Prepared By:______

Caroline Record, Esq.

NOLAN’S RIDGE AT MT. ARLINGTON

CONDOMINIUM ASSOCIATION, INC.

RESOLUTION REGARDING MOVE-IN/MOVE-OUT

AND DELIVERY PROCEDURES

P R E A M B L E

  1. The Amended and Restated Master Deed of Nolan’s Ridge at Mt. Arlington Condominium Association, Inc. (the “Association”), as thereafter amended (the “Master Deed”), and was recorded in the Morris County Clerk’s Office in Deed Book 21034, Page 0976 et seq. on March 12, 2008.
  2. Article VI, Section 6.01, Paragraph E of the By-Laws states that the Board of Trustees of the Association (the “Board”) has the power, among others, to adopt, amend and publish rules and regulations covering the details of the operation and use of the Common Elements.
  3. Article VI, Section 6.01 provides that the Association is responsible for furnishing the upkeep, maintenance, repairs and replacements for the operation and use of the common elements; and
  4. Article VI, Section 6.01 provides that if damage is caused to the common elements due to the negligent act or omission of any unit owner, resident and/or tenant, or any guest or representative thereof, the unit owner shall be liable and must pay for any such damages and expenses, including any attorneys’ fees; and
  5. Article VI, Section 6.01 provides that the Board shall have the power to adopt, amend and publish such Rules and Regulations covering the details of the operation and use of the common elements; and
  6. Article VI, Section 6.01 provides that every unit owner, resident and/or tenant of the Association must comply with the Master Deed and By-Laws, and Rules and Regulations, as amended, and failure to comply is grounds for levying a fine and/or other remedial action; and
  7. It is the intent of the Board to establish a uniform policy and procedure for the move-in move-out of unit owners, residents and/or tenants as well as for the delivery of large items in the 4 multi-unit buildings.

NOW, THEREFORE, BE IT RESOLVED on this _____ day of ______, 2015 that the Board hereby adopts the following Resolution:

  1. The Board hereby adopts a policy for the move-in, move-out of unit owners, residents and/or tenants as well as for the delivery of large items, attached hereto as Exhibit A, as if set forth in detail herein.
  2. Notwithstanding the above, the Association may exercise all rights and remedies available to it at law, in equity and/or pursuant to the Governing Documents.
  3. Any provision contained in any previously adopted resolution of the Association that conflicts with any provision set forth herein shall be deemed void and the provision contained herein shall govern.

NOTICE AND RECORDING. The Associations’ Managing Agent is authorized and directed to prepare correspondence, in appropriate form and substance, and thereafter circulate same, along with a copy of this Resolution, to all Unit Owners. The Association also authorizes and directs its legal counsel to arrange for recordation of a copy of this Resolution with the Morris County Clerk’s Office in order to establish the recording of this clarification to the Master Deed in the chain of title. The Morris County Clerk is authorized and requested to annotate the Master Deed (for example, by reference in the margin) to reference the recording of this amendment.

ATTEST:NOLAN’S RIDGE AT MT. ARLINGTON

CONDOMINIUM ASSOCIATION, INC.

By:

, Secretary , President

STATE OF NEW JERSEY}

} SS:

COUNTY OF MORRIS}

I certify that on ______, 2015, ______personally came before me and acknowledged under oath, to my satisfaction, that she/he is the Secretary of Nolan’s Ridge at Mt. Arlington Condominium Association, is the attesting witness to the signing of this document by the proper corporate officer who is ______, the President of the corporation; this document was signed and delivered by the corporation as its voluntary act duly authorized by a proper Resolution; she/he knows the proper seal of the corporation which was affixed to this document; and she/he signed this proof to attest to the truth of these facts.

______

, Secretary

Signed and sworn to before me this

_____ day of______, 2015

Notary Public

RECORD AND RETURN TO

Caroline Record, Esq.

Hill Wallack LLP

89 Headquarters Plaza

Morristown, NJ 07960

EXHIBIT A

THESE STEPS SHOULD BE COORDINATED WITH THE MANAGEMENT OFFICE for Moving Into the Building, Moving Out of the Building, Relocating to a Different Unit, Deliveries or Transporting Large Items (in or out of the property).

  1. To schedule a move or delivery you must contact the Management Office at (973) 398-6609, at least 5 days before the actual move or delivery date as they are scheduled on a FIRST COME FIRST SERVE BASIS.
  1. Move-Ins / Move-Outs / Deliveries are permitted Monday through Friday 9:00 am to 5:00 pm. No moves or deliveries are permitted on holidays (New Year’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas Eve, Christmas, and New Year’s Eve).
  1. A $150.00 non-refundable administrative fee must be move in and out to the Management Office. The non-refundable fee must be paid in the form of a money order or certified check made payable to “Nolan’s Ridge at Mt. Arlington Condominium Association, Inc.”
  1. Unit Owners/Residents will be charged accordingly for any damage to the common areas caused during their move-in/move-out and/or deliveries.
  1. The garage area is to be used for all moves and deliveries. Delivers should come through the garage and vendors should use the stairwell closest to the unit for a delivery. If your delivery will be brought into the building through the front entrance and the elevator set up is required, the cost of set up will be $80.00 Owners will be required to accompany the delivery and report any damage to the hallway, elevator, walls etc., Owners are required to remove all boxes, containers etc., from the site. Owners will be responsible for clean up after the delivery.
  1. If a commercial mover/carrier/vendor is performing the move/delivery, a Certificate of Insurance (Accord #25 or equivalent) naming Nolan’s Ridge at Mt. Arlington Condominium Association, Inc., Inc. and A&R Midstate Management LLC as additional insured, must be presented to the management office before the Move Permit is issued. If a commercial carrier is not performing the move/delivery the resident must execute an agreement to be responsible for all damages and indemnifying the Condominium Association, its Officers and Directors and the Managing Agent against loss as a result of property damage and / or bodily injury including reasonable legal fees and court costs, in written form satisfactory to the Condominium Association. The signed agreement must be provided to the Management Office prior to the reservation time. This is requires for all moves/deliveries that will use the common hall or elevator

Please allow enough time to complete your move. No moves/deliveries are permitted on Holidays.

A MOVE PERMIT MUST BE OBTAINED FROM THE MANAGEMENT OFFICE, COMPLETED IN FULL AND DELIVERED TO THE MANAGEMENT OFFICE BEFORE ANY MOVE-IN/OUT OR DELIVERY WILL BE SCHEDULED. THE FEES WILL BE PLACED ON ALL SETTLEMENT STATEMENTS. Also a DELIVERY FORM should be completed and a delivery permit will be issued.

Please be sure to advise your attorney and real estate agent of the procedures.

*Anyone who moves in/out or receives a delivery that would require a reservation of the service elevator without authorization from the management office will be fined accordingly. Fines will be billed to the Unit Owners account.

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