violation.
Before invoking any such assessment or suspension, the Board shall give such
person notice and a hearing.
Any
assessment imposed hereunder which remains unpaid for a period of thirty (30)
days or more, shall become a lien upon the Owner’s
Section 2.21. Exemption of the
Developer. Nothing in these Restrictions shall limit the right of
Developer to complete excavation, grading, and construction of any
improvements, including electrical service or telephone lines, to any property
within the Subdivision owned by Declarant, or to alter the foregoing, including
alterations of design or materials or both, or to construct such additional
improvements as Developer deems advisable in the course of development of the
Subdivision so long as any Lot or Dwelling Unit herein remains unsold, or to
use any structure in the Subdivision as a model home or real estate sales or
leasing office. The rights of Developer hereunder or elsewhere in the
Restrictions may be assigned.
ARTICLE III
OWNERS’ PERMITTED USES, RESTRICTIONS
AND RIGHTS OF DWELLING UNITS AND LOTS
Section 3.01. Private Residential
Purposes. Lots and the Dwelling Units thereon shall be
occupied and used by the respective Owners solely for private residential use
for the Owner, his family, tenants and social guests and for no other purpose.
No gainful occupation, profession, trade, or nonresidential use shall be
conducted on any such property except that Developer may maintain sales or
construction offices and sales models on the Property.
Section 3.02. Renting.
The Owner shall have the right to
lease or rent his Dwelling Unit; provided, however, that any lease agreement,
verbal or written with a tenant or lessee shall provide, in writing, that any
such tenant or lessee shall abide by the Rules, Bylaws, Articles, and the
provisions of this Declaration. In the event any such lease agreement does not
contain the provisions as described in the preceding statement, such lease
agreement shall, at the option of the Declarant or the Board, be null and void.
Section 3.03. Common Walls.
The rights and duties of the Owners with respect to common walls shall be as
follows:
A.
Each wall, including patio
walls, which is constructed as part of the original construction of the
Dwelling Unit, any part of which is placed on the dividing line between
separate Dwelling Units, shall constitute a common wall.