This declaration is up for review by our attorney this year in 2014 for corrections and additions. Ratification meeting will be held.
CONDOMINIUM DECLARATION
ADCOM, INC., hereinafter referred to as OWNER, being the sole owner of the property referred to in this Declaration, hereby makes said property subject to Title 27, Vermont Statutes Annotated, Chapter 15, the Condominium Ownership Act, according to the terms of this Declaration.
1. The description of the land on which the buildings and improvements are or are to be located is as follows:
Certain lands and premises located in the City of South Burlington, Chittenden County, Vermont, more particularly described as follows:
A. A right of way and easement for ingress and egress purposes over a private drive owned by ADCOM, INC. which leads to Cedar Glen Drive hereinafter referred to and which private drive is described as follows:
Beginning at Station 17+25 being a point on curve on the center line of Cedar Glen Drive as previously described in a deed from Cedar Glen North to the City of South Burlington. Thence from the point of beginning along the center line of a Fifty Foot (50') right of way on a magnetic bearing of N 13* 51' 18" W Twenty Seven and Fifty Three Hundredths Feet (27.53') to a point of curvature whose deflection angle is 58* 11’ 18" right, radius is One Hundred Thirty Four and Seventy Eight Hundredths Feet (134.78'), degree of curvature is 42* 30' 28", tangent is Seventy Five Feet (75.00'), curve length is One Hundred Thirty Six and Eighty Eight Hundredths Feet (136.88') and whose chord length is One Hundred Thirty One Six Hundredths Feet (131.06'), thence along the centerline N 44* 20' 00" E One Hundred Fifty Nine and Sixty Four Hundredths Feet (159.64') to a point of curvature whose deflection angle is 126* 27' 25" left, radius is One Hundred Forty Five Feet (145.00'), degree of curvature is 39' 30’ 52", tangent is Two Hundred Eighty Seven and Forty Two Hundredths Feet (287.42’), curve length is Three Hundred Twenty and Three Hundredths Feet (320.03') and whose chord length is Two Hundred Fifty Eight and Ninety One Hundredths Feet (258.91'), thence along the centerline N 82* 15' 25"W Six Hundred Seventy Five Feet (675.00')to a point of curvature whose deflection angle is 72* 00' 00" left, radius of three Hundred Ten Feet (310.00'), degree of curvature is 18* 28' 51", tangent is Two Hundred Twenty Five and Twenty Three Hundredths Feet (225.23'), curve length is Three Hundred Eighty Nine and Fifty Six Hundredths Feet (389.56') and whose chord length is Three Hundred Sixty Four and Forty Three Hundredths Feet (364.43') to a point of compound curvature whose deflection angle is 29* 30' 00" left, radius is Two Hundred Twenty Five Feet(225.00'), degree of curvature is 25* 27' 53", tangent is Fifty Nine and Twenty Four Hundredths Feet (59.24'), curve length is One Hundred Fifteen and Eighty Five Hundredths Feet (115.85') and whose chord length is One Hundred Fourteen and Fifty Seven Hundredths Feet (114.57') to the end of such roadway.
B. A portion of the above described private drive is contiguous to the 2.47 acres of land, more or less, which is hereby made subject to the Condominium Ownership Act, as aforesaid, and being Cluster "C" parcel described as follows:
From the last referred end of curve South 86' 14' 35" West Twenty Five Feet (25.00') to a point of beginning describing the Cluster "C" parcel. From this point of beginning North 75* 31' 01" West One Hundred Eighty Seven and Thirty Nine Hundredths Feet (187.39') to a point, thence North 77* 00' 30" West Eighty Two and Six Hundredths Feet (82.06') to a point , thence North 01*17’ 00”, East One Hundred Eighty Nine and Twenty Five One Hundredths Feet (189.25') to a point, thence North 13* 52' 14" East One Hundred Ninety Two and Seventy Three Hundredths Feet (192.73') to a point in the periphery boundary of the Cedar Glen North development parcel, thence South 44* 14' 30" East Eighty Two and Fifty Six Hundredths Feet (82.56') along the boundary between Cedar Glen North and lands now or formerly owned by Urban and Charlotte Wheelock to an existing "T" bar marker, thence South 82* 15' 25" East Two Hundred Fifty Feet (250.00') in and along the lands of said Wheelocks to a point, thence leaving said Wheelocks South line on a magnetic bearing of South 07* 44' 35" West One Hundred Fifty Three and Six Hundredths Feet (153.06') to a point on the westerly sideline of the accessway previously described, thence along a chord of a portion of a curve on westerly sideline of that accessway South 33* 11' 25" West Eighty Six and Eighty Four Hundredths Feet (86.84') to a point being point of compound curve, thence continuing along the westerly sideline of the curve whose chord is South 10* 59' 35" West One Hundred Twenty Seven and Thirty Hundredths Feet (127.30') to the point of beginning.
The parcel herein described lying within the mentioned bounds contains 2.47 acres be the same more or less. This parcel is also shown on a lot plan by Engineers Incorporated of Vermont, Project #2821 dated June 5, 1974, to be recorded herewith.
C. A right of way for ingress and egress purposes over a private drive known as Cedar Glen Drive until
such time as said drive is accepted by the City of South Burlington as a public street, said Cedar
Glen Drive being as shown on said lot plan by Engineers Incorporated of Vermont, Project #2821,
dated June 5, 1974, to be recorded herewith.
2. The descriptions of the buildings are as follows:
A. A one-story wood frame single unit building without basement, the principal construction
materials being wood, concrete, and brick and containing Apartment #1
B. A one-story wood frame two unit building without basement, the principal construction
materials being wood, concrete, and brick and containing Apartments #2 and #3
C. A one-story wood frame three unit building without basement, the principal construction
materials being wood, concrete, and brick and containing Apartments #4, #5 and #6.
D. A one-story wood frame two unit building without basement, the principal construction
materials being wood, concrete, and brick and containing Apartments #7 and #8.
E. A one-story wood frame three unit building without basement, the principal construction
materials being wood, concrete, and brick and containing Apartments #9,#10,and #11.
F. A one-story wood frame two unit building without basement, the principal construction
materials being wood, concrete, and brick and containing Apartments #12 and #13.
G. A one-story wood frame two unit building without basement, the principal construction
materials being wood, concrete, and brick and containing Apartments #14 and #15.
3. Apartment #1 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has four (4) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C", dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June, 1974, to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows; deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #2 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has four (4) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C". dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June, 1974, to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows; deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #3 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has four (4) rooms, and the immeddate common area to which it has access is grounds and drives as shownon the FLOOR PLAN of Cluster "C" dated May, 1974, and certified by Julian Goodrich, Registered Architect on the 10TH day of JUNE, 1974, to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows; deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #4 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 1 0_5 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has four (4) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C', dated May, 1974, and certified by Julian Goodrich, Registered Architect on the 10TH day of June, 1974, to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows; deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #5 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has four (4) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C", dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June, 1974, to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows; deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #6 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has four (4) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C", dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June, 1974 to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows; deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #7 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has four (4) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C", dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June, 1974 to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows: deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #8 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has four (4) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C", dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June, 1974 to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows: deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #9 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has five (5) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C", dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June, 1974 to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows: deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #10 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has five (5) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C", dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June, 1974 to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows: deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #11 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has five (5) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C", dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June, 1974 to be recorded herewith. Limited common area for the use of this Apartment is as follows: deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #12 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has five (5) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C", dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June, 1974 to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows: deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #13 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has five (5) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster “C", dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June, 1974 to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows: deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #14 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 1()7 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has four (4) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C", dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June,1974 to be recorded herewith. Limited common area for the use of this Apartment is as follows: deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #15 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has four (4) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C", dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June,1974 to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows: deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
4. The common areas and facilities are as follows:
A. The land on which the buildings are located except as may be designated limited common areas and facilities;
B. The foundations, columns, girders, beams, supports, main walls, and roofs;
C. Yards, gardens and parking areas, except, as may be designated limited areas and facilities;
D. Premises for the lodging of maintenance personnel or other persons in charge of the property;
E. Installations of central services such as power, electricity, gas, water and incinerating;
F. Tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and installations existing for common use;
G. Such other community facilities as may be provided from time to time;
H. All other parts of the property necessary, or convenient to its existence, maintenance and safety, or normally in common use.
5. The value of the property, meaning the value of the land and all improvements on the land is $102,075.00, which is the value as appraised by the City of South Burlington, effective April 1, 1974. The value of each apartment, which includes the value of the undivided interest which the owner of each apartment has in the common areas and facilities is determined by attributing to each apartment a pro-rata share of the value of the total property, taking as a basis the value of each apartment in relation to the value of the whole property. As the principal building materials of all the apartments are substantially the same or similar, not including individual apartment planning, decorating and personal or custom amenities, the pro-rata share is determined by the approximate total gross interior square footage of living space of each apartment. Living space shall include garages but exclude attic storage areas. Space taken by interior partitions is included in the square footage. The value of each apartment, its square footage and the percentage of undivided interest attributable to each apartment is as set forth below.
Apartment # Square Footage Value Percentage of Undivided Interest**
1 1,200 $6,805.00 6.666666
2 1,200 6.805.00 6.666666
3 1,200 6,805.00 6.666666
4 1,200 6,805.00 6.666666
5 1,200 6,805.00 6.666666
6 1,200 6,805.00 6.666666
7 1,200 6.805.00 6.666666
8 1,200 6,805.00 6.666666
9 1,200 6,805.00 6.666666
10 1,200 6,805.00 6.666666
11 1,200 6,805.00 6.666666
12 1,200 6,805.00 6.666666
13 1,200 6,805.00 6.666666
14 1,200 6,805.00 6.666666
15 1.200 6,805.00 6.666666
_________________________________
TOTAL $102,075.00 100.00%
* The Vermont Condominium Ownership Act requires that the ownership interest which each owner has in the common areas and facilities be stated as a "percentage of undivided interest in the common areas and facilities. 27 V.S.A. Sec. 1311 (6), The total of those percentages should equal 100% so that the common areas and facilities are wholly owned by the apartment owners. Since Apartments #1 through #15 have the same square footage and the same value for purposes of the Vermont Condominium Ownership Act, as determined in the manner stated in paragraph 5 above, each of Apartments #1 through #15 should have the same percentage of undivided interest if theoretical mathematical completeness is to be achieved. However, it is not mathematically possible to state an odd number, here 15, of percentages which are equal and which total 100%. Therefore, although Apartment #15 is equal in value to each of the Apartments #1 through #14, Apartment #15 shall have an additional percentage of undivided interest in the amount of One One Hundred Thousandths of a percent (.00001%).
**The percentages of undivided interests set forth herein are subject to the provisions of paragraph 6 which shall apply in the case of any and all amendments to this Declaration where such an amendment includes the submission of additional property to the provisions of this Declaration.
6. Amendments concerning additional property.
A. Any party who becomes an owner of property subject to this Declaration or amendments thereto, agrees and is otherwise legally bound that this Declaration may be amended by the submission of additional property to the terms of this Declaration so long as and provided that no such amendment shall impair the value of the property, apartments and undivided interests which are subject to this Declaration at the time of any such amendment according and pursuant to the standards set forth in this paragraph for the determination of such value. Such amendments may be made only by ADCOM, INC., its successors or assigns. The provisions of this paragraph shall be binding upon ADCOM, INC., its successors and assigns, and upon any party who becomes an owner of property subject to this Declaration, or amendments thereto, and this paragraph is and shall be an agreement and binding provision among all parties referred to herein and may not be amended or otherwise changed without the consent of ADCOM, INC., its successors or assigns and of all other parties who may be owners of property subject to this Declaration or any amendments thereto, at the time of any such proposed amendment or change.
B. The purpose of the provisions of this paragraph No. 6 and its sub-paragraphs is to make possible the continued development of property which is now adjacent to the property subject to this Declaration pursuant to the standards set forth in paragraph 6 and its sub-paragraphs and, as aforesaid, in a manner that shall not impair the value of property, apartments and undivided interests subject to this Declaration pursuant to the standards set forth in this paragraph and its
Sub-paragraphs.
C. The standards referred to in this paragraph and its sub-paragraphs are established in contemplation and consideration of the Vermont Condominium Ownership Act, effective on the date of this Declaration, which Act provides in part as follows:
Common areas and facilities
(a) Each apartment owner shall be entitled to an undivided interest in the common areas and facilities as expressed in that declaration. That percentage shall be computed by taking as a basis the value of the apartment in relation to the value of the property.
(b) The percentage of the undivided interest of each apartment owner in the
common areas and facilities as expressed in the declaration shall have a permanent
character and shall not be altered without the consent of all of the apartment
owners expressed in an amended declaration duly recorded. The percentage of the
undivided interest in the common areas and facilities shall not be separated from the
apartment to which it appertains and shall run with the interest conveyed or encumbered
even though not expressly mentioned or described." [emphasis supplied]
D. The consent referred to in that part of the Vermont Condominium Ownership Act set
forth in sub-paragraph C hereof is given and expressed by way of this paragraph 6 and
its sub-paragraphs as limited by the standards stated herein and no further expression of
consent shall be necessary to legally effect any such amendment by ADCOM, INC., its
successors or assigns, which add property as herein contemplated PROVIDED HOWEVER that
any such amendment shall be strictly in accordance with the provisions of this paragraph and
its sub-paragraphs for the benefit and protection of parties who are apartment owners at
the time of any such amendments.
E. APARTMENT OWNERS' REMEDY FOR VIOLATION OF THE STANDARDS.
Each apartment owner of record at the time of the public recording of any such amendment referred to in this
paragraph or its sub-paragraphs as determined by an examination of the City of South Burlington Land Records for deeds shall have the right to challenge any such amendment in a court of proper jurisdiction. However, any such legal challenge shall and must be made, if at all, within ninety (90) days after the occurrence of one of the following two (2) sets of circumstances which ever is first to occur:
(1) The mailing of a copy of any such amendment to each owner of record by certified mail return receipt requested addressed to the Condominium apartment owned by such record owner in this condominium; or
(2) The actual filing of any such amendment AND the actual commencement of construction of buildings on land adjacent to property subject to this declaration.
This sub-paragraph is and shall be treated as a private Statute of Limitations on actions arising out of matters referred to in this paragraph and its sub-paragraphs.
F. At any time during the ninety (90) day period referred to in sub-paragraph E any such amendment may be rescinded by the party who made such amendment in which event the property described in such rescinded amendment shall be a separate condominium complex independent of other property already subject to this Declaration. In the event of any such rescission, property described in any such rescinded amendment shall be administered pursuant to Declaration and Bylaw provisions identical to this Declaration and related Bylaws in effect on the date of any such rescission except for references in such Declaration and Bylaw provisions which have specific reference to the physical elements of the property administered by such provisions. Further, if any legal challenge to any such amendment shall prove to be successful, then the property described shall be treated in the same manner as above set forth for a rescinded amendment, that is, such property shall be treated as a separate and independent condominium complex as aforesaid.
G. STANDARDS. Amendments may add property to the provisions of this Declaration pursuant to the following standards:
(1) Land adjacent to land which is subject to this Declaration shall be deemed equal in dollar value per acre, or part thereof, to land already subject to this Declaration. Land shall be deemed adjacent if such land is, at least, adjacent to one of the private drives which are subject to this Declaration.
(2) Utilities and other site improvements as required by applicable laws, regulations and other legal authority to be constructed on such land to be added by any such amendment shall be deemed equal in value to the utilities and other site improvements of the same type on land already subject to this Declaration, so long as such utilities and site improvements are built as required by said applicable laws, regulations and other legal authority.
(3) Any buildings shall be at least equal in quality, including workmanship and materials, to the buildings containing condominium apartments numbered 1 through 15 referred to in this Declaration. In the case of any dispute, said apartments numbered 1 through 15 shall serve as a model by which to judge standards of quality, including workmanship and materials.
(4) There shall be at least an equal amount of acreage of land per square foot of living space of the added apartments as compared with the ratio of land to square footage of living space for apartments numbered 1 through 15 referred to in this Declaration. Any land in excess of such ratio may be calculated as part of later such amendments.
(5) In the event that the living space, as defined in paragraph 5 of this Declaration, shall be more or less than 1,200 square feet in any added condominium apartments, then the percentages of undivided interest shall be adjusted to reflect such difference in square footage between such added apartment or apartments and apartments numbered 1 through 15, all of which are l,200 square feet. Such adjustment shall be made by totaling the square footage of all apartments and attributing to each apartment a percentage of undivided interest, which is equal to the percentage that the square footage of the apartment in question bears to the total square footage of all apartments, as nearly as may be mathematically possible.
(6) The design of buildings and apartments need not be identical with condominium apartments numbered 1 through 15, or with any of them, but the design of condominium apartments to be added may vary so that there may be a reasonable variety of design consistent with a planned residential development.
(7) Nothing in this paragraph or its sub-paragraphs shall require that any buildings which are constructed in the future be added by amendment to the provisions of this Declaration; PROVIDED HOWEVER that any future construction by ADCOM, INC., its successors or assigns, on land adjacent to property which is subject to this Declaration shall be of a quality which satisfies the standards set forth in paragraphs G (1) through (6).
7. Any reference in this Declaration to the term "Declaration" shall include any amendments to this Declaration.
8. All of the buildings containing condominium apartments numbered 1 through 15 and each such apartment are intended and restricted to use as residential apartments, except that one apartment may be used as an office of ADCOM, INC.
9. The name and business address of the person to receive service of process in the cases provided by the Vermont Condominium Ownership Act is as follows:
Henry P. Potter
1579 Spear Street
South Burlington, Vermont 05401
10. In the event of damage or destruction of all or part of the property subject to this Declaration, the percentage of votes by the apartment owners which shall be determinant of whether to rebuild, repair, restore or sell the property shall be 100%, otherwise, in the event of a failure to realize a 100% agreement, the property shall be administered as provided by the Vermont Condominium Ownership Act.
11. This Declaration may be amended except as to the provisions of paragraph 6 and its sub-paragraphs, by the affirmative vote of the owners of a majority of the undivided interest represented and being voted at a meeting for such purpose. A meeting for the purpose of amending this Declaration may be called by the president of the Association or by the owners of at least a majority of the undivided interest. Such a call shall be by written notice mailed to each record owner of a condominium apartment subject to this Declaration, as determined on the date of such notice, addressed to the condominium apartment of such owner in this condominium complex, unless the Board of Directors has been advised in writing by an owner of a different address before the record date. Such mailing shall be deposited in a post office or post office letter box in Burlington, or South Burlington, Vermont with postage prepaid at least two weeks prior to such meeting which shall be held in one of the condominium apartments of this condominium complex or in a place of public accommodation in the Cities of Burlington, or South Burlington, Vermont, as indicated in such notice. The notice shall contain a verbatim statement of the proposed amendment or amendments.
12. Reference is made to the recorded FLOOR PLAN recorded in Volume 107 Pages 105 of the South Burlington Land Records and the recorded LOT PLAN recorded in Volume 107 Pages 104 of the South Burlington Land Records.
13. Maintenance of Private Drives.
A. Neither the Association of Owners nor any of the individual owners shall take any action which shall require the City of South Burlington to maintain or provide any service on the drives or paths within the confines of the project without first obtaining the consent of the City or the proper regulating body having jurisdiction thereof, and further, the developer, the Association of Owners, for themselves, their heirs and assigns, hereby irrevocably waive any rights they may now have or which they may hereafter acquire to seek maintenance or other assistance from the City of South Burlington in connection with said drives or paths, including, but not limited to, those rights contemplated by 19 V.S.A. Sections 342, 343, 461 and related statutes.
B. Anything in this Declaration or in the Bylaws or other acts of ADCOM, INC., or the Association of Owners, to the contrary notwithstanding, the Association of Owners shall fully maintain and keep in good repair all nonpublic drives and other ways of whatever description provided for vehicular traffic.
C. If for some reason or cause unforeseen at the time of the filing of this Declaration, or if, by some process of law, the City of South Burlington agrees to accept, at the request of the Association, any drives and other ways of whatever description provided for vehicular traffic, then, prior to any such acceptance, the Association shall upgrade to City standards and then convey to the City of South Burlington for the amount of ONE ($1.00) DOLLAR said drives and other ways of whatever description provided for vehicular traffic.
D. Anything in this Declaration or in the By-laws of the Association to the contrary notwithstanding, these paragraphs are not amendable nor may it otherwise be changed without the written approval of the City of South Burlington, these paragraphs being intended to create a third-party right in favor of the City of South Burlington in connection with the matters contained in these paragraphs.
14. That no owner of a "family unit" may exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by the abandonment of his "family unit."
Note: All of Section 15 below that is italicized is modified by the Vermont fair housing act.
Cedar Glen North Association abides by 9 V.S.A Chapter 139, Section 4503
Vermont Fair Housing Act
Cedar Glen North Association will not discriminate against or harass any person in the terms, conditions or privileges of the sale or rental of a dwelling or other real estate, or in the provision of services or facilities in connection therewith, because of the race, sex, sexual orientation, age, marital status, religion, color, national origin or disability of a person, or because a person intends to occupy a dwelling unit with one or more minor children, or because a person is a recipient of public assistance, or because the person has exercised any right granted or protected by this chapter or for having filed a charge, testified or cooperated in any investigation or enforcement action pursuant to the Vermont Fair Housing Act.
15. Ownership of apartments and membership in the Association is limited to the persons who qualify under the circumstances set forth in sub-paragraphs A through G hereof and any deed, conveyance decree or other instrument of transfer, except a mortgage deed or other conveyance to effect a lien or a mortgage or similar security position, to persons who do not qualify for said membership conditions at the time of said transfer or who, thereafter, due to a change in their circumstances under the requirements of sub-paragraphs A through G hereof, do not qualify (become disqualified) and any lease, sublease, assignment, in whole or in part, or any similar occupancy arrangement to such persons, shall be a violation of this Declaration for which violation any and all occupants of the unit may be evicted and excluded from occupancy of the unit until and unless said violation is corrected and enforcement of this paragraph shall be by injunction, restraining order, temporary restraining order, or other appropriate legal remedy by the Association which shall have a lien against said unit for all expenses, including attorney's fees, incurred in enforcing the following conditions:
A. A member and his spouse, one of which shall be of the age 48 years of age or older. One child of their own whose age shall not be less than 18 years and shall not be enrolled in public, primary or secondary schools.
B. Male or female persons of the age of 48 years or older.
C. A widow or widower of the age of 48 years or older. One child of his or hers, whose age shall not be less than 18 years and who shall not be enrolled in public, primary or secondary schools.
D. In no case shall an apartment be shared with anyone except his or her spouse, one child in circumstances as aforesaid, or other person who qualifies by age for membership.
E. If it becomes necessary that a qualified member receive personal attendance for medical reasons certified in writing to the Association by a licensed medical physician, the Board of Directors of the Association, after application in writing to it on behalf of said member, may, in its uncontrolled discretion, permit such attendance to be by a person who does not otherwise qualify for occupancy; otherwise, such attendance shall not be permitted. In any event, such attendance, if permitted by the Board of Directors as aforesaid, shall be only for a period of time specified by the Board which period shall not exceed six months. Renewal applications may be made.
F. Except for widows and widowers, anything herein above to the contrary notwithstanding, a person who does not qualify for membership but who becomes an owner or co-owner by reason of death of another person or a person who is an owner or co-owner, and thereafter becomes disqualified by reason of death of a person or other cause, may personally occupy said "family unit" for a period not to exceed ninety (90) days after such death or other cause unless said person becomes qualified again. The lien and other remedy provisions of paragraph 15 shall apply to this paragraph. Similarly, a person who does not qualify for membership may become an owner or co-owner, but may not occupy said premises and may allow occupancy only by other persons who do qualify, in which latter event, the owner may allow the occupant toexercise the owner's voting and other membership privileges in connection with the Association.
G. A person who becomes a widow or widower by reason of the death of a person who was qualified for membership and was an owner at the time of death.
16. The manager of the condominium shall have authority to and shall obtain insurance for the property against loss or damage by fire and such other hazards as are customary or as directed by the Association in amounts deemed reasonable against the risk of such loss or damage. Such insurance shall be written on the property in the name of the manager as trustee for each of the apartment owners. Premiums shall be common expenses. In addition to such insurance, each apartment owner shall have the right to insure his apartment and its contents.
17. Each record owner of a condominium apartment shall be thereby a member of the Association of Apartment Owners.
IN WITNESS WHEREOF, it has hereunto set its hand and seal this 13th day of June, A.D., 1974.
ADCOM, INC.
By: _Henry Potter, Duly Authorized Agent
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, VT this 13th day of June, 1974 ADCOM, INC., by its duly authorized agent, Henry P. Potter personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed, and the free act and deed of the Corporation.
Before me, James Farrell Notary Public 1974
CONDOMINIUM DECLARATION
ADCOM, INC., hereinafter referred to as OWNER, being the sole owner of the property referred to in this Declaration, hereby makes said property subject to Title 27, Vermont Statutes Annotated, Chapter 15, the Condominium Ownership Act, according to the terms of this Declaration.
1. The description of the land on which the buildings and improvements are or are to be located is as follows:
Certain lands and premises located in the City of South Burlington, Chittenden County, Vermont, more particularly described as follows:
A. A right of way and easement for ingress and egress purposes over a private drive owned by ADCOM, INC. which leads to Cedar Glen Drive hereinafter referred to and which private drive is described as follows:
Beginning at Station 17+25 being a point on curve on the center line of Cedar Glen Drive as previously described in a deed from Cedar Glen North to the City of South Burlington. Thence from the point of beginning along the center line of a Fifty Foot (50') right of way on a magnetic bearing of N 13* 51' 18" W Twenty Seven and Fifty Three Hundredths Feet (27.53') to a point of curvature whose deflection angle is 58* 11’ 18" right, radius is One Hundred Thirty Four and Seventy Eight Hundredths Feet (134.78'), degree of curvature is 42* 30' 28", tangent is Seventy Five Feet (75.00'), curve length is One Hundred Thirty Six and Eighty Eight Hundredths Feet (136.88') and whose chord length is One Hundred Thirty One Six Hundredths Feet (131.06'), thence along the centerline N 44* 20' 00" E One Hundred Fifty Nine and Sixty Four Hundredths Feet (159.64') to a point of curvature whose deflection angle is 126* 27' 25" left, radius is One Hundred Forty Five Feet (145.00'), degree of curvature is 39' 30’ 52", tangent is Two Hundred Eighty Seven and Forty Two Hundredths Feet (287.42’), curve length is Three Hundred Twenty and Three Hundredths Feet (320.03') and whose chord length is Two Hundred Fifty Eight and Ninety One Hundredths Feet (258.91'), thence along the centerline N 82* 15' 25"W Six Hundred Seventy Five Feet (675.00')to a point of curvature whose deflection angle is 72* 00' 00" left, radius of three Hundred Ten Feet (310.00'), degree of curvature is 18* 28' 51", tangent is Two Hundred Twenty Five and Twenty Three Hundredths Feet (225.23'), curve length is Three Hundred Eighty Nine and Fifty Six Hundredths Feet (389.56') and whose chord length is Three Hundred Sixty Four and Forty Three Hundredths Feet (364.43') to a point of compound curvature whose deflection angle is 29* 30' 00" left, radius is Two Hundred Twenty Five Feet(225.00'), degree of curvature is 25* 27' 53", tangent is Fifty Nine and Twenty Four Hundredths Feet (59.24'), curve length is One Hundred Fifteen and Eighty Five Hundredths Feet (115.85') and whose chord length is One Hundred Fourteen and Fifty Seven Hundredths Feet (114.57') to the end of such roadway.
B. A portion of the above described private drive is contiguous to the 2.47 acres of land, more or less, which is hereby made subject to the Condominium Ownership Act, as aforesaid, and being Cluster "C" parcel described as follows:
From the last referred end of curve South 86' 14' 35" West Twenty Five Feet (25.00') to a point of beginning describing the Cluster "C" parcel. From this point of beginning North 75* 31' 01" West One Hundred Eighty Seven and Thirty Nine Hundredths Feet (187.39') to a point, thence North 77* 00' 30" West Eighty Two and Six Hundredths Feet (82.06') to a point , thence North 01*17’ 00”, East One Hundred Eighty Nine and Twenty Five One Hundredths Feet (189.25') to a point, thence North 13* 52' 14" East One Hundred Ninety Two and Seventy Three Hundredths Feet (192.73') to a point in the periphery boundary of the Cedar Glen North development parcel, thence South 44* 14' 30" East Eighty Two and Fifty Six Hundredths Feet (82.56') along the boundary between Cedar Glen North and lands now or formerly owned by Urban and Charlotte Wheelock to an existing "T" bar marker, thence South 82* 15' 25" East Two Hundred Fifty Feet (250.00') in and along the lands of said Wheelocks to a point, thence leaving said Wheelocks South line on a magnetic bearing of South 07* 44' 35" West One Hundred Fifty Three and Six Hundredths Feet (153.06') to a point on the westerly sideline of the accessway previously described, thence along a chord of a portion of a curve on westerly sideline of that accessway South 33* 11' 25" West Eighty Six and Eighty Four Hundredths Feet (86.84') to a point being point of compound curve, thence continuing along the westerly sideline of the curve whose chord is South 10* 59' 35" West One Hundred Twenty Seven and Thirty Hundredths Feet (127.30') to the point of beginning.
The parcel herein described lying within the mentioned bounds contains 2.47 acres be the same more or less. This parcel is also shown on a lot plan by Engineers Incorporated of Vermont, Project #2821 dated June 5, 1974, to be recorded herewith.
C. A right of way for ingress and egress purposes over a private drive known as Cedar Glen Drive until
such time as said drive is accepted by the City of South Burlington as a public street, said Cedar
Glen Drive being as shown on said lot plan by Engineers Incorporated of Vermont, Project #2821,
dated June 5, 1974, to be recorded herewith.
2. The descriptions of the buildings are as follows:
A. A one-story wood frame single unit building without basement, the principal construction
materials being wood, concrete, and brick and containing Apartment #1
B. A one-story wood frame two unit building without basement, the principal construction
materials being wood, concrete, and brick and containing Apartments #2 and #3
C. A one-story wood frame three unit building without basement, the principal construction
materials being wood, concrete, and brick and containing Apartments #4, #5 and #6.
D. A one-story wood frame two unit building without basement, the principal construction
materials being wood, concrete, and brick and containing Apartments #7 and #8.
E. A one-story wood frame three unit building without basement, the principal construction
materials being wood, concrete, and brick and containing Apartments #9,#10,and #11.
F. A one-story wood frame two unit building without basement, the principal construction
materials being wood, concrete, and brick and containing Apartments #12 and #13.
G. A one-story wood frame two unit building without basement, the principal construction
materials being wood, concrete, and brick and containing Apartments #14 and #15.
3. Apartment #1 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has four (4) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C", dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June, 1974, to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows; deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #2 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has four (4) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C". dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June, 1974, to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows; deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #3 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has four (4) rooms, and the immeddate common area to which it has access is grounds and drives as shownon the FLOOR PLAN of Cluster "C" dated May, 1974, and certified by Julian Goodrich, Registered Architect on the 10TH day of JUNE, 1974, to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows; deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #4 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 1 0_5 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has four (4) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C', dated May, 1974, and certified by Julian Goodrich, Registered Architect on the 10TH day of June, 1974, to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows; deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #5 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has four (4) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C", dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June, 1974, to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows; deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #6 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has four (4) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C", dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June, 1974 to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows; deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #7 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has four (4) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C", dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June, 1974 to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows: deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #8 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has four (4) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C", dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June, 1974 to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows: deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #9 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has five (5) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C", dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June, 1974 to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows: deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #10 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has five (5) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C", dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June, 1974 to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows: deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #11 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has five (5) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C", dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June, 1974 to be recorded herewith. Limited common area for the use of this Apartment is as follows: deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #12 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has five (5) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C", dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June, 1974 to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows: deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #13 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has five (5) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster “C", dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June, 1974 to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows: deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #14 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 1()7 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has four (4) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C", dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June,1974 to be recorded herewith. Limited common area for the use of this Apartment is as follows: deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
Apartment #15 is located in the building described in paragraph 2A hereof and as shown on the floor plan recorded in Volume 107 at Page 105 of the City of South Burlington Land Records, and said apartment has an approximate area of 1,200 square feet, and has four (4) rooms, and the immediate common area to which it has access is grounds and drives as shown on the FLOOR PLAN of Cluster "C", dated May, 1974 and certified by Julian Goodrich, Registered Architect on the 10th day of June,1974 to be recorded herewith. Limited common area reserved for the use of this Apartment is as follows: deck, lawn, walk and other area as shown on the above mentioned FLOOR PLAN.
4. The common areas and facilities are as follows:
A. The land on which the buildings are located except as may be designated limited common areas and facilities;
B. The foundations, columns, girders, beams, supports, main walls, and roofs;
C. Yards, gardens and parking areas, except, as may be designated limited areas and facilities;
D. Premises for the lodging of maintenance personnel or other persons in charge of the property;
E. Installations of central services such as power, electricity, gas, water and incinerating;
F. Tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and installations existing for common use;
G. Such other community facilities as may be provided from time to time;
H. All other parts of the property necessary, or convenient to its existence, maintenance and safety, or normally in common use.
5. The value of the property, meaning the value of the land and all improvements on the land is $102,075.00, which is the value as appraised by the City of South Burlington, effective April 1, 1974. The value of each apartment, which includes the value of the undivided interest which the owner of each apartment has in the common areas and facilities is determined by attributing to each apartment a pro-rata share of the value of the total property, taking as a basis the value of each apartment in relation to the value of the whole property. As the principal building materials of all the apartments are substantially the same or similar, not including individual apartment planning, decorating and personal or custom amenities, the pro-rata share is determined by the approximate total gross interior square footage of living space of each apartment. Living space shall include garages but exclude attic storage areas. Space taken by interior partitions is included in the square footage. The value of each apartment, its square footage and the percentage of undivided interest attributable to each apartment is as set forth below.
Apartment # Square Footage Value Percentage of Undivided Interest**
1 1,200 $6,805.00 6.666666
2 1,200 6.805.00 6.666666
3 1,200 6,805.00 6.666666
4 1,200 6,805.00 6.666666
5 1,200 6,805.00 6.666666
6 1,200 6,805.00 6.666666
7 1,200 6.805.00 6.666666
8 1,200 6,805.00 6.666666
9 1,200 6,805.00 6.666666
10 1,200 6,805.00 6.666666
11 1,200 6,805.00 6.666666
12 1,200 6,805.00 6.666666
13 1,200 6,805.00 6.666666
14 1,200 6,805.00 6.666666
15 1.200 6,805.00 6.666666
_________________________________
TOTAL $102,075.00 100.00%
* The Vermont Condominium Ownership Act requires that the ownership interest which each owner has in the common areas and facilities be stated as a "percentage of undivided interest in the common areas and facilities. 27 V.S.A. Sec. 1311 (6), The total of those percentages should equal 100% so that the common areas and facilities are wholly owned by the apartment owners. Since Apartments #1 through #15 have the same square footage and the same value for purposes of the Vermont Condominium Ownership Act, as determined in the manner stated in paragraph 5 above, each of Apartments #1 through #15 should have the same percentage of undivided interest if theoretical mathematical completeness is to be achieved. However, it is not mathematically possible to state an odd number, here 15, of percentages which are equal and which total 100%. Therefore, although Apartment #15 is equal in value to each of the Apartments #1 through #14, Apartment #15 shall have an additional percentage of undivided interest in the amount of One One Hundred Thousandths of a percent (.00001%).
**The percentages of undivided interests set forth herein are subject to the provisions of paragraph 6 which shall apply in the case of any and all amendments to this Declaration where such an amendment includes the submission of additional property to the provisions of this Declaration.
6. Amendments concerning additional property.
A. Any party who becomes an owner of property subject to this Declaration or amendments thereto, agrees and is otherwise legally bound that this Declaration may be amended by the submission of additional property to the terms of this Declaration so long as and provided that no such amendment shall impair the value of the property, apartments and undivided interests which are subject to this Declaration at the time of any such amendment according and pursuant to the standards set forth in this paragraph for the determination of such value. Such amendments may be made only by ADCOM, INC., its successors or assigns. The provisions of this paragraph shall be binding upon ADCOM, INC., its successors and assigns, and upon any party who becomes an owner of property subject to this Declaration, or amendments thereto, and this paragraph is and shall be an agreement and binding provision among all parties referred to herein and may not be amended or otherwise changed without the consent of ADCOM, INC., its successors or assigns and of all other parties who may be owners of property subject to this Declaration or any amendments thereto, at the time of any such proposed amendment or change.
B. The purpose of the provisions of this paragraph No. 6 and its sub-paragraphs is to make possible the continued development of property which is now adjacent to the property subject to this Declaration pursuant to the standards set forth in paragraph 6 and its sub-paragraphs and, as aforesaid, in a manner that shall not impair the value of property, apartments and undivided interests subject to this Declaration pursuant to the standards set forth in this paragraph and its
Sub-paragraphs.
C. The standards referred to in this paragraph and its sub-paragraphs are established in contemplation and consideration of the Vermont Condominium Ownership Act, effective on the date of this Declaration, which Act provides in part as follows:
Common areas and facilities
(a) Each apartment owner shall be entitled to an undivided interest in the common areas and facilities as expressed in that declaration. That percentage shall be computed by taking as a basis the value of the apartment in relation to the value of the property.
(b) The percentage of the undivided interest of each apartment owner in the
common areas and facilities as expressed in the declaration shall have a permanent
character and shall not be altered without the consent of all of the apartment
owners expressed in an amended declaration duly recorded. The percentage of the
undivided interest in the common areas and facilities shall not be separated from the
apartment to which it appertains and shall run with the interest conveyed or encumbered
even though not expressly mentioned or described." [emphasis supplied]
D. The consent referred to in that part of the Vermont Condominium Ownership Act set
forth in sub-paragraph C hereof is given and expressed by way of this paragraph 6 and
its sub-paragraphs as limited by the standards stated herein and no further expression of
consent shall be necessary to legally effect any such amendment by ADCOM, INC., its
successors or assigns, which add property as herein contemplated PROVIDED HOWEVER that
any such amendment shall be strictly in accordance with the provisions of this paragraph and
its sub-paragraphs for the benefit and protection of parties who are apartment owners at
the time of any such amendments.
E. APARTMENT OWNERS' REMEDY FOR VIOLATION OF THE STANDARDS.
Each apartment owner of record at the time of the public recording of any such amendment referred to in this
paragraph or its sub-paragraphs as determined by an examination of the City of South Burlington Land Records for deeds shall have the right to challenge any such amendment in a court of proper jurisdiction. However, any such legal challenge shall and must be made, if at all, within ninety (90) days after the occurrence of one of the following two (2) sets of circumstances which ever is first to occur:
(1) The mailing of a copy of any such amendment to each owner of record by certified mail return receipt requested addressed to the Condominium apartment owned by such record owner in this condominium; or
(2) The actual filing of any such amendment AND the actual commencement of construction of buildings on land adjacent to property subject to this declaration.
This sub-paragraph is and shall be treated as a private Statute of Limitations on actions arising out of matters referred to in this paragraph and its sub-paragraphs.
F. At any time during the ninety (90) day period referred to in sub-paragraph E any such amendment may be rescinded by the party who made such amendment in which event the property described in such rescinded amendment shall be a separate condominium complex independent of other property already subject to this Declaration. In the event of any such rescission, property described in any such rescinded amendment shall be administered pursuant to Declaration and Bylaw provisions identical to this Declaration and related Bylaws in effect on the date of any such rescission except for references in such Declaration and Bylaw provisions which have specific reference to the physical elements of the property administered by such provisions. Further, if any legal challenge to any such amendment shall prove to be successful, then the property described shall be treated in the same manner as above set forth for a rescinded amendment, that is, such property shall be treated as a separate and independent condominium complex as aforesaid.
G. STANDARDS. Amendments may add property to the provisions of this Declaration pursuant to the following standards:
(1) Land adjacent to land which is subject to this Declaration shall be deemed equal in dollar value per acre, or part thereof, to land already subject to this Declaration. Land shall be deemed adjacent if such land is, at least, adjacent to one of the private drives which are subject to this Declaration.
(2) Utilities and other site improvements as required by applicable laws, regulations and other legal authority to be constructed on such land to be added by any such amendment shall be deemed equal in value to the utilities and other site improvements of the same type on land already subject to this Declaration, so long as such utilities and site improvements are built as required by said applicable laws, regulations and other legal authority.
(3) Any buildings shall be at least equal in quality, including workmanship and materials, to the buildings containing condominium apartments numbered 1 through 15 referred to in this Declaration. In the case of any dispute, said apartments numbered 1 through 15 shall serve as a model by which to judge standards of quality, including workmanship and materials.
(4) There shall be at least an equal amount of acreage of land per square foot of living space of the added apartments as compared with the ratio of land to square footage of living space for apartments numbered 1 through 15 referred to in this Declaration. Any land in excess of such ratio may be calculated as part of later such amendments.
(5) In the event that the living space, as defined in paragraph 5 of this Declaration, shall be more or less than 1,200 square feet in any added condominium apartments, then the percentages of undivided interest shall be adjusted to reflect such difference in square footage between such added apartment or apartments and apartments numbered 1 through 15, all of which are l,200 square feet. Such adjustment shall be made by totaling the square footage of all apartments and attributing to each apartment a percentage of undivided interest, which is equal to the percentage that the square footage of the apartment in question bears to the total square footage of all apartments, as nearly as may be mathematically possible.
(6) The design of buildings and apartments need not be identical with condominium apartments numbered 1 through 15, or with any of them, but the design of condominium apartments to be added may vary so that there may be a reasonable variety of design consistent with a planned residential development.
(7) Nothing in this paragraph or its sub-paragraphs shall require that any buildings which are constructed in the future be added by amendment to the provisions of this Declaration; PROVIDED HOWEVER that any future construction by ADCOM, INC., its successors or assigns, on land adjacent to property which is subject to this Declaration shall be of a quality which satisfies the standards set forth in paragraphs G (1) through (6).
7. Any reference in this Declaration to the term "Declaration" shall include any amendments to this Declaration.
8. All of the buildings containing condominium apartments numbered 1 through 15 and each such apartment are intended and restricted to use as residential apartments, except that one apartment may be used as an office of ADCOM, INC.
9. The name and business address of the person to receive service of process in the cases provided by the Vermont Condominium Ownership Act is as follows:
Henry P. Potter
1579 Spear Street
South Burlington, Vermont 05401
10. In the event of damage or destruction of all or part of the property subject to this Declaration, the percentage of votes by the apartment owners which shall be determinant of whether to rebuild, repair, restore or sell the property shall be 100%, otherwise, in the event of a failure to realize a 100% agreement, the property shall be administered as provided by the Vermont Condominium Ownership Act.
11. This Declaration may be amended except as to the provisions of paragraph 6 and its sub-paragraphs, by the affirmative vote of the owners of a majority of the undivided interest represented and being voted at a meeting for such purpose. A meeting for the purpose of amending this Declaration may be called by the president of the Association or by the owners of at least a majority of the undivided interest. Such a call shall be by written notice mailed to each record owner of a condominium apartment subject to this Declaration, as determined on the date of such notice, addressed to the condominium apartment of such owner in this condominium complex, unless the Board of Directors has been advised in writing by an owner of a different address before the record date. Such mailing shall be deposited in a post office or post office letter box in Burlington, or South Burlington, Vermont with postage prepaid at least two weeks prior to such meeting which shall be held in one of the condominium apartments of this condominium complex or in a place of public accommodation in the Cities of Burlington, or South Burlington, Vermont, as indicated in such notice. The notice shall contain a verbatim statement of the proposed amendment or amendments.
12. Reference is made to the recorded FLOOR PLAN recorded in Volume 107 Pages 105 of the South Burlington Land Records and the recorded LOT PLAN recorded in Volume 107 Pages 104 of the South Burlington Land Records.
13. Maintenance of Private Drives.
A. Neither the Association of Owners nor any of the individual owners shall take any action which shall require the City of South Burlington to maintain or provide any service on the drives or paths within the confines of the project without first obtaining the consent of the City or the proper regulating body having jurisdiction thereof, and further, the developer, the Association of Owners, for themselves, their heirs and assigns, hereby irrevocably waive any rights they may now have or which they may hereafter acquire to seek maintenance or other assistance from the City of South Burlington in connection with said drives or paths, including, but not limited to, those rights contemplated by 19 V.S.A. Sections 342, 343, 461 and related statutes.
B. Anything in this Declaration or in the Bylaws or other acts of ADCOM, INC., or the Association of Owners, to the contrary notwithstanding, the Association of Owners shall fully maintain and keep in good repair all nonpublic drives and other ways of whatever description provided for vehicular traffic.
C. If for some reason or cause unforeseen at the time of the filing of this Declaration, or if, by some process of law, the City of South Burlington agrees to accept, at the request of the Association, any drives and other ways of whatever description provided for vehicular traffic, then, prior to any such acceptance, the Association shall upgrade to City standards and then convey to the City of South Burlington for the amount of ONE ($1.00) DOLLAR said drives and other ways of whatever description provided for vehicular traffic.
D. Anything in this Declaration or in the By-laws of the Association to the contrary notwithstanding, these paragraphs are not amendable nor may it otherwise be changed without the written approval of the City of South Burlington, these paragraphs being intended to create a third-party right in favor of the City of South Burlington in connection with the matters contained in these paragraphs.
14. That no owner of a "family unit" may exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by the abandonment of his "family unit."
Note: All of Section 15 below that is italicized is modified by the Vermont fair housing act.
Cedar Glen North Association abides by 9 V.S.A Chapter 139, Section 4503
Vermont Fair Housing Act
Cedar Glen North Association will not discriminate against or harass any person in the terms, conditions or privileges of the sale or rental of a dwelling or other real estate, or in the provision of services or facilities in connection therewith, because of the race, sex, sexual orientation, age, marital status, religion, color, national origin or disability of a person, or because a person intends to occupy a dwelling unit with one or more minor children, or because a person is a recipient of public assistance, or because the person has exercised any right granted or protected by this chapter or for having filed a charge, testified or cooperated in any investigation or enforcement action pursuant to the Vermont Fair Housing Act.
15. Ownership of apartments and membership in the Association is limited to the persons who qualify under the circumstances set forth in sub-paragraphs A through G hereof and any deed, conveyance decree or other instrument of transfer, except a mortgage deed or other conveyance to effect a lien or a mortgage or similar security position, to persons who do not qualify for said membership conditions at the time of said transfer or who, thereafter, due to a change in their circumstances under the requirements of sub-paragraphs A through G hereof, do not qualify (become disqualified) and any lease, sublease, assignment, in whole or in part, or any similar occupancy arrangement to such persons, shall be a violation of this Declaration for which violation any and all occupants of the unit may be evicted and excluded from occupancy of the unit until and unless said violation is corrected and enforcement of this paragraph shall be by injunction, restraining order, temporary restraining order, or other appropriate legal remedy by the Association which shall have a lien against said unit for all expenses, including attorney's fees, incurred in enforcing the following conditions:
A. A member and his spouse, one of which shall be of the age 48 years of age or older. One child of their own whose age shall not be less than 18 years and shall not be enrolled in public, primary or secondary schools.
B. Male or female persons of the age of 48 years or older.
C. A widow or widower of the age of 48 years or older. One child of his or hers, whose age shall not be less than 18 years and who shall not be enrolled in public, primary or secondary schools.
D. In no case shall an apartment be shared with anyone except his or her spouse, one child in circumstances as aforesaid, or other person who qualifies by age for membership.
E. If it becomes necessary that a qualified member receive personal attendance for medical reasons certified in writing to the Association by a licensed medical physician, the Board of Directors of the Association, after application in writing to it on behalf of said member, may, in its uncontrolled discretion, permit such attendance to be by a person who does not otherwise qualify for occupancy; otherwise, such attendance shall not be permitted. In any event, such attendance, if permitted by the Board of Directors as aforesaid, shall be only for a period of time specified by the Board which period shall not exceed six months. Renewal applications may be made.
F. Except for widows and widowers, anything herein above to the contrary notwithstanding, a person who does not qualify for membership but who becomes an owner or co-owner by reason of death of another person or a person who is an owner or co-owner, and thereafter becomes disqualified by reason of death of a person or other cause, may personally occupy said "family unit" for a period not to exceed ninety (90) days after such death or other cause unless said person becomes qualified again. The lien and other remedy provisions of paragraph 15 shall apply to this paragraph. Similarly, a person who does not qualify for membership may become an owner or co-owner, but may not occupy said premises and may allow occupancy only by other persons who do qualify, in which latter event, the owner may allow the occupant toexercise the owner's voting and other membership privileges in connection with the Association.
G. A person who becomes a widow or widower by reason of the death of a person who was qualified for membership and was an owner at the time of death.
16. The manager of the condominium shall have authority to and shall obtain insurance for the property against loss or damage by fire and such other hazards as are customary or as directed by the Association in amounts deemed reasonable against the risk of such loss or damage. Such insurance shall be written on the property in the name of the manager as trustee for each of the apartment owners. Premiums shall be common expenses. In addition to such insurance, each apartment owner shall have the right to insure his apartment and its contents.
17. Each record owner of a condominium apartment shall be thereby a member of the Association of Apartment Owners.
IN WITNESS WHEREOF, it has hereunto set its hand and seal this 13th day of June, A.D., 1974.
ADCOM, INC.
By: _Henry Potter, Duly Authorized Agent
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, VT this 13th day of June, 1974 ADCOM, INC., by its duly authorized agent, Henry P. Potter personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed, and the free act and deed of the Corporation.
Before me, James Farrell Notary Public 1974