8F Consent 2021 0907 - Laserfiche WebLink

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4810-5342-0509, v. 2 22 2.21 Compliance With Laws, Etc. Nothing shall be done or kept in any Unit or in the Association Property that might increase the rate of, or cause the cancellation of, insurance for the Community, or any portion of the Community. No activities shall be conducted on any portion of the Property and no Improvements shall be constructed within the Community that are unsafe or hazardous to any person or property. No Owner or the Association shall permit anything to be done or kept in the Community that violates Applicable Laws, including any Applicable Laws pertaining to the use or storage of any Hazardous Materials. The Association and each Owner shall comply with all Applicable Laws and all applicable requirements of the Community Entitlements. 2.22 Smoking. As required under the Community Entitlements, smoking and vaping is prohibited within twenty-five (25) feet of the common open patio area within Lot 3. 2.23 Declarant Exemption. The restrictions set forth in this Article shall not apply to Declarant so long as: (a) Declarant owns any portion of the Property or the Annexable Property; or (b) Declarant is exercising any of its rights under Article 9 (Development Rights) or any other rights or powers or easements reserved to Declarant under this Declaration. ARTICLE 3 OWNERSHIP AND EASEMENTS 3.1 Ownership of Condominium. Ownership of each Condominium within the Community shall include: (a) fee title to a Unit; (b) an undivided interest in the Common Area located within the Module or Lot in which the Unit is situated, as shown on the Condominium Plan and the deed to the Condominium; (c) a membership in the Association; and (d) subject to the terms of the Governing Documents, any exclusive or non-exclusive easement or easements appurtenant to such Condominium over the Association Property as described in this Declaration, the Condominium Plan, and the deed to the Condominium, subject to any limitation set forth in the Governing Documents. 3.2 Title to Association Property. Any portions of the Property within a Phase made subject to this Declaration that is intended or required to be Association Property shall be conveyed to the Association prior to the conveyance of the first Condominium in that Phase to a First Owner. 3.3 Commencement of Easements. Each of the easements reserved or granted under this Declaration shall be deemed to be established upon the recordation of this Declaration and the conveyance by Declarant of a Condominium to a First Owner and shall thereafter be deemed to be covenants running with the land for the use and benefit of the Owners, the Condominiums, the Association, and the Association Property superior to all other encumbrances applied against or in favor of any portion of the Community. 3.4 Access, Use and Maintenance Easements. 3.4.1 Easements Over Association Property. Declarant hereby reserves to itself and grants to each Owner, for such Owner’s benefit and the benefit of such Owner’s Invitees, a non- exclusive easement for ingress, egress and use of the Association Property, subject to the terms of the Community Entitlements and Governing Documents; provided, however, that Owners and Invitees shall not have an easement over any areas restricted from access by the Association or restricted under the Community Entitlements. 3.4.2 Enforcement Easements. Declarant hereby reserves to itself and grants to the Association, non-exclusive easements and right of access over, upon, across and through all portions of the Property, for the purpose of taking such action as may be reasonably required to exercise the remedies of Declarant or the Association (as applicable) in regard to any violation of this Declaration or any of the other Governing Documents. 3.4.3 Exclusive Use Easements. Declarant hereby reserves and grants to each Owner an exclusive easement to use each portion of the Association Property (if any) that are described in 275