HomeMy WebLinkAbout2025 construction fund shall not be made payable to any
mortgagee. '
(5) Certificate. Nofiwithstanding fihe provisions
of this instrumenfi, the Insurance T rustee shall not be
required to detexmi.ne whether or not sums paid by the
apartment owners upon assessments shall be deposited
by the Association with the Insurance Trustee, nor
to deteYmine whether the disbursements from the construc-
tion fund are to be upon the order of the Association,
ur upon the approval of an architect or otherwise, nor
whether a disburseme~it is to be made from the cons~ruc-
tion fu:nd nor to determine the payee nor the amount
to be paid. Instead, the Insurance Trustee may rely.upon
a certificate of the Association made by its President
and SeFretary as to any or all of such matters and stat-
ing that the sums to be paid are due and properly pay-
able and stating the name of the payee and the amount
to be paid; provided that when a mortgagee~is required
in this instrument to be named as payee,~the Insurance
T rustee shall also name the mortgagee as a payee of
any distribution of insurance proceeds to a unit owner;
and further, provided, that when the Association, or
a mortgagee that is the beneficiary of an insurance
policy whose proceeds are i.ncluded in the construction
fund, so required, the approval of an architect named~
by the Association shall be first obtairied by the
Association prior to disbursements in payment of costs
of reconsfiruction and repair.
12. Use Restrictions. The use of the Condominium property
shall be in accordance with the following provisions as long as the
Condominium exists and the apartment building in useful condition exists
upon the land. -
'12.1 Apartments. Each of the apartment units shall be
occupied only as a single family private dwelling. Except
as reserved to Developer, no apartment unit may be divided
or subdivided into a small unit. , ,
~ 12.2 Common elements and limited common elements. The
; comnon elements and limited common elements shall be used
only for the purposes for which they are intended in the furn-
~ ishings of services and facilities for the enjoyment of the
; apartments. _
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€ 12.3 Children. No persons who have not yet attained the
~ age of thirteen (13) years shall be permitted to reside in
~ any of the apartments except with the written consent of the
Board of Directors of the Association, or of the Developer,
~ provided, such written cons~nt when once given and relied upon
~ in connection with the purchase and acquisition of a condominium
~ apartment unit may not thereafter be revoked or terminated with-
~ out the consent of the apartment owner, and provided, further,
~ that children under such age may visit and ter~orarily re-
side in an apartment unit provided such temporary residence
shall not exceed thirty (30) days within any consecutive
~ twelve-month period.
, 12.4 Pets. No pets shall be maintained or kept in any of
the apartments other than goldfish, tropical fish and the
' like, and such birds as canaries, parakeets and the like,
except as may be specifically provided for ~d authorized by
the rules and regulations of the Association as they may be
from time to time adopted or amended, or pursuant to the
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