Recission of Enabling Declaration Establishing A Plan For Condominum Ownership 2-27-1981

Browse Search

IIIIEIIIIIIIIIIIIIIIIIIIIIIIIIMMIMIIIIIIIIMIIIIIIMIIIIMEIIIWIIIIII other improvements located thereon. Declarant has constructed or will construct upon the premises a residential project and certain recreational facilities. Reference is made to the Condominium Plan for further details. Reciprocal access rights and reciprocal emergency easements are shared with the adjoining a property to the east, as shown on the Map. c.) .) 2. 2 Division of Properly: The property is hereby divided into the following separate freehold estates: A. Units: Each of the units as separately shown, numbered and d sie gnated in the Condominium Plan consists rn of the space hounded by and contained within the interior unfinished surfaces of the perimeter walls, floors, ceilings, 4i windows, window frames, doors and door frames and trim, of each , unit, each of such spaces being defined and referred to herein w as a "unit." Bearing walls located within the interior of a unit are common area, not part of the unit, except for the w finished surfaces thereof. Fireplaces ( fireboxes) are included n; within the units. Chimneys and flues are common area. Eacn unit includes the utility installations located within its boundaries that the owner has exclusive use of, including, v without limitation: appliances, fireplaces, space heaters, and W lighting fixtures which are located within the unit they serve ( including space heating panels in the ceiling of the unit served) . Each unit includes both the portions of the building so described and the airspace so encompassed. The unit does i•' not include those areas and those things which are defined as "Condominium Common Area" in Section 1 . 11 . Each unit is LT. subject to such encroachments as are contained in the building, whether the same now exist or may be later caused or created in any manner referred to in Section 8. 5. In interpreting deeds and plans, the then existing physical boundaries of a unit, whether in its original state or reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be its boundaries rather than the boundaries expressed in the deed or plan, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown on the plan or deed, and those of the building. B. Condominium Common Areas: That portion of the property, referred to herein as "Condominium Common Area", shall include the area defined in Section 1. 11 . Each unit owner shall have, as appurtenant to his unit, an equal undivided ' interest in the Condominium Common Area of the Condominium Building in which his unit is located. The fractional interest • of a unit owner shall be the numerator "1." over the denominator equal to the total number of units in the Condominium Building 1 in which the unit is located. The ownership of each condominium i shall include a unit and such undivided interest in the Condo- , I minium Common Area. The common interest appurtenant to each . -6- .