HomeMy WebLinkAbout0803as the unit may lawfully be altered or reconstructed from
time to time, which easement shall be terminated
automatically in any air space which is vacated from
time to time;
(d) Membersfiip of each unit owner in the Association
and the interests of each unit in the funds and assets held
by the Association;
(e) 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;
(f) 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 CONII~ION ELEMENTS . T~e undividec~ 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
encumbered 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 undivic~ec~ 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 ASSESSMENT. 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 comnon 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. EASEI~NTS. The following easements are hereby
granted or reserved:
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,
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FEE. KOBLEGARD & TEEL. P. A.
ATTORNEYS AT LAW
POST OFFiCE BO% 1000
FORT PIERC[. FLORIDA 3J~50
Tttt-wOht: (!06) ~61-6020
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