Laserfiche WebLink
ARTICLE 7 <br />EASEMENTS <br />7.1 Easements for Use of Common Area. <br />7.2 Utility and Development Easements. <br />Page 37 of 69 <br />201503252 <br />Every Owner and Resident, together with their family members, guests, and invitees, <br />shall have a right and easement of enjoyment in and to the Common Area, which right shall be <br />appurtenant to and shall pass with the title to every Lot, subject to: <br />(a) The right of the Association to dedicate, convey, transfer, lease, or encumber the <br />Common Area as provided in Section 8.16; provided, however, that if access to a <br />Lot is over any part of the Common Area, then any conveyance, lease, or <br />encumbrance of such Common Area shall be subject to an easement for ingress <br />and egress in favor of the Owner and Residents of the Lot and their guests and <br />invitees. <br />(b) The right of the Board to adopt rules, regulations, or policies regulating the use of <br />the Common Area, including limiting the number of guests who may use the <br />Common Area and restricting or prohibiting access to such portions of the <br />Common Area (such as landscaped areas) not intended for use by the Owners or <br />Residents. <br />(c) The right of the Association to suspend the right of any Owner or Resident, and <br />their family members, guests, and invitees, to use the Common Area (other than <br />the right of such Owner or Resident, and their family members, guests, and <br />invitees, to use any streets that are part of the Common Area for ingress or egress <br />to the Owner's Lot) if such Owner is more than fifteen (15) days delinquent in the <br />payment of Assessments or other amounts due to the Association or if the Owner <br />has violated any other provision of the Community Documents and has failed to <br />cure such violation within fifteen (15) days after the Association notifies the <br />Owner of the violation. <br />(d) The rights and easements reserved by or granted to the Declarant or a Designated <br />Builder by this Declaration. <br />(e) The rights and easements, if any, reserved or granted to the Declarant or any other <br />Person in the deed conveying the Common Area to the Association. <br />Notwithstanding any other provision of this Section to the contrary, only the Owners and <br />Residents of Lots within a Subdivision Assessment Area, and their family members, guests, and <br />invitees, shall have a right and easement of enjoyment in the Subdivision Common Area of that <br />Subdivision Assessment Area. <br />The right of easement and enjoyment of the Common Area may not be transferred or <br />assigned except upon the conveyance or transfer of the Lot to which such right is appurtenant. <br />A non - exclusive, perpetual blanket easement is hereby granted over and through the <br />Common Area for the purpose of (a) installing, constructing, operating, maintaining, repairing, <br />