Declaration of Horizontal Property Section 1

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This Declaration is made on July 8, 1988, by Jamison Development Partnership, an Indiana General Partnership (the "Declarant").

 

Recitations:

A. Declarant is the owner of the fee simple title to the real estate (the "Tract") described in Exhibit "A" attached to and a part of this Declaration, which Tract is located in St. Joseph County, Indiana.

 

B. Declarant, by execution of the Declaration hereby creates a Horizontal Property Regime upon the Tract, subject to the provisions of the Horizontal Property Act of the State of Indiana and the terms and conditions of this Declaration, which Horizontal Property Regime shall have the name Jamison Residential Condominiums.

 

NOW, THEREFORE, Declarant hereby makes this Declaration as follows:

 

1. Definitions

 

The following terms, as used in this Declaration, unless the context clearly requires otherwise, shall mean the following:

(a) "Act" means the Horizontal Property Act of the State of Indiana, Acts 1963, Chapter 349 (Indiana code 32-1-6), as amended and/or supplemented. The Act is incorporated herein by reference.

(b) "Association" means Jamison Residential Association, Inc., an Indiana not-for-profit corporation, in which each Owner of a Unit in the Regime is a member.

(c) "Board of Directors" means the governing body of the Association elected by the Owners in accordance with the By-Laws.

(d) "Buildings" mean the Buildings located or to be located on the Tract in which all units are located, each such Building being three stories with basements.

(e) "By-Laws" means the by-Laws of the Association providing for the administration and management of the Property and the Regime as required by the Act. A true copy of the By-Laws is attached to this Declaration and incorporated herein by reference, and is recorded in the records of the Recorder of St. Joseph County, Indiana, immediately following this Declaration on the same date.

(f) "Common Areas" means the Common Areas and facilities appurtenant to the Property as defined in paragraph 6 of this Declaration.

(g) "Common Expenses" means all sums lawfully assessed against the Owners by the Association, expenses of administration, maintenance, repair or replacement of the Common Areas and facilities, expenses agreed upon as Common Expenses by the Association, and expenses declared Common Expenses by the provisions of the Act, the Declaration, or By-Laws, but may not include any direct or indirect expenses arising out of the rental of any Unit or any of the Common Areas.

(h) "Declarant" is Jamison Development, an Indiana General partnership, or any successor to it in title to the Tract, or any mortgagee acquiring title to all or any portion of the Property pursuant to a mortgage executed by the Declarant.

(i) "Limited Areas" means the Limited Common Areas and facilities as defined in paragraph 7 of this Declaration.

(j) "Mortgagee" means the holder of the first mortgage lien on all or any part of the property and the holder of the first mortgage lien on a Unit which has given written notice of its mortgage lien to the Association.

(k) "Jamison Residential" is the name by which the Property and the Regime shall be known.

(l) "Owner" or "Co-Owner" means a person, firm, corporation, partnership, association, trust or other legal entity or any combination thereof which owns the fee simple title to a Unit.

(m) "Percentage Interest" means the percentage of undivided interest in the fee simple title of the Common Areas and Limited Areas appertaining to each Unit as specifically set forth in Exhibit "C", attached to and a part of this Declaration.

(n) "Percentage Vote" means that percentage of the total vote accruing to all of the Units which is pertinent to each particular Unit and accrues to the Owner thereof. The percentage vote to which each Owner shall be entitled on any matter upon which the Owners are entitled to vote shall be in the same Percentage interest appurtenant to such Unit as set forth in Exhibit "C".

(o) "Plans" means the floor plans and building plans of the buildings and apartment prepared by Architecture Design Group, Registered Architects, under the date of March 19, 1988, and recorded on July 20, 1988, in the records of the Recorder of St. Joseph County, Indiana, Condominium Plat Book 2 as instrument No. 8819325, as the same may be amended from time to time, the Declarant reserving the right to amend such plans in a manner consistent with the plans filed for record in the Office of the Recorder of St. Joseph County, Indiana, and to amend and supplement said plans by plans which may be prepared subsequently and incorporated as a part of this Declaration by amendment to this Declaration, all of which are incorporated herein by this reference.

(p) "Property" means the Tract and appurtenant easements, the Units, the Buildings, improvement and property of every kind and nature whatsoever, real, personal or mixed, located upon the Tract, including such property located on any additions or annexations thereto.

(q) "Regime" means the Horizontal Property Regime created by the recording of this Declaration.

(r) "Tract" means the real estate described in Exhibit "A", attached to and a part of this Declaration.

(s) "Unit" means one of the living units constituting Jamison Residential, each Unit being more particularly described and identified on the Plans and in paragraphs 4 and 5 of this Declaration. Each Unit includes the undivided interest in the Common Areas and Limited Areas appertaining to such Unit.