Declaration of Covenants, Conditions & Restrictions (Continued)
 

Page 2

ARTICLE IV

THE ASSOCIATION

     Section 1. Management of Project. The business, affairs and management of the Project shall be conducted by the Association.

     Section 2. Qualifications for Membership. Each Owner of a Condominium, including Declarant, shall be a member of the Association and shall be entitled to one membership for each Condominium owned. If a given Condominium is owned by more than one Owner, all such Owners shall be members of the Association. Ownership of a Condominium shall be the sole qualification for membership in the Association.

   Section 3. Transfer of Membership. The Association membership of each Owner (including Declarant) shall be appurtenant to the Condominium giving rise to such membership, and shall not be assigned, transferred, pledged, conveyed or alienated in any way except upon the transfer of title to said Condominium and then only to the transferee of title to said Condominium. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Condominium shall operate automatically to transfer the membership in the Association appurtenant thereto to the new Owner thereof.

     Section 4. Voting Classes. The Association shall have two classes of voting membership:

          Class A. Class A members shall be all those Owners as defined in Article 1 with the exception of the Declarant. Class A members shall be entitled to one vote for each Unit in which they hold the interest required for membership by this Article IV. When more than one person holds such interest in any Unit, all such persons shall be members. The vote for such Unit shall be exercised as they  among themselves determine but in no event shall more than one vote be cast with respect to any Unit.

          Class B. The Class B member shall be the Declarant. The Class B member shall be entitled to three (3) votes for each Unit in which it holds the interest required for Membership by Article IV, provided that , the Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier:

a)   When the total votes outstanding in the Class A membership equals the total votes outstanding in the Class B membership; or

b)  Upon the expiration of a three (3) year period after the issuance by the California Department of Real Estate of a Final Subdivision Public Report with respect to any portion of the property without the issuance of a subsequent Final Public Report covering some other portion of the Property which has been annexed hereto pursuant to Article III hereof.

provided, however, that the Class B membership shall be reinstated upon the annexation of additional property in accordance with Article III hereof, subject to further cessation in accordance with the limitation set forth in the preceding paragraphs (a) and (b) of this Section 4.

     Section 5. Voting Rights. Each Condominium owned by other than Declarant, regardless of the number of Owners thereof, shall be represented in the Association by only one (1) vote which may be cast only as a unit by the Owner or Owners thereof. Except as otherwise provided in this Declaration, whenever this Declaration, the By-Laws or the Articles require the vote, assent or presence of a stated number of Owners or members entitled to vote on a matter or at a meeting with regard to the taking of any action or any other matter whatsoever, the provisions of this Article IV and Section 3(b) of Article V hereof shall govern as to the total number of available votes, the number of votes an Owner is entitled to cast at the meeting, and the manner in which the vote attributable to a Condominium having more than one Owner shall be cast.

     Section 6. Joint Owner Disputes. The vote or votes for each Condominium may be cast only as a unit, and fractional votes shall not be allowed. In the event that joint Owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter in question. If any Owner or Owners cast a vote representing a certain Condominium, it will thereafter be conclusively presumed for all purposes that he or they were acting with the authority and consent of all other Owners of the same Condominium.

     Section 7. Cumulative Voting. In any election of the members of the Board, every Owner entitled to vote at such as election shall have the right to cumulate his votes and give one candidate, or divide among any number of the candidates, number of votes equal to the number of directors to be elected multiplied by the number of votes which such Owner is otherwise entitled to cast pursuant to the Declaration and the By-Laws. The candidates receiving the highest number of votes, up to the number of the Board Members to be elected, shall be deemed elected.

 

ARTICLE V

RIGHTS IN THE COMMON AREA AND RECREATION AREA

     Section 1. Percentage of Undivided Interests in Common Area. The undivided interests in the Common Area hereby established and which shall be conveyed with each respective Unit is an undivided 1/166th interest. Undivided interests in the Common Area located within property annexed hereto shall be conveyed to and owned y Owners of Units located within property annexed hereto in accordance with the provisions of Section 4 or Article III hereof.

     Section 2. Recreation Area. Declarant shall convey the Recreation Area in fee to the Association prior to or concurrently with the recordation of a deed evidencing the initial sale of a Condominium to a third party purchaser. Such conveyance shall be made free and clear of all liens and encumbrances except this Declaration, covenants, conditions, restrictions, rights, rights-of-way, reservations easements and utility rights then of record and non-delinquent real property taxes.

     Section 3. Owner's Easement of Enjoyment. Every Owner (including Declarant) of a Condominium within the phase I Property, or any Property annexed hereto, and the members of his family, his guests, tenants and servants to the extent permitted by such Owner shall have a non-exclusive easement, access to, use and enjoyment of, and ingress and egress through the Common Areas as to which such Owner owns as undivided fractional interest. In addition, all members of the Association and their guests, family members, servants and tenants to the extent permitted by such members shall have a non-exclusive easement of access to, use and enjoyment of, and ingress and egress through the Recreation Area and all other portions of the Property annexed hereto and conveyed to the Association. Such easements shall be appurtenant to and pass with title to each Condominium located upon the Property and shall be subject to the following limitations and provisions.

a)  The right of the Board to establish uniform rules and regulations on behalf of the Association pertaining to the use of the Common Area, the Recreation Area and other portions of the property annexed hereto and conveyed to the Association, as provided for by this Declaration; including, but not limited to, the regulation of the number of guests, the imposition of guests fees, the hours of use and other matters relating to the use and enjoyment of such areas and the facilities thereon, and the right of the Board to designate and allocate parking spaces as provided in Section 5 or Article II hereto.

b)  The right of the Board to suspend the voting rights of an Owner or Owners for the period during which any assessment against his Condominium remains unpaid and delinquent. The Board shall also have the right to suspend the voting rights of every Owner of a given Condominium for a period not to exceed thirty (30) days for any infraction of the rules and regulations of the Association committed by any Owner of the particular Condominium as to which such rights are being suspended, his guests, servants, family members or tenants, provided that any suspension of voting rights, except for failure to pay assessments, shall be made only after notice and hearing given and held in accordance with the By-Laws.

c)  The right of Declarant (and its sales agents and representatives) to the non-exclusive use of the Common Area and the Recreation Area, and the facilities thereof, for display and exhibit purposes in connection with the sale of the Condominiums within the Project, which rights Declarant hereby reserves; provided, however, that years after the issuance by the California Department of Real Estate of a Final Subdivision Public Report with respect to any portion of the property without the issuance of a subsequent Final Public Report covering some other portion of the Property which has been annexed hereto pursuant to Article III hereof; provided, however, that no such use by Declarant or its sales agents or representatives shall otherwise restrict the members in their use and enjoyment of the Common Area, the Recreation Area, or the facilities thereon.

d)  The right of the Association to lease, sell, transfer or encumber all or any portion of the Common Area or the Recreation Area, or to grant licenses or concessions with respect thereto, to any person, firm or entity, whether public or private, and the right of the Association to dedicate or transfer all or any part of the Common Area or the Recreation Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such lease, sale, transfer, encumbrance, license, concession or dedication shall be effective unless an instrument signed by members of the Association entitled to cast fifty-one percent (51%) of the votes of the Class A Membership and fifty-one percent (51%) of the votes of Class B Membership, if any, has been recorded, agreeing to the terms of such lease, sale, transfer, encumbrance, license, concession or dedication, and unless written notice of the proposed action is sent to every Member not less than thirty (30) days nor more than sixty (60) days in advance.

    Section 4. Waiver of Use. No Owner may waive or otherwise escape liability for the assessments provided for by this Declaration of otherwise duly and properly levied by the Board in accordance with this Declaration, nor release the Condominium owned by him from the liens and charges hereof, by non-use of the Common Area, the Recreation Areas, or the facilities thereon or any part thereof, or by abandonment of his Condominium.

     Section 5. Additional Provisions Relating to Common Area. The Declarant, its successors and assigns, and all future owners of the Condominiums, by acceptance of their respective deeds, covenant and agree as follows:

a)  That the Common Area shall remain undivided; and no Owner shall bring any action for partition except as provided in this Declaration, it being agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the operation and management of the Project.

b)  In the event the improved part of the Project is partially or totally destroyed, and then rebuilt, the Owners agree that minor encroachments of parts of the Common Area due to construction shall be permitted and that valid easements for said encroachments and the maintenance thereof shall exist. 

c)  That a non-exclusive easement for support through the Common Area is appurtenant to each Unit and the Common Area is subject to such easements.

d)  That the Association shall have the responsibility to manage and maintain both the Recreation Area and all of the Common Area, including but not limited to, the common walkways, common driveways, recreational facilities, landscaping, the private driveways, and the exterior of each building, and such maintenance shall be of a high quality so as to keep the entire Project in a first-class condition and in a good state of repair.


     Section 6. Delegation. Notwithstanding anything contained in this Declaration, the By-Laws or the Articles, expressly or impliedly to the contrary, if an Owner leases his Unit, sells such Unit under a contract of sale, or otherwise allows possession and occupancy thereof to be obtained by a third party or parties, such Area or the recreation facilities located within the Common Area unless such Owner designates such third party of parties, in writing to the Association as being entitled to use such facilities. In the event of such designations, such Owner shall be precluded from using such facilities until such designation is terminated by such Owner by written notice to the Association, at which time the designees shall be prohibited from using such areas and facilities. The use of all such areas and facilities shall be in accordance with the rules and regulations of the Association.

 

ARTICLE VI

COVENANT FOR MAINTENANCE ASSESSMENTS

     Section 1. Creation of Lien and Personal Obligation of Assessments. The Declarant, for each condominium owned by it within the Project hereby covenants, and each Owner of any Condominium within the Project, by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association: (1) Regular Monthly Assessments or charges, (2) Special Assessments for capital improvements, and (3) Emergency Assessments, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The Regular Monthly, Special and Emergency Assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and a continuing lien upon the Condominium against which each such assessment is made, which lien shall be created and enforced in accordance with the provisions of this Article VI. Each such assessment (and all other assessments levied in accordance with this Declaration) together with late charges, interest, costs, penalties, and reasonable attorney's fees, as provided for by this Declaration, shall also be the joint and several personal obligation of each person who was an Owner of such Condominium at the time when such assessment fell due.

     Section 2. Basic Maximum Amount of Regular Monthly Assessments.

a)  Initial Regular Monthly Assessment. The first day of the month immediately following the date or recordation of a deed to the first purchaser of a Condominium other than Declarant, shall be hereinafter referred to as the "initiation Date". Until January 1 of the year immediately following the initiation Date the Regular Monthly Assessment shall be $39.85 per Condominium per month.

b)  Increase of Monthly Assessment by Board For each calendar year commencing January 1 of the year immediately following the Initiation Date, the Regular Monthly Assessment may be increased or decreased prior to, but effective as of, January 1 of each such calendar year by the Board without a vote of the members of the Association, provided that the amount of any such increase shall not be more than twenty percent (20%) of the greater of (i) the Regular Monthly Assessment in effect during the previous year, or (ii) $39.85. All Regular Monthly Assessments shall continue in effect until the end of the calendar year during which they become effective, and for each calendar year thereafter unless increased in accordance with this Declaration at the time and in the manner provided for by this Declaration.

c)  Increase by Association. From and after January 1 of the year immediately following the Initiation Date, the Regular Monthly Assessment may be increased by the Board in an amount greater than provided for in subsection (b) of this Section 2 for the next succeeding twelve (12) calendar months, and at the end of each such period, for each succeeding period of twelve (12) months such increase to be made prior to but effective as of January 1 of each year, provided that any such change shall first be approved by at least two-thirds (2/3) or the Class members and two-thirds (2/3) or the Class B members, if any, present in persons or by proxy, and entitled to vote at a meeting held prior to the commencement of the calendar year for which such increase is to be made and duly called for such purpose, at which a quorum is present, written notice of which shall be sent to all members to less than ten (10) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. Notice of increase pursuant to this Section 2 (c) shall be given by the Board to each Owner prior to the commencement of the calendar year for which such increase is to be effective.

d)  Certificate of Payment. The Association shall, upon demand, furnish to any Owner liable for any assessment a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Condominium have been paid, and the amount of the delinquency, if any. A charge of $10.00 per certificate may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid.

     Section 3. Special Assessments for Capital Improvements. In addition to the Regular Monthly Assessments authorized above, the Board may levy, during any calendar year, but in no event prior to the Initiation Date, special Assessments ("Special Assessment") applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, or unexpected repair or replacement of a capital improvement upon the Common Area or the Recreation Area, and personal property related thereto; provided that each such Special Assessment in excess of $1,000.000 must first be approved by vote or written assent of fifty-one percent (51%) of the Class A members (excluding Declarant) present either in person or by proxy and entitled to vote at a meeting called for such purpose at which a quorum is present, written notice of which meeting is sent to all members not less than ten (10) days nor more than sixty (60) days in advance of the meeting.

     Section 4. Special Assessments for Emergency Needs. In the event the Board shall determine that its budget for any current month from and after the Initiation Date is, or will become inadequate to meet all expenses hereunder for any reason, including non-payment of any Owner's assessments on a current basis, it shall immediately determine the approximate amount of such inadequacy for such month and issue a supplemental budget, noted as to the reason therefore, and levy an emergency assessment ("Emergency Assessment") for the amount required to meet all such expenses on a current basis against the Owners of each Condominium; provided, however, that any such Emergency Assessment must first be approved by fifty-one percent (51%) of the Class A members (excluding Declarant) present either in person or by proxy and entitled to vote at a meeting called for meeting is sent to all members not less than ten (10) days nor more than sixty (60) days in advance of the meeting. Emergency Assessments properly levied in accordance with this Section 4 shall be due and payable within thirty (30 days from written notice thereof by the Board.

     Section 5. Uniform Rate of Assessment. Subject to the provisions of Section 4 of Article II hereof regulating the commencement of assessments as to Condominiums within the Annexed Property and the obligation of Owners of Condominiums within the Annexed Property to pay any portion of Special and/or Emergency Assessments, Monthly, Special and Emergency Assessments must be fixed at a uniform and equal rate for all Condominiums. Monthly and Special Assessments shall be collected on a monthly basis and Emergency Assessments shall be paid in full within thirty (30) days from notice thereof. If a Special Assessment is assessed during a calendar year in accordance with Section 3 of this Article VI, it shall be pro-rated over the number of months remaining in the calendar year in which it is so assessed.

     Section 6. Date of Commencement of Assessments; Due Dates. The Regular Monthly Assessments shall commence on the Initiation Date as to all Condominiums in the Project, including those owned by Declarant. For each calendar year commencing January 1 of the year following the Initiation Date, the Board may increase the amount of the Regular Monthly Assessment for such year against each Condominium as provided by Section 2 (b) of this Article only by giving written notice of such increase to each Owner at least ten (10) days in advance of the commencement of such calendar year. Monthly and Special Assessments shall be due and payable in advance on the first day of each month. Regular Monthly Assessments and Special Assessments shall be due and payable as required hereby regardless of the lack of any monthly notice thereof.

     Section 7. Maintenance Fund. All assessment charges collected shall be properly deposited in a commercial bank account in a back to be selected by the Board, which account shall be clearly designated as "CABRINI VILLAS HOMEOWNERS ASSOCIATION MAINTENANCE FUND ACCOUNT". The Board shall have control of said account, and shall be responsible to the Owners for the maintenance of accurate records thereof at all times.

     Section 8. Effect of Nonpayment of Assessments; Lien Rights; Remedies of Association. Every Owner, including Declarant, shall be deemed to covenant and agree to pay the assessments provided for in this Declaration, and further agrees to the enforcement of such assessments in the manner provided for in this Declaration.

a)  Delinquency. Any assessment provided for in this Declaration which is not paid when due shall become delinquent on the date on which such assessment is due (the "date of delinquency"). Assessments not paid within ten (10) days after the date of delinquency shall thereafter bear interest at the rate of ten percent (10%) per annum from the date of delinquency, and the Board, its attorney or other authorized representative may, at its option at any time after such ten (10) day period, and in addition to any other remedies herein or by law or in equity provided, enforce the obligation to pay assessments in any manner provided by law or in equity, and without limiting the generality of the foregoing, by any or all of the following procedures.

 


   (i) Enforcement by Suit. The Board may cause a suit at law to be commenced and maintained in the name of the Association against any Owner or Owners, or any of them, personally obligated to pay assessments for such delinquent assessments as to which they are personally obligated. Any judgment rendered in any such action shall include the amount of the delinquency, together with interest thereon at the rate of ten percent (10%) per annum from and after the date of delinquency, court cost and reasonable attorney's fees in such amount as the Court may award. Suit to recover a money judgment for unpaid assessments shall be maintainable by the Board, or its authorized agent, without foreclosing or waiving the lien hereinafter provided for.

   (ii)  Enforcement of Lien. The Board may proceed to record, or cause to be recorded, a notice of assessment with respect to the Condominium as to which assessments are delinquent as provided by Section 1356 of the Civil Code of California as the same may be amended, modified or superseded from time to time. Such notice of assessment shall be recorded in the office of the County Recorder of the county in which such Condominium is located and shall set forth all assessments which have become delinquent as of the date of recordation thereof, together with all costs (including reasonable attorney's fees), and interest accrued thereon. The notice of assessment shall also set forth a description of the Condominium with respect to which it is recorded and the name of the record Owner thereof. The notice of assessment shall be signed by any officer of the Association, or by any authorized representative of the Board. Immediately upon recordation of a notice of assessment pursuant to the provisions of this paragraph the amounts set forth in said notice of assessment shall be and become a lien upon the Condominium described in the notice of assessment, which lien shall also secure all other assessments which shall become due and payable with respect to the Condominium as to which the notice of assessment was recorded following the date of recordation of the notice of assessment, together with all costs (including reasonable attorney's fees), and interest whether accruing thereon, or accruing on the delinquent assessments set forth in the notice of assessment. The lien created may thereafter be foreclosed (i) by sale of the Condominium as to which the lien is created by the Board, its attorney, or other person authorized by the Board to act as trustee for the purpose of conducting such sale, such sale to be conducted in accordance with the provisions of Sections 2924, 2924(b) and 2924(c) of the Civil Code of California applicable to the exercise of powers of sale in deeds of trust, or (ii) in any other manner which may be permitted by law. The Board, or its duly authorized representative, on behalf of the Association shall have the power to bid on and purchase the Condominium at foreclosure sale and hold, use, lease, encumber and convey the same.
 

b) Curing of Default. Upon the timely payment, or other satisfaction, of all delinquent assessments set forth in the notice of assessment recorded in accordance with this Article VI and all other assessments which have become due and payable with respect to the Condominium as to which such notice of assessment was recorded following the date of such recordation, together with all costs (including reasonable attorney's fees), and all interest which has been accrued thereon, the Board shall cause to be recorded a further notice stating the satisfaction and release of the lien created by the notice of assessment. A fee in the amount of $10.00 covering the cost of preparation and recordation of the notice of release and satisfaction shall be paid to the Association prior to execution and recordation of such notice of release and satisfaction by the Board. The notice of release and satisfaction o the lien created by the notice of assessment shall be executed by any officer of the Association or by any authorized representative of the Board. For the purposes of this paragraph (b) and the provisions of subparagraph (ii) and paragraph (a) of Section 8 of Article VI of this declaration, the term "costs" shall include costs and expenses actually incurred or expended by the Association in connection with the cost of preparation and recordation of the notice of assessment and in efforts to collect the delinquent assessments secured by the lien created by the notice of assessment, and shall also include a reasonable sum for attorney's fees actually incurred.

c) Additional Costs Secured by Lien. In the event the lien created is foreclosed judicially by action in court, reasonable attorney's fees and court costs as the Court may award, title search fees, interest at the rate of ten percent (10%) per annum from the date of delinquency, and all other costs and expenses shall be allowed to the extent permitted by law.

d) Notice of Creation of Assessment Lien. Notwithstanding anything contained in this Declaration, no action shall be brought to foreclose any lien created pursuant to the recordation of a notice of assessment, whether judicially, by power of sale, or otherwise, less than ten (10) days after the date that a copy of the notice of assessment, showing the recording date thereon, is deposited in the United States mail, postage and fees prepaid, addressed to each of the Owners of the Condominiums as to which the notice of assessment relates at the address provided for by this Declaration for the giving of notice to an Owner.

e) Priority of Lien. The lien created pursuant to this Declaration upon the recordation of a notice of assessment shall be prior and superior to all liens except (i) all taxes, bonds, assessments and other similar levies which by law would be superior thereto and (ii) the lien or charge of any Prior Deed of Trust as that term is hereinafter defined.

f) Rights of Board; Waiver by Owners. Each Owner hereby vests in and delegates to the Board or its duly authorized representatives the right and power to bring all actions at law or lien foreclosures, whether judicially or by power of sale, or otherwise against any Owner or Owners for the collection of delinquent assessments in accordance herewith and hereby expressly waives any objection to the enforcement in accordance with this Declaration of the obligation to pay assessments as set forth in this Declaration.

     Section 9. Subordination of Assessment Lien. The lien for assessments provided for herein in connection with a given Condominium shall not be subordinate to the lien of any deed of trust or mortgage except the lien of a deed of trust or mortgage made in good faith and for value that is of record as an encumbrance against such given Condominium prior to the recordation of a notice of assessment against such given Condominium in the manner provided for by this Article VI, (such deed of trust or mortgage being hereinafter referred to as a "prior Deed of Trust"). The sale or transfer of any condominium shall not affect either the assessment lien provided for herein nor the creation and enforcement thereof in accordance with this Declaration on account of delinquent assessments whether such assessments become due prior to, on or after the date of such sale or transfer, and regardless of whether or to, the Owner of a Condominium as to which such lien is so created and enforced is personally obligated to pay any or all of the delinquent assessments as to which such lien is created; provided, however, that sale or transfer of any Condominium pursuant to a judicial foreclosure or foreclosure by power of sale of a Prior Deed of Trust, shall extinguish any assessment lien created against the Condominium which is the subject of such sale or transfer pursuant to a judicial foreclosure or foreclosure by power of sale of a Prior Deed of Trust by the filing of a notice of assessment prior to the date of such sale or transfer, and shall further prohibit the creation of any assessment lien against such Condominium on account of payments which became due prior to the date of such sale or transfer; provided, however, that the purchaser at such sale shall be subject to all of the obligations of an Owner with respect to all assessments which become due after the date of such sale; provided, further, that there shall be a lien on the condominium of the purchaser at such sale which shall be created and foreclosed in accordance with this Declaration and which shall secure all assessments becoming due after the date of such sale. For the purposes of this Section 9 a sale or transfer of a Condominium shall occur on the date of recordation of a deed or other instrument of title conveying record title to the Condominium to the purchaser or transferee.

     Section 10. Declarant's Maintenance Obligations. Form and after the Initiation Date Declarant shall be obligated to pay to the Association assessments assessed against all Condominiums owned by Declarant in the same manner and amount as such assessments are imposed upon Owners of Condominiums other than Declarant from and after the Initiation Date provided that such obligation shall terminate as to the Declarant as to Condominiums sold by Declarant after the Initiation Date upon recordation of the deed of conveyance with regard there too.

     Section 11. Homestead Waiver. Each Owner, to the extend permitted by law, does hereby wave, to the extent of any liens created pursuant to this Declaration, whether such liens are now in existence or are created at any time in the future, the benefit of any homestead or exemption laws of the State of California now in effect, or in effect from time to time hereafter.

     Section 12. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the members of the Association, their guests and invitees, and in particular shall be used for the purpose of improving, protecting, operating and maintaining the Common Area and the Recreation Area, together with the facilities, improvements, landscaping and structures located thereon, and providing for the acquisition and maintenance of property, services and facilities devoted to this purpose and directly related to the use and enjoyment of the Common Area, the Recreation Area and the Units, and Otherwise providing for the performance by the Board of each and every of the powers and duties of the Board.

     Section 13. Improvement of Recreation Area. At the time of conveyance of Lot 3 of Tract No. 27209 to the Association in accordance with the provisions of this Declaration, Lot 3 or Tract No. 27209 shall have been improved by the construction thereon of a recreation center (the "Recreation Center"), which Recreation Center shall include tennis courts, clubhouse facilities, parking areas and such other improvements and facilities as may be provided by Declarant, or shall not be so improved, in which case completion of the Recreation Center within eighteen (18) months from and after the date of conveyance of Lot 3 of Tract No. 27209 to the Association shall be bonded by a performance and completion bond running to the benefit of the Association and its members.

     Section 14. Completion of Recreation Center - Easement and Access Rights. Notwithstanding anything contained in this Declaration, the By-Laws or the Articles, expressly or impliedly to the contrary, access to, use and enjoyment of, and ingress and egress over Lot 3 of Tract No. 27209 by the Owners, their guests, tenants, designees, servants family members, invitees, agents, and each of them, together with the construction of any improvements upon Lot 3 of Tract No. 27209 or the alteration repair or modification thereof by any such persons, shall be prohibited until completion of construction of the Recreation Center; provided, however that the Declarant, its agents, employees and representatives and each of them, shall have access to Lot 3 of Tract No. 27209 and the right of ingress and egress thereon and there over for the purpose of constructing the Recreation Center upon said Lot 3. The cost and expense of the original construction of the Recreation Center shall be the sole responsibility of Declarant. For the purposes of this Declaration, the date of completion of construction of the Recreation Center shall be the date upon which a Certificate of Occupancy covering the Recreation Center is issued by the appropriate regulatory agency, or the date upon which a Notice of Completion covering the entire Recreation Center is placed of record, whichever first occurs.

     Section 15. Recreation Center Maintenance Assessments. Seventeen and 34/100 percent (17.34%) of the Initial Regular Monthly Assessment established pursuant to Section 2 of this Article VI is attributable to and covers the maintenance and operation of the Recreation Center. Notwithstanding anything contained in this Declaration expressly or impliedly to the contrary, if on the Initiation Date, as that term is defined at Section 2 of this Article VI hereof, of the construction thereon of the Recreation Center in accordance with the provisions of Section 13 of this Article VI, the Initiation Date for the purposes of determining the date of commencement of the portion of the Initial Regular Monthly Assessment attributable to and covering the maintenance and operation of the Recreation Center shall be the first day of the month immediately following the month in which construction of the Recreation Center is completed (the "Recreation Center Initiation Date"). In the event of any increase in the Regular Monthly Assessment prior to the Recreation Center Initiation Date in accordance with the provisions of this Declaration Seventeen and 34/100 percent (17.34%) of such increased  Regular Monthly Assessment shall be deemed to be attributable to and cover the maintenance and operation of the Recreation Center, and the Initiation Date for the purposes of determining the date of commencement of the obligation to pay the portion of the increased Regular Monthly Assessment attributable to and covering the maintenance and operation of the Recreation Center shall be the Recreation Center Initiation Date. No Special Assessment for capital improvements may be levied or imposed in connection with the Recreation Center until after the Recreation Center Initiation Date. Pursuant to the provisions of this Section 15 the Initial Regular Monthly Assessment prior to the Recreation Center Initiation Date shall be $33.96 per month per condominium, and thereafter the Initial Regular Monthly Assessment shall be $39.85 per month per condominium, such amounts to be subject to increase in accordance with the provisions of Section 2 of this Article VI, such right to increase such amount being subject to the limitations set forth in this Section 15.

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