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C. Alteration of~lans. Developer reserves the
right to change the interior design and arranqement of all
apartment units, and to alter the boundaries between apartments as
long as Developer owns the apartment so altere~. No such change
shall increase the ~umber of apartments nor alter the boundaries
of the common elements without amendment of this Declaration in
the manner provided herein. Any such changes made by the
Developer shall be reflected by an amendment to this Declaration.
lf more than one apartment is concerned, the Developer shall
apportion between the apartments, the shares in the common
elements appurtenant to'each of the apartments concerned. An
amendment of this Declaration reflecting authorized alteration of
apartment plans by Developer need to be signed and acknowledged
~nly by Develeger~and need nQt be aFproved by the CondominiLSr
Association, apartment owners, lienors or mortgagees, whether or
not such approval is otherwise required for an amendment.
ARTICLE IV
APARTMENT UNITS, COMMON ELEMENTS AND LIMITED COMMON ELEMENTS
The Condominium consists of apartment units, common
elements and limited common elements as said terms are herein
defined:
A. Apartment units, as the term is used herein
shall mean and comprise the teA (10) separate and numbered
apartrnent units which are designated in Exhibit "A" to this
Declaration of Condominium, which have the following boundaries:
i. Apartment unit boundaries. Each apartment
uni: shall include that part of the apartment building containing
the apartment unit which lies within the boundaries of the
apartment unit, which boundaries are as follows:
(a? Upper and Lower Boundaries. The upper
~nd lower bound~ries of the ~partment unit shall be the following
boundaries, extended to an intersection with the perimetrical
boundAries:
~
1. Upper Boundaries--the plane of the
undecorated finished ceiling of~the second floor of the unit.
•2. Lower Boundaries--the plane of the
undecorated finished floor of the first floor of the unit.
(b) Perimetrical Bovndaries. The
perimetrical boundaries of the apartment units shall be the
following boundaries extended to an intersection with the upper
and lower boundaries:
1. Exterior building walls--the
intersecting vertical planes adjacent to and including the
exterior of the outside walls of the apartment building bounding
an apartment unit and fixtures thereon; and when there is attached
to the building a balcony, porch, stairway or other porLion of the
huilding serving only the apartment unit being bounded, if -
applicable, such boundaries shall be the intersectinq vertical
nlanes adjacent to anc~ incluc3inq all of such structures and
fixtures thereon.
2. Interior building walls--the
vertical planes of the center line of walls bounding an apartment
unit extended to intersection with other perimetrical boundaries
with the following exceptions:
(A) If the walls between apartment
units are of varying thickness, or abut a column or shaft, the
plane of the center line of a k~ounding wall shall be extended to
an intersection with the connecting bounding plane without regard
to the plane of the center line of an intervening column or shaft.
(B) If walls of different thickness
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