4.02 Use of the Common Elements. Subject to the provisions hereof, including but not limited to Sections 4.04, 4.05 and 4.06, each Unit Owner shall have the right to use the Common Elements (except the Limited Common Elements) in common with all other Unit Owners, for the purposes of ingress and egress to and use, occupancy and enjoyment of the respective Unit owned by such Unit Owner, and the use and enjoyment of the Common Elements. Such rights shall extend to the Unit Owner and the members of his immediate family and guests and other authorized occupants and visitors of the Unit Owner or occupants. The use of the Common Elements and the rights of the Unit Owners with respect thereto shall be subject to and governed by the provisions of the Act, this Declaration and the By-laws and rules and regulations of the Board, or Association acting through the Board. The Board shall have the authority to lease or rent or grant licenses or concessions with respect to the storage area, parking area, and other parts of the Common Elements, subject to the provisions of this Declaration and the By-laws and rules and regulations of the Board.

A Limited Common Element shall be used exclusively by the Owner and Occupant of the Unit, or Owners and Occupants of the Units, to which said Limited Common Element is appurtenant.

In the event any two Units for which any portion of the Limited Common Elements designated on the Plat as for the exclusive use of such Units shall be owned by the same Owner, the Owner of such Units may, at his own expense and subject to such reasonable rules and conditions as may be required by the Board, incorporate the portion of the Limited Common Elements so designated within the two Units in question and the maintenance of such portion of the Limited Common Elements shall thereafter be the responsibility of the Owner of such Units as long as such area shall be incorporated within the Units; provided, however, that the Association shall be responsible for cleaning the exterior of windows. Whenever any such portion of the Limited Common Elements shall be so incorporated with any such two Units, such portion of the Limited Common Elements may be used by the Owner of such Units in the same manner and for the same purposes as such Units may be used. Without limiting the foregoing and solely by way of example, it is expressly understood that the Owner of two Units such as 16B and 16C, in incorporating the Limited Common Elements required on the Plat for use of such Units may erect or maintain a wall or doorway at any point within such area. If the ownership of any two units within which a portion of the Limited Common Elements shall have been incorporated shall thereafter be separated with the consent of the Board, the portion of the Limited Common Elements incorporated within such Units as provided in this paragraph shall be restored as a portion of the Limited Common Elements at the expense of the Owner of such Units and shall be decorated at such Owner's expense in substantially the same manner as the balance of the corridors on the same floor of the Building and shall resume its character as a portion of the Limited Common Elements.

4.03 Maintenance of Common Elements; Common Expenses. Except as otherwise provided herein, management, repair, alteration and improvement of the Common Elements shall be the responsibility of the Association. Each Unit Owner shall pay his proportionate share of the expenses of maintenance, repair, replacement, administration and operation of the Common Elements, which expenses are hereinafter referred to collectively as "Common Expenses." Each proportionate share shall be in the same ratio as his percentage of ownership in the Common Elements as set forth in Exhibit B. Payment thereof shall be in such amount and at such times as may be provided by the By-laws or rules and regulations of the Board. Notwithstanding anything contained herein to the contrary, the Association shall assess a Unit Owner for the cost of repairing damage to the Common Elements caused by the willful act of said Unit Owner or any person residing in his Unit.

4.04 Easements.

(a) Encroachments: In the event that by reason of the construction, reconstruction, settlement or shifting of the Building, or the design or construction of any Unit, any part of the Common Elements encroaches or shall hereafter encroach upon any part of any Unit, or any part of a Unit encroaches or shall hereafter encroach upon any part of the Common Elements or any other Unit, or, if by reason of the design or construction of utility systems, any main pipes, ducts or conduits serving more than one Unit encroach or shall hereafter encroach upon any part of a Unit, valid easements for the maintenance of such encroachment are hereby established and shall exist for the benefit of such Unit or the Common Elements, as the case may be, so long as such encroachment shall exist and all or any part of the Building containing such Unit shall remain standing; provided, however, that in no event shall a valid easement for any encroachment be created in favor of any Unit Owner or in favor of the Owners of the Common Elements if such encroachment occurred due to the willful conduct of said Owner or Owners.
(b) Balconies and Patios: All balconies and patios, if any, shall be a part of the Common Elements and not a part of any individual Unit. Each Unit Owner, however, shall be entitled to the exclusive use and possession of that balcony and patio or those balconies and patios, if any, direct access to which is provided from his respective Unit and which is or are located outside of and adjoining his respective Unit. A Unit Owner shall not paint or otherwise decorate or adorn, in any manner contrary to such balcony or patio, in any manner contrary to such rules and regulations as may be established by the Board. In the event any such balcony or patio shall be appurtenant to more than one Unit, then all rights and obligations of the Owners of each such Unit with respect to the use of such balcony or patio shall be joint, common and indivisible, and shall not be subject to partition through judicial proceedings or otherwise.
(c) Easements for Utilities: All utilities serving the property are hereby granted the right to install, lay, construct, operate, maintain, renew, repair or replace, conduits, cables, pipes and wires and other equipment into, over, under, along and on any portion of the Common Elements for the purpose of providing the Property with utility services, together with the reasonable right of ingress to and egress from the Property for the said purposes. The Association may hereafter grant other or additional easements for utility purposes for the benefit of the Property over, under, along and on any portion of said Common Elements, and each Unit Owner and such Unit Owner's mortgagee hereby grants to the Association an irrevocable power of attorney to execute, acknowledge and record, for and in the name of such Unit Owner and mortgagee, such instruments as may be necessary to effectuate the foregoing. Easements are also hereby declared and granted to install, lay, operate, maintain, repair and replace any pipes, wires, ducts, conduits, public utility lines or structural components running through the walls of a Unit, whether or not such walls lie in whole or in part within the Unit boundaries.
(d) Easements to Run with Land: All easements and rights described are easements appurtenant, running with the land, perpetually in full force and effect, and at all times shall inure to the benefit of and be binding on the undersigned, its successors and assigns, and any Owner, purchaser, mortgagee and other Person having an interest in the Property or any part or portion thereof. The easements and rights described in this Declaration shall be created and reserved to the respective grantees, mortgagees and trustees of such parcels as fully and completely as though such easements and rights were recited fully and set forth in their entirety in the documents of conveyance, mortgage or evidence of obligation notwithstanding that such documents shall fail to include reference to the same.

4.06 Storage or Locker Areas. The storage areas for the Owners' personal property in the Building outside of the respective Units shall be part of the Common Elements, and the exclusive use and possession of such areas shall be allocated among the respective owners in such manner and for such periods and subject to such rules and regulations as the Board may from time to time prescribe. Until the Board shall otherwise assign storage areas or lockers, they shall be assigned as set forth in the Schedule attached hereto as Exhibit C and by this reference made a part hereof. Any storage areas or lockers so reassigned shall be of substantially the same size and convenience of location as the predecessor. Each owner shall be responsible for his personal property in such a storage area. The Board and the Association shall not be considered the bailee of such personal property and shall not be responsible for any loss or damage thereto whether or not due to the negligence of the Board and/or the Association.

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4.07 Separate Mortgages of Units. Each Unit Owner shall have the right to mortgage or encumber his own respective Unit, together with his respective ownership interest in the Common Elements. No Unit Owner shall have the right or authority to mortgage or otherwise encumber in any manner whatsoever the Property or any part thereof, except his own Unit and his own respective ownership in the Common Elements as aforesaid.

4.08 Separate Real Estate Taxes. It is intended that real estate taxes are to be separately taxed to each Unit Owner for his Unit and his corresponding percentage of ownership in the Common Elements, as provided in the Act. In the event that, for any year, such taxes are not separately assessed to each Unit Owner, but are taxed on the Property as a whole, then each Unit Owner shall pay his proportionate share thereof in accordance with his respective percentage of ownership interest in the Common Elements.

4.09 Utilities. Each Unit Owner shall pay for his own telephone, electricity and other utilities which are separately metered or billed to each user by the respective utility company. Utilities which are not separately metered or billed shall be treated as part of the Common Expenses.

4.10 Insurance; Unit Owners. Each Unit Owner shall be responsible for his own insurance on the contents of his own Unit, and his additions and improvements thereto and decorating and furnishings and personal property therein, and his personal property stored elsewhere on the Property, and his personal liability, all to the extent not covered by the fire and liability insurance for all of the Unit Owners obtained as part of the Common Expenses pursuant to Section 5.08 hereof.

The Board shall not be responsible for obtaining insurance on any additions, alterations or improvements made by any Unit Owner to his Unit unless and until such Unit Owner shall request the Board in writing so to do, and shall make arrangements satisfactory to the Board to reimburse the Board for any additional premiums attributable thereto; and upon the failure of such Unit Owner so to do, the Board shall not be obligated to apply any insurance proceeds to restore the affected Unit to a condition better than the condition existing prior to the making of such additions, alterations or improvements.

The Association, and each Unit Owner, hereby waives and releases any and all claims which it or he may have against any other Unit Owner, the Association, its officers, members of the Board, the Trustee, the manager and managing agent of the Buildings, if any, and their respective employees and agents, for damage to the Common Elements, the Units, or to any personal property located in the Unit or Common Elements, caused by fire or other casualty, theft, vandalism and each and all other causes not resulting from the willful act of such person or resident of such person's Unit.

4.11 Maintenance, Repairs and Replacements of Units.

(a) By the Board: The Association, at its expense, shall be responsible for the maintenance, repair and replacement of those portions, if any, of each Unit which contribute to the support of the Building, excluding, however, interior wall, ceiling and floor surfaces. In addition, the Association shall clean the exterior of all windows and shall maintain, repair and replace all conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility services and any other Common Elements which may be located within the Unit boundaries, exclusive of any portions of the foregoing which may be located at or beyond the wall outlets, or which may be the responsibility of an individual Owner under any other provision of this Declaration.
(b) By the Owner: Except as otherwise provided in paragraph (a) above, each Unit Owner shall furnish and be responsible for, at his own expense:

(1) All of the maintenance, repairs and replacements within his own Unit and of the doors and windows appurtenant thereto, and all internal installments of such Unit including refrigerators, ranges and other kitchen appliances, lighting fixtures and other electrical fixtures, heating, plumbing and air conditioning fixtures or installations, and any portion of any other utility service facilities located within the Unit or Units owned by such Unit Owner, provided, however, such maintenance, repairs and replacements as may be required to or on the Common Elements for the functioning of the plumbing within the Unit, and for the bringing of water, gas or electricity to the Unit, shall be furnished by the Board as part of the Common Expenses. The Board or Association may provide, by its rules and regulations, for ordinary maintenance and minor repairs and replacements to be furnished to Units by Building personnel as a Common Expense.

(2) All of the decorating within his own Unit, including Limited Common Elements incorporated within a Unit, and balconies, including painting, wall papering, washing, cleaning, panelling, floor covering, draperies, window shades, curtains, lamps and other furnishings and interior decorating. In order to enhance the soundproofing of the Buildings, the floor covering for all occupied Units shall meet the minimum standards as may be specified by rules and regulations of the Board. Each Unit Owner shall be entitled to the exclusive use of such portions of the perimeter walls, floors and ceilings as lie within the boundaries of his Unit as shown on the Plat, and such Unit Owner shall maintain such portions in good condition at his sole expense as may be required from time to time, which maintenance and use shall be subject to the rules and regulations of the Board or Association. The interior surfaces of all windows forming a part of a perimeter wall of a Unit shall be cleaned or washed at the expense of each respective Unit Owner. The use of and the covering of the interior surfaces of such windows, whether by draperies, shades or other items visible on the exterior of the Building, shall be subject to the rules and regulations of the Board. Decorating of the Common Elements (other than interior surfaces within the Units as above provided, Limited Common Elements incorporated wholly within a Unit and balconies), and any redecorating of Units to the extent made necessary by any damage to existing decorating of such Units caused by maintenance, repair or replacement work on the Common Elements by the Association, shall be furnished by the Association as a part of the Common Expenses. Nothing herein contained shall be construed to impose a contractual liability upon the Association for maintenance, repair and replacement, and the Association's liability shall be limited to damages resulting directly from its negligence. The respective obligations of the Association and Unit Owners set forth in this Declaration shall not be limited, discharged or postponed by reason of the fact that any such maintenance, repair or replacement is required to cure a latent or patent defect in material or workmanship in the construction of the Property, nor because they may become entitled to the benefit of any construction guarantee or proceeds under policies of insurance. In addition and notwithstanding anything hereinabove to the contrary, no Unit Owner shall have a claim against the Board, Association or another Unit Owner for any work which is ordinarily the responsibility of the Board or Association, but which the Unit Owner himself has performed or paid for, unless the same shall have been agreed to in writing in advance by the Board.

4.13 Joint Facilities. To the extent that equipment, facilities and fixtures within any Unit or Units shall be connected to similar equipment, facilities or fixtures affecting or serving other Units or the Common Elements, then the use thereof by the individual Unit Owners shall be subject to the rules and regulations of the Board. The authorized representatives of the Association or the Board, or of the manager or managing agent for the Building, and any utility company serving the Building shall be entitled to reasonable access to the individual Units as may be required in connection with maintenance, repairs or replacements of or to the Common Elements or any equipment, facilities or fixtures affecting or serving other Units or the Common Elements.

4.14 Alterations, Additions and Improvements. No alterations of any Common Elements, or any additions or improvements thereto, shall be made by any Unit Owner without the prior written approval of the Board.