Condo Maintenance - Who Has Responsibility for What?
There Are Three Types of Elements, Per Article III: Definitions:
e. "Common Elements, " where used without modification, means the portions of the Project other than the Condominium Units, including all general and Limited Common Elements described in Article IV of the Master Deed.
n. "General Common Elements," means those Common Elements of the Project described in Section 4.1 of the Master Deed which are for the use and enjoyment of all Co-Owners of the Project.
o. "Limited Common Elements," means those Common Elements of the Project described in Section 4.1 of the Master Deed which are reserved for the exclusive use of the Co-owner(s) of a specified Unit or Units.
ARTICLE IV Common Elements:
4.1 General Common Elements. The General Common Elements are:
a. Land. The land (including air space) described in Section 2.1 of the Master Deed (except for any land which is part of a Condominium Unit and any portion designated in Exhibit B as a Limited Common Element). The General Common Elements also include easement interests for the benefit of the Condominium Project and/or for the benefit of the Association for ingress, egress, entry improvements, drainage, utility and other purposes, over, under and across the Units and/or Common Elements and/or areas located outside of the Project;
a. Wiring Networks. The electrical, telephone, cable television, and other telecommunications and service wiring networks throughout the Common Elements of the Project (including those contained within common walls, floors and ceilings) up to, but not including, the point of intersection with a Unit perimeter wall;
b. Plantings. The lawns, trees, shrubs, and other plantings located within the Common Elements of the Project, and any common irrigation network, if any;
c. Gas. The gas distribution system, if any, through the Common Elements of the Project (include those contain within the common walls, floors, and ceilings) up to, but not including, the point of intersection with a Unit perimeter wall;
d. Access. The private roadways and trails, if any, of the Project, and any sidewalks which do not lead to specific Unit(s), all traffic signs, gates, fencing, and other equipment used in association with such means of access;
e. Stormwater Drainage System. The stormwater drainage system within the Project, including drainage ditches, culverts, pipes, and stormwater detention ponds or retaining basins associated with the system;
f. Entry Improvements. The entry signage and other improvements, if any, located at or near the entry or entries to the Project;
g. Recreational Areas. The recreational areas, if any, designated on the Condominium Subdivision Plan for common use and any equipment or structures associated with the recreational areas, including without limitation, any playground, building or structure if constructed within the project;
h. Water. The underground sprinkling system, including wells, pumps and/or treatment systems, if any, and any public or private water distribution system throughout the Common Elements of the Project (including those contained with common walls, floors, and ceilings) and water meters and submeters, up to, but not including the point of intersection with a Unit perimeter wall;
i. Sanitary Sewer. Any sanitary sewer system throughout the Common Elements of the Project (including those contained within common walls, floors, and ceilings), up to, but not including, the point of intersection with a Unit perimeter wall;
j. Heating and Air-Conditioning. The heating and/or air-conditioning conduits and ducts throughout the Common Elements of the Project (including those contained within common walls, floors, and ceilings) up to, not including, the point of intersection with a Unit perimeter wall;
k. Building Elements. The foundations, roofs, perimeter walls and other walls as shown on Exhibit B (excluding doors), ceilings and floors, entrances and exits of the Project;
l. Common Spaces. The common attic spaces, and the portions of any garage, other building, or parking area not otherwise designated as a Unit or Limited Common Element on the Condominium Subdivision Plan;
m. Retaining Walls. The concrete, block, boulder, and/or wood retaining walls, if any, in the Project;
n. Common Lighting. Any system of lighting intended to illuminate the common access paths for the Project, if any, but excluding the joint sensor attached to the exterior rights on a garage and excluding any other lighting designated as a Limited Common Element;
o. Three - or Four-Season Porches. The foundations or pads, perimeter walls (excluding doors), ceilings, and floors of any three- or four-season porch;
p. Sump Pump. The sump pump(s) and related equipment and piping located in each building; and
q. Miscellaneous. All other Common Elements of the Project which are not designated as Limited Common Elements and which are not enclosed within the boundaries of a Unit, and which are intended for common use or are necessary to the existence, upkeep, or safety of the Project.
Some all of the utility systems and/or cable television lines (including any mechanical building, mains, and services leads) and/or equipment may be owned by a government entity, public authority, or utility or cable television lines systems and equipment shall be General Common Elements only to the extent of the Co-owners' or the Association's interest, if any, in them, and the Developer makes no warranty whatsoever with respect to the nature or extent of such interest.
4.2 Limited Common Elements. The Limited Common Elements are:
a. Cable and utility Service Lines. The pipes, ducts, wiring, cable, and conduits supplying service for electricity, gas, water, sewage, telephone, television, and/or other utility or telecommunication services located within a Condominium Unit and supplying service to that Unit alone;
b. Decks, Patios and Porches. Each deck, patio, front or back porch (an the interior of any enclosed three- or four-season porch, which porch shall be a Limited Common Element appurtenant to the Unit to which it is attached) an/or stoop appurtenant to a Unit or specific Units;
c. Driveways and Sidewalks. The driveway leading to the garage and the sidewalk leading to the porch, which are appurtenant to the Unit(s) which they service;
d. Heating and Cooling Appliances. The fireplace combustion chamber and flue, and the separate furnace, water heater, humidifier, air conditioner and/or compressor located within or adjacent to a Unit or cluster of Units and serving only that Unit or cluster of Units;
e. Windows and Sliders. The doors, garage doors, garage door hardware, automatic garage opening mechanism, and the windows, sliders and/or screens located within or adjacent to any Unit perimeter wall, or to any three- or four-season porch perimeter wall;
f. Garage Interiors. Garage interior spaces, and the interior surfaces of garage walls, ceilings, and floors;
g. Interior Unit Surfaces. The interior surfaces of perimeter walls, ceilings, and floors located within a Condominium Unit;
h. Courtyard or Garden Area. Any courtyard or garden area which may be designated as Limited Common Elements in the Condominium Subdivision Plan, if any
i. Exterior Light Fixture. Any light fixture affixed to a Common Element, including exterior lighting, on the front of a garage and its sensor, and any lighting designated or intended to illuminate exterior Common Element areas which primarily benefit a specific Unit or Units; and
j. Miscellaneous. An other improvement designated as a Limited Common Element appurtenant to a particular Unit or Units on the Condominium Subdivision Plan or in any future amendment to the Master Deed.
If no specific assignment of all of the Limited Common Elements described in the Section has been made in the Condominium Subdivision Plan, the Developer (during the Development and Sales Period) and the Association (after the Development and Sales Period has expired) reserve the right to designate each such space or improvement as a Limited Common Element appurtenant to a particular Unit or Units by subsequent amendment or amendments to the Master Deed.
4.3 Maintenance Responsibilities. Responsibility for the cleaning, maintenance, decoration, repair, and replacement of the Common Elements shall be as follows:
a. Limited Common Elements. Each Co-owner shall be individually responsible for the cleaning, snow removal, maintenance, repair, and replacement of all Limited Common Elements appurtenant to his or her Unit, except for the following (which shall be the Association's responsibility): the painting and/or staining and structural repair and replacement of the decks, patios, porches, and stoops described in subparagraph 4.2b; the structural repair and replacement of the driveways and sidewalks described in subparagraph 4.2c, and of the garage and Unit interior surfaces described in subparagraphs 4.2f and g; snow removal and sweeping of the driveways described in subparagraph 4.2c (except the two (2) feet closest to the garage, which shall be the responsibility of the Co-owner of the Unit to which the driveway is appurtenant); and snow removal, cleaning, maintenance, repair and replacement of any designated parking areas unless otherwise provided by the Association in a written rule or regulation.
b. Unit Improvements. If any Unit Owner shall elect to construct or install any improvement to the interior of his or her Unit, or, with the prior written consent of the Association, to the Unit exterior or the Common Elements appurtenant to the Unit, which increases the costs of cleaning, decoration, maintenance, repair, or replacement for which the Association is responsible, such increased costs or expenses may, at the option of the Association, be specially assessed against such Unit or Units. This includes, without limitation, any Three or Four Season Porches which may be constructed by a party other than the Developer.
c. Foundations. The cost of repairing, maintaining and/or replacing (including waterproofing and/or radon gas proofing measures) any basement foundation wall, floor, footings or tiles, shall be borne equally between the Association and the Co-owner(s) of the unit(s) benefitted by the work. The cost of cleaning, repairing, maintaining, restoring or replacing any personal property carpeting, flooring, walls, wall coverings, fixtures or improvements located within the lower level of the Unit and damaged by water shall be borne exclusively by the Co-owner of the Unit. Each Co-owner is encouraged to obtain insurance to protect against this risk.
d. Association Oversight. While it is intended that each Co-owner will be solely responsible for the performance and cost of the decoration, maintenance, repair, renovating, restoration, and replacement of certain of the aforementioned items, it is nevertheless a matter of concern that a Co-owner may fail to properly maintain such areas, in particular, the outdoor Limited Common Element areas, in a proper manner and in accordance with the standards set forth by the Association. In the event a Co-owner fails, as required by this Master Deed, the Bylaws, or any Rules or Regulations promulgated by the Association, to properly and adequately decorate, repair, renovate, restore, replace, or otherwise maintain his or her Unit or any improvement or appurtenance located in the Unit or any Limited Common Element appurtenant to the Unit, the Association (and/or the Developer during the Development and Sales Period), shall have the right, but not the obligation, to undertake such obligation of the Co-owner. Failure of the Association (or the Developer) to take any such action shall not be deemed a waiver of the Association's (or the Developer's) right to take any such action at a future time. All costs incur by the Association (or the Developer) in performing any responsibilities which are required in the first instance to be borne by a Co-owner shall be specially assessed to the affected Unit(s) and collected in accordance with the assessment procedures established by the Condominium Bylaws. The lien for nonpayment of assessments shall attach to any such charges as in all cases of assessments and may be enforced by the use of all means available to the Association under the Condominium Documents for the collection of assessments, including without limitation, legal action, foreclosure of the lien securing payment, and the imposition of fines.
e. Other Common Elements. The cost of cleaning, decoration, maintenance, repair and replacement of all Common Elements other than as described above shall be the responsibility of the Association. To the extent that any governmental entity, public authority, utility company, or other service provider does not properly maintain, repair, or replace any equipment or other property located within the Project and which services the Project, the Association may do so.
f. Co-owner Neglect. Notwithstanding any provision in this Section 4.3 to the contrary, to the extent that cleaning, repair, or replacement of any Common Elements is needed due to the act of neglect of a Co-owner or his or her agent, invitee or family member, such Co-owner shall be liable for such costs.
g. Appliances. Notwithstanding anything in the Master Deed to the contrary, the Co-owner of a Unit shall be exclusively responsible for all costs of repairing, maintaining and/or replacing all appliances and plumbing fixtures located with a Unit and for any injury or damages caused to the Unit, the Common Elements or the contents or occupants of a Unit caused by the leaking or bursting of any water supply or waste water discharge line or pipe leading to or from an appliance or other piece of equipment appurtenant to the Unit, including but not limited to dishwashers, refrigerators, sinks, hot water heaters, and washing machines. The cost of cleaning, repairing, maintaining, restoring or replacing any personal property, carpeting, flooring, walls, wall coverings, fixtures or improvements damaged by leaking waste water shall be borne exclusively by the Co-owner of the Unit and not by the Association. Each Co-owner is encouraged to obtain insurance to protect against this risk.
4.4 Power of Attorney. By acceptance of a deed, mortgage, land contract, or other instrument of conveyance or encumbrance, all Co-owners, mortgagees, and other interested parties shall be deemed to have appointed the Developer (during the Development and Sales Period) and/or the Association (after the Development and Sales Period has expired) as their agent and attorney, to act in connection with all matters concerning the Common Elements and their respective interests in the Common Elements. Without limiting the generality of the appointment, the Developer (or Association) will have full power and authority to grant easements over, to sever or lease mineral interests in, and/or to convey title to, the land and/or improvements constituting the General Common Elements, or any part of them, to dedicate as public streets any part of the General Common Elements, to ament to Condominium Documents for the purpose of assigning or reassigning the Limited Common Elements, and in general to execute all documents and to do all things necessary or convenient to the exercise of such powers.
4.5 Assignment and Reassignment. A Limited Common Element may be assigned and reassigned, upon notice to any affected mortgagee, by written application to the Board of Directors by all Co-owners whose interest will be directly affected by the (re)assignment. Upon receipt of such application, the Association shall promptly prepare or cause to be prepared and executed an amendment to this Master Deed (re)assigning all rights and obligations with respect to the Limited Common Elements involved, and shall deliver such amendment to the Co-owns of the Units affected upon payment by them of all reasonable costs for the preparation and approval of the amendment. If any directly affected Co-owner objects in writing to a proposed (re)assignment of a Limited Common Element, the Limited Common Element shall not be (re)assigned.
4.6 No Separation. Except as provided in the Master Deed, Condominium Units shall not be separable from their appurtenant Common Elements and neither a Unit nor a Common Element shall be used in any manner inconsistent with the purposes of the Project or in any other way which will interfere with, or impair the rights of, any other Co-owner in the use and enjoyment of the Co-owner's Unit or appurtenant Common Elements.
Copyright © 2005 - 2014
Ledgestone Condominium Association All rights reserved.
e. "Common Elements, " where used without modification, means the portions of the Project other than the Condominium Units, including all general and Limited Common Elements described in Article IV of the Master Deed.
n. "General Common Elements," means those Common Elements of the Project described in Section 4.1 of the Master Deed which are for the use and enjoyment of all Co-Owners of the Project.
o. "Limited Common Elements," means those Common Elements of the Project described in Section 4.1 of the Master Deed which are reserved for the exclusive use of the Co-owner(s) of a specified Unit or Units.
ARTICLE IV Common Elements:
4.1 General Common Elements. The General Common Elements are:
a. Land. The land (including air space) described in Section 2.1 of the Master Deed (except for any land which is part of a Condominium Unit and any portion designated in Exhibit B as a Limited Common Element). The General Common Elements also include easement interests for the benefit of the Condominium Project and/or for the benefit of the Association for ingress, egress, entry improvements, drainage, utility and other purposes, over, under and across the Units and/or Common Elements and/or areas located outside of the Project;
a. Wiring Networks. The electrical, telephone, cable television, and other telecommunications and service wiring networks throughout the Common Elements of the Project (including those contained within common walls, floors and ceilings) up to, but not including, the point of intersection with a Unit perimeter wall;
b. Plantings. The lawns, trees, shrubs, and other plantings located within the Common Elements of the Project, and any common irrigation network, if any;
c. Gas. The gas distribution system, if any, through the Common Elements of the Project (include those contain within the common walls, floors, and ceilings) up to, but not including, the point of intersection with a Unit perimeter wall;
d. Access. The private roadways and trails, if any, of the Project, and any sidewalks which do not lead to specific Unit(s), all traffic signs, gates, fencing, and other equipment used in association with such means of access;
e. Stormwater Drainage System. The stormwater drainage system within the Project, including drainage ditches, culverts, pipes, and stormwater detention ponds or retaining basins associated with the system;
f. Entry Improvements. The entry signage and other improvements, if any, located at or near the entry or entries to the Project;
g. Recreational Areas. The recreational areas, if any, designated on the Condominium Subdivision Plan for common use and any equipment or structures associated with the recreational areas, including without limitation, any playground, building or structure if constructed within the project;
h. Water. The underground sprinkling system, including wells, pumps and/or treatment systems, if any, and any public or private water distribution system throughout the Common Elements of the Project (including those contained with common walls, floors, and ceilings) and water meters and submeters, up to, but not including the point of intersection with a Unit perimeter wall;
i. Sanitary Sewer. Any sanitary sewer system throughout the Common Elements of the Project (including those contained within common walls, floors, and ceilings), up to, but not including, the point of intersection with a Unit perimeter wall;
j. Heating and Air-Conditioning. The heating and/or air-conditioning conduits and ducts throughout the Common Elements of the Project (including those contained within common walls, floors, and ceilings) up to, not including, the point of intersection with a Unit perimeter wall;
k. Building Elements. The foundations, roofs, perimeter walls and other walls as shown on Exhibit B (excluding doors), ceilings and floors, entrances and exits of the Project;
l. Common Spaces. The common attic spaces, and the portions of any garage, other building, or parking area not otherwise designated as a Unit or Limited Common Element on the Condominium Subdivision Plan;
m. Retaining Walls. The concrete, block, boulder, and/or wood retaining walls, if any, in the Project;
n. Common Lighting. Any system of lighting intended to illuminate the common access paths for the Project, if any, but excluding the joint sensor attached to the exterior rights on a garage and excluding any other lighting designated as a Limited Common Element;
o. Three - or Four-Season Porches. The foundations or pads, perimeter walls (excluding doors), ceilings, and floors of any three- or four-season porch;
p. Sump Pump. The sump pump(s) and related equipment and piping located in each building; and
q. Miscellaneous. All other Common Elements of the Project which are not designated as Limited Common Elements and which are not enclosed within the boundaries of a Unit, and which are intended for common use or are necessary to the existence, upkeep, or safety of the Project.
Some all of the utility systems and/or cable television lines (including any mechanical building, mains, and services leads) and/or equipment may be owned by a government entity, public authority, or utility or cable television lines systems and equipment shall be General Common Elements only to the extent of the Co-owners' or the Association's interest, if any, in them, and the Developer makes no warranty whatsoever with respect to the nature or extent of such interest.
4.2 Limited Common Elements. The Limited Common Elements are:
a. Cable and utility Service Lines. The pipes, ducts, wiring, cable, and conduits supplying service for electricity, gas, water, sewage, telephone, television, and/or other utility or telecommunication services located within a Condominium Unit and supplying service to that Unit alone;
b. Decks, Patios and Porches. Each deck, patio, front or back porch (an the interior of any enclosed three- or four-season porch, which porch shall be a Limited Common Element appurtenant to the Unit to which it is attached) an/or stoop appurtenant to a Unit or specific Units;
c. Driveways and Sidewalks. The driveway leading to the garage and the sidewalk leading to the porch, which are appurtenant to the Unit(s) which they service;
d. Heating and Cooling Appliances. The fireplace combustion chamber and flue, and the separate furnace, water heater, humidifier, air conditioner and/or compressor located within or adjacent to a Unit or cluster of Units and serving only that Unit or cluster of Units;
e. Windows and Sliders. The doors, garage doors, garage door hardware, automatic garage opening mechanism, and the windows, sliders and/or screens located within or adjacent to any Unit perimeter wall, or to any three- or four-season porch perimeter wall;
f. Garage Interiors. Garage interior spaces, and the interior surfaces of garage walls, ceilings, and floors;
g. Interior Unit Surfaces. The interior surfaces of perimeter walls, ceilings, and floors located within a Condominium Unit;
h. Courtyard or Garden Area. Any courtyard or garden area which may be designated as Limited Common Elements in the Condominium Subdivision Plan, if any
i. Exterior Light Fixture. Any light fixture affixed to a Common Element, including exterior lighting, on the front of a garage and its sensor, and any lighting designated or intended to illuminate exterior Common Element areas which primarily benefit a specific Unit or Units; and
j. Miscellaneous. An other improvement designated as a Limited Common Element appurtenant to a particular Unit or Units on the Condominium Subdivision Plan or in any future amendment to the Master Deed.
If no specific assignment of all of the Limited Common Elements described in the Section has been made in the Condominium Subdivision Plan, the Developer (during the Development and Sales Period) and the Association (after the Development and Sales Period has expired) reserve the right to designate each such space or improvement as a Limited Common Element appurtenant to a particular Unit or Units by subsequent amendment or amendments to the Master Deed.
4.3 Maintenance Responsibilities. Responsibility for the cleaning, maintenance, decoration, repair, and replacement of the Common Elements shall be as follows:
a. Limited Common Elements. Each Co-owner shall be individually responsible for the cleaning, snow removal, maintenance, repair, and replacement of all Limited Common Elements appurtenant to his or her Unit, except for the following (which shall be the Association's responsibility): the painting and/or staining and structural repair and replacement of the decks, patios, porches, and stoops described in subparagraph 4.2b; the structural repair and replacement of the driveways and sidewalks described in subparagraph 4.2c, and of the garage and Unit interior surfaces described in subparagraphs 4.2f and g; snow removal and sweeping of the driveways described in subparagraph 4.2c (except the two (2) feet closest to the garage, which shall be the responsibility of the Co-owner of the Unit to which the driveway is appurtenant); and snow removal, cleaning, maintenance, repair and replacement of any designated parking areas unless otherwise provided by the Association in a written rule or regulation.
b. Unit Improvements. If any Unit Owner shall elect to construct or install any improvement to the interior of his or her Unit, or, with the prior written consent of the Association, to the Unit exterior or the Common Elements appurtenant to the Unit, which increases the costs of cleaning, decoration, maintenance, repair, or replacement for which the Association is responsible, such increased costs or expenses may, at the option of the Association, be specially assessed against such Unit or Units. This includes, without limitation, any Three or Four Season Porches which may be constructed by a party other than the Developer.
c. Foundations. The cost of repairing, maintaining and/or replacing (including waterproofing and/or radon gas proofing measures) any basement foundation wall, floor, footings or tiles, shall be borne equally between the Association and the Co-owner(s) of the unit(s) benefitted by the work. The cost of cleaning, repairing, maintaining, restoring or replacing any personal property carpeting, flooring, walls, wall coverings, fixtures or improvements located within the lower level of the Unit and damaged by water shall be borne exclusively by the Co-owner of the Unit. Each Co-owner is encouraged to obtain insurance to protect against this risk.
d. Association Oversight. While it is intended that each Co-owner will be solely responsible for the performance and cost of the decoration, maintenance, repair, renovating, restoration, and replacement of certain of the aforementioned items, it is nevertheless a matter of concern that a Co-owner may fail to properly maintain such areas, in particular, the outdoor Limited Common Element areas, in a proper manner and in accordance with the standards set forth by the Association. In the event a Co-owner fails, as required by this Master Deed, the Bylaws, or any Rules or Regulations promulgated by the Association, to properly and adequately decorate, repair, renovate, restore, replace, or otherwise maintain his or her Unit or any improvement or appurtenance located in the Unit or any Limited Common Element appurtenant to the Unit, the Association (and/or the Developer during the Development and Sales Period), shall have the right, but not the obligation, to undertake such obligation of the Co-owner. Failure of the Association (or the Developer) to take any such action shall not be deemed a waiver of the Association's (or the Developer's) right to take any such action at a future time. All costs incur by the Association (or the Developer) in performing any responsibilities which are required in the first instance to be borne by a Co-owner shall be specially assessed to the affected Unit(s) and collected in accordance with the assessment procedures established by the Condominium Bylaws. The lien for nonpayment of assessments shall attach to any such charges as in all cases of assessments and may be enforced by the use of all means available to the Association under the Condominium Documents for the collection of assessments, including without limitation, legal action, foreclosure of the lien securing payment, and the imposition of fines.
e. Other Common Elements. The cost of cleaning, decoration, maintenance, repair and replacement of all Common Elements other than as described above shall be the responsibility of the Association. To the extent that any governmental entity, public authority, utility company, or other service provider does not properly maintain, repair, or replace any equipment or other property located within the Project and which services the Project, the Association may do so.
f. Co-owner Neglect. Notwithstanding any provision in this Section 4.3 to the contrary, to the extent that cleaning, repair, or replacement of any Common Elements is needed due to the act of neglect of a Co-owner or his or her agent, invitee or family member, such Co-owner shall be liable for such costs.
g. Appliances. Notwithstanding anything in the Master Deed to the contrary, the Co-owner of a Unit shall be exclusively responsible for all costs of repairing, maintaining and/or replacing all appliances and plumbing fixtures located with a Unit and for any injury or damages caused to the Unit, the Common Elements or the contents or occupants of a Unit caused by the leaking or bursting of any water supply or waste water discharge line or pipe leading to or from an appliance or other piece of equipment appurtenant to the Unit, including but not limited to dishwashers, refrigerators, sinks, hot water heaters, and washing machines. The cost of cleaning, repairing, maintaining, restoring or replacing any personal property, carpeting, flooring, walls, wall coverings, fixtures or improvements damaged by leaking waste water shall be borne exclusively by the Co-owner of the Unit and not by the Association. Each Co-owner is encouraged to obtain insurance to protect against this risk.
4.4 Power of Attorney. By acceptance of a deed, mortgage, land contract, or other instrument of conveyance or encumbrance, all Co-owners, mortgagees, and other interested parties shall be deemed to have appointed the Developer (during the Development and Sales Period) and/or the Association (after the Development and Sales Period has expired) as their agent and attorney, to act in connection with all matters concerning the Common Elements and their respective interests in the Common Elements. Without limiting the generality of the appointment, the Developer (or Association) will have full power and authority to grant easements over, to sever or lease mineral interests in, and/or to convey title to, the land and/or improvements constituting the General Common Elements, or any part of them, to dedicate as public streets any part of the General Common Elements, to ament to Condominium Documents for the purpose of assigning or reassigning the Limited Common Elements, and in general to execute all documents and to do all things necessary or convenient to the exercise of such powers.
4.5 Assignment and Reassignment. A Limited Common Element may be assigned and reassigned, upon notice to any affected mortgagee, by written application to the Board of Directors by all Co-owners whose interest will be directly affected by the (re)assignment. Upon receipt of such application, the Association shall promptly prepare or cause to be prepared and executed an amendment to this Master Deed (re)assigning all rights and obligations with respect to the Limited Common Elements involved, and shall deliver such amendment to the Co-owns of the Units affected upon payment by them of all reasonable costs for the preparation and approval of the amendment. If any directly affected Co-owner objects in writing to a proposed (re)assignment of a Limited Common Element, the Limited Common Element shall not be (re)assigned.
4.6 No Separation. Except as provided in the Master Deed, Condominium Units shall not be separable from their appurtenant Common Elements and neither a Unit nor a Common Element shall be used in any manner inconsistent with the purposes of the Project or in any other way which will interfere with, or impair the rights of, any other Co-owner in the use and enjoyment of the Co-owner's Unit or appurtenant Common Elements.
Copyright © 2005 - 2014
Ledgestone Condominium Association All rights reserved.
