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02-18-2025 Planning Commission Packet
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02-18-2025 Planning Commission Packet
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2/20/2025 12:29:39 PM
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2/20/2025 12:21:46 PM
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x Minutes and Agendas
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Agenda
Meeting Date
2/18/2025
Board
Planning Commission
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8 <br />within the boundaries of a Unit are a part of the Unit. <br /> <br />2.3. Appurtenant Easements. The Units shall be subject to and benefited by the easements described <br />in Section 12. <br /> <br />SECTION 3 <br />COMMON ELEMENTS, LIMITED COMMON ELEMENTS AND OTHER PROPERTY <br />3.1. Common Elements. The Common Elements and their characteristics are as follows: <br /> <br />3.1.1. All of the Property not included within the Unit boundaries and any load bearing <br />portions of any interior or perimeter walls, columns, ceilings or floors; and any common utility lines or <br />other common facilities located in or passing through a Unit shall be Common Elements. The Common <br />Elements include, but are not limited to, all areas and items listed in this Section 3, and those parts of <br />the Property designated as Common Elements on the Plat or in the Act. <br /> <br />3.1.2. The Common Elements shall be subject to (i) the easements described in this <br />Declaration and any other easements recorded against the Common Elements; (ii) the rights of Owners <br />and Tenants in any Limited Common Elements allocated to their respective Units; and (iii) the right of <br />the Association to establish reasonable Rules and Regulations governing the use of the Property. <br /> <br />3.2. Limited Common Elements. The Limited Common Elements are those parts of the Common <br />Elements reserved for the exclusive use of the Owners and Tenants of the Units to which they are allocated. The <br />rights to the use and enjoyment of the Limited Common Elements are automatically conveyed with the <br />conveyance of such Units. The Limited Common Elements are described and allocated to the Units, as follows: <br /> <br />3.2.1. Those items or areas designated as Limited Common Elements on the Plat are allocated <br />to the Units indicated thereon. <br /> <br />3.2.2. Improvements, if any, such as loading dock platforms, built-in vehicle lifts, decks, <br />balconies, awnings, exterior windows and doors, driveways, walks, walkways or entryways constructed <br />as part of the original construction to serve a single Unit or Units, and replacements and modifications <br />thereof authorized pursuant to Section 8, located wholly or partially outside the Unit boundaries, are <br />allocated to the Unit or Units which they serve. <br /> <br />3.2.3. Chutes, flues, ducts, drains, pipes, wires, conduit or other utility installations, bearing <br />walls, bearing columns, or any other components or fixtures located wholly or partially outside the Unit <br />boundaries, and serving only that Unit or Units, are allocated to the Unit or Units they serve. Any portion <br />of such installations serving or affecting the function of the Common Elements is a part of the Common <br />Elements. <br /> <br />3.2.4. Heating, ventilating, air conditioning, plumbing, electrical or mechanical equipment <br />serving only a certain Unit or Units and located wholly or partially outside the Unit boundaries is <br />allocated to the Unit or Units served by such equipment. <br /> <br />3.3 Annexation of Other Property. In addition to the Additional Real Estate, which may be <br />unilaterally annexed only by the Declarant, other real property may be annexed to the common interest <br />community as Common Elements and subjected to this Declaration, in accordance with Section 515B.2-125 of <br />the Act. <br /> <br /> <br />SECTION 4 <br />ASSOCIATION MEMBERSHIP; RIGHTS, INTERESTS AND OBLIGATIONS <br />56
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