Section 1

The Common Area of the Property consists of all of the property save and except the area contained in the fifty-five (55) individual Townhome Building Plots hereinabove described in Section 1 of Article 2, above.

Section 2

Every Owner shall have a right and easement of enjoyment for purposes intended in and to the common area which shall be appurtenant to and shall pass with the title to every Townhome Building Plot, subject to the following provisions:

Subsection A

The right of certain Owners to use, to the exclusion of other Owners certain driveway easements for access, ingress and egress from the street.

Subsection B

The Association shall have an easement over the common areas for purposes described in this Declaration. Upon the first close of escrow for the sale of a townhome in the project, the Association shall immediately become responsible for all maintenance, operation, control and expenses associated with the common property.

Subsection C

Except as provided in this Declaration, there shall be no judicial partition of the common areas, of any part thereof, for the term of the project, nor shall Grantor, any Owner or any other person acquiring any interest in any townhome in the project seek any such judicial partition.

Subsection D

The right of the declarant or the Association to grant dedicate easements in, on, under, over or above any part of the Property to any public or governmental authority or agency or to any utility company for any service to the Property or any part thereof.

Subsection E

The right of the declarant or the Association to transfer title to any water line, storm sewer line, sanitary sewer line, or any other utility facilities or equipment situated in any part of the Property to any public or political authority or agency or to any utility company rendering service to the Property, or any part thereof.

Subsection F

The right of the Association to designate as a parking area any portion of the common area which is not reserved or designated for any other use and to make, publish and enforce reasonable rules and regulations for the use or any parking area so designated.

Section 3

Any Owner may delegate his right of enjoyment of the common area and facilities to the members of his family, his tenants, or contract purchasers who reside on the Property. The term “Owner” as used in this instrument or Declaration is further defined to include and refer to the heirs, executors, personal representatives, administrators, devisees and assigns of any Owner, and all other persons, firms or corporations acquiring or succeeding to the interest of any Owner by contract, sale, grant, will, foreclosure, execution, or by any legal process, or by operation of law, or in any other legal manner.

Section 4

No member may exempt himself from personal liability for assessments duly levied by the Association, or effect the release of his townhome from the liens and charges thereof, by waiver of the use and enjoyment of the common Property or by abandonment of his townhome.

Section 5

Each member shall be liable to the Association for any damage to the common Property not fully reimbursed to the Association by insurance if the damage is sustained because of the negligence, willful misconduct or unauthorized or improper installation or maintenance of any improvement by member, his guests, tenants or invitees, or any other persons deriving their right and easement of use and enjoyment of the common Property from the member, or his or their respective family and guests, both minor and adult. However, the Association, acting through the Board, reserves the right to determine whether any claim shall be made upon the insurance maintained by the Association \*\*\* further reserves the right, after notice and hearing as provided in the Bylaws, to levy a special assessment equal to the increase, if any, in insurance premium directly attributable to the damage caused by the member or the person for whom the member may be liable as described above. In the case of joint ownership of a townhome, the liability of the owners shall be joint and several, except to the extent that the Association shall have previously contracted in writing with the joint owners to the contrary. After notice and hearing as provided in the Bylaws, the cost of correcting the damage to the extent not reimbursed to the Association by insurance shall be a special assessment against the townhome, and may be enforced as provided herein for the enforcement of other Assessments.