THE RESERVE

No Unit or Units shall be subdivided or combined either by agreement or legal proceedings, except as provided in this Article. An Owner may propose subdividing a Unit or combining Units by submitting the proposal in writing to the Board and to all other Owners and Mortgagees of the Unit to be subdivided or Units to be combined. The proposal must include complete plans and specifications for accomplishing the subdivision or combination and proposed amendments of this Declaration and the Survey Map and Plans which amendments shall be executed by the Owners of the Unit to be subdivided or Units to be combined upon approval pursuant to Article 25, and which amendments assign an identifying number to each Unit created, and reallocate the Allocated Interests formerly allocated to the subdivided Unit or Units to be combined to the new Units or Unit, as the case may be, in accordance with the formula provided in Section 5.4. The Owner of the Unit to be subdivided or Units to be combined shall bear all costs of the subdivision or combination. A proposal that contemplates subdivision of a Unit or combination of Units will be accepted only if approved in writing by all Owners and Mortgagees of the Unit to be subdivided or Units to be combined and the Board, which approval may not be unreasonably withheld.

No Unit may be altered in any way except in accordance with this Article. An Owner may make any improvements or alterations to the Owner’s Unit that do not change the structural walls, floors or ceilings; reduce the fire resistance rating of any wall, ceiling, space or separation between tire Unit and another Unit or the Common Elements; affect the structural integrity or acoustical properties of the building; or affect the plumbing, mechanical or electrical systems or lessen the support of any portion of the Condominium. An Owner of a Unit may not change the flooring from carpeting to hard surface flooring in a portion of the Unit that is over another Unit without the prior written approval of the Board, which may be withheld in its sole discretion. In connection with a change from carpet to hard surface flooring, the Board may condition its approval upon the installation of an acoustical subflooring material and/or coverage of certain floor areas with carpet. An Owner may not penetrate the boundaries of the Unit as defined in Section 5.2 without the prior written approval of the Board, which may be withheld in its sole discretion or conditioned upon an inspection by a third party selected by the Board at the Owner’s cost and expense. Alterations which penetrate the boundaries of a Unit include, but are not limited to, the installation of recessed spice racks, medicine cabinets, recessed lighting, and recessed speakers. An Owner may not change the appearance of the Common Elements or the exterior appearance of a Unit without permission of the Association pursuant to the procedures of Section 24.5.

After acquiring an adjoining Unit or an adjoining part of any adjoining Unit, an Owner may, with approval of the Board pursuant to Section 24.4, remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a Common Element, if those acts do not adversely affect the structural integrity or mechanical or electrical systems or lessen the support of any portion of the Condominium. Removal of partitions or creation of apertures under this subsection is not a relocation of boundaries. The Owner’s proposal to act under this Section shall be submitted to the Board and shall include the plans and specifications for the proposed removal or alteration.

A proposal that contemplates substantial alteration of one or more Units is subject to approval by the Board. The Board shall approve an Owner’s request under this Section within 30 days, unless the proposed alteration does not comply with Section 24.3 or impairs the structural integrity or mechanical or electrical systems in the Condominium. The failure of the Board to act upon a request within such period shall be deemed approval thereof.

A proposal that contemplates substantial alteration of one or more Units is subject to approval by the Board. The Board shall approve an Owner’s request under this Section within 30 days, unless the proposed alteration does not comply with Section 24.3 or impairs the structural integrity or mechanical or electrical systems in the Condominium. The failure of the Board to act upon a request within such period shall be deemed approval thereof.

The boundaries between adjoining Units may only be relocated by an amendment to the Declaration, pursuant to Article 25, upon application to the Board by the Owners of those Units. If the Owners of the adjoining Units have specified a reallocation between their Units of their allocated interests, the application must state the proposed reallocations. Unless the Board determines within 30 days that the reallocations are unreasonable, the Association shall prepare an amendment that identifies the Units involved, states the reallocations, is executed by the Unit Owners, contains words of conveyance between them, and is recorded in the name of the grantor and the grantee. The Association shall obtain and record survey maps or plans complying with the requirements of RCW 64.34.232(4) necessary to show the altered boundaries between adjoining Units and their dimensions and identifying numbers. The Owner or Owners benefited by a reallocation of Unit boundaries shall bear all costs associated therewith in proportion to the relative benefits to each such Unit as determined by the Board.