DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
PAGE 18

ARTICLE III

3.  Rights in Common Property.

3.1.  Maintenance and Repair.
Declarant hereby reserves an easement over the ·common Area and Association Maintenance Areas for the benefit of the Association to enable it to perform its duties and exercise its powers described in this Declaration. The Association's obligation to maintain the Common Property and Association Maintenance Areas in any Phase in which a Condominium is located commences on the date Annual Assessments commence on Condominiums in such Phase. Until commencement of Annual Assessments on Condominiums in any Phase in which a Condominium is located, Declarant shall maintain the Common Property and Association Maintenance Areas in such Phase. The Association's obligation to maintain the Association Property in a Phase comprised solely of Association Property shall commence upon conveyance of such Association Property to the Association. Declarant expressly reserves for the benefit of each Owner a nonexclusive easement over the yard area of the adjacent Unit as necessary to allow the Owner to maintain and repair the wall or fence surrounding the Owner's Unit in accordance with the provisions of this Declaration.

3.2.  Partition.
Except as provided in this Declaration, there shall be no judicial partition of the Common Area, or any part thereof, for the term of the Project, nor may Declarant, any Owner or any other Person acquiring any interest in any Condominium in the Project seek any such judicial partition.

3.3.  Members' Easements in Common Property.
Subject to this Declaration, every Member has, for himself, his Family, his tenants and guests, a nonexclusive easement of access, ingress, egress, use and enjoyment of, in and to the Common Property. Such easement is appurtenant to and passes with title to every Condominium in the Project.

3.4.  Extent of Members' Easements.
The rights and easements of use and enjoyment of the Common Property created by this Declaration are subject to the Restrictions, which include, without limitation, the following:

(a)  The Association's right, after Notice and Hearing, to suspend (i) the rights and easements of any Member, and the Persons deriving such rights and easements from any Member, for use and enjoyment of any recreation facilities located on the Common Property for any period during which the payment of any Annual, Special, Capital Improvement or Reconstruction Assessment levied against the Member and his Condominium remains delinquent, and (ii) such rights and easements for the period set forth in the Bylaws for any violation of the Restrictions. Any suspension for either nonpayment of any Assessment or violation of the Restrictions does not waive or discharge the Member's obligation to pay Assessments as provided herein.

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