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08-23-1999 Council Packet
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08-23-1999 Council Packet
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17.5 <br />17.6 <br />17.7 <br />Easements . To have and use easements for itself, its employees, contractors, <br />representatives, agents and prospective purchasers through and over the Common <br />Elements for the purpose of exercising its special declarant rights. <br />Control of Association . To control the operation and administration of the <br />Association, including without limitation the power to appoint and remove the <br />members of the Board pursuant to Section 515B.3-103 of the Act, until the earliest of: <br />(i) voluntary surrender of control by Declarant, (ii) an Association meeting which shall <br />be held within 60 days after conveyance to Owners other than a Declarant of 75 % of <br />the total number of Units authorized to be included in the Property or (iii) the date <br />three (3) years following the date of the first conveyance of a Unit to an Owner other <br />than a Declarant. N'twithstanding the foregoing, the Owners other than a Declarant <br />shall have the right to nominate and elect not less than 33-1/3% of the directors at a <br />meeting of the Owners which shall be held within 60 days following the conveyance <br />by Declarant of 50% of the total number of Units authorized to be included in the <br />Property. <br />• % <br />Consent to Certain Amendments. As long as Declarant owns any unsold Unit, <br />Declarant's written consent shall be required for any amendment to the Governing <br />Documents or Rules and Regulations which directly or indirectly affects or may affect <br />Declarant's rights under the Governing Documents <br />SECTION 18 <br />RIGHTS TO ADD ADDITIONAL REAL ESTATE, <br />RELOCATE UNIT BOUNDARIES <br />18.1 Declarant's Ri2hts to Add Additional Real Estate . Declarant has not reserved the <br />right to add Additional Real Estate to the Property by unilateral action under Section <br />515B.2-lllofthe Act. <br />18.2 Rights to Relocate Boundaries and Alter Units. Existing or future Units may be <br />altered and Unit boundaries may be relocated only in accordance with the following <br />conditions. <br />a.Combining Units. An Owner may make improvements or alterations to such <br />Unit or, may, after acquiring an adjoining Unit, remove or alter any <br />intervening partition or create apertures therein in accordance with Section <br />515B.2-113 of the Act and Subsection d of this Section. <br />b.Relocation of Boundaries . The boundaries between adjoining Units may be <br />relocated in accordance with Section 515B.2-114 of the Act and Subsection d <br />of this Section.
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