Section 2.1. Property to be Subjected to the Governing Documents.
The real property which shall be held, conveyed, hypothecated, encumbered, sold, leased, rented, used, occupied and improved subject to the Governing Documents, including the provisions set forth in this Declaration, shall be as described in one or more Declarations of Annexation recorded among the Land Records. As set forth more fully in Appendix Two hereof all or any portion of the real property described on Exhibit “A” hereto, as well as any real property shown on the Development Plan and any real property contiguous to or in the vicinity of the Community, may be annexed within the jurisdiction of the Association unilaterally by the Declarant upon recordation of a Declaration of Annexation, regardless of the ownership of such real property at the time of annexation. This Declaration, each Declaration of Annexation, the Bylaws, the Articles of Incorporation and the Community Codes together establish a general plan of development for the GlenRiddle community and this general plan of development may be modified or amended from time to time by supplemental or additional covenants, conditions, easements, restrictions, rules, Community Codes, or guidelines applicable to all or portions of the Property. Such supplemental and additional covenants, conditions, easements, restrictions, rules, Community Codes or guidelines may be more or less restrictive than the provisions of this Declaration.
Section 2.2. Annexations.
(a) All of any portion of the Annexable Property may be annexed within the jurisdiction of the Association by or with the consent of the Declarant, without the consent of the Class A Members of the Association or any other party, until the later of (i) fifteen (15) years after the recordation of this Declaration or (ii) five (5) years after the last filing of a Declaration of Annexation. The Declarant may transfer its right to annex the Annexable Property in accordance with Section 18.4 of this Declaration. Nothing in this Declaration shall be construed to require
the Declarant, or any successor or assign of the Declarant, to annex or develop any portion of the Annexable Property and the Declarant reserves the right to utilize or develop any portion of the Annexable Property for any lawful purpose. Further, the Declarant (or any successor or assign pursuant to Section 18.4 of this Declaration) may from time to time record an instrument among the Land Records to remove any property from the Annexable Property so that such property is no longer subject to annexation pursuant to this Article 2.
(b) The Association shall also have the right to annex any real property to this Declaration. Annexations by the Association shall require the consent of the owner of the property to be annexed, the consent of a majority of the Members of the Association, and the consent of the Declarant if the Declarant owns any portion of the Property or the Annexable Property at the time of such annexation by the Association.
(c ) Any annexations made pursuant to this Article, or otherwise, shall be made by recording a Declaration of Annexation among the Land Records, which Declaration of Annexation shall extend the scheme of this Declaration and other Governing Documents to such annexed property. Any Declaration of Annexation made pursuant to the provisions of this Article may contain such complementary or supplemental additions and modifications to the covenants and restrictions set forth in this Declaration as may be considered necessary or desirable by the maker of such Declaration of Annexation to reflect the different character, use, or nature, if any, of the annexed property. Without limiting the generality of the foregoing, a Declaration of Annexation may contain provisions which are more and/or less restrictive than those set forth in this Declaration, may provide for alternative means of assessment and may limit or modify the rights and obligations of the Association with respect to the property described in the Declaration of Annexation.
Section 2.3. Deannexation.
So long as the Declarant owns any portion of the Property or the Annexable Property, the Declarant may unilaterally amend this Declaration in order to remove (deannex) any portion of the Property from the force and effect of this Declaration and the other Governing Documents. Upon the recordation of an amendment to withdraw any portion of the Property, such deannexed property shall no longer be subject to the provisions of the Governing Documents except for (I) any easements, rights, reservations, exemptions, powers or privileges reserved to the Declarant pursuant to the Governing Documents which affect the deannexed property, (ii) any other easements, rights, reservations, exemptions, powers or privileges which are expressly reserved to the Declarant in the instrument effectuating such deannexation, and (iii) any unsatisfied obligations under the Governing Documents relating to the deannexed property which accrued prior to the deannexation. Such deannexation shall be made by recording a written instrument among the Land Records withdrawing the effect of the covenants, conditions, easements and restrictions of the Governing Documents from the deannexed property. Such deannexed property may be used by the Declarant, or any successor, assign or transferee, for any lawful purpose or use.
Section 2.4. Community Property.
All Community Property and completed facilities must be annexed within the Association by the Declarant in accordance with the terms and conditions of the approved Regulatory Plans, as such plans may be amended from time to time, and must otherwise be in accordance with the terms of any regulatory plan enforcement agreement, including a phasing schedule, as may be amended. The Declarant reserves the right to seek an amendment to the Regulatory Plans for the purpose of modifying the location or amount of real property comprising the Community Property and for the purpose of modifying the improvements to be constructed on the Community Property.
Section 2.5. Exclusive Community Property.
Exclusive Community Property refers to any portions of the Community Property designated as such in this Declaration or by the Declarant or the Board of Directors in accordance with this Section 2.5 which are intended for the exclusive use or primary benefit of one or more, but less then all, Owners and Living Units.
(a) The Declarant may designate any portions of the Community Property as Exclusive Community Property pursuant to (i) the provisions of this Declaration, (ii) a Declaration of Annexation, (iii) a deed of conveyance to the Association, or (iv) a duly adopted Community Code.
(b) The Board of Directors may designate any portions of the Community Property as Exclusive Community Property pursuant to (i) a Declaration of Annexation, or (ii) a duly adopted Community Code.
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