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<br />200901988 <br /> <br />discharging the Declarant's obligations or exercising Special Declarant Rights, whether reserved <br />in this Declaration or arising under the Condominium Act. <br /> <br />3.3 Easement for Ingress and Egress. There is hereby created easements for ingress and <br />egress for pedestrian traffic over, through and across sidewalks, paths, walks and lanes that from <br />time to time may exist upon the common elements. There is also created an easement for ingress <br />and egress for pedestrian and vehicular traffic over, through and across such driveways and <br />parking areas as from time to time may be paved and intended for such purposes; provided, <br />however, that such easements shall not extend to any limited common elements. Such easements <br />shall run in favor of and be for the benefit of the owners and occupants of the units and their <br />guests, tenants and invitees. <br /> <br />3.4 Owner's Easement of Enjovment. Every owner shall have a right and easement of <br />enjoyment in and to the common elements, except for the limited common elements, which <br />rights and easement shall be appurtenant to and shall pass with the title to every unit, subject to <br />the following provisions: <br /> <br />3.4.1 The right of the Association to adopt reasonable Rules and Regulations governing <br />the use of the common elements, except for the limited common elements; <br /> <br />3.4.2 The right of the Association to suspend the voting rights of an owner for any period <br />during which any assessment against his unit remains unpaid; and for a period not to exceed 60 <br />days for any other infraction or violation of the condominium document; <br /> <br />3.4.3 The right of the Association to dedicate or transfer all or any part of the common <br />elements to any public agency, authority, or utility for such purposes and subject to conditions as <br />may be agreed to by the Members (as defined below). No such dedication or transfer shall be <br />effective unless an instrument signed by the Members entitled to cast two-thirds (2/3) of the <br />votes of each class of membership agreeing to such dedication or transfer has been recorded. <br />The requirements of this section shall not apply to the case of utility easements covered by <br />Section 3.0 of this Declaration; <br /> <br />3.4.4 The right of Declarant and its agents and representatives, in addition to the <br />Declarant's rights set forth elsewhere in this Declaration, to the nonexclusive use, without <br />charge, of the common elements for display and exhibit purposes and the maintenance of such <br />facilities. <br /> <br />3.5 Delegation of Use. Any owner may delegate, in accordance with the Declaration and <br />subject to the Rules and Regulations of the Association, his right of enjoyment to the common <br />elements, except for the limited common elements not appurtenant to his unit, to his tenants, his <br />guests or invitees, provided such delegation is for a reasonable number of persons and at <br />reasonable times. The Association is authorized to define the reasonable number of persons and <br />reasonable times. <br /> <br />3.6 Limitation on Transfer. An owner's right and easement of enjoyment in and to the <br />common elements, except for the limited common elements, shall not be conveyed, transferred, <br /> <br />{0886166.3} <br /> <br />- 6 - <br />