Birchwood Crossings

Key facts from Birchwood Crossings's documents

Community type

Condominium

Legal name

Birchwood Crossings Residential Condominiums

Units / lots

8 (after amendment) (First Amendment, Article 2: 'the number )

Governing law

Horizontal Property Law of the Commonwealth of Kentucky, KRS 381.805 to KRS 381.910 (Master Deed, Preamble, Page 1)

Assessments & dues

Each unit owner's share of common expenses is the same percentage as the unit's undivided interest in the common elements (based on floor area ratio) (Master Deed, Article V(A) and Article II)

Collections & liens

Unpaid common expenses constitute a lien on the unit, prior to all other liens except first mortgage and tax liens. After 30 days default, council may sue to enforce and foreclose like a mortgage, including attorney fees (Master Deed, Article V(C))

Reserves & fees

During declarant control, board may not increase reserve fund beyond proportion of initial budget without declarant consent (Master Deed, Article VI(F)(3))

Leasing & rentals

Effective August 8, 2017, unit owners do NOT have the right to lease their unit. Existing leases at that date may continue, subject to disclosure and tenant liability for delinquent assessments (First Amendment, Article 4 (amending Art)

Architectural approval

Board must respond to written request for alteration/improvement affecting common elements within 30 days (Master Deed, Article II(G): 'obligation )

Signs & flags

Declarants may erect signs in unsold units and common elements for sales purposes; no other signs mentioned (Master Deed, Article II(D): 'erecting an)

Maintenance

Council responsibility (Master Deed, Article II(E)(1): 'includin)

Insurance

Council shall maintain insurance on buildings, common elements, personal property in common elements; coverage includes fire, extended coverage, vandalism, earthquake, plate glass, public liability, workers' compensation, and other as board (Master Deed, Article VIII(A) and (B))

Use restrictions

Each unit shall be occupied as a residence by one family only; no industry, trade, business, or profession except incidental business meetings or as permitted by board (Master Deed, Article II(D))

Voting & meetings

Amendments require vote of greater than 50% in interest in the common elements at a duly called meeting of unit owners (First Amendment, Recital C (citing Artic)

Amendments

Master Deed may be amended by vote of greater than 50% in interest in common elements at a duly called meeting of unit owners; during declarant control period, declarants may unilaterally amend under certain conditions (First Amendment, Recital C; Master Deed,)

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.