201309222 - Laserfiche WebLink

Browse

accordance with the plans and specifications approved by the DRC and that all Improvements are being properly maintained as required by the Community Documents; (c) correcting any condition originating on a Lot or in the Common Area threatening another Lot or the Common Area; (d) performing installations or Maintenance of utilities, landscaping, or other Improvements located on any Area of Association Responsibility; or (e) correcting any condition that violates the Community Documents. 6.9 Easements for Encroachments. If any Improvement on any Lot or portion of the Common Area now or hereafter encroach on any other portion of the Property by reason of (a) the original construction thereof, (b) deviations within normal construction tolerances in the Maintenance of any Improvement, or (c) the settling or shifting of any land or Improvement, then an easement is hereby granted to the extent of any such encroachment for the period of time the encroachment exists. The Owner of the encroaching Improvement shall also have an easement for the limited purpose of Maintenance of the encroaching Improvement. This easement does not relieve any Owner or any other Person from liability for such Owner's or other Person's negligence or willful misconduct. 6.10 Rights of Builders. 201309222 Notwithstanding any other provision of this Declaration to the contrary, a Builder shall have the right to maintain model homes and sales offices on Lots owned by the Builder and to construct and maintain parking areas for the purpose of accommodating persons visiting such model homes and sales offices; provided that (a) the plans and specifications for the model homes and sales offices and related landscaping have been approved in writing by the DRC; (b) the location and design of the parking areas incidental to such model homes and sales offices has been approved in writing by the DRC; (c) the opening and closing hours for such model homes and sales offices have been approved in writing by the DRC; and (d) the construction, operation, and maintenance of such model homes and sales offices otherwise complies with all provisions of this Declaration. Any model home and any sales office shall cease to be used as such at any time the Builder is not actually engaged in the sale of Lots. The provisions of this Section shall not apply to Designated Builders. ARTICLE 7 THE ASSOCIATION: ORGANIZATION, MEMBERSHIP, AND VOTING RIGHTS 7.1 Formation of Association. The Association shall be a nonprofit Nebraska corporation. The Association shall have all of the common law and statutory powers conferred upon nonprofit corporations under Nebraska law and all powers necessary or desirable to perform the Association's duties and obligations and to exercise the rights and powers of the Association set forth in the Community Documents. The Association shall not be dissolved unless another entity has agreed to assume Page 39 of 68