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7.1.F. - Page 72
<br /> (2) The Residential Units include all Improvements and personal property
<br /> situated within its boundaries, including, but not limited to, interior walls (except interior load
<br /> bearing walls), appliances, cabinets, interior doors, and all electrical, heating, plumbing and other
<br /> utility fixtures. Any utility fixtures that are located partially within the Residential Units and partially
<br /> in the Common Area, such as electrical outlets, and that exclusively serve the Residential Units,
<br /> are part of the Residential Units. Areas above a dropped ceiling of a Residential Unit, and any
<br /> duct or utility chase that traverses a Residential Unit and that contain utilities that serve another
<br /> Condominium or two or more Condominiums are Common Areas and not part of the Residential
<br /> Unit.
<br /> The HVAC Fan Coil for the heating and air conditioning system of a Residential Unit is part of the
<br /> Unit that is to be operated and maintained by the Unit Owner. The condensers that service such
<br /> heating and air conditioning systems of a Residential Units are located in the Common Area and
<br /> shall be operated, maintained, repaired and replaced by the Association as part of the Residential
<br /> Common Expenses.
<br /> Commercial Units:
<br /> (1) The boundaries and dimensions of the Commercial Units are to be
<br /> measured from the interior unfinished perimeter walls, the unfinished bottom surfaces of the floor
<br /> slab located above, the unfinished floor or floor slab below, the 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, dropped
<br /> ceilings and ceiling framework, and other ceiling, floor or wall finishes. The Commercial Units do
<br /> not include the structural component of any bearing wall or other structure member necessary to
<br /> the support or structural rigidity of any portion of the Common Area.
<br /> (2) The Commercial Units include all Improvements and personal property
<br /> situated within its boundaries, including, but not limited to, interior walls (except interior load
<br /> bearing walls), dropped ceilings and ceiling framework, appliances, cabinets, interior doors, and all
<br /> electrical, heating, plumbing and other utility fixtures. Any utility fixtures that are located partially
<br /> within the Commercial Units and partially in the Common Area, such as electrical outlets, and that
<br /> exclusively serve the Commercial Units, are part of the Commercial Units. Areas above a dropped
<br /> ceiling are part of the Commercial Unit.
<br /> Each Unit is subject to such encroachments as are contained in the Building, whether the
<br /> same now exist or may be later caused or created in any manner referred to in Section 9.5. In
<br /> interpreting deeds and plans, the then existing physical boundaries of a Unit, when the boundaries
<br /> of the Unit are contained within a Building, or of a Unit reconstructed in substantial accordance
<br /> with the original plans thereof shall be conclusively presumed to be its boundaries rather than the
<br /> boundaries expressed in the deed or plans, or Condominium Plan, regardless of settling or lateral
<br /> movement of the Building and regardless of minor variance between boundaries shown on the plan
<br /> or deed, and those of the Building.
<br /> The foregoing provisions of this Section 2.2.A, stating and describing the boundaries and
<br /> dimensions of the Commercial Units, may not be amended, revised or deleted without the prior
<br /> written approval and consent of all of the Commercial Owners.
<br /> Each Unit shall have appurtenant to it nonexclusive rights for ingress, egress and support
<br /> through the Common Area subject to the rights of each Owner in the Exclusive Use Common Area
<br /> appurtenant to that Owner's Condominium.
<br /> B. Association Common Area: That portion of the Project, as defined in
<br /> Section 1.8 is the Association Common Area. The Association Common Area shall be conveyed to
<br /> the Association prior to the first conveyance of a Unit. Each Owner may use the Association
<br /> Common Area in accordance with the purposes for which it is intended subject to the Governing
<br /> Documents, without hindering the exercise of or encroaching upon the rights of any other Owners
<br /> subject to the rights of each Owner in the Exclusive Use Common Area appurtenant to that
<br /> Owner's Condominium.
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