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200506707
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200506707
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Last modified
10/17/2011 9:35:04 AM
Creation date
10/28/2005 11:28:17 AM
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DEEDS
Inst Number
200506707
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200506707 <br />+ owner. Conveyance of a unit includes the exclusive right to the use of the limited <br />common elements appurtenant to that unit. <br />2.4. Use. Each owner shall have the right to use the common elements (except <br />the limited common elements reserved for other units and subject to the provisions of <br />Section 2.3.5 above) in common with all other owners. The right to use the common <br />elements shall extend not only to each other, but also to his agents, servants, tenants, <br />family members, invitees and licensees. The right to use the common elements, <br />including the limited common elements, shall be governed by the provisions of the <br />Condominium Act, this Declaration, the By -Laws, and the rules and regulations of the <br />Association. <br />2.5 Prohibition Against Abandonment, Partition, Etc. The owners shall not by <br />act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the <br />common elements and no other person shall have the right to have them partitioned or <br />divided. The granting of easements for utilities or for other purposes consistent with the <br />intended use of the common elements by the owners shall not be deemed a partition or <br />division. <br />2.6 Limited Common Elements. Ownership of a unit shall entitle the owner <br />thereof to the exclusive use of the following portions of the common elements, subject to <br />such rules and regulations regarding the use and maintenance of such areas as may be <br />adopted by the Association. <br />2.6.1 All exterior doors and windows or other fixtures designed to serve a single <br />unit but which are located outside of the boundaries of the unit. <br />The right to the exclusive use of the limited common elements shall not be <br />transferred, assigned or conveyed separate or apart from the unit. In the event that a unit <br />is conveyed, the right to the exclusive use of the limited common elements shall <br />automatically be transferred to the new owner. Any lien, including, without limitation, <br />the lien of a mortgage or a deed of trust, arising against a unit, shall also be a lien against <br />the owner's right of exclusive use of the limited common elements, and the foreclosure of <br />a mortgage or deed of trust upon the unit, or that taking of a deed in lieu thereof, or a <br />trustee's sale under a deed of trust or any other proceedings for foreclosing liens on a unit <br />shall carry with it and transfer to the foreclosing party or purchasers at any sheriff's sale <br />or trustee's sale the exclusive use of the limited common elements. Partial or full <br />satisfaction or release of any such lien upon a unit shall similarly be a satisfaction and <br />release of the lien against the right to the exclusive use of the limited common elements. <br />2.7 Prohibition of Severance or Partition of a Unit Estate. No owner shall be <br />entitled to sever his interest in his unit froze his undivided interest in the common <br />elements, his right to the use of the limited common elements and his right and easement <br />to the use and enjoyment of the common elements. The undivided interest in the <br />common elements as established by this Declaration and the fee title to their respective <br />units shall not be separated, severed, partitioned, or separately conveyed, encumbered or <br />-4- <br />
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