ARTICLE V
PROPERTY RIGHTS
Section 1. Members' Easements of Enjoyment: Every member shall have a right and easement of enjoyment in and to the Common Area and such easement shall be appurtenant to and should pass with the title to every assessed Lot or Unit subject to the following provisions:
- The right of the Association to limit the number of guests of members;
- The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area; provided that this provision shall not be in derogation of or contrary to commensurate provisions in the Articles and By-Laws of the Association;
- The right of the Association, in accordance with Its Articles and By-Laws, to borrow money for the purpose of improving the Common Area and facilities and in aid thereof to mortgage said property, and the rights of such mortgages in said properties shall be subordinate to the rights of the homeowners hereunder;
- The right of the Association to suspend the voting rights and right to use of the recreational facilities by a member for any period during which any assessment against his Lot or Unit remains unpaid; and for a period, not to exceed ninety (90) days for any Infraction of its published rules and regulations;
- The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by members entitled to cast two-thirds (2/3) of the votes of the membership has been recorded, agreeing to such dedication or transfer, and unless 'written notice of the proposed action is sent to every member not less than 30 days nor more than 60 days in advance of the meeting; and
- The right of the individual owners to the exclusive use of parking spaces as provided in this Article.
Section 2. Delegation of Use: Any member may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.
Section 3. Title to the Common Area: The Declarant hereby covenants for itself, its heirs and assigns, that it will convey fee simple title to the Common Area to the Association, free and clear of all encumbrances and liens, prior to the conveyance of the first Lot.
Section 4. Parking Rights: Ownership of each Lot or Unit shall entitle the owner or owners thereof to the use of not more than two automobile parking spaces, which shall be as near and convenient to said Lot or Unit as reasonably possible; together with the right of ingress and egress in and upon said parking areas. The Association shall permanently assign two vehicular parking spaces for each dwelling.
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