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200307657 <br />separate unit upon the attached Exhibit "A" and the extension of those surfaces where <br />the unit includes unenclosed space. <br />ARTICLE V. COMMON ELEMENTS <br />The common elements are all portions of the condominium other than the units, <br />including the perimeter block wall, which shall be a general common element. The <br />limited common elements, other than those shown on Exhibit "A" are: <br />(a) If any chute, flue, duct, wire, conduit, bearing wall, bearing <br />column or any other fixture lies partially within and partially <br />outside the boundaries of a unit, any portion serving only <br />that unit is a limited common element allocated to that unit, <br />and any portion serving more than one unit or any portion <br />of the common element 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 windows or <br />other fixtures designed to serve a single unit, but located outside <br />that unit's boundaries, are limited common elements allocated to <br />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 and <br />remove the officers and members of the Executive Board of <br />Directors until the earlier of: <br />(1) Sixty (60) days after conveyance of ninety percent <br />(90 %) of the units which may be created to unit <br />owners other than the Declarant; or <br />(2) Two (2) years after Declarant has ceased to offer <br />units for sale in the ordinary course of business. <br />Not later than sixty (60) days after conveyance of twenty five <br />percent (25 %) of the units which may be created to unit owners <br />other than the Declarant, at least one (1) member and not less <br />than twenty five percent (25 %) of the members of the Executive <br />Board of Directors shall be elected exclusively by unit owners <br />other than the Declarant. Not later than sixty (60) days after <br />conveyance of fifty percent (50 %) of the units which may be <br />created to unit owners other than the Declarant, not less than <br />thirty three and one third percent (33 1/3%) of the members of <br />the Executive Board of Directors shall be elected exclusively by <br />unit owners other than the Declarant. <br />Not later than the termination of the period of the Declarant's <br />control, the unit owners shall elect an Executive Board of at least <br />three (3) members, at least the majority of whom must be unit <br />owners. The Executive Board shall elect the officers. The <br />Executive Board members and officers shall take office upon <br />election. <br />2 <br />