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4.3 Income From Common Elements. All common revenue from the general common <br />elements (except the parking garage common area) shall be income of the Association. The Board of <br />% Directors may, in its discretion, use such income to help meet the expense of maintaining the common <br />elements, or for such other purpose as may benefit the Association and the Unit owners in a manner <br />proportionate to the percentage ownership in the common elements pertaining to each such Unit. <br />Income from the parking garage common area shall belong to the Unit Owners in same proportion as <br />their share of expense for the parking garage common area. <br />4.4 Rules and Regulations Promul atg ed bv the Association. No person shall use the <br />common elements or any part thereof in any manner contrary to, or not in accordance with, such Rules <br />and Regulations pertaining thereto as from time to time may be promulgated by the Association. <br />Without in any manner intending to limit the generality of the foregoing, the Association shall have the <br />right, but not the obligation, to promulgate rules and regulations limiting the use of the common <br />elements to the members of the Association and their respective employees, invitees, guests and agents. <br />Such use may be conditioned upon, among other things, compliance by the Unit owner with such Rules <br />and Regulations and the payment by the Unit owner of such assessments as may be established by the <br />Association for the purpose of defraying the cost thereof. <br />4.5 Limited Common Elements. The Condominium does not contain any limited common <br />elements. <br />5. VOTING. The owner or co-owner of each unit shall be entitled to vote in pro ortion to its <br />undivided ownership in the common elements. So ong as ere are on y two arties t at own al! o the <br />Umts, 11 action by the owners shall be taken after unammous vote o a umt owners, except as otherwise <br />s ecifically rovided in this Declaration or the B laws. At suc t~mes, rom time to time, as there are <br />more than two parties t at own o e nrts, al action by the owners shall be taken upon that vote of <br />those Unit owners havin an undivided ownershi interest in 75% or more of the common elements. <br />he ca ling an con uctmg o meetmgs o t e ssociation o Umt wners and t e exercise o votmg <br />rights shall be controlled by Articles II and III of the Bylaws, and may include voting by ballot. If one <br />owner desires to take a particular action and the other owner(s) will not agree, the matter shall be <br />submitted to the dispute resolution process described in Article XVI of the Bylaws. <br />6. USE OF PROPERTY. <br />6.1 General. Each Office Unit is to be occupied as offices for governmental agencies or by <br />lessees of the unit owners and for their visitors and guests, including without limitation administrative <br />offices and, in addition, with respect to Units owned by the Salem Area Mass Transit District, passenger <br />waiting rooms, ticket sales office, break room and other transit related uses. The Mall Unit is to be used <br />for transit related purposes. The common elements shall be used for the furnishing of services and <br />facilities for the enjoyment of the Unit owners, their employees, invitees, guests and agents. Additional <br />restrictions and regulations are set forth in the Bylaws and rules or regulations adopted pursuant to the <br />provisions of the Bylaws. <br />6.2 Use of Hearing Room Unit. The Hearing Room Unit depicted on the plat shall be used for <br />appropriate govemmental hearing and meeting purposes. The parties recognize that it will be necessary <br />to cooperate in scheduling their respective use of the Hearing Room. Additionally, the parties anticipate <br />that the Hearing Room will be used by the Unit owners in proportions different from their respective <br />ownership and use of other general common elements. The Units shall be entitled to the use of the <br />Hearing Room in approximately the following proportions: <br />nit Percenta~e <br />1 50% <br />2 50% <br />Condominium Declaration <br />Page - 5 <br />102598i037 <br />