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<br /> the Rules and Regulations or in any manner which Declarant during the Period of Declarant Control
<br /> or, thereafter, the Board of Directors, shall, in its sole discretion, determine to be negligent or
<br /> unsafe or to constitute an unreasonable nuisance.
<br /> (d) The right of Declarant during the Period of Declarant Control and,
<br /> thereafter, the Association,to dedicate or transfer all or any part of the Common Elements to any
<br /> public agency, authority or utility for such purposes and subject to such conditions as may be
<br /> agreed to by the Members; provided, however, that subsequent to the Period of Declarant
<br /> Control, no such dedication or transfer shall be effective unless approved by the affirmative vote
<br /> or written agreement of Members eligible to cast not less than sixty-seven percent (67%) of all
<br /> votes in the Association. This paragraph shall not, however, preclude the Association,
<br /> subsequent to the Period of Declarant Control, by action of the Board of Directors, from granting
<br /> such easements for the installation and maintenance of electrical, telephone, cablevision, water
<br /> and sewerage utilities and drainage facilities on, over, under and across any Common Elements,
<br /> without the assent of the Members, as the Board of Directors, in its sole discretion, shall deem
<br /> necessary.
<br /> (e) The right of Declarant during the Period of Declarant Control and,
<br /> thereafter, the Association, to grant utility, drainage and/or other easements over the Common
<br /> Elements.
<br /> (f) The right of Declarant during the Period of Declarant Control and,
<br /> thereafter, the Board of Directors, to limit the use of the Common Elements and/or Trails to the
<br /> Owners and their respective family members,tenants,guests and invitees.
<br /> (g) The right of Declarant during the Period of Declarant Control to
<br /> reconfigure, expand, add,reduce or eliminate any Common Elements and/or Trails.
<br /> Section 4.03 Maintenance of Common Elements and Trails. The Association shall
<br /> at all times keep and maintain the Common Elements, including any Building, Entry Feature and/or
<br /> other Improvement thereon, and each Trail in a neat, clean, attractive and operable condition so as
<br /> to (a) render and maintain the Common Elements and each Building and Improvement thereon, if
<br /> any, and each Trail in an accessible and safe condition consistent with the intended use(s) and
<br /> purpose(s) thereof as set forth in this Declaration; and(b) enhance and maintain the attractiveness,
<br /> desirability and value of the Community. Such maintenance shall include, without limitation, the
<br /> repair, maintenance and upkeep of the Common Elements, including any Building, Entry Feature
<br /> and/or other Improvement thereon, and each Trail; snow, debris and trash removal; mowing and
<br /> trimming of grassed areas;the removal of deadfall, debris and obstructions from rivers,streams and
<br /> ponds located on any Common Elements or Trail; the maintenance of water quality in any pond
<br /> located on any Common Elements; and the control of silt and erosion from or on any Common
<br /> Elements or Trail.
<br /> ARTICLE V
<br /> RESTRICTIVE COVENANTS
<br /> Section 5.01 Rules and Regulations. Declarant during the Period of Declarant
<br /> Control and, thereafter, the Board of Directors, shall have the power to formulate, amend,
<br /> publish and enforce reasonable rules and regulations concerning the use, enjoyment and/or
<br /> occupancy of the Lots and Common Elements to the extent not inconsistent with the provisions
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