Condo Documents: Article 8 | Atlantic Palace Condominium Association

R. 2-16-87

MASTER DEED CREATING AND ESTABLISHING

THE ATLANTIC PALACE, A CONDOMINIUM

THIS MASTER DEED, made this 19^th day of February, 1987, by RESORT DEVELOPMENT CORPORATION, a Delaware Corporation(Developer), with offices at P.O. Box 11496, Columbia, South Carolina, 29211, and with local offices at 2727 Boardwalk at Iowa, Atlantic City, New Jersey, 08401.

W I T N E S S E T H:

WHEREAS, Developer is the owner in fee simple of all that certain lot, tract and parcel of land situated, lying and being in the City of Atlantic City, County of Atlantic and State of New Jersey,bounded and described in Exhibit A attached hereto and made a parthereof by this reference thereto (hereinafter, the Propertyä); and

WHEREAS, Developer intends to establish and create a condominium form of ownership of the Property, together with improvements to be constructed, in accord and with and subject to the Condominium Act, R.S. 46:8B-1, et seq. (hereinafter, the Condominium Act), under the name of The Atlantic Palace, a Condominium (hereinafter The Condominium);

NOW, THEREFORE, Developer does hereby submit the Property to the provisions of the Condominium Act, and hereby publishes its plan for the division of the Submitted Property and the imposition of conditions, restrictions, reservation, thereof, and Developer hereby specifies that his Declaration of Condominium and the declarations herein shall constitute convenants, conditions, reservations, and restrictions which shall run with the Submitted Property and shall bind and inure to the benefit of the Developer, its successors and assigns and all subsequent owners of any interests in the Submitted Property, their grantees, successors,
heirs, executors, administrators, legatees and/or assigns.

ARTICLE VIII

Use, Occupancy and Maintenance

1. Residential Units are for the use of Residential Unit owners, their guests, tenants, licenses, invitees and other occupants. Anything in this Master Deed or in the By-Laws to the contrary notwithstanding, there shall be no restrictions on the right of a Residential Unit Owner to lease or rent the Unit as otherwise allowed by law provided that all of the occupants. Tenants, licensees and invitees of the Residential Unit Owner shall be subject to all of the other provisions of this Master Deed and the By-Laws.

2. Use of the Common Elements is restricted to Unit Owners, and their guests, tenants, licensees, invitees and other occupants; provided, however, that the use of the recreational amenities is restricted to Residential Unit owners, and their guests, tenants, licensees, invitees, and other occupants.

3. Every occupant, tenant and other user of a Residential Unit shall have the same rights and privileges as a Residential Unit Owner with regard to use of the Common Elements.

4. Except as authorized by the Board of Trustees of the Association in writing, no Residential Unit may be used for the Conduct of any commercial enterprise provided that this paragraph shall not restrict the right of a Residential Unit Owner to lease or rent his Unit.Ê No Residential Unit owner shall post any advertisement or posters of any kind, except as authorized in advance by the Association.

5. No Common Elements other than those described and assigned to a Unit may be used for any type of storage of any Unit Ownerâs property, nor may the Common Elements or Limited Common Elements be obstructed by any act of a Unit Owner, except for those areas specifically designated by the Association as storage areas.

6. The Unit Owners, regardless of the type of Unit, shall not cause or permit any clothes, sheets, blankets or laundry of any kind or other articles to be hung or displayed on the outside of windows or placed on the outside walls or balconies or the Building and no signs, awnings, grills, balcony enclosure canopies, shutter or radio or television antennas shall be affixed or placed upon the exterior walls or roof of any part thereof without the prior written consent of the Association.

7. No Unit Owner shall make any modifications or alterations within his Unit affecting bearing or support walls or other Common Elements without the prior written approval of the Board of Trustees of the Association and all holders of first mortgage liens.Ê Any application to a municipal authority for a permit to make an addition, alteration or improvement in or to a Unit shall be executed only by the Association or by its authorized representatives, without, however, incurring any liability on the part of the Association to any contractor, subcontractor or material man by reason of such addition, alteration or improvement or to any person having any claim for injury to person or damage to property arising therefrom.Ê All permit fees shall be the responsibility of the Unit owner and any request by a Unit owner for approval pursuant thereto shall be deemed to constitute his agreement to indemnify and save the association harmless from and against all liability, claims or expense in connection with the subject matter of such request. The provisions of this section shall not apply to Units owned by the Developer until such Units have been initially sold and conveyed by the Developer.

8.Trash must be placed in trash chutes and containers in the designated locations on each floor.

9.No radio or television antenna of any type, nor any air conditioning unit, flood light or any other equipment or appurtenance or any wiring for any purpose may be installed on the exterior of the building or protrude through the walls, windows or roof without the prior written consent of the Board of Trustees of the Association.

10. The balconies shall be used only for the purposes intended and shall not be used for hanging garments or other objects, or for cleaning r4ugs or other household items or for storage of the Unit Ownerâs personal property.

11. The handing of awnings, garments, rugs or other personal property in the windows or from any portion of the facade of the building is absolutely prohibited.

12. No dogs, cats or any pets whatsoever are permitted without the prior written consent of the Association.

13. No Unit Owner or occupant may make or permit any disturbing noises, nor do or permit anything to be done by any persons, which will interfere with the rights, comforts or convenience of other Unit Owners or occupants.

14. No Unit Owner or occupant may play or allow to be played any musical instrument, phonograph, radio or television set in his Unit between the hours of 11:00 p.m. and 8:00 a.m.Ê if the same shall disturb or annoy other Unit Owners or occupants of the Condominium.

15. No Unit Owner or occupant shall build, plant, or maintain any matter or thing upon, in, over, under the Common Elements without the prior written consent of the Board of Trustees of the Association.

16. No Unit Owner shall have any right to paint or otherwise decorate or change the appearance of any portion of the exterior of the Building without the prior written consent of the Board of Trustees of the Association.

17. No noxious or offensive activity shall be carried on, in or upon the Common Elements or in any Unit, nor shall anything be done therein either willfully or negligently which may be or become an annoyance or nuisance to the other residents of the Condominium.

18. No improper, offensive or unlawful use shall be made of any Unit, and all valid law, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed.

19. Nothing shall be done to any Unit, or on or in the Common Elements, which will impair the structural integrity of the Building or which will structurally change the Building.

20. The Unit Owner shall not engage in any activity or keep anything in any Unit or in or upon the Common Elements which will increase the rates of insurance or result in cancellation of insurance to the Condominium.

21. All draperies, blinds, curtains or other window coverings installed or maintained on any window of a Unit shall be white or off-white in color, or contain lining of material in a white or off-white color.

22. Each Unit Owner shall have the right to mortgage or encumber his Unit, provided that such mortgage or encumbrance is made to an Institutional Mortgage Lender, as defined above, or to the immediate predecessor in title of the Unit.

23. All property taxes, special or added assessments and other charges imposed by any taxing authority are to be separately assessed against and collected from each Unit as a single parcel, as provided in the new Jersey Condominium Act.

24. Each Unit Owner shall pay for his own telephone and other utilities, if any, which are separately metered or billed to each user by the respective utility company and/or cable and satellite television.Ê Any utilities which are not separately billed or metered shall be treated as Common Expenses.

25. No unit may permit the temperature in his Unit to fall below 50 degrees Fahrenheit.Ê In the event that the temperature in any Unit falls below 50 degrees Fahrenheit, the Association shall have the right to enter the Unit and to make such repairs or adjustments as are necessary to cause the Unit to be maintained at a temperature of 50 degrees Fahrenheit or greater.Ê All such repairs to expenses or adjustments shall be at the expense of the Unit Owner.

26. The Unit Owner is responsible to promptly report to the Association any defect or need for repairs, the responsibility for which is that of the Association.Ê Except as herein provided, no member or group of members or group of members shall build, paint or maintain any matter or thing upon, over or under the General and Limited Common Elements except with the prior written consent of the Board of Trustees, nor shall any member place trash, garbage or excess material of any kind on, in, or about the Common Elements.

27. Each Unit owner shall promptly furnish, perform and be responsible for, at his own expense, all of the maintenance, repairs and replacements as may be required for the functioning of the air conditioning and hearing systems and the plumbing which are a part of and/or appurtenant to such Unit and for the bringing of water and electricity to such Unit.Ê Maintenance, repairs and replacements of the refrigerators, ranges and other electrical appliances and plumbing fixtures of any such Unit shall additionally be at said Unit Ownerâs sole expense.Ê Maintenance repairs and replacements of the General and Limited Common Elements shall be furnished by the Association and charged to all Unit Owners as a Common Expense.Ê The Association may provide by its rules and Regulations for ordinary maintenance and minor repairs and replacements to be furnished to any type of Unit by Association personnel or representatives and charged as a Common Expense.

28. If, due to the negligent act or omission of or misuse by a Unit Owner, or a member of his family or of a guest or other authorized occupant or visitor of such Unit Owner, damage shall be caused to the General or Limited Common Elements or to a Unit(s) owned by others, or maintenance, repairs or replacements shall be required which would otherwise be a Common Expense, then such Unit Owner shall pay for such damage and be liable for any damages, liability, costs or expenses including attorneyâs fees, caused by or arising out of such circumstances and such maintenance, repairs and replacements to the General and Limited Common Elements or the Units.

29. The Association shall have the power to promulgate such Rules and Regulations as may be necessary to carry out the intent of these use restrictions, and shall have the right to bring law suits to enforce the Rules and Regulations promulgated by the Association. The Association shall further have the right to levy fines for violations of these Rules and Regulations, provided that the fine for a single violation may not, under any circumstances, exceed Twenty-five ($25.00) Dollars and may not be imposed without at least ten (10) days prior notice to the Unit owner of said violation and the opportunity therein for such Unit Owner to be heard by the Board prior to the imposition of any fine or be cure said violation. Each day that a violation continues after notice shall be considered a separate violation. Any fine so levied shall be considered as a charge to be levied against the particular Unit owner involved and collection may be enforced by the Association in the same manner as the Association is entitled to enforce collection of Common Expenses.

30. The Association shall retain a passkey to each Unit. No Unit Owner shall alter any lock or install a new lock on any door leading into the Unit of such Owner without the prior written consent of the Association.Ê If such consent is given, the Unit Owner shall provide the Association with a key for the use of the Association.

31. No more than one (1) vehicle for each Residential Unit may be parked in the Condominiumâs garage facilities without the consent of the Association, its managing or other agent.

32. In the event that utility service to any Commercial Unit is not separately metered but is connected to the central utility system of the building, then such Commercial Unit shall be responsible for and shall pay to the Association, on a monthly basis, an amount equal to its prorate share of the utility costs attributable to the Commercial Unit on a square footage basis.

TABLE OF CONTENTS

EXHIBITS

Use, Occupancy and Maintenance