Certain portions of the Common Area may be designated as Exclusive Common Area and reserved for the exclusive use or primary benefit of specific Owners and occupants. By way of illustration and not limitation, Exclusive Common Areas may include entry features, private driveways, recreational facilities, landscaped medians and cul-de-sacs, lakes, and other portions of the Common Area. All costs associated with maintenance, repair, replacement, and insurance of an Exclusive Common Area shall be a Common Expense allocated among the Owners to which the Exclusive Common Areas are assigned.

 

Initially, any Exclusive Common Area shall be designated as such in the deed conveying such area to the Association or on the subdivision plat relating to such Common Area; provided, any such assignment shall not preclude Declarant from later assigning use of the same Exclusive Common Area to additional Units, so long as Declarant has a right to subject additional property to this Declaration pursuant to Section 9.1.

 

Thereafter, a portion of the Common Area may be assigned as Exclusive Common Area and Exclusive Common Area may be reassigned upon approval of the Board and the vote of Members representing a majority of the total Class "A" votes in the Association, including a majority of the votes of the Owners affected by the proposed assignment or reassignment. As long as Declarant owns any property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9.1, any such assignment or reassignment shall also require Declarant's written consent.

 

Upon approval of a majority of Owners of Units to which any Exclusive Common Area is assigned, the Association may permit Owners of other Units, or other persons who are not Owners, to use all or a portion of such Exclusive Common Area upon payment of reasonable user fees, which fees shall be used to offset the Common Expenses attributable to such Exclusive Common Area.