Common Areas

COMMON AREAS AND UTILITIES

2.1 Common Areas. The Common Areas shall include all of the areas set forth in paragraph 1.3 above , and any additional property rights owned or acquired by the Association. Each Lot Owner shall have, as appurtenant to his membership in the Association, the nonexclusive right to use the Common, Areas in accordance with the purposes for which they are intended, but without hindering the exercise of or encroaching on the lawful rights of any other Lot Owner. While it is the intent of this Declaration to afford all Owners the full use and enjoyment of all Common Areas, the Declarant is particularly concerned about the use of the lake access lot (Lot .1, block 1, Bel-Tane Acres Subdivision). In addition to such further rules as may be adopted by the Board under this Paragraph 2.1, the Declarant hereby declares that boats, boat trailers and boat equipment shall not be kept or stored on such lake access lot, except temporarily, for the purpose of putting boats in and taking boats out of the water (and may not be left on the access: lot or on the road to the access lot during the use of the boat).

The rights and easements of use and enjoyment of the Common Areas created by this Declaration shall be subject to such rules and regulations as may be adopted by the Board from time to time. Without limiting the generality of the Board’s authority to enact reasonable rules and regulations, such authority shall include the right of the Board to suspend the rights and easements of any Owner, and the persons deriving such right and easements from any Owner, for use and enjoyment of any part of the Common Areas, for any period during which the payment of any assessment against the Owner and his Lot remains delinquent or during which the Owner may otherwise be in breach of this Declaration or the Bylaws of the Association.

Any Owner entitled to the right and easement of use and enjoyment of the Common Areas may designate such right to his tenants who are occupying his Lot, Subject to reasonable regulation by the Board. An owner who has made such a delegation of rights shall not lie entitled to the use or enjoyment: of any part of the Common Areas for so long as such delegation remains in effect.

Each Owner shall be liable to the Association for any damage to the Common Areas not fully reimbursed to the Association by insurance or otherwise, if the damage is sustained because of the negligence or willful misconduct of the Owner, or by any family member, guest, tenant, or invitee of the Owner. The cost of correcting the damage to the extent net reimbursed by insurance shall be a special assessment against such Lot and may be enforced as provided hereby for the enforcement of other assessments.

2.2 Utilities. The Association shall have easements over and across each Lot within the Plat, for the installation, maintenance, operation and repair of underground utility lines and appurtenant equipment, Which easement shall, however, be confined to a ten (10) foot strip along the boundaries of each Lot. Without limiting the generality of the  foregoing, Declarant hereby establishes in the Association such utility easements, whose center line, is the property line common to Lots 15 and 16, and the property line common to Lots 7 and 8, and a sewer line and foot path easement Whose center line is the property line common to Lots 10 and 11, all as is specifically set forth on the
Plat.

Upon construction of a residence, an Owner shall hook onto the existing water system to be owned and operated by the Association. A one time hook-up charge (initially Three Hundred Fifty Dollars ($350.00) as of the date hereof, but subject to adjustment by the Declarant to cover inflationary cost increases), shall be paid to the Declarant or its assignee. Installation must be completed according to specifications provided by the Declarant or its assignee, and all hook-up work shall be performed by the Owner at its expense. Following hook-Up, a periodic charge shall be established by the Board, collectible in accordance with the assessment procedure described herein. No water well shall be drilled on any Lot except by the Declarant, the Association. or their respective assignees, Where needed to service the Property. The Association shall have the right to prohibit water use for irrigation purposes during periods of water shortage. No reservoirs or swimming pools larger than one thousand (1,000) gallons per Lot
may be filled from the community system.

Sewer, power, telephone, and other utilities shall be provided by public or private entities other than Declarant or the Association.