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PIONEER CENTRE CONDOMINIUM - CONDOMINIUM PLAT
1i DECLARATION • FOR PIONEER CENTRE CONDOMINIUM REGISTER'S OFFICE S561'�31 Waukesha Co- Wis. Nfl.--Mm gmw RECEIVED FOR RECORD THE ,,L—I)�Al � •tj . A. D.. 19.13-.AI n Xll�..M-. & REGO R0EDIN REEI..�, OF I;.lAG>:.... ��..3.., . 1 /9'�4 RE6151ER �.. REEL 052 T"'di38 TNM OF CO Paragraph Description of 'Real Estate (Prem,ses) -. 2 Definitions �. 3 Building Location and Descriptions 2 4 Identificati.on of Buildings and Plans 3 5Construction Material 4, s; 6 Access to Common Areas 4 7 Boundaries of units - Inclusions and i Exclusions 4 8 Common Areas and Facilities 4 9 Boundary Interpretation i 5 1.0 Limited Common Areas 5 4 11 Common Ownership and Expense Ratio 6 4, 12 Owner Voting 8 13 Building Use 8 14 Service of Process 8 15 Destruction and Replacement of Buildings 9 16 Amendments to Declaration 9 17 Resubdi.viding Prohibited 10 18 Repair of Unit 10 19 Rules and Regulations 10 20 Fccess to Public Road 18 21 Encroachments 11 22 Partition of Common Elements Prohibited .1.1 0 9 REEL 052 ikdeEt13%1 Pr�aQraoh ;, Pie ' 23 Conveyances Shall IYf'cluee Common. Elements. :11 24 Utility- asementa 12- 25 Easements to Run with Land Y2 26 Association of unit Owners = , ,12 - : - 27 R'oticas : 14 26 Insurance 14 29 Interpretation of Declaration and BY -Laws as One Document 15 30 Severability 15 31 Covenants of Declaration and By -Laws to Run with Land 15 32 Adoption of By -Laws 16 33 Additional Lands and Units 16 34 Private Road Easements 17. 35 Attachments 19 Exhibits: A Site Plan B Tro Bedroom Units BB Alternate Floor Plan - Two Bedroom Units C Fourplex Unit CC Alternate Floor Plan - Four Unit Building D TWinplex Unit E Floor Plan and Elevations, Garages 0 0 lift 052 MdUi UNITIZED BUYLAERS..INC* , at Niaconain corpora tion,`biiit- inafter referred to as the Declarant, does hereby-declaie that the real estate described in Paragraph l• horaaf' is • bjeet l�o' the Unit Ownership Act of the State of Wiscon9in anol'A 'so" this Declaration. oho said real gestate and aiv iht improveii�+iata how, or a bsequantly placed thereon and all -of thhW 4ppUrt4bAnces thereto shall hereafter be known and described ' as • Pidni+ax• Centra .a condominium. All that part of the Northwest Quarter (NA) of Section 16, Town 5 North, Range 20 Bast, City of Muskego, Waukesha County# Wisconsin, bounded and described as fol- lowas Commencing at the southeast corner of the Northwest Quarter (NMI) of said Section 16; thence North 89. 57' 03" West along the south line of said Northwest Quarter () 599.44 foot, to a point in the east right-of-way line of Pioneer Drive; thence North 21" 56' 59" East along the east right-of-way line of Pioneer Drive 680.45 feet; thence North 870 00' 00" East 350.43 feet to a point in the east line of said Northwest Quarter O; thence South 0" 25' 42" want along the east line of said Northwest Quarter () 650.00 feet to the place of beginning. Containing 6.954 acres. 2. rMfinitignj As used in this Declaration of Condominium and the By -Laws of the Association of Llnit Owners, and unless the con- text requires otherwise: A. "Association" means the Association of Unit owners for the Condominium which is being created by this Declara- tion and includes the' definition con- tained in the Unit Ownership Act of the State of Wisconsin. ' -1- IRL 052 waJJ42 .B. "Unit" means any cubic area within a. building arid;°,within described boundaries as=set forth in Paragraph 7 and which is intended for indepen- deAt•use as a living unit and indepen- r ° . •; :_ --dent conveyance as a cubical subdivi-- r _ r *ion in or upon: the land but having '.• x: gAty a Prescribed undivided•interest •..uch land; such unit is intended ,,. ".: i'•.. .. a for independent ownership .on lands . �, • ,, . whAgh are owned in common;. such - unit may includes one or more levels of en- closed or partially enclosed space and may be divided into rooms located on one or more floors, "Unit" shall also include a garage unit as hereinafter set forth and identified. C. "Common walls" means those walls which separate the units within a building. 3. Auilding Location and Descriptions There will be eleven (11) principal buildings on the premises containing condominium living (residential) units plus sixteen (16) attached a�hd detached garages (garage units), and the buildings will be of -various designs and dimensions. The various residential buildings will contain two (2), four (4), and six (6) living units, and the various garages will contain two (2), four (4) and six (6) garage units. There shall be a total of forty-six (46) living units and a total of forty-six (46) garage units in the project. The individual living units are identified by number and the garage unit which is to be con- veyed with the living unit as a part of said unit is likewise identified by the same number all as shown on the attached '- Exhibit A. 4. Identification of Buildings and Plans Typical drawings of the various buildings and the units therein contained are shown on the attached Exhibits as follows: A. Exhibit B is typical of the six (6) unit buildings which contain the units numbered 5 to 22 inclusive, and Exhibit BE shows an alternate floor plan for the units in said buildings. -2- wt.0521wAE1 43 H. Exhibit 8 >s also typical of the, unitsin t'�e .'qur (4) unit buiZd3nge which 'conftiri`he units numbered 23 to`.2,6 incl eefve, and Exhibit HH shows W alte rnste floor plan for the units in -'laid; -buildings. Ce_' itihilat:C is typical of the four (41 u nit' ibvildings which contain the units numbbie d V to 4 inclusive, 27 to 30 in- "clusiv , 3� to 36 inclusive', 37 to 40 i9ftWeive,'and 43 to 46 inclusive, and �whioh'likewise contain tho rc rregpond- °iirsgly numbered garage units appurtenant to each living unit, Exhibit CC shows an alternate kitchen -dining floor plan for the units in said buildings. D. Exhibit D is typical of the two (2) unit buildings which contain the units numbered 31, 32, 41 and 42, and which likewise contain the correspondingly numbered garage units appurtenant to . each living unit. E. Exhibit E is typical of the garage units which are humbered 5 to 26 inclusive. F. Exhibit F shown the design and specifica- tions of the recreation building and pool deck. G. Exhibit G shows the design and specifica- tions of the entry gate, fencing and postal delivery boxes. H. The floor plans, elevators, storage areas, basements, driveways, garages, layouts, dimensions, number of rooms, and approxi- mate area of the units and all of the buildings are depicted on the said at- tached Exhibits. I. The interior design of the units may be varied from the attached Exhibits provided that basic structures and total arse:aro not affected. -3- S y� im 052 +vA4144 f 5. Conatruction Material The principal Coh4ruction materials contained in the: buil.difigg ='-are shown on the attached Exhibits. 6. Access to Cor., . in Areas ` The immediate common areas and limited common Ereas to 'whichl�each unit in the condominium jproject h#z � s,eo ssi. are the- -eoui i tyards, patios, driveways and ect streat'a V�bich; ''are ehown' on;the attached Exhibit A along..wi the etc,ce# to :e ,public �roed. J-' =BoupAaries of Units - InclmlOna gExelur &M The boundaries of each unit are the interior sur- faces of the unit perimeter walls, the surface of any common wall facing the unit space,.the interior surfaces of the window and entrance door components, the top surface of the bas6ment flooring, and the under or interior surface of the ceiling of the topmost floor of any unit. The unit is the cube enclosed by such boundaries and includes both the portions of the buildings so described and the space, girders, beams, columns, floor*, . service equip wnt, pipes, ducts, flues, shutes, conduits, wires and other installations so encompassed except as may be herein- after otherwise provided. Each unit owner, however, shall have a valid, exclusive easement to the interior space between walls of his unit, including common walls, for the purposes of additional utility outlets, wall hangings and the like, where space between the walla may be necessary for such uses, except that the unit owner shall do nothing to impair the structural integrity of the buildings or the sound proofing of the common walla. The unit does nct include, regardless of location therein, any of the central service equipment or utility lines or ducts which service or which are necessary for the use and service of other units in the same building. 8. Ccatnoon Phase and pacili.tieB The exterior of the buildings, and the exterior of all window and window components and entrance door and door component*, rrewdless of the .io ��, -mil facilities trot contained wi{thi any nAL-t i�Fr iLL be: c�ga bif agrees except as may be otherwiae herein dlesignA" .•aeliMitsd tzia im areas, if any. All utilities and tie fae�'iitias .t�ii�brator ��L�h IFEL 052 `i uidM serve only each individual unit and which serve no othsr xuiit shall belong to. the unit; ., bi t. ose utility,, facilities which., - serve more than one unit shall be owned in common and their location shall Constitute an 'easement for: the: benefit: of. all the owners in the proJect in each-unit--througgh-which such facilities pass to the extent that such easement :nay,;be neces- „.. sary for replacement, maintenance,.and repair,of sup f�kcilitie$., For the purposes of rep�aeement only,, all. wirfdow and .door .glass .�&. shall be considered..'k:ommon areas to be,repieeed;by the;AV"c2-a_ tion o f Unit " cwrnera , as • hsreinas fter provided. However,, , Any glass which must be,replaced as the result .of the negligent or willful conduct of a unit- owner, his invitees, or his. -agents shall have the cost -thereaf,'.charged directly to such urt]ft , owner. For purposes of washing and other maintenance, only the exterior surfaces of the windows and door glass shall be common areas. 9. Houndaty Interpretation In interpreting the attached Exhibits, the exist- ing physical boundaries of the unit or of a unit reconstructed in substantial accordance with the original plans thereof, shall. be conclusively presumed.,to be its boundaries rather than, the dimensions or boundaries expressed in the attached Exhibits, re- gardless of settling or lateral movement of the building and re- gardless of variances between boundaries shown on the attached plan or in the deed and those of the building. 10. LjAited Common Areas A. Limited common areas for the build- ings erected in this condominium project shall consist of the following: (1) The patio, courtyard, porch or stoop which adjoins each unit and the air space above such patio, courtyard, porch or stoop to the height of the highest point of the building or to the height of any cover- ing which may extend over such area. (2) The sidewalk leading from the front door of each unit to the • point where such sidewalk joins the driveway or roadway serving -5- c 1 0*2 maidiU the building or where it • joinj the common aidewaiks serving `ail units of the same :building . . .(3) So much of the driveway ap- purtenant to each unit or r building from the point of the garage door.outward until the point where it adjoins the cam- mom atXiveway or street serving other, unit:& in the project, B. The. limited common areas described herein,` shall be limited to the exclusive use of the owner of the unit or units to which the limited common area is adjoining. C. Ip such cases where a driveway serves more than one unit in a building the use thereof shall be limited to all of the unit owners in that building. D. f The use of any of the limited common areas shall be subject to and governed by this Declaration, the By -Laws of the Association => of Unit Owners, and any rules and regula- tions which may, from time to time, be promulgated by the Declarant, or the As- sociation of Unit owners, and no unit owner shall decorate, landscape or adorn any such areas contrary thereto. No one shall obstruct any limited common areas serving more than one unit. E. Limited common areas for any subsequently erected units in Phase 2 shall be described in an amended Declaration if they differ from those which are described herein. 11. Coughon ory ership and Expense Ratio A. Each unit owner shall own an equal un- divided interest in the common and limited common areas and facilities of the total condominium project. Such un- divided interest per unit shall never be -6- 9 Im. 052 INWA47 greater than 1/46th nor less than 1f 70th -of s$the said common and limited c6mmbn`ar6as and facilities. B. Common expenses and assessments of the toridoia�inium projects shall be aseessed `:.th'�the'various unit owners as fellows: (1) The Individual unit owners ' of units in any of the build- ings -listed in Part 1 of the z attached Exhibit H shall pair only 75% of the amount of the assessment which is paid by the individual owners of units of any of the buildings listed in Part 2 of the attached Exhibit H. (2) in order to determine the re- spective amounts referred to in Paragraph ll.B.(1) above, the total assessments shall be divid- ed by 1.75 and the resulting quotient shall be paid pro rata by the unit owners in the build- ings'listed in Part 2 of the at- tached Exhibit H. The balance of the assessment shall be paid pro rata by the unit owners listed in Part 1 of the attached Exhibit G. (3) If additional units and lands are added to this condominium project as hereinafter provided, then the basis of assessments may be changed by the Declarant by an amendment to this Declaration. The percentage of assessments for common expenses to be paid pro rata by the unit owners shall then be determined by the ratio of municipally assessed values of the various units rounded off to the nearest whole percentage point; and the assessed value of any unit for these purposes shall • be the average assessed value of all units of the same type. C. Prior to the initial sale of all of the -7- VEL 052 wAAUS contemplaed units in the.condominium project, any.` _common expenses which are not chargeabiLi to unit owners other than the Declarant,, shall be paid by the Declarant, -.but -such Declarant shall not be obligated to make periodic con- tribution$ toward any Association funds or common -;expenses unless the Declarant Y so elects. Subsequent to the sale of. all of the units in the project.,. -the unit owne#s shall bear all of the common expenses and assessments. D. Except for the limitations which may be set forth elsewhere in this Declaration, 1 in the By -Laws of the Association of Unit Owners, and in the rules and regulations of the Association, each unit owner shall have the same right to the use and benefit of the cor6cn elements as does every other unit owner, and such use and benefit shall be for all purposes which may be incident to the use and occupancy of his unit as a . residence. Such rights of use and benefit shall be appurtenant to and run with the unit. 12. Owner VVoting Each unit owner shall be entitled to one (1) vote in the Association of Unit Owners, but there shall be no more than one (1) vote per unit regardless of the number of owners of any single unit, 13. Building [ise Each building and the units therein are intended for and restricted to residential use exclusively, and any other use is hereby prohibited. 14. gggvice of Process Service of process shall be made on Donald W. Kilps at 12065 West Janesville Road, Hales Corners, Wisconsin, or upon such other person or persons and at such other locations which may be, from time to time, designated by an amendment to this Declaration or by the By -Laws of the Association of unit Owners. -8- At the first meeting . of th���sbls[�ral Unit owners, they shall designate sash other person or persons".'`to receive'servia_r , t of process. A designee far service of process ,may -be elected y by a simple majority vote 'Of a quorum present; at,_any meet�:ng of the Association. As of the first day following the first "iet-• .. ing of the said A sociatibn , Donald W. Ki11?s' shall no longer be,., _;J the designee for sefvied'. o`£ 'process, All. changes in. ' then `designee . ; for service of procs`ss *Mall be recorded in 'the ;a€fice q€ ;the .•i 1 - f Register,of Deeds' for tiiizkesha County, Wisco main. 15. Destruc .Jdn aDd enlacement _off, -Rul.ld �e Zn the event Of a partial or total destruction of a building or buildings,' and, upon a vote to do so by 1.0% .of. the - Unit Owners, the building or buildings shall be rebuilt and re- paired as soon as practicable and substantially to the same de- sign, plans and specifications as originally built. to the event of the total destruction of one or more buildings or units, the Association of Unit Owners, through its Board•of ]bireetors, shall obtain bids for the reconstruction of �iie destroyed units, and there shall bt not less than three (3) bids so obtained. in accepting a particular bid, the Association.Board of ;4rectors shall consider the bid price, the reputation.of the builder, the • quality of the builder's workmanship, and the financial stability of the builder. The Secretary of the Association shall record with the Register of Deeds a certified copy of any voting resolu- tion electing not to rebuild. 16. Amendments to Declaration Except for such amendments as may be made pursuant to Paragraph 14 hereof regarding the designation of a person or persons to receive service of process, this Declaration may be amended by an affirmative vote of not less than three -fourths of the votes of the unit owners in the entire Pioneer Centre Condo- minium Project, provided, however, that the provisions of Section 703.06(2) of the Wisconsin Unit Ownership Act shall apply on any vote to change or alter the percentage of ownership in the common areas. Such amendments shall be in a form suitable for recording. A copy of the amendment shall be recorded with the Register of Deeds for Waukesha County, Wisconsin, and a copy of such amendment shall also be mailed or personally delivered to each unit owner at his address on file with the Association of Unit Owners. This - 9- OR 052 iunr So Declaration stifall .not be reoke4, except his provided by law.,". ,However.,., the Declarant reserve s.z the right 'to' amend E is O cl;ara= tion ..fnr:,.the= purpose of adding Phase 2 ti�`� Oe pra ject,` acid rYia Declarant shall.,thereupon b� allowed to alter the, peroentage of colnn interest,•oniy as herein provided`for'the possible addi- tion ,of Phase ..2 ;to •this proyeet. Provisioris. for such Phase' 2 ar.+e�..Fsersina£toi :Ait--forth. 17. RosMWivi§inqjPrchibited ' No unit owner shall, by deed, ..plat or ottf4r4i je, , subdivide or in any manner 6ause his uni�'ta be separated"int6 any tracts or parcels smaller than the whole'- unit. ' a's shoiwn.: on the attached fthibits. is. Repair of Unit . I Except for the common and limited common areas and facilities which may be located within- 'a unit, each unit owner shall maintain and repair the interior'of his own unit and al.1 of the fixtures and utility services therein, at his -own ex- pense, and each --unit owner shall keep his uh t in good repair subject only t6,Lnormal wear and tear. All exterior repairs, painting and replacement of exterior portions of each building and all repairs and replacements of structural portions of the buildings -shall be considered common expenses•to be'assessed to all unit owners in the proportion set forth in this Declaration or in the By -Laws of the Association. 19. Rules and RegulatLans Each unit occupant and each unit owner shall strictly comply with and shall be subject to all of the rules, regulations, duties and obligations set forth in this Declara- tion and Amendments thereto, the By -Laws of the Association of Unit Owners and Amendments thereto, the rules and regulations of the Association, and any future rules and regulations which may be prom.'.gated pursuant to the authority granted in this Declara- tion or the By -Laws of the Association of Unit Owners. The en- forcement of such rules and regulations may be made by judicial proceedings as the Association of Unit Owners may deem appropri- ate as well as by the provisions of Section 703.07 of the Wisconsin Unit ownership Act. 20. Accees toPublig _l3o�d ' Each unit named herein and any subsequently erected -10- n LJ IE(t 052 ix,t-415i unit shall have access to a'publie road by way. of the -private - roads, all as� shown _.onethe, attached Exhibit A, and as may,.,be , shown on subsequentLy recorded amendments and Exhibits. :.. 21. Encroachments In the'event that, by reason of the construction, settling, or shifting of the., buildings, .any. part of the common elements encroaches or shall'; hereafter enero-aph: on :any part of - , any unit, or any part of any'uni.t encroaches. Qr shall hereafter encro-ach upon any part .pf ,the common .elements •,<= any other urijta valid easements•for,the maintenance of such encroachment=and for, the use of such adjoining' space are hereby. esr�ahi.i.shed and shall ,. exist for the benefit of such units and the common elements, as the case may be, so long as all or any part of the buildings con- taining such units shall remain standing; provided, however, that in no event shall a valid easement for any encroachment be created in favor of the owner. of any unit or in favor of the owners.of:-the common elements if such encroachment occurred due to the willful conduct of said owner or owners. The provisions contained in this paragraph relating to such easements shall apply only insofar as it may be necessary to carry out the terms and intent of this. Declaration and the By -Laws of the Association of Unit Owners, 22. partition of Common Elements -Prohibited There shall be no partition of the common elements through judicial proceedings or otherwise until this agreement is terminated and the property is withdrawn from its terms or from the terms of the applicable statutes regarding unit ownership or condominium ownership. 23. ConygyagglLs_-Shall Include Common„ Elements No unit owners shall execute any deed, mortgage, lease, or other instrument affecting title to his unit ownership without including therein both his interest in the unit and his corresponding percentage of ownership in the common and limited common areas and facilities; it being the intention hereof to prevent any severance of such combined ownership. Any such deed, mortgage, lease or other instrument purporting to affect the one interest without also including the other interest shall be deem- ed and taken to include the interest so omitted even though the latter is not expressly mentioned or described in the instrument. -11- r'. • IIEL 052 widi52 24. _ -U�f i Easements •Easements are hereby declared. and "grantad for „ utility purposes, including, but not limited .to, the right to install, lay, maintain, repair and replace water mains. apd..stpes, sewer lines, gas mains, telephone wires and equipment and else- trical conduits-and.,wires and equipment overj;under, along and on any,part of the -common areas or limited com>rQn .areas..,., These _ easements, ho)eever,, .shall run only to the Asa4cia ion of Unit. Owners. and hot to nny:.public or private ,utility except bpi _q nd with the copsent o f,...sugh Association. Easements t ax'e, also go. . declared and. granted for such utilities and sea vices not, p'reseait- ly available or-forseww by the present state of �achnology. 25. Easeww" to to Run with Land All easements and rights, which are de$gribed and set forth herein, are easements and rights appurtenant to, run- ning with the land, -.perpetually in full force and effect, and shall at all times inure to the benefit of and be binding upon the declarant, his :successors and assigns, and upon any owner, purchaser, mortgagee, or other person or entity having an inter-,. eat in said land, or any part or portion thereof. t. 26. Association of Unit Owners A. There is hereby created an Association of Unit Owners as defined in the Unit Ownership Act of Wisconsin. Regardless of how or when his ownership is acquir- ed, every unit owner shall thereupon im- mediately become a member of the Associ- ation of Unit Owners in the Pioneer Centre Condominium project, and he shall remain a member of said Association until such time as his ownership ceases for any reason, at which time his membership in the Association shall forthwith terminate. Such Association of Unit Owners may be in- corporated as a non-profit corporation under the laws of the State of Wisconsin. B. The Association of Unit Owners shall not be formally organised or operational by the unit owners until such time as the initial sales of 43 units are consummated. Prior to the initial sale of 43 of the units, all of the powers and functionsof -12- 1. .. 3 t i�h.:ime 1 4 M . . , tm 052 vrbdiW the Association shah vest in and be per - .formed by-the.,,,Peclarant herein on behalf `0f alb.; the tiei unit owners, The Declar- ant shall';, in those cases where the. Decl.arant�'.deems i t - to be necessary, act in the stead of such Association, and ,all actions taken by the Declarant shall ,be deemed -.to be acts of the Association and dial l' be binding upon all of tbe* unit.. - owners, their heirs, successors and as- .` dierne, , Pending the operation of the As- ; sogia�iori.',of Unit Owners by the unit owners`themselves, all charges and as- sessments provided for in this Declara- tion and in the By -Laws of the Association shall be determined and levied by the Declarant, and each owner shall pay such charges and assessments pursuant to the formulas contained in the By -Laws and in this Declaration, except that the same shall be paid to the Declarant to be used or retained by him for association purposes and expenses. The determination, by the Declarant, of association purposes and ex- penses shall be conclusive and binding upon all unit owners. When the Association be- comes operational by the unit owners, all unexpended funds, if any, so collected by the Declarant shall be transferred to said Association. If the funds obtained by the Declarant through assessments are in- sufficient to pay all charges incurred on behalf of the unit owners, and if there is a deficiency of funds at the time when the Association becomes operational by the unit owners, such deficiency shall be assumed and paid for by the unit owners who are then owners in the project and the Declar- ant shall be released from all outstanding or future liability and obligation relat- ing thereto. All unit owners shall be subject to and abide by the By -Laws of the Association while the Declarant is acting as the Association regardless of whether the Association has become operational by the owners. -13- R4 052 OW1154 Pending the initial individual unit_-as- sesamentor,real estate tax purposes ~ by the City''Muakego, each of .the unit. •.-• r owners an4 the Declarant shall be re- spoasible:for and pay a pro rata share Of. taxes, general and special, levied upon the entire premises; each owners` res�non-: sibilitie4 for such payment shall be _ limited tt5 his percentage of ownership M in the common areas as set. forth herein,.:. - All notices and other documents required -.to be given by this Declaration or by the By -Laws of the Association of Unit Owners shall be sufficient if given to one registered owner of a unit, regardless of the rr mber-�of owners who may have an interest in such unit. All owners shall register with the Secretary of the Association; of Unit Owners the address for the mailing or service or any notice or other documents to such owners, and the Secretary shall be deemed to have discharged his duty.w;th respect to the giving of notice by mailing or having it delivered personally to such address as is -on file with him. Until the Association of Unit Owners becomes operational by the Unit owners, the owner shall provide the Declarant herein with the name of the registered owner and the address for the mailing or service of any notice or other documents.._' 28. insurance The dissociation shall provide insurance coverage for loss by fire and such other hazards as the said Association deems necessary for all of the units and all of the insurable portions of the common and limited common elements of the condo- minium. Such insurance shall be in an amount up to the full in- surable value (replacement costs) of the insurable portions of the entire condominium project. Such insurance shall be obtain- ed in the name of the Association as trustee for all of the unit owners and their mortgagees as their interest may appear. The amounts of protection and the types of hazards to be covered shall be reviewed by the Board of Directors of the Association at least annually and the coverage may be increased or decreased at any time that it shall be deemed necessary as determined by the Board of Directors to conform to the requirements of full insurable value. The Association shall also provide public liability insurance covering the common areas and facilities in -14- "�FEt 052INAIFI155 the minimum amount 6f'$100,660.00 for any.per.son:injuredi $300.000.00 for two or more persDns injured, and$25,000.40. fQ.x property damage, which amounts Ai all also bporeviewed.and-in-1 creased or decreased at the discretion of.: the_: Board_,of.,Di.rectors from time to time,.;' The-.Aasociation shall also provide workr.en•'s ' - Compensation Insurance and fidelity bonds -.op such officers. --and employees and in such"allountas the Board of Directors may; from time to time, 'determine to be adequate.. The Hoard •of Directors of the Associations • in its discretion. may also, .pra- vide "additional living •expepse" insurance . fort the benefit:.of unit owners. A unit ovner may apply to the' Association for _such additional insurance . as he nay desire and he shall be.,charged for the costs thereof.accor4ngly. Copies of all insurance.:. policies shall be provided Z6 each mortgagee. Nothing contained in this paragraph shall be deemed to prohibit any unit owner, at his own expense, from obtaining additional insurance coverage which will not duplicate any insurance provided by the Association of Unit Owners. 29. Interpretation of DeclMatiol ,!d, Ev---Laws as _dne Document This Declaration and the By -Laws of the Association • of unit Owners shall be interpreted as one document for all pur- pose necessary for the condominium project. All portions of the Unit ownership Act of the State of Wisconsin, which are applicable to the intent of these documents' sand which are not in conflict herewith are incorporated herein by this reference thereto. . 30. Severability The provisions of this Declaration and the By -Laws of the Association shall be considered severable, and, if any of said provisions are declared to be void, invalid, or illegal, this shall not in any way affect the other provisions of the Declaration or By -Laws of the Association of Unit Owners. 31. Covenants of Declaration_ and By -Laws to Run wig land This Declaration and all of the provisions herein contained shall constitute a covenant running with the land here- inbefore described. The said covenant running with the lands shall be binding upon all parties, persons, and entities claiming under them and for the benefit of and limitation upon all future . owners, their heirs, personal, representatives, successors and assigns of said land or portions thereof. -15- � { 052 vurliM 32. Ado_p,tion of. BV-Laws Vhe By-Law3 of the Association of Unit Owner's' as adopted by . the z Declarant shall be. the By;Laws o f ' the -Assaciati dr_ until amended-by'the Association as therein provided. .The By- 1 Laws of the Association of Idnxt owners which are Ottaahed hereto and marked Exhibit I are approved and ac opte'd as the y-Laws 'of. said Association governing the property'described herein and su!�- 3gct .to . amendu nt as provi.d:�d therein. 33... Additional Laids and Units The Declaraat_.-:reserves unto himself !:he ui;qualifi'�id right to add all or part of the following described .'ands to'the Pioneer Centre Condominium project, to -wit: All that part of the Northwest Quarter (NWk) of Section 16, Town 5 North, Range 20 East. City of Muskego, Waukesha County. Wisconsin, bounded and described as fol- lows: Commencing at the southeast corner of the Northwest Quarter (N *) of said Section 16; thence North 00 25' 42" East along the east line of said Northwest Quarter (NWT) 650.00 feet to the place of beginning; thence continuing North 00 25' 42" East along said eaet line of said Northwest Quarter () 340.64 feet; thence North 840 10' 56" West 215.56 feet to a point in the east right-of-way line of Pioneer Drive; thence southwesterly along the east right-of-way !'ne of Pioneer Drive 254.68 feet along the are of a curve of radius 2265.32 feet, ceiter lies to the West, chord bears South 180 43' 44" West 254.53 feet; thence South 210 56' 59" West along said east right-of-way of Pioneer Drive 150.679 feet; thence North 870 00' 00" East 350.43 feet to the place of beginning. Con- trining 2.301 acres. The Declarant further reserves the right to erect 24 additional units on the above described lands. The additional lands and units referred to in this paragraph are, throughout this Declaration, referred to as Phase 2 of Pioneer Centre Condominivm . project whereas the real estate described in Paragraph 1 of this Declaration is referred to as Phase 1. _16- REEL 052 iowA57 If Phase 2 is added to this project, the undivided interest of each unit owner in both phases shall be not leas -than 1/70th of the common and limited,,., common areas' dhd facilities of, both phases; if Phaaie. 2..� p not added to the project then. the un-' divided interest of each unit owner of Phase V shall remain�At . •1/46th of the corawh :and. limited common areas and facilities. If the.Phase ,2 lands and buildings have not been added to the Condominium project within three (3) years frdm the date. of this Declaration, then the Dec Iat, aht� a --right to tnake7 such addition= ahall terminate and, the interests of the;.'>unit owners i•af y Phase I shall thereupon become fixed as they a ci,st`1on eueh`s�date. Unit owners in" Phase 2 shall be entitled to all of. - the rights and privileges and be subject to all of the terms obligations, rules and regulations of this Declaration as well as the By -Laws and rules and regulations of the Association in the same manner as those unit owners of units in Phase 1. 34. Private Road Easements A. An easement for private road purposes is hereby created on the lands described in • Section 1 (Phase l) of this Declaration for the.use and benefit of the lands de- scribed inSection 33 (Phase 2) of this Declaration. However, if the Phase 2 lands are not used by the Declarant for condominium units within the time prescribed in Section 33 hereof, then such easement shall be terminated. How- ever, the Declarant shall'have the abso- lute and unqualified right to terminate such easement at any time prior to said time prescribed in said Section 33. The said easement is described as follows: All that part of the Northwest Quarter (NV&) of Section 16, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the southeast corner of the Northwest Quarter (Nwh) of said Section 16; thence North 00 25' 42" East along the east line of said Northwest -17- .. �r�+w.erarir�rir.r+w�r�i�rf.'�rrwwr..�rr1= �:� �.:: •_ .. .....- _ ..-.- Im 052 wfiM Quarter (NWT) 480.00 :Feet to the placer.of beginning of said road;eaa�ment; thence continu- ing along the east line of -said Northwest Quarter (NW4) North 00 25' 42" East 170.00 feet; thence South 870 00' '00" East 30.05 feet; ` thence South 000 25' 42" West .138A0 feet; thence North 890 34' is% West 95.00 feet; thence South 000 25' 42" West 30.00 feet; thence South 890 34' 1V East 125.00 feet to toe point of beginning. B. An easement for private road purposes is hereby created on the lands described in Section 33 (Phase 2) of this Declaration r. for the uce and benefit of the lands de- scribed i� Section 33 (Phase 2) of this Declaration. However, if the Phase 2 lands are not used by the Declarant for condomin- ium units4,within the time prescribed in Section 33 hereof, then such easement shall! . be terminated. However, the Declarant shall have the absolute and unqualified ,right to terminate',such easement at any time prior to said 'Lime prescribed in said Section 33. The said Basement is described as follows: All that part of the Northwest Quarter (NWT) of Section 16, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the southeast corner of the Northwest Quarter (NW;4) of said Section 16; thence North 00 25' 42" East along the east line of said Northwest Quarter (NWT) 650.00 feet to the place of beginning of said road easement; thence continuing North 00 25' 42" East along said east line of said Northwest Quarter (;NWT) 340.64 feet; thence North 840 10' 56" West 30.13 feet; thence South 000 25' 42" West -18- n LJ 0,52 345.27 feet; thence North 87 ° 40"4st 30.05 feet to the point of beginning. C.. If the, aaseement on phase 1 property is 'torminat- ad, it shall revert to and become ,}part of that 3ommoh areas of said Phase 1. D,I;., Xf .the.,_ Declarant does erect condominium units .the'saiO Phase 2 property within the time specified aforesaid, the easements on both 4s'Phase' V and Phase 2 shall terminate and :re- ve;t to common areas to be owned by all'bi the unit owners of both property phases. E. Notwithstanding any other provisions herein contained termination of this easement as here- inabove provided is subject to approval by the City of Muskego. 35. Attachments All attached Exhibits which are referred to herein are hereby fully incorporated into this document by such reference. -19- IFEL 052 (Nui l6o IN WITNESS, WHEREOF, the said Unitized ' Buiiders; •iric, , the Decl-arant,, has caused tyre f egoing Declaration to be sig"he'd by its President, Donald W. i*ilps, and kkts Secretary, orames' M. Heling, at Hales Corners, W. 0consin, and its corporate seal-to be affixed hereto. on this q day of August; 1373. ED BUILDERS, INC.1. r_ Zp Donald W. Ki ps, President sees �M. Heling, S tary • e or STATE OF WISCONSIN ) SS. MILWAUKEE COUNTY ) x Personally came before me, this � 9 � day of August, 1973, Donald W. Kilps, President, and James M. Heling, Secretary of the above named corporation, to me known to be the persons who executed the foregoing instrument, and to me known to be such President and Secretary of said corporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of said corporation, by its authority. t.� Frederick E. Reidenbach, Notary Public Milwaukee county, Wisconsin My commission is permanent. L . rW I.�L uti This instrument was drafted by Frederick E. Reidenbach of Sabrowsky, Raasch, Reidenbach & Hartung, S. C., Attorneys at Law. -20- STAVE OF WISCONSIN ) SS. t..� Mi LWAUKEE COUNTY JEROME G. WEGNER, being first duly awezr�� cn �a.h de-• se s _%nd sayst. 1. That he is a registered surveyor in the :Stateof Wisconsin. 2. That he has surveyed and mapped the real `agitate shown and described on the attached %xi%-ibie°'A. 3. That the said map of the real estate on the at- tached Exhibit A is a correct representation of all the exterior boundaries of the real estate shown and described in Paragraphs 1. 33, and 34 of the foregoing Declaration. 4. That the legal, descriptions set. forth as afore- said accurately.describe the real estate showing the Pioneer Centre plan of condominium units. a�yti3s����ksj„`,� �gp% \jyC(�ikjr ''� V.MNNN�ri�/ •i IN PRESENCE OF: � JEROME G.'� 11Y -112 FR W NEW +tLin, F. . Reidenbach J ome G. Wes r =y wrscoivsiN s n. �. SuY scr ' b d d t 1. f s� x e an sworn o e ore hall"a=� me. this 31st day of August, 1973. Fre erick E. Reidenbach Notary Public Milwaukee County, Wisconsin My commission .io permanent E A a 3 { 052 iwdM I E i T T ABLE `OF C4NTE S Paraagaph l• ' . ; Oeneral 2 Offices -Members 4 Voting, Proxies, Quorum 5 Termination of Membership 6 Purpose and Majority Action 7 Annual Meeting,of Members 8 Meetings - Place 9 Special Meetings 10 • Notice of Meetings 11 Lack of Quorum - Adjournment - Ordsr of Business Board of Directors 12 Number and Qualifications of Directors 13 Powers of Directoxs 14 Duties of the Directors 15 Term of Directors 16 Vacancies on Board 17 Removal of Directors • 18 First Meeting of Directors 19 Regular Meetings and Notice -1- . Pave l 1 2 2 2 2 3 3 3 4 4 4 6 6 6 6 6 i 052 waii63 Paragraph Q 20 Special Meetings aA Notice .7 21 Waiver of Notice 7 22 informal Action by Directors 7 23 -Quorum of Dire tors Adjournments 7, 24 Fidelity Bond ;8 Officers h 25 Principal officers 8 26 Election and Removal 8 27 Vacancies 8 28 President 9 29 Vice President 9 • 30 Treasurer 9 31 Secretary 10 Duties and Obligations of Unit Owners 32 Maintenance and Repair of Units 10 33 Structural Alterations 10 34 obstructions in Common Areas 11 35 Right of Entry by Association 11 36 Unsightly Practices and Installations, Signs, Pets 11 37 Penalties for Violations 12 38 Operating and Reserve Funds 12 . 39 Fiscal Year 13 40 Assessments 13 -2- Parac;raph 4.1 42 43 44 I • ML 052 iiKEIL 64 Amendments Additional Powers Voting Powers UnitMortgages -3- Page 1 IA6 m i r 04ARSP Unit Numbex 5 6 7 8 9 10 11 12 13 14 15 Unit Number 2 3 4 27 28 29 30 31 32 33 34 t er 16 17 18 19 20 21 22 23 24 25 26 YDi-t_Number 35 36 37 38 39 40 41 42 43 44 45 46 VIL 052-10jsU66 A 1Y-LAWS OF P'IQNEER CONWKINI"UM_ ASSOCIAT101i OF UNIT OWNERS I. General These By=Laws shall be known as the "By -Laws of Pioneer Centre Condominium Association of tinit Owners'd. These By -Laws along with the recorded condominium Declarationi for Pioneer Centre shall be binding upon and enforceable against all present or future unit owners, their heirs, personal repre- sentatives, successors and assigns, tenants, future tenants; agents or employees. The acquisition, occupancy, rental or as- sertion of any type of dominion over any of the ownership units in this condominium shall conclusively signify an intent and agreement of acceptance, ratification and compliance with these By -Laws and the Declaration'of Condominium along with the un- qualified agreement to be bound thereby. 2. Off ces The principal_ office of the Association shall be located in the City of Muskego, Waukesha County, Wisconsin. The Association shall_ have and continuously maintain, in the State of Wisconsin, a registered office and a registered agent for the service of process whose office is identical to such registered office. The registered office of the registered agent may be changed from time to time by the Board of Directors. 3. Members Each owner, person, firm or corporation shall be a member of this Association immediately on becoming the owner of a unit in Pioneer Centre condominium. 4. Votinal EKoxiess ggoruM A. Each member of the Association shall be entitled to one (1) vote as provided for in the Declaration of Condominium. and . there shall be only one (1) vote for each unit regardless of the number of aC C� 0 0 ,, ();22IAAt .ier owners of an individual unit; and the owner;.Aentitled to vote shall be registered as -provided in the Declaration. H. A majority�of the unit owners entitled :to'vote and who are present shall con- stitute a,14uorum, except that proxy votes shale not be counted in deter- mining whether or not a quorum is pre- sent. Votes may he cast in person or -by proxy. Proxies must be filed with the Secretary of the Association at least four (4) days prior to the ap- pointed time of each meeting. 5. Termination of Mgnhership The membership of any member of the Association shall terminate immediately upon the transfer of his ownership interest in the unit. 6. PurPose and Majority Actiola This Association shall have the responsibility of administering, managing and supervising the condominium, approv- ing the annual budget for condominium purposes, establishing and collecting assessments for condominium expenditures, and arrang- ing for the management of the condominium project. and for delegating such tasks as the Association may from time to time see fit to do to the Hoard of Directors or to such management personnel which may be retained for that purpose. Except as may be otherwise provided herein, decisions and resolutions of the Association, other than by its Hoard of Directors shall re- quire approval of a majority of the unit owners. 7. Annul Me2tina of Members The annual meeting of the Association, after its first organizationaL meeting, shall be held on the second Saturday of April. At such annual meeting there shall be elected a Hoard of .�irectors as hereinafter provided. The unit owners may also transact such other business of the Association as may properly come before them. S. Meetiims -_ plage -2- im 052 MMU68 The meetings of the Association shall be heid,at- a convenient place such as 4ay";.bt des ignatAP,d,by, i the, Board: of Directors. s i 9. special _miri s .Special meetings of the members. -may be called, by,. the President, by the Board yof Directors., . or. by not, less than thirty percent (30%) of thevoting unit owners with a wr:LttO-n t . petition being presented to rthe Secretary of the Association. F , 10. Note of ee!�inas It shall be the duty of the Secretary of the As- sociation to mail or serve personally upon each unit owner a notice of each annual or special meeting. Such notice shall state the purpose of the meeting as well as the time and place where it is to be held. Notices shall be served upon each owner of record at least five (5), but not more than ten (10), days prior to said meeting. No other business shall be transacted at a special meeting except such as is stated in the notice thereof unless by a consent of a majority of all the unit owners in the condominium. The mailing of a notice by first class mail • shall be considered sufficient for all purposes as may be herein required. It shall, however, be the duty of all unit owners to keep the Secretary of the Association, at, -.,all times, advised of their current mailing addresses, and the,-$ecretary shall not be responsible for failure of the unit owner to keep him so advised. If there is more than one record owner of.a unit, the Secretary shall be obligated to notify only one voting owner of each unit, as such voting member or owner is defined in the Declaration of Condominium. 11. Laek of Quorum - Adjournment - P_rder_ o_f. _Business If any meeting of members of the Association can- not be organized because of lack of a quorum, the members who are present, either in parson or by proxy, may adjourn the meet- ing to a time not less than forty-eight (48) hours from the time the original meeting was called. The Secretary shall notify the members of the time of such adjourned meeting. The order of business at all meetings shall be set and determined by the President or other presiding officer of the meeting. -3 - lift 052 mdM HOARD OF DIRECTORS 12. Number and QuAlifidations of Directors The affairs of the -Association shall be governed by a Board of Directors con8isting of five (5) per3ons, . all, of whom mush be owners of'units in the condominium or the repre sentative. of a corporate= -owner -of a unit. However, not more tharn one, ( 1) owner _ frord each unit may serve ' on tine ' Board ''Of' Directors regardless of the.,.:r!umber of un;.t'-Owners of any singly unit. 13. Powers of Directors The Hoard of Directors shall have the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things as are not by law, the Declaration of Condominium for Pioneer Centre, or these By -Laws directed to be exercised and done by the unit owners. 14. DUties of the Directors • The Board of Directors shall have the following duties and responsibilities relating to Pioneer Centre Condominium, to -wit: A. The Directors shall administer the care, upkeep, repair, maintenance, replacement, control, and suveillance of all of the common and limited common areas and facilities and easements. H. The Directors, in their discretion, may promulgate, administer and enforce rules and regulations regarding the use. repair, maintenance and replaceme,.it of all common and limited common areas and facilities. Copies of all such rules and regulations and amendments thereto shall be given to all unit owners. C. The Directors may reserve and assign outdoor parking areas to unit owners as additional parking space at a rental . fee to be fixed by the Directors. Such rental fees shall be paid into the -4- Eft 052 mu(1170 0 Reserve Fund which is provided for herein. Nots..M re than one (1) out- door parking'' 6ace shall be reserved ..'r assigned for a unit. D. The -Directors shall collect all of the - ''monthly assessments from the owners. and. such other assessments which may from ;-time to time be made; •and'shal; collect funds on behalf of the Association from any other source. E. The Directors shall have full Dcwer to engage and dismiss such personnel which they deem necessary for the maintenance and operation of the condominium, the common areas and facilities, and the limited common areas and facilities. F. The Directors may employ, on behalf of the Association, a management agent, at a compensation to be established by the Directors. The management agent shall perform such duties and services as the Board shall authorize including, but not limited to, the duties listed elsewhere in these By -Laws. The management agent shall also have full authority to dis- charge any persons hired by him. G. The Directors shall pay all expenses in- curred by or on behalf of the Association, including all expenses incurred by the Declarant while acting as the Association. H. The Directors may acquire such property and equipment which they may deem neces- sary for use by the Association and its members. 1. The Directors shall have all other powers necessary to carry out the terms and in- tent of the Declaration and these By -Laws and subject only to limitation by action of the Association:. -5- .J REEL 052 fiNHlt7i 15. f D Directors shail bed elected for a term of two (2) years except that at the first election of Directors of tIae As- sociation two (2). of the Direc-torz shall be' ci: eleed ' for " a berm of only one `(1) year and three (3) of the Direetoare' 'shall be elected for a term of two (2) years. Thereafter' and at - t�iie . expiration.of the .initial term of office of etk�h iespective'" Director.: his sucNssor.shall be elected.to serge a`term "oftwo " (2) years. The Directors "shall hold office un'di thoiix"�udce_ a- sors have been elected and hold their first m6i'l,g. '�'. 16. Vacancies on.j Bo�c Vacancies on the Board of Directors which are caused by any reason other,than the removal of a Director by vote of the Association'of'Unit Owners, shall be filled by vote of the majority ofthe remaining Directors, even t'tough they may constitute less than a,quorum; and each person so electe+d,by the remaining Board•membere shall be a Director until a successor is elected at the next annual meeting of the Association or -at a special meeting called for that purpose. Any Director who.'ceases to be an owner of a unit in'the Pioneer Centre Condominium shall immediately cease to be a Director of the Association. 17. Removal of Directors, At any regular or special meeting of the Associa- tion of Unit Owners duly called, any one or more of the Directors may be removed with or without cause by a majority of such unit owners, and a successor may forthwith be elected to fill the vacancy thus created. Any Director whose removal has been pro- posed by the owners shall be given the opportunity to be heard at the meeting. 1S. First Meeting of Directors The first meeting of the newly elected Board of Directors shall be held within ten (10) days of their election at such place as they shall determine at the meeting at which they were elected, and no notice shall be necessary to the newly elected Directors in order to legally constitute such meeting, providing a majority of the whole Board shall be present. 19. Regular Meetings and Notice Regular meetings of the Board of Directors may be held at such time and place as a majority of the Directors shall, -6- E w • REEL 052 + aU72 from time to time, determine, but at leas_ •t:.two•- s(2; such meatings shall be held during each fiscai;:,year. of •,the; Association, ,:Now,. zap tice of regular mi stings of the hoard of �irect.ors. shall,;,ba,. given,to, each-D#ector, personally or by.,mai.�, , telephony; or. tai - gram, at least three,- (3) -days -larior_- to the day not for such meet- ing. .-.Moweirgrj it shall be sufficient notice to,each. Di;octor. if • he shall�,hav6,been notified at the last previous mee#ing.. of. `the next�:ensuing meeting of .the Directors, 20. �Sg2t al Meetings and Notice The President of the Association 'nay, upon , three. (3) days written notice to each Director;.. call, a special meeting. of the Board, and such notice shall be given personally or, by. mail, telephone or telegram, and shall state the time, place and purpose of the meeting. Special meetings of the Board of Directors shall be called by the President or Secretary in like runner. and on like notice upon the written request of at least two.. (2) Directors. 21.• Waiver of Notice Before or at any meeting of the Board of.Directors, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of. such notice. Attc: lance by a Director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all of the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. 22. InfgMal Action by Directors Any action required by law to be taken at a meet- ing of Directors, or any action which may be taken at a meeting of Directors, may be taken without a meeting if a consent in writing, setting forth the actions so taken, shall be signed by all of the Directors. 23. Quorum of Directors Adjournments A majority of the Directors shall constitute a quorum for the transaction of business at all greetings of the Board, and the acts of the majority of the Directors present at a meeting at which a quorum is present shall be the acts of the Board of Directors. If, at any meeting of the Board of Directors, there shall be less than a quorum present, the majority of those present may adjourn the meeting from time to time. At any such adjourned meeting, any business which might have been transacted at the meeting as originally called for may be transacted without _•7_ u 0 052 wudi73 further notice, provIded, however, that a quorum is present -at such an adjourned Meeting. 24. Fidelity Bonds Thg• Hoard of Directors shall require that;.those -of- fivers and `,�Omploj "w of the Association who .handle or are re-- upansible for Association funds shall furnish -adequate. -fidelity, bonus. Tha premiums on such -bonds shall be ,paid. for. by...the. - Asrsociation;. OFFICERS 2�L Principal Officers The principal officers of the Association shall be a President, Vice President, Secretary and a Treasurer, all of whom shall be elected by and from the Board -of Directors. Any two or more offices may be held by the same person, except the offices of President and Secretary. The Board of Directors may elect or appoint such other officers, including one or more as- sistant Secretaries and one or more assistant Treasurers, as it shall deem desirable, such officerF to have the authority to perform the duties prescribed by the Board of Directors. Such assistant Secretaries and Treasurers need not be members of the Board of Directors. 26. Election and Removal The officers of the Association shall be elected annually by the Board of Directors at the first meeting of each new Board, and such officers shall hold office at the pleasure of the Board. Upon the affirmative vote of a majority of the members of the Board of Directors any officer may be removed, either with or without cause, and a successor elected at any regular meeting of the Board of Directors or at any special meeting called for such purpose upon proper notice given. If the election of officers cannot be held at such initial meeting of the new Hoard, such election shall be held as soon thereafter as can conveniently be done. 27. Vacancies The,vacancy in any office because of death, resigna- tion, removal, disqualification or otherwise, may be filled by the Board of Directors for the unexpired portion of the term. s 0 0 its! 062 we i,74 85;:. President The Presidentshall be the principal executive of ficer of the .Association, aid he shall preside' at as l meeti�sgs-f�: of the Association- and of tide Board -of Di L•or's. The' President shall iiT gtnbkAA� supervise-" nd control all -`of the,bu-A 696' and- affaa.rs bf they Association. He may sign, w,rith=- the Stcretairy`, or' any,othet pro s` officer of" -the corporation ,aiithorixed- by the . Board -of Directors, any deeds j mortgages, : b6nft cwItareots} or t , other instruments which the:�Board of Directors has,' authorized to be executed, except in c4ses where the signing and'&";aution'. thereof shall be expressly delegated by the, Board' of Directors .. ." or by these By -Laws or by Statutes to some iathe`r officer or agent of the corporation. The President shall, iri generaL, perform all duties incident to the office of President and such other duties as may be prescribed by the Board of Directors from time to time. in addition to all other powers of the President, he shall have the power to appoint committees, ittees, from time to time, from among the owners, as he may, in his discretion,`decide shall be ap- propriate to assist in the eonduct of the affairs of the Association. 29. Vice President. In the absence of the President or in the event of his inability or refusa3-to act, the Vase President shall per- form the duties of the President. When so acting, the Vice President shall have all o U the powers and shall be subject to all of the restrictions placed upon the President. The Vice President shall perform such other duties which may be delegated to him by the President or the Board of Directors. 1f neither the President nor the lice President is able to act, the Hoard of Directors shall appoint some other member of the Board to do so on an interim basis. 30. Treaggrer The Treasurer shall have the responsibility for As- sociation funds and securities and shall be responsible for keep- ing full and accurate accounts of all receipts and disbursements and books belonging to the Association. The Treasurer shall be responsible for the deposit of all monies in the name, and to the credit, of the Association in such depositories as may from time to time be designated by the Hoard of Directors. The Treasurer shall receive and give receipts for monies due and payable to the corporation from any source whatsoever. The Treasurer shall also be responsible for the billing and collection of all assessments made by the Association and shall perform such other duties incident to the office of Treasurer along with such -9- 3W 052 iidd175 duties as may, from time to ,time, be assi9ned.:,to. him by•:the ePresident or the Board of Dixegtors. 31. S cre�tary : The: -Secretary shall keep the minutes of all :of- the meet? ngP of. tie members of the Association and also. of the .� Board of Director$_ n ons ..or:. more books pro.v ded far that .por- i pose. The Pecretapy.. shall sae, .that a11. potices ' ale, duly, given. in accordance with: the provisions of these Bye -Laws and :the ;Declaration of C-pndomin*gm, q as required by: law. 'r e.',.Secre-. ' tary shall be custodian,pZ all of the Assoc�atioa records .and .. ,•:. shall keep a regi4ter. of the, post +office address cf �€&ch.: designat- . ed unit owner which shalL.te- furnished to the Secretary°.by,such- owner. The Secretary shall in general perform all duties incident to the office of the Secretary and such other duties as may be assigned to him by the President or the Board of Direftors. DUTXEr Z AND OBLIGATIONS OF UNIT 0WNER 32. Maintenance and Repair of Units Every unit owner shall promptly perform all main- tenance and repair work within his own unit when failure to per- form such work would affect the other unit owners in the condo- minium project, and the unit owner shall be expressly liable for any damages which --may result from his failure to maintain and repair his unit. All repairs of internal installations of the unit such as water, sinks, lights, gas, power, sewerage, disposal units, telephones, air conditioners, sanitary installations, doors, laaapa, and all other accessories belonging to the unit area shall be at the expense of the unit owner. A unit owner shall reimburse the Association for any expenditures incurred by the Association in repairing or re- placing any common area and facility or limited common area and facility damaged through the fault or neglect of such an owner. 33. S=gjMXA1 Alterations No unit owner shall make any structural modifica- tions or alterations in his unit nor to the installations located therein without the prior written permission of the Association. either through the management agent of the Association, if any, or if no management agent is employed, to the President of the Board of Diredtous. However, nothing contained herein shall be. -10- GfE 052 iwli% cons trUe;d..- eon prohibiting a unit owner from decorating, tho, inr. . terior of his .unit .with paint, 11 paper,1,5wall paneling, Or,. other interior deco_dtions. 34. obstructions in Common Areas -No.: owner shall place or cause to be placed any obstructions sor -objects in any of the common, or . limited .commo area`s except:as-',otherwise herein provided ��or limited commn on ' • areas <: • - - , ' 3 '. Right of .Tntry_by Association Thaymanagement agent or any person authorized br the Board of Directors shall have the right of entry to'any unit in the condominium project in case of any emergency occurence originating in or threatening such unit, whether the unit owner is present at the time or not. The unit owner shall permit other owners, or their representatives, when so required, to enter his unit for the purpose of performing installations, alterations or repairs to the mechanical_pr electrical services and any other utilities, provided, however, .that request for such entry is made in advance and that entry is at a time which is con- venient to the owner. In case of an emergency, such right of entry shall be immediate and no request therefor or notice thereof shall be necessary. 36. Unsightly Practices and Installations, Signs, No resident of the Pioneer Centre Condominium shall post any advertisements, or posters or signs of any kind in, or about the common areas of the condominium or where they may be seen from common areas of the condominium except as may be autho- rized by the Association. All residents snall exercise reasonable care as to noises or the use of musical instruments, radios, tele- vision and amplifiers, that may disturb other residents. No residents or owner shall be permitted to keep animals in or about the premises except birds or tropical fish. In order to maintain a pleasant view to all of the unit owners and to provide pleasant surroundings for the owners, no residents shall hang any garments, rugs, carpets or other objects from doors, windows, balconies or any of the exterior surfaces of the condominium except under such rules and regulations as the Directors may, from time to time, prescribe. No unit owner shalt dust rugs, carpets, garments or other objects from, the windows VK Olean rugs, carpets, garments and other objects by beating on the exterior parts or surface$ of the condominium. No unit owner.shall throw garbage or trash outside of the disposal installations provi4pd for such purposes in the dekvica 'area's. No unit owner, resiaiA* lessee or any -11- .. T M aEE 052 wii 1177 other person shall install hiring for elec�rical,oz,te�ophone installations, television antennae, machinas or,ajg..;con0itio'i49 units or other objects' on the exterior of the project, or that. protrudes through the walls :or the roof of the condo,4141 RIM buildings except as authorised by the Association. 37.. Pea i s for-Violati ns The Association or the Board of Directors;}say pre- scribe fines and penalties for failure og,_the.,residents.-or..unit owners to comply,with the duties and obliqatigns set,:,fprth.3n .the Declaration and these By -Laws, and trey may also prescribe fines and penalties for the -violation of any, acts prohibited in this condominium project either by these By -Laws, the Declaration of Condominium, or the rules and regulations which may be promul- gated hereunder. Such fines and penalties, if unpaid, shall be- come a lien upon the unit against which they have been levied, and shall remain a lien upon the premises until paid iu.fullw Such fines and penalties shall also become a personal obligation of the unit owner. Enforcement may be by an action at law, or by an action to foreclose tine lien, and violations may,,also be enjoined. • 38. Operating and -Reserve Funds The Hoard of Pirectors, upon receipt of its initial monies, shall establish twoy(2) funds, one of which shall be designated the "Operating Rind" and the other, the "Reserve Fund". Both of such funds shall be -deposited in bank checking accounts and may be transferred therefrom to a bank or savings and loan savings accounts as the Hoard of Directors may, in the;r discre- tion, from time to time, determine. The monies in the Operating Fund shall be used for all expenses which occur or are likely to occur more often than annually, and the monies in the Reserve Fund shall be used for such expenses which occur less often than annually. If practical to do no, the assessments made by the Board of Directors shall be specifically designated as assess- ments for Operating Fund and assessment for Reserve Fund. The Board shall have the full discretion to determine the amount of the assessments to the unit owners and the portion of such as- sessments to be allocated -to each respective fund. A Reserve Fund need not be established during such time as the Declarant of the Pioneer Centre Condominium Project is acting as the Association. • In the event there is dissatisfaction with the as- sessments as made by the Board, the unit owners, by a majority of at least 75% in a vote taken at a meeting called for that -12- 052 swU78 specific pUrpose; may override the assessim nts, which .were deter mined by -the, ;boa c�, of Directors. and may.... a La.such . � _ c�#.al .meetipg, L, h set ,the:.asaespment for the balertce of any. fiscal,. year.:.o:r,the . ; :4ssociatigA- ,af, Vnit .Owners. However, this provision , sha�.l z�at•.. h apply to assessments made by -,the-. Declarant. In addition tq the other uses for there funds, . . the Board of Directors may use from such, Reserve-. Funds .any a-. mount •nec*ssaxry to . -discharge any mechanics. ,lien$ .ar 9ther,in- ,. cumbrances : wh�;ch nay have b en levied agaicis the. of t e per OX • any, part, art thereof, if, . inn i the opinion of the'Board. of.. Uixectors, a ouch lien i.p ,,liens affect the entire condominium, projact. Xetirer a than merely the -interest of,a particular owner or ownex�sp where •. one or more owners .are responsible for the ,existence. a , such: L3,18.4 , they shall be jointly and severally liable for the cost of dis= charging the lien, and any costs incurred by the Association by reason of said..lien or liens shall be specially assessed to.the owners deemed responsible therefor. The Directors may also.use such funds for the maintenance and repair of any.unit if such maintenance or. repair is necessary, in the opinion -of the; Directors., tv protect the common elements or any other pprtion.gf the building or buildings and the owner or owners of ,said unit,,'.' have failed or refused to perform said maintenance or repair within a reasonable time after written notice of the necessity of said maintenance or repair has been given by the Association to said owner o4 owners, provided that the Association shall levy a special assessment against such unit owner for the cost of said, maintenance or repair. Neither the Directors nor the Association shall authorize any structural alterations, capital additions to, or capital improvements to the common elements requiring an ex- penditure in excess of $1,000.G0 without in each case obtaining the prior approval of the voting members of the Association by a majority of all of such members. Such limitations shall not apply to expenditures required for the replacement or restoration of destroyed or damaged portions of the unit. 39. Fiscal Year The Board of Directors shall establish a fiscal year for the Association which may or may not coincide with the calendar year. 40. Assessments Prior to the commencement of each fiscal year of . the Association, the Board of Directors shall estimate the total amount of funds necessary for operating costs for the ensuing year for all estimated expenses which occur more often than -13- ifti 052 t z�,11`79 ,.. annually.` At the same time.' they shall also estimate the amount of funds, which may be.necessary:.-to be allocated to the Reserve a.. •. Fund. On: or beforki fii:teen "(15) days prior 'to the cciunencrement - of the ensuing - fa1:' year, ,the Directors shall notify et;h unit owner. in wri.tir4 as to the estimated as$esirment- for sUdh en- suing year with a reasonable, itemization thrdrebf. Sslch estimftt-- ed cash requirements' shall fie assessed to ' thd,�owners ins" propor- tion as set ferth.?in, Paragriph 11 of the •Declakattion. before the first,,day.,of the :fiscal year and' : the' fi rst, d*y1-of - each succeeding ,month of said year, each 'owner"aEha-1.I ° pad` t0 tl-,e Association one-.relfth (l%L caf the annual- assesambrilt m9de pursuant hereto.. = `.Tf -such payments are not medd, prior to 4he tenth day .of each: month, the payment shall be considered' delin•- quent and'the Hoard of Directors may prescribe -a penalty for each day of such delinquency. At each annual meeting of the Association, the Directors shall supply to all of the owners an accounting of the expenses paid and costs ,incurred during the preceding fiscal year along with a tabulation. of the amounts which were received pursuant to the estimates provided and showing any shortage or overage of actual expenditures plus reserves. Any amount ac- cumulated in the Operating Fund which is in excess of the amount,' required for actual expenses shall be credited to each unit owner' pro rats for the next monthly installment due from such owners under the current years estimate, until such excess amounts are exhausted; and any net shortage shall be added to each owner's regular assessment installments which are due in the succeeding six months after rendering of the said accounting. The Reserve Fund shall be used for contingencies and replacements. Extraordinary expenditures which were not originally included in the annual estimate and which may become necessary during the year and which shall have depleted the Operating Fund shall be first charged against such Reserve Fund. If the Operating Fund proves inadequate for any reason whatso- ever, including nonpayment of any owners assessment, the Associa- tion, by its Board of Directors, may, at any time, levy a further assessment which shall be assessed to each owner in the propor- tion as provided in the Declaration of the Condominium. The Directors shall give written notice of such additional assessment to all of the unit owners, and the notice shall state the amount of the assessment and the reason therefor. Such additional as- sessment shall become due and owing with the monthly payment next ensuing. All unit owners shall thereupon pay the adjusted monthly amount. In the absence of any annual estimate or adjusted estimate, the unit owners shall continue to pay the assessment at the.then existing monthly rate established for the previous period ' 4 -14- A f W ifa ' 052 INNEA80 and until notice has been given- as herein., proyjftd.. F•ailur.e or delay on the part -of the ,M rectors to-.praparp or se"e. the:. annual or adjusted eat irate on i'he unit owner shall not consti- M . tute a waiver or release of =such owner'SL obligation _to:.paY_- the assessment whenever the same shall be finally determined. The Association and the Directors shall keep full and correct books of 4WL- tun#; of all receipts,,4pod disbuxxements and. such books 'shall `be' .6pen '.for inspection by at such reasonable 'tunes during normal buainees houXs .aol pay be regaestad by a unit'ownek. If a unit owner is in default for a period of . inure than thirty (30) days in his monthly payment of the charges or assessments, the Board of Directors, in the name of the As- sociation, may bring suit for and on behalf of the Association and as a representative of adll the owners,to enforce the collec- tion of such delinquencies or to foreclose the lien therbefor,,as provided by law; and there 9'h3ll be added to the amount due all of the costs of said suit, interest at the legal rate, reasonable attorney fees and such penalties as may have been prescribed by the Board of Directors. The amount of any delinquent and unpaid charges, assessments, penalties, interest, costs and fees as herein pro- vided and as the Association or Directors may determine shall become a lien or charge against the unit ownership of the unit ow:.-ir involved when such lien or charge.is due and payable and may be foreclosed as a lien as provided by law. in addition to the liens provided for herein, all of the unit owners shall also be personally liable for any charges or assessments made against the unit or units owned by them. In the event that any personal action or action of lien foreclosure for assessments is commenced against an owner or his unit, the owner shall be required to pay a reasonable rental for such unit, and the plaintiff in such foreclosure action shall be entitled to the appointment of a receiver to collect such rents. No unit owner may waive or otherwise escape lia- bility for the assessments and penalties provided for herein by non -user of the common or limited common areas or by abandon- ment of his unit. 41. Amendments. At any meeting called for such purpose, these By - Laws may be amended by an.affirmative vote of at least two-thirds -15-- M 4 REEL 062 audift • (2/3) of all the voting.membtrs•of the Association., HoweveX,_.,: the Deciarint � of .the,:.,Fionesr Centre Condomin unn may: amend thW ... t.�.. . By -Laws at '.any tiAe prior to: tote-� actual Assumption of the duties • ,df the Assc cietion by;--: the, unit owners. 42. Additionali Powers K In: addition, to the- powers and duties enumerated . herein-, the Aseociati.oD.: apd. the.. Board of, Directors' shall _have ., .such other.;poWers �arL&du;t�.es as may be conferred. anO required by the, Declaration.cf :.Condominium for Pioneer. Centre. 44. =ina,•Power.s . t Whenever a majority or a percentage of votes or of unit owners is referred to or called for herein, such language shall be taken to mean.a majority or percentage of.,vp ting power as defined. in the Declaration of condominium,for Pioneer.. Centre. 44. Unit Mortgages A.; If so requested by the mortgagee of any unit, the Association shall inform such mortgagee of any changes or amendments to the Declara- tion or these By -Laws. Notice thereof shall be given to the mortgagee within ten (10) days after the effective date of such change or amendment. B. If so requested by the mortgagee of any unit, the Association shall inform such mortgagee of any default in the payment of assessments on any unit so mortgaged to any mortgagee; such notice of default, however, shall be given only when such default has been in ef- fect for more than thirty (30) days, -16- YA r -> _GAT _ . r.y-� 4Sa .. ,.r M .w... r�u�. �•��.7�',•`�1rTh..q�'�';��...rrk'�1+a�N!'.t+!CR?!+l■;'�`!'?^.'rtll. �.�."r7�'�'"";.i!Y'?w.t.-?e;.'iq"''"'-" •, Fi ... .. .�,��— .........urn ,_.• - - ' .•In IF I at1 « I hn. - p IOC Iw p eo 04, ID E Iw ® Ar ` O ti�_y all V!U'lm ! 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