Description of the Common Areas and Facilities. The Common Areas and Facilities of the Condominium (sometimes herein also referred to as the “Common Elements”) consist of the entire Property described in Schedule A exclusive of the Units, all as hereinbefore described and defined (and exclusive of any and all rights, interests and/or easements reserved by and governed by the above referenced Lexington Xxxxxxx Homeowners Association), and any other property which is herein expressly included in the Common Areas and Facilities, including, without limitation, the following:
A. The Land described in Schedule A together with the benefit of, and subject to, all rights, easements, reservations, conditions and restrictions of record as the same may be in force and applicable;
B. As to the condominium building, the foundations, structural columns, girders, beams, supports, interior structural or bearing walls, all portions of the exterior and interior walls, ceilings, floors and roofs not included as part of the Units, and common walls within the Building;
C. Installations for central and/or common services such as power, light, oil, gas, hot and cold water, heating, fire alarms, street lights, mail stations, signage, air conditioning, and waste disposal, including all equipment attendant thereto (but not including equipment contained within and/or serving a single Unit);
D. All conduits, chutes, ducts, shafts, plumbing, wiring, flues and other facilities for the furnishing of utility services and waste removal which are contained in portions of the Building(s) contributing to the structure or support hereof or for common usage, and all such facilities contained within any Unit, which serve parts of the Building(s) other than the Unit within which such facilities are contained;
E. All common equipment wherever located in, on, or around the Building(s) and Land;
F. The roadways (if any), sidewalks, street lighting, site lighting, yards, lawns, gardens, walkways, passageways, and the improvements thereon and thereof, including fences, walls, railings, and steps.
G. The Limited Common Elements or LCA’s located outside the Units’ boundaries, subject to the exclusive rights to use thereof and obligations thereon as herein and in the Declaration of Trust provided;
H. All other apparatus and installations existing in the Buildings for common use, or necessary or convenient to the existence, maintenance or safety of the Buildings; and
I. All other items delineated as such in Chapter 183A and located on the area (or any ...
Description of the Common Areas and Facilities. The owner of each Unit in Phase III shall be entitled to an undivided interest in the Common Areas and Facilities (the Common Elements) in the percentages set forth in Schedule B of said Master Deed, as amended. The Common Elements of Phase III consist of the entire property, designated Phase III as aforesaid, including all parts of the buildings and improvements thereon other than the Units and will include, without limitation, the improvements, elements, items and facilities set forth and described in paragraph 5 of the Master Deed, as amended. The Common Elements shall be subject to the provisions of the By-Laws, to the rules and regulations promulgated pursuant thereto with respect to the use thereof, to the assignment of certain Common Elements to particular Unit owners, and to payments which may be required therefor.
Description of the Common Areas and Facilities. The Common Areas and Facilities of the Condominium (sometimes herein also referred to as the “Common Elements”) consist of the entire Property exclusive of the Units, all as hereinbefore described and defined (and exclusive of any and all rights, interests and/or easements reserved by the Declarant), and any other property which is herein expressly included in the Common Areas and Facilities, including, without limitation, the following:
A. The Land together with the benefit of, and subject to, all rights, easements, reservations, conditions and restrictions of record as the same may be in force and applicable;
B. As to Phase 1 (and any subsequent phases), installations for central and/or common services such as utilities serving more than one Unit, the sewer system, the fire sprinkler system, if any, common area water supply, if any, the irrigation system, if any, and other amenities, if any, as shown on the site plan, including all equipment attendant thereto (but not including equipment contained within and/or serving a single Unit). Unit Owners remain responsible to pay any water and other utility bills as to utilities separately metered, or otherwise allocated, to the individual Units;
C. As to Phase 1 (and any subsequent phases), all common equipment;
D. As to Phase 1 (and any subsequent phases), the yards, lawns, gardens, walkways, unassigned parking spaces and other improvements on the land, if any;
E. As to Phase 1 (and any subsequent phases), the Limited Common Elements located outside the Unit’s boundaries, subject to the exclusive rights to use thereof and obligations thereon as herein and in the By-Laws provided; The Common Elements (including Exclusive Use Areas) shall be subject to the provisions hereof and of the Declaration of Trust, and to the Rules and Regulations as may be promulgated thereunder with respect to the use and maintenance thereof. There shall be no long term or permanent usage by any Unit Owner of the unassigned parking spaces and use of any Common Area Facilities, such as (without limitation) the community building, pool and unassigned parking spaces shall be subject to Rules and Regulations and other requirements as may be implemented form time to time by THE VILLAGES AT SAWMILL XXXXX CONDOMINIUM TRUST. Notwithstanding the foregoing, the Common Elements shall exclude the following:
(i) until the happening of one of the events described in Section 13.7 below, any and all Buildings or portions of Buildings located beyond Ph...
Description of the Common Areas and Facilities. The owner of each Unit shall be entitled to an undivided interest in the Common Areas and Facilities (the Common Elements) in the percentages set forth in said Schedule A. The Common Elements of the Condominium consist of the entire Property, designated Phase I as aforesaid, including all parts of the buildings and improvements thereon other than the Units and will include, without limitation, the following:
(a) The attic, ceiling joists and parts of the building above such joists, the front and rear xxxxxx together with the steps and walks leading thereto, if any, the bulkheads and exterior stairways to the Unit basements, ornamental blinds, if any, and the wooden trim around each front door, gutters, drainage downspouts and other elements attached to the buildings but not included within the Units.
(b) All sewer and drainage pipes.
(c) All conduits, ducts, plumbing, wiring, flues and other facilities for the furnishing of power, light, gas, telephone and water, including all such facilities contained within any Unit and which serve parts of the Condominium other than the Unit within which such facilities are contained.
(d) The land, lawns, gardens, roads, parking and other improved areas not within the Units and all other apparatus and installations existing in the buildings for common use or necessary or convenient to the existence, maintenance or safety of the buildings.
(e) All other items other than the Units listed as common areas and facilities in Massachusetts General Laws, Chapter 183A and located on the Property. The Common Elements shall be subject to the provisions of the By- laws, to the rules and regulations promulgated pursuant thereto with respect to the use thereof, to assignment of certain Common Elements to particular Unit Owners and to payments which may be required therefor.
