This declaration made this 12th day of December, 1986, by Wild Boys Land & Cattle Co., Inc., an Alabama Corporation, herein called "Developer", for itself, its successors, grantees and assigns.
Whereas, Wild Boys Land & Cattle Co., Inc., is the fee simple owner of those certain parcels of land situated in the County of Madison, State of Alabama, hereinafter more particularly described, and intended to improve said lands in the manner hereinafter described; and,
Whereas, Developer proposed to establish a condominium which shall be known as "Madison Towne Centre Condominiums"; and,
Whereas, Madison Towne Centre Condominiums will consist of 326 units, plus additional annexations, together with the access and common facilities hereinafter described; and,
Whereas, the condominium will be created by the recording of this Declaration which may be amended by Developer without requiring the approval or consent of any of the unit owners.
Now, therefore, Wild Boys Land & Cattle Co., Inc., hereby makes the following declaration as to the division to which said real estate and improvements thereon may be put, hereby specifying that said Declaration shall constitute covenants to run with the land and shall be binding upon Developer, its successors and assigns, and all subsequent owners of all or any part of said real estate and improvements, together with their grantees, successors, heirs, executors, administrators, devisees or assigns.
The purpose of this Declaration is to submit the real estate hereinafter described and the improvements to the constructed thereon to the condominium form of ownership and use in the manner provided by the "Condominium Ownership Act", Section 35-8-1, et seq., Code of Alabama, 1975, as amended.
The name by which this condominium is to be known and identified is Madison Towne Centre Condominiums.
The lands owned by Developer which are hereafter submitted to the condominium form of ownership are the following described lands situated, lying and being in the County of Madison, State of Alabama, to-wit:
Madison Towne Centre Condominiums, Section A, Stone Meadow Village, Phase I-A
<Very long narrative property description omitted; if needed, refer to printed Declaration>
Madison Towne Centre Condominiums, Section A, Stone Meadow Village, Phase II-A
<Very long narrative property description omitted; if needed, refer to printed Declaration>
As to the above described property, Developer reserves for itself, its successors, assigns, grantees and invitees, two (2) non-exclusive rights-of-way thirteen (13) feet in width for use as ingress and egress. Said rights-of-way shall be used solely to service and provide access to the subject property.
The post office address of said land is 301 Sunset Boulevard, Madison, Alabama 35758.
The terms used herein and in the By-Laws shall have the meanings stated in the Condominium Ownership Act of Alabama, and as follows:
1) Annexation Without Approval of Membership. As the owner thereof, or if not the owner, with the consent of the owner thereof, Developer shall have the unilateral right, privilege and option, from time to time at any time until January 1, 1995, subject to the provisions of this Declaration and the jurisdiction of the Association all or any portion of the real property described in Exhibit "B" entitled "General Narrative Description of Property", which is attached hereto and incorporated herein by reference, or any additional adjacent or contiguous property, including residences as may be constructed thereon, by filing in the Madison County, Alabama Records an amendment annexing such property, subject to prior written approval of the Veterans Administration. Such amendment to this Declaration shall not require the vote of the members. Any such annexation shall be effective upon the filing for record of such amendment unless otherwise provided therein. Developer shall have the unilateral right to transfer to any other person the said right, privilege and option to annex additional property which is herein reserved to Developer, provided that such transferee or assignee shall be the developer of at least a portion of said real property described herein which at the time of such transfer and assignment (or contemporaneously therewith) is subjected to the provisions of this Declaration. Any provision to the contrary notwithstanding, the maximum number of residence units which may be located on said real property described herein which is subject to the provisions of this Declaration and jurisdiction of the Association shall not exceed 1000 unless the members of the Association agree thereto.
2) Annexation with Approval of Membership. Subject to the consent of the owner thereof, upon affirmative vote of a majority of the members of the Association present or represented by proxy at a meeting duly called for such purpose, the Association may annex real property other than that described herein by filing in the Madison County, Alabama Records an amendment annexing such property.
Easements are reserved throughout the condominium property as may be required for utility service in order to adequately serve the condominium; provided, however, such easements to a unit shall be only in accordance with the plans and specifications for the building or as the buildings are constructed unless approved in writing by that unit owner. Each unit owner shall have an easement in common with the owners of all other units to use all pipes, wires, ducts, cables, conduits, public utility lines and other common elements located in any of the other units and serving his unit. Each unit shall be subject to an easement in favor of the owners of all other units to use the pipes, ducts, cables, wires, conduits, public utility lines and other common elements serving such other units and located in such unit. The Association shall have a right of access to each unit to inspect the same, to remove violations therefrom, and to maintain, repair or replace the common elements contained therein or elsewhere in any building.
8. Improvements And Principal Materials of Which Constructed
Improvements constructed or to be constructed upon the land hereinbefore described will include and will be limited to a total of 1000 units. The buildings will be reinforced concrete slabs, or block formation, and will be of wood frame throughout. Each unit will be equipped with range, oven, disposal, dishwasher, central heating and air conditioning. The condominium will also include access areas and lawn areas.
The common elements of the condominium will include the common areas and facilities located substantially as shown upon the site plan which said plan is identified in Exhibit "A" hereto attached and by reference made a part hereof. Such facilities will include the following improvements:
There are no limited common elements.
The private elements of the condominium are those reserved and set aside to each unit for the exclusive possession, use and ownership by the owner of such unit as set forth on the site plan attached hereto as Exhibit "A". The consist of the following:
1) Patios. The concrete areas commonly known as "patios" directly to the rear of, adjacent and contiguous to each unit, shall be a private element reserved to such unit.
2) Parking Spaces. Those areas reserved for each unit as shown on attached Exhibit "A" shall be a private element reserved to each unit.
1) Patios. The concrete areas commonly known as "patios" directly to the rear of, adjacent and contiguous to each unit, shall be a private element reserved to such unit.
2) Parking Spaces. Those areas reserved for each unit as shown on attached Exhibit "A" shall be a private element reserved to such unit.
3) Land. That portion of the real estate reserved by plat for each unit and set forth on attached Exhibit "A" shall be a private element reserved to such unit.
1) Patios. The concrete areas commonly known as "patios" directly to the rear of, adjacent and contiguous to each unit, shall be a private element reserved to such unit.
2) Deck. The decks adjacent or contiguous to each unit, shall be a private element reserved to the unit to which it lies immediately adjacent.
3) Parking Spaces. Those areas reserved for each unit as shown on attached Exhibit "A" shall be a private element reserved to such unit.
Each unit shall include that part of the structure containing the unit which lies within the boundaries of the unit, which boundaries shall be determined in the following manner:
1) Horizontal Boundaries. The upper and lower boundaries or each unit shall be:
a) Upper Boundary - The outer surface of the roof.
b) Lower Boundary - The surface of the ground.
2) Perimetrical Boundaries. The perimetrical boundaries shall be the outer surface of the wall to the outer surface of the wall except where a common wall exists, in which instance the perimetrical boundaries shall be to the center of the shared wall.
1) Horizontal Boundaries. The upper and lower boundaries or each unit shall be:
a) Upper Boundary - The outer surface of the roof.
b) Lower Boundary - The surface of the ground.
2) Perimetrical Boundaries. The perimetrical boundaries shall be the outer surface of the wall to the outer surface of the wall.
1) Horizontal Boundaries. The upper and lower boundaries or each unit shall be:
a) Upper Boundary - The horizontal plane of the undecorated finished ceilings, extended to intersections with the perimetrical boundaries.
b) Lower Boundary - The horizontal plane of the undecorated finished floors, extended to intersections with the perimetrical boundaries.
2) Perimetrical Boundaries. The perimetrical boundaries of the unit shall be the vertical planes of undecorated finished interior of the walls bounding the unit extended to the intersections with each other and with the upper and lower boundaries. When there is attached to the building a balcony, deck, porch, canopy, stairway or other portion of the building serving only the unit being bounded, the perimetrical boundaries shall be extended to include the intersection vertical planes adjacent to and which include all of such structures and fixtures therein.
An owner of an Attached Unit (Waters Edge) or a Cluster Home Unit (Stone Meadow) shall not be deemed to own the studs, wall board and structural components of the perimeter walls and/or load-bearing walls, nor the windows and doors bounding the unit. An owner of such units, however, shall be deemed to own and shall have the exclusive right and duty to repair and maintain, paint, repaint, tile, wallpaper or otherwise finish and decorate the surfacing materials of the floors of his unit, and all window screens and windows and door glass; and all appurtenant installations, including all pipes, ducts, wires, cables and conduits used in connection therewith, for services such as power, light, telephone, sewer, water, heat and air conditioning, whether located in the boundaries of the unit of in common areas, which are for the exclusive use of the unit; and all ceilings and partitions (non load bearing walls). An owner shall have the exclusive right and duty to wash and keep clean the interior and exterior surfaces of windows and doors bounding his unit.
An owner of a Patio Home Unit (Millstone/Brookstone) shall be deemed to own the total unit and shall have the exclusive right and responsibility to maintain and repair his unit.
The description and location of the particular units and appurtenances thereto are determined with the aid of the site and floor plans therefore, as set out in paragraph 6.A, hereinbefore, and as follows:
a) Units Numbered. Each unit is assigned a number or letter which is indicated on the site plan hereto attached.
b) Changes. The Developer reserves the right to change the interior design and arrangement of all units owned by it. The Developer further reserves the right to alter the boundaries between units which said change shall be reflected by an amendment of this Declaration which may be executed by the Developer alone, notwithstanding the proceedings for an amendment described in paragraph 31 of this declaration. However, no such change of boundaries shall increase the number of units or alter the boundaries of the common elements with amendment of this Declaration in the manner described in paragraph 31 of this Declaration.
15. Determination of Percentages of Ownership in Common Elements, Common Expenses and Common Profits
The common profits shall be distributed among, and the common expenses shall be charged to the unit owners according to the percentages of the undivided interests of the respective units in the common elements of their respective villages. For purposes of percentage interest in the common elements, common expenses and common profits, each unit owner's percentage shall be based on the ratio of the square footage of floor area of the family unit(s) which he owns to the total square footage of floor space of all family units within his respective village in the condominium.
If any portion of the common elements now encroaches upon any unit, or if any unit now encroaches upon any other unit or upon any portion of the common elements, as a result of the construction of any building, or if any such encroachment shall occur hereafter, a valid easement for the encroachment and for the maintenance of the same so long as such building stands shall exist. In the event any building, any unit, any adjoining unit, or any adjoining common element, shall be partially or totally destroyed as a result of fire or other casualty or as a result of condemnation or eminent domain proceedings, and then rebuilt, encroachments of parts of the common elements upon any unit or of any unit upon any other unit or upon any portion of the common elements, due to such rebuilding, shall be permitted, and valid easements for such encroachments and the maintenance thereof shall exist so long as such building shall stand.
17. Units Subject to Declaration, By-Laws and Rules and Regulations
All present and future owners, tenants and occupants of units shall be subject to, and shall comply with the provisions of this Declaration, the By-Laws, the Rules and Regulations, and the Regulatory Agreement as they may be amended from time to time. The acceptance of a deed or conveyance of the entering into of a lease or the entering into occupancy of any unit shall constitute the agreement that the provisions of this Declaration, By-Laws, the Rules and Regulations, and the Regulatory Agreement as they may be amended from time to time, are accepted and ratified by such owner, tenant and occupant, and all of such provisions shall be deemed and taken to be covenants as such provisions were recited and stipulated at length in each and every deed or conveyance or lease thereafter.
Each owner shall be entitled to the exclusive ownership and possession of his unit.
The responsibility for the maintenance of the condominium property shall be as follows:
1) Cluster Home Units (Stone Meadow)
a) By the Association. The responsibility of the Association shall be as follows:
i) To maintain, repair and replace all portions of a unit, except interior surfaces and surfacing materials, contributing to the support of the building, which portions shall include, but not be limited to, the outside walls of the building and all fixtures thereon; and boundary walls of units, floors, load-bearing columns and load-bearing walls.
ii) To maintain, repair and replace all conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility services which are contained in the portions of a unit maintained by the Association, and all such facilities contained within a unit which service part or parts of the condominium other than the unit within which contained.
iii) To repair all incidental damage caused to a unit in the performance of any of the foregoing work.
b) By the Unit Owner. The responsibility of the unit owner shall be as follows:
i) To maintain, repair and replace all portions of his unit except the portions to be maintained, repaired and replaced by the Association. Such shall be done without disturbing the rights of other unit owners.
ii) Not to paint or otherwise decorate or change the appearance of any portion of the exterior of the building.
iii) To maintain and replace all exterior glass doors and windows of his unit.
iv) To maintain, repair and replace all hearing, air conditioning, utility and mechanical equipment, and all sewer and water lines; including all pipes, ducts, wires, cables and conduits used in connection therewith, which are for the exclusive use of his unit, whether or not located within the boundaries of his unit.
v) To promptly report to the Association any defect or need for repairs, the responsibility for the remedying of which is that of the Association.
c) Alteration and Improvement. Neither the unit owner nor the Association shall make any alterations in the portions of a unit or building, or remove any portion thereof, or make any additions thereto, or do any work which would jeopardize the safety or soundness of the building, or impair any easement without first obtaining approval in writing of the owners of all other units concerned and the approval of the Board of Directors of the Association.
2) Patio Home Units (Millstone/Brookstone)
a) By the Association. The responsibility of the Association shall be as follows:
i) To maintain the landscaping in front of the building and the lawn throughout unless restrained by a fenced area, in which instance the Association shall bear no responsibility for maintenance.
b) By the Owner. The responsibility of the unit owner shall be as follows:
i) To maintain, repair and replace all portions of his unit.
ii) To obtain the approval of the Association prior to erection of a fence along the private elements reserved for his unit. In the event of the erection of a fence, the unit owner shall continue to pay the monthly condominium fees assessed by the Association even though the Association shall bear no responsibility for maintenance of the Unit as set forth in paragraph 19A(2)(a)(i) above.
iii) Not to paint or otherwise decorate or change the appearance of any portion of the exterior of the unit, including the fence, without the prior approval of the Board of Directors of the Association. Decisions of this nature shall be made at the total discretion of the Board of Directors.
iv) To maintain, repair and replace all hearing, air conditioning, utility and mechanical equipment, and all sewer and water lines, including all pipes, ducts, wires, cables and conduits used in connection therewith, which are for the exclusive use of his unit, whether or not located within the boundaries of his unit.
v) To promptly report to the Association any defect or need for repairs, the responsibility for the remedying of which is that of the Association.
3) Attached Units (Waters Edge)
a) By the Association. The responsibility of the Association shall be as follows:
i) To maintain, repair and replace all portions of a unit, except interior surfaces and surfacing materials, contributing to the support of the building, which portions shall include, but not be limited to, the outside walls of the building and all fixtures thereon; and boundary walls of units, floors, load-bearing columns and load-bearing walls.
ii) To maintain, repair and replace all conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility services which are contained in the portions of a unit maintained by the Association, and all such facilities contained within a unit which service part or parts of the condominium other than the unit within which contained.
iii) To repair all incidental damage caused to a unit in the performance of any of the foregoing work.
b) By the Unit Owner. The responsibility of the unit owner shall be as follows:
i) To maintain, repair and replace all portions of his unit except the portions to be maintained, repaired and replaced by the Association. Such shall be done without disturbing the rights of other unit owners.
ii) Not to paint or otherwise decorate or change the appearance of any portion of the exterior of the building.
iii) To maintain and replace all exterior glass doors and windows of his unit.
iv) To maintain, repair and replace all hearing, air conditioning, utility and mechanical equipment, and all sewer and water lines; including all pipes, ducts, wires, cables and conduits used in connection therewith, which are for the exclusive use of his unit, whether or not located within the boundaries of his unit.
v) To promptly report to the Association any defect or need for repairs, the responsibility for the remedying of which is that of the Association.
c) Alteration and Improvement. Neither the unit owner nor the Association shall make any alterations in the portions of a unit or building, or remove any portion thereof, or make any additions thereto, or do any work which would jeopardize the safety or soundness of the building, or impair any easement without first obtaining approval in writing of the owners of all other units concerned and the approval of the Board of Directors of the Association.
a) By the Association. The maintenance and operation of the common elements shall be the responsibility and the expense of the Association.
b) Alteration and Improvement. After the completion of the improvements included in the common elements which are contemplated by this Declaration, there shall be no alteration or further improvement of common elements without prior approval in writing of fifty-one (51%) percent of the votes of the unit owners, and the approval in writing of all mortgagees who are the holders of mortgages comprising first liens on the units so approved; provided, however, that the initial cost of and subsequent cost of maintenance of any alteration or improvement of the common elements bearing the approval in writing of unit owners entitled to cast fifty-one (51%) percent of the votes in the Association, and the approval in writing of all mortgagees who are the holders of mortgages comprising first liens on the units of such approving unit owners, shall be borne by all of the owners of family units in proportion to their percentage interest as set out in paragraph 15 herein. There shall be no change in the share and rights and obligations of a unit owner in the common elements which are altered or further improved.
The maintenance and operation of the private elements shall be the responsibility and the expense of the unit owners.
The making and collection of assessments against unit owners for common expenses shall be pursuant to the By-Laws and subject to the following provisions:
In a voluntary conveyance of a family unit the grantee of the unit shall be jointly and severally liable with the grantor for all unpaid assessments by the Association against the latter for his share of the common expenses up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefore. However, any such grantee shall be entitled to a statement from the manager or Board of Directors of the Association, as the case may be, setting forth the amount of unpaid assessments against the grantor due the Association, and such grantee shall not be liable for, nor shall the family unit conveyed be subject to, a lien for any unpaid assessments made by the Association against the grantor in excess of the amount therein set forth.
Where the mortgagee of a first mortgage of record or other purchaser of a family unit obtains title to the unit as a result of foreclosure of the first mortgage, such acquirer of title, his successors and assigns, shall not be liable for the share of the common expenses or assessments by the Association chargeable to such family unit which became due prior to the acquisition of title to such family unit by such acquirer. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the family units including such acquirer, his successors and assigns.
In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment, applicable to that year only, provided that any such assessment shall have the assent of fifty-one (51%) percent of the votes of the unit owners who are voting in person or by proxy at a meeting duly called for this purpose. The said lien for non-payment of special assessments shall have priority over all other liens and encumbrances, recorded or unrecorded, except only (1) a tax lien on the unit in favor of the State, the County, any municipality and any special district, and (2) all sums unpaid on a first mortgage of record, including any sum which the mortgagor is obligated to pay under the terms of the promissory note or mortgage, including, but not limited to, attorney's fees.
The operation and administration of the condominium shall be the Association of the unit owners, pursuant to the provisions of the Condominium Ownership Act of Alabama, which said Association shall be incorporated by Articles of Incorporation recorded in the Office of the Judge of Probate of Madison County, Alabama.
The Association shall make available to unit owners, lenders and the holders, insurers and guarantors of the first mortgage of any unit, current copies of the Declaration of Condominium, By-Laws and other rules and regulations governing the condominium, and other books, records and financial statements of the Association. Current copies of the Declaration, By-Laws and other rules and regulations shall be available for inspection at a reasonable time, upon request upon an officer of the Association under reasonable circumstances.
Insurance (other than title insurance) which shall be carried upon the condominium property and the property of the unit owners shall be governed by the following provisions:
1) Casualty. All buildings and improvements upon the land and all personal property comprising the condominium property shall be insured with a company with a Best's rating of A+AAA or better in an amount sufficient to avoid application of a co-insurance clause, but not more than the maximum insurable replacement value, without deduction for depreciation, excluding foundation and excavation costs, as determined annually by the Board of Directors of the Association. For the purpose of the terms and provisions hereof relating to insurance, condominium property shall be deemed to include, but not necessarily be limited to, all kitchen cabinets, pantries, sinks, fixtures, bathroom lavatories, vanities and fixtures. Provision shall be made for the issuance of certificates of mortgage endorsements to the mortgagees of unit owners. Such coverage shall afford protection against:
i) Loss or damage by fire and other hazards covered by a standard extended coverage endorsement; and
ii) Such other risks as from time to time shall be customarily covered with respect to buildings similar in construction, location and use as the buildings on the land, including, but not limited to, vandalism and malicious mischief.
2) Public Liability in such amounts and with such coverage as shall be required by the Board of Directors of the Association.
3) Workmen's Compensation policy, if needed to meet the requirements of the law.
4) Fidelity bond insurance shall be required in an amount equal to at least 150% of the estimated annual operating expenses of the Condominium Association, including reserves, and shall be required to cover any person(s) or entities handling funds of the association.
5) Flood Insurance. If the condominium property should become located within a flood zone, then flood insurance shall be obtained by the Association.
6) Such other insurance as the Board of Directors of the Association shall determine from time to time to be desirable.
1) Provide that the liability of the insurer thereunder shall not be affected by, and that the insurer shall not claim any right of setoff, counterclaim, apportionment, proration, or contribution by reason of any other insurance obtained by or for any unit owner.
2) Contain no provision relieving the insurer from liability for a loss occurring while the hazard to such building is increased, whether or not within the knowledge of control of the Association, or because any breach of warranty to condition or any other act or neglect by the Association or any unit owner or any other persons under either of them.
3) Provide that such policy may not be cancelled (whether or not requested by the Association) except by the insurer giving at least thirty (3) days' prior written notice thereof to the Association, the fee owner, mortgagee and every other person in interest who shall have requested such notice of the insurer.
4) Contain a waiver by the insurer of any right of subrogation to any right of the Association, or either against the owner or lessee of any unit.
5) Contain a standard mortgagee clause which shall:
i) Provide that any reference to a mortgagee in such policy shall mean and include all holders of mortgages of any unit, whether or not named therein;
ii) Provide that such insurance as to the interest of any mortgagee shall not be invalidated by any act or neglect of the Association or unit owners or any persons under any of them;
iii) Waive any provision invalidating such mortgage clause by reason of the failure of the mortgagee to notify the insurer of any hazardous use or vacancy, any requirement that the mortgagee pay any premium thereon, and any contribution clause; and
iv) Provide that such policy cannot be cancelled or the coverage reduced unless prior written notice is furnished all mortgagees at least thirty (30) days prior to such cancellation or reduction.
26. Reconstruction or Repair After Casualty
In the event of the damage or destruction of all or part of the property, then, unless it is determined by a vote of one hundred (100%) percent of the Association not to repair or reconstruct such damaged or destroyed property, the following provisions shall apply:
1) Common Areas and Facilities. If the damaged improvement is a common area or facility, the damaged property shall be reconstructed, replaced or repaired.
2) Building
i) Partial Destruction. If the damaged improvement is part of a building, the damaged property shall be reconstructed or repaired.
ii) Total Destruction. If a building is so damaged that the same is untenantable, the building shall be reconstructed.
3) Plans and Specifications. Any such reconstruction or repair must be substantially in accordance with the plans and specifications for the original building, or as the building was last constructed, or according to plans approved by the Board of Directors of the Association and the mortgagees of any affected units, which approval shall not be unreasonably withheld.
1) Association. The proceeds of insurance collected on account of a casualty, and the same deposited with the Association from collection of assessments against the unit owners on account of such casualty, shall constitute a construction fund which shall be disbursed in payment of the costs of reconstruction and repair in the following manner:
i) Unit Owner. The portion of insurance proceeds representing damage for which the responsibility of reconstruction and repair lies with the unit owner shall be paid by the Insurance Trustee to the unit owner, or if there is a mortgagee endorsement, then to the unit owner and the mortgagee jointly. However, no funds shall be paid to a unit owner until bills incurred for the repair or reconstruction of such unit have been fully paid.
ii) Association - Lesser Damage. If the amount of the estimated costs of reconstruction and repair which are the responsibility of the Association is less than the total of annual assessments for recurring expenses to be made during the year in which the casualty occurs, then the construction funds shall be disbursed in payment of such costs upon the order of the Association; provided, however, that upon request to the Insurance Trustee by a mortgagee which is a beneficiary of an insurance policy the proceeds of which are included in the construction funds, such funds shall be disbursed in the manner hereafter provided for the reconstruction and repair of major damage.
iii) Association - Major Damage. If the amount of estimated costs of reconstruction and repair which are the responsibility of the Association is more than the total of annual assessments for recurring expenses to be made during the year in which the casualty occurs, then the construction funds shall be distributed in payment of such costs in the manner required by the Board of Directors of the Association.
iv) Surplus. It shall be presumed that the first monies disbursed in payment of costs of reconstruction and repair shall be from insurance proceeds; and if there is a balance in a construction fund after payment of all costs of the reconstruction and repair for which the fund is established, such balance shall be distributed to the beneficial owners of the fund in the manner elsewhere herein provided. In the event any unit owner entitled to receive any such funds is delinquent in the payment of any assessment to the Association or the mortgagee of such unit, such funds shall be paid first to the Association and such mortgagees.
The use of the property of the condominium shall be in accordance with the following provisions:
1) Acceptable Pets. The only pets to be permitted on the condominium property shall be dogs under fifty (50) pounds when fully grown, cats, small birds and fish.
2) It shall be the responsibility of the new unit owner to pay for any and all costs involved in restoring to the original new condition any damage caused to the condominium property by the unit owner's maintenance of a pet.
3) A unit owner shall be financially responsible for any personal injury or personal property damage caused to any other unit owner, tenant, guest, employee of the Association, or to any member of the public as a result of the unit owner's maintenance of a pet.
4) Pets must be carried in arms or on a leash when taken in and out of the building.
5) Pets shall not be permitted in the public rooms under any circumstances. Pets must not be curbed near the buildings, walkways, shrubbery, pool area, gardens, planting areas, open areas or other public space, and pets must be walked off the condominium property.
6) Guests, tenants and visitors of a unit owner shall not be permitted to bring any pets onto the condominium property.
7) The Board of Directors may, upon its sole determination, revoke or terminate the above conditional license if a pet is either vicious or is annoying other unit owners or occupants, or is otherwise a nuisance.
Each unit owner shall be governed by and shall comply with the terms of the condominium regulations as they may be amended from time to time. A default shall entitle the Association or other unit owners to the following relief in addition to the remedies provided by the Condominium Ownership Act:
A. Negligence. A unit owner shall be liable for the expense of any maintenance, repair or replacement rendered necessary by his act, negligence or carelessness or by that of any member of his family or his or their guests, employees, agents or lessees, but only to the extent that such expense is not met by the proceeds of insurance carried by the Association. Such liability shall include any increase in fire insurance rates occasioned by use, misuse, occupancy or abandonment of a unit of its appurtenances.
B. Cost and Attorney's Fees. In any proceeding arising because of an alleged default by a unit owner, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorney's fees as may be awarded by the Court.
C. No Waiver of Rights. The failure of the Association or any unit owner to enforce any covenant, restrictions or other provisions of the Condominium Ownership Act, this Declaration, the By-Laws or the Rules and Regulations, shall not constitute a waiver of right to do so thereafter.
D. Remedies of Unit Owner. The Association shall be governed by and shall comply with the terms of the condominium documents and regulations as they may be amended from time to time. Each unit owner may exercise any and all remedies available under the laws of the State of Alabama and under the condominium documents and regulations to enforce such compliance.
30. Covenant Against Partition
There shall be no judicial or other partition of the project or any part thereof, nor shall Developer or any person acquiring any interest in the project or any part thereof seek any such partition unless the property has been removed from the provisions of the Condominium Ownership Act, as in said Act provided.
This Declaration of Condominium may be amended in the following manner:
1) Notwithstanding any other provisions herein contained, for so long as the Developer continues to own any of the units, the Developer reserves the unrestricted right to sell, assign or lease any unit which it continues to own after the recording or filing of this Declaration, and to post signs on the condominium property. Developer may not lease or rent any unit for a period of less than thirty (30) days. Further, Developer shall be exempt from liability for contribution toward the common expenses for unsold units.
2) Developer shall relinquish all special rights, expressed or implied, through which the Developer may directly or indirectly control, direct, modify or veto any action of the Association, its Board of Directors or a majority of unit owners, and control of the Association shall pass to the owners of units within the project not later than the earlier of the following:
i) One hundred twenty (120) days after date by which seventy-five (75%) percent of the units have been conveyed to unit purchasers; or
ii) Five (5) years from the date on which the Declaration was recorded.
3) Until such time as the relinquishment of rights and control by the Developer takes place in accordance with paragraph (b) above, the following additional provisions shall be deemed to be in full force and effect:
i) The developer reserves the right to amend the By-Laws of the Association, and/or the Declaration, subject to the prior written approval of the Veterans Administration; and
ii) The Directors of the Association shall be elected as provided in the By-Laws, and such Directors as may be so designated need not be unit owners.
iii) Notwithstanding any other provisions herein contained, Developer may not amend the Declaration without prior written approval of the Veterans Administration.
4) The Developer shall furnish a warranty to each initial purchaser of a unit warranting that such unit has been constructed in a good and workmanlike manner. Any repairs resulting from defective materials or workmanship shall be at Developer's expense if the unit owner furnishes written notice of such defects within one (1) year from date of possession or closing of sale, whichever occurs first.
The By-Laws of Madison Towne Centre Condominium Association, Inc., a copy of which is attached hereto as Exhibit "C" and incorporated herein by reference, may be amended in the following manner:
For the purpose of voting on all matters requiring action by the owners, each unit owner shall have one vote for each family unit which he owns. Where a single, or multiple, units are owned by more than one person or entity, the joint owners shall collectively case one vote for each unit owned.
The condominium may be terminated in the matter provided by the Condominium Ownership Act; provided, however, that in the event of termination, each unit shall be subject to the payment of a share of the common expenses as heretofore defined.
In the event of condemnation of all or a portion of the condominium property, the disposition of proceeds of the award shall be governed by the following provisions:
Upon written request to the Owner's Association, identifying the name and address of the holder, insured or guarantor and the unit estate, number and address, any such eligible mortgage holder, or any eligible insured or guarantor, will be entitled to timely written notice of:
The invalidity in whole or in part of any covenant, or restrictions, or any section, subsection, sentence, clause, phrase or word, or other provision of this Declaration of Condominium and the By-Laws of the Association shall not affect the validity of the remaining portions thereof.
In Witness whereof, the said Wild Boys Land & Cattle Co., Inc., an Alabama Corporation, has caused this instrument to be executed by its President, and attested by its Secretary, who are duly authorized, and its corporate seal to be affixed hereto, on this the 12th day of December, 1986.
Wild Boys Land & Cattle Co., Inc.
<signed, President Sue-Ellen Hathaway and Vice-President John Hathaway>
I, the undersigned, a Notary Public, in and for said County and State, hereby certify that Sue-Ellen I. Hathaway and W. John Hathaway, whose names as President and Vice-President, respectively, of Wild Boys Land & Cattle Co., Inc., an Alabama Corporation, are signed to the foregoing Instrument and who are known to me acknowledged before me on this day that being informed of the contents of the Instrument, they as such Officers and with full authority executed the same voluntarily for and as the act of said Corporation on the day the same bears date.
In witness whereof, I have hereunto set my hand and seal this 12th day of December, 1986.
<signed and sealed> Notary Public
Editors note: In a very few instances, text has been added to this transcription to improve readability; specifically, the names of individual villages. All such text, which does not appear in the official Declaration, is displayed in this dark green color.
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