<br />200709536
<br />
<br />otherwise), tanks, pumps, motors, fans, compressors, ducts, and in general all appurtenance and installations
<br />existing for common use whenever located on the property, within units or without.
<br />
<br />2.3.3 The grounds, trees, gardens, landscaped areas, exterior fixtures, walkways, and driveways.
<br />
<br />2.3.4 Certain items located outside of unit boundaries, which ordinarily might be considered common
<br />elements, such as, but not limited to, air conditioning units, screen doors, window screens, awnings, planter
<br />boxes, and the like serving single units, shall be limited common elements to be furnished and maintained by
<br />owners of the units served at their individual expense, in good order, according to standards and requirements
<br />set forth in the By-Laws or other rules adopted by the Association. Each owner shall have the right to the
<br />exclusive use and possession of, and shall be responsible for the care of any space between his unit's boundary
<br />and the interior surface of any window or door on a perimeter wall of the unit, any storage area adjacent to his
<br />unit, and any landscaped entry way contiguous to his unit which would normally be subject to the exclusive use
<br />of an owner. Conveyance of a unit includes the exclusive right to the use of the limited common elements
<br />appurtenant to that unit.
<br />
<br />2.4 Use. Each owner shall have the right to use the common elements (except the limited common
<br />elements reserved for other units and subject to the provisions of Section 2.3.4 above) in common with all other
<br />owners. The right to use the common elements shall extend not only to each other, but also to his agents,
<br />servants, tenants, family members, invitees and licensees. The right to use the common elements, including the
<br />limited common elements, shall be governed by the provisions of the Condominium Act, this Declaration, the
<br />By-Laws, and the rules and regulations ofthe Association.
<br />
<br />2.5 Prohibition against Abandonment, Partition, Etc. The owners shall not by act or omission seek to
<br />abandon, partition, subdivide, encumber, sell or transfer the common elements and no other person shall have
<br />the right to have them partitioned or divided. The granting of easements for utilities or for other purposes
<br />consistent with the intended use of the common elements by the owners shall not be deemed a partition or
<br />division.
<br />
<br />2.6 Limited Common Elements. Ownership of a unit shall entitle the owner thereof to the exclusive use
<br />of the following portions ofthe common elements, subject to such rules and regulation regarding the use and
<br />maintenance of such areas as may be adopted by the Association.
<br />
<br />2.6.1 All exterior doors and windows or other fixtures designed to serve a single unit but which are
<br />located outside the boundaries of the unit.
<br />
<br />The right to the exclusive use ofthe limited common elements shall not be transferred, assigned or
<br />conveyed separate or apart from the unit. In the event that a unit is conveyed, the right to the exclusive use of
<br />the limited common elements shall automatically be transferred to the new owner. Any lien, including, without
<br />limitation, the lien ofa mortgage or a deed of trust, arising against a unit, shall also be a lien against the owner's
<br />right of exclusive use of the limited common elements, and the foreclosure of a mortgage or deed of trust upon
<br />the unit, or that taking of a deed in lieu thereof, or a trustee's sale under a deed of trust or any other proceedings
<br />for foreclosing liens on a unit shall carry with it and transfer to the foreclosing party or purchasers at any
<br />sheriffs sale or trustee's sale the exclusive use of the limited common elements. Partial or full satisfaction or
<br />release of any such lien upon a unit shall similarly be a satisfaction and release of the lien against the right to the
<br />exclusive use of the limited common elements.
<br />
<br />2.7 Prohibition of Severance or Partition of a Unit Estate. No owner shall be entitled to sever his
<br />interest in his unit from his undivided interest in the common elements, his right to the use ofthe limited
<br />common elements and his right and easement to the use and enjoyment of the common elements. The
<br />undivided interest in the common elements as established by this Declaration and the fee title to their respective
<br />- 3 -
<br />
|