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16 <br />6557.03/12309 <br />be so deannexed and stating that such deannexation is undertaken in accordance with the terms and <br />conditions of this Section 2.8(e). Any such deannexation shall be effective upon the recordation of such <br />notice or other instrument and such notice or other instrument need only be executed by the Declarant. In <br />any case where Declarant has sold and closed escrow on the sale of a Unit under authority of a Public <br />Report, or Declarant has exercised any Association vote with respect to the Phase, or Assessments have <br />commenced on any portion of the Phase, or the Association has made any expenditures or incurred any <br />obligations with respect to any portion of the Phase, Declarant’s right to deannex a portion of the <br />Development shall be valid only with the approval, by vote or written consent, of a majority of the <br />Owners other than Declarant, and the prior written consent of the BRE if and as required under Business <br />and Professions Code Section 11018.7. Such deannexation shall not in such case relieve Declarant from <br />any existing obligation to continue to pay its equitable share of the cost of maintenance and repair of <br />common facilities. <br /> <br />(f) Right of Successor Declarant to Annex. The right of unilateral Annexation <br />provided for in Section 2.8(a) above constitutes a covenant running with the land, and is as such <br />enforceable by any owner of the Property described in Recital A above, or any part thereof, including the <br />present owner or its successor or assignee, and Declarant or any successor or assignee of Declarant who <br />acquires the Property described in Recital A above, or any part thereof, and who assumes the role of <br />Declarant with respect to the annexed property as provided in Section 11.6 of this Declaration. <br /> <br />(g) Annexation Pursuant to Approval. Property other than the Annexation <br />Property may be annexed to the Development upon approval in writing of the Association, pursuant to <br />vote or written consent of a two-thirds (2/3) majority of the voting power of its Members, excluding the <br />Declarant, and the approval of Eligible Mortgage Holders as may be required under Article 8 of this <br />Declaration. Upon such approval, the Owner of such property may file of record a Declaration of <br />Annexation. Upon the recording of such Declaration of Annexation, the annexed property shall be subject <br />to the jurisdiction of the Association. <br /> <br />(h) The provisions of this Section 2.8 may not be amended without the consent of <br />Declarant until three (3) years after all of the Annexation Property has been annexed to the Development. <br /> <br />Section 2.9 Title Rights. This Declaration shall not be construed to constitute a limitation on <br />Declarant’s title rights to the Annexation Property prior to its annexation, nor shall it impose any <br />obligation on Declarant or any other person or entity to improve, develop or annex any portion of the <br />Annexation Property. This Declaration shall not be construed to limit the right of Declarant at any time <br />prior to such an annexation to establish additional licenses, easements, reservations, restrictions and <br />rights-of-way for itself, utility companies or others as reasonably necessary for the proper development <br />and disposition of property owned by the Declarant. <br /> <br />Section 2.10 oise Transmissions. The Development has been designed to meet the <br />acoustical building code standards in effect at the time the Development was constructed. The standards <br />establish minimum performance criteria and do not eliminate all noise transmissions. Occupants will hear <br />noise from other Units and noises from outside the Condominium Buildings, including, but not limited to <br />noise from music, televisions, stereo and other audio equipment, foot traffic from other Units and the <br />Common Area, noises generated by use of the Common Area, plumbing fixture operations, fans, <br />equipment located on the roof and above ceilings of a Condominium Building, parking garages, vehicles, <br />doors, trash and recycling disposal, truck and bus traffic, delivery trucks, sirens, aircraft noise and other <br />street noises. Occupants will also hear and experience noise and vibrations in connection with the <br />completion of construction of current and future Phases, as well as other portions of the Property and <br />adjacent and nearby properties. <br /> <br />7.1.K. - Page 20