Chappelle Villas Condominium C Declaration

The original Chappelle C documents were dated June 3, 1982. They were replaced with those restated on June 1, 1984.

Chappelle Villas Condominium C is made up of 24 units, in 2 buildings. The first or ‘west’ building consists of 136, 138, 140, 142, 144, and 146 Charter Oaks Drive. The second or ‘east’ building consists of 10, 12, 14, 16, 18, and 20 Bristol Drive.

The Chappelle Villas Condominium C Declaration appears on pages 127 – 154 of the new Chappelle Villas Condominium C Blue Book. The Declaration along with the By-Laws define how the Chappelle C Condominium is to be organized and run.

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

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
• 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

Establishing Chappelle Villas Condominium C

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 C” 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. Buildings. The “Buildings” as hereinafter referred to are:

a. the structures containing residential dwelling units known as 136-146 Charter Oaks Drive and 10-20 Bristol Drive, and

b. the structure containing garages.

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

Article IV
Units

Section 4.01. Number and Address of Units. There are 24 residential apartment Units, hereinafter sometimes referred to as the “Villas” and 13 garage Units, hereinafter sometimes referred to as the “Garage Units” or the Garages” (the Villas and the Garages hereinafter sometimes together referred to as the “Units”). The Villas are designated by number and letter. The Garages are designated by number. The Villas have 136, 138, 140, 142, 144 and 146 Charter Oaks Drive and 10, 12, 14, 16, 18 and 20 Bristol Drive as their address. First floor Villas have the suffix “A” and second floor Villas have the suffix “B”.

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 (all except the percentage interest in the common elements being 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). Annexed hereto and made a part hereof as Schedule D is a plot plan showing the designation and location of the Units within the Buildings.

Section 4.03. Dimensions of Units. Each Villa 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 Villa up to the exterior surface of the sheetrock forming the ceiling of the Villa. Doors, windows and interior walls which abut a Villa area part of the Villa. The patios adjoining the Villas located on the first floor and the balconies adjoining the Villas located on the second floor are limited common elements restricted in use to the owner of the Villa to which such patio or balcony abuts.

Each Garage Unit is measured horizontally from the interior surface of the outside rear sidewall to the plane formed by the extension of the interior facing of the innermost stud adjoining wood pilasters or wood mullions which separate garage doors and the interior header of the top surface of the wood facie above the garage door, and from side to side from the centerline of the plane formed by the extension of the centerlines of the vertical studs between garages except that those sides of garages which form the exterior of a Building shall be measured to the interior facing of the stud and brick veneer sidewall. The garage door, including all mechanical parts and hardware, shall be part of the Garage Unit. Each Garage Unit shall be measured vertically from the lower surface of the concrete forming the floor of the garage up to the interior surface of the plywood sheeting and stud rafters forming the roof of the garage.

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.

Each Garage must be owned by the owner of a residential dwelling unit in the area commonly known as “Chappelle Villas,” the legal description of such area being 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, and no such owner may own more than one Garage. Any conveyance of a Garage to an owner who already owns a Garage shall be deemed absolutely null and void.

Section 4.05. Use of Units. Except as permitted pursuant to Section 6.63 below, each Villa shall be used for residential purposes only.

Each Garage shall be used for the parking of automobiles and other motor vehicles and for the storage of personal property and household items.

This right shall not be taken away by an amendment to this. Declaration without the Sponsor’s written consent.

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: (i) all land within the boundaries of the Condominium property; (ii) the foundations, columns, girders, beams and supports; (iii) all exterior and perimeter walls of Units, roofs, halls, stairs, stairwells, basements (including storage areas) and the entrances and exits of the Buildings; (iv) all utility or other pipes, wires, conduits and other material which are not part of the Units and not owned by public utility companies or independent authorities; (v) the parking areas, driveways, roadways, grass areas, sidewalks and fences; (vi) the patios, balconies and mailboxes; and (vii) 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 or normally in common use.

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 each of the separate classifications of Units having an equal percentage of interest in the common elements as follows:

Each Villa having floor space of 810 square feet has a 3.42 per cent interest.

Each Villa having floor space of 1154 square feet has a 4.88 per cent interest.

Each Garage has a 0.48 per cent interest

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 to this Declaration.

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:

1. 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 he 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 except as permitted by Section 5.05 below, 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 independent authority or for other public purposes consistent with the intended use of the common elements) without the consent of (i) Unit Owners having a majority in the aggregate of common interest 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 D), the following portions of the common elements are restricted in – use to the specified Unit Owners:

1. Each balcony or patio which abuts a Villa is irrevocably restricted in use to the Owners of the Villa abutting, such balcony or patio.

2. Each storage area in the basement of the Buildings containing Villas is limited in use to the Owner of the Villa to which such space is assigned by the Board of Managers of the Condominium.

3. Each mail box in the Buildings containing Villas is irrevocably limited in use to the Owners of the Villa to which such mailbox is 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) subject to such space being assigned for use by a specific unit owner from time to time by the Board of Directors of the Charter Communities Association, Inc., if the Board of Directors of the Charter Communities Association, Inc. determines such assignment to be appropriate or necessary (see Section 6.06 of this Declaration).

5. The halls, basement (except storage areas which are limited in use as provided above), stairs and stairwells of each Building containing Villas are restricted in use to the Owners of Villas in the Building.

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

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 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 Unit Owner shall install any appliance without the prior written consent of the Board of Managers, which consent shall not be unreasonably withheld. No structural alterations shall 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 value 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 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 6.03 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 is 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 5% of the then current estimated annual budget (including reserves), such alteration or improvement shall be approved by more than two-thirds 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 less than 5% 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 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 Sections 6.04 through 6.08 of this Declaration. 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 therefore, 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 or 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 disqualified 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 any any qualifications or conditions attached to such approval of the plans do not violate any applicable governmental law, rule or regulation, 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, 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 of the Board of Managers approving or disapproving any plans Declaration 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 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 regulations 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 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 liability 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 therewith, including reasonable attorneys’ fees.

In connection with any installation or work done by a Unit Owner, the Board of 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 event 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 of Managers or any member, subcommittee, employee or agent thereof, shall entitle any person to rely thereon, with respect to conformity with laws, regulations, codes or 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 member, 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 any submission of plans, or the approval or disapproval thereof, including without limitation, 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 he 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 7.02. Access of Board of Managers. The Board of Managers, its agents, contractors and employees, shall have a right of access to each Unit (i) to inspect the Unit, (ii) to remove violations from the Unit, (iii) for maintenance, repair or improvements to any pipes, wires, ducts, cables, conduits and utility’ lines located in any Unit and servicing two or more Units, (iv) to make repairs to the Unit to prevent damage to the common elements or to any other Unit or (v) to abate any violation of any law, ordinance, statute or rule of any governmental authority having jurisdiction thereof. 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 7.03. 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 11 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 wax 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 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 for 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 not more than four Villas and any Garages to which title has not been transferred or with respect to which the Sponsor has permission from the owner, as a model or as a sales or rental center and to have prospective purchasers and lessees of Units anywhere in the Chappelle Villas community visit such sales center or for the storage of supplies and equipment 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 its 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) to hold the Condominium harmless from all resulting liabilities.

Until the Sponsor has completed the construction, marketing and sale of all Units in the Chappelle Villas community as identified above, this Section shall not be rescinded or amended to adversely affect the interest of the Sponsor, without the Sponsor’s written consent.

Section 7.04. Easement for Encroachments. 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. 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 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 7.07. 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

Section 9.01. Allocation of Common Charges. Except as otherwise permitted in this Section, the common expenses shall be charged by the Board of Managers to the Unit Owners, according to their respective common interest 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. Assessments against the Unit Owners shall be made and approved by the Board of Managers and shall be paid by the Unit Owners pursuant to the By-Laws of the Condominium. Notwithstanding the above, the Board of Managers may elect to specially allocate and apportion expenses between the owners of Villas and the owners of Garages, based on the special or exclusive availability or use or control thereof by such Villa Owners or Garage Owners, as the case may be, of the common elements to which such expenses have been applied.

Section 9.02. 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, to the extent allowed by law, 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 institutional mortgage of record encumbering any Unit. (“Institutional mortgage” is defined in Section 8.03 below.) 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 9.03. 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, or a Purchase money mortgage recorded with the deed at the time of acquisition of the Property.

Section 9.04. 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, by the abandonment of his Unit by claiming the quantity or quality of services are not worthy of such payment or, are not as were contemplated by such Unit Owner at the time of purchase. 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 9.05. 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 9.06. 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 9.07. 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, 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.

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 D 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. The Board of Managers shall have the responsibility for the maintenance, repair, replacement, management, operation and use of the common elements and shall have the right to delegate its duties to a manager or agent.

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 he 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 Units having an aggregate interest in the common elements of 25% or more, but in no event later than two (2) 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, or (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 td 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 storage area restricted in use to such Unit Owner in good repair and overall appearance.

Section 11.03 Obligation to Maintain Utility Service. Regardless of whether the Residential Unit is occupied, the owner therof shall be obligated to maintain sufficient utility service to prevent damage to other Units or to the common elements. 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 11.04. 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 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 Units having an aggregate of 10% or more of the interest in the common elements, 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 Amendment for filing of Supplemental Floor Plans. Notwithstanding the foregoing, 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 to be signed by the Sponsor, and attached thereto shall be the verified statement of a registered architect or licensed professional engineer described in the aforementioned Sections of the Real Property Law and of this Declaration.

Section 12.03. Termination. The Condominium shall not be terminated or abandoned except as provided for by law.

Section 12.04. Expansion of Condominium or 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 merger or expansion which results in a single condominium shall mean that all reference hereto 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 Chappelle Villas Condominium C, 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 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 Chappelle Villas Condominium C Property
(Chappelle Villas Condominium C)
Parcel I (west parcel)

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 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 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;
thence along a continuation of the last described course South 89° 49′ 09″ East 330.0 feet;

thence South 00° 10′ 51″ West 49.92 feet;

thence South 89° 20′ 51″ West 164.18 feet;

thence South 00° 39′ 09″ East 111.56 feet to the north line of lands comprising Charter Oaks Condominium;

thence South 89° 20′ 51″ West along the north line of lands comprising the Charter Oaks Condominium 167.48 feet;

thence North 000 10′ 51″ East continuing along the perimeter of lands of the Charter Oaks Condominium 166.29 feet to the true point or place of beginning.

Parcel 2 (east parcel)

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 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 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) north 89° 20′ 51″ East 367.48 feet to the true point or
place of beginning.

thence North 00°39’09” West 50.76 feet; thence North 29° 16’43” East 339.60 feet; thence South 00°57’10” West 111.18 feet; thence South 00°34’09” East 155.50 feet; thence South 89°25’51” West 11.65 feet; thence South 00°39’11” East 78.45 feet;

thence South 89°20’51” West 154.55 feet to the true point or place of beginning;

Schedule B
Description of the Buildings

There are two two-story residential buildings each 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.

There is one garage building containing 13 garages, each of which is a separate unit in the condominium.

The foundation of the garage building is poured concrete. The exterior walls are of wood stud construction covered by wood or brick veneer siding. The pitched wood is plywood with 15 lb. felt underlayment and 3-in-1 235 lb. roofing shingle.

Schedule C to Declaration
Chappelle Villas Condominium C

Schedule D to Declaration

PLOT PLAN SHOWING DESIGNATION AND LOCATION OF UNITS IN RELATION TO ONE ANOTHER WILL BE SIMILAR TO PLOT PLAN AT END OF OFFERING PLAN. See map for details.