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<br />11.5. Association’s Authority. In all cases involving reconstruction, condemnation, eminent domain,
<br />termination or liquidation of the common interest community, the Association may (i) act on behalf of the
<br />Owners in all proceedings, negotiations and settlement of claims, or (ii) delegate the authority to act to an Owner
<br />or Owners of the affected Units if the casualty affects fewer than all Units. If such authority is retained and
<br />exercised by the Association, then all proceeds shall be payable to the Association to hold and distribute for the
<br />benefit of the Owners and their Mortgagees. Mortgagees are entitled to priority for awards and distributions in
<br />accordance with the priorities established by the Act and their mortgage loan documents, as their interests may
<br />appear.
<br />
<br />SECTION 12
<br />EASEMENTS
<br />The following appurtenant easements and rights are hereby granted, conveyed, dedicated and reserved
<br />on, over, under and across the Property, as applicable.
<br />
<br />12.1. Access. Each Unit shall be the beneficiary of a nonexclusive easement for access to and from
<br />public roadways and walkways on and across those portions of the Common Elements designated for use as
<br />roadways, driveways or walkways, as originally constructed, shown on the Plat or otherwise designated by the
<br />Association, subject to any restrictions authorized by (i) the Governing Documents or the Rules and Regulations,
<br />or (ii) any governmental authority.
<br />
<br />12.2. Use and Enjoyment. Each Unit shall be the beneficiary of nonexclusive easements for use and
<br />enjoyment on and across the Common Elements and any Limited Common Element allocated to the respective
<br />Units, subject to any restrictions authorized or imposed by the Governing Documents.
<br />
<br />12.3. Structural Support. Each Unit and the Common Elements shall be subject to and the beneficiary
<br />of nonexclusive easements for structural support in all walls, columns, joists, girders and other structural
<br />components located in or passing through another Unit or other parts of the Building or shared with an adjoining
<br />Unit or the Common Elements.
<br />
<br />12.4. Encroachments. Each Unit and the Common Elements, and the rights of the Owners and
<br />Tenants therein, shall be subject to a nonexclusive easement in favor of the adjoining Units for encroachments
<br />caused by the construction, reconstruction, repair, shifting, settlement or movement of any part of the Property,
<br />and for any improvement which is added in compliance with Section 8. If there is an encroachment upon another
<br />Unit or the Common Elements, as a result of any of the aforementioned causes, an easement shall exist for the
<br />encroachment, for the use, enjoyment and habitation of any encroaching Unit or improvement, and for the
<br />maintenance thereof. Any improvement added pursuant to Section 8 shall be limited to minor encroachments,
<br />and no easement shall exist unless the proposed improvement has been approved and constructed as required by
<br />this Declaration. Such easements shall continue for as long as the encroachment exists and shall not affect the
<br />marketability of title.
<br />
<br />12.5. Maintenance, Repair, Replacement and Reconstruction. Each Unit, and the rights of the Owners
<br />and Tenants thereof, and the Common Elements and Limited Common Elements, shall be subject and benefited
<br />by a nonexclusive easement in favor of the Association for the maintenance, repair, replacement and
<br />reconstruction of the Common Elements, Units and any improvements related thereto, and utilities serving the
<br />Units, to the extent necessary to fulfill the Association’s obligations under the Governing Documents. Each
<br />Owner shall afford to the Association and its management agents and employees, access at reasonable times and
<br />upon reasonable notice, to and through the Unit and its Limited Common Elements for maintenance, repair and
<br />replacement; provided that access may be had without notice and at any time in case of emergency.
<br />
<br />12.6. Utilities and Services. The Common Elements and the Units shall be subject to and benefited
<br />by non-exclusive easements in favor of the Association, the City and all utility companies and other service
<br />providers for the installation, use, maintenance, repair and replacement of all utilities, services and common
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