Article IV - Common Property Rights
Section 1. Members’ Easements. Subject to the provisions of Section 3, every Member shall have the following rights and easements in and to The Common Properties, and such easement shall be appurtenant to and shall pass with the title to every lot:
1. The right to connect to the community water system and draw water from the system for domestic use.
2. The right and easement of enjoyment in and to the recreational facilities, if any, located on the common properties.
Section 2. Title to Common Properties. The Developer may retain the legal title to The Common Properties until such time as it has completed improvements thereon, and until such time as, in the opinion of the Developer, the Association is able to maintain the same, but notwithstanding any provision herein, the Developer herby covenants, for itself, its successors and assigns that it shall convey The Common Properties to the Association, not later than December 31, 1982. Developer covenants that all improvements to The Common Properties shall be completed no later than said date of conveyance. The Developer shall have a right over and through said Common Properties and the right to store materials and equipment thereon until the Developer has completed construction of all houses on The Properties.
Section 3. Extent of Members’ Easements. The rights and easements of enjoyment set forth in Section 1. shall be subject to the following provisions:
1. The right of the Association to levy assessments as provided in Article V below.
2. The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Properties.
3. The right of the Association to suspend the right to use of the recreational facilities and the right to draw water from the community water system of any Member for any period during which any assessment against said Member remains unpaid. Said suspension shall terminate immediately, however, upon the Member paying said assessment and costs of collection, if any.
4. The right of the Association to suspend the right to use the recreational facilities of any member for a period not to exceed thirty (30) days for any infraction of its published rules and regulations.
5. The right of the Association to fine any member up to and including $100.00 per day for each day or fraction thereof for any infraction of its published rules and regulations limiting or banning outside watering, and the right of the Association to suspend the right to draw water from the Community Water System to any member for any period during which any fine against said member remains unpaid after three (3) days written notice of the fine. Said suspension shall terminate immediately, however, upon the member paying said fine.
6. Any fine, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such fine is made. Each such fine, together and with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property at the time when the fine fell due, his legal representatives heirs, successors and assigns.
Any fine not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property in the manner provided by statute for the foreclosure of power of sale mortgages and there shall be added to the amount of such fine, the cost of processing such action, or foreclosing said lien, including reasonable attorney’s fees, and said interest.
The lien of the fine provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not affect the fine lien. However, the sale or transfer of any lot pursuant to the foreclosure of a first mortgage shall extinguish the lien of such fine as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any fines thereafter becoming due or from the lien thereof.