2019-05-22 CC Packet - Laserfiche WebLink

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a. The Common Elements shall be owned by the Association for the common benefit of the Owners and Occupants. The Common Elements include, without limitation, that real property identified as Common Elements and legally described on Exhibit A, attached hereto, and Improvements and fixtures located thereon, including, without limitation, an entrance monument and landscaping, a stormwater retention pond, retaining walls, a walkway, lake access, docks, slips and an Irrigation System. b. The Common Elements shall be subject to appurtenant easements for services, public and private utilities and storm sewer, access, use and enjoyment in favor of each Unit and its Owners and Occupants; subject to (i) the right of Owners and Occupants in Limited Common Elements appurtenant to their Units and (ii) the right of the Association to establish reasonable Rules and Regulations governing the use of the Property. C. Subject to Sections 5, 6 and 9, all maintenance, repair, replacement, management and operation of the Common Elements shall be the responsibility of the Association. d. Common Expenses for the maintenance, repair, replacement, management and operation of the Common Elements shall be assessed and collected from the Owners in accordance with Section 6. 3.2 Limited Common Elements. Limited Common Elements include: 1) portions of the Common Elements that are designated for the exclusive use of the Unit Owners of the Unit or Units to which the Limited Common Elements are allocated, and 2) fixtures or Improvements located wholly or partially outside a Unit's boundaries, that serve one or more but fewer than all of the Units, and which are allocated solely to the Unit or Units served. Limited Common Elements are subject to the rights granted to the Association herein or in a separate recorded easement, including the Association's right to construct, reconstruct, inspect, use, improve, repair, replace, maintain and regulate, including the following: a. Irrigation System. The portions of the Irrigation System located within the Irrigation Easement crossing a Unit, shall be considered a Limited Common Element, allocated to the respective Unit over which it crosses and which it serves. b. Retaining Walls. The portion of any retaining wall on the Property that is also located within the boundaries of a Unit shall be considered a Limited Common Element and subject to the rights of the Association granted herein; provided, however, any retaining wall exclusively located within the boundaries of a Unit shall be the sole responsibility of the Unit Owner. 7 Version for Council 05/22/2019