Amendments · Fifth Amendment

OR 16381/3217

Recorded: 1994-05-31, OR 16381/3216
This page: Fifth Amendment, page 2 (restated Article XIII)
Contains: Fifth Amendment

Changes Declaration, Article XIII: Restated the article in full, adding Sections 13.05 and 13.06. See Declaration, Article XIII

Recorded page

OR 16381/3217

Fifth Amendment, PDF page 80 of 89Full size · PDF

Where the transcript and the recorded page differ, the recorded page controls.

1. Article XIII of the Declaration is amended to read as follows:

XIII. Limited Common Elements

13.01 Certain balconies, terraces, patios and rooftop areas are Limited Common Elements appurtenant to some of the Units in this Condominium as shown on Exhibit "A" attached hereto. These Limited Common Elements are reserved for the use of the Units appurtenant thereto to the exclusion of other Units, and there shall pass with a Unit, as appurtenant thereto, the exclusive right to use the Limited Common Elements so appurtenant. Expenses of maintenance and repair relating to these Limited Common Elements shall be considered Common Expenses for the purpose of cost of repair and maintenance, except that the Association shall not be responsible for the repair or replacement of any improvements to any of these Limited Common Elements whether in the course of maintenance of the Limited Common Elements or otherwise.

13.02 Storage areas that are Limited Common Elements of the Condominium are set out on Exhibit "A" hereto. These Limited Common Elements are reserved for the use of the Units appurtenant thereto to the exclusion of other Units, and there shall pass with a Unit, as appurtenant thereto, the exclusive right to use the Limited Common Elements so appurtenant, subject to the provisions hereof. The storage areas shall initially be assigned by the Developer, and the Developer may receive compensation from a purchaser in connection with the assignment of storage areas to a Unit. The Association may promulgate rules and regulations regarding the transfer of storage areas among Unit Owners. Each Unit Owner does not have a right to a storage area, and the Developer may assign more than one storage area to a Unit. The expense of maintaining the storage area shall be borne by the Unit Owner to whose Unit the storage area is appurtenant. Some of the storage areas may be assigned to a Commercial Unit to be utilized in connection with the business of such Commercial Unit. It should be noted that all of the storage areas on the floors above the mezzanine are part of Commercial Unit 14 and are not Limited Common Elements.

13.03 The foyers between adjoining Units as shown on Exhibit "A" are Limited Common Elements which are appurtenant jointly to the adjoining Units. The expense of maintaining the foyer shall be borne by the Unit Owners to whose Units the foyers are appurtenant.

13.04 The Owner of Unit P-4 shall have the right to transfer all or any portion of the Limited Common Elements to Unit P-4, as shown on Sheet 9 of 42 of Exhibit "A", to any other Unit Owner. In order for such a transfer to be effective, the notice of transfer shall be provided to the Association. Any transferee shall have the right to further transfer all or any portion of the Limited Common Elements to Unit P-4 in accord with this paragraph.

13.05 [underlined = new] The Owner of the Unit to which a Limited Common Element is appurtenant shall have the right to construct improvements, at its sole cost and expense, on the Limited Common Element provided that the improvement(s) shall be in compliance with all applicable governmental laws and regulations. Except with respect [continues on next page]