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<br /> � 77_ 007304 �
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<br /> three ( 3 ) votes for each Lot owned . The Declarant Mem-
<br /> bership shall cease and be converted to Resident Member- � r
<br /> ` shi u .
<br /> p pon the earlier to occur of the followinq events , � , ,, , fir'
<br /> �� to -wit : ( 1 ) when the total votes outstanding of P.esi - « ,=r
<br /> dent Membership equal the total votes outstanding in the , � '�,'
<br /> Declarant Membership , or ( 2 ) on December 31 , 1981 . � ;�� „
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<br /> ARTICLE IV � �
<br /> � �`:;
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<br /> COVENANT FOR MAINTENANCE ASSESSMENTS ,p;,
<br /> ; < < �
<br /> Section 1 . Creation of the Lien and Personal Obli ation '
<br /> of Assessments . T e Declarant for each Lot owned within the , ; '
<br /> Properties ereby covenants , and each Owner of any Lot by
<br /> acceptance of a deed therefor , whether or not it shall be so
<br /> expressed in such deed , is deemed to covenant and agree to
<br /> pay to the Association : ( 1 ) Regular annual maintenance
<br /> assessments or char es for the ' "
<br /> g purposes hereinafter set forth ��
<br /> in Section 2 hereof , ( 2 ) Regular assessments for insurance on y
<br /> the Properties , and ( 3 ) Assessments for capital improvements , �.; ;;
<br /> such assessments to be established and collected as herein- "�
<br /> � ���
<br /> after provided . Such regular and special assessments , together r�,�;
<br /> with interest , costs , and reasonable attorney ' s fees , shall be � W,
<br /> and constitute , from the date levied until paid , a continuing v� 4 '�
<br /> charge against and lien upon such Lot or property against
<br /> which each such assessment is made , without any requirement x � '
<br /> of recording further notice of such lien . Each such assessment , �a, ' �
<br /> together with interest , costs , and reasonable attorney ' s fees , �,; . J ,
<br /> shall also be the personal obligation of each person who was an �; r „'
<br /> Owner of such Lot at the time when the assessment fell due . The ;�;�
<br /> personal obligation for delinquent assessments shall not pass � _
<br /> to successor Owners unless expressly assumed by them . � ��`
<br /> 5�� . 4?
<br /> Section 2 . Purpose of Assessments . The assessments levied , . a
<br /> by the Ass ation s all be used exclusively without any part of E�` , ; '-
<br /> the net earnings inuring to the private benefit of its members , ' t��;
<br /> to promote and sustain their social welfare and otherwise pro- �r .,,,,
<br /> vide for their health , pleasure , recreation , safety and other �,„„
<br /> non rofitable interests b ac uirin �' `+ '�
<br /> P y q g , maintaining , operating , .�;M
<br /> contributing to the acquisition , maintenance , or operation of ,
<br /> or otherwise making available for use any one or more area en-
<br /> trances or entry structures , swimming pools , tennis courts , and % ^
<br /> any other recreational equipment , facilities , grounds or struc -
<br /> tures , to provide weed and other actual or potential nuisance
<br /> x �;
<br /> abatement or control , security service , domestic water supply ,
<br /> and other community services , to provide for exterior mainten-
<br /> ance on the homes located on the Properties , to provide architec -
<br /> tural control and secure compliance with or enforcement of ap-
<br /> plicable covenants , easements , restrictions ; and similar limit -
<br /> ations , and to undertake such other activities appropriate , con- _
<br /> venient , or necessary to promote or sustain any such interest .
<br /> The exterior maintenance shall consist of exterior maintenance
<br /> upon each Lot which is subject to assessment for exterior main - -
<br /> tenance hereunder , including but not in limitation of the fore -
<br /> going , the painting , repair , replacement , and care of roofs ,
<br /> gutters , downspouts , exterior building surfaces , trees , shrubs ,
<br /> grass , walks , driveways and private drives and private roads ,
<br /> and other improvements . Exterior maintenance shall not include
<br /> painting , repair , replacement and care of glass surfaces ,
<br /> doors , garage doors , mechanical garage door openers , or any
<br /> mechanical equipment such as air conditioning condensers and
<br /> related appliances and equipment . in the event that the need
<br /> for maintenance or repair is caused through the willf ul or negli -
<br /> gent act of the Owner , his or her family , guests , or invitees , the
<br /> cost of such maintenance or repairs shall be added to and be-
<br /> come a part of the regular assessments to which such Lot is
<br /> subject . The Association is specifically authorized hereunder `"`'�'
<br /> to contrsct with any professional management company , including
<br /> any manaqeiaent coa+pany related to or affiliated with Declarattt ,
<br /> to furnish professional manaqement of the Properties and to pro - ��;:
<br /> vide said exterior maintenance as set forth herein . �,�,-:,,
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