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2018-03-06 P & Z Packet
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2018-03-06 P & Z Packet
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11/10/2021 12:39:17 PM
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SECTION 3 <br /> COMMON ELEMENTS AND LIMITED COMMON ELEMENTS <br /> 3.1 Common Elements. The Common Elements and their characteristics are as <br /> follows: <br /> a. The Common Elements shall be owned by the Association for the <br /> common benefit of the Owners and Occupants. The Common Elements <br /> include, without limitation, that real property identified as Common <br /> Elements and legally described on Exhibit A, attached hereto, and <br /> improvements and fixtures located thereon, including, without limitation, <br /> a boardwalk. The Common Elements also include the Irrigation System, a <br /> portion of which shall be considered a Limited Common Element, in <br /> accordance with section 3.2, below. <br /> b. The Common Elements shall be subject to appurtenant easements for <br /> services, public and private utilities and storm sewer, access, use and <br /> enjoyment in favor of each Unit and its Owners and Occupants; subject to <br /> (i) the right of Owners and Occupants in Limited Common Elements <br /> appurtenant to their Units and (ii) the right of the Association to establish <br /> reasonable Rules and Regulations governing the use of the Property. <br /> C. Subject to Sections 5, 6 and 9, all maintenance, repair, replacement, <br /> management and operation of the Common Elements shall be the <br /> responsibility of the Association. <br /> d. Common Expenses for the maintenance, repair, replacement, management <br /> and operation of the Common Elements shall be assessed and collected <br /> from the Owners in accordance with Section 6. <br /> 3.2 Limited Common Elements. Limited common elements include: 1) portions of <br /> the common elements that are designated for the exclusive use of the unit owners <br /> of the unit or units to which the limited common elements are allocated, and 2) <br /> fixtures or improvements located wholly or partially outside a unit's boundaries, <br /> that serve one or more but fewer than all of the units, and which are allocated <br /> solely to the unit or units served. Limited Common Elements are subject to the <br /> rights granted to the Association herein or in a separate recorded easement, <br /> including the Association's right to construct, reconstruct, inspect, use, improve, <br /> repair, replace, maintain and regulate. The portions of the Irrigation System <br /> located within the Irrigation Easement crossing a Unit, shall be considered a <br /> Limited Common Element, allocated to the respective Unit over which it crosses <br /> 7 <br /> 022818 <br />
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