August, 1995

Bylaws

Contents

Article I: Plan Of Unit Ownership

Applicability
Compliance
Office
Definitions

Article II: Eastview Condominium Association

Composition
Annual Meetings
Place of Meetings
Special Meetings
Notice of Meetings
Adjournment of Meetings
Voting
Quorum
Conduct of Meetings
Action Without Meeting

Article III: Board Of Directors

Number and Qualification
Powers and Duties
Managing Agent
Election and Term of Office
Removal or Resignation
Vacancies
Organization Meeting
Regular Meetings
Special Meetings
Waiver of Notice
Quorum
Compensation
Action Without Meeting
Liability

Article IV: Officers

Designation
Election of Officers
Removal of Officers
President
Vice President
Secretary
Treasurer
Execution of Documents
Compensation of Officers

Article V: Operation of the Condominium

Determination
Payment of Common Expenses
Collection of Assessments
Insurance
Lien for Assessments
Maintenance
Restrictions

Article VI: Miscellaneous

Amendment
Notices
Captions
Gender

Ammendment 1995

Amendment
Name of Association
Rental of Units

ARTICLE I

PLAN OF UNIT OWNERSHIP

Section 1.01.

Applicability

These By-Laws provide for the governance of the Condominium. The property, located in Williston, County of Chittenden and State of Vermont, and more particularly described in the Declaration, has been submitted to the provisions of the Vermont Condominium Ownership Act (the "Act") by the recordation of the Declaration simultaneously herewith. All present and future owners, mortgagees, lessees and occupants of units and their employees, and any other person who may use the facilities of the property in any manner promulgated thereunder and to any amendment thereto.

Section 1.02.

Compliance

The acceptance of a deed or conveyance or the entering into of a lease or the act of occupancy of a Unit shall constitute an agreement that these By-Laws (and any rules and regulations promulgated thereunder) and the provisions of the Declaration, as they may be amended from time to time are accepted, ratified, and will be complied with.

Section 1.03.

Office

The office of the Condominium, the Association, and the Board of Directors shall be located at the property or at such other place as may be designated from time to time by the Board of Directors.

Section 1.04.

Definitions

The terms used herein shall, to the extent they are defined in the Act have the meanings therein stated. Each capitalized term used herein without definition shall have the meaning specified in the Declaration of Eastview Estates Condominium to which these By-Laws are attached, as it may be amended from time to time.

ARTICLE II

EASTVIEW CONDOMINIUM ASSOCIATION

Section 2.01.

Composition

The Association shall consist of all the Unit Owners acting as group.

For all purposes the Association shall act merely as an agent for the Unit Owners as a group. The Association shall have the responsibility for administering the Condominium, establishing the means and methods of collecting assessments and charges, arranging for the management of the Condominium and performing all of the other acts that may be required or permitted to be performed by the Association by the Act and the Declaration. Except as to those matters which the Act specifically requires to be performed by the vote of the Association, the foregoing responsibilities shall be performed by the Board of Directors or their designees.

Section 2.02.

Annual Meetings

The annual meetings of the Association shall be held on the second Monday in January. At such annual meetings the Board of Directors shall be elected by ballot of the Unit Owners.

Section 2.03.

Place of Meetings

Meetings of the Association shall be held at the principal office of the Association or at such other suitable place convenient to the Unit Owners as may be designated by the Board of Directors.

Section 2.04.

Special Meetings

The President shall call a special meeting of the Board of Directors upon a petition signed and presented to the Secretary of Unit Owners with not less than twenty-five percent of the aggregate votes in the Association. The notice of any special meeting shall state the time, place and purpose thereof. No business shall be transacted at a special meeting except as stated in the notice.

Section 2.05.

Notice of Meetings

(a) The Secretary shall mail or hand deliver to each Unit Owner a notice of the place, date, hour and purpose or purposes of each special meeting of the unit Owners. The notice shall be mailed or hand delivered not less than 7 days nor more than 20 days before the date of such meeting. No such notice shall be required for the annual meeting of the Association.

(b) Any Unit Owner may at any time, in writing, waive notice of any meeting of the Association, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Unit Owner at any meeting of the Association shall constitute a waiver of notice by him of the time, place and purpose of such meeting.

Section 2.06.

Adjournment of Meetings

If at any meeting of the Association a quorum is not present, Unit Owners having a majority of the votes who are present at such meeting in person or by proxy may adjourn the meeting to a time not less than forty-eight (48) hours after the time the original meeting was called.

Section 2.07.

Voting

The vote to which each Unit Owner is entitled shall be the Common Element interest assigned to his Unit in the Declaration. Except where a greater number is required by the Act, the Unit Owners with more than fifty (50%) percent of the votes in the Association voting in person or by proxy at one time at a duly convened meeting at which a quorum is present ("majority of the Unit Owners") is required to adopt a decision at any meeting of the Association. Any specified percentage of the Unit Owners means the Unit Owners with such votes in the aggregate.

Section 2.08.

Quorum

Except as otherwise provided in the By-Laws, the presence in person or by proxy of Unit Owners of fifty (50%) percent or more of the votes shall constitute a quorum at all meetings of the Association.

Section 2.09.

Conduct of Meetings

The President shall preside over all meetings of the Association and the Secretary shall keep the minutes of the meeting and record in a minute book all resolutions adopted at the meeting as well as a record of all transactions occurring thereat. The then current edition of Robert's Rules of Order shall govern the conduct of all meetings of the Association and the Board of Directors when not in conflict with the By-Laws, the Declaration or the Act.

Section 2.10.

Action Without Meeting

Any action by the owners required or permitted to be taken at any meeting may be taken without a meeting if all of the Unit Owners shall individually or collectively consent in writing to such action. Any such written consent shall be filed with the minutes of the proceedings of the Unit Owners.

ARTICLE III

BOARD OF DIRECTORS

Section 3.01.

Number and Qualification

The affairs of the Association shall be governed by a Board of Directors composed of five (5) persons, all of whom shall be Unit Owners or spouses of Unit Owners.

Section 3.02.

Powers and Duties

The Board of Directors shall have all of the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things as are not prohibited by the Act, including the following:

a. Prepare an annual budget in which there shall be established the assessments of each Unit Owner for the Common Expenses of the Condominium (the "Common Expenses").

b. Make assessments against the Unit Owners to defray the costs and expenses of the Condominium, establish the means and methods of collecting such assessments from the Unit Owners and establish the period of the installment payment of the annual assessment for Common Expenses.

Unless otherwise determined by the Board of Directors, the annual assessment against each Unit Owner for his proportionate share of the Common Expenses shall be payable in equal monthly installments, each such installment to be due and payable in advance on the first day of each month for such month.

c. Provide for the operation, care, upkeep and maintenance of all of the property and services of the Condominium.

d. Designate, hire and dismiss the personnel necessary for the maintenance, operation, repair and replacement of the Common Elements and provide services for the property and, where appropriate, provide for the compensation of such personnel and for the purchase of equipment, supplies and material to be used by such personnel in the performance of their duties, which supplies and equipment shall be deemed part of the property.

e. Collect the assessments against the Unit Owners, deposit the proceeds thereof in bank depositories designated by the Board of Directors and use the proceeds to carry out the administration of the Condominium.

f. Make and amend the Rules and Regulations. g. Open bank accounts on behalf of the Association and designate the signatories thereon.

h. Make, or contract for the making of, repairs, additions and improvements to or alterations of the property, and repairs to and restoration of the property, in accordance with these By-Laws, after damage or destruction by fire or other casualty, or as a result of condemnation or eminent domain proceedings.

i. Enforce by legal means the Declaration, these By-Laws and the Rules and Regulations and act on behalf of the Unit Owners with respect to all matters arising out of an eminent domain proceeding.

j. Obtain and carry insurance against casualties and liabilities, as provided in these By-Laws, pay the premiums therefore and adjust and settle any claim thereunder.

k. Pay the cost of all authorized services rendered to the Association and not billed to Unit Owners of individual Units or otherwise provided for in Article V of these By-Laws.

l. Keep books with detailed accounts in chronological order of the receipts and expenditures affecting the property and the administration of the Condominium specifying the expenses of maintenance and repair of the Common Elements and any other expenses incurred. Such books and vouchers accrediting the entries thereupon shall be available for examination by the Unit Owners, their duly authorized agents or attorneys, during general business hours on working days at the times and in the manner set and announced by the Board of Directors for the general knowledge of the Unit Owners. All books and records shall be kept in accordance with good accounting practices.

m. Notify a mortgagee of any default hereunder by the Unit Owner of the Unit sUbject to such mortgage, in the event such default continues for a period exceeding thirty (30) days.

n. Borrow money on behalf of the Condominium when required in connection with anyone instance relating to the operation, care, upkeep and maintenance of the Common Elements, provided, however, that the consent of at least two-thirds in number and in Common Element interest of all Unit Owners, obtained at a meeting duly called and held for such purpose in accordance with the provisions of these By-Laws, shall be required to borrow any sum in excess of Two.Thousand Five Hundred and 00/100 Dollars ($2,500.00).

o. Acquire, hold and dispose of Units and mortgage the same if such expenditures and hypothecations are included in the budget adopted by the Association.

p. In its sole discretion, designate from-time to time certain Common Elements as "Reserved Common Elements" and impose such restrictions and conditions on the use thereof as the Board of Directors deems appropriate.

q. Appoint standing committees to assist the Board in the administration of the Condominium.

r. Do such other things and acts not inconsistent with the Act, the Declaration or these By-Laws which the Board of Directors may be authorized to do by a resolution of the Association.

Section 3.03.

Managing Agent

The Board of Directors may employ for the Condominium a "Managing Agent" at a compensation to be established by the Board of Directors.

Section 3.04.

Election and Term of Office

At the first annual meeting of the Association, the term of office of one member of the Board of Directors shall be fixed at three years, the term of office of two members of the Board of Directors shall be fixed at two years and the term of office of two members of the Board of Directors shall be fixed at one year. At the expiration of the initial term of office of each member of the initial Board of Directors, a successor shall be elected to serve for a term of two years. The members of the Board of Directors shall hold office until their respective successors shall have been elected by the Association.

Section 3.05.

Removal or Resignation of Members of the Board of Directors

At any regular or special meeting duly called, at anyone or more of the members of the Board of Directors may be removed with or without cause by a majority of the Unit Owners and a successor may then and there be elected [to] fill the vacancy thus created. Any Director whose removal has been proposed by the Unit Owners shall be given at least seven (7) days notice of the time, place and purpose of the meeting and shall be given an opportunity to be heard at the meeting. A member of the Board of Directors may resign at any time and shall be deemed to have resigned upon disposition of his Unit.

Section 3.06.

Vacancies

Vacancies in the Board of Directors caused by any reason other than the removal of a Director by a vote of the Association shall be filled by a vote of a majority of the remaining Directors at a special meeting of the Board of Directors held for such purposes promptly after the occurrence of any such vacancy, even though the directors present at such meeting may constitute less than a quorum. Each person so elected shall be a member of the Board of Directors for the remainder of the term of the member being replaced and until a successor shall be elected at the next annual meeting of the Association.

Section 3.07.

Organization Meeting

The first meeting of the Board of Directors following creation of the Condominium shall be held within thirty (30) days thereafter at such time and place as shall be fixed by the Declarant, who shall appoint the initial members of the Board of Directors, and no notice shall be necessary to such members of the Board of Directors in order to legally constitute such meeting, providing a majority of the whole Board of Directors shall be present thereat.

Section 3.08.

Regular Meetings

Regular meeting of the Board of Directors may be held at such time and place as shall be determined from time to time by a majority of the Directors, but such meetings shall be held at least once every four months during each fiscal year. Notice of regular meeting of the Board of Directors shall be given to each Director, by mail or telegraph, at least three business days prior to the day named for such meeting.

Section 3.09.

Special Meetings

Special meetings of the Board of Directors may be called by the President on three business days notice to each Director, given by mail or telegraph, which notice shall state the time, place and purpose of the meeting. Special meetings of the Board of Directors shall be called by the President or Secretary in like manner and on like notice on the written request of at least one Director.

Section 3.10.

Waiver of Notice

Any Director may at any time, in writing, waive notice of any meeting of the Board of Directors, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board of Directors shall constitute a waiver of notice by him of the time, place and purpose of such meeting. If all Directors are present at any meeting of the Board of Directors, no notice shall be required and any business may be transacted at such meeting.

Section 3.11.

Quorum

At all meetings of the Board of Directors a majority of the Directors shall constitute a quorum for the transaction of business, and the votes of a majority of the Directors present at a meeting at which a quorum is present, shall constitute the decision of the Board of Directors.

Section 3.12.

Compensation

No Director shall receive any compensation from the Condominium for acting as such.

Section 3.13.

Action Without Meeting

Any action by the Board of Directors required or permitted to be taken at any meeting may be taken without a meeting if all of the members of the Board of Directors shall individually or collectively consent in writing to such action. Any such written consent shall be filed with the minutes of the proceedings of the Board of Directors.

Section 3.14.

Liability of the Board of Directors, Officers, Unit Owners and Association

(a) The Officers and members of the Board of Directors shall not be liable to the Association for any mistake or judgment, negligence or otherwise, except for their own individual willful misconduct or bad faith. The Association shall indemnify and hold harmless each of the Officers and Directors from and against all contractual liability to others arising out of contracts made by the Officers or the Board of Directors on behalf of the Association unless any such contract shall have been in bad faith or contrary to the provisions of the Act, the Declaration or these By-Laws. Officers and members of the Board of Directors shall have no personal liability to any Unit Owner with respect to. any contract made by them on behalf of the Association. Every agreement made by the Officers, the Board of Directors or the Managing Agent on behalf of the Association shall, if obtainable, provide that the Officers, the members of the Board of Directors or the Managing Agent, as the case may be, are acting only as agents for the Association and shall have no personal liability thereunder (except as Unit Owners), and that each unit Owner's liability thereunder shall be limited to the total liability thereunder multiplied by his Common Element interest.

b. The Association shall not be liable for any failure of water supply or other services to be obtained by the Association or paid for as a Common Expense, or for injury or damage to person or property caused by the elements or by the unit Owner of any Unit, or any person, or resulting from electricity, water, snow or ice which may leak or flow from any portion of the Common Elements or from any pipe, drain, conduit, appliance or equipment. The Association shall not be liable to any Unit Owner for loss or damage, by theft or otherwise, if articles which may be stored upon any of the Common Elements, no diminution or abatement of any assessments, as herein elsewhere provided, shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Common Elements or from any action taken by the Association to comply with any law, ordinance or with the order or directive of any municipal or other governmental authority.

ARTICLE IV

Officers

Section 4.01.

Designation

The principal Officers of the Association shall be the President, Vice President, the Secretary and the Treasurer, all of whom shall be elected by the Board of Directors. The Board of Directors may appoint an assistant treasurer, an assistant secretary and such other officers as in its judgment may be necessary. The President shall be a member of the Board of Directors. All other Officers shall be Unit Owners or spouses of Unit Owners.

Section 4.02.

Election of Officers

The Officers of the Association shall be elected annually by the Board of Directors at the organization meeting of each new Board of Directors and shall hold office at the pleasure of the Board of Directors.

Section 4.03.

Removal of Officers

Upon the affirmative vote of a majority of all members of the Board of Directors any officer may be removed, either with or without cause, and a successor may be elected at any regular meeting of the Board of Directors or at any special meeting of the Board of Directors called for such purpose.

Section 4.04.

President

The President shall be the chief executive Officer of the Association; preside at all meeting of the Association and of the Board of Directors; and have all of the general powers and duties which are incident to the office of president generally including, without limitation, the power to appoint committees from among the Unit Owners from time to time as the President may in his discretion decide is appropriate to assist in the conduct of the affairs of the Association.

Section 4.05.

Vice President

The Vice President shall take the place of the President and perform the duties of the President whenever the President shall be absent or unable to act. If neither the President nor the Vice President is able to act, the Board of Directors shall appoint some other member of the Board of Directors to act in the place of the President on an interim basis. The Vice President shall also perform such other-duties as shall from time to time be imposed upon him by the Board of Directors or by the President.

Section 4.06.

Secretary

The Secretary shall keep the minutes of all meetings of the Association and the Board of Directors; have charge of such books and papers as the Board of Directors may direct; maintain a register setting forth the place to which all notices to Unit Owners and others shall be delivered; and, in general, perform all the duties incident to the office of Secretary.

Section 4.07.

Treasurer

The Treasurer shall have the responsibility for Association funds and securities and shall be responsible for keeping full and accurate financial records, and books of account showing all receipts and disbursements, and for the preparation of all required financial data, and shall report annually to the Unit Owners; make disbursements on behalf of the Association upon consent of the Board of Directors except as provided in Section 4.07; and be responsible for the deposit of all monies and other valuable effects in the name of the Board of Directors, the Association or the Managing Agent, in such depositories as may from time to time be designated by the Board of Directors; and, in general, perform all the duties incident to the office of Treasurer.

Section 4.08.

Execution of Documents

All Agreements, Contracts, Deeds, Leases, Checks and other instruments of the Association for expenditures or obligations in excess of Five Hundred and 00/100 Dollars ($500.00), and all checks drawn upon reserve accounts, shall be executed by any two persons designated by the Board of Directors. All such instruments for expenditures or obligations of Five Hundred and 00/100 Dollars ($500.00) or less, except from reserve accounts, may be executed by the Treasurer or anyone person designated by the Board of Directors.

Section 4.09.

Compensation of Officers

No Officer who is also a Director shall receive any compensation from the Association for acting as such Officer.

ARTICLE V

Operation of the Condominium

Section 5.01.

Determination of Common Expenses and Assessments Against Unit Owners

a. Fiscal Year. The fiscal year of the Association shall be the calendar year unless otherwise determined by the Board of Directors.

b. Preparation and Approval of Budget.

i.) On or before the fifteenth (15th) day of November of each year, the Board of Directors shall adopt a budget for the Association containing an estimate of the total amount considered necessary to pay the cost of maintenance, management, operation, repair and replacement of the Common Elements and those parts of the Units as to which it is the responsibility of the Board of Directors to maintain, repair and replace, and the cost of wages, materials, insurance premiums, services, supplies and other expenses that may be declared to be Common Expenses by the Act, this Declaration or a resolution of the Association and which will be required during the ensuing fiscal year for the administration, operation, maintenance and repair of the Property and the rendering to the Unit Owners of all related services.

ii.) Such budget also include such reasonable amounts as the Board of Directors considers necessary to provide working capital, a general operating reserve and reserves for contingencies and replacements.On or before the next succeeding first day of December the Board of Directors shall send to each Unit Owner a copy of the budget in a reasonable itemized form which sets forth the amount of the Common Expenses and any special assessment payable by each Unit Owner. Such budget shall constitute the basis for determining each Unit Owner's assessment for the Common Expenses of the Association.

c. Assessment and Payment of Common Expenses. The total amount of the estimated funds required for assessments for the operation of the Condominium set forth in the budget adopted by the Board of Directors shall be assessed against each Unit Owner in proportion to his respective Common Element interest. However, no assessment shall be made against the Declarant as to any Unit completion of which has not been certified by the Declarant in an instrument filed with the Board of Directors. Sale of any such Unit by the Declaration shall be deemed to ,be the completion of the Unit and the Unit Owner shall thereupon be assessed as provided herein.

d. Reserves. The Board of Directors shall build up and maintain reasonable reserves for working capital, operations, contingencies and replacements.

e. Effect of Failure to Prepare or Adopt Budget. The failure or delay of the Board of Directors to prepare or adopt a budget for any fiscal year shall not constitute a waiver of release in any manner of a Unit Owner's obligation to pay his allocable share of the Common Expenses as herein provided whenever the same shall be determined and, in the absence of any annual budget or adjusted budget, each Unit Owner shall continue to pay each monthly installment at the monthly rate established for the previous fiscal year until notice of the monthly payment which is due more than ten days after such new annual or adjusted budget shall have been delivered.

Section 5.02.

payment of Common Expenses

Each Unit Owner shall pay the Common Expenses assessed by the Board of Directors. No Unit Owner may exempt himself from liability for his contribution toward Common Elements or by abandonment of his Unit. Prior to or after the time of any conveyance of a Unit by a Unit Owner, all liens, unpaid charges and assessments shall be paid in full and discharged. The purchaser of a Unit shall be jointly and severally liable with the selling Unit Owner for all unpaid assessments against the latter for his proportionate share of the Common Expenses up to the time of recording of the conveyance, without prejudice to the purchaser's right to recover from the selling Unit Owner amounts paid by the purchaser therefore; provided, however, that any such purchaser shall be entitled to a statement setting forth the amount of the unpaid assessments against the selling Unit Owner within five (5) days following a written request therefor to the Board of Directors or Managing Agent and such purchaser shall not be liable for, nor shall the Unit conveyed be subject to a lien for, any unpaid assessments in excess of the amount therein set forth; and provided, further, that each mortgagee who comes into possession of a Unit by virtue of foreclosure (or by virtue of a deed or assignment in lieu of foreclosure or any purchaser at a foreclosure sale, shall take the Unit free from any claims for unpaid assessments or charges against such Unit which becomes. due or accrue prior to the acquisition of title to such Unit by the mortgagee).

Section 5.03.

Collection of Assessments

The Board of Directors or the Managing Agent, at the request of the Board of Directors, shall take prompt action to collect any assessments for Common Expenses due from any Unit Owner which remain unpaid for more than thirty (30) days from the due date for payment thereof. Any assessment, or installment thereof, not paid within fifteen (15) days after due shall accrue a late charge at the legal rate of interest on the overdue assessment or installment. The Unit Owner shall also be liable for and pay to the Association all costs of collection, including reasonable attorney's fees.

Section 5.04.

(a) statement of Common Expenses. The Board of Directors shall promptly provide any Unit Owner, contract purchaser or mortgagee so requesting the same in writing with a written statement of all unpaid assessments for Common Expenses due from such Unit Owner. The Board of Directors may impose a reasonable charge for the preparation of such statement to cover the cost of preparation.

(b) statement of Default. The Board of Directors shall promptly notify any mortgagee of any Unit, upon request, of any default in the performance of the Unit Owner of any obligation pursuant to the Declaration, the By-Laws and the rules and regulations which is not cured within sixty (60) days.

Section 5.05.

Insurance

(a) The Board of Directors shall obtain and maintain, to the extent available, master policies of insurance, as specified, naming the Association as insured (for the use and benefit of the Unit Owners and mortgagees) as their respective interests may appear:

i.) Casualty or physical damage insurance on the Buildings and all other insurable improvements forming part of the property including Units (but excluding the furniture, furnishings and other personal property of the Unit Owners therein), together with the service machinery, apparatus, equipment and installations located in the buildings, and existing for the provision-of central services or for common use, in an amount not less than one hundred (100%) percent of their full replacement value (exclusive of foundations) as determined by the Directors in their judgment (and all policies shall therefore contain a replacement cost valuation endorsement, so-called or the equivalent) against (1) loss or damage by fire or other hazards covered by the extended coverage endorsement, together with coverage for the payment of Common Expenses with respect to damaged Units during the period of reconstruction, and (2) such other hazards and risks as the Directors from time to time in their discretion shall determine to be appropriate, including but not limited to, vandalism, malicious mischief, windstorm and water damage, boiler and machinery explosion or damage, and plate glass damage. Certificates of such insurance and all renewals thereof, together with proof of payment of premiums, shall be delivered by the Directors to all Unit Owners and their mortgagees upon request, at least ten (10) days prior to the expiration of the then current policies.

ii.) Comprehensive public liability insurance and property damage insurance in such amounts and forms as shall be determined by the Directors, governing the Association, the Directors, all of the Unit Owners and any managing Agent of the property, with limits of not less than $500,000.00 for injury, including death, to a single person,

$1,000,000.00 for claims for bodily injury (including death) or property damage arising out of a single occurrence and a minimum of $100,000.00 for property damages.

iii.) Workmen's compensation and employer's liability insurance covering any employees of the Association.

iv.) Such other insurance as the Directors shall determine to be appropriate and such other insurance as may from time to time be required by law.

Such master policies shall contain, to the extent available and obtainable, (1) waivers of subrogation as to any claims against the Association, the Directors and their agents and employees, and against the Unit Owners and their respective employees, agents and guests, (2) waivers of any defense based on the conduct of any insureds, if available at premiums reasonably satisfactory to the Board of Directors and (3) provisions to effect that the insurer shall not be entitled to contribution as against casualty insurance which may be purchased by individual Unit Owners as hereinafter permitted, if available at premiums reasonably satisfactory to the Board of Directors.

b. Separate Insurance. Each Unit Owner shall have the right, at his own expense, to obtain insurance for his own Unit and for his own benefit and to obtain insurance coverage upon his personal property and for his personal liability as well as upon any improvements made by him to his Unit under coverage normally called "improvements and betterments coverage"; provided, however, that no Unit Owner shall be entitled to exercise this right to acquire or maintain such insurance coverage so as to decrease the amount which the Board of Directors, on behalf of all Unit Owners, may realize under any insurance policy maintained by the Board or to cause any insurance coverage maintained by the Board to be brought into contribution with insurance coverage obtained by a Unit Owner. All such policies shall contain waivers of subrogation if available. No Unit Owner shall obtain separate insurance policies on the Condominium except as provided in this Section.

Section 5.06.

Lien for Assessments

The total annual assessment of each Unit Owner for Common Expenses or any special assessment of any other sum duly levied and any late charges and costs of collection, made pursuant to the Declaration, is hereby declared to be a lien levied against the Unit of such Unit Owner as provided in Section 1323 of the Act.

Section 5.07.

Maintenance, Repair, Replacement and Other Common Expenses.

a. By the Board of Directors. The Board of Directors shall be responsible for the maintenance, repair and replacement unless, if in the opinion of not less than a majority of the Board of Directors such expense was necessitated by the negligence, misuse or neglect of a unit owner) of all the Common Elements.

b. By the unit Owner. Each Unit Owner shall keep his Unit and its equipment, appliances and appurtenances in good order, condition and repair and in a clean and sanitary "condition, and shall do all redecorating, painting and varnishing which may at any time be necessary to maintain the good appearance and condition of his Unit. In addition, each Unit Owner shall be responsible for all damage to any other Units or to the Common Elements resulting from his failure to make any of the repairs required by this Section.

c. Manner of Repair and Replacement. All repairs and replacements shall be Substantially similar to the original construction and installation and shall be of first class quality. The method of approving payment vouchers for all repairs and replacements shall be determined by the Board of Directors.

Section 5.08.

Restrictions on Use of Units; Rules and Regulations

a. Each Unit and the Common Elements shall be occupied and used as follows:

1.) No Unit shall be used for other than housing and the related common purposes for which the property was designed. The Board of Directors may permit reasonable, temporary non-residential uses from time to time. Nothing in these By-Laws shall be construed to prohibit the Declarant from using any Unit owned by Declarant for promotional, marketing or display purposes or from using any appropriate portion of the Common Elements for settlement of sales of Units.

2.) Nothing shall be done or kept in any Unit or in the Common Elements which will increase the rate of insurance for the Condominium or any part thereof applicable for residential use without the prior written consent of the Board of Directors. No Unit Owner shall permit anything to be done or kept in his Unit or in the Common Elements which will result in the cancellation of insurance on the Condominium or any part thereof or which would be in violation of any law, regulation or administrative ruling. No waste shall be committed in the Common Elements.

3.) No immoral, improper, offensive or unlawful use shall be made of the Condominium or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental agencies having jurisdiction thereover shall be observed. All laws, orders, rules, regulations or requirements of any governmental agency having jurisdiction thereover relating to any portion of the Condominium shall be complied with, by and at the sole expense of the Unit Owner or the Board of Directors, whichever shall have the obligation to maintain or repair such portion of the Condominium, and, if the latter, then the cost of such compliance shall be a Common Expense.

4.) No Unit Owner shall obstruct any of the Common Elements nor shall any Unit Owner store anything upon any of the Common Elements (except in those areas designated for such storage by the Board of Directors) without the approval of the Board of Directors. Vehicular parking upon the Common Elements may be regulated or assigned by the Board Of Directors. Nothing shall be altered or constructed in or removed from the Common Elements except upon the prior written consent of the Board of Directors.

5.) The Common Elements shall be used only for the furnishing of the services and facilities for which the same are reasonably suited and which are incident to the use and occupancy of the Units.

6.) No Unit shall be rented for transient or hotel purposes or in any event for an initial period of less than six (6) months. No portion of any Unit (other than the entire Unit) shall be leased for any period. No Unit Owner shall lease a Unit other than on a written form of lease requiring the lessee to comply with the Declaration, the By-Laws and the Association's Regulations, and providing that failure to comply constitutes a default under the lease. Each Unit Owner shall, promptly following the execution of any such lease, forward a conformed copy thereof to the Board of Directors. The foregoing provisions of this subparagraph shall not apply to the Declarant.

7.) Trailers, campers, recreational vehicles or boats may be parked on the Condominium only in parking areas designated exclusively for such purposes by the board of Directors. No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any of the Common Elements.

8.) The maintenance, keeping, boarding and/or raising of animals, livestock, poultry or reptiles of any kind, regardless of number, shall be and is prohibited within any Unit or upon the Common Elements, except that the keeping of small, orderly domestic pets (e.g., dogs, cats or caged birds) not to exceed one per Unit without the approval of the Board of Directors, is permitted, subject to the Rules and Regulations adopted by the Board of Directors; provided, however, that such pets are not kept or maintained for commercial purposes or for breeding and provided, further, that any such pet causing or creating a nuisance or unreasonable disturbance or noise shall be permanently removed from the property upon ten (10) days written notice from the Board of Directors. Such pet shall not be permitted upon the Common Elements unless accompanied by an adult and unless carried or leashed. Any Unit Owner who keeps or maintains any pet upon any portion of the property shall be deemed to have indemnified and agreed to hold the Condominium, each Unit Owner and the Declarant free and harmless from any loss, claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Condominium. All pets shall be registered with the Board of Directors and shall otherwise be registered and innoculated as required by law.

9.) Except for such signs as may be posted by the Delcarent for promotional or marketing purposes, no signs of any character shall "be erected, posted or displayed upon, in, from or about any Unit or Common Elements without the prior written approval of the Board of Directors.

10.) Open burning on any portion of the property is prohibited.

11.) All Units installing a stove that burns wood, coal, oil, gasoline, kerosene or any other combustible fuel, are required to submit to the Board of Directors or Managing Agent, a certificate of safety signed by a qualified party designated by the Board of Directors, verifying that the stove installation has been inspected and is in compliance with fire code regulations. All wood stove owners are required to have their chimney flues cleaned by a professional chimney sweep annually. The cost of the cleaning shall be paid by the Unit Owner. Verification of the annual cleaning must be submitted to the Board of Directors or the Managing Agent before October 1 of each year.

12.) The Association, by and through its Board of Directors, may enforce compliance with any term or provision of the Declarant and By-Laws by any appropriate proceeding at law seeking either legal or equitable remedies.

The Board of Directors, prior to any enforcement procedure set forth in the above, itself, or by and through its designated managing agent, shall give the Unit Owner notice, at the Condominium address, of the violation in issue. For this purpose, notice has been adequately given if certified mail is unclaimed for five (5) days.

If within fifteen (15) days of the date of mailing, the violation notice has not been remedied, the Board of Directors may institute legal proceedings.

In the event that legal proceedings are instituted, the unit Owner who is notified shall incur responsibility for reasonable legal fees, courts costs, sheriffs' fees, and other necessary costs associated with the legal proceedings. Such fees, and costs shall be imposed upon the Unit Owner if the legal proceeding is terminated in favor of the Association by Judgment, Order, Stipulation or otherwise. The Association may request that such fees and costs set forth above become a part of any Judgment or Order rendered in its favor.

The Board of Directors shall be empowered, in the interest of fairness and equity, to waive the imposition of the above fees and costs upon a Unit Owner, for good cause.

A Judgment or Order rendered in favor of the Association against a Unit Owner, for money damages, may be filed with the Clerk of the Town of Williston and upon filing shall become a lien upon the Unit or Units owned by the Defendant Unit Owner.

b. Each Unit and the Common Elements shall be occupied and used in compliance with the Rules and Regulations which may be promulgated and amended by the Board of Directors, including regulations as to noise. Copies of the Rules and Regulations shall be furnished by the Board of Directors to each Unit Owner. Amendments to the Rules and Regulations shall be conspicuously posted prior to the time when the same shall become effective and copies thereof shall be furnished to each Unit Owner upon request.

c. Water conservation will be obtained by use of low-flush closets, aerator faucets, and low flow showerheads and replacement of any such damaged or malfunctioning device shall be of the same make and model as that which was originally installed, or its equivalent.

ARTICLE VI

Miscellaneous

Section 6.01.

Amendment

These By-Laws may be amended by vote of Unit Owners of Units to which at least 75 percent of the votes in the Association.

Section 6.02.

Notices

All notices, demands, bills, statements or other communications shall be in writing and shall be deemed to have been duly given if delivered personally or if sent postage prepaid (i) if a Unit Owner, at the address which the Unit Owner shall designation writing and file with the Secretary or, if no such address is designated, at the address of the Unit of such Unit Owner, or (ii) if the Association or the Board of Directors at the principal office of the Association or at such other address as shall be designated in writing to the Unit Owners pursuant to this Section.

Section 6.03.

Captions

The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of these By-Laws or the intent of any provisions hereof.

Section 6.04.

Gender

The use of the masculine gender in the By-Laws shall be deemed to include the feminine and neuter genders and the use of the singular shall be deemed to include the plural, and vice versa, whenever the context so requires.

AMMENDMENT

Adopted October 1995

Name of Association

Whereas, the Eastview Estates Association has formed a nonprofit corporation called Williston Eastview Estates Condominium Association, Inc. to perform all duties and obligations of the Eastview Estates Association as set forth in the Declaration of Condominium of Eastview Estates and Bylaws dated October 16, 1985 of record in Volume 14 at Pages 162-196 of the Town of Williston Land Records, and as amended on August 31, 1987 of record in Volume 16 at Page 470.

Whereas the Association desires to amend the By-laws to limit the number of rental units within Eastview Estate Condominium; therefore said Declaration and By-laws are amended as follows:

1. All references to "Eastview Estates Association" and "Association" shall now be changed to Williston Eastview Estates Condominium Association, Inc.

2. The Eastview Estates Condominium Bylaws as amended herein are adopted as the By-laws of the Williston Eastview Estates Condominium Association, Inc.

3. All rules and regulations of Eastview Estates Condominium are adopted as the rules and regulations of Williston Eastview Estates Condominium Association, Inc.

Rental of Units

4. The owner of each unit shall occupy and use the unit as a private dwelling for his/her immediate or related family members. (This shall not be interpreted as to allow any violation of State or Federal Fair Housing Laws) The leasing of units to others will be limited at any time to twelve (12) of the units. No more than twelve (12) home units shall be non-owner occupied at any point in time. Any homeowner who wishes to lease hiS/her unit to another must apply to the Board of Directors. Each home unit that is leased to a person or persons not of the owner's family shall be leased with a written lease agreement, with an initial period of not less than six (6) months, approved by the Board of Directors of the Association and signed by the President of the Board or his/her designee. A home owner who has not received the Board's approval of a lease may not lease out his/her unit. Lease agreements that meet the conditions described herein will be approved by the Board of Directors as a matter of course until such time as twelve (12) units are leased, the Board will maintain a waiting list for owners wishing to rent out their units. Names of owners wishing to rent out their units will be added to the list on a first come, first serve basis. In case of death, illness, job transfer, or another catastrophic situation, the owner may apply to the Board of Directors for a "hardship exception" to the leasing limit. By a vote of three-fifths (3/5) of its members, the Board may grant a "hardship exception" and allow the owner to lease his/her unit for a period of not more than twelve (12) consecutive months, after which a month-to-month extension may be granted if the hardship continues. Hardship exceptions will be granted on a case-by-case basis. A hardship exception may not be granted based only on a decision to move.

5. The President of the Board of Directors or his/her designee must approve of a lease agreement and his/her signature must be affixed on the lease agreement for the lease agreement to be completed. The home unit owner shall provide the President of the Board of Directors with a copy of the lease agreement within ten days of completion of the agreement.

6. Nothing in this By-Law applies to units which are under lease or month-to-month tenancy as of the date of this adoption. These units may be kept as lease/rental units forever, until they are sold. When sold they fall under all regulations of this By-Law. If twelve (12) units are rented at the time of sale and there is a waiting list and the new owners want to rent, he/she will be added to the bottom of the list. From then on, the unit will fall under all regulations of this By-Law.

7. If, at the time of the adoption of this By-Law, more than twelve (12) units are on the lease/rental list, any units coming up for sale must be sold to owners who will live in them. This will continue until the number of lease/rental units has dropped to or below twelve (12), upon which all other rules of priority will take precedence.

8. At the time of the adoption of this By-Law and twelve (12) units have been leased, unit owners will be notified that they have thirty (30) days in which to submit requests that their names be placed on the waiting list to rent their unit. At the end of that thirty (30) day period, a lottery will be held to determine the order of priority among unit owners. Thereafter, priority on the waiting list shall be determined on a first come, first serve basis. Any home unit owner who is given authorization to rent his/her unit as a result of his/her name having reached the top of the waiting list, but who cannot or does not rent that unit within sixty (60) days of notification of his/her entitlement thereto, shall have his/her right extinguished subject to resubmitting his/her name at the end of the existing list.

9. A homeowner who violates this rule shall be fined twenty dollars ($20.00) for each day on which violation continues.

Adopted by a three quarter majority of the unit owners at a special meeting duly noticed on the 7th day of August, 1995.

FOR REFERENCE PURPOSES ONLY. PLEASE REFER TO YOUR COPY OF THE BYLAWS FOR ACTUAL TEXT AND CONTENTS.

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