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201404665 <br />units are shown on the attached map and diagram, a valid easement for any of the said encroachments and for <br />the maintenance thereof, so long as they stand, shall and does exist. In the event that any units or structure is <br />repaired or altered, the owners of the units agree that similar encroachments shall be permitted and that a valid <br />easement for such encroachment and for the maintenance thereof shall exist. The owner and any other parties <br />acquiring an interest in the condominium shall agree to the existence of such easements by accepting a deed or <br />otherwise becoming the owner of a unit. <br />3.2 Easement to Facilitate Exercise of Special Declarant Rights. The Declarant has an easement <br />through the common elements as may be reasonable necessary for the purpose of discharging the Declarant's <br />obligations or exercising special Declarant rights, whether reserved in this Declaration or arising under the <br />Condominium Act. <br />3.3 Easement for Ingress and Egress. There is hereby created easements for ingress and egress for <br />pedestrian traffic over, through and across sidewalks, paths, walks and lanes that from time to time may exist <br />upon the common elements. There is also created an easement for ingress and egress for pedestrian and <br />vehicular traffic over, through and across such driveways and parking areas as from time to time may be paved <br />and intended for such purposes; provided, however, that such easements shall not extend to any limited <br />common elements. Such easements shall run in favor of and be for the benefit of the owners and occupants of <br />the units and their guests, families, tenants and invitees. <br />3.4 Owner's Easement of Enjoyment. Every owner shall have a right and easement of enjoyment in and <br />to the common elements, except for the limited common elements, which rights and easement shall be <br />appurtenant to and shall pass with the title to every unit, subject to the following provisions: <br />3.4.1 The right of the Association to adopt reasonable rules and regulations governing the use of the <br />common elements, except for the limited common elements; <br />3.4.2 The right of the Association to suspend the voting rights of an owner for any period during which <br />any assessment against his unit remains unpaid; and for a period not to exceed 60 days for any other infraction <br />or violation of the condominium document; <br />3.4.3 The right of the Association to dedicate or transfer all or any part of the common elements to any <br />public agency, authority, or utility for such purposes and subject to conditions as may be agreed to by the <br />Members. No such dedication or transfer shall be effective unless an instrument signed by the Members <br />entitled to cast two- thirds (2/3) of the votes of each class of membership agreeing to such dedication or transfer <br />has been recorded. The requirements of this section shall not apply to the case of utility easements covered by <br />Section 3.0 of this Declaration; <br />3.4.4 The right of Declarant and its agents and representatives, in addition to the Declarant's rights set <br />forth elsewhere in this Declaration, to the nonexclusive use, without charge, of the common elements for <br />display and exhibit purposes and the maintenance of such facilities. <br />3.5 Delegation of Use. My owner may delegate, in accordance with the Declaration and subject to the <br />rules and regulations of the Association, his right of enjoyment to the common elements, except for the limited <br />common elements not appurtenant to his unit, to the members of his family, his tenants, his guests or invitees, <br />provided such delegation is for a reasonable number of persons and at reasonable times. The Association is <br />authorized to define the reasonable number of persons and reasonable times. <br />3.6 Limitation on Transfer. An owner's right and easement of enjoyment in and to the common <br />elements, except for the limited common elements, shall not be conveyed, transferred, alienated or encumbered <br />-5- <br />