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I <br />I <br />I <br />I <br />I <br /> <br />I <br />I <br />1 <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />right and easement of enJo)muent in and to th~ Comm<m Propert. y which shall be <br />appurtenant to ~nd shall pass with the title k ever-/ unit. <br /> <br /> Section 2, O~mers Rights to {n~Peee lsd Epss end Support.' Each Hember <br />shell have the right to in{{i'esa and aEress o~er, upon and across the C~mon Fro- <br />party necessa~ for access to hi~ unit and ~uch right~ shall be appurtenant to <br />and pass with the title to each unit. <br /> <br /> ~ection 3, Extent of Members Basements: The rights and easement created <br />hereby to the Co~mon Froperty shall be subject to the fo~lowin~; except as further <br />provided herein: <br /> <br /> A. The right or the Aesocimtion, in accordance with its Articles <br /> end By-Laws, to borrow money for the purpose of tmprovin~ the <br /> Co~mon ~operty, and in mid thereof to mortgage si,id C~mon <br /> party; hmdever, the rights or mUCh mortEa~ee in said property <br /> shall be eubordluste to the rlghtl or the 1daubers hereunder, <br /> <br /> B. The ri{iht 'of the Association to t~ke much steps IS ars reasonably <br /> necessary to protect the Common Froperty against foreclusu~e. <br /> <br /> C. The right of the Associstio~, it' p~ovided in its Articles or <br /> By-Laws, {i} to suspend the rights and privileges of any HembeF <br /> {including the right to vets), during the period when any assess- <br /> ment made against the Member's unit remains unpaid and (ii) if the <br /> Association has adopted and published ~utes and regulations gov- <br /> erning the use of the Com~n Property and facilities end the per- <br /> sons! conduct of any person the~eon'to suspend the rightl end <br /> privileges of any Hember (including the eight to vote) for violation <br /> of such ~ules and regulltlons for a period not to exceed 60 days <br /> and to impose · fine not to exceed Ten Dollars (~lO.O0) for each <br /> infraction and each day during which such infraction e~lete being <br /> deemed i separate and distinct infrectio~; p~ovtded, however~ that <br /> nothing conLained in this paragraph 3C shell be deemed to deny an <br /> Owner access to and fro~ hie un/t. <br /> <br /> D. The right of the Association to impose a ~easonabte use charge <br /> or fee for the use of facilities situated upon the Coupon F~oper~y. <br /> <br /> E. The right of the AssOciation to ~ant easements for public <br /> .utility purposes to any municipality or public utility for the <br /> pose of installation and maintenance of utilities necessary to <br /> serve the Co~on Froperty or any unit in or any r~al estate which is <br /> a part o£ the Development ~rea; provided, however, that said ease- <br /> ments shell not interfere with the purpose for which the Cow.on <br /> party is being used. <br /> <br />· . F. The right of the ~esocietiou to dedicate or transfer ell or any <br /> part of the Com~uon F~operty to any public agency, authority or <br /> utility for such purposes and subject to such conditions se may be <br /> e8reed to by the ~,' ~,:rs, p~ovided thet no much dedication or trans- <br /> fer, determination ss to the purposes o~ as to the conditions <br /> thereof shall be effective unless such instrument has first been <br /> approved by 75% or more of the Hashers {excluding Declarant) voting <br /> as p~ovided in the Articles o£ Incorpo~ation and 75S or mor~ of the <br /> First mortpseee of record covering the unit (based upon one vote <br /> For each First mortgage owned}. <br /> <br /> O. Right of Declarant to the exclusive use of · unit or structure <br /> situated on the Comuon F~operty as & sales end construction office <br /> until the happening of one of the following events, whichever first <br /> occurs o <br /> <br /> <br />