Eagle Crest HOA ByLaws

Instrument #2022025031 #67 Book:8196 Page:4838

activities directed, conducted, maintained or supported by the Declarant or Association from time to time in order to limit or control access to the Property in general and any Retaining Walls in particular.

Section 19.04. Wet and Dry Retention Areas. Neither the Declarant nor the Association make any representation concerning the current or future water levels in any ofthe wet or dry retention areas within the Community; provided, further, neither the Declarant nor the Association bear any responsibility to attempt to adjust or modify the water levels since such levels are subject to seasonal groundwater and rainfall fluctuations that are beyond the control ofthe Declarant and the Association. By acceptance of a deed to a Dwelling or Lot, each Owner acknowledges that the water levels of all wet or dry retention areas may vary. There is no guarantee by Declarant or the Association that any Lot will have or maintain a view of any wet or dry detention are or that water levels will be constant or aesthetically pleasing at any particular time; at times, water levels may be nonexistent. Declarant and the Association shall not be obligated to erect fences, gates, or walls around or adjacent to any wet or dry retention areas within the Community.

Section 19.05. General.

(a) The Association may create an official social media page, forum or website. If created by the Association, such social media pages shall be for Owners only, not for public participation by non-Owners,and such page(s)may be used as a communication instrument by and for the Association. The Association shall have the right to impose conditions or standards in connection with the use ofany social media page(s) and by participating on such social media page(s), each Owner acknowledges and agrees that it shall comply with such conditions and standards. By acceptance of a deed to a Lot, each Owner who actively participates on such social media page(s) agrees to the following conditions and standards:(i)Owners shall not engage in any immoral,improper, offensive, unlawful or obnoxious use or posts,(ii) all posts and comments by Owners must generally be positive and respectful and shall in no way be malicious or disparaging to, any person or business, including, without limitation, the Association, the Declarant or any other Owner(s),and (iii) Owners shall not use such social media page(s)to report or discuss any violations ofthe Governing Documents,any property or Home issues, or any other issues or problems with the Association, the Declarant, the ACC or the Association, and such Owner shall report all such issues directly to the Association and/or Declarant (as applicable) rather than reporting or discussing such issues on any social media page(s). Each Owner acknowledges and agrees that neither the Declarant nor any Manager is responsible for monitoring any social media page(s). IF AN OWNER WITNESSES A FIRE,ACCIDENT,THEFT OR OTHER SERIOUS EVENT,SUCH OWNER SHALL CALL 911 AND NOTIFY THE ASSOCIATION BEFORE POSTING ON ANY SOCIAL MEDIA PAGE. (b) Notwithstanding anything to the contrary or otherwise contained in the Governing Documents, neither the Association,the Board,nor Declarant shall be liable or responsible for, or in any manner considered or deemed a guarantor or insurer of, the health, safety or welfare of any Owner, occupant or user of any portion ofthe Property including, without limitation, residents and their families, agents, employees, contractors, subcontractors, licensees, tenants, subtenants, occupants, guests or invitees, or for any property ofany such persons. Without limiting the generality ofthe foregoing: it is the express intent of the Governing Documents that the various provisions thereof which are enforceable by the Association or Declarant or which govern the uses of the Property, have been written, and are to be interpreted and enforced, for the sole purpose ofenhancing and maintaining the enjoyment ofthe Property and the value thereof; i.

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