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0.J190428/ <br />shall be subject to the following: <br />1. All easements shown upon any final plat of any portion of the Residential <br />Property recorded with the Register of Deeds of Hall County. <br />2. The right of the Association to promulgate rules and regulations for the <br />reasonable use and enjoyment of the accessible Common Area and the right of the Association, as <br />provided in its Articles and Bylaws to suspend a Member's use of the accessible Common Area for <br />any period during which any assessment remains unpaid, or for any infraction of any published rules <br />and regulations governing the use and maintenance of the accessible Common Area, provided, <br />however, such rules or regulations shall not unfairly discriminate against any class of Members or <br />Residents. <br />3. The right of the Association to dedicate or transfer all or any part of the accessible <br />Common Area to any public agency, authority, or utility and subject to such conditions as may be <br />agreed to by the Members, provided, however, that any such dedication or transfer shall be approved <br />by a majority vote at a regular meeting of the Members, providing notice of the proposed dedication <br />or transfer be contained in the notice of such meeting; and <br />4. The use of the walkways located within the property by the general public <br />pursuant to any public access easement granted or to be granted by the Declarant. <br />5. Members or their designees may be accompanied in the use and enjoyment of the <br />Common Areas by guests but such guests shall be subject to the fees, rules and regulations governing <br />the use of the Common Areas. <br />ARTICLE V <br />Covenant for Maintenance Assessments <br />A. Creation of the Lien and Personal Obligation of Assessments. The Declarant for each <br />Lot owned within the Property hereby covenants, and each Owner of any lots by acceptance of a <br />deed therefor, whether or not it shall be so expressed in such deed, is and shall be deemed to <br />covenant and agree to pay to the Association: (1) annual (general) assessments or charges, (2) <br />special assessments for capital improvements, such assessments to be established and collected as <br />hereinafter provided; and (3) special assessments for goods or services provided to the Lot including <br />but not limited to mowing, lawn care, snow removal and in the case of T and R Lots, exterior <br />maintenance. The annual and special assessments, together with interest, costs, and reasonable fees <br />including attorney fees, shall be a charge on the land and shall be a continuing lien upon the property <br />against which each such assessment is made. Each such assessment, together with interest, costs, and <br />reasonable fees including attorney fees, shall also be the personal obligation of the person who was <br />the Owner of such property at the time when the assessment fell due. The personal obligation for <br />delinquent assessments shall not pass to successors in title unless expressly assumed by them or <br />unless a lien therefor has been filed against the Lot. <br />8 <br />