Third Party Complaint Exhibits

47-7A-3(D). "common elements" means all portions of a condominium other than the
units;

47-7A-3(P). "limited common element" means a portion of the common elements
allocated by the declaration or by operation of Subsections B and D of Section 14
[47-7B-2 NMSA 1978] of the Condominium Act for the exclusive use of one or more
but fewer than all of the units;

47-7B-2 says:

(B). if any chute, flue, duct, wire, conduit, bearing wall, bearing column or any other
fixture lies partially within and partially outside the designated boundaries of a unit, any
portion thereof serving only that unit is a limited common element allocated solely to that
unit, and any portion thereof serving more than one unit or any portion of the common
elements is a part of the common elements;

(D). any shutters, awnings, window boxes, doorsteps or stoops and all exterior doors
and windows or other fixtures designed to serve a single unit, but located outside the
unit's boundaries, are limited common elements allocated exclusively to that unit;

47-7C-7. Upkeep of condominium.

and each unit owner is responsible for maintenance, repair and replacement of his unit.
Each unit owner shall afford to the association and the other unit owners, and to their
agents or employees, access through his unit reasonably necessary for those purposes. If
damage is inflicted on the common elements or on any unit through which access is
taken, the unit owner responsible for the damage, or the association if it is responsible, is
liable for the prompt repair thereof.

The Condominium Declaration for Manhattan Condominium filed March 12, 1984, states:

Section 2.4. “Maintenance Responsibilities.

The Revised and Restated Bylaws of 1999, state:

Article V, Section 5. Maintenance, Repair, Replacement, and Other Common Expenses.

a. By the Board of Directors.

provided, however, that Unit Owner shall perform all repair, replacement, and
maintenance on the Limited Common Elements appurtenant to this Unit and any portion
of the remaining Common Elements which the Board of Directors pursuant to the rules
and Regulations has given him permission to utilize, including, without limitation, the
items enumerated in subsection b. hereof.

The Declaration does not specifically define Limited Common Elements, but rather states:
Section 1.2. Defined Terms. Terms not otherwise defined herein or in the plats, plans, or
Bylaws shall have the meanings specified in Section 2 of the Condominium Act.

A. Except to the extent provided by the declaration, Subsection B of this section or
Section 46 [47-7C-13 NMSA 1978] of the Condominium Act, the association is
responsible for maintenance, repair and replacement of the common elements,

Notwithstanding the ownership of various portions of the Common Elements and the
Units by virtue of the foregoing boundary description, the provisions of the Bylaws shall
govern the division of maintenance and repair responsibilities between the Unit Owner
and the Association.”

The Board of Directors shall be responsible for the maintenance, repair, and replacement
(unless, if in the opinion of not less than two-thirds (2/3) of the Board of Directors such
expense was necessitated by the negligence, misuse, or neglect of a Unit Owner) of all of
the Common Elements, but not the Limited Common Elements, as defined herein or in
the Declaration, the cost of repair of the Common Elements shall be charged to all Unit
Owners as a Common Expense;

This shows Unit 1, owned by
Dorrie Deal. She previously had a
wood fence like that in the photo
of my unit, but she replaced it
with a stuccoed wall to include
architectural windows and door
and a ceramic “Casita 1” tile.
This also shows the chimney to
the fireplace she just added, as
well as the extensive
landscaping. I, Karen Kline, took
this photo on September 10,
2004.

These pictures show: 1.
extensive landscaping to include
tree plantings and rock and
flagstone work; 2. a portal-like
structure that was built, a
ceramic fireplace, many
landscaping plantings, and new
gravel needed to complete the
picture, and for which I was
assessed; 3. flagstone that was
not just laid in the path, but
which was chipped in places into
circles to specifically match the
flagstone in Defendant Deal’s
limited common, and the picture
shows the bottom of an arch
over the flagstone path. I, Karen
Kline, took this photo September
10, 2004.

These pictures show: 1. a newly
erected coyote fence extending
along the back property line and
ending when it comes to my unit,
as well as wood for the newly
constructed fireplace in Unit 1; 2.
a shed that appears to be for the
exclusive use of someone other
than me, because I was neither
asked about its construction nor
given a key to the lock; 3.
landscaping, a bench, pottery
architectural item, and bird feeder
all added since the common
element pit was excavated and
the costs not shared as they
should have been. I, Karen Kline,
took this photo on 9/10/2004.

What these images illustrate is the lavish common element
landscaping done for the other owners personal enjoyment at the
same time that the common element near my unit was left
dangerously below standard. I had tetanus when I took these
pictures, but didn't yet know it.