Article IV, Description of Common Elements

4.01 - General Common Elements.
All appurtenances and facilities and other items which are not part of the Units described in Article III or part of the Limited Common Elements described in Section 4.02 shall comprise the General Common Elements as graphically shown on Exhibits B and C aforesaid. The General Common Elements shall also include by way of description but not by way of limitation:

1. All land described in Exhibit A aforesaid, whether improved or unimproved; and
2. All private streets, curbs, walkways, exterior stairways and sidewalks, subject to the easements and provisions set forth in Article VIII hereof; and
3. The common parking areas located upon the lands described in Exhibit A and as shown on Exhibits B and/or C, the use of which shall be subject to the Rules and Regulations of the Association; and
4. All landscaped areas and shrubbery; and
5. Conduits, sewer laterals located under the building slabs, and other utility lines, underground sprinkler system, if any, and waterways, subject to the easements and provisions set forth in Article VIII hereof; and public connections and meters for gas, electricity, telephone and water not owned by the public utility or other agencies providing such services; and
6. The roof, attic spaces, foundations, footings, columns, girder beams, supports, exterior or interior bearing or main walls and floors between Units; and
7. Exterior lighting and other facilities necessary to the upkeep and safety of the Buildings and grounds; and
8. Any common equipment storage areas located within the Condominium; and
9. Any easement or other right which may now or hereafter be granted for the benefit of the Unit Owner(s) or others for access to or use of the General or Limited Common Elements not included within the Condominium or for any other purpose; and
10. All tangible personal property which may be owned by the Association and which is required exclusively for the operation, maintenance and administration of the Condominium;
11. Any areas housing water meters; and
12. All other facilities or elements of any improvement within any Building or within the Condominium necessary or convenient to the existence, management, operation, maintenance or safety of the Condominium or normally in common use.

4.02 - Limited Common Elements.
The Limited Common Elements shall be as graphically shown on Exhibits B and C, aforesaid, and shall include by way of limitation, all of the following:

1. Any exterior landing, walkway or stairway to which there is direct access from the interior of an appurtenant Unit(s) shall be a Limited Common Element and shall be for the exclusive use of Owner(s) of such Unit(s). All maintenance of exterior landings, walkways, or stairways shall be the responsibility of the Association.
2. Any balcony, terrace, patio, or deck to which there is direct access from the interior of an appurtenant Unit(s) shall be a Limited Common Element and shall be for the exclusive use of Owner(s) of such Unit(s). The Owner(s) of a Unit(s) having use of any balcony, terrace, patio or deck shall be responsible for all snow clearing of such balcony, patio, terrace or deck, as appropriate. All other maintenance of patios, balconies, terraces and decks shall be the responsibility of the Association.

4.03 - Repair and Maintenance of Limited Common Elements.
The Owner(s) of a Unit(s) having use of any Limited Common Element shall be responsible to pay the cost and expenses of any maintenance, repairs or replacement of that Limited Common Element necessitated by their own negligent act or omission, misuse or neglect, or the negligent act or omission, misuse or neglect of their family member, household pets, guests, occupant or visitor, regardless of whether authorized by the Unit Owner(s). Any other repairs, maintenance, or replacement of the Limited Common Elements shall be the responsibility of the Association.

4.04 - Rights to Use Limited Common Elements.
Each Unit Owner's right to use the Limited Common Elements appurtenant to his Unit or building may not be transferred apart from the conveyance of title to his Unit.

4.05 - Reserved Common Elements.
The Board shall have the power in its discretion to:

1. designate from time to time certain General Common Elements as "Reserved Common Elements";
2. grant reserved rights therein to the Association and/or to any less than all of the Unit Owners; and
3. establish a reasonable charge to such Unit Owners for the use and maintenance thereof. Such designation by the board shall not be construed as a sale or disposition of the Common Elements.