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These are excerpts from the Briarwick Condominium
By-Laws. If you are an owner and would like a complete copy, please
contact KRJ Management.
ARTICLE I
Administration
Section 2: The Association shall be responsible
for the management, maintenance, operation and administration of the
Condominium Project, the Common Elements and easements.
Members and Voting
Section 3A: Each Unit Owner shall be a member
of the Association and no other person or entity shall be entitled to
membership.
Section 3B: The share of an Owner in the funds
and assets of the Association can not be assigned, pledged or transferred
in any manner except as an appurtenance to his Unit in the Condominium
Project.
Section 3C: The aggregate number of votes for
all Unit Owners shall be on hundred (100), and shall be divided among
the respective Unit Owners, in accordance with their respective percentages
of ownership interest in the Common Elements.
Section 3D: The vote of each Owner may only
be cast by such Owner or by a proxy given by such Owner to his duly
authorized representative.
Section 3E: When a quorum is present at any
meeting of the Association, the vote of fifty-one percent (51%) or more
of the Units present (in person or proxy) at such meeting shall decide
any question brought before such meeting.
ARTICLE III
Meetings of Members
Section 2 Annual Meeting: The annual meeting
of the Members of the Association, shall be held each year at 7:00 o'clock
p.m. on the third Thursday of the month of March.
Section 4 Special Meeting: Special meetings
of the Members for any purpose may be called by the President, the Board
of Directors or one-tenth (1/10th) of all of the Members entitled to
vote a the meetings.
Section 5 Notice of Meetings: Written notice
of all meetings of Members shall be mailed to each Member at least thirty
(30) days in advance of the meetings.
Section 6 Quorum: The presence in person or
by proxy of sixty percent (60%) of the Owners qualified to vote shall
constitute a quorum for holding any meeting of the members of the Association.
If a quorum is not present, the meeting may be adjourned the same night.
After adjournment, fifty percent (50%) of the Owners qualified to vote
shall constitute a quorum. A second adjournment may be called and forty
percent (40%) of the Owners qualified to vote shall constitute a quorum.
Section 7 Organization: The President shall preside
at all meetings of the Members. In his/her absence a Vice President
shall preside. If the Vice-president is absent, any Member (or appointed
proxy) may call the meeting to order and a chairman shall be elected
among the Members present.
Section 8 Proxies: At any meeting of the Members
every Member entitled to vote shall be entitled to vote in person or
by proxy.
ARTICLE IV
Directors
Section 1 Number and Qualification:
The property shall be managed and controlled by
a Board of not more than three (3) Directors who shall be elected annually
by the Members. Each member of the Board of Directors of the Association
must be a member of the Association.
Section 4 Removal: Any Director may be removed
at any time with or without cause and another person may be elected
to serve for the term at any special meeting of the Members called for
the purpose of removal by a vote of a majority of the owners.
Section 5 Vacancies: If a vacancy occurs in
the Board of Directors, it may be filled by the affirmative vote of
the remaining Directors.
Section 6 General Powers: The Board of Directors
may exercise all such powers of the Association and do all such lawful
acts and things as are not by Law or by the Articles of Incorporation
or by these By-Laws directed or required to be exercised or done by
the Members.
ARTICLE VII
Officers
Section 1 Number: The officers of the Association
shall be a President, Vice President, Secretary and Treasurer.
Section 2 Election: The officers of the Association
shall be elected by the Board of Directors at its first meeting after
each annual meeting of the Members.
Section 3 Subordinate Officers: The Board of
Directors may appoint other officers who have the authority to perform
such duties as the Board of Directors may delegate.
Section 5 Removal: Any Officer elected or appointed
by the Board of Directors may be removed by the Board at any time, with
or without cause.
Section 7 The President: The President shall
be the chief executive officer of the Association; the President shall,
when present, preside at all meetings of the Members and Directors,
shall have general management of the business of the Association and
shall see that all orders and resolutions of the Board of Directors
are carried into effect.
Section 14 Management: The Association shall
provide for independent management (KRJ Management) with the responsibilities
being determined by the Board of Directors.
ARTICLE VIII
Assessments
Section 2A Annual Budget:
The Board of Directors of the Association shall establish an annual
budget which shall project all expenses for the proper operation, management
and maintenance of Briarwick, including a reasonable allowance for contingencies
and reserves. Such reserves shall include without Limitation an adequate
reserve fund for the replacement of the Common Elements.
Section 2B Special Assessments: Special assessments
may be made by the Board of Directors to meet other needs or requirements
of the Association including costs for capital improvements. However,
this special assessment shall not be Levied without the approval of
at least seventy-five percent (75%) of the Owners.
Section 3 Apportionment of Assessments: All
assessments Levied against the Owner to cover expenses of the Association
and Condominium Project shall be apportioned among and paid by the Owners
in accordance with the undivided percentage of value assigned to each
Unit. They shall be due and payable monthly. Assessments in default
shall bear interest at the rate of ten percent (10%) per annum from
the due date until paid. Any unpaid assessments with accrued interest
may, at the option of the Association, be collected out of the sale
of the unit. Unpaid assessments shall become a Lien against the Unit.
Section 4 No Exemption: No Owner may exempt
himself from Liability for his contribution toward the expenses of the
Association and the Condominium Project by waiver of the Use or enjoyment
of any of the Common Elements or by the abandonment, sale or other disposition
of his Unit.
Section 5 Enforcement: The Association may enforce
collection of delinquent assessments by suit at Law and the expenses
incurred in collecting unpaid assessments including interest, costs
and attorneys' fees shall be chargeable to the Owner in default. The
Association may also discontinue the furnishing of any utilities or
other services to an Owner in default upon seven (7) days written notice.
An Owner in default shall not be entitled to vote at any Association
meeting and defaulting Owner's name shall be placed in the announcements
of the Association or on a bulletin board of the Association.
ARTICLE IX
Owner Action
Without limiting the other legal rights of any Owner
or the Association, Legal action may be brought by the Association at
its sole discretion on behalf of the two (2) or more Owners as their
respective interest may appear with respect to any cause of action relating
to the Common Elements of more than (1) unit.
ARTICLE X
Insurance
Section B: All buildings, improvements, personal
property of the Condominium Project and other Common Elements shall
be insured against fire and other perils, in an amount equal to the
maximum insurable value (based upon replacement cost), excluding the
cost of excavations, foundations and footings, as determined annually
by the Board of Directors.
Nothing shall require or impose a duty on the Association
to maintain insurance on personal items of the Owners of the Units,
such personal items to include, but not limited to , jewelry, furniture,
household items, or other personal property; such insurance for personal
items shall be the sole and express obligation of each Owner.
ARTICLE XI
Reconstruction or Repair
Section 1 Damage and Reconstruction:
If less than two-thirds (2/3) of the buildings shall be damaged by fire
or any other casualty, then the buildings shall be rebuilt or repaired.
If more than two-thirds (2/3) are damaged, then reconstruction shall
not be compulsory without the unanimous consent of each Owner and each
mortgagee. If decision is made not to reconstruct the buildings, the
Land shall be sold and such sale proceeds along with any insurance proceeds
shall be distributed to each Owner and his mortgagee, as their interests
may appear, in accordance with each Owner's percentage of value in the
Condominium project.
Section 2 Reconstruction Guidelines: Reconstruction
or repair shall be according to the original plans and specifications
for the buildings unless the Owners and their mortgagees shall unanimously
decide otherwise.\
Section 3 Owner's Responsibilities: Each Owner
shall be responsible for the reconstruction, repair or replacement of
the interior of his Unit, including but not limited to, floor coverings,
wall coverings, window shades, draperies, interior walls, furniture,
furnishings, decorative light fixtures, and all appliances whether or
not they are "built-in" to the Unit. Each owner shall also
be responsible for the costs not otherwise covered by insurance carried
by the Association of any reconstruction, repair or replacement of any
portion of the Condominium Project necessitated by his negligence or
misuse, or the negligence or misuse by his family, tenants, guests,
agents, servants, employees or contractors.
ARTICLE XV
Default
Section 1 Compliance: Failure
to comply with these By-Laws, the Articles of Incorporation or adopted
rules and regulations of the Association shall constitute an event of
default and shall be ground for relief, which may include and action
to recover sums due for damages.
Section 2 Attorney Fees: In any proceeding arising
because of the alleged default by any Owner, the Association, if successful,
shall be entitled to recover the costs of the proceeding including without
limitation reasonable attorneys' fees.
ARTICLE XVI
Books and Records
The Association shall keep or cause to be kept detailed
books of account showing all expenditures and receipts of the administration
of the Condominium Project which shall specify the maintenance and repair
expenses of the Common Elements and any other expenses incurred by or
on behalf of the Association and the Owners. Such books shall be open
for inspection by the Owners and their mortgagees during reasonable
working hours on weekdays and shall be audited annually by qualified
auditors. The cost of such audit shall be an expense of administration
of the Condominium Project.
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