Parleyvale

DB Q 7 8 2 8 PG 0 8 2 6 (c) Attics (meaning any space between the roof of a building and the ceiJing of a Unit).. craw spaces,. basement (If any. and if not included in a Unit as shown on the finaJ "as build" plans referred to in Section 2.21 balconies. stoops, patios and decks, if any. now (or hereafter if approved by the Board) attached to a particular Unit and whether 01" not shown on the "as built" plans; (d) Utility service f8ci1itiesserving a Urnt or sevend Unit~ including the air conditioning and heating equipment of systems; (e) Door and window frames for each Unit;-imd (t) Back yard &rea$,meaning ODe. of the foUowin& as applicable. If the rear of a Unit is enclosed by a fence pennitted by Developer or the Board pursuant to SectiOD5.4. then the back yard area shall mean that enclosed area. If there is DOfence. the back yard area shall be the area in the rear of each Unit bounded as follows; (a) By the rear exterior of thc Unit. (b) by two imaginary lines extending straight back from each side wall of the Unit. and (c) by ODeof the following imaginary lines. determined based ODwhich line creates the smallest '"back yard area" - either (i) the boundary line of the Land. or (ii) the line of any easement, or (iii). or (iv) with respect. to any Unit for which a ditrerent limited common element line is shown on the plans contemplated by sectioD2.2 and 2.4 C. that line shown on such plans. Sectioa 1.4 "Unit" or "Condominiwn Unit" means the enclosed space consisting of one or more rooms as measured ftom interior unfinished surf8~ having direct access to the Common Elements. The location and ~ent of each Unit are as shown on the plans of the Regime Tecorded with this DeclanWon. Notwithstanding that some of the following might be loatted in the Common Element or Limited Common Elements, the plumbing, heating. and air conditioning equipment (mcluding all ducts and pipes), electrical wiring and equipment. bot water heater. telephone lines. cable television fines. windows pane5.. doors (mcluding stonn and screen doors, if any). windows. halls, sWrways and other equipment located with or connected to a Unit for the sole purpose of serving that unit exclusively, are a. part of the Unit; the maintenance, repair and replacement ofsame being the responsjbility of the Unit owner.

Section 1.3 "Limited Common Elements" means those Common Elements which are reserved by this Declaration or amendments to this Declaration, by the recorded floor p~ or by agreement of aD Owners. for the use of a certain Unit or numberofUnils to the exclusionof other Unit~ includingwithout limitation: (a) Interior unfinished surtaces of each Unit's perimeter wa11s, ceilings and floors and space between floors; (b) Entrances and exits to the Unit;

The Limited Common Elements shall include, but shall not be limited to, entryways, common walls, balconies, patios or deck (sic) front entrance areas or porches, designated as appurtenant to a specified Unit. Each Unit owner shall be responsible for maintaining at their individual cost and expense, all areas designated as Limited Common Elements except, however, structural modifications and structural maintenance of the walls. Further, the Master Deed includes the following term in its "Declaration of Restrictive and Protective Covenants, Agreements and Easement Grants":

(m) "Limited Common Elements" means a portion of the Common Elements reserved in this Master Deed for the exclusive use of less than all of the Co-owners.

enclosed within the boundaries of the unit.

(b) The Limited Common Elements are:

(1) Porches and patios designated on the Plan as Limited Common Elements are limited to the sole use of the Co-owners of the Units to which such Common Elements give access as shown on the Plan;

(2) Interior surfaces of Unit perimeter walls (including any Unit windows and doors therein), ceilings and floors contained within a Unit are limited to the sole use of the Co-owner of such Unit;

(3) Garages are limited in use according to the numbering on the Plan;

(c) Maintenance, repair and replacement of all Common Elements shall be the responsibility of the Association, to be assessed to all Co-owners according to their Percentages of Value, subject to the following provisions:

(1) The Limited Common Elements described in subparagraph (b) (2) above shall be the responsibility of the respective Co-owners having the use thereof.

(2) The cost of repair of damage to a Common Element caused by a Co-owner, or family member or invitee of a Co-owner, shall be assessed against the Co-owner.

4.2 Limited Common Elements. The Limited Common Elements are:

4.2.1 Utility Service Lines. The pipes, ducts, wiring, and conduits supplying service for electricity, gas, water, sewage, telephone, television, and/or other utility or telecommunication services located within a Condominium Unit and supplying service to that unit alone;

4.2.2 Balconies and Porches. The rear balcony and the front porch attached to each unit in the Project and the exterior hardware of each unit;

4.2.3 Delivery Boxes. The mail and/or newspaper box located on a unit or permitted by the Association within the General Common Elements to serve the unit;

4.2.4 Heating and Cooling Appliances. The separate furnace, water heater, air conditioner, and/or compressor located within or adjacent to a unit and serving that unit exclusively;

4.2.5 Windows, Sliders, Doors, and Screens. The windows, sliders, doors, and/or screens located within or adjacent to any unit perimeter wall, including the garage door and the automatic garage door opening mechanism;

4.2.6 Garage Interiors. Garage interior spaces, and the interior surfaces of garage walls, ceilings, and floors;

4.2.7 Interior Unit Surfaces. The interior surfaces of perimeter walls, doors, ceilings, and floors located within a Condominium Unit;

4.2.8 Driveways and walkways. The portion of any driveway and walkway exclusively serving the residence, constructed within a unit, located between the unit and the paved roadway;

4.2.9 Miscellaneous. Any other improvement designated as a limited common element appurtenant to a particular unit or units in the subdivision plan or in any

4.3.5 Other Common Elements. The cost of cleaning, decoration, maintenance, repair, and replacement of all Common Elements other than as described above (including the mowing of all lawn areas accessible to large mowing equipment and the snow plowing of all drives and driveways accessible to truck mounted equipment) shall be the responsibility of the Association, except to the extent of repair or replacement due to the act or neglect of a Co-Owner or the Co-Owner’s family member, occupant, agent, invitee, guest or pet.

4.4 Assignment of Limited Common Elements. A Limited Common Element may be assigned or re assigned, upon notice to any affected mortgagee, by written application to the board of directors of the Association by all Co-Owners whose interest will be affected by the assignment. Upon receipt of such an application, the board shall promptly prepare and execute an amendment to this Master Deed assigning or reassigning all rights and obligations with respect to the Limited Common Elements involved, and shall deliver the amendment to the Co-Owners of the units affected upon payment by them of all reasonable costs for the preparation and recording of the amendment.

Maintenance Responsibilities. Responsibility for the cleaning, decoration, maintenance, repair, and replacement of the Common Elements will be as follows:

Limited Common Elements. Each Co-Owner shall be individually responsible for the routine cleaning, maintenance, repair, and replacement of all Limited Common Elements appurtenant to the Co- Owner’s unit, except for the following: none.

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We would like to explore modifications to the proposed condo documents.

In designing this 2 family we made the decision that we would lose too much of what we valued in the site in complying with the fee simple definition (mainly the requirement that each house with 50' frontage facing the road). Though we were now in a condo definition, our property has very few condo elements.

Our building envelopes are completely separate, 8' apart connected only by an one story common hallway. The foundation and structure are independent. A 1" water pipe and a 4" waste pipe are the extent of our shared utilities.

John, Sue, Peri and I agree that we want as much freedom and responsibility for our own houses and their immediate surroundings as possible. The language of these (seemingly standard) condo documents are too constraining and we need to explore modifications.

In looking over other condo documents there