KWF Declaration

7/29/2019 KWF Declaration

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IMPORTANT NOTICEThis file was created using optical character recognition softwareand a file of the Kingswood Forest Condominium Declaration (theDeclaration.) This version of the Declaration was converted toserve as a tool to make researching the Declaration easier, andthe author attempted to make the conversion as complete andaccurate as possible. Nevertheless, it is a long document, soevery inaccurate conversion may not have been caught.Therefore, it is strongly recommended the user use this file as aresearch tool and then check it against the official version of theDeclaration filed with the Greene County Recorder.

The original Declaration was filed in 1990, and there were anumber of amendments filed in the various expansions of thedevelopment. Those amendments are not included in this file,

but the 2011 amendments that added significant restrictions tothe Kingswood Forest Condominium Declaration are includedherein.

To use this file, download it and then click on one of thecolored Article Title hyperlinks and it will take you to thatsection. Following each section is a Return to index linkthat will return you here.

DECLARATION INDEX

ITEM

RECITALS

ARTICLE I - NAME

ARTICLE II - DEFINITIONS

ARTICLE III - PURPOSES

ARTICLE IV - THE LAND

ARTICLE V - BUILDING DESCRIPTIONS

ARTICLE VI - UNITS AND UNIT OWNERS' ASSOCIATION

A. CompositionB. Unit DesignationC. Unit Uses and Specific Restrictions

1. Unit Uses

2. Rental

3. Conveyance

4. Additional Restrictions

D. Maintenance and Repairs


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1. Individual Responsibility

2. Neglect

E. Unit Owners' Association

1. Establishment of Association2. Membership3. Voting Rights4. Board of Trustees5. Authority6. Delegation of Authority; Professional Management

7.By-Laws

ARTICLE VII - COMMON AND LIMITED COMMON AREAS

A. Description

1. Common Areas2. Limited Common Areas

B. OwnershipC. Use

1. Common Areas and Facilities2. Limited Common Areas

D. Maintenance and Repair

1. Association Responsibility

2. Neglect

ARTICLE VIII - GENERAL RESTRICTIONS

A. AnimalsB. Architectural Control

C. Building on EasementsD. Commercial Activity

E. Discrimination

F. Nuisance

G. Replacements

H. Signs

I. Structural Integrity

J. Vehicles

K. Visible Areas

L. Waste

M. Disputes and Remedy

ARTICLES IX - GRANTS AND RESERVATIONS OF RIGHTSAND EASEMENTS

A. Easement of Access and Enjoyment

B. Right of Entry for Repair

C. Easement for Encroachments


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D. Easement for Support

E. Easement for Utilities

F. Easement for Public Services

G. Easement Reserved to Declarant

H. Power of Attorney

ARTICLE X - ASSESSMENTS AND ASSESSMENT LIENS

A. Purpose and Obligation

1.Operating Assessments

2.Special Assessments for Capital Improvements

3.Special Individual Unit Assessments

B. Effective Date

C. Remedies of Association for Non-Payment

1.Late Charge

2.Option to Accelerate

3.Lien

4.Actions

D. Disputes

E. Effect of Conveyance

1.Voluntary Conveyance

2. Involuntary Conveyance

ARTICLE XI - UTILITY SERVICES

ARTICLE XII INSURANCE

A. Acquisition

1. Fire and Extended Coverage

2. Liability Insurance

3. Association Act for Unit owner

B. Sufficiency

1. Sufficient Insurance


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2. Insufficient Insurance

ARTICLE XIII - DAMAGE AND RECONSTRUCTION:REHABILITATION AND RENEWAL

A. Damage and Reconstruction

B. Rehabilitation and Renewal

ARTICLE XIV - CONDEMNATION

ARTICLE XV - REMOVAL FROM CONDOMINIUM OWNERSHIP

ARTICLE XVI - RIGHTS OF MORTGAGEES

ARTICLE XVII - EXPANSIONS

A. Reservation of Option; Limitations

B. Legal DescriptionC. Maximum Number of UnitsD. Types of UnitsE. Non-Residential UsesF. Compatibility of StructuresG. Limited Common AreasH. Improvements Other than StructuresI. Reservation of EasementJ. Time for ExpansionK. ProcedureL. Effects of ExpansionM. Consent of Expansion

ARTICLE XVIII - GENERAL PROVISIONS

A. Covenants Running with the LandB. EnforcementC. SeverabilityD. Liability of DeclarantE. Notice of MortgagesF. CaptionsG. InterpretationH. Condominium Instruments

1. Deposits2. Association Control

3. Limited Warrantya. Unitsb. Common Areas and Facilitiesc. Appliances, etcd. Extended Warrantiese. Limitationsf. Other Rights

4. Declarant's ObligationsI. Gender and Grammar

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ARTICLE XIX - AMENDMENTS TO DECLARATION

2011 AMENDMENTS TO THE DECLARATION OF CONDOMINIUMOWNERSHIP

DECLARATION OF CONDOMINIUM OWNERSHIP

FOR

KINGSWOOD FOREST CONDOMINIUM

This is the Declaration of Kingswood Forest Condominiummade on or as of the_____ of_______________, 1990, pursuanttothe provisions of Chapter 5311 of the Revised Code of Ohio.

Recitals

A. Kingswood Forest Associates, an Ohio General Partnership,consisting of Kingswood Forest, Inc., an Ohio corporation andKingswood Forest Limited Partnership, an Ohio LimitedPartnership, the sole general partner of which is KingswoodForest Development corporation, an Ohio corporation, hereinafterreferred to as "Declarant", is the owner in fee simple of all ofthe realproperty hereinafter describedas being presentlysubmitted for condominium ownership and as described in Exhibit"A" attached hereto and the improvements thereon and

appurtenances thereto.B. Declarant desires to create of this property a site of

individually owned units, and commonly owned areas andfacilities, and to these ends to submit this property toCondominium Ownership under the provisions of the CondominiumAct.

C. Declarant desires and intends that all future owners, mortgageesor Occupants of the condominium property, or any part thereof,shall hold and enjoy their interests therein subject to theeasements, privileges, rights, restrictions and obligationshereinafter set forth in this Declaration and in the By-Laws ofthe Condominium Owners"' Association which are an Exhibit hereto

and a part hereof.

D. Declarant, as the owner in fee simple of the real propertydescribed herein as being presently submitted to condominiumownership, hereby makes the following declaration as to thedivision, covenants, restrictions, limitations, conditions anduses to which the condominium property may be put, herebyspecifying that such declaration shall constitute covenants torun with the land and which shall be binding on Declarant, itssuccessors and assigns, and all subsequent owners of all or anypart of the Condominium Property, together with their respective


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grantees, heirs, executors, administrators, devisees, successorsor assigns.

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ARTICLE I - NAME

The name by which the Condominium shall be known is "Kingswood ForestCondominium."

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ARTICLE II - DEFINITIONS

The terms used in this document shall have the following meanings,unless the context requires otherwise:

A. "Articles" and "Articles of Incorporation" mean the Articles,filed with the Secretary of State of Ohio, incorporatingKingswood Forest Owners Association as a corporationnot-for-profit under the provisions of Chapter 1702 of theRevised Code of Ohio, as the same may be lawfully amendedfrom time to time. (The State of Ohio's non-profitcorporation statutory act.)

B."Association" shall mean and refer to the organization of allof the Unit Owners in this condominiumdevelopment and shallbe deemed to be an Ohio corporation not-for-profit known asKingswood Forest Owners Association and its successors andassigns. Such Association is to be created pursuant to theCondominium Act with such powers and responsibilities as arecontained in the Condominium Instruments.

C."Board" and "Board of Trustees" mean those persons, who,as a group, serve as the Board of Trustees of theAssociation and are also one and the same as the Boardof Managers of the Condominium established for the

Condominium pursuant to the provisions of the CondominiumAct.

D. "By-Laws" mean the By-Laws of the Association, as thesame may be lawfully amended from time to time, createdunder and pursuant to the provisions of the CondominiumLaw for the Condominium, and which also serve as theCode of Regulations of the Association under andpursuant to the provisions of Chapter 1702. A true copyof the By-Laws is attached hereto and made a part hereof.


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E."Common Areas and facilities" shall mean all theCondominium Property referred to and included in ExhibitNATM, and improvements thereon, as reflected on the platplan attached hereto as Exhibit "B", except that whichis specifically defined, delineated and described as a

unit.

F."Condominium" and "Kingswood Forest Condominium" mean thecondominium regime for the Condominium Property created underand pursuant to the provisions of the Condominium Act.

G. "Condominium Act" means the statutory law of the State of Ohioregulating the creation and operations of the Condominium andis presently Chapter 5311 of the Revised Code of Ohio.

H. "Condominium Instruments" means this Declaration, the By-Laws, the Drawings, and, as provided by the Condominium Act,"all other documents, contracts or instrumentsestablishing ownershipof or exerting control over theCondominium Property or Unit." Individual contracts for thesaleof Units, and attachments thereto, are CondominiumInstruments.

I. "Condominium Property" means the tract of land hereinafterdescribedas beingsubmitted to the Condominium Act, allbuildings, structures and improvements situated thereon, andalleasements, rights and appurtenances belonging thereto,and all articles of personal property thereon for the commonuse of the Unit Owners.

J. "Declarant" means Kingswood Forest Associates and its successorsand assigns, provided the rights specifically reserved toDeclarant under the Condominium Document and the Articlesshall accrue only to such successors and assigns asare designated in writing by Declarant as successors andassigns of such rights.

K. "Declaration" means this instrument by which the CondominiumProperty is submitted to the CondominiumAct, as thisinstrument may be lawfully amended from time to time.

L."Developer" means Kingswood Forest Associates and itssuccessors and assigns, provided the rights specificallyreserved to Developer under the Condominium Document andtheArticles shall accrue onlyto such successors and assignsas are designated in writing by Developer as successors andAssigns of such rights.

M. "Drawings" means the drawings depicting land, buildingsand improvements, prepared and filed pursuant to the


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provisions of the Condominium Act, and as may belawfully amended from time to time.

N. "Limited Common Areas" means those Common Areas servingexclusively one Unit or more than one but less than all Units,the enjoyment, benefit or use of which are reserved by this

Declaration to the lawful Occupants of the Unit or Unitsserved.

O. "Occupant" means a person lawfully residing in a Unitregardless of whether that person is a Unit Owner.

P."Person" means a natural individual, corporation, partnership,trustee or other legal entity capable of holding title toreal property.

Q. "Trustee" and "Trustees" mean that person or those personsserving, at the time pertinent, as a Trustee or Trustees ofthe Association, and mean that same person or those personsserving in the capacity of a member of the Board of Managersof the Association, as defined in the Condominium Act.

R."Unit" shall mean a part of the Condominium Property consistingof a portion of the interior of a building as more fullydescribed in Article VII, or amendment thereto, and as aredelineated by drawings in Exhibit "Cm, as attached hereto, andsuch as may be attached to Amendments of this Declaration.

S."Unit Owner" shall mean the person or persons owning the feesimple estate in a Unit together with an undivided interestin the Common Areas and Facilities.

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ARTICLE III PURPOSES

This Declaration is being made to establish separate individualparcels from the Condominium Property, to which feesimple

interests may be conveyed, for use for single family residentialliving; to establish a Unit Owners' Association to administer theCondominium; to provide for the preservation of the values of Unitsand the Common Areas; to provide for and promote the benefit,enjoyment and well being of Unit Owners and Occupants; to administerand enforce the covenants, easements, charges and restrictionshereinafter set forth; and to raise funds through assessments toaccomplish these purposes.

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ARTICLE IV - THE LAND

A legal description of the land constituting Section 2 of theCondominium Property, located in the City of Beavercreek, GreeneCounty, Ohio, is attached hereto, labeled Exhibit "A" and made apart hereof by reference.

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ARTICLE V - BUILDING DESCRIPTIONS

A description of the buildings constructed, or to be constructed, onthe property, stating the number of stories and number of Units andthe principal materials of which they have been or are to beconstructed, is as follows:

There are three (3) multi-unit buildings under constructioncontaining in all eight (s) residential units and garages.Such buildings are townhouse style. Each unit has its own

garage whichis

an integral part of the respective buildingand the unit it benefits.

The principal materials of which the units and the building areconstructed are concrete block, wood, wood trusses, drywall, andasphalt shingles. Each unit has either brick veneer trim, wood,stacatto board siding or stone trim on its exposed exteriors andeither masonry walls or double studded insulated drywall separatingthe residential living areas of the units from the residentialliving areas of the adjacent units.

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ARTICLE VI - UNITS AND UNIT OWNERS ASSOCIATION

A. Composition. Each of the Units within this Declaration, or anyadditional Units brought within the provisions of the Declarationby amendment hereto, shall consist of all the space bounded bythe undecorated surfaces of the perimeter walls, floors andceilings of each such Unit, to constitute a complete enclosure ofspace. The dimensions, layouts and descriptions of each suchUnit being shown on the drawings attached hereto as Exhibit "C"and in the drawings attached to any amendments hereto and

including without limitations:

1.The decorated surfaces, including paint, lacquer, varnish,

wallpaper, tile and any other finishingmaterialsapplied tothe interior surface of such perimeter walls, floors andceilings;

2.All windows, screens and doors, including the frames, sashes andjams and the space occupied thereby;


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3.All fixtures located within the bounds of a Unit, installed inand for the exclusive use of said Unit, commencing at thepoint of disconnection from the structural body of thebuilding or from the point of disconnection of utility pipes,lines or systems serving the entire building, or more thanone (1) unit thereof, whichever may be applicable;

4.All grills, dustcovers, control knobs, switches, thermostats,base plugs, floor plugs and connections affixed to orprojecting from the walls, floors and ceilings which serviceeither the Unit or the fixtures therein;

5.All interior walls, floors and ceilings;

6.All plumbing, electrical, heating, cooking and other utilityservice lines, pipes, wires, ducts or conduits, whichexclusively service either the Unit or the fixtures locatedtherein, and which are located within the bounds of theUnit; but excepting therefrom all of the following itemslocated within the bounds of the unit as defined above:

a. Structural and component parts of all interior walls,floors and ceilings which support the building;

b. All plumbing, electrical, heating, cooling and otherutility or service fixtures, pipes, lines, wires, ducts,vents, chimneys or conduits which are located within thebounds of the Unit but which do not exclusively servicesuch Unit.

The table included in Exhibit "D" sets forth for each Unit itsdesignation, the percentage of interest in the Common Areas andFacilities (which percentage shall be changed if Units are added toCondominium Property as permitted herein), total number of rooms,and the approximate square footage contained in each Unit.

B. Unit Designation. Each of the Kingswood Forest Condominium Unitsis designated by numbers on the drawings where that Unit is located.

Information concerning the Units, with a listing of proper Unitdesignation, is shown on the attached Exhibit "D". The location anddesignation of each Unit in Section 1 is also shown on the plot planattached hereto as Exhibit B.

C. Unit Uses and Specific Restrictions.

1. Unit Uses. Except as otherwise specifically provide in thisDeclaration, no Unit shall be used for any purpose other thanthat of a residence and purposes customarily incidentalthereto. Notwithstanding the foregoing:

a. An occupant maintaining a personal or professionallibrary, keeping personal business or professionalrecords or accounts or making personal business orprofessional telephone calls or correspondence, in orfrom a Unit, is engaging in a use expressly declaredcustomarily incidental to principal residential use and


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is not in violation of these restrictions; and such useshall not constitute a commercial use hereunder;

b. It shall be permissible for the Declarant to maintain,during the period of its sale of Units, one or more Unitsas sale models and offices; and

c. One or more Units may be maintained for the use of theAssociation in fulfilling its responsibilities.

2. Rental. Note: See 2011 Amendments Unit Owners shall havethe right to lease their respective Units, provided suchlease arrangements are made for a term of no less than six(6)months and made subject to the covenants andrestrictions in this Declaration, the By-Laws and rules ofthe Condominium Association. All such lease agreements mustbe submitted to the condominium Association. Any and allOccupants of such units under such lease arrangements shallbe subject to all regulations and rules as though the

occupant were the Unit Owner. It is the obligation of theUnit Owner to inform the lessee of said Unit as to therestrictions on use set forth in this Declaration, the By-Laws, and rules and regulations of the Association. No termsor conditions contained herein shall release or relieve theUnit Owner from any duties, responsibilities or obligationsof such Unit Owner because of the occupancy of his Unitby a third party.

3. Conveyance. The right of a Unit Owner to sell,transfer or otherwise convey that owner's Unit is notsubject to any right of first refusal or similarrestriction, and any Unit Owner may transfer that owner's

Unit free of any such limitation. To enable the Associationto maintain accurate records of the names and addresses ofUnit Owners, each Unit Owner other than Declarant, whowishes to sell his Unit ownership, agrees to give theAssociation not less than thirty (30) days prior writtennotice of the terms of a contemplated sale, together withthe name and address of the proposed purchaser.

4. Additional Restrictions. The enumeration of therestrictions above is not intended to limit theapplicability of any other restriction which may pertain to aUnit and which is contained within these Declarations, orBy-Laws insofar as such may pertain to any particular Unit.

D. Maintenance and Repairs.1. Individual Responsibility. The responsibility of each

Unit Owner shall be as follows:

a. To maintain, repair and replace at his expense allportions of his Unit, and all internal installations ofsuch Unit such as appliances, heating, plumbing,electrical and air conditioning fixtures orinstallations, and any portion of any other utilityservice facilities located within the Unit boundaries,


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and which exclusively serve such Unit.

b. To maintain, repair and replace the air conditioning pad,compressor and lines, conduit and accessories to said airconditioner which are designated as Limited Common Areasand Facilities for the exclusive use of such Unit

Owner.

c. To maintain, repair and replace the stoops, patiosand balconies for the express use of Units which aredesignated as Limited Common Areas and Facilities forthe exclusive use of such Unit.

d. To maintain and repair all windows and doors of hisUnit and of all associated structures and fixturestherein, which are appurtenances to his Unit, exceptinghowever, those Limited Common Areas and Facilitieswhich may be considered appurtenant to a Unit and as towhich the Association has the responsibility for

maintenance, repair and replacement. The foregoingindividual responsibility includes without limitation,responsibility for all breakage, damage, malfunctions,and ordinary wear and tear of such appurtenances.

e. To perform his responsibilities in such a manner so asnot unreasonably to disturb other persons residingwithin the building.

f. To promptly report to the Association or its agent anydefect or need for repairs the responsibility of whichis with the Association.

g. Not to make any alterations in the portions of the Unitor the building which are to be maintained by theAssociation or remove any portion thereof or make anyaddition thereto or do anything which would or mightjeopardize or impair the safety or soundness of thebuilding, nor shall any Unit Owner impair any easementwithout first obtaining the written consent of theBoard of managers of the Association and of the owneror owners for whose benefit such easement exists.

h. To use all Common Areas and Facilities in a manner aswill not restrict, interfere or impede the use thereof bythe other Unit Owners, and to operate in amanner

consistent with the rules and regulations fromtimeto time promulgated by the Association.

i. To contribute to the reasonable expense of theAssociation in meeting the requirement for themaintenance of a detention/retention basin forming apart of Kingswood Forest condominium.

2. Neglect. In the event aUnit Owner shall fail to make anysuch repair or perform such maintenance as is requiredherein, or in the event the need for maintenance or


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repair of any part of the Common Areas or limited commonAreas is caused by the negligence or intentional act ofany Unit Owner or occupant, and the cost of repair is notcovered by insurance, the cost of such maintenance and repairshall constitute, a special individual unit assessment, ashereinafter defined, on the Unit owned by such Unit Owner.

Determination that such maintenance or repair is necessary,or has been so caused, shall be made by the Board.

E. Unit owners' Association.

1. Establishment of Association. The Association has been formedto be and to serve as the Unit Owners' Association of theCondominium. The Declarant is presently the sole member ofthe Association.

2. Membership. Membership in the Unit Owners' Association shallbe limited to the Unit Owners, and every person or entitywho is or becomes a record owner of a fee or

undivided fee simple interest in a Unit is a Unit Owner andshall be a member of the Association. The foregoing is notintended to include persons or entities who hold an interestmerely as security for the performance of an obligation.

Membership shall be appurtenant to and may not beseparated from ownership of any Unit, and transfer of a Unitshall automatically transfer membership to thetransferee.

3. Voting Rights. Each Unit Owner shall be entitled to one votefor each Unit owned in fee simple, and a proportionate partof a vote for ownership of an undivided fee simple interest

in a Unit.

4. Board of Trustees. The Board initially shall be those threepersons named as the initial Trustees pursuant to theprovisions qf the Articles, or such other person or personsas may from. time to time be substituted by Declarant. Nolater than the time that units to which 25% of the undividedinterests in the Common Areas appertain have been sold andconveyed by the Declarant, the Unit Owners shall meet, andfrom and after that date there shall be five Trustees. AllTrustees elected by the Unit Owners as hereinafter providedshall be among the Unit Owners. The Unit Owners other thanthe Declarant shall elect forty percent (two) of the

Trustees at such meeting and the Declarant shall designatethe other sixty percent (three) of the Trustees, which fiveTrustees shall serve until the meeting described in the nextparagraph. For purposes of computing the undividedinterests referred to in this paragraph, those interestsshall be computed by comparing the number of Units sold andconveyed to the maximum number of Units that may be created.

Within thirty (30) days after the earlier of (a.) five (5)years from the date of the establishment of the Association,and (b) the sale and conveyance, to purchasers in good faithand for value, of Units to which 75% of the undivided


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interests in the Common Areas appertain, or upon the waiverby Declarant of its right to select one or more Trustees orto vote in an election of Trustees, the Association shallmeet and all Unit Owners, includingthe Declarant, shallelect seven (7) Trustees to replace the prior Board. TheBoard shall thereafter consist of seven (7) Trustees.

At such meeting, the term of office of three (3) Trusteesshall be fixed so that such term will expire one (1) yearfrom and after the date of the next following annual meetingof the members of the Association. The term of office of theremaining four (4) Trustees shall be fixed so that suchterm will expire at the data of the next following annualmeeting of members of the Association. At the expiration ofsuch initial term of office of each respective Trustee, hissuccessor shall be elected to serve of two years.

5.Authority. The Board shall have all authority to manage,

maintain, repair, replace, alter and improve the CommonAreas and assess and collect funds for the payment thereof,and do all things, and exercise all rights provided by theCondominium Instruments, or the Condominium Act, that are notspecifically reserved to Unit Owners.

6.Delegation of Authority; Professional Management. The Boardmay delegate all or any portion of its authority todischarge its responsibilities to a managing agent. Thisdelegation of authority and responsibility to a managingagent may be evidenced by one or more management contractswhich may provide for the payment of reasonable compensationto such managing agent as a common expense, provided,

however, that any agreement for professional managementshall not exceed one year unless renewed by agreement of theparties for successive one-year periods; shall be terminableby either party, without penalty, on ninety (90) days'written notice; and shall be bona fide and commerciallyreasonable at the time entered into under the circumstancesthen prevailing. Subject to the foregoing, nothing containedherein shall preclude Declarant, or any other entitydesignated by Declarant, from being employed as managingagent. The managing agent, or the Board, if there is nomanaging agent, shall have the authority to enter intocontracts with Declarant or one or more other firms orcorporations affiliated with Declarant for the providing ofmanagement, maintenance and repair services; provided thesame are bona fide and commercially reasonable to the UnitOwners at the time entered into under the circumstances thenprevailing.

7. By-Laws. In addition to the provisions set out in thisDeclaration the administration of the Condominium Propertyshall be in accordance with the By-Laws of the Associationwhich are attached hereto as Exhibit E".

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ARTICLE VII - COMMON AND LIMITED COMMON AREAS

A. Description.1. Common Areas. The entire balance of the land andimprovements thereon, including, but not limited to allbuildings, including building entrances, hallways andstairs,basements, foundations, roofs, main and supportingwalls, decks and pumps, detention pond, trees, lawns,gardens, shrubbery, pavement, fences, walks, walk lights,driveways, parking areas, wires, conduits, utility lines andducts now or hereinafter situated on the CondominiumProperty, and in general, all parts of the CondominiumProperty situated outside the boundary and hereinbeforedefined areas of the individual units are hereby declared tobe established as the Common Areas and Facilities.

2. Limited Common Areas. The following included within theCommon Areas and Facilities and appurtenant to a unit, aredeemed Limited Common Areas and Facilities designated asreserved for the exclusive use of the appurtenant unit orunits:

a. Areas marked as patio areas on the drawings attachedhereto as Exhibit "C" are designated as Limited CommonAreas and Facilities for the Unit adjoining such patioarea.

b. The entrance ways and stoops are designated as LimitedCommon Areas and facilities for the Unit adjoining andserved by such entrance way and stoop.

c. The air conditioning pad, compressor, duct and conduitsthereto are designated as Limited Common Areas and Facilitiesfor the Unit being serviced by such air conditioningequipment.

d. Driveways and parking areas for the use of Unit Ownerswithin a building.

B. Ownership. The undivided interest in the Common Areas ofeach unit is shown on the attached Exhibit "D" and in eachcase is based on the proportion that the square footage ofthe Unit bears to the aggregate square footage of all Unitson the date the Declaration is filed for record.

The Common Areas shall be owned by the Unit Ownersas tenants in common, and ownership thereof shall remainundivided. No Unit Owner may waive or release anyrights in the Common Areas. Further, the undividedinterest in the Common Areas of a Unit shall not beseparated from the Unit to which it appertains.

If at a later time the Condominium is expanded,


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as hereinafter provided, the undivided interests of Unitsin the Common Areas shall be uniformly reallocated sothat the undivided interest of a Unit of one type to oneof another type is in the same ration as those interestsare with respect to the Units initially a part of theCondominium.

C. Use.

1. Common Areas and Facilities. Each owner of aUnit shall own an undivided interest in the CommonAreas and Facilities as a tenant in common with allother owners, and except as otherwise limited inthis Declaration and in the By-Laws attached heretoas Exhibit "E", shall have the right to use theCommon Areas and Facilities for all purposesincident to the use and occupancy of his Unit as aplace of residence', and such other incidences aspermitted by this Declaration and the By-Laws,including the non-exclusive easement together withthe other Unit Owners to the use and enjoyment ofthe Common Areas and Facilities and for the ingressand egress to and from the respective units, which

rights shall be appurtenant to and shall run withhis Unit. The extent of such ownership in theCommon Areas and Facilities is hereby deemed andexpressed by the percentage amount which shallremain constant and shall not be changed except byan amendment to this Declaration pursuant to theprovisions of Article XVIII.

2. Limited Common Areas. Subject to the restrictions setforth in Article VII of this Declaration, each unit Owner mayuse that Limited Common Area adjacent to such unit which isso designed to serve for their use, and that of theiroccupants, guests or invitees as a recreation, entertainment,outdoor cooking or eating area and for those purposespermitted herein. No person shall use the Common Areas andFacilities or any part thereof in any manner contrary to or

not in accordance with such rules and regulations pertainingto accordance with such rules and regulations pertaining tosuch as from time to time may be adopted by the Board ofManagers of the Association. The Board of Managers shall havethe right, but not the obligation, to promulgate rules andregulations limiting the use of Common Areas and Facilitiesby the members of the Association and the respectivefamilies, guests, invitees and servants for any purposeconsistent with the health, safety, welfare, convenience,recreation and enjoyment of the Owners and Occupants of theUnits and their guests.

D. Maintenance and Repair.

1. Association Responsibility. The Association shallmaintain and repair the Common Areas, and those LimitedCommon Areas known as driveways and parking areas and otherthan as set out in Article VI, Para. D, Section 1(b) and (c),if any, the Association's responsibility including but notlimited to utility facilities serving more than one Unit,utility lines in the Common Areas, lawns, shrubs, trees,walkways and all buildings which are a part of the CommonAreas.

2. Neglect. In the event that the need for maintenance of anypart of the common Areas or Limited Common Areas is caused bythe negligent or intentional act of any Unit Owner or


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Occupant, their guests or invitees, and the cost of repair isnot covered by insurance, the cost of such maintenance andrepair shall constitute a special individual assessment, ashereinafter defined, on the unit owned by such Unit Owner.The determination that such maintenance has been so caused,shall be made by the Board.

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ARTICLE VIII - GENERAL RESTRICTIONS

Note: See 2011 Amendments

A. Animals. No animals, reptiles, livestock, fowl or poultry of anykind shall be raised, bred or kept in any Unit or in the CommonAreas and Facilities, except household pets such as dogs and

cats, and a Unit Owner or Occupant may keep one dog or one cat orone other household pet in a Unit, not to exceed such pounds inweight as shall be set out in Rules and Regulations adopted bythe Board of Managers of the Association, provided that they arenot kept, bred, or maintained for any commercial purposes;provided that any household pet on the Condominium Propertyoutside a Unit shall be restrained by the Owner by the use of aleash, a cage or other device for such purpose; provided,further, that no pet shall be chained, tethered, staked orotherwise restrained in the area around the buildings whichconstitutes other than Limited Common Area; provided, further,that each Unit Owner harboring a pet is to be responsible formaintaining the area last described free from waste of suchowner's pet; and provided further that any such pet causing orcreating a nuisance or unreasonable disturbance shall bepermanently removed from the property subject to theserestrictions upon three (3) days' written notice from the Boardof Managers of the Association.

B. Architectural Control. No building, fence, wall, sign or otherstructure shall be commenced, erected or maintained upon theCondominium Property, or any part thereof, not shall any exterioraddition to or change or alteration therein be made.

C. Building on Easements. Within the easements for the installationand maintenance of utilities and drainage facilities nostructure, planting or other material (except such as exist atthe time of this Declaration) shall be placed or permitted toremain which may damage or interfere with the installation andmaintenance of utility lines or which may change the direction ofthe flow of drainage channels in the easements or which mayobstruct or retard the flow of water through drainage channels inthe easement areas. The utility facilities within the easementareas shall be subject to the right of the Association tomaintain the same, and its right to delegate that right to apublic authority or utility.

D. Commercial Activity. No commercial activity other than thatcarried on by the Declarant in the buying, selling, or leasing


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of units and operating, maintaining and repairing and replacingthe Common Areas and Facilities shall be conducted in or uponany part of the Condominium Property. There shall be nocommodities or services sold or dispensed upon an individualUnit or from the Common Areas and Facilities. Nomechanical or electrical equipment is to be used except assuch permissible for and customarily found in a purely domestic

residence for the family residing therein.

E. Discrimination. No action shall at any time be taken by theAssociation or its Board which in any manner would unreasonablydiscriminate against any Unit Owner in favor of another.

F. Nuisance. No noxious or offensive activity shall be carried onin any Unit, or upon the Common Areas, nor shall either beused in any way or for any purpose which may endanger the healthof or unreasonably disturb anyoccupant.

G. Replacements. Any building erected to replace an existingbuilding containing Units shall be of new construction, be ofcomparable size, design and construction to that replaced,and shall contain alike number of Units of comparable size tothe Units in the building replaced.

H. Signs. No sign of any kind shall be displayed to the public viewon any part of the condominium Property or through the window ofa Condominium Unit except street name signs, directional signs,and signs regulating the use of Common Areas and Facilities.Specifically prohibited are signs advertising condominium unitsfor sale, rent or lease, provided, however, that Declarant orits selling agents shall be entitled to display such signs.

I. Structural Integrity. Nothing shall be done in any Unit, or in,

on or to the Common Areas, which may impair the structuralintegrity of any improvements.

J. Vehicles. The Board may promulgate regulations restricting theparking of automobiles, inoperable vehicles, trucks, boats andrecreational vehicles on the Common Areas, and may enforce suchregulations or restrictions by levying fines, having suchvehicles towed away, or taking such other actions as it, in itssole discretion, deems appropriate. There shall be noobstructions of the Common Areas and Facilities nor storage ofany boats, canoes, campers or other recreational vehicles,trucks, trailers, pickup trucks, or inoperable vehicles of anykind, on the Common Areas.

K. Visible Areas. Nothing shall be caused or permitted to be hungor displayed on the outside or inside of windows or placed on theoutside walls of a building or otherwise outside of a Unit, orany part thereof, and no sign, awning, canopy, shutter, ortelevision or citizens' band or other radio antenna or transmitter,lighting, or any other device or ornament, shall be affixed t orplaced upon the exterior walls or roof or any part thereof, unlessauthorized by the Board, and subject to such rules andregulations as the Board may adopt from time to time. Further, thereshall be no obstruction of the Common areas by bicycles, wagons,toys, baby carriages, playpens, benches, chairs, clothes, tents,laundry, clotheslines, awnings, antenna or any unsightly articlesexcept as may be provided by rules and regulations adopted by the


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Board.

L. Waste. Trash, garbage or other waste shall not be dumped,deposited or permitted to remain or the Common Areas andFacilities except in covered sanitary containers placed in theappropriate place for pickup next to the driveway on the

particular days set aside for refuse collection by refusehaulers. No open fire shall be permitted in the Common Areas andFacilities excepting in cooking grills.

M. Disputes and Remedy. In the event of any dispute between UnitOwners as to the application of these restrictions or any rule orregulation to any particular circumstance, the party aggrievedshall submit a complaint in writing to the Board specifying thedispute. The Board shall set a time, date and place for a hearingthereon within sixty (60) days thereafter, and give writtennotice to each party thereof no less than three (3) days inadvance. The Board shall thereupon hear such evidence on thedispute as the Board deems proper and render a written decision onthe matter to each party within thirty (30) days thereafter. Noaction at law may be instituted by either party to such a disputeunless arbitration pursuant hereto has first been had. Any UnitOwner disputing the Board's application of these restrictions orany rule or regulation shall have the right to initiate an actionat law only after attempting to resolve the matter throughmeetings with the Board or through special meetings of the UnitOwners as provided in the By-Laws to the Declaration of KingswoodForest Condominium.

N. (Return to index)

ARTICLE IX - GRANTS AND RESERVATIONS OF RIGHTS AND

EASEMENTS

The following easements and grants herein are to beeasements appurtenant, running with the land, perpetually infull force and effect, and at all times shall insure to the benefitof and be binding on the Declarant, its successors and assigns, anyowner, purchaser, mortgagee and other person having an interest insaid land, unit or any part or portion thereof. Failure to referspecifically to any or all of the easements or rights described inthis Declaration in any deed or conveyance or in a mortgage or otherevidence of ownership or obligation, shall not defeat or fail toreserve said right of easement but shall be deemed conveyed orencumbered along with the Unit. Provided, however, that theeasements and grants provided herein shall in no way affect anyother recorded grant or easement.

A. Easement of Access and Enjoyment. Every Unit Owner shall havea right and easement of enjoyment in, over and upon the Common Areasand a right of access to and from his, her or its Unit, which

rights and easements shall be appurtenant to and shall pass withthe title to a Unit, subject to the right of the Board to makereasonable rules and regulations concerning the use and managementof the Common Areas, provided that no such rule or regulation shalllimit or prohibit the right of ingress or egress to a Unit, or anypart thereof, or the parking facilities. Any Unit Owner maydelegate that Unit Owner's right of enjoyment to the Common Areasand to ingress and egress to the members of that Unit Owner'sfamily and to occupants, guests and invitees. Any roadway orprivate street shown on the drawings recorded with thisDeclaration shall be for the general public that has a need to usethe roadway or private street as a means of access to his propertyand a valid easement shall exist for the benefit of those havinga need for such access, government agencies and authorities toprovide police and fire protection and other services to the


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Condominium Property. Any public agency exercising a rightas last set out shall have the duty to restore the areas andfacilities used to a condition as good or better as existing priorto the use of said easement.

B. Right of Entry for Repair. The Association shall have the right

of entry and access to, over, upon and through all of theCondominium Property, including each Unit, to enable the Associationto perform its obligations, rights and duties pursuant hereto withregard to maintenance, repair, restoration and/or servicing of anyitems, things or areas of or in the Condominium Property. Any damageresulting to a particular Unit as a result of the Association'smaintenance or operation shall be repaired by the Association, thecost of which shall be a common expense to all of the Unit Owners.

C. Easement for Encroachments. Each Unit and the Common Areasshall be subject to easements for encroachments on any other Unitand upon the Common Areas created or arising by reason of overhangs;or by reason of deviations in construction, reconstruction orrepair; or by reason of shifting, settlement or movement of thestructures; or by reason of errors in the Drawings. Valid easementsfor these encroachments and for the maintenance of same, so long as

the encroaching structures remain, shall and do exist. Provided,however, that no valid easement for any encroachment shall becreated in favor of the owner of any Unit or in favor of the CommonAreas and Facilities if such encroachment is caused by the willfulconduct of said Owner.

D. Easement for Support. Every portion of a building or utilityline or any improvement on any portion of the Condominium P:opertycontributing to the support of another building, utility line orimprovement on another portion of the Condominium Property shall beburdened with an easement of support for the benefits of all othersuch buildings, utility lines, improvements and other portions ofthe Condominium Property.

E. Easement for utilities. The Association may hereafter grant

easements on behalf of the Unit Owners to entities for utilitypurposes for the benefit of the Condominium Property. Each UnitOwner hereby grants the Association an irrevocable power of attorneyto execute, acknowledge and record for, and in the name of, suchUnit Owner, such instruments as may be necessary to effectuate theforegoing, including, but not limited to, water, sewer, gas,telephone, electrical, master television and cable television.Companies providing utilities shall be permitted to construct andmaintain necessary related equipment so long as it does notunreasonably interfere with use and enjoyment of the CondominiumProperty.

F. Easement for Public Services. A non-exclusive easement ishereby granted to all police, firemen, ambulance operators, mailmen,deliverymen, garbage and trash removal personnel, and all similarpersons, and to the local -governmental authorities and the

Association, but not to the public in general, to enter upon thecommon Areas in the performance of their duties.

G. Easement Reserved to Declarant. A non-exclusive perpetualeasement is hereby reserved to Declarant, its successors andassigns, for their benefit and the benefit of future Owners andOccupants of the area into which the Condominium may be expanded("the additional property"), hereinafter described, for pedestrianand vehicular access over the Condominium Property described inExhibit "A", for ingress and egress to and from the additionalproperty, and each part thereof, and to a public street.Additionally, Declarant, for itself and its successors and assigns,reserves the right to extend and tie into main-line utility lines in


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the Common Areas, as permitted by public authority and the utilitycompany involved, to extend such lines into the additional propertyto service the same, until such time as control of the CondominiumProperty is assumed by the Association or the expiration ofDeclarant's right to expand the Condominium, whichever is the lastto occur.

H. Power of Attorney. Each Unit Owner, by acceptance of a deed toa Unit, hereby irrevocably appoints Declarant, its successors orassigns, his, her or its attorney-in-fact, to execute, deliver,acknowledge and record, for and in the name of such Unit Owner, suchdeeds of easement and other instruments as may be necessary ordesirable, in the sole discretion of the Board's authorizedrepresentative, to further establish or effectuate the foregoingeasements. This power is for the benefit of each and every UnitOwner, the Association, the Declarant, and the real estate to whichit is applicable, runs with the land, and is coupled with aninterest.

(Return to index)

ARTICLE X - ASSESSMENTS AND ASSESSMENT LIENS

A. Purpose and Obligation. The assessments levied by the Associationshall be used exclusively to promote the health, safety andwelfare of Unit Owners and Occupants in the best interest of theCondominium Property and Declarant, for each Unit within theCondominium hereby covenants, and each Unit Owner by acceptanceof a deed to a Unit (whether or not it shall be so expressed insuch deed) is deemed to covenant and agree to pay to theAssociation the assessments provided in these provisions. Theseassessments shall be paid on a monthly basis by the owner of eachUnit and no owner of a Unit may exempt himself from liability forhis contribution toward common expenses by waiver of the use or

enjoyment of any of the Common Areas and Facilities or by theabandonment of his Unit.1. Operating Assessments.

a. At the time of the filing of this Declaration, and priorto the beginning of each fiscal year of the Associationthereafter, which fiscal years shall coincide with thecalendar year, the Board shall estimate, and prorateamong the Units on the basis of the percentage interestof each Unit in the Common Areas, common expenses of theAssociation consisting of the following:

1. the estimated next fiscal year's cost of the

maintenance, repair, and other services to beprovided by the Association;

2. the estimated next fiscal year's costs for taxes,insurance and bond premiums to be provided and paidfor by the Association;

3. the estimated next fiscal year's costs for utilityservices not separately metered;
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4. the estimated amount required to be collected tomaintain a general operating reserve to assureavailability of funds for normal operations of theAssociation, in an amount deemed adequate by theBoard;

5. an amount deemed adequate by the Board to maintain areserve for the cost of unexpected repairs andreplacements ofcapital improvements and for therepair and replacement of major improvements forwhich cash reserves over a period of time in excessof one year ought to be maintained; and

6. the estimated amount required to be collected by theBoard to meet the expense of the Associationin contributing to the maintenance of thedetention/retention basin which forms a part ofthe Kingswood Forest Condominium, the existence of

such basin being of benefit to the Condominium Unitswhich are provided for herein;

7. the estimated next fiscal year's costs for theoperation, management and administration of theAssociation, including, but not limited to, fees forproperty management, fees for legal and accountingservices, costs for mailing, postage, supplies andmaterials for operating the Association, and thesalaries, wages, payroll charges and other costs toperform these services, and any other costsconstituting common expenses not otherwise herein

specifically excluded.

b. The Board shall thereupon allocate to each Unit thatUnit's share of all of these items on the basis of thepercentage interest of each Unit in the common area,and thereby establish the annual operating assessment foreach separate Unit. For administrative convenience, anysuch assessment may be rounded to the nearest wholedollar.

c. The annual operating assessment shall be payable inadvance, in equal monthly installments, provided thatnothing contained herein shall prohibit any Unit Ownerfrom prepaying assessments in annual, semiannual,quarterly or monthly increments. The due dates of anysuch installments shall be established by the Board, and,unless otherwise provided, the Association shall collecton or before the first day of each month from those whoown the unit an equal monthly prorata share of the annualoperating assessment for that Unit.

d. If the amounts so collected are, at any time,insufficient to meet all obligations for which those


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funds are to be used, the deficiency shall be assessed bythe Board among the Units on the same basis asheretofore set forth. The monthly assessment for eachUnit may be increased by the Association at any time, andfrom time to time, in the calendar year. The increasedamount will be based upon a percent increase to be

determined by the Association and will be applied to theexisting monthly assessment. Any increase by theAssociation as authorized herein shall become effectiveon the first day of the next calendar month.

e. If assessments collected during any fiscal year are inexcess of the funds necessary to meet the anticipatedexpenses for which the same have been collected, theexcess shall be retained as reserves, and shall in noevent be deemed profits nor available, except ondissolution of the Association, for distribution to UnitOwners.

2.Special Assessments for Capital Improvements. In addition tothe annual operating assessments, the Board may levy, in anyfiscal year, special assessments to construct, reconstruct orreplace capital improvements on the Common Areas to theextent that reserves therefor are insufficient, provided thatnew capital improvements not replacing existing improvementsshall not be constructed nor funds assessed therefor withoutthe prior consent of Unit owners exercising no less thanseventy-five percent (75%) of the voting power of the UnitOwners. Any such assessment shall be prorated among allUnits on an equal basis and shall become due and payable onsuch date or dates as the Board determines following written

notice to the Unit Owners.3.Special Individual Unit Assessments. The Board may levy an

assessment against an individual Unit, or Units, to reimbursethe Association for those costs incurred in connection withthat Unit or Units properly chargeable by the terms hereof toa particular Unit (such as, but not limited to, the cost ofmaking repairs the responsibility of a Unit Owner, the costof insurance premiums separately billed to a Unit Owner, anda Unit Owner's enforcement and arbitration charges). Any suchassessment shall become due and payable on such date as theBoard determines, and gives written notice to the Unit Ownerssubject thereto. Additionally, during the first years of theCondominium's existence, and until such time as real estate

taxes and assessments are split into separate tax bills foreach Unit, the Association shall have the right to pay thereal estate taxes and assessments attributable to theCondominium Property in the event the same have not beenpaid, when due, and assess each Unit Owner for his, her orits share of such real estate taxes and assessments as aspecial individual unit assessment. The share of those taxesand assessments attributable to a Unit shall be computed bymultiplying the total taxes and assessments for all of theCondominium Property by the undivided interest in the CommonAreas attributable to that Unit. The calculation by the


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Association of the Units' shares of taxes and assessmentsshall be binding upon all Unit Owners.

B. Effective Date. Any assessment created pursuant hereto shall beeffective, provided it is created as provided herein, if writtennotice of the amount thereof is sent by the Board to the Unit

Owner subject thereto at least ten (10) days prior to the duedate thereof, or the due date of the first installment thereof,if to be paid in installments. Written notice mailed ordelivered to a Unit Owner's Unit shall constitute notice to thatUnit owner, unless the Unit Owner has delivered written notice tothe Board of a different address for such notices, in which eventthe mailing of the name to that last designated address shallconstitute notice to that Unit Owner.

C. Remedies of Association for Non-Payment.

1.Late Charge. If any assessment or any installment of anyassessment is not paid within ten (10) days after the samehas become due, a late charge of Five Dollars ($5.00) or ten

percent (10%) of the assessment due, whichever is greater,will be charged. The amount of such late charge may bealtered by the Board in the future.

2.Option to Accelerate. If any assessment or any installment ofany assessment is not paid within ten (10) days after thesame has become due, the Board, at its option, withoutdemand or notice, may (i) declare the entire unpaid balanceof the assessment immediately due and payable, and (ii)charge interest on the entire unpaid balance (or on anoverdue installment, alone, if it hasn't exercised its optionto declare the entire unpaid balance due and payable), at therate of ten percent (10%) per annum.

3.Lien. The Association shall have a lien upon the estate orinterest in any Unit of the Owner thereof and the Owner'spercentage of interest in the Common Areas and Facilities forthe payment of all or any portion of the unpaid balance of anassessment chargeable against such unit which remains unpaidfor ten (10) days after the same has become due and payablefrom the time a certificate therefor, subscribed by thePresident of the Association, is filed with the Recorder ofGreene County, Ohio, pursuant to authorization given by theBoard of Managers of the Association. The certificate shallcontain a description of the Unit against which the lien

exists, the name or names of the record owner or ownersthereof, and the amount of the unpaid portion of theassessment or assessments.

a. Duration. The lien provided for herein shall remain validfor a period of five (5) years from the date a certificateof lien was duly filed therefor, unless sooner releasedor satisfied in the same manner provided by law in theState of Ohio for the release and satisfaction ofmortgages on real property, or discharged by the finaljudgment or order of a court in an action brought to


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discharge the lien.

b. Priority. The lien of the assessments provided for hereinshall be subject and subordinate to the lien of any dulyexecuted first mortgage on a unit recorded prior to thedate on which such lien of the Association arises, and

any holder of such first mortgage which comes intopossession of a Unit pursuant to the remedies provided inthe mortgage, foreclosure of the mortgage, or deed orassignment in lieu of foreclosure, and any purchaser at aforeclosure sale, shall take the property free of anyclaims for unpaid installments of assessment or chargesagainst the mortgaged Unit which become due and payableprior to the time such holder or purchaser took title tothat Unit.

4.Actions. The Association, as authorized by the Board, mayfile a lien or liens to secure payment of delinquent

assessments, interest and costs, bring an action at lawagainst the Owner or Owners personally obligated to pay thesame, and an action to foreclose a lien, or any one or moreof these. In any foreclosure action, the owner or Ownersaffected shall be required to pay a reasonable rental forthat Unit during the pendency of such action, and theAssociation as plaintiff in any such action shall beentitled to become a purchaser at the foreclosure sale. Inany such action, interest and costs of such action(including attorneys' fees) shall be added to the amount ofany such assessments, to the extent permitted by Ohio law.

D. Disputes. Any Unit Owner believes that the portion of common

expenses chargeable to his Unit for which a certificate of lienhas been filed by the Association, has been improperly chargedagainst him or his Unit may bring an action in the court of CommonPleas for Greene County, Ohio, for the discharge of such lien tothe extent of the impropriety of the charge.

E. Effect of Conveyance.

1.Voluntary Conveyance. No Unit Owner shall convey an interest inany Unit until all assessments as to such Unit provided bythis Declaration have been paid. In a voluntary conveyance(which includes conveyance by certificate of transfer) of a

unit other than a conveyance in lieu of foreclosure, thegrantee of the Unit shall he jointly and severally liable withthe grantor for all unpaid assessments by the Associationagainst the grantor and his Unit for his share of commonexpenses up to the time of the grant or conveyance, withoutprejudice to the grantee's right to recover from the grantorthe amounts paid by the grantee therefor, provided, however,that this provision shall not be construed so as to permitDeclarant to create liability in an original grantee of a Unitfrom it, for assessments accruing during Declarant's ownershipof any such Unit. Any such grantee and his mortgagee shall be


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entitled to a statement from the Board of Managers of theAssociation setting forth the amount of all unpaid and currentassessments against the grantor due the Association, and suchgrantee shall not be liable for, nor shall the Unit conveyedbe subject to a lien for any unpaid assessments made by theAssociation against the grantor in excess of the amount sat

forth in such statement for the period reflected in suchstatement.

2.Involuntary Conveyance. Where the mortgagee of a first mortgageof record or other purchaser of a Unit acquires title to theUnit as a result of a foreclosure of any lien or a deed inlieu of the foreclosure of the first mortgage, such acquirerof title, his successors and assigns, shall not be liable forthe share of common expenses or other assessments by theAssociation chargeable to such Unit which became due prior tothe acquisition of title to such Unit by such acquirer. suchunpaid share of common expenses or assessments shall be deemedto be common expenses collectible from all of the units,

including that of such acquirer, his successors or assigns.

(Return to index)

ARTICLE XI - UTILITY SERVICES

Each Unit Owner by acceptance of a deed to a Unit agrees to pay forutility services separately metered or separately charged by theutility company to that Unit, including all gas and, electriccharges. Water and sewer services provided for the development shallbe paid by the Association and there shall be meters for measuringsuch charges and the same shall be billed to the Association and paidby the Association as a common expense of the condominium. The amountof the utility charges for water and sewer expense shall be proratedamong the Units as part of the operating assessment of each Unit

Owner. The Association reserves a right to levy additionalassessments against any Owner to reimburse it for excessive use ofany utility service not separately metered as the same shall bedetermined by the Board in relation to any such common expenseutility.

(Return to index)

ARTICLE XII INSURANCE

A. Acquisition. The Association shall carry fire and extendedcoverage, vandalism and maliciousness, and liability insurance andworkmen's compensation insurance, if applicable, pertinent to the

ownership, use and maintenance of the buildings, structures, orother improvements now, or at any time hereafter, constituting apart of the Condominium Property and the costs thereof shall bea common expense.

1.Fire and Extended Coverage. The Condominium Property shall beinsured against fire and other hazards covered by standardextended coverage endorsement in an amount equal to themaximum insurable replacement value excluding foundation andexcavation costs, as determined annually by the Board ofManagers of the Association, but in no event no amount less


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than 100% of the replacement value of all of the buildingsand structures of the condominium Property and not to exceed100% co-insurance provisions of the policy of insurance. Suchcoverage shall also include interior walls within Units, andthe pipes and wires, conduits and ducts contained therein andfurther, include all fixtures, equipment, and trim without a

Unit which were furnished with the Unit as standard items. Inno event, however, shall such insurance cover furniture,furnishings, or other personal property supplied or installedor owned by Unit owners.

a. Such policy of insurance shall be so written so as toprovide for the issuance of certificates of insurance tothe mortgagee of individual Units and to provide suchmortgagees at least ten (10) days notice prior to anycancellation of insurance.

b. If the insurance coverage required under paragraph 1herein ceases to exist for any reason whatsoever, any

mortgagee of any portion of the Condominium Property mayremedy that lack of insurance by advancing premiums tokeep the insurance in effect or obtain new insurancepolicies in place thereof. The funds so advanced shall bedeemed to have been loaned to the Association and shallbear interest at the per annum rate of eight percent (8%)and shall be due and payable to the mortgagee by theAssociation immediately. The repayment of said obligationshall be secured by special assessment against all UnitOwners until paid, without any necessity of any vote ofUnit Owners or the approval of the Association toestablish the special assessment.

c. Such policies shall also provide for the release by theinsurer thereof of any and all rights of the subrogationor assignment and all causes and rights of recoveryagainst any Unit Owner, members of his family, his tenant,or other occupant of the Condominium Property or recoveryagainst any one of them for any loss occurring to theCondominium Property from any of the perils insuredagainst by such insurance coverage.

d. Proceeds of any insurance policies owned by theAssociation shall be paid to an Insurance Trustee selectedby the Association and shall be held in a separate account

and in trust as provided herein for the benefit of theUnit Owners and their mortgagees as their interests mayappear. The Insurance Trustee shall be a bank, selected bythe Association and located in Dayton, Ohio, with trustpowers and total assets of more than Fifty Million Dollars($50,000,000). The Insurance Trustee shall not be liablefor payment of premiums, nor for the renewal of thepolicies, nor for the form or contents of the policies,nor for the failure to collect any insurance proceeds. Thesole duty of the Insurance Trustee shall be to receivesuch proceeds as are paid and to hold the same in trust


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for the purpose as elsewhere stated herein and for thebenefit of the Declarant, the Association, the UnitOwners, and their respective mortgagees. In no event shallthis Trustee provision be in effect for claims of lessthan One Thousand Dollars ($1,000).

e. It shall be the responsibility of each Unit Owner toobtain individual contracts for insurance for hispersonal property located within the Unit or elsewhere inthe Condominium Property, including any betterments orimprovements that such Owner may make to his Unit eventhough such betterments or improvements may beclassified as a fixture. No Unit Owner may purchase anindividual policy on his Unit or his interest in theCommon Areas and Facilities as realproperty. If,irrespective of this prohibition, aUnit Ownerpurchases an individual policy insuring real property,said owner shall be responsible to the Association forloss or expense that such policy may cause in adjusting

the Association's insurance.

2. Liability Insurance. The Association, as acommon expense, shall insure itself, the Board ofManagers, all Unit Owners and members of theirrespective families, and other persons residing withthem in the Condominium Property, their tenants andall persons lawfully in possession or control ofany part of the Condominium Property againstliability for bodily injury, disease, illness or death,and for injury to or destruction of property occurringupon, in or about, or arising from the Common Areasand Facilities, such insurance to afford protectionon a limit of not less than Three Hundred Thousand

Dollars ($300,000) with respect to bodily injury,disease, illness or death suffered by any oneperson and to the limit of not less than One MillionDollars ($1,000,000) in respect to any one occurrenceand to the limit of not less than One Million Dollars($1,000,000) with respect to damage to ordestruction of property arising out of any oneaccident.

a. Such policy shall not insure against liabilityfor personal injury or property damage arising out ofor relating to the individual Units or Limited CommonAreas and Facilities exclusively serving one unit andpertaining thereto.

b. It shall be each Unit Owner's responsibility to

obtain insurance coverage at his own expense upon hisUnit for his personal liability for occurrences withinhisUnit or upon Limited common Areas pertainingthereto and also for the alternative living expenses inthe event of fire and other damage or destruction.

3. Association Act for Unit Owner. Each Unit Owner, by ownershipof a Unit in the Condominium, shall be deemed to appoint theAssociation as his true and lawful attorney-in-fact to act inconnection with all matters concerning the maintenance of fireand extended coverage, vandalism and maliciousness, liability


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insurance and workmen's compensation insurance, if applicable,pertinent to the Condominium Property, his Unit and his interestin the Common Areas and Facilities with such insurer as may,from time to time provide such insurance for the CondominiumProperty. Without limitation of the generality of the foregoing,the Association as said attorney-in-fact shall have the full

power and authority to purchase and maintain such insurance, tocollect and remit premiums therefor, to collect proceeds anddistribution the same to the Association, the the Unit Ownersand respective mortgagees, as their interest may appear, exceptas provided in those provisions concerning the collection anddistribution ofproceeds by the insurance trustee, to executereleases of liability and to execute all documents and to do allthings on behalf of such Unit Owners and Condominium as shallbe necessary or convenient in dealing with any insurancepurchase by the Association.

B. Sufficiency.

1. Sufficient Insurance. In the event thereis any damage or destruction to the CondominiumProperty from any cause or hazard insured againstand the proceeds of any policy or policies shallbe sufficient to pay the cost of repair,restoration or reconstruction, then such repair,restoration or reconstruction shall be undertakenby the Association and the insurance proceedsshall be applied to the payment thereof, unlessUnit Owners, as hereinafter provided, elect notto restore the Condominium Property.

2. Insufficient Insurance. In the eventthe improvements forming a part of theCondominium Property or any part thereofshall suffer damage or destruction from anycauses or peril which is not insured against,or if insured against the insurance proceedsshall not be sufficient to pay the cost ofsuch repair, restoration or reconstruction,then unless the' Unit Owners elect not torestore the Condominium Property, suchrepair, restoration or reconstruction shallbe undertaken by the Association, and allcosts of such repair, restoration orreconstruction, in excess of the insuranceproceeds, shall be borne by the Unit Owners,in proportion to their respective percentagesof interest in the Common Areas andFacilities. Should any Unit Owner refuse orfail after reasonable notice to pay his shareof such costs in excess of availableinsurance proceeds, the amount thereof may be

advanced by the Association and the amount soadvanced by the Association shall be assessedto the owner and such assessment shall havethe same force and effect and, if not paid,shall be enforced in the same manner asherein provided for the non-payment ofassessments.

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ARTICLE XIII - DAMAGE AND RECONSTRUCTION:

REHABILITATION AND RENEWAL

A. Damage and Reconstruction. Immediatelyafter a casualty causing damage to any portion ofthe Condominium Property, the Association shall

obtain reliable, and detailed estimates of thecosts to replace or repair the damaged propertyin condition as good as that prior to thecasualty. Such costs may include professionalfees, adjustment company fees, and premiums forsuch bonds as the Board of Managers deemsnecessary.

The insurance proceeds and the sums deposited with the InsuranceTrustee by the Association from collection of specialassessments against Unit Owners on account of such casualtyshall constitute a construction fund which shall be distributedto the Insurance Trustee and be applied by the Insurance Trusteeto the payment of the cost of reconstruction and repair of theCondominium Property, from time to time, as the work progresses,but not more frequently than once in any calendar month. saidTrustee shall make payments upon the written request of the

Association accompanied by a certificate, dated not more thanfifteen (15) days prior to such request, signed by a responsibleofficer of the Association, and by the general contractor or anarchitect in charge of the work, approved by the Association,which certificate shall set forth:

1. That the sum then requested either has been paidby the Association or is justly due to the contractor,subcontractors, material men, architects and otherpersons who have rendered services and materials inconnection with the work, giving a brief description ofthe services and material furnished, and that the sumrequested does not exceed the value of suchservices and materials described in the certificate;

2. That, except for the amount stated in suchcertificate to be due, as aforesaid, and for worksubsequently performed, there is no outstandingindebtedness known to the person signing suchcertificate after due inquiry which might become thebasis of vendors, mechanics, material men or similarliens arising from such work; and

3. That the cost as estimated by the person signing suchcertificate of the work remaining to be done subsequent to thedate of the certificate does not exceed the amount of constructionfunds remaining in the hands of the Insurance Trustee after thepayment of the sums so requested; and

4. That such work performed is in compliance with andconsistent with the terms of decor and architecturalstructure for the Condominium Property. It shall bepresumed that the first monies disbursed in paymentof such costs of reconstruction and repair shall befrom insurance proceeds; and if there is a balancein any construction fund after payment of all costsof the reconstruction and repair for which the fundis established, such balance shall be disbursed to theAssociation.

The Insurance Trustee may rely upon a certificate


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of the Association certifying as to whether or notthe damage to property is to be reconstructed orrepaired. The Association, upon request of theInsurance Trustee, shall deliver such certificate assoon as practicable.

Each Unit owner shall be deemed to have delegated tothe Board of Managers his right to adjust withinsurance companies all losses under the insurancepolicies referred to in Sections 2 and 2 of ArticleXII, Para. A of this Declaration, excepting Para. A(1)and A(2)(b).

Provided, however, that in the event ofsubstantial damage to, or destruction of theCondominium Property, the Unit owners, by theaffirmative vote of those entitled to exercise notless than 75% of the voting power, may elect notto repair or restore such damage or destruction.Upon such election, all Condominium Property shallbe subject to an action for sale as upon partition

as the suit of any Unit Owners. In the event ofany such sale, or a sale of the CondominiumProperty, after such election by agreement of allUnit Owners, net proceeds of the sale, togetherwith the net proceeds of insurance, if any, andany other indemnity arising because of such damageor destruction, shall be considered as one fundand shall be distributed to all Unit Owners inproportion to their respective percentages ofinterest in the common Areas and Facilities. NoUnit Owner is entitled to receive any portion ofhis share of such proceeds until all liens andencumbrances of his Unit have been paid, releasedor discharged.

B. Rehabilitation and Renewal. The Association may, by the

affirmative vote of Unit Owners entitled to exercise notless than 75% of the voting power, determine that theCondominium Property is obsolete in whole or in part, andelect to have the same renewed and rehabilitated. The Boardof Managers of the Association shall thereupon proceed withsuch renewal and rehabilitation and the cost thereof shallbe a common expense. Any Unit Owner who doss not vote forsuch renewal and rehabilitation may request in a writingserved by him on the President of the Association withinfive (5) days after receiving notice of such vote, toreceive the fair market value of his Unit from theAssociation, less the amount of any liens and encumbrancesthereon as of the date such vote is taken, in return for a

conveyance by him of his Unit, subject to such liens andencumbrances, to the President of the Association asTrustee for all other Unit Owners. The Association shallhave the option to either accept or reject such request andto determine what it considers to be the fair market valueof said Unit. In order for the Board of Managers of theAssociation to exercise this option to purchase such Unit,the Board of Managers must act thereon unanimously. In theevent that such request is granted by the Association andthe Unit Owner and the Association have agreed on the fairmarket value of the Unit, provided that said fair market


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value shall not be less than the balance due on the firstmortgage, if any, encumbering said unit, then suchconveyance on payment of the consideration therefor, ifany, which shall be a common expanse to the Unit Owners whohave not so requested, shall be made within thirty (30)days thereafter. In the event that the Association does not

exercise its option to acquire the Unit from the Unit Ownerrequesting this privilege as hereinbefore described, thensuch Unit Owner shall remain responsible for his share ofthe cost of such renewal and rehabilitation as a commonexpense.

(Return to index)

ARTICLE XIV CONDEMNATION

In the event any Unit or the Common Areas, or anyportion thereof, are made the subject matter of anycondemnation or eminent domain proceeding or are otherwisesought to be acquired by a condemning authority, theholders of first mortgages on the interests taken will havefirst priority, to the extent of their respectiveinterests, with respect to distribution to such Unit of thenet proceeds of any award or settlement. Each Unit Ownershall give the holder of a first mortgage on that owner'sUnit timely written notice of such proceeding or proposedacquisition.

(Return to index)

ARTICLE XV - REMOVAL FROM CONDOMINIUM OWNERSHIP

The Unit Owners, by unanimous vote, may elect to removethe Condominium Property from the provisions of Chapter5311, Ohio Revised Code. In the event of such election,all liens and encumbrances, except taxes and assessmentsnot then due and payable, upon all or any part of thecondominium Property, shall be paid, released, ordischarged, and a certificate setting forth that suchelection was made shall be filed with the Recorder ofGreene County, Ohio, and by him recorded. Such

certificate shall be signed by the President of theBoard of Managers of the Association who shall certifytherein, under oath, that all liens and encumbrances,except taxes and assessments not then due and payable,upon all or any part of the Common Areas and Facilitieshave been paid, released or discharged, and shall alsobe signed by all of the Unit Owners, each of whom shallcertify therein, under oath, that all such liens andencumbrances on his Unit or Units have been paid,released or discharged.

(Return to index)


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ARTICLE XVI - RIGHTS OF MORTGAGEES

A. Any holder or insurer of a first mortgage, upon writtenrequest to the Association (which request states the name andaddress of such holder or insurer and the Unit designation)shall be entitled to timely written notice by the Associationof

1. Any proposed amendment of the condominiumorganizational documents effecting a change in (a)the boundaries of any Unit, (b) the undividedinterest in the common Areas appertaining to anyUnit or the liability for common expensesappertaining to any Unit or (c) the purposes towhich any Unit or the Common Areas are restricted;

1. Any proposed termination of the Condominium as acondominium regime;

2. Any condemnation or eminent domain proceedingaffecting the Condominium Property or any partthereof, of which the Board obtains notice;

3. Any significant damage or destruction tothe Common Areas;

2. Any decision by the Association not to restoresubstantial damage or destruction;

3. Any decision by the Association to renew orrehabilitate the Condominium Property;

4. Any decision by the Association toconstruct new capital improvements not replacingexisting improvements;

5. Times and places of Unit Owners' meetings;and

6. Any default under the Condominiumorganizational documents which gives rise to acause of action against a Unit Owner whose Unitis subject to the mortgage of such holder orinsurer, where the default has not been cured insixty (60) days.

B. Amendments to the Declaration which areof a material nature entitle eligible mortgageholders representing at least fifty-one percent(51%) of the votes of Units that are subject tomortgages held by such eligible holders to givetheir approval. Implied approval will be assumedwhen an eligible mortgage holder fails to submita response to any written proposal for amendmentwithin thirty (30) days after notice of suchproposal when such notice is delivered by


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certified or registered mail, return receiptrequested. For the purpose of this provision,changes to the following would be considered asmaterial giving rise to the rights of mortgageholders set out herein:

1. Voting rights:2. Assessments, assessment liens or the priorityof assessment liens;3. Reserves for maintenance, repair andreplacement of common areas;4. Responsibility for maintenance and repair;5. Reallocation of interests in the general orlimited common areas, or tights to their use;

6. Redefinition of unit boundaries;

7. Convertibility of units into common areas or vic versa;

8. Insurance or fidelity bonds;

9. Leasing of units;10. Imposition of any restrictions on a Unit Owner'sright to sell or transfer his or her unit;

11. A decision by the Owners' Association to establish self-management after professional management of the project;

12. Restoration or repair of the project in a manner otherthan that specified in the documents; any action toterminate legal status of the project aftersubstantial destruction or condemnation occurs; or

13. Any provisions that expressly benefit mortgageholders, insurers or guarantors.

(Return to index)

ARTICLE XVII EXPANSIONS

A. Reservation of Option; Limitations.Declarant, for itself, its successors andassigns, expressly reserves the option to expand

the Condominium Property as provided in thisArticle. Declarant has no limitations on itsoption to expand the Condominium Property exceptas provided in this Article, or elsewhere in thisDeclaration, and except as otherwise so expresslylimited, has the sole right, power and authorityto expand the Condominium Property. No UnitOwners' consent is required to enable theDeclarant to expand the Condominium. Property.Neither all nor any portion of the additionalproperty must be added to the Condominium


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Property, nor, if any of the additional propertyis added, shall it be required that a particularportion of the additional property must be added,provided that portions added meet all otherrequirements set forth in this Article. Except asexpressly provided in this Article, there are no

limitations on the portions of the additionalproperty that must be added to the CondominiumProperty. Further, there are no established ordefined limitations as to the location of anyimprovements that may be made on any portion ofthe additional property which may be added to theCondominium Property except such limitations asmay then be in effect by reason of the laws andlawful rules and regulations of the appropriategovernmental bodies and authorities havingjurisdiction.

B. Legal Description. A legal description,

by metes and bounds, of all additional propertythat, through exercise of Declarant's option, maybe added to the condominium Property bysubmission to the Condominium act as part of thisCondominium, is attached hereto and markedExhibit "F", and referred to herein as "theadditional property".

C. Maximum Number of Units. The maximumtotal number of Units that may be created on theadditional property and added to the condominiumProperty is ninety-four (94), provided that the

foregoing shall neither limit nor restrict nor beso construed as to limit or restrict the numberof dwelling units that may be constructed on allor any portion of the additional property that isnot added to the Condominium Property. subject tothe foregoing total maximum of Units that may beadded to the Condominium Property there is nolimit as to the maximum number of Units per acrethat may be created on any portion of theadditional property added to the CondominiumProperty other than as may, from time to time, beimposed by law.

D. Types of Units. All Units that are created on all or any portionof the additional property and added to the Condominium Propertyneed not be substantially identical to and of the types of Unitsthen on the Condominium Property, provided, however, that anysuch Units shall be deemed substantially identicalnotwithstanding changes in the exterior appearance or interior layout of the Units or changes in the number of stories of saidUnits or in the addition of a basement to the floor plan of

additional Units.

E. Non-Residential Uses. The maximum percentages of the aggregate


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land and floor area of all Units that may be created on theadditional property or portions thereof and added to thecondominium Property that are not restricted exclusively toresidential use is zero, since no such Unit may be so created andadded.

F. Compatibility of Structures. All structures erected on all or anyportion of the additional property and added to the condominiumProperty will be compatible with structures then on thecondominium Property in terms of quality of construction, theprincipal materials to be used, and architectural style anddesign. Comparable style and design shall be deemed to exist ifthe exterior appearance of the structures on the additionalproperty is compatible and harmonious with those then on thecondominium Property. Design shall not be deemed to beincompatible or not comparable because of variances in set-backsor location of structures in relation to other improvements.

G. Limited common Areas. Declarant reserves the right with respectto all or any portion of the additional property added to thecondominium Property to create Limited common Areas therein ofsubstantially the same type, size, and number as those areas thenso designated as such in the Condominium Property.

H. Improvements other than Structures. If all or any portion of theadditional property is added to the condominium Property, drives,sidewalks, yard areas and other improvements similar to thosethen on the condominium Property shall be constructed on thatadditional property. Improvements other than structures added tothe condominium Property shall not include improvements except of

substantially the same kind, style, design and quality as thoseimprovements then on the Condominium Property.

I. Reservation of Easement. Declarant hereby reserves for the Ownersand Occupants of residential units to be constructed on theadditional lands, and for themselves, their successors andassigns, easements over the driveways and walkways of thecondominium Property for ingress and egress to a

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