ELDRIDGE PARK

DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 

ARTICLE VIII 

COMMON PROPERTIES 

Section 1.  Easements of Enjoyment.  Subject to the provisions of Section 3 hereof, every Member of the Association shall have a non-exclusive right and easement of enjoyment in and to the Common Areas. 

Section 2.  Title to Common Properties.  Declarant shall convey ownership of the Common Areas and any Common Facilities, and/or Common Personalty owned by Declarant to the Association, which shall be responsible for their operation, repair and maintenance. 

Section 3.  Extent of Easements.  The rights and easements of enjoyment created hereby shall be subject to the following: 

a.       The right of the Association to prescribe rules and regulations for the use, enjoyment, and maintenance of the Common Areas. 

b.       The right of the Association to sell, convey or dedicate to the appropriate  governmental authority, the Common Areas, or any part thereof,  provided such sale, conveyance or dedication is approved by a majority of the total eligible votes of each class of the Members of the Association, voting in person or by proxy, at a meeting duly called for such purpose, written notice of which shall be given to all Members at least thirty (30) days in advance of the meting and shall set forth the purpose of the meeting. 

c.       The right of the Association to borrow money for the purpose of improving, maintaining, or repairing the Common Areas and/or Common Facilities, or any part thereof, and to mortgage the Common Areas, Common Facilities, or any part thereof, provided the mortgaging of the Common Areas is approved by a majority of the total eligible votes of each class of Members of the Association voting in person or by proxy at a meeting duly called for such purpose. 

d.       The right of the Association to take such steps as are reasonably necessary to protect the Common Areas and/or Common Facilities, or any part thereof, against foreclosure. 

e.       The right of the Association to suspend the voting rights and right to use the Common Facilities of any Member for any period during which any Member for any period during which any assessment or other amount owned by the Member to the Association remains unpaid or during which such Member is in violation of any of the provisions of this Declaration. 

f.         The right of the Association to establish reasonable rules and regulations governing the Members’ use and enjoyment of the Common Areas, and to suspend the enjoyment rights of any Member for any period not to exceed sixty (60) days for any infraction of such rules and regulations. 

g.       The right of the Association to charge reasonable admission and other fees for the use of any recreational facilities which are a part of the Common Areas.