HomeMy WebLinkAbout2977ARTICLE IV
PROPERTY RIGHTS IN THE COIrII~lON PROP~tTIES
Section 1. Members' Easements of En~oyment. Sub~ect to the provisions
of Section 3, every Member sub,ject to assessments as provided in Article V,
Section 4 hereof, shall hgve a right and easement of en~oyment in and to the
Comwon Properties and such easement shall be appurtenant to and shall pass with
the title to every Lot.
Section 2. Title To Common Properties. The Developer may retain
the legal title to the Common Properties until such time as it has completed
improvements thereon and until such time, as in the opinion.of the Developer,
the Association is able to maintain the same, but, notwithstanding any provisions ~
herein, the Developer hereby covenants, for itself, its successors and assigns
that subject to the foregoing, it shall convey the Common Properties to the
Association not later than the date on which control of the Association is
turned over to the Class A Members as provided in Article III, Section 2
hereof, free and clear of all liens and encua~rances, except real property taxes
for the year in which the conveyance takes place and any easements granted by
the Developer pursuant to Section 6 of this Article.
Section 3. Use of Common Properties for Draina~e. The Co~on
Properties may be used for drainage and the temporary retention of storm water
run-off from the Properties and other contiguous property, as well as for open
space, recreation, rights of ingress and egress, and other related activities.
No structure, planting or other material shall be placed or permitted to remain
in the Common Properties which might impair or interfere with the drainage or
temporary retention of storm water run-off of The Properties or other contiguous
property.
(a) As hereinbefore provided, the obligation to maintain the Common
Properties for drainage purposes shall be an obligation of the Association until
the area becomes subject to a municipal special assessment district for maintenance
and control thereof at which time the Association shall relinquish control and
each member of the Association shall be required to make payment of the
assessment established by the municipality. ~
(b) In the event this Association is dissolved or otherwise ceases to
exist, then in such event the Association shall have the right"to assign, transfer
and deliver over to a municipality or to any other like organization the powers
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Fil~lM346 Pa~E2972
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