Resolution 2

CLOVERLEAF CENTER CONDOMINIUM

Resolution

1. Whereas Article IV of the Declaration for Cloverleaf Center Condominium declares that the undivided fee simple interest of the Unit Owners, known as the “Percentage Interest in the Common Elements”, is also the Percentage Interest of each Unit Owner in the Common Profits and Common Expenses of the Council of Unit Owners, thereby dividing the Association into classes of Plex Unit (“Plex”) and Townhouse owners; and
2. Whereas only the Unit Owners of the Units in the Plex building described on the Plat as Bldg. 13 (hereinafter referred to, for practical purposes, as “Bldg 1”) have singly and collectively benefited, at a cost of $204,042, from the renovation, alteration, and improvement of Bldg 13; and
3. Whereas Art. V, Section 16 of the Bylaws states that the costs for renovation, alteration or improvement are a common expense, and that such common expense may be assessed only to that class of unit owners that benefited from such expense; and
4. Whereas Section § 11, 110b No.2, (ii) of the Maryland Condo Act Real Property, states that “if provided by the Declaration, assessments or expenses related to maintenance of the limited common elements may be charged to the unit owner or owners who are given the exclusive right to use the limited common elements”; and
5. Whereas Art. III, Section §2 of the Declaration provides that the perimeter walls of the Plex units are limited common elements.

Wherefore, and for all the reasons stated above, the Unit owners of the Units in Bldg 1 have been found to have benefitted exclusively from the renovation, alteration, and improvement of Bldg 1, and should be, and will be, assessed for the renovations, alterations and improvements that they already received, as a special assessment, and without a vote on this Resolution.

This special assessment is a lien and will be due January 1, 2010. If it is not paid, it will be subject to a collection action in accordance with the governing documents for Cloverleaf Center Condominium. This special assessment may be paid in installments of $235 per month for 60 months. Payment of the special assessment previously stayed will be a credit against this special assessment. This special assessment will be due on the 1^st of each month, and if paid after the 15^th, a penalty of $30 will be added. The final monthly installment of this special assessment will be due December 1, 2014. This special assessment will be in addition to the monthly assessments for common expenses, as may be determined annually by the Board.

For the six Plex Unit buildings that have not yet been refurbished, there will be a new structural study. A reputable structural engineering company will initiate a detailed study of the structural integrity of the six remaining building and their accompanying balconies, and will draw a concrete plan to bring these building up to par. Upon approval of the structural study by the Board of Directors, a reputable large specialized contractor will be chosen to perform the job according to strict specifications, and to perform the job to all six buildings simultaneously.

The definition of the limited common elements mentioned in this Resolution will consist of those common elements identified in the Declaration or the Condominium Plat as reserved for the exclusive use of one or more but less than all of the unit owners.

By virtue of the above mentioned definition, and Bylaws Article III, Section 2, § a, b, h & m, the Board of Directors is authorized to levy a special assessment on one or more but less than all of the unit owners, in order to fix and restore the integrity of affected limited common elements identified by the forgoing engineering study. Because of the magnitude of the proposed special assessment, the Board desires the approval of the Unit Owners of the six Plex Unit Buildings.

Bylaws Article V, Section 6 states that each unit owner shall be obligated to pay, in advance, the common charges assessed by the Board of Directors against his unit. The Board of Directors estimates that a charge of $14,100 per unit will be reasonable to cover the above mentioned renovations to the limited common elements. The Board of Directors wherefore resolves that said amount will be paid in a special assessment of $235 added on the normal monthly assessment for the next 60 months. The Board of Directors reserves the right to amend such estimated assessment to reflect the real costs of the project. In case there is a surplus, the extra assessment will be allocated to the reserve funds of the Plex units for future needed repairs.

Resolution 1

CLOVERLEAF CENTER CONDOMINIUM

RESOLUTION

Whereas, Article III, Section 2 of the Bylaws for Cloverleaf Center Condominium (“Cloverleaf”, the “Condominium”, and the “Bylaws”) authorizes the Board of Directors (the “Board”) to determine the common expenses required for the maintenance, upkeep and well being for the Community, and

Whereas, Article III, Section 2 of the Bylaws, in accordance with § 11, 110b, No.2, (ii) of the Real Property Maryland Condo Act, requires the Board to ensure the care and maintenance of the Common Elements, and

Whereas, Article V, Section 16 of the Bylaws authorizes the Board to undertake additions, renovations, alterations or improvements which, if not made, could reasonably result in a threat to the health or safety of the Unit Owners or a significant risk of damage to the Condominium, and

Whereas, Article V, Section 16 of the Bylaws states that the cost for such additions, renovations, alterations or improvements are a common expense, and that such common expenses may be assessed only to the class of Unit Owners that benefits from such expenses, and

Whereas, Article V, Section 4 of the Bylaws states that any special assessment to meet the common expenses of the Association may be levied by the Board upon resolution thereof, if such expenditure is required by conditions which, if not corrected, could reasonably result in a threat to the health or safety of the Unit Owners or a significant risk of damage to the Condominium, and

Whereas, the Board deems it necessary, for the health and safety of the Unit Owners, and to avoid further significant damage to the Common Elements of the Condominium, to undertake repairs to the Plex Unit buildings, and

Whereas, one of the seven Plex Unit buildings has been substantially repaired, but the Board’s previously levied special assessment for this repair was stayed in response to a Complaint, and

Whereas, the Board desires the approval of the Association before levying a special assessment of this magnitude,

Now therefore be it resolved that:

1. A special assessment in the amount of $14,100 shall be levied upon the Unit Owner(s) of each Plex Unit. This assessment is a lien due on January 1, 2010.
2. The Cloverleaf Board will negotiate and enter into contract(s) to complete the repairs to the Common Elements of the Plex Unit buildings. Repairs to six Plex Unit buildings not previously repaired will be performed simultaneously.
3. Payments previously made for the special assessment that was stayed will be credited against this lien. Payments for this special assessment may be made in monthly installments, over as many as sixty (60) months. Payment of $235 will relieve this lien in five years, with a last payment on December 1, 2014.
4. This lien will otherwise be subject to collection action in accordance with the governing documents of Cloverleaf Center Condominium.
5. This Resolution shall be submitted for the approval of the Cloverleaf Plex Unit Owners.
6. Upon approval, Cloverleaf’s Operating Budget for 2010 will be amended to reflect the income from this Special Assessment, and expenses for these repairs.