condominium Instruments as may be necessary to reflect the elimination of such access, and the Unit Owner shall, at his cost, record the aforesaid amendment, which shall be prepared and executed as required by the Act. Any work and labor as may be necessary to eliminate said access shall be subject to reasonable rules and regulations as the Association may adopt with respect thereto. (d) Prior to creating or eliminating access between adjoining Units, said Unit Owner must receive the express written approval from any First Mortgagee holding a security interest in either of the adjoining Units. Said written approval by First Mortgagee shall be delivered by the Unit Owner to the Board of Directors of the association. (e) The creation or elimination of access between said Units and such amendment as required to the Condominium Instruments to reflect the same shall not change the Percentage Interest, the liability for Common Expenses, the right to Common Surplus, or the votes is the association pertaining to either of said adjoining Units. Nothing contained herein shall prohibit a Unit Owner, or his lessee, from occupying both adjoining Units for residential purposes. Prior to creating or eliminating access between adjoining Units, said Unit Owner must also receive approval from the Board of Directors, which approval may be withheld if it is determined any work, labor or construction to be performed impairs the structural integrity of the Condominium or further unreasonably impairs the use or enjoyment of another Owner's Unit. (f) The costs of all additions, alterations or improvements made pursuant to this paragraph, and any other costs attendant thereto, shall be borne solely by the Unit Owner. 9.9 Alteration of Plans by
Declarant.
9.10 Restrictions on Use
of Units and Condominium.
(b) All present and future Unit Owners, tenants and occupants of Units and any person who uses any part of the Condominium in any manner, are subject to, and shall comply with, the provisions of the Condominium Instruments and the Rules and Regulations. The acquisition, rental or occupancy of a Unit or the use of any part of the Condominium by any person shall constitute his agreement to be subject to and bound by the provisions of the Condominium Instruments and the Rules and Regulations, and such provisions shall be deemed to be enforceable equitable servitudes and covenants running with the land and shall bind any person having at any time any interest or estate in such Unit, as though such provisions were recited and stipulated in full in each and every deed of conveyance or lease thereof. Failure to comply with any of such provisions shall be grounds for legal and equitable relief, maintainable by the Board of Directors on behalf of the Association or, in a proper case, by an aggrieved Unit Owner. In any such action at law or in equity which is successfully brought by or on behalf of the Association, the Association shall be entitled to recover all reasonable costs and expenses of any such action, including reasonable attorney's fees. (c) The use of the Condominium is subject to the following restrictions: (1) No Unit Owner or other resident of the Condominium shall post any advertisements or posters of any kind is or on the Condominium except as authorized by the Board. This restriction shall not apply to advertisements, signs or posters utilized by the Declarant, or its agents, in selling the Units. (2) All Units shall be used only for private residential purposes, except that a Unit may be used as a professional office if such use is consistent and in compliance with all valid laws, zoning ordinances and regulations of all governmental agencies having jurisdiction. This provision shall not be construed to prevent the Declarant from using any Unit for a model, sales office or display purposes nor to prohibit the leasing of the Units owned by the Declarant, subject to the provisions of the Condominium Instruments. The Declarant in adopting the Condominium Instruments specifically reserves an easement and express right and power to so utilize these Units. No activity shall be conducted or maintained in any Unit or upon any of the Common Elements which is not in conformity with the zoning regulations or other ordinances of the City of Birmingham, Alabama. (3) No clothing, laundry, rugs or wash shall be hung from or spread upon or from any window or exterior portion of a Unit or in or upon any Common Element. All refuse and trash shall be deposited in bias or chutes designated for such purposes and in manner prescribed by Board of Directors or Managing Agent. (4) The maintenance, keeping, breeding, boarding and/or raising of animals, of any kind, shall be regulated by the Rules and Regulations of the Association. Any Unit Owner who keeps or maintains any pet within his/her Unit shall be deemed to have indemnified and agreed to hold the Association, each of its members and the Declarant and Management agent, free and harmless from any loss, claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Condominium. All pets shall be innoculated as required by law. The Board of Directors shall have the right to order any person whose pet is a nuisance, to remove such pet from the premises and the Board of Directors, after affording the right to a hearing to the Unit Owner affected, shall have the exclusive authority to declare any pet a nuisance, and to limit the number of pets per Unit. (5) Unit Owners, residents and lessees shall exercise extreme care to avoid unnecessary noise or the use of musical instruments, radios, televisions and amplifiers that may disturb other Unit Owners. All walking areas and 85% of all wood floor areas in each Unit must be covered by carpet or rugs. (6) No nuisances shall be allowed in the Condominium nor shall any use or practice be allowed which is a source of annoyance to its residents or which interferes with the peaceful possession or proper use of the Condominium by its residents. (7) No Unit Owner, resident or lessee shall install wiring for electrical or telephone installation, television antennae or other equipment, which protrudes through the walls or the roof of the Building except as authorized by the Board of Directors. (8) No Unit or Common Elements of the Condominium may be used for any unlawful, immoral or improper purpose. (9) A Unit Owner shall not place or cause to be placed in the public hallways, walkways, alleyways or other Common Elements any furniture, packages or objects of any kind. The public hallways, walkways and alleyways shall be used for no purpose other than for normal transit through them. Bicycles shall be placed only in designated areas. (10) No Unit Owner, resident or lessee shall direct or engage any employee of the Condominium on any private business of such Unit Owner, resident or lessee, nor shall he direct, supervise or in any manner attempt to assert control over any such employee or over any contractor acting under a contract or agreement with the Association. (11) No activity shall be done or maintained in any Unit or upon any Common Elements which will increase the rate of insurance on any Unit or the Common Elements or result in the cancellation of insurance thereon, unless such activity is first approved in writing by the Board of Directors. (12) In the use of the Units and the Common Elements of the Condominium, Unit Owners shall obey and abide by all valid laws, ordinances and zoning and other governmental regulations affecting the same and all applicable Rules and Regulations adopted by the Board of Directors. (13) The Common Elements shall be used only for the furnishing of the services and facilities for which they are reasonably suited and which are incident to the use and occupancy of the Units. (14) Any lease shall be consistent with the provisions of the Condominium Instruments, as the same may be amended from time to time, and with the Rules and Regulations of the Condominium; and the Board of Directors has the power but not the obligation to terminate such lease or to bring legal proceedings to evict the tenant and enforce the lease in the name of the lessor thereunder add at lessor's expense, in the event of a default by the tenant in the performance of such lease. The restrictions of this paragraph shall not apply to the Declarant or any mortgagee who comes into possession of a Unit pursuant to a foreclosure sale, judicial sale or transfer or conveyance in lieu of foreclosure. 9.11 Right of Access.
9.12 Limitation of Liability.
10. Insurance Provisions.
10.1 Insurance Trustee; Shares
of Proceeds.
(a) Common Elements. Proceeds on account of damage to the Common Elements shall be held as an undivided share for each Unit Owner, such share being the same as his Percentage Interest. (b) Units. Proceeds on account of Units shall be held for the Owners of damaged Units in proportion to the cost of repairing the damage suffered by each Unit Owner, which cost shall be determined by the Association. (c) Mortgages. In the event a mortgagee endorsement has been issued as to a Unit, the share of the Unit Owner shall be held in trust for the mortgagee and the Unit Owner as their interests may appear. 10.2 Distribution of Proceeds.
10.3 Board of Directors as
Agent.
11. Condemnation
11.1 Entire Property.
11.2 Partial Taking.
11.3 Priority.
12. Reconstruction or Repair
After Casualty.
12.2 Responsibility.
12.3 Estimates of Costs.
12.4 Assessments.
12.5 Construction Funds.
(i) Unit Owner. The portion of insurance proceeds representing damage for which the responsibility of reconstruction and repair lies with the Unit Owner shall be paid by the Insurance Trustee to the Unit Owner, or if there is a mortgagee endorsement, then to the Unit Owner and the mortgagee jointly, such funds to be used as required hereunder or by the mortgage. (ii) Association -- Lesser Damage. If the amount of the estimated costs of reconstruction and repair which is the responsibility of the Association is less than the total of the annual Assessments for recurring expense to be made during the year in which the casualty occurs, then the construction fund shall be disbursed in payment of such costs upon the order of the Association; provided, however, that upon request to the Insurance Trustee by a mortgagee which is a beneficiary of an insurance policy the proceeds of which are included in the construction fund, such fund shall be disbursed in the manner hereafter provided for the reconstruction and repair of major damage. (iii) Association -- Major Damage. If the amount of estimated costs of reconstruction and repair which is the responsibility of the Association is more than the total of the annual assessments for recurring expense to be made during the year in which the casualty occurs, then the construction fund shall be disbursed in payment of such costs in the manner required by the Board of Directors of the Association and upon approval of an architect qualified to practice in Alabama and employed by the Association to supervise the work. (iv) Surplus. It shall be presumed that the first moneys disbursed in payment of costs of reconstruction and repair shall be from insurance proceeds; and if there is a balance in a construction fund after payment of all costs of the reconstruction and repair for which the fund is established, such balance shall be distributed to the beneficial owners of the fund as their interests may appear. 13. Proportionate Changes
in Common, Expenses and Common Surplus.
14. Easements for Encroachments.
15. Easement of Support.
16. Easement to Facilitate
Sale.
17. Easement to Use Parking
Facilities.
18. Ingress and Egress Easement.
19. Utility Easements.
20. Easement as Appurtenances.
21. Amendment
21.2 Amendments by Unit Owners.
21.3 Amendment to be in Conformity
With Requirements of Act.
22. Relocation of Mutual
Boundaries.
23. Consent of First Mortgagees.
24. Rights of First Mortgagees.
24.2 Notification to First
Mortgagees.
24.3 Priority.
25. Professional Management.
26. Termination.
27. Rights and Powers of
Successor and Assignees.
28. Captions.
29. Gender; Number.
30. Exhibits.
31. Invalidity and Severability.
33. Signatures
IN WITNESS WHEREOF, the Declarant
has hereunto set its signature and seal by Richard S. Robinson, its Vice
President, who is duly authorized on the day and year first above written.
WITNESS������������������������������������������
THE LYON REALTY COMPANY
_______________________������������� BY: _______________________________ ����������������������������������������������������������� Richard S. Robinson �����������������������������������������������������������
Its Vice President
STATE OF ALABAMA )
JEFFERSON COUNTY���������
)
Before me, the undersigned
authority, in and for said County and said State, personally appeared Richard
S. Robinson, to me well known to be the person described in and who executed
the foregoing Declaration of Condominium as Vice President of The Lyon
Realty Company, a California corporation. He acknowledges before me that
he executed such Declaration of Condominium as Officer of said Corporation,
and that said instrument is the free act and deed of said Corporation.
Witness my hand and official
seal the 29th day of August, 1980.
����������������������������������������������������������������������������������� _________________________ �����������������������������������������������������������������������������������
Notary Public
����������������������������������������������������������������������� My Commissions Expires: 1-25-81. MS/re/jb
The undersigned, the Mortgagees
under Mortgages encumbering the Property as identified in the foregoing
,Declaration of Condominium of Highland Terrace Condominium, join in the
execution of the fore�going Declaration, for the sole purpose of establishing
the validity of the Declaration of Condominium of Highland Terrace Condominium,
as required by Section 35?8?7 of the Alabama Code, 1975. The Under�signed
are not the Declarant, and neither assume any obligation, whatsoever under
the terms, covenants and conditions of the foregoing Declaration of Condominium,
and the execution hereof does not is any way subordinate or make the said
respective mortgages inferior or subject to the said Declaration of Condominium.
FIRST NATIONAL BANK OF BIRMINGHAM
By:� ________________________________
Its:� ________________________________
HUBERT W. GOINGS, JR., CUSTODIAN
___________________________________ STATE OF ALABAMA ) JEFFERSON COUNTY��������� ) I, the undersigned, a Notary
Public in and for the said County, in said State, hereby certify that William
E. Coleman whose name as Vice President of First National Bank of Birmingham,
a national banking association, is signed to the foregoing Declara�tion,
and who is known to me, acknowledged before me on this day that, being
informed of the contents of the Declaration, he, as such officer and with
full authority, executed the same voluntarily for as the act of said First
National Bank of Birmingham.
Given under my hand and official
seal, this the 29th day August, 1980.
Notary Public.
(STATE OF ALABAMA) (JEFFERSON COUNTY)
I, the undersigned, a Notary
Public in and for said County, in said State, hereby certify that Hubert
W. Goings, Jr., whose name is signed to the foregoing Declaration, and
who is known to me, acknowledged before me on this day that, being informed
of the con�tents of the Declaration, he executed the same voluntarily.
Given under my hand and official
seal, this the 29th day of August 1980.
Notary Public.
34. Par Values
EXHIBIT �A�
Lot �A� being a Resurvey
of Lots 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 of
Highland Terrace, as Recorded in Map Book 107, Page 60 in the Probate Office
of Jefferson County, Alabama located in the NW � of the NW �
Section 5, Township 185, Range 2W, Jefferson County, Alabama.
Subject to the rights of
way, easements, liens and restrictions of record.
EXHIBIT B TO DECLARATION
HIGHLAND TERRACE CONDOMINIUM 3350 Altamont Road Birmingham, Alabama 35205
Identifying Number (Unit Number)
(Points)
the Common Elements
A-2 A-4 A-6 A-8 A-10 A-12 A-14 A-16 A-18
1.175 1.492 .904 1.175 1.492 .904 1.175 1.492 .904
1.175% 1.492% .904% 1.175% 1.492% .904% 1.175% 1.492% .904%
B-1 B-3 B-5 B-7 B-9 B-11 B-13 B-15 B-17
1.175 1.492 .904 1.175 1.492 .904 1.175 1.492 .904
1.175% 1.492% .904% 1.175% 1.492% .904% 1.175% 1.492% .904%
B-2 B-4 B-6 B-8 B-10 B-12
1.175 1.492 .904 1.175 1.492 .904
1.175% 1.492% .904% 1.175% 1.492% .904%
C-1 C-3 C-5 C-7 C-9 C-11
1.175 1.492 .904 1.175 1.492 .904
1.175% 1.492% .904% 1.175% 1.492% .904%
C-2 C-4 C-6 C-8 C-10 C-12
1.175 1.492 .904 1.175 1.492 .904
1.175% 1.492% .904% 1.175% 1.492% .904%
C-14 C-16 C-18 C-20 C-22 C-24
1.175 1.492 .904 1.175 1.492 .904
1.175% 1.492% .904% 1.175% 1.492% .904%
D-1 D-3 D-5 D-7 D-9 D-11
1.175 1.492 .904 1.175 1.492 .904
1.175% 1.492% .904% 1.175% 1.492% .904%
D-2 D-4 D-6 D-8 D-10 D-12
1.175 1.492 .904 1.175 1.492 .904
1.175% 1.492% .904% 1.175% 1.492% .904%
D-13 D-15 D-17 D-19 D-21 D-23
1.175 1.492 .904 1.175 1.492 .904
1.175% 1.492% .904% 1.175% 1.492% .904%
D-14 D-16 D-18 D-20 D-22 D-24
1.175 1.492 .904 1.175 1.492 .904
1.175% 1.492% .904% 1.175% 1.492% .904%
E-3 E-5 E-7 E-9 E-11
1.175 1.492 .904 1.175 1.492 .904
1.175% 1.492% .904% 1.175% 1.492% .904%
E-2 E-4 E-6
1.175 1.492 .904
1.175% 1.492% .904%
E-13 E-15 E-17 E-19 E-21 E-23
1.175 1.492 .904 1.175 1.492 .904
1.175% 1.492% .904% 1.175% 1.492% .904%
F-1 F-3 F-5
1.175 1.492 .904
1.175% 1.492% .904%
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