9E Consent - Laserfiche WebLink

Home

DSCC-57520\2494968.2 5 September 17, 2021 without the necessity of confirmation by any other documents; (viii) the easements are nonexclusive unless expressly provided otherwise; (ix) no nonexclusive easement provided or reserved under this Declaration shall restrict the Owner of the servient tenement from granting other easements or interests therein as long as the other easement or interest does not unreasonably interfere with the easement rights of the dominant tenement; (x) easement access and use rights are subject to the rights reserved in Section 2.5 and the rights of Declarant as described in Section 12.10; and (xi) if the dominant and servient tenements are owned by the same Owner, the easement shall be effective automatically on the date the dominant and servient tenements no longer are owned by the same Owner regardless of whether the instrument of transfer separating the ownership describes the easement. 2.5 Reservation of Rights. Notwithstanding any property rights, including easements, described herein, each Condominium is subject to each of the following: (i) the right of the Association’s agents to enter any Condominium to cure any violation or breach of the Governing Documents, provided that at least thirty (30) days’ prior written notice of such violation or breach (except in the cases of emergency) has been given to the Owner and provided that within the thirty (30) day period such Owner has not acted to cure such violation or breach; (ii) the right of the Association’s agents to enter any Condominium to perform its obligations and duties under the Governing Documents, including the obligations and the duties with respect to maintenance of any Common Area Improvement; and (iii) the rights reserved in Sections 2.6, 2.8 and 12.10. 2.6 Authority Over Common Area. The Association shall have the power and the right in the name of the Owners as their attorney-in-fact to grant, convey or otherwise transfer to any Owner or any other Person fee title, easements, leasehold estates, exclusive use easements or rights, licenses, lot-line adjustments, rights-of-way and/or dedications in, on, over or under the Common Area (except Exclusive Use Common Area). 2.7 Delegation of Use Rights. An Owner’s Permittees may use and enjoy any Common Area Improvements. All such use shall be subject to restrictions contained in this Declaration. If an Owner leases all of his or her Condominium, neither the Owner nor the Owner’s Permittees shall be entitled to use any Common Area Improvements other than such use as is directly related to the Owner’s rights and duties as a landlord. Such rights may be enjoyed by the Occupant and Occupant’s Permittees during the term of the rental agreement. Any Owner who rents its Condominium must comply with the requirements of Section 3.2. 2.8 Exclusive Use Common Area. Portions of the Common Area are set aside for the exclusive use of the Occupants of a specific Unit and constitute Exclusive Use Common Areas. The areas are shown on the Condominium Plan with the designations set forth below and are set aside for the exclusive use of the identified Owner and its Occupants and Permittees. If there is any conflict between the dimensions or location of the Exclusive Use Common Areas shown on the Condominium Plan and their dimensions and location as built at the time of the original construction of the Development, the dimensions and locations as built shall control. Except as described herein, no other portion of the Common Area is Exclusive Use Common Area. Exclusive Use Common Area rights are appurtenant to the Condominium to which the rights are assigned and may not be separated therefrom. Any transfer of a Condominium automatically transfers the exclusive use rights appurtenant thereto regardless of whether the instrument of transfer describes the Exclusive Use Common Area rights. Any transfer of the right to use any Exclusive Use Common Area shall be a license only and shall not transfer any other interest in the Exclusive Use Common Area, which shall remain appurtenant to the Condominium to which it is assigned. No Exclusive Use Common Area may be