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4.5.23 PB Packet - Final
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4.5.23 PB Packet - Final
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4/5/2023
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4.5.23 PB Minutes
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102 <br /> Section 3. Delegation of Use <br /> . Any Owner may delegate,in accordance with the Bylaws,his or her right of enjoyment to the <br /> Common Areas and facilities located thereon to the members of his or her family,his or her guests, <br /> invitees,or his or her tenants. <br /> Section 4. Bodies of Water <br /> . By acceptance of a deed to a Lot,each Owner acknowledges that the water levels of all water <br /> bodies within the Property may vary. There is no guarantee by the Declarant or the Association <br /> that water levels will be constant or aesthetically pleasing at any particular time. In fact,water <br /> levels may be non-existent from time to time. <br /> Article IV <br /> THE ASSOCIATION <br /> Section 1. Membership <br /> . Every Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant <br /> to and may not be separated from ownership of any Lot,and shall be governed by the Bylaws. In <br /> addition,as long as Declarant owns any part of the Property,Declarant shall be a Member of the <br /> Association. <br /> Section 2. Classes of Voting Members <br /> . The Association shall have two(2)classes of voting membership: <br /> (a) Class I. The Class I Association Members shall be all Association Members with the <br /> exception of Declarant. Class I Association Members shall be entitled to one(1)vote for each Lot <br /> owned by such Association Member. When more than one Person owns an interest(other than a <br /> leasehold or security interest)in any Lot,all such Persons shall be Members and the voting rights <br /> appurtenant to said Lot shall be exercised as they,among themselves,determine,but in no event <br /> shall more than one(1)vote be cast with respect to any Lot. <br /> (b) Class II. The Class II Association Member shall be Declarant. The Class II Association <br /> Member shall be entitled to ten(10)votes for each Lot owned by Declarant. <br /> Section 3. Declarant Control Period;Relinquishment of Control <br /> . Notwithstanding any other provision of this Declaration or the Bylaws,until the expiration of <br /> the Declarant Control Period, Declarant may, in its discretion, appoint and remove all of the <br /> directors and officers of the Association. Notwithstanding anything contained herein to the <br /> contrary,the Declarant Control Period shall expire and the Class II Association Membership shall <br /> cease and be converted to Class I Association Membership upon the earliest to occur of(a)the <br /> date on which a Certificate of Occupancy has been issued for a residence on every recorded Lot <br /> in Eden View Acres,or(b)the date Declarant shall elect,in its sole discretion,that the Class II <br /> 9 <br />
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