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HomeMy WebLinkAbout2212elements encroaches upon another~ a-valid easement for the encroachment and maintenance of such encroachment shall and does exist for so long as the encroaching improvement stands. In the event a Condominium building or buildings are partially or totally destroyed and then rebuilt. the Unit Owners agree that minor encroachments on parts of the common elements or limited common elements or Units, as aforedescribed due to construction, shall be permitted and that a valid easement for said encroachments and the maintenance thereof shall exist. ~, id~~~igication of Units Surve Shares of Com~an Elements, Prorat ons o Commnon Expenses, ot ng . g ts 5.01 The land described on Exhi.bit A, and the improve- ments thereon, together with common elements and limited commaon elements constitute the Condominium Property. All floor plans and plot plans and all legends and notes thereon contained are incorporated herein and made a part hereof by reference, and said plans have been certified in the manner required by the Condominium Act and are attached hereto or will be attached hereto by Amendment to the Declaration filed at the time the Condominium is substantially complete. 5.02 The undivided interest owned by each Unit 0~-mer in the common elements is set forth on Exhibit E attached hereto. The percentage assigned each Unit shall be the basis upon which assessments are made, as provi~ed for in Article 23 herein. 5.03 Subject to any provisions of the Bylaws of the Association applicable thereto, each record owner~ or the record owners collectively, of a Unit shall be entitled to one (1) vote for each Unit owned with respect to all matters on which a vote by Unit Owners is to be taken under the Condominiur_~ Documents or the Condominium Act. The vote of the record owners of a Unit owned by more than one natural person or by a corporate or other legal entity shall be cast by the person named in a certificate signed by all of the record owners of the Unit, or of the respective legal entity, and filed with the Secretary of the Condominium Association. Such certificate shall be valid until revoked by a subsequent certificate. If such certificate is not filed with the Secretary of the Condominium Association~ the vote of the Owners of such Unit shall not be considered for any purpose except that if a Unit is owned solely by natural person and all such na.tural persons attending the meeting (whether they be all or less than all the Owners of that Unit) vote uaianimously on a given issue, their vote will be valid on that issue notwithstanding that a voting certificate is not on file with the Condominium Association. _ 6 BOOK ~~ fAGE 2210