ARTICLE III Common Areas
Section 3.1 The Common Areas consists of the following: The beach, dock, boat launch and the forested Eagle Point (Tract A), the Lodge (Tract B), open space area (Tract C), the gated entry (Tract D), the community drain fields (Tract E), recreational vehicle parking area (Tract F), roadways (Tract G), streetlights and sidewalks, easements for the storm water system, landscaping and related improvements and the perimeter of the plat (excepting the waterfront other than Tract A waterfront).
Section 3.2 Owners' Easements of Enjoyment. Each Owner has a right and a nonexclusive easement of enjoyment in and to the Common Areas and for ingress and egress over and through the Common Areas and such easement is appurtenant to and shall pass with the title to every Lot, subject to the following provisions.
- The right of the Association to adopt reasonable rules governing the use of the Common Areas and the personal conduct of persons authorized to use said areas, and to establish appropriate penalties for the violation of those rules.
- The right of the Association to dedicate or transfer by deed or easement all or any part of the Common Areas to any public agency, authority, or utility. No such dedication or transfer shall be effective without the approval of two-thirds (2/3) of the Members
Section 3.3 Delegation of Use. Any Owner may delegate his/her right of enjoyment to the Common Areas and facilities to the members of his/her family, tenants, or guests, subject to the limitations set forth herein.
Section 3.4 Association to Maintain. The Association shall maintain, repair, replace, and improve the Common Areas and the other improvements described in Section 7.1, as appropriate for a first-class residential community, and shall pay the actual cost of the same from annual or special assessments as appropriate.
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