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DECLARATION OF CONDOMINIUM
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DECLARATION
ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP
OF PREMISES LOCATED AT THE
TOWN OF FISHKILL, DUTCHESS COUNTY
8 STATE OF NEW YORK,
PURSUANT TO ARTICLE 9-B OF THE REAL PROPERTY
LAW OF THE STATE OF NEW YORK.
9
NAME: VAN WYCK MEADOWS CONDOMINIUM
e
SPONSOR: TOLL VAN WYCK, LLC
3103 PhiImont Avenue
Huntingdon Valley, Pennsylvania 19006
DATE OF DECLARATION:
CERTILMAN BALIN ADLER & HYMAN, LLP.
The Financial Center at Mitchel Field
Attomeys for the Sponsor
90 Merrick Avenue
East Meadow, NY 11554
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TABLE OF CONTENTS
Page
ARTICLE FIRST: Submission of Property.............................................. 1
ARTICLE SECOND: Description of Property................ .................. 1
ARTICLE THIRD: Definitions.................................. ................... 1
ARTICLE FOURTH: Community................. .......... 2
ARTICLE FIFTH: Common Elements..................................................... 3
ARTICLE 81XTH: Essements.................................................. 4
ARTICLE SEVENTH: Service of Process.......... ................ 5
ARTICLE EIGHTH: Common IntereC ... . 5
ARTICLE NINTH: Administraton . .......... 5
ARTICLE TENTH: Amêñdment and WithdrawaL _. 5
ARTICLE ELEVENTH: Subject to Declaration, By-Laws, etc. ....................... 7
ARTICLE TWELFTH: Common Charges .................... ........... 7
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ARTICLE THIRTEENTH: Homes Acquired by the Board......... . . 8
ARTICLE FOURTEENTH: Encroactimsats......................................... 8
ARTICLE FIFTEENTH: Home Ownership ................................................. 8
ARTICLE SIXTEENTH: Conveyance of a Home.............................................. 8
ARTICLE SEVENTEENTH: Covenants and Restrictións...................... ... 9
ARTICLE EIGHTEENTH: Invalidity...............,............... ...... 11
SCHEDULE A Description of Property........ .....
SCHEDULE B Home Type, PeiUentage of Common !nterest, etc.....
SCHEDULE C irrevecably Restricted Yard Areas ...........:.......
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PLAN OF CONDOMINIUM HOME OWNERSHIP
DECLARATION OF
VAN WYCK MEADOWS CONDOMIN1UM
PURSUANT TO ARTICLE 9-B OF THE REAL
PROPERTY LAW OF THE STATE OF NEW YORK
In the Town of FishkDI, Dutchess County and State of New York on this day
of , 20 , Toli Van Wyck, LLC organized and existing under the laws of the
4,. State of New York, whose principal office is situated in the State Penasylvañia, hereinafter
"Owner"
referred to as the represented in this Declaration by , who is fully
empewsred and qualified to execute this Declaration on behalf of the Limited Partnership
does hereby state:
FIRST: Submission of By. this Declaration
Property. the Owner submits the
property described in this Declaration,
iñcludiñg the land and the Buildings and all other
improvementserected and tobe erectedthersõñ, alleasements, rights and appurtenances
belonging thereto and all other property, real, personal or mixed, .intended for use in
cóññâcticñ therewith, to the provisions of Article 9-B of the RealÞraperty Law of the State
of New York.
SECOND: Description of Property. The Owner owns all that certain plot, piece
or parcelof land, with the buildings and irñprovernants thereon erected, situate, lying and
being in Town of Fishkill, Dutchess County, State of New York, and more particularly
0 bounded and described on Schedule A aññaxed hereto and made a part hereto.
THIRD: Definitions.
"Homeowner."
(a) The Owner of each Home is hereinafter referred to as the
Every Homeewñêr shall be treated for all purposes as a single owner, irrespective of
whethsr such ownership is·joint, in common or tenancy by the entirety. Where such
ownership is joint, in common or tenancy by the entirety, majority vote of such owners shall
be necessary to cast the Homeowner's vote referred to in Article EIGHTH of this
Declaration.
"Home"
(b) A as hereinafter referred to shall be defined as follows: Each Home
is measured horizontally from the exterior surface of the sheetrock of all opposite walls to
the exterior surface of the sheetrock of all opposite walls and vertically from the lower
surface of the concrete slab or sub-floor forming the floor of the Home up to the exterior
, surface of the sheetrock or other material forrñing the ceiling of the Home. in the case of
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Homes located solely on the second
story, the animace to such Home is part of the Home.
Doors, windows, interior walls, fire places and garages which abut a Home are part of the
Home. The Description of Homes set forth hereirr pertains to the location of the walls,
floors and roof of the Homes as they are finally set forth in the building plans to be filed
9 simultaneously with the recording of this Declaration.
"Owner" "Sponsor"
(c) or shall mean and refer to Toll Van Wyck, LLC and its
successors and assigns.
"Büildiñg"
(d) A as hereinafter referred to shall be defined as a number of Homes
all of which are constructed under a coñtiaüous roof.
Wall" a wall
(e) "Party as herefnaMer referred to shall be defined as which is
common to and separates two Homes.
"Condominium"
(f) as hereinafter referrest to shall mean Van Wyck Meadows
Condominium which is composed of the'Hümeokiners.
"Home" "Homeowner"
(g) The term and hs used herein shall be constñied fo
mean Unit and Unit Owner as defined in Section 339-e of Article 9-B of the ReaI Property
Law of the State of New York.
R
"Association"
.(h) as hereinafter used shalf mean Van Wyck at Merritt Park c
Homeowners Association, Inc., a not-for-profit corporation organized to perform certain
mainte½éñce. operatio.nal,. and repair services for the benefit of Homeownehii in the
Comb ^y"m and tertain adjacent parcels Van Wyck at Merritt Park.
comprising
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FOURTH: Community. The Owner is constmcMng on the parcel of land described
above a Condominium Home Community known as Van Wyck Meadows Condominium,
according to the plans filed simultaneously with the recording of this Declarâticñ In the
Office of the Clerk of Dutchess County, which Plans set forth a descriptió½ of the buildings
stating the number of stories and number of Homes.
Tlie Community will consist of 3·I8 Homes to be lócated in fifty-six (56) buildings as
set forth on the Plot Plan filed simultaneously herewith. The Homes are constructéd of
concrete foundations, wóod studs and asphalt shingle roofs, Each of the Homes has
access to a ptiblic street by means of a walk, driveway or rdadway. For the purposes of
describing the location of the buildings, approximate area, type and number of rooms of
each Home and the Common Elements to which each Home has immediats access, each
Home is described on Schedule B áññezed hereto. Each Home will be sold to one or more
Owners, iéfach Owner obtaining fee owitership in, and exelusive right óf occupancy añd
possession of the Home,1togetlier with an undivided inferest in the Commoñ Eleiitents of
the Comnitinity, as listed hereihafter in this Dee!aration, and referred to as the "C~6mrnon
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Eismsrits", all of the above in accordance with Article 9-B of the Real Property Law of the
State of New York. The designation of the number of rooms, interior partitions and kitchen
and bathroom facilities may be changed by mutual consent of the Owner and the
Homeowner at the time of construction of the Home.
9 The aforesaid Commüñity has a total plot area of approximately 80.706 acres.
FIFTH: Common Elements. The Common Elements of the Commüñity will consist
of all of the Community, except the Homes, including, but without lim!tation, outsids walls
and roofs of the Buildings, the land, buildings and improvements (other than the Homes)
comprising the Commüñity (including the land under the Homes and under the
improvements), all utility or other pipes and material located outside of the Homes.
IRREVOCABLY RESTRICTED AREAS
Certain portions of the Common Eismsats are irrevocably restricted in use to
. specified Homêownsrs, subject to the right of the Board of Menegers to enter upon any
restricted area for maintenance,repair or improvement of a Home or common element and
subject to the rules of the Board of Managers (see By-Laws, Article Vill). Any portion of
the Common E|emêñts which is not restricted in use may be used by any Homeowner.
The Common Elamants are not subject to partition nor are they severable from the Hornes .
except in accordance with the Real Properly Law. Following are déié4«l descriptions of
the irrevocably restricted Common Elements:
1. Any balcony, patio and/or deck that is located adjacent to each Home is
restricted in use to the owner of such Home.
2. Any heating and/or cooling unit, if located in the Common Elements adjacent to
each Home and serving such Home, is restricted in use to the Owner of such Home and
shall be rñaintained and repaired by such Owner at their sole cost and expensé.
3, The ddvewey focated in front of the garage forming part of the Homes is
restricted in use to such Home.
4. The walkway leading directly to each Home is restited in use to the Owher of
such Home.
5. The front, side and rear yards adjacent to each Home, as shown on Schedule
C annexed hereto, is restricted in use to the Owner of such Home.
The Common Elements shall remain üñdivided and no Homeowner shall bring any
action for partition or division unless othsrwise provided by law.
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The percentage of the undivided interest in the Cdmmon Elements established
herein shall not be changed except with the consent of all of the Homeowners affected
expressed in a duly recorded amendment to this Declaration.
The undivided interest in the Common Elements shall not be separated from the
$ Home to which it appertains and shall be deemed cûñv6ysd or encumbered with the Home
even though such interest is not expressly meñtioned or describêd in the convcyañce or
other instrument.
SIXTH: Easements. All pipes, wires, conduits and public utility lines located within
9
each Home shall be owned by such Homsawner. Any portion of such pipes, wires,
conduits and· public utility lines focated in the Common Elements including electric meter
banks located on the exterior of a home and servicing one or more other homes, will be
owned in enmmon by the Homeowners. Every Homeowner shall have an easement in ...
common with the owners of other Homes to maintain and use all pi pes, wires, conduits and
e public utility lines located in other Homes and servicing such Homeowner's Home, Each
Home shall be subject to an easement in favor of the Homeowners of other Homes to
maintain and use. the pipes, wires, conduits and public utility lines servicing such other
Homes and located in such Home The Board of Managere shall have a right.of access
to each Home for maintenance, repair or·improv6mêñts to any pipes, wires, conduits and
public utility lines located in any Home and servicing any other Home. The cost of such
repairs shall be a common expense. The Board of Managers shall·have a right of access
to all Common Elements for maintenance, repair or improvement whether such Common (
Elements are restricted or not.
The Board of Managers of the and the Board
Condominium of Directors of Van
Wyck at Merritt Park Homeowners
Associet!on, Inc., (the "Association") or any of its
agents, employees or contractors shall have.a right of access through, under, over and c
across the Common Elements for the gui guw of performing any of its obligaticas as
provided for In this Declaration or in a certain Declaration of Covenants, Restrictions, .
Easements Charges and Liens, and By-Laws of the Association filed or to be filed in the
Dutchess County Cleries Office.
The
Owner, its successors, assigns, and Purchasers, rassives the easements,
IIcenses, rights and privileges of a right-of-way in, through, over, under and across the
C6mmca Elements of the Condominium for the purpose of completing construction and
sale of Homes and facilities in the Condominium and towards this end, reserves the right
to grant and reserve easements and rights-of-way in, through, under, over and across the
Common Elements for the installation, maintenance and inspecMon of lines. and
appurtenances for public or private water, sewer, drainage, cable television and other
utilities and for any other materials.or services necessary for the completion of the work.
The Owner, its successors, assigns, and Purchasers, also reserve the right to connect with
and make use of the utility lines, wires, pipes, conduits, cable television, sewers and
9 drainage lines which may from time to time be in or along the streets and roads or other
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areas of the Common Elements. Finally, the Owners, its successors, assigns and
Purchasers reserve the right to continue to use the Comman Elements and any facHities,
sales offices, model homes, signs and parking spaces located on the Common Elements,
in its efforts to market homes constructed in the Condominium and to complete
constructicñ of the Condominium. This paragraph shall not be amended without the
consent of the Owner.
All emergency vehicles and personnel, including, but not limited to, police, fire and
medical purposes shall be granted an easement of ingress and egress over,upon and
through the intemal rcadvways in Van Wyck Meadows Condominium for ingress and egress
to a public road, if necessary. This Paragraph may not be amended by the Homeowner's
9 in the Condominium.
SEVENTH: Service of Process: Service of process on the ||Gmsawners in any
action with relation to the Common Elements shall be made upon the Secretary of State
as the agent of the Board of Managers of Van Wyck Meadows Condominium. The post
9
office address to which the Secretarf of State shall mail a copy of any process against this
Condominium served upon him as agent of this
during the period
Condominium
the
Declarant controls the Board of Managers LLC, 3103 Philment
is: Toll Van Wyck, Avenue,
Huntingdon Valley,Péññõylvañia 19006. Once the Declarant
no longer controls the Board
of Managers, the Board of Managers must notify the Secretary of State that the post office
address to which the Secretary of state shall mail a copy of any process against this
Cüñdarñiñium served upon his as agent of this Condominium is: Board of Managers, Van
Wyck Maadows Condominium, Route 9, Town of Fishkill, Dutchess County, New
York12524.
ElGHTH: Common interest. Each Homeowner shall have such percentage
interêst in the Common Elements as is set forth in Schedule B attached hereto and shall
bear such percentage of the cammañ expenses of the Condominium. Each Homeoúmer
shall have one vote for all voting purposes at any meeting of the Homêüviñèrs. The
percentage of interest of each Horne in the Common Elements has been based on equal
percentages - one for each Home, as of thedate of recording this Declaration.
NINTH: Administration. The administration of the Coñdominium, the Community
and parcel of land described herein shall be in accordance with the provisions of this
Dec!ere*ion and with the provisions of the By-Laws which are made a part of this
Declaration and are attached hereto as Schedule C.
TENTH: Amendments and Withdrawal.
(a) The dedication of the property to Condominium ownersliip herein shall not
be revoked or the property withdrawn from Condominium ownership unless 80%
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of the Homeowners in number and in commcñ interest and the first mortgagees, if
any, of each of these same homes agree to such revocation or removal of the
property from the Plan by duly recorded instruments. .
(b) The provisions of this Declaration may be modified or amended by an
instrument executed the Board of Managers upon a vote of sixty-six and two-
by
thirds percent (66 2/s%) of the Homeowners in number held at a duty-called meeting
of the Homeowners, provided however, that:
(i) No amendment shall change any condominium parcel, nor a
Homeowner's proportionate share of the common charges, nor the voting
rights appurtenant to any home, unless all of record owner(s) in number and
common interest thereof and the first mortgagees, if any, of each of these
same homes agree to such revaumticñ by recorded instrument.
(ii) No amendment shall be passed which shall impair or prejudice the
9 rights and pnorities of mortgagees.
There shall be a presumpticñ for a period of 60 days subsequent to the recording
of the amendment that the vote of the Hamscieners was made at a duly called meeting
and that the requide voting percentage was obtained. After the 60 daý period such
presumption will be deemed conclusive.
(c) The Owner, its successors and assigns shall have the right without vote (
or consent of the Homeowners, the Board of Managers or the holders of Home
mortgages to execute or (on its request) to require the Board of Managers to
execute and
record in the Office of the Clerk of Dutchess County and elsewhere,
@ if required by law, an amendment or amendments to this Declaration (together with
uch other documents, plan and maps as may be required to effectuate the same) (
(i)' oi'
to reflect the certification tïy.à registered architect professional engineer,
certifying that the floor plans filed as part of an amended Declara$ion are an
accurate copy of portions of the plans of the buildings and fully·and fairly depict the
layout, location, designation and approxirñate dimensions of the Homes as built; or
(ii) utility essenients, or (1i1) technical to the Declaration
corrections to conform to
other documents including but not limited to the
Offering Plan or as-built plans (iv)
to amend Schedule B of this Declaration to conform the Model type, square footage
and type and number of rooms and any other required information for a specified
Home, so tong as the a'ppurtenant percentage of common interest does not change
for said Home, or (v) the carrying out of other provisions of the Offering Plan of Van
Wyck Meadows Condominium.
(d) Any amendment to this Declaration shall not take effect until it is recorded
in the Office of the Clerk of Dutchess County.
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Irrespective of any other pisvisicñ of this Dec!eretion, no action for partition or
division of the Common Elements shall be brought nor shall this plan of condominium
ownership be terminatad where such painUõñ, division or termination will result in a
violation of the then existing local zoning and building laws and codes.
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ELEVENTH: Subject to Declaration, By-Laws. etc. All present or future
Homeowners, tenants, future tenants, or any other person that might use the facilities of
the Condominium in any manner, are subject to the provisions of this Declaranon, the
By-Laws and Rules and Regulations of the Condominium and the mere acquisition or
rental of any of the Homes of the Condominium or the mere act of occupancy of any of
said Homes shall signify that the provisions of this Declaration and the By-Laws and Rules
and Regulations of the Condereinium are accepted and ratified and all of such provisions
shall be deemed and taken to be covenants running with the land and shall bind any
person having at any time any interest or estate in such Home, as though such provisions
were recited and stipulated at tength in each and everydeed, conveyance or lease thereof.
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TWELFTH: Common Charnes. All sums assessed as common charges by the
Board of Managers of the Condominium but unpaid together with the maximum interest
permitted in NewYork thereon, chargeable to any Homsawner shall constitute
a lien on
his Home prior to all other liens except: (a) tax or assessment liens on the Home by the
taxing subdivisicris of any govemmental euthority, including but notlimited to State, County
and School District taxing agencies; and (b) all sums unpaid on any first mortgage of
record encumbering any Home. Such lien may be foreclosed when past due in
accordance with the laws of the State of New York, by the Con@m!nMm,in like manner
as a mortgage on reel.property,,and the Condominium shall also have the right to recover
attomeys'
all costs incurred including reasonable fees (but such right shall not be a lien
® . , against the Home). In the event the proceeds of the forec!esure sale are not sumcient to
pay such unpaid common charges, the unpaid balance shall be charged to all
Homeowners as a common expense. However, where the holder of an institutional
mortgage of record, or other Purchaser of a Home at a foreclosure sale of an Institutional
mortgage, obtains title to the Home as a result of foreclosure, or the institutional mortgage
holder obtains title by conveyance in lieu of foreclosure, such acquirer of title, his
successera or assigns, shall not be liable and the Home shall not be subject to a lien for
the payment of common charges chargeable to such Home which were assessed and
became due prior to the acquisition of title to such Home by such acquirer. In such event,
the unpaid balance of common charges will be charged to all other Homeowners as a
mortgage"
common expense, The term "institutional herein used shall mean a first
9 mortgage granted
by a bank, mortgage company, savings and loan association, life
insurance company, pension fund, trustcompany orother institutional lender or a mortgage
granted by the Owner to a Purchaser of a Home or In which the Owner participates with
one of the above.
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Preview
FILED: DUTCHESS COUNTY CLERK 07/10/2019 08:51 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 07/10/2019 EXHlBlT K {00432467;1} FILED: DUTCHESS COUNTY CLERK 07/10/2019 08:51 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 07/10/2019 267 9 0 SCHEDULE I DECLARATION OF CONDOMINIUM a MEADOWS I - 4315 FILED: DUTCHESS COUNTY CLERK 07/10/2019 08:51 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 07/10/2019 . ( ( O ( ( ( O ( MEADOWS I - 4316 FILED: DUTCHESS COUNTY CLERK 07/10/2019 08:51 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 07/10/2019 268 DECLARATION ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP OF PREMISES LOCATED AT THE TOWN OF FISHKILL, DUTCHESS COUNTY 8 STATE OF NEW YORK, PURSUANT TO ARTICLE 9-B OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. 9 NAME: VAN WYCK MEADOWS CONDOMINIUM e SPONSOR: TOLL VAN WYCK, LLC 3103 PhiImont Avenue Huntingdon Valley, Pennsylvania 19006 DATE OF DECLARATION: CERTILMAN BALIN ADLER & HYMAN, LLP. The Financial Center at Mitchel Field Attomeys for the Sponsor 90 Merrick Avenue East Meadow, NY 11554 • iManage:(334938.t • MEADOWS I - 4317 FILED: DUTCHESS COUNTY CLERK 07/10/2019 08:51 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 07/10/2019 MEADOWS I - 4318 FILED: DUTCHESS COUNTY CLERK 07/10/2019 08:51 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 07/10/2019 ( ! MEADOWS I - 4319 FILED: DUTCHESS COUNTY CLERK 07/10/2019 08:51 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 07/10/2019 9 MEADOWS I - 4320 FILED: DUTCHESS COUNTY CLERK 07/10/2019 08:51 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 07/10/2019 269 TABLE OF CONTENTS Page ARTICLE FIRST: Submission of Property.............................................. 1 ARTICLE SECOND: Description of Property................ .................. 1 ARTICLE THIRD: Definitions.................................. ................... 1 ARTICLE FOURTH: Community................. .......... 2 ARTICLE FIFTH: Common Elements..................................................... 3 ARTICLE 81XTH: Essements.................................................. 4 ARTICLE SEVENTH: Service of Process.......... ................ 5 ARTICLE EIGHTH: Common IntereC ... . 5 ARTICLE NINTH: Administraton . .......... 5 ARTICLE TENTH: Amêñdment and WithdrawaL _. 5 ARTICLE ELEVENTH: Subject to Declaration, By-Laws, etc. ....................... 7 ARTICLE TWELFTH: Common Charges .................... ........... 7 • ARTICLE THIRTEENTH: Homes Acquired by the Board......... . . 8 ARTICLE FOURTEENTH: Encroactimsats......................................... 8 ARTICLE FIFTEENTH: Home Ownership ................................................. 8 ARTICLE SIXTEENTH: Conveyance of a Home.............................................. 8 ARTICLE SEVENTEENTH: Covenants and Restrictións...................... ... 9 ARTICLE EIGHTEENTH: Invalidity...............,............... ...... 11 SCHEDULE A Description of Property........ ..... SCHEDULE B Home Type, PeiUentage of Common !nterest, etc..... SCHEDULE C irrevecably Restricted Yard Areas ...........:....... iManaged334958.1 • MEADOWS I - 4321 FILED: DUTCHESS COUNTY CLERK 07/10/2019 08:51 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 07/10/2019 9 ( ( ( 9 MEADOWS I - 4322 FILED: DUTCHESS COUNTY CLERK 07/10/2019 08:51 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 07/10/2019 4 270 __ PLAN OF CONDOMINIUM HOME OWNERSHIP DECLARATION OF VAN WYCK MEADOWS CONDOMIN1UM PURSUANT TO ARTICLE 9-B OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK In the Town of FishkDI, Dutchess County and State of New York on this day of , 20 , Toli Van Wyck, LLC organized and existing under the laws of the 4,. State of New York, whose principal office is situated in the State Penasylvañia, hereinafter "Owner" referred to as the represented in this Declaration by , who is fully empewsred and qualified to execute this Declaration on behalf of the Limited Partnership does hereby state: FIRST: Submission of By. this Declaration Property. the Owner submits the property described in this Declaration, iñcludiñg the land and the Buildings and all other improvementserected and tobe erectedthersõñ, alleasements, rights and appurtenances belonging thereto and all other property, real, personal or mixed, .intended for use in cóññâcticñ therewith, to the provisions of Article 9-B of the RealÞraperty Law of the State of New York. SECOND: Description of Property. The Owner owns all that certain plot, piece or parcelof land, with the buildings and irñprovernants thereon erected, situate, lying and being in Town of Fishkill, Dutchess County, State of New York, and more particularly 0 bounded and described on Schedule A aññaxed hereto and made a part hereto. THIRD: Definitions. "Homeowner." (a) The Owner of each Home is hereinafter referred to as the Every Homeewñêr shall be treated for all purposes as a single owner, irrespective of whethsr such ownership is·joint, in common or tenancy by the entirety. Where such ownership is joint, in common or tenancy by the entirety, majority vote of such owners shall be necessary to cast the Homeowner's vote referred to in Article EIGHTH of this Declaration. "Home" (b) A as hereinafter referred to shall be defined as follows: Each Home is measured horizontally from the exterior surface of the sheetrock of all opposite walls to the exterior surface of the sheetrock of all opposite walls and vertically from the lower surface of the concrete slab or sub-floor forming the floor of the Home up to the exterior , surface of the sheetrock or other material forrñing the ceiling of the Home. in the case of iManap:1334938.1 9 MEADOWS I - 4323 FILED: DUTCHESS COUNTY CLERK 07/10/2019 08:51 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 07/10/2019 271 Homes located solely on the second story, the animace to such Home is part of the Home. Doors, windows, interior walls, fire places and garages which abut a Home are part of the Home. The Description of Homes set forth hereirr pertains to the location of the walls, floors and roof of the Homes as they are finally set forth in the building plans to be filed 9 simultaneously with the recording of this Declaration. "Owner" "Sponsor" (c) or shall mean and refer to Toll Van Wyck, LLC and its successors and assigns. "Büildiñg" (d) A as hereinafter referred to shall be defined as a number of Homes all of which are constructed under a coñtiaüous roof. Wall" a wall (e) "Party as herefnaMer referred to shall be defined as which is common to and separates two Homes. "Condominium" (f) as hereinafter referrest to shall mean Van Wyck Meadows Condominium which is composed of the'Hümeokiners. "Home" "Homeowner" (g) The term and hs used herein shall be constñied fo mean Unit and Unit Owner as defined in Section 339-e of Article 9-B of the ReaI Property Law of the State of New York. R "Association" .(h) as hereinafter used shalf mean Van Wyck at Merritt Park c Homeowners Association, Inc., a not-for-profit corporation organized to perform certain mainte½éñce. operatio.nal,. and repair services for the benefit of Homeownehii in the Comb ^y"m and tertain adjacent parcels Van Wyck at Merritt Park. comprising • FOURTH: Community. The Owner is constmcMng on the parcel of land described above a Condominium Home Community known as Van Wyck Meadows Condominium, according to the plans filed simultaneously with the recording of this Declarâticñ In the Office of the Clerk of Dutchess County, which Plans set forth a descriptió½ of the buildings stating the number of stories and number of Homes. Tlie Community will consist of 3·I8 Homes to be lócated in fifty-six (56) buildings as set forth on the Plot Plan filed simultaneously herewith. The Homes are constructéd of concrete foundations, wóod studs and asphalt shingle roofs, Each of the Homes has access to a ptiblic street by means of a walk, driveway or rdadway. For the purposes of describing the location of the buildings, approximate area, type and number of rooms of each Home and the Common Elements to which each Home has immediats access, each Home is described on Schedule B áññezed hereto. Each Home will be sold to one or more Owners, iéfach Owner obtaining fee owitership in, and exelusive right óf occupancy añd possession of the Home,1togetlier with an undivided inferest in the Commoñ Eleiitents of the Comnitinity, as listed hereihafter in this Dee!aration, and referred to as the "C~6mrnon iNianap:D34938,l 2 MEADOWS I - 4324 FILED: DUTCHESS COUNTY CLERK 07/10/2019 08:51 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 07/10/2019 4 2 72 Eismsrits", all of the above in accordance with Article 9-B of the Real Property Law of the State of New York. The designation of the number of rooms, interior partitions and kitchen and bathroom facilities may be changed by mutual consent of the Owner and the Homeowner at the time of construction of the Home. 9 The aforesaid Commüñity has a total plot area of approximately 80.706 acres. FIFTH: Common Elements. The Common Elements of the Commüñity will consist of all of the Community, except the Homes, including, but without lim!tation, outsids walls and roofs of the Buildings, the land, buildings and improvements (other than the Homes) comprising the Commüñity (including the land under the Homes and under the improvements), all utility or other pipes and material located outside of the Homes. IRREVOCABLY RESTRICTED AREAS Certain portions of the Common Eismsats are irrevocably restricted in use to . specified Homêownsrs, subject to the right of the Board of Menegers to enter upon any restricted area for maintenance,repair or improvement of a Home or common element and subject to the rules of the Board of Managers (see By-Laws, Article Vill). Any portion of the Common E|emêñts which is not restricted in use may be used by any Homeowner. The Common Elamants are not subject to partition nor are they severable from the Hornes . except in accordance with the Real Properly Law. Following are déié4«l descriptions of the irrevocably restricted Common Elements: 1. Any balcony, patio and/or deck that is located adjacent to each Home is restricted in use to the owner of such Home. 2. Any heating and/or cooling unit, if located in the Common Elements adjacent to each Home and serving such Home, is restricted in use to the Owner of such Home and shall be rñaintained and repaired by such Owner at their sole cost and expensé. 3, The ddvewey focated in front of the garage forming part of the Homes is restricted in use to such Home. 4. The walkway leading directly to each Home is restited in use to the Owher of such Home. 5. The front, side and rear yards adjacent to each Home, as shown on Schedule C annexed hereto, is restricted in use to the Owner of such Home. The Common Elements shall remain üñdivided and no Homeowner shall bring any action for partition or division unless othsrwise provided by law. • iManage:1334938.) 3 • MEADOWS I - 4325 FILED: DUTCHESS COUNTY CLERK 07/10/2019 08:51 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 07/10/2019 27 3 e The percentage of the undivided interest in the Cdmmon Elements established herein shall not be changed except with the consent of all of the Homeowners affected expressed in a duly recorded amendment to this Declaration. The undivided interest in the Common Elements shall not be separated from the $ Home to which it appertains and shall be deemed cûñv6ysd or encumbered with the Home even though such interest is not expressly meñtioned or describêd in the convcyañce or other instrument. SIXTH: Easements. All pipes, wires, conduits and public utility lines located within 9 each Home shall be owned by such Homsawner. Any portion of such pipes, wires, conduits and· public utility lines focated in the Common Elements including electric meter banks located on the exterior of a home and servicing one or more other homes, will be owned in enmmon by the Homeowners. Every Homeowner shall have an easement in ... common with the owners of other Homes to maintain and use all pi pes, wires, conduits and e public utility lines located in other Homes and servicing such Homeowner's Home, Each Home shall be subject to an easement in favor of the Homeowners of other Homes to maintain and use. the pipes, wires, conduits and public utility lines servicing such other Homes and located in such Home The Board of Managere shall have a right.of access to each Home for maintenance, repair or·improv6mêñts to any pipes, wires, conduits and public utility lines located in any Home and servicing any other Home. The cost of such repairs shall be a common expense. The Board of Managers shall·have a right of access to all Common Elements for maintenance, repair or improvement whether such Common ( Elements are restricted or not. The Board of Managers of the and the Board Condominium of Directors of Van Wyck at Merritt Park Homeowners Associet!on, Inc., (the "Association") or any of its agents, employees or contractors shall have.a right of access through, under, over and c across the Common Elements for the gui guw of performing any of its obligaticas as provided for In this Declaration or in a certain Declaration of Covenants, Restrictions, . Easements Charges and Liens, and By-Laws of the Association filed or to be filed in the Dutchess County Cleries Office. The Owner, its successors, assigns, and Purchasers, rassives the easements, IIcenses, rights and privileges of a right-of-way in, through, over, under and across the C6mmca Elements of the Condominium for the purpose of completing construction and sale of Homes and facilities in the Condominium and towards this end, reserves the right to grant and reserve easements and rights-of-way in, through, under, over and across the Common Elements for the installation, maintenance and inspecMon of lines. and appurtenances for public or private water, sewer, drainage, cable television and other utilities and for any other materials.or services necessary for the completion of the work. The Owner, its successors, assigns, and Purchasers, also reserve the right to connect with and make use of the utility lines, wires, pipes, conduits, cable television, sewers and 9 drainage lines which may from time to time be in or along the streets and roads or other (Manage·1334938J MEADOWS I - 4326 FILED: DUTCHESS COUNTY CLERK 07/10/2019 08:51 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 07/10/2019 0 2 74 areas of the Common Elements. Finally, the Owners, its successors, assigns and Purchasers reserve the right to continue to use the Comman Elements and any facHities, sales offices, model homes, signs and parking spaces located on the Common Elements, in its efforts to market homes constructed in the Condominium and to complete constructicñ of the Condominium. This paragraph shall not be amended without the consent of the Owner. All emergency vehicles and personnel, including, but not limited to, police, fire and medical purposes shall be granted an easement of ingress and egress over,upon and through the intemal rcadvways in Van Wyck Meadows Condominium for ingress and egress to a public road, if necessary. This Paragraph may not be amended by the Homeowner's 9 in the Condominium. SEVENTH: Service of Process: Service of process on the ||Gmsawners in any action with relation to the Common Elements shall be made upon the Secretary of State as the agent of the Board of Managers of Van Wyck Meadows Condominium. The post 9 office address to which the Secretarf of State shall mail a copy of any process against this Condominium served upon him as agent of this during the period Condominium the Declarant controls the Board of Managers LLC, 3103 Philment is: Toll Van Wyck, Avenue, Huntingdon Valley,Péññõylvañia 19006. Once the Declarant no longer controls the Board of Managers, the Board of Managers must notify the Secretary of State that the post office address to which the Secretary of state shall mail a copy of any process against this Cüñdarñiñium served upon his as agent of this Condominium is: Board of Managers, Van Wyck Maadows Condominium, Route 9, Town of Fishkill, Dutchess County, New York12524. ElGHTH: Common interest. Each Homeowner shall have such percentage interêst in the Common Elements as is set forth in Schedule B attached hereto and shall bear such percentage of the cammañ expenses of the Condominium. Each Homeoúmer shall have one vote for all voting purposes at any meeting of the Homêüviñèrs. The percentage of interest of each Horne in the Common Elements has been based on equal percentages - one for each Home, as of thedate of recording this Declaration. NINTH: Administration. The administration of the Coñdominium, the Community and parcel of land described herein shall be in accordance with the provisions of this Dec!ere*ion and with the provisions of the By-Laws which are made a part of this Declaration and are attached hereto as Schedule C. TENTH: Amendments and Withdrawal. (a) The dedication of the property to Condominium ownersliip herein shall not be revoked or the property withdrawn from Condominium ownership unless 80% Hdanage:t334938.1 5 MEADOWS I - 4327 FILED: DUTCHESS COUNTY CLERK 07/10/2019 08:51 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 07/10/2019 275 of the Homeowners in number and in commcñ interest and the first mortgagees, if any, of each of these same homes agree to such revocation or removal of the property from the Plan by duly recorded instruments. . (b) The provisions of this Declaration may be modified or amended by an instrument executed the Board of Managers upon a vote of sixty-six and two- by thirds percent (66 2/s%) of the Homeowners in number held at a duty-called meeting of the Homeowners, provided however, that: (i) No amendment shall change any condominium parcel, nor a Homeowner's proportionate share of the common charges, nor the voting rights appurtenant to any home, unless all of record owner(s) in number and common interest thereof and the first mortgagees, if any, of each of these same homes agree to such revaumticñ by recorded instrument. (ii) No amendment shall be passed which shall impair or prejudice the 9 rights and pnorities of mortgagees. There shall be a presumpticñ for a period of 60 days subsequent to the recording of the amendment that the vote of the Hamscieners was made at a duly called meeting and that the requide voting percentage was obtained. After the 60 daý period such presumption will be deemed conclusive. (c) The Owner, its successors and assigns shall have the right without vote ( or consent of the Homeowners, the Board of Managers or the holders of Home mortgages to execute or (on its request) to require the Board of Managers to execute and record in the Office of the Clerk of Dutchess County and elsewhere, @ if required by law, an amendment or amendments to this Declaration (together with uch other documents, plan and maps as may be required to effectuate the same) ( (i)' oi' to reflect the certification tïy.à registered architect professional engineer, certifying that the floor plans filed as part of an amended Declara$ion are an accurate copy of portions of the plans of the buildings and fully·and fairly depict the layout, location, designation and approxirñate dimensions of the Homes as built; or (ii) utility essenients, or (1i1) technical to the Declaration corrections to conform to other documents including but not limited to the Offering Plan or as-built plans (iv) to amend Schedule B of this Declaration to conform the Model type, square footage and type and number of rooms and any other required information for a specified Home, so tong as the a'ppurtenant percentage of common interest does not change for said Home, or (v) the carrying out of other provisions of the Offering Plan of Van Wyck Meadows Condominium. (d) Any amendment to this Declaration shall not take effect until it is recorded in the Office of the Clerk of Dutchess County. iManage:1334938. I MEADOWS I - 4328 FILED: DUTCHESS COUNTY CLERK 07/10/2019 08:51 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 07/10/2019 276 _.. Irrespective of any other pisvisicñ of this Dec!eretion, no action for partition or division of the Common Elements shall be brought nor shall this plan of condominium ownership be terminatad where such painUõñ, division or termination will result in a violation of the then existing local zoning and building laws and codes. % ELEVENTH: Subject to Declaration, By-Laws. etc. All present or future Homeowners, tenants, future tenants, or any other person that might use the facilities of the Condominium in any manner, are subject to the provisions of this Declaranon, the By-Laws and Rules and Regulations of the Condominium and the mere acquisition or rental of any of the Homes of the Condominium or the mere act of occupancy of any of said Homes shall signify that the provisions of this Declaration and the By-Laws and Rules and Regulations of the Condereinium are accepted and ratified and all of such provisions shall be deemed and taken to be covenants running with the land and shall bind any person having at any time any interest or estate in such Home, as though such provisions were recited and stipulated at tength in each and everydeed, conveyance or lease thereof. 9 TWELFTH: Common Charnes. All sums assessed as common charges by the Board of Managers of the Condominium but unpaid together with the maximum interest permitted in NewYork thereon, chargeable to any Homsawner shall constitute a lien on his Home prior to all other liens except: (a) tax or assessment liens on the Home by the taxing subdivisicris of any govemmental euthority, including but notlimited to State, County and School District taxing agencies; and (b) all sums unpaid on any first mortgage of record encumbering any Home. Such lien may be foreclosed when past due in accordance with the laws of the State of New York, by the Con@m!nMm,in like manner as a mortgage on reel.property,,and the Condominium shall also have the right to recover attomeys' all costs incurred including reasonable fees (but such right shall not be a lien ® . , against the Home). In the event the proceeds of the forec!esure sale are not sumcient to pay such unpaid common charges, the unpaid balance shall be charged to all Homeowners as a common expense. However, where the holder of an institutional mortgage of record, or other Purchaser of a Home at a foreclosure sale of an Institutional mortgage, obtains title to the Home as a result of foreclosure, or the institutional mortgage holder obtains title by conveyance in lieu of foreclosure, such acquirer of title, his successera or assigns, shall not be liable and the Home shall not be subject to a lien for the payment of common charges chargeable to such Home which were assessed and became due prior to the acquisition of title to such Home by such acquirer. In such event, the unpaid balance of common charges will be charged to all other Homeowners as a mortgage" common expense, The term "institutional herein used shall mean a first 9 mortgage granted by a bank, mortgage company, savings and loan association, life insurance company, pension fund, trustcompany orother institutional lender or a mortgage granted by the Owner to a Purchaser of a Home or In which the Owner participates with one of the above. Wage:133493‰I