AgdaPkt 2014-06-23 Closed and Joint SA

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7.1.L. - Page 60 attorney-in-fact of such Owner,to execute and deliver all documents and interests to accomplish the action, including, but not limited to, grant deeds, easements, subdivision maps, and lot-line adjustments. Notwithstanding anything herein to the contrary, in no event shall the Board or Declarant: (i)take any action authorized hereunder that would permanently and unreasonably interfere with the use, occupancy and enjoyment by any Owner of his or her Condominium or any Exclusive Use Common Area without the prior written consent of that Owner; or(ii)grant exclusive use of any portion of the Common Area to any Owner without the affirmative vote of a majority of the Members present in person or by proxy at a duly held meeting, unless Member approval is not required as described in Civil Code section 4600. If Member approval is required,the Board, in placing the measure before the Members,shall describe whether the Association will receive a monetary consideration for the grant and whether the Association or the transferee is responsible for providing insurance coverage for the Exclusive Use Common Area and shall comply with the secret balloting requirements of Article 4 (commencing with Civil Code section 5100) of Chapter 6 of the Davis- Stirling Act. Furthermore,the conveyance of fee title to any portion of the Common Area as authorized in this Section 2.7 (other than conveyances made as a part of lot-line adjustments)shall require the consent of a majority of the total voting power of the Association other than Declarant and such consent of the Mortgagees as may be required by Article 10. 2.9 Delegation of Use Rights. An Owner's Permittees may use and enjoy any Common Area Improvements. All such use shall be subject to restrictions contained in this Declaration and the Rules. If an Owner leases his or her Condominium, neither the Owner nor the Owner's Permittees shall be entitled to use any Common Area Improvements other than such use as is directly related to the Owner's rights and duties as a landlord. Such rights may be enjoyed by the Occupant and Occupant's Permittees during the term of the rental agreement. Any Owner who rents his or her Unit must comply with the requirements of Section 3.2. 2.10 Exclusive Use Common Area. The portions of the Common Area shown on the Condominium Plan and described in Sections 2.10.1, 2.10.2, 2.10.3,2.10.4 and 2.10.5 are set aside for the exclusive use of the Occupants of certain Units and constitute Exclusive Use Common Areas. If there is any conflict between the dimensions or location of Exclusive Use Common Area garages,garage spaces, parking spaces, patios, decks, porches, and exterior stair cases as shown on the Condominium Plan and their dimensions and location as installed at the time of the original construction of the Development, the dimensions and/or location as built shall control. Except as described herein, no other portion of the Common Area is Exclusive Use Common Area. Exclusive Use Common Area rights are appurtenant to the Condominium to which the rights are assigned and may not be separated therefrom. Any transfer of the Condominium automatically transfers the exclusive use rights appurtenant thereto regardless of whether the instrument of transfer describes the Exclusive Use Common Area rights. The right to use any Exclusive Use Common Area may not be transferred to any Person other than to an Occupant of the Condominium for use in connection with the occupancy of the Condominium. Any authorized use transfer shall be a license only and shall not transfer any other interest in the Exclusive Use Common Area, which shall remain appurtenant to the Condominium to which it is assigned. No Exclusive Use Common Area may be transferred via a license to any Person who is not an Occupant of a Unit. 2.10.1 Patios. The areas designated"PT"on the Condominium Plan followed by a number are Exclusive Use Common Area patios reserved for the exclusive use of the Occupants of the Unit with the same number, provided that an adjoining Condominium Owner shall be provided temporary access to the Exclusive Use Common Area patio as may be reasonably necessary to maintain, repair and replace Improvements within the requesting Owner's Unit under such terms and conditions as may be approved of the Board. 2.10.2 Decks. The areas designated "D"on the Condominium Plan followed by a number are Exclusive Use Common Area decks reserved for the exclusive use of the Occupants of the Unit with the same number. CLSS\51643\927586.5 6 June 16,2014