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ARTICLE I
Declaration of Condominium Developer does hereby declare its intent and does subject to a Condominium regime pursuant to Title 11 of the Real Property Article, Annotated Code of Maryland, that parcel of ground lying in Garrett County, State of Maryland, containing 8.24 acres of land, more or less, and the air space above it. TOGETHER WITH the buildings, and improvements thereon erected and the rights, roads, alleys, ways, waters, privileges, appurtenances and advantages to the same belonging or in anywise appertaining. Said parcel of land is shown on the Condominium Plat, which is incorporated herein by reference. The Condominium Plat is recorded or intended to be recorded simultaneously herewith among the Condominium Plat Books of the Land Records of Garrett County aforesaid. ARTICLE II Name The name of the Condominium (which is hereafter referred to as the "Condominium") shall be Skipjack Landing Condominium. ARTICLE III Description of Condominium The Condominium consists of the land described on the condominium plat and the improvements erected or to be erected thereon. The first phase of the Condominium shall consist of 9 units and common elements. The land and air space is more fully described in the Plat recorded among the Land Records of Garrett County, Maryland simultaneously herewith. The Condominium is divided in the manner and to the extent depicted on the Condominium Plats into condominium units and common elements. The first phase of the condominium shall consist of 9 units and common elements. Unit #1 contains a pre-existing residential structure. Units #s 2, 3, 4, 5, 6, 7, 8 and 9 are Undeveloped Units. There shall be two classes of units in the initial phase of the condominium, namely Class A and Class B units. The only Class A unit shall be Unit 1, containing the pre-existing structure. All other units in Phase 1 of the condominium shall be Class B units. The difference between the Class A unit and the Class B units is that the Class A unit need not comply with the architectural restrictions which apply to Class B units. The Developer shall construct no improvements of any kind in or on these undeveloped units. The improvements to be constructed by the Developer upon the common elements shall consist of roads, sewage disposal lines and the electric and telephone utilities to the unit boundaries and a nine slip common dock for the use of the units in Phase 1. Parking areas for all units are located as shown on the Condominium Plat and shall be maintained as a part of the common elements of the condominium, however, each parking area is reserved for the exclusive use of the unit to which it is assigned. Roads shall be constructed to the standards required in the Garrett County Subdivision Ordinance as the same exist on the date of construction. The Common Elements may include a bear resistant garbage collection point and also a stormwater management plan for the Condominium in compliance with the Garrett County Stormwater Ordinance. All improvements made in a unit shall be the responsibility of the unit owner. The unit owner may construct one residence within the boundaries of the unit, however such residence must be an approved model and must be built in accordance with approved architectural and building standards and using approved material set out herein or in the rules and regulation as established by the Developer or the Council of Unit Owners. Initially the Developer shall be authorized in its discretion to grant or withhold such approval. So long as the Developer retains augmented voting rights as described in Article VIII, it shall retain such approval or disapproval authority. When the Developer no longer has such augmented voting rights the power to approve or disapprove shall vest in the Council of Unit Owners. Initially the Developer shall provide no less than 3 approved models. The Developer retains the right, from time to time, to approve additional models. A unit owner may request the approval of a unit owner supplied model. Such request shall include all information reasonably required by the approving authority. If such request is granted, the unit owner acknowledges that such model will thereafter be an approved model and may be chosen and constructed by another unit owner and the original unit owner shall not be entitled to any compensation for the use of the model. Any residence built within a unit must conform to any footprint limitations applicable. Therefore any owner acquiring an Undeveloped Unit from the Developer shall be and is hereby deemed a successor developer to the Developer herein with respect to any improvements made on the unit or units owned by such unit owner. In addition such successor developer shall assume the responsibility for all warranties associated with the construction of all improvements on the unit or units owned by such successor developer and shall indemnify and hold the Developer harmless from any claims for a breach of such warranties. The use of explosives in the development of any structure within any unit is strictly forbidden. The status of the unit owners as Successor Developers shall only apply to the unit owner’s authority with respect to the individual unit or units owned by the unit owner and shall not include the Developer’s authority to expand the condominium nor to any other right the Developer has which is applicable to the Condominium generally. Such Developer rights may only be assigned by the Developer in an instrument specifically reciting that such rights are being transferred. The units shall be used for residential purposes only. All improvements on any unit constructed by a unit owner must be placed upon the footprint and otherwise comply with this declaration, the bylaws, rules and regulations, covenant, restrictions and architectural standards which are attached hereto and incorporated herein as Exhibit D. Nothing herein shall prevent a unit owner from renting a unit for residential purposes. ARTICLE IV Description of Units Units shall be sold to one or more owners, each owner obtaining a particular exclusive property right thereto, and also an undivided percentage interest in the common elements of the Condominium as shown on Exhibit A attached hereto and made a part hereof. The dimensions, area and locations of each unit are shown graphically and as noted on the Condominium Plat. Each unit as sold by the Developer shall be a cubical area of space, square in shape, each side of which being 60 feet in length and a height of not more than 60 feet. The top and bottom elevations of each unit are as is shown on the Condominium Plat. The Construction of improvements within the undeveloped units shall be accomplished by the unit owner. All improvements constructed by the unit owner within a unit shall be in accordance with one of the preselected plans provided by the Developer. The cost of such plans shall be included in the purchase price of the unit. Only builders approved by the Developer in accordance with the approval criteria set out in Exhibit *** are allowed to construct the improvements within a unit. Prior to commencing such improvements the unit owner shall submit to the Developer written documentation of the identity of the builder for approval, the identity of the preselected building plan and a complete description of any modifications of such plan requested by the unit owner. After all of the units in Phase 1 have been sold such submission and approval shall be made to the Council of Unit Owners. Such approval or disapproval shall be accomplished in accordance with the provisions of Exhibit E attached hereto. (a)All improvements constructed within a unit are part of the unit, including any underground fuel tanks; (b) If any chute, flue, duct, wire conduit, pipe or any other fixture, including water wells and underground fuel tanks, lies partially within and partially outside or wholly outside the designated boundaries of a unit, any portion thereof serving only that unit is a part of that unit; it is understood that such accessories to the unit may be located upon the common elements if such is reasonably required. (c) In the event the construction of improvements within a unit is inconsistent with the already established stormwater management plan for the site, the unit owner shall be responsible for obtaining approval from the appropriate governmental authority for any change required and shall be responsible for the costs of implementing such change, whether inside or outside the unit. Such development may not proceed until requisite approval is obtained. (d) The Developer and the Council of Unit Owners shall require the unit owner to submit for approval a basic landscaping plan prior to the construction of improvements in a unit. Such plan shall specifically address the landscaping of areas visible from the roads and along the roads as well as exterior lighting so as not to unreasonably interfere with other owners or the view of the night sky. All such landscaping must be completed within 15 months of the issuance of a building permit for the construction of the unit and shall thereafter be maintained by the unit owner in a good condition. ARTICLE V Description of Common Elements a. The Common Elements are defined as all of the Condominium, except the units. Any expense of maintenance, repair or replacement relating to the common elements, including cleaning of all exterior surfaces of any structure or building located upon the Common Elements of the Condominium and structural maintenance, repair or replacement of the common elements, shall be treated and paid for as a part of the common expenses of the Council unless the same shall be caused by the negligence or deliberate act of the individual unit owner or other persons residing in a unit with the unit owner's actual or implied consent or permission, in which case expenses of maintenance, repair and replacement relating to such common elements referred to in this Article, shall be borne by and assessed against the individual unit owner, less the amount of any insurance benefits received by the Council on account thereof. Included in the maintenance responsibility of the Council of Unit owners is the maintenance of the 9 slip common docking facility situated upon the Lands of the State of Maryland adjacent to the lakefront portion of the common area. All expenses associated with the maintenance, operation and replacement of this common dock facility shall be paid for by the owners of class A and B units. ARTICLE VI Interest Acquired Each unit in the Condominium shall have all of the incidents of real property. Each unit owner shall own an equal undivided percentage interest in the common elements of the Condominium. The undivided percentage interests in the common elements shall have a permanent character and may not be changed without the written consent of all of the unit owners and the holders of all mortgages on the condominium units. The undivided percentage interests in the common elements may not be separated from the condominium units to which they appertain. The percentage interest of each unit owner in the Condominium in the common elements is subject to change upon expansion of the Condominium as hereinafter provided. Each unit owner shall have an equal undivided percentage interest in the common expenses and common profits of the Condominium. The undivided percentage interests in the common expenses and common profits shall have a permanent character and may not be changed without the written consent of all of the unit owners and the holders of all mortgages on the condominium units. The percentage interest of each unit owner in the Condominium in the common expenses and common profits is subject to change upon expansion of the Condominium as hereinafter provided. ARTICLE VII Administration The administration of the Condominium shall be by the Council of Unit Owners (herein called the "Council") established by the Bylaws appended to this Declaration and shall be in accordance with the laws of the State of Maryland and with the provisions of this Declaration, said Bylaws and any proper amendments thereof. The Council shall be unincorporated. ARTICLE VIII Votes Except for Developer owned units the Council shall have a total number of votes equal to the number of units dedicated to the condominium regime. Voting shall be on a unit basis and, except for Developer owned units, each unit shall be entitled to one vote, as provided in the Declaration. Developer owned units shall be entitled to two (2) votes for each unit owned until such time as the number of votes for Non Developer units equals the number of votes attributable to Developer owned units are equal, at which time Developer owned units will be entitled to only one vote each. If the Condominium is expanded as hereinafter provided, each unit owner in the Condominium as expanded shall be entitled to one vote appurtenant to the unit at meetings of the Council of Unit Owners, except that in the event expansion would result in the Developer owning more than one-third of the declared units, then and in that event the Developer shall again be entitled to 2 votes for each unit owned until such time as the number of votes attributable to Non-Developer units equals the number of votes attributable to Developer units, at which time all units will again be entitled to one vote each. ARTICLE IX Compliance Each owner shall comply with the provisions of this Declaration, the Bylaws and the decisions and resolutions of the Council or its representatives, as lawfully amended from time to time and uniformly enforced, and failure to comply with any such provision, decision or resolution, shall be grounds for an action by the Council for damages, foreclosure and/or injunctive relief or any combination thereof, or any other action or relief available at law or in equity. ARTICLE X Lien for Assessments Sums assessed by the Council pursuant to the Bylaws to pay common expenses and any other sums properly assessed by the Council shall be a lien against the unit to which the assessment applied. Upon any default in the payment thereof which shall continue for thirty (30) days after written notice of such default to the owner of the unit, sent to the address of the owner of the unit shown on the records maintained by the Council, in addition to all other remedies provided by law, the Council may establish and enforce a lien against the unit pursuant to the Maryland Contract Lien Act. ARTICLE XI Common Expenses Except for the expenses of maintaining the common dock facility as described in Article V hereof, all expenses of maintenance of the common elements and for the operation of the Condominium shall be assessed to all units in proportion to the percentage interest in the common expenses for that unit as set forth in Exhibit B attached hereto, until expansion of the Condominium as hereinafter provided. If the Condominium is expanded as hereinafter provided, all expenses of maintenance of the common elements and for the operation of the Condominium shall be assessed to all units in proportion to the percentage interest in the common elements for that unit after expansion as hereinafter provided. All charges for expenses of maintenance of the common elements and for the operation of the Condominium against any Condominium unit and all charges applicable to a unit for repairs (or other corrections) to a unit made pursuant to the Bylaws shall be levied and assessed as a lien at the beginning of each fiscal year and shall become due and payable in installments, subject to acceleration on default, as the By Laws shall provide. All Developer owned units upon which no residence has been constructed shall be exempt from assessment for common expenses until such time as they are sold to a member of the public or until a residence is constructed thereon. These Developer owned units shall nevertheless be entitled to a vote in accordance with Article VIII hereof. ARTICLE XII Compliance with Condominium Regime All present and future owners, tenants and occupants of units shall be subject to and shall comply with, the provisions of this Declaration, the Bylaws and the Rules and Regulations, as they may be amended from time to time. The acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of any unit shall constitute an agreement between such owner, tenant or occupant and the Council that the provisions of this Declaration, the Bylaws, and the Rules and Regulations as they may be amended from time to time, are accepted and ratified by such owner, tenant or, occupant and all of such provisions shall be deemed and taken to be covenants running from the land and shall bind any person having at any time any interest or estate in such unit, as though such provisions were recited and stipulated at length in each and every deed or conveyance or lease thereof. A copy of the current Bylaws of the Condominium is filed herewith, marked Exhibit C and made a part hereof. ARTICLE XIII No Exemption from Liability No owner of a Condominium unit may exempt himself from liability for his contribution toward the common expense by waiver of the use or enjoyment of any of the common elements or by the abandonment of his unit, except that the Developer shall be exempt from such charges with respect to any units until the construction of such units is completed. ARTICLE XIV Grantor/Grantee Liability In a voluntary conveyance of a Condominium unit, the grantee of the unit shall be jointly and severally liable with the grantor for all unpaid assessments by the Council against the grantor for his share of the common expenses up to the time of the voluntary grant without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. However, any such contract purchaser shall be entitled, on written request, to a statement in writing from the Council setting forth the amount of any unpaid assessments against the grantor due the Council and such purchaser shall not be liable for, nor shall the Condominium unit conveyed be subject to a lien for, any unpaid assessments made by the Council against the grantor or the unit in excess of the amount therein set forth. ARTICLE XV Easement The Developer, the Council and Management Agent, if any, and their agents or employees, shall have an irrevocable right and easement to enter a unit to make repairs to that unit, other units or common elements when repairs reasonably appear to be necessary for public safety or to prevent damage to property other than that unit, and to restore any part of the Condominium. Such entry to a unit shall only be made after twenty four (24) hours' notice given to the owner or occupant of the unit, except in the event of an emergency, in which event entry may be made without prior notice. Any unit owner who shall interfere with the exercise of this easement by the Developer or the Agent of the Developer shall be in breach of the covenants of the Condominium and shall indemnify and hold the Developer and/or the Council of Unit Owners harmless from any costs or expenses related to the enforcement of such easement. In addition to any easement established by law, each unit shall have, appurtenant thereto, an easement in the common elements for the purposes of providing maintenance, support, repair or service for such unit and to and for the ducts, pipes, conduits, vents, plumbing, wiring and other utility services to the unit. This easement whether included in said boundaries or otherwise, is a common element. If any part of the common elements encroaches upon any unit, or if any unit or any part thereof encroaches upon a common element, whether such encroachment is attributable to design, construction, settlement or shifting, or any other reason whatsoever beyond the control of the Developer, the Council and/or any unit owner, a valid easement for such encroachment and the maintenance thereof, so long as it continues, shall and does hereby exist. Further, such easement shall remain in full force and effect so long as the encroachment shall continue and shall be relocated, if necessary, to permit the maintenance of such encroachment where necessary. ARTICLE XVI Severability The invalidity of any provision of this Declaration shall not be deemed to impair or affect in any manner the validity, enforceability or effect of the remainder of this Declaration, and in such event, all of the other provisions of this Declaration shall continue in force and effect as if such invalid provision had never been included herein. ARTICLE XVII Waiver No provision contained in this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. ARTICLE XVIII Number and Gender Whenever the singular or plural number. or masculine, feminine or neuter gender is used herein, it shall equally include the other, and the use of any gender shall be applicable to all genders. ARTICLE XIX Benefit This Condominium Declaration shall be binding upon and inure to the benefit of the Developer herein, its successors and assigns. ARTICLE XX Easements, Etc. in Common Elements The Council may grant from time to time specific easements, right of way, licenses, and similar interests affecting the common elements of the Condominium if the grant is approved by the affirmative vote of unit owners having two thirds or more of the votes assigned to units by this Declaration and with the express written consent of the mortgagees holding an interest in those units as to which unit owners vote affirmatively. Any easements, right of way, license or similar interest granted by the Council hereunder shall state that the grant was approved by unit owners having at least two thirds of the votes, and by the corresponding mortgagees. In addition, there is reserved to the Developer and its successors and assigns an easement for road and utility purposes on any road making up a pert of the common elements of the Condominium as shown on the Condominium Plat for the purpose of providing access to other lands to be acquired by the Developer in the future. ARTICLE XXI Expansion of Condominium Developer reserves for a period of ten (10) years from the date of recording this Declaration the right to expand the Condominium by subjecting additional sections of property to the Condominium regime. Each parcel of property, which may be included in each section to be added to the Condominium is described in Exhibit F and shown on the Condominium Plat. A maximum of 7 units (7) units may be added to the Condominium by expansion. Such expansion units, if and when added to the Condominium, shall be generally similar to the original units. Each Expansion Unit sold by the Developer shall be a cubical area of space, square in shape, and being 60 feet on a side with a height not exceeding 60 feet, with an upper and lower elevation of each unit as will be shown on the Amended Condominium Plat which shall be filed at the time of each expansion. The purchasers of such expansion units shall have the right to construct improvements upon the unit so long as such improvements conform to the approved plans and specifications, covenants, restrictions and architectural standards as set out herein, as the same may, from time to time be amended by the Developer. The Developer retains the right to approve additional building plans. No expansion unit shall have any right to a slip in the common dock which is a part of the common elements nor any recreational access to Deep Creek Lake by virtue of owning an expansion unit in the Condominium. All expansion units shall be designated Class C units. Except for the expenses of maintaining the common dock facility as described in Article V hereof the percentage interest in the common elements and the percentage interest in the common expenses and common profits appurtenant to each unit following the addition of each section of property to the Condominium shall be determined by dividing one hundred percent (100%) by the total number of units in the Condominium regime following expansion. After expansion, each unit in the Condominium shall be entitled to a vote equal to their percentage interest. Developer may effect expansion of the Condominium by adding successive sections of property to the Condominium by recording among the Land Records of County aforesaid an Amendment to this Declaration and recording an Amendment to the Condominium Plat that includes the detail and information concerning the new section as required in the original Condominium Plats. Upon recordation of the Amendment aforesaid, the percentage interest in the common elements of the unit owners in the preceding section or sections of the Condominium shall be reduced, and appropriate percentage interests in the common elements of the new section of the Condominium shall vest in them and appropriate percentage interest in the common elements of the preceding section of the Condominium shall vest in unit owners in the new section of the Condominium. The percentage interests in the common elements, and the percentage interests in the common expenses and common profits appurtenant to each unit following the expansion by adding of the new section of the Condominium and recording of the Amendment as aforesaid shall be as determined hereunder. The outlines of the land and common elements of each successive section that may be added to the Condominium as provided for hereunder are shown in general terms on the Condominium Plats. ARTICLE XXII Amendment of Declaration This Declaration may be amended as permitted by the Maryland Condominium Act and subject to the requirements of Article IX of the Bylaws. Questions? Please email SkipJack Landing.
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