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20010918q <br />ARTICLE V. COMMON ELEMENTS <br />The common elements are all portions of the condominium other than <br />the units. The limited common elements, other than those shown on <br />Exhibits "A" and "B" are: <br />(a) If any chute, flue, duct, wire, conduit, bearing wall, <br />bearing column or any other fixture lies partially <br />within and partially outside the boundaries of a unit, <br />any portion serving only that unit is a limited common <br />element allocated to that unit, and any portion serving <br />more than one unit or any portion of the common element <br />is a part of the common elements. <br />(b) Any shutters, awnings, window boxes, doorsteps, stoops, <br />porches, balconies, patios and all exterior doors and <br />windows or other fixtures designed to serve a single <br />unit, but located outside that unit's boundaries, are <br />limited common elements allocated to that unit. <br />ARTICLE VI. SPECIAL DECLARANT RIGHTS AND DEVELOPMENT RIGHTS <br />Declarant shall reserve and have the following development rights: <br />(a) Declarant shall control the Association and may appoint <br />and remove the officers and members of the Executive <br />Board of Directors until the earlier of: <br />(1) Sixty (60) days after conveyance of ninety <br />percent (900) of the units which may be <br />created to unit owners other than the <br />Declarant; or <br />(2) Two (2) years after Declarant has ceased to <br />offer units for sale in the ordinary course <br />of business. <br />Not later than sixty (60) days after conveyance of fifty <br />percent (50 %) of the units which may be created to unit <br />owners other than the Declarant, at least one (1) member <br />and not less than twenty five percent (25 %) of the <br />members of the Executive Board of Directors shall be <br />elected exclusively by unit owners other than the <br />Declarant. Not later than sixty (60) days after <br />conveyance of seventy -five percent (75 %) of the units <br />which may be created to unit owners other than the <br />Declarant, not less than thirty three and one third <br />percent (33 1/3 %) of the members of the Executive Board <br />of Directors shall be elected exclusively by unit owners <br />other than the Declarant. <br />Not later than the termination of the period of the <br />Declarant's control, the unit owners shall elect an <br />Executive Board of at least three (3) members, at least <br />the majority of whom must be unit owners. The Executive <br />Board shall elect the officers. The Executive Board <br />members and officers shall take office upon election. <br />(b) Declarant reserves, without assent of owners of units, <br />the right to establish easements, reservations, <br />exceptions and exclusions consistent with the <br />condominium ownership and for the best interests of all <br />the owners in the condominium, and to supplement or <br />amend this Master Deed and Declaration, or as amended, <br />or the attached By -Laws or as amended, until Declarant <br />releases control of the Association as set forth in (a) <br />of this Article. <br />(c) Declarant further reserves the right to add to the <br />condominium additional real estate of one or more lots, <br />2 <br />