04-25-2005 Council Packet - Laserfiche WebLink

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anal obligation of the owner and a as any lien for annual or special lie annual assessments provided for er the first conveyance of a Unit to hall be adjusted according to the irember 30 of each year the Board the following fiscal year and shall ent of annual assessments shall be nnual assessments it shall adopt a budget in reasmiable detail to be tion is prior to all other liens and ed before the Declaration, (ii) any ther governmental assessments or mortgage on a Unit is foreclosed, )wner redeems during the owner's , then the holder of the sheriffs II take title to the Unit subject to :tion 515B.3-115(a), (eXO to (3), jring the six months immediately r redemption. In a voluntary conveyance of a ments and other charges made by time of conveyance to the buyer, assessments shall remain against Mement, in recordable form, from Its against the Unit, including all I statement shall be binding on the hereby establishes an alternative aXOoftheAct Specifically, if a Declarant for initial sale shidl be of the same type until acertificate nunicipality in which the Unit is b reduced a ssessment diall apply led, and shall continue as to each vioualy described. In any event. this alternate assessment program shall end on the fifth anniversaiy of the recording of this Declaration. There are no assurances that this alternative assessment program will have no effect on the level of services for items set forth in the Association's budget. 11.00 EASEMENTS 11*01 Easement for Maintenance. Repair. Replacement and Reconstruction. Each Unit shall be subject to the rights of the Association to a non-exclusive easement on and over the Units to the extent necessary to fulfill the Association's obligations under this Declaration or the Act, including without limitation, to maintain the Common Elements, the Exterior Landscaping, the Common Improvements, the Atriums and the Office Structures. 11*02 Declarant's Easements . Declarant shall be the beneficiary of the easements for construction and sales activity described below. 11*03 Right of Enjoyment over the Common Area . Every owner and lawful occupant of a Unit, and the invitees of any such, shall have the non-exclusive ri^t to use and enjoy the Common Area for ingress and egress, parking, utility access, and enjoyment of open spaces, subject to reasonable rules and regulations adopted from time to time by the Board. Nothing herein shall be construed as a grant of easement rights to the public. 11*04 Recorded Easements . The Real Estate shall be subject to such other easements as may be recorded against it or shown on the CIC Plat 11*05 Permanen t Easements. All easements described in this Declaration are permanent casements, running with the land, and are an>urtenant They shall at all times inure to the benefit of and be binding on the owner and the mortgagee, from time to time, of any Unit and their respective heirs, successors, personal representatives or assigns. Subject to the restrictions set forth herein, an owner may delegate the right of eiyoyment of an easement to tenants. 11 *06 Continuatio n and Scope of Easements . Notwithstanding anything in this Declaration to the contrary, in no event shall an owner or occupant be denied reasonable access to its Unit or the right to utility services thoeto. The easements set forth in this Article 1 1.00 shall supplement and not limit any easements described elsewhere in this Declaration or otherwise recorded, and shall include reasoiuible access to the Conunon Elements through the Units as reasonably necessary for purposes of maintenance, repair, replacement and reconstruction. 12.00 ASSOCIATION MAINTENANCE RRSPONSIRn .lTY 12*01 Common Elements: Exterior Landscaping: Snow Plowing . In order to preserve the uniform and high standard of function and appearance of the Real Estate, the Association shall have the exclusive responsibility for the nuuntenance and repair of the Conunon Elements (including the ComnxMi Improvements), the exterior surfaces of the Atriums and Office Structures, ar^ the Exterior Landscaping, which responsibility shall include, but not be limited to, the resurfacing and striping of 8