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<br />88- 105085 <br /> <br />supplementary declaration annexing additional area to the <br />properties in the manner provided herein, The common area will <br />be conveyed to the Association by Declarant at the time of the <br />first conveyance of any lot within the properties to an owner. <br /> <br />Section 5. "Lot" shall mean and refer to any platted lot <br />of land shown upon the recorded subdivision map of the properties <br />with the exception of the common area. <br /> <br />Section 6. "Improved Lot" shall mean and refer to any <br />lot on the properties exclusive of the common area upon which <br />shall be erected a dwelling the construction of which shall be <br />at least ninety percent (90%) complete according to , the plans <br />and sgecifications for construction of said dwelling. All other <br />lots exclusive of the common area, which shall be vacant or <br />upon which erected a dwelling the construction of which shall <br />be ninety percent (90%) complete according to the p'lans and <br />specifications for construction of said dwelling, shall be <br />defined and referred to herein as "unimproved lots". <br /> <br />ARTICLE II. <br />PROPERTY RIGHTS <br /> <br />Section 1. Owners Easements of Enjoyment. Every owner <br />shall have and there is hereby granted to all Owners a right <br />and easement of enjoyment in and to the common area located as <br />above described within the properties which easement shall be <br />appurtenant to and shall pass with the title to every lot, <br />subject to the right of the Association to suspend the voting <br />rights and right to use the recreational facilities by an <br />Owner for any period during which any assessment against his <br />lot remains unpaid. <br /> <br />Section 2. Delegation of Use. Any Owner may delegate his <br />right of enjoyment to the common area and facilities to the <br />members of his family, guests or tenants; provided, however, <br />that said Owner shall be responsible to the Association for <br />the conduct upon and use by said family, guests or tenants of <br />the common area. <br /> <br />ARTICLE III. <br />MEMBERSHIP AND VOTING RIGHTS <br /> <br />Section 1. Every Owner of a lot within the properties <br />shall be a member of the Association. Membership shall be appurtenant <br />to and may not be separated from ownership of any lot which is <br />subject to assessment. <br /> <br />Section 2. The Association shall have two classes of voting <br />memberships. <br /> <br />(a) "Resident Members" shall be all Owners with the <br />exception of the Declarant and each Owner shall be entitled <br />to one vote for each lot owned. When more than one person <br />holds an interest in any lot, all such persons shall be <br />members. The vote for such lot shall be exercised as they <br />among themselves determine, but in no event shall more than <br />one vote be cast with respect to any lot. <br /> <br />(b) "Declarant ~Iembers" shall be the Declarant and <br />their assigns, provided said assignment, grant or conveyance <br />to said assigns shall denominate said assignee as a Successor <br />Declarant as provided in the Bylaws. The Declarant Member <br />or their successors shall be entitled to three (3) votes <br />for each lot owned. The Declarant Membership shall cease <br />and be converted to Resident Membership upon the earlier <br />to occur of the following events, to-wit: (1) the total <br />votes outstanding of Resident Membership equal the total <br />votes outstanding in the Declarant Membership, or (2) <br />on December 31, 1998. <br /> <br />-2- <br />