HomeMy WebLinkAbout0223 L
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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. ~
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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.
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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. ~ ~
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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
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