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09lZ6f2048 13:20 <br />'s�. <br />(FAX}6516902H13 P.4y3ld34 <br />Attachment D <br />SECTiQN 7 <br />RESTRiCTIONS ON USE OF PROPERTY <br />All Owners an.d Occupants, and ali secured parties,. by their accep�anee ox <br />assertian of an interest in the Property, ox by theix acc�paney o� a Unit, cavenanfi and <br />agee that, in addition to aaay ofher restrictians wfuch may be imposed by the Acf or Ehe <br />Governing Documents, the accupancy, use, operation, alienation and conveyance af the <br />Pro�erty shall be subject to the fo�iawing restric#ions: <br />7.1 General. The Property shall be owned., co�veyed, encuzr�bered, leased, <br />used and accupied subject to the Governing Documents and the Act, as amended from <br />time to tune. AlI covenants, restrictior�s and obligatlons set forth in the Goveming <br />Documents are in fu.rtherance of a plan for �he l�roperty, a�id shall run with the Property <br />and be �. buz�den a.nd benefit to aIl Owners and �ccupants and to any other Person <br />acquirizzg oz owni,ng ari is�terest in the Propexty, their heirs, personal representatives, <br />succ�ssors and assigns. <br />7.2 Subdivision Prol�ibifecE. Except as permitted by this Declaration, na Unit <br />nor any part of the Common �Iements may be subdivided or gartitioned witho�it fhe prior <br />written approval of all �vvners anc� all secured parties holding f-Erst mortgages an the <br />Units. <br />7.3 Residential Use. The Units shall �e used by Owners and Occupanis and <br />thei� gV.ests exclusively as private, sin�;le family residen�ial dwe�lings, anc� not for <br />transient, hotel, commercial, business or other non-residential �urposes, except as <br />provided in Section 7.4. Any lease of a Unit (except %r occupancy by gussts with the <br />consent of the Owner) for a period of less tha.n. nine�,y days, or auy accupa.ncy which <br />includes sezvices customarily f�ished ta hotel guests, shall be presumed to t�e for <br />transient purposes. The nurnber of occupants per L1nii may be restricted in accordance <br />with any applicable municipal orclinances ar�d standards acceptable under applicable <br />federal ar�d state law: <br />7.4 Business Use Restricted. No busi�ess, trade, occupatian or profession of <br />any kind, whcther carricd on for profit or otl�erwise, shail be conductec�, �naintained or <br />pern�itted in a.ny Unit or ttie Common Elements, except: <br />7.4.I An Ovc+ner or Oecupant may maintain a horne accupatian in such <br />Owner or Occupant's Dwelling; pravided, t�iat such use (i) is incidentaT to the <br />residen�ial use; {ii) does not involve physicaI alteration of the Dwellin:g or Unit <br />visible from the exterior; (iii) is in compliance with all govemmenfa� Iaws, <br />ordinances and regulations; (iv) does no� involve observable business ac�ivity <br />such as sigrfs, advertising displays, unusuai n�bers of deliveries, or u�usua.� <br />levels of pedestrian or velucular traffic to and from the Unit; (v) does not involve <br />e�np�oyses; and (vi} does not otherwise involve activity wl�ich disf�ubs the quiet <br />enjoytnenf of f.he Property by other dwners or Oecugaz�ts.. <br />I2 <br />