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03-17-2025 - Agenda Packet Planning Commission - PC Packet
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03-17-2025 - Agenda Packet Planning Commission - PC Packet
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2/12/2026 10:57:21 AM
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3/18/2025 9:25:39 AM
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Administration
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Agenda Packet Planning Commission
Section
Planning Commission
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PC Packet
Document Date
3/17/2025
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9 <br />and items listed in this Section 3, and those parts of the Property designated as Common <br />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 <br />this Declaration and any other easements recorded against the Common Elements; (ii) the <br />rights of Owners and Tenants in any Limited Common Elements allocated to their <br />respective Units; and (iii) the right of the Association to establish reasonable Rules and <br />Regulations governing the use of the Property. <br /> <br />3.2. Limited Common Elements. The Limited Common Elements are those parts of <br />the Common Elements reserved for the exclusive use of the Owners and Tenants of the Units to <br />which they are allocated. The rights to the use and enjoyment of the Limited Common Elements <br />are automatically conveyed with the conveyance of such Units. The Limited Common Elements <br />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 <br />are allocated to the Units indicated thereon. <br /> <br />3.2.2. Improvements, if any, such as loading dock platforms, built-in vehicle <br />lifts, decks, balconies, awnings, exterior windows and doors, driveways, walks, <br />walkways or entryways constructed as part of the original construction to serve a single <br />Unit or Units, and replacements and modifications thereof authorized pursuant to Section <br />8, located wholly or partially outside the Unit boundaries, are allocated to the Unit or <br />Units which they serve. <br /> <br />3.2.3. Chutes, flues, ducts, drains, pipes, wires, conduit or other utility <br />installations, bearing walls, bearing columns, or any other components or fixtures located <br />wholly or partially outside the Unit boundaries, and serving only that Unit or Units, are <br />allocated to the Unit or Units they serve. Any portion of such installations serving or <br />affecting the function of the Common Elements is a part of the Common Elements. <br /> <br />3.2.4. Heating, ventilating, air conditioning, plumbing, electrical or mechanical <br />equipment serving only a certain Unit or Units and located wholly or partially outside the <br />Unit boundaries is 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 <br />may be unilaterally annexed only by the Declarant, other real property may be annexed to the <br />common interest community as Common Elements and subjected to this Declaration, in <br />accordance with Section 515B.2-125 of the Act. <br /> <br /> <br />SECTION 4 <br />ASSOCIATION MEMBERSHIP; RIGHTS, INTERESTS AND OBLIGATIONS <br />Membership in the Association, and the allocation to each Unit of a portion of the votes <br />in the Association and a portion of the Common Expenses of the Association and undivided <br />interests in the Common Elements, shall be governed by the following provisions: <br />122
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