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<br />6557.03/12309
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<br />(d) In the event of a dispute between Owners with respect to the repair or rebuilding
<br />of the above-described connections, or with respect to the sharing of the cost thereof, then, upon request
<br />of one of such Owners addressed to the Association, the matter shall be submitted to the Board who shall
<br />hold a hearing and decide the dispute and the decision of the Board shall be final and conclusive upon the
<br />parties.
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<br />(e) Any air heating, air conditioning, water heating equipment, lighting fixtures and
<br />outlets thereof, which are a part of a discrete and complete system serving only one Unit shall be
<br />maintained by the Owner of the Unit served by said equipment.
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<br />Section 6.2 Association’s Duties. The Association shall maintain all utility connections,
<br />water systems, sanitary sewers, drainage and storm drainage facilities located in the Common Area,
<br />except for those installations maintained by utility companies whether public, private or municipal. All
<br />drainage and storm drainage facilities shall be regularly inspected and, if necessary, cleaned or otherwise
<br />maintained. The Association shall pay all charges for utilities supplied to the Development except those
<br />metered or charged separately to the Condominiums. The Association shall maintain all roadways,
<br />walkways and related street, sidewalk and pedestrian lighting and landscaping located in the Common
<br />Area, except those maintained by public entity or government agency. Reference is made to Section 5.1
<br />of this Declaration for further detail concerning Association maintenance obligations.
<br />
<br />Section 6.3 Easements for Utilities and Maintenance. Easements over and under the
<br />Development for (a) the installation, operation, repair and maintenance of electric, telephone, water, gas
<br />and sanitary sewer Lines and facilities, (b) heating and air-conditioning Lines and facilities, (c) cable or
<br />master television antenna Lines and facilities, (d) storm drains and drainage Lines and facilities, and (e)
<br />walkways and landscaping, as such easements are recorded or are needed to service the Development or
<br />any portion thereof, are hereby reserved by Declarant and Declarant’s successors and assigns together
<br />with the right to grant and transfer the same.
<br />
<br />Section 6.4 Easements for Ingress, Egress and Support. Unless designated Exclusive Use
<br />Common Area, which use is restricted as described on the Condominium Plan or this Declaration for the
<br />benefit of less than all Units, there is appurtenant to each Condominium nonexclusive rights of ingress,
<br />egress and support, if necessary, through, on, upon or over the Common Area.
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<br />Section 6.5 Encroachment Easements. In interpreting deeds and the Condominium Plan,
<br />the existing physical boundaries of a Unit shall be conclusively presumed to be its boundaries rather than
<br />the metes and bounds expressed in the deed or Condominium Plan. As such, each Unit within the
<br />Development is hereby declared to have an easement over all adjoining Units within the same
<br />Condominium Building and Building Common Area for the purpose of accommodating any
<br />encroachment due to engineering errors, errors in original construction, reconstruction, repair, movement,
<br />settlement or shifting of any building or any similar cause. Each Unit, or portion thereof, and the
<br />Association Common Area as the dominant tenement has an easement over any other Unit, or portion
<br />thereof, or the Association Common Area as the servient tenement for the purposes of accommodating
<br />any such encroachments described in the previous sentence. In addition, each Unit is subject to such
<br />encroachments by the Common Area as may now exist or may hereafter be created by any of the causes
<br />referred to in this Section. There shall be valid easements for the maintenance of said encroachments as
<br />long as they shall exist and the rights and obligations of the Owners shall not be altered in any way by
<br />said encroachment, settlement or shifting; provided, however, that in no event shall a valid easement for
<br />encroachment be created in favor of an Owner or Owners if said encroachment occurred due to the willful
<br />misconduct of such Owner or Owners. In the event a structure is partially or totally destroyed and is then
<br />repaired or rebuilt in substantially the same manner as originally constructed, the Owners of each
<br />7.1.K. - Page 46
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