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200807402 Elements relating thereto but also the undivided interest in the Common Elements appurtenant to said Unit and all other appurtenant properties and property rights, and shall incorporate all the rights and burdens incident to ownership of a Unit and all of the limitations thereon as described in this Declaration, including the attached Plats and Plans and other exhibits hereto, and in the Articles, Bylaws, and Rules and Regulations. d. The reference to the Declaration in any instrument shall be deemed to include and incorporate any attached addenda, schedules, exhibits, Plats and Plans, and any supplements and amendments to the Declaration, including attachments hereto, without specific references thereto. e. The Declarant does not reserve the right to create additional Units. 7. Restrictions Upon Common Elements. Unless approved by the Board, no Common Elements or parts thereof shall be leased or rented, nor shall the Common Elements be subject to any other restriction in favor of Declarant or any Unit Owner, except as otherwise provided herein or in the Act. 8. Non-Partitionability of Common Elements. The Common Elements shall be owned by all of the Unit Owners based on their Allocated Interests and shall remain undivided. By the acceptance of a deed or other instrument of conveyance or assignment, each Unit Owner specifically waives its right to institute and maintain a partition action or any other action designed to cause a division of the Common Elements, and each Unit Owner specifically agrees not to institute any action therefor. Further, each Unit Owner agrees that this Section may be pleaded as a bar to the maintenance of such an action. A violation of this provision shall entitle the Association to collect, jointly and severally, from the parties violating the same, the actual attorneys' fees, costs, and other damages the Association incurs in connection therewith. 9. Subdivision of Units. None ofthe Units may be subdivided into additional Units without the consent of the Association, not to be unreasonably withheld. Upon the application ofa Unit Owner and consent of the Association, the Association shall prepare, execute, and record an amendment to this Declaration, including the Plats and Plans, subdividing that Unit. The said amendment must be executed by the Unit Owner to be subdivided, assign an identifying number to each Unit so created, and reallocate the Allocated Interests formerly allocated to the subdivided Unit to the new Units in any reasonable manner prescribed by the Unit Owner of the subdivided Unit. All costs and expenses incurred in connection with said subdivision shall be fully paid by the Unit Owner of the subdivided Unit. Such costs and expenses shall be treated as an assessment to said subdivided Unit and payment therefor shal~ be enforced and collected in the same manner as all other assessments provided for herein. 10. Use and Occupancy. a. A Unit Owner shall be entitled to the exclusive ownership and possession of their Unit. Each Unit may be used solely for residential purposes. -4-