II. Property Rights

2.1. Common Area

Every Owner shall have a right and nonexclusive easement of use, access, and enjoyment in and to the Common Area, including the Community Recreational facilities, which is appurtenant to and shall pass with the title to each Unit, subject to:

  1. This Declaration and any other applicable covenants;

  2. Any restrictions or limitations contained in any deed conveying such property to the Association;

  3. The right of the Board and the membership to adopt rules regulating the use and enjoyment of the Common Area;

  4. The Board’s right to suspend the right of an Owner to use recreational facilities: (i) for any period during which any charge against such Owner’s Unit remains delinquent, and (ii) for a period not to exceed thirty (30) days for a single violation or for a longer period in the case of any continuing violation, of the Governing Documents;

  5. The right of the Association, acting through the Board, to dedicate or transfer all or any part of the Common Area subject to the requirements set forth herein;

  6. The right of the Association, acting through the Board, to mortgage, pledge, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred, subject to the requirements set forth herein; and

  7. Declarant’s right to use such property without payment or charge for such purposes as Declarant, in its sole discretion, deem necessary and proper.

Any Owner may extend his or her right of use and enjoyment to the members of his or her family, lessees, and social invitees, as applicable, subject to reasonable regulation by the Board. An Owner who leases his or her Unit shall be deemed to have assigned all such rights to use and enjoy the Common Area to the lessee of such Unit.

2.2. No Partition

Except as permitted in this Declaration, there shall be no judicial partition of the Common Area. No Person shall seek any judicial partition unless the portion of the Common Area which is the subject of such partition action has been removed from the provisions of this Declaration. This Article shall not prohibit the Board from acquiring and disposing of tangible personal property nor from acquiring and disposing of real property which may or may not be subject to this Declaration.

2.3. Condemnation

If any part of the Common Area shall be taken or conveyed in lieu of and under threat of condemnation by any authority having the power of condemnation or eminent domain, then such award or net funds shall be disbursed to the Association and used for such purposes as the Board shall determine.

2.4. Limited Common Area

Certain portions of the Common Area may be designated by the Board of Directors as Limited Common Area to be reserved for the exclusive use of and primary benefit of Owners and occupants within particular Unit(s). By way of illustration and not limitation, Limited Common Areas may include parking spaces, Common Areas serving exclusively the Townhome Units or Detached Units, respectively, and other portions of the Common Area. All costs associated with the maintenance, repair, replacement, and insurance of a Limited Common Area shall be allocated among the Owners of the Unit(s) to which the Limited Common Areas are assigned as a Townhome Unit Assessment or a Specific Assessment, as applicable.

Initially, any Limited Common Area shall be designated in the deed conveying such area to the Association, on the Recorded Plat, or by Supplemental Declaration; provided, however any such assignment shall not preclude the Declarant from later assigning use of the same Limited Common Area to additional Units, so long as Declarant has a right to subject additional property to this Declaration pursuant to Section 7.1.

Thereafter, a portion of the Common Area may be assigned as Limited Common Area and Limited Common Area may be reassigned upon approval of the Board and the vote of Members representing a majority of the total 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 7.1, any such assignment or reassignment shall also require Declarant’s written consent.

2.5. Liability

Owners, occupants and their guests shall use the Common Area, including the Community recreational facilities, and all portions of the Community not contained within a Unit at their own risk and shall assume sole responsibility for their personal belongings used or stored thereon. The Association, the Declarant and their respective officers, directors, employees, representatives and agents shall not be held liable for personal injury to any person, nor for loss or damage to personal belongings used or stored on the Common Area or any other portion of the Community. The Association shall not be liable for injury or damage to any Person or property (a) caused by the elements or by an Owner or any other Person, (b) resulting from any rain or other surface water which may leak or flow from any street, pipe, plumbing, drain, conduit, appliance, equipment, security system, or utility line or facility, the responsibility for the maintenance of which is that of the Association, or (c) caused by any street, pipe, plumbing, drain, conduit, appliance, equipment, security system, or utility line or facility, the responsibility for the maintenance of which is that of the Association, becoming out of repair. Nor shall the Association be liable to any Owner or occupant for loss or damage, by theft or otherwise, of any property of such Owner or occupant.