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<br />authorized by (i) the Governing Documents or the Rules and Regulations, or (ii) any
<br />governmental authority.
<br />
<br />12.2. Use and Enjoyment. Each Unit shall be the beneficiary of nonexclusive easements
<br />for use and enjoyment on and across the Common Elements and any Limited Common Element
<br />allocated to the respective Units, subject to any restrictions authorized or imposed by the
<br />Governing Documents.
<br />
<br />12.3. Structural Support. Each Unit and the Common Elements shall be subject to and
<br />the beneficiary of nonexclusive easements for structural support in all walls, columns, joists,
<br />girders and other structural components located in or passing through another Unit or other parts
<br />of the Building or shared with an adjoining Unit or the Common Elements.
<br />
<br />12.4. Encroachments. Each Unit and the Common Elements, and the rights of the
<br />Owners and Tenants therein, shall be subject to a nonexclusive easement in favor of the
<br />adjoining Units for encroachments caused by the construction, reconstruction, repair, shifting,
<br />settlement or movement of any part of the Property, and for any improvement which is added in
<br />compliance with Section 8. If there is an encroachment upon another Unit or the Common
<br />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,
<br />and for the maintenance thereof. Any improvement added pursuant to Section 8 shall be limited
<br />to minor encroachments, and no easement shall exist unless the proposed improvement has been
<br />approved and constructed as required by this Declaration. Such easements shall continue for as
<br />long as the encroachment exists and shall not affect the marketability of title.
<br />
<br />12.5. Maintenance, Repair, Replacement and Reconstruction. Each Unit, and the rights
<br />of the Owners and Tenants thereof, and the Common Elements and Limited Common Elements,
<br />shall be subject and benefited by a nonexclusive easement in favor of the Association for the
<br />maintenance, repair, replacement and reconstruction of the Common Elements, Units and any
<br />improvements related thereto, and utilities serving the Units, to the extent necessary to fulfill the
<br />Association’s obligations under the Governing Documents. Each Owner shall afford to the
<br />Association and its management agents and employees, access at reasonable times and upon
<br />reasonable notice, to and through the Unit and its Limited Common Elements for maintenance,
<br />repair and replacement; provided that access may be had without notice and at any time in case
<br />of emergency.
<br />
<br />12.6. Utilities and Services. The Common Elements and the Units shall be subject to
<br />and benefited by non-exclusive easements in favor of the Association, the City and all utility
<br />companies and other service providers for the installation, use, maintenance, repair and
<br />replacement of all utilities, services and common operating systems, such as natural gas,
<br />electricity, cable television and other electronic communications, water, sewer, septic systems,
<br />wells, and similar services, fire control systems and other common operating systems, and
<br />metering and control devices, which exist, which are constructed as part of the development of
<br />the Property which are approved by the City, which are approved by the Association under
<br />authority contained in the Governing Documents or the Act, or which are described or referred to
<br />in the Plat, this Declaration or other recorded instruments. Each Unit, and the rights of the
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