3.3. Article 3: Property Rights

Section 3.1. Owner’s Easements of Enjoyment.

Every Owner shall have a non-exclusive right and easement of use, access and enjoyment in and to the Community Property, including an easement for the use and enjoyment of the private streets, roadways, parking areas, trails and walkways within the Community Property. Each Owner’s right to use and enjoy the Community Property shall extend to members of the Owner’s family, lessees and invitees, subject to applicable Community Codes. Any Owner who leases his/her Living Unit shall be deemed to have assigned his/her right to utilize the Community Property to the lessee of the Living Unit. Such easement of use, access and enjoyment shall be appurtenant to and shall pass with the title to every Living Unit, subject to:

(a) The rights and obligations set forth in the Governing Documents, as amended from time to time, and any other covenants and easements relating to the Community Property;

(b) Any covenants, conditions, easements, restrictions or reserved rights contained in any deed conveying Community Property to the Association and other matters of record affecting the Community Property;

(c ) The right of the Association, its designees, or other applicable parties to charge reasonable admission, user or other fees for the use of the Community Property or any facilities situated upon the Community Property;

(d) The right of the Association to suspend an Owner’s voting rights and right to use the Community Property and/or any facilities situated thereon for (i) any period during which any assessment against such Owner’s Living Unit remains delinquent, and (ii) any period as may be determined by the Board for any infraction of the Governing Documents, provided that the Owner is given reasonable notice of the violation and an opportunity for a hearing in accordance with the Governing Documents and provided further that the obligation of such Owner to pay Assessments shall continue unabated during such period of suspension of voting rights or right to use the Community Property;

(e) The right of the Association to dedicate or transfer all or any part of the Community Property to any public agency, authority, or utility for such purposes as are consistent with the purposes of the Governing Documents and subject to such approval requirements as may be set
forth in the Governing Documents;

(f) The right of the Association to limit the number of guests of Owners that may utilize the Community Property and any facilities situated thereon;

(g) The rights of the Declarant and the Association to establish Community Codes pertaining to the use of the Community Property and any facilities situated thereon;

(h) The righto of the Association, the Declarant, utility companies and Owners with respect to the easements established by or created pursuant to the Governing Documents;

(i) The right of the Association, in accordance with the Governing Documents, to borrow money for the purpose of improving the Community Property and any facilities situated thereon in a manner designed to promote the enjoyment and welfare of the Owners and in aid thereof to mortgage any of the Community Property and facilities situated thereon;

(j) The right of the Declarant and the Association to designate portions of the Community Property as Exclusive Community Property and the right of designated Owners to the exclusive use of those portions of the Community Property designated as Exclusive Community Property;

(k) The rights of the Declarant to grant easements, to utilize reserved rights and easements, and to otherwise utilize the Community Property as it deems appropriate in connection with the development of the Community;

(l) The rights of the Declarant and the Association to grant easements, licenses or other rights of use of the Community Property and any facilities situated thereon to Owners and to persons or entities who are not Owners for such consideration and on such terms and conditions as the Declarant or the Association, as the case may be, may from time to time consider appropriate. Without limiting the generality of the foregoing, this may include leases, licenses or other agreements for the operation of the Marina by a third party operator, and easements for the benefit of persons who are not Owners or residents of the Community for (i) use of the Marina, or (ii) ingress and egress to and from the Marina or other areas within or adjacent to the Community; and

(m) Such other rights of the Declarant and the Association as are not inconsistent with the Governing Documents.

Section 3.2. Limitations.

Any other provision of this Declaration to the contrary notwithstanding, the Association shall have no right to suspend the right of any Owner to use any private streets, roadways, or parking areas within the Community Property for both vehicular and pedestrian ingress and egress to and from such Owner’s Living Unit and for parking; provided, however, that the Association shall have the right to designate the use of parking spaces within the Community Property for the exclusive use of certain Owners, residents or guests.