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Reso 2016-2552
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Reso 2016-2552
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Last modified
8/31/2016 4:30:58 PM
Creation date
8/31/2016 4:30:49 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2016-2552
Date (mm/dd/yyyy)
05/19/2016
Description
Article of Inc. Declaration Condo, By-Laws for Gateway Park Comm Condo
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(1) All equipment, fixtures and installations located outside of a <br /> Unit(s), which furnish air conditioning or heating exclusively to that Unit(s), shall <br /> be Limited Common Elements, and shall be maintained, repaired and replaced <br /> solely at the expense of the Owner(s) of such Unit(s). <br /> (2) Any water meter and service line serving one or more (but less <br /> than all) of the Units shall be a Limited Common Element, and shall be <br /> maintained, repaired and replaced solely at the expense of the Owner(s) of such <br /> Unit(s). The cost of maintenance, repair and replacement of such meter and <br /> service line, as well as the cost of water service provided via such meter, shall be <br /> shared by the particular Units served thereby on a fractional basis. <br /> (3) Any part of the Common Elements that is connected to or <br /> exclusively serves a single Unit, and is specifically required by this Declaration <br /> (or any amendment hereto) to be maintained, repaired or replaced by or at the <br /> expense of the Unit Owner served thereby, shall be deemed a Limited Common <br /> Element appurtenant to such Unit(s), whether specifically described above or not. <br /> E. Use and Possession. A Unit Owner is entitled to the exclusive use and <br /> possession of his Unit, and the Limited Common Elements assigned to the Unit as <br /> aforesaid, subject only to the Condominium Association's right of accesses provided <br /> herein. The Unit Owner shall be entitled to use the Common Elements in accordance with <br /> the purposes for which they are intended, but such use may not hinder nor encroach upon <br /> the lawful rights of other Unit Owners or other persons having rights to use the <br /> Condominium Property. No Unit may be divided or any fractional portion sold or <br /> otherwise conveyed, provided however, a Unit may be temporarily divided for leasing <br /> purposes. However, such divided Unit shall be considered a whole Unit for the purposes <br /> of voting and ownership interests as set forth in this Declaration. The use of the Units, <br /> Common Elements and Limited Common Elements shall be governed by this Declaration <br /> and by the rules and regulations adopted by the Condominium Association through its <br /> Board of Directors in the manner set forth in the By-Laws. <br /> F. Restraint upon Separation and Partition. The undivided share in the <br /> Common Elements appurtenant to a Unit shall not be separated from the Unit and shall <br /> pass with the title to the Unit, whether or not separately described. No legal action for <br /> partition of the Common Elements shall be permitted. The shares and the funds and <br /> assets of the Condominium Association cannot be assigned, pledged or transferred in any <br /> manner except as appurtenance to the Units. <br /> G. Graphic Description. At the date of recording of this Declaration, the real <br /> property and all improvements thereon, as set forth in Exhibit "A", shall be submitted to <br /> the condominium form of ownership. The location, dimensions and size of each Unit and <br /> the location of the Common Elements and Limited Common Elements are set forth in <br /> Exhibit "1". <br /> H. Identity of Units. Each Unit will be identified by a separate numerical <br /> 9 <br />
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