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(1) An undivided share in the Common Elements and Common Surplus.
(2) The exclusive right to use the portion of the Common Elements as may be provided by the Declaration.
(3) An exclusive easement for the use of the air space occupied by the Unit as it exists at any particular time and as the Unit may lawfully be altered or reconstructed from time to time. An easement in air space which is vacated shall be terminated automatically.
(4) A Unit Owner is entitled to the exclusive possession of his Unit, subject to the irrevocable right of the Association to access to each Unit during reasonable hours when necessary for the maintenance, repair or replacement of any Common Elements, or for making emergency repairs necessary to prevent damage to Common Elements or to another Unit or Units. A Unit Owner shall be entitled to use the Common Elements in accordance with the purpose for which they are intended, but no use may hinder or encroach upon the lawful rights of other Unit Owners.
Article VIIRestraint Upon Separation and Partition of Common Elements
7.01 The undivided share in the Common Element which is appurtenant to a Unit shall not be separated from it and shall pass with the title to the Unit whether or not separately described.
7.02 The share in the Common Elements appurtenant to a Unit cannot be conveyed or encumbered, except with the Unit.
7.03 The share in the Common Elements appurtenant to Units are undivided, and no action for partition of the Common Elements shall lie.
Article VIIICommon Elements
8.01 Common Elements include within their meaning the following items:
(1) The Condominium Property which is not included within the Units.
(2) Easements through Units for conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility services to Unit and the Common Elements.
(3) An easement of support in every portion of a Unit which contributes to the support of a building.
(4) The property and installations required for the furnishing of utilities and other services to more than one Unit or to the Common Elements.
(5) The electricity serving each Unit, except where a separate meter is installed. Initially, the Condominium shall be served by one meter. However, the Developer has reserved the right to install separate meters in the Commercial Units. In such event, the electricity serving the Units will not be a Common Expense of the Association.
8.02 Any person having any interest under mortgages of record that encumber any portion of the Common Elements that are not satisfied prior to the recordation of this Declaration shall consent to the recordation of this Declaration; provided, however, in lieu of joining in the execution of this Declaration, any [continues on next page]