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the Association to hold and distribute for the benefit of the Owners and their mortgage
<br /> holders, as their interests may appear, in accordance with the Act.
<br /> SECTION 13
<br /> EASEMENTS
<br /> 13.1 Easement for Encroachments. Each Unit and the Common Elements, and
<br /> the rights of the Owners and occupants therein, shall be subject to an exclusive
<br /> easement for encroachments in favor of the adjoining Units for walls, roof overhangs, air
<br /> conditioning systems, decks, balconies, porches, patios, utility installations and other
<br /> appurtenances (i) which are part of the original construction of the adjoining Unit or the
<br /> Property or (ii) which are added in compliance with Section 8. If there is an
<br /> encroachment by any building or improvement located in a Unit, upon another Unit as a
<br /> result of the construction, reconstruction, repair, shifting, settlement or movement of any
<br /> part of the Property, an appurtenant easement for the encroachment, for the use,
<br /> enjoyment and habitation of any encroaching building or improvement, and for the
<br /> maintenance thereof, shall exist; provided, that with respect to improvements or
<br /> alterations added pursuant to Section 8, no easement shall exist unless the same have
<br /> been approved, and the proposed improvements constructed, as required by this
<br /> Declaration. Such easements shall continue for as long as the encroachment exists
<br /> and shall not affect the marketability of title.
<br /> 13.2 Easement for Maintenance Repair, Replacement and Reconstruction.
<br /> Each Unit, and the rights of the Owners and Occupants thereof, shall be subject to the
<br /> rights of the Association to an exclusive, appurtenant easement on and over the Units
<br /> for the purposes of maintenance, repair, replacement and reconstruction of the
<br /> improvements located within the Units, and utilities serving the Units, to the extent
<br /> necessary to fulfill the Association's obligations under the Governing Documents.
<br /> 13.3 Utility Easements. The Property shall be subject to non-exclusive,
<br /> appurtenant easements in favor of all public utility companies and other utility providers
<br /> for the installation, use, maintenance, repair and replacement of all utilities, such as
<br /> natural gas, electricity, cable TV and other electronic communications, water, sewer,
<br /> septic systems, wells, and similar services, and metering and control devices, which
<br /> exist or are constructed as part of the development of the Property, or which are
<br /> referred to in the Plat or otherwise described in this Declaration or any other duly
<br /> recorded instrument. Each Unit, and the rights of the Owners and Occupants thereof,
<br /> shall also be subject to a non-exclusive, appurtenant easement in favor of the other
<br /> Units for all such utilities and services; provided, that the utilities and services shall be
<br /> installed, used, maintained and repaired so as not to interfere with the use and quiet
<br /> enjoyment of the Units by the Owners and Occupants, nor affect the structural or
<br /> architectural integrity of the Units.
<br /> 13.4 Emergency Access to Units. In case of emergency, all Units and Limited
<br /> Common Elements are subject to an easement for access, without notice and at any
<br /> time, by an officer or member of the Board, by the Association's management agents or
<br /> by any public safety personnel. The Board may require that an Owner or Occupant
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