Article XI – Lake and Water Rights
Section 1 – Ownership of Lakes. The Declarant shall construct or cause to be constructed certain lakes or retention ponds (“lakes”) forming part of an overall drainage system for the Property. The bottom of any such lakes subjected to this Declaration may be conveyed to an individual Owner, the Association or a Subdivision Association, who shall be the “owner” of the lake for the purposes set forth in this Declaration; provided however, the waters of such lakes shall be controlled by the Association. In the event that the lakes are not owned by the Association, the Association is hereby granted an easement to the extent necessary for the purpose of ingress and egress to maintain the lakes as required.
Section 2 – Maintenance of Lake Embankments and Lake Bottoms. Irrespective of the ownership of the lakes, the Association shall maintain and control the water level and quality of the lakes and shall have the power and right as it deems appropriate to control and eradicate plants, fowl, reptiles, animals, fish and fungi in and on any lakes within the Property, as well as to maintain any drainage device and water level and/or devices so as to insure compliance with applicable governmental regulations as they exist from time to time. The owner of the bottom of any lakes shall maintain the embankment above the water line. Such maintenance shall be conducted so that the grass, planting or other natural support of the embankment shall be maintained in a clean and safe manner and so as to prevent erosion. If the Owner of the bottom of any lakes shall fail to maintain the embankment the Association shall have the right, but not the obligation, to enter onto the Owner’s property and perform the maintenance at the expense of the Owner which expense shall be a special assessment against the Owner and his Lot as provided in Article IV Section 16.
Section 3 – Improvements on Lake. In the event that Declarant, an entity designated by the Declarant, or the Association shall construct any bridges, docks or other improvements which may extend over or into lakes or construct any bulkheads or similar improvements to support or enhance the lakes, the Association shall maintain any and all improvements in good repair and condition. No Owner except the Declarant, its designee or the Association, shall be permitted to construct any improvement, permanent or temporary, on, over, under, or adjacent to any lakes without the written consent of the RACC, which consent may be withheld for any reason.
Section 4 – Easement. All Owners shall have a perpetual non-exclusive easement for enjoyment and use of the lake surface waters together with an easement for ingress and egress at the locations so designated by the Association. The Owners’ use and access to the lakes shall be subject to and limited by the rules and regulations of the Association. The use of lakes shall be limited to fishing, boating, and/or recreational use. The Association shall have a non-exclusive easement for ingress and egress over the lakes for the purpose of providing the maintenance required herein.
Section 5 – Use Restrictions and Covenants. In connection with the use of any lakes the following use restrictions and covenants shall apply:
(a) No motorized or power boats shall be permitted on any lakes with the exception of boats used for maintenance thereof.
(b) No bottles, trash, cans or garbage of any kind or description shall be placed in any lakes.
(c) No activity shall be permitted on any lakes which may become an annoyance or nuisance to the adjacent property and the Owners thereof. The Association’s determination whether any activity constitutes an annoyance or nuisance shall be dispositive.
(d) No person or entity, except Declarant or the Association, shall have the right to pump or otherwise remove any water from any lakes for the purpose of irrigation or other use.
(e) Any lakes within the Property shall not be used in conjunction with any business enterprise or public use whatsoever.
(f) There shall be no fishing permitted from bridges, streets or rights of way. Only Owners shall be permitted to fish in the lakes and only in areas so designated.
(g) No swimming shall be permitted in any lake.
(h) The Board of Directors shall be entitled to establish, amend, or modify rules and regulations governing the use of the lakes as the Board deems necessary or convenient.