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these Articles, the By-Laws and the Declaration and all powers reas(:>nably necessary to carry out the responsibilities and duties conferred upon it by these Articles~ the By-Laws and the Declaration, as amended and supplemented from time to time, including but not limited to, the power to levy and collect adequate assessments against men1bers of the Association for the costs ofmaintenance and operation of the surface water and s-torm water management system and Conservation Easement Areas.. Such assessments shall be used for maintenanc~ ·-~ -~- and repair of the surface water and storm water management s.; .. stems and Conservation structures and drainage easements. ·
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The Association shall have the following duties:
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TheAssociation shallhave all common law and statutory <iuties cfa corporation not for profit._ In Addition the Association shall have all responsibilities and duties delegated to it pursuant to the provisions of these Articles., the By-Laws and the Declaration, including but not limited to operating, maintaining and managing the surface water and sto1m water management system and Conservation Ei1SCment Areas in a manner consistent with the St Johns River Water Managernent District Permit requirements and applicable District Rules and City of New Smyrna Beach requirements and applicable City roles, regulations and ordinances; and further shaJI assist in the enforcement ofthe restrictions and covenants contains in the Declaration relating to said system. ARTl!;I ,E V.t MEMBERS HI ft ..
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Every person or entity who is or becomes a record owner of an}~ "Lot or Dwelling Unit" in the "'Property"" or is otherwise considered an"Owner'', as those terms are defmed in the Declaration~ shall be a '"Member~' of the Association. Declarant shall also be a Member of the .Association as long as it owns a Lot or bwelling Unit in the Property. Membership is solely for those having a fee simple ownership interest and is not intended to and shall not include imy persons or entities who hold an interest in real property merely as security for the performance of an obligation. All memberships in the Association shall be automatic and mandatory and sliall tem1inate automatically when a Member becomes divested of a fee simple ownership in a Lot or Dwelling Unit in the Property. When a corporation or partnership is the owner ofa Lot or Dwc,Iling Unit, the membership privilege shall be exercised by only one (1) individual being the one designated by the entity to cast its vote as hereinafter provided. When more then one person holds an interest in a Lot or Dwelling U~ each person shall be a Member, even though each person does not acquire a separate right to
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