HomeMy WebLinkAbout0957 (d) Membership of each unit owner in the Association
and the interests of each unit in the funds and assets held
by the Association;
(e) Membership of each unit owner in the Property
Owners Association and the interests of each unit in the
assets held by the Property Owners Association;
(f) The right to use all of the common elements for
their intended purposes, subject to the provisions of the
Declaration, the By-Laws, and such reasonable rules and
regulations as may from time to time be established by the
Association; but no use shall hinder or encroach upon the
lawful rights of other unit owners;
(g) The exclusive right to use such portion of the
common elements as may be provided by this Declaration to be
limited common elements appurtenant exclusively to the unit.
8. RESTRAINT UPON SEPARATION AND PARTITION OF COMMON
ELEMENTS AND LIMITED COMMON ELEMENTS. The undivided share In the
common elements and limited common elements which is appurtenant
to a unit shall not be separated therefrom and shall pass with the
title to the unit, whether or not separately described.
(a) A share in the common-elements and limited common
elements appurtenant to a unit may not be conveyed or
enc timbered except together with the unit;
(b) The shares in the common elements and limited
common elements appurtenant to the units shall remain
undivided, and no action for partition of the common elements
or limited common elements shall lie.
9. PERCENTAGE OWNERSHIP OF COMMON ELEMENTS AND SHARING OF
COMMON EXPENSES AND COMMON SURPLUS. The undivided share in the
common elements appurtenant to each unit and the percentage of
sharing common expenses and of owning common surplus attributable
to each unit is shown on Exhibit "C" attached hereto and
incorporated herein by reference. The respective undivided
interests as set forth in Exhibit "C" have been carefully
established, giving effect to numerous criteria, and cannot be
changed, altered or amended except as provided in this Declaration
or the Condominium Act.
10. TAX ASSESSMEiJT. For the purposes of ad-valorem
taxation, the interest of the owner of a condominium parcel in his
condominium unit and in the common elements shall be considered as
a unit. The value of the unit shall be equal to the percentage of
the value of the entire Condominium, including land and
improvements, as has been assigned to the unit as its undivided
share of the common elements by this Declaration. The total of
all of the percentages equals 100 of the value of all of the land
and improvements thereon.
11. EASEMENTS. The following easements are hereby granted:
11.1 Easements for Unintentional Encroachments.
Perpetual easements are granted and reserved for encroachments
presently existing or which may hereafter be caused by settlement
or movement of the building or minor inaccuracies in construction,
which easements shall continue until such encroachments no longer
exist. If any part of the condominium property is destroyed and
then rebuilt, encroachments due to construction shall be permitted
and a valid easement for said encroachments and the maintenance
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