HomeMy WebLinkAbout0636 E. Agreeing that the persons acting as Directors and Offi- ~
cers of the Property Owners' Association entering into such documents ;
have not breached any of their duties or cbligations to the Property
Owners' Association.
F. It is specifically recognized that aome or all of the
persons comprising tlie original Board of Directors and Officers of the
Property Owners' Association are or may have an intereat in or be em-
ployed by the Developer, and that such ciroumstaace shall not and
cannot be construed or considered as a breaeh of their duties and
obligations to the Property Owners' Association, nor as possible
qrounds to invalidate such documents in whole or in part.
The right of the unit owners, including members of their
family and temporary residents in their unit, and guests and invitees,
to use the facilities owned or to be owned by the Property Owners'
Association is as set forth and specif ied in said documents.
None of the facilities or properties owned by the Property
Owners' Association shall~be deemed a part of the Condominium property
of the Condominium created by virtue of this Declaration of Condomin- _
bum; however, all covenants, conditions, promises and obligations con--
tained in the Articles of Incorporatio~, By-Laws and Covenants and
Restrictions of the Property Owners' Agsoaiation and contained in
this Declaratior~ of Condominium and the other Exhibits attached
hereto, where applicable or implied by law, are covenants running with
the Condominium property, including all Condominium parcels.
XVIII
. MISCELLANEOUS PROV~SYONS -
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A. The owner of the respective "condominium unit" shall
not be deemed to own the undecorated and/or unfinished surtaces of
the perimeter walls, floors and ceilinqs surrounding his respective
condominium unit, nor shall the unit owner be deemed to own pipes,
wires, conduits, or other public utility li.nes running through said ;
respective condominium unit which are utilized for or serve more '
than one condominium unit, which items are by these p~esents hereby
made part of the common elements. Said unit owner, however, shall be
I deemed to own the walls and partitions which are contained in said~ ~
t unit owner's respective condominium unit, and also shall be deemed
, to own the inner decorated and/or finished surfaces of the perimeter
~ walls, floors and ceilings, inaluding plaster, paint, wallpaper, etc.
~ No alteration or addition to bearing walls shall be made without the
~ written approval of the Association and all applicable mortgaqees.
B. The owners of the respective condominium units agree that
if any portion of a condominium unit or common element or limited
common element encroaches upon another, a valid easement for the en- ~
croachment and maintenance of same, as long as it stands, shall and
does exist. In the event the condominium building is partially or ~
totally destroyed, and then rebuilt, the owners of the condominium
parcels agree that encroachments of parts of the coimc~on elements or
limited common elements or condominium units, as aforedescribed, due f
to construction, shall be permitted, and that a valid easement for said
encroachments and the maintenance thereof shall exist. k
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C. The owner of a condominium parcel may not exempt h3.m-
self from liability for his contribution toward the common expenses by
~ waiver of the use and enjoyment of any of the common elements, or by
the abandonment of his condominium unit. ~
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D. The owners of each and every condominium parcel shall
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~ return the same for the purpose of ad valorem taxes with the Tax
Assessor of the County wherein the Condominium is situate, or such
other future- legally authorized goverrunental authority or o~ficer hav-
ing jurisdiction over the same. Nothinq herein shall be construed,
however, as giving to any unit owner the right o£ contribution or any
' right of adjustment against any other unit owner on acCOunt of any ~
deviation by the taxing authorities from the valuations herein pre- ~
- scribed, each unit owner to pay such ad valorem taxes and special assess-
ments as are separately assessed against his "condominium parcel".
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