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convey, devise, encumber or otherwise trade or deal with the
entire apartment unit: Any insturment conveying, devishing,
encumberinng or otherwise dealing with any apartment unit which
describes said apartment by numerical or alphabetical designation
assigned thereto in ~chib~it •A" without limitation or exception,
shall be deemed and construed to affect the entire apartment unit
and its appurtenant undivided interest in the common elements.
Nothing herein contained shall be construed as limiting or
preventing ownership of any apartment unit and its appurtenant
undivided interest in the common elements by more than one person
or entity as tenants in common, joint tenants or as tenants by the
entirety.
B. Subdivision. No apartment unit may be divided
or subdivided into a smaller apartment unit or smaller apartment
units than is shown on Exhibit A~ hereto, nor shall any apartment
unit or portion thereof be added to or incoporated in any other
apartment unit.
. C. Perpetual Non-Exclusive Easement in Common
Elements. The common elements hsall be, and the same are hereby
declared to be subject to a perpetual non-exclusive easement over
such street, walks and other rights of way serving the apartment
units of the Condominium as part of the common elements as shall
be necessary to provide reasonable access to the public ways which
said easements hereby created, in favor of all of the unit owners _
of apartment units in the Condominium fQr their use and the use of
their immediate families, guests and invitees, for all proper and
normal purposes and for the furnishing of the services and
facilities for which the same are reasonable intended.
Notwithstanding anything to the contrary as provided in this
Declaration, or in the exhibits hereto, the INDIWE CONDOMINIUM,
INC. hereinafter identified, shall have
the right to establish the rules and regulations governing the use
and enjoyment of all common elements and pursuant to which the
unit owner or owners of any apartment unit may be entitled to the
exclusive use of any area or space or spaces.
D. Partition of Common Elements. Recognizing that
the proper use of an apartment unit by any unit owner or owners is
dependent upon the use and enjoyment of the common elements in
common with the owners of all other apartment units, and that it
is in the interest of all unit owners of apartments that the
ownership of the common elements be retained in common by the
owners of apartments in the condiminium, it is declared that the
percentage of the undivided interest in the common elements
appurtenant to each apartment unit shall remain undivided and no
owner of any apartment unit shall bring or have any right to bring
any action for partition or division.
E. Easement for Unintentional and Non-Negligent
Encroachments. In the event any apartment unit shall encroach
upon any common elements for any reason not caused by the
purposeful or negligent act of the apartment unit owner or owners
or agents of such owner or owners, then an easement appurtenant to
such apartznerit unit shall exist for the continuance of such
encroachment unto the common elements for so long as such
encroachment shall naturally exist; and, in the event that any
portion of the common elements shall encroach upon any apartment
unit, then an easement shall exist for the continuance of such
encroachment of the common elements into any apartment unit for so
long as such encroachment shall naturally exist.
F. Easement for Air Space. The owner of each
apartment unit shall have an exclusive easement for the use of the
air space occupied by said apartment unit as it exists at any
particular time and as said apartment 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.
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