Chappelle Villas Condominium B Declaration

Table of Contents

• Article I Submission of Property
• Article II Name of Condominium
• Article III Buildings
• Article IV Units
• Article V Common Elements
• Article VI Alteration of Units or Common Elements
• Article VII Easements
• Article VIII Voting Rights
• Article IX Common Charges – Allocation, Lien and Liability
• Article X Board of Managers
• Article XI Obligations, Responsibilities, Covenants and Restrictions
• Article XII Amendment and Termination
• Article XIII General
• Schedule A Description of Condominium Property
• Schedule B Description of the Buildings
• Schedule C Unit Designation
• Schedule D Plot Plan

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

Chappelle Villas Associates, general partnership having its office at 3305 Haseley Drive, Niagara Falls, New York 14304, hereinafter referred to as the “Sponsor” does hereby disclose:

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 B, sometimes hereinafter referred to as the “Condominium”. The Condominium shall be comprised of the “Units” (see Section 4.01 below) and the “common elements” (see Section 5.01 below) on the Property.

Article III
Buildings

Section 3.01. Buildings. The “Buildings” as hereinafter referred to are: the two (2) residential structures, with one such structure containing 16 residential dwelling Units known as 15-29 Bristol Drive, and with the other structure containing 12 residential dwelling units known as 22-32 Bristol Drive.

Schedule B attached hereto, and made a part hereof, contains a description of the Buildings including the number of stories, and materials of which each Building is constructed. The property on which the Buildings are located is more particularly described in Schedule A attached hereto.

Article IV
Units

Section 4.01. Number and Address of Units. There are 28 residential units, all of which are “garden” type residential units, hereinafter sometimes referred to as “Residential Units.”

The Residential Units are designated by number (street address – 15, 17, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 32 Bristol Drive) and letter (“A” designating lower Units and “B” designating upper Units).

The Residential Units are hereinafter sometimes together referred to as the “Units.” Annexed hereto, and made a part hereof as Schedule C, is a list containing Unit designations and addresses of the Units.

Section 4.02. Designations, Locations and Plans of Units. Annexed hereto, and made a part hereof as Schedule C, is a list of all Units in the Buildings, 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 (all except the percentage interests in the common elements as shown on the floor plans of the Buildings, certified by Charles M. Richardson, R.A., and filed in the Office of the Erie County Clerk simultaneously with this Declaration under Map Cover No. ). If such floor plans do not include a verified statement by such architect that such plans fully and fairly depict the layout, location, Unit designations and approximate dimensions of any particular Unit or Units as built, there shall be recorded prior to each first conveyance of such particular Unit or Units an Amendment to this Declaration, to which shall be attached a verified statement of a registered architect or licensed professional engineer certifying that the plans theretofore filed, or filed simultaneously with such Amendment, fully and fairly depict the layout, location, Unit designations and approximate dimensions of those particular Unit(s) as built. Annexed hereto and made a part hereof as Schedule D is a site plan or survey showing the designation and location of the Units within the Buildings.

Section 4.03. Dimensions of Units. Each Residential Unit is measured horizontally from the unexposed faces of the sheetrock at the exterior walls of the Building to the unexposed faces of the sheetrock at the walls dividing the Residential Units from interior stairhalls or other Residential Units, and vertically from the unexposed face of the subfloor forming the floor of the Residential Unit up to the unexposed face of the sheetrock forming the ceiling of the Residential Unit. Doors, windows and interior walls which abut a Residential Unit are part of the Residential Unit. All pipes, wires and conduits from the gas and electric meters to the Residential Units are part of the Residential Unit. Any and all heating units and air conditioners serving only one Residential Unit are part of the Residential Unit served. The patios adjoining first floor Residential Units and the balconies adjoining second floor Residential Units are limited common elements restricted in use to the owner of the Residential Unit to which such patio or balcony abuts.

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

Section 4.05. Use of Units. Each Residential Unit shall:

(1) be used for residential purposes only

(2) be resided in by not more persons (including children) than two times the number of bedrooms in the Unit, except that this shall not apply to persons who have a child after they have taken occupancy; and

(3) if resided in by three or more persons (including children) such persons shall be members of the same family (or if the Unit Owner or lessee is a partnership, a corporation or a trust, members of the family of a partner, director, shareholder, or employee of the corporation or of the beneficiary of the trust, as the case may be). “Same family” shall be defined as persons related to one another as husband, wife, mother, father, sister, brother, stepsister, stepbrother, daughter, son, stepdaughter, stepson; together with their children. This restriction requiring three or more residents to be members of the same family may be waived by written consent obtained from the Board of Managers prior to occupancy.

Notwithstanding the above, (i) so long as the Sponsor owns one or more Residential Units, it may use such Residential Units for sales offices, models, and the storage of supplies and equipment, which right shall not be taken away by an amendment to this Declaration without the Sponsor’s written consent; and (ii) such restrictions shall not be construed to prohibit occupancy of a Unit by persons on a temporary basis.

Section 4.06. No Partition of Units. No Unit (including the interest in the common elements appurtenant thereto) shall be subject to partition by the Unit Owner; provided, however, that the foregoing shall not be construed as prohibiting any division or combination of Units as provided in Section 6.01 of this Declaration or any structural alterations or changes in the number of rooms in a Unit upon approval of the Board of Managers as provided for in Article VI of this Declaration.

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: (i) the outside walls, roofs, basements, interior common halls, stairways and foundations of all Buildings; (ii) the land and improvements on the Property; (iii) all utility or other pipes, wires, conduits and other material which are not part of the Units and not owned by public utility companies by any municipality; (iv) the parking areas, driveways, roadways, grass areas, sidewalks, fences and mailboxes; 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.

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 in accordance with Section 339-i- (iii) of the Real Property Law, on the basis of each Unit within each of the following classifications of Units having an equal appurtenant percentage interest in the common elements as follows:

(a) Two Bedroom Residential Units 3.752
(b) One Bedroom and One Bedroom “Plus” Residential Units 3.120

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 !1l as their mortgagees, expressed in a duly recorded amendment hereto.

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

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

(a) Action to Contest Condemnation. The Board of Managers shall have the exclusive right to contest any condemnation or eminent domain proceeding which is directed at taking any portion of the common elements or which touches upon, concerns or affects the use of the common elements. No Unit Owner or tenant of a Unit shall impair or prejudice the action of the Board of Managers in contesting such condemnation. Such restriction or prohibition shall not preclude a Unit Owner or tenant of a Unit from contesting the taking in such condemnation or eminent domain proceeding of the Unit owned or rented by such Unit owner or tenant. In any action contesting a taking by condemnation or eminent domain proceeding, the Board of Managers shall request the court to set forth the allocation of the condemnation award among the Unit Owners affected, taking into account the respective percentage interests in the common elements, the effect of the taking on each Unit affected thereby and any other relevant factors.

(b) Partition Action in Lieu of Continuation of Condominium After Partial Taking by Condemnation. If any condemnation or eminent domain proceeding results in a partial taking of the Property, then the Property or so much thereof as shall remain shall be subject to an action for partition as provided for by Section 339-t of the Real Property Law, as said Section may be amended from time to time, in which event the net proceeds of sale, together with the net proceeds of the award from the condemnation or eminent domain shall be considered one fund and shall be divided among all the Unit Owners in proportion to their respective common interests; provided, however, that no payment shall be made to a Unit Owner until there has first been paid off out of such Owner’s share all liens on such Owner’s Unit.

(c) Distribution of Condemnation Awards for Taking of Common Elements. Except as provided in (b) above and except for any award obtained by a Unit Owner for the Unit as further provided in (a) above, in the event that all or part of the common elements are taken in condemnation or eminent domain proceedings, the award from such proceedings shall be paid to an insurance trustee (bank, trust company, law firm or attorney) selected by the Board of Managers if the award is more than $100,000.00 and to the Board of Managers if the award is $100,000.00 or less. (This $100,000.00 limit shall automatically increase each calendar year by 5% over the limit of the previous year.) The Board of Managers or the insurance trustee, as the case may be, shall arrange for the repair, restoration or replacement of such common elements to the extent reasonably possible, and shall disburse the proceeds of such award to the contractors engaged in such repair and restoration in appropriate progress payments.

If there shall be a surplus of such proceeds or if the Board of Managers or insurance trustee cannot reasonably repair, restore or replace the common elements taken, the proceeds shall be distributed among the Unit Owners and the percentage interests in the common elements of the Condominium reallocated among the remaining Units (i) as the court shall have directed, or (ii) as provided in (d) below (i.e., if there was no direction by the court), taking into account the respective percentage interests in the common elements of the Units affected thereby, the effect of the taking on each Unit affected thereby after the completion of any repair, restoration or replacement by the Board of Managers or insurance trustee and any other relevant factors. Any court direction as to such distribution shall be final. Any Unit Owner or tenant who wishes to contest a determination by the Board of Managers may do so by submitting the matter to the American Arbitration Association for a determination of a fair and proper distribution, or reallocation of percentage interests in the common elements, as the case may be, which shall be binding on the Board of Managers, and on all Unit Owners and tenants. The cost of such arbitration shall be borne solely by the Unit Owner or tenant submitting the matter for arbitration.

After any determination for reallocation of percentage interests in the common elements, the Unit Owners shall promptly prepare, execute and record an amendment to the Condominium Declaration reflecting such reallocation, which said Amendment need only be executed by Unit Owners affected and by a majority of the Board of Managers.

(d) Partial or Total Taking of Units. Subject to the direction of any court as described in (c) above, 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. 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 interests 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.
(e) Condemnation Provisions Subject to Existing Law. All provisions of this Section 5.03 are subject to interpretation in accordance with the law in effect at the time of any condemnation or eminent domain proceeding. Should all or any portion of the provisions of this Section 5.03 be deemed illegal at such time, the distribution of proceeds, rights with respect to partition and allocation of percentage interests in the common elements after a partial taking, shall be as a court of law shall determine.

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 first mortgages on the Units.

Section 5.05. Abandonment, Encumbrance, Conveyance or Transfer of Common Elements. The common elements shall not be abandoned, encumbered, conveyed or transferred without the consent of all the Unit Owners, who shall vote upon written ballot which shall be sent to every Unit Owner not less than 30 days nor more than 50 days in advance of the date or initial date of the canvass for Voting on the proposed abandonment, encumbrance, conveyance or transfer. No such abandonment, encumbrance, conveyance or transfer shall be made if any first mortgagee of a Unit advises the Board of Managers in writing, prior to the date set for voting on the proposed abandonment, encumbrance, conveyance or transfer that it is opposed to such abandonment, encumbrance, conveyance or transfer which opposition shall not be unreasonable. Written notice of any such proposed abandonment, encumbrance, conveyance or transfer, shall be sent to all lending institution first mortgagees whose names appear on the records of the Condominium not less than 30 days nor more than 50 days prior to the date set for voting on the proposed abandonment, encumbrance, conveyance or transfer.

Notwithstanding the foregoing, the Condominium Board of Managers shall have the power to grant easements, rights of way or licenses for utilities or other similar services (e.g., cable television) across the common elements, with or without consideration. Also notwithstanding the foregoing, the Sponsor shall be entitled to exercise the rights reserved in Article VII of this Declaration. This Section may not be amended without the written consent of the Sponsor as long as the Sponsor (or its successors or assigns) owns any Units or any properties adjacent to the Condominium.

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 restricted in use as specified below:

(a) The patio or balcony which is directly adjacent to a Residential Unit is restricted in use to the Owner(s) and occupants of the Residential Unit so abutting the patio and balcony.

(b) In the future, the Board of Directors of the Charter Communities Association, Inc. may assign outdoor parking spaces, if such assignment is deemed necessary or appropriate by the Board, and each such space shall, during the time of such assignment, be limited in use to the Owner(s) and occupants of the Residential Unit to which such space is assigned. The assignment of particular outdoor parking, by the Board of Directors shall be as said Board determines. The Board of Directors may only assign or change such assignments of outdoor parking spaces on a reasonable basis. In making such decisions, the Board shall afford all Unit Owners affected written notice and an opportunity to be heard, and the Board shall base its decisions upon all relevant factors (relative sizes of automobiles, disabilities of individual Unit Owners, etc.)

(c) Each mailbox in the entranceway of the residential buildings is limited in use to the Owners and occupants of the Residential Unit to which such mailbox is assigned from time to time by the Board of Managers of the Condominium.

(d) The halls, basement (except storage areas which are limited in use as described below), stairs and stairwells in the residential buildings are restricted in use to the Owners of the Residential Units within each of the residential buildings.

(e) The land which located directly beneath the concrete pad supporting each air conditioning condenser is restricted in use to the Owners of the Residential Unit served by such air conditioning condenser.

(f) Each storage area in the basement of the residential buildings is limited in use to the owner of the Residential Unit to which such space is assigned by the Board of Managers of the Condominium.

Article VI
Alteration of Units or Common Elements

Section 6.01. Increases and Decreases in Size and Number of Units. Any Unit Owner or Owners shall have the right to divide or combine Units owned by such Unit Owner or Owners, so long as (i) the common interest appurtenant to such Units after such division or combination shall equal in total the common interest applicable to the Unit or Units divided or combined prior to such division or combination; (ii) the written consent of the Board of Managers is obtained pursuant to Sections 6.04 through 6.08 of this Declaration; (iii) such proposed division or combination is in all respects lawful under the terms and provisions of the Real Property Law of the State of New York in effect at the time of the division or combination, including Section 339-k or any corresponding provision of law which succeeds said Section; and (iv) such division or combination is in compliance with all governmental laws, codes, ordinances and regulations. Among the factors to be considered by the Board of Managers in determining whether or not to consent to such division or combination are adequacy of the size, shape and location of all Units after such division or combination, the structural soundness of the Building during and after the performance of the necessary improvements, and any other factors which may affect the appearance or value of the Building, or which are set forth in Section 6.04 hereof. The cost of any such division or combination shall be the sole responsibility of the Owner or Owners of the Units being divided or combined. Any such division or combination shall become effective upon the recording in the Erie County Clerk’s Office of an amendment to this Declaration (which amendment shall include, as appropriate, any necessary changes to the text of this Declaration and to any plot plan attached hereto), executed by the Board of Managers and by the Owners and mortgagees of the Unit or Units so divided or combined, together with the filing of floor plans of the Unit or Units as divided or combined with the certification by tax authorities of tax lot numbers conforming to the new Unit or Units. The provisions of this Section shall not apply to a Unit(s) owned by the Sponsor until such Unit is conveyed to a purchaser thereof (as long as any proposed improvements by the Sponsor comply fully with all governmental laws, codes, ordinances and regulations and the proposed improvements are lawful under the terms and provisions of the Real Property Law of the State of New York in effect at the time of the improvement), nor shall this Section be amended without the written consent of the Sponsor as long as the Sponsor owns any Units.

Section 6.02. No Other Additions or Structural Alterations to Units. No it Owner shall install any major appliance (except for one refrigerator, and in placement of any other appliance originally conveyed with the Unit by the Sponsor) without the prior written consent of the Board of Managers, which consent shall not be unreasonably withheld. A washing machine and clothes dryer may be installed within a residential Unit without the consent of the Board of Managers. No structural alterations hall be made to a Unit which would impair the structural soundness of any Unit or building or which would cause an adverse material effect on the exterior appearance or use of the Building in which the Unit is located without the written approval of the Board of Managers, obtained as provided in Sections 6.04 through 6.08 of this Declaration. This Section 6.02 shall not apply to additions or alterations made by the Sponsor (as long as any proposed improvements by the Sponsor comply fully with all governmental laws, codes, ordinances and regulations and the proposed improvements are lawful under the terms and provisions of the Real Property Law of the State of New York effect at the time of the improvement), nor shall this Section be amended without the written consent of the Sponsor as long as the Sponsor owns any Units.

Section 6.03. Alteration and Improvement of Common Elements.

(a) By Board of Managers: The Board of Managers shall have the right, at its option, to make or cause to be made such alterations and improvements to the common elements as, in its opinion, may be beneficial or necessary or which are requested in writing by a Unit Owner(s) and the holders of first mortgages thereon, subject however to the requirement that, if the alteration or improvement shall cost more than 15% of the then current estimated annual budget (including reserves of the Condominium), such alteration or improvement shall be approved by 67% in number and in common interest of the Unit Owners, voting at a meeting duly called pursuant to the By-Laws. Such expenses shall constitute common expenses. Alterations or improvements costing 15% or less of the Condominium’s then current estimated annual budget may be made by the Board of Managers and the cost thereof shall constitute a part of the common expenses. Before undertaking such work, the Board may require the consent in writing of such Unit Owners and the holders of first mortgages thereon, whose rights, in the sole opinion of the Board, may be prejudiced by such alteration or improvement. In all cases of alteration or improvement, the Board of Managers shall comply fully with all governmental codes, laws, ordinances and regulations, including the terms and provisions of the Real Property Law of the State of New York in effect at the time of the proposed alteration or improvement, including Section 339-k or any corresponding provision of law which succeeds said Section.

(b) By Unit Owners: No Unit Owner shall install any major appliance in the common elements or make any addition, alteration or improvement to the common elements (i) which would in any way violate any governmental law, code, ordinance or regulation (including the terms and provisions of the Real Property Law of the State of New York in effect at the time of the alteration or improvement, including Section 339-k or any corresponding provision of law which succeeds said Section), or (ii) without the prior written consent of any Unit Owners directly affected, and of the Board of Managers, obtained pursuant to Section 6.04 through 6.08 of this Declaration, provided however, that an Owner may install a washing machine and clothes dryer in the Residential Unit without the consent of the Board of Managers. When the alteration or improvement to the common elements is pursuant to a division or combination of Units requested by a Unit Owner(s) it shall be governed by Section 6.01 of this Declaration.

Notwithstanding the foregoing, the provisions of this Section 6.03(b) shall not apply to the Sponsor (as long as any proposed improvements by the Sponsor comply fully with all governmental laws, codes, ordinances and regulations and the proposed improvements are lawful under the terms and provisions of the Real Property Law of the State of New York in effect at the time of the improvement), nor shall this Section 6.03(b) be amended without the written consent of the Sponsor as long as the Sponsor owns any Units.

Section 6.04. Submission of Plans to Board of Managers; Approval. Any addition, alteration or improvement to the Units or common elements proposed by a Unit Owner(s) other than the Sponsor) pursuant to Sections 6.01 through 6.03 above shall require that a plan or plans therefor, in such form as the Board of Managers may require, be submitted to, reviewed and approved by the Board of Managers. The Board of Managers may charge and collect a reasonable fee for the examination of plans submitted for approval, including any fees which may be charged by architects, engineers or attorneys retained by the Board of Managers in connection with the review of such plans.

The Board of Managers may adopt simplified review procedures for any such additions, alterations or improvements which it shall deem minor or for which the submission of plans is not necessary.

The Board of Managers may disapprove such plans for any of the following reasons:

(a) failure of such plans to comply with any protective covenants, conditions and restrictions contained in the Declaration, By-Laws, Rules or Regulations;

(b) failure to include information in such plans as requested;

(c) objection to the site plan, exterior design, appearance or materials of any proposed improvements, including without limitation, colors or color scheme, finish, proportion, style of architecture, proposed parking;

(d) incompatibility of proposed improvements or use of proposed improvements with existing improvements or uses in the vicinity;

(e) failure of proposed improvements to comply with any zoning, building, health, or other governmental laws, codes, ordinances, rules and regulations, including the Real Property Law of the State of New York;

(f) any other matter which in the judgment and sole discretion of the Board of Managers would render the proposed improvements, use or uses inharmonious or incompatible with the general plan of improvement of the Condominium, including any possible adverse impact on the use and enjoyment of the Property by any other Unit Owner(s).

Upon approval or qualified approval by the Board of Managers of any plans submitted pursuant to this Section, the Board of Managers shall notify the applicant in writing of such approval or qualified approval, which notification shall set forth any qualifications or conditions of such approval, shall file a copy of such plans as approved for permanent record (together with such qualifications or conditions, if any), and, if requested by the applicant, shall provide the applicant with a copy of such plans bearing a notation of such approval or qualified approval. Approval of any such plans relating to the common elements or to any Unit shall be final as to such alterations, modifications or improvements and such approval may not be revoked or rescinded thereafter provided (i) that the improvements or uses shown or described on or in such plans do not violate any protective covenants, conditions or restrictions set forth in the Declaration, By-Laws or Rules and Regulations, and (ii) that such plans and any qualifications or conditions attached to such approval of the plans do not violate any applicable governmental law, rule or regulations, zoning, building, health or other code or ordinance, including the Real Property Law of the State of New York. Approval of any such plans shall not be deemed a waiver of the right of the Board of Managers to disapprove similar plans or any of the features or elements included therein if such plans, features or elements are subsequently submitted for use by other Unit Owner(s).

Section 6.05. Written Notification of Disapproval. In any case where the Board of Managers disapproves any plans submitted hereunder, the Board of Managers shall so notify the applicant in writing, together with a statement of the grounds upon which such action was based. In any such case, the Board of Managers shall, if requested and if possible, make reasonable efforts to assist and advise the applicant so that acceptable plans can be prepared and resubmitted for approval.

Section 6.06. Failure of Board to Act. If any applicant has not received notice from the Board of Managers, approving or disapproving any plans within 60 days after submission thereof, said applicant may notify the Board in writing of that fact. Such notice shall be sent by certified mail, return receipt requested. The plans shall be deemed approved by the Committee 15 days after the date of receipt of such second notice, if no decision is rendered by the Board within said 15-day period.

Section 6.07. Board of Managers’ Right to Promulgate Rules and Regulations. The Board of Managers may from time to time promulgate rules and regulations governing the form and content of plans to be submitted for approval or with respect to the approval or disapproval of certain types of alterations, modifications, or improvements to the common elements or Units; provided, however, that no such rule or regulation shall be deemed to bind the Board to approve or disapprove any plans submitted for approval, or to waive the exercise of the Board’s discretion as to such plans; and provided further that no such rule or regulation shall be inconsistent with the provisions of the Declaration, By-Laws, or any applicable governmental law, code, ordinance, rule or regulation.

Section 6.08. Applications for Permits; Insurance. Any application to any governmental authority to make an installation, addition, alteration or improvement to the common elements or any Unit shall be executed by the Board of Managers only; provided, however, that applications for any such installation, addition, alteration or improvement proposed by a Unit Owner pursuant to Sections 6.01 through 6.03 above shall be at the sole cost and expense of such Unit Owner; and provided further that this Article VI shall in no case be construed to result in the Board of Managers incurring any !ability whatsoever to any Unit Owner, contractor, subcontractor, materialmen, architect or engineer on account of such installation, addition, alteration or improvement proposed by a Unit Owner, or to any person having any claim for injury to person or property arising therefrom, and such Unit Owner agrees to indemnify and forever hold the Board harmless for any liability or expenses incurred by the Board in connection herewith, including attorneys’ fees.

In connection with any installation or work done by a Unit Owner, the Board f Managers may require that the Unit Owner obtain such insurance coverages and/or completion bonds, and in such amounts, as the Board of Managers deems proper. In the vent that the Board of Managers deems it necessary to expend funds either to complete work previously commenced by a Unit Owner or to otherwise protect the appearance, value or structural integrity of the Condominium, such amounts shall become a binding personal obligation of the Unit Owner involved and a lien against the Unit.

Section 6.09. Liability of Board of Managers. No action taken by the Board Managers or any member, subcommittee, employee or agent thereof, shall entitle any son to rely thereon, with respect to conformity with laws, regulations, codes ordinances, or with respect to the physical or other condition of any Building or other portion of the Property. Neither the Condominium, nor the Board of Managers, nor any ember, subcommittee, employee or agent thereof shall be liable to anyone submitting plans to them for approval or to any Unit Owner, or any other person, in connection with y submission of plans, or the approval or disapproval thereof, including without station, mistakes in judgment, negligence or nonfeasance. Every person or other entity submitting plans to the Board of Managers agrees, by submission of such plans, that no action or suit will be brought against the Condominium or the Board of Managers (or any member, subcommittee, employee or agent thereof) in connection with such submission.

Article VII
Easements

Section 7.01. 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 easements, as is reasonably necessary for such Unit Owner to maintain, repair and replace, as necessary, such Owner’s Unit including, if any, pipes, wires and conduits running from the meters or equipment servicing such Unit to the Unit. Each Unit Owner shall also 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 7.02. Access of Board of Managers. The Board of Managers, its agents, contractors and employees, shall have an easement and right of access to each Unit and to the common elements for the purpose of (i) making inspections; (ii) removing violations of the Declaration or By-Laws or Rules and Regulations of the Condominium therefrom; (iii) correcting any condition originating in a Unit and threatening another Unit or a common element; (iv) performing installations, alterations or repairs to the mechanical or electrical services or other common elements in a Unit or elsewhere; (v) correcting any condition which violates the provisions of any mortgage covering another Unit; (vi) making any maintenance or repair which pursuant to the By-Laws an Owner is required to make and which such Owner has failed to make after 10 days written notice; (vii) complying with any laws, orders, rules or regulations of any governmental body having jurisdiction thereof; or (viii) maintaining, repairing, or replacing the common elements or any pipe, wire, duct, cable (e.g., coaxial cable for cable television) conduit or utility line located in any Unit or the common elements and servicing two or more Units. 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. The rights of access are to be exercised (unless in an emergency) at reasonable hours and upon reasonable notice to the Unit Owner involved. In the case of an emergency, the right of access shall be immediate, regardless of the presence of the Unit Owner involved.

Section 7.03. Sponsor’s Easement for Marketing, Development and Improvement Purposes; Other Rights of Sponsor.

(a) The Sponsor reserves the right with respect to its marketing and/or construction of Units to 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, sewer and cable television to service the Units with respect to its marketing and/or construction of Units;

(b) The Sponsor reserves the right, with respect to its marketing and/or construction of Units; to use the common elements for the ingress and egress of itself, and prospective purchasers, including the right of such parties to park in parking spaces;

(c) The Sponsor reserves the right to connect with and make use of any utility lines, wires, pipes, conduits and related facilities located on the Property for the benefit of other adjacent lands owned by the Sponsor, its successors or assigns.

(d) The Sponsor reserves the right to grant to itself or to others such other easements and rights of way as may be reasonably needed for the orderly development of the Property.

With respect to its exercise of the above rights, the Sponsor agrees (i) to repair within a reasonable time any damage resulting, and (ii) to hold the Condominium harmless from all liabilities resulting solely from the Sponsor’s acts or omissions.

Section 7.04. 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 7.05. 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 7.06. Sponsor’s Consent. No provision of this Article VII may be amended without the written consent of the Sponsor (or its successors or assigns) as long as the Sponsor owns any Units or any lands adjacent to the Condominium Property.

Section 7.07. Parking Areas Subject to Easements and Designation. The use of parking spaces on the Property is subject to (i) easement for use by the owners and occupants of other dwelling 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., as the Charter Communities Association, Inc. deems appropriate or necessary, 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.

Section 7.08. Easements for Ingress and Egress to and from Other Chappelle Villas Areas. The owners and residents of other units in the Chappelle Villas area, i.e. Phase II as defined in the Charter Communities Declaration recorded in the Erie County Clerk’s Office in Liber 8705 of Deeds at page 71, and their guests, invitees and licensees, shall have an easement and right of way for ingress and egress over the roadways located on the Condominium Property to and from their units to the public highway.

Article VIII
Voting Rights

Section 8.01. Voting Rights Based on Interest in Common Elements. Each Unit Owner shall be entitled to vote on all matters put to a vote at all meetings of Unit Owners in accordance with the percentage interest of the Unit owned in the common elements of the Condominium.

Article IX
Common Charges – Allocation, Lien and Liability

Section 9.01. Allocation and Commencement of Common Charges. Except as otherwise permitted in this Article or the By-Laws, common expenses shall be charged by the Board of Managers to the Unit Owners according to their respective percentage interests in the common elements. The common profits of the Property, after offsetting the common expenses relating to the common elements and making due allowance for the retention of a reserve to cover future common expenses, shall be distributed among the Unit Owners in the same manner. Common charges shall commence on the date of recording of the first deed transferring title to a Unit.

Section 9.02. 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 any 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 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, to the extent permitted by law, 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, Town and School District taxing agencies and (b) all sums unpaid on any first mortgage of record encumbering any Unit.

A purchaser of a Unit shall be liable for the payment of unpaid common charges assessed against such Unit prior to such purchaser’s acquisition, except that a mortgagee or other purchaser who acquires title at a foreclosure sale, or an institutional mortgagee who acquires title to a Unit by a deed in lieu of foreclosure, shall not be liable for, and such Unit shall not be subject to, a lien for the payment of common charges against such Unit, and which became due prior to such acquisition of title. In such event, the unpaid balance of common charges shall be charged to all other Unit Owners as a common expense.

Except as provided above, in the case of 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. 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 applicable laws or the provisions of this Declaration and the By-Laws. The term “Institutional mortgagee” as used in this Article shall mean a bank, savings and loan association, life insurance company, pension trust, trust company or the Sponsor.

No Unit Owner may be exempt from liability for payment of common charges assessed against such Owner’s Unit by waiver of the use or enjoyment of any of the common elements or by the abandonment of his Unit. Dissatisfaction with the quantity or quality of maintenance furnished to the Property shall not be grounds for the withholding or failure to pay any common charge or special assessment.

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 E 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 Property, including the Buildings and parcel of land described herein shall be in accordance with the provisions of this Declaration and with the provisions of the Condominium By-Laws. bears to the total amount of such initial budget of estimated expenses
or, (iii) hire any

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, or any other Unit, 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, on (b) the Board of Managers shall purchase at a foreclosure or other judicial sale, or in any other manner acquire, 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 for Certain Actions Taken by Board of Managers. Notwithstanding anything to the contrary contained in this Declaration, until the closing of title to 50% of the Residential Units or until 2 years after the date of closing of title of the first Residential Unit, whichever is sooner, the Board of Managers may not, without the Sponsor’s written consent except for necessary repairs, (i) 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) hire any employee in addition to the employees, if any, provided for in the initial budget of the Condominium, except as may be necessary to maintain the quantity or quality of services or maintenance, or (iv) enter into any maintenance or service contract for work not provided for in the initial budget of the Condominium, or (v) borrow money on behalf of the Condominium or (vi) reduce the quantity or quality of services or maintenance of the Property. This Section shall not be amended without the written consent of the Sponsor as long as the Sponsor owns 50% or more of the Residential Units.

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 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 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 in good repair and overall appearance and shall keep patios and balconies limited to their use in a clean and neat condition.

Section 11.03. 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 11.04. 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 11.05. 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 11.06. Obligation to Maintain Utility Service. Regardless of whether the Residential Unit is occupied, the Owner thereof shall be obligated to maintain sufficient utility service to prevent damage to other Units or to the common elements, and to maintain a minimum heat level of 55° Fahrenheit at all times of the year. If such service is not maintained by the Owner, the Board of Managers shall have the right to immediately arrange for such service, upon such notice to the Owner as is practical under the circumstances and without notice in emergency situations. If such service must be arranged by the Board of Managers, any costs incurred shall be collectible in the same manner as common charges and shall constitute a lien on the Unit involved and a personal obligation of the Unit Owner(s).

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.

ARTICLE XII
AMENDMENT AND TERMINATION

Section 12.01. Amendment. Except as otherwise provided in this Declaration, this Declaration may be modified, altered, amended or added to at, or pursuant to a vote taken during a specified canvass period after any duly called meeting of Unit Owners provided that:

(a) Notice of the meeting containing a full statement of the proposed modification, alteration, amendment or addition, and the canvass period, if any, for voting on the amendment, has been sent to all Unit Owners and first mortgagees of Units as listed on the books and records of the Condominium at least 30 days and not more than 50 days prior to the date set for said meeting; and

(b) 67% 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 first mortgagees of 51% or more of the number of Residential Units subject to first mortgages as listed on the books and records of the Condominium; and

(d) An instrument evidencing the change is duly recorded in the Office of the Clerk of the County of Erie. 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 (or its successors and assigns) shall continue to own at least one Unit, but in no event later than five (5) years from the date of recording this Declaration, the Board of Managers obtains the Sponsor’s written consent to the change.

Section 12.02. Amendment by Sponsor to Correct Errors. Notwithstanding Section 12.01, the Sponsor, during the time it owns any Unit, may make amendments to this Declaration, consistent with the current provisions of the Condominium Act and this Declaration, to correct omissions or errors, which amendments shall not adversely modify substantial rights of any Unit Owner without such Unit Owner’s written permission. Such amendment(s) need only be signed by the Sponsor.

Section 12.03. Amendment for Filing of Supplemental Floor Plans. Notwithstanding Section 12.01 above, the Sponsor may execute and record Amendment(s) to this Declaration at any time until it no longer owns any Units for the purpose of filing supplemental floor plans of Units, as described in Real Property Law Section 339-p, and Section 4.02 of this Declaration. Such Amendment(s) need only be signed by the Sponsor, and attached thereto shall be the verified statement of a registered architect or licensed professional engineer as described in the aforementioned Sections of the Real Property Law and of this Declaration.

Section 12.04. Termination. The Condominium shall not be terminated or abandoned except as provided for by law. In addition to any requirement by law, termination shall require the consent of at least 67% of all Unit Owners in number and in common interest and the approval of first mortgage holders of at least 51% of the Units in number and common interest of all Units subject to mortgages as listed on the books and records of the Condominium.

Section 12.05. Expansion and Merger of Condominium with Other Condominiums.Nothing in this Declaration shall preclude the expansion of the Condominium to include other Residential Units, garages, recreational facilities and other amenities located on adjacent lands, or the merger of the Condominium with another condominium located on adjacent lands provided such expansion or merger is accomplished pursuant to the laws in effect at the time of such expansion or merger. Notwithstanding anything to the contrary which may be contained in this Declaration, any expansion or merger which results in a single condominium shall mean that all reference herein to Condominium shall be deemed to mean and refer to the condominium after expansion or merger and all references to the Board of Managers of the Condominium shall mean and refer to the Board of Managers of the Condominium resulting from such expansion or merger.

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 the Chappelle Villas Condominium B, 210 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 be 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 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, situated 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 Skinnersville Road 24.75 feet north of a point on the south line of Lot 75, which point on the south line is 350 feet easterly, as measured along said south line, from the southwest corner of said Lot; thence easterly along the north line of Skinnersville Road 140.00 feet; thence along the perimeter of 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) south 89° 49′ 09″ east 330 feet to the true point or place of beginning;

thence North 00° 10′ 51″ east 250 feet;

thence South 89° 49′ 09″ east 535 feet to the center line of Ellicott Creek;

thence southerly and southeasterly along the center line of Ellicott Creek to a point on the west line of lands described in deed recorded in the Erie County Clerk’s Office in Liber 3544 of Deeds at page 164;

thence southerly along said west line of lands described in said deed recorded in Liber 3544 of Deeds at page 164, 79.32 feet;

thence south 89° 25′ 51″ west 155.12 feet;

thence north 00° 34′ 09″ west 150 feet;

thence north 43° 24′ 43″ west 7.5 feet;

thence south 89° 25′ 51″ west 234 feet;

thence north 000 57′ 10″ east 111.18 feet;

thence south 29° 16′ 43″ west 269.45 feet;

thence south 89° 20′ 51″ west 70.82 feet;

thence north 00° 10′ 51″ east 49.92 feet to the true point or place of beginning.

SCHEDULE B
DESCRIPTION OF THE BUILDINGS

There are two two-story residential buildings, with one building containing 16 residential garden-apartment type units and a basement, and the other containing 12 residential garden-apartment type Units and a basement.

The foundation of these buildings is poured concrete. The exterior walls are of wood stud construction. The roofs are plywood covered with Nord Bitumi single ply polyester roofing system coated with aluminum asphalt coating on flat areas and 3 in 1 235 lb. roofing shingles over 15 lb. felt at Mansard areas. Walls between apartment units are of concrete block or stud construction. Finish walls and ceiling are of gypsum wall board. The exterior of the buildings are 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 or double wall insulated.

Schedule C to Declaration
Chappelle Villas B

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*
19 Bristol Drive	A B	Lower Upper	1265	5/2	3.752	1-2-4-5 1-3-4-5
21 Bristol Drive	A B	Lower Upper	1265	5/2	3.752	1-2-4-5 1-3-4-5
22 Bristol Drive	A B	Lower Upper	1265	5/2	3.752	1-2-4-5 1-3-4-5
24 Bristol Drive	A B	Lower Upper	1265	5/2	3.752	1-2-4-5 1-3-4-5
26 Bristol Drive	A B	Lower Upper	1265	5/2	3.752	1-2-4-5 1-3-4-5
27 Bristol Drive	A B	Lower Upper	1265	5/2	3.752	1-2-4-5 1-3-4-5
28 Bristol Drive	A B	Lower Upper	1265	5/2	3.752	1-2-4-5 1-3-4-5
29 Bristol Drive	A B	Lower Upper	1265	5/2	3.752	1-2-4-5 1-3-4-5
30 Bristol Drive	A B	Lower Upper	1265	5/2	3.752	1-2-4-5 1-3-4-5
32 Bristol Drive	A B	Lower Upper	1265	5/2	3.752	1-2-4-5 1-3-4-5
15 Bristol Drive	A B	Lower Upper	840	5/1	3.12	1-2-4-5 1-3-4-5
17 Bristol Drive	A B	Lower Upper	840	5/1	3.12	1-2-4-5 1-3-4-5
23 Bristol Drive	A B	Lower Upper	830	4/1	3.12	1-2-4-5 1-3-4-5
25 Bristol Drive	A B	Lower Upper	830	4/1	3.12	1-2-4-5 1-3-4-5
	*Code	1-Interior hallway	2-Patio	3-Balcony	4-Storage area	5-Building vestibule

Schedule D

See the map showing location of complex.