Declaration of Covenants, Restrictions and Ammendments
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- PUD The Interlaken Planned Unit Development
- Article I Definitions
- Article II Membership and Voting Rights in the Association
- Article III – – Deliberately Omitted – –
- Article IV Property Rights in the Common Area
- Article V Assessments
- Article VI Party Walls
- Article VII Architectural Standards Committee
- Article VIII Exterior Maintenance
- Article IX Restrictions
- Article X General Provisions
- Appendix Schedule “A”
The Interlaken Planned Unit Development (PUD)
This AMENDED DECLARATION made this day of 2010 by INTERLAKEN HOMEOWNERS ASSOCIATION, INC. a New York Not-For-Profit Corporation, herein after referred to as “Association,” modifies the original Declaration of Covenants recorded in the Saratoga County Clerk’s Office, 18 December 1985, Sheet 1106, Book 1106 of Deeds at page 302.
WHEREAS, Association is the owner of the real property described in Schedule “A” attached hereto and made a part hereof and has created thereon a residential community with permanent trails, open spaces, recreational areas and other common facilities for the benefit of the said community; and
WHEREAS, Association desires to provide for the continued “preservation” of the values and amenities in said community and for the maintenance of said trails, open spaces, recreational areas and other common facilities; and to this end, desires to subject said Schedule “A” real property to the covenants, restrictions, easements, charges and liens hereinafter set forth, all of which is and are for the benefit of said property and each Owner thereof; and
WHEREAS, Association has deemed it desirable, for the efficient preservation of the values and amenities in said community, to be delegated and assigned the powers of maintaining, administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and
WHEREAS, Association has incorporated under the laws of the State of New York, as a Not-For-Profit Corporation, for the purpose of exercising the functions aforesaid.
NOW THEREFORE, Association declares that the real property described in Schedule “A” is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as “Covenants and Restrictions”) hereinafter set forth.
Article I Definitions
The following words when used in this Declaration shall have the following meanings:
shall mean and refer to Interlaken Homeowners Association, Inc.
B “The Properties”
shall mean and refer to all such properties subject to this Declaration or any Supplemental Declaration.
C “Common Area”
shall mean all real property owned by the Association for the common use and enjoyment of the owners.
D “Dwelling Unit”
shall mean any residential structure or portion of a structure situated on the properties and designed, designated and intended for use and occupancy as a residence by a single family.
shall be any plot of land upon which the filed map of the properties shows that a dwelling unit is to be built. The final description of each “lot” shall be the metes and bounds description by which said lot is actually conveyed to an owner. There shall be 125 Lots in the community (e.g., a triplex structure consists of three Lots).
shall mean and refer to the record Owner(s), whether one or more persons, including the spouse of such record Owner, of a fee simple title to any Lot and the Dwelling Unit thereon which is a part of the Properties, lind shall also include residents of a Dwelling Unit where the fee simple title to the Lot and the Dwelling Unit thereon is held in a revocable or irrevocable trust by a trustee or trustees, individual or corporate, including themselves, solely for tax, investment or other purposes, but excluding those residents who rent a Lot and Dwelling Unit from an Owner, and those having such interest merely as security for the performance of an obligation.
shall mean and refer to each person or entity entitled to membership as provided in Article II Section I of the Dec1aration.
H “Architectural Standards Committee”
shall mean the committee appointed by the Board of Directors of Interlaken Homeowners Association, Inc., the powers and duties of which are hereinafter described in Article VII.
I “Party Wall”
shall mean and refer to the entire wall, from front to rear, all or a portion of which is used for support or enclosure of each adjoining dwelling unit, which wall is to be situate, or intended to be situate, on the boundary line between adjoining lots.
shall mean and refer to the Board of Directors of the Association.
K “Gender Neutral Language”
Whenever the masculine singular form of the pronoun is used in this Declaration of Covenants and Restrictions, it shall be construed to mean masculine, feminine or neuter, singular or plural whenever the context so requires.
Article II Membership and Voting Rights in the Association
Section 1 Membership
Every Owner shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot and Dwelling Unit which is subject to assessment by the Association.
Section 2 Voting Rights
Members shall be entitled to one vote for each Lot and Dwelling Unit of which he is the Owner. When more than one person is the Owner of any Lot and Dwelling Unit, all such persons shall be Members, and the vote for such Lot and Dwelling Unit shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any such Lot and Dwelling, Unit.
Article III – – Deliberately Omitted – –
Article IV Property Rights in the Common Area
Section 1 Members’ Easements of Enjoyment
Every Member shall have a right and easement of enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
(a) the right of the Board to suspend the right to the use of the recreational facilities by a Member for any period during which any assessment remains unpaid and for any infraction of its published rules and regulations.
(b) the right of the Owner to use the paved driveway from the road right-of-way to the garage conveyed to that Owner, for access to the Owner’s garage and for the parking of automobiles of the Owner and of the Owner’s guests.
(c) the right of the Board to grant and reserve easements and rights of way in, through, under, over, and across the Common Area, for the installation, maintenance, and inspection of lines and appurtenances for public or private water, sewer, drainage, fuel oil and other utilities, and for the operation and maintenance of the Common Area.
(d) the right of the Board to dedicate or transfer any part of the Common Area to any public agency, authority or utility for such purposes and upon such condition as may be agreed upon by the Board, provided, however, any such dedication or transfer shall be approved by a majority (63 votes) of the total number of votes entitled to be cast by the Membership at a meeting duly called for such purpose, written notice of which shall be sent to all Members not less than fifteen (15) or more than thirty (30) days in advance of such meeting, which shall comply with Article III, Section 3 of the Association’s By-Laws. The quorum required at a meeting called for any action authorized pursuant to this Section 1 (d) shall be 60% (75 votes) of the total number of votes entitled to be cast by all the Members.
(e) the right of the Board, in accordance with its By-Laws, to borrow money for the purpose of improving the Common Area and facilities and in aid thereof to mortgage said Common Area and the rights of such mortgage in said Common Area. Such borrowing and mortgage, if any, shall be subject to the prior approval of fifty-one (5 1%) percent or sixty-three (63) votes of the total number of votes entitled to be cast by the Membership, at a meeting duly called for such purpose, written notice of which shall be sent to all Members, not less than fifteen (15) or more than thirty (30) days in advance of such meeting which shall comply with the requirements of Article III, Section 3 of the Association’s By-Laws. The quorum required at a meeting called for any action pursuant to this Section 1 (e) shall be sixty (60%) percent (75 votes) of the total number of votes entitled to be cast by all the Members. The lien of any mortgage on the Common Area shall be subordinate to the right of the Owners.
(f) the Covenants and Restrictions as to the use of said Common Area set forth in Article IX hereof.
(g) the right of the Association to charge reasonable fees for private use of the Clubhouse or Pavilion by Owners. Use or rental of any Interlaken facility by non-Owners is not permitted, with the exception of use of the Clubhouse by local government as a polling facility.
Section 2 Title to Common Properties
Any Member may delegate his right of enjoyment of the Common Area to his tenants and guests who reside in his Dwelling Unit, but may not delegate his voting rights as a Member.
Article V Assessments
Section 1 Creation of Lien and Personal Obligation of Assessments and Special Assessments.
Each Owner shall by acceptance of a deed for a Lot and Dwelling Unit, whether or not it shall be so expressed in any such deed or other conveyance, be deemed to covenant and agree to pay to the Association monthly assessments or charges and special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, and said amounts shall be a charge on the land and shall be a continuing lien upon the Lot and Dwelling Unit against which each such assessment or special assessment is made. Each such assessment and special assessment, together with interest thereon, the cost of collection and reasonable attorneys’ fees, shall also be the personal obligation of the person who was the Owner of such Lot and Dwelling Unit at the time when the assessment or special assessment became due. The personal obligation for a delinquent assessment or special assessment shall not pass to the successors in title to the Lot and Dwelling Unit unless expressly assumed by them.
Section 2 Purpose of Assessments
The assessments levied by the Board shall be used for promotion of the recreation, health, safety and welfare of the residents of the Properties, and for the improvement and maintenance of the Properties, services and facilities.
The Board shall be responsible for:
(a) maintenance of all the Common Area, including but not limited to maintenance of the roadways, driveways, jogging trails, children’s recreation equipment, buildings and structures, parking facilities, sewer, waterfront, beach and drainage systems, cutting grass, maintenance of landscaping, snow removal on walkways and roadways which are Common Area;
(b) management fees and expenses of administration;
(c) charges for utilities serving the Common Area and charges for other services for the development including trash collection and security services if any such services or charges are in fact paid by the Association;
(d) the cost of insurance coverage the Board determines to be in the interest of the Owners;
(e) the expenses of the ASC;
(f) property taxes assessed or levied against the Common Area;
(g) the establishment, preservation and monitoring of a reasonable Reserve Fund to be used for the maintenance and repair of the Common Area, and for the maintenance, replacement, repair and reconstruction of the Association’s equipment and facilities. The Board shall regularly monitor the Fund and use its best efforts to manage the Fund and expenses made therefrom in a manner consistent with sound management and in accordance with generally accepted account principles (“GAAP”). The Board may retain professional consultants to assist in the management of the Fund and to prepare, among other things, an analysis of the Reserve Fund and the Association’s facilities, and
(h) such other expenses as may be determined from time to time by the Board.
Section 3 Annual Assessments
(a) Every Lot and Dwelling Unit shall be subject to an annual assessment which shall be fixed by the Board within the maximum assessment amount, and be payable monthly. The Board may increase or decrease the annual assessment within the maximum assessment amount as it may deem necessary from time to time.
(b) The Board may increase or decrease the maximum assessment amount referred to in (a) above, as it may deem necessary from time to time provided however, such increase shall not exceed the lesser of three (3%) percent per annum or the Consumer Price index (CPI) calculated on December 31 of the preceding calendar year. The Board shall review the maximum assessment amount annually.
Section 4 Special Assessments
(a) In addition to the annual assessment(s) set forth in Section 3 herein, the Board may levy a special assessment(s) in any calendar year; provided, however, the special assessment only shall be approved by not less than fifty-one (51%) percent or sixty-three (63) Members voting in person or by proxy at a meeting duly called for such purpose, written notice of which shall be sent to all Members not less than fifteen (15) or more than thirty (30) days in advance of such meeting, which shall comply with Article III, Section 3 of the Association’s By-Laws. The quorum required at a meeting pursuant to this Section 4 (a) shall be sixty (60%) percent (75votes) of the total number of votes entitled to be cast by all the Members.
(b) The Board may also levy a special assessment in an amount necessary,
(i) for the emergency repair and/or reconstruction of damage to the sewer system, the roads, or any other of the Association’s buildings or facilities on the Common Area, and
(ii) for any other purpose deemed appropriate by the Board, but in such case not in excess of $500.00 for each Lot and Dwelling Unit in any calendar year.
(c) The due dates of such special assessment(s) shall be fixed by resolution of the Board, which resolution may include a provision for the payment of such assessment(s) in installments.
Section 5 Uniform Rate of Assessment
Both annual and special assessments shall be fixed at a uniform rate for each Lot and Dwelling Unit
Section 6 Date of Commencement of Annual Assessments: Due Dates
Any change in the annual assessment must be fixed by the Board at least thirty (30) days in advance of the commencement of the payment of such changed assessment. Notice of the assessment shall thereupon be sent to every Owner. The due dates shall be established by the Board.
Section 7 Effect of Non-Payment of Assessment; The Personal Obligation of the Owner; The Lien Remedies of the Association
(a) If an assessment is not paid on the date when due such assessment shall become delinquent and shall together with interest thereon and cost of collection thereof as hereinafter provided, become a continuing lien on the Lot and Dwelling Unit which shall bind such Lot and Dwelling Unit in the hands of the then Owner, his devisees, personal representatives and assigns.
(b) If an assessment is not paid within thirty (30) days after the due date, the Board may apply interest from the date of the delinquency at the then I.R.S. prevailing rate, or may apply a Late Fee. The Board may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the Lot and Dwelling Unit. There shall be added to the amount of such assessment the cost of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and reasonable attorney’s fees as fixed by the Court, together with the costs of the litigation.
(c) No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot and Dwelling Unit.
Section 8 Subordination of the Lien to Mortgages
The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. The lien of the assessment shall be superior to any homestead exemption now or hereafter provided by the laws of the State of New York. Sale or transfer of any lot shall not affect the assessment liens. However, the sale or transfer of any lot pursuant to mortgage foreclosures or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof.
Section 9 Exempt Property
All Properties to the extent of any easement or other interest therein dedicated and devoted to public use and the Common Area as defined in Article I, Section 1 hereof shall be exempt from assessment charges and liens created herein.
Article VI Party Walls
Section 1 Sharing of Repair and Maintenance
The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use.
Section 2 Destruction by Fire or Other Casualty
If a Party Wall is destroyed or damaged by fire or other casualty any Owner who has used the Wall may restore it, and if the other Owner thereafter makes use of the Wall, he shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owner to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions.
Section 3 Weatherproofing
Notwithstanding any other provision of this article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements.
Section 4 Right to Contribution Runs with the Land
The right of any Owner to contribution from any other Owner under this article shall be appurtenant to the land and shall pass to such owner’s successors in title.
Section 5 Arbitration
Any dispute arising concerning a Party Wall under the provisions of this Article, shall be determined by arbitration. Each party shall choose one arbitrator and such arbitrators shall choose one additional arbitrator. The decision shall be by a majority of all the arbitrators and shall be final and binding on the Owners.
Article VII Architectural Standards Committee (ASC)
Section 1 Composition of Committee; Criteria
The ASC shall consist of three (3) or more Members appointed by the Board and shall exercise its best judgment to see that all Owner improvements, construction, landscaping and alterations and repairs on lands within the Properties conform to and harmonize with existing Interlaken surroundings and structures. Exteriors of all structures shall be consistent with existing Interlaken architecture. All exterior walls shall be finished with wood, brick, approved vinyl siding and/or natural stone.
Section 2 Review and Approval by Committee
(a) No structure, (with the exception of the existing Dwelling Unit), including any accessory building, tennis court, swimming pool, flag pole, fence, clothes line, wall or weather vane shall be constructed or maintained by an Owner on any Lot or on the Common Area.
(b) Alterations, changes to and repainting of the exterior of a Dwelling Unit, including the deck area, if applicable, construction or reconstruction of a patio or walkway, landscaping, exterior lighting, reconstruction of the exterior of a Dwelling Unit partially or wholly damaged by fire, storm, or otherwise, or any other exterior improvement to a Dwelling Unit on the Common Area, shall be subject to the prior review and approval of the ASC in accordance with its rules and procedures. No work on a Dwelling Units exterior, Lot, or on the Common Area shall be undertaken by an Owner, contractor, or otherwise, until such approval by the ASC has been obtained in writing. The Owner shall provide the ASC with clear and relevant plans, drawings, sketches, specifications and such other documentation as it shall require.
(c) Any alteration to a Dwelling Unit or any structure on the Common Area, construction of which has been undertaken, partially completed, completed or maintained by an Owner without written approval of the ASC may be removed by the Board, through its authorized agents or employees, or required by the Board to be removed by the Owner. The Owner shall be responsible for the costs and expenses of such removal and if done by the Board, shall reimburse the Association for such costs and expenses.
Section 3 Procedures
(a) The ASC shall approve or disapprove or return for correction or clarification, all plans and requests within thirty (30) days after its first meeting following submission of such plans and/or requests. In the event the ASC fails to take any action within such thirty (30) day period such plans and/or requests shall be deemed approved, and this provision shall be deemed to have been fuliy complied with.
(b) If the ASC denies approval of any plans within this thirty (30) day period, then at the request of the Owner, the ASC decision shall be subject to review of the Board at its next regularly scheduled meeting. A majority vote by the Board may overrule the ASC decision and grant approval for such plans.
Section 4 Vote
A majority vote of the ASC is required for approval or disapproval of proposed improvements and/or repairs.
Section 5 Record Keeping
The ASC shall safely maintain a written record of each individual application, including any plans, drawings, sketches, specifications and other documentation submitted to it, in the office of the Association. Upon a written request to ASC or the Board a Member will be furnished with a copy of his unit’s documents in the ASC files.
Section 6 Liability
The Association, the Board, members of the Board, the ASC or members of the ASC, shall not be liable in damages to any Owner who has submitted a request for approval of a change, alteration, or other work, by reason of any action, inaction, approval, disapproval, or failure to approve or disapprove such request, or for removal of a structure, alteration or change made and/or maintained on a Lot or on the Common Area without the prior approval of the ASC in accordance with this Article VII.
Section 7 Access During Reasonable Hours
For the sole purpose of performing inspections in connection with the maintenance or repairs of a Dwelling Unit, the Association through its duly authorized agents or employees, including but not limited to Members of the ASC, shall have the right to enter upon any Lot, excluding the interior of the Dwelling Unit and garage area, at reasonable hours on any day including weekends.
Section 8 Board Review
The Board on its own motion may review an ASC decision at its next regularly scheduled meeting following the decision of the ASC and may override or modify the decision of the ASC by a vote of two-thirds (2/3) of the entire Board.
Article VIII Exterior Maintenance
The structure and grounds of each lot shall be maintained in a neat and attractive manner. All exterior surfaces requiring periodic painting, cleaning, washing or other maintenance shall be given such attention regularly and thoroughly so as to maintain a neat and clean appearance at all times. Upon the Owner’s failure to so do, the Architectural Control Committee may, at its option, after giving the Owner thirty (30) days written notice sent to his last known address, have the grass, weeds and vegetation cut when, and as often as, the same is necessary in its judgement, and have dead trees, shrubs and plants removed from any lot.
Upon the Owner’s failure to maintain the exterior of his Dwelling Unit in good repair and appearance the Board, on recommendation of the ASC may, at its option, after giving the Owner six (6) months written notice, make necessary repairs in a reasonable and workmanlike manner to improve the appearance of the Dwelling Unit, which repairs shall be at the Owner’s cost. The Owner shall reimburse the Association for any cost incurred by it pursuant to the provisions of this section, and such cost shall become a lien against the subject Lot and Dwelling Unit.
Each Owner shall obtain an appropriate Homeowner’s Policy insuring the Owner’s Dwelling Unit in an amount equal to th Unit’s full replacement value and furnish proof of such insurance to the Association.
Article IX Restrictions
The following restrictions are imposed upon each Lot and the Common Area for the benefit of each and all of the other Lots and Dwelling Units and the Common Area and may be enforced by the Owner of a Lot and Dwelling Unit. The Board shall be responsible for the enforcement of these restrictions, and may appoint one or more committees to carry out that responsibility.
1) No garbage, refuse, rubbish, or cuttings shall be deposited on any street, road, or on the Common Area or Lot unless placed in a suitable container suitably located, except as otherwise directed by the Association
2) No building material of any kind or character shall be placed upon any Lot except in connection with construction approved as provided in Article VII hereof. As soon as building materials are placed on any Lot construction shall be promptly commenced and diligently prosecuted.
3) No storage areas shall be so located as to be visible from a street, road, or the Common Area.
4) Any exterior lighting installed on any Lot and Dwelling Unit shall either be indirect or of such controlled focus and intensity so as not to disturb the residents of the adjacent Lot and Dwelling Unit.
5) Ornamental post lights shall be designed to be in keeping with the lighting fixtures at the street or road corners.
6) No animals, livestock, or poultry shall be raised, bred or kept in any Dwelling Unit or on any Lot, except that a combined maximum of two dogs or cats or other domesticated household pets, may be kept in a Dwelling Unit.
7) No used or previously erected or temporary house, structure, house trailer or nonpermanent outbuilding shall ever be placed, erected or allowed to remain on any Lot within the Properties except during construction.
8) Boats, trailers, trucks (excluding pick-up trucks and SUVs), campers, snowmobiles, mopeds or commercial vehicles shall not be parked or maintained in or on the Common Area except that nothing shall prevent the Association from maintaining non-motorized boats on the Common Area adjacent to Lake Lonely for use on Lake Lonely; provided, however, this shall not restrict trucks or commercial vehicles making pickups of deliveries to or in the Properties; trucks or commercial vehicles within the Properties which are necessary for the internal or external construction, or repair or replacement of a Dwelling Unit or of the Common Area.
9) None of the Lots may be improved, used, or occupied for other than private single family residential purposes.
10) No Dwelling Unit shall be rebuilt that exceeds a height of thirty-five (35) feet, as measured from the finished first floor level to the finished top floor level.
11) No Common Area frontage on Lake Lonely shall be used as a dock or boating facility for the operation, storage or docking of any motorboat or any water vehicle having a motor, inboard or outboard.
12) No motorcycles, mopeds, motorbikes, snowmobiles, or other similar vehicle not an automobile shall be operated or used on the Properties other than for egress or ingress to a Dwelling Unit.
Article X General Provisions
Section 1 Duration
The Covenants and Restrictions of this Declaration shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association, or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of fifty (50) years following the date this Declaration is recorded, after which time this Declaration shall automatically be extended for successive periods often (10) years.
Section 2 Amendments
This Declaration may be amended by not less than sixty (60%) percent or seventy-five (75) Members voting in person or by proxy at a meeting duly called for such purpose, written notice of which shall be sent all Members not less than fifteen (15) or more than thirty (30) days in advance of such meeting, which shall comply with the requirements of Article III, Section 3 of the Association’s By-Laws. The quorum required at such meeting shall be sixty-six (66%) percent or eighty-three (83 votes) of the total number of votes entitled to be cast by all the Members. Following approval, the amendment shall be properly recorded.
Section 3 Notices
Any notice required to be sent to any Member or Owner under the provisions of this Declaration may be sent by regular or electronic mall or such other method of written communication that may be developed to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing.
Section 4 Construction Easement
If any portion of an exterior wall of a Dwelling Unit is situated within three (3) feet of any adjoining Lot line, a valid easement shall and does exist, three feet in width along the adjoining Lot and adjacent to the said Lot line which easement may be used for the purpose of construction, reconstruction, and maintenance of said exterior wall of a residence that is situated within (3) three feet from the nearest point of said easement. The Owner of any Lot subject to this easement will not erect or build any structure which shall interfere with the purpose of said easement.
Section 5 Maintenance Easement
If any portion of a Dwelling Unit encroaches upon the Common Area or upon the easement of any adjoining Lot established under the provisions of Section 4 above, a valid easement on the surface and for subsurface support below such surface and for the maintenance of same, so long as it stands, shall and does exist.
Section 6 Permanent Easement
In the event that any portion of any structure as originally constructed, including any party wall, shall encroach on an adjoining Lot, such structure, party wall or shall not be deemed to be such an encroachment upon the adjoining Lot or Lots, and Owners shall neither maintain any action for the removal of a party wall or projection nor any action for damages. In the event there is such encroachment as described in the immediately preceding sentence, it shall be deemed that said Owners have granted perpetual easements to the adjoining Owners for continuing maintenance and use of the projection or party wall. The foregoing shall also apply to any replacements of any structures, party walls if same are constructed in conformance with the original structure, party wall. The foregoing conditions shall be perpetual in duration and shall not be subject to amendment of these Covenants and Restrictions.
Section 7 Enforcement
Enforcement of these Covenants and Restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any Covenant or Restriction, either to restrain violation or to recover damages, and against the land to enforce any lien created by these Covenants and Restrictions; and failure by the Association or any Owner to enforce any Covenant or Restriction therein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 8 Severability
Invalidation of any one or more of these Covenants or Restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. IN WITNESS WE[EREOF, I, being the President of the Board of Directors of the Interlaken Homeowners Association, Inc., have hereunto set my hand this 11TH DAY OF April, 2011
Appendix Schedule “A”
ALL that certain tract, piece or parcel of land situate in the City of Saratoga Springs (Outside District), Saratoga County, State of New York, and lying along the westerly line of New York State Route 9P and the northwesterly line of Union Avenue, also known as County Road No. 22; and being further bounded and described as follows:
BEGINNING AT A POINT in the northwesterly line of Union Avenue at the intersection of the common division line of lands now or formerly of Joseph C. Newman, as conveyed in Book ‘1031 of Deeds at page 104. on the southwest, with lands of Louis J. Farone, Jr., as conveyed in Book 965 of Deeds at page 526, on the northeast; and running thence along said common division line, the following two (2) courses:
(1.) North 43 deg. 11 mm. 30 sec. west, 165.00 feet tc a point;
(2.) South 31 deg. 21 mm. 00 sec. west, 141.32 feet to a point:
thence along the following four courses to a point in the northeasterly line of lands of Marian H. Abell, as conveyed in Book 825 of Deeds at page 597:
(1) North 47 degrees 00 minutes 50 seconds West, 36.09 feet to a point;
(2) South 42 degrees 59 minutes 10 seconds West, 19.60 feet to a point;
(3) South 47 degrees 00 minutes 50 seconds East, 40.13 feet to a point;
(4) thence again along said common division line of Newman and Farone south 31 degrees 21 minutes 00 seconds West 136.40 feet to a point In said Abell’s northeasterly boundary line; and running thence along the common division line of lands of said Abell and lands now or formerly of Margaret S. Farone as conveyed in Book 760 of Deeds at Page 101, on the southwest with lands of said Louis Farone,
on the northeast, the following two (2) courses:
(1.) north 43 deg. 11 mm. 30 sec. west, 903.99 feet to a point, said point being the northeast corner of lands of said Margaret S. Farone;
(2.) north 43 deg. 30 mm. 20 sec. west, 539.03 feet to a point in the east shore line of Lake Lonely; and running thence along said shore line, as it winds and turns, having the following four (4) tie lines’:
1.) north 11 deg. 23 mm. 10 sec. east, 141.82 feet to a point;
2.) north 29 deg. 57 mm. 30 sec. east, 313.08 foet to a point;
3.) north 11 deg. 56 mm. 10 sec. east, 126.61 feet to a point;
4.) north 02 deg. 31 mm. 40 sec. west, 104.73 feet to a point;
thence through the lands of Louis J. Farone, Jr., the following four (4) courses:
1.) north 45 deg. 19 nm. 30 sec. east, 472.75 feet to.a point;
2.) north 39 deg. 05 mm. 00 sec. east, 165.83 feet to a point;
3.) north 53 deg. 57 mm. 00 sec. east, 288.10 feet to a point;
4.) south 19 dog. 02 mm. 20 sec. east, 322.03 feet to a point;
said point being the northwest corner of lands of Interlaken Park,
Inc. as conveyed in Book 569 of Deeds at page 574; and running thence