|
6.1.F. - Page 18
<br />stain, tile, carpet, hardwood floors and other finishes are considered part of the Unit. The vertical
<br />boundaries of any two -story Unit shall be the unfinished surface of the floor of the lower level to the
<br />unfinished ceiling of the lower level, the unfinished surface of the upper level floor to the unfinished
<br />surface of the ceiling of the upper level, and any opening (e.g. stairway) which connects the two levels.
<br />The area between the unfinished surface of the ceiling of the lower level and the unfinished surface of the
<br />floor of the upper level (other than that area which is part of the stairway) shall be Building Common
<br />Area, except where areas between floor and ceiling are penetrated by openings, e.g., to accommodate a
<br />stairway, the areas shall be deemed to be a part of the Unit. Each Unit includes the portions of the
<br />Condominium Building in which the Unit is located so described as well as the airspace so encompassed.
<br />The Unit does not include those areas and those things which are herein defined as "Building Common
<br />Area" or "Association Common Area." In addition, each Unit includes any air heating, air conditioning
<br />and water heating equipment, lighting fixtures, and outlets thereof wherever located, which are part of a
<br />discrete and complete system intended to serve only such Unit. A Unit does not include, however, any
<br />bearing wall or other structural member necessary to the support or adequate rigidity of any portion of the
<br />Building Common Area or any other Unit, except that any finished surface of such bearing wall or
<br />structural member which faces a Unit shall be a part of such Unit. Each Unit is subject to such
<br />encroachments as are contained in the Condominium Building in which the Unit is located whether the
<br />same now exists or may be later caused or created in any manner referred to in Section 6.5. In
<br />interpreting deeds and plans, the then existing physical boundaries of a Unit, whether in its original state
<br />or as reconstructed in substantial accordance with the original plans and specifications therefor, shall be
<br />conclusively presumed to be its boundaries rather than the boundaries expressed in such deed or plan,
<br />regardless of settlement or lateral movement of the Condominium Building in which the Unit is located
<br />and regardless of minor variance between the boundaries shown on the plan or deed and those of that
<br />Condominium Building. An Owner of adjacent Units shall have an easement to connect such adjacent
<br />Units, subject however to the terms and conditions of Sections 7.9 and 7.14 of this Declaration.
<br />(b) Common Area The Development shall include two (2) types of Common Area:
<br />Association Common Area, and Building Common Area.
<br />(1) Association Common Area. The Association Common Area shall
<br />consist of the entire Development, excluding the Building Common Areas and the Units.
<br />(i) The Association Common Area shall be owned by the
<br />Association for the common use and enjoyment of all Owners in the Development. The Association
<br />Common Area shall include, but not be limited to, land, private roadways, walkways, landscaping,
<br />recreational facilities, outdoor lighting, fences, retaining walls, perimeter walls, entry monuments, trash
<br />and refuse facilities, sprinklers and irrigation systems, pipes, conduits, drainage facilities, plumbing, life
<br />safety equipment serving the Development, wires and other utility installations and central service
<br />facilities required to provide common power, light, telephone, gas, cable television, water, and sewage
<br />services within the Development. However, public utilities and utility wires, lines, and equipment, or
<br />facilities exclusively serving or located within a Unit are not part of the Association Common Area. The
<br />Association Common Area is subject to the easements and encroachments reserved in this Declaration.
<br />(ii) Subject to Section 2.6 of this Declaration, portions of the
<br />Association Common Area located in a Phase shall be conveyed to the Association by Declarant prior to
<br />or concurrently with the close of escrow of the sale of the first Condominium in that Phase. As further
<br />described in Section 2.6 of this Declaration, certain portions of the Association Common Area shall be
<br />conveyed to the Association in connection with a future Phase of the Development. When Association
<br />Common Area is conveyed by Declarant to the Association, an easement shall be deemed automatically
<br />reserved over the Association Common Area so conveyed in favor of Declarant, and for the benefit of the
<br />remaining Phases not yet annexed, for ingress and egress, and for the construction or completion of
<br />CCRS -One Marina. docx
<br />
|