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NS Purchasing - Telesis Construction Management Gateway lease
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NS Purchasing - Telesis Construction Management Gateway lease
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charge or assess the cost of such maintenance, servicing, repair and/or replacement on an equal basis to <br /> the Units to which the Class V Limited Common Elements are allocated as a Special Assessment. <br /> ' <br /> (f) Unless otherwise expressly provided in this Section or elsewhere in this <br /> Declaration, each Limited Common Element shall be maintained, serviced, repaired and replaced by the <br /> Owner(s) of the Units) to which such Limited Common Elements are allocated as provided in this <br /> Section, and the costs and expenses thereof sliall . not be included as a component of Common Expenses . <br /> The Association shall have the responsibility for maintaining, servicing, repairing and replacing any <br /> Limited Common Elements only to the extent the responsibility for any such maintenance, service, repair <br /> and/or replacement has not been expressly allocated in this Section to the Owner(s) of any specific Unit(s) <br /> or it •is not practical for such Owner(s) to perform any such maintenance, service; repair and/or <br /> replacement. The costs and expenses of any such maintenance, service, repair and/or replacement <br /> inaurred . by the Association pursuant * to this paragraph shall be included as a component of Common <br /> Expenses. <br /> Section 5.04 Partitioning. The Common Elements shall not be divided nor shall any person <br /> have any right to .partition any portion thereof. <br /> Section 5.05 Liens . For so long as the Property, or any part thereof, remains subject to the <br /> provisions of the Act or this Declaration; no lien of any nature shall arise or be created against the <br /> Common Elements, or anypart thereof except upon the prior written consent of Owners representing not <br /> less than eighty percent (80%) of the total number of votes allocated to all Units* by this Declaration, <br /> including not less than eighty percent (80%) of the total number of votes allocated to all Units not . owned <br /> by the Declarant. The foregoing provision shall not, however, apply to any lien that may arise , or be <br /> created against the several Units and their respective Common Elements under the provisions of the Act. <br /> Every agreement for the performance of labor, or the furnishing of materials to the Common Elements, <br /> •whether oral or in writing, must provide that it is subject to the provisions of this Declaration and that any . <br /> right to file a mechanic's hen or other similar lien against the Common Elements, or any part thereof, by <br /> reason of labor performed or materials furnished is waived <br /> -36- <br />
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