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burden and benefit to all Owners and Occupants and to any other Persons acquiring or <br /> owning an interest in the Development, their heirs, personal representatives, <br /> successors and assigns. <br /> 8.2 Subdivision Prohibited. No Lot may be subdivided or partitioned, except <br /> the Developer may subdivide Lots owned by Developer before construction on such <br /> .Lots, in accordance with Government Regulations. <br /> 8.3 Residential Use. The Lots shall be used by Owners and Occupants and <br /> their guests exclusively as private, single family residential Dwellings, and not for <br /> transient, hotel, commercial, business or other non-residential purposes, except as <br /> provided in this Article. Any lease of a Lot (except for occupancy by guests with the <br /> Owner's consent) for a period of less than thirty(30) days or any occupancy which <br /> includes services customarily furnished to hotel guests, shall be presumed to be for <br /> transient purposes. <br /> 8.4 Business Use Restricted. Except in accord with all applicable <br /> Government Regulations and upon the Association's prior written approval, no <br /> business, trade, occupation or profession of any kind, whether carried on for profit or <br /> otherwise, shall be conducted, maintained or permitted in any Lot, except (i) an Owner <br /> or Occupant residing in a Lot may keep and maintain his or her business or <br /> professional records in such Lot and handle matters relating to such business by <br /> telephone or correspondence therefrom, provided that such uses are incidental to the <br /> \.• residential use, do not involve physical alteration of the Lot and do not involve any <br /> observable business activity such as signs, advertising displays, bulk mailings, <br /> deliveries, or visitation or use of the Lot by customers or employees, and (ii)the <br /> Association and the Developer may maintain offices on the Development for <br /> management and related purposes. Garage or yard sales conducted more than one <br /> time per year or which extend beyond a 72 hour period shall be prohibited. <br /> 8.5 Leasing. Leasing of Lots shall be allowed, subject to reasonable <br /> regulation by the Association and subject to the following conditions: (a) no Lot shall be <br /> leased for transient or hotel purposes; (ii) no Lot may be subleased; (iii) all leases shall <br /> be in writing with a copy provided to the Association; (iv) all leases shall specifically <br /> provide that they are subordinate and subject to the provisions of the Governing <br /> Documents and the Rules and Regulations, and (v) any failure of the lessee to comply <br /> with the terms of such documents shall be a default under the lease. The Association <br /> may impose such Rules and Regulations as may be necessary to implement <br /> procedures for the leasing of Dwellings consistent with this Section. <br /> 8.6 Time Shares Prohibited. The time share form of ownership, or any <br /> comparable form of lease, occupancy rights or ownership which has the effect of <br /> dividing the ownership or occupancy of a Lot into separate time periods, shall be <br /> prohibited. <br /> Meptember 5, 2006:02006 08 31 <br /> F:\OATA\19936\001\DeeleratIm.wpd etq 13 <br />