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Section 4.04. Management. The Board shall control, maintain, manage and improve the Common Property as provided in this Declaration, the Articles and Bylaws. Such right and power of control and management shall be exclusive.  In managing the Common Property, the Association hereby accepts all responsibility for the control, maintenance, safety and liability of such Common Property including the collecting and paying of the taxes assessed by the County Assessor on the Common Areas, and the insurance coverage as provided in Section 5.05.

 

Section 4.05. Damages. Each Owner shall be liable to the Association for any damages to the Common Property which may be sustained by reason of the negligence of willful misconduct of said Owner or of his family and guests, both minor and adult. In the case of joint ownership of a Lot, the liability of such Owners shall be joint and several, except to the extent that the Association has previously contracted in writing with such joint Owners to the contrary. The amount of such damage shall be an assessment against the Lot and may be collected in the manner provided for the collection of other assessments.

 

Section 4.06. Restrictions on Conveyance of Common Areas and Facilities. The Common Areas and property, title to which shall be held by the Association, may not be alienated, released, transferred, hypothecated or other wise encumbered without the prior approval of all holders of first mortgage liens on Lots, the consent of two-thirds (2/3) of the Lot Owners and the approval of the Federal Housing Administration or the Veterans Administration (if the Subdivision is approved by the F.H.A or the V.A.), except that the Association shall at all times have the right to grant and convey to any person or entity easements, or rghts-of-way in, over, or under any Common Area for the purpose of constructing, erecting, operating or maintaining thereon, therein, and there under (1) roads, streets, walks, pathways, driveways, parkways and park areas; (2) temporary overhead or permanent underground lines, cables wires, conduits, or other devices for the transmission of electricity for lighting, heating, power, telephone, cable television, and other purposes; (3) sewers, storm drains and pipes, water systems, heating and gas lines or pipes;’(4) any similar public or quasi-public improvements or facilities; and (5) such improvements as may be permitted  under Section 5.04 of this Declaration, provided that if ingress or egress to any residence is through the common Areas, then any conveyance is subject to the Lot Owner’s easement for the same.

 



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