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6. 1. F. - Page 20 (3) Owners' Interests and Rights in Common Area. The ownership of each Condominium shall include both a Unit and an undivided interest in common in the Building Common Area of the building in which that Unit is located, as described in this Declaration. Each Owner shall have, as appurtenant to that Owner's Unit, an undivided interest in common in the Building Common Area of the Condominium Building in which that Owner's Unit is located equivalent to that shown on the Condominium Plan. The ownership of each Condominium shall include a membership in the Association, as described in this Declaration and the Bylaws of the Association. Each Owner shall have, as appurtenant to that Owner's Unit, a membership in the Association, which membership shall include the right of use and enjoyment of the Association Common Area in the Development, subject to the terms of this Declaration and Rules of the Association. An Owner shall have no common interest in the Association Common Area other than as a Member of the Association. An Owner's right to access or use Association Common Area shall commence only once such Association Common Area has been annexed into the Development, subject to the terms of this Declaration and Rules of the Association. The common interest appurtenant to each Unit is declared to be permanent in character and cannot be altered without the consent of all of the Owners affected and of all of the Mortgagees of First Mortgages covering the Condominiums affected as expressed in an amended Declaration; provided that if any such Mortgagee of a First Mortgage does not respond within sixty (60) days of a request by the Association for consent to alter the Common Area, then that Mortgagee's consent shall not be required. Such common interest cannot be separated from the Unit to which it is appurtenant. Each Unit Owner may use the Association Common Area, and Building Common Area of the building in which that Owner's Unit is located (other than Exclusive Use Common Area which use is governed by Section 2.2(c)), in accordance with the purposes for which such Common Area(s) are intended and in accordance with this Declaration and all Association Rules, so long as such use does not hinder the exercise of or encroach upon the rights of any other Owner(s), including another Owner's rights to Exclusive Use Common Area as hereinafter described. Each right or interest described herein this Article 2 is a right or easement that is appurtenant to the Unit or Association Common Area, and any transfer of a Unit or Association Common Area automatically transfers the right or easement appurtenant thereto regardless of whether the instrument of transfer describes the right or the easement. (c) Exclusive Use Common Area Portions of the Common Area shall be referred to as "Exclusive Use Common Area" and are hereby set aside and allocated for the exclusive use of one or more, but fewer than all, Owners, as may be shown and described on the Condominium Plan, this Declaration or a Declaration of Annexation. Reference is made Section 1.1 of this Declaration for additional detail. Said Exclusive Use Common Area may also consist of an easement for exclusive use of [unit patio areas] as may be specifically designated on the Condominium Plan, the deed conveying the Condominium, this Declaration, a Declaration of Annexation, or a grant or assignment by Declarant or the Association as an appurtenance to any particular Unit. Such Exclusive Use Common Areas shall be appurtenant to applicable Unit(s) as set forth above. Except as provided in Sections 5.1 and 5.2, the repair and maintenance of the Exclusive Use Common Areas shall be the responsibility of the Owner of the Unit to which such Exclusive Use Common Area(s) are appurtenant. (d) No Separate Conveyance of Undivided Interests The foregoing undivided interests are hereby established and are to be conveyed with the respective Units as indicated above and cannot be changed except as set forth herein. Declarant, its successors, assigns and grantees covenant and agree that the undivided interest in the Building Common Area and the fee title to the respective Unit conveyed therewith shall not be separated or separately conveyed. Each such undivided interest shall be deemed to be conveyed or encumbered with its respective Unit even though the description in the instrument of conveyance or encumbrance may refer only to the Condominium or to the fee title to the Unit. 10 CCRS -One Marina. docx