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<br /> <br />SECTION 3 <br />COMMON ELEMENTS AND LIMITED COMMON ELEMENTS <br /> <br />3.1 Common Elements. The Common Elements and their characteristics are as <br />follows: <br /> <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 /> <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 /> <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 /> <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 /> <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 />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 />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 /> <br /> <br /> <br /> <br />_____ <br />7 <br />022818 <br /> <br />