HomeMy WebLinkAbout0367 For purposes of dete~mining the votes allowed under this Section ~vhen dweiling
u~iis a~ e counted the lot or lots upon wh~ch said chvel{in~ units are situated shall not be counted,
ARTICLE IV -
USE AND PROPERTY RIGH7S IN THE COMMON PROPERTIES
Section 1, Members' Easements of En;oyment. Subject to the provisions of Sectian
3, every member during the period his (their) membership is in good standing and :~ot in default
in the poyment oF assessments provided for he~ein or othenrv'sse in default in his (their) membership
shall have a non-exclusiv~ ~-ight and easement of use and enjoyment in and to the Common Properties
and such right and easement shal! be appurtenant to and shall pass with the title to every Lot or
Dwelling Unit.
Section 2. Title ta Common Properties. The Devcloper ma~ retain the Iegal title
to the Common Properties until such time as it has completed improvements thereon, if any, and until
such time as, in the opinion of tl~~ I?~velopcr; the Association is able to maintain the sar?me, but, not-
withstanding any provision herein, the Developzr hereby covenants, fa- itseif, ~fis heirs and assigns
that it shall convey the Common Pro~erties to t~e Asso~iation not lafier than Januory I,1980, free
and clear of all liens ond encumbrances, except real property taxes for ti~e year in ~vh~ch the -
E conveyance takes place and any easement gronted by the Developer purwaii~ to Section 6 0` thi~
f
I
k Article.
~ -
~ Section 3. Use of Certain C.~mmon Proberties for Drcinac~e. That portion or ths
~
Com~non Properties designated for drainage purposes ~N~n any plat or oth~r instru:nznt no;~~ or h~reafter
p~aced among thz public records and executed by the then holder of the fee simple title tS~ereto, nay
~ ~
c~sLd ior drainage and the temporary rerention of storm water run-of` from the Properties ond ot;~~r
co;iti~uous property, as ~vell os for open space, recreation, and otF~er related activity. I~o sir~~cture,
pl~ntin;,, or other material shall be placed or permitted to remain in the Common Prop~rti~s desigR~ted
ior clrainage purposes or as a Grainage rigfit--of-way which might impair or interfere wit{i th~ drair.ace
~ or temporory retention of storm vroter ru~-off of T~e °roperties ar othcr contiguous pro~ -r
Section 4. Extent of M?embers' Rights and Easements. The rights a:~d eas~:.~ ~n`s of
use ond enjoyment created hereby sn~ll be subject to the following:
(o) Thc right of t{~e Devel~~er or of th~ Association, in accordance with
its Articl~s and 8ylaws, to barrow mancy for tne purpose o` improvin~ tl,e Common Pro~erties and -
~
~OOx PAGi J6~
• . - ~-cc. Sti,+.. L: •,l'.-t:_ . . lO~.LI As-:tv.r...:t i:. :t•.~!~. i l:]FCf:~.~ S_SlZI ~f5li.:i1.)~F .i',.`i- . ,
_ - ~ _
~~-"e~~ ''s~'~~~~+~'7"°' ~-t . _ - ' ~ ~ r' .
- ~ ~ ,7-~ i+s.e~i~~ ~r i
t~-z~ ~„s-
s~ ~ . ~ , ;
~ _ _ - ~ ,