improvement and maintenance of the Common Area and other areas that the Association is obligated
<br /> to maintain, as elsewhere provided herein. Annual general assessments shall include the cost of
<br /> hazard and liability insurance for Common Areas, as hereinafter described, an adequate reserve fund
<br /> for maintenance, repairs and replacement of improvements upon the Common Area, including
<br /> interior streets and roadways, common area lighting, all recreational facilities, and the maintenance,
<br /> repair and replacement of water, sewer and the utility lines and fixtures located upon the Common
<br /> Area, or, if located upon the Lot, which serve the Common Area, or on any easement area outside the
<br /> Properties in which the Association has easement rights. Annual general assessments shall also
<br /> include the cost of maintenance and replacement of lawns, docks, waterfront, waterfront maintenance
<br /> equipment (including, without limitation, water level and water quality maintenance and weed
<br /> control), irrigation systems, landscaping and shrubbery on the entire Common Area, for snow
<br /> removal from roadways, paths and sidewalks, resurfacing and striping of parking and roadway areas,
<br /> maintenance of roadway areas on any easement area outside the Perties in which the Association
<br /> has easement rights and for such other purpose as the Association may, from time to time, deem
<br /> appropriate and consistent with the purpose of this Declaratm. 'l xterior maintenance assessments
<br /> shall be used as more particularly described in Article X hereof.
<br /> All annual general or exterior maintenance assessments levied pursuant to this Declaration
<br /> shall include monthly contributions to adequately' erve finds for the maintenance, repair and
<br /> replacement of those elements of the Common Area orfad,h respect to Units, exteriors, as elsewhere
<br /> provided herein)that must be maintained, repaired or repld by the Association on a periodic basis.
<br /> Section 3. Basis of Annual General i ,, NoLtimuni Annual General Assessment.
<br /> Annual general assessments shall be levied on Lot on the basis of the number of Units in each
<br /> class of membership as follows:
<br /> A. Class "A." Lots which by Class "A" Members shall be assessed on the
<br /> basis of one(1)Unit per L.oL
<br /> B. ClM -8." Lots*0 are owned by the Class "B" Member shall be assessed on the
<br /> basis of one(1)Unk'Oer Lot, provided, however, that such Lot shall be assessed at 25%of the annual
<br /> general assessment for Wass"A"Member until such time that construction of the unit on each such
<br /> lot is completed.
<br /> Section 4. Special Assessments for Capital Improvements. In addition to the annual general
<br /> assessments and exterior maintenance assessments authorized above, the Association may levy in an
<br /> assessment year, a special assessment applicable to that year only for the purpose of defraying, in
<br /> whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital
<br /> improvement upon the Common Area, including the fixtures and personal property related thereto;
<br /> provided, however, that any such special assessment shall have the assent of Members holding two-
<br /> thirds(2/3) of the votes of each class by voting Members. All such votes shall be cast in person or by
<br /> proxy at a meeting duly called for this purpose. Special assessments shall be levied on each Lot on
<br /> the basis of a single assessment share for each Lot, regardless of ownership, unless the Board of
<br /> Directors determines that such special assessments are for the benefit of fewer than all Lots, in which
<br /> event such special assessment shall be levied on each Lot benefited on the basis of a single
<br /> assessment share for each such Lot.
<br /> 9
<br />
|