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6. 1. B. - Page 51 ARTICLE II. DESCRIPTION OF PROJECT, DIVISION OF PROPERTY, AND CREATION OF PROPERTY RIGHTS 2.1. Description of Project: The Project is a Condominium Project within the meaning of California Civil Code § 1351(f) consisting of the land, the one hundred thirty two (132) Condominiums and all other improvements located within the Project. Reference is made to the Condominium Plan to be recorded and conditions of approval for the Project for further details. 2.2. Division of Property: The Project is divided as follows: A. Units: Each of the Units as separately shown, numbered and designated in the Condominium Plan, shall consist of the space bounded by and contained within the interior unfinished surfaces of the perimeter walls, floors, ceilings, windows, window frames, doors and door frames and trim, of each Unit, each of such spaces being defined and referred to herein as a "Unit ". Bearing walls located within the interior of a Unit are Common Area, not part of the Unit, except for the finished surfaces thereof. (1) Each Unit includes the utility installations and equipment located within its boundaries or located on the Balcony or Patio of the Unit as to which the Owner has exclusive use, including, without limitation, fan coils, lighting fixtures, cabinetry, and heat pumps located on the roof of the garage. (2) Each Unit includes both the portions of the Building so described and the airspace so encompassed. The Unit does not include those areas and those things which are defined as "Common Area" in Section 1.12. Each Unit is subject to such encroachments as are contained in the Condominium Building, whether the same now exist or may be later caused or created in any manner referred to in Section 10.5. In interpreting deeds and plans, the then existing physical boundaries of a Unit, when the boundaries of the Unit are contained within a Condominium Building, or of a Unit 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 plans, or Condominium Plan, regardless of settling or lateral movement of the Condominium Building and regardless of minor variance between boundaries shown on the plan or deed, and those of the Building. Each Unit shall have appurtenant to it nonexclusive rights for ingress, egress and support through the Common Area subject to the rights of each Owner in the Exclusive Use Common Area appurtenant to that Owner's Condominium. B. Common Area: The remainder of the Project [other than the Units] constitutes "Common Area" as defined in Section 1.12. Each Condominium Owner shall have, as appurtenant to his or her Unit, an equal undivided one hundred thirty second (11132 "d ) interest in and to the Common Area. The Common Interest appurtenant to each Unit is declared to be permanent in character and cannot be altered without the consent of all the Owners affected, as expressed in an amended Declaration. The undivided Common Interest cannot be separated from the Unit, and any conveyance or transfer of the Unit shall include the undivided Common Interest, the Owner's membership in the Association, and any other benefits or burdens appurtenant to that Owner's Condominium. Each Owner may use the Common Areas in accordance with the purposes for which they are intended subject to the Governing Documents, without hindering the exercise of or encroaching upon the rights of any other Owners subject to the rights of each Owner in the Exclusive Use Common Area appurtenant to that Owner's Condominium. 7 03/06/12 T:IWPWIN601PR0IECTS1333 MAIN STREET \DEC - DRAFTING FORM[7][03 06 12].doc