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CC&R ARTICLE 6: ADMINISTRATION AND USE OF COMMON AREAS AND COMMON MAINTENANCE AREAS
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Section 1- Owners' Easements of Enjoyment of Common Areas
Every Owner shall have a right of easement and enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with title (or, if applicable, with the equitable title held by a real estate contract Purchaser), to every Lot subject to the following provisions
- The right of the Declaration or the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Areas, and to establish use and operation standards for all Common Areas to be binding on all Association Members along with enforcement standards,
- The right of the Declarant (during the Development Period) or the Association (after the Development Period) to suspend an Owner's right to vote and to use any recreational facilities for any period during which assessments against his or her Lot remain unpaid and for a period, not to exceed sixty (60) days, for any, and each separate, infraction of its published rules and regulations,
- The right of the Declarant (during the Development Period) or the Association (after the Development Period) to dedicate or transfer all or any part of the Common Areas to any public agency, authority or utility for such purposes and subject to such conditions as the Declarant or Members, as applicable, may deem appropriate. During the Development Period, any such dedication or transfer of all or any part of the Commons Areas pursuant to this Section 1 may be made by the Declarant in the Declarant' s sole discretion, but must be approved by FHA/VA prior to dedication, so long as FHA/VA is providing financing in the Plat After the Development Period, no such dedication or transfer shall be effective
Section 2 - Insurance
Nothing shall be done or kept in any Common Areas which will increase the rate of insurance on the Common Areas or other Lots or Improvements without the prior written consent of the Board Nothing shall be done or kept in any Common Areas which will result in the cancellation of insurance on any part of the Common Areas or which would be in violation of any laws or ordinances.
Section 3 - Alteration of Common Areas and Common Maintenance Areas
Nothing shall be altered, or constructed in, or removed from any Common Maintenance Areas except upon prior written consent of the Committee There shall be no construction of any kind within the Common Areas except that community improvements may be constructed if two-thirds (2/3) of the members of the Association authorize (1) the construction of such improvements and (2) assessments for such improvements Also, any such improvements would be subject to the acquisition of all required permits from governmental agencies. This Section 3 shall not limit or prohibit Declarant (and no member consent shall be necessary), during the Development Period, from constructing or altering any such improvements to any Common Atlas or Common Maintenance Areas, which the Declarant in Declarant's sole discretion, deems for the benefit and enhancement of said areas and the Association in general.
Section 4 - Dumping in Common Areas and Common Maintenance Areas
No trash, construction debris or waste, plant or grass clippings or other debris of any kind, nor hazardous waste (as defined in any federal, state, or local law or regulation) shall be damped, deposited or placed on any Common Areas, or Common Maintenance Areas The Declarant, during the Development Period, and the Association, following expiration of the Development Period, shall be exempt from this Section 4.
Section 5 - Landscaping and Fencing
No permanent structures or landscaping of any hind, including fences, walls, or shrubs, may be built or placed within any right-of-way or easements, as delineated on the Plat, or on recorded instruments of title. except as deemed appropriate by the Committee This prohibition shall not apply to the landscape and fence/monument sign improvements in the Common Maintenance Areas installed by Declarant, nor shall this Section 5 prohibit the Association from installing additional improvements or landscaping within the designated Common Areas or Common Maintenance Areas, nor shall this Section 5 prohibit the installation of fences by Lot Owners on property lines as may be otherwise allowed in this Declaration, nor shall this Section 5 prohibit the installation of landscaping on private lot areas encumbered by utility easements not otherwise restricted in this Declaration as to landscaping Also, this prohibition shall not apply to landscaping of front or side yard areas of Lots extending up to the edge of the sidewalk, shoulder, or paving in the public right-of-way as further set forth in Article 13, Section 12 of this Declaration.
Section 6 - Park
The Common Area of Tract "D" which consists of the Park is owned by the Wilderness Hollow II Homeowners' Association.
The 21 lots within the Wilderness Hollow subdivision will share in the use, as well as the maintenance expense of the park and its amenities Each of the 56 lots (21 lots in Wilderness Hollow plat and 35 lots in the Wilderness Hollow II plat) will have an equal undivided right for use of the Park Once the Declarant relinquishes the Wilderness Hollow II Homeowners' Association to the homeowners, the shared use and maintenance expense of the Wilderness Hollow and Wilderness Hollow II will commence.
All decisions relating to the Park, repairs, changes, improvements, maintenance, and costs will be decided by a Park Committee which shall consist of the Board Members of both the Wilderness Hollow and Wilderness Hollow II Homeowners' Associations. The Park Committee will represent the owners for all 56 lots and will determine how and when payment of Park Dues by the homeowners of the Wilderness Hollow plat will be performed. The Dues for the Wilderness Hollow II Homeowners' Association includes their portion of the Park maintenance fees which is estimated at $71 per home per year. The same fee is to be established for and paid by the Wilderness Hollow homeowners. The Park Committee is responsible to adopt a set of Park rules and hours of operation. A separate account shall be opened for the Park maintenance dues and management of the Park After the first two years of operation, the Park Committee shall reevaluate the park fees to determine if they should be adjusted to better meet the needs of the park.
Any damages to the Park of improvements thereon, including landscaping plantings, fences, sport court, tot lot, etc., by the Owners or their children shall be repaired within one (1) week by the Owners who (or whose children) caused the damages If the damage cannot reasonably be repaired within one week, the time for the Owner to repair the Property shall be extended to the time reasonably required to repair the property (as determined by the Park Committee), provided that the Owner promptly begins, and diligently pursues the repair of the damage If such repairs are not made timely, the Park Committee shall execute the repair and the Owner will be obligated to immediately pay the Park Committee or its designee for the repair If the Owner fails to promptly make payment for such repairs, the Owner will be charged interest at the rate of 12 percent (12%) per annum on the payment due, the payment shall be a personal liability of the Owner, and the amount of the payment shall be a lien on the Owner's lot.
In such case that the Wilderness Hollow Homeowners' Association fails to pay Park fees to the Wilderness Hollow II Homeowners' Association, this joint use and maintenance statement will be null and void In this case, the homeowners of Wilderness Hollow will relinquish all rights to access and use of the Park and its amenities Required payment due dates, penalties, and possible extensions will be determined by the Park Committee.
Section 7 - Well in Tract "D"
Centrally located in Tract "D" (Park) is a private water well owned by the Diamond Water Association This well serves up to four homes directly east of the Park (across SR-169) The Developer has provided chain link fencing and a lockable gate, which surrounds the wellhead, pump house, and cistern.
The on-site well and wellhead protection area shall be protected in accordance with the recorded covenants, Water Use Agreement, and Easement (Recording No 82072104464) Consideration of the existing private water system, including the wellhead, pump house, cistern, chain link fence and gate, and the service pipelines within pipeline easements should be taken into account prior to any digging or other improvements in the Park area.
The 100-foot radius surrounding the well is in a Wellhead Protection Area in which the use of pesticides, fertilizers, and herbicides are prohibited.
At such time that the use of the well is abandoned by all current users with legal rights to the water, all use restrictions stated above shall become null and void.
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