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202002679 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. 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 the obligations of the Association under this Declaration with respect to the operation and Maintenance of the Areas of Association Responsibility. 7.2 Board of Directors and Officers. The affairs of the Association shall be conducted by a Board of Directors and such officers as the Board may elect or appoint in accordance with the Articles and the By -Laws. The initial directors of the Association shall be designated in the Articles and shall serve until their stated term expires, they are removed, or their successors are duly appointed. Until such time as the By - Laws provide for the election of directors, the Declarant shall have the exclusive right to appoint and remove all members of the Board. When the specified percentage of Lots shall be owned by Owners other than the Declarant or Designated Builders, the Board shall be elected by the Members as provided by the By -Laws. Unless the Community Documents specifically require the vote or consent of the Members, the Board may do or cause to be done any act on behalf of the Association. 7.3 Power to Adopt Rules and Regulations. The Association may adopt, amend, repeal, and enforce such rules and regulations as may be deemed necessary or desirable with respect to the interpretation and implementation of this Declaration, the operation of the Association, and the use of any of the Property, including Lots. Any such rules and regulations shall be reasonably and uniformly applied. Rules and regulations Page 30 of 52