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(b) Each Condominium (including specifically the Unit) or the Common Areas, as the <br /> case may be, shall be subject to the following rights of entry and use: <br /> (i) The right of Declarant or its designees to enter upon any portion of the Project to <br /> construct the improvements thereon and to make repairs, provided that such entry shall <br /> not unreasonably interfere with the use or occupancy of any occupied Unit unless <br /> authorized by its Owner, which authorization shall not be unreasonably withheld. This <br /> right of entry shall be immediate in the case of an emergency originating upon or <br /> threatening any Unit, whether or not its Owner is present. <br /> (ii) The right of Declarant to modify, alter, remove. or improve defective, obsolete, or <br /> nonfunctional portions of the Common Areas. including without limitation, any <br /> equipment, fixtures and appurtenants, when in Declaran judgment it is necessary <br /> or desirable to do so, until the later of the expiration ofany aplicable warranty period or <br /> the Declarant Control Period. ( /� <br /> (iii) The right of the Association, or its agents,)o enterr any Unit cure any violation or <br /> breach of this Declaration. the Bylaws, or the'Association Rules» d Regulations. <br /> provided that (except in cases of emergency's ' fifteen (15) calendar days prior to <br /> such entry, written notice of such violation.orbreach has been given to the Owner and <br /> such Owner has not cured such violation or breach with -the fifteen (1'5 day period after <br /> notice is given. The Association s be entitled.to levy.a special assessment for its costs <br /> of effecting such cure against the hall Owner in accordance with the procedures set forth in <br /> Section 9.7 of this Declaration. These'riigghts of entry and'cure shall be immediate in case <br /> of an emergency originating upon or'hreatening any Unit, whether or not its Owner is <br /> present. \\ `` �\ <br /> (iv) The right of the'Association, or its agents, tenter any of the.Units or the Common <br /> Areas to perform'its ob i Iions‘and duties under this Declaration, including obligations <br /> or duties with respect.to construction. main\enance. or repair of facilities located in the <br /> Common Areas, or" hat affect more than one Unit; watering. planting, cutting, removing, <br /> and otherwise.caring for the,l ndscaping upo`t a Common Areas; and cleaning, <br /> repai ng,.replacing;.and other se maintaining or causing to be maintained utility lines <br /> seng each Unit Such entry hall not unreasonably interfere with the use or occupancy <br /> y o <br /> of anccupied Unit unless authorized by its Owner. which authorization shall not be <br /> unreasonably withheld. Thi§ right f entry shall be immediate in the case of an <br /> emergency originating upon orr threatening any Unit, whether or not its Owner is present. <br /> /•1 <br /> 3.3 Exclusive Areas. <br /> (a) Each Owner whose Identifying Number appears on an open space <br /> designated on the Condominium Plan shall have an exclusive easement over that portion <br /> of the Common Areas designated on such plan. Each Owner having such an exclusive <br /> easement shall. at his or her own expense, keep his or her space or spaces in a neat, clean. <br /> attractive, and safe condition at all times. <br /> 3.4 Encroachments. If any portion of a Unit encroaches on the Common Areas, <br /> except if such encroachment is caused by the willful act of the Owner of such Unit, or if <br /> any portion of the Common Areas encroaches on any Unit, a valid easement exists for <br />