Instrument #2022025031 #21 Book:8196 Page:4792
Lot("Representative"), which Representative shall be the only person, or party, or entity with the right to exercise any rights of membership in the Association with respect to such Lot, including, but not limited to, voting with respect to such Lot; and (ii) shall notify the Secretary ofthe Association in writing ofthe Representative's name and of any change in same as it occurs. The vote of each Representative shall be considered to represent the will of all the Owners ofthe subject Lot.In the circumstance ofsuch common or joint ownership or rights, if the Owners fail to properly designate a Representative, then the Association may accept the person, party, or entity asserting the right to vote on behalf ofthe subject Lot as the voting Owner,until notified to the contrary by the other person(s), party(ies), or entity(ies)that also make up the Owner. Upon such notification no Owner ofsaid Lot may vote until the Owner appoints its Representative pursuant to this paragraph.
ARTICLE IV
PROPERTYRIGHTSIN THE COMMON AREAS
Section 4.01. Easements. The Association and each Owner(including Declarant and Builder) shall have a non-exclusive right and easement of use and enjoyment in and to the Common Area. Said right and easement shall be appurtenant to and pass with the title to each Lot, and shall include, without limitation, the following:
(a) Right-of-way for ingress and egress by vehicles and on foot through and
across any Streets or walks in the Common Area for all lawful purposes; and
(b) Rights to connect to, maintain and make use of utility lines, wires, pipes, conduits, cable television lines, telephone lines and equipment, sewers and drainage lines, which may from time to time be in or within the vicinity ofthe Common Area, but only in accordance with all Laws and the requirements ofthe applicable Governmental Authorities or entities which regulate said utilities; and (c) Rights and easements to use and enjoy the Common Area for any purpose not inconsistent with this Declaration, the Articles, the Bylaws, any Recorded Plats, the Rules and Regulations, and applicable Laws. Section 4.02. Title to Common Area. Declarant shall convey to the Association or,ifrequired by the Local Government incidental to the establishment ofan MSTU/MSBU as described in Article IV, Section 4.08 hereof, dedicate to the Local Government for the uses and purposes set forth in this Declaration or in any Recorded Plats, fee-simple title in and to the Common Area, free and clear of all encumbrances except current real estate taxes and assessments not yet due and payable, any Recorded Plats, this Declaration and any easements or matters Recorded in the Public Records prior to such conveyances to the Association. Once conveyed to the Association, the Common Area may not be mortgaged, liened or further conveyed without the consent of at least two-thirds (2/3) of the Members (excluding Declarant). Section 4.03. Limited Common Area. Certain portions ofthe Community may be designated by Declarant in its sole and absolute discretion as Limited Common Area and reserved for the exclusive use or primary benefit ofthe Owners, occupants and invitees of certain Lots. By way of illustration and not limitation, Limited Common Areas may include entry features, recreational facilities, landscaped medians and cul-de-sacs, and lakes. Except as otherwise provided herein, all costs associated with the maintenance, repair, replacement, and insurance of Limited Common Areas shall be Limited Common Expenses to be assessed against and paid by the Owners of those Lots to which the Limited Common Area is assigned. As ofthe Effective Date,there shall be no initial Limited Common Areas.
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58771933;7
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