Agenda - 08-27-2012 - C1 - Laserfiche WebLink

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• D. Declarant's Property. Declarant's property shall refer to any lots in Tract One as described in Exhibit A,as to which Declarant still holds legal title. ARTICLE VI PROPERTY RIGHTS IN THE COMMON AREAS A. Extent of Member's Easements. Except as provided in Paragraph D below, Members,their families and guests, are hereby granted a blanket easement to use and enjoy the Common Areas, if any, for recreational, social and other purposes directly related to private single- family residential uses authorized herein,subject to the following: I. The Association shall have the right to promulgate and publish rules and regulations (the "Rules") with which each Member, their families and guests, shall strictly comply. 2. The Common Areas, if any, shall not be used for other than intended purpose(s) • specified on the recorded plats of the Subdivision, if any. For example, there shall be no activity allowed on the Off Lot Septic Area which could potentially harm any of the septic systems in the Off Lot Septic Area. 3. The Declarant and the Association, in accordance with the Articles of Incorporation of the Association and the By-Laws of the Association,shall have the right to borrow money for the purpose of improving, renovating, repairing and reconstructing the Common Areas-with the written consent of the Class B Member(for so Iong as the Class B Member shall own any "Declarant's Property"), together with the written consent of sixty-seven percent(67%)of the Class A Members entitled to vote. Such vote shall be in person or by proxy on such matter at a meeting of the Members called for such purpose, written notice of which shall be given to all Members at least thirty(30)days in advance and shall set forth the purpose of the meeting,to wit: to mortgage all or any part of said Common Areas as security for such loans. B. Personal Property for Common use. The Association may acquire and hold in the name of the Association for the use and benefit of all Members, tangible and intangible, real or personal property,and may dispose of the same by sale or otherwise. C. Maintenance and Upkeep of Common Areas and Personal Property and Compliance with County/State Ordinances. I. The Association shall be responsible for the continued maintenance, upkeep and repair of any and all Open Space and Common Areas and all personal property owned by the Association for common use by the Members and shall be responsible for any and all costs and expenses associated therewith,except as modified,herein. 2. The Association shall comply with any and all Durham County and/or State of North Carolina subdivision ordinances regarding the maintenance, use, upkeep and repair of the Common Areas, including but not limited to, any special "Watershed Zoning Restrictions". Undeveloped Common Areas shall be retained in a vegetative or natural state in accordance with such ordinances and or zoning restrictions. For purposes of this subparagraph,the term Common Areas shall mean and refer to any "OPEN SPACE 1, 2, and 3", "SIGN AND LANDSCAPE EASEMENTS" and "SEPTIC AREAS & ACCESS (not on individual lots)" as shown and depicted on any plat and/or map of the KEENELAND MANOR SUBDIVISION now or hereafter recorded in the Office of the Register of Deeds of Durham County, North Carolina. D. Lot 21 Rights. The Owners of Lot 2I shall have no right to use any of the Common Areas without the written approval of the Declarant. 9