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HomeMy WebLinkAbout1000-31.-1-5.1 IT _,10791 n30S. ~".,., :; (, s ' ~ ' " o r"----- DECLARATION OF COVENANTS AND RESTRICTIONS '~J FEB 21989 'SEVENTY MARION ASSOCIATES [S-----.--. .___. SOUTHOLD TO ~ PL~!!!~~. \1...__ 1989 by SEVENTY at 1455 Veterans . -. " " - '''.' ~" 1 '~~~-!.ii i '909 This declaration made this 24> day of J AtJL.A~ y fEB I_I MARION ASSOCIATES, a partnership with its principal office located [ Highway, Hauppauge, New York WIT N E SSE T H I ~3i t>cd WHEREAS, SEVENTY MARION ASSOCIATES, a partnership with its principal office located at 1455 V~ter~~s Highway, Hau,nauge, New York, hereinafter referred to , as the "Declarant", is the owner in' fee simple of certain premises in the Town of ' Southold, County of Suffolk and State of New York, known and designated on a certain man entitled, EAST MARION WOODS, a subdivision situate at Orient, Town of Southold, County of Suffolk and State of New York, filed in the office of the Clerk of Suffolk County as Map Number 7045 on the 19th day of January 1982 and bearing Tax Map No. 1000-025.00-04.00-011.003. )15"~ :ccoU x:-c, ~i.'fK ! ---...-! 01 l"-[ T.11!ERElIS. ~"id SEVENTY MARION ASSOCIATES, is improving said premises as a - :.: -, i I nlanned suburban residential community and contemplate the said premises to be ~~:_ __~ conveyed to individual purchasers, and ---=-1 WHEREAS, said SEVENTY MARION ASSOCIATES is desirous of placing certain 'O~ O'irrestrictions unon said premises which shall be binding upon all purchasers and I mortgagees of individual lots, their heirs, executors, administrators and assigns or I other successors in interest, NOW, THEREFORE, SEVENTY MARION ASSOCIATES declares that the aforesaid land is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land in perpetuity. 1. Construction Requirements (a) Type of Building No building shall be erected, altered, placed or permitted to remain other tban detached single family dwellings not to exceed two and one-half (2-1/2) stories in height and having a private garage for not less than two (2) cars. (b) ~ccessory Buildings '10 car!,ort or other accessory building of any kind may be erected except: (1) a detached garage, (2) an accessory building used in conjunction with a swimming pool, (3) a tool shed for the storage of lawn maintenance equipment and other '- --. I Z-:::? \ --.: ! I 1 fl 10 l'c) I, p 10791 PC304. . maintenance equi,ment indi vidual lot. used in conjunction with such (c) Swimming pool Private swimming pools may be constructed on any lot provided they are situated in the rear yard only and provided further that no portion of any such pool or its appurtenances shall "e c!~~,,~ t"an thirty (30) feet to the rear or side lot lines. No above-ground swimming pools shall j,,, erocted o~ maintained on any of said lots. (d) Dwelling Square Footage Requirements No dwelling shall be permitted on any lot unless the ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1500 square feet. If the living area is on more than one floor, the total living area shall not be less than 1800 square feet with a minimum first floor of 1000 square feet. (e) No part of any building and lor structure, exce'Jt 'c'''cover~d steps, stoops, terraces, patios and chimney breasts shall be located upon any lot within seventy (70) feet of the front street line of the lot nor within thirty (30) feet of any side line of the lot, nor within forty (40) feet of the rear line of the lot, except that in the case of a corner lot a building shall be required to comply with the front yard restrictions on one street front only provided, however, that the width of the side yard abutting on the street other than that upon which the lot fronts shall be not less than forty (40) feet. i :1 Ii (t) ~pproval of Construction Plans ~ll plans for the construction of any building andlor structure and the siting and facing upon the plot ",ust to" presented to and approved in writing by SEVENTY HARION ASSOCIATES their successors or assigns, prior to the start of any construction. Such approval, which shall not be unreasonably withheld, shall be based upon the judgment of SEVENTY M~.'UON ASSOC!}.TES as to whether the :oroposed structure will be consistent with, and will not detract from tbe aesthetic character of EAST MARION WOODS community. All exterior construction, painting and grading shall be completed within one (1) year after commence",ent of construction. This approval is in addition to any building permits or other approvals required by the Town of Southold. 2 II 10791 Pt3f6 . (!:') Building Modification il " ! All permitted accessory buildings and additions or other modifications thereto, and any modification of the initial residential building, including any breezeway or other structure connecting an addition to the main dwelling, shall conform in architecture, material and color to such dwelling. Any attached addition to the initial residential dwelling shall not project more than five (5) feet beyond the front wall of the dwelling or structu~e cs o~iginally cpp~oved. 2. Restriction on Division and Use of Lots No lot shall be divided and conveyed as two or more geparate p~~cels. Nor shall more than one single family dwelling house be located on any lot. 3. Residential Use of Lots No lot shall be used except for residential purposes. 4. Signs )110 s!_~n of any 'dnd shall be disnlayed to the public view on any lot except one professional sign of not more than one square foot, without the written consent of SEVENTY MARION ASSOCIATES their successors or assigns. This consent is in addition to any building ~er~its or other approvals required by the Town of Southold. i ,I " " ~~i~~1 5 No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that of dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any corn!!!ercial purposes. In no e'!'2'!1t s~all ~o:e than two (2) such household pets be kept, bred or maintained on any such lot. 6. Trailers, Tents and Shacks No trailer, except a boat trailer as hereinafter provided, or tent, shall be located, erected or used permanently on any lot. 110 trailer, except the boat trailer as hereinaft~~ ~rovi~ed. ~r tent shall be located, erected or used on any lot for a continuous pe~iod exceeding five (5) days, and shall not be placed on any lot so as to be visible when the lot is viewed from the front boundary of such lot. No boat or boat trailer in excess of twenty (20) feet overall length shall be placed on any lot unless in a garage or authorized existing building. No motor home/camper shall be placed on any lot unless in a garage or authorized existing building. 3 II , 10791 PL306e . 7. Annoying Activities No noxious or offensive activity shall be carried upon any lot, nor sh~!l anythinq be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 8. Trash Garbage or rubbish shall not be dumped or allowed to remain on any lot. All garbage to be collected must be contained in closed receptacles, placed inconspicuously outside the c1".'e!1 ing for collection. Trash or rubbish shall not be burned unon the premises. 9. Clotheslines Clotheslines and laundry poles must be located in the rear yard and placed so as not to be visible from the street. 10. Fences Fences, whether fabricated or growing, shall not exceed four (4) feet in height, except fe~ces which enclose a tennis court >rhich shall not exceed twelve (12) feet in height. 11. Tree Planting Each lot owner will plant trees on front of cleared lots outside the bed of the road with 2" minimum caliber. The trees shall be planted twenty (20) feet apart. These plantings are in addition to any other plantings required ~y the ~ow~ of ~o~thold. 12. Com~on Drive and Open Space (a) Open Space Area Subdi vider has set aside, as indicated on the subdivision Tap, an open space area for the use of the owners of lots and their quests and invi tees. Said open space area shall be used exclusively for p'Jr:')oses of passive recreatio:! ~nd no buildings, structures or other improvements shall be constructed thereon. (b) Upkeep of Common Drives Owners of lots, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 16, 17, 18, 19, 22, 23, 24 and 25 that have access to a common drive shall be responsible for their proportionate share of real estate taxes attributable to the common drives and the upkeep and snow removal thereof. 4 ]I 10791PG30" . (c) Upkeep of Open Space~Area Each lot owner shall be responsible for one-twenty-sixth (1/26th) of the real estate taxes attributable to the open space area. All decisions as to the upkeep and maintenance of the open space area, including decisions as to the extent and cost of any repairs thereof, shall be at the exclusive direction of the subdivider or his successors in interest, an association of property owners as hereafter provided. ((I' :"ay~e!':t of Con~rilH.!_t~.on.s by Lot O'\\fners While the subdivider holds title to the open space area, he will pay the taxes and expenses mentioned in Paragraph (c) above, and will submit bills to the individual lot owners for their respective contributions. Such bills will be paid in full to the subdivider by the then present lot owner ~ithin thirty (30) days after said bills have been mailed to such present lot owner. In the event that any such bills are not ,aid by any present l"Jt Clfne~ f such charge shall become a lien against any such lot. (e) HomeOwners Association (i) The words "Homeowners l'~ssociation" or "Association", as used herein, shall refer to an incorporated not:-for-profit organization operating under recorded land aaree~ents throuah v~~_c"h e,H"h }.ot 0W"n~r is alJto!!!atical~_y subject to a cn;:1r'rre for a proportionate share of the expenses of the activities of the organization. (ii) The words "Lot OWner", as used herein, shall refer to the record owner of fee simple title in and to any lot in the subdivision, including the Declarant as to an unsold lot. (iii) Declarant shall assume all resnonsibili ties c~ t~" Homeowners Association until such time as Declarant has conveyed 51% of the lots to the Lot Owners. At such time, Declarants, their successors and assigns, shall, at their own cost and expense, incorporate a Homeowners Association and vit~in sixty (60) days thereafter shall convey title to the Open Space to the Homeowners Association. (i v) Upon the creation of the Homeowners Association, as hereinbefore provided, all responsiblity for operation and maintenance of the Open Space shall lie with the Association. Every Lot Owner shall be deemed a member of the Association, and shall be subject to the by-laws and rules and regulations thereof. 5 -n 10791 P~3~ . . (v). : Vi thin sixty (60) days after the creation of said Homeowners Association, by-laws shall be adopted for the Q'overnment thereof, which said by-laws and any a"'en~",,,,,,ts thereto shall be approved by the Town Board of the Town of Southold. Ii " , !I (d) The by-laws of the !!cmeowners Association shall, in addition to other matters, provide for the following: (A) Each Lot Owner shall be entitled to one (1) vote at any meeting of the ~.ssociation. Ever" tnt n"ner shall be treated for all purposes as a single owner for each lot held, irrespective of whether such owne~s~ip is held jointly, in common, or tenancy by the entiretv. (B) The Association shall be perpetual; it shall purchase insurance, pay taxes, specify an annual homeowner I s fee.. Each and every Lot Owne"" c;''h.,,'' be subject to a proportionate share of the aforementioned expenses of the Association, as well as any and all expenses incurred by the Association for the improvement, maintenance and use of the Open Space. (e) The Association shall have the right to suspend the voting ri~hts of a Lot Owner for his failureto pay when due any and all charges due the Association; and that all such unpaid charges shall become a lien on the property of such Lot Owner in favor of the Association. The Association shall have the right to ~rcceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also bave the right to com",ence action against any Lot Owner for the collection of any unpaid assessment in any court of competent jurisdiction. (D) The Association shall have the riq!Jt to hnrrn'-1 such sums of money as it deems necessary for the mainenance and improvement of the Open Space, and to secure the same by a lien on the Open Space. (f) utility Easement An easement along the road of said map or any other area necessary is hereby s~ecifically rese~~ed ~O~ t~e installation and maintenance of wire and conduits and of all yroper and necessary attachments for the underground service of electric power and telephone service and for the installation and maintenance of any utilities, if any, "...oviC'ed, howe'!er, that said easements shall be under areas designated by municipal or public utilities authorities. 6 i ,I I 'I / ~ I II 10791 ll,J09 13. Invalidation' of anyone of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 14. Enforcement shall be by proceedings at law or in equity brought by S""T':~T"'V !!~'l!O'l ASSOCIATES, their successors and assigns, or by the o~ner of any lot against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both. In addition, the Tn~n 0~ Scut~~!1 ~ay ~=ing a procee~ing to enforce these convenants and restrictions. 15. Yailure by SEVENTY MARION ASSOCIATES, their successors and assigns, or of any owner to enforce all of the pro~isions herein shall in no event be deemed a waiver of the right to do so thereafter. 16. All of the foregoing restrictions are intended to cover only the plots sho~n on the map of EAST !!~'lI0'1 ~OODS and are not e~tended to ?ny otpflr 'Drone!"tv now or to be ol-'n~d lp" <::~"""V "'lI.PT()"T 11 ('~""Tll"'1i"C' STATE OF NEW YORK ss.: County of Suffolk I, JULIETTE A. KINSELLA, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County (said Court being a Court of Record) D? HEREBY CERTIFY that I h~~ompared the annexed cOEY of a..- ~ 7'7 ( :30 ') M-Op--(--c}l...u/ ~ -' .;1, l <U'9 0! 9," 6 O-?-n /'><- ~ ~ /' and that it is a just and true copy of su h onglnal 1 ,./ "-" ~_ and of the whole thereof. I' ~-- IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court this a- day of ~~'fJ: i'~j .i) d VU'.:.~. t...rt.. /\...,-(/v~LAA~ .... .0;,;...;.... .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ..... 1'1:.- Clerk. 12-109:1/B4 Form No. 104 ~'1'-i1'~ ~tary Public " Jfr~N ~i;. r:::;nrnR NOT~\RY Plm~:c. ~l~'~;:l of New York No, ~srl102 \h.:.'ihcL' i~ ~.I;f_fr,::;. Co'~nty if::; Cf'),i'lni;;~'c'lI n::...,.. ~,'.:;~,',r.e'- 2. 19~ 7 .~ . . '0/989 /L-._ '~._---....,,~..,. f CERTIFICATE OF INCORPORATION OF EAST MARION WOODS HOMEOWNERS ASSOCIATION, INC. Under Section 402 of the Not-For-Profit Corporation Law The undersigned, being a natural person and at least eighteen years of age, desiring to form a not-for-profit corporation pursuant to the provisions of the Not-For-Profit Corporation Law of the State of New York, does hereby certify and set forth as follows: (1) The name of the corporation is: EAST MARION WOODS HOMEOWNERS ASSOCIATION, INC. (2) The corporation is a corporation as defined in subparagraph (a) (5) of Section 102; the corporation is a Type A corporation. (3) The purpose or purposes for which this corporation is organized are as follows, to wit: To promote tne heal th, safety and welfare of the residents of East Marion Woods and to own, acquire, operate and maintain openspace areas, commons, streets, footways, structures and personal properties incident thereto. To enforce any and all covenants, restrictions and agreements appl icable to the residents of East Marion Woods. To pay taxes, if any, on the common properties and facilities. To do any other act or thing incidental to or connected with tne foregoing purposes or in advancement thereof, but not for the pecuniary profit or financial gain of its members, directors or officers. Nothing contained in this certificate shall authorize or empower the corporation to perform or engage in any act or practice prohibited by General Business Law, Section 340 or any other antimonopoly statute of the State of New York. (4) The office of the corporation in the State of New York is to be located in the County of Suffolk. (5) The initial directors of the corporation until the first annual . . meeting are as follows: Erwin P. Staller Irving Price 1455 Veterans Highway Hauppauge, New York 11787 1455 Veterans Highway Hauppauge, New York 11787 828 Front Street Greenport, New York 11944 Cary Staller (6) The duration of the corporation is to be perpetual. (7) The Secretary of State is designated as agent of the corporation upon whom process against it may be served. The post office address to whicn the Secretary of State shall mail a copy of any process against the corporation served upon him is: 828 Front Street P.O. Box E Greenport, New York 11944 IN WITNESS WHEREOF, this certificate has been signed this 16th day of February 1989, by the undersigned who affirms that the statements made herein are true under the penalties of perjury. rank Rosa Jr. 283 Washington Avenue Albany, New York 12206 ~ . CERTIFICATE OF INCORPORATION OF EAST MARION WOODS HOMEOWNERS ASSOCIATION, INC. Under Section 402 of the Not-For-Profit Corporation Law Filer: J. Kevin McLaughlin 828 Front Street, P.O. Box 803 Greenport, New York 11944 . ~ NYS DEPARTMENT OF STATE FIL,INC RI::CI::.II"'T INCDRPOR~TION (NOT FOR PROFIT) CORPORATION NAME 1~:AS1' MARIC)N WO[)DS ~tOME()WNEJ~S ASSOCIA1'lON, INC. I DATE FILED OURATION & COUNTY CODE FILM NUMBER CASH NUMBER ():!/'l 7/89 P SUI"!" B),.:1 J /;- ':;.:' 0 " :-;::: 4 ~'::; :5 0 3 .....:) , NUMBER AND KIND OF SHARES LOCATION OF PRINCIPAL OFFICE TYF'C (1 j('B I .1 ADDRESS FOR PROCESS Sib THE cmu,:'. 828 FRONT STREET 1"0 BOX E CRECNPOI,\ T REGISTERED AGENT NY 'j "j ')it4 FEES AND/OR TAX PAID AS FOllOWS: 000/:,0.00 AMOUNT OF CHECK $ c~ a 00 AMOUNT OF MONEY ORDER $ $ DOLLAR FEE TO COUNTY $ $ $ $ AMOUNT OF CASH $ O~>O., ()(-) FILING TAX CERTIFIED COpy 0, .." '.' .,)CEJ{I\~IC;AIE ., NE,:'I'II"" lO..~)\, 11..,.,LL~LtI J.,.I FILER NAME AND ADDRESS J. KCVIN MCLAUGHLIN 828 FRONT STREET PO BOX DO:'. GflELNPOI\T TOTAL PAYMENT $ OO~)()()\~,() ~ ()<:) ~jYi " ).'l4 REFUND OF $ TO FOllOW 380604-003 (8/84) GAIL. S S~IAFFEI{ - Sl,CJ:zEIARY Ol~ b)"A"J"E MINUTES OF ORGANIZATION MEETING OF EAST MARION WOODS HOMEOWNERS ASSOCIATION The undersigned, being the sole incorporator of this corporation, held an organization meeting at the date and place set forth below, at which meeting the following action was taken: It was resolved that a copy of the certificate of incorporation together with the receipt issued by the Department of State showing payment of the statutory organization tax and the date and payment of the fee for filing the original certificate of incorporation be appended to these minutes. By-laws regulating the conduct of the business and affairs of the corpora- t i on, as prepared by counsel for the corporation were adopted and ordered appended hereto. The persons whose names appear below were named as directors. The board of directors was authorized to issue all of the unsubscribed shares of the corporation at such time and in such amounts as determined by the board and to accept in payment money or other property, tangible or intangible, actually received or labor or services actually performed for the corporation or for its benefit or in its formation. The principal office of the Dated at the 71<... day of A.1.Ao..t... 19B'! corporat i on was fi xed at ~~.. ;[,i-t.:t,;/I Sole 'Incorporator The undersi gned accept )!iY1u~ Type Director's Name ~RWIN STALLER /-(5) IL_ ARY ::J'STALLER ., their nomination as "COG LH l Siqnature c:J t?5)/L_ ~c( L} meeting: IRVING L. PRICE, JR. The following are appended to the minutes of this Copy of certificate of incorporation, filed on Receipt of department of state By-laws I Ii" II II . n__' BY-LAWS OF EAST MARION WOODS HOMEOWNERS ASSOCIATION, INC. A New York Not-for-Profit Corporation A~'I'IQI,l!:....t_::J\IAMl!:,_I,gGA'nQN__AN.p_r~JNG!!'A~()J"j,>IGl!: These are the By-Laws of East Marion Woods Homeowners Association, Inc., hereinafter referred to as the "Association". The principal office the the Association shall be in the Town of Southold, County of Suffolk. State of New York. bg'l'IG!-JLlL::J>'l!:~1NJTIQN!> The following words when used in these By-Laws shall. unless the context prohibits. have the meanings set forth below: II Homeowners (a) "Association" shall mean and refer to East Marion Woods Association. Inc., a New York Not-for-Profit Corporation. (b) "Developer" shall mean and refer to Seventy Marion Associates a partnership and its successors and assigns if such successors and assigns should acquire an undeveloped or developed but unsold portion of The Properties from the Developer for the purpose of development. (c) "Declaration" shall mean and refer to the Declaration of Covenants and Restrictions. applicable to The Properties and amendments thereto, if any, in the Office of the Clerk of the County of Suffolk, New York. (d) "The Properties" shall mean and refer to all those areas of land described in and subject to the Declaration. and as shown on the subdivision map of East Marion Woods. (e) "Lot" shall mean and refer to any plot of land intended and subdivided for residential uses shown on the subdivision map of The Properties but shall not include the Open Space Areas as herein defined. (f) "Member" shall mean and refer to each holder of a membership interest in the Association. as such interest is set forth in Article VI. . . (g) "Home" shall mean and refer to all units of residential housing situate upon lots located on The Properties. (h) "Owner" shall mean and refer to the record owner of fee simple title to any lot, including the Developer with respect to an unsoid lot. Every lot Owner shall be treated for all purposes as s singie owner for each lot heid, Irrespective of whether such ownership is joint, in common or tenancy by the entlrety. Where such ownership is joint, in common or tenancy by the entirety, majority vote of such owners shall be necessary to cast any vote to which such owners are entitled. (1) "Open Space Areas" shall mean and refer to certain areas of land other than individual lots as shown on the filed subdivision map and intended to undeveloped open space for the use and enjoyment of the owners of The Properties. Ul "Development" shall mean Map of East Marlon Woods, a 26 lot subdivision located along Rocky Point Road, East Marlon, New York. A.!!n~LIj:Jl!._-=-J>..lmPQ[1j: This Association is formed to own, operate and maintain the Open Space Areas for the benefit of the Members of the Association and to otherwise act according to the provisions of the Declaration. ARTiQ.LEUV ._:::._~1'1'iAGAJ:li1.I.TY All present and future Members shall be subject to these By-Laws and to the rules and regulations issued by the Association to govern the conduct of Its Members. ART'!P"'-Ij:.Y_:.._!!.sF;_9f_J"~Ql1!TIIj:S The Open Space Areas shall be limited to the use of the Members or their famllles residing in their household, and the Members' guests. In the event that a Member shall lease or permit another to occupy his Home, however, the lessee or occupant shall at the option of the Member. be permitted to enjoy the use of the Open Space Areas in lieu of and subject to the same restrictions and limitations as said Member. However, both the Member and the lessee may not use the Open Space Areas at the same time. ARTIQ1.F!m.Y.L::J\!I);M]F;,Rs.!:IIP _ANJLY.9.IIl'iG.,RiG.!:IIs Section I. Membership. The Association shall have one class of membership interest as follows: The Owner of each Lot on The Properties shall be a Member whether such ownership is joint, in common or tenancy by the entirety. Each Member is entitled to . . one vote for each Lot in which they hold a membership interest. When more than one person or entity holds such interest in any Lot, the one vote attributable to such Lot shall be exercised as such persons mutually determine but with the exception of cumulative voting employed in the election of Directors, not more than one vote may be cast with respect to any such Lot. No Member shall split or divide its votes on any motion, resolution or ballot other than in the cumulative voting procedure employed in the election of Directors. A~Tlg"'.~Y!L.::.._Q.UQB.1!!d_L.P.~O~IJ;;~AN!LW.AIY~~~ Section 1. Quorum. So many Members as shall represent at least 51% of the total authorized votes of all Members present in person or represented by written proxy shall be requisite to and shall constitute a quorum at all meetings of the Association for the transaction of business, except as otherwise provided by Statute, by the Declaration, the Certificate of Incorporation of the Association or by these By-Laws. If, however, such quorum shall not be present or represented at any meeting of the Association, the Members entitled to vote thereat, present In person or represented by written proxy, shall have the power to adjourn the meeting. At least five days' written notice of such adjourned meeting shall be given to all Members. At such adjourned meeting any business may be transacted which might have been transacted at the meeting originally called. At such adjourned meeting, so many members as shall represent at least 33-1/3 of the total authorized votes of all Members shall constitute a quorum. Section 2. Vote Required to Transact Business. When a quorum is present at any meeting, the vote of a majority of the Members present in person or represented by written proxy shall decide any question brought before such meeting and such vote shall be binding upon all Members, unless the question is on upon which by express provision of the Statute, Declaration, Certificate of Incorporation or of these By-Laws, a different vote is required, in which case such express provisions shall govern and control the decision of such questions. Section 3. Right to Vote. Members shall be entitled to vote either in person or by proxy at any meeting of the Association. Any such proxy shall only be valid for such meeting or subsequent adjourned meetings thereof. Section 4. Proxies. All proxies shall be in writing and shall be filed with the Secretary prior to the meeting at which the same are to be used. A notation of such proxies shall be made in the minutes of the meeting. Section 5. Waiver and Consent. Wherever the vote of the membership at a meeting is required or permitted by Statute or by any provision of the Declaration, Certificate of Incorporation or of these By-Laws to be taken In connection with any action of the Association, the meeting and vote of the memberShip may be dIspensed with if all Members who would have been entitled to vote upon the action if such meeting were held, shall consent in writing to such action being taken. . . Section 6. Place of Meeting. Meetings shall be held at any suitable place convenient to the Members as may be designated by the Board of Directors and designated in the notices of such meetings. Section 7. Annual Meetings. The annual meeting of the membership of the Association shall be held on such date as is fixed by the Board of Directors. At such meetings there shall be elected by ballot of the membership a Board of Directors In accordance with the requirements of Article VIII of these By-Laws. The Members may also transact such other business as may properly come before the meeting. Section 8. Special Meetings. It shall be the duty of the President to call a special meeting of the Association, if so directed by the Board of Directors, or upon the presentation to the Secretary of a petition signed by a majority of the Members. Section 9. Notice of Meetings. It shall be the duty of the Secretary to mail a notice of each annual or special meeting, stating the purpose thereof as well as the time and place where it is to be held. to each Member at least ten, but not more than thirty, days prior to such meeting. The mailing of a notice in the manner provided In these By-Laws shall be considered notice served. Section 10. Order of Business. The order of business at all meetings shall be as follows: (a) Roll Call (b) Proof of notice of meeting or waiver of notice (c) Reading of minutes of preceding meeting (d) Report of officers (e) Report of committees (f) Appointment of inspectors of election (in the event there Is an election) (g) Election of Directors (in the event there is an election) (h) Unfinished business (l) New business .6RT!GJ&.._YUL:-....llQ6BJ'--Ol"..R.1KE:.G.T.QR.~ Section 1. Number and Term. The number of Directors which shall constitute the whole Board shall not be less than three nor more than five. An initial Board consisting of three Directors shall be designated by the Developer to serve until the meeting and at all subsequent annual meetings, the Members shall vote for and elect five Directors to serve to one-year terms and untll their successor have been duly'.elected and qualified. All Directors, other than those the Developer shall have the right to designate, must be either Members of the Association or Immediate family members residing in the Member's home. Each Director shall be at least nineteen years of age. L. . . Section 2. Cumulative Voting and Right of Developer to Designate Certain Board Members. In an election of Directors, each Member shall be entitled to as many votes as shall equal the number of Directors to be elected and a Member may cast all of such votes for a single Director or may distribute them among two or more Directors as he sees fit. Notwithstanding the foregoing. the Developer shall have the right to designate three DIrectors until the second anniversary date of the recording of the Declaration or untJl 51 % of the Lots in the Development are sold, whichever is sooner. Thereafter, the Developer shall have the right to designate one Director for so long as it holds at least one membership. The Developer may not cast its votes to elect any Directors in addition to the designated DIrectors set forth above. Section 3. Vacancy and Replacement. If the office of any Director becomes vacant by reasons of death, resignation, retirement, disqualification, removal from office or otherwise majority of the remaining Directors though less than a quorum. a special meeting of Directors duly called for this purpose, shall choose a successor, who shall hold office for the unexpired term in respect of which such vacancy occurred and until his successor is duly elected and qualified. In the event a Director appointed by Developer resigns, the Developer shall have the right to appoint another Director in his place. Section 4. Removal. Directors may be removed for cause by an affirmative vote of a majority of the Members. No Director, other than a designee of the Sponsor, shall continue to serve on the Board If, during his term of office, he shall cease to be a Member. Section 5. Powers. (a) The property and business of the Association shall be managed by its Board of Directors, which may exercise all such powers of the Association and do all such lawful acts and things as are not by Statute, Declaration, Certificate of Incorporation or by these By-Laws. directed or required to be exercised or done by the members or Owners personally. These powers shall specifically include, but not be llmited to. the following items: I. To determine and levy assessments provided for in the Declaration. The Board of Directors may increase the monthly assessments or vote a special assessment in excess of that amount, if required, to meet any additional necessary expenses. 2. To collect, use and expend the assessments. 3. To maintain the open space area, as designated on the subdivisIon map of East Marion Woods. " I' . . 4. To open bank accounts and borrow money on behalf of the Association and to designate the signatories to such bank accounts. 5. To collect delinquent assessments by suit or otherwise, to abate nuisances and to enjoin or seek damages from Members for violations of the house rules or rules and reguiations herein referred to. 6. To make reasonable rules and reguiations and to amend same from time to time. Such rules and regulations and amendments thereto shall be binding upon the Members when the Board has approved them in writing and delivered a copy of such rules and all amendments to each Member. Such rules and regulations may, without limiting the foregoing, include reasonable limitations on the use of the Open Space Area by guests of the Members as well as reasonable admission and other fees for such use. 7. To employ workmen, contractors and supervisory personnel, and to purchase supplies and equipment, to enter into contracts to provide maintenance and other services and generally to have the power of Directors in connection with the matters hereinabove set forth. 8. To bring and defend actions by or against one or more Members and pertinent to the operation of the Association and to assess special assessments to pay the cost of such litigation. 9. To hire a Managing Agent to perform and exercise the powers of the Board of Directors in the management of the Deveiopment. (b) The Board of Directors may, by resolution or resolutions, passed by a majority of the whole Board, deSignate one or more committees, each of such committees to consist of at least three Members, one of whom shall be a Director, which to the extent prOVided said resolution or resolutions, shall have management of the business and affairs of the Association and may have power to sign all papers which shall speCifically so provide. Such committee or committees shall have such name or names as may be determined from time to time by resolution adopted by the Board of Directors. Committees established by . resolution of the Board of Directors shall keep regular minutes of their proceedings and shall report the same to the Board as rnquired. Section 6. Compensation. Directors and officers, as such, shall receive no compensation for their services. . . Section 7. Meetings. (a) The first meeting of each Board newly elected by the Members shall be held immediately upon adjournment of the meeting at which they were elected, provided a quorum shall then be present, or as soon thereafter as may be practicable. The annual meeting of the Board of Directors shall be held at the same place as the annual meeting of Association Members and immediately after the adjournment of same, at whIch time the dates, places and times of regularly scheduled meetings of the Board shall be set. (b) Regularly scheduled meetings of the Board may be held without special notice. (c) Special meetings of the Board may be called by the President on two days' notice to each Director either personally or by mail or telegram. Special meetings shall be called by the President or Secretary in a like manner and on like notice on the written request of at least two Directors. (d) At all meetings of the Board, a majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business, and an act of a two-thirds majority of the Directors present at any meeting at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise specifically provided by Statute or by the Declaration or by these By-Laws. If a quorum shall not be present at any meeting of Directors, the Directors present thereat may adjourn the meeting from time to time, without notice other than announcement at the meeting until a quorum shall be present. (e) Before or at any meeting of the Board of Directors, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meetIng of the Board shall be a waiver of notice by him of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. Section 8. Annual Statement. The Board of Directors shall furnish to all Members and shall present annually (at the annual meeting) and when called for by a vote of the Members at any special meeting of the Members, a full and clear statement of the business conditions and affairs of the Association, including a balance sheet and profit and loss statement verified by an independent public account and a statement regarding any taxable income attributable to the Members and a notice of the holding or'the annual meeting of Association members. Section 9. Fidelity Bonds. The Board of Directors shall require that all officers and employees of the Association handling or responsible for Association funds . . shall furnish adequate fidelity bonds. The premiums of such bonds shall be an expense of the Association. !\g'nG.h~L!x.:.::.._QE[.lG.~B~ Section 1. Elective Officers. The officers of the Association shall be chosen by the Board of Directors and shall be a President, a Vice President, a Secretary and a Treasurer. The Board of Directors may also choose one or more Assistant Secretaries and Assistant Treasurers and such other officers as in their judgment may be necessary. All officers must be either members of the Board of Directors, Members of the Association , or lessees or occupants entitied to the use of The Properties in lieu of the Member renting or permitting them to occupy the Home in which they reside. Two or more offices may not be held by the same person. Section 2. Election. The Board of Directors, at its first meeting after each annual meeting of the Association Members, shall elect a President, a Vice President, a Secretary and a Treasurer. Only the President must be a member of the Board. Section 3. Appointive Officers. The Board may appoint such other officers and agents as it shall deem necessary who shall hold their offIces for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. Section 4. Term. The officers shall hold office for a period of one year or until their successors are chosen and qualify in their stead. An officer elected or appointed by the Board of Directors may be removed with or without cause, at any time, by the affirmative vote of a majority of the Board of Directors present at such meeting, provided prior notice was given to all Board members that this item was on the agenda for such meeting. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. Section 5. The President. The President shall be the chief executive officer of the Association; he shall preside at all meetings of the Association Members and the Board of Directors, shall be an ex-officio member of all standing committees, shall have general and active management of the business of the Association, shall see that all orders and resolutions of the Board are carried into effect and shall have such other powers and duties as are usually vested in the office of the President of a corporation organized under the Not-for-Profit Corporation Law of the State of New York. Section 6. The Vice President. The Vice President shall take the place of the president and perform his duties whenever the President shall be absent or unable to act and shall have such other powers and duties as are usually vested in the office of Vice President of a corporation organized under the Not-for-Profit Corporation Law of the State of New York. . . Section 7. The Secretary. The Secretary and/or Assistant Secretary shall attend all sessions of the Board and all meetings of Association Members and record all votes and the minutes of all proceedings in a book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all meetings of Association Members and special meetings of the Board of Directors, and shall perform such other duties as may be prescribed by the Board of Directors or by the President, under whose supervision he shall be. Section 8. The Treasurer. The Treasurer shall have the custody of the Association funds and securities and shall keep full and accurate chronological accounts of receipts and disbursements in books belonging to the Association including the vouchers for such disbursements, and shall deposit all monies, and other valuable effects in the name and to the credit of the Assoctation in such depositories as may be designated by the Board of Directors. These duties may also be exercised by the Managing Agent, if any. However, such Managing Agent shall not replace the Treasurer. He shall disburse the funds of the Association as he may be ordered by the Board, making proper vouchers for such disbursements and shall render to the President and Directors, at the regular meeting of the Board or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition of the Association. He shall keep detailed financial records and books of account of the Association, including a separate account for each Member, which among other things, shall contain the amount of each assessment, the date when due, the amount paid thereon and the balance remaining unpaid. Section 9. Agreements, etc. executed by the President or such other Directors. All agreements and other instruments shall be person as may be designated by the Board of .A~TJ~b~__!:C_:::__NQJ:I~~s Section 1. Definitions. Whenever under the provisions of the Declaration or of these By-Laws, notice is required to be given to the Board of Directors or to any Director or Association Member, it shall not be construed to mean personal notice; but such notice may be given in writing, by mail, by depositing the same in a post office or letter box in a postpaid sealed wrapper addressed to the Board of Directors, such Director, or Member, such address as appears on the books of the Association. Section 2. Service of Notice - Waiver. Whenever any notice is required to be -given under the provisions of the Declaration, or of these By-Laws, a waiver thereof, in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the equivalent thereof. . . A!tT.lg.LE.__~L.::-_.__AM~N..QM~n.T.~ These By-Laws may be aitered, amended or added to at any duly called meeting of Association Members provided: (I) that the notice of the meeting shall contain a full statement of the proposed amendment, and (2) that the amendment shall be approved by vote of at least sixty-six and two thirds percent (66-2/3%) of the Members. No amendment, however, shall affect or impair the validity or priority of the Members' interests and the interests of holders of a mortgage encumbering a Member's Lot. Nor shall any amendment have the effect of infringing upon the Developer's right to make membership in or use of the Association available to purchasers or lessees of the Lots on The Properties. AR.TIg~~_~II__~.~_~_I;..IeING_L._I"~_A..!;INiLAmLGlfJ:_!;_.Q!"_J,,QT~ Section 1. Selling and Leasing Lots. Any Lot may be conveyed or leased by a Member free of any restrictions except that no Member shall convey, mortgage, pledge, hypothecate, sell or lease his Lot unless and until all unpaid Association expenses assessed against the Lot shall have been paid as directed by the Board of Directors. Such unpaid Association expenses, however, may be paid out of the proceeds from the sale of a Lot, or by the Grantee. Any sale or lease of a Lot in violation of this section shall be voidable at the election of the Board of Directors. Upon the written request of a Member of his mortgagee, the Board or its designee shall furnish a written statement of the unpaid charges due from such Member which shall be conclusive evidence of the payment of amounts assessed prior to the date of the statement. A reasonable charge may be made by the Board for the issuance of such statements. The prOVISIOns of this section shall not apply to the acquisition of a lot by a mortgagee who shall acquire title to such Lot by foreclosure or by deed in lieu of foreclosure. In such event the unpaid assessments against the Lot which were assessed and became due prior to the acquisition of title to such Lot by such mortgagee shall be deemed waived by the Association and shall be charged to all other members of the Association as a common expense. Such provisions shall, however, apply to any assessment which are assessed and become due after the acquisition of title to such Lot by the mortgagee and to any purchaser from such mortgagee. Whenever the term "Lot" is referred to in this section, it shall include the Lot, the Member's interest in the Association and the Member's interest in any Lots acquired by the Association. Section 2. Gifts, etc. Any Member may conveyor transfer his Lot by gift during his Ilfetime or devise his Lot by wlll or pass the same by intestacy without restriction. . . .AgJ'IQj.E _J~.UL___=__Q!':NIj:J.LA.l,,___I'B.QYJ~.rQN~ Section 1. Fiscal Year. The fiscal year of the Association shall be fixed by resolution of the Board of Directors. Section 2. Seal. The Association seal shall have inscribed thereon the name of the Association and the year of its incorporation under the laws of the State of New York. The seal may be used by causing it or a facsimile thereof to be impressed or affixed or in any manner reproduced. Section 3. Examination of Books and Records. Each Member, or their respective representatives and first mortgagees, shall be entitled to a reasonable examination of the books and records of the Association at any time upon reasonable notice to its Board of Directors. The Declaration, Certificate of Incorporation and the By-Laws of the Association shall be available for inspection by any Member or first mortgagee at the principal office of the Association. Section 4. Construction. Whenever the masculine singular form of the pronoun is used in these By-Laws. it shall be construed to mean the masculine, feminine or neuter. singular or plural, whenever the context so required. In the case of any conflict between the Certificate of Incorporation and these By-Laws. the Certificate shall control; and in the case of any conflict between the Declaration and these By-Laws. the Declaration shall control. Section 5. Severability. Should any of the covenants. terms or prOVISIons herein imposed by or become unenforceable at law or in equity, the remaining provisions of these By-Laws shall, nevertheless, be and remain in full force and effect. THE UNDERSIGNED Directors hereby certify that they have adopted the foregoing By-Laws as the first By-Laws of the Association, in accordance with the requirements of the Not-For-Profit Corporation Law. Dated: March t/L , 1989 u/kL ERWIN P. ST ALLER ~cCP!C I~~g~, J~~ ~ ., II CA2 .8. T.U. Form 8001 Rltllin Ind S.~d. with Covenanr Ilainn Gunto,'. Acu-Individual 01 CA.on, 'A"T YOUR LAWYER .UORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD .E USED .Y LAWYERS ON.Y. THIS INDENI'URE, made the BETWEEN 14{. day of March , nineteen hundred and Eighty-nine SEVENTY MARION ASSOCIATES, a New York partnership with its principal office located at 1455 Veterans Memorial Highway, Hauppauge, New York ,..,.,.... "....-.", 686101 party of the first part, and EAST MARION WOODS HOMEOWNERS ASSOCIATION INC., a not-for-profit domestic corporation with an office at (No #) Rocky Point Road, East Kario~, New York STRIC 00 CTION 5.00 party of the second part, wrrNESSETH, that the party of the first part, in consideration of OCK .00 TEN and no/l00ths ($10.00) ---------------------------- dollars, lawful money of the United States, paid T J5.00 by the party of the serondpart, does hereby grant and release unto the -party of the second part, the heirs or successors and assigns of the party of the second part forever, AlL that certain plot, piece or parcel of land, with the buildings aud improvements thereon erected, situate, lying and being in the Beginning at a point on the westerly line of Rocky Point Road at the southeasterly corner of land of Rosenberg and being the northeasterly corner of the premises herein described; RUNNING THENCE the following 19 courses: 1) along the westerly line of Rocky Point Road, South 8 degrees 59 minutes 50 seconds East, 145.0 feet; thence 2l South 76 degrees 54 minutes 10 seconds West, 3) South 13 degrees 05 minutes 50 seconds East, 4) North 76 degrees 54 minutes 10 seconds East, westerly line of Rocky Point Road, thence 5) along said Rocky Point Road, South 8 degrees 59 minutes 50 seconds East, 258.21 feet; thence 6) South 76 degrees 54 minutes 10 seconds 7) South 13 degrees 05 minutes 50 seconds 8) North 76 degrees 54 minutes 10 seconds westerly line of Rocky Point Road, thence 9) along said Rocky Point Road, South 8 degrees 30 minutes 00 seconds East, 362.20 feet; thence 10) South 76 degrees 54 minutes 10 seconds 11) South l3 degrees 05 minutes 50 seconds 12) North 76 degrees 54 minutes 10 seconds westerly line of Rocky Point Road, thence 13) along said Rocky Point Road"South 8 degrees 30 minutes 00 seconds East, 362.19 feet; thence 14) South 76 degrees 54 minutes 10 seconds West, 476.63 feet; thence 15) South 13 degrees 05 minutes 50 seconds East, 620.50 feet to land of Sepenoski; chence 16) along said. laRd of Sepenoski, South 76 degrees 54 minutes 10 seconds West, i62.69 feet to'land of Lacy; thence 17) along said land of Lacy, North 13 degrees 05 minutes 50 seconds West, 3396.81 feet thence 18) continuing along land of Lacy North 13 degrees 23 minutes 50 seconds West, 153.50 feet to land of Rosenberg; thence 19) along said land of Rosenberg, North 75 degrees 38 minutes 40 seconds East, 867.40 feet to the point of beginning. 633.62 feet; thence 608.44 feet; thence 590.0 feet to the West, East, East, 487.67 feet; thence 608.13 feet; thence 440.0 feet to the West., East, East, 488.88 feet; thence 608.04 feet; thence 440.0 feet to the Ii ; . . - TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. _AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. ~ IN ::~NDN i'EL ,c_""~,~~~_ HATE Of NEW YOlK. COUNTY O' IS: STATE O' NIW YOlK. COUNTY 01" II: On the day of personally came 19 , before me On the day of personally came 19 , before me to me known to be the individual executed the foregoing instrument, executed the same. described in and who and acknowledged that to me known to be the individual executed the foregoing instrument, executed the same. deseribed in and who and acknowledged that STATE OF NEW YORK:COUNTY OF SUFFOLK On this ~ day of March, 1989, before me personally came Erwin P. Staller, to me known and known to me to be the person who executed the above instrument, who being duly sworn by me did for himself depose and say that he is a partner of the firm of Seventy Marion Associates, consisting of himself and others, and that he executed the foregoing instrument in the firm name of Seventy Marion Associates and that he had authority to sign same, and he did duly acknowlege that he executed the same as the act and deed of said firm of Seventy Marion Associates, for the uses and purposes mentioned herein. :J<-----.-r'- )1\ ~.! '-c-',---,,---...J~'_"" Notary Public ;} Cl)ll1t1'I'_-.I('!' :ew York : '.:- _ -":~ --' '':HJ l:">';:;~li!~:~.' CQ:Jnly Iff! >'.lJII.'~ .'L~"mh~1 ':.. lq '~'7 ilttrgnin nnll t;ttlr llIrrll \V! I!J CovrNANT AGAINST GRANiOI('S Act s TITLE No. SEVENTY MARION ASSOCIATES SECTION BLOCK LOT COUNTY OR TOWN TO EAST MARION WOODS HOMEOWNERS ASSOCIATION, INC. Recorded At Request or First American Title Insurance Company of New York RETURN BY MAIL TO: [' I ! nAND.UO ~lM Of NEW '(OlK 10A,0 Of TitlE UNOUWIITUS fliJt,.inlllrd /-;, i , , II Firsl AlI/l'l'irall Titll' fllSllralll'1' ClllllpanJl of Nell' York ~ J. Kevin McLaughlin, 828 Front Street PO Box 803 Greenport, New York Esq. 11944 Zip No. r;. u: (; " z " .. o ~ .. ~ o w ~ ::> .. o ~ w V .. .. ~ ~ x ... w > .. w ~ w ..