Potter Pond
Amended and Restated Declaration of Trust
 
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2001 AMENDED AND RESTATED DECLARATION OF TRUST
OF
POTTER POND ASSOCIATION

Full Contents

Article I: Definitions
Article II: Name Of Trust
Article III: The Trust And Its Purpose
Section 3.1: Organization of Homeowners
Section 3.2: Entity Created
Article IV: The Trustees
Section 4.1: Number Of Trustees
Section 4.2: Terms Of Trustees
Section 4.3: Vacancies Election Appointment and Acceptance of Trustees
Section 4.4: Trustee Action
A. Power To Act When Vacancy Exists
Section 4.5: Trustee Meetings; Quorum
A. Minutes
Section 4.6: Officers; Committees
A. Chair
B. Treasurer
C. Secretary/ Clerk
Section 4.7: Resignation; Removal
Section 4.8: Bond Or Surety
Section 4.9: Compensation Of Trustees, Officers, And Committee Members
Section 4.10: No Personal Liability
Section 4.11: Trustees, Officers, And Homeowners May Deal With The Condominium
Section 4.12: Indemnification
Article V: Homeowners and the Beneficial Interest in the Trust
Section 5.1: Beneficiaries And The Beneficial Interest
Section 5.2: Beneficial Interest Held By One Person
Section 5.3: Meetings Of Homeowners
A. Annual Meeting
B. Special Meetings
C. Voting
D. Quorum
E. Proxies
F. Order Of Business
G. Minutes
H. Text Of Proposed Amendment
Article VI: By-Laws
Section 6.1: Powers And Duties Of Trustees
Section 6.2: Maintenance And Repair Of Homes; Trustee Access to Homes
Section 6.3: Maintenance Repair and Replacement Of Common Areas and Facilities
A. Notice Of Person Responsible For Maintenance
Section 6.4: Right Of Access
Section 6.5: Common Expenses Profit And Funds
A. Reserve Funds
B. Determination Of Common Expenses And Fixing of Common Expense Assessments
C. Payment And Collection Of Common Expense Assessments
D. Payment Of Common Expense Assessments Subsequent To Transfer
E. Default In Payment Of Common Expense Assessments
F. Application of Common Funds
G. Notice of Default In Payment of Common Expenses
H. 6(d) Certificates
Section 6.6: Insurance
A. Casualty Insurance
B. Liability Insurance
C. Fidelity Coverage
D. Directors And Officers Liability Insurance
E. Homeowners' Insurance
F. Terms And Conditions Of Policies
G. Deductible; Appointment Of Deductible
H. Insurance Appraisal
I. Trustees As Insurance Trustees
J. Notification Of Mortgagees
K. Certificates Of Insurance
L. Notification To Trustees Of Improvements
Section 6.7: Rebuilding Restoration And Condemnation
A. Casualty Loss
i. Casualty Loss To Homes
ii. Casualty Loss To Homes And Common Elements Or Common Elements Only
a. Loss Less Than Ten Percent
b. Loss In Excess Of Ten Percent
B. Eminent Domain
C. Retention Of Architect
Section 6.8: Improvements To The Homes And Common Elements
A. Improvements To Common Areas And Facilities
B. Improvements To Homes
C. Notification To Trustees Of Value
Section 6.9: Rules Regulations Restrictions And Requirements
Section 6.10: Violations And Enforcement
Section 6.11: Homeowner And Resident Responsibility
Section 6.12: Enforcement Of Charges Fines Obligations
Section 6.13: Attorney's Fees And Costs
Section 6.14: Inspection Of Books
Section 6.15: Financial Reports To Homeowners
A. Audit
Section 6.16: Fiscal Year
Section 6.17: Checks Notes Drafts And Other Instruments
A. Seal
Section 6.18: Notices To Homeowners
Section 6.19: Information To Be Provided By Homeowners To Trustees And Tenants
Section 6.20: Voting Consents And Action Thereon
Section 6.21: Managing Agent
Section 6.22: Acquisition Of Homes By Trustees
Article VII: Mortgages
Section 7.1: Home Mortgages
A. Notice To Trustees
B. Notice Of Unpaid Common Expenses And Other Matters
C. Assignment Of Homeowner Rights
Article VIII: Rights And Obligations Of Third Parties Dealing With The Trustees
Section 8.1: Third Parties' Reliance
Section 8.2: Personal Liability Excluded
Section 8.3: All Instruments Subject To Terms Hereof
Section 8.4: Recording
Section 8.5: Certificates Of Incumbency And Address
Article IX: Amendment And Termination
Section 9.1: Amendments To Declaration of Trust
A. Effective Date Of Amendment
B. Special Amendments
Section 9.2: Termination
Section 9.3: Actions Upon Termination
Article X: Miscellaneous
Section 10.1: Construction Interpretation And Waiver
Section 10.2: Conflicts
Section 10.3: Nondiscrimination
Section 10.4: Abatement and Enjoinment Of Violations By Homeowners