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202400135 water lines, or other utility or service lines may be installed or relocated on the common elements except as approved by the association. This easement shall in no way affect any other recorded easements on the common elements. 14. Easements for Ingress/Egress and Parking. There is hereby created an easement for ingress and egress for pedestrian traffic over, through and across sidewalks, paths, walks and lanes that from time to time may exist upon the units and common elements. There is also created an easement for ingress and egress for vehicular traffic over, through and across such driveways and parking areas attributable to the units and common elements as from time to time may be paved and intended for such purposes. There is also created an easement for vehicle parking over, through and across such parking areas attributable to the units and common elements as from time to time may be paved and intended for such purposes. Such easements shall run in favor of and be for the benefit of the owners and occupants of the units and their guests, families, tenants, and invitees. 15. • Association. The association has been or will be incorporated in Nebraska to provide for the management of the condominium. 16. Membership. Every person or entity who becomes a unit owner shall be a member of the association. Any person who holds an interest in a unit merely as security for an obligation shall not be a member. When more than one person or entity is the owner of the unit, all such persons or entities shall constitute one (1) member and the obligations of the member shall be joint and several among such persons or entities. The vote for such unit shall be exercised as they among themselves determine, but in no event shall more than one (1) ballot be cast with respect to any unit. The vote for each unit must be cast as a whole, and fractional votes shall not be allowed. If joint owners are unable to agree among themselves as to how their vote or votes should be cast, they shall lose their right to vote on the matter in question. If any owner casts a ballot representing a certain unit, it will thereafter be conclusively presumed for all purposes that they were acting with the authority and consent of all other owners of the same unit. In the event that more than one ballot is cast for a particular unit, none of said votes shall be counted and said votes shall be deemed void. 17. Maintenance of Common Elements. Each unit owner shall promptly report to the Executive Board of Directors of the association any need for repairs to the common elements for which the association is responsible. The association shall maintain, repair, and make necessary improvements to all common elements. All such repairs and maintenance shall be common expenses and shall be paid for by the association. 18. Damage. Any damage to the common elements caused by fire or other casualty shall be promptly repaired by the association in the manner set forth in the By-laws unless all the unit owners vote not to rebuild. The cost of repair or replacement in excess of any insurance proceeds and reserves is a common expense. If the common elements not repaired or replaced, then any insurance proceeds attributable to the common elements that are not rebuilt must be distributed to the owners of the units, or the lienholders, as their interests may appear, in proportion to the allocated interests of all the units. 19. Liability. Any tort liability arising from the use of common elements shall be a common expense. Any deficiency in insurance coverage of such liability shall be borne by all unit owners in proportion to the allocated interests shown in Section 6 hereinabove; provided, however, if such liability is due to the willful or negligent conduct of one or more, but not all, unit owners, or their guests and invitees, then such liability shall be borne by such unit owner(s). 20. Condemnation. If any part of the common elements is condemned for public use, the award shall be payable to the association. Actual damage to the common elements shall be repaired and any remaining condemnation proceeds awarded must be distributed to the owners of the units, or the lienholders, as their interests may appear, in proportion to the allocated interests of all the units. 21. Use of Common Elements. The association and each unit owner shall have the right to use the common elements and shall have an easement over the common elements for that use. Page 3 of 7