10-10-2005 Council Packet - Laserfiche WebLink

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6.00 BOUNDARIES 6.01 The Unit boundaries shall be the boundary lines of the platted lots as designated on the CIC Plat. The Units have no upper or lower boundaries. 7.00 USE OF UNITS 7.01 All Units are restricted to non-residential use. 8.00 COMMON ELEMENTS AND LIMITED COMMON ELEMENTS 8.01 Common Elements. The Common Elements include the Common Area and those parts of the Real Estate designated as Common Elements in the Act, the Association's and the owners' easement rights set forth below, and the Common Improvements. The Common Elements shall be subject to appurtenant easements for services, public and private utilities, access, use and enjoyment in favor of each Unit and its owners and occupants; subject to (i) the rights of owners and occupants in Limited Common Elements appurtenant to their Units and (ii) the right of the Association to establish reasonable Rules and Regulations governing the use of the Real Estate. The nuintenance, repair, replacement, control, management and operation of the Common Elements shall be the exclusive responsibility of the Association. Common Expenses for the maintenance, repair, replacement, management and operation of the Common Elements shall be assessed and collected from the owners in accordance with this Declaration. 8.02 Limited Common Elements. The Limited Common Elements are those parts of the Common Elements reserved for the exclusive use of the owners and occupants of the Units to which they are allocated, and the rights to the use and enjoyment thereof are automatically conveyed with the conveyance of such Units. The Limited Common Elements allocated to the Units include each Atrium adjacent and allocated to two Units, and the water, sewer, natural gas, electrical, telephone, data and other utility pipes, wires, conduits and fixtures located in the Common Area but serving fewer than all of the Units. 9.00 ALLOCATION OF VOTING POWER AND COMMON EXPENSES 9.01 Common Expenses . Each of the Units is hereby allocated an equal share of the Common Expenses of the Association. However, certain expenses may be assessed on a difTerent basis, or against one Unit or fewer than all Units, under the following circumstances: Any common expense associated with the maintenance, repair, or replacement of a Limited Common Element undertaken by the Association shall be assessed exclusively against the Unit or Units to which that Limited Common Element is assi^ed, and if it is assigned to more than one Unit, on the basis of (i) equality, (ii) square footage of the area being maintained, repaired or replaced, or (iii) the actual cost incurred with respect to each Unit.