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implied, as to the building effect or enforceability of all or any portion of the Community Documents or as to the compliance of any provision of the Community Documents with public laws, ordinances, or regulations applicable to the Project. Nothing contained in this Declaration and nothing that may be represented to a Purchaser by real estate brokers or salesmen shall be deemed to create any implied covenants, servitudes, or restrictions with respect to the use of any Property subject to this Declaration. ARTICLE 3 OVER 55 COMMUNITY 3.1 Planned Development. All Lots located in the Community are restricted for development as an exclusive community of Residences intended for occupancy by at least one individual aged fifty -five (55) or older. Subject only to the Requirements for Exemption hereafter set forth, all Residences in the Community must be occupied by at least one Resident who is 55 years of age or older, and no person under 18 years of age may be a Resident. The Board, in its sole and absolute discretion, shall have the right and power to establish community rules allowing for limited periods of occupancy by persons under the age of 18. By way of illustration but not limitation of the preceding sentence, those rules established by the Board may limit the number of days consecutively or within a period (such as a month) and the number of times within a period (such as a year) that occupancy by any person under the age of 18 will be permitted. 3.2 Over 55 Community Compliance Assurance Provisions Consistent with the intent to create an over 55 community, the following provisions shall at all times be applicable to all Lots within the Community: (a) The Fair Housing Act prohibits discrimination in the sale, rental, and financing of dwellings based on familial status, including community rules that prohibit persons under the age of 18 from being an Occupant. However, the Fair Housing Act provides that a community is exempt from this restriction if the community meets the standards for exemption contained in HOPA. (b) HOPA provides for an exemption from the Fair Housing Act's prohibition against discrimination based on familial status when a community is intended and operated for occupancy by persons aged 55 years or older and the following requirements ( "Requirements for Exemption ") are satisfied: (i) at least 80% of the occupied dwelling units are occupied by at least one person 55 or older; (ii) the community publishes and adheres to policies and procedures that demonstrate its intent to qualify for the exemption; and (iii) the community complies with rules issued by the Secretary of Housing and Urban and Development (HUD) for verification of occupancy. Page 15 of 69 201503252