Chappelle Villas Condominium A Declaration

Chappelle Villas Condominium A is made up of 12 units, located at 148, 150, 152, 154, 156, and 158 Charter Oaks Drive.

The Chappelle Villas Condominium A Declaration appears on pages 85 -102 of the Chappelle Villas Condominium A Blue Book. The Declaration along with the By-Laws,define how the Chappelle A Condominium is to be organized and run.

The Declaration and By-Laws can only be changed by a majority vote of the unit owners. This procedure is outlined in both the Declaration and in the By-Laws.

Note: This section applies only to the Chappelle A Condominiums, i.e. the “buildings”. For information about the Association (“grounds”), please go to the Association Declaration and the Association By-Laws.

Establishing Chappelle Villas Condominium A

For the Premises Described on Schedule A attached hereto in Buffalo, New York, pursuant to Article 9-B of the Real Property Law of the State of New York.

Chappelle Villas, Inc., a New York corporation, having an office at 2730 Transit Road, West Seneca, New York 14224, hereinafter referred to as the “Sponsor” does hereby declare:


Article I
Submission of Property

Section 1.01. Submission. The Sponsor hereby submits the land described on Schedule A attached hereto and made a part hereof, together with all improvements thereon erected (hereinafter called the “Property”) to the provisions of Article 9-B of the Real Property Law of the State of New York.

Article
II
Name of Condominium

Section 2.01 Name. This Condominium shall be known as the “Chappelle Villas Condominium A” sometimes hereinafter referred to as the “Condominium.” The Condominium shall be comprised of the owners of the “Units” (see section 4.01) below) on the Property.

Article
III
Buildings

Section 3.01. Building. The “Building” as hereinafter referred to is the structure containing residential dwelling units known as 148-158 Charter Oaks Drive, Town of Amherst, New York.

Schedule B attached hereto, and made a part hereof, contains a description of the Building including the number of stories, basement, and the materials of which the Building is constructed.

Article
IV
Units

Section 4.01. Number and Address of Units. There are 12 residential apartment Units (hereinafter sometimes together referred to as the “Units”). The Units are designated by number and letter. The Units have 148, 150, 152, 154, 156 or 158 Charter Oaks Drive as their address. See Schedule C of this Declaration for address of each unit.


Section 4.02. Designations, Plans and Location of Units. Annexed hereto, and made a part hereof as Schedule C, is a list of all Units, their Unit designations, tax lot numbers, approximate areas, number of rooms, percentage of interest in the “common elements”, as hereinafter defined, and common elements to which each unit has immediate access (as shown on the floor plans of the Buildings, certified by Charles M. Richardson, A.I.A. and filed in the Office of the Erie County Clerk simultaneously with this Declaration). Annexed hereto and made a part hereof as Schedule D is a plot plan showing the designation and location of the units within the building.

Section 4.03. Dimensions of Units. Each unit consists of the area measured horizontally from the exterior surface of the sheetrock of all opposite walls to the exterior surface of the sheetrock of all opposite walls and vertically from the lower surface of the subfloor forming the floor of the unit up to the exterior surface of the sheetrock forming the ceiling of the unit. Doors, windows and interior walls which abut a unit are a part of the unit. The patios adjoining the units in the first floor and the balconies adjoining the units located on the second floor are limited common elements restricted in use to the owner of the unit to which such patio or balcony abuts.

Section 4.04. Ownership of Units. Each Unit will be sold to one or more parties (hereinafter referred to as the “Unit Owners”) with each Unit Owner obtaining fee ownership to the Unit acquired and the appurtenant undivided interest in the “common elements” (see Article V of this Declaration) of the Condominium, as set forth in Schedule C of this Declaration.

Section 4.05. Use of Units. Each Unit shall be used for residential purposes only.

Notwithstanding the above, so long as the Sponsor owns one or more Units, it may use Units for sales offices, models and the storage of supplies and equipment.

Section 4.06. No Partition or Subdivision of Units. No Unit (including the interest in the common elements appurtenant thereto) shall be subject to partition or subdivision by the Unit Owner; provided, however, that the foregoing shall not be construed as prohibiting structural alterations or changes in the number of rooms in a Unit upon approval of the Board of Managers as provided for in the Condominium By-Laws.


Article V
Common Elements

Section 5.01. Definition of Common Elements. The common elements consist of all the Property except the Units, including, but without limitation, the following: all land within the boundaries of the Condominium property; the foundation, columns, girders, beams and supports; all exterior walls, the roof, the halls and the basement (including storage areas) of the Building, all parking and driveway areas and all lawns and appurtenant areas including lighting structures, sidewalks, and curbs; all walks; the land on which all utility or other pipes, wires, conduits and other material which are not part of the Units and not owned by public utility companies, the parking areas for cars, driveways, roadways, grass areas, sidewalks, fences and all other apparatus and installations on the Property for common use or which may be necessary or convenient to the existence, maintenance or safety of the Property, and the patios, balconies and mailboxes.

Section 5.02. Interest in Common Elements. Each Unit Owner shall have such percentage interest in the common elements as is set forth on Schedule C attached hereto and shall bear such percentage of the common expenses of the Condominium. The percentage of interest of each Unit in the common elements has been determined by the Sponsor on the basis of the square footage of living area of each Unit in relation to the total square footage living area of all Units.

Except as provided in Section 5.03, the interest in common elements as expressed herein shall have a permanent character and shall not be altered without the consent of all Unit Owners affected, as well as their mortgagees, expressed in a duly recorded amendment hereto.

The undivided interest in the common elements shall not be separated from the Unit to which it appertains and shall be deemed conveyed or encumbered with the Unit even though such interest is not expressly mentioned or described in the conveyance or other instrument.

Section 5.03 Eminent Domain. Notwithstanding Section 5.02 above, if a Unit or Units or any portion thereof is taken by eminent domain, the following shall apply:

l. If an entire Unit is so taken, or if part of a Unit is taken such that the remaining portion may not be practically or lawfully used for any purpose permitted by this Declaration, that Unit’s entire interest in the common elements shall be automatically reallocated to the remaining Units in proportion to the respective common element interests of those Units before the taking, and the Condominium shall prepare, execute and record an amendment hereto reflecting the reallocations;

2. If part of a Unit is so taken, such that the remaining portion may be practically and lawfully used for a purpose permitted by this Declaration, that Unit’s interest in the common elements shall be reduced in proportion to the reduction and size of the Unit in a manner consistent with the manner in which common element interests were originally determined under Section 5.02 above; the portion of the interest in the common elements so divested shall be automatically reallocated to that Unit and to the remaining Units in proportion to the respective common element interest of those Units before the taking, with the partially-taken Unit participating in the reallocation on the basis of its reduced interest in the common elements.


Section 5.04. Common Elements to Remain Undivided. The common elements shall remain undivided and no Unit Owner shall bring any action for partition or division unless otherwise provided by law and unless consented to by all holders of institutional first mortgages on the Units.

Section 5.05 Abandonment, Subdivision or Encumbrance of Common Elements.
The common elements shall not be abandoned, subdivided or encumbered (except by a public utility or for other public purposes consistent with the intended use of the common elements) without the consent of (i) all Unit Owners who shall vote upon written ballot which shall be sent to every Unit Owner not less than thirty (30) days nor more than fifty (50) days in advance of the canvass thereof and (ii) all Unit Owners whose percentage interest in the common elements is affected. No such abandonment, subdivision or encumbrance, or any transfer of any portion of the common elements shall be made if any lending institution first mortgagee of a Unit advises the Board of Managers in writing, prior to the date set for voting on the proposed abandonment, subdivision, encumbrance or transfer that it is opposed to such abandonment, subdivision, encumbrance or transfer, which opposition shall not be unreasonable. Written notice of any such proposed abandonment, subdivision, encumbrance or transfer shall be sent to all lending institution first mortgagees whose names appear on the records of the Condominium not less than thirty (30) days nor more than fifty (50) days prior to the date set for voting on the proposed abandonment, subdivision, encumbrance or transfer.

Section 5.06. Restricted Common Elements. Subject to the right of the Board of Managers to enter upon any restricted area for maintenance, repair or improvement of a Unit or common element and subject to the rules of the Board of Managers (see Article VII of By-Laws attached hereto as Schedule E), the following portions of the common elements are irrevocably restricted in use to the specified Unit Owners:

1. The balconies which abut the Units are restricted in use to the Owners of the Unit abutting such balcony.

2. Each storage area on the first floor of the Building is limited in use to the Owner of the Unit to which such space is assigned from time to time by the Board of Managers of the Condominium.

3. Each mail box in the Building is limited in use to the Owners of the Unit to which such mailbox was assigned by the Sponsor at the time of recording of this Declaration.

4. Each parking space shall be limited in use to the owner of a dwelling Unit in “Phase II” (as such area is defined in Schedule B of The Charter Communities Declaration recorded in the Erie County Clerk’s Office in Liber 8705 of Deeds at page 71) to which such space may be assigned from time to time by the Board of Directors of the Charter Communities Association, Inc.

Any portion of the common elements which is not restricted in use may be used by any Unit Owner.

Article
VI
Easements

Section 6.01. Utilities, Pipes and Conduits. Each Unit Owner shall have such easement of access to other Units and to the common elements and each Unit shall be subject to such easement, as may be necessary for such Unit Owner to maintain, repair and replace, as necessary, such Owner’s Unit including, if any, the pipes, wires and conduits running from the meters or equipment servicing such Unit to the Unit. Each Unit Owner shall have an easement in common with the owners of all other Units to use, in accordance with present use and present available facilities, all pipes, wires, ducts, cables, conduits, public utility lines, and other common elements located in any of the other Units and serving the Unit or Units of such Unit Owner. Each Unit shall be subject to an easement in favor of the Owners of all other Units to use in accordance with present use and present available facilities, the pipes, ducts, cables, wires, conduits, public utility lines and other common elements serving such other Units and located in such Unit.

Section 6.02 Access of Board of Managers. The Board of Managers, its agents, contractors and employees, shall have a right of access to each Unit to inspect the same, to remove violations therefrom and for maintenance, repair or improvements to any pipes, wires, ducts, cables, conduits and public utility lines located in any Unit and servicing any other Unit, or to make repairs to the Unit to prevent damage to the common elements or to any other Unit or to maintain, repair or replace the sump pumps. The cost of such maintenance, repairs, improvements or replacements shall be a common expense. The Board of Managers shall have a right of access to all common elements (irrespective of the restricted nature of such common elements) to remove violations and for inspection, maintenance, repair or improvement.

Section 6.03. Rights of Sponsor. The Sponsor shall have the right until the completion of the construction, marketing and sale of all Units in the Chappelle Villas Condominium community, i.e. on the 4.940 acres described as Phase II in Schedule B of the Charter Communities Declaration recorded in the Erie County Clerk’s Office in Liber 8705 of Deeds at page 71, to:

a. grant and reserve easements and rights of way for the installation, maintenance, repair, replacement and inspection of utility lines, wires, pipes and conduits, including, but not necessarily limited to, water, gas, electric, telephone and sewer to service other Units to be constructed in the Chappelle Villas community;

b. connect with and make use of utility lines, wires, pipes, conduits and related facilities located on the Property for the benefit of other lands in the Chappelle Villas community;

c.use the Property for ingress and egress of itself, and those necessary to complete construction, and for prospective purchasers and contract purchasers, of Units in the Condominium and of other units in the Chappelle Villas community, including the right to park in parking spaces on the Property.

d. use the basement of the Building or any Unit to which title has not been transferred or which the Sponsor has permission from the owner as a sales center and to have prospective purchasers of Units anywhere in the Chappelle Villas community visit such sales center and use certain portions of the Property, including, but not necessarily limited to, the parking spaces until all Units in Chappelle Villas have been sold, or earlier at the option of the Sponsor; and

e. grant to itself or to others such other easements and rights of way as may be reasonably needed for the orderly development of the-Chappelle Villas community.

With respect to his exercise of the above rights, the Sponsor agrees (i) to repair, within a reasonable time after the completion of development of the Chappelle Villas community or the termination of such rights, whichever first occurs, any damage resulting and (ii) hold the Condominium harmless from all resulting liabilities.

Section 6.04. Easement for Encroachments. The Unit Owners agree that if any portion of a Unit or the common elements (whether restricted in use to an individual Unit Owner or not) encroaches or shall hereinafter encroach upon another Unit or the common elements as a result of: (i) the original construction or settling or shifting of the Buildings or (ii) any repair or restoration by the Board of Managers of a Building, any Unit or the common elements, or (iii) any construction after a partial or total destruction as a result of a fire or other casualty or as a result of condemnation or eminent domain proceedings, a valid easement for the encroachment and the maintenance of the same shall and does exist. Such easements as provided in this Section shall exist so long as the Building in which any such encroachment exists shall stand.

Section 6.05. Easement of Necessity. Each Unit shall have and each Unit shall be subject to all easements of necessity in favor of such Unit or in favor of other Units and the common elements.

Section 6.06 Parking Areas Subject to Easements and Designation. The use of parking spaces on the Property is subject to (i) an easement for use by the owners and occupants of other Units in the Chappelle Villas complex; (ii) the reasonable rules and regulations with respect to the use of such parking spaces as may be adopted from time to time by the Charter Communities Association, Inc. and (iii) the assignment of such spaces by the Charter Communities Association, Inc. in a reasonable manner for use by the Owners and occupants of Units in the Condominium or of any other Units in the Chappelle Villas complex, being more particularly defined as 4.940 acres of land (including the Condominium) lying north of the Charter Oaks Condominium and described as Phase II in Schedule B of the Charter Communities Declaration recorded in the Erie County Clerk’s Office in Liber 8705 of Deeds at page 71.

Article
VII
Unit Ownership

Section 7.01. Unit Ownership. Upon the closing of title to a Unit, a purchaser shall automatically become a Unit Owner in the Condominium and shall remain such so long as such Unit is owned by such Owner.

Article
VIII
Voting Rights

Section 8.01. Voting Rights. For all voting purposes except for amendment to this Declaration as provided below, at any meeting of the Unit Owners, the Owners of Units shall have one (1) vote for each Unit owned.

Article
IX
Common Charges

Section 9.01. Unpaid Common Charges – Personal Obligation of Unit Owner and Lien on Unit. The common charges shall be paid when due.
All sums assessed as common charges by the Board of Managers of the Condominium, but unpaid, together with accelerated installments, late charges as may be established by the Condominium By-Laws, interest thereon at such rate as may be fixed by the Board of Managers from time to time, (such rate not to exceed the maximum rate of interest then permitted by law), and reasonable attorneys’ fees and other costs and expenses incurred in efforts to collect such past due assessments, shall be the personal obligation of the Unit Owner and shall constitute a lien upon the Unit prior to all other liens except: (a) tax or assessment liens on the Unit by the taxing subdivision of any governmental authority, including but not limited to State, County, and City taxing agencies
and (b) all sums unpaid on any first mortgage of record encumbering any Unit. The Board of Managers is obligated to enforce this lien for the payment of common charges.

Common charges shall be assessed on an annual basis and shall be due and payable on a monthly basis unless the Board of Managers establishes other periods for payment, except that, if an installment of common charges is not paid within thirty (30) days after the due date, the Board of Managers may accelerate the remaining installments, if any upon notice to the Unit Owner which notice shall afford the Unit Owner not less than ten (10) days to pay such past due installment(s) of common charges. The Board of Managers may offer a discount on such assessment if paid in full in advance. All costs and expenses incurred in collecting past due assessments, including reasonable attorney’s fees, shall also be the personal obligation of the Unit Owner, but shall not be a lien against the Unit.

Section 9.02. Foreclosure of Lien for Common Charges. The lien for past due common charges may be foreclosed by the Condominium in accordance with the laws of the State of New York, in like manner as a mortgage on real property and the Condominium shall also have the right to recover all costs incurred including reasonable attorney’s fees (but such right shall not be a lien against the Unit). In the event the proceeds of the foreclosure sale are not sufficient to pay such unpaid common charges, the unpaid balance shall be charged to all Unit Owners as a common expense. However, where the holder of an institutional mortgage of record, or other purchaser of a Unit at a foreclosure sale of an institutional mortgage, obtains title to the Unit as a result of foreclosure or the institutional mortgage holder obtains title by conveyance in lieu of foreclosure, such acquirer of title, its successors or assigns, shall not be liable and the Unit shall not be subject to a lien for the payment of common charges chargeable to such Unit which were assessed and became due prior to the acquisition of title to such Unit by such acquirer. In such event, the unpaid balance of common charges shall be charged to all other Unit Owners as a common expense. The term “institutional mortgage” herein used shall mean a first mortgage granted by a bank, federal savings and loan association, life insurance company, pension fund, trust company or other institutional lender.

Section 9.03. No Exemption or Waiver of Common Charges. Every Unit Owner shall pay the common charges assessed against him when due and no Unit Owner may exempt himself from liability for the payment of the common charges assessed against him by waiver of the use or enjoyment of any of the common elements or by the abandonment of his Unit. However, no Unit Owner shall be liable for the payment of any common charges accruing subsequent to a sale, transfer, or other conveyance by him of such Unit made in accordance with Section 339-x of the Real Property Law or in accordance with the provisions of this Declaration and the By-Laws.

Section 9.04 Grantee to be Liable with Grantor for Unpaid Common Charges. In any conveyance of a Unit either by voluntary instrument, operation of law or judicial proceeding in accordance with this Declaration or the By-Laws, the grantee of the Unit shall be jointly and severally liable with the former Unit Owner for any unpaid common charges against the latter assessed and due up to the time of the grant or conveyance without prejudice to the grantee’s right to recover from the former Unit Owner the amounts paid by the grantee therefor. “Grantee” as used herein shall not include either the holder of an institutional mortgage of record or a purchaser of a Unit at a foreclosure sale of an institutional mortgage.

Section 9.05 Statement of Unpaid Common Charges. The Board of Managers shall, at the request of any existing or prospective Unit Owner, mortgagee or title insurer of a Unit, report any unpaid common charges due from the Unit Owner of such Unit.

Section 9.06. Unit Services and Utilities Funded Through Common Charges. Water for the Units, as well as water, electricity and gas servicing the common elements, shall be a common expense, except that the Board of Managers may, at its option; (i) sub-meter the water consumed in the Units and adjust the maintenance charges paid by the Unit Owners to reflect the varying amounts of water consumption and/or (ii) arrange for such water to be supplied through meters billed to the Charter Communities Association, Inc., in which event the cost of such water will be funded through the maintenance assessments of the Charter Communities Association, Inc.

Article
X
Board of Managers

Section 10.01. Board of Managers. The affairs of the Condominium shall be governed and controlled pursuant to the Condominium By-Laws
(attached hereto as Schedule F and made a part hereof) by a Board of Managers who shall be elected and serve and shall have the duties and powers as provided in the By-Laws.

Section 10.02. Administration. The administration of the Condominium, the Buildings and parcel of land (the Property) described herein shall be in accordance with the provisions of this Declaration and with the provisions of the Condominium By-Laws.

Section 10.03. Power of Attorney to Board of Managers. Each Unit Owner shall grant to the persons who shall from time to time constitute the Board of Managers, an irrevocable power of attorney, coupled with an interest, to acquire title to or lease any Unit whose Owner desires to surrender, sell or lease the same, or which may be the subject of a foreclosure or other judicial sale, in the name of the Board of Managers or its designee, corporate or otherwise, on behalf of all Unit Owners, and to convey, sell, lease, mortgage, vote the votes appurtenant thereto or otherwise deal with any such Unit so acquired or to sublease any Unit so leased by the Board of Managers.

Section 10.04. Acquisition of Units by Board of Managers. In the event: (a) any Unit Owner shall surrender such Unit Owner’s Unit, together with (i) the undivided interest in the common elements appurtenant thereto; (ii) the interest of such Unit Owner in any other Units acquired by the Board of Managers or its designee on behalf of all Unit Owners or the proceeds of the sale, or lease thereof, if any; and (iii) the interest of such Unit Owner in any other assets of the Condominium (hereafter collectively called the “Appurtenant Interests”) pursuant to the provisions of Section 339-x of the Real Property Law of the State of New York, or (b) the Board of Managers shall purchase at a foreclosure or other judicial sale, a Unit together with the Appurtenant Interests, title to any such Unit, together with the Appurtenant Interests shall be held by the Board of Managers or its designee, corporate or otherwise, on behalf of all Unit Owners, in proportion to their respective common interests. The lease covering any Unit leased by the Board of Managers, or its designees, on behalf of all Unit Owners, shall be held by the Board, or its designee, on behalf of all Unit Owners in proportion to their respective common interests.

Section 10.05. Sponsor’s Written Consent Necessary for Certain Actions Taken by Board of Managers. Notwithstanding anything to the contrary contained in this Declaration, so long as the Sponsor shall continue to own 25% or more of the Units, but in no event later than three (3) years from the date of recording this Declaration, the Board of Managers may not, without the Sponsor’s written consent, (i) except for necessary repairs or repairs, alterations, additions or improvements required by law, make any addition, alteration or improvement to the common elements or to any Unit owned by the Condominium or (ii) assess any common charges for the creation of, addition to or replacement of all or part of a reserve, contingency or surplus fund in excess of an amount equal to the proportion of the then existing budget which the amount of reserves in the initial budget of estimated expenses for the Condominium bears to the total amount of such initial budget of estimated expenses, or, [iii] borrow money on behalf of the Condominium of [iv] reduce the quantity or quality of services or maintenance of the property.


Article XI
Obligations, Responsibilities,
Covenants, and Restrictions

Section 11.01. All Owners, Tenants and Occupants Subject to Condominium Documents Which Run With the Land. All present or future Unit Owners, tenants, occupants or any other person that might use the Units or the facilities of the Property in any manner, are subject to the provisions of the Declaration, the By-Laws and Rules and Regulations of the Condominium as they may be amended from time to time. The acceptance of a deed or conveyance or the entering into of a lease, or the provisions of the Declaration, the By-Laws and Rules and Regulations of the Condominium as they may be amended from time to time. The acceptance of a deed or conveyance or the entering into of a lease, or the entering into of occupancy of any Unit shall signify that the provisions of this Declaration and the By-Laws and Rules and Regulations of the Condominium are accepted and ratified by such Owner, tenant or occupant, and all of such provisions shall be deemed and taken to be covenants running with the land and shall bind any person having at any time any interest or estate in such Units, as though such provisions were recited and stipulated at length in each and every deed or conveyance or lease thereof.

Section 11.02. Units to be Properly Maintained. Unit Owners shall maintain their Units and any other area restricted in use to a Unit Owner or Owners in good repair and overall appearance.

Section 11.03. No Structural Alterations. No structural alterations to the Unit or other alterations which would impair the structural soundness of the apartment building or Unit or which would cause an adverse material effect on the exterior appearance or the value of the apartment building may be made without the written consent of the Board of Managers, obtained as provided in the By-Laws. The Board of Managers shall have the obligation to answer within forty (40) days and failure to do so within the stipulated: time shall mean that there is no objection to the proposed modification or alteration.

Section 11.04. Mortgages on Units. Any Unit Owner who mortgages his Unit shall promptly provide the Board of Managers with the name and address of the mortgagee.

Section 11.05. No Nuisances. No nuisances shall be allowed upon the Property nor shall any use or practice be allowed which is a source of annoyance to residents or which interferes with the peaceful possession and proper use of the Property by its residents.


Section 11.06. No Immoral or Unlawful Use. No immoral, improper, offensive or unlawful use shall be made of the Property nor any part thereof and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed.

Section 11.07. Rules and Regulations. Rules and regulations promulgated by the Board of Managers concerning the use of the Property shall be observed by the Unit Owners, provided, however, that copies of such rules and regulations are furnished to each Unit Owner prior to the time the said rules and regulations become effective or are sought to be enforced.

Article
XII
Amendment and Termination

Section 12.01. Amendment. This Declaration may be modified, altered, amended or added to at any duly called meeting of Unit Owners provided that:

a. A notice of the meeting containing a full statement of the proposed modification, alteration, amendment or addition has been sent to all Unit Owners and institutional first mortgagees of Units as listed on the books and records of the Condominium at least thirty (30) and not more than fifty (50) days prior to the date set for such meeting; and

b. 66-2/3% or more in number and in common interest of all Unit Owners approve the change; and

c. The Board of Managers does not, prior to the date established for voting on the proposed change, receive written notification of opposition to the change from mortgagees of more than 50% of the number of Units; and

d. An instrument evidencing the change is duly recorded in the Office of the Erie County Clerk. Such instrument need not contain the written consent of the required number of Unit Owners, but shall contain a certification by the Board of Managers of the Condominium that the consents required by this Section for such change have been received and filed with the Board of Managers, and

e. So long as the Sponsor shall continue to own 10% or more of the Units, but in no event later than three (3) years from the date of recording this Declaration, the Board of Managers obtains the Sponsor’s written consent to the change.

Section 12.02. Termination. The Condominium shall not be terminated or abandoned except as provided for by law.

Article
XIII
General

Section 13.01. Service of Process. Service of process on the Unit Owners in any action with relation to the common elements shall be made upon: Board of Managers of Chappelle Villas Condominium A, 160 Charter Oaks Drive, Williamsville, New York 14221.

Section 13.02. Invalidity. The invalidity of any provision of this Declaration shall not be deemed to impair or affect in any manner. the validity, -enforceability, or effect of the remainder of this Declaration and, in such event, all of the other provisions of this Declaration shall continue in full force and effect as if such invalid provision had never been included herein.

Section 13.03. Waiver. No provision contained in this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur.

Section 13.04. Captions. The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of this Declaration nor the intent of any provision hereof.

Section 13.05. Gender. The use of the masculine gender in this Declaration shall be deemed to refer to the feminine gender whenever the context so requires.

Schedule
A
Description of Condominium Property


ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Amherst, County of Erie and State of New York, being part of Lot 75, Township 12, Range 7 of the Holland Land Company’s Survey, bounded and described as follows:

BEGINNING AT A POINT on the north line of Skinnerville Road 24.75 feet north of a point on the south line of Lot 75 and 350 feet easterly, as measured along said south line, from the southwest corner of said Lot; thence easterly along the north line of Skinnerville Road 140.00 feet; thence along the perimeter of the lands comprising the Charter Oaks Condominium as described in Declaration of Condominium recorded in the Erie County Clerk’s Office in Liber 8705 of Deeds at page 102 the following courses and distances:

(1) northerly at right angles 139.00 feet; (2) westerly at right angles 138.17 feet; (3) northerly at an angle in the northeast quadrant of 89° 15′ and parallel with the west line of said Lot 75 a distance of 705.28 feet; (4) easterly at right angles 120.00 feet; (5) southerly at right angles 166.29 feet; (6) easterly at an angle in the northeast quadrant of 89° 10′ a distance of 167.48 feet to the true point or place of beginning; running thence North 00° 39′ 09″ West 111.56 feet; thence North 89° 20′ 51″ East 235.00 feet; thence South 29° 16′ 43″ West 70.15 feet; thence South 00° 39′ 09″ East 50.76 feet to the north line of the lands comprising the Charter Oaks Condominium; thence South 89° 20′ 51″ West along the north line of lands described in the Charter Oaks Condominium 200.00 feet to the true point or place of beginning.

Schedule
B
Description of the Buildings

There is one two story residential building with a basement containing 12 residential units.

The foundation of the building is poured concrete. The exterior walls of the building is of wood stud construction. The roofs are plywood covered with built up felt roofing. Walls between apartment units are of concrete block or stud construction. Finish walls and ceiling are of gypsum wall board. The exterior of the residential building is finished asphalt roof shingles and brick veneer. The chimneys are of brick, block and clay flue tile. The fireplace flues will be triple wall metal.


Schedule
C to Declaration

Unit Designation

Building
Address

Unit
Designation

Location
of Unit
in Bldg.

Approx.
Area in
Sq. Ft.

No.
of
Rooms/
Baths

Pct.


Int. in
Common
Elements

Access
to
Common
Elements*

148
Charter Oaks Drive

A

B

Lower

Upper

810
4/1
7.3

1-2-4-5

1-3-4-5

150
Charter Oaks Drive

A

B

Lower

Upper

1154
5/
1-1/2
10.4

1-2-4-5

1-3-4-5

152
Charter Oaks Drive

A

B

Lower

Upper

810
4/1
7.3

1-2-4-5

1-3-4-5

154
Charter Oaks Drive

A

B

Lower

Upper

810
4/1
7.3

1-2-4-5

1-3-4-5

156
Charter Oaks Drive

A

B

Lower

Upper

1154
5/
1-1/2
10.4

1-2-4-5

1-3-4-5

158
Charter Oaks Drive

A

B

Lower

Upper

810
4/1
7.3

1-2-4-5

1-3-4-5

*Code
1-Interior
hallway
2-Patio
3-Balcony
4-Storage
area

5-Building vestibule

 


Schedule
D to Declaration
– Plot Plan; see Blue Book