EVfiit 


Prepared 
by: 
W 
Christine 
F. 
Li, 
Esq. 


IUQEOIUD 
ADD) 
REEIHUN 
END: 


GREENBADM, 
ROWE, 
SMITH 
& 
DKVIS, 
LL? 
Attention: 
Christine 
1?
. 
Li, 
Esq. 
' 
9.0. 
Box 
5600 
Woodbridge, 
New 
Jersey 
07095 


RECORD/1NDRETURN 
TO: 


TITLEAMERICAAGENCYCORP. 


573610.04 
()
( 


\ 


Book12355 
CFN#2006057025 
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Emergency 
Common 
Expense 
Assessment 
....................
. 
Entire 
Tract...........................................
. 
Fair 
HousingAct.................,......................
. 
55 
or 
Over 
Housing.........................;...........
. 
First 
Mortgage.........................................
. 
Future 
Phases 
..........................................
. 
Governing 
Documents..............................
. 
.....
. 
Home...................................................
. 
Institutional 
Lender...................................
. 
Lease 
..................................................10 
Limited 
Common 
Expenses 
................................10 
Lot 
....................................................10 
Mmer 
...............-.................................10 
Memberin 
Good 
Standing................................10 
Miscellaneous 
Assessments 
..............................11 
Mortgage 
...............................................11 
Mortgage 
Holder........................................11 
Owner..................................................11 
PermittedMortgage.....................................11 
Permitted 
Resident 
.....................................12 
Property...............................................12 
Remedial 
Common 
Expense 
Assessment 
.....................12 
Rules 
andRegulations..................................12 
Section................................................13 
Special 
Common 
Expense 
Assessments 
.....................13 


-i


wwmmwwwwmwmmp

Hommmpwmpo

...-...

HHPPHHHHHHHHPH 


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ARTKHJEHGENERAL 
DESCRIPTION 
OF 
THE 
ENTIRE 
TRACT....................13 


2.01. 
TheEntireTract..........................
. 
............13 
2.02. 
Procedure 
For 
Making 
Additional 
Phases 
and 
Homes 
SubjectToTheDeclaration.......................................
. 
14 
AIUHCLEIHPROPERTY 
SUBJECT 
TO 
THIS 
DECLARATION 
.....

.................14 


3.01. 
The 
Community.........................................
. 
3.02. 
Submission 
of 
Other 
Improvements 
..............
.........15 


AEUHCLEIVDESCRIPTION 
0F 
HOMES 
AND 
RESPONSIBILITIES 
OF 
OWNERS 
.........................
. 


........16

....
. 


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7.05. 
Municipal 
Easements....................................34 


7.06. 
UtilityEasements......................................35 


7.07. 
EasementsofRecord....................................35 


. 
...35

ARTICLEVTHADMINIS'I‘RATION 
AND 
POWERS 
OF 
ATTORNEY 
. 
. 
. 
. 
...........
. 


8.01. 
Administration.........................................35 


8.02. 
Developer's 
Power 
of 
Attorney 
..........................36 


...................

8.03. 
Association's 
Power 
of 
Attorney 
....
. 
41 


8.04. 
EligibleMortgageHolder’sPowerofAttorney...........42 


ARJICLEIXRESTRICTIONS 
..-..................
. 


9.01. 
GeneralCovenantsandRestrictions.....................43 


9.02. 
Restrictions 
on 
Leasing 
..........
. 


9.03. 
RestrictionsonAlterationS'...........................
. 


9.04. 
Age 
Restrictions 
.......................................56 


9.05. 
Rules 
and 
Regulations 
and 
Fines 
..................
. 


ARIWCUEXPROTECTIVE 
PROVISIONS 
FOR 
THE 
BENEFIT 
OF 
ELIGIBLE 
MORTGAGEHOLDERS 
.........
. 
..............
. 
.....51 


10.01. 
General.........
. 
........
. 
...............61

lined-Incl..
. 


10.02. 
Notice 
to 
Eligible 
Mortgage 
Holders 
....................62 
10.03. 
Notice.................................................62 


10.04. 
Prior 
written 
Approval 
of 
51% 
of 
Eligible 
Mortgage 
Holders 
...................................................63 


10.05. 
Prior 
written 
Approval 
of 
67% 
of 
Eligible 
Mortgage 
Holders 
...................................................65 


10.06. 
Notice 
of 
Non—material 
Amendment 
.......................65 


10.07. 
Common 
Expense 
Lien 
Subordinate 
........................65 


10.08. 
maintenance 
and 
Inspection 
of 
Records'..................65 


10.09. 
NoticeofMeetings.....................................66 


10.10. 
LiabilityforCommonExpenseAssessments...............66 


10.11. 
ManagementAgreements..................................66 


10.12. 
CommonExpenseDefault...........................-.....67 


ARTICLEXIDEVELOPER’S 
RIGHTS 
AND 
OBLIGATIONS 
......................
. 
. 
57 


11.01. 
Ratification, 
Confirmation 
and 
Approval 
of 
Agreements 
....................................................67 


11.02. 
RightsReservedtoDeveloper...........................68 


11.03. 
Transfer 
of 
Special 
Developer's 
Rights 
.................68 


11.04. 
Liability 
of 
Transferor 
...............................
. 
69 


11.05. 
TransferofRightsRequested...........................70 


11.06. 
Right 
to 
Incorporate 
Additional 
Sections 
and 
Homes 
Into 
Community.................'..............................70 


11.07. 
Foreclosure. 
Bankruptcy, 
Receivership..................72 


11.08. 
LiabilityofSuccessors................................72 


11.09. 
Ineffectiveness 
........................................74 


ARTICLEXHGENERAL 
PROVISIONS............
. 
. 
.’....................
. 
. 
. 
. 
.74 


12.01. 
Duration...............................................74 


12.02. 
AmendmentofDeclaration....
. 
..........................75 


12.03. 
Enforcement........................
. 
...................76 


-iii



12.04. 
maintenance 
by 
Municipality 
............................77 
12.05. 


validity 
...............................................78 
waiver 
.....................................
. 
Gender 
and 
Number......................................78 


12.08. 


Rule 
Against 
Perpetuities 
..........
. 
...................78 
Notice-Association...................................78 


12.10. 


Conflict 
...............................................79 
Exhibits...............................................79 


..iv. 


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EXHIBIT 
A 
— 


EXHIBIT 
A~
l 
EXHIBIT 
B 
EXHIBIT 
B~
l 
EXHIBIT 
C 


EXHIBIT 
D 


EXHIBIT 
E 


I 


LIST 
OF 
EXHIBITS 


Legal 
(Metes 
and 
Bounds) 
Description 
of 


The 
Village 
Grande 
at 
English 
Mill 


Legal 
(Mates 
and 
Bounds) 
Description 
of 
Phase 
I 


Subdivision 
Plat 
for 
The 
Village 
Grands 
at 
English 
Mill 


Phase 
I 
Plan 


Certificate 
of 
Incorporation 
of 
The 
Village 
Grande 
at 
English 
Mill 
Homeowners 
Association. 
Inc. 


By—Laws 
of 
The 
Village 
Grands 
at 
English 
Mill 
Homeowners 
Association, 
Inc. 


Housing 
for 
Older 
Persons 
Act 
of 
1995 
ComplianceAffidavit 


_v


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three 
hundred 
ninety—seven 
(397) 
residential 
lots 
(collectively, 


the 
“Homes”
) 
and 
certain 
Common 
Property, 
to 
be 
known 
as 
The 
Village 
Grande 
at 
English 
Mill 
(hereinafter 
the 
“Community"
) 
and 
as 
hereinafter 
defined; 
and 
WHEREAS, 
in 
order 
to 
establish 
and 
preserve 
the 


character 
of 
The 
Village 
Grands 
at 
English 
Mill 
as 
a 
high 
quality 
adult 
community, 
the 
Developer 
is 
desirous 
of 
imposing 
a 
general 
scheme 
of 
restrictions 
covering 
said 
'lands 
and 
premises 
of 
the 
Community 
for 
the 
protection 
and 
benefiit 
of 
the 
Developer, 
its 
successors 
and 
assigns, 
the 
Community, 
and 
each 
and 
every 
owner 
of 
any 
and 
all 
portions 
thereof: 


WHEREAS, 
the 
Developer 
proposes 
to 
develop 
the 
Property 
in 
two 
(2) 
phases 
(hereinafter 
“Phases")
; 


WHEREAS, 
the 
first 
Phase 
(“Phase 
I"
) 
is 
intended 
to 
include 
or 
will 
include 
a 
total 
of 
two 
hundred 
fifty-three 
(253) 
Homes 
situated. 
with 
Phase 
I 
of 
the 
Community, 
together 
with 
certain 
parking 
areas, 
driveways, 
walkways, 
clubhouse, 
two 
(2) 
swimming 
pools, 
two 
(2) 
tennis 
courts, 
a 
bocci 
court, 
an 
artificial 
putting 
green, 
circuit 
training 
path 
and 
other 
improvements 
more 
particularly 
described 
on, 
Exhibit 
“A-1" 
and 
shown 
on 
the 
a 
plan 
entitled 
“Exhibit 
Plan 
for 
Phase 
I, 
Village 


Block 
3302, 
Lots 
10, 
92-94, 
96—101, 
Block 
4001 
Lots 
2, 
3, 
8: 
6, 
Egg 
Harbor 
Township, 
Atlantic 
County 
New 
Jersey” 
prepared 
by 
Consulting 
Engineer 
Services, 
Professional 
Engineers, 
Planners 
& 
Land 
Surveyors 
dated 
February 
'3, 
2004 
(the 
“Phase 
I 
Plan")
, 


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i 
DEFINITIONS 


l.01.§§ger§l. 
The 
following 
words 
and 
terms, 
when 
used 
in 
this 
Declaration, 
the 
Certificate 
of 
Incorporation, 
the 
By-Laws 
and/or 
the 
Rules 
and 
Regulations 
shall 
have 
the 
following 
meanings, 
unless 
the 
context 
in 
which 
same 
are 
utilized 
clearly 
indicates 
otherwise. 


1.02.“Affiliate" 
of 
the 
Developer 
shall 
mean 
and 
refer 
to 
any 
entity 
which 
controls, 
is 
controlled 
by, 
or 
is 
under 


common 
control 
with 
the 
Developer. 
An 
entity 
“controls" 
the 
Developer 
if 
the 
entity 
(i) 
is 
a 
general 
partner, 
officer, 
director, 
or 
employer 
of 
the 
Developer, 
(ii) 
directly 
or 


indirectly 
or 
acting 
in 
concert 
with 
one 
or 
more 
other 
entities, 


573610.04 



contributed 
more 
than 
twenty 
(20%
) 
percent 
of 
the 
capital 
of 
the 


entity. 
Control 
does 
not 
exist 
if 
the 
powers 
described 
in 
this 


section 
are 
held 
solely 
as 
security 
for 
an 
obligation 
and 
are 
not 
exercised. 
l.03.“Amendment 
and 
Supplement" 
to 
the 
Declaration 


shall 
mean 
and 
refer 
to 
the 
documentary 
supplementation 
to 
this 
instrument 
permitted 
and 
required 
by 
Section 
11.06 
of 
this 
Declaration 
to 
be 
recorded 
in 
the 
Office 
of 
the 
Atlantic 
County 
Clerk 
in 
order 
to 
incorporate 
into 
the 
Community 
additional 
Homes 


Community. 


Documents. 


-5..
. 


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such 
power 
or 
duty, 
right 
of 
approval 
or 
any 
other 
right 
has 
been 
delegated. 
l.07.“By-Laws" 
shall 
mean 
and 
refer 
to 
the 
By—Laws 
of 
the 
Association, 
a 
copy 
of 
which 
is 
attached 
hereto 
as 
Exhibit 


“D"
, 
together 
with 
all 
future 
amendments 
and/or 
supplements 
thereto. 
I 
1.08.“Capital 
Improvement 
Common 
Expense 
Assessment” 


shall 
mean 
and 
refer 
to 
those 
assessments 
imposed 
upon 
the 
Owner(s) 
as 
described 
in 
Section 
6.11 
of 
this 
Declaration. 


1.09.“Certificate 
of 
Incorporation" 
shall 
mean 
and 
refer 
to 
the 
Certificate 
of 
Incorporation 
of 
the 
Association, 
a 
copy 
of 
which 
is 
attached 
hereto 
as 
Exhibit 
“C”
, 
together 
with 
all 
future 
amendments 
and/or 
supplements 
thereto. 


1.10.“Common 
Expenses" 
shall, 
subject 
to 
the 
provisions 
of 
Article 
VI 
hereof, 
mean 
and 
refer 
to 
all 
those 
expenses 
which 


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1.12.“Declaration” 
shall 
mean 
and 
refer 
to 
this 
instrument 
together 
with 
all 
future 
amendments 
and 
supplements 
hereto 
which 
are 
recorded 
in 
the 
office 
of 
the 
Atlantic 
County 
Clerk. 


by 
Article 
XI 
of 
this 
Declaration.



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. 



given 
written 
notice 
to 
the 
Association 
in 
the 
manner 
provided 
in 
Section 
10.02 
of 
this 
Declaration 
of 
its 
desire 
to 
have 
notice 
of 
those 
matters 
which 
are 
the 
subject 
of 
Sections 
10.01 
through 


10.04 
and 
10.07 
of 
this 
Declaration. 
1.16.“Emergency 
Common 
Empense 
Assessment" 
shall 
mean 
and 
refer 
to 
those 
assessments 
imposed. 
upon 
the 
Owner(s) 
as 
described 
in 
Section 
6.09 
of 
this 
Declaration. 


1.17.“Entire 
Tract" 
shall 
mean 
and 
refer 
to 
the 
approximately 
173.87 
acres 
of 
land 
located 
in 
the 
Township 
of 
Egg 


Harbor, 
Atlantic 
County, 
New 
Jersey 
and 
more 
particularly 
described 
in 
Exhibit 
“A" 
attached 
hereto 
and 
made 
a 
part 
hereof. 
1.18.“Fair 
Housing 
Act” 
shall 
mean 
and 
refer 
to 
Title 
VIII 
of 
the 
Civil 
Rights 
Act 
of 
1968, 
as 
amended 
by 
the 
Fair 


..3.
. 


573610.04 



transmission 
facilities; 
landscaping: 
street‘ 
signs; 
drainage 
facilities; 
directional 
signs 
and 
monuments. 


Certificate 
of 
Incorporation; 
and 
By—Laws 
and 
Rules 
‘and 


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1.27.“Lot” 
shall 
mean 
and 
refer 
to 
a 
legally 
subdivided 


residential 
building 
lot 
established 
upon 
a 
portion 
of 
the 
Entire 


Tract 
by 
the 
filing 
of 
a 
subdivision 
plat 
in 
the 
Atlantic 
County 


When 
the 
term 
“Lot” 
is 
used, 
unless 
the 
context

Clerk's 
Office. 


clearly 
indicates 
a 
contrary 
intent, 
it 
shall 
be 
deemed 
to 
refer 


to 
and 
mean 
solely 
the 
unimproved 
land 
and 
shall 
not 
be 
deemed 
to 


refer 
to 
or 
mean 
the 
Dwelling 
erected 
or 
to 
be 
erected 
thereon 


and/or 
any 
other 
attendant 
and/or 
appurtenant 
improvements 


erected 
or 
to 
be 
erected 
thereon. 


1.28.“Member" 
shall 
mean 
all 
those 
Owners 
who 
are 
members 
of 
the 
Association 
as 
provided 
in 
Article 
V 
of 
the 
Certificate 
of 
Incorporation. 


1.29.“Member 
in 
Good 
Standing” 
shall 
mean 
and 
refer 
to 
any 
MEmber 
who 
has, 
at 
least 
thirty 
(30) 
days 
prior 
to 
the 
date 
fixed 
for 
any 
meeting, 
vote, 
or 
other 
Association 
action, 
fully 
paid 
all 
installments 
due 
for 
Common 
Expense 
Assessments 
made 
or 


levied 
against 
him 
and 
his 
Home 
by 
the 
Board, 
together 
with 
all 
interest, 
costs. 
attorneys' 
fees, 
penalties 
and 
other 
expenses, 
if 
any, 
chargeable 
to 
him 
and 
to 
his 
Home. 


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recorded 
instrument 
and 
underlying 
obligation 
giving 
rise 
to 
a 


1.32.“Mortgage 
Holder" 
shall 
mean 
and 
refer 
to 
the 
holder 
of 
record 
of 
a 
Mortgage 
or 
one 
who 
insures 
or 
guarantees 


or

1.33.“Owner” 
shall 
mean 
and 
refer 
to 
those 
persons 


entities 
in 
whom 
record 
fee 
simple 
title 
to 
any 
Home 
is 
vested 
as 
shown 
in 
the 
records 
of 
the 
Office 
of 
the 
Atlantic 
County 
Clerk, 
including 
the 
Developer, 
unless 
the 
context 
expressly 
indicates 
otherwise, 
but, 
deSpite 
any 
applicable 
theory 
of 
mortgage, 
shall 


not 
mean 
or 
refer 
to 
any 
mortgagee 
or 
trustee 
under 
a 
deed 
of 
trust 
unless 
and 
until 
Such 
nmrtgagee 
or 
trustee 
has 
acquired 
title 
to 
any 
such 
Home 
pursuant 
to 
foreclosure 
proceedings 
or 
any 
proceeding 
in 
lieu 
of 
foreclosure, 
nor 
shall 
the 
term 
“Owner” 
refer 
to 
any 
lessee 
or 
tenant 
of 
an 
“Owner“
. 


l.34.“Permitted 
Mortgage” 
shall 
mean 
and 
refer 
to 
any 
Mortgage 
that 
is 
held 
by 
an 
Institutional 
Lender 
or 
which 
is 
a 
purchase 
money 
First 
Mortgage 
held 
by 
the 
Developer 
or 
by 
the 
Seller 
of 
a 
Home. 
It 
shall 
also 
include 
any 
other 
Mortgage, 
the 
lien 
of 
which, 
by 
the 
express 
terms 
of 
the 
Mortgage, 
is 
subordinate 
to 
any 
and 
all 
existing 
or 
future 
Common 
Expense 
liens 
inmosed 
against 
a 
Home 
by 
the 
Association. 
Any 
construction, 
permanent 
or 
other 
mortgage 
placed 
or 
assumed 
by 


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1.35.“Permitted 
Resident” 
shall 
mean 
and 
refer 
to 
any 


downer 
or 
tenant, 
together 
with 
all 
family 
members 
of 
such 
Owner 
or 
tenant, 
and 
other 
persons 
permanently 
residing 
with 
such 
Owner 
or 
tenant 
but 
only 
ifi 
(i) 
all 
such 
persons 
have 
complied 
with 
all 
of 
the 
procedures, 
restrictions, 
rules, 
regulations, 
by-laws, 
covenants 
and 
conditions, 
both 
procedural 
and 
substantive, 
intended 
to 
enable 
the 
Developer 
and 
the 
Association 
to 
maintain 
the 
Community's 
character 
as 
“55 
or 
Over 
Housing" 
for 
older 
persons; 
and 
(ii) 
no 
child 
under 
the 
age 
of 
19 
is 
residing 
or 
is 
intended 
to 
reside 
with 
such 
member 
or 
tenant. 


1.36.“Property” 
shall 
mean 
and 
refer 
to 
the 
land 
and 
premises 
described 
and 
shown 
in 
Exhibits 
“A” 
and 
“B" 
respectively, 
together 
with 
land 
and 
premises 
shown 
on 
any 
final 
subdivision 
plats 
within 
the 
Entire 
Tract 
which 
may 
hereafter 
be 
lawfully 
subjected 
to 
the 
provisions 
of 
this 
Declaration 
or 
by 
any 
Amendment 
and 
Supplement 
hereto, 
pursuant 
to 
Section 
2.02 


‘hereof. 


1.37.“Remedial 
Common. 
Expense 
.Assessment" 
shall 
mean 
and 
refer 
to 
those 
assessments 
imposed. 
upon 
.the 
Owner(s) 
as 
described 
in 
Section 
6.14 
of 
this 
Declaration. 


l.38.“Rules 
and 
Regulations” 
shall 
mean 
and 
refer 
to 
thosa 
rules 
and 
regulations 
of 
the 
Association 
to 
be 
promulgated, 


-12



adopted, 
and. 
published. 
by 
the 
Association, 
together 
with 
all 


l.39.“Section” 
shall 
mean 
and 
refer 
to 
a 
portion 
of 
the 
Property 
within 
the 
Entire 
Tract 
or 
Property 
which 
the 
Developer 
has 
determined 
to 
develop 
as 
an 
independent 
legal 
phase 
and 
which 
has 
been 
established 
by 
the 
recordation 
of 
the 
Declaration 
or 
an 


l.40.“Special 
Common 
Expense 
Assessments" 
shall 
mean-
and 
refer 
to 
those 
assessments 
imposed. 
upon 
the 
Owner(s) 
as 
described 
in 
Section 
6.10 
of 
this 
Declaration. 


ARTICLE 
II 


GENERAL 
DESCRIPTION 
OF 
THE 
ENTIRE 
TRACT 


2.01.The 
Entire 
Tract. 
The 
Entire 
Tract 
includes 
the 
lands 
described 
in 
Exhibit 
“A” 
aforesaid 
consisting 
of 
approximately 
173.87 
acres, 
as 
shown 
on 
Exhibit 
"B" 
of 
the 
Declaration, 
and 
anvuture 
Section(s) 
to 
be 
subjected 
to 
the 
Declaration 
at 
the 
sole 
discretion 
of 
the 
Developer.
. 
The 
Entire 
Tract 
is 
located 
on 
Mill 
Road 
(County 
Route 
662) 
in 
the 
Township 
of 
Egg 
Harbor. 
Atlantic 
County, 
New 
Jersey, 
and 
is 
planned 
to 
ultimately 
include 
a 
total 
of 
up 
to 
three 
hundred 
ninety~seven 


(397) 
Homes. 
Phase 
I 
encompasses 
approximately 
93.18 
acres 
and 
is 
located 
in 
the 
southwestern 
portion 
of 
the 
Entire 
Tract. 
TWO 
hundred 
fifty-three 
(253) 
Homes 
are 
planned 
to 
be 
constructed 
in 
Phase 
I. 
Recreational 
facilities 
planned 
for 
Phase 
i 
will 
include 
an 
approximately 
10,000 
square 
foot 
clubhouse 
with 
an 


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. 


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indoor 
lap 
pool, 
two 
tennis 
courts, 
one 
outdoor 
swimming 
pool, 


one 
(1) 
artificial 
putting 
green, 
and 
one 
(1) 
bocci 
ball 
court. 


2.02.Procedure 
For 
makino 
Additional 
Phases 
and 
Homég 


gubject 
To 
The 
Declaration. 
The 
Developer 
may 
make 
additional 


Sections, 
Homes 
and 
other 
attendant 
site 
improvements 
within 
the 


Entire 
Tract 
subject 
to 
the 
Declaration 
by 
recording 
an 
Amendment 


and 
Supplement 
to 
the 
Declaration 
in 
the 
Atlantic 
County 
Clerk’s 


office, 
pursuant 
to 
Section 
11.06 
of 
this 
Declaration. 
Such 


Amendment 
and 
Supplement 
may 
contain 
such 
complementary 
or 


supplemental 
additions 
and 
nwdifications 
of 
the 
covenants 
and 


restrictions 
contained 
in 
this 
Declaration 
and 
such. 
other 


complementary 
and 
supplemental 
provisions 
as 
the 
Developer 
deems 


necessary. 


ARTICLE 
III 


PROPERTY 
SUBJECT 
TO 
THIS 
DECLARATION 


3.01.The 
Community. 
Upon 
the 
recordation 
of 
this 


Declaration, 
the 
Community 
shall 
consist 
of 
all 
of 
the 
unimproved 


land 
legally 
described 
and 
graphically 
depicted, 
respectively, 
in 


Exhibits 
“A” 
and 
“E” 
hereof, 
consisting 
of 
approximately 
153.87 


acres, 
along 
with 
all 
improvements 
now 
in 
existence 
or 
hereafter 


constructed 
upon 
that 
portion 
of 
the 
aforesaid 
land 
identified 
as 


Phase 
I, 
as 
legally 
described 
on 
Exhibit 
“A—l” 
and/or 
graphically 


depicted 
on 
Exhibit 
“B~1"
, 
which 
property 
shall 
be 
held, 


transferred, 
sold, 
conveyed, 
leased 
and 
occupied 
subject 
to 
this 


Declaration 
and 
all 
amendments 
or 
supplements 
thereto. 


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3.02.83bmission 
of 
Other 
improvements. 
The 
Developer 


hereby 
reserves 
the 
right, 
without 
obligating 
itself, 
to 
develop 


all 
or 
less 
than 
all 
of 
the 
Entire 
Tract 
not 
within 
Phase 
I 
by 


constructing 
thereon 
additional 
Homes 
along 
with 
attendant 
site 


improvements 
and 
to 
incorporate 
such 
additional 
improvements 
as 


part 
of 
the 
Community 
as 
one 
or 
more 
Sections 
of 
same, 
such 
full 


development, 
as 
presently 
proposed, 
being 
graphically 
depicted 
on 


Exhibit 
“B"
. 
The 
incorporation 
of 
the 
aforesaid 
additional 
Homes 


and 
other 
improvements 
as 
part 
of 
the 
Community 
shall 
be 
by 
the 


recording 
of 
one 
or 
more 
Amendments 
and 
Supplements 
to 
this 


Declaration 
in 
the 
Atlantic 
County 
Clerk's 
Office 
pursuant 
to 


Sections 
2.02 
and 
11.06 
of 
this 
Declaration. 
All 
Homes 
and 
other 


improvements 
incorporated 
as 
herein 
provided 
as 
part 
of 
the 


Community 
shall 
be 
deemed 
a 
part 
of 
the 
Community 
and 
all 


references 
to 
the 
Community 
in 
this 
Declaration, 
the 
Certificate 


of 
Incorporation 
and/or 
the 
By—Laws 
shall 
be 
understood 
to 


include 
such 
Homes 
and 
other 
improvements 
once 
same 
are 


incorporated. 
_ 


The 
right, 
but 
not 
the 
obligation, 
of 
the 
Developer 
to 


subject 
to 
this 
Declaration 
additional 
improvements 
within 
the 


Community 
by 
way 
of 
an 
Amendment 
and 
Supplement 
to 
the 


Declaration 
duly 
recorded 
in 
the 
Office 
of 
the 
Atlantic 
County 


Clerk 
shall 
be 
without 
need 
for 
or 
obligation 
to 
obtain 
the 


consent 
of 
the 
Association, 
any 
Home 
Owner, 
Eligible 
or 
Permitted 


Mortgage 
Holder, 
Institutional 
Lender, 
or 
any 
other 
party. 


3.03.Title 
to 
Common 
Property. 
Developer 
may 
retain 
the 


legal 
title 
to 
the 
whole 
or 
portions 
of 
the 
Common 
Property 
until 


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Supplements 
to 
the 
Declaration. 
4.02.0wner's 
Covenant. 
Every 
owner. 
by 
the 
acceptance 


devisee 
or 
heir, 
covenants 
to 
every 
other 
Owner, 
and 
the 
Association 
that 
he 
will 
not 
permit 
his 
Home 
(the 
Lot, 
the 
Dwelling 
and 
any 
other 
Lot 
improvements) 
to 
be 
maintained 
other 
than 
in 
a 
first—class 
state 
of 
repair 
and 
in 
a 
neat, 
safe 
and 
attractive 
condition. 
The 
foregoing 
covenant 
shall 
not 
be 
deemed 
to 
transfer 
any 
responsibilities 
relative 
to 
the 
Home 
that 
are 


expressly 
made 
the 
obligation 
of 
the 
Association 
pursuant 
to 
the 
Governing 
Documents. 
I 
4.03.0wner's 
Responsibilities. 
In 
addition 
to 
such 
other 
duties, 
responsibilities 
and 
obligations 
charged 
to 
an 


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Owner 
by 
the 
Governing 
Documents, 
each 
Owner 
shall 
be 
responsible 
for 
and 
shall 
promptly 
perform 
and/or 
furnish, 
at 
his 
own 
expense, 
all 
of 
the 
cleaning, 
maintenance, 
repairs 
and 
replacements 
for 
his 
Home 
(i.e. 
the 
bob. 
the 
Dwelling 
and 
other 
Lot 
improvements) 
other 
than 
those 
which 
are 
made 
the 
express 
responsibility 
of 
the 
Association 
pursuant 
to. 
Section 
6.07 
of 
this 
Article 
VI. 
Owners 
shall 
discharge 
this 
responsibility 
promptly, 
consistently 
and 
in 
such 
a 
manner 
as 
is 
consistent 
with 
the 
covenant 
in 
Section 
4.03 
of 
this 
Article 
IV. 


An 
Owner’s 
responsibilities 
shall 
include, 
by 
way 
of 
example 
but 
not. 
by 
way 
of 
limitation, 
the 
following: 


A. 
all 
cleaning, 
painting 
and/or 
staining, 
maintenance, 
repair 
and/or 
replacement 
of 
the 
Dwelling 
or 
portions 
thereof, 
interior 
and 
exterior, 
including, 
but 
not 
limited 
to, 
the 
siding, 
windows, 
doors, 
balconies, 
patios, 
porches, 
stoops, 
steps, 
roofs, 
chimneys, 
flues, 
etc.
; 


B. 
all 
cleaning, 
painting 
and/or 
staining, 
maintenance, 
repair 
and/or 
replacement 
of 
any 
improvements 
in 
addition 
to 
the 
Dwelling 
that 
are 
established 
within 
the 
Lot, 
including, 
but 
not 
limited 
to, 
sidewalks, 
walkways 
and 
driveways; 
C. 
snow 
clearing 
from 
any 
surface 
within 
the 
Lot 
other 
than 
from 
the 
driveway 
and 
walkway 
originally 
established 
by 
the 
Developer 
within 
the 
Lot 
and 
serving 
the 
Home 
which 
shall 
be 
the 
responsibility 
of 
the 


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6.07 
of 
Article 
VI. 
Further, 
Owners 
are 
responsible 
‘ 
on 
their 
Lots. 


An 
Owner's 
responsibility 
for 
cleaning, 
painting 
and/or 
staining, 
maintenance, 
repair, 
replacement 
and 
snow 
clearing 
for 
his 
Home 
as 
aforesaid 
is 
hereby 
expressly 
declared 
to 
include 
an 
obligation: 
(i) 
to 
effectuate 
such 
cleaning, 
painting 
and/or 
staining, 
maintenance. 
repair, 
replacement 
and 
snow 
clearing 
in 
such 
a 
manner 
as 
to 
maintain 
architectural, 
visnal 
and 
aesthetic 
harmony 
amongst 
the 
Homes; 
(ii) 
to 
utilize 
materials 
of 
a 
quality 


at 
least 
equivalent 
to 
the 
quality 
of 
those 
materials 
being 
maintained, 
repaired. 
or 
replaced; 
and 
(iii) 
to 
have 
all 
such 
cleaning, 
painting 
and/or 
staining, 
maintenance, 
repair, 
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replacement 
and 
snow 
clearing 
effectuated 
in 
a 
good 
and 
workmanlike 
manner, 
in 
accordance 
with 
all 
applicable 
laws 
and 
in 
such 
a 
manner 
as 
to 
minimize 
inconvenience 
to 
the 
Association 
and 
to 
other 
Owners. 
The 
Board 
of 
Trustees 
of 
the 
Association 
is 
empowered 
to 
promulgate, 
adopt, 
publish, 
amend 
and 
enforce 
such 
Rules 
and 
Regulations 
as 
it, 
in 
its 
sole 
and 
absolute 
discretion, 
deems 
appropriate 
relative 
to 
the 
obligations 
of 
an 
Owner 
pursuant 
to 
this 
Section 
4.03, 
including, 
but 
not 
limited 
to, 
Rules 
and 
Regulation 
specifying: 
(a) 
procedures 
for 
pre—approval 
of 
materials, 
styles, 
colors, 
designs, 
etc.
; 
and 
(b) 
schedules 
of 
frequency 
and 
standards 
for 
cleaning, 
painting 
and/or 
staining, 


maintaining, 
repairing, 
replacing 
and 
snow 
clearing. 
ARTICLE 
V 
MEMBERSHIP 
AND 
VOTING 
RIGHTS 
IN 
THE 
ASSOCIATION 
5.0l.Membership. 
The 
Membership 
of 
the 
Association 
shall 
be 
comprised 
of 
two 
classes: 


(a) 
Members: 
Every 
Owner 
of 
a 
Home 
other 
than 
Developer, 
whose 
Home 
is 
located 
within 
the 
Entire 
Tract, 
shall 
be 
a 
Member 
of 
the 
Association. 
(b) 
Developer: 
For 
so 
long 
as 
Developer 
owns 
Lots 
within 
the 
Entire 
Tract, 
Developer 
shall 
be 
a 
member 
of 
the 
Association. 


ARTICLE 
VI 
ASSESSMENTS 
6.0l.Covenant 
to 
Pay 
Assessments. 
Every 
Member, 
by 
acceptance 
of 
a 
deed 
or 
other 
conveyance 
of 
a 
Home, 
whether 
or 


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6.03.Due 
Dates 
9f 
Annual 
Common 
Egpense 
Assessment. 
Annual 
Common 
Expense 
Assessments 
shall 
be 
made 
for 
a 
yearly 
period 
to 
be 
determined 
by 
the 
Board 
of 
Trustees 
and 
shall 
be 


payable 
in 
advance 
in 
monthly 
installments 
due 
upon 
the 
first 
day 
of 
each 
month 
or 
in 
such 
other 
installments 
and 
upon 
such 
other 
due 
dates 
as 
it 
may 
establish. 
Except 
as 
otherwise 
provided 
by 
Section 
6.02, 
upon 
the 
conveyance 
of 
title 
to 
a 
Home, 
the 
portion 
of 
the 
then 
current 
Annual 
Common 
Expense 
Assessment 
payable 
by 
the 
new 
Owner 
shall 
be 
an 
amount 
which 
bears 
the 
same 
relationship 
to 
the 
Annual 
Common 
Expense 
Assessment 
as 
the 
remaining 
number 
of 
months 
in 
the 
then 
current 
annual 
assessment 
period 
bears 
to 
twelve. 
Such 
first 
annual 
assessmentor 
portion 
thereof 
for 
which 
a 
new 
Owner 
is 
liable 
shall 
be 
immediately 
due 
upon 
the 
acquisition 
of 
title 
by 
the 
purchaser. 


6.04.Annual 
Common 
Efiense 
Assessment 
Not 
Made. 
After 
the 
Developer 
turns 
over 
control 
of 
the 
Board 
to 
Owners, 
if 
an 
Annual 
Common 
Expense 
Assessment 
is 
not 
made 
as 
required, 
an 


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each 
according 
to 
the 
names 
of 
the 
Owners. 
This 
list 
shall 
be 
kept 
in 
the 
office 
of 
the 
Association 
or 
its 
managing 
agent 
and 
shall 
be 
open 
to 
inspection 
upon 
the 
request 
of 
any 
Owner. 
written 
notice 
of 
the 
Annual 
Common 
Expense 
Assessments 
shall 
be 
sent 
by 
mail 
or 
delivered 
to 
every 
Owner, 
as 
more 
particularly 


described 
in 
Article 
VII 
of 
the 
By—Laws. 


-22— 



6.07.Use 
of 
Annual 
Common 
Expense 
Assessments. 
The 


Board 
of 
Trustees 
may 
do 
all 
that 
it 
is 
legally 
entitled 
to 
do 


and 
shall 
be 
obligated 
to 
discharge 
its 
duties 
including, 
but 
not 


limited 
to, 
those 
set 
forth 
at 
Article 
VI 
of 
the 
By-Laws 
of 
the 


Association, 
which 
appear 
as 
Exhibit 
“D" 
to 
this 
Declaration. 


The 
responsibilities 
of 
the 
Association 
shall 
include 


arrangements 
for 
the 
maintenance 
and/or 
repair 
of 
the 
drainage 


and 
detention 
or 
retention 
facilities 
established 
within 
the 


Common 
Property. 


In 
furtherance 
of 
discharging 
its 
obligations, 
the 
Annual 
Common 
Expense 
Assessments 
levied 
by 
the 
Board 
of 
Trustees 
shall 
be 
used 
exclusively 
for 
promoting 
the 
health, 
safety, 
pleasure 
and 
welfare 
of 
the 
Members 
of 
the 
Association, 
including, 
but 
without 
limitation, 
expenditures, 
maintenance, 
replacement 
and 
repair 
for 
the 
following: 
security; 
Clubhouse; 
recreation 
area 
lighting 
and 
refuse 
collection; 
snow 
clearing 
from 
parking 
areas, 
driveways 
and 
walkways, 
including 
snow 
clearing 
from 
the 


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sole 
and 
absolute 
discretion 
of 
the 
Board 
of 
Trustees 
of 
the 
Association. 
Within 
thirty 
(30) 
days 
of 
any 
Emergency 
Common 
Expense 
Assessment 
the 
Board 
shall 
memorialize, 
by 
written 
resolution, 
the 
factual 
basis 
for 
the 
Emergency 
Common 
Expense 
Assessment. 


6.10.§pecial 
gommon 
Expense 
Assessmen 
, 
In 
addition 
to 
the 
other 
assessments 
authorized 
herein, 
in 
any 
assessment 
year 
after 
title 
to 
the 
last 
Home 
in 
the 
Community 
has 
been 
conveyed 
by 
the 
Developer, 
the 
Board 
of 
Trustees 
may 
levy 
a 
Special 
Common 
Expense 
Assessment 
to 
defray 
in 
whole 
or 
in 
part 
the 
cost 
of 
any 
unexpected 
reconstruction, 
repair 
or 
replacement 
of 
an 
existing 
capital 
improvement 
to 
the 
Common 
Property 
not 
determined 
by 
the 
Board 
of 
Trustees 
to 
constitute 
an 
emergent 
or 
immediate 
need, 
but 
for 
which 
funds 
held 
in 
reserve 
are 
inadequate, 
or 
for 
any 
other 
lawful 
purpose. 


6.11.Special 
Assessments 
for 
Damages, 
Violations 
and 
Failures 
of 
Owners. 
If 
any 
Owner 
or 
his 
guest, 
tenant, 
invites, 
occupant 
or 
household 
pet 
causes 
damage 
to 
the 
Common 
Property 
which 
necessitates 
repair 
thereto 
or 
fails 
to 
maintain 
anything 
for 
which 
maintenance 
is 
his 
responsibility, 
or 
if 
the 
Association 
is 
required 
to 
expend 
monies 
to 
remedy 
any 
violations 
of 
the 
covenants 
and 
restrictions 
herein 
stated 
or 
in 
the 
published 
Rules 
and 
Regulations 
of 
the 
Association, 
then 
the 
Board 
of 
Trustees 
may 
impose 
a 
Special 
Assessment 
upon 
the 
Owner 
involved 
for 
the 
cost 
of 
performing 
such 
repairs 
or 
maintenance' 


or 
for 
remedying 
such 
violations, 
including 
reasonable 
attorney's 


fees, 
as 
the 
case 
may 
be. 
Such 
Special 
Assessment 
shall 
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acquiring 
real 
or 
personal 
property 
or 
constructing 
a 
new 
capital 


improvement; 
provided. 
however, 
that 
Such 
an 
assessment 
cannot 
be 
made 
against 
the 
Developer 
without 
its 
written 
consent. 
If, 
during 
any 
assessment 
year, 
a 
Capital 
Improvement 
Common 
Expense 


Assessment, 
together 
with 
all 
other 
Capital 
Improvement 
Common 
Expense 
Assessments 
for 
the 
assessment 
year, 
exceeds 
in 
the 
aggregate 
the 
sum 
of 
$25,000.00 
increased 
by 
the 
percentage 
of 
increase 
in 
the 
Consumer 
Price 
Index 
for 
all 
Urban 
Consumers 
since 
2004, 
it 
shall 
receive 
the 
assent 
of 
two 
thirds 
(2/3) 
in 


interest 
of 
the 
affected 
Members 
in 
Good 
Standing. 
This 
vote 


Shall 
be 
taken 
at 
a 
meeting 
duly 
called 
for 
this 
purpose. 
written 
notice 
of 
such 
a 
nesting, 
stating 
the 
purpose 
of 
the 
meeting, 
shall 
be 
sent 
to 
all 
Owners 
not 
less 
than 
thirty 
(30) 
days 
in 
advance. 
The 
due 
date(s) 
of 
any 
Capital 
Improvement 
Common 
Expense 
Assessment, 
or 
any 
installment(s) 
thereof, 
shall 
be 
fixed 
in 
the 
resolution 
authorizing 
the 
Capital 
Improvement 
Common 
Expense 
Assessment. 


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6.13.3xemption 
from 
Capital 
Imprgyement 
Common 
Expense 
Assessments. 
Despite 
anything 
to 
the 
contrary 
herein. 
neither 
the 
Developer 
nor 
any 
holder 
of 
a 
Permitted 
Mbrtgage 
shall 
be 
required 
to 
pay 
any 
assessments 
for 
capital 
improvements, 
whether 
by" 
way 
of 
regular, 
special, 
capital 
improvement 
or 
any 
other 


assessment. 
This 
provision 
may 
not 
be 
amended 
without 
the 
written 
consent 
of 
Developer 
and. 
every' 
holder 
of 
a 
Permitted 
lflDJTtSIEéJe. 


6.14.Remedial 
Common 
Expense 
Assessment. 
In 
addition 
to 
the 
other 
assessments 
herein 
authorized, 
the 
Board 
of 
Trustees 
of 
the 
Association 
may 
levy 
a 
Remedial 
Common 
Expense 
Assessment 
against 
any 
individual 
Member 
whenever 
required 
or 
permitted 
to 


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be 
apportioned 
equally 
among 
all 
Homes 
with 
such 
frequency 
as 
the 
Board, 
in 
its 
sole 
and 
absolute 
disaretion, 
deems 
necessary 
to 
pay 
such 
real 
estate 
tax 
estimates 
or 
assessments 
in 
a 
timely 
fashion. 


6.16.Miscellaneous 
Assessments. 
Any 
and 
all 
fines, 
late 
charges, 
costs 
of 
collection 
(including 
reasonable 
attorneys' 
fees)
, 
interest 
on 
unpaid 
assessments, 
capital 


contributions, 
membership 
fees, 
escrow 
deposits 
or 
other 
sums 
required 
to 
be 
paid 
to 
the 
Association 
by 
an 
Owner 
pursuant 
to 
the 
provisions 
of 
the 
Governing 
Documents 
ior 
duly 
adopted 
resolution 
of 
the 
Board 
of 
Trustees 
shall 
be 
deemed 
Common 
Expense 
Assessments 
which 
each 
Owner 
has 
covenanted 
for 
and 
agreed 
to 
pay 
according 
to 
the 
provisions 
of 
Section 
6.01 
and 
for 
which 
each 
Owner 
is 
liable 
according 
to 
the 
provisions 
of 
Section 


6.02 
and 
shall 
be 
collectible 
by 
the 
Association 
in 
the 
same 
manner 
as 
other 
Common 
Expense 
Assessments 
pursuant 
to 
the 
provisions 
hereof. 
6.17.gertificate 
of 
Payment. 
The 
Association 
shall, 
within 
ten 
(10) 
days 
after 
receipt 
of 
the 
written 
request 
of 
any 
Owner, 
Purchaser 
of 
any 
Home 
or 
Mortgage 
Holder 
for 
any 
Home 
furnish 
to 
such 
Owner, 
Purchaser 
or 
Mortgage 
Holder, 
a 
certificate, 
in 
writing 
and 
signed 
by 
' 
an 
officer 
of 
the 


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Association, 
setting 
forth 
whether 
or 
not 
such 
assessment, 
fine 


or 
other 
charge, 
which 
would 
constitute 
a 
continuing 
lien 
against 


the 
Home 
pursuant 
to 
Section 
6.02, 
has 
been 
paid. 
Except 
as 
to 


an 
Owner 
requesting 
such 
a 
certificate 
for 
a 
Home 
that 
he 
owns, 


such 
certificate 
shall 
constitute 
conclusive 
evidence 
of 
the 


payment 
of 
any 
assessment(s) 
therein 
stated 
to 
have 
been 
paid. 


6.18.1nterest 
in 
Common 
Surplus. 
Any 
common 
surplus 
of 
the 
Association 
resulting 
from 
an 
excess 
of 
income 
over 
expenses 
may 
be 
allocated 
among 
the 
Mmers 
in 
the 
same 
manner 
as 
those 
expenses 
were 
assessed 
or 
the 
Board 
may, 
in 
its 
sole 
discretion, 
carry 
the 
surplus 
into 
the 
following 
fiscal 
year. 


Any 
common 
surplus 
of 
the 
Association 
resulting 
from 
the 
distribution 
of 
proceeds 
of 
liquidation 
of 
assets 
of 
the 
Association 
shall 
be 
allocated 
among 
the 
members 
of 
the 


Association, 
including 
the 
Developer, 
according 
to 
their 
relative 


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EASEMENTS 


7.01.933g;_§§§§g§g§§
. 
Every 
Owner, 
his 
successors 
and 
assigns, 
shall 
have 
the 
following 
perpetual 
easements 
with 
respect 
to 
the 
Property, 
which 
shall 
be 
for 
the 
benefit 
of 
all 
owners, 
leasees 
and 
occupants 
of 
Homes 
in 
the 
Entire 
Tract, 
their 
licensees 
and 
their 
invitees: 


A. 
An 
'exclusive 
easement 
for 
the 
existence 
and 
continuance 
of 
any 
encroachment 
by 
his 
Home 
upon 
any 
portion 
of 
the 
Property 
of 
an 
adjacent 
Home. 
new 
existing 
or 
which. 
may 
come 
into 
existence 
hereafter 
as 
a 
result 
of 
construction, 
reconstruction, 
repair, 
shifting. 
settlement 
or 
movement 
of 
any 
portion 
of 
a 
Home, 
or 
as 
a 
result 
of 
condemnation 
or 
eminent 
domain 
proceedings, 
so 
that 
any 
such 
encroachment 
may 
remain 
undisturbed 
so 
long 
as 
the 
Home 
stands; 
B. 
An 
exclusive 
easement 
in, 
upon, 
under, 
over, 
across 
and 
through 
the 
adjacent 
Lot 
for 
the 
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installation, 
maintenance 
and 
repair 
of 
any 
improvements 
to 
the 
Home 
as 
a 
result 
of 
the 
location 
of 
the 
Dwelling 
on 
the 
lot 
line 
of 
the 
adjacent 
Lot. 


C. 
A 
non—exclusive 
easement 
for 
ingress 
to 
and 
egress 
from 
his 
Home 
in, 
upon, 
under, 
over, 
across 
and 
through 
the 
Common 
Property; 
D. 
A 
perpetual 
and 
non—exclusive 
easement 
for 
access 
to 
and 
enjoyment 
of 
any 
facilities 
which 
may 
be 
constructed 
on 
the 
Common 
Property 
subject 
to 
such 
restrictions 
and/or 
limitations 
established 
herein' 
or 
by 
the 
Board 
of 
Trustees, 
provided, 
however, 
that 
the 
use 
of 
such 
easement 
may 
be 
denied 
by 
the 
Board 
during 
any 
period 
when 
the 
Owner’s 


in 
good 
standing. 


respect 
to 
the 
Property: 


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the 
time; 


Property 
for 
surface 
water 
runoff 
and 
drainage 
caused 
by 
natural 
forces 
and 
elements, 
grading 
or 


individual 
Owner 
shall 
directly 
or 
indirectly 


interfere 
with 
or 
alter 
the 
drainage 
and 
runoff 
patterns 
and 
systems 
within 
the 
Property; 
and 
A 
specific 
easement 
in 
favor 
of 
the 
Developer, 
its 
successor 
and 
assigns, 
its 
agents, 
servants 
and 
licensees, 
for 
purposes 
incidental 
to 
the 
development 
and 
the 
construction 
and 
marketing 
of 


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the 
Entire 
Tract 
including, 
but 
not 
limited 
to 
the 
repair 
and 
maintenance 
of 
drainage 
improvements 
and 
utility 
systems 
serving 
the 
Entire 
Tract. 
Said 
easement 
shall 
be 
in 
favor 
of 
the 
Developer, 
its 
successors 
and 
assigns; 
provided, 
however, 


that 
such 
easement 
shall 
expire 
two 
(2) 
years 
after 
the 
Developer, 
'in 
the 
ordinary 
course 
of 
business, 
conveys 
the 
last 
Home 
in 
the 
Community 
to 
an 
individual 
or 
entity 
other 
than 
Developer. 


7.03.Association 
Easements. 
The 
Common 
Property 
shall 
also 
be 
subject 
to 
the 
following 
perpetual 
easements 
for 
the 
benefit 
of 
the 
Association: 


A. 
An 
exclusive 
easement 
for 
the 
maintenance 
of 
the 
Common 
Property, 
lawn 
neintenance 
for 
individual 
Homes, 
and 
snow 
clearing 
from 
Developer 
installed 
walkways, 
sidewalks 
and 
driveways 
on 
the 
Lots; 
and 
B. 
The 
Board 
of 
Trustees 
or 
any 
manager 
or 
managing 
agent, 
or 
their 
respective 
agents 
or 
employees, 
shall 
have 
the 
perpetual 
and 
non-exclusive 
right 
of 
access 
to 
each 
Home: 
(i) 
to 
inspect 
same 
in 
connection 
with 
the 
performance 
of 
its 
responsibilities 
under 
the 
Governing 
Documents 
but 
only 
when 
necessary 
to 
protect 
other 
Homes 
or 
the 
Common 
Property, 
(ii) 
to 
remedy 
any 
violations 
of 
law 
and/or 
the 
provisions 
of 
the 
Governing 
Documents, 
and 
(iii) 
to 
perfornt 
any 
operations 
required 
in 
connection 
with 
the 
maintenance, 
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repair 
and/or 
replacement 
of 
or 
to 
the 
Common 
Property 
or 
any 
equipment, 
facilities 
or 
fixtures. 
affecting 
or 
serving 
other 
Home(s) 
or 
the 
Common 
Property 
provided 
that 
a 
request 
for 
entry 
is 
made 
in 
advance 
and 
that 
any 
such 
entry 
is 
at 
a 
time 
reasonably 
convenient 
to 
the 
Owner. 
In 
case 
of 
an 
emergency, 
such 
right 
of 
entry 
shall 
be 
immediate, 


whether 
the 
Owner 
is 
notified 
in 
advance 
or 
present 
at 
the 
time. 


7.04.Pemitted 
Mortgage 
Hglger 
Easements. 
Any 
holder 
of 
a 
Permitted 
Mortgage, 
its 
officers, 
agents 
and 
employees, 
shall 
have 
a 
blanket, 
perpetual 
and 
non-exclusive 
easement 
to 
enter 
the 
Entire 
Tract 
and 
to 
inspect 
the 
condition 
of 
the 
Common 
Property 
or 
Homes 
encumbered 
by 
a 
mortgage 
owned 
by 
it. 
This 
right 
shall 
be 
exercised 
only 
during 
reasonable 
daylight 
hours 
and 
then, 
whenever 
practicable, 
only 
after 
advance 
written 
notice 
to 
and 
with 
the 
permission 
of 
the 
Board 
of 
Trustees 
and 
the 


Owner(s) 
in 
question. 
7.05.;flgnicipal 
Easements. 
The 
Property 
is 
subject 
to 
a 


blanket, 
perpetual 
and 
nonexclusive 
easement 
of 
unobstructed 
ingress 
to 
and 
egress 
from, 
access 
to 
and 
travel 
within, 
upon, 
over, 
under, 
across 
and 
through 
the 
Community 
to 
the 
Township 
of 
Egg 
Harbor, 
its 
respective 
officers, 
agents 
and 
employees 
(but 
not 
the 
public 
in 
general)
, 
and 
all 
police, 
fire 
and 
ambulance 


personnel 
in 
the 
proper 
perfomance 
of 
their 
respective 
duties 
(including 
but 
not 
limited 
to 
emergency 
or 
other 
necessary 


maintenance, 
repair 
and/or 
replacement 
to 
a 
Home 
which 
the 
Owner 


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has 
failed 
to 
perform)
; 
for 
emergency 
or 
other 
necessary 
maintenance, 
repair 
and/or 
replacement 
of 
the 
Common 
Property 
‘which 
the 
Association 
has 
failed 
to 
perform. 
Except 
in 
the 
event 
of 
emergencies, 
the 
rights 
accompanying 
the 
easements 
provided 
for 
herein 
shall 
be 
exercised 
only 
during 
reasonable 
daylight 
hours 
and 
then, 
whenever 
practicable, 
only 
after 
advance 
notice 
to 
and 
with 
pernussion 
of 
the 
Owner(s) 
directly 
affected 
thereby. 
7.06.Utility 
Easements. 
The 
Property 
is 
subject 
to 
a 


blanket, 
perpetual 
and 
non—exclusive 
easement 
of 
unobstructed 
ingress 
to 
and 
egress 
from, 
access 
to 
and 
travel 
within, 
upon, 
over, 
under, 
across 
and 
through 
the 
Property 
for 
the 
purpose 
of 
reading,
. 
servicing 
or 
repairing 
utility 
lines 
and 
to 
do 
everything 
and 
anything 
else 
necessary' 
in 
order 
to 
properly 
maintain 
and 
furnish 
utility 
service 
to 
the 
Entire 
Tract, 
which 


easement 
shall 
be 
for 
the 
benefit 
of 
any 
duly 
authorized 
governmental 
agency, 
utility 
company 
or 
other 
entity 
furnishing 
utility 
service, 
including 
those 
providing 
master 
cable, 
”television 
or 
electronic 
security 
service 
to 
the 
Property. 


recorded 
subdivision 
plat. 


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Documents, 
and 
other 
instrument(s) 
necessary 
to‘ 
effect 
the 
foregoing, 
together 
with 
any 
Amendment 
and 
Supplement 
to 
the 
Declaration 
contemplated 
by 
Section 
2.02 
hereof, 
subject 
to 
the 
limitations 
set 
forth 
herein. 


Under 
Article 
VIII 
of 
the 
Declaration, 
the 
Developer 
and 
the 
Association 
are 
given 
the 
right 
to 
amend 
the 
Governing 
Documents, 
without 
the 
consent 
of 
the 
Owners, 
under 
certain 
circumstances. 
This 
right 
is 
called 
a 
power 
of 
attorney 
and 
is 
granted 
to 
the 
Developer 
and 
the 
Association 
by 
each 
Owner 
when 
he 
accepts 
the 
deed 
to 
his 
Home. 
This 
power 
of 
attorney 
may 
only 
be 
exercised 
if' 
an 
amendment 
is 
required‘ 
(i) 
by 
law 
or 
any' 
governmental 
agency; 
(ii) 
by 
any 
title 
insurance 
company 
insuring 
any 
portion 
of 
the 
Community 
at 
the 
Developer’s 
request; 
and 
(iii) 
by 
any 
Eligible 
Mortgage 
Holder 
providing' 
mortgage 
loans 
to 
Owners. 


However, 
the 
written 
consent 
of 
an 
affected 
Owner 
must 
be 
obtained 
first 
if 
the 
amendment 
increases 
the 
financial 
obligations 
of 
an 
Owner 
or 
reserves 
special 
or 
additional 
privileges 
for 
the 
Developer. 
The 
Developer 
has 
the 
right 
to 


power 
of 
attorney 
can 
only 
be 
exercised 
by 
the 
Association. 


way 
of 
description 
and 
not 
limitation: 


i37_ 


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purposes; 
or 
to 
convey 
or 
assign 
such 
easements 
to 
the 
appropriate 
governmental 
authority, 
utility 
agency 
or 
company, 
title 
insurance 
company 
or 
as 
otherwise 


(iii) 
Use 
of 
Easements. 
To 
permit 
the 
Developer, 
its 
agents, 
Affiliates, 
employees 
or 
subcontractors 
to 
utilize 
easements, 
roads, 
drainage 
facilities, 
utility 
lines 
and 
the 
like 
within 
or 
servicing 
the 
Community; 
(iv) 
Surrender 
of 
Developer's 
Rights. 
To 
surrender 
or 
modify 
the 
Developer's 
rights 
in 
favor 
of 
the 
Homeowners 
or 
Association, 
or 
their 
respective 
mortgagees. 
(v) 
Technigal 
Changes. 
To 
correct, 
supplement 
or 
provide 
technical 
changes 
to 
the 
Declaration, 
By~Laws 
or 
other 
documents 
that 
create 
or 
implement 
the 
creation 
of 
the 
Community 
or 
Association. 
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(vi) 
Miscellaneous 
Changes. 
To 
amend 
the 
Declaration, 
Jay—Laws 
or 
other 
documents 
that 
create 
or 
implement 
the 
creation 
of 
the 
Declaration 
or 
the 
Association 
to 
qualify 
the 
Community 
for 
programs 
and 
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supplement 
or 
other 
instrument 
which 
adversely 
affects 
the 
value 
of 
any 
HOme, 
or 
increases 
the 
financial 
obligations 
of 
the 
Owner 
by 
more 
than 
ten 
(10%
) 
percent 
of 
his 
then 
current 
annual 
[Common 
Expense 
Assessment, 
or 
reserves 
any 
additional 
or 
special 
privileges 
for 
the 
Developer 
not 
previously 
reserved, 
shall 
be 
made 
without 
the 
prior 
written 
consent 
of 
the 
affected 
Owner(s) 
and 
all 
owners 
of 
any 
mortgage(s) 
encumbering 
the 
affected 
Home(s) 
. 
Any 
such 
agreement, 
document, 


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amendment 
or 
supplement 
or 
other 
document 
which 
adversely 
affects 
the 
priority 
or 
validity 
of 
any 
nwrtgage 
which 
encumbers 
any 
Heme 
shall 
not 
be 


owners 
of 
all 
such 
mortgages. 


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The 
power 
of 
attorney 
aforesaid 
is 
expressly 
declared 
and 
acknowledged 
to 
be 
coupled 
with 
an 
interest 
in 
the 
subject 
matter 


hereof 
and 
the 
same 
shall 
run 
with 
the 
title 
to 
any 
and 
all 
Homes 
and 
be 
binding 
upon 
the 
heirs, 
personal 
representatives, 
successors 
and 
assigns 
of 
any 
of 
the 
foregoing 
parties. 
Further. 


this 
power 
of 
attorney 
shall 
not 
be 
affected 
by 
the 
death 
or 
disability 
of 
any 
principal 
and 
is 
intended 
to 
deliver 
all 
right, 
title 
and 
interest 
of 
the 
principal 
in 
and 
to 
said 
power. 


8.04.Eligible 
Mortgage 
Holder's 
Power 
of 
Attorney. 
In 
the 
event 
that 
the 
Association 
fails 
to 
institute 
enforcement 
proceedings 
for 
the 
collection 
of 
delinquent 
Common 
Expense 


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Assessments, 
as 
provided 
in 
Article 
VII 
of 
the 
By—Laws, 
then 
any 
Eligible 
Mortgage 
Holder 
for 
any 
Home 
as 
to 
which 
there 
Shall 
be 
a 
delinquent 
Common 
Expense 
Assessment 
is 
hereby' 
irrevocably 
granted 
standing 
and 
a 
power 
of 
attorney 
to 
institute 
an 
appropriate 
action 
and 
to 
invoke 
such 
other 
remedies 
otherwise 
available 
to 
the 
Association 
in 
the 
name 
of 
and 
on 
behalf 
of 
the 
Association. 
This 
power 
of 
attorney 
is 
expressly 
stipulated 
to 
be 
coupled 
with 
an 
interest 
in 
the 
subject 
matter. 


ARTICLE 
IX 
RESTRICTIONS 


9.01.General 
Covenants 
and 
Restrictions. 
The 
Entire 
Tract 
is 
subject 
to 
all 
covenants, 
restrictions 
and 
easements 
of 
record 
and 
to 
the 
following 
restrictions 
and 
covenants, 
all 
of 
which 
shall 
be 
perpetual 
in 
nature 
and 
run 
with 
the 
land: 


A. 
The 
Common 
Property 
shall 
be 
used 
only 
for 
the 
furnishing 
of 
the 
services 
and 
facilities 
for 
which 
they 
are 
reasonably 
intended 
and 
suited 
and 
which 
are 
incident 
to 
the 
use 
and 
occupancy 
of 
the 
Homes. 
B. 
No 
Owner 
shall 
have 
the 
right 
to 
mortgage 
or 
encumber 
his 
Home, 
unless 
such 
umrtgage 
or 
encumbrance 
is 
e1 
Permitted 
Mortgage. 
No 
other 
mortgages 
or 
encumbrances 
shall 
be 
permitted 
without 
the 
prior 
written 
approval 
of 
the 
Board 
of 
Trustees. 


C. 
No 
Home, 
except 
those 
Homes 
utilized 
by 
the 
Developer 
as 
sales 
offices, 
administrative 
offices 
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E. 
No 
portion 
of 
the 
Entire 
Tract 
shall 
be 
used 
or 


maintained 
for 
the 
dumping 
of 
rubbish 
or 
debris. 
Trash, 
garbage 
and 
other 
waste 
shall 
be 
disposed 
of 
in 
containers 
approved 
by 
the 
Board 
of 
Trustees. 
Owners 
shall 
comply 
with 
any 
and 
all 
recycling 
regulations 
that 
are 
developed 
by 
the 


Board 
of 
Trustees. 


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Nothing 
shall 
be 
done 
or 
stored 
in 
any 
Home 
or 
in 
or 
upon 
the 
Common 
Property 
which 
will 
increase 
the 
rates 
of 
insurance 
of 
any 
Home 
or 
for 
the 
Entire 
Tract 
or 
the 
contents 
thereof 
or 
which 
will 
result 
in 
the 
cancellation 
of 
insurance 
on 
any 
Home 
or 
the 
contents 
thereof 
or 
which 
will 
be 
in 
violation 
of 
any 
law. 
Nothing 
shall 
be 
done 
in 
or 
to 
any 
Home 
or 
on, 
in 
or 
to 
the 
Common 
Property 
which 
Will 
impair 
the 
structural 
integrity 
of 
any' 
Home 
or 
which 
will 
structurally 
change 
any 
Home. 
In 
addition, 
no 
Owner 
shall 
have 
the 
right 
to 
paint, 
decorate 
or 
otherwise 
change 
the 
appearance 
of 
the 
exterior 
of 
his 
Home, 
or 
any 
portion 
of 
the 
Common 
Property 


without 
the 
prior 
written 
consent 
of 
the 
Board 
of 
Trustees. 
No 
Owner 
shall 
cause 
or 
permit 
any 
clotheslines, 
poles 
or 
clothes 
trees, 
clothes, 
sheets, 
blankets 
or 
laundry 
of 
any 
kind 
or 
other 
articles 
to 
be 
hung 
or 
displayed 
on 
the 
outside 
of 
windows 
or 
placed 
on 
the 
outside 
windowsills, 
walls, 
patio, 
deck 
or 
balconies 
of 
any 
Home, 
or 
other 
outside 
area 
of 
the 
Common 
Property. 


No 
noxious, 
immoral, 
improper, 
offensive 
or 
unlawful 
activity 
shall 
be 
carried 
on 
in 
or 
upon 
the 
Common 
Property 
or 
in 
any 
Home, 
nor 
shall 
anything 
be 
done 
therein 
either 
willfully 
or 


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negligently 
which 
may 
be 
or 
become 
an 
annoyance 
or 
nuisance 
to 
other 
Owners 
anywhere 
within 
the 
Entire 
Tract. 
All 
laws, 
zoning 
ordinances 
and 
regulations 
of 
all 
governmental 
bodies 
having 
jurisdiction 
over 
the 
Entire 
Tract 
shall 
be 
observed. 


M. 
Each 
Owner 
shall 
keep 
his 
Home 
in 
a 
good 
state 
of 
preservation 
and 
cleanliness. 
N. 
The 
construction 
of 
any 
deck, 
patio 
or 
porch 
shall 
require 
the 
prior 
approval 
of 
the 
Association 
and 
shall 
be 
in 
compliance 
with 
all 
governmental 
requirements. 
Said 
deck, 
patio 
or 
porch 
shall 
not 
be 
used 
for 
storage 
purposes 
including, 
but 
not 
limited 
to, 
the 
storage 
of 
major 
appliances, 
auto 
parts, 
storage 
containers 
or 
bicycles. 
The 
use 
of 
barbecues 
and/or 
other 
types 
of 
cooking 
apparatus 
are 
prohibited, 
except 
as 
may 
be 
permitted 
under 
applicable 
State 
and 
nmnicipal 
laws, 
regulations 
and 
ordinances. 


0. 
Nb 
Owner 
shall 
install 
any 
floodlights 
on 
the 
exterior 
of 
a 
Home 
without 
the 
prior 
written 
consent 
of 
the 
Board 
of 
Trustees. 


guard 
dogs) 
and 
cats 
not 
to 
exceed 
in 
the 
aggregate 
two 
per 
Home 
may 
be 
kept 
in 
Homes, 


-47_ 


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provided, 
however, 
they 
are 
not 
kept, 
bred 
or 
maintained 
for 
any 
commercial 
purposes. 
are 
housed 
petwithin 
the 
Home 
and 
the 
Owner 
having 
such 
abides 
by 
all 
applicable 
Rules 
and 
Regulations. 
No 
outside 
pens, 
runs 
or 
yards 
shall 
be 
permitted. 
Q. 
No 
commercial 
vans 
or 
trucks, 
which 
shall 
be 
deemed 
to 
include 
any 
vehicle 
bearing 
commercial 
signs, 
lettering 
or 
equipment, 
may 
park 
overnight 
on 
the 
Common 
Property 
or 
any 
Lot, 
except 
within 
a 
garage, 
and 
no 
vehicles 
over 
20 
feet 
in 
length, 
boats, 
trailers, 
campers, 
recreation 
vehicles, 
mobile 
homes, 
or 
recreational 
vehicles 
may 
be 
parked 
on 
any 
part 
of 
the 
Property 
except 
(i) 
in 
areas 
designated 
or 
to 
be 
designated 
by 
the 
Developer; 
(ii) 
for 
those 
vehicles 
temporarily 
on 
the 
Property 
solely 
for' 
purposes 
of 
loading 
or 
unloading“ 
or 
for 
servicing 
the 
Common 
Property 
itself 
or 
one 
of 
the 
Homes; 
and 
(iii) 
this 
restriction 
shall 
not 
apply 
to 
DevelOper, 
its 
employees, 
agents, 
contractors 
and 
servants. 
The 
Board 
of 
Trustees, 
through 
the 
promulgation, 
adoption 
and 
publication 
of 
Rules 
and 
Regulations, 
may 
and 
is 
hereby 
empowered 
to 
further 
define 
those 
vehicles 
that 
are 
prohibited 
from 
parking 
on 
the 
Property. 
R. 
No 
servicing 
or 
maintenance 
of 
any 
vehicle, 
boat 
or 
other 
item 
of 
personal 
property 
shall 
be 
-43573610.04 



performed 
anywhere 
on 
the 
Entire 
Tract, 
including 


Garage 
doors 
shall 
be 
kept 
closed 
at 
all 
times 
when 
a 
vehicle(s) 
or 
person(s) 
is 
not 
entering 
or 
leaving 
the 
garage. 
Draperies, 
blinds 
or 
curtains 
must 
be 
installed 
by 
each 
Owner 
on 
all 
windows 
of 
his 
Home 
and 
must 
be 
maintained. 
in 
said 
‘Nindows 
at 
all 
times 
except 
where 
the 
prior 
written 
consent 
of 
the 
Board 
of 
Trustees 
is 
obtained. 
No 
sign 
or 
signs 
shall 
be 
placed 
on 
any 
part 
of 
the 
Entire 
Tract 
advertising 
the 
Property 
for 
sale, 
rent 
or 
lease, 
or 
for 
any 
other 
purpose 
whatsoever 
except 
as 
provided 
in 
this 
Declaration. 
No 
sign 
of 
any 
type 
visible 
from 
the 
exterior 
of 
a 
Home 
shall 
be 
placed 
on 
the 
window 
surface 
of 
any 
Home, 
except 
by 
the 
Developer 
for 
marketing 
purposes 
during 
the 
ordinary 
course 
of 
business. 
In 
order 
to 
provide 
an 
orderly 
procedure 
in 
the 
case 
of 
title 
transfers, 
and 
to 
assist 
in 
the 


maintenance 
of 
a 
current, 
up 
to 
date 
roster 
of 
Owners, 
each 
Owner 
shall 
give 
the 
Secretary 
of 
the 
Association 
timely 
notice 
of 
his 
intent 
to 
list 
his 
Home 
for 
sale, 
and 
upon 
closing 
of 
title 
shall 
forthwith 
notify 
such 
Secretary 
of 
the 
names 
and 


home 
addresses 
of 
the 
purchasers. 


-49


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Beard 
of 
Trustees. 
Satellite 
dishes 
are 
allowed, 
subject 
to 
Board 
approval, 
if 
they 
are 
no 
larger 
than 
one 
meter 
in 
diameter 
and 
located 
in 
a 
location 
that 
will 
not 
interfere 
with 
the 
enjoyment 
of 
adjoining 
owners. 
Y. 
No 
vehicles 
shall 
be 
parked 
adjacent 
to 
or 
in 
any 
location 
which 
impedes 
access 
to 
any 
mailbox. 
Z. 
No 
'fences 
or 
sheds 
of 
any 
kind 
shall 
be 
constructed 
or 
placed 
anywhere 
on 
the 
Entire 
Tract. 
AA. 
An 
Owner 
may 
add 
planting 
beds, 
shrubs, 
and 
trees 
with 
the 
submission 
of 
a 
landscape 
plan 
to 
and 
the 
written 
approval 
of 
the 
Board; 
however, 
the 
planting 
of 
annuals 
shall 
not 
require 
the 
approval 
of 
the 
Board. 
The 
Owner 
of 
the 
Home 
shall 
be 
responsible 
for 
the 
maintenance 
of 
any 
approved 
plantings. 
No 
Owner 
shall 
remove 
any 
planting 
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installed 
by 
the 
Developer 
within 
the 
Common 


Property. 
The 
planting 
of 
fruits 
and 
vegetables 
is 
prohibited. 
The 
installation, 
maintenance 
and 
removal 
of 
permitted 
plantings 
shall 
be 
subject 
to 
the 
rules 
and 
regulations 
of 
the 
Association. 


BB. 
The 
Home 
and 
the 
Common 
Property 
shall 
be 
subject 
to 
all 
.applicable 
federal, 
state 
and. 
municipal 
laws. 
statutes. 
regulations 
and 
ordinances. 


None 
of 
the 
restrictions 
contained 
herein 
shall 
be 
construed 
to 


prohibit 
the 
reasonable 
adaptation 
of 
any 
Home 
for 
use 
by 
any 
eligible 
person 
pursuant 
to 
any 
applicable 
State 
and/or 
Federal 
law 
establishing 
such 
rights 
for 
the 
physically 
challenged, 
disabled 
and/or 
handicapped. 


Nothing 
shall 
be 
done 
to 
any 
Home 
or 
on 
or 
in 
the 
Entire 
Tract 
which 
will 
impair 
the 
structural 
integrity 
of 
any 
Home 
or 
which 
will 
structurally 
change 
any 
Home. 


9.02.33gtrictions 
on 
Legging. 
No 
Owner 
other 
than 
the 
Developer 
shall 
lease 
or 
enter 
into_an 
arrangement 
for 
use 
and/or 
occupancy 
of 
a 
Home 
for 
a 
term 
or 
period 
of 
less 
than 
three 
(3) 
months 
or 
more 
than 
one 
(1) 
year 
(except 
in 
the 
event 
of 
a 
lender 
in 
possession 
of 
a 
Home 
following 
a 
default 
in 
a 
First 
Mortgage, 
a 
foreclosure 
proceeding 
or 
a 
deed 
or 
other 
arrangement 
in 
lieu 
of 
foreclosure)
. 
Furthermore, 
no 
Owner 
shall 
permit 
the 
use 
and/or 
occupancy 
of 
a 
Home 
for 
transient 
or 
hotel 
purposes, 
which 
shall 
be 
defined 
as 
any 
rental 
or 
other 
arrangement 
for 
use 
and/or 
occupancy 
where 
the 
users 
or 
occupants 
of 
the 
Home 
are 
provided 
customary 
hotel 
services 
such 
as 
room 
service 
for 
food 


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the 
Association 
all 
rents 
due 
under 
the 
lease 
in 
the 
event 
of 
any 
delinquency 
in 
the 
payment 
of 
Common 
Expenses 
or 
other 
charges 
due 
and 
payable 
to 
the 
Association 
for 
more 
than 
thirty 
(30) 
days, 
including 
authorization 
for 
the 
tenant 
to 
pay 
such 
rents 
directly 
to 
the 
Association 
to 
the 
extent 
that 
such 
Common 
Expenses 
and 
other 
charges 
are 
due 
and 
payable 
to 
the 
Association 
with 
respect 
to 
the 
Home. 
moreover, 
no 
lease 
or 
occupancy 
of 
a 
Home 
shall 
be 
permitted. 
unless 
a 
true 
copy 
of 
the 
lease 
is 
furnished 
in 
advance 
to 
the 
Association, 
together 
with 
the 
current 
address 
and 
'phone 
numbers 
of 
both 
the 
Owner 
and 
the 
lessee. 
In 
addition, 
the 
Owner 
of 
the 
Home 
shall 
not 
have 
the 
right 
to 
utilize 
the 
Common 
Property 
during 
any 
period 
that 
said 
Home 
is 
rented. 
Every 
lease 
must 
also 
expressly 
state 
that 
the 


-52



an 
eviction, 
ejectment 
or 
other 
appropriate 
action 
against 
the 
tenant, 
user 
or 
occupant 
on 
account 
of 
such 
violation. 
Such 
action 
shall 
not 
be 
compromised 
or 
settled. 
without 
the 
prior 
written 
consent 
of 
the 
Association. 
In 
the 
event 
the 
Owner 
fails 
to 
fulfil% 
the 
foregoing 
obligations, 
the 
Association 
shall 
have 
the 
righti 
but 
not 
the 
duty, 
to 
institute 
and 
prosecute 
such 
action 
asiattorney—in-fact 
for 
the 
Owner 
and 
at 
the 
Owner's 
sole 
cost 
and 
expense, 
including 
all 
legal 
fees 
incurred. 
Such 
costs 
and 
expenses 
shall 
be 
due 
and 
payable 
upon 
demand 
by 
the 
Association 
as 
a 
Remedial 
Common 
Expense 
Assessment 
and 
shall 
be 
deemed 
to 
tonstitute 
a 
lien 
on 
the 
particular 
Home 
involved. 
The 
collection 
thereof 
may 
be 
enforced 
by 
the 
Board 
of 
Trustees 
in 


-53;



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the 
same 
manner 
as 
the 
Board 
of 
Trustees 
is 
entitled 
to 
enforce 


collection 
of 
other 
Remedial 
Common 
Expense 
Assessments. 


By 
execution 
of 
a 
deed 
to 
any 
Home 
conveyed 
by 
the 
Developer 


or 
by 
the 
acceptance 
of 
a 
deed 
to 
any 
Home 
conveyed 
by 
an 
Owner 
other 
than 
the 
Developer, 
each 
Owner 
does 
thereby 
automatically 


and 
irrevocably 
name, 
constitute, 
appoint 
and 
confirm 
the 
Board 
of 
Trustees 
as 
his 
attorney—in~fact 
for 
the 
purposes 
described 
in 
Each 
Owner 
declares 
and 
acknowledges 
that 
this

this 
Section. 
power 
of 
attorney 
is 
coupled 
with 
an 
interest 
in 
the 
subject 


matter 
and 
shall 
be 
deemed 
to 
run 
with 
title 
to 
the 
Home. 
In 
spite 
of 
anything 
to 
the 
contrary 
in 
this 
Section 
9.02, 


all 
leasing 
or 
other 
arrangement 
for 
the 
use 
and/or 
occupancy 
for 
a 
Home 
shall 
satisfy 
the 
requirements 
of 
Section 
9.04. 
Provided 
that 
the 
lease 
or 
other 
arrangement 
for 
use 
and/or 
occupancy 
of 
a 
Home 
otherwise 
complies 
with 
Section 
9.04 
of 
this 
Declaration, 


the 
restrictions 
on 
the 
length 
of 
the 
term 
of 
the 
leasing 
or 
other 
arrangement 
for 
use 
and/or 
occupancy 
of 
a 
Home 
shall 
not 
apply 
to 
any 
arrangement 
between 
(a) 
a 
parent 
and 
child} 
or 
(b) 


siblings. 


9.03.Restrictiog
§ 
on 
Alterations. 
No 
Owner 
(other 
than 
the 
Developer) 
may 
make 
any 
structural 
additions, 
alterations 
or 


improvements 
in 
or 
to 
his 
Home 
or 
upon 
or 
to 
the 
Common 
Property, 
or 
impair 
any 
easement 
of 
record 
or 
referred 
to 
in 
this 


Declaration 
without 
the 
prior 
written 
consent 
of 
the 
Board 
of 
Trustees. 
No 
additional 
changes 
are 
permitted 
to 
the 
Home 
unless 
permitted 
by 
the 
zoning 
ordinances 
of 
the 
Township 
of 
Egg 
Harbor 


-54.
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or. 
in 
order 
to 
make 
the 
Home 
handicapped 
accessible 
under 
applicable 
law. 
Despite 
the 
foregoing, 
while 
the 
Developer 
maintains 
a 


majority 
on 
the 
Board 
of 
Trustees, 
it 
shall 
make 
no 
additions, 
alterations, 
improvements 
or 
purchases 
which 
would 
necessitate 
a 
Special 
Common 
Expense 
Assessment 
unless 
necessitated 
by 
emergency 
or 
required 
By 
a 
governmental 
agency, 
title 
insurance 
company, 
or 
Institutional 
Lender. 


The 
Architectural 
Control 
Committee, 
if 
established 
by 
the 
Board 
of 
Trustees. 
shall 
have 
the 
obligation. 
to 
answer 
any 
written 
requests 
received 
by 
it 
from 
a 
Owner 
for 
approval 
of 
a 
proposed 
structural 
addition, 
alteration 
or 
improvement 
in 
or 
to 


his 
Home 
within 
seventy~fivet75) 
days 
(or 
one 
hundred 
and 
twenty 


(120) 
days 
for 
so 
long 
as 
the 
Board 
is 
controlled 
by 
the 
so 
within 
the 
stipulated 
time 
shall 
constitute 
an 
approval 
of 
the 


-55


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-56..
. 



be 
fifty—five 
(55) 
years 
of 
age 
or 
older. 
However, 
in 
the 
event 
the 
aforesaid. 
restrictions 
are 
subsequently 
amended. 
by 
court 
order 
or 
otherwise 
to 
permit 
additional 
classes 
of 
residents, 
the 
Association 
reserves 
the. 
right 
to 
permit 
residency 
by 
such 
persons 
as 
shall 
be 
required. 
Despite 
anything 
to 
the 
contrary 
in 
the 
Declaration 
or 
By—Laws, 
no 
Home 
may 
be 
occupied 
by 
any 
child 
under 
the 
age 
of 
19 
years 
unless, 
despite 
anything 
to 
the 
contrary, 
such 
person 
is 
a 
handicapped 
dependent 
protected 
by 
the 
Fair 
Housing 
Act. 
Exceptions 
to 
the 
foregoing 
age 
restrictions 


may 
be 
granted 
in 
particular 
cases 
by 
the 
Developer 
or 
the 
Association, 
in 
accordance 
with 
Section 
9.04C. 
C. 
Approval 
Procedures. 
(i) 
It 
shall 
be 
the 
duty 
of 
the 
Developer, 
in 
connection 
with 
the 
initial 
occupancy 
of 
Homes, 
and 
of 
the 


Association 
as 
to 
all 
subsequent 
occupancy 
of 
Homes, 
to 
enforce 
the 
Declaration 
and 
this 
Article 
Ix 
so 
that 
at 
all 
times 
the 


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-59


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decisions 
of 
the 
Board 
after 
the 
hearing 
shall, 
as 
with 
the 
initial 
decision, 
be 
set 
forth 
in 
writing. 
The 
Board 
must 
render 
said 
decision 
in 
writing 
within 
five 
(5) 
days 
of 
the 
scheduled 


(iv) 
Upon 
receipt 
of 
any 
application 
for 
the 
transfer, 
sale, 
gift, 
grant, 
occupancy, 
or 
rental 
of 
any 
Heme, 
the 
Board 
Shall: 
(a) 
Obtain 
verification 
of 
age 
of 
all 
proposed 
residents 
of 
the 
Home, 
such 
verification 
to 
consist 
of 
copies 
of 
driver's 
licenses, 
birth 
certificates, 
or 
similar 
recognized 
substantiation. 
No 
approval 
shall 
be 
granted, 
and 
no 
application 
shall 
be 
deemed 
complete, 
unless 
and 
until 
all 
prOposed 
residents 
shall 
have 
submitted 
age 
verification 
as 
contemplated 
by 
this 
subparagraph.
' 
(b) 
If 
the 
proposed 
residents 
of 
the 
Home 
meet 
the 
restrictions 
of 
Section 
9.04 
B 
(i.e.
, 
at 
least 
one 
member 
of 
a 
couple 
is 
over 
the 
age 
of 
55 
years, 
or 
one 
adult 
is 
under 
55 
years 
if 
the 
presence 
of 
such 
person 
is 
essential 
to 
the 
physical 
-59


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authority 
to 
approve 
and 
shall 
not 
approve 
any 
application 
if: 


1. 
any 
proposed 
resident 
child 
is 
under 
the 
age 
of 
19 
years; 
or 
2. 
to 
approve 
the 
application 
would 
cause 
or 
threaten 
to 
cause 
the 
Community 
to 
have 
less 
than 
80% 
of 
its 
Homes 
occupied 
by 
at 
least 
one 
person 
over 
the 
age 
of 
55 
years, 
or 
otherwise 
to 
fail 
to 
continue 
to 
qualify 
for 
the 
“55 
or 
Over 
HouSing" 
for 
older 
persons 
exemption 
under 
the 
Fair 
Housing 
Act. 
(v) 
The 
Board 
shall 
be 
obligated 
to 
conduct 
an 
occupancy 
survey 
every 
two 
years 
as 
required 
by 
24 
CPR 
Section 
100.37 
in 
order 
to 
qualify 
for 
the 
“55 
or 
Over 
Housing” 
for 
older 
persons 
exemption 
under 
the 
Housing 
for 
Older 
Persons 
Act 
of 
1995 
(U.S.C.A. 
Section 
3607)
. 
A 
form 
of 
Compliance 
Affidavit 
appears 
as 
Exhibit 
E 
to 
this 
Declaration. 
-60.
. 


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9.05.Rules 
and 
Regplgtions 
and 
zines. 
The 
Board 
of 
Trustees 
is 
hereby 
empowered 
to 
promulgate, 
adopt 
and 
publish 
such 
Rules 
and 
Regulations 
as 
may 
be 
necessary 
to 
carry 
out 
the 
intent 
of 
the 
restrictions 
established 
in 
Sections 
9.01 
to 
9.04 
of 
this 
Declaration 
and 
shall 
have 
the 
right 
to 
bring 
law 
suits 
suffered 
by 
the 
Developer 
as 
a 
result 
of 
such 
action 
to 
enforce 
the 
Rules 
and 
Regulations 
so 
established. 
Without 
limiting 
the 
foregoing, 
to 
the 
extent 
that 
New 
Jersey 
law 
may 
permit, 
the 
Architectural 
Control 
Committee 
or 
the 
Board, 
whichever 
is 
applicable, 
shall 
further 
have 
the 
right 
to 
levy 
fines 
for 
violations 
of 
the 
Governing 
Documents, 
provided 
that 
the 
fine 
for 
a 
single 
violation 
may 
not, 
under 
any 
circumstances, 
exceed 
the 
maximum 
amount 
permitted 
by 
law. 
Each 
day 
that 
a 
violation 
continues 
after 
receipt 
of 
notice 
by 
the 
Owner 
may 
be 
considered 
a 
separate 
violation. 
Any 
fine 
so 
levied 
shall 
be 
considered 
as 


a 
Remedial 
Common 
Expense 
Assessment 
to 
be 
levied 
against 
the 
particular 
Owner 
involved, 
and 
collection 
may 
be 
enforced 
by 
the 
Board 
of 
Trustees 
in 
the 
same 
manner 
as 
the 
Board 
is 
entitled 
to 
enforce 
collection 
of 
other 
Common 
Expense 
Assessments. 


ARTICLE 
X 
PROTECTIVE 
PROVISIONS 
FOR 
THE 
BENEFIT 
OF 
ELIGIBLE 
MORTGAGE 
HOLDERS 


10.01. 
General. 
Despite 
anything 
to 
the 
contrary 
in 
this 
Declaration, 
the 
By~Laws 
or 
the 
Certificate 
of 
Incorporation, 
the 
provisions 
of 
this 
Article 
X 
shall 
apply 
with 
respect 
to 
each 
Eligible 
Mortgage 
Holder. 
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10.03. 
fl 
otige. 
Upon 
written 
request 
to 
the 
Association, 
identifying 
the 
name 
and 
address 
of 
the 
eligible 
mortgage 
holder, 
insurer 
or 
guarantor 
'and 
the 
Owner 
or 
designation 
of 
the 
particular 
Home, 
any 
eligible 
mortgage 
holder, 
insurer 
or 
guarantor 
of 
a 
first 
mortgage 
lien 
on 
a 
Home 
shall 
be 
entitled 
to 
timely 
written 
notice 
of: 


A. 
any 
proposed 
amendment 
to 
the 
Certificate 
of 
Incorporation, 
the 
By-Laws 
or 
this 
Declaration; 
B. 
any 
condemnation 
loss 
or 
casualty 
loss 
which 
affects 
either 
a 
netsrial 
portion 
of 
the 
Common 
Property 
or 
any 
Home 
securing 
the 
Eligible 
Mortgage 
Holder's 
Mortgage: 
and 
no 
Owner 
or 
other 
party 
shall 
have 
priority 
over 
such 
Eligible 
-52, 
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event 
of 
casualty 
loss; 


A. 
E. 


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Declaration; 


L. 
rights 
to 
the 
use 
of 
Common 
Property; 
M. 
any 
provisions 
that 
expressly 
’benefit 
Eligible 
Mortgage 
Holders; 
or 
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N. 
assessment 
allocations, 
assessment 
liens 
or 
subordination 
of 
assassment 
liens. 
10.05. 
Prior 
Written. 
Approval 
of 
67% 
of 
Elioible 
Mortgage 
Holders. 
The 
prior 
written 
approval 
of 
at 
least 
sixty—seven 
(67%
) 
percent 
of 
the 
Eligible 
Mortgage 
Holders 
is 
required 
before 
the 
effectuation 
of 
any 
decision 
by 
the 
Owners 
to 
terminate 
the 
Declaration. 
10.06. 
Notice 
of 
Non—material 
Amendment. 
Any 
Eligible 
Mortgage 
Holder 
shall 
not 
receive 
notice 
from 
the 
Association, 
of 
any 
proposed 
non—material 
amendment 
to 
this 
Declaration, 
the 
By~Laws 
or 
the 
Certificate 
of 
Incorporation 
of 
the 
Association. 
10.07. 
99mmon 
Expense 
Lien 
Subordinate. 
Except 
to 
the 
extent 
permitted 
by 
any 
applicable 
law 
authorizing 
the 


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the 
Association 
during 
normal 
business 
hours 
subject 
to 
such 
reasonable 
rules 
and 
regulations 
as 
may 
be 
established 
by 
the 
Board: 
and 
(ii) 
receive 
an 
annual 
audited 
financial 
statement 
of 


the 
Association 
within 
ninety 
(90) 
days 
following 
the 
end 
of 
any 


fiscal 
year 
of 
the 
Association. 
‘ 


A 


10.09. 
Notice 
of 
Meetings. 
Any 
Eligible 
Mortgage 
Holder 
shall 
receive 
written 
notice 
of 
all 
meetings 
of 
the 
Association 
and 
be 
permitted 
to 
designate 
a 
representative 
to 
attend 
all 
such 
meetings. 


10-10.W-

Any 
Mortgage 
Holder 
that 
obtains 
title 
to 
a 
Home 
as 
a 
result 
of 
foreclosure 
of 
the 
First 
Mortgage, 
or 
by 
deed 
or 
assignment 
in 
lieu 
of 
foreclosure, 
or 
any 
purchaser 
in 
a 
foreclosure 
sale, 
or 
their 
respective 
successors 
and 
assigns, 
is 
not 
liable 
for 
the 
share 
of 
Common 
Expenses 
or 
other 
assessments 
by 
the 
Association 
pertaining 
to 
such 
Home 
or 
chargeable 
to 
the 
former 
Owner 
which 


became 
due 
prior 
to 
acquisition 
of 
title. 
Such 
unpaid 
share 
of 
Common 
Expenses 
and 
other 
assessments 
shall 
be 
deemed 
to 
be 
Common 
Expenses 
collectible 
from 
all 
of 
the 
remaining 
Owners 
including 
such 
acquirer, 
his 
successors 
and 
assigns. 


10.11. 
Management 
Agreements. 
The 
term 
of 
any 
management 
agreement 
for 
the 
Common 
Property 
shall 
not 
exceed 
two 
(2) 
years 
and 
shall 
provide 
for 
the 
Association's 
ability 
to 
terminate 
same 
without 
penalty, 
and 
with 
or 
without 
cause, 
at 
the 
end 
of 
the 
month 
following 
the 
month 
in 
which 
a 
notice 
of 
termination 
is 
given. 
573610.04 



10.12. 
Common 
Egpense 
Default. 
Despite 
the 
absence 
of 
any 
express 
provision 
to 
such 
effect 
in 
any 
Mortgage 
instrument, 
in 
the 
event 
that 
there 
is 
any 
default 
in 
the 
payment 
of 
any 
installment 
of 
any 
assessment 
with 
respect 
to 
any 
Home, 
any 
Mortgage 
Holder 
holding 
a 
Mortgage 
which 
encumbers 
such 
Home 
shall 
be 
entitled 
to 
declare 
such 
Mortgage 
in 
default 
in 
the 
same 
manner 
that 
is 
permitted 
by 
such 
MOrtgage 
with 
reSpect 
to 
any 
default 
in 
the 
payment 
of 
real 
estate 
taxes. 


ARTICLE 
XI 
DEVELOPER’S 
RIGHTS 
AND 
OBLIGATIONS 


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sublease 
any 
unsold 
Homes 
within 
the 
Entire 


Homes 
in 
the 
Entire 
Tract 
for 
sale 
in 
the 
ordinary 
course 
of 
business; 


(b) 
The 
right 
to 
use 
one 
or 
more 
Homes 
as 
models 
or 
a 
sales 
office 
or 
both 
and 
the 
right 
to 
post 
signs 
and 
other 
advertising 
material 
until 
it 
has 
sold 
the 
last 
Home 
within 
the 
Entire 
Tract, 
as 
fully 
developed. 
The 
Developer 
reserves 
the 
right 
to 
use 
the 
Clubhouse 
for 
marketing 
purposes 
until 
it 
has 
sold 
the 
last 
Home 
within 
the 
Entire 
Tract, 
as 
fully 
developed. 
however, 
the 
time 
to 
exercise 
such 
rights 
shall 
in 
no 
event 
exceed 
ten 
(10) 
years 
from 
the 
date 
of 
recordation 
of 
the 
Declaration 
during 
the 
ordinary 
course 
of 
business 
. 


11.03. 
Transfer 
of 
SQecial 
Develgger's 
Rights. 
No 
special 
rights 
created 
or 
reserved 
to 
the 
Developer 
under 
this 
Declaration 
(“Special 
Developer's 
Rights”
) 
may 
be 
transferred 
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except 
by 
an 
instrument 
evidencing 
the 
transfer 
recorded 
in 
the 
Office 
of 
the 
Atlantic 
County 
Clerk, 
New 
Jersey. 
The 
instrument 
shall 
not 
be 
effective 
unless 
executed 
by 
the 
transferee. 


11.04. 
Liability 
of 
Transferor. 
Upan 
transfer 
of 
any 
such 
Special 
Developer’s 
Right, 
the 
liability 
of 
the 
transferor 
is 
as 
follows: 
A. 
A 
transferor 
is 
not 
relieved 
of 
any 
obligation 
or 
liability 
arising 
before 
the 
transfer 
and 
remains 
liable 
for 
warranty 
obligations 
imposed 
upon 
it. 
Lack 
of 
privity 
does 
not 
deprive 
any' 
Owner 
of 
standing 
to 
bring 
an 
action 
to 
enforce 
any 
obligation 
of 
the 
transferor. 
B. 
If 
a 
transferor 
retains 
any 
such 
Special 
Developer’s 
Right, 
or 
if 
a 
successor 
to 
any 
such 
Special 
Developer’s 
Right 
is 
an 
Affiliate 
of 
the 
Developer, 
the 
transferor 
is 
subject 
to 
liability 
for 
all 
obligations 
and 
liabilities 
imposed 
on 
a 
Developer 
or 
by 
the 
Declaration, 
arising 
after 
the 


_69— 


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transferor. 


such 
Special 
Developer’s 
Rights 
or 
only 
to 
any 
such 
Special 


Developer’s 
Rights 
to 
neintain 
models, 
sales 
offices 
and 
signs. 
The 
judgment 
or 
instrument 
conveying‘ 
title 
shall 
provide 
for 
transfer 
of 
only 
the 
Special 
Developer's 
Rights 
requested. 


11.06. 
Right 
to 
Incorporate 
Additional 
Sections 
and 
Homes 
Into 
Community. 
Despite 
anything 
contained 
in 
this 
Declaration, 
and 
subject 
to 
all 
required 
governmental 
approvals, 
if 
any, 
the 
Developer, 
on 
behalf 
of 
itself, 
its 
successors 
and 
assigns, 
hereby 
reserves 
the 
right, 
for 
a 
period 
of 
ten 
(10) 
years 
from 
the 
date 
of 
the 
recording 
of 
this 
Declaration, 
to 
develop 
some 
or 
all 
of 
the 
undeveloped 
portions 
of 
the 
Entire 
Tract, 
to 
incorporate 
additional 
Homes 
and/or‘ 
modify 
existing 
Homes, 
to 
incorporate 
additional 
site 
improvements 
and/or 
to 
modify 
existing 
site 
improvements 
into 
the 
Entire 
Tract 
by 


recording 
one 
or 
more 
Amendments 
and 
Supplements 
to 
this 
Declaration 
without 
the 
consent 
of 
the 
Board 
of 
Trustees, 
the 
Association, 
any 
Owner, 
any 
Institutional 
Lender, 
or 
any 
other 
party 
holding 
a 
legal 
or 
equitable 
interest 
in 
the 
Entire 
Tract 


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to 
incorporate 
within 
the 
Entire 
Tract 
some 
or 
all 
of 
the 
Entire 
Tract 
and 
to 
incorporate 
additional 
Sections, 
phases, 
Lots, 
Homes, 
and 
site 
improvements 
and, 
thereby, 
to 
subject 
same 
to 
the 
Planned 
Real 
Estate 
Full 
Disclosure 
Act 
and 
the 
terms 
and 
provisions 
of 
this 
Declaration. 
Such 
incorporation 
may 
result 
in 
the 
Entire 
Tract 
consisting 
of 
up 
to 
three 
hundred 
and 
ninetyu 
seven 
(397) 
Homes 
as 
now 
or 
hereafter 
approved 
for 
development 
upon 
the 
Entire 
Tract 
by 
Resolutions 
of 
the 
Planning 
Board 
of 
the 
Township 
of 
Egg 
Harbor. 
The 
actual 
development 
of 
the 
Entire 
Tract 
will 
be 
subject 
to 
regulation 
by 
those 
governmental 
authorities 
having 
jurisdiction 
of 
same; 
however, 
the 
Developer 
hereby 
reserves 
the 
right 
to 
seek 
modification 
and/or 
amendment 
of 
the 
ReSolution 
and 
the 
development 
plan 
from 
time 
to 
time. 
Such 
modification 
and/or 
amendment 
may 
include 
changing 
the 
aggregate 
number 
of 
Homes 
contemplated 
for 
the 
Entire 
Tract 
or 
of 
any 
Section 
of 
development 
thereof 
as 
well 
as 
the 
configuration; 
design; 
ndx; 
materials, 
including 
the 
material 
currently 
specified 
as 
the 
surface 
material 
for 
the 
existing 
proposed 
6 
foot 
side 
natural 
wood 
chip 
trail; 
model 
type; 
floor' 
plans; 


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Entire 
Tract. 
The 
Developer’s 
reserved 
right 
to 
incorporate 


additional 
Homes 
as 
part 
of 
the 
Entire 
Tract 
shall 
be 
exercised 


by 
the 
Developer 
by 
the 
recordation 
in 
the 
Atlantic 
County 


Clerk’s 
Office 
of 
an 
appropriate 
Amendment 
and 
Supplement 
to 
this 


Declaration 
expressly 
incorporating 
the 
additional 
Homes 
into 
the 


Entire 
Tract. 
Any 
such 
Amendment 
and 
Supplement 
shall 
include 


such 
amendatory, 
supplemental 
or 
replacement 
exhibits 
as 
are 


necessary 
to 
legally 
and 
graphically 
identify 
the 
additional 


Homes. 
When 
recorded, 
any 
such 
Amendment 
and 
Supplement 
shall 
be 


fully 
binding 
upon 
all 
contract 
purchasers, 
Owners. 
holders 
of 


mortgages 
encumbering 
Homes 
and 
any 
other 
lienholder 
or 
party 


having 
a 
legal 
or 
equitable 
interest 
in 
the 
Entire 
Tract. 


11.07. 
Eoreclosure, 
Bankruptcy, 
Receivexship. 
Upon 
foreclosure, 
sale 
by 
a 
trustee 
under 
a 
deed 
of 
trust 
or 
sale 
under 
any 
bankruptcy 
or 
receivership 
proceedings 
of 
all 
Homes 
in 
the 
Entire 
Tract 
owned 
by 
Developer: 
A. 
the 
Developer 
ceases 
to 
have 
any 
such 
Special 
Developer’s 
Rights, 
and 
B. 
the 
period 
of 
DevelOper 
control 
terminates 
unless 
the 
judgment 
or 
instrument 
conveying 
title 
provides 
for 
transfer 
of 
all 
such 
Special 
Developer's 
Rights 
to 
a 
successor 
to 
Developer. 
11.08. 
Liability 
of 
Successors. 
The 
liabilities 
and 
obligations 
of 
persons 
or 
entities 
who 
succeed 
to 
all 
Special 
Developer’s 
Rights 
as 
follows: 
A. 
A 
successor 
to 
all 
such 
Special 
Developer’s 
Rights 
' 
which 
is 
an 
Affiliate 
of 
the 
Developer 
is 
subject 
-72


573610.04 



to 
all 
obligations 
and 
liabilities 
imposed 
on 
any 
Developer 
by 
law 
or 
by 
the 
Declaration. 


B. 
A 
successor 
to 
all 
such 
Special 
Developer's 
Rights, 
other 
than 
a 
successor 
described 
in 
subparagraphs 
C 
and 
D 
which 
is 
not 
an 
Affiliate 
of 
the 
Developer, 
is 
subject 
to 
all 
obligations 
and 
liabilities 
imposed 
upon 
the 
Developer 
by 
law 
or 
this 
Declaration, 
but 
it 
is 
not 
subject 
to 
liability 
for 
ndsrepresentations 
or 
warranty 
obligations 
on 
improvements 
made 
by 
any 
previous 
_Developer 
or 
made 
before 
the 
Property 
was 
created 
or 
for 
a 
breach 
of 
fiduciary 
obligation 
by 
any 
previous 
Developer. 


C. 
If 
it 
is 
not 
an 
,Affiliate 
of 
the 
Developer, 
a 
successor 
to 
only 
a 
Special 
Developer’s 
Right 
to 
maintain 
models, 
sales 
offices 
and 
signs 
may 
not 
exercise 
any 
other 
Special 
Developer’s 
Right, 
but 
is 
not 
subject 
to 
any 
liability 
or 
obligation 
as 
a 
Developer. 


D. 
A 
successor 
to 
all 
Special 
Developer's 
Rights 
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12.01. 
Duration. 
The 
provisions 
of 
this 
Declaration 
shall 
be 
perpetual 
in 
duration, 
shall 
run 
with 
and 
bind 
all 
of 
the 
land 
incorporated 
within 
the 
Entire 
Tract 
and 
shall 
inure 
to 
administrators, 
and 
personal 
representatives, 
except 
that 
the 
covenants 
and 
restrictions 
set 
forth 
in 
Section 
9.01 
shall 
have 
an 
initial 
term 
of 
forty 
(40) 
years 
from 
the 
date 
this 


-74



Declaration. 
is 
recorded 
in 
the 
office 
of 
the 
Atlantic 
County 
Clerk, 
at 
the 
end 
of 
which 
period 
such 
covenants 
and 
restrictiOns 
shall 
automatically 
be 
extended 
for 
successive 
periods 
of 
ten 


(10) 
years 
each, 
unless 
at 
least 
two-thirds 
(2/3) 
in 
interest 
of 
the 
Owners 
at 
the 
time 
of 
expiration 
of 
the 
initial 
period, 
or 
of 
any 
extension 
period, 
shall 
sign 
an 
instrument 
or 
instruments 
(which. 
may 
be 
in 
counterparts) 
in. 
which 
they 
shall 
agree 
to 


Tract)
. 


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Township 
of 
Egg 
Harbor. 
No 
amendment 
shall 
be 
effective 
until 


recorded 
in 
the 
Office 
of 
the 
Atlantic 
County 
Clerk. 
This 
Section 


is 
by 
way 
of 
supplement 
to 
and 
not 
in 
derogation 
of 
the 
powers 
of 


amendment 
reserved 
to 
Developer 
pursuant 
to 
Articles 
VIII 
and 
XI 


hereof. 
In 
the 
alternative, 
an 
amendment 
may 
be 
made 
by 
an 


agreement, 
signed 
and 
acknowledged 
by 
all 
of 
the 
Owners 
in 
the 


manner 
required 
for 
the 
exeCution 
of 
a 
deed, 
and 
Such 
amendment 


shall 
be 
effective 
when 
recorded 
in 
the 
office 
of 
the 
Atlantic 


County 
Clerk, 
New 
Jersey. 
Despite 
the 
foregoing, 
any 
amendment 


so 
requiring 
it 
under 
the 
provisions 
of 
Article 
XI, 
shall 
also 


have 
the 
prior 
written 
approval 
of 
fifty-one 
(51%
) 
percent 
of 
the 


Eligible 
Mortgage 
Holders. 


12.03. 
Enforcement. 
In 
addition 
to 
the 
other 
remedies 
provided 
to 
the 
Association 
under 
the 
V 
Governing 
Documents 
or 
by 
law, 
enforcement 
of 
this 
Declaration 
shall 
be 
by 
any 
appropriate 
proceeding 
in 
law 
or 
equity 
in 
any 
court 
or 
administrative 
tribunal 
having 
jurisdiction 
against 
any 
person 
or 
persons, 
firm 
or 
corporation 
violating 
or 
attempting 
to 
violate 
any 
covenant 
herein 
contained 
either 
to 
restrain‘or 
enjoin 
such 
violation 
or 
threatened 
violation 
or 
to 
recover 
damages 
and 
against 
any 
Owner 
to 
enforce 
any 
lien 
created 
by 
this 
Declaration 
or 
any 
covenant 
herein 
contained. 
Failure 
by 
the 
Association 
or 
any 
Member 
thereof 
to 
enforce 
any 
covenant 
herein 
contained 
for. 
any' 
period 
of 
time 
shall 
in 
no 
event 
be 
deemed. 
a 
waiver 
or 
estoppel 
of 
the 
right 
to 
thereafter 
enforce 
the 
same. 
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12.04. 
Maintenange 
by 
NMnicipality. 
In 
the 
event 
the 
Property 
is 
not 
maintained 
in 
reasonable 
order 
and 
condition, 
the 
Township 
of 
Egg 
Harbor 
shall 
have 
the 
right 
to 
enter 
upon 
and 
maintain 
it. 
The 
assumption 
of 
such 
maintenance 
responsibility 
shall 
be 
in 
accordance 
with 
the 
procedure 
set 
forth 
in 
flégygpg. 
'40:55D-43(b)
. 
The 
cost 
of 
same 
shall 
be 
assessed, 
enforced 
and 
collected 
in 
accordance 
with 
the 
provisions 
of 
w. 
40:55D—43(c)
. 
Despite 
any 
limitations 
as 
to 
the 
applicability 
of 
N.JiS.A. 
40:55Du43(b) 
and 
(c) 
to 
the 
maintenance 
of 
“open 
space"
, 
provisions 
of 
this 
Section 
shall 
be 
deemed 
to 
apply 
to 
all 
maintenance 
obligations 
as 
set 
forth 
in 
this 
Declaration. 
The 
cost 
of 
such 
maintenance 
by 
the 
nmnicipality 
shall 
be 
assessed 


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12.08. 
Rule 
Against 
Perpetuitieg. 
If 
any 
provision 
of 
this 
Declaration 
or 
the 
By-Laws 
shall 
be 
interpreted 
to 
constitute 
a 
violation 
of 
the 
rule 
against 
perpetuities,
‘ 
such 
provision 
shall 
be 
deemed 
to 
remain 
in 
effect 
until 
the 
death 
of 
the 
last 
survivor 
of 
the 
now 
living 
descendants 
of 
George 
Herbert 
Walker 
Bush, 
former 
President 
of 
the 
United 
States 
of 
America, 
plus 
twenty—one 
(21) 
years 
thereafter. 


12.09. 
Notice 
-Association. 
Unless 
a 
particular 
document 
permits 
Or 
requires 
a 
particular 
notice 
to 
be 
given 
or 
served 
in 
a 
different 
manner, 
notice 
permitted 
or 
required 
to 
be 
-73


Book12355 
CFN#2006057025 
‘ 
Page 
84 
of 
155 



receipt 
requested 
and 
sufficient 
prepaid 
postage 
affixed 
thereto, 


addressed 
to 
the 
current 
Secretary 
or 
corporate 
Registered 
Agent 
of 
the 
Association 
as 
reflected 
in 
the 
official 
records 
of 
the 
New 
Jersey 
Secretary 
of 
State 
as 
of 
the 
date 
such 
notice 
is 


12.10. 
Conflict. 
In 
the 
event 
of 
a 
conflict 
of 
interpretation 
between 
the 
provisions 
set 
forth 
in 
this 
Declaration 
and 
the 
By—Laws, 
this 
Declaration 
shall 
govern. 
In 
the 
event 
any 
provision 
of 
this 
Declaration 
is 
in 
conflict 
with 
any 
mandatory 
provision 
of 
any 
applicable 
federal, 
State, 
County 
or 
municipal 
statute, 
regulation, 
resolution, 
ordinance 
or 
other 
judicial, 
legislative 
or 
executive 
“law”
, 
the 
terms 
of 
such 
statute, 
regulation, 
ordinance 
or 
other 
law 
shall 
govern. 
In 
the 
event 
that 
either 
the 
Fair 
Housing 
Act 
is 
hereafter 
amended 
or 
changed, 
both 
the 
Declaration 
and 
the 
By-Laws 
shall 
be 
interpreted 
in 
such 
a 
manner 
as 
to 
conform 
to 
the 
provisions 
of 
the 
Fair 
Housing 
Act 
with 
respect 
to 
“55 
or 
Over 
Housing" 
for 


older 
persons, 
it 
being 
the 
intention 
to 
maintain 
the 
“55 
or 
Over 


Housing" 
for 
older 
persons 
exemption 
for 
the 
Community 
under 
the 


Fair 
Housing 
Act. 


12.1l. 
Exhibits. 
Attached 
hereto 
and 
made 
a 
part 
hereof 
are 
the 
following 
Exhibits: 


-79


573610.04 


Book12355 
CFN#2006057025' 
Page 
85 
of 
155 



A 


Mill 


EXHIBIT 
A—
l 
EXHIBIT 
B 


EXHIBIT 
C 
EXHIBIT 
D 


Affidavit 


-80.
. 


573610.04 



IN 
WITNESS 
WHEREOF, 
the 
Developer 
has 
caused 
this 
Declaration 
to 
be 
executed 
on 
the 
date 
first 
mentioned 
above. 


D.R. 
HORTON, 
INC. 
-NEW 
JERSEY 
a 
Delaware 
Corporation 
ATTEST: 


-N
» 


Mitdhell 
Newdafi, 
4//A1 
Garfall“
” 
Assistant 
Secretary 
President 


573510.04 
-31Book12355 
CFN#20060570251 
Page 
87 
of 
155 



STATE 
OF 
NEW 
JERSEY 
) 
sustmmnav 
)SS—=
COUNTY 
OF 
MBNMUUTH 
) 


I 
amAflrsa_ 
Cartons 
, 
an 
officer 
authorized. 
to 
take 


acknowledgments 
and 
proofs 
in 
this 
State. 


On 
3‘33, 
S" 
, 
2006, 
MITCHELL 
NEW 
(the 
“Witness”
) 


appeared 
before 
me 
in 
person. 
The 
Witness 
was 
duly 
sworn 
by 
He 
according 
to 
law 
under 
oath 
and 
stated 
and 
proved 
to 
my 
satisfaction 
that: 


l. 
The 
Witness 
is 
the 
Assistant 
Secretary 
of 
D.Ru 
HORTON, 
INC. 
— 
NEW 
JERSEY 
(the 
“Corporation”
) 
which 
is 
the 
Grantor 
in 
this 
Declaration 
of 
Covenants 
and 
Restrictions. 
2. 
The 
officer' 
who 
signed 
this 
Declaration 
is 
the 
President 
of 
the 
Corporation. 
3. 
The 
making, 
signing, 
sealing 
and 
delivery 
of 
this 
Declaration 
have 
been 
duly 
authorized 
by 
a 
proper 
resolution 
of 
the 
Board 
of 
Directors 
of 
the 
Corporation. 
4. 
The 
Witness 
knows 
the 
corporate 
seal 
of 
the 
Corporation. 
The 
seal 
was 
affixed 
to 
this 
Deed 
by 
the 
Corporate 
Officer. 
The 
Corporate 
Officer 
signed 
and 
delivered 
this 
Deed 
as 
and 
for 
the 
voluntary 
act 
and 
deed 
of 
the 
Corporation. 
All 
this 
was 
done 
in 
the 
presence 
of 
the 
Witness 
who 
signed 
this 
Declaration 
as 
attesting 
witness. 
The 
Witness 
signs 
this 
proof 


I 
Sworn 
to 
and 
Subscri 
ed 
Mitchell 
Newman 


efore 
me 
0 
this 


Assistant 
Secretary 


eJBubli‘c--mmcmaous 


“

573610.04 


. 
_
, 



EXHIBITA 
to 
DECLARATION 
OFCOVENANTS 
ANDRESTRICTIONS 
FOR 


THEVILLAGE 
GRANDEATENGLISHMILL 
Legal 
MatesandBounds)Descriptionof 
The 
VillageGrandeatEnglishMill 


Book12355 
CFN#2006057025I 
Page 
89 
of 
155 



aEngineers, 
Planners, 
and 
Land 
Surveyors 


February 
4, 
2004 


LEGALDESCRIPTION 
VILLAGEGRANDEATENGLISHMILL 
PHASEI&PHASEII

-

WITPLANFOR 
PHASEI&PHASE,1]
W

EGGHARBORTOWNSHIP,ATLANTIC 
COUNTY, 
NEWJERSEY 


Beginning 
at 
a 
point 
in 
the 
curved 
existing 
Northeasterly 
right-of-way 
line 
of 
Mill 
Road 
(CR. 
#662)
, 
perpendicular 
to 
and 
33.00 
Feet 
distant 
from 
the 
centcrlinc 
thereof, 
said 
point 
being 
the 
Westerly 
corner 
of 
Lot 
17,Block3301,andextendingfromsaidpointofbeginning;Thence 


1) 
Along 
the 
existing 
Northeasterly 
right—of-way 
line 
ofMill 
Road, 
along 
a 
curve 
curving 
to 
the 
left, 
having 
a 
Radius 
of 
2325.01 
Feet, 
with 
an 
interior 
angle 
of 
6 
Degrees 
21 
Minutes 
59 
Seconds, 
and 
an 
Arc 
length 
of258.35 
Feet, 
(Chord: 
N 
61°50’42" 
W, 
258.21')
, 
to 
a 
point 
of 
tangency; 
Thence 
2) 
Continuing 
along 
the 
existing 
Northeasterly 
right~of—way 
line 
ofMill 
Road, 
North 
65 
Degrees 
01 
Minutes 
42 
Seconds 
West, 
a 
distance 
of410.95 
Feet, 
to 
a 
point; 
Thence 
3)
Leaving 
said 
zigh‘wf—viay 
line, 
North 
04 
Degrees 
31 
Minutes 
52 
Seconds 
West, 
a 
distance 
of 
722.47 
Feet, 
to 
a 
point 
common 
corner 
to 
Lot 
1, 
Block 
3301 
and 
Lots 
101 
& 
105, 
Block 
3323 
and 
in 
the 
line 
ofLot2, 
Block 
3301; 
Thence 
4) 
Along 
the 
division 
line 
ofLot 
105, 
Block 
3323, 
common 
with 
Lots 
2, 
3, 
4, 
5, 
6, 
7 
& 
8, 
Block 
3301. 
North 
71 
Degrees 
36 
Minutes 
35 
Seconds 
East, 
a 
distance 
of 
1362.48 
Feet, 
to 
a 
point; 
Thence 
5) 
Continuing 
along 
said 
common 
division 
linejNorth03 
Degrees 
52 
Minutes 
51 
Seconds 
West, 
a 
distance 
of244.73 
Feet, 
to 
a 
point 
common 
corner 
to 
Lots 
105 
& 
143, 
Block 
3323 
and 
in 
the 
division 
line 
ofLot 
8, 
Block 
3301; 
Thence 
Along 
the 
division 
line 
common 
to 
Lots 
105 
& 
143, 
Block 
3323, 
North 
75 
Degrees 
10 
Minutes 
58 
Seconds 
East, 
a 
distance 
of297.00 
Feet, 
to 
a 
point 
inthe 
Southerlyright-of-way 
line 
ofHighSchool 
Drive 
(50.00’ 
Wide)
; 
Thence 
7) 
Along 
the 
Southerly 
right—of-way 
line 
ofHigh 
School 
Drive, 
North 
82 
Degrees 
20 
Minutes 
58 
Seconds 
East, 
a 
distance 
of884.40 
Feet, 
to 
a 
point; 
Thence 
8) 
Along 
the 
division 
line 
common 
to 
Lots 
105 
& 
175, 
Block 
3323, 
North 
87 
Degrees 
45 
Minutes 
10 
Seconds 
East, 
a 
distance 
of 
153.63 
Feet, 
to 
apoint; 
Thence 


150 
Delsea 
Drive, 
Suite 
1, 
Sewett, 
NJ 
08080 
856-228-2200 
Fax856-232-2345 
design©ces-1.com 
wees-Loom 
NJ 
Certificate 
of 
Authorization 
#GA276725 
P:\2100~2199\217l-0!\work\reports\legals\2171-01-OSOl-DRH.doe~tjs 



9) 
North 
04 
Degrees 
10 
Minutes 
38 
Seconds 
West, 
a 
distance 
of 
64.58 
Feet, 
to 
a 
point 
in 
the 
Northerlyright-of—waylineofHighSchoolDrive(50.00’Wide)
, 
saidpointbeingcomertoLot 
10,Block3302commonwithLot 
1,Block3326;Thence 
10) 
ContinuingalongtheNorthetlyright-of-waylineofHighSchoolDrive,North82Degrees20 
Minutes58 
SecondsEast, 
adistanceof115.67Feet,toapointofcurvature;Thence 
11) 
Continuing 
along 
said 
Northerly 
and 
Northwesterly 
right-of-way 
line, 
along 
a 
curve 
ctn'ving 
to 
the 
left,11aaRadiusof 
175.00Feet,withaninteriorangleof22 
Degrees 
38 
Minutes 
29 
Seconds, 
and 
an 
Are 
length 
of 
69.15 
Feet 
(Chord: 
N 
71°01’44" 
E, 
68.70')
, 
to 
a 
point 
of 
tangency; 
Thence 
12) 
Continuing 
along 
the 
Nordiwesterly 
n'ght—oflwaylineofHighSchoolDrive,North 
59Degrees 
42Minutes30SecondsEast,adistanceof246.02Feet,to 
apointofcurvature;Thence 
13) 
Continuing 
along 
the 
Nordiwesterly 
and 
Northerly 
right—of-way 
line 
ofHigh 
School 
Drive,
along 
acurvecurvingtotheright,havingaRadiusof300.00Feet,with 
aninteriorangleof51 
Degrees 
49 
Minutes 
40 
Seconds, 
and 
an 
Arc 
length 
of 
271.37 
Feet 
(Chord: 
N 
85°37’20" 
B. 
262.21D,to 
apointoftangency;Thence 
14) 
LeavingtheNortherlyright—of-waylineofHighSchoolDrive,andnmningalongthedivision 
lineofLot 
1,Block3326,commonwithLot 
10,Block3302,North04Degrees 
05 
Minutes00 
Seconds 
West, 
a 
distanceof1191.20 
Feet, 
to 
a 
point; 
Thence 


15) 
Continuingsaidcommondivisionline,andalongacurvecurvingtotheright,havingaRadius 
of240.00Feet,withaninteriorangleof34Degrees 
13Minutes08Seconds,andanArclengthof143.34Feet(Chord: 
N85°34’52”W, 
141.21'),toapoint;Thence 
16)
‘ 
Continuingalongsame,andalongacurvecurvingtotheright,havingaRadiusof240.00Feet,
withaninteriorangleof101 
Degrees 
19Minutes43 
Seconds, 
and 
anArclengthof424.44Feet 
(Chord: 
N 
88°58'36”W, 
371.25“)
, 
to 
apoint; 
Thence 


17) 
Continuing 
along 
same, 
South 
83 
Degrees 
36 
Minutes 
29 
Seconds 
West 
a 
distance 
of53.90 
Feet,to 
apoint;Thence 
13) 
Continuingalongsame,andalongacurvewritingtotheright,havingaRadiusof240.00Feet,
with 
an 
interior 
angle 
of20 
Degrees 
59 
Minutes 
02 
Seconds, 
and 
an 
Arc 
length 
of 
87.90 
Feet 
(Chord:S87°27'41"W.87.41'),to 
apoint;Thence 
19) 
North04'Degrees10Minutes38SecondsWest,adistanceof945.76Feet,toapoint;Thence 
20) 
South72Degrees29Minutes24SecondsEast,adistanceof558.50Feet,toapoint;Thence 
21) 
South01Degrees56Minutes38SecondsEast,adistanceof7.39Feet,toapoint;Thence 
22) 
South88Degrees40Minutes50SecondsEast,adistanceof2328.94Feet.toapoint;Thence 
23) 
North73Degrees57Minutes10SecondsEast,adistanceof308.35Feet,toapoint;Thence 
24) 
South21Degrees32Minutes10SecondsWest,adistanceof743.41Feet,toapoint;'I'he'nce 
Book12355 
CFN#2006057025. 
Page 
91 
of 
155 



Noxth68Degrees27lVLinutes50 
SecondsWest, 
adistanceof871.20Feet,toapoint;Thence 


25) 
South21Degrees32Minutes10SecondsWest,adistanceof500.00Feet,toapoint;Thence 
27) 
North68Degrees27Minutes50SecondsWest,adistanceof1274.31Feet,toapoint;Thence 
28) 
South81Degrees06Minutes25SecondsWest,adistanceof14.88Feet,toapoint;Thence 
29) 
South04Degrees05Minutes00SecondsEast,adistanceof268.90Feet,toapoint;Thence 
South68Degrees27‘Minutes50SecondsEast,adistanceof2042.07Feet,to 
apoint;Thence 


31) 
South21Degrees32Minutes10SecondsWest,adistanceof750.00Feet,toapoint;Thence 
32) 
Along 
the 
division 
line 
of 
Lot 
24, 
Block 
3325, 
common 
with 
Lot 
1, 
Block 
4001, 
North 
68 
Degrees27Minutes50SecondsWest, 
adistanceof871.20Feet, 
to 
apoint;Thence 
33) 
South21Degrees32Minutes10SecondsWest,adistanceof1457.99Feet,toapoint;Thence 
34) 
AlongthedivisionlineofLot1,Block3324commonwithLots12&13,Block3301,North68 
Degrees27Minutes 
50 
SecondsWest,adistanceof1014.26Feet,toapoint;Thence 
35) 
AlongthedivisionlineofLot1,Block3324commonwithLots13&15,Block3301,South15 
Degrees54Minutes55 
SecondsEast,adistanceof702.46Feet,toapoint;Thence 
35) 
AlongthedivisionlineofLot1,Block3324commonwithLot17,Block3301,South70 
Degrees 
26 
Minutes 
11 
Seconds 
West, 
a 
distance 
of 
2121.65 
Feet, 
to 
the 
point 
and 
place 
of 
HereinabovedescribedlandsbeingallofVillageGrande 
atEnglishMill 
“PhaseI&Phase11”
, 
contains 


173.87Aci, 
andisgraphically 
shown 
on 
theplanentitledEXHIBITPLANFORPHASE 
1 
dc 
PHASEII,
VILLAGE 
GRANDB 
AT 
ENGLISH 
MILL, 
PLATE 
33, 
BLOCK 
3301, 
LOTS 
9-11 
& 
18, 
BLOCK 
3302,
LOTS 
10, 
92-94, 
96-101, 
BLOCK 
4001, 
LOTS 
2, 
3 
& 
6, 
EGG 
HARBOR. 
TOWNSHIP, 
ATLANTIC 
COUNTY, 
NEW 
JERSEY, 
as 
was 
prepared 
by 
Consulting 
Engineer 
Services, 
dated 
2/04. 
CES 
Job 
#217101, 
Fi1e#2171~01—OSOI_DRH.dwg. 
”minnow 
Mk,
MARGARET 
ULIK,P.L.S. 
New 
Jersey 
LicenseNo. 
38943 


11421004199\217l-Ol\work\mport5\1egnls\2171-Ol—OSOi-DRH.docvtjs 


Book12355 
CFN#2006057025' 
Page 
92 
of 
155 



EXHIBITA-
1 
to 
DECLARATION 
OF 
COVENANTS 
AND 
RESTRICTIONS 
FOR 
THEVILLAGE 
GRANDEATENGLISHMILL 
Legal 
(Mates 
and 
Bounds) 
DescriptionofPhaseI 


Book1‘2355 
CFN#2006057025' 
Page 
93 
of 
155 



1) 


2) 


4) 


Thence 


5) 


8) 



9) 
North 
04 
Degrees 
10 
Minutes 
38 
Seconds 
West, 
a 
distance 
of 
64.58 
Feet, 
to 
a 
point 
in 
the 
Northerlyright-of-waylineofHighSchoolDrive($0.00” 
Wide).saidpointbeingcomertoLot 
10,Block330?.commonwithLot 
1,Block3326;Thence 


10) 
ContinuingalongtheNortherlyright-cf-vvaylineofHighSchoolDrive,North82Degrees20 
Minutes 
58 
SecondsEast, 
adistanceof115.67Feet,to 
apointofcurvature;Thence 
11) 
ContinuingalongsaidNortherlyandNorthWesterlyright-of~wayline,alongacurvecurvingto 
the 
left, 
having 
a 
Radius 
of 
175.00 
Feet, 
with 
an 
fittericr 
angle 
of 
22 
Degrees 
38 
Minutes 
29 
Seconds, 
and 
an 
Arc 
length 
of 
69.15 
Feet 
(Chord: 
N 
71°01’44" 
13, 
68.709, 
to 
a 
point 
of 


12) 
ContinuingalongtheNorthwesterlyright‘of-waylineofHighSchoolDrive,North59Degrees 
42Minutes30 
SecondsEast, 
adistanceof246.02Feet,to 
apointofcurvature;Thence 
13) 
Continuing 
along 
the 
Northwesterly 
and 
Northerly 
right—of-way 
line 
of 
High 
School 
Drive. 
alongacurvecurvingtotheright,havingaRadiusof300.00Feet,with 
aninteriorangleof51 
Degrees 
49 
Minutes 
40 
Seconds, 
and 
an 
Arc 
length 
of 
271.37 
Feet 
(Chord: 
N 
85°37’20” 
B, 
262.21'),to 
apointoftangency;Thence 
14) 
ContinuingalongtheNortherlyright-of-waylineofHighSchoolDrive,South68Degrees27 
Minutes 
50 
SecondsEast, 
adistanceof565.27Feet,toapointinthecenterlineofIvinsAvenue 
(50.00’ 
Wide)
; 
Thence 
15) 
Along 
the 
centerline 
of 
Ivins 
Avenue, 
South 
21 
Degrees 
32 
Minutes 
10 
Seconds 
West. 
a 
distance 
of982.99 
Feet, 
to 
apoint; 
Thence 
15) 
Leavingsaidright-ofwayandrunningalongthedivisionlineofLot1,Block3324common 
withLots12& 
13,Block3301,North68Degrees27Minutes50SecondsWest,adistanceof 
1014.26 
Feet, 
to 
apoint; 
Thence 


17) 
AlongthedivisionlineofLot1,Block3324commonwithLots13&15,Block3301,South15 
Degrees54Minutes55SecondsEast, 
adistanceof702.46Feet,to 
apoint;Thence 
18) 
Along 
the 
division 
line 
of 
Lot 
1, 
Block 
3324 
common 
with 
Lot 
17, 
Block 
3301, 
South 
70 
Degrees26Minutes 
11SecondsWest,adistanceof2121.65Feet,tothepointandplaceof 
beginning. 


HereinabovedescribedlandsbeingallofVillageGrandeatEnglishMill‘Thase1"
, 
contains93.18Adi,and 
is 
graphically 
shown 
on 
the 
plan 
entitled 
EXHIBIT 
PLAN 
FOR 
PHASE 
I, 
VILLAGE 
GRANDE 
AT 
ENGLISH 
MILL, 
PLATE 
33. 
BLOCK 
3301, 
LOTS 
9-11 
& 
18, 
BLOCK 
3302, 
LOTS 
10, 
92-94, 
96-101. 
BLOCK 
4001, 
LOTS 
2, 
3 
& 
6, 
EGG 
HARBOR 
TOWNSHIP, 
ATLANTIC 
COUNTY. 
NEW 
JERSEY, 
as 
was 
prepared 
by 
Consulting 
Engineer 
Services, 
dated 
2/04. 
CES 
Job 
#2171-01. 
File 
#2171-01PH01_
DRH.dwg. 


Mooney 
Vine 


MARGARETKULIK,P.L.S. 
. 
NewJerseyLicenseNo.38943 


P021004199\2171-01\work\repons\legals\2171-01-PHOl-DR}-l.doc-tjs 


Book12355 
CFN#2006057025' 
Page 
95 
of 
155 



EXHIBITB 
to 
DECLARATIONOF 
COVENANTSAND 
RESTRICTIONSFOR 


THEVILLAGE 
GRANDEATENGLISHMILL 
OverallPhasePlan 
for 
TheVillage 
Grande 
atEnglishMill 


Book12355 
CFN#2006057025~ 
Page 
96 
of 
155 



Book12355 
CFN#2006057025' 
Page 
97 
of 
155 



EXHIBITB~
1 
to 


DECLARATION 
OF 
COVENANTS 
AND 
RESTRICTIONS 
FOR 
THEVILLAGE 
GRANDEATENGLISHMILL 


PhaseIPlan 


Book12355 
CFN#2006057025I 
Page 
98 
of 
155 



HM — .1
5 
. 
illil‘f a /. HQ.“ 2...! . 
I I I .Quu. . >- ..I l:\ n .. t it! Incufiuaxa \Ltllhnkoo. hn‘.‘~ \ In: 
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Page 99 of 155 CFN#2006057025 Book12355

EXHIBIT 
B 
to 
DECLARATIONOF 
COVENANTSAND 
RESTRICTIONSFOR 


THEVILLAGE 
GRANDEATENGLISHMILL 
OverallPhasePlan 
for 
The 
Village 
GrandeatEnglishMill 


Book12355 
CFN#2006057025' 
‘ 
Page 
96 
of 
155 



Book12355 
CFN#2006057025. 



EImIBIT3-
1 
to 
DECLARATION 
OFCOVENANTS 
AND 
RESTRICTIONS 
FOR 


THEVILLAGE 
GRANDEATENGLISHMILL 
PhaseIPlan 


Book12355 
CFN#2006057025E 
Page 
98 
of 
155 



E 


M 
2-.‘5 


Mr 


Mmm 


Ill 
’ 


'--~—..~-
_ 


(-1.
, 


~

pa»
I 


. 


Page 
99 
of 
155 



EXHIBIT 
C 


to 


DECLARATION 
OF 
COVENANTS 
AND 
RESTRICTIONS 
FOR 
THEVILLAGE 
GRANDEATENGLISHMILL 


CertificateofIncorporation 
of 


The 
Village 
GrandsatEnglishMill 


HomeownersAssociation, 
Inc. 


Book12355 
CFN#2006057025' 
Page 
100 
of 
155 



File 
and 
Return 
to: 
‘ 


GREENE”
, 
ROWE, 
SMITH 
E: 
DAVIS 
LLB 
Christine 
r. 
Li, 
Esq.

Act-.21: 


Metro 
corporate 
Campus 
I 
Woodbridga, 
New 
Jersey 
07095 


573608.01 



$11503. 
01 


Deed 


.Book12355 
CFN#2006057025 
-Page 
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of 
155 



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2306 
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-F: 
8. 
SHUT-
h 
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9 
16899846851 
NO.BBS 
Gees

95/19/2866 
11:69 


provided. 
said 
Declaration 
and 
Bynnaws 
being 
incorporated 
harem, 


. 
as 
is 
set 
forth 
at 
ltngt‘
m 


B. 
To 
zinc. 
levy. 
collect 
anti 
enforce 
payment 
by 
any 
lawful 
means 
of 
to 
the 
terms 
of 
said

all 
charges 
or 
assassments 
puksumc 
Declaration 
and 
By—Laus 
at 
the 
Association: 
tolpay 
all 
expanses 
in 


commotion 
therewith 
and 
all 
office 
and 
other 
menses 
incident 
to 
the 
conduct: 
a! 
the 
business 
of 
the 
Maociation. 
including 
all 


licenses, 
taxes 
or 
governmental 
charges 
levied 
or 
imposed 
against 


the 
property 
a: 
the 
Association: 
To 
acquire 
(by 
qitt. 
purchase. 
or 
onharwise)
. 
own. 
hold. 
mpxove.

c. 
build'upon. 
oparate. 
maintain. 
convey. 
sell. 
lease. 
transfer. 
dedioqce 
for 
public 
use-or 
otherwise 
dispose 
of 
real 
or 
parsohal 
property 
in 
connection 
with 
the 
affairs 
of 
the 
Association: 


To 
box-row 
money. 
to 
mrtgage. 
pledge. 
deed 
in 
trusts 
a:

D. 
hypothecata 
any 
or: 
all 
oi! 
its 
real 
or: 
poisonal 
property 
as 
security 
for 
money 
borrower! 
or 
dobta 
incurred; 
and 
To 
have 
and 
to 
exercise 
any 
and 
all 
powers. 
right: 
and 
privilnges

E. 
which 
a 
coz'pumtian 
organized 
under 
the 
Nonprofit 
Corporation 
Law 


at 
the 
State 
of. 
New 
Jersey 
by 
law 
may 
now 
or 
hemfter'hwe 
or‘ 


axercisa. 
Ali-TIGER 
V 


Imagan‘ 
Every 
person 
or 
entity 
who 
is 
a 
record 
owner 
at 
at 
fee 
interest 
in 
any 


Home 
which 
is 
subject 
to 
the 
Declaration 
and 
qualities 
in 
accordance 
with 
the 
By-Lawn 
shall 
be 
a 
umber 
o! 
the 
Association. 
rm: 
foregoing 
is 
not 
intended 
' 
to 
includa 
persons 
or 
entities 
who 
hold 
an 
interest: 
marshr 
as 
Security 
f0: 
the 
perfume 
of 
an 
obligation. 
Ownership 
of 
any 
such 
Home 
shall 
be 
the 
sole 
qualification 
for 
membership. 
Upon 
nomination 
of. 
the 
interest 
of 
the 
Omar. 
his 
membership 
shall 
automatically 
terminote 
and 
shall 
be 
transtnrred 
and 


skull 
imam 
to 
the 
new 
Owner 
succaeding 
Inn: 
in 
interest. 


571503101 


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Book12355 
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to 


DECLARATION 
OF 
COVENANTS 
AND 
RESTRICTIONS 
FOR 
THEVILLAGE 
GRANDEATENGLISHMILL 


By-Lawsof 
TheVillage 
Grande 
atEnglishMill 
HomeownersAssociation,Inc. 


Book12355 
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Book12355 
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155 



FOR 


1.01 
1.02 


Fiscal 
YEar.....................................................
. 


H 
r: 


DJ 


1.04 


ARTICLE 
II 
2.01 
2.02 
2.03 
2.04 
2.05 
2.06 
2.07 


Principal 
Office.............................................
. 


MEMBERSHIP 
AND 
VOTINGRIGHTS....................................
. 
Members.........................................................
. 
Member 
in 
Good 
Standing.........................................
. 
Associate 
Members...............................................
. 
Change 
ofMembership...........................................
. 
Rights 
of 
Membership..........................................
H 
Suspension 
of 
Rights............................................
. 
Association 
Initiation 
Fee......................................
. 


2.03 
Contribution 
to 
WorkingCapital.................................
. 
4 
2.09 
Votes...........................................................
. 
ARTICLEIIIMEETINGSOF0WNERS.............................................
. 
5 


3.01 
Place 
of 
Meetings.............................................
. 
3.02 
AnnualMeetings.................................................
. 
5 
Special 
Meetings................................................
. 
5 


.3.04 
Notice 
of 
Meeting...........................................,...
. 
6 
3.05QuorumandAdjournedMeetings...................................
. 
5 
3.06 
Organization....................................................
. 
6 
3.07 
Voting 
On 
Questions.........................-...................
. 
6 
3.08 
Voting 
in 
Elections 
of 
Trustees.................................
. 
7 


3.09BallotbyMail..................................................
. 
7 
3.10 
Proxies.........................................................
. 
8 
3.11 
Jfidges..........................................................
. 
9 
3.12 
Order 
of 
Business...............................................
. 
9 
BOARD 
OF 
TRUSTEES..............................................
. 
10 


4.01 
Qualifications'.................................................
. 
10 
4.02 
Number.........................................................
. 
11 
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4.03 
4.04 


l3

4.05 


l3 


14 
14 
14 
15 
16 
16 


5.04 


5.05 


5.06 


17 
17

5.08 


18 
18

6.01 


5.02 


26 
26 
27 


7.01 


7.02 


7.03Disbursements..................................................
. 
27 
27

7.04 
Depositories...................................................
. 


7.05 
Accounts.......................................................
. 
27 


7.06 
Reserves......................................................
. 
. 
29 


Notice; 
Emergencies............................................
. 
30 


7.08 
Acceleration 
of 
Assessment 
Installment 
Upon 
Default............
. 
30 


7.09 
Interest 
and 
Counsel 
Fees......................................
. 
31 


7.10 
Assessment 
of 
Expenses 
in 
Actions 
by 
or 
against 
Assocxation; 
Allocation 
of 
Awards..
. 


..........................
. 


7.11 
Power 
of 
Attorney 
to 
Holder 
of 
a 
Permitted 
Mortgage............
. 


7.12 
Annual 
Audit.;.................................................
. 


Examination 
of 
Books...........................................
. 


7.14 
Fidelity 
Bonds.................................................
. 


ARTICLEVIII 
OFFICERS.....................................................
. 


8.01 
Designation....................................................
. 


8.02 
Election 
of 
Officers...........................................
. 
35 


8.03 
Removal 
of 
Officers............................................
. 
35 


ii 


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8.04DutiesandResponsibilitiesofOfficers........................
. 
35 


8.05 
Other 
Duties 
and 
Powers........................................
. 
36 


8.06 
Eligibility 
of 
Trustees........................................
. 
35 


ARTICLE 
IX 
COMPENSATION, 
INDEMNIFICATION 
AND 
. 
. 
. 
. 
..........................
. 
36 


9.01 
Compensation...............................................
. 
' 


9.02 
Indemnification................................................
. 
36 


9.03 
Exculpability..................................................
. 
37 


ARTICLE 
X 
ARCHITECTURAL 
CONTROL 
COMMITTEE...
. 
......
. 
...................
. 
37 


10.01 
Purpose.......................................................
. 
37 


10.02 
Powers........................................................
. 
38 


10.03 
Authority.....................................................
. 
38 


ARTICLE 
XI 
OTHER 
COWITTEES 
. 
..........
. 
. 
. 
. 
. 
. 
..............................
. 
39 


11.01 
Committees....................................................
. 
39 


11.02 
Subcommittees.................................................
. 
39 


11.03Duties........................................................
. 
39 


ARTICLE 
XII 
ENFORCEMENT.............L.....................................
. 
39 


12.01 
Enfiorcement...................................................
. 
39 


12.02 
Fines.........................................................
. 
40 


12.03Waiver........................................................
. 
40 


12.04 
Cause 
of 
Action 
Against 
Association.......
. 
.........,..........
. 
40 


12.05 
Alternative 
Dispute 
Resolution 
Procedure......................
. 
40 


12.06 
Compliance 
ByMembers.........................................
. 
41 


12.07CivilActionforDamages......................................
. 
42 


ARTICLEXIII 
AMENDMENTS...................................................
. 
42 


ARTICLE 
XIV 
CONFLICT; 
INVALIDITY................
. 
.
. 
. 
. 
. 
. 
. 
. 
. 
. 
................
. 
43 


14.01ConfliCt......................................................
. 
43 


14.02Invalidity....................................................
. 
43 


ARTICLE 
XV 
NOTICE............................................
. 
............
. 
43 


ARTICLE 
XVI 
CORPORATE 
SEAL................................................
. 
43 


iii

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OF 


any 
amendments 
or 
supplements 
thereto. 


1.02. 
Definitions. 
Unless 
the 
context 
clearly 
indicates 
otherwise, 
all 
definitions 
set 
forth 
in 
the 
Declaration 
for 
The 
Village 
Grande 
at 
English 
Mill 
are 
incorporated 
herein 
by 
reference-
1.03.W. 
The 
fiscal 
year 
of 
the 
corporation 
shall 
be 
determined 
by 
the 
Board 
of 
Trustees. 
1.04. 
Principal 
Qffi 
igg. 
The 
principal 
office 
of 
the 
corporation 
is 
initially 
located 
at 
20 
Gibson 
Place, 
Freehold, 
New 
Jersey 
07728. 
ARTICLE 
II 
MEMBERSHIP 
AND 
VOTING 
RIGHTS 


2.01. 
Members. 
Every 
person, 
firm. 
association, 
corporation 
or 
other 
legal 
entity, 
including 
the 
Developer, 
who 
is 
a 
record 
Owner 
or 
Co-Owner 
of 
the 
fee 
simple 
title 
to 
any 
Home 
shall 
be 
a 
Member 
of 
the 
Association; 
provided, 
however, 
that 
any 
person. 
firm. 
association, 
corporation, 
or 
legal 
entity 
who 
holds 
such 
title 
or 
interest 
to 
a 
Home 
merely 
as 
a 
security 
for 
the 
performance 
of 
an 
obligation 
(including 
but 
not 
limited 
to 
mortgagees 
or 
_trustees 
under 
deeds 
of 
trust) 
shall 
not 
be 
a 
Member 
of 
the 
Association. 
Despite 
anything 
to 
the 
contrary 
in 
the 
preceding, 
the 
Developer 
shall 
have 
one 
(1) 
membership 
in 
the 
Association 
for 
each 
contemplated 
Home 
which 
has 
not 


573609 
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04 



been 
conveyed 
to 
an 
individual 
purchaser, 
not 
to 
exceed 
the 
number 
of 
Homes 
approved 
by 
the 
municipality. 


2.02. 
Memher 
in 
good 
standing. 
A 
Member 
shall 
be 
deemed 
to 
be 
in 
good 
standing 
for 
voting 
purposes, 
as 
well 
as 
any 
related 
requirement 
as 
may 
be 
established 
by 
the 
Board 
of 
Trustees, 
if, 
at 
least 
thirty 
(30) 
days 
prior 
to 
the 
date 
fixed 
for 
such 
meeting, 
he 
has 
fully 
paid 
all 
installments 
due 
for 
assessments 
made 
or 
levied 
against 
him 
and 
his 
Home 
by 
the 
Board 
of 
Trustees 
as 
hereinafter 
provided, 
together 
with 
all 
interest, 
costs, 
attorney's 
fees 
penalties 
and 
other 
expenses, 
if 
any, 
properly 
chargeable 
to 
him 
and 
to 
his 
Home. 
Any 
date 
set 
forth 
in 
these 
By-Laws 
for 
determining 
good 
standing 
for 
voting 
purposes, 
as 
well 
as 
any 
related 
requirement 
which 
may 
be 
established 


by 
the 
Board 
of 
Trustees, 
shall 
be 
deemed 
supplemental 
to, 
and 
not 
in 
derogation 
of, 
the 
record 
date 
provisions 
of 
y‘gggégg 
15A25—7. 
2.03. 
Agsggiate__flemhers. 
Every 
person 
who 
is 
entitled 
to 


possession 
and 
occupancy 
of 
a 
Home 
as 
a 
tenant 
or 
lessee 
of 
a 
Owner 
pursuant 
to 
Article 
x 
of 
the 
Declaration 
may 
be 
an 
Associate 
Member 
of 
the 
Association, 
but 
shall 
not 
be 
entitled 
to 
any 
vote 
with 
respect 
to 
Association 
matters. 


2.04. 
Change 
9f 
Membership. 
Change 
of 
membership 
shall 
be 
accomplished 
by 
recording 
in 
the 
Office 
of 
the 
Atlantic 
County 
Clerk 
a 
deed 
or 
other 
instrument 
establishing 
a 
record 
title 
to 
a 
Home. 
and 
delivery 
to 
the 
Secretary 
of 
the 
Association 
of 
a 
certified 
copy 
of 
such 
instrument, 
together 
with 
such 
sums 
of 
money 
as 
are 
required 
for 
the 
payment 
of 
any 
initiation 
fee, 
contribution 
to 
capital 
or 
escrow 
deposit. 
The 
membership 
oi 
the 
prior 
Owner 
shall 
be 
thereby 
terminated. 


2.05. 
Rights 
of 
Mempepship. 
Every 
person. 
who 
is 
entitled 
to 
membership 
in 
the 
Association 
and 
permanently 
resides 
in 
a 
Home, 
pursuant 
to 
the 
provisions 
of 
the_ 
Certificate 
of 
Incorporation 
and 
these 
By-Laws, 
including 
any 
Associate 
Member. 
shall 
be 
privileged 
to 
use 
and 
enjoy 
the 
Common 
Property, 
subject 
to 
the 
right 
of 
the 
Association 
to: 


(a) 
Promulgate, 
adopt 
and. 
enforce 
rules 
and 
regulations 
governing 
such 
use 
and 
enjoyment; 
and 
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(b) 
Suspend 
the 
use 
and 
enjoyment 
of 
the 
Common 
Property 
as 
provided 
in 
Section 
2.06; 
and 
(c) 
Transfer, 
grant 
or 
obtain 
easements. 
licenses 
and 
other 
property 
rights 
with 
respect 
to 
the 
Common 
Property 
as 
provided 
in 
Section 
6.0100 
of 
Article 
VI 
hereof. 
2.06. 
Syspengion 
of 
Rights. 
The 
membership 
and 
voting 
rights 
of 
any.member 
may 
be 
suspended 
by 
the 
Board 
of 
Trustees 
for 
any 
period 
during 
which 
any 
assessment 
against 
the 
Home 
to 
which 
his 
membership 
is 
appurtenant 
remains 
unpaid; 
but 
upon 
payment 
of 
such 
assesements, 
and 
any 
interest 
accrued 
thereon, 
and 
any 
costs 
associated 
with 
the 
collection 
thereof, 
including 
reasonable 
attorneys' 
fees, 
by 
cash, 
money 
order. 
or 
certified 
or 
collected 
funds. 
his 
rights 
and 
privileges 
shall 
be 
inunediately 
and 
automatically 
restored. 
Section 
2.02 
hereof 
shall 
govern 
the 
restoration 
of 
voting 
rights. 
Further, 
if 
rule 
and 
regulations 
governing 
the 
use 
of 
the 
Common 
Property 
or 
Homes, 
or 
the 
conduct 
of 
persons 
in 
the 
Community 
thereon 
have 
been 
adopted 
and 
published, 
as 
authorized 
in 
these 
By—Laws. 
the 
rights 
and 
privileges 
of 
any 
person 
in 
violation 
thereof 
or 
in 
violation 
of 
any 
non-monetary 
covenant 


of 
the 
Declaration 
may 
be 
suspended 
at 
the 
discretion 
of 
the 
Board 
of 
Trustees 
for 
a 
period 
not 
to 
exceed 
thirty 
(30) 
days 
for 
any 
single 
violation, 
but 
if 


the 
violation 
is 
of 
a 
continuing 
nature, 
such 
rights 
and 
privileges 
may 
be 
suspended 
indefinitely 
until 
such 
time 
as 
the 
violation 
is 
abated. 
No 
such 
action 
shall 
be 
taken 
by 
the 
Board 
of 
Trustees 
until 
the 
Owner 
is 
afforded 
an 


opportunity 
for 
a 
hearing 
consistent 
with 
the 
principles 
of 
due 
process 
of 


2.07. 
Assggiatign 
‘Igitjatigg 
Peg. 
Each 
Owner, 
excluding 
Developer. 
shall 
pay 
to 
the 
Association 
upon 
acquisition 
of 
title 
to 
his 
Home 
a 
nonrefundable 
and 
nontransferable 
Association 
initiation 
fee 
of 
not 
more 
than 
$350.00, 
which 
will 
be 
available 
to 
the 
Association 
for 
(i) 
the 
ofif-set 
of 
cash 
flow 
or 
budget 
deficits, 
(ii) 
payment 
of 
operating 
expenses. 
(iii) 
operating 
contingency 
reserves. 
(iii) 
repair 
and 
replacement 
and/or 
deferred 
maintenance 
reserve. 
(iv) 
working 
capital 
reserve, 
and/or 
(v) 
any 
other 
lawful 


573609.04 



purposes(s) 
permitted 
by 
the 
Governing 
Documents. 
If 
imposed, 
payment 
of 


such 
sum 
shall 
be 
a 
condition 
precedent 
to 
exercise 
rights 
of 
membership 
in 


the 
Association 
upon 
the 
initial 
sale 
or 
a 
subsequent 
transfer 
of 
title 
to 
a 


Home. 
Any 
unpaid 
initiation 
fee 
shall 
be 
deemed 
a 
lien 
on 
the 
Home 
in 
the 


same 
manner 
as 
any 
unpaid 
Common 
Expenses 
attributable 
to 
such 
Home. 


2.08. 
ggntrihution 
to 
Working 
gapital. 
Each 
Owner, 
excluding 
Developer, 
shall 
pay 
to 
the 
Association 
upon 
acquisition 
of 
title 
to 
his 
Home 
a 
nonrefundable 
and 
nontransferable 
contribution 
to 
the 
working 
capital 
of 
the 
Association 
in 
an 
amount 
of 
$550.00 
at 
the 
time 
of 
the 
acquisition, 
which 
will 
be 
available 
to 
the 
Association 
for 
(i) 
the 
off-set 
of 
cash 
flow 
or 
budget 
deficits, 
(ii) 
payment 
of 
operating 
expenses, 
(iii) 
operating 
contingency 
reserves, 
(iii) 
repair 
and 
replacement 
and/or 
deferred 
maintenance 
reserve, 


(iv) 
working 
capital 
reserve, 
and/or 
(v) 
any 
other 
lawful 
purposes(s) 
permitted 
by 
the 
Governing 
Documents. 
Payment 
of 
such 
sum 
shall 
be 
_
a 
condition 
precedent 
to 
the 
exercise 
of 
rights 
of 
membership 
in 
the 
Association 
upon 
the 
initial 
sale 
or 
a 
subsequent 
transfer 
of 
title 
to 
a 
Home. 
Any 
unpaid 


manner 
as 
any 
unpaid 
Common 
Expenses 
attributable 
to 
such 
Home. 


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ARTICLE 
III 
MEETINGS 
OF 
OWNERS 


3.01. 
Elage_;y;_uegtings. 
All 
meetings 
of 
the 
Members 
of 
the 
Association 
shall 
be 
held 
at 
the 
Community 
or 
at 
such 
other 
place 
convenient 
to 
the 
members 
as 
may 
be 
designated 
by 
the 
Board 
of 
Trustees. 
3.02. 
Annual_jgm$igg§
. 
All 
annual 
meetings 
of 
the 
Association 
shall 
be 
held 
on 
the 
day 
and 
month 
of 
the 
year 
to 
be 
established 
by 
the 
Board 
of 
Trustees. 
except 
that 
the 
first 
such 
annual 
meeting 
shall 
be 
held 
not 
more 
than 
thirteen 
(13) 
months 
following 
the 
incorporation 
of 
the 
Association. 
The 
election 
of 
Trustees 
shall 
take 
place 
at 
each 
annual 
meeting 
subsequent 
to 
the 
Transition 
Elections 
held 
in 
accordance 
with 
Section 
4.03. 
If 
the 
election 
of 
Trustees 
is 
not 
held 
at 
the 
annual 
meeting 
or 
any 
adjournment 
of 
such 
meeting, 


the 
Board 
of 
Trustees 
shall 
cause 
the 
election 
to 
be 
held 
at 
a 
special 
meeting 
as 
soon 
thereafter 
as 
may 
be 
convenient. 
At 
such 
special 
meeting, 
the 
Owners 
may 
elect 
the 
Trustees 
and 
transact 
other 
business 
with 
the 
same 
force 
and 
' 
effect 
as 
at 
an 
annual 
meeting 
duly 
called 
and 
held. 
All 
proxies 
validly 
received 
for 
the 
originally 
scheduled 
meeting 
shall 
remain 
in 
full 
force 
and 


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3.04. 
Notice 
95 
meeting. 
Except 
as 
otherwise 
provided 
by 
law 
and 
Section 
4.03 
herein 
with 
respect: 
to 
transition 
elections, 
law 
or 
these 
By—Laws, 
notice 
of 
each 
meeting 
of 
Owners, 
whether 
annual 
or 
special, 
shall 
be 
given 
not 
less 
than 
ten 
(10) 
days. 
nor 
more 
than 
ninety 
(90) 
days 
before 
the 
day 
on 
which 
the 
meeting 
is 
to 
be 
held, 
to 
each 
Owner 
at 
his 
last 
known 
address, 
by 
delivering 
a 
written 
or 
printed 
notice 
to 
each 
Owner, 
or 
by 
mailing 
such 
notice, 
postage 
prepaid. 
Every 
such 
notice 
shall 
state 
the 
time. 


place, 
and 
purpose 
of 
the 
meeting. 
Notice 
of 
any 
meeting 
of 
Owners 
shall 
not 


be 
required 
to 
have 
been 
sent 
to 
any 
Owners 
who 
shall 
attend 
such 
meeting 
in 


person 
or 
by 
proxy. 
Notice 
of 
any 
adjourned 
meeting 
of 
the 
Owners 
shall 
no 
be 


required 
to 
be 
given 
except 
when 
expressly 
required 
by 
law. 
Except 
as 


otherwise 
expressly 
required 
by 
law, 
no 
publication 
of 
any 
notice 
of 
a 
meeting 
of 
Owners 
shall 
be 
required. 


3.05. 
Quoggm 
and 
adjourned 
Meetings. 
At 
such 
meeting 
of 
the 
Association, 
persons 
(including 
Developer 
or 
its 
representatives) 
holding 
twenty-five 
(25%
) 
percent 
of 
the 
authorized 
votes 
present, 
in 
person 
or 
by 


proxy, 
shall 
constitute 
a 
quorum 
for 
the 
transaction 
of 
business 
except 
where 
otherwise 
provided 
by 
law. 
In 
the 
absence 
of 
a 
quorum, 
the 
person 
holding 


votes 
present 
in 
person 
or 
by 
proxy 
and 
entitled 
to 
vote, 
may, 
by 
majority 
vote, 
adjourn 
the 
meeting 
from 
time 
to 
time, 
until 
a 


quorum 
shall 
be 
present 
or 
represented. 
At 
any 
such 
adjourned 
meeting 
at 
which 
a 
quorum 
may 


be 


meeting 
originally 
called. 


shall 
act 
as 
Secretary 
of 
the 
meeting. 


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be 
sufficient 
on 
those 
questions 
submitted 
to 
a 
vote 
of 
the 
membership. 
The 
vote 
on 
any 
question 
need 
not 
be 
taken 
by 
ballot, 
unless 
(i) 
the 
chairperson 
of 
the 
meeting 
determines 
a 
ballot 
to 
be 
advisable, 
or 
(ii) 
a 
majority 
of 
the 
votes 
present 
at 
the 
meeting 
determine 
that 
the 
vote 
on 
the 
question 
submitted 
shall 
be 
taken 
by 
ballot. 


3.08. 
Eating 
in 
Elections 
of 
irustggs. 
Only 
Owners 
who 
are 
Members 
in 
Good 
Standing 
shall 
be 
entitled 
to 
vote 
in 
elections 
of 
Trustees. 
The 
election 
of 
Trustees 
shall 
be 
conducted 
by 
written 
ballot, 
and 
the 
0wner(s) 
of 
each 
Home 
present 
in 
person 
or 
by 
proxy 
shall 
be 
entitled 
to 
one 
vote 
for 
each 
Home-to 
which 
he 
holds 
title. 
If. 
at 
any 
meeting 
at 
which 
an 
election 
is 
held. 
more 
than 
twice 
the 
number 
of 
candidates 
to 
be 
elected 
are 
nominated, 
there 
shall 
be 
two 
ballots 
cast. 
At 
the 
end 
of 
the 
tabulation 
of 
the 
first 
ballot, 
the 
field 
of 
nominees 
shall 
be 
reduced 
so 
that 
there 
are 
twice 
as 
many' 
candidates 
as 
there 
are 
positions 
to 
be 
filled, 
with 
the 
remaining 
candidates 
receiving 
the 
fewest 
votes 
being 
eliminated 
from 
the 
ensuing 
ballot. 


A 
second 
ballot 
shall 
be 
held, 
and 
on 
the 
second 
ballot, 
the 
persons 
receiving 
the 
plurality 
of 
votes 
will 
be 
deemed 
to 
be 
elected 
in 
order 
to 
fill 
the 
vacant 
positions. 
If 
there 
are 
not 
more 
than 
twice 
the 
number 
of 
nominees 
for 
the 
number 
of 
positions 
to 
be 
filled, 
there 
shall 
be 
one 
ballot. 


to 
fill 
the 
vacancies 
on 
the 
Board. 
If 
ever 
applicable. 
candidates 
polling 


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of 
Trustees 
shall 
serve 
a 
notice 
upon 
all 
Members 
in 
Good 
Standing 
which 
shall 


(i) 
state 
with 
specificity 
in 
terms 
of 
motion(s) 
the 
question(s) 
upon 
which 
the 
vote 
is 
to 
be 
taken; 
(ii) 
state 
the 
date 
by 
which 
ballots 
must 
be 
received 
in 
order 
to 
be 
counted; 
(iii) 
provide 
an 
official 
ballot 
for 
the 
purposes 
of 
the 
vote; 
and 
(iv) 
state 
the 
date 
upon 
which 
the 
action 
contemplated 
by 
the 
motion(s) 
shall 
be 
effective, 
which 
date 
shall 
be 
not 
less 
than 
ten 
(10) 
days 
after 
the 
date 
ballots 
must 
be 
received. 
No 
actions 
contemplated 
by 
a 
motion 
or 
question 
submitted 
to 
a 
ballot 
by 
mail 
shall 
be 
taken 
unless 
that 
number 
of 
Members 
in 
Good 
Standing 
that 
would 
constitute 
a 
quorum 
under 
the 
provisions 
of 
Section 
3.05 
herein 
submit 
ballots 
and 
a 
nmjority 
of 
the 
ballots 
cast 


approve 
such 
motion 
or 
question. 


the 
Board 
shall 
serve 
a 
notice 
upon 
all 
Members 
which 
shall 
(i) 
provide 
an 


which 
the 
ballot 
must 
be 
received 
to 
be 
counted. 


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by 
each 
candidate 
need 
not 
be 
reported. 
Reports 
of 
Judges 
shall 
be 
in 
writing 


the 
Association 
may 
be 
a 
Judge 
on 
any 
question 
other 
than 
a 
vote 
for 
or 
against 
his 
election 
to 
any 
position 
with 
the 
Association 
or 
any 
other 
question 
in 
which 
he 
may 
be 
directly 
interested. 


3.12. 
Qrde; 
g: 
Euslngss. 
The 
order 
of 
business 
at 
the 
annual 
meeting 
of 
the 
Owners 
or 
at 
any 
special 
meetings 
insofar 
as 
practicable 
shall 
be: 
(a) 
Calling 
of 
the 
roll 
and 
certifying 
the 
proxies. 
(b) 
Proof 
of 
notice 
of 
meeting 
and 
waiver 
of 
notice. 
(c) 
Reading 
and 
disposal 
of 
any 
unapproved 
minutes. 
(:1) 
Appointment 
of 
Judges 
of 
Election. 
if 
appropriate. 
(e) 
Election 
of 
Trustees, 
if 
appropriate. 
(f) 
Receiving 
reports 
of 
officers. 
(g) 
Receiving 
reports 
of 
committees. 
(h) 
Old 
business. 
(i) 
New 
business. 


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ARTICLE 
IV 
BOARD 
OF 
TRUSTEES 


4.01. 
Qualifications. 
The 
following 
criteria 
shall 
be 
qualifica~ 
tions 
for 
nomination. 
appointment 
or 
election 
to 
a 
Trusteeship: 


(a) 
Member 
in 
good 
Standing: 
Membership 
in 
good 
standing 
and 
ownership 
of 
a 
Home 
shall 
be 
a 
qualification 
for 
nomination. 
appointment, 
election 
or 
service 
as 
a 
Trustee, 
and 
for 
continued 
service 
on 
the 
Board. 
excluding 
any 
Trustee 
representing 
the 
Developer. 
(b) 
Benggntationi 
Partnerships, 
corporations, 
limited 
liability 
companies 
or 
fiduciaries 
holding 
memberships 
in 
good 
standing 
may 
designate 
individuals 
to 
be 
eligible 
for 
nomination, 
appointment 
or 
election 
as 
Trustees 
in 
accordance 
with 
the 
following 
qualifications: 


(i) 
Partnership 
designees 
shall 
be 
nembers, 
employees 
or 
agents 
of 
the 
partnership; 
(ii) 
Corporate 
designees 
shall 
be 
officers, 
stock— 
holders. 
employees 
or 
agents 
of 
the 
corporation; 
(iii) 
Limited 
liability 
company 
designees 
shall 
be 
members 
or 
managers-of 
the 
limited 
liability 
company; 
and 


(iv) 
Fiduciary 
designees 
shall 
be 
fiduciaries, 
Co—Owners 
holding 
a 
membership 
in 
good 
standing 
may 
designate 
any 
one 
of 
them, 
but 
only 
one 
of 
them, 
to 
be 
eligible 
for 
nomination, 
appointment 
or 
election 
as 
a 
Trustee; 
however. 
in 
the 
case 
of 


any. 
disagreement, 
the 


of 
them 
to 
be 
eligible. 


10 


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be 
disqualified 
as 
a 
Director 
upon 
expiration 
of 
said 
thirty' 
(30) 
day 
period 
and 
a 
replacement 
shall 
be 
appointed 
by 
the 
Board 
of 
Trustees 
within 
thirty 
(30) 
days 
thereafter 
to 
serve 
the 
remainder 
of 
the 
team 
as 
contemplated 
by 
Section 
4.06 
hereof. 


Despite 
the 
aforesaid, 
any 
Trustee 
who 
conveys 
title 
to 
his 
Honm 
and 
no 
longer 
holds 
title 
to 
any 
other 
Home 
is 
automatically 
disqualified 
as 
a 
Trustee 
effective 
on 
the 
date 
of 
said 
conveyance. 


4.02. 
EEEQQE
» 
The 
Board 
of 
Trustees 
shall 
initially 
consist 
of 
three 
(3) 
Trustees 
(Trustees 
“A'
, 
‘B' 
and 
“C')
. 
Upon 
the 
initial 
conveyance 
of 
one 
hundred 
(100) 
Homes 
(i.e. 
25% 
of 
the 
total 
number 
of 
proposed 
Homes)
, 
the 
Board 
shall 
be 
expanded 
to 
five 
(5) 
Trustees, 
designated 
Trustees 
“A'
, 
“B"
, 
“C"
, 
“D’
, 
and 
"E'
. 


4.03. 
Transitigg._§;§g§ign§
. 
Within. 
thirty 
(30) 
days 
after 
the 
initial 
conveyances 
by 
the 
DeveloPer 
of 
one 
hundred 
(100) 
Homes 
(i.e. 
25% 
of 
the 
total 
number 
of 
proposed 
Homes)
, 
the 
President 
shall 
call 
a 
special 
meeting 
of 
the 
Membership 
of 
the 
Association 
for 
the 
purpose 
of 
holding 
the 
first 
election 
of 
Owners 
to 
the 
Board 
of 
Trustees 
(“Transition 
Election”)
. 
At 
this 
special 
meeting, 
Owners 
other 
than 
Developer 
shall 
be 
entitled 
to 
vote 
for 
and 
elect 
Trustees 
A 
and 
B 
from 
among 
such 
Owners 
in 
accordance 
with 
the 
provisions 
of 
Article 
III 
of 
these 
By-Laws, 
and 
the 
Developer 
shall 
be 


entitled 
to 
appoint 
Trustees 
C, 
D 
and 
8. 


Within 
thirty 
(30) 
days 
after 
the 
initial 
conveyance 
by 
the 
Developer 
of 
two 
hundred 
ninety-eight 
(298) 
Homes 
(i.e. 
75% 
of 
the 
total 
number 
of 
proposed 
Homes)
. 
the 
President 
shall 
again 
call 
a 
special 
meeting 
of 


the 
Membership 
of 
the 
Association 
for 
the 
purpose 
of 
holding 
Second

a 
Transition 
Election. 


At 
this 
special 
meeting, 
Owners 
other 
than 
the 
Developer 


Owners 
in 
accordance 
with 
the 
provisions 
of 
Article 
III_of 
these 
By~Laws 
and 


remains 
unsold 
in 
the 
ordinary 
course 
of 
its 
business. 


11

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Within 
thirty 
(30) 
days 
after 
all 
Homes 
have 
been 
initially 


conveyed, 
the 
President 
shall 
again 
call 
a 
special 
meeting 
for 
the 
third 


Transition 
Election 
at 
which 
Owners 
other 
than 
the 
Developer 
shall 
be 
entitled 


to 
vote 
for 
and 
elect 
Trustee 
E 
from 
among 
such 
Owners 
in 
accordance 
with 
the 


provisions 
of 
Article 
III 
hereof; 
provided 
that 
the 
Developer 
shall 
be 


entitled 
in 
its 
discretion 
to 
relinquish 
Trusteeship 
E 
at 
the 
time 
of 
the 


second 
Transition 
Election 
or 
any 
time 
thereafter 
prior 
to 
the 
conveyance 
of 


the 
last 
Home. 


In 
spite 
of 
the 
foregoing, 
if 
ten 
(10) 
years 
after 
the 
conveyance 


of 
the 
first 
Home, 
Owners 
other 
than 
the 
Developer 
still 
own 
less 
than 
298 


Homes, 
Owners 
other 
than 
the 
Developer 
may 
elect 
Trustees 
sufficient 
to 


assume 
control 
of 
the 
Board 
provided 
that 
the 
Owners 
other 
than 
the 
Developer 


agree 
by 
majority 
vote 
to 
assume 
such 
control 
as 
provided 
by 
mégyaégy 
5:26


8.4(d)
. 


Further, 
only 
Owners 
who 
are 
Members 
in 
Good 
Standing 
shall 
be 


eligible 
to 
be 
nominated, 
elected, 
or 
to 
serve 
on 
the 
Board 
of 
Trustees, 


except 
that 
in 
the 
case 
of 
Owners 
which 
are 
partnerships, 
corporations, 


limited 
liability 
companies 
or 
fiduciaries, 
including 
Developer, 
a 
designee 


shall 
be 
eligible 
if 
the 
Owner 
is 
a 
Member 
in 
Good 
Standing. 


Notice 
of 
the 
special 
meetings 
called 
pursuant 
to 
this 
Section 
for 


the 
purpose 
of 
holding 
Transition 
Elections 
shall 
be 
given 
not 
less 
than 
twenty 
(20) 
nor 
more 
than 
thirty 
(30) 
days 
prior 
to 
the 
date 
of 
the 
meeting. 


' 


Regardless 
of 
whether 
or 
not 
administrative 
control 
of 
the 
Board 
of 
Trustees 
has 
been 
surrendered 
to 
the 
Owners, 
as 
improvements 
to 
the 
Common 
Property 
are 
completed, 
the 
Developer 
shall 
cause 
same 
to 
be 
turned 
over 
to 


the 
Association 
at 
which 
time 
the 
Association 
shall 
assume 
responsibility 
for 
the 
repair 
and 
maintenance 
of 
same. 
The 
satisfactory 
completion 
of 
such 


architect 
or 
engineer 
selected 
by 
the 
Board 
of 
Trustees. 
This 
will 
in 
no 
way 
relieve 
the 
Developer 
of 
its 
warranty 
obligations 
pursuant 
to 
u,J.§.A. 
46:3B-
l 
eta-eq


12 


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4.04.W.Developer—appointed 
Trustees 
A 
and 
B 
shall 
serve 
until 
their 
successors 
have 
been 
qualified 
and 
elected 
at 
the 
Transition 
Election. 
Trustees 
A 
and 
B 
elected 
at 
the 
First 
Transition 
Election 
shall 
serve 
terms 
expiring 
at 
the 
annual 
meeting 
of 
the 
membership 
held 
in 
the 
second 
calendar 
year 
following 
the 
year 
in 
which 
the 
Transition 
Election 
is 
held. 
Trustees 
C, 
D 
and 
E 
shall 
serve 
a 
term 
expiring 
at 
the 
annual 
meeting 
held 
in 
the 
calendar 
year 
following 
the 
year 
in 
which 
the 
current 
term 
of 
Trustees 
A 
and 
B 
expires. 
Thereafter, 
all 
Trustees 
shall 
serve 
for 
two 
year 
terms. 
It 
is 
the 
purpose 
and 
intent 
hereof 
that 
subsequent 
to 
the 
Second 
and 
Third 
Transition 
Elections, 
whichever 
is 
applicable, 
the 
terms 
of 
Trustees 
A 
and 
B 
shall 
expire 
in 
alternate 
years 
to 
the 
terms 
of 
Trustees 
C, 
D 
and 
E. 


4.05.W-At‘ 
any 
duly 
held 
and 
constituted 
regular 
or 
special 
meeting 
of 
the 
Owners, 
any 
one 
or 
more 
Trustees 
may 
be 
removed 
with 
or 
without 
cause 
by 
vote 
of 
the 
majority 
of 
the 
Owners 
present, 
provided 
that 
the 
notice 
of 
the 
meeting 
expressly 
includes 
this 
item. 
A 
successor 
may 
then 
and 
there 
be 
appointed 
by 
a 
majority 
of 
the 
remaining 
Owner—elected 
Trustees 
to 
fill 
the 
vacancy 
thus 
created. 
Each 
person 
so 
appointed 
shall 
be 
a 
Trustee 
for 
the 
remainder 
of 
the 
term 
of 
the 
Trustee 
whose 
term 
he 
is 
filling 
and 
until 
his 
successor 
is 
duly 
elected 
and 


qualified. 
Any 
Trustee 
whose 
removal 
has 
been 
proposed 
shall 
be 
given 
an 
opportunity 
to 
be 
heard 
at 
the 
meeting. 
The 
failure 
of 
any 
Trustee 
to 
be 
a 
Member 
in 
Good 
Standing 
for 
a 
period 
of 
thirty 
(30) 
days 
or 
more 
shall 
be 
grounds 
for 
removal 
without 
any 
vote 
of 
the 
Members. 
An 
Owner~elected 
Trustee 
cannot 
be 
removed 
except 
by 
a 
majority 
vote 
of 
the 
Owners 
present 
other 
than 
the 
Developer. 
In 
the 
event 
that 
all 
of 
the 
Trustees 
are 
removed. 


successors 
shall 
be 
elected 
by 
the 
Owners 
other 
than 
the 
Developer 
in 
the 
manner 
set 
forth 
in 
Section 
4.03 
to 
fill 
the 
vacancies 
thus 
created. 
This 
section 
shall 
not 
apply 
to 
any 
Trustee 
appointed 
by 
the 
Developer. 


4.06. 
Vacancies. 
Vacancies 
on 
the 
Board 
of 
Trustees 
caused 
by 
any 
reason 
other 
than 
the 
removal 
of 
a 
Trustee 
by 
a 
vote 
of 
the 
Owners 
shall 
be 
filled 
by 
a 
vote 
of 
a 
majority 
of 
the 
remaining 
Trustees. 
including 
the 
13 


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Developer’s 
appointees, 
at 
a 
special 
meeting 
of 
the 
Board 
of 
Trustees 
held 
for 


that 
purpose 
promptly 
after 
the 
occurrence 
of 
any 
such 
vacancy. 
Each 
person 


so 
elected 
shall 
be 
a 
Trustee 
for 
the 
remainder 
of 
the 
term 
of 
the 
Trustee 


whose 
term 
he 
is 
filling 
and 
until 
his 
successor 
shall 
have 
been 
duly 
elected 


and 
qualified. 
Despite 
the 
foregoing. 
until 
the 
First 
Transition 
Election, 


the 
Developer 
shall 
have 
the 
right 
to 
fill 
all 
vacancies 
on 
the 
Board 
of 


Trustees 
by 
appointment. 
Owner—elected 
vacancies 
on 
the 
Board 
of 
Trustees 


shall 
only 
be 
filled 
by 
Owners 
other 
than 
the 
Developer. 
whether 
same 
are 


appointed 
pursuant 
to 
the 
provisions 
herein, 
or 
elected 
pursuant 
to 
the 


provisions 
of 
Section 
4.05. 


ARTICLE 
V 


TRANSACTION 
OF 
BUSINESS 
BY 
THE 


BOARD 
OF 
TRUSTEES 


5 
. 
01-WThe 
property. 
affairs 
and 
business 
of 
the 
Association 
shall 
be 
managed 
by 
the 
Board 
of 
Trustees, 
which 
shall 
have 
all 
those 
powers 
granted 
to 
it 
by 
the 
Certificate 


of 
Incorporation, 
the 
Declaration, 
these 
By-Laws, 
and 
by 
law. 


5.02. 
Developer's 
Ergtectivg 
Ergvisigns. 
After 
control 
of 
the 
Board 
of 
Trustees 
has 
become 
vested 
in 
Trustees 
elected 
by 
Members 
other 
than 
the 
Developer, 
and 
so 
long 
as 
the 
Developer 
owns 
at 
least 
one 
(1) 
Home 
and 


holds 
same 
for 
sale 
in 
the 
ordinary 
course 
of 
business, 
the 
following 
shall 


apply: 


(a) 
Neither 
the 
Association 
nor 
its 
Board 
of 
Trustees 
shall 
take 
any 
action 
that 
will 
impair 
or 
adversely 
affect 
the 
rights 
of 
the 
Developer 
or 
cause 
the 
Developer 
to 
suffer 
any 
financial, 
legal 
or 
other 
detriment. 
including 
but 
not 
limited 
to 
any 
direct 
or 
indirect 
interference 
with 
the 
sale 
of 
Homes, 
or 
the 
assessment 
of 
the 
Developer 
for 
capital 
improvements. 


(b) 
The 
Association 
and 
its 
Board 
of 
Trustees 
shall 
continue 
the 
same 
level 
of 
maintenance, 
operation 
and 


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Trustees. 
In 
such 
event, 
the 
Developer 
shall 
notify 


its 
veto 
right 
and 
any 
such 
proposal 
or 
action 
shall 
be 
deemed 
null 
and 
void 
ab 
initio 
and 
of 
no 
further 
force 
and 
effect. 
The 
aforementioned 
protective 
provisions 
shall 
be 
construed 
in 


accordance 
with 
and 
not 
in 
derogation 
of 
mid-Lg. 
5:26-8.4 
of 
the 
regulations 
promulgated 
pursuant 
to 
the 
New 
Jersey 
Planned 
Real 
Estate 
Development 
Full 
Disclosure 
Act. 
3.51.5.3. 
45:22A—
l 
fl 
slag.
“ 
and 
same 
shall 
not 
be 
amended 
without 
the 
emress 
written 
consent 
of 
the 
Developer. 


p 


5.03. 
Meeting 
52: 
the 
Board; 
Notices; 
Waiver 
of 
flotige. 
The 
first 
meeting 
of 
the 
Board 
shall 
be 
held 
within 
ten 
(10) 
days 
after 
the 
first 
annual 
meeting 
of 
the 
Owners 
and 
at 
such 
time 
and 
place 
as 
shall 
be 
fixed 
by 
a 
majority 
of 
the 
Board. 
No 
notice 
shall 
be 
necessary. 
Thereafter, 
regular 
meetings 
of 
the 
Board 
may 
be 
held 
at 
such 
time 
and 
place 
as 
shall 
be 
determined 
from 
time 
to 
time 
by 
a 
majority 
of 
the 
Board, 
but 
at 
least 
two 
(2) 
meetings 
shall 
be 
held 
each 
year. 
Notice 
of 
regular 
meetings 
of 
the 
Board 


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shall 
be 
given 
to 
each 
Trustee 
by 
telephone, 
mail, 
or 
telegram 
at 
least 
three 


(3) 
days 
prior 
to 
the 
day 
of 
the 
meeting. 
Special 
meetings 
of 
the 
Board 
may 
telephone, 
mail 
or 
telegram. 
which 
notice 
shall 
state 
the 
time. 
place 
and 


Special 
meetings 
of 
the 
Board 
shall 
be 
called 
by 
the 
the 
written

President 
or 
the 
Secretary 
in 
like 
runner 
and 
on 
like 
notice 
on 


request 
of 
at 
least 
two 
(2) 
Trustees. 
Any 
Trustee 
may 
waive 
notice 
of 
any 
meeting 
of 
the 
Board 
in 
writing 
at 
any 
time, 
and 
such 
waiver 
shall 
be 
deemed 
equivalent 
to 
the 
giving 
of 
notice. 
Actual 
attendance 
by 
a 
Trustee 
at 
any 


meeting 
of 
the 
Board 
shall 
constitute 
a 
waiver 
of 
notice 
by 
him 
of 
the 
time 
and 
place 
thereof. 
If 
all 
the 
Trustees 
are 
present 
at 
any 
meeting 
of 
the 
Board. 
no 
notice 
shall 
be 
required 
and 
any 
business 
may 
be 
transacted 
at 
such 
meeting. 
Meetings 
of 
the 
Board 
of 
Trustees 
shall 
be 
conducted 
in 
accordance 
with 
N.J.S.A. 
45:22A—46 
and 
N.J.A.C. 
5:20—l.
1 
and 
Section 
5.08 
herein. 


’ 
5.04. 
Quorum 
and 
Adjourned 
Meetings. 
At 
all 
meetings 
of 
the 
Board 
of 
Trustees, 
a 
majority 
of 
the 
Trustees 
shall 
constitute 
a 
quorum 
for 
the 
transaction 
of 
business 
and 
the 
votes 
of 
a 
nejority 
of 
the 
Trustees 
present 
and 
voting 
at 
a 
meeting 
at 
which 
a 
quorum 
is 
present 
shall 
constitute 
a 
valid 
decision. 
If 
at 
any 
meeting 
of 
the 
Board, 
there 
shall 
be 
less 
than 
a 
quorum 
present, 
the 
Trustee 
present 
shall 
adjourn 
the 
meeting 
to 
a 
new 
date. 
At 
any 
such 
adjourned 
meeting 
at 
which 
a 
quormn 
is 
present. 
any 
business 
which 
may 
have 
been 
transacted 
at 
the 
original 
meeting 
may 
be 
transacted 
without 
further 
notice. 
The 
vote 
of 
a 
majority 
of 
those 
present 
at 
a 
Board 
meeting 
at 
which 
a 
quorum 
is 
present 
shall 
be 
necessary 
for 
valid 
action 
by 
the 
Board 
on 
any 


matter. 


5.05. 
Joinder 
in 
Meetings 
91 
Approval 
0; 
Minutes. 
Subject 
to 
the 
provisions 
of 
m,1.$.A. 
45:22A—46 
and 
fl.g.A.g. 
5:20—1.1, 
the 
transaction 
of 
any 
business 
at 
any 
meeting 
of 
the 
Board, 
however 
called 
and 
noticed, 
or 
wherever 
held, 
shall 
be 
as 
valid 
as 
if 
transacted 
at 
a 
meeting 
duly 
held 
after 
regular 
call 
and 
notice. 
if 
(i) 
a 
quorum 
is 
present; 
and 
(ii) 
either 
before 
or 
after 
the 
meeting, 
each 
Trustee 
signs 
a 
written 
waiver 
of 
notice, 
or 
a 
consent 
to 
the 
holding 
of 
the 
meeting. 
or 
an 
approval 
of 
the 
minutes 
thereof 
or 
of 
the 


16 


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Declaration, 
the 
entire 
Board 
of 
Trustees 
shall 
have 
the 
power 
to 
take 
action 
on 
any 
matter 
on 
which 
it 
is 
authorized 
to 
act, 
without 
the 
necessity 
of 


a 
formal 
meeting 
and 
vote 
if 
the 
entire 
Board, 
or 
all 
the 
Trustees 
empowered 
to 
act, 
whichever 
the 
case 
may 
be, 
shall 
consent 
in 
writing 
to 
such 
action. 


5.08. 
Mestingg_Qnen_tg_aer§L,mgtige-All 
Meetings 
of 
the 
Board 
of 
Trustees, 
except 
conferences 
or 
working 
sessions 
at 
which 
no 
binding 
votes 
are 
to 
be 
taken, 
shall 
be 
open 
to 
attendance 
by 
all 
Owners, 
subject 
to 
those 
exceptions 
set 
forth 
in 
u;fiés&5‘ 
45:22A—46 
and 
E.J.A.C. 
5:20-l.1, 
as 
now 
or 
hereafter 
amended. 
The 
Board 
of 
Trustees 
may 
exclude 
or 
restrict 
attendance 
at 
those 
meetings, 
or 
portions 
of 
meetings, 
at 
which 
any 
of 
the 
following 
matters 
are 
to 
be 
discussed: 
1) 
any 
matter 
the 
disclosure 
of 
which 
would 
constitute 
an 
unwarranted 
invasion 
of 
individual 
privacy; 
2) 
any 
pending 
or 


'enticipated 
litigation 
or 
contract 
negotiations; 
3) 
any 
matters 
falling 
within 
the 
attorney~client 
privilege, 
to 
the 
extent 
that 
confidentiality 
is 
required 
in 
order 
for 
the 
attorney 
to 
exercise 
his 
ethical 
duties 
as 
a 
lawyer; 
or 
4) 
any 
matter 
involving 
the 
employment, 
promotion, 
discipline 
or 
dismissal 
of 
a 
specific 
officer 
or 
employee 
of 
the 
Association. 
Adequate 
written 
notice 
of 
the 
time, 
place 
and 
the 
agenda, 
to 
the 
extent 
known, 
of 
all 
such 
open 
meetings 
shall 
be 
given 
by 
the 
Board 
of 
Trustees 
to 
all 
Owners 
at 
least 
forty—eight 


(48) 
hours 
in 
advance 
of 
such 
meeting 
in 
the 
manner 
required 
by 
fl,Q.A.C. 
5:201.2(
b)
. 
moreover, 
the 
Board 
of 
Trustees 
shall 
also 
within 
seven 
(7) 
days 
17

573809.04 



following 
the 
Annual 
Meeting 
of 
the 
Association 
post, 
mail 
to 
newspapers 
and 
file 
with 
the 
administrator 
of 
the 
business 
office 
of 
the 
Association 
a 
schedule 
of 
the 
regular 
meetings 
of 
the 
Board 
of 
Trustees 
to 
be 
held 
in 
the 
succeeding 
year, 
as 
prescribed 
by 
N.J.A.g. 
5:20—1.2(c) 
and 
make 
appropriate 
revisions 
thereto. 
all 
as 
required 
by 
H,Q.A.C. 
5:20-l.2(c)l. 


ARTICLE 
VI 
POWERS 
AND 
DUTIES 
OF 
BOARD 
OF 
TRUSTEES 


6.01. 
General 
Pogg;g_§nd 
Privileces. 
Subject 
to 
the 
Declaration, 
the 
Association 
may 
do 
all 
that 
it 
is 
legally 
entitled 
to 
do 
under 
the 
laws 
applicable 
to 
its 
form 
of 
organization. 
The 
Association 
shall 
discharge 
its 
powers 
in 
a 
manner 
that 
protects 
and 
furthers 
the 
health, 
safety 
and 
general 
welfare 
of 
the 
residents 
of 
the 
Community. 
The 
Association 
shall 
provide 
a 
fair 
and 
efficient 
procedure 
for 
the 
resolution 
of 
disputes 
between 
individual 
Owners 
and 
the 
Association, 
and 
between 
different 
Owners, 
that 
shall 
be 


readily 
available 
as 
an 
alternative 
to 
litigation. 


may 
be 
necessarily 
implied. 


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(c) 


(d) 


(e) 


(f) 


(h) 
To 
enforce 
obligations 
of 
the 
Owners 
and 
do 
anything 
and 
everything 
else 
necessary 
and 
proper 
for 
the 
sound 
management 
of 
the 
Property, 
including 
the 
right 
to 
bring 
or 
defend 
lawsuit 
to 
enforce 
the 
terms, 
conditions 
and 
restrictions 
contained 
in 
the 
Declaration. 
these 
By-oLaws, 
or 
any 
Rules 
and 


Regulations; 
and 


To 
borrow 
and 
repay 
monies 
giving 
notes, 
mortgages 
or 


other 
security 
upon 
such 
term 
or 
terms 
as 
it 
deems 


necessary; 
and 


To 
invest 
and 
reinvest 
monies, 
sue 
and 
be 
sued, 
collect 
interest, 
dividends, 
and 
capital 
gains,
exercise 
rights,-pay 
taxes; 
make 
and 
enter 
into 
contracts: 
enter 
into 
leases 
or 
concessions; 
make 
and 
execute 
any 
and 
all 
proper 
affidavits 
for 
various 
purposes; 
compromise 
any 
action 
without 
leave 
of 
court; 
and 
all 
other 
powers 
contained 
herein, 
and 
those 
necessary 
and 
incidental 
thereto; 
and 


19 



(k) 
To 
transfer, 
grant 
or 
obtain 
easements, 
licenses 
and 
other 
property 
rights 
with 
respect 
to 
the 
Property 
in 
a 
manner 
not 
inconsistent 
with 
the 
rights 
of 
Owners; 
and 
(1) 
To 
purchase 
or 
lease 
or 
otherwise 
acquire 
in 
the 
name 
of 
the 
Association 
or 
its 
designees, 
corporate 
or 
otherwise, 
on 
behalf 
of 
all 
Owners, 
Homes 
offered 
for 
sale 
or 
lease 
or 
surrendered 
by 
their 
Owners 
to 
the 
Board 
provided 
that 
the 
foregoing 
shall 
not 
be 
construed 
to 
constitute 
a 
right. 
of 
first 
refusal; 
and 
(m) 
To 
purchase 
Homes 
within 
the 
Community 
at 
foreclosure 
or 
other 
judicial 
sales 
in 
the 
name 
of 
the 
Association 
or 
its 
designees, 
corporate 
or 
otherwise, 
on 
behalf 
of 
all 
Owners; 
and 
(11) 
To 
sell. 
lease, 
mortgage 
(but 
not 
vote 
the 
votes 
appurtenant 
thereto) 
or 
otherwise 
deal 
with 
Homes 
acquired 
by 
the 
Association, 
and. 
sublease 
any 
such 
Homes 
leased 
by 
the 
Association 
or 
its 
designees, 
on 
behalf 
of 
all 
Owners; 
and 


(0) 
To 
bring 
and 
defend 
actions 
by 
or 
against 
more 
than 
one 
Owner 
which 
are 
pertinent 
to 
the 
operation 
of 
the 
Community. 
the 
health, 
safety 
or 
general 
welfare 
of 
the 
Owners, 
or 
any 
other 
legal 
action 
to 
which 
the 
Owners 
my 
consent 
in 
accordance 
with 
these 
By-Laws; 
and 


(D) 
To 
appoint 
an 
Insurance 
Trustee, 
who 
shall 
not 
be 
a 
insurance 
proceeds; 
and 


20 


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(q) 
To 
create, 
appoint 
members 
to 
and 
disband 
such 
committees 
as 
shall 
from 
time 
to 
time 
be 
deemed 
appropriate 
or 
necessary 
to 
aid 
the 
Board 
of 
Trustees 
in 
the 
discharge 
of 
its 
duties. 
functions 
and 
powers; 
and 


(r) 
To 
establish 
an 
Architectural 
Control 
Committee 
as 
hereinafter 
provided 
in 
Article 
X. 
6.02.W.It 
shall 
be 
the 
affirmative 
and 
perpetual 
obligation 
and 
duty 
of 
the 
Board 
of 
Trustees 
to 
perform 
the 
To 
cause 
the 
Common 
Property 
to 
be 
maintained 
according 
to 
accepted 
standards 
and 
as 
set 
forth 
in 
the 
Declaration. 
All 
repairs 
and 
replacements 
shall 
be 
substantially 
similar 
to 
the 
original 
application 
and 
installation 
and 
shall 
be 
of 
first 
class 
quality; 
and 


(b) 
To 
investigate, 
hire, 
pay, 
supervise 
and 
discharge 
the 
personnel 
necessary 
to 
be 
employed, 
and 
provide 
the 
equipment 
and 
materials 
necessary, 
to 
properly 
maintain 
and 
operate 
the 
Common 
Property. 
Compensation 
for 
the 
services 
of 
such 
employees 
(as 
evidenced 
by 
certified 
payroll) 
shall 
be 
considered 
an 
operating 
expense 
of 
the 
Association; 
and 
To 
cause 
to 
be 
kept 
a 
complete 
record 
of 
all 
its 
acts 
and 
corporate 
affairs 
and 
to 
present 
a 
sununary 
report 
thereof 
to 
the 
Members 
at 
the 
annual 
meeting 
or 
at 
any 
special 
meeting 
when 
requested 
in 
writing 
at 
least 
twenty—one 
(21) 
days 
in 
advance 
by 
Members 
entitled 
to 
cast 
at 
least 
twenty-five 
(25%
) 
percent 
of 
the 
total 
votes 
of 
the 
Association; 
and 


(d) 
To 
allocate 
common 
surplus 
or 
make 
repairs, 
additions. 
improvements 
to, 
or 
restoration 
of 
the 
Common 
Property 
21 


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in 
accordance 
with 
the 
provisions 
of 
these 
By—Laws 
and 
the 
Declaration. 
after 
damage 
or 
destruction 
by 
any 
casualty, 
or 
as 
a 
result 
of 
condemnation 
or 
eminent 
domain 
proceedings; 
and 


(e) 
To 
take 
such 
action 
as 
may 
be 
necessary 
to 
comply 
promptly 
with. 
any 
and 
all 
orders 
or 
requirements 
affecting 
the 
premises 
maintained 
by 
the 
Association 
placed 
thereon 
by 
any 
federal, 
state, 
county 
or 
municipal 
authority 
having 
jurisdiction 
thereover. 
and 
order 
of 
the 
Board 
of 
Fire 
Underwriters 
or 
other 
similar 
bodies; 
and 
(f) 
To 
nenage 
the 
fiscal 
affairs 
of 
the 
Association 
as 
provided 
in 
Article 
VII; 
(g) 
To 
cause 
the 
Community 
to 
continue 
to 
qualify 
as 
55 
or 
Over 
Housing 
under 
the 
nhousing 
for 
older 
persons' 
exemption 
of 
the 
Fair 
Housing 
Amendments 
Act 
of 
1988 
and 
the 
Housing 
for 
older 
Persons 
Act 
of 
1995, 
by 
the 
publication 
and 
adherence 
to 
the 
policies 
and 
procedures 
that 
demonstrate 
said 
intent, 
including, 
but 
not 
limited 
to: 


(i) 
the 
manner 
in 
which 
the 
Community 
is 
described 
to 
prospective 
Permitted 
Residents; 
the 
advertising 
designed 
to 
attract 
prospective 
Permitted 
Residents; 
the 
lease 
provisions; 
the 
Rules 
and 
Regulations, 
the 
Deed 
and 
the 
terms 
of 


actual 
practices 
of 
the 
Community: 
and 
the 
public 
posting 
on 
the 
Common 
Property 
of 
statements 
describing 
the 
Community 
as 
housing 


for 
persons 
55 
years 
of 
age 
or 
older;
; 


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occupancy 
of 
each 
Home, 
including 
the 
identification 
of 
Homes 
occupied 
by 
persons 
55 
years 
of 
age 
or 
older, 
which 
procedures 
must 
take 
place 
at 
least 
once 
every 
two 
years, 
which 
shall 
include 
appropriate 
documentation, 
including 
but 
not 
limited 
to, 
driver‘
s 
license, 
birth 
certificate, 
certification 
or 
other 
document 
signed 
by 
a 
Permitted 
Resident 
asserting 
that 
at 
least 
one 
Permitted 
Resident 


of 
the 
Home 
is 
55 
years 
of 
'age 
or 
older, 
except 
to 
the 
extent 
that 
particular 
persons 
have 
previously 
provided 
age 
verification, 
copies 
of 
which 
are 
still 
available 
in 
the 
records 
of 
the 
Association. 


(h) 
To 
place 
and 
keep 
in 
force 
all 
insurance 
coverages 
required 
to 
be 
maintained 
by 
the 
Association, 
applicable 
to 
its 
property 
and 
Members 
including. 
but 
not 
limited 
to: 
(i) 
Bhysigal 
garage 
Igggrance. 
To 
the 
extent 
available 
in 
the 
normal 
commercial 
marketplace, 
hroad 
form 
insurance 
against 
lass 
by 
fire 
and 
against 
loss 
by 
lightning, 
Windstorm 
and 
other 
risks 
normally 
included 
within 
all 
risk 
extended 
coverage. 
including 
vandalism 
and 
malicious 
mischief. 
insuring 
all 
Common 
Property 
and 
supplies 
belonging 
to 
the 
Association, 
and 
23 


573609.04 



covering 
the'interest 
of 
the 
Association, 
the 
Board, 
the 
Developer, 
all 
Owners 
and 
any 
Mortgage 
Holder 
who 
has 
requested 
the 
Association 
in 
writing 
to 
be 
named 
as 
loss 
payee, 
as 
their 
respective 
interests 
may 
appear, 
in 
an 
amount 
equal 
to 
the 
full 
replacement 
value 
of 
the 
Common 
Property 
(exclusive 
of 
foundations 
and 
footings)
. 
The 
amount 
of 
any 
deductible 
and 
the 
responsibility 
for 
payment 
of 
same 
shall 
be 
determined 
by 
the 
Board, 
in 
its 
sole 
discretion. 


(ii) 
£13m}
: 
Liability 
gnsurance. 
To 
the 
extent 
available 
in 
the 
normal 
commercial 
marketplace, 
public 
liability 
insurance 
for 
personal 
injury 
and 
death 
from 
accidents 
occurring 
within 
the 
Community 
(and 
any 
other 
areas 
which 
the 
Board 
of 
Trustees 
may 
deem 
advisable) 
and 
the 
defense 
of 
any 
actions 
brought 
by 
injury 
or 
death 
of 
a 
person 
or 
damage 
to 
property 
occurring 
within 
the 
Community 
and 
not 
arising 
by 
reason 
of 
any 
act 
or 
negligence 
of 
any 
individual 
Owner. 
Such 
insurance 
shall 
be 
in 
such? 
limits 
as 
the 
Board 


agent, 
the 
manager, 
and 
each 
Member. 
and 
also 


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Board 
of 
Trustees 
shall 
review 
such 
limits 
once 


the 
extent 
available 
in 
the 
normal 
commercial 


and 
defending 
the 
Trustees 
and 
Officers 
of 
the 
Association 
for 
their 
own 
negligence, 
against 
the 
liability 
for 
errors 
and 
omissions 
occurring 
in 
connection 
with 
the 
performance 
of 
their 
duties. 
in 
an 
amount 
of 
at 
least 
$1,000,000.00, 
with 
any 
deductible 
amount 
to 
be 
in 
the 
sole 


discretion 
of 
the 
Board 
of 
Trustees. 


(W)W.Workers 
compensation 
and 
New 
Jersey 
disability 
benefits 
insurance 
as 
required 
by 
law. 
(v) 
ce; 
Insurance. 
Such 
other 
insurance 
as 
the 
Board 
of 
Trustees 
may 
determine. 
All 
policies 
shall: 
(i) 
provide 
that 
adjustment 
of 
loss 
shall 
be 


made 
by 
the 
Board 
of 
Trustees; 
(ii) 
to 
the 
extent 
obtainable 
contain 
agreed 


amount 
and 
inflation 
guard 
endorsements; 
construction 
code 
endorsement; 


contingent 
liability 
from 
operation 
of 
building 
laws 
endorsement; 
demolition 


cost 
endorsement: 
and 
increased 
cost 
of 
construction 
endorsement; 
(iii) 


require 
that 
the 
proceeds 
of 
physical 
damage 
insurance 
be 
applied 
to 
the 


restoration 
of 
such 
Property 
and 
structural 
portions 
and 
service 
machinery 
as 
required 
by 
the 
Declaration 
and 
these 
By-Laws; 
(iv) 
provide 
that 
the 
insurance 
will 
not 
be 
prejudiced 
by 
any 
act 
or 
omission 
of 
individual 
Members 
that 
are 
not 
under 
the 
control 
of 
the 
Association; 
(v) 
provide 
that 
the 
policy 
will 
be 
primary, 
even 
if 
insurance 
covering 
the 
same 
loss 
is 
held 
by 
any 
Member(s)
; 
(vi) 
to 
the 
extent 
obtainable 
contain 
waivers 
of 
subrogation 
and 
waivers 
of 


any 
defense 
based 
on 
co~insurance 
or 
of 
invalidity 
arising 
from 
any 
acts 
of 


the 
insured; 
and 
(vii) 
provide 
that 
such 
policies 
may 
not 
be 
cancelled 
without 


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at 
least 
thirty 
(30) 
days 
prior 
written 
notice 
to 
all 
of 
the 
named 
insureds, 


including 
all 
Owners 
and 
Eligible 
Mortgage 
Holders. 


All 
policies 
shall 
show 
the 
named 
insured 
as: 
“The 
Village 
Grande 


at 
English 
Mill 
Homeowners 
Association, 
Inc.
" 
and 
must 
require 
the 
insurer 
to 


notify 
in 
writing 
the 
Association 
and 
each 
Eligible 
Mortgage 
Holder 
or 
other 


entity 
named 
in 
the 
mortgagee 
clause 
at 
least 
thirty 
(30) 
days 
before 
it 


terminates 
or 
substantially 
changes 
the 
Association’s 
coverage. 


The 
Board 
of 
Trustees 
may 
determine. 
in 
its 
sole 
discretion, 
the 


amount 
of 
any 
deductible 
and 
the 
responsibility 
for 
payment 
of 
same 
as 
to 
any 


policy 
of 
insurance 
maintained 
under 
this 
subsection. 
Despite 
any 
other 


provisions 
of 
this 
subsection, 
the 
Association 
shall 
not 
be 
required 
to 


provide 
any 
type 
or 
amount 
of 
insurance 
not 
commonly 
available 
in 
the 
normal 


commercial 
marketplace. 


The 
premiums 
for 
any 
and 
all 
insurance 
coverage 
maintained 
by 
the 


Association 
shall 
be 
a 
Common 
Expense 
of 
the 
Association. 


In 
addition 
to 
the 
insurance 
required 
to 
be 
provided 
by 
Section 


11.09 
of 
the 
Declaration, 
Owners 
shall 
not 
be 
prohibited 
from 
carrying 
other 
insurance 
for 
their 
own 
benefit 
provided 
that 
all 
such 
policies 
shall 
contain 
waivers 
of 
subrogation: 
and, 
further 
provided 
that 
the 
liability 
of 
the 
carriers 
issuing 
insurance 
obtained 
by 
the 
Board 
of 
Trustees 
shall 
not 
be 
affected 
or 
diminished 
by 
reason 
of 
any 
such 
additional 
insurance 
carried 
by 
any 
Owner. 
ARTICLE 
VII 
FISCAL 
MANAGEMENT 


7.01. 
Budget; 
common 
Expense 
Assessments. 
The 
Board 
of 
Trustees 
shall 
prepare 
an 
annual 
Common 
Expense 
budget 
which 
reflects 
the 
anticipated 
operating 
expenditures 
and 
repair 
and 
replacement 
reserve 
accumulation 
requirements 
for 
the 
next 
ensuing 
fiscal 
year 
of 
the 
Association. 
Common 
Expenses 
shall 
include, 
but 
are 
not 
limited 
to, 
the 
estimated 
costs 
for 
the 
operation, 
repair 
and 
maintenance 
of 
the 
Common 
Property, 
the 
estimated 
costs 
for 
the 
operation 
of 
the 
Association. 
and 
any 
reserves 
for 
deferred 
maintenance, 
replacement. 
or 
capital 
improvements 
of 
the 
Property. 
The 
Board 


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7.02. 
Det 
mi 
1 
n 
f 
The 
amount 
of 
monies 
for 
Common 
Expenses 
deemed 
necessary 
by 
the 
Board 
of 
Trustees 
and 
the 
manner 
of 
expenditure 
thereof, 
including 
but 
not 
limited 
to, 
the 
allocation 
thereof, 
shall 
be 
a 
matter 
for 
the 
sole 
discretion 
of 
the 
Board 
of 
Trustees. 
7.03.W. 
The 
Board 
of 
Trustees 
shall 
take 
and 
hold 
the 
funds 
as 
collected 
and 
shall 
disburse 
the 
same 
for 
the 
purposes 
and 
in 
the 
manner 
set 
forth 
herein 
and 
as 
required 
by 
the 
Declaration, 
Certificate 
of 
Incorporation, 
and 
applicable 
law. 


7.04. 
Depositories. 
The 
depository 
of 
the 
Association 
shall 
be 
such 
a 
bank 
or 
banks 
as 
shall 
be 
designated 
from 
time 
to 
time 
by 
the 
Board 
of 
Trustees 
and 
in 
which 
the 
monies 
of 
the 
Association 
shall 
be 
deposited. 
withdrawal 
of 
monies 
from 
such 
accounts 
shall 
be 
only 
by 
checks 
signed 
by 
such 
parties 
as 
are 
authorized 
by 
the 
Board 
of 
Trustees, 
provided 
that 
a 
management 
agreement 
may 
include 
among 
its 
provisions 
authority 
for 
the 
manager 
to 
sign 


checks 
on'behalf 
of 
the 
Association 
for 
payment 
of 
the 
obligations 
of 
the 
Association, 
if 
the 
proper 
fidelity 
bond 
is 
furnished 
to 
the 
Association. 


7.05.W. 
The 
receipts 
and 
expenditures 
of 
the 
Association 
shall 
be 
Common 
Expense 
Assessments 
and 
Common 
Ecpenses 
respectively, 
and 
shall 
be 
credited 
and 
charged 
to 
aceounts 
under 
the 
following 
classifications 
as 
the 
Board 
of 
Trustees 
shall 
deem 
appropriate, 
all 
of 
which 
expenditures 
shall 
be 
Common 
Expenses: 
(a) 
Current 
expenses, 
which 
shall 
include 
expenditures 
within 
the 
year 
for 
which 
the 
budget 
is 
made, 
including 
reasonable 
allowances’for 
contingencies 
and 
working 
funds. 
Current 
expenses 
shall 
not 
include 
expenditures 
chargeable 
to 
reserves. 
At 
the 
end 
of 
each 
year, 
the 
unexpended 
amount 
remaining 
in 
this 
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account 
shall 
be 
applied 
to 
reduce 
the 
assessments 
for 
current 
expenses 
for 
the 
succeeding 
year 
or 
may 
be 
distributed 
to 
the 
current 
membership 
in 
the 
same 
manner 
as 
assessed, 
as 
the 
Board 
of 
Trustees 
shall 
determine. 


(b) 
Reserve 
for 
deferred 
maintenance, 
which 
shall 
include 
funds 
for 
maintenance 
items 
that 
occur 
less 
frequently 
than 
annually. 
to) 
Reserve 
for 
replacement, 
which 
shall 
include 
funds 
for 
repair 
or 
replacement 
of 
the 
Common 
Property 
and 
those 
portions 
of 
the 
improvements 
located. 
on 
the 
Common 
Property 
which 
the 
Association 
is 
obligated 
to 
maintain 
or 
repair 
which 
is 
required 
because 
of 
damage, 
depreciation 
or 
obsolescence. 
The 
amounts 
in 
this 
account 
shall 
be 
allocated 
among 
each 
of 
the 
separate 
categories 
of 
replacement 
items, 
which 
amounts 
and 
items 
shall 
be 
determined 
in 
the 
sole 
and 
absolute 
discretion 
of 
the 
Board 
of 
Trustees 
which 
may 


of 
its 
useful 
life. 


(d) 
Reserves 
for 
capital 
improvements, 
which 
shall 
include 
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fund. 


(f) 
Working 
capital, 
including 
those 
nonrefundable" 
and 
nontransferable 
initiation 
fees 
imposed 
upon 
each 
Owner 
upon 
acquisition 
of 
title 
to 
a 
Home 
pursuant 
to 


Trustees 
in 
its 
reasonable 
discretion 
to 
meet 


unanticipated 
or 
other 
expenses 
of 
the 
Association 
(but 
not 
in 
order 
to 
reduce 
the 
annual 
Common 
Expense 
assessment) 
. 


(9) 
Bulk 
real 
estate 
tax 
reserve, 
which 
shall 
be 
those 
funds 
collected 
by 
the 
Association 
as 
Miscellaneous 
Assessments 
to 
enable 
the 
Association 
to 
pay 
to 
the 
Township 
of 
Egg 
Harbor 
those 
amounts 
estimated 
or 


assessed 
and 
billed 
as 
real 
estate 
taxes 
against 
the 
Common 
Property 
as 
a 
whole 
until 
such 
time 
as 
the 
Township 
of 
Egg 
Harbor 
assesses 
and 
bills 
all 
real 
estate 
taxes 
on 
a 
per 
unit 
basis. 


The 
Board 
of 
Trustees 
shall 
not 
be 
required 
to 
physically 
segregate 
the 
funds 
held 
in 
the 
above 
accounts 
except 
for 
reserves 
for 
replacementand 
repair, 
which 
funds 
must 
be 
maintained 
in 
separate 
accounts. 
The 
Board 
of 
Trustees 
may, 
in 
its 
sole 
discretion, 
maintain 
the 
remaining 
funds 
in 
one 
or 
more 
consolidated 
accounts. 
As 
to 
each 
consolidated 
account. 
the 
division 
into 
the 
various 
accounts 
set 
forth 
above 
need 
be 
made 
only 
on 


the 
Association’s 
records. 


7.06. 
Essex-vs 
. 
The 
Board 
of 
Trustees 
shall 
not 
be 
obligated 
to 
spend 
all 
of 
the 
revenues 
collected 
in 
any 
accounting 
period 
and 
must 
maintain 
reasonable 
reserves 
for, 
among 
other 
things, 
repairs, 
replacements. 

emergencies. 
contingencies 
for 
bad 
weather 
or 
uncollected 
accounts. 
Despite 


anything 
herein 
to 
the 
contrary. 
the 
Board 
of 
Trustees 
in 
its 
determination 
of 
the 
Common 
Expenses 
and 
the 
preparation 
of 
a 
budget 
shall 
specifically 
designate 
and 
identify 
that 
portion 
of 
the 
Common 
Expenses 
which 
is 
to 
be 


assessed 
against 
the 
Owners 
as 
a 
capital 
contribution 
and 
is 
allocable 
to 
reserves 
for 
each 
separate 
item‘ 
of 
capital 
improvement 
of 
and 
to 
the 
Common 
Property. 
The 
amounts 
assessed 
and 
collected 
for 
the 
reserves 
shall 
be 
kept 
in 
one 
or 
more 
interest~bearing 
savings 
accounts, 
or 
certificates 
of 
deposit 
and 
shall 
not 
be 
utilized 
for 
any 
purpose 
other 
than 
that 
which 
was 
contemplated 
at 
the 
time 
of 
the 
assessment. 
The 
foregoing 
shall 
not 
be 
construed 
to 
mean 
that 
the 
Board 
of 
Trustees 
shall 
not 
be 
permitted 
to 
keep 


necessary 
discharge 
of 
its 
functions. 


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installment 
upon 
any 
assessment, 
the 
Board 
of 
Trustees 
may 
accelerate 
the 
remaining 
installments 
of 
the 
assessment 
and 
file 
a 
lien 
for 
such 
accelerated 
amount 
upon 
notice 
to 
the 
delinquent 
Owner, 
and 
if 
the 
delinquent 
installment 
has 
not 
been 
theretofore 
paid, 
the 
then 
unpaid 
balance 
of 
the 
assessment 
shall 
become 
due 
upon 
the 
date 
stated 
in 
the 
notice. 
which 
date 
shall 
not 
be 
less 
than 
five 
(5) 
days 
after 
delivery 
of 
the 
notice 
to 
the 
Owner 
or 
not 
less 
than 
ten 
(10) 
days 
after 
the 
mailing 
of 
such 
notice 
to 
him 
by 
registered 
or 
certified 
mail; 
whichever 
shall 
first 
occur. 
If 
no 
such 
notice 
is 
given 
and 
default 
shall 
continue 
for 
a 
period 
of 
thirty 
(30) 
days, 
the 
Board 
of 
Trustees 
shall 
he 
required 
to 
accelerate 
the 
remaininginstallments 
of 
the 
assessment 
upon 
similar 
notice 
to 
the 
Owner 
and 
to 
file 
a 
lien 
for 
such 
accelerated 
assessment 
as 
permitted 
by 
law 
if 
the 
delinquent 
'assessment 
has 
not 
been 


heretofore 
paid. 
In 
the 
latter 
event, 
the 
Board 
of 
Trustees 
may 
also 
notify 
any 
Eligible 
Mortgage 
Holder 
holding 
a 
mortgage 
which 
encumbers 
the 
Home 
affected 
by 
such 
default 
or 
publish 
appropriate 
notice 
of 
such 
delinquency 
to 
the 
membership 
of 
the 
Association. 
If 
any 
default 
continues 
for 
a 
period 
of 
ninety 
(90) 
days, 
the 
Board 
of 
Trustees 
shall 
foreclose 
the 
foregoing 
lien 
pursuant 
to 
law 
or 
commence 
a 
suit 
against 
the 
appropriate 
parties 
to 
collect 
the 
assessment 
or 
both. 


7.09. 
Interest 
and 
Cogggl 
Fees. 
The 
Board 
of 
Trustees 
at 
its 
option 
shall 
have 
the 
right 
in 
connection 
with 
the 
collection 
of 
any 
assessment, 
or 
other 
charge. 
to 
impose 
a 
late 
fee 
of 
any 
reasonable 
amount 
or 
interest 
at 
the 
legal 
maximum 
rate 
permitted 
by 
law 
for 
the 
payment 
of 


delinquent 
real 
estate 
taxes 
or 
both, 
if 
payment 
is 
made 
after 
a 
date 
certain 
stated 
in 
such 
notice. 
In 
the 
event 
that 
the 
Board 
of 
Trustees 
shall 
effectuate 
collection 
of 
assessments 
or 
charges 
by 
resort 
to 
counsel 
or 
the 


filing 
of 
a 
lien 
or 
both, 
the 
Board 
of 
Trustees 
may 
add 
to 
those 
assessments 
or 
charges 
as 
counsel 
fees, 
plus 
the 
reasonable 
costs 
for 
preparation, 
filing 
and 
discharge 
of 
the 
lien. 
in 
addition 
to 
such 
other 
costs 
as 
may 
be 
allowable 
by 
law. 


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7.10. 
Assessment 
of 
E 
e 
s 
' 
Actions 
ssocia 
' 
Allocation 
of 
Awards. 


(a) 
Qommon 
menses. 
In\the 
case 
of 
any 
action 
or 
proceeding 
brought 
or 
defended 
by 
the 
Association 
or 
the 
Board 
of 
Trustees 
pursuant 
to 
the 
provisions 
of 
the 
Declaration, 
Certificate 
of 
Incorporation, 
these 
By—Laws, 
or 
any 
Rule 
or 
Regulation, 
the 
reasonable 
costs 
and 
expenses 
of 
preparation 
and 
litigation, 
including 
attorneys’ 
fees, 
shall 
be 
a 
Common 
Expense 
allocated 
among 
all 
Owners, 
other 
than 
Developer. 
All 
Common 
Expense 
assessments 
received 
and 
to 
be 
received 
by 
the 
Board 
of 
Trustees 
for 
the 
purpose 
of 
paying 
any 
judgment 
obtained 
against 
the 
Association 
or 
the 
Board 
of 
Trustees. 
and 
the 
right 
to 
receive 
such 
funds, 
shall 
constitute 
trust 
funds 
and 
shall 
be 
expended 
first 
for 
such 
purpose 
before 
being 
expended 
in 
whole 
or 
in 
part 
for 
any 
other 
purpose. 


Money 
judgments 
recovered 
by 
the 
Association 
in 
any 
action 
or 
proceeding 
brought 
hereunder, 
including 
costs, 
penalties 
or 
damages 
shall 
be 
deemed 
a 
special 
fund 
to 
be 
applied 
to 


(1) 
the 
payment 
of 
unpaid 
litigation 
expenses; 
(2) 
refunding 
to 
the 
Owners 
the 
cost 
and 
expenses 
of 
litigation 
advanced 
the 
purpose 
of 
the 
litigation; 
(4) 
repair 
or 
reconstruction 


assessments. 
Despite 
the 
foregoing, 
if 
a 
Owner(s)
, 
the 


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Board 
of 
Trustees 
or 
any 
other 
person 
or 
legal 
entity 


damages 
sustained 
or 
the 
diminution 
in. 
value 
suffered 
by 
a 
Owner(s) 
was 
disproportionate 
to 
his 
or 
their 
percentage 
of 
common 
interest, 
the 
matter 
shall 
be 
submitted 
to 
binding 
arbitration 
in 
accordance 
with 
the 
procedures 
set 
forth 
in 
Article 
XV 
hereof. 


(c)
W 
In 
the 
event 
that 
an 
Owner(s) 
obtains 
a 
judgment 
or 
order 
against 
the 
Association 
or 
the 
Board 
of 
Trustees, 
he 
shall 
also 
be 
entitled 
to 
the 
restitution 
or 
recovery 
of 
any 
Sums 
paid 
to 
the 
Board 
of 
Trustees 
as 
Common 
Expense 
assessments 
for 
litigation 
expenses 
in 
relation 
to 
said 
action 
or 
proceeding 
in 
addition 
to 
any 
other 
sums 
to 
which 
said 
0wner(s) 
would 
otherwise 
be 
entitled 
by 
such 
judgment 
or 
order. 


7.11. 
gower 
of 
Attgrggg 
to 
Hggger 
of 
a 
germitted 
Mortgage. 
In 
the 
event 
the 
Board 
of 
Trustees 
shall 
not 
cause 
the 
enforcement 
procedures 
provided 
in 
Sections 
7.08 
and 
7.09 
above 
to 
be 
implemented 
within 
the 
time 
provided, 
any 
holder 
of 
a 
Permitted 
Mortgage 
for 
any 
Home 
as 
to 
which 
there 
shall 
be 
such 
unpaid 
Common 
Expense 
assessments 
is 
hereby 
irrevocably 
granted 
a 
power 
of-attorney 
to 
commence 
such 
actions 
and 
to 
invoke 
such 
other 
remedies, 
all 
in 
the 
name 
of 
the 
Association. 
This 
power 
of 
attorney 
is 
expressly 
stipulated 
to 
be 
coupled 
with 
an 
interest 
in 
the 
subject 
matter. 
7.12. 
Annual 
Audit. 
The 
Board 
of 
Trustees 
shall 
submit 
the 
books, 
records, 
and 
memoranda 
of 
the 
Association 
to 
an 
annual 
audit 
by 
an 
independent, 
certified 
public 
accountant 
who 
shall 
audit 
same 
and 
render 
a 
report 
thereon 
in 
writing 
to 
the 
Board 
of 
Trustees 
and 
in 
summary 
form 
to 
the 
Owners 
and 
such 
Eligible 
Mortgage 
Holders 
or 
other 
persons, 
firms 
or 
corporations 
as 
may 
be 
entitled 
to 
same. 
While 
the 
Developer 
maintains 
a 
majority 
of 
the 
Board 
of 
Trustees, 
it 
shall 
have 
an 
annual 
audit 
of 
Association 
funds 
prepared 
by 
an 
independent 
public 
accountant, 
a 
copy 
of 


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for 
same 
by 
said 
Eligible 
Mortgage 
Holder

submission 
of 
a 
written 
request 
within 
ninety 
(90) 
days 
of 
the 
expiration 
of 
the 
fiscal 
year 
of 
the 


The 
audit 
shall 
cover 
the 
operating 
budget 
and 
reserve 
accounts. 


7.13. 
gmmungtion 
of 
Books. 
Each 
Owner 
shall 
be 
permitted 
to 
examine 
the 
books 
of 
account 
of 
the 
Board 
of 
Trustees 
by 
appointment 
in 
the 
offices 
of 
the 
Association 
or 
such 
other 
place 
as 
may 
be 
designated 
therefor 
by 
the 
Board 
of 
Trustees 
at 
a 
reasonable 
time 
on 
business 
days, 
provided, 
however, 
that 
the 
Treasurer’ 
has 
been 
given 
at 
least 
ten 
(10) 
days 
prior 


written 
notice 
of 
the 
Owner's 
desire 
to 
make 
such 
an 
examination. 


7.14. 
£idelity__ggngs. 
The 
Board 
of 
Trustees 
shall 
require 
fidelity 
bonds 
from 
all 
persons 
handling 
or 
responsible 
for 
Association 
funds. 
The 
amount 
of 
such 
bonds 
shall 
be 
in 
the 
amount 
of 
the 
maximum 
funds 
that 
will 
be 
in 
the 
custody 
of 
the 
Association 
at 
any 
one 
time, 
but 
in 
no 
event 
less 
than 
the 
sum 
oi 
three 
(3) 
months 
assessments 
of 
all 
Homes. 
This 
amount 
shall 
be 
determined 
by 
the 
Board 
of 
Trustees. 
While 
the 
Developer 
maintains 
a 
majority 
of 
representation 
on 
the 
Board 
of 
Trustees, 
it 
shall 
post, 
at 
the 
Association's 
expense, 
a 
fidelity 
bond 
or 
other 
guaranty 
acceptable 
to 
the 
New 
Jersey 
Department 
of 
Community 
Affairs, 
in 
an 
amount 
equal 
to 
the 
annual 
budget. 
For 
the 
second 
and 
succeeding 
years 
in 
which 
the 
Developer 
maintains 
a 
majority 
of 
representation 
on 
the 
Association’s 
Board 
of 
Trustees, 
the 
amount 
of 
the 
bond 
or 
other 
guaranty 
shall 
also 
include 
accumulated 
reserves. 
The 
premiums 
on 
such 
bonds 
shall 
be 
paid 
by 
the 
Association. 


ARTICLE 
VIII 
OFFICERS 


8.01. 
Designation. 
The 
principal 
officers 
of 
the 
Association 
shall 
be 
a 
President, 
a 
Vice—President, 
both 
of 
whom 
shall 
be 
members 
of 
the 
Board 
of 
Trustees, 
a 
Secretary 
and 
a 
Treasurer. 
The 
Board 
of 
Trustees 
may 
also 
appoint 
such 
other 
Assistant 
Treasurers 
and 
Assistant 
Secretaries 
as 
in 
its 
judgment 
may 
be 
necessary. 
Any 
two 
(2) 
offices, 
except 
that 
of 
President 
and 
Vice—President. 
may 
be 
held 
by 
one 
person. 


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8.02. 
Election 
of 
ficers. 
The 
officers 
of 
the 
Association 
shall 
each 
annual 
meeting 
and 
such 
officers 
shall 
hold 
office 
at 
the 
pleasure 
of 
the 
Board 
of 
Trustees. 


8.03. 
ggmgva; 
of, 
Qfifiigega. 
Upon 
an 
affirmative 
vote 
of 
a 
majority 
of 
the 
full 
number 
of 
Trustees, 
any 
officer 
may 
be 
removed, 
either 
with 
or 
without 
cause, 
after 
opportunity 
for 
a 
hearing, 
and 
his 
successor 
elected 
at 
any 
regular 
meeting 
of 
the 
Board 
of 
Trustees, 
or 
at 
any 
special 
meeting 
of 
the 
Board 
of 
Trustees 
called 
for 
such 
purpose. 
3.04. 
but 
5 
Res 
(a) 
The 
President 
shall 
be 
the 
chief 
executive 
officer 
of 
the 
Association. 
He 
shall 
preside 
at 
all 
meetings 
of 
the 
Association 
and 
of 
the 
Board 
of 
Trustees. 
He 
shall 
have 
all 
of 
the 
general 
powers 
and 
duties 
which 
are 
usually 
vested 
in 
the 
office 
of 
President 
of 
an 
Association. 


(13) 
The 
Vice—President 
shall 
take 
the 
place 
of 
the 
President 
and 
perform 
his 
duties 
whenever 
the 
President 
shall 
be 
absent 
or 
unable 
to 
act. 
If 
neither 
the 
President 
nor 
the 
Vice-President 
is 
able 
to 
act, 
the 
Board 
of 
Trustees 
shall 
appoint 
some 
other 
Trustee 
to 
so 
do 
on 
an 
interim 
basis. 
The 
Vice-President 
also 
perform 
such 
other 
duties 
as 
shall 
from 
time 
to 
time 
be 
imposed 
upon 
him 
by 
the 
Board 
of 
Trustees. 
(c) 
The 
Secretary 
shall 
keep 
the 
minutes 
of 
all 
meetings 
of 
the 
Board 
of 
Trustees 
and 
the 
minutes 
of 
all 
meetings 
of 
the 
Members 
of 
the 
Association. 
He 
shall 
have 
charge 
of 
such 
books 
and 
papers 
as 
the 
Board 
of 
Trustees 
may 
direct. 
The 
Secretary 
shall, 
in 
general, 
perfom 
all 
the 
duties 
incident 
to 
the 
office 
of 
the 
Secretary. 
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(d) 
The 
Treasurer 
shall 
have 
the 
responsibility 
for 
the 
custody 
of 
Association 
funds 
and 
securities 
and 
shall 
be 
responsible 
for 
keeping 
full 
and 
accurate 
accounts 
of 
all 
receipts 
and 
disbursements 
in 
books 
belonging 
to 
the 
Association. 
He 
shall 
be 
responsible 
for 
the 
deposit 
of 
all 
monies 
and 
other 
valuable 
effects 
in 
the 
name, 
and 
to 
the 
credit 
of, 
the 
Association 
in 
such 
depositories 
as 
may 
from 
time 
to 
time 
be 
_ 
authorized 
by 
the 
Board 
of 
Trustees. 


8.05. 
Other 
Quties 
and 
Powers. 
The 
officers 
shall 
have 
such 
other 
duties, 
powers 
and 
responsibilities 
as 
shall, 
from 
time 
to 
time, 
be 
authorized 
by 
the 
Board 
of 
Trustees. 
8.06.W.Nothing 
herein 
contained 
shall 
prohibit 
a 
Trustee 
from 
being 
an 
officer. 
ARTICLE 
IX 
COMPENSATION, 
INDEMNIFICATION 
AND 
EXCULPABILIT'Y 
OF 
OFFICERS, 
TRUSTEES, 
AND 
COWITTEE 
MEMBERS 


9.01.W. 
No 
compensation 
shall 
be 
paid 
to 
the 
President 
or 
the 
Vice~President 
or 
any 
Trustee, 
or 
committee 
member 
for 
acting 
as 
such. 
The 
Secretary 
or 
Treasurer 
or 
both 
may 
be 
compensated 
for 
their 
services 
if 
the 
Board 
of 
Trustees 
determines 
that 
such 
compensation 
is 
appropriate. 
Nothing 
herein 
stated 
shall 
prevent 
any 
officer, 
Trustee, 
or 
committee 
member 
from. 
being 
reimbursed 
for 
out-of~pocket 
expenses 
or 
compensated 
for 
services 
rendered 
in 
any 
other 
capacity 
to 
or 
for 
the 
Association. 
provided 
that 
any 
such 
expenses 
incurred 
or 
services 
rendered 
shall 
have 
been 
authorized 
in 
advance 
by 
the 
Board 
of 
Trustees. 


9.02. 
Ipdemnificatign. 
Each 
Trustee, 
officer 
or 
committee 
member 
of 
the 
Association 
shall 
be 
indemnified 
and 
defended 
by 
the 
Association 
against 
the 
actual 
amount 
of 
net 
loss 
including 
counsel 
fees, 
reasonably 
incurred 
by 
or 
imposed 
upon 
him 
in 
connection 
with 
any 
action, 
suit 
or 


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officer 
or 
Committee 
Member 
shall 
be 
entitled 
to 
indemnification 
for 
any 
loss, 
including 
reasonable 
attorneys' 
fees, 
for 
such 
ordinary 
negligence 
as 
may 
be 


indemnification 
shall 
be 
provided 
only 
in 
connection 
with 
such 
matters 
covered 
by 
the 
settlement 
as 
to 
which 
the 
Association 
is 
advised 
by 
counsel 
that 
the 
person 
to 
be 
indemnified 
had 
not 
been 
guilty 
of 
gross 
negligence 
or 
willful 
misconduct. 


9.03. 
Exculnability. 
Unless 
acting 
in 
bad 
faith, 
neither 
the 
Board 
of 
Trustees 
as 
a 
body 
nor 
any 
Trustee, 
officer, 
or 
corrmittee 
member 
shall 
be 
personally 
liable 
to 
any 
Owner 
in 
any 
respect 
for 
any 
action 
or 
lack 
of 
action 
arising 
out 
of 
the 
execution 
of 
his 
office. 
Each 
Owner 
shall 
be 
bound 
by 
the 
.good 
faith 
actions 
of 
the 
Board 
of 
Trustees, 
officers 
and 
committee 
members 
of 
the 
Association. 
in 
the 
execution 
of 
the 
duties 
of 
said 
Trustees, 
officers 
and 
committee 
members. 
Nothing 
contained 
herein 
shall 
be 
construed 
to 
exculpate 
members 
of 
the 
Board 
of 
Trustees 
appointed 
by 
the 
Developer 
from 
discharging 
their 
fiduciary 
responsibilities. 


ARTICLE 
X 
ARCHITECTURAL 
CONTROL 
COMMITTEE 


10.01. 
Puggose. 
The 
Board 
of 
Trustees 
may 
establish 
an 
Architectural 
Control 
Committee, 
consisting 
of 
three 
(3) 
to 
five 
(5) 
members 
appointed 
by 
the 
Board 
of 
Trustees, 
each 
to 
serve 
for 
a 
staggered 
term 
of 
two 
years. 
in 
order 
to 
assure 
that 
the 
Property 
shall 
always 
be 
maintained 
in 
a 
manner: 
(a) 
.providing 
for 
architectural 
consistency, 
visual 
and 
aesthetic 
harmony 
and 
soundness 
of 
repair: 
(b) 
avoiding 
activities 
deleterious 
to 
the 
aesthetic 
or 
property 
values 
of 
the 
Community; 


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(c) 
furthering 
the 
comfort 
of 
the 
Owners, 
their 
guests, 
invitees 
and 
lessees; 
and 
(d) 
promoting 
the 
general 
welfare 
and 
safety 
of 
the 
Property. 
10.02. 
genera. 
The 
Architectural 
Control 
Committee, 
if 
established, 
shall 
regulate 
the 
external 
design. 
appearance, 
use 
and 
maintenance 
of 
the 
Common 
Property 
in 
accordance 
with 
standards 
and 
guidelines 
contained 
in 
the 
Declaration 
or 
these 
By»Laws 
or 
otherwise 
adopted 
by 
the 
Board 
of 
Trustees. 
The 
Architectural 
Control 
Committee 
shall 
have 
the 
poWer 
to 
issue 
a 
cease 
and 
desist 
order 
to 
an 
Owner, 
:his‘guests, 
invitees 
or 
lessees 
whose 
actions 
are 
inconsistent 
with 
the 
provisions 
of 
the 
Governing 
Documents 
(upon 
petition 
of 
any‘ 
Owner 
or 
upon 
its 
own 
motion)
. 
The 
Architectural 
Control 
Committee 
shall 
provide 
interpretations 
of 
the 
Governing 
Documents 
requested 
to 
do 
so 
by 
an 
Owner 
or 
the 
Board 
of 
Trustees. 
Any 
action, 
ruling 
or 
decision 
of 
the 
Architectural 
Control 
Committee 
may 
be 
appealed 
to 
the 
Board 
of 
Trustees 
by 
any 
party 
deemed 
by 
the 
Board 
of 
Trustees 
to 
have 
standing 
as 
an 
aggrieved 
party. 
within 
forty—five 
(45) 
days 
of 
the 
receipt 
of 
the 
written 
determination 
of 
the 
Architectural 
Control 
Committee. 
If 
said 
action, 
ruling 
or 
decision 
is 
appealed 
to 
the 
Board 
of 
Trustees 
within 
said 
forty—five 
(45) 
day 
period, 
the 
Board 
of 
Trustees 
may 
modify, 
reverse 
or 


confirnl 
any' 
such 
action, 
ruling 
or 
decision. 
If 
said 
action, 
ruling 
or 
decision 
is 
not 
appealed 
to 
the 
Board 
of 
Trustees 
within 
said 
forty—five 
(45) 
day' 
period, 
the 
decision 
of 
the 
Architectural 
Control 
Committee 
shall 
be 


mediation 
in 
Section 
12.05 
hereof. 


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the 
Board 
of 
Trustees. 
Despite 
the 
foregoing, 
no 
action 
may 
be 
taken 
by 
the 
involved 
at 
least

Architectural 
Control 
Committee 
without 
giving 
the 
0wner(s) 
ten 


(10) 
days 
prior 
written 
notice 
and 
affording 
him 
the 
opportunity 
to 
be 
heard, 
with 
or 
without 
counsel, 
with 
respect 
to 
the 
violation(s) 
asserted. 
11.01.m. 
The 
Board 
of 
Trustees 
may 
appoint 
other 
committees 
of 
the 
Association, 
including. 
but 
notvlimited 
to, 
an 
Alternative 
Dispute 
Resolution 
Committee 
(‘ADR 
Committee”)
, 
from 
time 
to 
time 
as 
needed. 
Each 
comittee 
shall 
consist 
of 
a 
chairman 
and 
two 
or 
more 
members 
and 
shall 
include 
a 
member 
of 
the 
Board 
of 
Trustees. 
' 


11.02. 
gubcppmittggs. 
Each 
of 
the 
committees 
shall 
have 
power 
to 
appoint 
a 
subcommittee 
from 
among 
its 
members 
and 
may 
delegate 
to 
any 
such 
subcommittee 
any 
of 
its 
powers, 
duties 
and 
functions. 
11.03. 
Duties. 
It 
shall 
be 
the 
duty 
of 
each 
committee 
to 
receive 
complaints 
from 
Members 
on 
any 
matter 
involving 
Association 
functions, 
duties 
and 
activities 
within 
its 
field 
of 
responsibility. 
It 
shall 
dispose 
of 
such 
complaints 
as 
it 
deems 
appropriate 
or 
refer 
them 
to 
such 
other 
committee, 
Trustee 
or 
officers 
of 
the 
Association 
as 
is 
further 
concerned 
with 
the 
matter 
presented. 
ARTICLE 
XII 
ENFORCEMENT 


12.01. 
Egfiggcement. 
The 
Board 
of 
Trustees 
shall 
have 
the 
power, 
at 
its 
sole 
option, 
to 
enforce 
the 
terms 
of 
this 
instrument 
or 
any 
rule 
or 
regulation 
premulgated 
pursuant 
thereto, 
by 
any 
or 
all 
of 
the 
following: 
self—help; 
sending 
notice 
to 
the 
offending 
party 
to 
cause 
certain 
things 
to 
be 
done 
or 
undone; 
restoring 
the 
Association 
to 
its 
original 
position 
and 
charging 
the 
breaching 
party 
with 
the 
entire 
cost 
or 
any 
part 
thereof; 
complaint 
to 
the 
duly 
constituted 
authorities; 
or 
by 
taking 
any 
other 
action 
before 
any 
court, 
summary 
or 
otherwise, 
as 
may 
be 
provided 
by 
law. 
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12.02. 
zines. 
To 
the 
extent 
now 
or 
hereafter 
permitted 
by 
the 
law 
of 
the 
State 
of 
New 
Jersey. 
the 
Board 
of 
Trustees 
shall 
have 
the 
power 
to 
levy 
fines 
against 
any 
Owner(s) 
for 
violaticn(s) 
of 
any 
Rule 
or 
Regulation 
of 
the 
Association 
or 
for 
any 
covenants 
or 
restrictions 
contained 
in 
the 
Declaration 
or 
By—Laws. 
No 
fine 
may 
be 
levied 
for 
more 
than 
$50.00 
for 
any 
one 
violation. 
Each 
day 
a 
violation 
continues 
after 
notice 
shall 
be 
considered 
a 
separate 
violation. 
Collection 
of 
fines 
may 
be 
enforced 
against 
any 
Owner‘s) 
involved 
as 
if 
the 
fine 
were 
a 
Common 
Expense 
Assessment 
owed 
by 
the 
particular 
0wner(s)
. 
Despite 
the 
foregoing, 
before 
the 
Board 
of 
Trustees 
imposes 
any 
fine, 
the 
Owner 
involved 
shall 
be 
given 
at 
least 
ten 
(10) 
days 
prior 
written 
notice 
and 
afforded 
an 
opportunity 
to 
he 
heard 
with 
respect 
to 
the 
violation(s) 
asserted. 
12.03. 
uaiyer. 
No 
restriction, 
condition. 
obligation 
or 
covenant 
contained 
in 
these 
By—Laws 
shall 
be 
deemed 
to 
have 
been 
abrogated 
or 
waived 
by 
reason 
of 
the 
failure 
to 
enforce 
the 
same 
irrespective 
of 
the 
number 
of 
violations 
or 
breaches 
thereof 
which 
may 
occur. 


12.04. 
C§B§
§ 
of 
Action 
Against 
A§32£ié§i0n-Owners 
shall 
have 
a 
cause 
of 
action, 
to 
the 
extent 
permitted 
by 
the 
laws 
of 
this 
State, 
against 
the 
Association 
for 
its 
failure 
to 
act 
in 
accordance 
with 
the 
Declaration, 
Certificate 
of 
Incorporation, 
these 
By—Laws, 
any 
Rules 
Regulations
or 
governing 
the 
Community 
or 
any 
formal 
decisions 
of 
the 
Association. 


12.05. 
lterna 
ve 
D 
u 
e 
R 
lutio 
Proc 
a. 
Authority. 
. 
In 
addition 
to 
the 
mediation 
authority 
granted 
to 
it 
herein, 
the 
ADR 
Committee, 
if 
created, 
shall 
have 
such 
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taken 
by 
the 
ADR 
Committee 
without 
giving 
the 
Mafia) 
involved 
at 
least 
ten 


(10) 
days 
prior 
written 
notice 
and 
affording 
the 
Owner 
an 
opportunity 
to 
be 
heard, 
with 
or 
without 
counsel, 
with 
respect 
to 
the 
violation(s) 
asserted. 
Further, 
any 
Owner 
who 
is 
aggrieved 
by 
any 
decision 
of 
the 
AER 
Committee 
shall 
have 
the 
right 
to 
appeal 
such 
decision 
to 
a 
court 
of 
competent 
jurisdiction. 
Any 
dispute 
between 
or 
among 
Owners 
or 
with 
the 
Association, 
other 
than 
collection 
matters, 
must 
first 
be 
submitted 
to 
the 
ADR 
Committee 
for 
mediation 
or 
non-binding 
arbitration 
before 
any 
litigation 
is 
commenced 
with 
respect 
to 
the 
dispute 
in 
question, 
all 
as 
contemplated 
by 


N.J.S. 
45:22A-44(c) 
and 
Section 
12.02 
hereof. 
If 
there 
is 
not 
an 
appeal 
to 
a 
court 
of 
competent 
jurisdiction 
within 
forty-five 
(45) 
days 
of 
the 
decision 
by 
the 
ADR 
Committee. 
the 
decision 
of 
the 
ADR 
Committee 
shall 
be 
binding 
on 
all 
parties 
and 
shall 
have 
the 
full 
force 
and 
effect 
allowed 
under 
the 
laws 
of 
the 
State 
of 
New 
Jersey. 
b. 
Mediation 
Alternative. 
Prior 
to 
the 
commencement 
of 
any 
non-binding 
arbitration 
hearing 
by 
the 
ADR 
Comittee 
pursuant 
to 
Section 
12.01. 
any 
party 
to 
the 
dispute, 
or 
the 
Committee 
on' 
its 
own 
motion, 
may 
request 
mediation 
of 
the 
dispute 
by 
an 
impartial 
mediator 
appointed 
by 
the 
Committee 
in 
order 
to 
attempt 
to 
settle 
the 
dispute 
in 
good 
faith. 
Such 
mediator 
may 
be 
a 
member 
of 
the 
ADR 
Committee, 
its 
counsel 
or 
any 
other 
qualified 
mediator. 
Any 
such 
mediation 
shall 
be 
concluded 
within 
fifteen 
(15) 
days 
after 
such 
request, 
unless 
extended 
by 
the 
mediator 
for 
good 
cause. 
In 
the 
event 
that 
no 
settlement 
is 
reached 
within 
said 
fifteen 
(15) 
day 
period, 
all 
relevant 
time 
periods 
in 
the 
hearing 
process 
shall 
be 
extended 
for 
fifteen 
(15) 
days 
plus 
any 
extension 
period. 
12.06. 
Compliange 
fly 
Mappers 
Each 
Member 
shall 
comply 
with 
and 
shall 
assume 
ownership 
or 
occupancy 
subject 
to 
the 
laws. 
rules 
and 
regulations 
of 
those 
governmental 
authorities 
having 
jurisdiction 
over 
the 
Commity, 
and 
the 
provisions 
of 
the 
Declaration, 
the 
Certificate 
of 
Incorporation 
and 
By— 


Laws 
of 
the 
Association. 
Rules 
and 
Regulations 
or 
any 
other 
documents. 
amendments 
or 
supplements 
to 
the 
foregoing. 
Failure 
to 
comply 
with 
any 
of 
the 
foregoing 
shall 
be 
grounds 
for 
commencement 
of 
action 
for 
the 
recovery 
of 


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damages, 
or 
for 
injunctive 
relief, 
or 
both. 
by 
the 
Developer, 
the 
Association, 
or 
any 
Member, 
in 
any 
court 
or 
administrative 
tribunal 
having 
jurisdiction, 
against 
any 
person 
or 
persons, 
firm 
or 
corporation 
violating 
or 
attempting 
to 
violate 
or 
circumvent 
any 
of 
the 
aforesaid, 
and 
against 
any 
Member, 
to 
enforce 
any 
lien 
created 
by 
‘the 
Declaration 
or 
any 
covenant 
contained 
therein. 
Failure 
by 
the 
Developer, 
the 
Association, 
or 
any 
Member 
to 
enforce 
any 
covenant 
therein 
contained 
for 
any 
period 
of 
time 
shall 
in 
no 
event 
be 
deemed 
a 
waiver 
or 
estoppel 
of 
the 
right 
to 
thereafter 
enforce 
same. 


12.07.mm. 
The 
Association 
shall 
not 
be 
liable 
in 
any 
civil 
action 
brought 
by 
or 
on 
behalf 
of 
a 
Owner 
to 
respond 
in 
damages 
as 
a 
result 
of 
bodily 
injury 
to 
the 
Owner 
occurring 
on 
the 
premises 
of 
the 
Association 
except 
as 
a 
result 
of 
its 
willful, 
wanton 
or 
grossly 
negligent 
act 
of 
commission 
or 
omission. 
That 
is, 
the 
Association, 
Board 
of 
Trustees 
and 
the 
members, 
agents 
and 
employees 
thereof, 
will 
be 
held 
harmless 
for 
any 
loss 
suffered 
by 
any 
Owner 
and 
caused 
by 
the 
ordinary 
negligence 
of 
the 
Association, 
the 
Board 
of 
Trustees, 
any 
committee 
or 
any 
employee, 
agent 
or 
member 
of 
such 
body. 
ARTICLE 
XIII 
AMENDMENTS 


Subject 
to 
the 
restrictions 
in 
Article 
XIII 
of 
the 
Declaration, 
these 
By~Laws, 
or 
any 
of 
them, 
may 
be 
altered 
or 
repealed, 
or 
new 
By—Laws 
may 
be 
made, 
at 
any 
meeting 
of 
the 
Association 
duly 
held 
for 
such 
purpose, 
and 
previous 
to 
which 
written 
notice 
to 
Owners 


of 
the 
exact 
language 
of 
the 
amendment 
or 
of 
the 
repeal 
shall 
have 
been 
sent, 
a 
quorum 
being 
present, 
by 
an 
affirmative 
vote 
of 
fifty-one 
(51%
) 


percent 
in 
number 
and 
in 
interest 
of 
the 


Common 
Expenses 
with 
respect 
to 
the 
Homes 
or 
the 
Property 
may 
not 
be 
changed 


42 


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including 
any 
successor 
of 
the 
Developer, 
unless 
the 
Developer, 
or 
its 
successor, 
has 
given 
its 
prior 
written 
consent 
thereto. 


ARTICLE 
XIV 


14.01. 
ggngligp. 
Despite 
anything 
to 
the 
contrary 
herein, 
if 
any 
provision. 
of 
these 
By—Laws 
is 
in 
conflict 
with 
or 
contradiction 
of 
the 
Declaration, 
the 
Certificate 
of 
Incorporation 
or 
with 
the 
requirements 
of 
any 
law, 
the 
requirements 
of 
said 
Declaration, 
Certificate 
of 
Incorporation 
or 
law 
shall 
be 
deemed 
controlling. 
_ 
14.02. 
:gyalidity. 
The 
invalidity 
of 
any 
part 
of 
these 
By—Lawa 
shall 
not 
impair 
or 
affect 
in 
any 
manner 
the 
enforceability 
or 
affect 
the 
remaining 
provisions 
of 
the 
By-Laws. 
ARTICLE 
XV 
NOTICE 


Any 
notice 
required 
to 
be 
sent 
to 
any 
Owner 
under 
the 
provisions 
of 
the 
Declaration, 
the 
Certificate 
of 
Incorporation 
or 
these 
By—Laws 
shall 
be 
deemed 
to 
have 
been 
properly 
sent 
and 
notice 
thereby 
given, 
when 
mailed 
by 
regular 
post 
with 
postage 
prepaid, 
addressed 
to 
the 
Owner 
at 
his 
last 
known 
post 
office 
address 
on 
the 
records 
of 
the 
Association 
at 
the 
time 
of 
such 
mailing. 
Notice 
to 
one 
of 
two 
or 
more 
co—owners 
of 
a 
Home 
shall 
constitute 
notice 
to 
all 
co-owners. 
It 
shall 
be 
the 
obligation. 
of 
every' 
Owner 
to 
immediately 
notify 
the 
Secretary 
of 
the 
Association 
in 
writing 
of 
any 
change 
of 
address. 
valid 
notice 
may 
also 
be 
given 
to 
Owners 
by 
(1) 
personal 
delivery 
to 
any 
occupant 
of 
said 
Home 
over 
the 
age 
of 
fourteen 
(14) 
years 
of 
age 
or 


(ii) 
by 
affixing 
the 
notice 
to 
or 
sliding 
same 
under 
the 
front 
door 
of 
any 
ARTICLE 
XVI 
CORPORATE 
SEAL 


The 
Association 
shall 
have 
a 
seal 
in 
circular 
form 
having 
within 
its 
circumference 
the 
words 
“The 
Village 
Grande 
at 
English 
Mill 
Homeowners 
Association. 
Inc.
‘ 


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