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HomeMy WebLinkAbout1363 3 I 5.4 Amendment of Plana. (a) Alteration of A artment Plans. The Developer y reserves the right to c ange t e nter or es gn and arrangement of all apartments and to alter the boundaries between apartments, as long as it owns the apartments to be altered. No such change will increase the number of apartments nor alter the boundaries of the common elements without amendment of this Declaration in the manner described in Article 16 hereof. If the Developer shall make any changes in apartments, as herein authorized, such changes will be reflected by an amendment of this Declaration= and ff more than one apartment is concerned, the Developer shall equitably apportion between the apartments the shares in the common elements appurtenant to the apartments concerned, in such proportions as the floor spate of each apartment bears to that of every other apartment. However, no changes or amendments to the design plan of the apartments may be made by the Developer without the consent of the construction mort- gagee. ~ (b) Amendment of Declaration. When the condominium improvements have been substant a y comp eted, this Declaration ~ shall be amended to include the Certificate of a Surveyor authorized to practice in this State certifying that the construction is sub- t stantially complete, and that the provisions of this Declaration describing the condominium property, together with the exhibits attached hereto, is an accurate representation of the location and dimensions of the improvements, and that the identification, lots- ~ tion, and dimensions of the common elements and of each unit can be determined from-these materials. 5.5 Easements are reserved through the condominium property, as shown in the Exhibits, in order to adequately serve this condominium and the four (4) other condominiums to be known as OCEAN HARBOUR, which shall be established and constructed substant- ially as shown in Exhibit "A-2" hereto attached; however, such easements as may exist or may be required through an apartment will be only according to the plans and specifications for the apartment building,. or as the building is constructed. As to all easements there is reserved to the Association, its agents, successors or assigns and to the apartment owners their agents, heirs or assigns, and to the apartment owners of the four (4) other.condominiums to be known as OCEAN HARBOUR, their agents, heirs or assigns, the right of ~ ingress, egress and access to such an extent ,as may be necessary or required for the full use, enjoyment, maintenance or repair of said ~ 4 easement or any improvements using or located thereon. I 5.6 Easement Appurtenant. Cross easements to all common ~ E elements are hereby granted to all apartment owners in OCEAN HARBOUR CONDOMINIUMS A, B, C, D,,and E as an easement appurtenant, as more ~ specifically provided in Section 5.1(c) above. 5.7 Improvements - General Description. (a) Apartment Building. The condominium includes one apartment building. It consists of eight (8) floors and contains apartments and common elements. . (b) Other Im rovements. The condominium includes ~ grounds, landscaping, automobi a parting areas, and other facilities located substantially as shown upon the plans and which are part of ~ the common elements. 5.8 Apartment Boundaries. Each apartment will include that part of the building containing the apartment that lies within ~ the boundaries of the apartment, which boundaries are as follows: ~ t (a) U er and lower boundaries. The upper and lower boundaries of the apartments w 11 be the fo owing boundaries, extended to an intersection with the perimetrical boundaries: -4- ~ 8(q! ~ P ~ ~i~61 _ -v_