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01286ARTICLE V PROPERTY RIG1,11'S Section 1 Member's Easements of I':nloyment. Every member shall have a right and easement of 'enjoyment in and to the Common Area -and such easement shall be appurtenant to and shall pass with the title to every assessed Lot,.subject to the following provisions: (a) the right of the Association to limit the number of guests of members; (b) the right of the Association to charge reasonable admission "! and other fees for the use of any recreational facility situated upon the Common Area; (c) the right of the Association to borrow money for the purpose of improving the Common Area and facilities and in aid thereof to convey a security interest in said property, and the rights of such security holder in said properties.shall'be subordinate to the rights of the homeowners hereunder; (d) 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 such any assessment against his Lot remains unpaid; and for a period not to exceed 180 days for an infraction of its published rules and regulations; (e) 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. Section 2. 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 Areas to the Association free and clear of all encumbrances and liens, prior to the conveyance cf the first Lot, except easements for utilities, including maintenance thereof, and right of public to make necessary slopes for cuts or fills in the reasonable original grading of public ways dedicated in the plat. ARTICLE VI COVENANT FOR MAINTENANCE ASSESSMENTS Section 1 Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the PropertiUPFICIAL RECORD:, VOL 970 PACE 562 - 4 -