5.1 UTILITY EASEMENT PROVISIONS

On each lot an easement is reserved under over and upon five (5) foot strips of land fronting the private roads for utility installation and maintenance, including but not limited to power, telephone, water, sewer drainage, gas, etc., together with the right to enter upon the lots at all times for said purposes.  Additional utility easements are reserved as required by governmental subdivisions.  Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements.  The easement area on each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority is responsible.

5.2 OWNERS EASEMENT OF ENJOYMENT

Every owner shall have the right and easement of enjoyment in and to the Common Area and for ingress and egress over the through the common area and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:

(A) The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;

(B) The right of the Association to suspend voting rights and rights to use of the Common Area by an owner for any period during which any assessments against his lot remains unpaid, and for a period not to exceed sixty (50 days for any infraction of it’s published covenants, conditions and restrictions.

(C) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to each conditions as may be agreed to by the members.  No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of each class of members has been recorded.