ARTICLE V
PROPERTY RIGHTS
Section 5.01. Dedication of Community Facilities: The
Declarant intends to convey to the Community Corporation,
subsequent to the recordation of this Declaration,
certain tracts of land within the Property for the
use and enjoyment of the Owners, Tenants and Commercial
Occupants. Said tracts of land conveyed to the Community
Corporation shall hereinafter be referred to as Ransom
Oaks Facilities. The conveyance of such lands
to the Community Corporation shall state that such
land has been designated as a Ransom Oaks Facility
for the purposes of this Section 5.01. No portion of
the Property shall be subject to the rights and easements
of enjoyment and privileges hereinafter granted unless
and until the same shall have been so designated and
the above described conveyance recorded in accordance
with the procedure provided herein.
Section 5.02. Right and Easement of Enjoyment: Every
Member, as defined in Article IV herein, shall have
a right and easement of enjoyment in and to all Ransom
Oaks Facilities, except as restricted pursuant to Section
5.03 herein. Such easements shall be appurtenant to
and shall pass with the interests of an Owner as defined
in Article I, Section 1.01 hereof. All such rights,
easements and privileges shall be subject, however,
to the right of the Community Corporation to adopt
and promulgate reasonable rules and regulations pertaining
to the use of the Ransom Oaks Facilities which shall
enhance the preservation of such facilities, the safety
and convenience of the users thereof, or which, in
the discretion of the Community Corporation, shall
serve to promote the best interests of the Members.
The Community Corporation shall have the right, with
respect to the Ransom Oaks Facilities owned, and in
accordance with the Certificate of Incorporation and
By-Laws:
(a) To limit the number of Members or guests of Members
to use of the Ransom Oaks Facilities;
(b) To charge reasonable admission and other fees
for the use of the Ransom Oaks Facilities. In establishing
such admission and other fees, the Community Corporation
may, in its absolute discretion, establish reasonable
classifications of Owners, Residents, Tenants, Occupants
and guests. Such admission and other fees must be uniform
within each such class;
(c) To borrow money for the purpose of improving
Ransom Oaks Facilities and to mortgage said facilities
to carry out such improvement;
(d) To suspend any Member's right to use the Ransom
Oaks Facilities for any period during which any dues
or any assessments remain unpaid on the property which
such Member owns, resides upon or occupies, or during
which such Member, or the owner of the property upon
which such Member resides or occupies, is in violation
of the Protective Covenants, Conditions or Restrictions
herein or of any of the rules or regulations adopted
and promulgated by the Community Corporation;
(e) To grant easements or rights-of-way to any public
utility corporation or public agency;
(f) To dedicate or transfer all or any part of the
land that it owns to any trust, public agency or authority
or to a local Association for such purposes and subject
to such conditions as may be agreed to by the Community
Corporation and the transferee. Such a conveyance shall
require the consent of two-thirds (2/3) of the total
votes of all classes of Members of those voting upon
written ballot which shall be sent to every Member
not less than thirty (30) days nor more than sixty
(6O) days in advance of the canvass thereof. In addition,
the approval of the Developer will be required for
any transfer by the Community Corporation prior to
January 1, 2000.
Section 5.03. Restricted Use of Certain of
the Ransom Oaks Facilities: Notwithstanding
any other provision herein which might be construed
to the contrary, should the Developer determine that
any of the Ransom Oaks Facilities, such as certain
recreational and other facilities would, because
of their size and character, best serve the persons
who are members of certain local communities within
Ransom Oaks or who reside within a certain area of
the Property, the Developer shall have, and hereby
reserves the right to restrict and limit the use
of such Ransom Oaks Facilities to such persons. Though
title to such properties be in the name of the Community
Corporation, all costs of maintaining, operating
and improving said restricted facilities shall be
borne by the persons who are members of the local
communities or who reside within the certain area
of the Property and who are designated as permissive
users thereof. The Community Corporation shall assess
these costs against the Private Dwelling, Multi-family
or Commercial Units of such persons or of the local
communities so designated and said costs shall be
added to, and become part of, the annual maintenance
assessments or charges to which such Private Dwelling,
Multi-family, or Commercial Units are subject under
Article VI hereof and, as part of such annual assessments
or charges, shall be a lien and obligation of the
Owners thereof, becoming due and payable in all respects
as provided in Article VI.
Section 5.04. Immediate Family and Guests: A
Member's right of enjoyment in the Ransom Oaks Facilities
shall automatically extend to all members of his immediate
family, provided they reside with such Member. No guests
shall be entitled to exercise such right of enjoyment,
or to any use of Ransom Oaks Facilities, except as
provided for in the rules or regulations adopted and
promulgated by the Community Corporation.
THE MAINTENANCE ASSESSMENT
Section 6.01. Imposition, Personal Obligation,
Lien: Each Unit Owner, by becoming an owner
by the acceptance of a deed or otherwise, whether
or not the deed or other conveyance so provides,
shall be deemed to covenant and agree to pay to the
Community Corporation:
(1) Annual assessments or charges; and
(2) Special assessments for capital improvements.
Such assessments shall be fixed, established and
collected from time to time as hereinafter provided.
These annual and special assessments, together with
such interest thereon and costs of collection as hereinafter
provided, shall be a charge on the land and shall be
a continuing lien upon the property against which each
such assessment is made. Each such assessment, together
with such interest thereon and cost of collection thereof
as hereinafter provided, shall also be the personal
obligation of the person who was the owner of such
property at the time when the assessment fell due.
Section 6.02. Notice and Date of Commencement
of Assessments: The maintenance assessments
provided for herein shall commence on the first day
of the month designated by the Board of Directors
of the Community Corporation to be the month of commencement.
The first annual assessments shall be adjusted according
to the number of months remaining in the fiscal year
as established by the Board of Directors, and such
assessments shall thereafter be on a full year basis.
The Board of Directors of the Community Corporation
shall fix the amounts of the annual assessments against
each Unit at least thirty (30) days in advance of
each annual assessment period and the Board shall
also establish due dates for such assessments. Separate
due dates may be established by the Board for partial
annual assessments as long as said assessments are
established at least thirty (30) days before due.
Written notice of the annual assessments shall be
sent to every Owner subject thereto.
Section 6.03. Assessments on Specific Units: The
Unit Owner of each Commercial Unit, Multi-family Unit
and Private Dwelling Unit shall be liable for the payment
of established maintenance assessments and special
charges on the first day of the month following the
date on which the Unit was occupied for the very first
time, which said assessment shall be paid on a pro-rata
basis.
Section 6.04. Basis and Maximum of Annual
Assessments of the Community Corporation: The
maximum annual maintenance assessments for the Ransom
Oaks Community Corporation shall be based upon the
following percentages of the total State, County,
Town and School Real Property Taxes, exclusive only
of special assessments for local improvements, due
and payable in the twelve month period preceding
the fiscal year for which the maintenance assessment
is being charged, and based upon said Taxes being
paid on the full assessed value, with no credit being
given for a veteran's or any other type of exemption
except that no annual maintenance assessment shall
be charged to Exempt Property as defined in Article
I, Section 1.01 hereof:
Lots used for private dwelling units 7.5%
Lots used for multi-family units 5.0%
Lots used for commercial units 2.5%
If the assessment used by the Town of Amherst in
determining the last Tax which was due and payable
prior to the beginning of the fiscal year of the Community
Corporation was not for a completely constructed building,
then the above percentage shall be taken on the total
State, County, Town and School Real Property Taxes,
exclusive only of special assessments for local improvements,
which would be due and payable as provided for above
on a fully assessed Unit. The Community Corporation
shall attempt to obtain the full tax assessment of
such Unit from the Town or Amherst prior to establishing
the maintenance assessment for such Unit. If such tax
assessment cannot be obtained, the Board of Directors
shall establish and shall arbitrarily set a figure
to be used and the total maintenance assessments paid
shall be properly adjusted when the official tax assessment
for the completed Unit is determined.
The Board of Directors of the Community Corporation
subject to the preservation of the Private Dwelling
- Multi-family - Commercial Unit ratio set forth herein,
may, after consideration of current maintenance costs
and future needs of the Community Corporation, fix
the actual assessment for any year at a lesser amount.
Section 6.05. Change in Basis and Maximum
of Annual Assessments: Subject to the limitations
of Section 6.08 hereof, the Community Corporation
may change the basis and maximum of the assessments
provided for in Section 6.04 above in the following
manner:
A change in basis or an increase of more than fifty
(50) percent in the established maximum assessments
if such assessments are based on a dollar amount, or
an increase of more than fifty (50) percent in the
percentage if such assessments are based on percentage,
shall require the consent of two-thirds (2/3) of the
total votes of each class of Members voting upon written
ballot which shall be sent to all Members at least
thirty (30) days in advance of the canvass thereof;
and increases of fifty percent or less shall require
the consent of two-thirds (2/3) of the total votes
of each class of Members voting in person or by proxy
or through a representative (as provided in Article
IV, Section 4.08 hereof or the By-Laws) at a meeting
duly called for this purpose, written notice of which
shall be sent to all Members at least thirty (30) days
in advance and shall set forth the purpose of the meeting.
If the purpose or method of real property taxation
is altered by governmental legislation or otherwise
so as to make the basis and/or maximum as set forth
in Section 6.04 insufficient to enable the Community
Corporation to fund its needs, and, if in the opinion
of the Board of Directors of the Community Corporation
a change in the basis and/or maximum of the annual
assessment cannot be accomplished as provided above,
the basis for the annual maximum assessment shall be
determined at the discretion of the Board of Directors
by either of the following methods:
(1) By changing the percentages set forth in Section
6.04 above so that the new amount of maximum annual
assessment on each Unit will equal the amount of the
highest maximum assessment which could have been charged
in the last preceding five years under the percentages
set forth in Section 6.04.
(2) By taking the percentage of the full assessed
value of each Unit which would equal in amount the
percentages of total taxes as set forth in Section
6.04 for Private Dwelling, Multi-family and Commercial
Units. No credit shall be given for a veteran's or
any other type of exemption, except that no annual
maintenance assessment shall be charged to Exempt Property
as defined in Article I, Section 1.01 hereof.
Section 6.06. Right to Lower Assessment for
Persons Over the Age of Sixty-Five: Notwithstanding
any other provision herein, including Sections 6.04
and 6.05, the Board of Directors, may assess Private
Dwelling or Multi-family Units occupied by persons
over the age of sixty-five years at a rate lower
than the rate of assessment levied on other Private
Dwelling or Multi-family Units. Such reduction in
assessment shall be subject to such qualifications
and regulations, which the Board of Directors may
establish from time to time.
Section 6.07. Special Assessments for Capital
Improvements: In addition to the annual
assessments authorized by Section 6.04 hereof, the
Community Corporation may levy in any assessment
year a special assessment, applicable to that year
only, for the purpose of defraying, in whole or in
part, the cost of any construction or reconstruction
of, or unexpected repair or replacement of a described
capital improvement to the Ransom Oaks Facilities,
including the necessary fixtures and personal property
related thereto, subject, however, to the preservation
of the Private Dwelling-Multi-family-Commercial Unit
ratio as set forth in Section 6.04 hereof and in
accordance with the following:
Any special assessment levied in excess of 20% of
the maximum annual maintenance assessment for any assessment
year shall require the consent of two-thirds (2/3)
of the total votes of each class or Members voting
upon written ballot which shall be sent to all Members
at least thirty (30) days in advance of the canvass
thereof; any special assessment levied in the amount
of 20% or less of the maximum annual assessment shall
require the consent of two-thirds (2/3) of the total
votes of each class of Members voting in person or
by proxy or through a representative, as provided in
Article IV, Section 4.08 hereof or in the By-Laws,
at a meeting duly called for this purpose, written
notice of which shall be sent to all Members at least
thirty (30) days in advance and shall set forth the
purpose of the meeting.
Section 6.08. Preservation of Assessment
Ratio: Notwithstanding any other provision
herein, except Section 6.06 which pertains to Units
occupied by persons over the age of sixty-five years,
no assessments levied by the Community Corporation
and no change in the basis or maximum for such assessments
shall be valid unless the ratio established by Section
6.04 hereof between assessments applicable to each
Private Dwelling Unit, Multi-Family Unit and Commercial
Unit shall be preserved.
Section 6.09. Effect of Non-payment of Assessment: If
a maintenance or special assessment is not paid on
the due date, as established pursuant to Section 6.02
hereof, then such assessment shall become delinquent
and shall, together with such interest thereon and
cost of collection thereof as herein provided, thereupon
become a continuing lien on the property which shall
bind such property in the hands of the then Owner,
his heirs, devisees, personal representatives, successors
and assigns. In addition to the lien rights, the personal
obligation of the then Owner to pay such assessment
shall remain his personal obligation and shall not
pass to his successors in title unless expressly assume
bythem.
If the assessment is not paid within thirty (30)
days after the delinquency date, the assessment shall
bear interest from the date of delinquency at such
rate as may be fixed by the Board of Directors from
time to time, which rate shall not exceed the maximum
rate of interest permitted by New York State law at
the time it is so fixed, and the Community Corporation
may bring legal action against the Owner personally
obligated to pay the same or to foreclose the lien
against the property, and there shall be added to the
amount of such assessment the cost of such proceedings,
including reasonable attorneys' fees, and interest.
Section 6.10. Use of Funds: The
assessments levied under this Article shall be used
exclusively for the benefit of the Residents and Commercial
Occupants of Ransom Oaks, and in particular for the
acquisition, improvement and maintenance of the properties,
services and facilities devoted to the purpose of promoting
the recreation, health, safety and welfare of said
Residents and Commercial Occupants including, but not
limited to, the payment of taxes and insurance on said
properties and facilities and the repair, replacement
and additions thereto and for the cost of labor, equipment,
materials, management and supervision thereof and for
such other needs as may arise.
Section 6.11. Right to Borrow and Mortgage: In
order to fulfill the purposes set forth herein, the
Community Corporation may borrow funds from any recognized
lending institution and in conjunction therewith mortgage
its properties. The amount, terms, rate or rates of
all borrowing and the provisions of all agreements
with Note Holders shall be determined by the Board
of Directors acting in its absolute discretion.
Section 6.12. Repayment of Monies Borrowed: In
order to secure the repayment of any and all sums borrowed
from time to time, the Community Corporation is hereby
granted the right and power:
(i) To assign and pledge all revenues received and
to be received by it under any provision of this Declaration
including, but not limited to, the proceeds of the
maintenance assessments thereunder;
(ii) To enter into agreements with Note Holders with
respect to the collection and disbursement of funds
including, but not limited to, agreements wherein the
Community Corporation covenants:
(a) To assess the maintenance assessments on a given
day in each year and, subject to the limitation on
amount specified in Section 6.04 hereunder, to assess
the same at a particular rate or rates;
(b) To establish sinking funds and/or other security
deposits;
(c) To apply all funds received by it first to the
payment of all principal and interest, on such loans
when due, or to apply the same to such purpose after
providing for costs of collection;
(d) To establish such collection, payment and lien
enforcement procedures as may be required by the Note
Holders;
(e) To provide for the custody and safeguarding of
all funds received by it.
Section 6.13. Right to Contract Duties: The
Community Corporation shall be entitled to contract
with any corporation, firm, trust company, bank or
other entity for the performance of various duties
imposed on it hereunder. The performance by any such
entity shall be deemed to be the performance of the
Community Corporation. This right shall entitle the
Community Corporation to enter into common management
agreements with local Associations, condominiums and
cooperatives.
Section 6.14. Right to Maintain Surplus: The
Community Corporation shall not be obligated in any
calendar year to spend all the sums collected in such
year by way of maintenance assessments, or otherwise,
and may carry forward as surplus any balances remaining;
nor shall the Community Corporation be obligated to
apply any such surpluses to the reduction of the amount
of the maintenance assessment in the succeeding year,
but may carry forward from year to year such surplus
as the Board of Directors in its absolute discretion
may determine to be desirable for the greater financial
security and the effectuation of the purposes of the
Community Corporation.
Section 6.15. Assessment Certificates: Upon
written demand of an Owner, the Community Corporation
shall, within a reasonable period of time, issue and
furnish to said Owner a certificate in writing signed
by an officer of the Community Corporation setting
forth, as of the date of the Certificate, whether the
maintenance assessment and special assessments, if
any, have been paid with respect to any specified property
and setting forth the amount of such assessments, including
interest and costs, if any, due and payable as of such
date. A reasonable charge, as determined by the Boards
of Directors, may be made for the issuance of these
certificates, which charge must be paid at the time
that the request is made. Any such certificates, when
duly issued as herein provided, shall be conclusive
and binding with regard to any matter therein stated
as between the Community Corporation and any bona fide
purchaser of, or lender on, the property in question.
Section 6.16. Subordination of Maintenance
Assessment Lien to Mortgages: The lien
of the assessments provided for herein shall be subordinate
to the lien of any mortgage or mortgages now or hereafter
placed upon the properties subject to said assessments;
provided, however, that such subordination shall
apply only to the assessments which have become due
and payable prior to a sale or transfer of such property
pursuant to a decree of foreclosure, or any other
proceeding in lieu of foreclosure. Such sale or transfer
shall not relieve such property from liability for
any assessments thereafter becoming due, nor from
the lien of any such subsequent assessment.
ARTICLE VII
THE ARCHITECTURAL CONTROL COMMITTEE
Section 7.01. Composition of Architectural
Committee: The Architectural Committee
shall be composed of five or more persons, at least
one of who shall be a licensed architect or professional
engineer registered to practice as such in any state.
The Developer shall designate the Committee members
during the Development Period and thereafter by the
Community Corporation.
Section 7.02. Basis for Disapproval of Plans
and/or Specifications: The Architectural
Committee shall have the right to disapprove any
plans and specifications submitted pursuant to this
Declaration for any of the following reasons:
(a) The failure of such plans or specifications to
comply with any Protective Covenants, Conditions or
Restrictions now in effect or hereafter imposed on
the Property and which benefit or encumber the Property
at the time the Committee acts;
(b) Failure to include information in such plans
and specifications as may have been reasonably requested;
(c) Objection to the exterior design, appearance
or materials of any proposed Structure;
(d) Incompatibility of any proposed Structure or
use with existing Structures or uses upon other Lots
in the vicinity;
(e) Objection to the location of any proposed Structure
upon any Lot or with reference to other Lots in the
vicinity;
(f) Objection to the grading plan for any Lot;
(g) Objection to the color scheme, finish, proportions,
style of architecture, height, bulk or appropriateness
of any proposed Structure;
(h) Objection to parking areas proposed for any Lot
on the grounds of (i) incompatibility to proposed uses
and Structures on such Lot or (ii) the insufficiency
of the size of the parking areas in relation to the
proposed use of the Lot; or
(i) Any other matter which, in the judgment of the
Architectural Committee, would render the proposed
Structure, Structures use or uses inharmonious with
the general plan of improvement of the Property or
with Structures or uses located upon other Lots in
the vicinity.
Section 7.03. Written Notification of Committee's
Actions: In any case where the Architectural
Committee shall disapprove any plans and specifications
submitted hereunder, or shall approve the same only
as modified or upon specified conditions, suchdisapproval
or qualified approval shall be accompanied by a statement
of the grounds upon which such action was based.
In any such case the Architectural Committee shall,
if requested, make reasonable efforts to assist and
advise the applicant, so that an acceptable proposal
can be prepared and submitted for approval.
Upon approval by the Architectural Committee of any
plans and specifications submitted pursuant to the
provisions herein contained, a copy of such plans and
specifications as approved shall be deposited for permanent
record with the Architectural Committee, and a copy
of such plans and specifications, bearing such approval
in writing, shall be returned to the applicant submitting
the same.
Section 7.04. Failure of Committee to Act: If
the Owner of the Lot in question has not received notice
of the Architectural Committee's decision to approve
or disapprove any plans and specifications within 35
days after submission thereof, he may notify the Association
of that fact and if such second notice is given, the
Architectural Committee's approval shall be deemed
to have been granted, unless notice to the contrary
is given within the later of the following:
(a) 35 days of the date on which such second notice
was given, or
(b) 105 days of the date on which the original request
for an approval was delivered.
Section 7.05. Construction Not in Accordance
with Approved Plans and Specifications: If
any Structure shall be altered, erected, placed or
maintained upon any Lot, or any new use commenced
on any Lot, otherwise than in accordance with plans
and specifications approved by the Architectural
Committee pursuant to the provisions of this Article
VII, such alteration, erection, maintenance or use
shall be deemed to have been undertaken in violation
of this Article VII and without the approval required
herein and, upon written notice from the Architectural
Committee, any such Structure so altered, erected,
placed or maintained upon any Lot in violation hereof
shall be removed or altered, and any such use shall
be terminated, so as to extinguish
such violation.
If the Owner of the Lot upon which such violation
exists shall not have taken reasonable steps toward
the removal or termination of such violation fifteen
(15) days after the notice of the same, the Community
Corporation or the Association shall have the right,
through its agents and employees, to enter upon such
Lot and to take such steps as may be necessary to extinguish
such violation and the cost thereof shall be a binding,
personal obligation of such Owner as well as a lien
upon the Lot in question. Such lien shall be enforceable
in the same manner as a mortgage. The lien provided
in this Section 7.05 shall not be valid as against
a bona fide purchaser or bona fide mortgagee of the
Lot in question unless said lien has been filed or
docketed of record in the Office of the Erie County
Clerk prior to the recordation of the instrument conveying
the Lot in question to such purchaser or subjecting
said Lot to such mortgage.
Section 7.06. Committee's Right to Promulgate
Rules; Effect of Committee's Actions: Provided
there is no inconsistency with the provisions of
these Protective Covenants, Conditions and Restrictions,
the Architectural Committee maypromulgate
rules governing the form and content of plans to
be submitted for approval or requiring specific improvements
on Lots including, without limitation, exterior lighting
and planting, and may issue statements of policy
with respect to approval or disapproval of the architectural
styles or details, or other matters, which may be
presented for approval. Such rules and such statements
of policy may be amended or rescinded by the Architectural
Committee at any time, and no inclusion in, omission
from- or amendment of- any such rule or statement
shall be deemed to bind the Architectural Committee
to approve or disapprove any feature or matter subject
to approval, or to waive the exercise of the Architectural
Committee's discretion as to any such matter, but
no change of policy shall affect the finality of
any approval granted prior to such chance. Approval
for use on any Lot of any plans or specifications
on any Lot shall not be deemed a waiver of the Architectural
Committee's rights in its discretion, to disapprove
such plans or specifications or any of the features
or elements included therein if such plans specifications
or any of the features or elements are subsequently
submitted for use on any other Lot or Lots. Approval
of any such plans and specifications relating to
any Lot, however, shall be final as to that Lot and
such approval may not be revoked or rescinded thereafter
provided, (i) that the Structures or uses shown or
described on or in such plans and specifications
do not violate any specific prohibitions contained
in any Protective Covenants, Conditions or Restrictions
now in effect or hereinafter imposed on the Property
and which benefit or encumber the property at the
time of construction, and (ii) that the plans and
specifications, as approved, and any condition attached
to any such approval, have been adhered to and complied
with in regard to all Structures on and uses of the
Lot in question.
Section 7.07. Committee's Right to Separate
Itself into Subcommittees: In order to
better accomplish its functions, the Architectural
Committee may divide itself into subcommittees having
a minimum of three members each, with no limitation
on the number of subcommittees upon which a member
may serve. Each subcommittee shall have the authority
to act for the entire Architectural Committee as
long as the number and identity of its members and
its functions and scope of authority have been promulgated
by a resolution of the entire Architectural Committee.
The Architectural Committee or any subcommittee may,
by resolution authorize an individual member to act
on its behalf in performing certain functions of
the Architectural Committee, which functions must
be specifically set forth in resolution authorizing
the member to act. The approval or disapproval by
the individual member will be subject, however to
the review of the Architectural Committee or the
appropriate subcommittee if, within 35days
after the decision of the individual, a written request
is filed to have the matter in question reviewed
by the entire Architectural Committee or the appropriate
subcommittee. Nothing herein shall be construed to
mean that any authorized individual member of the
Architectural Committee may not refer a matter to
the Architectural Committee as a whole for decision.
Section 7.08. Certificate of Compliance: Upon
approval or plans in the case where construction or
alteration has not been completed, and upon completion
of the construction or alteration of any Structure
in accordance with plans and specifications approved
by the Architectural Committee, the Architectural Committee
shall, upon written request of the Owner thereof, issue
a Certificate of Compliance in form suitable for recordation,
identifying such Structure and the Lot on which such
Structure is placed, and stating that the plans and
specifications, the location of such Structure and
the use or uses to be conducted thereon have been approved
and that such Structure complies therewith. Preparation
and recording of such certificate shall be at the expense
of such Owner. Any Certificate of Compliance issued
in accordance with the provisions of this Section 7.08
shall be prima facie evidence of the facts stated therein
and, as to any purchaser or encumbrance in good faith
and for value, or as to any title insurer, such certificate
shall be conclusive evidence that all Structures on
the Lot, and the use or uses described therein, comply
with all the requirements of this Article VII, and
with all other requirements of this Declaration as
to which the Architectural Committee exercises any
discretionary or interpretive powers.
Section 7.09. Voting of Architectural Committee: Except
as hereinafter provided, the affirmative vote of a
majority of the Architectural Committee or any subcommittee
shall be required in order to adopt or promulgate any
rule or regulation, or to make any finding, determination,
ruling or order, or to issue any permit, authorization
or approval pursuant to directives or authorizations
contained herein.
Section 7.10. Right to Collect Fee for Examination
of Plans and Specifications: The Architectural
Committee may charge and collect a reasonable fee
not to exceed $25.00 for the examination of any plans
and specifications submitted for approval, payable
at the time such plans and specifications are so
submitted.
ARTICLE VIII
EASEMENTS
Section 8.01. Easements and Rights-of-Way
for Utilities, etc.: Easements and rights-of-way
are hereby expressly reserved to the Developer, its
successors and assigns, and to the Community Corporation
and the local Association, if any, and if there is
no local Association, then also to the owners of
all Lots in the particular subdivision in, on, over
and under all areas of the Property and such additions
thereto as may be made from time to time, whether
within the boundaries of residential or commercial
Lots or in common areas, for the following purposes:
(a) For the erection, installation, construction
and maintenance of (i) poles, wires, lines and conduits,
and the necessary or proper attachments in connection
with the transmission of electricity, telephone and
other utilities and similar facilities and services,
and (ii) storm-water drains land drains, public and
private sewers, pipe lines for supplying gas, water
and heat, and for any other public or quasi-public
utility facility, service or function, whether above
ground or underground, excluding community antenna
television cables and like facilities.
(b) For slope control purposes, including the right
to grade and plant slopes and to prevent any activity
which might interfere with slope ratios approved by
the Developer, its successors and assigns, or which
might create erosion or sliding problems, or change,
obstruct or retard drainage flow.
Such easements, and rights-of-way shall include the
right of ingress and egress, provided that any damage
resulting from the installation, maintenance or repair
of the poles, wires, lines, conduits, cables, attachments
or drainage facilities shall be promptly repaired or
replaced at the expense of the corporation or authority
that directed the entry.
Section 8.02. Drainage Easements: In
addition to the above easements and rights-of-way,
each owner, by taking title to any portion of the Property,
covenants to maintain and repair those drainage facilities
that are situated on the premises conveyed. Each and
every owner of a Lot shall have the right to enter
upon the easement area of any other Lot in the subdivision
for the purpose of installing, maintaining and repairing
the drainage facilities. Unless required by law, the
Town of Amherst shall not be responsible for the maintenance
and repair of the drainage facilities and such maintenance
and repair shall be the responsibility of the Lot Owners.
Section
8.03. Easements and Rights-of-Way for Community
Antenna TelevisionCables : Unless
prohibited by law, until January 1, 1990, easements
and rights-of-way are hereby expressly reserved to
the Developer, its successors and assigns in, on,
over, and under all areas of the Property and such
additions as may be made from time to time for the
installation and maintenance of community antenna
television cables and other facilities used for similar
purposes. After January 1, 1990, such easements and
rights-of-way are hereby expressly reserved to the
Ransom Oaks Community Corporation, its successors
and assigns. Such easements and rights-of-way shall
include the right of ingress and egress, provided
that any damage resulting from the installation,
maintenance or repair of the cables or other facilities
shall be promptly repaired or replaced at the expense
of the corporation or authority that directed the
entry.
ARTICLE IX
GENERAL COVENANTS AND RESTRICTIONS
Section 9.01. Change in Use of Buildings
or Structures: No building or structure
previously approved by the Architectural Committee
shall be used for any purpose other than that for
which it was originally approved without the prior
written approval of the Architectural Committee.
Section 9.02. Approval to Construct: No
building Structure, alteration, addition or improvement
of any character, other than interior alterations not
affecting the external appearance of a building or
Structure, shall be constructed upon any portion of
the Property unless and until a plan of such construction
is approved by the Architectural Committee as to quality
of workmanship and materials, harmony of external design
with surrounding structures, location with respect
to topography and finished grade elevation, the effect
of the construction on the view from surrounding property
and all other factors which will, in the opinion of
the Architectural Committee, affect the desirability
or suitability of the construction. No construction
shall be commenced and no land shall be graded except
in accord with such approved plan or a modification
thereof similarly approved.
Section 9.03. Construction on Open Space: No
Lot or other parcel of land shown as open space on
any filed or recorded map of the Property or on any
subsequent filed or recorded map, and which is an area
in which no residential dwelling units are permitted,
may be subdivided, built upon altered or modified except
as provided on such map, or except in accordance with
an amended final plan thereof approved as now or hereafter
provided by the applicable zoning ordinances. In no
event, however, shall any additional residential dwelling
units be permitted on land shown on such map as open
space, except such land shown as temporary open
space.
Section 9.04. Maintenance Covenants: Each
Owner shall keep all Lots owned by him, and all improvements
therein or thereon, in good order and repair including,
but not limited to, the seeding, watering and mowing
of all lawns, the pruning and cutting of all trees
and shrubbery and the painting or other appropriate
external care of all buildings, and other improvements,
all in a manner and with such frequency as is consistent
with good property management unless said painting
or other external care is the responsibility of an
Association. If, in the opinion of the Architectural
Committee any Owner fails to perform the duties imposed
by this Section 9.04, the Community Corporation or
the Association, if any, after approval by a two thirds
(2/3) decision of the Board of Directors of the Association,
or after fifteen (15) days written notice to the Owner
to remedy the condition in question, shall have the
right, through its agents and employees, to enter upon
the Lot in question and to repair, maintain, repaint
and restore the Lot or such improvements and the cost
thereof shall be a binding, personal obligation of
such Owner as well as a lien upon the Lot in question,
which lien shall be enforceable in the same manner
as a mortgage.
Section 9.05. Enforcement of Lien for Maintenance
Cost: The lien provided in Section 9.04
above shall not be valid as against a bona fide purchaser,
or bona fide mortgagee, of the Lot in question unless
said lien shall have been filed or docketed of record
in the Office of the Erie County Clerk prior to the
recordation of the deed conveying the Lot in question
to such purchaser or prior to the recordation of
the mortgage through which the purchaser obtains
title by reason of foreclosure.
Section 9.06. Advertising and Signs: No
sign or other advertising device of any nature shall
be placed on display to the public view on any Lot,
except temporary signs, not more than five feet square
in size, advertising the property for sale or rent,
and except for temporary signs erected by or with the
permission of the Developer in connection with the
construction, lease, sale of buildings and Lots or
other parcels of the Property. The Architectural Committee
may, in its discretion, adopt and promulgate additional
rules and regulations relating to signs which may be
employed. Signs and other advertising devices may be
erected and maintained upon any portion of the property
zoned for industrial or commercial uses upon approval
of the Architectural Committee, as to the color, location,
nature, size and other characteristics of such signs
and devices.
Section 9.07. Animals. Birds and Insects: No
animals, birds or insects shall be kept or maintained
on any Lot except for domestic purposes. Under no circumstances
shall any commercial or business enterprise involving
the use of animals, birds or insects be conducted on
the Property without the express written consent of
the Architectural Committee. The Architectural Committee
may, from time to time, impose reasonable regulations
setting forth the type and number of animals, birds
and insects that may be kept on any Lot and may restrict
certain types of animals, birds or insects entirely.
Section 9.08. Trailer and Boat Storage: No
boats, boat trailers, house trailers, trailers, campers,
snowmobiles or any similar items shall be permitted
to be stored on any Lot for more than fourteen (l4)
days unless garaged or screened in a manner acceptable
to the Architectural Committee.
Section 9.09. Fences and Walls on The Properties: No
fence or wall of any kind shall be erected, begun or
permitted to remain upon any portion of the Property
unless approved by the Architectural Committee.
Section 9.10. Garbage and Refuse Disposal: No
lumber, metals, bulk materials, refuse or trash shall
be kept, stored, or allowed to accumulate on any Lot,
except building materials during the course of construction
of any approved Structure. Trash, garbage or other
waste shall not be kept except in sanitary containers.
If trash or other refuse is to be disposed of by being
picked up and carried away on a regularly scheduled
basis, containers may be placed in the open, on any
day that a pick-up is to be made, at such place on
the Lot so as to provide access to persons making such
pick-up. At all other times such containers shall be
stored in such a manner so that they cannot be seen
from adjacent and surrounding property. The Architectural
Committee may, in its discretion, adopt and promulgate
reasonable rules and regulations relating to the size,
shape, color and type of containers permitted and the
manner of storage of the same on the Property. All
incinerators or other equipment for the storage or
disposal of trash, garbage or other waste shall be
kept in a clean and sanitary condition.
Section 9.11. Sewage Disposal Systems: No
individual sewage disposal system shall be permitted
on any Lot unless such system is designed, located
and constructed in accordance with the requirements,
standards and recommendations of the Town of Amherst
and the County of Erie. Approval of such system as
installed shall be obtained from such authority and
from the Architectural Committee.
Section 9.12. No Above Surface Utilities
Without Approval: No facilities, including
poles and wires, for the transmission of electricity,
telephone messages and the like shall be placed or
maintained above the surface of the ground on any
Lot, and no external or outside antennas of any kind
shall be maintained, without the prior written approval
of the Architectural Committee.
Section 9.13. Noxious or Offensive Activities: No
noxious or offensive activity shall be carried upon
any portion of the Property, nor shall anything be
done thereon that may be or become a nuisance or annoyance
to the neighborhood or to the residents therein.
Section 9.14. Party Walls: Each
wall that is built as a part of the original construction
of any building located on the Property that is placed
on the dividing line between two or more Lots shall
constitute a party wall. The cost of reasonable repair
and maintenance of a party wall shall be shared by
the owners who make use of the wall in proportion to
such use. If a party wall is destroyed or damaged by
fire or other casualty any owner who has used the wall
may restore it and if the other owners thereafter make
use of the wall they shall contribute to the cost of
restoration in proportion to such use, which right
of contribution shall, however, be without prejudice
to the right of any owner to call for a larger contribution
from the others under any rule of law regarding liability
for negligent or willful acts or omissions. Notwithstanding
any other provision of this paragraph, an owner who
by his negligent or willful act causes the party wall
to be exposed to the elements shall bear the whole
cost of furnishing the necessary protection against
such elements. In the event any dispute arises concerning
a party wall, each owner shall choose one arbitrator,
who shall choose an additional arbitrator, and their
decision with respect to the dispute shall be by a
majority and shall be binding upon the owners and enforceable
in any court having jurisdiction over them. To the
extent not inconsistent with the provisions of this
paragraph, the law of the State of New York regarding
party walls and liability for property damage due to
negligence or willful acts or omissions shall apply
thereto.
Section 9.15. Pipes Oil and Mining Operations: No
water pipe, gas pipe, sewer pipe or drainage pipe shall
be installed or maintained on any Lot above the surface
of the ground, except hoses and movable pipes used
for irrigation purposes. No Lot shall be used for the
purpose of boring, drilling, refining, mining, quarrying,
exploring for or removing oil or other hydrocarbons,
minerals, gravel or earth. No derrick or other structure
designed for use in boring for oil or natural gas or
any other mineral shall be erected, maintained or permitted
on any Lot.
Section 9.16. Protective Screening: Where
protective screening areas, screen planting, fences,
or walls are shown on any filed plat or map, the Community
Corporation shall maintain the same, unless a local
Association, for the protection of adjacent property,
owns such areas. No building or Structure, except such
planting, fence or wall, shall be placed or permitted
to remain in such area. No vehicular access shall be
permitted over such area except for the purpose of
installing and maintaining screening, utilities and
drainage facilities, if any.
Section 9.17. Residence Not in Dwelling House: No
temporary building, trailer, basement, tent, shack,
barn, outbuilding, shed, garage, or building in the
course of construction or other structure not a dwelling
house shall be used, temporarily or permanently, as
a residence on any Lot.
Section 9.18. Refuse Near Parks and Water
Courses: No material or refuse shall be
placed or stored on any Lot within twenty (20) feet
of the property line of any part or the edge of any
water course or body of water, except that clean
fill may be placed nearer to the same provided that
the natural water course is not altered or blocked
by such fill.
Section 9.19. Sight Obstructions to Vehicular
Traffic: No fence, wall, tree, hedge, or
shrub planting shall be maintained, in such manner
so as to obstruct sight lines for vehicular traffic.
Section 9.20. Television and Radio Antennas: No
outside television or radio antenna shall be erected
on any Lot unless and until the Architectural Committee
has first granted permission for the same.
Section 9.21. Community Antenna Television
Cables: No community antenna television
cables or other similar facilities shall be erected
or installed on any Lot except under the easement
and right-of-way reserved in Section 8.03 of this
Declaration.
Section 9.22. Trees: Except as
may be required to remove sight line obstructions for
vehicular traffic, no tree having a diameter of four
(4)inches or more, as measured from
a point two feet above ground level, shall be removed
from any Lot without the express written authorization
of Ransom Oaks Community Corporation. The Community
Corporation, in its discretion, may adopt and promulgate
rules and regulations regarding the preservation of
trees and other natural resources and wildlife upon
the Property. If it shall deem it appropriate, the
Community Corporation may mark certain trees, regardless
of size, as not removable without written authorization.
In carrying out the provisions of this section, the
Community Corporation and the Architectural Committee
and the respective agents of each may come upon any
Lot during reasonable hours for the purpose of inspecting
or marking trees or in relation to the enforcement
and administration of any rules and regulations adopted
and promulgated pursuant to the provisions hereof.
Neither the Community Corporation nor the Architectural
Committee, nor their respective agents, shall be deemed
to have committed a trespass or wrongful act by reason
of such entry or inspection.
Section 9.23. Use and Maintenance of Slope
Control Areas: Within any slope control
area shown on any filed map or plat, no structure,
planting, or other materials shall be placed or permitted
to remain, nor shall any activity be undertaken,
which may damage or interfere with established slope
ratios, create erosion or sliding problems, or change
the direction of flow of drainage channels, or obstruct
or retard the flow of water through drainage channels.
The slope control areas of each Lot or other parcel
of the Property and all improvements thereon shall
be maintained continuously by the owner of the Lot
or parcel, except in those cases where a public authority
or utility company is responsible for such improvements.
Section 9.24. Trimming or Pruning at Expense
of Owner of Lot: If the Community Corporation,
the local Association or the Architectural Committee
determine that it is necessary to trim or prune any
tree, hedge or other planting because of its location
or the height to which or the manner in which it
is permitted to grow is detrimental to the adjoining
property or obscures the view of street traffic or
is unattractive in appearance, the Community Corporation
or the Association shall notify the Owner of the
Lot who shall be obliged to remedy the situation.
If the Owner fails to remedy the situation within
fifteen (15) days after such notice is given, then
the Community Corporation or the Association may
take such remedial action at the expense of the Owner.
The Community Corporation and the Association shall
each further have the right, upon like notice and
conditions, to care for vacant or unimproved Lots,
to remove grass, weeds and rubbish therefrom and
to do any and all things necessary or desirable in
the opinion of the Architectural Committee to keep
such property in a neat and clean condition, all
at the cost and expense of the Owner, such cost and
expense to be paid to the Community Corporation or
the local Association upon demand, and if not paid
within thirty days thereof, then to become a lien
upon the property affected, equal in priority to
the lien provided for in Article XIII Section 13.03.
hereof.
Section 9.25. Water Supply Systems: No
individual water supply system shall be permitted on
any Lot unless such system is designed, located and
constructed in accordance with the requirements, standards
and recommendations of the Town of Amherst and the
County of Erie. Approval of such system as installed
shall be obtained from such authority and from the
Architectural Committee.
Section 9.26. Relief for Breach or Violation: Damages
shall not be deemed adequate compensation for any breach
or violation of any provision hereof, and any person
or entity entitled to enforce any provision hereof
shall be entitled to relief by way of injunction as
well as any other available relief either at law or
in equity.
ARTICLE X
RESIDENTIAL PROTECTIVE COVENANTS AND RESTRICTIONS
Section 10.01. Residential Use Only: Property
zoned for residential purposes shall be used only for
residential purposes and purposes incidental and accessory
thereto except that, with the written approval of the
Architectural Committee, any Lot may be used for a
model home or for a real estate office during the Development
Period of Ransom Oaks.
Section 10.02. No Division of Lots Without
Approval: No Lot shall be split, divided,
or subdivided for sale, resale, gift, transfer or
otherwise without the prior written approval of the
Architectural Committee.
Section 10.03. Commercial and Professional
Activity on Residential Property: No profession
or home industry shall be conducted in or on any
part of a Lot or in any improvement thereon on the
Property without the specific written approval of
the Architectural Committee. The Architectural Committee
in its discretion, upon consideration of the circumstances
in each case, and particularly the effect on surrounding
property, may permit a Lot or any improvement thereon
to be used in whole or in part for the conduct of
a profession or home industry. No such profession
or home industry shall be permitted, however, unless
it is considered by the Architectural Committee to
be compatible with a high quality residential neighborhood.
The activities which may be permitted by the Architectural
Committee in its discretion shall include, by way
of illustration but not of limitation, the following:
music, art and dancing classes; day nurseries and
schools; medical, dental and legal offices; fraternal
or social club meeting places; seamstress services.
Section 10.04. Machinery: No machinery
shall be placed or operated upon any residential Lot
except such machinery as is usual in maintenance of
a private residence.
Section 10.05. Repair Work: No
extensive repair work, including, but not limited to
dismantling of any motor vehicles, boats or machines
of any kind, shall be permitted outdoors on any Lot.
Section 10.06. Violation of Protective Covenants
and Restrictions with Authorization of Architectural
Committee: Notwithstanding other provisions
herein the Architectural Committee may authorize
any Owner with respect to his Lot to:
(a) Maintain a sign other than as expressly permitted
herein;
(b) Locate Structures other than the principal dwelling
house within set-back areas; or
(c) Use Structures other than the principal dwelling
house for residence purposes on a temporary basis.
ARTICLE XI
COMMERCIAL PROTECTIVE COVENANTS
AND RESTRICTIONS
Section 11.01. Limitation on Use: Property
zoned for commercial purposes shall be used only for
one or more of the following purposes:
(1) Business and professional offices;
(2) Facilities for the retail sales of goods and
services, banks and other financial institutions;
(3) Facilities for the cleaning and laundering of
clothes and automobiles;
(4)Places of worship;
(5) Community, civic, social, and cultural clubs
and centers, libraries, nursery and other schools,
including schools of special instruction; medical centers,
hospitals, and clinics; nursing, care, rest, and convalescent
homes, and charitable institutions not of a correctional
nature; mortuaries;
(6) Restaurants, hotels and motels, theatres, and
recreational facilities and sports arenas, including
skating rinks and bowling alleys; marinas;
(7)Public transportation terminals,
stations, and rights-of-way; automobile parking facilities
and gasoline stations;
(8) Facilities maintained by any governmental authority
for administrative, cultural, educational, health,
or welfare purposes;
(9) Residential purposes; and
(10) Such uses, whether or not incidental or accessory
to any of the foregoing, as the Architectural Committee
may approve.
Section 11.02. Residential Use: The
Property zoned for commercial purposes and which is
used for residential purposes shall also be subject,
while so used, to the Residential Protective Covenants
and Restrictions in Article X hereof.
ARTICLE XII
WATERFRONT AREAS AND WATERWAYS
Section 12.01. Additional Restrictions on
Waterfront Property and Waterways: Any
Lot which shall abut upon any lake, stream, creek,
brook, canal or other waterway, hereinafter collectively
referred to as Waterways, shall
be subject to the following additional restrictions:
(a) Erection of Docks, etc.: No wharf, pier, dock,
bulkhead, barge, piling, float or other structure shall
be built or maintained upon any waterfront site without
the specific written approval of Ransom Oaks Community
Corporation and the Architectural Committee.
(b) Construction of Canals: No boat canal shall be
constructed upon any Lot nor shall any facility or
device be constructed or installed upon any Lot, which
shall in any way alter the course of natural or established
boundaries of any Waterway or which shall involve or
result in the removal of water from any Waterway.
(c) Boat Storage: No boat or boat trailer shall be
stored on any Lot in such manner as to be visible,
from surrounding properties or from the abutting Waterway.
(d) Vehicle Parking and Storage: No vehicle shall
be parked or stored within twenty feet of the waterfront.
(e) Boat Mooring: No boat shall be moored so as to
obstruct navigation on any Waterway.
Section 12.02. No Disposal of Refuse Into
Waterways: No garbage, trash or other refuse
of any kind shall be dumped, disposed of or placed
into any Waterway.
Section 12.03. Boats: No powerboat,
whether powered by an inboard or outboard motor, except
a boat powered by an electric motor, and no boat longer
than fifteen (15) feet, shall be operated upon any
Waterway. The operation of all boats shall conform
to all rules and regulations promulgated by Ransom
Oaks Community Corporation concerning the use of boats.
Section 12.04. Use of Waterways: All
use of Waterways, including, but not limited to boating,
swimming, ice skating, water skiing, fishing and as
a source of water for landscape maintenance shall be
subject to the rules and regulations of the Community
Corporation or Association which owns such Waterway.
ARTICLE XIII
ENFORCEMENT, AMENDMENT AND DURATION OF PROTECTIVE
COVENANTS, CONDITIONS AND RESTRICTIONS
Section 13.01. Enforceable by: The
Protective Covenants, Conditions and Restrictions contained
in this Declaration and in any supplemental declaration
shall bind the Property and shall be construed as running
with the land and shall inure to the benefit of and
be enforceable by the Declarant, the Developer of Ransom
Oaks, the Ransom Oaks Community Corporation and any
local Association, each of which shall be deemed the
agent for all of its members for such purposes, and
by the Owner of any Lot included in the Property, their
respective legal representatives, heirs, successors
and assigns, by actions at law or by suits in equity.
Section 13.02. No Waiver by Failure to Enforce: The
failure of any person or organization to enforce any
protective covenant, condition or restriction herein
contained shall in no event be construed as a waiver
of the right by that or any other person or organization
to do so thereafter, as to the same violation or breach
occurring prior or subsequent thereto. No liability
shall attach to the Declarant or to the Developer of
Ransom Oaks or to any other person or organization
for failure to enforce such protective covenants, conditions
or restrictions.
Section 13.03. Entry to Enforce: Violation
or breach of any protective covenant, condition or
restriction herein contained shall give the Declarant,
the Developer of Ransom Oaks, the Community Corporation
or the local Association, their respective legal representatives,
heirs, successors and assigns, in addition to all other
remedies, the right to enter upon the land upon or
as to which such violation or breach exists, and summarily
to abate and remove any erection, thing or condition
that may be or exist thereon contrary to the intent
and meaning of the provisions hereof, using such force
as may be reasonably necessary, at the expense of the
Owner thereof, and neither the persons entering, abating
or removing, nor the organization directing the entry,
abatement or removal shall be deemed liable for any
manner of trespass for such action. The Owner shall
pay on demand the cost and expense of such abatement
or removal, which cost shall include attorneys' fees
and other costs in connection with seeking a court
order. The cost of such abatement or removal shall,
when due, become a lien upon the portion of the Property
affected. Nothing contained in this Section 13.03 shall
be deemed to affect or limit the right of the Owners
of the Lots within the Property to enforce covenants
or restrictions by appropriate judicial proceedings.
Section 13.04. No Reverter: No
protective covenant, condition or restriction herein
is intended to be, or shall be construed as, acondition
subsequent or as creating a possibility of reverter.
Section 13.05. Future Owners Bound: Each
grantee accepting a deed, lease or other instrument
conveying any interest in any Lot or any portion of
the Property, whether or not said deed, lease or other
instrument incorporates or refers to these Protective
Covenants, Conditions and Restrictions, covenants for
himself, his heirs, successors and assigns to observe,
perform and be bound by these Protective Covenants,
Conditions and Restrictions including personal responsibility
for the payment of all charges that may become liens
against his property and which become due while be
is the owner thereof, and also covenants to incorporate
these Protective Covenants, Conditions and Restrictions
by reference in any deed or other conveyance of all
or any portion of his interest in any real property
subject hereto.
Section 13.06. Inspection Rights: Any
agent of the Developer, the Community Corporation,
the local Association or the Architectural Committee
may at any reasonable time or times enter upon and
inspect any Lot and the exterior of any improvements
thereon for the purpose of ascertaining whether the
maintenance of such Lot and the maintenance, construction,
or alteration of structures thereon are in compliance
with these Protective Covenants, Conditions and Restrictions;
and neither the Developer, the Community Corporation,
the Association nor the Architectural Committee nor
any such agent shall be deemed to have committed a
trespass or other wrongful act by reason of such entry
or inspection.
Section 13.07. Amending: Unless
otherwise specifically provided for herein, these Protective
Covenants, Conditions and Restrictions may be amended
as follows:
(a) Prior to January 1, 1990: by an instrument signed
by the Developer and the Owners having not less than
three-fourths (3/4) of the votes of all Units which
are subject to this Declaration.
(b) On and after January 1, 1990 and prior to January
1, 2000: by an instrument signed by the Owners having
not less than three-fourths (3/4) or the votes of all
Units that are subject to this Declaration.
(c) On and after January 1, 2000: by an instrument
signed by the Owners having not less than two- thirds
(2/3) of the votes of all Units which are subject to
these Protective Covenants, Conditions and Restrictions.
In voting for such amendments, the Owner of each
Private Dwelling Unit shall have three (3) votes. The
Owner of each Multi-family Unit shall have two (2)
votes and the Owner of each Commercial Unit shall have
one (1) vote.
The Owners of every Private Dwelling Unit, Multi-family
Unit and Commercial Unit must receive written notice
of every proposed amendment at least sixty (60) days
prior to the date set for voting on said proposed amendment.
Section 13.08. When Amendment Becomes Effective: Any
amendment to these Protective Covenants, Conditions
and Restrictions shall not become effective until the
instrument evidencing such change has been duly recorded
in the Office of the Clerk of the County of Erie.
Section 13.09. Duration: These
Protective Covenants, Conditions and Restrictions shall,
unless amended as hereinafter provided, continue with
full force and effect against both the Property and
the Owners thereof until December 31, 2010, and shall,
as then in force, be automatically without further
notice, extended for successive periods of ten years,
except that after December 31, 2010, these Protective
Covenants, Conditions and Restrictions may be terminated
by an instrument signed by Members entitled to cast
not less than two-thirds (2/3) of the votes of all
units.
Section 13.10. Construction and Interpretation: Ransom
Oaks Community Corporation and any local Association
shall have the right to construe and interpret the
provisions of the Protective Covenants, Conditions
and Restrictions and, in the absence of an adjudication
by a court of competent jurisdiction to the contrary,
their construction or interpretation shall be final
and binding as to all persons or property benefited
or bound by the provisions hereof. Subject to the foregoing,
the Architectural Committee shall have the right to
determine all Questions arising in connection with
its functions as set forth herein and construe and
interpret the Protective Covenants, Conditions and
Restrictions with respect thereto, and likewise its
construction or interpretation shall be final and binding
in the absence of an adjudication by a court of competent
jurisdiction to the contrary.
Any conflict in construction or interpretation between
Ransom Oaks Community Corporation or the Architectural
Committee and any other person or entity entitled to
enforce the provisions hereof shall be resolved in
favor of the construction or interpretation of the
Community Corporation or the Architectural Committee
if the Committee is acting within its authority. The
Ransom Oaks Community Corporation and the local Associations
and the Architectural Committee, to the extent specifically
provided herein, may adopt and promulgate reasonable
rules and regulations regarding the administration,
interpretation and enforcement of the provisions or
this Declaration. In so adopting and promulgating such
rules and regulations, and in making any findings,
determination, ruling or order or in carrying out any
directive contained herein relating to the issuance
of permits, authorizations, approvals, rules or regulations,
the Community Corporation, the Association and the
Architectural Committee shall take into consideration
the best interest of the Owners, Tenants and Commercial
Occupants and of the Property to the end that the Property
shall be preserved and maintained as a high quality
community.
In granting any permit, authorization, or approval,
as herein provided, the Community Corporation, the
Association and the Architectural Committee may impose
any conditions or limitations thereon as they shall
deem advisable under the circumstances in each case
in light of the considerations set forth in the immediately
preceding paragraph hereof.
Section 13.11. Conflict with Municipal Laws: These
Protective Covenants, Conditions and Restrictions shall
not be taken as permitting any action or thing prohibited
the applicable zoning laws, or the laws, ordinances,
rules or regulations of any governmental authority,
or by specific restrictions imposed by and deed or
lease. In the event of any conflict, the most restrictive
provision of such laws, ordinances, rules, regulations,
deeds, lease or these Protective Covenants, Conditions
and Restrictions shall be taken to govern and control.
Section 13.12. Attorney's Fees: Any
party to a proceeding who succeeds in enforcing a restriction
or enjoining the violation of a restriction against
a Lot Owner may be awarded a reasonable attorneys'
fee against such Lot Owner.
Section 13.13. Change of Conditions: No
change of conditions or circumstances shall operate
to amend any of the provisions of these Protective
Covenants, Conditions and Restrictions, and the same
may be amended only in the manner provided herein.
Section 13.14. Invalidity of Agreement or
Declaration: The determination by any court
that any provision hereof is unenforceable, invalid
or void shall not affect the enforceability or validity
of any other provision hereof.
ARTICLE XIV
GENERAL
Section 14.01. Heading and Captions: The
headings and captions contained in these Protective
Covenants, Conditions and Restrictions are for convenience
only and shall not affect the meaning or interpretations
of the content thereof.
Section 14.02. Right Reserved to Impose Additional
Protective Covenants: The Declarant reserves
the right to record additional protective covenants
and restrictions prior to the conveyance or any lands
encumbered by these Protective Covenants, Conditions
and Restrictions.
Section 14.03. Notice: Any notice
required to be sent to any Member, Owner, Tenant or
Occupant under the provisions of the Declaration shall
be deemed to have been properly sent when mailed, postage
prepaid, to the last known address of the person who
appears as Member, Owner, Tenant or Occupant on the
records of the Community Corporation or the local Association,
whichever is sending such notice, at the time of such
mailing.
Section 14.04. Right of Community Corporation
and Association to Transfer: Notwithstanding
any other provision herein to the contrary, the Community
Corporation and all local Associations, their heirs
and successors, shall at all times have the absolute
right to transfer, convey and assign their right,
title and interest under this Declaration to any
successor not-for-profit corporation or trust, and
upon such assignment the successor corporation or
trust shall have all the rights and be subject to
all the duties of said Community Corporation or Association
as set forth in this Declaration and shall be deemed
to have agreed to be bound by all provisions hereof,
to the same extent as if the successor corporation
or trust had been an original party and all references
herein to Board of Directors shall refer to the Board
of Directors (or Trustees) of such successor corporation
or trust. Any such assignment shall be accepted by
the successor corporation or trust under a written
agreement pursuant to which the successor corporation
or trust expressly assumes all the duties and obligations
of the Community Corporation or the Association,
whichever it is succeeding. If, for any reason the
Community Corporation or the Association shall cease
to exist without having first assigned its rights
hereunder to a successor corporation or trust, the
covenants, easements, charges and liens imposed hereunder
shall nevertheless continue and any Owner may petition
the court of competent jurisdiction to have a trustee
appointed for the purpose of organizing a non-profit
corporation or trust to take over the duties and
responsibilities of the corporation ceasing to exist,
subject to the conditions provided for herein with
respect to an assignment and delegation to a successor
corporation or trust.
Section 14.05. Transfer of Functions: Unless
otherwise specifically prohibited herein or within
the Certificates of Incorporation or By-Laws of either
the Community Corporation or the local Association,
any and all functions of the Community Corporation,
in so far as they affect the members of the local Association,
shall be fully transferable, in whole or in part to
the local Association and any and all functions of
the local Association shall be fully transferable in
whole or in part of the Community Corporation.
IN WITNESS
WHEREOF, WOODGATE HOMES, INC. and COMMUNITY DEVELOPMENT & LAND
CORP. have caused their corporate seals to be hereunto
affixed, and these presents to be signed by their
duly authorized officers this 20 th day of April,
Nineteen Hundred and Seventy-two.
WOODGATE HOMES, INC.
(SEAL)
By ________________________________
Charles J. Palmeri, President
COMMUNITY
DEVELOPMENT & LAND CORP.
(SEAL)
By ________________________________
Charles J. Palmeri, President
STATE OF NEW YORK)
) SS.
COUNTY OF ERIE)
On this
20th day of April, Nineteen Hundred and Seventy-two
before me personally came CHARLES J. PALMERI, to me
personally known, who, being by me duly sworn, did
depose and say that he resides in the Town of Orchard
Park, New York, that he is the President of WOODGATE
HOMES, INC. and COMMUNITY DEVELOPMENT & LAND CORP.,
the corporations described in, and which executed the
within Instrument; that he knows the seals of said
corporations; that the seals affixed to said Instrument
are such corporate seals; that they were so affixed
by order of the Boards of Directors of the said corporations
and that he signed his name thereto by like order.
George R. Grasser/f/
Notary Public, State of New
York
Qualified in Erie County
My Commission Expires March
30, 1974
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