Declaration 04 - Units
(1) Occupation and Use
A. Residential Dwelling Units
The occupation and use of the residential dwelling units shall be in accordance with the following restrictions and stipulations;
a. Each unit shall be occupied and used only as a private single family residence and for no other purpose, provided however, that the foregoing shall not prevent the Declarant from completing the building and all improvements to the property, maintaining units as models for display and sale purposes and otherwise maintaining construction offices, displays and signs until all units have been sold by the Declarant.
b. No unit shall be occupied or used by any one in such a manner as to result in the cancellation, or threat of cancellation, of any policy of insurance referred to in this declaration.
c. The owner of each unit shall comply and shall require all residents and visitors to his unit to comply with the Act, this declaration, and by-laws and the rules and regulations passed pursuant thereto.
d. No owner shall make any structural change or alteration in or to his unit or make any change to an installation upon the common elements, or maintain, decorate, alter or repair any part of the common elements, except for maintenance of those parts of the common elements which he has the duty to maintain, without the consent of the board.
e. Each individual unit owner of a residential unit or the commercial unit shall pay all expenses for hydroelectric power chargeable to the unit which expenses may be metered by an individual meter for each unit on the property.
f. No animal, livestock or fowl, other than a pet shall be kept or allowed in any residential dwelling unit. No pet that is deemed by the board or Manager, in its absolute discretion, to be a nuisance shall be kept by any owner in any residential dwelling unit. Such owner shall, within two (2) weeks of receipt of a written notice from the board or the Manager requesting the removal of such pet, permanently remove such pet from the property. No breeding of pets for sale shall be carried on, in or around any residential dwelling unit. This paragraph shall not and does not apply to the commercial unit.
B. Commercial Unit
The Declarant hereby advises that the unit designated as a commercial unit, being Unit 1, Level 1 shall be occupied and used for commercial purposes, in accordance with municipal requirements governing such commercial uses being carried on in the premises from time to time.
The Declarant and its successors and assigns and any subsequent owner(s) of the said commercial unit, shall be wholly at liberty to make such alterations, additions, or structural changes to the said commercial unit as it may deem advisable, and it may further allow, permit and maintain such displays, signs, advertisements and notices inside or outside the commercial unit as it, in its sole discretion, deems advisable.
The Declarant, its successors and assigns and any subsequent owner(s) of the commercial unit shall be wholly at liberty to lease part or all of the commercial unit without any obligation to account to residential dwelling unit owners or provide residential dwelling unit owners with details or information concerning any leases or tenancies of the said commercial unit.
(2) Requirements for Leasing of Residential Dwelling Units
(a) No owner shall lease his unit unless he causes the tenant to deliver to the Corporation an agreement signed by the tenant, to the following effect:
"I.................... covenant and agree that I, the members of my household and my guests from time to time, will, in using the unit rented by me and the common elements, comply with the Condominium Act, the Declaration and the By-Laws of the Condominium Corporation, during the term of my tenancy."
(b) Where an owner who has leased his unit defaults in his' obligation to contribute to the Corporation towards the common expenses, the Corporation may by written notice to the lessee require the lessee to pay to the Corporation, and upon receipt of such notice the lessee shall pay, out of the rent due under the lease, an amount equal to the default and such payment shall constitute payment toward rent under the lease and the lessee shall not by reason only of such payment to the Corporation be in default of his obligation under the lease.
(c) Any owner leasing his unit shall not be relieved hereby from any of his obligations with respect to the unit which shall be joint and several with his tenant.
(3) Requirements for Leasing of Commercial Unit
The owner of the commercial unit shall not lease same unless he causes the tenant(s) to deliver to the Corporation an agreement signed by the tenant(s) to the following effect:
"I.................... covenant and agree that I, my successors, assigns, customers, invitees, servants, agents and others authorized in my commercial premises from time to time, will in using the unit rented by me and the common elements:
(i) comply with the Condominium Act, the Declaration and By-laws, and all rules and regulations of the Condominium Corporation during the term of my tenancy;
(ii) comply with all municipal and other governmental body rules, regulations and requirements governing the commercial use carried on in the premises from time to time;
(iii) waive, abandon and not exercise any right to the use, occupancy and/or enjoyment of the whole or any part of the common elements, except as required for access to and from the commercial use units."