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5 <br /> <br /> <br /> <br />character and cannot be altered without the unanimous consent of the Owners a nd of the holders of First <br />Mortgages on the Condominiums, as expressed in an amended Declaration. Each Owner may use the <br />Common Area in accordance with the purposes for which it is intended without hindering the exercise <br />of or encroaching upon the rights of any other Owners, subject to the rights of each Owner in any Exclusive <br />Use Common Area appurtenant to that Owner's Condominium. <br /> <br />C. Exclusive Use Common Areas: The following described portions of the Common <br />Area, referred to as "Exclusive Use Common Areas," are set aside and allocated for the exclusive use of <br />the Owner of the Condominium to which they are attached or assigned as shown on the Condominium <br />Plan, and are appurtenant to that Condominium: <br /> <br />(1) Yards: Each Unit shall have the rights of use of the yard shown on the <br />Condominium Plan . <br /> <br />Except as described herein or as may otherwise be provided by law, no other portion of the <br />Common Areas shall be Exclusive Use Common Area. <br /> <br /> D. No Separate Conveyance of Undivided Interests: The foregoing interests are <br />hereby established and are to be conveyed with the respective Condominiums as indicated above, <br />cannot be changed, except as herein set forth, and Declarant, its successors, assigns and grantees <br />covenant and agree that the interests in the Common Areas and the Units conveyed therewith, shall not be <br />separated or separately conveyed, and each such interest shall be deemed to be conveyed together even <br />though the description in the instrument of conveyance or encumbrance may refer only to the Unit. <br /> <br />2.3. Rights of Entry and Use: The Units and Common Area (including Exclusive Use <br />Common Area) shall be subject to the following rights of entry and use: <br /> <br />A. The right of the Association's agents or employees to enter any Unit to cure any <br />violation of this Declaration or the Bylaws, provided that the Owner has received notice and a hearing as <br />required by the Bylaws (except in the case of an emergency) and the Owner has failed to cure the violation <br />or take steps necessary to cure the violation within thirty (30) days after the finding of a violation by <br />the Association. <br /> <br />B. The access rights of the Association to maintain, repair or replace improvements or <br />property located in the Common Area as described in Section 6.3. <br /> <br />C. The access rights of the Association to undertake and perform the Common <br />Building Maintenance as defined and described in this Declaration, including the maintenance easement <br />shown on the Condominium Plan over each Unit for driveway maintenance and repairs. <br /> <br />D. The rights of the Owners and the Association to install, maintain, repair or <br />replace utilities as described in Article VI. Each Owner shall have a nonexclusive right and easement <br />appurtenant to the Common Area and to all Units for the support, maintenance, and repair of the Owner’s <br />Unit and any Exclusive Use Common Area designated for the use of the Owner. <br /> <br />E. The encroachment rights described in Section 9.5. <br /> <br />F. The rights of Owners to make improvements or alterations authorized by Civil <br />Code Section 4760(a)(2), subject to the provisions of Section 7.11. <br /> <br />2.4. Partition Prohibited: The Common Areas shall remain undivided as set forth above. <br />Except as provided by Civil Code Section 4610, no Owner shall bring any action for partition, it being <br />agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the <br />operation and management of the Project. Judicial partition by sale of a single Condominium owned by two <br />92