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11 <br />6557.03/12309 <br />shall have, as appurtenant to that Owner’s Unit, an equal undivided interest in common in the Building <br />Common Area of the Condominium Building in which that Owner’s Unit is located. The fractional <br />interest of a Unit Owner shall be the numerator “1” over the denominator equal to the total number of <br />Units in the Condominium Building in which the Unit is located. The ownership of each Condominium <br />shall include a membership in the Association, as described in this Declaration and the Bylaws of the <br />Association. Each Owner shall have, as appurtenant to that Owner’s Unit, a membership in the <br />Association, which membership shall include the right of use and enjoyment of the Association Common <br />Area in the Development, subject to the terms of this Declaration and Rules of the Association. An <br />Owner shall have no common interest in the Association Common Area other than as a Member of the <br />Association. An Owner’s right to access or use Association Common Area shall commence only once <br />such Association Common Area has been annexed into the Development, subject to the terms of this <br />Declaration and Rules of the Association. The common interest appurtenant to each Unit is declared to be <br />permanent in character and cannot be altered without the consent of all of the Owners affected and of all <br />of the Mortgagees of First Mortgages covering the Condominiums affected as expressed in an amended <br />Declaration; provided that if any such Mortgagee of a First Mortgage does not respond within sixty (60) <br />days of a request by the Association for consent to alter the Common Area, then that Mortgagee’s consent <br />shall not be required. Such common interest cannot be separated from the Unit to which it is appurtenant. <br />Each Unit Owner may use the Association Common Area, and Building Common Area of the building in <br />which that Owner’s Unit is located (other than Exclusive Use Common Area which use is governed by <br />Section 2.2(c)), in accordance with the purposes for which such Common Area(s) are intended and in <br />accordance with this Declaration and all Association Rules, so long as such use does not hinder the <br />exercise of or encroach upon the rights of any other Owner(s), including another Owner’s rights to <br />Exclusive Use Common Area as hereinafter described. Each right or interest described herein this Article <br />2 is a right or easement that is appurtenant to the Unit or Association Common Area, and any transfer of a <br />Unit or Association Common Area automatically transfers the right or easement appurtenant thereto <br />regardless of whether the instrument of transfer describes the right or the easement. <br />(c) Exclusive Use Common Area. Portions of the Common Area shall be referred <br />to as “Exclusive Use Common Area” and are hereby set aside and allocated for the exclusive use of one <br />or more, but fewer than all, Owners, as may be shown and described on the Condominium Plan, this <br />Declaration or a Declaration of Annexation. Reference is made to Section 1.1 of this Declaration for <br />additional detail. Said Exclusive Use Common Area may also consist of an easement for exclusive use of <br />unit patio areas as may be specifically designated on the Condominium Plan, the deed conveying the <br />Condominium, this Declaration, a Declaration of Annexation, or a grant or assignment by Declarant or <br />the Association as an appurtenance to any particular Unit. Such Exclusive Use Common Areas shall be <br />appurtenant to applicable Unit(s) as set forth above. Except as provided in Sections 5.1 and 5.2, the repair <br />and maintenance of the Exclusive Use Common Areas shall be the responsibility of the Owner of the Unit <br />to which such Exclusive Use Common Area(s) are appurtenant. <br />(d) o Separate Conveyance of Undivided Interests . The foregoing undivided <br />interests are hereby established and are to be conveyed with the respective Units as indicated above and <br />cannot be changed except as set forth herein. Declarant, its successors, assigns and grantees covenant and <br />agree that the undivided interest in the Building Common Area and the fee title to the respective Unit <br />conveyed therewith shall not be separated or separately conveyed. Each such undivided interest shall be <br />deemed to be conveyed or encumbered with its respective Unit even though the description in the <br />instrument of conveyance or encumbrance may refer only to the Condominium or to the fee title to the <br />Unit. <br />Section 2.3 Rights of Entry and Use. The Units and the Common Area (including the <br />Exclusive Use Common Area) shall be subject to the following rights of entry and use: <br />7.1.K. - Page 15