o

()

)

INDEX

MARWYCK PLACE CONDOMINIUM ASSOCIATION

BY-LAWS

ITEM PAGE~I"t

ARTICLE I - TIiE ASSOCIATION 3 ISection 1 - Name and Purpose of Association 3 I

ISection 2 - Membership 3

!Section 3 - Voting 4Section 4 - Organization 4Section 5 - Meetings 4

tARTICLE II - BOARD OF MANAGERS 5Section 1 - Number and Qualifications 5 I

'I

Section 2 - Election of Board 5Section 3 - Term of Office; Compensation 5Section 4 - Vacancies and Resignations 6Section 5 - Powers and Duties 6Section 6 - Annual Organizational Meeting 6Section 7 - Regular Meetings 6Section 8 - Special Meetings 6Section 9 - Actions without a Meeting 7

.Section 10 - Quorum 7Section 11 - Removal Procedure 7Section 12 - Bond Required 7

ARTICLE 111- -OFFICERS 7Section 1 - Election of Officers; Appointments 7Section 2 - Term of Office, Removal, Vacancies 8Section 3 - Powers and Duties 8

ARTICLE IV • MAINTENANCE AND PERMANENT IIIIPROVEMENTS 8Section 1 - Expenditures Paid from Maintenance Funds 8Section 2 - Umitation on Contracts 10

ARTICLE V - GENERAL POWERS OF TIiE ASSOCIATION 10Section 1 - Rules and Regulations 10Section 2 - No Business to be Conduced for Profit 10Section 3 - Special services 11Section 4 - Applicable Laws 11Section 5 - Association's Right to Enter Units 11

BY-lAWS,MNP (1194) Page 1

OR T732:: 63 '-+

""~:'f\ ARTICLE VI - ADMINISTRATIVE RULES AND REGULATIONS 11,,;~\~~~ '~ Section 1 -Adoption 11,\i",'

Section 2 - Amendments 11

ARTICLE VII • OV\INER UNITS 12Section 1 • Unit Ownership 12Section 2 - Unit Use 12Section 3 - Exclusive Use of Limited Common Areas 12Section 4 - Other Improvements to Limited Common Areas 12Section 5 - Parking & Storage of Non Passenger

Vehicles 14Section 6 - Alteration of Exterior Appearance 14Section 7 - Compliance with By-Laws 14

ARTICLE VIII • DETERMINATION AND PAYMENT OF ASSESSMENTS 14Section 1 - Obligation of Owners to Pay Assessments 14Section 2 - Preparation of Estimated Budget 14Section 3 - Reserve for Contingencies and Replacements 15Section 4 - First Year Budget 15Section 5 - Failure to Prepare an Annual Budget 16Section 6 - Books and Records of the ASSOCIATION 16Section 7 - status of Funds Collected by ASSOCIATION 16Section 8 -: Bank Accounts and Developer's Obligation

to Pay Assessments 16Section 9 - Annual Audit 16Section 10 - Remedies for Failure to pay Assessments 17

ARTICLE IX • GENERAL PROVISIONS 17Section 1 - Non-waiver of Covenants 17Section 2 - - severability 17

ARTICLE X • NOTICES AND DEMANDS 17

ARTICLE XI • DEFINITION 18 .

ARTICLE XII • AMENDMENTS 18

( i

(

BY-IJ>.WS.WMIi' (1194) Page 2

ORI732'':' 635

MARWVCK PLACE CONDOMINIUM ASSOCIAll0NBY-LAWS

The within By-Laws are executed and attached as Exhibit "A" to the Declaration ofCondominium Ownersliip ofMarwyck Place Condominium pursuant to Chapter 5311 oftheOhio Revised Code. Their purpose is to provide for the establishment of a Unit Owners'Association for the govemment of the Condominium Property in the manner provided forby the Declaration and these By-Laws. All present or future Owners or tenants, theiremployees, or any other person who might use the facilities of the Condominium Propertyin any manner shall be subject to the covenants, provisions, or regulations contained inthe Declaration and these By-Laws and shall be subject to any restriction, condition, orregulations hereafter adopted by the Trustees, which shall be called the BOARD ofManagers of the Association. The mere acquisition or rental of any of the Units locatedwithin the Condominium Property described in the Declaration, or the mere act ofoccupancy of any ofthe Unitswill constitute acceptance and ratification ofthe Declarationand these By-Laws and the rules and regulations adopted pursuant thereto.

AR11CLE I

THE ASSOCIAll0N

() 5eclion 1. Name and Purpose cI the Associatioo.The name of this Association shall be Marwyck Place Condominium Association and itssole purpose shall be to manage, govem and control Marwyck Place Condominium

.hereinafter sometimes referred to as the CONDOMINIUM, in aooordance with theDeclaration ofsaid CONDOMINIUM, and to carry out the purpose and intent of Chapter5311 of the Ohio Revised Code. Marwyck Place Condominium Association has beenincorporated under the laws of the State of Ohio as a not-for-profit corporation. .

5eclion 2 Mermership.Each Unit Owner upon the acquisition of title to a Unit, shall automatically be a memberof Marwyck Place Condominium Association, hereinafter sometimes referred to as theASSOCIATION. Such membership shall terminate upon the sale or other disposition bysuch member of his Unit, at which time the new Owner of such Unit shall become amember of the ASSOCIAll0N. .

V\ot1en more than one person holds such interest or interests in any Unit, all such personsshall be Mem~rs, but for quorum, voting, consenting and all other rights of Membership,such person shall collectively be counted as a single Member and entitled to one vote foreach such Unit, which vote shall be exercised collectively.

BY-tAIfIS.MW' (1194) Page 3

(cj

.. .- ....lllW.1:1~~~~.....r<.\1~':>.l>\.\,.~;llJ,l.,~"'·~~'.»O:~.>o<.:>:J'~~~"~;Jj,l~....'>~;:>"/>iM:J='.r.l!.W>'~~II111>\l"'l:.~IIl:>'1>'\\\~~\l:;l>.Il.\!l;:I"~\~\ll\:.l~"'~"""-"\!l~~"''''''''''''''<o:''''''''''''-'\\.~~;!l\>o1:l:~

OR1732::-636

Sectioo 3. Voting.Each Unit Ovvner shall have the voting power in proportion to such Unit Owner'sPercentage of Interest in the Common Areas and Facilities as set forth in Exhibit "G" ofthe Declaration ofCondominium Ovvnership of Marwyck Place Condominium. This votingpower can be exercisecJ by the Ovvner or Ovvners of a Unit, his or her heirs, assigns,deVisees, or personal representativ~.

Sectioo 4. Organizatioo.The ASSOCIATION shall be established not later than the date the deed to the first Unitsold in the Condominium is filed for record. Until the ASSOCIATION is organized, theDeveloper shall act in all instances where action of the ASSOCIATION, its Board ofManagers, hereinafter sometimes referred to as the BOARD, or its Officers is authorizedor required by law or by the Declaration.

Not later than the time that the Condominium interest to which twentY-five (25) percentof the undivided interest in the Common Areas and Facilities appertain have been soldand conveyed by the Developer, the ASSOCIATION shall meet and the Unit Owners,other than the Developer, shall elect not less than one memberof the Board of Managers.

Wthin thirty (30) days after the earlier of (a) the end of the five year period commencingwith the establishment of the ASSOCIATION (which date shall be the date of the filing forrecord of the deed or other evidence of ownership following the first sale of a Unit); or, ((b) the date that the Condominium interest to which seventy-five (75) percent of theundivided interest in the Common Areas and Facilities appertain have been sold andconveyed by the Developer, the ASSOCIATION shall meet and elect all three members

. of the BOARD and all officers of the ASSOCIATION, and all persons previously electedor designated, whether by the Developer or other Unit Ovvners, shall il11lTll;lCliately resign;however, persons previously elected by the Unit Ovvners are eligible for reelection to theBOARD. This election meeting shall be the first Annual Meeting of the ASSOCIATION.

Sectioo 5. Meetings.(a) Annual Meeting. There shall be an annual meeting of the Unit Owners held inSummit County, Ohio each year at a time and place determined by the BOARD then inoffice. At the Annual Meeting, the Unit Ovvners shall elect the necessary member ormembers to the BOARD for the year ensuing. At the Annual Meeting any mattersconceming the welfare of the Condominium may be discussed and referred to theBOARD for proper action. M the Annual Meeting, the President, Vice President andSecretary-Treasurer shall submit reports in writing for the year just ending, which reportshall be read to the Unit Ovvners. The Annual Meeting shall be presided over by thePresident, Vice President or Secretary-Treasurer in that order.

(b) Special Meetings. Special Meetings may be called by the President, VicePresident or Secretary-Treasurer, or by Unit Ovvners constituting at least fifty percent(50%) of the voting power, by written notice mailed to each Unit Owner at least five (5) (

BY-lAWS.W5' (1194) Page 4

-----.......-,...----_. --~--- ..~...__._--_.

OR 1132'- 637

~C~) days prior to such meeting, the time and place for which must be shown in such notice.~,~i7 Notice of such meeting may be waived in writing by those entitled to notice. Special

Meetings shall be presided over and conducted by the President, or in his absence, theVice President or Secretary-Treasurer in that order. Unless othelVv'ise indicated in thenotice thereof, any business may be transacted at any organizational, regUlar or specialmeeting. .

(c) Actions without a Meeting. All actions except the removal of officers, which maybe taken at a meeting of the ASSOCIATION, may be taken without a meeting with theunanimous consent in writing, signed by each member of the ASSOCIATION, and shallbe filed with the minutes and proceedings of the ASSOCIATION.

(d) Proxy. Members may vote or act in person or by proxy. The person appointed asproxy need not be a member of the ASSOCIATION. Designation by a member ormembers of a proxy to vote or act on his ortheir behalf shall be made in writing to theSecretary-Treasurer of the ASSOCIATION and shall be revocable at any time.

(e) Quorum. To constitute a quorum at the Annual or any Special Meeting, at leastfifty percent (50%) of the voting po1Ner of the ASSOCIATION must be present at suchmeeting.

tI

i

I

I,

( ) ARTICLE II

BOARD OF MANAGERS

.Section 1. Numer and Qualifications.The BOARD shall consist of three persons, all of whom must be Owners and occupantsof a Unit.

Section 2. - Election of the BOARD.The Members of the BOARD shall be elected at each Annual Meeting of the membersof the ASSOCIATION or at a Special Meeting called ·for the purpose of electing BOARDmembers. M meetings of members of the ASSOCIATION at which Managers are to beelected, only persons nominated as candidates and receiving the greatest number ofvotes shall be elected.

Section 3. Tenn of Office; Con1JensatiorLAt the first Annual Meeting of the members of the ASSOCIATION, the term of office ofthree (3) members of the BOARD to be elected shall be as follows:One (1) BOARDmember shall be elected for a term of one (1) year;One (1) BOARD member shall beelected for a term of two (2) years;One (I) BOARD member shall be elected for a termof three (3) years. Thereafter, all BOARD members elected shall serve three (3) yearterms until his successor is elected, or until his earlier resignation from office, removal

) from office, or death. Members of the BOARD shall serve without compensation.

BY·lAWS.MM> (1194) Page 5

........--.--_._-------_.,,--_.._--_._~ ..._._-----,._..-_._-------- ..._~._-------_._---- _.•._...,._- .._. ~, .. -•..---------._-----

OR1732'-' 638

Section 4. Vacancies and Resignations.In the event of th~ occurrence of any vacancy or vacancies in the BOARD, the remainingBOARD members, though less than a majority of the authorized number of BOARDmembers, may, by the vote of a majority of their number, fill any vacancy for theunexpired term. Any BOARD member may resign at any tirre by written statement to thateffect delivered to the'Secretary-Treasurer of the Association, such resignation to takeeffect immediately or at such other time as the BOARD member may specify.

Section 5. POJUeIS and Duties.The BOARD shall have the duty to direct the managerrent of the operation of theCondominium Property and exercise the powers of the ASSOCIATION, except asotherwise provided in these By-Laws or in the Declaration, and shall have such powersas shall be delegated to it by the ASSOCIATION.

Section 6. Annual Organizational Meetirg.Immediately after each Annual Meeting of the members of the ASSOCIATION, the newlyelected BOARD members and those BOARD members whose terms hold over shall holdan Organizational Meeting for the purposes of electing officers and transacting any otherbusiness. Notice of such meeting need not be given.

Section 7. Regular Meetings.Regular meetings of the BOARD may be held at such times and places as shall be (idetermined by a majority of the BOARD members, but at least six (6) such meetings shallbe held during each fiscal year. Such meetings shall be held within the County of Summit,Ohio and not elsewhere. '

Section 8. Special Meetings.Speciql Meetings of the BOARD may be held at any time upon call by the President orany two (2) BOARD members. Witten notice of the time and place of each meeting shallbe given to each Manager, either by personal delivery or by mail, facsimile, telegram ortelephone at least two (2) days before the meeting. Said notice need not specify thepurpose ·of the meeting; provided however, that attendance of any BOARD member atany such meeting without protesting prior to or at the corrmencement of the meeting,shall be deemed to be waiver of notice by him. Such notice may be waived in writing,either before or after such meeting, by any Manager, which writing shall be filed with orentered upon the records ofthe meeting. Unless otherwise indicated, in the notice thereof,any business may be transacted at any organizational, regular or special meeting.

(

BY·LA'NS.wrNi' (1/94) Page 6

'--- -----_ __.__..- __._--_ -.._--_._----_.._- -- _._--_.- - -_.._ _ __ .. "" __.. _..

OR 1'732.;. 639

( )

( )

Section 9. Actions Without a Meeting.All actions, except removal of an officer, which must be taken at a meeting of theBOARD, may be taken without a meeting with the unanimous consent in writing of all themembers of the BOARD. Such writing, signed by each member of the BOARD, shall be .filed with the minutes ~nd proceedings of the BOARD.

Section 10. QuonmA quorum of the BOARD shall consist of a majority of the members of the BOARDpresent at any meeting duly held. W1ether or not a quorum is present, any meeting maybe adjourned from time to time; if any meeting is adjourned, notice of such adjournmentis fixed and announced at such meeting. At each meeting of the BOARD at which aquorum is present, all questions and business shall be determined by a majority vote ofthose present, except as may be otherwise expressly provided in the Declaration andthese By-Laws.

Section 11. Rerroval Procedure.At any regular or special meeting of the members of the ASSOCIATION duly called, at

.which a quorum is present, anyone or more of the members of the BOARD may beremoved, with or without cause by a vote of the members entitled to exercise at leastseventy-five percent (75%) of the voting power of the ASSOCIATION. Any BOARDmember whose removal has been proposed by the members of the ASSOCIATION shallbe given an opportunity to be heard at such meetings. A successor or successors to suchBOARD member or BOARD members so removed shall then and there be elected to fillthe vacancy or vacancies thus created.

.Section 12. Bond and Inswance Required.The BOARD shall require that all officers and employees of the ASSOCIATION handlingor responsible forAssociation funds furnish adequate Financial Responsibility Bonds. TheASSOCIATION shall also provide Officers and Directors insurance for all BOARDmembers. Premiums on such bonds or insurance shall be paid by the ASSOCIATIONand shall be a common expense.

ARTICLE III

OFFICERS

Section 1. Elec::tion d 0lIiceJS; Appoinbnenls.At the first meeting of the BOARD in each year at which a quorum shall be present, heldafter the Annual Meeting of the Unit Ovvners' ASSOCIATION, the BOARD shall electofficers and employees as it shall determine. They may also appoint an executivecorrmittee or any special conmittees. The officers of the ASSOCIATION shall be aPresident, Vice President and Secretary-Treasurer, all of whom shall be members of theBOARD.

ii~I'r

BY-LAWS.WWt' (1/94) Page 7

OR 1732~ 6l~O

Section 2. Tenn oct 0IIic:e, Rerroval; Vacancies.The Officers of the ASSOCIATION shall be elected for a tenn of one (1) year by theBOARD and shall serve until their successors are elected and quC\lified. Any officer oremployee elected or appointed by the BOARD may be removed at any time upon avoteofa majority of the BOARD. Any vacancy in any office may be filled by the BOARD upona vote of a majorityofthe BOARD then remaining. 0

Section 3. Po.n.ers and Duties.The President shall condUct all meetings of the ASSOCIATION and the BOARD; the VicePresident or the Secretary-Treasurer, in that order, shall act in the absence of thePresident. The Secretary-Treasurer shall keep the minutes of the ASSOCIATION andBOARD meetings, shall handle the financial affairs of the ASSOCIATION, including thedeposit of funds, shall write and sign checks for the legitimate expenses of theASSOCIATION as authorized by the BOARD, and prepare and maintain the recordsrequired by Ohio Revised Code Section 5311.09.

AR1lCl£ IV

MAINTENANCE AND PE~ENT IMPROVEMENTS

Section I. Expenditures Paid fran Maintenance Funds.The ASSOCIATION for the benefit of all Ovvners, shall acquire, and shall pay for out of (the maintenance fund hereinafter provided for, the following: 0

(a) utility Service - Common Areas and Facilities. Water, waste removal, electricity,o telephone, heat, power or any other necessary utility service for the Common Areas andFaciIities, but not in the individual Unit.

(b) Insurance. 0

(1) -Casualty Insurance. A policy or policies of tire insurance, with extendedcoverage, vandalism and malicious mischief endorsements, as provided in theDeclaration, the arrount of which insurance shall be revie'Ned annually.

(2) Liability Insurance. A policy or policies insuring the ASSOCIATION, themembers of the BOARD, the ONners, their invit~ or tenants, and mortgagees of anyONnership interest against any liability for personal injury orproperty damage arising fromor incident to the ONnership anc:llor use of the Common Areas and Facilities and Units,as provided in the Declaration, the limits of which policy shall be reviewed annually.

(3) VVorkers' Compensation. VVorkers' Compensation insurance to the extentnecessary to comply with any applicable law.

(( ··oJ'.\~ .

(1/94) Page 8

(

( )

--ORI''732: 61.;1

(c) \Nages and Fees for services.The services of any person or firm employed by the ASSOCIATION, including theservices of any person or persons required for the maintenance of or operation of theCommon Areas and Facilities and legal and/or accounting services necessary or properin the operation or the enforcement of the Declaration and these By-LalNS and for theorganization, operatiolJ and enforcement of the rights of the ASSOCIATION.

(d) Care of Common Areas and Facilities.Landscaping, gardening, snow removal, painting, cleaning, decorating, repair andreplacement of the Common Areas and Facilities (but not including the Limited CommonAreas which have been altered as provided in Article VII, Sections 3 and 4 herein and theinterior surfaces of the Units - including garages - which the Unit DINner shall paint, clean,decorate, maintain and repair), and the ASSOCIATION shall have the exclusive right andduty to acquire any recreational facilities for the Common Areas and Facilities.

(e) Certain Maintenance of Units.Maintenance and repair of any Unit if such maintenance or repair is necessary, in thediscretion of theASSOCIATION, to protect the Common Areas and Facilities, or any otherportion of a building, and the DINner or DINners of said Unit have failed or refused toperform said maintenance or repair within a reasonable time after written notice of thenecessity of said maintenance or repair has been delivered by the ASSOCIATION to saidDINner or DINners. In such instance, the ASSOCIATION shall levy special assessmentsagainst such Unit OMler for the cost of said maintenance or repair.

(f) Certain Utility services to Units.The ASSOCIATION may pay from the maintenance fund for water, waste removal and/orutilities which are not separately metered or otherwise directly charged to Unit OMlers.Hovvever, the ASSOCIATION may discontinue such payment at any time, in which case .each OMler shall be responsible for direct payment of his share of such expenses asshall be determined by the BOARD of the ASSOCIATION. The ASSOCIATION, as shallbe determined by the BOARD, reserves the right to levy additional assessments againstany OMler to reimburse it for excessive use of any utility service, the expense of whichis charged to the maintenance fund.

(g) Capital Additions and Improvements.The ASSOCIATIONS povvers hereby enumerated shall be limited in that theASSOCIATION shall have no authority to aCCjuire and payout of the maintenance fundfor any capital additions and improvements (other than for purposes of replacing orrestoring portions of the Common Areas and Facilities, subject to all the provisions of theDeclaration and these By-LaINS) having an annual total cost in excess of Five HundredDollars ($500.00), nor shall theASSOCIATlON authorize any structural alterations, capitaladditions to or capital improvements of the Common Areas and Facilities requiring anexpenditure in excess of Rve Hundred Dollars ($500.00) without in each case the priorapproval of the members of the ASSOCIATION entitled to exercise a majority of thevoting povver of the ASSOCIATION.

~,i.~

II,~I~t

BY-LAWS.MV\.P (1194) Page 9

ORT132',;; 6l.2(h) Discharge of Mechanic's Lien.My amount necessary to discharge any mechanic's lien or other encumbrances leviedagainst the Condominium Property or against the Common Areas and Facilities, ratherthan merely against the interests therein of particular ONners, it being understood,however, that the foregoing authority shall not be in limitation of any statutory provisionrelating to the same subject matter. VIttlere one or more ONners are responsible for theexistence of such lien, they shall be jointly and severally liable for the cost of dischargingit; any costs incurred by the ASSOCIATION by reason of said lien or liens shall bespecifically assessed to said ONners.

(i) Additional· Expenses.My other materials, supplies,fumiture, labor, services, maintenance, repairs, structuralalterations, insurance or assessments which the ASSOCIATION is required to secure orpay for purSuant to the terms of the Declaration and these By-Laws, or which in itsopinion shall be necessary or proper for the maintenance and operation of theCondominium Property as a ''first class" Condominium Project or for the enforcement ofthe Declaration and these By-Laws.

SectiOn 2. Ullilation on Contracts.Neither the ASSOCIATION nor the BOARD shall enter into a contract for professionalmanagement of the affairs of the ASSOCIATION for a period exceeding three (3) yearsand such acontract must provide for termination by either partywithout cause andwithouttermination fee on ninety (90) days notice.

ARTICLE V

GENERAL POVIIERS OF THE ASSOCIA110N

.SectiOn 1. . RuJes and Regulations.The A$SOCIATlON, by vote of the members entitled to exercise a majority of the votingpolNer of the ASSOCIATION, may adopt such reasonable rules and regulations and fromtime to time amend the same supplementing the rules and regulations set forth in theDeclaration and these By-Laws as it may deem advisable for the maintenance,conservation, and beautification oftheCondominium Property, and for the health, comfort,safety and general welfare of the ONners and occupants of the Condominium Property.Witten notice of such rules and regulations shall be given to all ONners and occupantsand the Condominium Property shall at all times be maintained subject to such rules andregulations. In the event that such supplemental rules and regulations shall conflict withany provisions of the Declaration or of these By-Laws, the provisions of the Declarationand of these.By-laWS shall govem.

SectiOn 2. No Business to be Ccn:Iuded for profit.Nothing herein contained shall be construed to give the ASSOCIATION authority toconduct a business for profit on behalf of all the ONners or any of them.

(

(

BY-LAWS.MM' (1194) Page 10

OR1732- GI11Section 3. Special SEirvices. .The ASSOCIATION may arrange for the provision of any special seNices and facilitiesfor the benefit of such ONners and/or occupants as they may desire to pay for same,including 'Nithout limitation, cleaning, repair, and maintenance of Units and provision forthe construction and operation of special recreational, utility, educational or medicalfacilities. Reasonablef~ for such special seNices and facilities shall be determined bythe BOARD and may I?e charged directly to participating ONners, or paid for from themaintenance fund and levied as a special assessment due from the participants.

Section 4. Applicable Laws.The ASSOCIATION shall be subject to and govemed by the provisions of any statuteadopted at any time and applicable to property submitted to the Condominium form ofONnership (including without limitation, Chapter 5311 ofthe Ohio Revised Code); provided,hovvever, that all inconsistencies betvveen or among the permissive provisiqns of anystatute and any provision ofthe Declaration and these By-Laws, shall be resolved in favorof the Declarationand By-Laws. In the event of any conflict or inconsistency betvveen theprovisions of the Declaration and the Articles or By-Lavvs of the Association, the termsand provisions of the Declaration shall prevail, and the ONners and all persons claimingunder them covenant to vote in favor of such amendments in the ArticleS or By-Lavvs as'Nill remove such conflicts or inconsistencies.

( )

)

,Section 5. ASSOCIATION'S Right to Enter Units.The ASSOCIATION or its agents may enter any Unit when necessary in connection 'Nithany maintenance or construction for which the ASSOCIATION is responsible. Such entryshall be made with as little inconvenience to the ONners as practicable, and any damagecaused thereby shall be repaired by the ASSOCIATION. Such expense shall be paidfrom the maintenance fund. The ASSOCIATION reseNes the right to retain a pass keyto each Unit. In the event of any emergency originating in or threatening any Unit at atimewhen alterations or repairs are required, the ManagementAgent orhis representativeor any other person designated by the BOARD may enter the Unit irrmediately, whetherthe ONner is_present or not.

ARllCLEVI

ADMINISTRATIVE RULES AND REGULATIONS

Section 1. Adoption.The BOARD may adopt rules and r~ulations goveming the operation and use of theCondominium Property not in conflict with theDeclaration or these By-Lavvs, or those adopted by the members pursuant to Article V,Section 1 above, by a vote of a majority of the members of the BOARD.

Section 2. Amanctne.nls.Such rules and regulations may be amended from time to time by a majority vote of themembers of the BOARD or by avote of more than fifty percent (50%) of the voting povverof the Unit ONners' ASSOCIATION at its Annual or any Special Meeting.

BY-LAWS.IMP (1/94) Page 11

~..'.'..

ARTICLE VII

OWNER UNITS

Section 1. Unit CM.nership.Ownership of a Unit includes the right to exclusive possession, use and enjoyment of theinterior surfaces of all its perimeter walls, floors and ceilings and of all supporting walls,fixtures and other parts of the building within its boundaries, as vvell as Limited Col11T1OnAreas and Facilities belonging to suCh Unit, i'ncluding the right to paint, tile, wax, paperor otherwise finish, refinish or decorate the same.

Section 2. Unit Use. . .Each Unit shall be used ~nd occupied only as a private dvvelling by the Owner or histenant. Each Unit or any part thereQf shall not be used for S!ny other purpose. EachOwner or his tenant or any other occupant of the Unit, shall respect the comfort andpeace of mind of his neighbors, as vvell as other occupants of the Condominium. EachOwner shall not do, or permit to be done, or keep in the Unit anything which will increasethe rate of fire insurance for the Condominium, or do anything or suffer anything to bedone which shall be a nuisance, annoyance, inconvenience, or cause damage to the Unitor any occupants of the Condominium

Section 3. Exclusive Use d United CuillkJf1 Areas.Each Unit Owner shall have the exclusive use of the Limited Common Areas associatedwith his Unit.

(a) Parking. The Uhit Owner shall have the exclusive right to park passengervehicle(s) in the driveway within the Limited Common Areas only.

(b) Landscaping. The Unit Owner shall have the right to:(1) plant and maintain f10vvers and shrubs in the front and side of the Limited

Cormion Areas; and(2) -undertake such landscape improvements as the Owner may desire in the

rear Limited Common Areas including the installation of walks, landscape structures andchildren's play equipment. Permanent placement of play equipment may result in Ownerhaving to maintain the area (I.e., grass mowing).

Section 4. Other Itl1JI'OWmenls 10 the United CaIIIkJf1 Areas.Each Unit Owner may, with the approval of the Board of Managers and upon obtainingsuch permits as may be required by the Municipality, make the following improvementswithin the Limited Common Areas associated with his Unit:

(a) F~nces and walls. Privacy fences and walls may be installed in the LimitedCommon Areas to the rear or side of the Unit only. lJIA1ere any portion of the LimitedCommon Areas is enclosed by a fence or wall, the maintenance of the area so enclosedshall become the sale responsibility of the Unit Owner.

(/ ...

'\

(

(

BY·LAWS.WWi' (1194) Page 12

......~-~·_----_····_~~· __ ~~·· '"-...-.... ·· · .~._N_._. 'n ._._.. _ __• •••_ ~~'.~.. ~-.~ ••~••_••~".•~ , .•~ _._. ._••• _ •• ••_._~,_,__~ _

(1 )

( )

.~.. )..'

ORI732:.: 6ti~(b) Decks and Patios. Decks and Patios may be corlttructed in the Limited CommonArea only to the rear or the side of the Unit.

(c)· Porches and RoomAdditions. Porches and Room Additions may be added to anyUnit within the Limited Common Area only in accordance with the following:

Procedures .i. My Unit Ovvnerwishing to adda Porch or RoomAddition shall submit

plans, elevations, and exterior material and color specifications along with a site plan ofthe Unit showing the relationship of the proposed Porch or Addition to the cM!elling,adjacent cM!ellings and the Limited Common Areas along with an estimate of the valueof the Porch or Addition to the ASSOCIATION'S Management Company. (A copy of theexisting plat of the Condominium Domain may be obtained from the Association'sManagement Company or one of record from the County Recorder.) The ManagementCompany shall transmit copies of the material to the BOARD of the ASSOCIATION,which shall review the proposed Porch or Room Addition in accordance with thestandards stated below and shall either approve the proposal, with or without conditions,or disapprove the proposal. The BOARD'S action shall be reported to the Unit Ovvner bythe ASSOCIATION'S Management Company within thirty days of receipt of theapplication, and a record of the BOARD'S"action shall be kept by the ManagementCompany.

ii. Upon approval of the BOARD, the Unit Owner must obtain a buildingpermit from the Municipality for the Porch or Addition. A copy of the BOARD'S approvalshould be included with the Unit Ovvner's building permit application, as it is theMunicipality's policy not to approve any building permits for Porches or Additions withinCondominiums without the approval of the Board.

(2) Location Standards.i. Porches and Additions may be located only within the rear and side

Limited Common Area of a Unit.

ii. Porches and Additions shall be located and designed so as not tointerfere with the use, enjoyment, or privacy of the adjacent Unit ONners.

iii. No Porch or Addition shall be located within 35 feet of the outsideproperty line of the Condominium Domain or as shown on the plat.

iv. No Porch or Addition shall be located within five (5) feet of the sideLimited Conmon Area line, except that a Porch or Addition may be built within five (5)feet of the adjacent side Limited Common Area line when the wall of the Porch orAddition, so located, contains no windolNS or doors, and the ONner of the adjacent Unithas agreed in writing to the lesser setback. There must remain a separation of 15 feetbetween buildings.

(3) Design and Construction Standards.All construction shall conform to the requirement of the local Building Code.

BY-LAVIS.MV\P (1/94) Page 13

OR 1732';' 5116(4) Porches and Additions; Part of Unit.

All Porches and Additions become part of the Common Area and Facilities and will beinsured and maintained by theAssociation as if they were part of the original construction.The Cost of the Porch or Addition constructed prior to the final adjustment in the UnitOvvners' Percentage of Interest will be included in the base unit price for the purpose ofdetermining the percentage interest. Porches and Additions constructed after the finaladjustment in the PerCentage of Interest will be subject to a special assessment basedupon their value, as determined by the BOARD of the Association, to pay for theadditional cost of maintenance, repair, replacement and insurance. Such additionalassessment to any Unit will not affect the Percentage of Interest of such Unit.

Section 5. Parking and SlDrage r:A Non-Passenger Vehicles.Notrucks, trailers, boats, or recreational vehicles shall be permitted to be stored ovemightanywhere on the Condominium Property except in an enclosed garage or in such parkingareas as may be hereafter established by 75% majority of the members of theASSOCIA110N.

Section 6. Alteration r:A Exterior Appearance.No additions, alterations or changes (inclUding, but not limited to, the addition of radio ortelevision antennas) shall be made to the exterior of the Condominium Unit except withthe written approval of the BOARD, or such Building Committee as it may establish,except as otherwise provided in these By-Laws.

Section 7. Ccn1JIiance Vtith By-laVIS. . (Each Unit OINner shall abide by the provisions of the By-Laws of the Unit Ovvners'ASSOCIATION, the rules and regulations as promulgated underArticleVI, the Declarationof Condominium, as well as the provisions of Ohio Revised Code, Chapter 5311 and anyamendments thereto, and each Ovvner shall use his Unit and sell and convey the same,exercise the privilege of being an Ovvner only in a way which will not violate any of theprovisions of the By-Laws; administrative Rules and Regulations, as amended from timeto time, or any provisions of the Declaration of Condominium.

AR11CLE VIII

DETERMINATION AND PAYMENT OF ASSESSMENTS

Section 1. Obligation r:A Ov.ners to Pay Assessmenls.It shall be the duty of every Unit Ovvner to pay his proportionate share of the expensesof administration, maintenance and repair of the Common Areas and Facilities and of theother expenses provided for herein. Such proportionate share shall be in the same ratioas his percentage of OINnership in the Common Areas and Facilities as set forth in Exhibit"C" of the Declaration. Payment thereof shall be in such amount and at such times asmay be determined by the BOARD of the ASSOCIA110N, as hereinafter provided.

Section 2. Preparation r:A Estimated EiJclgetEach year on or before December 1st the BOARD shall estimate the total arrount (necessary to pay the cost of wages, materials, insurance, services and supplies whichwill be required during the ensuing calendaryear for the rendering ofall services, together

BY-LAVvS,MV\P (1/94) Page 14

oOR 'J 1 ~ 2:: h li 7

with a reasonable amount consiaereCl oy the ASSOCIATION to be necessary for areseNe for contingencies and replacements, and shall on or before December 15th notifyeach Owner in writing as to the amount of such estimate, with reasonable itemizationthereof.

Said "estimated cash requirement" shall be assessed to the Owners according to eachOwner's percentage of Ownership in the Corrmon Areas and Facilities as set forth inExhibit "c" of the Declaration. On or before January 1st ofthe year and the 1st of each andevery month of said year, each Owner shall be obligated to pay the ASSOCIATION, oras it may direct, one twelfth (1/12) of the assessment made pursuant to this paragraph.On or before the date of the Annual Meeting of each calendar year, the ASSOCIATIONshall supply to all Owners an itemized accounting oHhe maintenance expense for thepreceding calendar year actually incurred and paid together with a tabulation of theamounts collected pursuant to the estimate provided and showing the net amount overor short of the actual expenditures plus reseNes.

Any amount accumulated in excess of the amount required for actual reseNes andexpenses shall be credited according to each Owner's percentage of Ownership in theCorrmon Areas and Facilities to the next monthly installment due from Ovvners under thecurrent year's estimate, until exhausted, and any net shortage shall be added accordingto each Ovvner's percentage of Ovvnership in the Corrmon Areas and Facilities to theinstallments due in the SUcceeding six months after rendering the accounting.

Section 3. Reserve fa' Contingencies and Replacemenls.The ASSOCIATION shall build up and maintain a reasonable reseNe for contingenciesand replacements. Extraordinary expenditures not originally included in the annualestimate which may be necessary for the year, shall be charged first against suchreseNe. Ifsaid "estimated cash requirement" proves inadequatefor any reason, includingnon-payment of any Ovvner's assessment, the BOARD shall prepare an estimate of theadditional cash requirements then necessary or necessary for the balance of the year,which additional amount shall be assessed to the Ovvners according to each Ovvner'spercentage df Ownership in the Corrmon Areas and Facilities. The BOARD shall seNenotice of such further assessment on all Ovvners by a statement in writing giving theamount and reasons therefore, and such further assessments shall become effectivewiththe monthly maintenance payment which is due not more than ten (10) days after thedelivery or mailing of such notice of further assessments. All Owners shall be obligatedto pay the adjusted monthly payment. '

Section 4. Fist Year 8ldget\IIA1en the first BOARD elected hereunder takes office, the BOARD shall determine the"estimated cash requirement", as hereinabove defined, for the period commencing thirty(30) days after said election and ending on December 31st ofthe calendar year in whichthe said election occurs. Assessments shall be levied against the Ovvners during saidperiod as provided in Section 2 of this Article VIII.

-. .'; .....

1.'I

II

[

I,!,:,lI:

BY-LAWS.MV\P (1/94) Page 15

-~- -_.._------------------_..__.....-_.__...__._--- ------ ----- ._- - . -- - --------- --_.

OR1732- 648Section 5. Failure to Prepare an Annual 81lC1getThe failure or delay of the BOARD to prepare or serve the annual or adjusted estimateon the OMler shall not constitute a vvaiver or release in any manner of such OMler'sobligation to pay the maintenance costs and necessary reserves, as herein provided,whenever the same shall be determined. In the absence of any annual or adjustedestimate, the OMlershall continue to pay the monthly maintenance charge at the existingmonthly rates establish~ for the pervious period until the monthly maintenance paymentwhich is due more than ten (l0) days after such new annual or adjusted estimate shall bemailed or delivered.

Section 6. Books and RecatIs of ASSOCIATION.The BOARD shall keep full and correct books of account and the same shall be open forinspection by any OMler or any representative of an OMler duly authorized in writing, atsuch reasonable time or times during normal business hours as may be requested by theOMler. Upon ten (10) days notice to the BOARD any Unit OMler shall be furnished witha statement of his account setting forth the amount of any unpaid assessments or othercharges due and owing from such OMler. -

,

(.--- l\..

Section 7. StatuS of Funds CoIIecled by AssociaticnAll funds collected hereunder shall be held and expended solely for the purposesdesignated herein, and (except for such special assessments as may be levied hereunderagainst less than all of the OMlers and for adjustments as may be required to reflectdelinquent or unpaid assessments) shall be deemed to be held for the use, benefit andaccount of all of the OMlers in proportion to each Unit OMler's percentage of Interest in (the Col11T'Qn Areas and Facilities as prOVided in the Declaration.

Section 8. BankAccounlsand Developer's Obligatial to Pay Assessnenls.--Monthly assessments shall be deposited with a bank or savings and loan association

having its principal offices in Northeastern Ohio. The Developer shall pay hisproportionate share of the monthly assessments to the ASSOCIATION for eachcompleted Unit which the Developer then owns until such time as the Developer sellssuch Unit. -

Section 9. Annual AuditThe books of the Association shall be reviewed once a year by the BOARD, and suchreviewshall be completed prior to each annual meeting. If requested by two (2) membersof the BOARD, such audit shall be made by a Certified Public Accountant. In addition,and at any time requested by the OMlers of at least fifty percent (50%) of the Units,induding the Developer if it be an OMler, the BOARP shall cause an additional reviewor audit to be made at the ASSOCIATION'S expense.

Section 10. Remedies for FailLe to Pay Assesau:lI1ls.If any ONner is in default in the monthly payment of the aforesaid charges orassessments for thirty (30) days, the ASSOCIATION may bring suit to enforce collectionthereof, or to foreclose the lien therefore, as provided in the Declaration, and there shallbe added to the amount due the cost of said suit, together with legal interest, reasonable ()attorney's fees and other costs of collection. To the extent permitted by the Declaration,any decision or any statute or law now or hereafter effective, the amount of any

BY·LAINS.MN' (1/94) Page 16

()

•

)

OR 1732~' 649. delinquent or unpaid charges or assessments, and interest, costs and fees as above

provided shall be and become a lien or charge against the Unit Otvnership of the Otvnerinvolved when payable and may be foreclosed by an action brought in the name of theASSOCIATION as in the case of foreclosure of liens against real estate, as provided inthe Declaration. As provided in the Declaration, the members of the BOARD and theirsuccessors in office, acting on behalf of the other Unit Otvners, shall have the power tobid on the interest so .foreclosed at foreclosure sale, and to acquire and hold, lease,mortgage and convey the same.

Any encumbrancer may from time to time request in writing a written statement from theBOARD setting forth the unpaid common expenses with respect to the Unit covered byhis encumbrance and unless the request shall be complied with within fifteen (15) days,all unpaid common expenses which become due prior to the date of the making of suchrequest shall be subordinate to the lien of such encumbrance. A first mortgagee, uponwritten request, will be entitled to written notification from the BOARD of any default in theperformance by an individual Unit Otvner of any obligation under the Condominiumconstituent documents which is not cured within sixty (60) days. Any encumbrancerholding a lien on a Unit may pay any unpaid common expenses payable with respect tosuch Unit and upon payment such encumbrancer shall have a lien on such Unit for the .amounts paid at the same rank as the lien of the encumbrance so paid.

ARTICLE IX

GENERAL. PROVISIONS

5ection 1. Non-waiver r:i Co.Ienanls.ovenants, restrictions, conditions, obligations or provisions contained in the Declaration

.or these By-Laws shall be deemed to have been abrogated or waived by reason of anyfailure to enforce the same, irrespective of the number of violations or breaches whichmay occur.

5ection 2. - Severabilily.The invalidity of any covenant, restriction, condition, limitation or any other provision ofthese By~Laws, or of any part of the same, shall not impair or affect in any manner thevalidity, enforceability or effect of the rest of these By-Laws.

ARTICLE X

NOTICES AND DEMANDS

Any notice by the BOARD to a Unit Otvner shall be deemed to be given, and any demandupon him shall be deemed by him to have been duly made, if delivered in writing to himpersonally, or if mailed by ordinary mail postage prepaid, at any post office, addressedto him at the Unit owned by such Unit Otvner, and any notice by a Unit Otvner to theBOARD shall be deemed to be duly given and any demand upon the BOARD shall bedeemed to have been duly made, if in writing, and delivered to an officer of the UnitONners' ASSOCIATION.

BY-lAWS.MNf' (1194) Page 17

____. . __..._. ._~ ......w_,, .~, ~ ._._~ ~ ......_,.,_~__.... _ ••_ ... ~,, ~,_~ _

The Definitions contained in the Declarations of Condominium of Hillary PlaceCondominium are hereby incorporated by reference and apply to these By-Laws as if fullyrewritten herein. . .

These By-Laws may be amended from time to time at an Annual or Special Meeting ofthe Unit Owners' Association by an affirmative vote of not less than seventy five percent(75%) of the Unit Owners in terms of each Unit Owner's Percentage of Interest in theCommon Areas and Facilities.

ARllCU:X1

DEFINIT10N

ARllCU:X11

AMENDMENTS

OR1132- 650

tI,.!I'IiII;

III,,il

I~!

(This ins!nJrrent prepared by:SUSAN L HIRSCHAttomey at Law10800 RAVENNA ROADlWNSBURG, OH 44087(216) 425-3500

•

(

BY-IAWS.M'v\P (1/94) Page 18

r ------C;L·'·"i /--,

~.

EXHIBIT "B'~ TO'DECLARATION OF CONDOMINIUMFOR

MARWYCK PLACE CONDOMINIUM, .

..~'- ./%.~.

I['

IUNIIfS AS

(UNITS 43, 44, 45UNITS 47, 48 &

CONSTRUCTED

~ 46 IN BUILDING .. 0" ;49 IN BUILDING "p")

WHITLATCH &

J~//'I#t-L_ I

~€(Sht.J..""........

CO.,: GRANTOR

..-:#42~·......­""""""

""""!"'-.. IUIffIlf L IQlIllc, mr" IllII ".aBDc:llooI~ ...-u.d &MIl -" -

SIII•.1 ~~ IocaIa COnofDnInln 0....~ WII'rtCK P\AC[·CllIIllllIIlMI .......... _-.w,iJIdiaIIIlIlhlloaIIIarIif ... -.........-~=-~~.......~~.~s..:.:..-..~r:=","-W6lgCIDnIIIiM:hd lIlId IHIoaIIon _limlttt.--. .... IIr IluHnp A. II. C. D.. [_fII\lPCISOd""'-notJllIlllllllno:hd.

I 01. C111l1ly ...... III "tI"d"g; IIIIIlW bNM. ·r _sr.ot J -'~ Iocai. WWiog.......... GIOIl IionIt.f __ far 8oIlingo r ....... propewd w. .... )'lIl..........I ...~ ........... IIIIIIItiI bIoM ~" :.. SIIMl4-_~ Iilcat.s buMIng..... aIlOlllnihll __ r. ........ c"H .. ". .. L.Il.lftIPORlIbuIIIIltJIIIIlllllllnlcW.

7f'...........4 J. .#/;' 4.. 7_ .,-.,,,IElfHElH J. I£IIIUK' •lI£GlSIDI[Q SlJIM:nIllIlD. 6QI

SD,'ll" Of 0llI0 )

""'" '" """'lBe!en: III.. lI-HotaIJ NIGc ..... kr..w~ ....~ ;........ ..,...... lIloabowI narnt4 Yl'HlllA1tll • co., br .. lIofIIIIgIIllIWUl Co -.awat. UPmIDOfr••~ IllaI. ... dill .IM Ienplng ilsIMrIuI ..d tid Ibo_ II ....... act OlHI .... IMf'DIl'III1I1ll1.IlIdI'olllctr"

~~:'P.l!j!:.l"., ..... ~mL Irf COWISSI:lN HAS HO EXPIIIA1lllM /lA1[

AUarn., Gl l.n

1115 IlU. CDlIIY IHAT ACOPT or 1tIS EllfIIllIr -r 10 1HE Il£WIWlONOf CONDOlIIWIl OINERSIW' fOR IWlVM:K f'lId: CCIlDDlh'1IllI I\4SIlflH flEI! IN 111 tfflCf If' 'lItE MJllffUf. SUlIIII' COUHTr. ClHID.

""""'" ""'"""""L fllEllLIClMC£R, ~nrtil»'IhIlIho ........d ...r.tl.. ~·r-SbHb ~ ItII'Ilagh Sf~ - c:orndfJ HI IorUI 1M cr of _ ... In8ui1d'oop' .. and P.. ~ PIca~ ... u.., consbud.lI.n.. GOIbJdJ 01 J"dI u.l. ... --.I a WI, .III ~ QIIiRe4 on ltItoG'~.PWi JIl)4 • 1IIlt..,. ... enlh I~ ... u.s. 6mlnsiDu

I'RIllJl. IIlSIR\lIlEHf JlUEIlDlCES:

~~n'

r

~\-'(~( K:~:ERiJ·to ~\ 5281 t;

~.;;-..._.•.-.~

"tli'fO,,,,,~j>...H_·...·

i!

I,,II

I! .

I

e 0 19 e e~

~

- - - -J ~ ~ ~ I,• • • •r; ~ • ;;

; T I I I~U ! ! ~~~

~ii i ""'i!, : ~I »~ Ul

""'i 0::

""'Z-l

I~ II ~I IIis e; n,i~ ..i~ ~j ~ J:

=~ =~ »! ! i! ;h ! ;0

i I i l~~-l

S " . aIii8 ~~

i~ Ii" ~!~• ·~I "~I• I ~ ~

I".. ~~

I iii i- ~

1- !• •

'"~ r::----~l!l ·•~

'!

ii ·~ I

. III! t­o 0 0 tIJ I2

•I

a'~ ...ss

"..

)'

)

,&

I~•i,•

--------_._-------------.'-----------,,--------

D• .,.

7..

3..5i

cC

~ I io 10

Io IIo 12 ,

DAlE

I'I

E::HB I,,!

mrn:0 43 973.290 ••0 •• 973.290 .. 973.29

"'TUft v L ;;':Z1·1Y"IE

P 47 973.30P .. 973.30P •• 973.29

7-Zl· IVmrn:

•iii

M'ARI"m( PlACE CCNKIINUII,"",'JHFJD.D COI'1D1l TCNU.... OHIO

EXHIBIT "s"

... L_r:J. oo

MAR"N .F. " CAROL L SOMMERDEED VOl. 4946. P. 398

PARCEL 1

854.7' TO ell

--._..~--

=fl;;lJ.aiJ·

[)i" LI[~ .. _

- ~ Mbf.lESZAROS SUBDIVISION NO. 1 ~ -4t/W RlCHT-OF'-W"Y

671.26 CABINET J. SUDES 936 AND 937 ~ C: CENTERUNE

'. It PR'oPERTY UN[t;:OMMON AREA . - "! EL EASEMENT LINE

!l U11UTY EASEMENT UN['--..-11-1h_:~_..----=!.---:=--=r-: -- =r-:---::.:::-tr...r= -- I -- t r~JI :::~: TO" SET

':lL I I /,---l.--i--r-----, ---1- ':.::q BUIlDING" UNIT

'"r- '42'" l' I ~I 'Ul.T'I I I f 4 I 40 r L..... ~ING" '-"lITI I' 't' , ,

I~.~ _I~-- ~r:.-~~----t-~-l fOUNDATION ~:.E;;CN ,",A

L - r-LI-__ ]-=-= -=1= BlDG. UNlT+RNlSH flOOR ELEVATION

~_----L.-LA

~

~

.~

~/'

/""

. I rB--· '":1. I ,.1";:': I 17~/ \ \ I :. I '4 I , , , J- _J _; \ \ ,3, " __; ~;.~ / (A; 'I- >/ L ~ I III a I L I 16~I",;.,.". "\"')L J '5' I I I'; , ; < / - -. , , ~ I I

,-..- / '" -- \' ,- -- L~__ , 'rr -, ,./ \ \ ~ /.;\ ..-/ .,' 6 ' " 'I, 15 'J=:

; \ ;Vj , ", ' I ' I

'\; J I , -- -- -- J _

V ..-/ 1-1-=-=1" v'---~: .A" -cT' f~;-l' 7 , ,">' v~ -.... '\J,' :I " .... .;.--_--......

"'\ ~---~ I /~'__' .___ _ \ \ ,---(

"--~~ r- -j-Ci""f. {(:c )lj 1~LI fL--.lLt,· \ ~ -~ ~'13 II 8 I ,L " -- -- , L Jl J , ,I -£,b- - - - """"NO

-- - - -. Iil ......... HE..... STA~.~~ UNE. AN>- Iil ~---~ lfL- -----, ~'A11ONS AS 'HO'". 110NS ASI !~: :--f:-~~-]Jll i--I I 12. II ~~~~!5~~riu1i£' 'i J J f---i--l---__ J (Jf EUEF' 1--- ---t._____ ~. AHD' • .. A SPEa

L- ..J 1--- ..J nlE PREMiSES IS NOT L~~J'~ fUlERAl.L · -L Fl.OOD HAZARD A~::.:'-n~ lJ£PARTMENT rNO.

...LINSURANCE ADMI OE~ENT (PANE-- -- - HOUSING AND.".B~tAlMlT COUNTY. UNINCOR---- ~1001 -

PORMED AREAS). :n:s. INC.

HtIDUk-a.Al!!.~

::\I43"\JtsE»f82.DIIG ....L 2l1. II". 1:21 AN

~ 0""1'- 'C"

'" ~?: ......"'~ ~<;.~~ ..::>;

<>-"'P­"bo'Z-~"b

"'00>'" 0.'1-

IARY MESZAROSloR. 1712, PG. lU

,\~

--'TT'--

III

II!iI

I!I,

I

AS-UUd.TBl/llDINC .. UNIT

UM!lEO COUUON AR£A

PROPOSEDBUIlDING I; UNT

MOOUMENT to BE SET•

l--- I· PROPERTr UNE

EL--- I EASEMENT UNE

~I

'~] II"'~

--tlEL--- I U1IJIY [ASEMENT UN£

FOUNDAliON CHECKSBlDG. UNIT IS' flOOR ELEVA

rr I.

ITr "

sulMibI'i DA'i[

N J9N ...N 41N 42

iiUR\t:TOR .....i,

I. kENNETH J. HE.(lllk STAlE 1H"T BUIlDINGFOUNDAlIONS AS SHOlIN. BY SOUD'lINES ANDmaSHED flRST FUroR EtEYAllONS ASTABln.ATED REPRESEN,T BUR.DlNGS AS ACtuAlLYCONSTRUCTED AND ARE CORRECT TO THE eESTOF' MY PROFESSIONAl. kNO'M.EDCE. INf'ORMAlIONAND 8El1EF.

THE PROIISES IS NOT l.OCATED 1II1THIN A SPECAf\.OOD HAZARD AS IDENl1F1EO PER 1HE FEDERAl.

1~J.s~~~~~~t:~~: NO.39007B1 0015 B -'SUMI.tT"COUNIY.UNlNCOR-PORAlCD AREAS). ..

HE.mUX-COX AND ASSOCIATES, IHC......__oeo-~_-........__MARWYQ( PlACE ~INIUM

NCR1MFID,D Cf:Nltft to-.sfllJ'---lt__~__-,- ,,--__EXHI__B_IT-:n .J~~d

..--....

,.

MARVIN F. II' CAROL L. SOMMERDEED VOL 4946. P. 398

PARca t

MESZARos SUBQf\ltSION NO.1CABINET J. SLIDES 936 ANO·9~7

'"

,-,--"

=t=_-. -'+=---.~=r~ -..- ·=r -" C ..- ='.-'-'-1_

--~--r",~---, ---1-t---r--'---~ I II--I I' I I I 1.1'fi, I 41 I 40 I 'I 39 II II 31

t-d-~~~- ~~-"--~-=:~- Jr - •._-.- tpri.,a.te~ __

- ~fflAllWYCK PL_A_CJil. _J.._AN_j:~ _~ ,.u.' ,_u." .rL-211.ClD ..

I _ - =1- f=a-- I r -- I ." • , -J---li 1'-

: I I I i 17 IF: 18 I I 19

- 1. I ~I I I ---f~..L----i"'--L__J I IL__.! .I I ., I L i 16 1 ~ -L '- -:-l L_

-'r--'r!' I I rr -,.... _--..L, .. ----1.I I I ,I i I I .

-. I -- I I A'l' __ I_~=__ j ~~. ~ 1---1 l

.;- .r: I I.J.--"--::'\o..~;, (-"" I 14· r~ ~n :: I

K( ) :r-~~+- I'- - . I., I"--t-_ __ _ r---J.,

---fL:.::'f-::B ;t_':J II I I' I I II i 10 : 11 I I, 12 'I

-~-t--_~--t-_J""--t-i_---_J I

~

~ •..! A I IlEU LEjl'ittcmpnON!Ill ---flfW--- mcHT-OF'-WAY

C: CENlUIUNE

/S~·

_ ......- ....(

._ ......-....

'VAlljJN

..TIC

"TIC

..TIC

D'"

.""

.""

..'"

AS-BUIlT~.UNIT

UMIlED COMMON AREA

CENtERLINE

I'll<lP£RlY l><E

EASDl£Nl' lINE

U1lUTY £ASEWENT lINE

MONUMENT TO 8£ SET

PROPOSEDBUILDlNQ " UNIT

LEGJ -­--~

RIGHT-oF-....y

•

!t

"~I,..•

I:l:II

EL·

-uEL.

ITEM __-----A/<__

;~

FOUNDATION CHECKSBLDC. _ • I UNIT i FINISH

I. I<ENNEnt oJ. HE.oUK STAlE nu.r BUIlDINGfOUNDAtiONS AS SHOlIN BY SOUD lINES ANDFINISHED FIRST FlOOR ELEVAltONS ASTABUlA1[O REPRESENT BUILDINGS AS AClUAllYCONSlRUCn:O AND ARE CORRECT TO nl[ BESTOF MY PROFESSIONAL KNOIl£DGE.. INFORMATIONAND 8E1JEF.

1HE PREMISES lS NOT LOCATED 'lIl1J.llN ... SPEOAl.FLOOO HAZARD AS IDENllFJED PER 1H( ftOERAl.INSURANCE AOMlNISTRA.1ION DEPARtMENT Of'HOUSINC AND URBAN OE'fUOPMENT (PAN[L NO.3900781 0015 8 - SUMI4'T COUNTY, UNINCORPORAlED AREAS).

~:.g.~ns.~

UARWYaC PlACE CCf,IDOU/NIUUS 3/NCIlmtf'l[lD ~'II:R '-5.... _0 1".30" /4

EXHIBIT "B" .....

c

~c'c

"'~--SURI/liiit

!'!~ H 2.3

~InH .1. 24

In'"",e> ..........~~ I

,.,.-< •

, 2.

o.::l 1 .L 27

0", ...............~O\!!o J "'f 2.

.~: J 2.J JO

~oj J ..L 31.., Zo.

on ...........-..,.. k__k_ I JJ

'"""""l Fjl__l_ 3.

'"""""-. I 37__H_ J.

'"""""

---.J

871.26 TO CORNER

MAR\/IN F. " CAROl l. SOf.IUERDEED VOl.. 4946. P. J98

PARCEL I

L _ L_ ,,_. __.1

854.71 TO ell

MESZAROS SUBOI\IISION NO. 1CABINET J. SUDES 936 ~ 9J7

'-

r--\----------------------./

'--

=- =:J c: -.T -:.. - \ - --:.~C-=. T~-,+-~ _!I I~---, I:I~---, J . r ~---, J..,r-----' I 1--- II 1--- -----1--,..---1 'I I

I I I I II ILl I I I' 39' '38' , 36' '35':" 34 , I' 'II' I ll' ," 't' ,.L -' L__~~ -- L---l-~-----I. -- L J r f----- I 1--=J-L 7-t- -d - I 33 1- MARWYCK ;l.ACE~ ~:-". _._=-~ t"---T,, I- --,,;:,,- - . ,- -~~-~-' ,-.'.; I- <=f--V-H- 1

....~ ... I . .. . 111. I :- --. .-- - '>-' : , _ 'E

==::++-1I~~B~t~~·.~·,.~~.\ t3J:---:.~ I' , -- -- -,~ \ I 32 ,II I J I 'G L. ... • I I'18 I I 19·' I 20: :;--- \ . . I I::I I: ~--t------.L-)l-'-' \ \ I ,--_ - ~L---I I--_..... L ..J' --- . I I ~

I '\ I" 31 I I.J LI " I I fhr" ,- - -L. hI 21 I ~ _..t.,____ : I

' 'J 'I ,....----.lr -_ ~ I. 1

, " • r --- 1 I- I L~~_ :-_ I g i' I: 1.30 I I Ir ~---~ ~.... IJ~---"I I II I a.. - C\) +' I ,' 'y..... ,I II 23, - --" I 29 , II I . J1>/ I I I1'I ,..... ~ '. I I I ,- I I'r--- ~-+---'" J. ~-'-T-r'H If- / 'rJ , : I

W---b" I :(C~ 11 d----t- --l J' I: : r; ~ _,_~ T.r ...l.l ', ----- .) I r I I

r---] , 1--,-c""jl---L1 . ~, 240 '1~;..../ , 28 I :I J ","- I IL L __ ":_J - !~. _.t l J J I- ',,--~]- Y - I

1,---' -- ----- -- -- ~---'I I II. I J I r I I

r -25' '26 ,J' I 27 , - II I I '" I I J IIL---J---1------J---t--... , I II L.. ..... •

ilI I

-------~-';:~.