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HomeMy WebLinkAbout20074924200'74924 Condominium other Than he units. The limited common elements are: a. If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within or partially outside the boundaries of a unit, any portion serving only that unit is a limited common element allocated to that unit, and any portion serving more than one unit or any portion of the common elements. is a part of the common element. b. Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated to that unit, but shall be maintained by the Association. c. Any driveway, sidewalk,,and deck designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated to that unit, but shall be maintained by the Association. 6. SPECIAL DECLARANT RIGHTS: a. The Declarant reserves the special rights to (i) complete improvements indicated on plats and plans filed with the declaration as provided in Nebr. Rev. Stat. §76-846; (ii) exercise any development right pursuant to Nebr. Rev. Stat. §76-847, except the right to add units; (iii) maintain sales offices, management offices, signs advertising the Condominium,.and models pursuant to Nebr. Rev. Stat. §76-852; (iv) use easements through the common elements for the purpose of making improvements within the Condominium or within real estate which may be added to the Condominium pursuant to Nebr. Rev. Stat. §76-853; (v) make the Condominium subject to a master association pursuant to Nebr. Rev. Stat. §76-857; or (vi) appoint or remove any officer of the Association or any master association or any executive board member during any period of declarant control pursuant to subsection (d) of Nebr. Rev. Stat. §76-861. b. The Declarant specifically does not reserve the right to add real estate to Page 2 of 10 i a ~ia ,, t7~ ~' 200'4924 the Condominium, or to make the Condominium part of a larger, . condominium, or a planned community. 7. ALLOCATED INTERESTS: The allocated interests are shown on Exhibit "B". The formulas used to establish the allocated interests are: a. The percentage of undivided interests of each unit in the conunon elements and in the common expenses of the Association is per capita (one divided by the total number of units). b. The voting rights in the: Association shall be allocated on the basis of one vote to each unit (one unit, one vote); unless otherwise provided in the By- __ laws of the Association, the President of the Association shall have the vote when necessary to_ break a tie. 8. CONVEYANCES: Any unit may be conveyed or encumbered, subject to the provisions of the Declaration. 9. SUBDIVISION: With the written approval of the Executive Board, units may be combined or divided and incorporated within the boundaries of one or more units. However, no division of any unit shall increase the total number of units. Upon approval, the Executive Board shall record an amendment to this Declaration, and the allocated interests shown on Exhibit "B"shall be reallocated. The expense of preparation of the amendment, reallocation of the allocated expenses, and recording fees shall be assessed against the units affected. 10. MAINTENANCE AND IMPROVEMENT OF UNITS: Each unit shall be maintained by the unit owner. Each unit owner shall promptly report to the Executive Board any need for repairs for which the Association is responsible. Notwithstanding the general provisions for maintenance, the Executive Board may establish specific maintenance responsibilities which shall be uniform as to all units. A unit owner may make any improvements or alterations to the unit that do not impair the structural integrity of mechanical systems or lessen the support of any portion of the Condominium, but a unit owner may not change the appearance of the common elements, or the exterior appearance of a unit or Page 3 of 10 s~~a ~; ~$ l ~t 20074924 limited common element or any other portion of the Condominium, without the written approval of the Executive Board. 11. USE OF UNITS: No unit shall be used other than for residential purposes. No flag poles, flags, wind chimes, or other exterior appurtenances, or decorations shall be affixed to the outside of ahy unit, or installed,anywhere within the common area or limited common area, without the prior consent of the Executive Board. 12. NUISANCE: No noxious or offensive activity shall be permitted within any unit; or anything which is an amioyance or nuisance or which endangers the health or unreasonably disturbs the quiet of the occupants of adjoining units. 13. GARBAGE; WASTE: No garbage, refuse, yard waste, junk, or salvage materials, shall be deposited or accumulated upon any of the common elements or limited common elements. Any refuse containers must be stored in an enclosed garage so as not to be in public view, any may be placed on a driveway only as necessary for waste removal. No exterior burner or incinerator for garbage, trash or other refuse shall be maintained in or upon any of the common elements. 14. BUILDING MATERIALS: No building materials of any kind or character shall be placed upon the common elements.or limited common elements, except in connection with construction approved by the Executive Board; provided that the Declarant shall be deemed to have such approval until all units have been substantially completed. As soon as approved building materials are placed upon the common elements, construction shall be promptly commenced and diligently prosecuted. Upon completion of such construction, all unused building materials and debris shall be promptly removed. 15. DRAINAGE: No limited common element shall be constructed, installed, or maintained in a way that causes or significantly contributes to erosion or water damage to the common elements. 16. UTILITY WIRES: All lines or wires for telephone, power, cable television, or otherwise shall be placed underground and no such wires shall be showing on the Page 4 of 10 ~~~a YF !'t,.: