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<br /> and each Owner's family members, tenants, guests and invitees to access and use the Common Elements
<br /> shall also be subject to each of the following:
<br /> (a) The right of Declarant during the Period of Declarant Control and,thereafter,the
<br /> Board of Directors, to promulgate and enforce reasonable Rules and Regulations governing the use of the
<br /> Common Elements to ensure the availability of the Common Elements to all Owners and their respective
<br /> family members, tenants, guests and invitees and the safety of all Owners and their respective family
<br /> members,tenants,guests and invitees using the Common Elements.
<br /> (b) The right Declarant during the Period of Declarant Control and, thereafter, the
<br /> Board of Directors, to suspend (i) the right of any Owner and such Owner's family members, tenants,
<br /> guests and invitees to use the Common Elements(exclusive of any Street)for any period during which such
<br /> Owner has failed to pay any Assessment, and (ii) the right of any Owner and such Owner's family
<br /> members, tenants, guests and invitees to use the Common Elements (exclusive of any Street) for a period
<br /> not to exceed sixty (60) days as a consequence of such Owner's infraction of any other provision of this
<br /> Declaration or the Rules and Regulations.
<br /> (c) The right of Declarant during the Period of Declarant Control and, thereafter,the
<br /> Board of Directors, to suspend the right of any Owner or such Owner's family members,tenants, guests and
<br /> invitees to use the Common Elements (exclusive of any Street) in the event such Owner or any of such
<br /> Owner's family members,tenants, guests and/or invitees shall have used any Common Elements in violation
<br /> of the provisions of this Declaration or the Rules and Regulations or in any manner which Declarant during
<br /> the Period of Declarant Control or,thereafter,the Board of Directors, shall,in its sole discretion,determine to
<br /> be negligent or unsafe or to constitute an unreasonable nuisance.
<br /> (d) The right of Declarant during the Period of Declarant Control and,thereafter,the
<br /> Association,to dedicate or transfer all or any part of the Common Elements to any public agency,authority
<br /> or utility for such purposes and subject to such conditions as may be agreed to by the Members;provided,
<br /> however, that subsequent to the Period of Declarant Control, no such dedication or transfer shall be
<br /> effective unless approved by the affirmative vote or written agreement of Members eligible to cast not less
<br /> than sixty-seven percent(67%)of all votes in the Association. This paragraph shall not,however,preclude
<br /> the Association, subsequent to the Period of Declarant Control, by action of the Board of Directors, from
<br /> granting 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,without the
<br /> assent of the Members,as the Board of Directors,in its sole discretion,shall deem necessary.
<br /> (e) The right of Declarant during the Period of Declarant Control and,thereafter,the
<br /> Association,to grant utility,drainage and/or other easements over the Common Elements.
<br /> (f) The right of Declarant during the Period of Declarant Control and,thereafter,the
<br /> Board of Directors, to limit the use of the Common Elements to the Owners and their respective family
<br /> members,tenants,guests and invitees.
<br /> (g) The right of Declarant during the Period of Declarant Control to reconfigure,
<br /> expand,add,reduce or eliminate any Common Elements.
<br /> Section 4.03 Maintenance of Common Elements. The Association shall at all times keep and
<br /> maintain the Common Elements,including any Building,Entry Feature and/or other Improvement thereon,in
<br /> a neat, clean, attractive and operable condition so as to (a) render and maintain the Common Elements and
<br /> each Building and Improvement thereon, if any, in an accessible and safe condition consistent with the
<br /> intended use(s) and purpose(s) thereof as set forth in this Declaration; and (b) enhance and maintain the
<br /> attractiveness, desirability and value of the Community. Such maintenance shall include,without limitation,
<br /> the repair, maintenance and upkeep of the Common Elements, including any Building, Entry Feature and/or
<br /> other Improvement thereon; snow, debris and trash removal; mowing and trimming of grassed areas; the
<br /> removal of deadfall, debris and obstructions from rivers, streams and ponds located on any Common
<br /> Elements; the maintenance of water quality in any pond located on any Common Elements, including
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