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wetlands limit lines established jointly by the Developer and the District and shall be prohibited within Conservation Easements designated on plats, even if such Conservation Easements overlap Lots or Common Areas; except, however, construction may occur in these areas to the extent specifically authorized by applicable pennits issued by the District or the City of New Smyrna Beach. The district and the City of New Smyrna Beach may enforce the restrictions contained in this Section and this Section may not be amended without prior approval of the District and the City ofNew Smyrna Beach. The Owners Association is hereby granted a perpetual easement upon all Common Areas and all Lots for the purpose of going upon said properties to fix, repair, alleviate or change any condition adversely affecting the stonnwater management systems, discharge facilities, Drainage Areas, or Conservation Easement Areas. In exercising this right, the Owners Association shall act reasonably so as to cause the least in convenience or difficulty to the owner or owners of said properties.
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ARTICLE VIII COVENANTS AGAINST PARTITION AND SEPARATE TRANSFER OF COMMON AREAS
It is recognized that the full use and enjoyment of any Lot or Dwelling Unit within the Venetian Bay Community is dependant upon the use, enjoyment, maintenance, protection and preservation of certain Common Areas Drainage Areas, Conservation Easement Areas and the improvements made thereto, and that it is in the interests of all Lot and Dwelling Unit Owners that tl1e ownership of the Common Areas, Drainage Areas and Conservation Easements Areas be retained by the Associations as provided in this Declaration. Accordingly, no Lot or Dwelling Unit owner shall have the right to transfer the Lot or Dwelling Unit owner's interest in the Associations other than as an appurtenance to and in the same transaction with a transfer of title to the Lot or Dwelling Unit, and the Associations shall have no right to transfer title to arty part of the Common Areas, Drainage Areas or Conservation Easement Areas without Developer's prior written consent. Nothing in this Article VII, however, shall: (a) preclude a conveyance by the Developer, its successors or assigns of any undivided interest in the Common Areas, Drainage Areas or Conservation Easement Areas to the Associations for the purpose of effectuating the purposes of tlus Declaration; or (b) preclude a conveyance by the Developer, its successors or assigns of any utility easements across, under, above or upon the Common Areas, Drainage Areas or Conservation 23
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