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7.1.F. - Page 71
<br /> 1.82. "Unit": The element of a Condominium that is owned separately, consisting of a
<br /> separate interest in space, the boundaries of which are described as the area designated "Unit" in
<br /> the Condominium Plan. The elements of the Condominium as defined herein and in Civil Code §
<br /> 4125(b), which are not owned in common with the Owners of other Condominiums in the Project
<br /> as further provided in Section 2.2.A. Each Unit is identified by separate number on the
<br /> Condominium Plan. The Units are either Residential Units or Commercial Units.
<br /> 1.83. "Utility Facilities": Defined in Section 6.1.
<br /> ARTICLE II. DESCRIPTION OF PROJECT, DIVISION OF PROPERTY, AND CREATION OF
<br /> PROPERTY RIGHTS
<br /> 2.1. Description of Project: The Project is a mixed use condominium project within the
<br /> meaning of Civil Code § 4125 consisting of the land, and, initially, the (_)
<br /> Residential Condominiums and the Commercial Unit situated in Phase 1, and subsequently the
<br /> Residential Condominiums added to the Project in further Phases, if Annexed pursuant to the terms
<br /> of this Declaration, and all other improvements located thereon. Reference is made to the
<br /> Condominium Plan for further details.
<br /> A. The Project consists of Association Common Area, title to which is to be
<br /> held by the Association, and Building Common Areas, the ownership of which will be held by the
<br /> Owners of the Units in the Phase in which Building in which those Units are situated.
<br /> B. Portions of the Common Areas are hereby established as designated as
<br /> "Residential Use Common Areas", which, as provided in Section 2.2, are established and reserved
<br /> for use only by the Residential Unit Owners or other Occupants of the Residential Units and the
<br /> permitted Invitees of Residential Units Owners or other Occupants of the Residential Units, to the
<br /> exclusion of the Commercial Unit Owners and Occupants of the Commercial Units and the Invitees
<br /> of Commercial Unit Owners. No costs or expenses for the maintenance, repair or replacement of
<br /> Residential Use Common Area shall be allocated to or assessed to the Commercial Units.
<br /> 2.2. Division of Property: The Project is divided as follows:
<br /> A. Units: Each of the Units as separately shown, numbered and designated
<br /> in the Condominium Plan, consists of the space bounded by and contained within the boundaries
<br /> described on the Condominium Plan, together with all improvements therein, each of such spaces
<br /> being defined and referred to herein as a "Unit". Each Unit includes both the portions of the
<br /> Building so described and the airspace so encompassed. The Unit does not include those areas
<br /> and those things which are defined as "Association Common Area" in Section 1.8, or that area
<br /> defined as "Building Common Area" in Section 1.12. Each Unit is subject to such encroachments
<br /> as are contained in the Building, whether the same now exist or may be later caused or created in
<br /> any manner referred to in Section 9.5. In interpreting deeds and plans, the then existing physical
<br /> boundaries of a Unit, when the boundaries of the Unit are contained within a Building, or of a Unit
<br /> reconstructed in substantial accordance with the original plans thereof shall be conclusively
<br /> presumed to be its boundaries rather than the boundaries expressed in the deed or plans, or
<br /> Condominium Plan, regardless of settling or lateral movement of the Building and regardless of
<br /> minor variance between boundaries shown on the plan or deed, and those of the Building. Each
<br /> Unit shall have appurtenant to it nonexclusive rights for ingress, egress and support through the
<br /> Common Area subject to the rights of each Owner in the Exclusive Use Common Area appurtenant
<br /> to that Owner's Condominium.
<br /> Residential Units:
<br /> (1) The boundaries and dimensions of the Residential Units are to be
<br /> measured from the interior unfinished perimeter walls, ceilings, floor, windows, window frames, and
<br /> perimeter doors and door frames, provided that the Unit includes the wall boards, sheet rock, paint
<br /> on the interior surfaces, wallpaper, paneling, outlets, stain, tile, hardwood floors, carpet and other
<br /> ceiling, floor or wall finishes. The Residential Units do not include the structural component of any
<br /> bearing wall or other structure member necessary to the support or structural rigidity of any portion
<br /> of the Common Area.
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