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3.9 Scope and Binding Effect of Actions. All agreements and determinations made by the Master Association in accordance with the powers and purposes established by the Master Governing Documents are binding upon all Persons having any interest in or using the Property. 3.10 Mana ems. The Master Association may, at the discretion of the Master Board, employ a professional manager or managers to manage the Master Association and the Property. The manager shall be a reputable and experienced manager of owners associations, and shall be subject to approval by the Master Developer so long as the Master Developer owns a Unit for sale or has the right to add Additional Property to the Property. The manager may be an employee of the Master Association or an independent contractor. The Master Board may delegate to a manager the management duties imposed upon the Master Association's officers and directors by the Master Governing Documents. However, such delegation does not relieve the officers and directors of the ultimate responsibility for the performance of their duties as prescribed by the Master Governing Documents and by law. The Master Developer and/or an affiliate of the Master Developer may be employed as the manager of the Master Association and/or the Property pursuant to a separate, written agreement, subject to termination as provided by MCIOA or the management agreement. 3.11 Appointment of Officers and Directors by the Master Developer. The Master Developer has the exclusive right to appoint the officers and directors of the Master Association during the Master Developer Control Period, as set forth in Section 12.5. SECTION 4 MASTER COMMON ELEMENTS AND PROPERTY RIGHTS 4.1 General. Those parts of the Property owned by the Master Association and not included within the Units or other Neighborhood Property constitute Master Common Elements, which shall be owned by the Master Association for the benefit of the Members, Owners and Occupants. The Members, Owners and Occupants shall have a reasonable right of use and enjoyment in the Master Common Elements, subject to the Master Governing Documents. The rights, easements and obligations attributable to a Unit shall pass with the title to the Unit as an appurtenance thereto, whether or not specifically described. 4.2 Management and Operation. Except as otherwise expressly provided in the Master Governing Documents, the Master Association shall manage, administer, operate, maintain, repair and replace the Master Common Elements. Master Common Expenses for the operation of the Master Association, the maintenance, repair, replacement and management of the Master Common Elements, and such other management, maintenance, repair and replacement as the Master Association is obligated to provide under Section 9, shall be assessed against and collected from the Members in accordance with Section 6. 4.3 Title to Master Common Elements. When Additional Property or other property is subjected to this Master Declaration, title to that portion of such Additional Property or other property constituting Master Common Elements shall simultaneously be conveyed to the Master Association, unless otherwise determined by the Master Developer. Master Common Elements shall be conveyed and owned subject to: (i) building and zoning laws, and state and federal regulations; (ii) reservations of mineral rights in the State of Minnesota; (iii) the lien of real estate taxes not yet due and payable; (iv) this Master Declaration, and other agreements, 11 2190398.v1