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<br />6557.03/12309
<br />Units therein) and related improvements which have not yet been annexed to the Development (as of the
<br />date of conveyance to the Association) and are part of a future Phase of the Development
<br />
<br />(iii) The Association Common Area shall be further divided into
<br />subcomponents such as “Association Common Area 1,” “Association Common Area 2,” “Association
<br />Common Area 3,” etc., as may be shown and described on a Condominium Plan or Declaration of
<br />Annexation.
<br />
<br />(2) Building Common Area. Building Common Area within the
<br />Development shall mean and refer to those portions of the Development described as follows:
<br />
<br />(i) Building Common Area shall mean and refer to those portions of
<br />the Development to which title is held in common by all Owners of Units within a particular
<br />Condominium Building, and not by the Association or Owners of Units within other Condominium
<br />Buildings, and excepting the individual Units located within that particular building, as shown on the
<br />Condominium Plan. Each Condominium Building in the Development shall have its own Building
<br />Common Area that will be separate from any other Condominium Building(s). The horizontal and
<br />vertical boundaries of the Building Common Area for a particular building shall be as shown and
<br />described on the Condominium Plan. The Building Common Area for a particular building shall include
<br />the airspace encompassed within its boundaries and all improvements therein which are not part of any
<br />Unit, provided, however, that certain utilities and related installations, landscaping or other improvements
<br />from the Association Common Area may encroach onto Building Common Area, and any such
<br />encroachment of Association Common Area utilities and related installations, landscaping or other
<br />improvements onto Building Common Area shall be permitted. It shall be conclusively presumed that
<br />each building shown on the Condominium Plan as being contained within the Building Common Area for
<br />that particular building is located entirely within the boundaries of such Building Common Area.
<br />
<br />(ii) The Building Common Area includes, without limitation, air;
<br />laundry rooms, patios, yards, stairs (except stairs connecting levels within a Unit); life safety equipment
<br />not located with a Unit; elevators and elevator shafts; basements and storage areas (except exclusive use
<br />storage areas, if any) within the Condominium Buildings; bearing walls, columns, beams, girders,
<br />subfloors, unfinished floors, roofs, and foundations; central heating equipment, ducts, flues and chutes
<br />and fire escapes; conduits, pipes, plumbing, motors, pumps, wires and other utility installments (except
<br />the outlets thereof located within a Unit), required to provide power, light, telephone, gas, water,
<br />sewerage, drainage, heat, and elevator services; sprinklers, sprinkler pipes and sprinkler heads which
<br />protrude into the air space of a Unit; central television antenna, if any. The exterior boundaries of the
<br />Building Common Area for each Condominium Building shall be as shown on the Condominium Plan.
<br />
<br />(iii) Each Unit shall have appurtenant to it an equal undivided interest
<br />in common in a portion of the Building Common Area of the Condominium Building in which that Unit
<br />is located. The fractional interest of a Unit Owner shall be the numerator “1” over the denominator equal
<br />to the total number of Units in the Condominium Building in which the Unit is located. Notwithstanding
<br />the fact that certain utilities and related installations, landscaping or other improvements from the
<br />Association Common Area shall be permitted to encroach onto Building Common Area, the Building
<br />Common Area for each Building is separate and distinct, and a Unit owner shall have no common
<br />undivided interest in any Condominium Building other than the Condominium Building in which that
<br />Owner’s Unit is located.
<br />
<br />(3) Owners’ Interests and Rights in Common Area. The ownership of
<br />each Condominium shall include both a Unit and an equal undivided interest in common in the Building
<br />Common Area of the building in which that Unit is located, as described in this Declaration. Each Owner
<br />7.1.K. - Page 14
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