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84- 005507 7. Restrictions Upon Common Elements. No Common Element, or part thereof, shall be !eased to the Owners or to the Association, nor shall the Common Elements be subject to any other restriction in favor of Declarant or any Affiliate of Declarant; except as otherwise provided herein. Notwithstanding any provision herein to - the contrary, the Class "A" Owners may permit short term rental use of the community room to be located on the third floor. All rentals received shall be applied to the cost of maintaining said community room with any remaining revenues benefiting the Class "A" Owners. 8. Non - Partitionability of Common Elements. The Common Elements shall be owned by all of the Owners and based on their Allocated Interests described in Paragraph 13 and subject to their status as Class "A" or Class "B" Members and shall remain undivided. By the acceptance of a deed or other instrument of conveyance or assign ment, each Owner specifically waives his right to institute and maintain a partition action or any other action designed to cause a division of the Coin -, mon Elements, and each Owner specifically agrees not to institute any action therefor. Further, each Owner agrees that this Paragraph may be pleaded as: a bar to the maintenance of such an action. A violation of this provision shall entitle the Association to personally collect, jointly and severally, from the parties violating the same, the actin, attorneys' fees, costs, and other . damages the Association incurs in coma c..oti therewith. 9. Relocation of Boundaries Between Units. The boundaries between adjoining Units may be relocated by an amend- ment to this Declaration upon application to the Association by the Owner of those Units affected. If the Owners of the adjoining Units have specified the reallocation between their Units of their Allocated Interests, the said appli- cation must state the proposed reallocations. Unless the Board determines, within thirty (30) days, that the reallocations are unreasonable, the Associ- ation shall prepare an Amendment that identifies the Unit involved, states the reallocations, is executed by those Unit Owners, contains words of convey- ance between them, and upon recordation, is indexed in the name of the grantor and the grantee. The Association shall prepare and record plats or plans necessary to show the altered boundaries between adjoining Units, and their dimensions and identifying numbers. All costs and expenses incurred in connection with said relocation of boundaries shall be fully reimbursed in an equal share by each affected Unit Owner. Such share of the Unit Owner shall be treated as an assessment to said Unit and payment therefore shall be enforced and collected in the same manner as all other assessments provided for herein. 10. Subdivision of Units. A Unit of the Class "B" Property may be subdivided into two or more Units. Upon the application of a Class "B" Unit Owner, 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 exe- cuted by the Owner of the Unit to be subdivided, assign an identifying number to each Unit so created, and reallocate the Allocated Interests for- -9- a a I W