Section 3.01. Association Rights. Association shall have a non-exclusive easement over those portions of the Common Areas made up of the Improvements on the Property and a nonexclusive license over all other portions of the Common Areas for the purpose described in this Declaration. Upon Close of Escrow for the first sale of a Condominium in the Project, the Association shall immediately become responsible for all maintenance, operation, control and expenses associated with the Common Areas.

Section 3.02. Partition. There shall be no judicial partition of the Common Areas, or any part thereof for the term of the Project, nor shall Grantor, any Unit Owner or any other Person acquiring any interest in any Condominium in the Project seek any such judicial partition.

Section 3.03. Members' Rights of Use and Enjoyment of Common Areas. Subject to the provisions of this Declaration, every Member of the Association shall have, for himself and his Family, a nonexclusive easement of access, ingress, egress, use and enjoyment of, in and to those portions of the Common Areas made up of the Improvements on the Property and a nonexclusive license over all other portions of the Common Areas and such easements and licenses shall be appurtenant to and shall pass with title to every Condo minimum in the Project.

Section 3.04. Extent of Members' Rights. The rights of Members of use and enjoyment of the Common Areas created by this Declaration shall be subject to Restrictions, including without limitation the following:

1. The right of the Board to suspend the voting rights, easements and licenses of any Member, and the Persons deriving such rights, easements and licenses from any Member, for use of the Common Areas, for any period during which the payment of any Annual, Special, Capital improvement or Reconstruction Assessment against such Member and his Condominium remains delinquent, and, after Notice and Hearing as provided in the By-Laws, to suspend such rights, easements and licenses for the period set forth in the By-Laws for any violation of the Restrictions, it being understood that any suspension for either nonpayment of any Assessment or breach of the Restrictions shall not constitute a waiver or discharge of the Member's obligation to pay Assessment as provided herein;
2. The right of the Association to consent to or otherwise cause the construction of additional Improvements on the Common Areas and to consent to or otherwise cause the alteration or removal of any existing Improvements on the Common Areas the benefit of the Members of the Association;
3. The right of the Association, acting through the Board, to consent to or join in the grant or conveyance of easements, licenses or rights-of-way in, on or over the Common Areas for purposes not inconsistent with the intended use of the Project as a residential Condominium project;
4. Subject to the provisions of this Declaration, the right of each Unit Owner to the exclusive use of the Restricted Common Areas allocated to his respective Units;
5. The rights and reservations of Sublessor and Grantor as set forth in this Declaration; and
6. The right of the Association, acting through the Board, to reasonably restrict access to roofs, maintenance areas and other areas of the Project.
7. The right of the Association to reasonably limit the number of guests, tenants and invitees of Owners using the Common Areas.
8. The right of the Association to establish uniform rules and regulations pertaining to the use of the Common Areas and Restricted Common Areas, including, without limitation, the right and obligation of the Association to enforce all parking restrictions within the Common Areas and Restricted Common Areas as set forth in Article VIII hereof.