Coach 2013 Annual Report Download - page 230

8. Person to Receive Service of Process. The Secretary of State of the State of New York (the “Secretary of State”) is hereby designated to
receive service of process in any action which may be brought against the Board of Managers or the Condominium. The Board of Managers shall notify the
Secretary of State of the address to which a copy of any process received should be mailed. In the absence of any such notification, the person holding the
office of President of the Board of Managers from time to time is hereby designated to receive such notification from the Secretary of State; and in such case,
the President shall promptly notify, and send copies of any documents received to, the other members of the Board of Managers.
9. Determination of Percentages In Common Elements. The proportionate undivided interest, in fee simple absolute, expressed as a
percentage or a decimal, in the Common Elements appurtenant to each Unit and as shown on Exhibit B annexed hereto and made a part hereof (the “ Common
Interest”) is based upon floor space, subject to the location of such space and the additional factors of relative value to other space in the Condominium, the
uniqueness of the Unit, the availability of Common Elements for exclusive or shared use, and the overall dimension of the particular Unit. The aggregate
Common Interest for all Units is 100%. The Common Interest appurtenant to each Unit may not be changed without the prior written consent of the affected
Unit Owner, except as otherwise provided in the Condominium Documents.
10. Encroachments. If any portion of the Common Elements now encroaches upon any Unit, or if any Unit now encroaches upon any other
Unit or upon any portion of the Common Elements, as a result of the construction of the Building, or if any such encroachment shall occur hereafter as a
result of settling or shifting of the Building, or by reason of the repair and/or restoration by the Board of Managers, any Unit or the Common Elements, a
valid easement for the encroachment and for the maintenance thereof so long as the Building stands, shall exist. In the event the Building, a Unit, any
adjoining Unit or any adjoining Common Elements shall be partially or totally destroyed as a result of fire or other casualty or as a result of condemnation or
eminent domain proceedings, and then rebuilt, encroachments of parts of the Common Elements upon any Unit or of any Unit upon any other Unit or upon
any portion of the Common Elements, because of such rebuilding, shall be permitted, and valid easements for such encroachments and the maintenance
thereof shall exist so long as the Building shall stand.
11. Rights of Access. (a) Each Unit Owner hereby grants to each other Unit Owner and the Board of Managers an irrevocable right of access,
to be exercised by the Board of Managers (or the managing agent therefor), to the granting Unit Owner’s Unit and its appurtenant Exclusive Use Common
Elements, if any, to the extent necessary from time to time for the operation of the Property, or for making emergency repairs therein necessary to prevent
damage to the Common Elements or to another Unit or Units. The foregoing rights of access shall be exercised during reasonable hours, upon not less than two
(2) days prior notice, (or in the case of an Emergency (as hereinafter defined), such notice, if any, as may be practicable under the circumstances) and, to the
extent reasonably possible, in such a manner as will not unreasonably interfere with the conduct of business of the Unit Owner or occupants of a Unit or the
use and occupancy, consistent with its intended purposes, of any Unit or portion thereof. As used herein, “ Emergency” shall mean a situation involving
continuing or imminent loss or threat of loss of life, serious bodily injury, or material loss of property.
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