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<br />200900728 <br /> <br />9 USE OF COMMON ELEMENTS AND EASEMENTS. <br /> <br />A. General Commons. Each Owner shall have the right to use the General Commons <br />for their intended purpose and shall have an easement over the General Commons for that use. <br /> <br />B. Limited Commons. Each Owner shall have the right to use any Limited Commons <br />assigned to their Unit and shall have an easement over the assigned Limited Commons for that use. <br /> <br />C. Support Easement. Each Unit and the Common Elements shall have an easement for <br />lateral and subjacent support from every other Unit and Common Elements. <br /> <br />D. Encroachment Easement. In the event any Unit or Common Element was <br />constructed so as to or due to reconstruction or movement of the Building, does encroach upon an <br />adjoining Unit or the Common Elements, the Owner, of the Unit or the Association, if it is a <br />Common Element, shall have an easement upon the adjoining Unit or Common Elements to the <br />extent of the encroachment. <br /> <br />E. Association Easement. The Association, Board, Managing Agent, their employ-ees, <br />agents and contractors shall have a blanket access and use easement throughout the Project, <br />specifically including any Unit, which may be necessary or desirable to enable the Association, <br />Board or Managing Agent to perform their obligations and duties under the Condominium <br />Documents. <br /> <br />F. Easements Over Common Elements. The Board may grant easements, leases, <br />licenses and concessions over the Common Elements for the installation and maintenance of utilities <br />and service to the Units and for such other purposes as may be necessary or desirable to enable the <br />Association, Board or Managing Agent to perform their obligations and duties under the <br />Condominium Documents. <br /> <br />10. ASSOCIATION MEMBERSHIP. <br /> <br />A. Membershio. Every person or entity who becomes an Owner shall be a member of <br />the Association. Any person or entity who holds an interest merely as security for an obligation shall <br />not be a member. <br /> <br />B. Declarant Control. Declarant shall control the association and may appoint and <br />remove the officers and members of the Executive Board of Directors until the earlier of: <br /> <br />1. Sixty (60) days after conveyance of Ninety Percent (90%) of the units which may be <br />created to unit owners other than the declarant; or <br /> <br />11. Two (2) years after declarant have ceased to offer units for sale in the ordinary course <br />of business. <br /> <br />-5- <br />