Additional By-Laws
Additional By-Laws
ADDITIONAL BY-LAWS
In order to provide for the peaceful enjoyment and harmonious occupation of the Property (as defined
below) in common with all the proprietors and to ensure the smooth running and better management of
the Project (as defined below) and the regulation of the rights and obligations of the parties and the
other proprietors, the Developer has provided the following Additional By-Laws.
The Additional By-Laws are in addition to the By-Laws (as defined below) which governs and binds all
the proprietors in the Project and shall be read in conjunction with the By-Laws.
INTERPRETATION
“accessory parcel” means, any parcel shown in the certified strata plan for the
Project or as intended by Developer as an accessory parcel
which is used or intended to be used in conjunction with a land
parcel;
“Additional By-Laws” means the Additional By-Laws herein and any other rules and
guidelines and their amendments and additions thereto made
from time to time by the Developer;
“allocated share units” means the share units assigned to each parcel by the
Developer’s surveyor;
“ Authority” means any authority for the time being authorised under any
written law in force in Peninsular Malaysia to approve subdivision
of land, building plans, the issue of documents of title, to enforce
any other laws related thereto and in respect of all matters arising
from or relating to the said Property, the Project and the said Land
and includes any corporation or private agencies licensed by the
Authority to provide water, electricity, telephone, sewerage
services and other related services;
“buildings” means the buildings (including the Building, and any fixture or
fitting of or to the buildings (if any)) erected or to be erected by
the Developer on the parcels and which is intended for private
residential purposes. Any reference to the “building” shall include
any building and/or part thereof in the Project;
“By-Laws” means the by-laws as stated under the Third Schedule of the
Strata Management (Maintenance and Management)
Regulations 2015;
“Charges” means the charges the Proprietor shall be liable for and shall pay
for the maintenance and management of the Common Property,
and for the services provided by the Developer in accordance
with the provisions of the By-Laws, Additional By-Laws and
House Rules and/or in the manner provided under the Sale and
Purchase Agreement, the Strata Titles Act or the Strata
Management Act, as the case may be;
“Common Property” means so much of the Project including the facilities, services and
amenities therein as is not comprised in any parcel or accessory
parcel as shown in the certified strata plan and used and capable
PERBADANAN PENGURUSAN PRESINT 1 EKO BOTANI
“Development” means, in relation to the Parcel and/or the Building and subject
to the development and renovation guidelines, any works that are
structural in nature and/or that may howsoever increase,
decrease or otherwise affect or vary the foundation, structure(s)
and/or fixture(s) of or to the Building, the Parcel and/or the Project
as provided or may be provided by the Developer;
“House Rules” means the house rules provided by the Developer and includes
their amendments and additions thereto from time to time;
“said Land” means all those pieces of freehold land held under Master Title
No HS(D) 550140 PTD 200646 and HS (D) 527056 PTD 189421,
both Mukim of Pulai, District of Johor Bahru, State of Johor
upon which the Project is developed or to be developed. Any
reference to the "said Land" shall include a reference to any part
thereof;
“Parcel” means any parcel in the said Land (including the accessory
parcel thereto, if any) and comprised within the Project. Any
reference to the “Parcel” shall include a reference to any part
thereof;
“other proprietors” means the beneficial and/or registered owners for the time being
of the other parcels;
“said Property” means the Parcel and the Building erected thereon for private
residential purposes. Any reference to the “said Property” shall
include a reference to any part thereof;
“Renovation” means, in relation to the Building and/or the Parcel, any physical
activity which is aesthetic, decorative or involves only the interior
of the Building subject to the Development and Renovation
Guidelines, but which does not involve any Development.
PERBADANAN PENGURUSAN PRESINT 1 EKO BOTANI
“Sale and Purchase means the agreement made between the Developer and the
Agreement” Proprietor in respect of the sale and purchase of the said
Property;
“services” means services or any one or more of such services including but
not limited to general upkeeping and cleaning, general security
services, landscaping, grass cutting, in relation to the Common
Property;
“Share Units” means the share units assigned to the said Property by the
Developer’s licensed land surveyors in accordance with the
Strata Titles Act;
2. INTENDED PURPOSE
2.1 The said Property shall be used for private residential purposes only for a family unit only. The
said Property shall not, at any time, be used as a kindergarten, daycare centre, office premises,
housing of employees, hostel, religious centre, place for political gatherings or assemblies or
for illegal, unlawful or immoral purposes or otherwise which in the opinion of the Developer may
be injurious to the reputation of the Project nor shall it be used or caused, allowed or authorised
to be used in any manner, directly or indirectly, for any animal and poultry farming, housing or
shelter of animals, business, commercial manufacturing, either light or heavy, parking of any
type of vehicles which is directly or indirectly related to business venture, storing and vending,
public entertainment or amusement or syndicated gambling of any nature whatsoever and shall
not be used in a manner which would give reasonable cause for complaint by any of the other
proprietors or the Developer. If the Developer has reason to believe that the said Property is
being used for purposes other than for private residential purposes, then the Developer
reserves the right to bar entry into the said Land and the Project and/or to remove such person
or persons whom the Developer has reasonable grounds to believe are not guests or invitees
of the Proprietor on social visits or are or may be carrying on any of such non-permitted purpose
at or from the said Property.
2.2 The Proprietor shall use and enjoy the Common Property, the services and any facilities
thereon/thereof reasonably for the intended purpose for which they had been provided and in
such a manner so as not to interfere unreasonably with the use and enjoyment of the same by
the other proprietors or their respective family members, guests, tenants, lessees, servants,
agents, licensees and invitees.
2.3 No noxious, offensive or illegal activities shall be carried on or upon the said Property, nor shall
anything be done thereon which is or may become an annoyance or nuisance to any of the
other proprietors.
3.1 The Proprietor shall duly observe and comply with the By-Laws, Additional By-Laws, House
Rules and any provision of any law, including any statute, enactment, regulations and rules
pertaining to the said Property and/or the Common Property, the services and/or any facilities
thereon/thereof, and/or the Project, including any modifications and amendments thereof or
additions thereto.
PERBADANAN PENGURUSAN PRESINT 1 EKO BOTANI
3.2 The Proprietor shall at all times hereafter indemnify and keep indemnified the Developer against
or for all actions, proceedings, costs, expenses, claims and demands in respect of such act,
matter or thing done or omitted by the Proprietor in contravention of any of the By-Laws,
Additional By-Laws, House Rules and any provisions of any law and in this respect, the
Proprietor shall do all such acts, deeds and/or things as may be necessary to comply with the
Proprietor’s obligations herein within fourteen (14) days from the date of the Developer’s notice
to the Proprietor.
3.3 The Proprietor shall ensure that his family members, guests, tenants, lessees, servants, agents,
licensees, invitees, contractors and sub-contractors, shall at all times comply with and abide by
this clause herein. In the event of any breach thereof, the Proprietor shall be held liable for any
breach or damage caused by the aforesaid persons.
4. Payment of Outgoings
4.1 In addition to Clause 8(2) of the By-Laws, in the event the Developer (but without any obligation
on the Developer’s part) pays for or has paid such quit rent, assessments and/or outgoings for
or attributable to the Proprietor, the Proprietor shall within fourteen (14) days of the Developer’s
request, pay or reimburse the Developer for the sums incurred or paid or which may be incurred
or paid by the Developer in respect of such quit rents, assessments or outgoings.
5. Charges
5.1 The Proprietor shall, upon the delivery of vacant possession of the said Property, pay to the
Developer, four (4) months advance in respect of Service Charge and Sinking Fund and
thereafter shall be paid by the Proprietor on a monthly basis in advance or at such times
determined by the Developer. In the event of a disposal, sale, transfer or assignment of the said
Property, the new proprietor shall likewise pay the four (4) months advance Service Charge and
Sinking Fund when required by the Developer.
5.2 In addition to Clause 6 of the By-Laws, if the Charges and/or Sinking Fund shall remain unpaid
at the expiration of the period of fourteen (14) days of the receipt by the Proprietor of the
Developer’s written notice requesting the same, the Developer shall also be entitled, in addition
to and without prejudice to the Developer’s right to exercise any other rights or remedies
provided in the By-Laws, Additional By-Laws and House Rules:-
[a] to have a lien on the said Property together with interest thereon and for reasonable
legal fees incurred by the Developer incidental to the collection of the Charges and/or
Sinking Fund or enforcement of the lien;
[b] not to issue or replace car stickers and/or access devices, if any, to the Proprietor
and/or prohibit the entry of any vehicles of the Proprietor’s guests, tenants, lessees,
servants, agents, licensees and invitees to the Project; and/or
[c] to take such other measures as the Developer may deem fit in its discretion.
6. Notices to Developer
6.1 The Proprietor shall give the Developer prompt notice of any accident to or defect in the water
pipes, gas pipes, electric installations or fixtures which comes to his knowledge.
PERBADANAN PENGURUSAN PRESINT 1 EKO BOTANI
7. No Temporary Structures
7.1 No building of a temporary nature, unless approved in writing by the Developer, shall be
erected or allowed to remain on the said Property, and no trailer, camper, shack, shed,
tent, garage, barn, cabin or other structure of a similar nature shall be used as a
residence, either temporarilyor permanently.
8.1 The Proprietor agrees that the Proprietor will not cut, maim, divert, block, obstruct or in
any way render the said pipes, wires, cables, ducts, sewers and drains through, across,
over or under the said Property unserviceable or inoperable or only partially serviceable
or operable or to leave the same in disrepair or neglect as to render them unserviceable
or inoperable or only partially serviceable or operable, and the Proprietor shall also
make good all damage (if any) to the said pipes, wires, cables, ducts, sewers and drains
caused by or attributable to the Proprietor.
8.2 If access to the pipes, wires ducts or cables shall be hindered by reason of obstacles
placed or constructed by the Proprietor, the Proprietor shall upon written notice from the
Developer remove such obstacles within the time stipulated in the notice, failing which
the Developer shall be entitled to remove the obstacles in order to gain access and in
such event the Proprietor agrees that the Developer shall not be liable to restore or
reinstate the obstacles to its original condition nor be liable for any damage caused.
9. Storage
9.1 In addition to Clause 12(1) of the By-Laws, the Proprietor shall not cause or permit any
offensive or inflammable materials to collect in the said Property or the Common
Property and/or the Project or do anything which may affect or invalidate any fire
insurance in respect of the Common Property or any part thereof or increase the rate of
premium of such insurance.
10. Pests
10.1 In addition to Clause 13 of the By-Laws, the Proprietor shall keep clean the said
Property and the Common Property just outside the Property and take all practicable
steps to prevent infestation by termites, vermin, rodents, pests and/or insects. In the
event that any pest infestation is found to have originated from the Property upon
investigation, the Proprietor shall be responsible to take necessary correction actions to
remedy such infestation immediately.
The Parcel Owners shall attend their house compound to ensure that the same will not
become breeding ground for mosquito, fly or pest, failing which the Management shall
report to the authorities and shall have the discretion to enter and remove the breeding
ground at the cost and expense of the Parcel Owner, inclusive of the cost for break
opening of locks and gates. All the tall grass of more than 12 inches within the house
compound shall be trimmed by the Parcel Owners, failing which the Management shall
have the discretion to enter the Premises and trim the same in which the trimming
charges, the cost for break opening of locks and gates and a fine of RM200-00 will be
imposed upon the Parcel Owner.
The Management and Management Corporation shall not be held responsible for
exercising their discretion to perform the above.
PERBADANAN PENGURUSAN PRESINT 1 EKO BOTANI
11. Pets
The Proprietor shall not keep on the said Property pets that may cause annoyance,
nuisance, disturbance, fear, anxiety to or which may be dangerous to the safety or health of
the other proprietors and the Proprietor shall not keep more than such number of pets on
the said Property at any one time as allowed by law, by-law, regulation, order, rule or
directive in force for the time being or to be in force by the local authorities, council or
otherwise. In addition, no livestock or poultry, animals or pets for commercial purposes of
any kind shall be raised, bred, or kept on the said Property Provided Always that no pets
shall be kept if the same is prohibited or disallowed by any law, by-law, regulation, order, rule
or directive in force for the time being or to be in force by thelocal authorities, council or
otherwise. If the Proprietor is in breach of this Clause, he shall within there (3) days upon
receipt of a written notice from the Developer remove the particular animal fromthe said
Property, failing which the Developer may take whatever action deemed necessary to
remove the particular animal from the said Property. All cost incurred shall be charged to
and imposed on the Proprietor.
12.1 In addition to Clause 25 of the By-Laws, the Proprietor shall park his vehicle within his
said Property.
12.2 In addition to Clause 25(7) of the By-Laws, the Proprietor shall at all times adhere to the
speedlimit and follow the safety signages while driving within the Project.
12.3 All vehicles are parked at the own and sole risks of the respective owners or users of the
vehicle. The Developer shall not be responsible for any damage or loss suffered while
the vehicle is parked within the compound of the Common Property and/or the Project.
13. Repairs
13.1 In addition to Clause 8(5) of the By-Laws, the Proprietor shall at his own costs and
expenses within ten (10) days from the date of the Developer’s written request to the
Proprietor (or written or oral notice of a shorter duration in the event of any emergency
situation) forthwith repair and make good all damages to the said Property or the
Common Property due to failure by the Proprietor to keep the said Property in good and
substantial repair and condition or arising from any Development or Renovation or the
act, omission, fault, default or neglect of the Proprietor. In the event that the Proprietor
shall fail to carry out any maintenance or repair, which maintenance or repair is
necessary to protect any of the Common Property or the other parcels, the Developer
shall have the right to carry out such maintenance or repair after the failure of the
Proprietor to do so within the stipulated time frame and to charge the Proprietor for the
cost of all such repairs and/or maintenance. In the event that the Developer charges the
Proprietor for maintenance repairs or replacements to the said Property or for repairs to
any Common Property and the Proprietor shall fail to make payment thereof within
fourteen (14) days of the Developer’s request for payment, the Developer shall be
entitled to take all such steps at law to recover the same and in that case the Proprietor
shall be liable for the payment of all legal fees, cost and interest at the rate to be fixed by
the Developer on the outstanding sums payableto the Developer.
13.2 In addition to Clause 16(4) of the By-Laws, the Proprietor shall be liable for all costs and
expenses where the Developer has to repair, replace or restore any damage caused to
the Common Property or the other parcels and/or the buildings thereon by the
Proprietor or his family members, guests, tenants, lessees, servants, agents, licensees,
invitees, contractors and/or subcontractors.
PERBADANAN PENGURUSAN PRESINT 1 EKO BOTANI
14.1 In addition to Clause 20(1) of the By-Laws, the Proprietor shall not affix or place or construct
anything (including bicycles and unauthorized forms of transport) in or upon the Common
Property or the said Land or any part thereof, which is or may be an obstruction or a nuisance
to the freedom of movement or likely to cause injury or damage to any person or vehicle or
adversely affect or obstruct the use or enjoyment of the Common Property, the services and/or
any facilities thereon/thereof and/or the Project.
14.2 Bicycles, tricycles, children's riding toys, roller blades, roller skate, skateboards and the like may
not be ridden or used in such manner that may endanger, harm, damage or cause nuisance to
others or within the Common Property or left in any part of the Common Property.
14.3 The Developer reserves the right to close off any part of the Common Property from time to
time for the purpose of cleaning, repair, maintenance or upgrade works.
14.4 No goods or other items may be stored in the Common Property. Such parts of the Common
Property used for access by the Proprietor shall be kept clean and accessible at all times.
15. Moving
15.1 The Proprietor shall ensure that in any moving in or out of the said Property and along the
Common Property, no Common Property, person or thing is damaged in the course of such
moving. The Developer reserves the right to suspend or stop any moving in or out where is
carried out in contravention to this by-law.
16.1 No advertising signs or billboards shall be erected on the said Property or displayed to the public on
the said Property. No signs or billboards shall be allowed stating, indicating or suggesting that
the said Property is for sale or to be sold by way of auction unless such sign or notification is
required by order of court. The Developer shall be entitled to remove such signs or billboards
erected in breach of this Clause without any liability to the Proprietor or any other party.
16.3 In addition to Clause 22(3) of the By-Laws, the Proprietor shall not without the prior written
consent of the Developer install any appliance or equipment or thing within or outside the said
Property which may in any way interfere with or adversely affect the functioning use or
enjoyment of any part of the Common Property, the services and/or any facilities
thereon/thereof, or any of the appliances, machines, equipment or things installed on the said
Land.
16.4 Subject to the provisions of this Clause, in the event the Proprietor wishes to add or enhance
the security or intercom system of the said Property, the Proprietor shall be responsible for all
costs involved including any connection fee and such security system must be compatible with
the security and intercom system installed by the Developer at the said Property. The Developer
shall not be responsible in the event that any warranties relating to the security or intercom
system installed by the Developer at the said Property is voided or for any failure or malfunction
Developer due to, as a result of or arising from such addition or enhancement of the security or
intercom system by the Proprietor and the Proprietor shall be responsible for the cost of making
good the security or intercom system.
PERBADANAN PENGURUSAN PRESINT 1 EKO BOTANI
17.1 In the event that Security Services are provided or arranged by the Developer, the Developer is
merely ensuring the presence of general security in the Project and that it is not to be regarded as a
guarantee, assurance or representation by the Developer of the security for the Project or that
the Project is free from crime nor shall it in anyway be construed as requiring the Developer to
prohibit the access of any Appropriate Authorities, government agency and/or process servers.
Accordingly the Proprietor hereby agrees that, notwithstanding any provision herein to the
contrary, whether express or implied in the Additional By-Laws or House Rules or by law, the
Developer and/or its agents, servants, contractors and/or licensees are not liable to the
Proprietor, his family members, guests, tenants, lessees, agents, servants, licensees invitees,
contractors and sub-contractors in or about the Project for any loss (including loss of life and
property), damage including to property or bodily injury sustained by the Proprietor or any of the
aforesaid persons in, on or about the Project whether due to or resulting from or in connection
with any criminal act (including but not limited to theft, robbery, vandalism) or other breaches of
security occurring or committed in, on or about the Project and whether by reason of the
negligence or otherwise of the Developer or its agents, servants, representatives, consultants,
contractors or licensees.
17.2 The Developer may at any time and manner and subject to such conditions as the Developer
may determine at its sole discretion, as part of the Security Services, carry out periodic
deactivation and/or re-registration of any access and/or proximity devices to the Project subjectto
prior notification to the proprietors and the proprietors acknowledge that such exercise is for the
purpose of security of the Project and the Proprietor shall comply, observe and co-operate with
all instructions, directions, terms and conditions stipulated by the Developer and the Proprietor
shall not be entitled to make any objections and/or claims whatsoever or howsoever arising
against the Developer.
17.3 The Developer shall be entitled to withhold or suspend, from time to time or for such period of
time as the Developer deems fit, or to terminate the provision of the Security Services or any
part thereof for any reason or under any circumstances whatsoever without being liable or
accountable to the Proprietor or any other person.
18. Enforcement
18.1 The Proprietor shall indemnify and keep indemnified the Developer and/or the other proprietors
from losses, costs (including legal costs on a solicitor-client basis), expenses, penalties and
damages which are :-
[a] brought, claimed, issued or assessed or which may be brought, claimed, issued or
assessed against the Developer (or any of the other proprietors) or any property of the
Developer (or any of the other proprietors); and
[b] payable, suffered or incurred or which may be payable, suffered or incurred by the
Developer or any of the other proprietors;
as a result of any breach of the By-Laws, Additional By-Laws and House Rules by or attributableto
the Proprietor.
18.2 The Developer may recover from the Proprietor any amount expended or liability incurred by the
Developer in respect of maintenance, repair, renovation or replacement of any of the Common
Property or any properties, equipment or things of the Developer where such expenditure or
liability relates to or results from damage to the Common Property or the properties, equipment
or things of the Developer arising out of any act, omission or negligence of the Proprietor.
PERBADANAN PENGURUSAN PRESINT 1 EKO BOTANI
18.3 Without prejudice to the other rights and remedies of the Developer, the Developer shall be
entitled to take the following actions (without being obliged to do so):-
[a] the Proprietor who despite being cautioned, persists in the breach of the By-laws,
Additional By-Laws and House Rules, shall be ordered to leave the Common Property
immediately;
[b] impose an administrative fee or fine on the Proprietor in such amount determined by the
Developer at its discretion in the event of any breach by the Proprietor of the provisions
of the By-Laws, Additional By-Laws and House Rules.
19.1 The Proprietor recognizes and acknowledges that it is not possible to make provisions herein
for every situation, event or contingency and that the Additional By-Laws contained herein are
not exhaustive and the Developer may from time to time create, adopt, delete, vary, amend or
replace the Additional By-Laws and the House Rules. The Developer shall inform the Proprietor of
any amendments or variations to, or deletion from or creation, replacement or adoption of the
Additional By-Laws and the House Rules as and when appropriate. A copy of the Additional By-
Laws and the House Rules as amended from time to time shall be available for inspection at the
registered office of the Developer or such other place as the Developer may nominate and shall
be provided to the Proprietor upon request.
20.1 The Proprietor shall not conduct or carry out or cause or permit to be conducted or carried out
any Development or Renovation unless:-
[a] the Development or Renovation is in accordance with, conforms to and does not in any
way contravene the By-Laws, Additional By-Laws House Rules and Renovation
Guideline (refer to Appendix-I);
[b] the Proprietor shall have paid up-to-date all charges, contributions and other sums due
and payable by the Proprietor to the Developer;
[c] the Developer has given its prior consent in writing to the Development or Renovation,
except where the Developer gives a notice in writing to the effect that the consent of the
Developer is not required for the Development or Renovation; and
[d] the Proprietor has obtained the approval of the Authority for the Development or
Renovation. In addition to Clause 27(3) of the By-Laws, the Proprietor shall first obtain
the Developer’s prior consent before applying for the approval of the Authority. The
Developer shall not be liable in any manner whatsoever to the Proprietor if the Authority
shall refuse, notwithstanding the Developer having granted its consent pursuant to
Clause 21.1, to grant its approval to the Proprietor’s application.
20.2 In the event the Proprietor fail, neglect or refuse to comply with Clause 21.1, the Developer shall
be entitled to disallow or prohibit any consultants, contractors or workmen, with or without tools
and equipment, including delivery of materials, access and entry into the Project and the
Developer shall not be liable or accountable in any manner whatsoever to the Proprietor.
PERBADANAN PENGURUSAN PRESINT 1 EKO BOTANI
20.3 The Developer may in approving, withholding or refusing approval of any application for the
Development or Renovation or part thereof exercise such right in its discretion and impose any
condition as it may require, and the exercise of such right or discretion may not be subject to
any external or objective standard. The Proprietor hereby releases the Developer from all
actions, claims, suits, demands, losses, damages, charges, costs and expenses of any kind
whatsoever in relation to or arising out of the consideration, approval or refusal of any
application by the Proprietor to the Developer for the Development or Renovation and the
imposition of any condition on approval or as part of any consent granted thereto.
20.4 In addition to Clause 27(5) of the By-Laws, the Proprietor shall ensure that all works, material,
equipment, scrap material, mixing cement, rubbish and debris (pending disposal) for the works
are confined or stored within the boundaries of the Property and nothing shall be left in the
Common Property. The Developer shall be entitled to remove and dispose, without any liability
whatsoever, any material, equipment or other property found in the Common Property. No
works should be carried out on any part of the Common Property or affect the other parcels or
the Common Property. All scrap material, rubbish and debris shall be disposed daily at the endof
each day’s works at the Proprietor’s own cost at designated disposal area(s) (if any) or
otherwise to be removed from the Project.
The Parcel Owners shall ensure that the Dumpster / Roro Bin be tightly covered after the
working/ renovation hours for safety and health reasons. In the event of default, a fine of
RM200.00 will be imposed upon the Parcel Owner.
The Parcel Owners shall ensure their Contractor be wearing the assigned Contractor’s Pass
around the neck or front pocket within the Precinct to enable the Management and Security to
identify the contractor. In the event of default of the above, a fine of RM50.00 will be imposed
upon the Parcel Owner.
21.1 In the event that any sales, goods and/or services tax or any similar tax is charged by law and/or
imposed by any Authority on the sale, purchase and/or supply of the said Property and/or any other
goods and/or services supplied or provided under the By-Laws, Additional By-Laws and House
Rules, including but not limited to the Service Charge, Sinking Fund, payment towards Shared
Service Charges, contributions, fees, charges (including administrative fees/charges), costs and
expenses, such sales, goods and/or services tax or other similar tax shall be borne and paid by the
Proprietor in addition to any payments payable under the By-Laws, Additional By-Laws and House
Rules.
22.1 The Developer shall have the right to use any unsold parcels of the said Land, Common
Property, the services and/or facilities thereon/thereof as model house(s) and sale offices and to
show and exhibit the model house(s) to the public including but not limited to the maintenance of
management of site, construction, sales and customer service offices (if any) and the placement
of advertising signs and other promotional materials on the said Land and/or the Common
Property. For the above said purposes, the Developer shall not be subject to the restrictions
contained in the provisions of the By-Laws, Additional By-Laws and House Rules.