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 Lot and recorded pursuant to this Declararion.

 

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.