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6. 1. F. - Page 24 (3) Annexation. After the first to occur of the following, the portion of the Annexation Property to be annexed in the subject Phase shall become part of the Development, and be subject to this Declaration without the necessity of amending any of its individual sections: (i) the first close of escrow of a sale of a Unit in the property to be annexed under a Public Report issued by the DRE, (ii) conveyance to the Association of the applicable Association Common Area to be annexed as part of the subject Phase, (iii) the commencement of Assessments for the Units to be annexed as described in a Declaration of Annexation for the subject Phase. The conveyance of portions of the Association Common Area to the Association may occur at different times as described in Section 2.6 above, as may be further modified in a Declaration of Annexation. (b) Effect of Annexation. Upon any Annexation of subsequent Phases, the Owners of Condominiums in Phase 1 will continue to have undivided percentage interests in the Building Common Area of their respective Condominium Building in Phase 1, and will have nonexclusive easements for ingress and egress over Association Common Area in subsequently annexed Phases, as described in this Declaration. Owners of Condominiums in subsequently annexed Phases will have undivided interests in the Building Common Area of their respective Condominium Buildings, and will have nonexclusive easements for ingress and egress over Association Common Area located in previously annexed Phases as described herein this Declaration. Assessments collected from Owners may be expended by the Association without regard to the particular Phase from which such Assessments came. All Owners shall have ingress and egress to all portions of the Association Common Area throughout the Development, subject to the provisions of this Declaration, the Bylaws of the Association and to the Association Rules in effect from time to time. Upon any Annexation of subsequent Phases, the Association must reallocate the Annual Assessments so as to assess each Owner of a Condominium in the Development for a proportionate share of the total expenses of the Development, as may be further described in a Declaration of Annexation. (c) No Rental or Occupancy before Annexation. No rental or occupancy of Condominiums in any Phase shall be permitted until said Phase has been annexed and subjected to Assessments. (d) Quality of Construction. Future improvements to the Development will be consistent with initial improvements in terms of structure type and quality of construction. (e) Right to Deannex. Notwithstanding any other provisions of this Declaration or any Declaration of Annexation, notice of addition of property or amendments or supplements to this Declaration as may be hereinafter filed of record to effect an Annexation of property under this Article, the Declarant shall have the right at any time after such Annexation but before the close of escrow on the sale under the authority of a Public Report to an Owner other than the Declarant of the first Unit within the property so annexed to deannex such property or any portion thereof by filing of record a notice of deannexation (or such other instrument as may be acceptable for recordation) describing the property to be so deannexed and stating that such deannexation is undertaken in accordance with the terms and conditions of this Section 2.8(e). Any such deannexation shall be effective upon the recordation of such notice or other instrument and such notice or other instrument need only be executed by the Declarant. In any case where Declarant has sold and closed escrow on the sale of a Unit under authority of a Public Report, or Declarant has exercised any Association vote with respect to the Phase, or Assessments have commenced on any portion of the Phase, or the Association has made any expenditures or incurred any obligations with respect to any portion of the Phase, Declarant's right to deannex a portion of the Development shall be valid only with the approval, by vote or written consent, of a majority of the Owners other than Declarant, and the prior written consent of the DRE if and as required under Business and Professions Code Section 11018.7. Such deannexation shall not in such case relieve Declarant from 14 CCRS -One Marina. docx