AgdaPkt 2014-05-12 Joint with Planning

Browse Search

7.1.F. - Page 73 C. Building Common Area: Each Condominium Owner shall have, as appurtenant to his Unit, an equal undivided interest in the Building Common Area for the Phase of the Project in which his Unit is located. The Common Interest in the Building Common Area 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 interest in the Building Common Area cannot be separated from the Unit, and any conveyance or transfer of the Unit shall include the undivided interest, the Owner's membership in the Association, and any other benefits or burdens appurtenant to that Owner's Condominium. D. Residential Use Common Areas; Limitations on Commercial Units Access and Use: Notwithstanding anything otherwise stated in this Declaration, access and use of the Association Common Area and Building Common Areas by the Commercial Owners and the Occupants of the Commercial Units, and their Invitees shall limited and restricted to the following areas: [a] the portions of the Building in which the Commercial Unit is located that provides the exterior elements to the Commercial Unit, including, windows, doorways and other such areas serving the Commercial Unit; [b] the portion of the Garage that is established and designated on the Condominium Plan for use by Commercial Units; and [c] those portions of the Common Area over which a Commercial Unit is provided easements for Utility Facilities and use of HVAC equipment. All other portions of the Project shall be Residential Use Common Area, as to which the Commercial Owner shall not have or be entitled to use or access. The Commercial Owners and the Occupants of the Commercial Units shall not have access to or use of any other portions of the Association Common Area or Building Common Areas, the use and benefit of which are hereby established and limited for the use and benefit of the Residential Units and the Residential Units Owners and the Occupants of Residential Units, as the Residential Use Common Area, including, but not limited to, the those portions of Buildings that contain Residential Units as shown on the Condominium Plans and those areas of the Project that are established as lobbies, elevators, stairs, hallways, recreational areas and amenities, landscaped areas for the Residential Units of the Project, including those areas of the Podium that are situated above the Garage and within which are located landscaping and other improvements and facilities that are solely for the use and benefit of the Residential Owners as part of the Residential Use Common Area. No costs or expenses for the maintenance, repair or replacement of Residential Use Common Area shall be allocated to or assessed to the Commercial Units. E. Exclusive Use Common Areas — Residential Units: The following described portions of the Common Area, referred to as "Exclusive Use Common Areas," are set aside and allocated for the exclusive use of the Owner of the Residential Condominium to which they are attached or assigned as shown on the Condominium Plan, and are appurtenant to that Condominium: (1) the patio that is adjacent to a Residential Unit as shown on the Condominium Plan bearing the same number as the Unit; (2) the balcony that is adjacent to a Residential Unit as shown on the Condominium Plan bearing the same number as the Unit; In addition, the space between the exterior boundary of any Unit and the interior surface of any bay window or greenhouse window of a Unit, if any, are "Exclusive Use Common Areas" appurtenant to the Condominiums in which they are located. 10 [DRAFT][05.03.14] C:\Program Files\Neevia.Com\Document Converter\temp\4056.doc