Article II – Property Rights
Section 1 – Owners Easements of Enjoyment. Subject to the provisions of the Declaration, the rules and regulations of the Association, and any prior use rights granted in the Common Property, all Owner(s) and their families and every guest, tenant and invitee of such Owner(s) shall have a right and easement of ingress and egress and enjoyment in and to Common Property which shall be appurtenant to and shall pass with the title to every Unit, subject to the following provisions:
(a) The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Property;
(b) The right of the Association to suspend the voting rights of the Owner and right of the Owner or such Owner’s tenants to use the recreational facilities located on the Common Property for any period during which any Assessment against such Owner’s Unit remains unpaid; and for a period, not to exceed 60 days, for any infraction of its published rules and regulations. In no event may the Association deny an Owner the use of the entrance areas or private roads or cul-de-sacs, if any, so as to prohibit ingress and egress to his Unit.
(c) The right of the Board of Directors, without further consent from Owners or any Holders, except for Citicorp Real Estate, Inc., to dedicate, transfer or grant an easement over all or any part of the Common Property to any public agency, authority or utility company for the purpose of providing utility or cable television service to the Property or for the purposes of a right of way or other purpose generally serving the Property and the Owners.
(d) The right of the Association to sell, convey or transfer the Common Property or any portion thereof to any third party other than those described in subsection (c) for such purposes and subject to such conditions as may be approved by a majority vote of each class of Members;
(e) The right of the Board of Directors to adopt reasonable rules and regulations pertaining to the use of the Common Property.
(f) The right of the Declarant or the Association to authorize other persons to enter upon or use the Common Property for uses not inconsistent with the Owners’ rights therein.
Section 2 – Delegation of Use. Any Owner may delegate, in accordance with Bylaws, his right of enjoyment to the Common Property to the members of his immediate family. In the event that the Owner leases his Unit in accordance with the provisions hereof, such tenant and his immediate family shall have the right to use of the Common Property in the place of the Owner.
Section 3 – Buffer Easements. Certain Lots will be subject to an easement for berming, landscaping and buffering the Lots from the roadways. Such Buffer Easements may be described in the applicable Subdivision Declarations, in the plat of a Subdivision or created or reserved by Declarant by separate instrument. The use of such Buffer Easements shall be strictly prohibited unless the Declarant or Association specifically grants to the Owners or the Association an easement thereupon for specified purposes.
The Buffer Easements shall be maintained by the Association at its sole cost and expense. The Association shall also obtain and maintain public liability insurance to cover any injuries or damage which may occur on the Buffer Easements which insure the Owner(s) of the Lot subject to the Buffer Easement as well as the Association. in the event that an Owner’s Lot is subject to the Buffer Easement, such Owner’s use of the portion of the Lot subject to the Buffer Easement shall be restricted as provided herein or in the applicable instrument creating the easement.