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HomeMy WebLinkAbout0223 L fj ti not more than one hundred twenty (120) days from their I birth. 20. Kitching Cove Estates Homeowners Association will ~i have perpetual use of the dock access easement to the water . ` edge as shown on the plat. Eight dock slips will be constructed by the developer for sale to, and private use by individual members of Kitching Cove Estates Homeowners Association, only. ARTICLE V THE ASSOCIATION POWERS AND DUTIES Section 1. The Developer has heretofore formed a corporation not-for-profit whose name is KITCHING COVE ESTATES HOMEO~~TNERS ASSOCIATION, INC. referred to herein as the Association, which shall have the powers and duties hereinafter set forth. A copy of the Articles of Incorporation of the Association are attached hereto and made a part hereof. Section 2. The Association shall, from brie to time, fix and determine the sum or sums necessary and adequate for the continued use, maintenance and operation of the private roads and common facilities; and under road culverts drainage ditches and drainage structures; payment of any items of betterment and the establishment of appropriate reserve funds. The sum or sums shall include provisions for ` property taxes and assessments, insurance premiums for fire, windstorm and extended coverage on the private roads and common facilities, adequate public liability insurance, legal and accounting fees, management fees, operating expenses f of the system and .the Association, maintenance, repairs and replacements, charges for utilities and water, expenses and liabilities incurred by the corporation in connection with the indemnification of officers and directors and the creation ~ of reasonable contingency or reserve requirements. ~ i Section 3. The expenses determined by the ~ Associations shall be assessed against the Lots in direct proportions to the total number of square feet in each lot. i Section 4. t~iembership. All Owners as defined ` in Article II hereof shall automatically be members of the i Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. ` Section 5. Voting Rights. The Association shall have one class of voting membership. Piembers shall be ~ all owners and shall be entitled to one vote for each Lot owned in the Subdivision, provided that where title to any Lot in the Subdivision is vested in two or more persons or entities, the vote for such Lot shall be exercised as they + among themselves determine, but in any event only one vote j , may be cast with respect to such Lot. ~ ~ i Section 6. Other Rights and Obligations. Each member also shall have the rights, privileges and obligations of membership in the Association as the same are prescribed in the Articles of Incorporation of the Association as they may be constituted from time to time. In the event of any inconsistencies at any time between the provisions of this Declaration of Protective Covenants and the provisions of said Articles the provisions of this Declaration shall ~ govern. ARTICLE VI SOMMER a FRASIER, COVENANT FOR TIAINTENAiICE ASSESSMENTS P. A. ATTOIINEYS AT LAM Section 1. Creation of the Lien. Lach Owner, ' vgST ocFICE sox 7no except the Developer, of any Lot in the Subdivision by ;TUSK T, iIORgA 9A~l. U06i 2f1-7237 -6- ~ `~~319 ~~U~ 223 a~;~x •