Last Update 6 May 2019

Section 8.06. Animal Regulations. No animals, livestock, reptiles or poultry shall be kept in any Residence except that usual and ordinary domestic dogs, cats, fish and birds inside bird cages may be kept as household pets within any Residence provided that they are not kept, bred or raised therein commercial purposes or in unreasonable quantities or sizes. As used in the Declaration, “unreasonable quantities” shall ordinarily mean no more than two (2) pets per Residence; provided, however, that the Board may determine that a reasonable number in any instance may be more or less. The Association shall have the right to prohibit maintenance of any animal which constitutes, in the opinion of the Board of Directors, a nuisance to any other Unit Owners. Animals belonging to Unit owners, occupants or their licensees, tenants or invitees within the Project must be wither kept within an enclosure, an enclosed patio or deck or on a leash being held by a person capable of controlling the animal. The enclosure must be so maintained that the animal cannot escape therefrom and shall be subject to the approval of the Architectural Committee of the Association. Should any animal belonging to a Unit Owner be found unattended out of the enclosure and not being held on a leash by a person capable of controlling the animal, such animal may be removed by Grantor (for so long as it owns an interest in any portion of the Property) or other occupant or Unit Owner within the Project, or a person designated by them to do so, to a pound under the jurisdiction of the local municipality in which the Project is situated and subject to the laws and rules governing said pound, or to a comparable animal shelter. Furthermore, any Unit Owner shall be absolutely liable to each and all remaining Unit Owners, their families, guests and invitees, for any unreasonable noise or damage to person or property caused by any animals brought or kept upon the Project by a Unit Owner or by members of his family, his tenants or his guests; and it shall be the absolute duty and responsibility of each such Unit Owner to clean up after such animals which have deposited droppings or otherwise used any portion of the common Areas.

Section 8.07. Rubbish Removal. All rubbish, trash, garbage and other waste shall be regularly removed from each Unit and shall not be allowed to accumulate therein. No refuse container shall be maintained on the Common Areas other than in the location and manner provided for by the Architectural Committee in accordance with its rules adopted from time to time. No storage area, machinery or equipment shall be kept or maintained in any Unit so as to be visible from the Common Areas. The Association shall be responsible for the costs of refuse storage, collection and removal which costs shall constitute a portion of the Common Expenses.

Section 8.08. Further Subdivision. Unless at least three-fourths (3/4ths) of the first Mortgagees (based upon one vote for each mortgage owned), or three-fourths (3/4ths) of Unit Owners (other than Grantor), have given their prior written approval, and all applicable laws and regulations have been complied with, no Unit Owner shall further subdivide his Unit (physically or legally), provided, however, that this provision shall not be construed to limit the right of a Unit Owner to rent or lease all of his Unit by means of a written lease or rental agreement, subject to the Restrictions. No Unit Owner shall be permitted to lease or rent his Unit for hotel or transient purposes. The terms of any such lease or rental agreement shall be subject in all respects to the provisions of this Declaration and the By-Laws of the Association and shall (a) expressly refer to this Declaration and contain a covenant by the lessee or tenant that he accepts the leasehold estate subject to this Declaration, and (b) contain either a covenant that the lessee or tenant agrees to perform and comply with the Restrictions or adequate provisions to permit entry and other action by the lessor for the purpose of performing and comply with the Restrictions. Any failure by the lessee of such Unit to comply with the teams of this Declaration or the By-Laws of the Association shall constitute a default under the lease or rental agreement. This Section may not be amended without the prior written approval of at least three-fourths (3/4ths) of the Mortgagees of Condominium in the Project.

Section 8.09. View Obstructions. No fence, structure, Improvement, vegetation or other obstruction shall be constructed, planted or maintained upon any patio or deck in the Restricted Common Areas in such location or of such height as to unreasonably obstruct the view from any other Residence in the vicinity thereof, except that Grantor may vary or exceed said height or location of any Improvement in accordance with its architectural and landscaping plans. In the event of a dispute between Unit Owners as to the obstruction of a view from a Residence, such dispute shall be submitted to the Architectural Committee, whose decision in such matters shall be binding. Any such obstruction shall, upon request of the Architectural Committee, be removed or otherwise altered to the satisfaction of the Board of Directors, by the Unit Owner of the Residence upon which said obstruction is located. Any item or vegetation maintained upon any patio or deck in the Restricted Common Areas, which item or vegetation is exposed to the view of any Unit owner, shall be removed or otherwise altered to the satisfaction of the Architectural Committee, if such Committee determines that the maintenance of such item or vegetation in its then existing state is contrary to the purposes or provisions of this Declaration. The Architectural Committee shall ensure that the vegetation on the Common Areas maintained by the Association is cut frequently, so that the view of any Unit Owner is not unreasonably obstructed.

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