200901988 - Laserfiche WebLink

Browse

200901988 above) in common with all other owners. The right to use the common elements shall extend not only to each other, but also to his agents, servants, tenants, invitees and licensees. The right to use the common elements, including the limited common elements, shall be governed by the provisions of the Condominium Act, this Declaration, the By-Laws, and the Rules and Regulations of the Association. 2.5 Prohibition against Abandonment. Partition. Etc. The owners shall not by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the common elements and no other person shall have the right to have them partitioned or divided. The granting of easements for utilities or for other purposes consistent with the intended use of the common elements by the owners shall not be deemed a partition or division. 2.6 Limited Common Elements. Ownership of a unit shall entitle the owner thereof to the exclusive use of the following portions of the common elements, subject to such rules and regulation regarding the use and maintenance of such areas as may be adopted by the Association. 2.6.1 All exterior doors and windows or other fixtures designed to serve a single unit but which are located outside the boundaries of the unit. The right to the exclusive use of the limited common elements shall not be transferred, assigned or conveyed separate or apart from the unit. In the event that a unit is conveyed, the right to the exclusive use of the limited common elements shall automatically be transferred to the new owner. Any lien, including, without limitation, the lien of a mortgage or a deed of trust, arising against a unit, shall also be a lien against the owner's right of exclusive use of the limited common elements, and the foreclosure of a mortgage or deed of trust upon 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 for foreclosing liens on a unit shall carry with it and transfer to the foreclosing party or purchasers at any sheriff's sale or trustee's sale the exclusive use of the limited common elements. Partial or full satisfaction or release of any such lien upon a unit shall similarly be a satisfaction and release of the lien against the right to the exclusive use ofthe limited common elements. 2.7 Prohibition of Severance or Partition of a Unit Estate. No owner shall be entitled to sever his interest in his unit from his undivided interest in the common elements, his right to the use of the limited common elements and his right and easement to the use and enjoyment of the common elements. The undivided interest in the common elements as established by this Declaration and the fee title to their respective units shall not be separated, severed, partitioned, or separately conveyed, encumbered or otherwise transferred, and each such undivided interest in the common elements shall conclusively be deemed transferred or encumbered with the unit to which it is appurtenant even though the description in the instrument of conveyance or encumbrance may refer only to the unit. The provision of Nebraska Law relating to partition of real property shall not be available to any owner of a unit or of any other interest in real property included in the condominium as against any other owner or owners or units or of any other interest in the condominium as to terminate the condominium status created by the recording of this Declaration; provided, however, nothing contained in this Declaration shall be construed as a limitation on partition by joint owners of one or more units as to individual ownership of such {0886166.3} - 4 -