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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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Administration
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Agenda Packet Planning Commission
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Planning Commission
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PC Packet
Document Date
3/17/2025
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31 <br />14.3. Marketing Facilities. To construct, operate and maintain a sales office, <br />management office, models, and other development, sales and rental facilities within the <br />Common Elements, and within any Units owned or leased by Declarant from time to time <br />located anywhere on the Property or on the Additional Real Estate. <br /> <br />14.4. Signs. To erect and maintain signs and other sales displays offering the Units for <br />sale or lease, in or on any Unit owned by Declarant and on the Common Elements or on the <br />Additional Real Estate. <br /> <br />14.5. Easements. To have and use easements, for itself, its employees, contractors, <br />representatives, agents, prospective purchasers or other invitees through and over the Common <br />Elements and Limited Common Elements for the purpose of exercising its declarant rights. <br /> <br />14.6. Control of Association. To control the operation and administration of the <br />Association, including without limitation the power to appoint and remove the members of the <br />board pursuant to Section 515B.3-103 of the Act, until the earliest of: (i) voluntary surrender of <br />control by Declarant, (ii) conveyance to Owners other than Declarant of seventy-five percent of <br />the total number of Units authorized to be included in the Property or (iii) the date three years <br />following the date of the first conveyance of a Unit to an Owner other than Declarant. <br />Notwithstanding the foregoing, the Owners other than Declarant shall have the right to nominate <br />and elect not less than thirty-three and one-third percent of the directors at a meeting of the <br />Owners which shall be held within sixty days following the conveyance by Declarant of fifty <br />percent of the total number of Units authorized to be included in the Property. <br /> <br />14.7. Consent to Certain Amendments. Declarant’s written consent shall be required for <br />any amendment to the Governing Documents or Rules and Regulations so long as Declarant <br />owns any Unit for initial sale or has the right to add Additional Real Estate to the Property. <br /> <br />14.8. Relocation of Boundaries or Subdivision, Conversion or Combination of Units. <br />Declarant shall have the following rights and authority pursuant to Section 515B.2-112 of the <br />Act with respect to Units owned by it: (i) to relocate the boundaries of any Units and (ii) to <br />combine Units. Other Owners shall have the right to create additional Units by the subdivision of <br />any Unit owned by them in accordance with Section 515B.2-112 of the Act. <br /> <br />14.9. Additional Real Estate. Declarant hereby expressly reserves the right to add the <br />Additional Real Estate to the Property, by unilaterally executing and recording a supplemental <br />declaration pursuant to Section 515B.2-111 of the Act, subject to the following conditions: <br /> <br />14.9.1 The right of Declarant to add the Additional Real Estate to the common interest <br />community shall terminate ten (10) years after the date of recording of this <br />Declaration or upon earlier express written withdrawal of such right by Declarant or <br />a successor Declarant, unless extended by a vote of the Owners pursuant to Section <br />515B.2-106(2) of the Act. There are no other limitations on Declarant's rights <br />hereunder, except as may be imposed by law. <br /> <br />144
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