HIGHLAND LOFTS CONDOMINIUM ASSOCIATION, INC.

MASTER DEED (rec. 10/2/98; BK 5561, PG 543, et seq.) (Deed Book

Pages are out of order because they were recorded out of order)…………………………………1

LEGAL DESCRIPTION………………………………………………………………………….2

BY-LAWS………………………………………………………………………………………...3

SURVEY / SITE PLAN / FLOOR PLANS………………………………………………………4

PERCENTAGE OF INTERESTS………………………………………………………………..5

AMENDMENT TO THE MASTER DEED AND BY-LAWS (rec. 8/20/20;

Instrument #2020080171)………………………………………………………………………..6
- Master Deed – Paragraph 7 – ADR
- By-Laws – Art. VI, Sec. 8(e) - Leasing
- By-Laws – Art. VII, Sec. 1(A) - Leasing
- By-Laws – Art. IV, Sec. 2(d) – Rules and Regulations / Fines
C:\Users\swarga\ND Office Echo\VAULT-I5MDTO94\INDEX TO GOV DOCS 0519.21 4825-6782-4106 v.1.docx

4831-3894-2956, v. 1
4831-3894-2956, v. 1
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MASTER PEEP

HIGHLAND LOFTS CONDIMINUM

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Record AMRetuM To:

Francis J. Giantomasi
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292 Lafayette Street
Newark, New Jersey 07105
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(201) 589-0085
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HIGHLAND LOFTS CONDOMINIUM Ci'--
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Article Title Eass BSpI

1. Submission of Property to the Condominium
Act 1

.... 1
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2. Definition of Terms
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3. Description ofUnit..

4. Ownership and Use of Common Elements

2

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5. Common Expenses

5 * .
6. Association Board of Trustees Voting

5
7. Inteipretation and Disputes BUI mmMmmmmm,
8. Parking Facilities..

9. Mortgaging of Unit
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6
10. Property Taxes, Assessments and Charges IflfilS
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II. Utilities
6
12. Insurance
6
13. Maintenance, Repairs and Replacements

14. Decorating
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7
.......
15. Alterations, Additions and Improvements
...7
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16. Encroachments
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17. Sale or Lease or Other Disposition of Units

IS. Remedies
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19^ Amendments
...8 a il*
vi. : WXXX:
20. Notices

21 . Severability
....8 IWSSM^^M
22. Partition
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23. Rights and Obligations
8

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24. Ratification, Confirmation and Approval of Agreeme

25. Eminent Domain ....

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26. Gender..
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27. Miscellaneous
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28. Method to Terminate
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MASTER DEED
' " ' 1| . ;
350 SCOTLAND ROAD, L.L.C., a New Jersey Limited Liability Company, having
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offices at 877 Broad Street, in the City of Newark, County of Essex and State of New
Jersey, hereinafter referred to as the Grantor, does hereby make, declare and publish this
Master Deed made this day of October 1998
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1- SUBMISSION OF PROPERTY OT THE CONDOMINIUM ACT- The
Grantor hereby submits the Parcels, as hereinafter defined, to the provisions of the
;
Condominium Act of the State of New Jersey (N.J.S.A. 46:8B-1 si asp, as amended). The
'
Condominium property shall be known as "HIGHLAND LOFTS CONDOMINIUM."

2. DHFTNTTTON OF TERMS: As used herein, the following terms shall have the if®#
meaning hereinafter set forth:
mm
Residential Condominium Unit: A part of the Building designed
I , i I
and intended for independent use as a private dwelling (except as
otherwise permitted by this Master Deetj or the By-Laws) consisting of (a)
the interior walls and partitions which are contained within the private
dwelling, and (b) the inner decorated and/or finished surfaces of the
perimeter walls, doors, floors, ceilings, and inner surfaces of windows,
;
11
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including dry-wall, paint, wallpaper, etc. contained in the dwelling as

shown on the Survey, but shall not mean any part of the Common
Elements situated within the Condominium Units (e.g. pipes, ducts, wires,
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conduits and other facilities running through any interior wall or partition vA
for the furnishing of services to other Condominium Units or to the
Common Element and any structural elements of the Building). i
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Association: HIGHLAND LOFTS CONDOMINIUM
ASSOCIATION, INC. a New Jersey not for profit, non-stock membership
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corporation formed under the Corporations and Associations Not For
Profit Act of the State of New Jersey, comprised exclusively of Unit
I
Owners to effect the administration, management, maintenance, repair and.
replacement of the Condominium Property pursuant to the Condominium
Act, this Master Deed and the By-Laws.

Building: The buildings and improvements constructed on the

Parcels are shown on the Survey. The buildings consist of two 2-story and
one 3-story attached masonry structure with a paved eight-car parking
area.

Bv-Laws: The By-Laws of the Association, a true copy of which

is annexed hereto and made a part hereof as Exhibit "B".
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othei
W dominium Properly
All purls of the Con
t I'iniimii 1-1 luncnls: tire
i" Common Elements
Unit. Specifically iho
ihiin ihc Condominium lobby and also as more
ing lot, and entrance
.

. mete r room , park

roofs. Ivalls
Act.
d in the Condominium
specifically designate
ir
m I; - Common Expenses
: As defined in Artic
le 5.
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of the State of New

The Condominium Act
Condominium Act:
-B I si Sfifl.. as ame nded).
"•ft pr Jersey (N..I.S.A. 46:8
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[4 ings, including
p The Parcels and the Build
Condominium Property:
&
1 ihc Residential Condom
inium Unit s.

areas whose use is

;li Limited Common Elem
ents: Those common
the
::1 i limned to the owne
rs of a spec ific unit. The parking area and
for the
f. tly bene ath Unit 107, to be designated
direc
basement space located n in Exhibit "C" here
of
er of Unit 107, show
L exclusive use of the own
hereto
in Exhibit "A" annexed
Parcels: The real estate described
;1i .unl made a pan here
of.
im ership, trustee or othe
r
a l, corporation, partn
Person: An individua
ing title to real property.
of hold
legal entity capable

For each Unit, the

P or Prop
Pan ortionately:
Proportionate ents as set
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percentage interest of
each respective Unit
hereof.
in the Common Elem

4 forth on Exhibit "D"

Property,
& Survey; The plans or surv
eys of the Condom
inium
of as Exhibit "C".
_

to and make a pan here

which are annexed here
- .rS inium Unit, together
with such Unit
A Residential Condom
M Owner's
Unit.
proportio nate undi vide d percentage interest
in the Common

-m- Elements
C ons whose estates
or interest
: The person or pers
fc- lute ownership of a
or colle ctive ly aggr egate fee simple abso
individually de the Grantor unles
s
er docs not inclu
Unit The term Unit Own "Any specified
ided in the appl icable sentence,
specifically prov
percentage, etc." aggregate,
owners who, in the

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Any specified perc
own such specified
entage of Unit Own
ers shall mean those

percentage of Units.
n ITNIT : The Legal desc
ription of each unit shall
consist of
M 3 DESCRIPTION OF Survey. Every deed
, lease, mortgage
m I. :he identifying num
ber of such Unit as
shown on the
Unit as indicated in
the preceding sente
nce and
r or other instrument
may legally describe
a
t for all purposes
as provided in
good and sufficien
L n shall be deemed
201 ,202,203,204.205
,
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every such descriptio
With regard to units
num bers 101,107,
use of
the Condominium Act. unit is the exclusive
the ownership of each
and 305 together with h is a limned common
207 ,302,303,304 appended hereto whic
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•i'.; one parking space as
delineate d on the Surv ey

element
IV ELEMENTS: ihc propomonjic
USE OF COMMON
OV/NFRSHIP AND
4 in Exhibit "D"
Elements is set forth
.
er in the Com mon
B. undivided interest of
each Unit Own
Own er shall have the right
to use the
of. Each Unit
m
& annexed hereto and mad
e a part here
othe r Unit Owners in accordan
ce with the
: in common with all
the Unit
Common Elements s shall extend to
"i-,!
intended. Such right
for which they are other authorized
reasonable purposes te fami ly and guests and
bers of the imm edia s
Owner and the mem Elements and the right
The use of the Common
of the Unit Owner. the provisions
occupants and visitors l be subje ct to and governed by
to shal
with respect there rules and regulations
of
of the Unit Owners and the By-Laws and
m of the Condominium
Act, this Master Deed
l have the authority
shal
to lease or grant
licenses or
The Association
ihe Association
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concessions with respect to the
Common Elements subject to
the provisions of this Mater
Deed and the By-Laws of the
Association.

Every Unit Owner, his successor

and assigns, shall have the follow
ing perpetual easement: m
(a) A non-exclusive easement,
in, upon, over, under, across and
through the Common m
Elements to keep, maintain, use,
operate, repair and replace his -1
Unit in its original
position and in every subsequent
forces of nature and the eleme
position to which it changes by reason
of the gradual &
nts; and
®£.
A
(b) An exclusive easement for the
existence and continuance of any
encroachment by his
Unit upon any adjoining Unit or
upon any Common Element, now &
may come into existing or which
existence hereafter as a result of constr
uction, reconstruction, repair, '
shifting, settlement or movement
of any portio
n of the Building or a Unit, or as
of condemnation or eminent domai a result
n proceedings, so that any such
encroachment may M
remain undisturbed so long as the -
Building stands; and

(c ) A non-exclusive easement
for ingress and egress to his Unit
in, upon, under, over,
across and through the General
Common Elements; and
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(d) An exclusive easement to use
and enjoy the surfaces of the main
windows or doors therein), ceiling
walls, (including any 3
s and floors contained within m
his Unit; and 'Hi
(e) A perpetual casement in comm
on with the Owners of all other
wires, ducts, cables, conduits, public
Units to use all pipes,
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General Common Elements located
utility lines, television, master
antenna and other (aH
in any of the other Units and servin •-
g his Unit; and

(f) A perpetual and non-exclusive

easement in, over and through the
General Common & m
Elements of the Condominium
and to use the driveways, walks
and other common -
1"
facilities within the Condominium mm •£
subject to the right of the Board
to:

(i) promulgate Rules and Regul

ations for the use and enjoyment
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r
thereof; and
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(ii) suspend the enjoyment and
voting rights of any Unit Owne
r for any period during
which any assessment for Comm i;
which any infraction of its publis
on Elements remains unpaid, or
hed Rules and Regulations continu
for any period during I if.
r-
es, it being
understood that any suspension
for either non-payment of any ' $
of the Rules and Regulations of
the Association shall not consti
assessment or a breach 3til
discharge of the Unit Owner's
obligation to pay assessment.
tute a waiver or m
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.
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The sponsor, its successors and
assigns, shall have the follow
ing easements:
m
A blanket and non-exclusive
casement in, upon, through, under
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Elements for the purpose of constr
and across the Common .:eS if
uction, installation, maintenance
improvements to the Units or the and repair of any
Common Elements, for ingress
and egress for the use of
Common Elements, and for the
utilization of existing and future
model Units for rental and
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sales promotion and exhibition,
until the expiration of sixty (60) I; IS
months from the date the
last Unit is sold and conveyed in
the normal course of business,
i
ten (10) years from the date of
recording of the Master Deed.
but in no event more than 4
Such blanket and
nonexclusive easement shall also
extend to the right to use the existin 9
g management office
and portions of the lobby, all of which shall be withou
shall extend to employees of Spons
or to use the
t cost to the Sponsor. Such right
Common Elements and to do
all things
S
A I r,
necessary or appropriate to sell
Units, including, without limitat
ion, the right to erect and
maintain signs on the roof and other exterio ip'v
r portions of the Building and in
Elements. In addition, Spons the Common
or hereby reserves the irrevocable
right to enter into, upon,
over or under any Unit for such
purposes as may be reasonably
or its agents to service such Unit
necessary for the Sponsor
or any part of the Building provid
ed that requests for
I
entry are made in advance and
that such entry is at a time reason
ably convenient to the
Unit Owner. In case of any emerg
ency, such right of entry shall be
Unit Owner is present at the time immediate whether the
or not.
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The Property shall also be subjec i
t to the following easement: f

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(a) The Association shall have a perpetual and exclusive easement for the maintenance of
any Common Elements, which may presently or hereafter encroach upon a Unit; and i
(b) A perpetual, blanket and non-exclusive easement in, upon, over, under, across and
m
through the Common Elements for surface water runoff and drainage caused by natural
i forces and elements, grading, and/or the improvements located upon the Property. No

i individual Unit Owner shall directly or indirectly interfere with or alter the drainage

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W and runoff patterns and systems within the Condominium; and

(c ) The Association, through the Board or any manager, or managing agent, or their
1£ respective- agents or employees shall have the perpetual and non-exclusive right of
U |r access to each Unit (i) to inspect same (ii) to remedy any violations set forth in the
I-
Master Deed, the By-Laws or in any Rule, or Regulations of the Association, and (iii)
to perform any operations required in connection with the maintenance, repairs or
replacements of or the Common Elements, or any equipment, facilities or fixtures
affecting or serving other Unit(s) or the Common Elements; provided that requests for
entry are made in advance and that such entry is at a time reasonably convenient to the ;!
Unit Owner. In case of an emergency, such right of entry shall be immediate whether
$ the Unit Owner is present at the time or not; and
ii
(d) Any Institutional Lender, and Sponsor with respect to a Permitted First Mortgage or
!b Permitted Second Mortgage (as defined in the Master Deed) held by it, their officers,
55»,
agents, and employees and any Seller of a Unit holding a Permitted First Mortgage (as
.;T:: ii defined in the Master Deed) shall have a blanket, perpetual and non-exclusive easement
to enter the Condominium or any part thereof to inspect the condition and repair of the
% common elements, or any Units so encumbered. Except in cases of emergency, this
i

right shall be exercised only during reasonable daylight hours, and then whenever i
% practicable only after advance notice to the Unit Owner and with the permission of the

1 Board or its managing agent; and

(e) A blanket, perpetual and non-exclusive easement in, upon, over, across and through the

r Common Elements for the purpose of the installation, maintenance, repair, service and
replacement of all sewer, water, power and telephone pipes, lines, mains, conduits,
waters, poles, transformers, meters, cable television, master television antenna and any
4 H
and all other equipment or machinery necessary or incidental to the proper functioning
ii of any utility Systems serving the Property, which easement shall be for the benefit of
any governmental agency, or utility company or other entity which requires same for i
the purposes of furnishing one or more of the foregoing services; and

(f) A blanket, perpetual and non-exclusive easement of unobstructed ingress and egress in,
R . upon, over, across and through the Common Elements to the City of Orange, the
K Association their respective officers, agents and employees (but not the public in
general) and all police, fire and ambulance personnel in the proper performance of their
I) respective duties, (including but not limited to emergency or other necessary repairs to
!•: - a Unit which the Unit Owner has failed to perform), and for repair and maintenance of
1 I the Common Elements. Except in the event of emergencies, the rights accompanying
p:
p the easements provided for in this sub-paragraph shall be exercised only during
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reasonable daylight hours and, whenever practicable, only after advance notice to and
with permission of the Unit Owners directly affects thereby.

M II ' 5. COMMON EXPENSES: Until the conveyance of title to the first Condominium
i
Unit in the condominium, the Grantor shall be solely responsible for all Common
it* Expenses. Following the first conveyance, each Unit Owner shall be required to pay a
u. proportionate part of the expenses of maintenance, repair, replacement, administration and
operation of the Common Elements, which expenses are hereinafter referred to collectively
W" as the "Common Expenses" and shall share proportionately in any common surplus.
ft Payment of Common Expenses shall be in such amount and at such times as may be
provided in the By-Laws. Until the earlier of (a) two years after the date the Master Deed

t shall have been recorded or (b) the date on which title to all Condominium Units shall have
been transferred by the Grantor to Unit Owners, or (c ) at such earlier time as the Grantor
I:
fii may elect to turn over the control of the Board of Trustees under Article IV Section 1 of the

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on
rtionate part of the Comm
not be required to pay a propo
By Laws, the Grantor shall ses actually n*
only be requi red to pay the balance of Common Expen
Expenses, but shall to Unit Owners, except that
the
Common expenses charged m:
incurred in excess of the y-unit basis. Payment shall
be made
for reserv es on a unit-b
Developer shall be responsible nce as and when needed by
the
immediately preceding sente
by the Grantor pursuant to the
nt expenses.
Association to meet curre
a lien on each Unit for
of the Unit Owner, shall have
The Association, on behalf the Asso ciation which lien may
• 1
such Unit by
assessed against
unpaid Common Expenses the forec losure of a mortgage on
er as
ciation in the same mann
be foreclosed by the Asso
shall be subordinate to any lien for past due and unpaid taxes, i
real property. All such liens subject, and to any
ded first mortg age to which such Unit may be
to the lien of a prior recor ;§j
of lien. The liability of each
time of recording of the claim
other lien recorded prior to the ing after
on expen ses assessed against his Unit accru
Unit Owner for the paym ent of Comm
Unit shall terminate upon such
transfer t-
fer or conve yance of such W.
a valid permissible trans to the provisions of the By-La
ws. A
with and subje ct
! or conveyance in accordance liable with the Seller or Grant
or
(being jointly and severally
purchaser or grantee of a Unit in the Condominium Act) shall
be
Expen ses as provi ded
of a Unit for unpaid Common his Unit prior to the acquisition
on Expenses assessed against
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3 required to pay unpaid Comm mortg age of record or a purchaser
by him of such Unit, except
that if a mortg agee of a first 31
a resul t of a forec losure sale of the first mortgage,
Unit as
of a Unit obtains title to such not be liable for unpaid assessments
ssors and assig ns shall 11 6?
such acquirer of title, his succe Owne r which became due prior to
eable to the forme r Unit
n pertaining to said Unit or charg and in the event said lien has not been I
t of the foreclosure K
the acquisition of title as a resul not been satisf ied at the foreclosure •.:y.
%
in the even said lien has
satisfied at the foreclosure and sment applicable to
ct to a lien for the unpaid asses
| sale, thereafter the Unit shall not be subje
isition of title to such Unit by
such mortgagee or purchaser
at a
>1
the period prior to the acqu a mortgagee
event of a forec losure of a first mortgage whether by
foreclosure sale. In the and the proceeds of a forecl
osure
lien for unpaid assessments) m
or by the Association (of its id assessment, the unpaid balan
ce f.
the paym ent of such unpa
sale shall not be sufficient for M &:
of the
\ rs as a Comm on Expen se (including the purchaser
Owne
\ shall be charged to all Unit be refunded to the unit owne
rs
sale). Any surplus funds shall
Unit sold at the foreclosure cond omin ium on an annual basis.
te ownership intere st in the
pursuant to their proportiona
The Board of Trustees of
QF TRUSTEES VOTING;:
-! 6. ASSOCIATION BOARD rning Board referred to in
itute the gove
Trustees") shall const
the Association ("Board of atica lly becom e and be a member of i:
Unit Owner shall autom
the Condominium Act. Each the termination of the
i long as he continues to be a Unit Owner. Upon
the Association so automatically terminate and
inure
membership shall thereupon
I' interest of a Unit Owner, his Each unit shall vote pursu
ant to its
eding him in intere st.
to the new unit Owner succe majority of the total votes eligib
le T-Si|

votes shall be decided by a

percentage of ownership. All r a power on the Association
i to be cast. Whenever this
Mater Deed or the By-L
Board of Trustees) said powe
aws confe
r shall be exercised only
by vote of
(as distinguished from the
of the Association.
the Association at a meeting '

g out of
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controversy of claim arisin
7. INTERPRETATT ON
AND DISPUTES: Any
ation administered by . a it
er Deed or By-L aws shall be settled by arbitr a K: ' .
or relating to the Mast ercial Arbitration Rules , and v
Association under its Comm r-
the American Arbitration court having
) may be entered in any
i judgment on the award rende
jurisdiction thereof.
red by the arbitr ators
:!
n the Condominium
1 ES: The parking facilities withi
8. PARKING FACILITI ct to the provisions of
on Elem ents and, subje
the Limited Comm
Property shall be part of the Association. Parking
in spaces
this Master Deed and the By-L
aws, will be regulated by
ct to such other rules and
m
shall be subje
shall be for the Unit Owne
r's personal use only and il
regulations established by
the Board of Trustees.
1
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9. MORTGAGING OF UNIT
S: Each Unit Owner shall
be the right to mortgage
bank, trust
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age or encumbrance is made to a

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ded that such mortg
or encumber his Unit provi Federal or State savings and
estate inves tmen t trust,
any, real
company, insurance comp
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R- loan association or a mortgage banker or broker or is a purchase money mortgage made to
$ the Grantor or to the seller or a unit (hereinafter referred to as "Permitted Mortgages").
Si
IS 10. PROPERTY TAXF.S. ASSESSMENTS AND CHARGES: All property taxes,
M special assessments and other charges imposed by any taxing authority are to be separately
assessed against and collected on each Unit as a sing parcel, as provided in the
m Condominium Act. In the event that for any year such taxes are not separately taxed to
each Unit, but are taxed on the Condominium Property as a whole, then each Unit Owner
including the Grantor shall pay the Association at least 15 days prior to the due date
t: therefore his proportionate part thereof in accordance with his undivided interest in the
. Common Elements, as set forth in Exhibit "D", and the Association shall thereafter remit
the entire amount to the Tax Collector as soon as is reasonably possible.
»•
s, 11. UTTT.1TTKS: Each Unit Owner shall pay for his own telephone and utilities
which are separately metered or billed to each user by tire respective utility company.
s
Utilities which are not separately metered or billed shall be treated as part of the Common
Expenses.
1
i 12. INSURANCE: The Board of Trustees shall be required to obtain and maintain,
$ to the extent obtainable, insurance of the types in the amounts required by the By-Laws. In
I'
addition, each Unit Owner shall be required to obtain a Condominium Betterments and
I: Improvements policy covering his Condominium Unit at the Unit Owner's sole expense.

m B Each Unit Owner

13. MAINTENANCE. REPAIRS AND REPLACEMENTS:
shall furnish and be responsible for, at his own expense, all of the maintenance, repairs and
a replacements within his own Condominium Unit; provided, however, such maintenance,
repairs and replacements as may be required for the proper functioning of the plumbing
i lines and electric wire situated wholly outside the Condominium Unit or, if within the
interior partitions, if excluded from the definition of Condominium Unit in Paragraph 2 of
I this Master Deed, shall be furnished by the Association as part of the Common Expenses.
Maintenance, repairs and replacements of the refrigerators, ranges, and other kitchen

i
i i appliances, lighting fixtures, heating and air conditioning units and other electrical
appliances, and plumbing fixtures of any Unit Owner shall be at his sole expense.
m i.
Maintenance, repairs and replacements of the Common Elements shall be furnished by the
$ a Association as part of the Common Expe nses. The Association may (but need
not)
•v-ia
si provide, by its rules and regulations, for it to provide ordinary maintenance and minor
r £
repairs and replacements to be furnished to Condominium Units by Building personnel and
H charged as a Common Expense or as a special assessment.
W'
1,1
4
If, due to the negligent act or omission of a Unit Owner, or of a member of his
family of household pet or of a guest or other authorized occupant or visitor of such Unit
Owner, damage shall be caused to the Common Elements or to a Condominium Unit or
p Condominium Units owned by others, or maintenance, repairs or replacements shall be
for
required which would otherwise be Common Expense, then such Unit Owner shall pay
r the
.H. m such damage and such maintenance, repairs and replacements as may be determined by
•:3 Association. Maintenance, repairs and replacements to the Common Elements
and the
'>1 the
m Condominium Units shall be subject to the By-Laws and the rules and regulations of
Association.
i k
n To the extent that equipment, facilities and fixtures within any Condominium Unit,
K. or Condominium Units shall be connected to similar equipment, facilities or fixtures
J §: affecting or serving other Condominium Units or the Common Elements, then the use
- m
ii thereof by the individual Unit Owner shall be subject to the By-Laws and the rules and
regulations of the Association. The authorized representatives of the Association or Board
of Trustees, or of the manager or managing agent for the Building, shall be entitled to
reasonable access to the individual Condominium Units as may be required in connection
or any
with maintenance, repairs and replacements of or to the Common Elements
the
equipment, facilities or fixtures affecting or serving other Condominium Units or

ir Common Elements; with notice at reasonable hours except in cases of emergency.

M 14. DP.CRORATTNG: Each Unit Owner shall furnish and be responsible for , at his
w.
I" • expense, all of the decorating within his own Condominium Unit from time to time,

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(including windows, inside and outside),
including painting, wall papering, washing \M
s, window shades, curtains, lamps and other
cleaning, paneling, floor covering, draperie .
decorati ng. Each Unit Owner shall be entitled to the exclusive use
furnishings and interior i'jSj
and ceilings which constitute the
of the interior surfaces of the perimeter walls, floors such owner
inium Unit owned by him, and
exterior boundaries of the respective Condom
ceiling) in good condition at his sole expense
shall maintain such interior surfaces (or drop
such Owner shall have the right to decorate
as may be required from time to time, and each
use
he may see fit and at his sole expense. The
such interior surfaces from time to time as f*..
the
the covering of the interior surfaces of such windows and the doors leading to
of and
Building,
other items visible on the exterior of the
decks, whether by draperies, shades or
Association. Decorating of the Common
shall be subject to the rules and regulations of the
extent made
-II U'V
within the Condominium Units to the
Elements (other than interior surfaces)
:

to existing decorati ng of such Condominium Unit caused by m

necessary by any damage
on, M
on the Common Elements by the Associati
maintenance, repair or replacement work
part of the Common Expenses. m
shall be furnished by the Association as

15. ALTERATIONS. ADDITIONS AND

IMPROVEMENTS: No Unit Owner I:
l additions, alterations or improvements in
%

(other than the Grantor) may make any structura

of
Elements without the prior written approval
his Condominium Unit or of the Common m
or impair any easement without the written
the Board of Trustees of the Association
consent of the Board of Trustees of the Associa
tion or of the Unit Owner or Owners for I
whose benefit such easement exists. m
of the Board of Trustees, it shall make no
While the sponsor maintains a majority
s not contemplated in this offering which
additions, alterations, improvements or purchase nt
a substantial increase in the monthly assessme
would necessitate a special assessment or
title insurance company, mortgage lender or
in I
unless required by a governmental agency,
the event of an emergency.

s shall actually
16. ENCROACHMENTS: If any portion of the Common Element
inium Unit shall actually encroach :^gj
encroach upon any Condominium Unit or if any Condom .-.if L
of the Commo n Element s, as the Commo n Elements and Condominium
! upon any portions -M
Survey, there shall be deemed to be mutual easements in favor of
Units are shown on the extent .'$

i
«
the owners of the Common Elements and
of such encroachment so long as the same
the respective Unit Owners involved to the
shall exist.
:»y Rj -

1 7. SALE OR LEASE OR OTHER DISPOS

ITION OF UNITS: Should the Unit ^
£
Hi
f wish to sell or lease his Unit, he shall, before accepting any offer to sell or lease his
Owner to, *;$f
By-Laws, specifically, but not limited
t Unit, comply with the applicable provision of the M
v.-
i , Article VII. Any attempt to sell or leasea Unit except as provided in the By-Laws, shall be
null and void and shall confer no title or
interest whatsoever upon the intended I.
wholly vS-J it
s its right to rent or lease to non-
purchaser or lessee. In the event the sponsor exercise v||
is the payment of the appropriate
contract occupants, the Sponsor shall be responsible for Statement,
t to the terms of the Public Offering
maintenance fee to the Association, pursuan
Master Deed and By-Laws of the Condom inium. 'M

by a Unit Owner under the provisions .

18. REMEDIES: In the event of any default b
Master Deed, the By-Law s or rules and regulations of the
of the Condominium Act, this tk
and the Board of Trustees shall have each and all of the rights
i: Association, the Association }
the Condominium Act (except as otherwise
and remedies which may be provided for in
!
this Master Deed, the By-Laws or said rules
provided in this Master Deed or the By-Laws), . .
at law or in equity, and may prosecute any
and regulations or which may be available '

defaulting Unit Owner and/or others for \S|« 't • -

:
action or other proceedings against such sa
e, including foreclosure of such lien and the n
enforcement of any lien, statutory or otherwis Jij
n or specific
appointment of a receiver for the Unit or for damages or an injunctio
n thereof, or for any '%
and collectio
performance or for judgment for payment of money
All expenses of the Association in - .
combination of remedies, or for any other relief. if
g court costs and attorneys' fees
connection with any such actions or proceedings, includin , ,;!
or otherwise, together with interest
f and oiher fees and expenses, all damages, liquidated ;I
to and assessed against such
thereon at the maximum legal rate until paid, shall be charged " ij
part of his respective part of the
i! defau iting Unit Owner, and shall be added to and deemed the event of
a lien for all of the same. In
Common Elements and the Association shall have
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f any such default
by any Unit own
er, the Associa
manager or man tion and the Boa
aging agent if so rd of Trustees,
authorized and the
authority to correct by the Board of
Trustees, shall hav
m and all expenses
such default, and
to do whatever may e the
in connection ther be necessary for
ewith shall be cha such purpose,
defaulting Unit Own rged to and asse
W. er. Any and all of such rights and
ssed against such
m time and from time remedies may be exe
to time, cumulativel rcised at the
y or otherwise, by
Trustees. the Association or
the Board of

ftf 1
The Developer sha
ll not be permitted
parcels, units or inte to cast any votes
rests for the purp held by him for uns
ose of amending old lots,
other document for the Master Deed,
the purpose of cha By-Laws or any
nging the permitted
or for the purpose use of lot, parcel,
of reducing the Com unit or interest,
mon Elements or
m I facilities.
19. AMENDMEN
TS: The provisio
time to time upon ns of this Master
the approval of such Deed may be ame
amendment or ame nded from
pursuant to a reso
lution or written ndments by the Ass i
m consent approvi ociation
adopted or given by ng such amendm
¥! Unit Owners own ent or amendments
ing not less than
I: total number of
Condominium Act
Units in the Con
dominium Propert
Sixt y-seven (67%) perc
ent of the
or this Master Dee y; provided, how
M r Owners or of all lien
d shall require the
holders for any acti
consent or agreeme
ever, if the
nt of all Unit
M any amendment
or amendments
on specified in the
Act or in the Mas
ter Deed, then
with respect to
i consent or agreeme such action shall requ
nt as may be prov ire unanimous
ided in the Condom
r The developer sha inium Act or in
ll not be permitted this Master Deed.
to cast any votes held
units or interests by him for unsold
for the purpose of lots, parcels,
-u amending the mas
document for the purp ter deed, by-laws
ose of changing the or any other
Si for the purpose of redu
cing the common elem
permitted use of a
lot, parcel, unit or
ents or facilities. Eac
interest, or
£ be effective upon
the Recording of
an appropriate inst
h such amendment
shall
and its due adoptio rument setting fort
n, execution and ack h the amendment
If of the Board of Trus nowledgment by one
or more officers of
tees. All amendm the Grantor
not become effectiv ents to this Master
e until recorded Deed shall be reco
rded and shall
:1 I recorded.
in the same offic
e in which the
Master Deed was
m

20. NOTICE: All

notices provided
or the By-Laws sha for in the Condom
ll be in writing, and inium Act, this Mas
shall be addressed ter Deed,
Owner at the Buildin to the Association
g, or at such other or to any Unit
add ress as hereinafter prov
I
8$
Board of Trustees
respectively, by givi
may designate a
ng written notice
different address
ided
or addresses for
. The Association or
notices to them
of such change of
time. Any Unit Ow address to all Uni
ner may also des t Owners at such
ignate a different
s him by giving written address or address
f notice of his change es for notice to
as above shall be dee of address to the Ass
med delivered whe ociation. Notice add
n mai ressed
mail or when delivere led in the United States register
d in person with writ ed or certified
% addressed to a Unit ten ack now ledgment of the rece
Owner, when deposit ipt thereof, or, if
his Condominium Uni ed in his mailbox in
t in the Building. the Building or at
the door of

21. SEVERABILIT
& the By-Laws attache
Y: The invalidity
of any provisions
of this Master Dee
d hereto shall not d or of
validity, enforceabilit be deemed to impair
y or effect the remaind or affect in any man
er of this Master Dee ner the
such event, all of the d or the By-Laws, and
other provisions of in
in full force and effe this Master Deed and
ct as if such invalid the By-Laws shall con
pro tinue
document. vision had never bee
1 n included in either
i
SS 22. PARTITION: No
Unit Owner or Owners
Common Elements nor shall have the right
to do any act or take to partition the
of condominium form any action that would
or ownership as establish result in the destruction
ed by the Condominiu
m Act. I
23. RIGHTS AND OB t

LIGATIONS: The prov

By-Laws and the righ isions of this Master !
ts and obligations Deed and the
covenants running with established thereby
the land, so long as shall be deemed to
the Condominium Pro be
the provisions of the perty remains subject
Condominium Act and to
upon each and all of the shall inure to the ben
Unit Owners and thei efit of and be binding
assigns, purchasers, less r respective heirs, repr
ees, grantees, and mor esentatives, successo
tgagees. The acceptan rs,
conveyance or the ente
ring into of a lease or
the act of occupancy
ce of a deed of
of a Condominium Uni
t
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I: BK556 1 PG0596
these By-Laws, the Condominium
Act, the rules and m
shall constitute an agreement that as they may be r
the provisions of the Master Deed,
regulations of the Association and
complied with. Each
accepted and ratified and will be
amended from time to time, are
of his ownership,
Purchaser of a Condominium Unit
in the condominium will be virtue I
become a member of the Association. t
EMENTS:
*9 i
ION AND APPROVAL OF AGRE
24. RATIFICATION. CONFIRMAT
membe rs or employees of the Association
The fact that some or all of the officers , trustees , i
es, have heretofore
the fact that the Grantor or its nomine
and the Grantor are identical, and
or with third parties, will not
or will hereafter enter into agreem
ents with the Associ ation it-
from time to time, will
the Association and its members,
violate any' such agreements and . The purchase
with the terms and conditions thereof E?-
be obligated to abide by and comply te the
deed therefor by any party shall constitu
of a Unit, and the acceptance of the ntatives,
confirm ation and approv al by such purchaser, his heirs, legal represe
ratification, said agreements,
ty and legality of said agreement or
successors and assigns, or the proprie
- l>

Act, this Master

permitted by the Condominium
or any other agreem ents authori zed and
1
Deed and the By-Laws.
if
elements shall be
If all or any part of the common
C
;
t domain , each unit owner shall be entitled to notice
taken, injured or destroyed by eminen incident thereto.
the association in the proceedings
of such taking and to participate through shall be collected I
injury or destruction as a whole and
Any damages shall be for the taking, each unit
to i>
it among the unit owners in proportion IS
by the association and distributed by that the
undivid ed interes t in such commo n elements, except to the extend
owner's of
it necess ary or approp riate to apply them to the repair or restoration
association deems
any such injury or destruction.
. -Y

! m
be
line gender in the Master Deed shall
26. GENDER: The use of the mascu
gender , as the circum stance s may require, and the
deemed to include the feminine or neuter , shall be
p.-
tion and not limitation, such as grantor
use of the singular, by way of illustra i
! ver the context so requires. i
I! deemed to include the plural whene
to prohibit the
Nothing herein shall be construed
i! handicapped use.
reasonable adaptation of any unit for
!!':
condominium property may be. removed
28. MF.THOD OF TERMINATION: Any
of this act by agreement of unit owners of units to which at least 80%
from the provisions the Master Deed
or any larger percentage that
S of the votes in the association are allocated, a 1'
ation shall be effective upon the filing of I
or any amendment thereto specifies. Termin at least 80% of the votes
d by unit owners of units to which £
t deed of revocation duly execute or any a- I
larger percentage that the Master Deed
b in the association are allocated, or any same
F'.

i; amendment thereto specifies or the sole

owner of the property and recorded in the I
office as the Master Deed.
-
r
the unit owners as of the date of f.
Upon the recording of such deed of revocation,
I shall becom e tenants -in-com mon of the property unless otherwise
recording of such deed
I
or deed of revoca tion, each such unit owner shall thereafter be I
provided in the Master Deed to the percentage of his SA
t in the entire proper ty equal
the owner of an undivided interes of such deed of revocation, e
ts before the record ing
undivided interest in the common elemen I
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ed interest
become a lien on the individual undivid
and each lien on an individual unit shall
of the unit owner in the entire property .
i

d the
has caused these presents to be execute
IN WITNESS WHEREOF, the Grantor
ri pj- ^
day and year first above written. .1
% '
350 Scotland Road, L.L.C.
^WITNEt
a New/Jersey Limited Liability Company
I i;-

5?" ii'i
i DAVID DUBROW, Managing Membe
r
FRANt J/GIANTOMA!
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-13 STATE OF NEW JERSEY )

ss.
"Sgj t COUNTY OF ESSEX )
il bay of October J 199 8b efo re^iie, the
BE IT REMEMBERED, that on this 2nd
£'!
of the State of New Jersey, personally a] (eared Davia Dubrow,
subscriber, a Notary Public
I: ent, and
in and who executed the/ 'ithin Instrum
who I am satisfied is the person named
thereupon he acknowledged that he signed, sealed land dplivered/che sr as his act and
J / )l fV
1 deed for uses and purposes herein expressed. /
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'OKNEYI AW

S' OF TERSEY

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TITLE INSURANCE COMMITMENT

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Chicago Title Insurance Company
219159

4.
SCHEDULE A
NUMBER 4
(CONTINUED)

DESCRIPTION

1
All that certain tract, lot and parcel of land lying and being in the
City of Orange, County of Essex and State of New Jersey, being
more
particularly described as follows:

BEGINNING at the point of intersection of the Northeasterly side line

of Highland
Avenue (60 feet wide) with the Southeasterly side line of Scotland Road
(formerly
known as Scotland Street) (50 feet wide), and from said beginning point; running I
thence
I.
(1) Along said Southeasterly side line of Scotland Road, North 52 degrees 14
minutes East, 204.60 feet to the point; thence
'!
'

(2) Still along the Southeasterly sideline of Scotland Road, 100.75 feet to
! the point of intersection of the Southeasterly side line of Scotland Road
with the Southwesterly side line of Waverly Place (formerly known as
i Cottage Place); thence "1

(3) Along said Southwesterly side line of Waverly Place, South 39 degrees 18
minutes East, 50.0 feet to a point; thence

(4) South 50 degrees 42 minutes West, 102.40 feet to a point; thence

1
(5) South 37 degrees 26 minutes East, 49.35 feet to a point; thence
I 1
!
i: (6) South 47 degrees 38 minutes West 44.56 feet to a point; thence
o
(7) North 42 degrees 30 minutes West, 28.69 feet to a point; thence

(8) South 49 degrees 40 minutes West, 50.00 feet to a point; thence

(9) North 42 degrees 30 minutes West, 32.30 feet to a point; thence 1

(10) South 52 degrees 14 minutes West, 1
100.30 feet to a point in the y
Northeasterly side line of Highland Avenue; thence
: ii
(ll) Along same North 42 degrees 30 minutes West, 50.00 feet to the point or
place of BEGINNING.

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% ' BEING further described 1 n accordance with a survey made by Richlan Lupo &
Pronesti, L.S., dated July 15, 1996, as follows:

m i BEGINNING at the point of intersection of the Northeasterly side line of Highland

Avenue (60 feet wide) with the Southeasterly side line of Scotland Road (formerly
known as Scotland Street) (50 feet wide), and from said beginning point; running
thence

(1) Along said Southeasterly side line of Scotland Road, North 52 degrees 14
1 minutes East, 204.60 feet to the point; thence
h
ft. ftf r (2) Still along the Southeasterly sideline of Scotland Road, North 53 degrees
53 minutes East 100.75 feet to the point of intersection of the
Southeasterly sideline of Scotland Road with the Southwesterly sideline of
il Waverly Place ( f/k/a Cottage Place); thence
K
fi. (3) Along said Southwesterly side line of Waverly Place, South 39 degrees 18
minutes East, 50.0 feet to a point; thence
i (4) South 50 degrees 42 minutes West, 102.40 feet to a point; thence
m i;
I .
(5) South 37 degrees 26 minutes East, 49.35 feet to a point; thence
I
(6) South 47 degrees 38 minutes West 44.71 feet to a point; thence
Wi North 42 degrees 30 minutes West,
(7) 28.67 feet to a point; thence
M I
i (8) South 49 degrees 40 minutes West, 50.00 feet to a point; thence
1<"-
m (9) North 42 degrees 30 minutes West, 32.30 feet to a point; thence
SM
(10) South 52 degrees 14 minutes West, 100.30 feet to a point in the
r Northeasterly side line of Highland Avenue; thence

M I) (H) Along same North 42 degrees 30 minutes West, 50.00 feet to the point or
a r
place of BEGINNING.

• s Also being known as Lots 34 and 45 in Block 154 on the Tax Hap of the City of
r Orange, New Jersey.

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BK556 I pg051)8
by-laws

OF

HIGHLAND LOFTS CONDOM

INIUM ASSOCIATION, INC.

A New Jersey Not for Profit

Corporation

(located at 350 Scotland Road

in the City of Orange,
County of Essex, State of New
Jersey)

ARTICLE I

NAME, OFFICE AND PURP

OSE
S Section 1. Name and Princ
1 ipal Office These are the
LOFTS CONDOMINIUM By-Laws of HIGHLAND
ASSOCIATION, INC., (the
office shall be located at 350 "Association") whose princi
Scotland Road, in the City
pal
of Orange, Essex County,
Jersey. New
!

Section 2. Purpose. The

Association is formed to serve
whi;h the condominium reside as a means through
ntial unit owners (the "Unit
with regard to the administrati Owners") may take action
on, management, maintenanc
e, repair and operation of the
Cor dominium Property (herei
nafter defined) known as
CONDOMINIUM (the "Cond HIGHLAND LOFTS
1 ominium"), situated in the City
New Jersey, which has of Orange, Essex County,
been created and established
in accordance with the provis
a master deed (the "Master ions of
Deed") executed by HIGH
LAND LOFTS CONDOM
Li (the "Grantor"), and record INIUM
ed in the office of the Essex
County Clerk, Newark, New
Jersey, to which these By-La
ws are appended as an exhib
condominium in effect in it. The statutes relating to
n the State of New Jersey pursu
w has been created and estab
ant to which the condominiu
m
lished and is to be governed
46:8B-1 et seq., as amended, are P.L. 1969, Ch. 257, R.S.
of the laws of the State of
New Jersey (the "Condomini
Act") and the Association um
is intended to be the entity
! responsible for the administrati
and management of the condominium as provided in on
the Condominum Act.

ARTICLE II
H
1 S ' •: ; PLAN OF RESIDENTIAL
UNIT OWNERSHIP
I ; :
I '
I Section 1. Applicability of
By-Laws. The provisions
applicable to the condominiu of these By-Laws are
m and to the use and occup
"Condominium Property" ancy thereof. The term
as used herein shall includ
e the land, the buildings
t ("Buildings") and all other impro
vements thereon, including
'! Common Elements, as define the Residential Units and the
d in the Master Deed, and Si
if i:| appurtenances belonging theret all easements, rights and
o, and all other property, perso
use in connection therewith, nal or mixed, intended for
all as set forth in the Master };
Deed.

Section 2. Application. All

present and future owners, fj
occupants of Residential Units mortgagees, lessees and
and their employees, and any
other persons who may use
'<1 : ' ;i the facilities of the Condomini
um Property in any manner are
subject to these By-Laws,
the rules and regulations of
the Association and the Maste
I : deed of conveyance or the entering into of a lease
r Deed. The acceptance of
a
I
of the act of occupancy of
;; Unit shall constitute an agree a Residential
5 ; ment that these By-Laws, the
rules and regulations of the
Association and the provisions
of the Master Deed, as they
may be amended from time
time, are accepted and ratifie to
d and will be complied with.
Residential Unit in the Cond Each purchaser of a
* of the association. Title to a
ominium will, by virtue of his
ownership, become a member
Residential Unit may be taken
in the name of an individual
or in the name ; of two or more
1 persons, as tenants in comm
tenants by the entirety, or in the on, as joint tenants, or as
name of a corporation or partne
fiduciary. rship, or in the name of a

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9 ARTICLE III
€
.ia MEETING OF UNIT OWNERS

Section 1. Place of Meeting The Unit Owners of the Condominium shall hold
€ meetings at the Buildings, or at such other place as may be fixed from time to time by the
as t Board of Trustees and designated in the notice of such meeting.
ill ks-
1
'.H Section 2. Annual Meeting. The first annual meeting of the Unit Owners shall be
held at 8:00 o'clock P.M. on the first Monday of the sixth month following the end of the
fiscal year of the Association, but not prior to the time at which the Board of Trustees is
expanded to four members pursuant to Article IV Section 1 of these By-Laws.
m3s Thereafter, in each succeeding year, an annual meeting of the Unit Owners shall be held
H on the first Monday of said month or, in the event that date is a legal holiday on the first
t- day thereafter which is not a legal holiday. Subject to the provisions of Section 1 of
k Article IV, at each annual meeting the Unit Owners shall elect Trustees of the
f- Association and may transact such other business as may properly come before the
I meeting.
W;
€H
3 Section 3. Special Meetings. Special meetings may be called by the President,

I Vice President, Secretary or a majority of the Board of Trustees, and must be called by
such officers upon receipt of written request of fifty percent (50%) or more of the Unit
*v
Owners; provided, however, that in the discretion of the Board of Trustees no more than
one special meeting need be held in any one calendar month. Such written request shall
&
r state the purpose or purposes of the proposed meeting. Business transacted at a special
meeting shall be confined to the purposes stated in the notice of such special meeting.
4
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Section 4. Record Date. For the purpose of determining the Unit Owners entitled
;; to the notice of any meeting of the Association, or any adjournment thereof, or for the
purpose of any other action, the Board of Trustees shall fix, in advance, a date as the
€11 record date for such determination. Such date shall not be more than thirty (30) nor less
than ten (10) days before the date of the meeting. If no record date is fixed, then the date
fL
€1 shall be ten (10) days before the date of the meeting.
S v
>:•

m Section 5. Notice of Meeting. Notice of meeting to the Unit Owners shall be in

'M r writing and, except in the case of the annual meeting, shall indicate and state that it is
being issued by or at the direction of the person or persons calling the meeting and the
n purpose therefor. Such notice shall be mailed or delivered not less than ten (10) nor more j
m than sixty (60) days prior to the date of the meeting. Notice of all meetings at which
disposition is to be made of assets, granting of rights of easements in the Condominium
m Property must also .be given to the record holders of permitted mortgages on any
Residential Condominium Units.
at!
*lai Section 6. Waiver of Notice. Notice of a meeting need not be given to any Unit
Owner who signs a waiver of notice either in person or by proxy, whether before or after
the meeting. The attendance of any Unit Owner at a meeting in person or by proxy,
without protesting prior to the conclusion of the meeting the lack of property notice to
Si him of such meeting, shall constitute a waiver of notice of the meeting by him.
§ Section 7. Quorum. The presence in person or by proxy of Unit Owners holding
€ at least fifty-one percent (51%) or more of the ownership interest in the Common
Elements shall constitute a quorum at a meeting of the Unit Owners.
m
gj- Section 8. Majority Vote. The vote of a two-thirds majority of the votes cast by
m
't Unit Owners at a meeting at which a quorum shall be present shall be binding upon the
m r Unit Owners for all purposes other than those under which the terms of the Master Deed
or these By-Laws or the provisions of New Jersey law require a higher percentage.
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P': Section 9. Voting. Except as otherwise require
d by law, or specifically required
i
by the Master Deed, each Unit Owner shall vote pursuant
]
to its percent

1lis
age of ownership .
in accordance with the Master Deed. A fiducia
ry shall be entitled to vote with respect to |j
any Residential Unit owned in a fiducia
ry capacity. If there are co-owners
Residential Unit (whether by joint tenancy of record of a 3
, tenancy in common, tenancy by the
partnership or otherwise), all of entireties,
such co-owners may attend the
if Association, but their votes shall
be exercised unanimously by having
meetings of the \
such co-owners
la. designate in writing one person who
rights appurtenant to such Residential
alone shall be entitled to exercise the
entire voting
Unit, which designation shall be recorde
1

Ip voting list and shall be controlling

Secretary of the Board of Trustee
unit canceled or superseded by a written
s, signed by all such co-owners and
d on the
notice to the
received at leasee
i

ill j one (1) days prior to the meeting or

the co-owners of
meetings to which such notice relates.
a Residential Unit shall have failed
their voting rights, they shall nevertheless be
to designa
If at any tira e
te a person to exercise
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i
required to cast their votes unanimously. If |
theco-owners of a Residential Unit cannot
unanimously agree how to cast their
meeting, votes at a 3
then and in that event the votes appurtenant to
their Residential Unit shall not ^
be permitted to be cast at that meeting and, for
the purpose of determining a quorum, that $
unit o\ med by such
I? • ;
co-owners shall be deemed to be zero
and shall not be entitled to cast
1' any vo~ e at that meeting. If the co-own
ers of a Residential Unit shall not
be permitted to
cast thi votes appurtenant to their
Residential Unit for the reason specifie
d in the {
immediately preceding sentence they
shall be deed to have consented to any action
taken
M.i at such a meeting which requires the
foregoing, if co-owners of a Reside
unanimous consent of all Unit Owners
ntial Unit shall have failed to designa
. Despite the
te a person to
is-
!

cast their votes and if only one of such co-owners is

II si or the- holder of such proxy, as the case may be,
present or represented by proxy, he
shall be accepted by the Association as
fij
i 8 : theagent and attorney-in-fact for the other
co-owners not present and shall be permitte
d
J
ja
! ; ! to cast all of
the votes appurtenant to such Residential Unit is
held in a fiduciary capacity,
\ the fiduciary and not the beneficiary shall
be entitled to exercise the voting rights
jjj
Pli ;!' appurtenant to such Residential Unit. If a Reside
governing board shall designate a person to
ntial Unit is held by a corporation, its
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exercise its voting rights which designation
shall be recorded on the voting list and receive
at lease one day prior to the meetin
d by the Secretary of the Board of Trustees
g to which such designation relates.
^
|

No vote shall be cast for the election

of the Board of Trustees on behalf of
u
Residential Unit which has been acquire
name of its agent, designee or nomine
d by the Association in its own name
a
or in the
1
! e on behalf of all of the Unit Owners -
continues to be so held. Votes may be so long as it
I cast by each Unit Owner in person or
proxy. The designation of any such proxy by his
shall be made in writing and filed with
Secretary of the' Association before the the
appointed time of the meeting. A proxy
valid only for the particular meeting shall be
1 . ; - .: designated therein and may be revoked '1
Owner by the Unit
by appearance in person at the meeting
Is !'
notice of the revocation.
upon filing with the Secretary at that time
i il
When a member of the Board of Trustee
s who has been elected by Unit Owners
: other than Sponsor is removed or
resigns, that vacancy shall be filled
by a Unit Owner I;
other than Sponsor.

. m
:• 11?
I Section 10. ling. A Unit owner shall be deemed "in
good standing" I
and shall therefore be entitled to vote
I s subject, however, to the limitations of
have paid, in full, at least five (5) days
as herein provided at any meeting of Unit
Section 9 of this Article, if said Unit
prior to the date fixed for a particular
Owners
Owner shall
then due assessments, charges and any meeting, all
interest, penalties, costs, fees and the
have been levied against his Residential like which
;! Unit and/or himself. The Board of Trustee
be the sole judge of whether a Unit Owner s shall
has paid all then due assessments, charges I
interest, penalties, costs, fees, and the like and
which have been levied against his Residen
3 . Unit ancVor himself.
tial

1
•lection 11. Adjournment of Meetings.
If any meeting of Unit Owners cannot be j
held because of quorum has not attende
d, the meeting shall be adjourned to a
less than 48 hours from the time scheduled time not
for the original meeting.
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m Section 12. Order of Business. The order of business at the annual meeting of the
. m Unit Owners shall be as follows:
-H
m (a) Roll Call
(b) Proof of Notice of Meeting
-9H (c) Reading of Minutes of Preceding Meeting
K-. •
j (d) Reports of Officers (including the Treasurer's report on the Annual Financial
fel Statement and current budget)
(e) Report of Board of Trustees
(f) Report of Committees (if any)
(g) Appointment of Inspectors of Election
il. (h) Election of Members of the Board of Trustees
m (i) Unfinished Business
P (j) New Business
(k) Adjournment

i-
With regard to new business as set forth in subparagraph (j) above, any matter
m
constituting new business may only be added to the agenda by a Unit Owner for purposes
I i. . of taking a vote thereon if a petition, signed by the Unit Owners requesting that such
M I matter be added to the- agenda of new business is served upon the Secretary of the
F' Association not less than fourteen (14) days nor more than sixty (60) days prior to the last
day upon which notice of the meeting miist be given pursuant to Section 5 hereof. The
order of business at all other meetings of the Unit Owners shall conform to the above
ZMI w order of business insofar as the special purpose or purposes thereof will permit.

M 3- ARTICLE IV
m
if
t: BOARD OF TRUSTEES

pi Section 1. Number and Qualification. The affairs of the Association shall be

governed by a Board of Trustees, consisting initially of not less than four (4) members,

M who shall be designated by the Grantor, until the date on which title to a Residential Unit
shall have been transferred by the Grantor to a Unit Owner. Thereafter, the Board of
/i Trustees shall consist of four (4) persons, (or such greater number as may be fixed by the

£
f Board of Trustees from time to time), each of whom (except in the case of Residential
If Unit owned by the Grantor) shall be owners or spouses of owners of Residential Units, or
in the case of partnership owners shall be members of such partnership, or in the case of
m corporate owners shall be officers or stockholders of such corporation, or in the case of
m fiduciary owners shall be fiduciaries or officers of such fiduciaries provided that at all
./j r times at least one member of the Board of Trustees shall be a resident of the State of New
m fv Jersey.
ir
m Each owner of a Residential Unit shall automatically upon becoming an owner of
a Unit, be a member of said ASSOCIATION until such time as his ownership ceases for
any reason, at which time his membership in said ASSOCIATION shall automatically
w r cease. Other than as an incident to a lawful transfer or title to a unit, membership in the
ASSOCIATION shall be non-transferable and any attempt to transfer shall be null and
'•T'
P
Ki void.
'i
The right to elect the Board of Trustees of HIGHLAND LOFTS
£ CONDOMINIUM ASSOCIATION, INC. shall be governed as follows:
1
(a) Within sixty days after conveyance of 25% of the lots, parcels, units or
! interests, not less than 25% of the members of the Board of Trustees shall be elected by
owners (2 members) other than sponsor;

:i (b) Within sixty days after conveyance of 75% of the lots, parcels, units or
Fl. interests, the GRANTOR'S control of the Board of Trustees shall terminate at which time
m the owners other than the sponsor shall elect the entire Board of Trustees;
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(c) Despite a and b above, the GRANTOR may retain one member of the Board
/
of Trustees so long as there are any units remaining unsold in the regular course of
i business;
I:
ll (d) A GRANTOR may surrender control of the Board of Trustees of the
ASSOCIATION prior to the time as specified, provided the owners agree by a majority
b,
vote to assume control.
rt;
(e) Within 30 days after the unit owners other than the GRANTOR are entitled to
. lert a member or members of the Board of Trustees, the ASSOCIATION shall call, and
uve not lent than 20 days' nor more than 30 days' notice of, a meeting of the Unit
Owners to elect the members of said board. The meeting may be called and the notice
p: ; uven by any Unit Owner if the ASSOCIATION fails to do so.

(f) Prior to, or not more than 60 days after, the time that Unit Owners other than
•.he GRANTOR elect a majority of the members of the Board of Trustees, the GRANTOR
•hall relinquish control of the ASSOCIATION, and the Unit Owners shall accept control.
Simultaneously, the GRANTOR shall deliver to the ASSOCIATION all property of the
Unit Owners and of the ASSOCIATION held or controlled by the GRANTOR including
but not limited to, the items set forth in N.J.S.A. 4*6:8B-12.1. Which are as follows:
Certified copy of the complete Master Deed and amendments, certified copy of
association Articles of Incorporation, copy of By-Laws, minutes, rules and regulations,
officer resignations, association fund accounting, association funds, personal property of.
I ;
association, copy of plans and specifications, insurance policies, certificate of
occupancies, any permits issued within one year, warranties, roster of unit owners, leases,
r-mployment and management contracts and any other contracts to which the association
h a party.

Section 2. ies. The Board of Trustees shall have the powers and
ruties necessary for the administration and management of the affairs of the Association
a: id may do all such acts and things, except those which by law or by Master Deed or by i
these By-Laws may not be delegated to the Board of Trustees by Unit Owners. In
addition to those powers and duties granted the Board of Trustees pursuant to the
Condominium Act, the powers and duties of the Board of Trustees shall include, but shall
if y not be limited to, the following:
I- :
J
i

S (a) Operation, care, upkeep, repair and replacement of the Common Elements and
4 service and personal property of the Association, if any, together with the right
ii to use all funds collected by the Association to effectuate the foregoing.
a
Is i
(b) Determination of the Common Expenses required for the affairs and duties of
,
the Association, including the establishment of reasonable reserves for future
replacement of, and maintenance to the Condominium Property.

1. The Board of Trustees shall, prior to the beginning of each fiscal year of the

TC Association, prepare a budget which shall determine the amount of common charges
payable by each Residential Unit to meet -the Common Expenses of the Association,
including the aforesaid reserves, and to make up any deficit in the Common Expenses for
: any prior ye ir. The Board of Trustees shall allocate and assess such charges equally
among the U lit Owners in accordance with the applicable provisions of the Master Deed,
Unit Owners are permitted to attend and participate at the meeting held for the purpose of
t4;• jt •
preparing tlv budget but said Unit Owners shall not be permitted to vote on matters
oertaining thereto. Unit owners shall, be advised of the amount of Common Expenses
payable by each of them and these charges shall be paid to the Association in twelve (12)

fi equal monthly installments on the 1" day of each month of the fiscal year, in advance, at
the office of the Association. A statement of the aforesaid yearly charges along with a
copy of the annual budget shall be mailed to each Unit Owner at the commencement of
£
each fiscal year and no further billing by the Association shall be required.

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BK556 I PG0553
2. The fiscal year of the Association shall be a calendar year.

-u
3. Despite anything in these By-Laws or elsewhere to the contrary, the Board of
Trustees shall not have the authority, except for the repair and/or replacement of any
m common element or such other emergency as determined in the Board of Trustees, to
expend in excess of $5,000.00, on any item of expense in any year which is not specified
'n
in, or if specified, over the amount indicated for such item in, the aforesaid budget for
such year, without the consent of the majority of the Unit Owners.
m
(c ) Employment and dismissal of personnel necessary for the maintenance and operation
i of the Condominium Property, including the Common Elements and other property
which may be owned by the Association.
I!
i (d) Adopting and amendment of rules and regulations covering the operation and use of
I the Condominium Property.
>4
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il (e) Opening of bank accounts on behalf of the Association and designating the

: a signatories required therefor.

II (f) Purchase or arrangement for such services, machinery, tools, supplies, and the like as
II 1
in the opinion of the Boar-d of Trustees may from time to time be necessary for the proper
operation and maintenance of the Condominium Property and Common Elements and the
facilities and general business of the Association. The Board of Trustees may also
!.
employ a manager for the Association at such compensation as it may deem appropriate,
to perform such duties as the Board of Trustees may so designate and may lawfully
delegate.

il I (g) Employment of .legal counsel, engineer, and accountants and fixing their
compensations whenever such services may be deemed necessary by the Board of
p Trustees.

>*i (h) Maintenance of detailed books of account of the receipts and expenditures of the
si-
ia r.
Association. Such books of accounts shall be audited when requested by the Board of
r Trustees but not less than annually by a certified public accountant and a statement
reflecting the financial condition and transactions of the Association shall be furnished to
each Unit Owner on an annual basis. The books of account and any supporting vouchers
shall be made available for examination by a Unit Owner at convenient hours on working
: I
days that shall be established by the Board of Trustees and announced for general
I knowledge.
1
(i) While the developer maintains a majority of the executive board he shall have an
annual audit of association funds prepared by an independent accountant, a copy of which
hi- shall be delivered to each unit owner within 90 days of the expiration of the fiscal year of
the association. The audit shall cover the operation budget and reserve accounts.
I
(j) Maintenance of adequate fidelity bonds for Association officers, agents, and
employees handling Association funds and records, at such times and in such amounts as
Is-
! v: the Board of Trustees may deem necessary. The premiums for such coverage shall be
paid by the Association and shall constitute a Common Expense.
ft'
(k) While the developer maintains a majority of representation on the executive board, he
shall post a fidelity bond or other guarantee acceptable to the Agency, in an amount equal
''ii to the annual budget. For the second and succeeding years, the bond or other guarantee
£ shall include accumulated reserves.

(1) Payment of all taxes, assessments, utility charges and the like assessed against any
property of the Association or assessed against any Common Elements exclusive of any
taxes or assessments properly levied against any Unit Owners.
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(m) Purchasing or leasing or otherwise acquiring in the name of the Association or its
!
designee, corporate or otherwise, on behalf of all Unit Owners, Residential Units offered !
' for sale or lease or surrender by their Unit Owners to the Association or to the Board of
! ;
Trustees, when so required in the discretion of the Board of Trustees. The Association
shall not purchase a unit while the sponsor maintains control.

B
(n) .Purchasing of Residential Units at foreclosure of other judicial sale in the name of the
H :
' , : Association or its desiptee, corporate or otherwise, on behalf of all Unit Owners, when so
required in the discretion of the Board of Trustees. The Association shall not purchase a
unit while the sponsor maintains control.

(o) Selling, leasing, mortgaging, vote and votes appurtenant to (other than for the
'Hi election of the Board of Trustees), or otherwise dealing with Residential Units acquired
:
: or leased by the Association, or designee, corporate or otherwise, on behalf of all Unit
.1 - 1
Owners. The Association shall not purchase a unit while the sponsor maintains control. 1

Hi! I'fj (p) Adjusting or increasing the amount of any monthly installment payment of Common
Expenses and levying and collecting from Unit Owners special assessments in such
amounts and payable in such manner as the Board of Trustees may deem necessary to
Hi defray and meet increased operating costs, capital expenses or to resolve emergency |
situations; provided, however, that all such special assessments or increased payment
ni assessments shall be levied against tire Unit Owners in the same proportions or
4 percentages as provided in Section 4 of Article VI hereof. j

(q) Marking of repairs, additions and improvements to or alterations of the

Condominium Property and repairs to and restoration of the Condominium Property in
Hi accordance with the other provisions of these By-Laws after damages or destruction by
n fire or other casualty or as a result of condemnation or eminent domain proceedings.

\l!
When in the opinion of the Board of Trustees any of the Common Elements requires
protection, renewal, maintenance, or repair or when enforcement of any of the
Association's rules and regulations so require or when the abatement of any nuisance is
required or in any emergency situation, the Board of Trustees will have the right to enter •i5
i any Residential Unit for such purposes. Such entry shall, however, be done with as little
i inconvenience to the Unit Owners thereof as is reasonably possible. By the acceptance of
a deed conveying each Residential Unit to the Unit Owner, each Unit Owner expressly
and irrevocably grants and confirms the aforesaid rights of entry; additionally with notice }'
at reasonable hours except in cases of emergency.

:?
(r ) While the sponsqr maintains a majority of the Board of Trustees, it shall make no
additions, alterations, improvements or purchase not contemplated in this Offering which 1
Hi A.3
i 4 j! would necess'tate a special assessment or a substantial increase in the monthly
i
assessment unless required by a government agency, title insurance company, mortgage
Hi
i-
•i lender or in the event of an emergency.
4S
(s) Purchasing insurance in such amounts and kinds as may be required by these By
! Laws or the Master Deed or which the Board of Trustees considers in the best interest of
'fti i i
the Association, including by way of example and not by way of limitation, Trustees
ft . i Liability Insurance or similar types of coverage.
f;
(t) Leasing or granting licenses or concessions with respect to the Common Elements.
n I
I &= si (u) Issuing a Certificate ('Treasurer's Certificate") showing the amount of unpaid
assessments pertaining to Units upon request therefor pursuant to N.J.S.A. 46:8B-21. I
;• i
(v) Assessing, levying and collecting special assessments limited to one or more I a
i ! Residential Units where authorized by the Master Deed, these By-Laws or the
Condominium Act.
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(w) Subject to the Master Deed, declaration of covenants and restrictions
. or other
instruments of creation, the association may do all that it is legally entitled to do
under
the laws applicable to its form of organization.
'M
'm Section 3. Election and Term nf Office An annual meeting of the Unit Owners
shall be held after the earlier of (a) the expiration of one (1) years from the
date of
recordation of the Master Deed or (b) the date on which title to all of the
Residential
Units has been transferred by the Grantor to Unit Owners, or (c ) at such earlier
time as is
designated by the Grantor. The Trustees shall serve one year terms, each term
i1
to expire
the day following the annual meeting. The members of the Board of Trustees
shall hold
'M office until their respective successors shall have been elected by the Unit
Owners.
Trusteeships shall be filled by a majority vote of all Unit Owners attending the
meeting
and entitled to vote.

1 Section 4. Removal of Members of the Board of Trustees. At any

special meeting of the Unit Owners held after the earlier of (a) the expiration
annual or
of one (I)
year from the date, of recordation of the Master Deed or (b) the date on which
title to all
im I ?..
of the Residential Units has been transferred by the Grantor to Unit Owners,
m such earlier time as is designated by the Grantor, any one or more of the members
or (c ) at
of the
Board of Trustees may be removed with or without cause by a two-thirds majority
vote

si pursuant to Section 8 of Article HI and a successor may then and there or

thereafter be
elected to fill the vacancy thus created. After member of the Board of Trustees
whose
removal has been proposed by the Unit Owners shall be given an opportunity
to be heard
at the meeting called for such purpose.

v Section 5. Vacancies. Vacancies in the Board of Trustees caused by any reason

I t:
other than the removal of a member thereof by a vote of the Unit Owners
shall be filled
by a vote of a majority of the remaining trustees at a special meeting
of the Board of
Trustees held for that purpose promptly after the occurrence of any such
vacancy or at
any regular meeting of the Board of Trustees. Each person so elected shall be a
member
of the Board of Trustees until a successor shall be elected at the next annual
meeting of
the Unit Owners and the term of the newly elected trustee shall be for the
balance of the
I, term of the vacated trusteeship. When a member of the Board of Trustees
M who has been
i I elected by Unit Owners other than sponsor is removed or resigns, that vacancy
shall be
t. filled by a unit owner other than sponsor.

13 Section 6. Organizational Meeting. The first meeting of the Board of Trustees !

elected at the first annual meeting of the Unit Owners held after the earlier
3 expiration of one (1) year from the date of recordation of the Master Deed or
of (a) the

f (b) the date

on which title to all of the Residential Units has been transferred by the Grantor
Owners, or (c ) at such earlier time as is designated by the Condominium Act
to Unit
or Grantor;
shall be held at such time and place as shall be fixed by the Unit Owners at such
meeting
and no notice shall be necessary to the newly elected member of the Board of Trustees
in
order legally to constitute such meeting, provided a majority of the entire Board
of
Trustees shall be present thereat. Thereafter, immediately following each annual
meeting
jr.
111 of Unit Owners, the newly elected Board of Trustees shall meet for the purpose
of
m organization, election of officers and the transaction of other business and no notice
shall
be necessary to the newly elected Board members in order legally to constitute
such
Bv meeting, provided a majority of the entire Board of Trustees shall be present
thereat.
Prior to the first organization meeting specified herein, the Board of Trustees shall
have
Such meetings and at such times as in necessary to properly supervise the operation
of the
m Condominium.

»<:
Section 7. Regular Meetings. Regular meetings of the Board of Trustees may be
n held at such time and place as shall be determined from time to time by a majority of the
members of the Board of Trustees, but at least two such meetings shall be held during
;) $ each fiscal year of the Association. Notice of regular meetings of the Board of Trustees
at lease three (3) business days prior to the day designated for such meetings.
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Section 8> Special Meeting;1- Special Meetings of

the Board of Trustees may be
i called by the President of the Association on notice
sent to each member of the Board of
Trustees at lease three (3) business days prior to
the date of such meeting. Such notice
shall state the time, place and purpose of the meeting.
Special meetings of the Board of
Trustees shall be called by the President or Secretary <9
: in like manner and on like notice at
ll the written request of at least two (2) members
of the Board of Trustees. i
m Section 9. Waiver of Notice. Any member may at any
i meeting of the Board of Trustees in writing, and
time waive notice of any
such waiver shall be deemed equivalent
; i: to the giving of such notice. Attendance by a
member of the Board of Trustees at any
I
! meeting of the Board shall constitute a waiver
of notice by him of the time and place i
thereof, unless such attendance is for the purpose
,

of protesting the lack of notice and

t P1 1 1 written notice of such purpose is delivered to the

other members of the Board at that time,
Subject to the provisions of the preceding sentence,
if all members of the Board of
Trustees are present at any meeting of the Board,
no notice shall be required and any
business may be transacted at such meeting.

; Section 10. Quorum of Board of Trustees. At a meeting

of the Board of Trustees
a majority of the members thereof shall constitute
;• a quorum for the transaction of
! j: business and the votes of a majority of the members
H of the Board present at a meeting at
; which a quorum is present shall constitute the decision
of the Board of Trustees. If at any
g meeting of the Board of Trustees there shall be less
than a quorum present, a majority of
those present may adjourn the meeting from time
to time. At any such adjourned meeting
? at which a quorum is present any business which
might have been transacted at the .
4
Sill? meeting originally called may be transacted without
further notice.

i i: Section 11. Fidelity Bonds. The Board of Trustees

obtain adequate fidelity bonds for all officers and
shall use its best efforts to
employees of the Association handling
MM T or responsible for Association funds. The premium
Common Expense.
on such bonds shall constitute a
};

ll Section 12. Compensation. No member of the Board

of Trustees shall receive
any compensation from the Association for acting
as such.
:§•

m
lift i Section 13. Liability of the Board of Trustees.
Trustees shall not be liable to the Unit Owners for
The members of the Board of
any mistake of judgment, negligence 'M
MM u or otherwise, except for their own individual gross
negligence or willful misconduct. The
p ii.l Unit Owners shall indemnify and hold harmless
each of the members of the Board of I
Trustees against all contractual liability to others

t
ii ; Board of Trustees on behalf of the Association unless
arising out of contracts made by the
any such contract shall have been
1
1 made in bad faith or contrary to the provisions of the
Master Deed or of these By-Laws.
m II M It is intended that the members of the Board of Trustees
with respect to any contract made by them on
shall have no personal liability
behalf of the Association. It is also
i : intended that '.he liability of any Unit Owner arising
out of any contract made by the
: Board of Trustees or out of the aforesaid indemnity in
m favor of the members of the Board ,
of Trustees shr.l! be limited to such proportion of
m a
. ;•
interest in the Common Elements bears to the interest
the total liability thereunder as his
of all the Unit Owners in the
; Common Elements. Every agreement made by the
Board of Trustees on behalf of the .

•ii Association shall provide that the members of the Board

are acting only as agents for the
h •1 Unit Owners and shall have no personal liability thereunde
r (except as Unit Owners) and
that each Unit Owner's liability thereunder shall be limited
to such proportion of the total
II liability thereunder as his interest in the Common Elements
Unit Owners in the Common Elements. Nothing contained
bears to the interest of all
: herein to the contrary shall
IIP ii serve to exculpate members of the Board of Trustees appointed
fiduciary responsibilities.
by the Sponsor from their
i
I

i ; Section 14. Managing Agent and Manager. The Board

of Trustees may employ a
m UH
i i ii! '
managing agent and/or a manager of the Condominium at
the Board of Trustees, to perform such duties and services
a compensation established by
as the Board of Trustees shall
authorize. The Board of Trustees may delegate to the managing

I
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ii ill M -9-
agent or the manager all

• •
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it bk 5 5 6 I pg 0 5 5 7

of the powers granted to the Board of Trustees by these By-Laws but notwithstanding
r such delegation, shall remain responsible, in accordance with Section 13 above, to the
r • Unit Owners for the proper performance of such duties and services.
s

m Section 15. Open Meetings of Association

(1) OPRNMR.RTTNfiS
m
All meetings of the association's Executive Board, except conference or
/i
!&
*
working sessions at which no binding votes are to be taken, shall be open
to attendance by all unit owners.
I
f
(2) RESTRICTIONS ON OPF.N MEETINGS

•M X?. Despite (1) above, the association's Executive Board may exclude or
. restrict attendance at those meetings or portions of meetings dealing with
IS p. the following:

-M ' (a) Any matter the disclosure of which would constitute an unwarranted
m
m &
p . invasion of individual privacy;
(b) Any pending or anticipated litigation or contract negotiations;
'It
i; (c) Any matters failing within the attorney-client privilege, to the extent
i E that confidentiality is required in order for the attorney to exercise his

h I ethical duties as a lawyer, or

(d) Any matter involving the employment, promotion, discipline, or
k dismissal of a specific employee of the association.

L f3) MINUTES AT OPEN MEETINGS

l
£• :
At each meeting required to be open to all unit owners, minutes of the
IV proceedings shall be taken, and copies of those minutes shall be made
i
if-;
available to all unit owners before the next open meeting.

M It. (a) Each association shall keep reasonably comprehensive minutes of all
its meetings showing the time and place, the members present, the
va Sv
subjects considered, the actions taken, the vote of each member, and
h:
any other information required to be "shown in the minutes by the
bylaws. Such minutes shall be made available to the public in the
t-
v'l £.
association office within 30 days.
(b) At each open meeting, the participation of unit owners in the
' m E;
proceedings or the provision of a public comment session shall be at
%
the discretion of the executive board.

r;
:aa v Section 16. Notice Requirement.'! For Open Meetings.

Mr
en notice
w
,r.
I-
W- Adequate notice of any open meeting shall be given to all unit owners.
si

m ADROUATH NOTTCF.
>*! I
m 1 Adequate notice means written advance notice of at least 48 hours, giving
r the date, time, location and, to the extent known, the agenda of any
ip- regular, special, or rescheduled meeting. Such notice shall accurately state
i whether formal action may or may not be taken. This notice shall be:

(a) Prominently posted in at least one place within the condominium

L property reserved for such or similar announcements.
a b
(b) Mailed, telephoned, telegrammed, faxed, or hand delivered to at least
two newspapers designated by the association governing board.

ii:
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(c) Filed with the association secretary or administrative officer
responsible for administering the association business office.

AH f3i ANNTJAI. BQSHMG OF OPF.N MEEPHOS 1

I u
At least once each year within seven (7) days following the annual
I II
a meeting of the association, the governing body shall post and maintain :j
i ' posted throughout the year, notice of meetings in those locations set forth

s: i! above.

E 1 Section 17. In the event that an association's Executive

Board meeting is required to deal with such matters of urgency and importance that
s
! !
11 !
:fi:i :
delay, for the purpose of providing 48 hours advance notice, would result in substantial
harm to the interests of the association, the notice shall be deemed adequate if it is
provided as soon as possible following the calling of the meeting.

fiii r Section 18. Voting Rights. Except as otherwise provided in these by-laws, the

j ill :
Master Deed, or the Planned Real Estate Full Disclosure or Condominium Acts, passage
of all decisions shall require the affirmative vote of at least a majority of members in
if good standing and entitled to vote in attendance at a meeting.
i f ! :::
fit
m GOOD STANDING j
f! a;
Only unit owners who hold memberships in good standing at least ten days before
the meeting shall be entitled to vote on decisions. Each unit owner shall be
entitled to the assigned vote for each unit to which he holds title with respect to all
}
decisions to be voted upon by the association membership.

(2) QUORUM

Except as otherwise provided in these by-laws, the presence (in person or

'1 by proxy) of 51% of the authorized votes shall constitute a quorum for the
m transaction of business at the meeting. If any association meeting cannot
1 i be organized because a quorum has not been achieved, the members
present or by proxy shall adjourn the meeting for at least 48 hours from
m the time the original meeting was scheduled.

$ Section 19. Waiver of Notice of Meetings (Option) Any action which may be
taken at a meeting of members may be taken without a meeting if authorized by a writing
signed by the required percentage of members entitled to vote for that particular matter

a: (see Section 18(1).)

41 Section 20. Common Expenses.

I fj I
m NCTTCF. OF COT.T.F.CTTON

I
The board shall give written notice to each unit owner of the amount
[ I 1 estimated by the board for the forthcoming budget year. This notice shall
be directed to the unit owner at his last known address by ordinary mail or

II% f hand delivery. In the event common expenses are not paid by the unit
owner as required, the board may assess fines, liens, delinquency
assessments, costs of collection and interest at 8% per annum.
ill
tit :
111 4
i? Any surplus of common expense funds remaining after payment of the
Ill common expenses may be used by the association for any lawful purpose.

ill1 I The unused portion shall be proportionately divided amount unit owners,
based on their interests in the common elements. This surplus shall be

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U" KB
credited to the unit owners' forthcoming years annual common
expense
assessment.

Section 21. Amendments to Rv-T.aws. These by-laws may be amended,

altered
or repealed at any association meeting upon which previous
notice to amend, alter or
repeal has been given to unit owners. These by-laws may be amended with an
!- affirmative vote in person or by proxy of a majority of the association
members in good
standing. No amendment of these by-laws shall be effective until recorded
SC.;.' in the same
3-% office as the existing by-laws. (County Register)
M P
' m
i ARTICLE V
s:!
OFFICERS
m
m
Sectiofi 1. Designation. The principal officers of the Association
fl President, the Vice President, the Secretary and Treasurer, all of whom
shall be

ii:«
shall be elected by
the Board of Trustees. The Board of Trustees may appoint an Assistant Treasurer,
r and
m Assistant Secretary and such other officers as in its judgment may be necessary.
-m
m Sectioh 2. Election of Officers. The officers of the Association
shall be elected
V by the Board of Trustees at the organization meeting of each new
1 ft*
office at the pleasure of the Board of Trustees.
Board and shall hold

iM i; Section 3. Removal of Officers. Upon the affirmative vote of

a majority of the
m !;: members of the Board of Trustees any officer may be removed
with or without cause and
w his successor may be elected at any regular meeting of the Board
of Trustees or at any
s special meeting of the Board called for such purpose.
m
'M
?ji
1 Section 4. President. The President shall be the Chief Executive Officer of the
Association. He shall preside at all meetings of the Unit Owners
and of the Board of
Trustees. He shall have all of the general powers and duties which
are incident to the
m office of President of a corporation organized under New Jersey
law, including, but not
M limited to, the power to appoint committees from among the Unit
£ time as he may, in his discretion, deem appropriate to assist in the
Owners from time to
conduct of the affairs
of the Association.
;a

Section 5. Vice President. The Vice President shall take place

I of the President
and perform his duties whenever the President shall be absent or unable
& to act. If neither
1 the President nor the Vice President is able to act, the Board of
Trustees shall appoint
V some other member of the Board of Trustees to act in the
;js place of the President on an
interim basis. The Vice President shall also perform such other
duties as shall, from time
to time, be imposed upon him by the Board of Trustees or the President.

m Section 6. Secretary. The Secretary shall (a) keep tire minutes of

all meetings of
1 Unit Owners and of the Board of Trustees (b) have charge of such
books and papers as
m the Board of Trustees may direct and (c ) in general, perform
al the duties incident to the
office of Secretary of a corporation organized under New Jersey
Law. The Secretary

i 'shall also perform such duties for any committees as the Board
President may so direct.
of Trustees or the

I:
Section 7. Treasurer. The Treasurer shall have the responsibilit
y for Association
M funds and securities and shall be responsible for keeping full
and accurate financial
m records and books of account showing all receipts and disbursemen
ts, and for the
preparation of all required financial data. He shall be responsible
for the deposit of all
monies and other valuable effects in the name of the Association
in such depositories as
.;i may, from time to time, be designated by the Board of Trustees,
and he shall generally
perform all duties incident to the office of Treasurer of a corporation
under New Jersey
li'.
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account of the •]
He shall render to the President
and the Board of Trustees full I i
law.
financial condition of the Asso ciation at the regular meetings of the Board
of Trustees
a 1 :
so require.
shall
dent or the Board of Trustees i
and whenever either the Presi
1 IE
ve any compensation 5
Officers. No officers shall recei
Section 8. Compensation of they shall be entitled to 1 %
acting as such exce pt that i:
from the Association for arge of their duties.
reasonably incurred in the disch 43 U:
reimbursement fir all expenses 4-
All agreements, m
s. Checks. P.tc. . -?|
Section 9. Agreements. Contracts. Deed ciation shall be
ment s of the Asso •«'3>
s and other instru $
contracts, deeds, leases, check or by such other perso n or persons as -
rs of the Association
executed by any two office "•'3

may be designated in writin

g by the Board of Trustees. %
administrators
i. Each Officer, his heirs, i
, Section 10. the Association against any
nified and held harmless by
and executors shall be indem incur red in connection with any
action or
4
and coun sel fees reaso nably
losses, expenses a party
proceeding in which said
officer, his heirs, administra
tors and executors are made
in such
•J m
ded, howe ver, that shou ld such officer be adjudged
by reason of such office; provi
misconduct, the aforesaid
l
of gross negligence or willfu
action to have been guilty such officer shall be indemnified
In the event of a settlement, :
indemnity shall not apply. the Association is advised by
its
I:
red by the settlement which %
only as to such matters oove or willfu l misconduct of such officer
such gross negli genc e
counsel is not the result of by the Board of Trustees. Such
t such settlement is approved
ai d only if and to the exten the office rs as such to the extent herein
to encompass acts of
in lemnification is intended
p-ovided and is not
by
inten
such
ded to
office
be
r as
opera
Unit
tive with respect to any dutie
Owne rs or Association members.
s, obligations or
.1 r
liabilities assumed 3e
1 Pv" :
ARTICLE VI I HI-

PERTY
¥
OPERATION OF THE PRO i
mon Expenses. The Board &
and Establishment of Com
Section 1. Determination
or Trustees shall from time
to time, and at least annu ally, prepare a budget for the A I-
Com mon Expe nses payable by the Unit ill
g the amount of
Condominium, determinin nses amon g the Unit Owners or, in
assess such Common Expe
Owners, and allocate and
us amon g the Unit Owne rs in accordance i m
bute said common surpl •<
the case of surplus, distri the common surplus %
intere sts in the Com mon Elements or apply t if
with their respective ing the year in which the
common
against the Common Expe
nses for the year follow
de, among other things, the cost ' 1
Common Expenses shall inclu
surplus was created. The red to be or which have been
c:' insurance premiums on
all polic ies of insur ance requi I P
the provi sions of Section 2 of ARTICLE
obtained by the Board of
Trustees pursu ant to h-
nts as this Board of Trustees
shall also include such amou /<;
5 1. The Common Expenses
may deem proper for the
and maintenance of the
operation
Condominium Property,
ciation, for a
•fl Kv
m
ing capital of the Asso
d to, an amount for work
including, but not limite mon Expe nses for any

1
it in the Com
and to make up any defic
general operating reserve, ees, with the appro val of the
Board of Trust
prior year. Despite the above, the ve in any single year.
provi de for an annu al contribution to the reser .k
/ ssi-ciation, may red for the
amounts as may be requi
may also include such i
"1 ;e Common Expenses Owners, of any
Asso ciatio n or its desig nee, on behalf of all Unit
p ,:rr hase or lease by the e or other 4
is to be sold at a foreclosur
Residential Unit which
Residential Unit, or of any ptly, in writing, of s
e all Unit Owners prom
j' dicia! sale. The Boar
d of Trust ees shall advis
of them respectively, as
determined by i r
Expenses payable by each
the amount of Common s of each budget on which such
the Board, and shall furnis
h to all Unit Owne rs copie
in these By-Laws to the
contrary, the I
based. Despite anything
( 'ornmon Expenses are liabil ity or expend any funds
Hoard of Truslees shall not
have the authority to incur any
nts m
respect of capital improveme
rs or the Association in A r
in behalf of the Unit Owne of the Association) in
(whe ther or not so designated on the books : i r
proposed to be made n, without, in each instan
ce the R7
fiscal year of the Associatio Kb
excess of $5,000.00 in any ative vote of 67% of the votes
cast on
prior authorization of the
Unit Owne rs by the affirm
a quorum shall be present. 4 i.
of Unit Owners at which
the question at a meeting
m.! .
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1J
Section 2. Insurance.
m
A. The Board of Trustees shall be required to obtain and maintain, to the extent
Iit:--
obtainable, the following insurance upon the Condominium Property and the equipment

i. and personal property owned by the Association. The policies so obtained shall be for the
benefit and protection of the Association and the owners of the Residential Units and
their respective mortgagees as their interest may appear. All policies shall be written
..a I?,:
with a company licensed to do business in the State of New Jersey and holding a rating of
1 "AAA" or better by Best's Insurance Reports or by an equivalent rating bureau should
Best's Insurance Reports cease to be issued. If agreeable to the insurer, such policies
r;- shall include provisions that they be without contribution, that improvements to
II Residential Units made by Unit Owners shall not affect the valuation of the
Condominium Property for the purposes of insurance and that the insurer waives its rights
of subrogation as to any claims against Unit Owners, the Association and their respective
fx families, employees, servants, agents, and guests. The insurance maintained shall cover
- i R*'. the following perils and contingencies.
:*
(1) CASUALTY: The Building and all improvements upon the Condominium
iff t
Sk-
Property and all personal property included therein, except such personal property as may
.0$. be owned by the Unit Owners in their respective Units, shall be insured in an amount
equal to the maximum insurable replacement value thereof (exclusive of excavation,
foundations and other construction components customarily excluded as determined
M periodically by the insurance company affording such coverage. Such coverage shall
afford protection against:
M &-
1 (a) Loss or damage by fire or other hazards covered by the standard extended
coverage endorsements; and
'M
(b) such other risks as from time to time shall customarily be covered with respect
M to buildings similar in construction, location and use as the building,
m including, but not limited to vandalism, malicious mischief, windstorm and
*4488
water damage.
m
(2) COMPREHENSIVE PUBLIC LIABILITY AND PROPERTY DAMAGE: In
such amount and in such forms, as shall be required by the Association, including, but not
limited to, water damage, legal liability, hired automobiles, non-owned automobiles and
off premises employee coverage.
«.
M p (3) WORKERS' COMPENSATION: Coverage to meet the requirements of law.
|l
I t.V- All liability insurance shall contain cross-liability endorsements to cover
liabilities of the Association and the Unit Owners, as a group, to an individual Unit
Owners.

r'f. Each Unit Owner shall have the right to obtain insurance, at his own expense,
affording coverage upon his personal property and for his personal liability and as may be
required by law, and shall obtain insurance, at his own expense, affording coverage upon
the betterments and improvements owned by said Unit Owner, but all such insurance
shall contain the same waiver of subrogation as that referred to hereinabove if same is
. a available, and must be obtained from the insurance company from which the Association
obtains coverage against the same risk, liability or peril if the Association has such
M coverage and if available from such company. However, a Unit Owner shall not be
obligated to purchase such insurance through the broker or agent used by the Association.
M
B. All insurance policies maintained by the Association shall be for the benefit of
' :
the Association and the Unit Owners, and their mortgagees, as their respective interests
may appear, and shall provide that all proceeds payable as a result of casualty losses shall
m be paid to the Association. All betterments and improvement insurance policies

4i
maintained by Unit Owners shall provide that all proceeds payable as a result of casualty

P ' -14-

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91 $
i p
losses shall be paid to Association for the benefit of the Unit Owners and the Association kj:

shall hold such proceeds for the benefit of the Association, the Unit Owners, and their m
respective mortgagees in the following manner:
4
il
(1) COMMON ELEMENTS: Proceeds on account of damages to Common
.1 a.

Elements shall be held by the Association to be used for repairs, reconstruction or

I
distribution as hereinafter set forth. r?
"Si

(2) RESIDENTIAL UNITS: Proceeds on account of casualty to the betterments

and improvements of a Residential Unit shall be held by the Association in the following
m
1 I
undivided shares: \
41

(a) In the case of partial destruction if the Building is to be restored or in the case ii Im
I
m
of total destruction when a determination is made hereafter provided to restore *1
IV
the Building, for the owners of damaged Residential Units in proportion to 4-.

the costs of repairing the damage suffered by each damaged Residential Unit. ;>.§s &
1 jg" .
(b) In the case of total destruction of the Building if the Building is not to be
restored, or in the case of partial destruction when a determination is made as 4 F'
hereinafter provided not to restore the Building for all Unit Owners in the
same proportion that the insurance proceeds paid to the Association on
3 fc'
account of his betterments and improvements policies of all Unit Owners. If
Xi fe'!: 4
I A*
In the event, a mortgage has been given on a Residential Unit, the share of the
m
Unit Owner shall be held for the mortgagee and the Unit Owner, as their interests may
appear, but this shall not be construed to give any mortgagee the right to determine or
Ik:
m.
participate in the determination of reconstruction or repair.

C. Proceeds of insurance policies received by the Association shall be

distributed to, or for the benefit of the Unit Owners having an interest herein, after -II &
paying or making provisions for payment of the expenses of the Association in obtaining
the proceeds, in the following manner:
!§
S=L\

(1) RECONSTRUCTION OR REPAIR: If the damaged property for which the ft-
gg,:---
proceeds were paid is to be repaired or reconstructed, the proceeds from policies m
t| • 4;
maintained by the Association shall be paid to defray the cost thereof and shall be applied
.;d m
first to the costs of repairing tite Common Elements and the balance, plus any proceeds
from policies maintained by Unit Owners, to the restoration of the Residential Units
sustaining damage, in proportion to the insured damage sustained by each. Any proceeds i
remaining after defraying all such costs shall be distributed by the Association to the
particular Unit Owners whose Residential Units sustained insured damage. All ; 8'
remittances to such Unit Owners shall be made payable to such Owners and their ill
respective mortgagees, if any, jointly.' , til

m FATT.TIRK TO RECONSTRUCTION OR REPAIR: If it is determined, in the iJi

manner provided in Section 3 of this Article, that the damage for which the proceeds are
paid shall not be reconstructed or repaired, then the Master Deed shall be terminated by • -4">v;
recording a deed of revocation, in accordance with the provisions of the Condominium ;:ll! w:
Act, and the proceeds thereupon from policies maintained by the Association shall be
£
distributed to all of the Unit Owners according to their respective interest in the Common . « ••I p .
Elements and the proceeds from each of the policies maintained by Unit Owners shall be .
distributed to the respective Unit Owner maintaining such policy, such remittance being a
payable by the Association to the Unit Owners and their respective mortgagees, if any, r'j
4 ,f-X
jointly. J."
J

Section 3. Damage hv Fire or Other Casualty-Reconstruction. If all or any part of 1

the Condominium Property of the Common Elements shall be damaged or destroyed by i; W:
casualty, the same shall be reconstructed or repaired by the Association using the ,,;H *
insurance proceeds, unless (a) the proceeds of insurance shall be inadequate by a , -Avf J
substantial amount to cover the estimated cost of restoration of . any essential ®
m
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ition
their
,:{• improvement or Common Elements or (b) such damage or destruction shall constitute

•i
J substantially total destruction of the Building or Buildings (c ) if at a meeting of the
members of the Association called prior to the commencement of such reconstruction or
mon
6.
^ or
i repair, 75% or more of the Unit Owners directly affected by such damage or destruction
V i- vote against such reconstruction or repair. If the Unit Owners shall determine not to
m r repair or restore the Condominium Property, tire Association shall proceed to realize upon
R &
j- the salvage value of the Condominium Property so damaged or destroyed either by sale or
ents

ving such other means as to the Association may deem advisable and shall collect the proceeds
ill ft &r of any insurance which insurance proceeds shall be distributed in accordance with

M Section 2 Paragraph C subparagraph (2) of this Article. Thereupon the net proceeds of
such sale, shall be considered as one fund to be divided among the Unit Owners in
ft
case
5
tore i proportion to their respective undivided percentage interest of the Common elements,
n to I after provision for liabilities of the Association and the Board of Trustees and Officers
lit. arising out of the performance of their duties hereunder. In such event, the Master Deed
shall be terminated by recording a deed of revocation in accordance with the provisions
» be r of the condominium Act. Any liens or encumbrances on any affected Residential Unit
e as A shall be relegated to the interest in the fund of the Unit Owners of such Residential Unit.

the t
on
Despite destruction of any Residential Unit and the resulting inability to occupy
M such Unit, the owner of that Residential Unit will remain liable for assessments for
Common Expenses until .such time as the Master Deed may be tenninated as aforesaid,
the and in the event of the reconstruction of his Residential Unit, liability for Assessments

nay

: or
M i shall continue. .

If the damage is only to those parts of a Residential Unit for which the
responsibilities of maintenance and repair are those of the Unit Owners, the Unit Owner
Y
be m
i'.fl
shall be responsible for reconstruction and repair after casualty. In all other instances, the
res ponsibility of reconstruction and repair after casualty shall be that of
fter the Association,
ing which shall obtain estimates of the costs and repair and shall, to the extent that the
;3 gi proceeds of insurance are not sufficient to defray the estimated cost of reconstruction and
A repair by the Association, assess all the Unit Owners in accordance with such additional

the
1 funds as may be required to complete the reconstruction and repair. The Association

ies '.JjS h shall not be required to restore or make available funds to restore improvements to or
within a Residential Unit made by the Unit Owner and not covered by insurance carried
ied Jg
S or required to be carried by the Association.
rds
tits S-:
The funds for payment of costs of reconstruction and repair after casualty which
f # shall consist of proceeds of insurance held by the Association and funds collected by the
m Association from assessments against Unit Owners shall constitute an account to be
M1 1 known as "Reconstruction and Repair Account," which shall be disbursed in payment of
such costs in the following manner:

he
I:' (a) To Unit Owner:
ire
it
The portion of insurance proceeds representing damage for which the
by K
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S3 ft responsibility of reconstruction and repair lies with the Unit Owner shall be paid
to such contractors, suppliers and personnel performing the work or supplying
be
i materials and services required for such reconstruction or repair in such amounts
on ft and at such times as the Unit Owner shall direct, or if there is a mortgage
t endorsement, then to such payee as the Unit Owner and the mortgagee jointly
ng -i1 h
shall direct. This shall not be construed to limit or modify the responsibility of
the Unit Owner to make such reconstruction or repair.

. (b) In the Even of Lesser Damage:

of I
-J: If the amount of the estimated costs of reconstruction and repair is less
he
than the total of the annual assessments for Common Expenses made during the
a K
year in which the casualty occurs, then the Reconstruction and Repair Account
ai
Is
ft- shall be disbursed in payment of such costs upon the order of the Board of
ft Trustees, provided, however, that upon request of a mortgagee who is a

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beneficiary of an insurance policy, the proceeds of which are included in the
Reconstruction and Repair Account, such Account shall be disbursed in the if
-a
manner hereafter provided for the reconstruction and repair of major damage.

(c) In the Event of Major Damage:

If the amount of the estimated costs of reconstruction and repair of the

Building or other improvements are more than the total of the annual assessments
for Common Expenses made during the year in which the casualty occurs, then Pp1
the Reconstruction and Repair Account shall be disbursed in payment of such
costs in the manner required by the Board of Trustees of the Association, but only
upon approval of any architect qualified to practice in the State of New Jersey and '
m
employed by the Association to supervise the work.

(d) Distribution of Surplus: If

fv
It shall be presumed that the first monies disbursed in payment in costs of
reconstruction and repair shall be from insurance proceeds. If there is a balance in 3-
the Reconstruction and Repair Account after payment of all costs of :j
reconstruction and repair for which the Account is established, and after 1 <1 I
distribution of any remaining insurance proceeds as to affected Unit Owners as H
provided for above, such balance shall be distributed to all of the Unit Owners
whose interests are reflected in such Account by reason of their having made
w k
payments of assessments thereto, in proportion to their contributions. 38

Section 4. Eayment of Common Expenses.

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A. All Unit Owners (including the Grantor as limited by Section 5 of the Master
Deed) shali be obligated to pay the Common Expenses assessed by the Board of Trustees
i
pursuant to the provisions of Section 1 of ARTICLE VI of these By-Laws. Payments
P
shall be made to the Association monthly, in advance, on the first day of each month at }:

the principal office of the Association or at such other place as may be designated for
m
such purposes by the Board o'f Trustees or pursuant to the provisions of these By-Laws. §
In the even a Unit Owner shall fail to make payment on his part of the Common Expenses m i: •

when due, said Common Expenses shall bear interest at a maximum legal rate permitted
under law from the due date set by the Board of Trustees until payment is made in full of 4-jj g£<

the Common Expenses due. Each member of the Association, other than the Grantor,
shall, in addition, be required to maintain with the Association a sum equal to a non
refundable 3/1 2th of the estimated annual assessment for his Residential Unit, or as
otherwise provided by law, as security against non-payment of future assessments.
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Except to the extent permitted to be used hereunder, the sums so paid as security against
non-payment of future assessments shall be held by the Association in a separate account, -1
or separate accounts which may be, but are not required to be, interest-bearing. Said sum 'v.
may be used by the Association for working capital and may be, but need not be, applied !
by the Board of Trustees against Common Expenses and Assessments which are in
arrears. Unit Owners shall be required to supplement said security from time to time by >
future payments in the event that the estimated annual assessments for future years is
increase, or if the amount theretofore paid has been applied in whole or in part for • .if
working capital or to cure a default by the Unit Owner. The Grantor shall not be required
to make any such prepayment of security deposit on account of any Residential Units
owned by it. . m:
.
B. No abandonment of the Residential Unit owned by a Unit Owner or a waiver
m
W m
of the use and enjoyment of any of the Common Elements shall exempt or excuse any
Unit Owner from his contribution toward such expenses. s

Section 5. Payment of Special Assessments. Special Assessments, when levied i

by the Board of Trustees pursuant to these By-Laws, shall be paid by the Unit Owners in
such manner as may be determined by the Board of Trustees; provided, however, that, I:
other than those special assessments levied pursuant to paragraph (t) of Section 2 of Jm ic-
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BK 5 5 6 I PG0565
special
member for such
tribution of each
IV of thes e By-Laws, the con as the Com mon Expenses
Article in the same manner
apportioned equally
assessment shall be
r Sec tion 1 of this Article.
pursuant to
All
A mon Expenses and
Assessments.
-a in Payment of Com ner for his
1 Section 6. Default ble to and pay able by a Unit Ow
rgea
and assessments cha in favor of the
Common Expenses lien against said
Residential Unit
shall constitute a of line with the offic
e
% Residential Unit g any suc h lien or noti ce
the necessity of filin ll be prior to all othe
r
Association without ial. The afor esa id lien sha
or Municipal offic
of any State, County
liens except:
assessments;
for prior charges and
g£'>" s by the Association
(a) any similar lien
Residential Unit;
aid taxes due on said
s and charges for unp
(b) assessments, lien
t.
such Residential Uni
es of record upon
i, ~
(c) permitted mortgag
of
ce of the County
in the Clerk's Offi
-i file a claim of lien the unpaid
The Association may on of fort y-five days after
t i iate form upon
the exp irati
esaid may be
Union in appropr able. The lien afor
ll be due and pay
or assessment sha and in the event
of such
Common Expense real esta te mor tgag es, ...

same -manner as , be entitled to reco

ver
foreclosed in the addition to the amo unt due
ociation shall, in with the reasonable
foreclosure the Ass ther !
s due, toge
h sum or sum Si
m legal rate on suc suit by the Associa
tion
interest at the maximu attorneys' fees. A
of suc h acti on, including costs and t for the unp aid Common
expenses ver a money judg
men
f ent member to reco ing or waiving the
lien
i against the delinqu
shall be maintainab
le without foreclos on of !f
upon the expirati
'I Expenses and asse
securing the same.
ssm ents
Both the foregoin
g acti ons sha ll be maintained
shall be due and pay
able, and, [*
ense or assessment
r any Common Exp menced by the
fifteen (15) days afte es, a fore clos ure action must be com
nuating circumstanc Expenses or
'3 except under exte after the Common
eighty (180) days
r than one hundred ent of any of the
Association not late to pay any installm
able. Failure of
assessment shall
be due and pay on of the Board
shall, at the opti
asse ssm ents when due, payment
Common Expens
es and
and pay able , as if no installment .•!
amount due to take any
the entire annual or board of Trustees
Trustees, render
n of the Association
rative. The failure rd of Trustees sha
ll not
h-..
provisions were ope n by the Ass ocia tion or Boa
required to be take .1
& action permitted or so in the future.
m of their right to do
constitute a waiver

ance and Repair

Section 7. Mainten
ther
mon Elements, whe
acements to the Com
Ef' e, repairs and repl the negligence,
m A. All maintenanc Uni t (unl ess necessitated by
idential or servants, in
outside of the Res guests, licensees,
i
'i1 located inside or
of a Unit Owner,
his tenant, agents,
t Owner), and
regardless of
misuse or neglect suc h Uni
M expense shall be
charged to
t Owners, shall be
made by the
which case such eby to par ticu lar Uni
special benefit ther
whether there is bers as a Com mon Exp ens e.
charged to all mem
JO'
. ' V-1 Association and be
I
£ e and repairs to
such portion of
any Residential
Unit which
nging
B. All maintenanc , or any part or parts thereof belo
mon Elements the
;'A a part of the Com and carefully by
does not comprise ners, shall be mad e pro mp tly
M t to other Unit Ow cost and expense.
in whole or in par tial Units at thei r own risk,
owing such Residen es, including
member or members s, costs or expens
4 damages, liabilitie
mem ber sha ll be liable for any to pro mp tly and /or carefully
Each of his failure
% attorney s' fees , cau sed by or arising out
repair work.
maintenance and
perform any such
air or
es a necessary rep
3
m the Association
or Unit Owner mak
obligation of the
C. In the event ed that the same was the
determin
it is subsequently acement shall
replacement and for the repair or repl
been responsible
ty who shall have t for the cost of the
same or
other, then the par ir or repl ace men
such repa
ty who has made
indemnify the par
M shall make paymen
t directly to the pers
on entitled ther eto.

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Section 8. Restriction nn Use of Residential Units, In order to provide for
Hv ;
congenial occupancy of the Condominium Property and for the protection of the values of
the Residential Units, the use of the Condominium Property shall be restricted to and
shall be in accordance with the following provisions:

(a) The Residential Units shall be used as single family, private residences
only, provided, however, subject to sub-paragraph (d) of Section 8 of this Article
VI, the Board of Trustees, upon request by a Unit Owner or purchaser of a uc
5
f.
Residential Unit, may authorize the use of the Residential Unit for Professional i 3
uses. Any such authorization shall be pursuant tot such limitations as the Board Si
Efi
of Trustees may prescribe and in any event shall be personal to the Unit Owner or
purchase of a Unit making application therefor and shall not be transferable either
with or without the Unit. The Board of Trustees shall establish appropriate rules
and procedures relating to the making of a request for authorization under this
sub-paragraph (a) as the Board of Trustees may in its sole discretion determine. : 'is

(b) The Common Elements as well as the property and facilities of the
Association shall be used only for the furnishing of the services and facilities for
which they are reasonably suited and which are incident to the private residential
use and occupancy of Residential Units and to the use of parking spaces
accessory to suchprivate residential use.
i-
(c) No nuisances shall be maintained by the Unit Owner, nor shall any use
or practice be allowed by any Owner which interferes with the peaceful
possession or proper use of the Residential Units or Common Elements by Unit
Owners.
Iav'.
(d) No unlawful use shall be made of any Residential Unit or part thereof
or of any of the Common Elements, and all valid laws, zoning ordinances and
regulations, of all governmental bodies having jurisdiction thereof shall be
observed. Violations of laws, rules, orders, regulations or requirements of any :
' *
governmental agency having jurisdiction thereof shall be cured and complied
with, by and at the sole expense of the Unit Owners or the Association, whichever r<sm
shall be the responsibility therefor. I
(e) No portion of any Residential Unit (other than the entire m:
tenants may be 11
Condominium Unit) may be rented, and no transient
accommodated therein.
M I
1
Section 9. Additions. Alterations or Modifications. No member shall make or
cause to permit to be made any structural additions, alterations, or improvements in or to
prior
ft
his Residential Unit (or elsewhere on the condominium Property) without the
the
written consent thereto of the Board of Trustees or impair any easement without H
such
written consent of the Board of Trustees or of the Unit Owner(s) for whose benefit .1
way of
easement exists. For purposes of this Section, (by way of example and not by
wiring,
limitation) any change, in location of interior walls, door locations, common 4 SI'
piping and duct work and similar alterations shall constitute a structural alteration
i
requiring the consent of the Board of Trustees. The provisions of this Section shall
apply to Residential Units owned by the Grantor until such Residential Units shall
not
have
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Sift
been initially sold by the Grantor and title transferred to the Unit Owner. Nothing
shall be construed to prohibit the reasonable adaptation of any unit for handicapped
herein
use.
' is I
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While the sponsor maintains a majority of the Board of Trustees, it shall make no
I
additions, alterations, improvements or purchase not contemplated in this Offering which . 4|| &
: would necessitate a special assessment or a substantial increase in the monthly
assessment unless required by a government agency, title insurance company,
mortgage m
! lender or in the event of an emergency.
'
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Section 10. Use of Common Elements and Facilities. m

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s for
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and A. A Unit Owner shall not place or cause to be placed in the Common Elements,
rl
It other than in the areas designated as storage areas, if any, any furniture, packages, or
objects of any kind. The stairways shall be used for no purpose other than for normal
nces transit.
tide
of a I B. Unit Owners shall require their tradesman to utilize exclusively the areas
onal designated by the Association for transporting or delivering packages, merchandise or
oard any other objects which may affect the comfort or well being of Unit Owners, residents
and guests.
:ror

fher '
I
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ules ! Section 1 1. Right of Access. A Unit Owner shall grant a right of access to his
this Residential Unit to the Association or any person authorized by the Association for the
purpose of making inspections, or for the purpose of correcting any condition originating
in his Residential Unit and threatening any Residential Unit or Common Element, or for
the the purpose of performing installations, alterations, or repairs to the mechanical or
for vi electrical services or other Common Elements in his Residential Unit or elsewhere in the
tial
ces
I Condominium Property, or to correct any condition which violates the provisions of any
mortgage covering another Residential Unit; provided that requests for entry are made in
1
z;ri:£
m advance and that any such entry is at a time reasonably convenience to the Unit Owner.
m
II II In case of an emergency, such right of entry shall be immediate whether" the Unit Owner
is present at the time or not. To perfect such rights or entry as hereinabove set forth, each
use
1
-fui Unit Owner shall be required to deposit a set of keys to said Unit with the Manager or
nit such other party designated by the Board of Trustees.
m
& - Section 12.—Additions. Alterations or Improvements bv Association. The
so f
nd 4-1 r Association shall have the right to make or cause to be made alterations and
improvements to the Common Elements (which do not adversely prejudice the right of
i'i
be
ny
r any Unit Owner unless his written consent thereto had been obtained) provided the
making of such alterations and improvements is first authorized by the Board of Trustees
ed fe of the Association and approved by not less than a majority of the Unit Owners.
er i Notwithstanding the above, redecorating and minor alterations shall not require the
approval of the Association. The costs of such alterations and improvements shall be
assessed as Common Expenses, unless in the judgment of not less than 75% of the Board
re M of Trustees, the same are exclusively or substantially for the benefit of the Unit Owners
)e
"M K requesting the same, in which case such requesting Owners shall be assessed therefor in
I! such proportion as they approve jointly, and, failing suck approval , in such proportions
>YJ % as may be determined by the Board of Trustees.
>r

o />jg Section 13. Rules of Conduct. Subject to the right of a majority of Unit Owners
>r
$• to change any such rules as provided in N.J.S.A. 46:8B-14(c ), rules and regulations
e
& concerning the use of Residential Units and the Common Elements may be promulgated
.->11
h and amended by the Board of Trustees. Copies of such rules and regulations shall be
k& p'.
r furnished by the Association to each Unit Owner and shall be binding upon all Unit
"M Owners, occupants of Residential Units and other users of the premises.
l

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II'i
ARTICLE VII

i
m
SALES, LEASES, AND MORTGAGES OF RESIDENTIAL
UNITS

Section 1 . Sale or Lease or Other Disposition of Residential I Jnits.

tq A. No subleasing by a lessee of a Residential Unit shall be permitted. The Board

• >:&
, :-A of Trustees shall have the right to require that a uniform form of lease be used. No lease
•V'S arrangement shall be for a term of less than two (2) months, unless otherwise approved by
the Board of Trustees.

B. In the event of any transfer of a Unit to a corporation or partnership, the

} approval of such ownership may be conditioned by requiring that all present or future
occupants thereof shall also be first approved by the Association.

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C. The foregoing provisions have been established in order to maintain a

community of congenial residents in the Building and to assure the ability and
responsibility of each Unit Owner to pay those obligations required to be paid by the said
Unit Owner. Under no circumstances may the provisions hereof be used to foster
<m
discrimination or to deny the purchase or lease of any Unit on account of a person's race,
religion, creed, sex, marital status or place of national origin. tt:
I
Section 2. Foreclosure. In the event of foreclosure proceedings against a Unit i
-V '
Owner, the Association on behalf of one, or more Unit Owners, shall have the right to
satisfy the lien for the amount due thereon in return for an assignment of said lien, or to
purchase such Residential Unit at the foreclosure sale. In the event that the Association'
has so acted on behalf of all Unit Owners, it shall have the right to assess all Unit Owners
for the costs thereof, in proportion to their interest in the Common Elements.

Section 3. Residential Units Acquired or Lease by the Association. All

Residential Units acquired or lease by or on behalf of the Association shall be held by the
t.
Association on behalf of all Unit Owners in proportion to their respective interests in the f II
Mi
Common elements, provided, however, that the votes appurtenant to the Residential Si
Af
Units so acquired shall not be voted by the Board of Trustees or their designee at
meetings of the Association and the vote of such Residential Units shall be disregarded it
for all purposes. Each Unit Owner may be required to execute a power of attorney on m
behalf of the Board of Trustees and their successors for the purposes of carrying out the "4 *y

intention of the foregoing. iv

bi

section 4. Payment of Assessments. No Unit Owner shall be permitted to

convey, mortgage, pledge, hypothecate, sell or lease his Residential Unit unless and until
he shall have paid in full to the Association all unpaid Common Expenses theretofore
••-ill
}•)
assessed by the Association against his Residential Unit, as well as any special m::
assessments for damage or otherwise and any deficiency in the escrow account and until
he shall have satisfied all unpaid liens against such Residential Unit. The transferee of a
5 I:
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Residential Unit shall be liable for payment of any such charges to the Association,
without prejudice to the right to the transferee to have recourse against the transferor for
1 sV
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the amount so paid by him. In the event either a holder of a first mortgage of record of a
purchaser at a foreclosure sale obtains title of said mortgaged Residential Unit, such
•:! x W'
acquirer of title and his or its successors or assigns shall not be liable for, and, in the m
V3
event said lien has not been satisfied at the foreclosure sale, thereafter, the Residential
Unit shall not be subject to ? - en for, Common Expenses assessed prior to the acquisition
4
si
of title by such mortgagee oi purchaser at a foreclosure sale. In the event of a foreclosure
of a first mortgage, in the event the proceeds of the foreclosure sale shall not be sufficient
m
for the payment of such unpaid Common Expenses, the unpaid balance shall be charged £3 •V
~r'
to all Unit Owners as a Common Expense, including such acquirer of title, and his or its i m
successors or assigns. a Si
m
Section 5. Waiver of Right of Partition with Respect to Residential Units m K
Acquired hv the Association. In the event that a Residential Unit shall be acquired by m pi
the Association or its designee on behalf of all Unit Owners as tenants in common, all
such Unit Owners shall be deemed to have waived all rights of partition with respect to 4 f
3 w
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such Residential Unit.
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Section 6. Mortgage of Residential Unit. Each Unit Owner is entitled to
*j
A. -
mortgage his Residential Unit, provided that any such mortgage is made to a bank, trust
company, insurance company, Real Estate Investment Trust, savings and loan fit e
association, pension fund or other institutional lender, or a purchase money mortgage M -s
made to the Grantor (or seller) of a Residential Unit. All mortgages made in accordance
with the preceding sentence are referred to herein and in the Master Deed as permitted
mortgages and the holders thereof as permitted mortgagees. A permitted mortgagee of a
Residential Unit, upon request, may be entitled to written notification from the Board of
I 4
I
Trustees of any default by the mortgagor of such Residential Unit in the performance of 1
19
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'i such mortgagor's obligations under the Master Deed, these By-Laws or the rules
and
,-v-C;
regulations adopted pursuant thereto which default is not cured within thirty (30) days.

ARTICLE VIII

m
V- RECORDS
M
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.

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Section 1. Records and Audit. The Board of Trustees shall keep detailed records I
of its actions, minutes of the meetings of the Board of Trustees minutes of the meetings
of Unit Owners and financial records and books of account of the Association, including
a chronological listing of receipts and expenditures as well as a separate account for each
1

m Residential Unit which, among other things shall contain the amount of each assessment
of Common Expenses against such Residential Unit, the date when due, the amounts paid
1 thereon, the balance remaining unpaid and the amount of any interest in common surplus.
An annual report of the receipts and expenditures of the Association certified by an
independent certified public accountant shall be rendered by the Board of Trustees to all
Unit Owners and to all mortgagees of Residential Units who have requested the same,
promptly after the end of each fiscal year. The cost of such report shall constitute a
m iv' • Common Expense. The accounting records of the Association shall be maintained in
accordance with generally accepted accounting principles and shall be open to inspection
at reasonable times to all Unit Owners and holders of permitted mortgages.
Bp
I ARTICLE IX

fir."-
DISSOLUTION

Section 1. Procedure. The provisions of the then applicable laws of the State of
iK
New Jersey, including the provisions of the Condominium Act, shall be followed should
na it be deemed advisable that the Association be dissolved, subject to the rights of any
> ! mortgage or lienor with respect thereto.

r Section 2. Ownership TTpnn Dissolution. In the event of dissolution, the

m Condominium Property shall thereupon be owned by all of the Unit Owners as tenants in
common, each having an undivided percentage interest therein equal to his proportionate
m <!x - part of the Common Elements owed prior to termination. Each Unit Owner may be
•-*
required to execute such deed and any other document or instrument which may be
m
3 m reasonably required to effect the sale of the Condominium Property by the Association
r
W-- ! following a decision to dissolve the Association.
mm
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m y ' • ARTICLE X

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I COMPLIANCE WITH BY-LAWS AND MASTER DEED

Section 1. Penalties. These By-Laws, the rules and regulations adopted pursuant
hereto, all future amendments hereof and thereof, and the covenants and restrictions in the
M Master Deed shall bo strictly complied with by each Unit Owner. Failure to comply with
any of the same shall entitle the Association to bring suit to recover monies due or for
U damages and/or injunctive relief or both against the offending Unit Owner. If suit has
V- been instituted by the Association and the Unit Owner has been found by the Court to
"$S have committed the violation complained of, the Unit Owner shall reimburse the
Association for reasonable attorneys' fees and costs as may be permitted by the Court.
US Nothing herein shall be deemed to preclude any Unit Owner from bringing action for
relief against another Unit Owner or Unit Owners or the Association for a violation which
v! !l: affects such aggrieved Unit Owner's occupancy.
Iv
m ARTICLE XI

' «
MISCELLANEOUS

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Section 1. Notice. All notice herein shall be sent by registered or certified mail to
' tl
the Association, care of the Secretary, at the office of the Association, or to such other
M m
•'m
address astheBoardof Trustees may hereafter designate from time to time in writing to
all Unit Owners and, when required by the Master Deed, these By-Laws or the
Condominium Act, to all holders of recorded mortgages of Residential Units. All notices
jr.' '
to any Unit Owner shall be sent by registered or certified mail to the address designated
-a
for his Residential Unit, or to such other address as may have been designated by such
Unit Owner from time to time in writing to the Association. All notices to holders of I
recorded mortgages on Residential Units shall be sent by registered or certified mail to m
their respective addresses or designated by them from time to time in writing to the m
Association. All notices shall be deemed to have been given when mailed except notices
of change of address which shall be deemed to have been given when received.
ml
Section 2. Invalidity. The invalidity of any part of these By-Laws shall not -I
impair or affect in any manner the validity, or enforceability or effect of the remainder of 1
;p.
these By-Laws. •
si
Section 3. Captions. The captions herein and the table of contents arc inserted
only as a matter of convenience of reference and in no way define, limit or describe the m 1;
scope of the By-Laws or the intent of any provisions hereof.

Section 4. Gender. The use of the masculine gender in these By-Laws shall be
deemed to include the feminine or neuter gender, as the circumstances may require, and
the use of the singular shall be deemed to include the plural whenever the context so
requires.
I
Section 5. Waiver. The failure of the Board of Trustees or Managing Agent to jst*
insist, in any one or more instances, upon the strict performance of any of the terms,
covenants, conditions or restriction of the Master Deed, these By-Laws, or the Rules and
Regulations, or to exercise any right or option herein or therein contained or to serve any
notice or to institute any action shall not be construed as a waiver or a relinquishment for
the future of such term, covenant, restriction, option or right, but such term, covenant, I
it .
restriction, option or right shall remain in full force and effect. The receipt by the Board
of Trustees or Managing Agent or any payment of assessments from any Unit Owner,
with knowledge of the breach of any covenant hereof or thereof, shall not be deemed a
waiver of such breach.

ARTICLE XII
. m
AMENDMENTS TO BY-LAWS ji
ll
Section 1. i. Except as hereinafter otherwise provided,
:J1 I'8-,
these By-Laws may be modified or amended by the affirmative vote of at lease 67% of all
Unit Owners (whether or not present) at a meeting of Unit Owners duly held for the
?!i
purpose; provided, however, if the Condominium Act or the Master Deed shall require
the consent or agreement of all Unit Owners or of all lien holders for any action specified
in the Act or in the Master Deed, then any amendment or amendments with respect to
j Bv
it
such action shall require unanimous consent or agreement as may be provided in the
I
Condominium Act or in the Master Deed and further provided that if such amendment
shall make any change which would have a material effect upon any of the rights,
privileges, powers and options of Grantor (including by way of illustration and not .1
limitation the ability of Grantor to market any Units then owned by Grantor at a til it-:
.5
commercially reasonable price), such amendment shall not be effective without the
joinder of Grantor; and further provided that if such amendment would, in the opinion of
the Board of Trustees, have an adverse effect upon the holder of any permitted mortgage,
such amendment shall not be made without the written approval of the holders of all
permitted mortgages so affected, which approval shall not be unreasonably withheld or
I St
m
delayed. The developer shall not be permitted to cast any votes held by him for unsold t
lots, parcels, units or interests for the purpose of amending the master deed, by-laws or
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any other document for the
A: purpose of changing the
ft m- interest, and for the purpo
se of reducing the common
permitted use of a lot, parce
l, unit or
i :?!j p: amendment shall be effec
elements or facilities. Each
such
;

i 'i r; m.
I forth the amendment and
more officers of the Gran
tive upon the recording of
its due adoption, execution
an appropriate instrument
and acknowledgment by
setting
one or
£ tor or the Board of Truste
IP
'i.v-l
Deed shall be recorded and
shall not become effective
es. All amendments to this
until recorded in the same
Master
r which the Master Deed was office in
$ i recorded.
Hi
a ARTICLE XIII

m"v. v
CONFILICTS
Am
A i Section 1 . Conflicts. In case
k A
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any of these By-Laws confl
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ominium Act, the provisions
may be, shall control.
of said Master Deed or the

'<"1 Y
" i-r
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•M
&
MISCELLANEOUS
I
JC'
(A) Subject to the master deed,
declaration of covenants and
S3; instruments of creation, the
association may do all that
restrictions or other
it is legally entitled to do
*• the laws applicable to its form
of organization.
under
¥
F (B) The association shall
Al m
furthers the health, safety and
discharge its powers in
a manner that protects and
& general welfare of the reside
nts of the community.
31 A (C) The association shall provi
K de a fair and efficient proce
of disputes between individual dure for the resolution
unit owners and the assoc
iation, and between differ
4 unit owners, that shall be
readily available as an altern ent
v.! ative to litigation.
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 Inst. # 2020080171 - Page 1 of 6

Essex County Register Document Summary Sheet

Transaction Identification Number 4552497 4311708

ESSEX COUNTY REGISTER OF DEEDS & MORTGAGES

Recorded Document to be Returned by Submitter to:
STARK AND STARK, A PROFESSIONAL
HALL OF RECORDS - ROOM 130 CORPORATION
993 LENOX DR
465 DR. MARTIN LUTHER KING BLVD
LAWRENCEVILLE, NJ 08648
NEWARK NJ 07102

Official Use Only Submission Date (mm/dd/yyyy) 08/18/2020

No. of Pages (excluding Summary Sheet) 4

Recording Fee (excluding transfer tax) $73.00
JUAN M. RIVERA, JR
REG. OF DEEDS & MORTGAGES
ESSEX COUNTY Realty Transfer Tax $0.00
New Jersey
Total Amount $73.00
DOCUMENT TYPE Document Type DEED-NO CONSIDERATION
i
INSTRUMENT NUMBER
2020080171
RECORDED ON Electronic Recordation Level L2 - Level 2 (With Images)
Aug 20, 2020
7:56:26 AM Municipal Codes
Total Pages: 6
ORANGE 17
NJ PRESERVATION ACCOUNT $30.00
REGISTER RECORDING FEE $40.00
HOMELESSNESS TRUST FUND $3.00
TOTAL PAID $73.00
INV: 391948 USER: BB

412887

Additional Information (Official Use Only)

* DO NOT REMOVE THIS PAGE.

COVER SHEET [DOCUMENT SUMMARY FORM] IS PART OF ESSEX COUNTYREGISTER FILING RECORD.
RETAIN THIS PAGE FOR FUTURE REFERENCE.

6307275_8M18D(16H50M28S753)/4552497 4311708 Page 1 of 2

 Inst. # 2020080171 - Page 2 of 6

Essex County Register Document Summary Sheet

Type DEED-NO CONSIDERATION

Consideration $0.00

Submitted By STARK AND STARK, A PROFESSIONAL CORPORATION

/r'cr'/TMricn cvct'ca-tc rxir'»

Document Date 08/17/2020

Reference Info

Book ED Book Beginning Page Instrument No. Recorded/File Date

DEED-NO GRANTOR Name Address

CONSIDERATION
HIGHLAND LOFTS CONDOMINIUM
ASSOCIATION INC

GRANTEE Name Address

NONE

Parcel Info

Property Type Tax Dist. Block Lot Qualifier Municipality

17 NONE NONE 17

* DO NOT REMOVE THIS PAGE.

COVER SHEET [DOCUMENT SUMMARY FORM] IS PART OF ESSEX COUNTYREGISTER FILING RECORD.
RETAIN THIS PAGE FOR FUTURE REFERENCE.

6307275_8M18D(16H50M28S753)/4552497 4311708 Page 2 of 2

 Inst. # 2020080171 - Page 3 of 6

AMENDMENT TO THE MASTER DEED AND BY-LAWS

OF
HIGHLAND LOFTS CONDOMINIUM ASSOCIATION. INC.

WHEREAS, Highland Lofts Condominium Association, Inc. ("Association"), was

formed and exists, in part, by the recording of a Master Deed on October 2, 1998 in the Essex
County Clerk’s Office in Deed Book 5561, Page 543, et seq., as it may be amended from time to
time (“Master Deed”); and

WHEREAS, the Master Deed, as recorded, included By-Laws of the Association; and

WHEREAS, the Association’s Board of Trustees determined that to better administer and
operate the Association, the Master Deed and By-Laws should be amended; and

WHEREAS, on July 16, 2020 at a duly noticed meeting of the Association, the members
of the Association voted on whether to amend certain provisions of the Master Deed and By-
Laws; and

WHEREAS, the requisite number of members of the Association voted to approve each
of the Master Deed and By-Laws amendments; and

NOW THEREFORE, the Association does hereby amend, modify and supplement the
Master Deed and By-Laws as follows:

A. Master Deed Paragraph 7. Master Deed Paragraph 7 shall be deleted in its

entirety and replaced with a new Section 7 entitled “Alternative Dispute Resolution” to read:

7. ALTERNATIVE DISPUTE RESOLUTION. The

Association shall provide a fair and efficient procedure for the resolution of
housing related disputes between individual unit owners and the Association and
any Unit Owner and between Unit Owners which shall be readily available as an
alternative to litigation. The alternative dispute resolution offered by the
Association shall be mediation or other procedure designated by the Board of
Trustees providing the procedure offers the involved parties a fair and efficient
procedure.

B. Bv-Laws Article VI. Section 8(ef. By-Laws Article VI, Section 8(e) shall be
deleted in its entirety and replaced with a new Section 8(e) to read:

(e) No portion of any Residential Unit (other than the entire

Condominium Unit) may be rented, and no transient tenants may be
accommodated therein. Rentals of Units shall be further subject to the provisions
of By-Laws Article VII, Section 1(A) herein.

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 Inst. # 2020080171 - Page 4 of 6

C. By-Laws Article VII, Section HA). By-Laws Article VII, Section 1(A) shall be
deleted in its entirety and replaced with a new Section 1 (A) to read:

A. Unit Owners shall have the right to rent their Residential

Units in accordance with the Master Deed, these By-Laws, and rules and
regulations promulgated by the Board of Trustees. Renting and leasing shall mean
any agreement, such as by lease, rental agreement, or other contractual
arrangement, which permits the use and/or occupancy of a Unit by individuals
other than the Owner for any period of time and shall include, without limitation,
arrangements through on-line marketplaces which match those looking for
accommodations such as AirBNB and VRBO. All Units which are rented must
be subject to written leases, the form of which shall be subject to approval by the
Board of Trustees; such leases shall expressly state that the use of the Unit is
subject to the Master Deed, By-Laws and rules and regulations of the Association.
No Owner shall rent, lease, or enter into any arrangement for the use and/or
occupancy of a Unit for a period of less than two months (except in the event of a
lender in possession of a Unit following default of a first mortgage). No Owner
shall permit the use and/or occupancy of a Unit for transient or hotel purposes
which shall mean any rental or arrangement for use and/or occupancy where the
users or occupants of the Unit are provided customary hotel services such as room
service for food and/or beverages, maid service, laundry and/or linen service or
bellboy service. No Owner may rent, lease or enter into an arrangement for the
use and/or occupancy of less than the entire Condominium Unit. Subleasing of a
Residential Unit is prohibited. Owners who rent their Units must comply with all
municipal, state, and federal laws applicable to such rentals.

D. By-Laws Article IV, Section 2(d). By-Laws Article IV, Section 2(d) shall be
deleted in its entirety and replaced with a new Section 2(d) to read:

(d) Adopting and amendment of rules and regulations covering

the operation and use of the Condominium Property. The Board of Trustees
shall have the power to adopt a system of fines and to impose fines against a Unit
Owner for violation of any such rules and regulations of the Association or for
violations of any covenants or restrictions contained in the Master Deed or By-
Laws whether such violations are committed by the Unit Owner or a member of
the Owner’s family, or tenant, guest or invitee of the Owner’s Unit,. No fine may
exceed the maximum amount permitted under the law; provided, however, that
for each day a violation continues after notice it shall be considered a separate
violation and a new fine may be imposed. Collection of fines may be enforced
against a Unit Owner in the same manner as if the fine were a Common Expense
owed by the particular Unit Owner. Notwithstanding the above, no fine shall be
imposed unless the Unit Owner is given written notice of the action taken and of
the alleged basis for the action, and is advised of the right to participate in the
Association’s dispute resolution procedure.

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4815-6104-4676, v. 1
 Inst. # 2020080171 - Page 5 of 6

E. The remainder of the Master Deed and By-Laws shall remain unchanged.

F. Notwithstanding the full execution of this Amendment, this Amendment shall not
take effect until the recording of same in the Essex County Clerk's Office.

IN WITNESS WHEREOF, the undersigned have executed this Amendment to the Master
Deed and By-Laws of Highland Lofts Condominium Association, Inc. the day and year listed
above.

ATTEST: HIGHLAND LOFTS CONDOMINIUM

/ ,
ASSOCIATION, INC.
;i
■r-' /
? ..
By: M^orWC^------ A-
jemima Biscombe, Treasurer Jacqueline Allen, President

» \

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4815-6104-4676, v. 1
 Inst. # 2020080171 - Page 6 of 6

CORPORATE ACKNOWLEDGMENT

STATE OF NEW JERSEY )

) ss.
COUNTY OF ESSEX )

-V'v— Am U £ 2020, Jacqueline Allen personally

On the j 1 day of
appeared before me and this person acknowledged under oath, to my satisfaction, that:

(a) this person signed and delivered the foregoing document as the President of
Highland Lofts Condominium Association, Inc. ("Association") named in this document; and

(b) this document was signed and delivered by the Association as its voluntary act
and deed by virtue of authority from its Board of Trustees.
//
/
Sworn and subscribed to^efore me
this /^-^MdayVf ,^0^0.
*
/ AARON HARRIS
L. Notary Public - State of NewJersey
Jl
My Commission Expires Jun 5,
NOT. ’UREiCANEW JERSEY

RECORD & RETURN TO;

STARK & STARK
ATTN: MARY W. BARRETT, ESQUIRE
992 LENOX DRIVE
LAWRENCEVILLE, NJ 08648

C:\Users\MBarrelt\ND Office Echo\VAULT-0OW.IG8FT\amendment 0723.20 4815-6104-4676 v. 1 .docx

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