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HomeMy WebLinkAbout0932 • Property, which shall be appurtenant to and shall pass with the title to every unit or parcel subject to this Declaration. . B. Extent of Members' Easement. The rights and easements of enjoyment created hereby shall be subject to the following: 1. The .right of Developer and the Association, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the Common Property and to mortgage the Common Property. In the event of a default upon any such mort- gaye, the lender's rights hereunder shall be limited to a right, after taking possession of the Common Property, to charge admission and other fees as a condition to continued enjoyment by the members and, if necessary, to open the enjoyment of the Common Property to a wider usage until the mortgage debt is satisfied, whereupon the possession of the Common Property shall be returned to the Association and all rights of the members hereunder shall be fully restored; and 2. The right of the Association to take such steps as are reasonably necessary to protect the Common Property; and 3. The right of the Association, as provided in its Articles and By-Laws, to suspend the enjoyment rights of any member for any period during which any assessment remains unpaid, i and for any period not to exceed thirty (30) days for any infrac- tion of its published rules and regulations; and ~ 4. The right of the Association to charge reasonable admission and other fees for the use of certain amenities; and 5. The right of the Association to dedicate or trans- fer all or any part of the Common Property to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members, provided that no such dedication, transfer, or deterr;-.ination as to the purposes or conditions thereof shall be effective unless an instrument signed by members entitled to cast two-thirds (2; 3) of the votes of the total membership has been recorded, agreeing to such dedication, transfer, purpose or condition, and unless written notice of the -8- eooK327 P~cE 931 _ ~ vY _ _ .xt_ r~