Orchards of Applegate

Key facts from Orchards of Applegate's documents

Reflects the 2002 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Condominium

Legal name

THE ORCHARDS OF APPLEGATE

Developer / declarant

THE ORCHARDS OF APPLEGATE, LLC

Governing law

Horizontal Property Law, Sections 381.805 through 381.910 of the Kentucky Revised Statutes (PAGE 1, WHEREAS clause)

Assessments & dues

At each annual meeting, Council fixes and determines amount deemed necessary for administration and common expenses for the current year, assessed against all units in accordance with individual percentage interests; based on budget prepare (ARTICLE V Section 2 of By-Laws, PAGE 19)

Special assessments

Additions, alterations, improvements costing over $25,000 require majority of co-owners and mortgagee approval; cost assessed as common charge. Additions under $25,000 may be made by Board without such approval. (ARTICLE V Section 11 of By-Laws, PAGE 24)

Collections & liens

Assessments constitute a lien against the unit from day of assessment; may be foreclosed like a mortgage; Board may sue for money judgment or foreclose; receiver may be appointed to collect rent (ARTICLE V Sections 4, 6, 7 of By-Laws, P)

Reserves & fees

Board may establish reserve fund for replacements as part of working capital fund (ARTICLE III Section 2(f) of By-Laws, PAG)

Pets

Yes, one or two common household pets per unit (ARTICLE V Section 8(d) of By-Laws, PAGE )

Leasing & rentals

Yes, owner may lease unit subject to provisions of Master Deed and By-Laws (ARTICLE V Section 8(n) of By-Laws, PAGE )

Parking & vehicles

Disabled cars prohibited on limited or general common elements (ARTICLE V Section 8(j) of By-Laws, PAGE )

Architectural approval

Prior written consent of Board required for any alteration to water, gas, electrical, or plumbing systems, or any structural addition, alteration or improvement in or to a unit (ARTICLE V Section 11 of By-Laws, PAGE 24)

Maintenance

Roof is part of General Common Elements, thus Association responsibility. (Master Deed THIRD (b): 'foundations, roo)

Insurance

Casualty insurance: minimum 100% replacement cost, covering buildings (excluding owner's interior improvements) against fire, vandalism, malicious mischief, windstorm, water damage, etc. Liability insurance: minimum $300,000 per individual, (ARTICLE VI Sections 1, 2 of By-Laws, PAG)

Use restrictions

All units shall be used for private residential purposes except for temporary non-residential uses permitted by Board; Grantor may use units for model or display (ARTICLE V Section 8(b) of By-Laws, PAGE )

Voting & meetings

Percentage interest allocated to each Unit as set forth in Paragraph FOURTH of Master Deed; co-owners of a unit collectively vote; proxies allowed; no co-owner may cast more than one proxy vote in addition to own (except Grantor) (ARTICLE II Sections 2, 11 of By-Laws)

Amendments

Master Deed: 75% of Co-Owners and 51% of all deed of trust/mortgage holders must agree, except as provided in Paragraphs FIFTH, SIXTEENTH, and Article VI of By-Laws (destruction). Grantor may amend for expansion by power of attorney (Paragr (Master Deed Paragraph TWELFTH, SIXTEENTH)

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