Section 2.1 Description of Common Areas. The Common Areas, as shown on the Plat, are comprised of the following:

Tract G, H and I   Landscape Tracts

Tracts L and M     Entry Monument/Landscape Tracts

Tract B                Neighborhood Park

 

Section 2.2 Dedication of Common Areas. Declarant, by recording the Nat, dedicates, transfers and conveys the Common Areas to the Association.

 

Section 2.3 Use of Common Areas. Each Owner shall have the right to use the Common Areas in common with all other Owners, subject to this Declaration, the Bylaws, any rules and regulations adopted by the Association, and the following:

 

 

2.3.2 The Association shall have the right to suspend the voting rights of any Owner for any period during which any assessment against such Owner's Lot remains unpaid, and for a period not to exceed 60 days for any, and for each separate, infraction of the Association's published rules and regulations.

 

2.3.3 The Association shall have the right to dedicate or transfer all or any portion of the Common Areas, including easements thereon, to any willing authority, for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless two-thirds of each class of Members vote or consent in writing to such dedication or transfer. The instrument dedicating or transferring all or any portion of the Common Areas shall be executed by the president and secretary of the Association who shall certify that the requisite vote or consent has been obtained.

 

Section 2.4 Landscape Tracts. A certain portion of the Common Areas (Tracts G, H, and I) are designated on the Plat as Landscape Tracts. The tracts may not be used for recreational purposes between dusk and 9 a.m. and are subject to any rules or regulations adopted by the Association consistent with the Plat restrictions.

 

Section 2.5 Entry Monument/Landscape Tracts. A certain portion of the Common Areas (Tracts L and M) are designed on the Plat as Entry Monument/Landscape Tracts. The tracts may not be used for recreational purposes and are subject to rules and regulations adopted by the Association consistent with the Plat restrictions.

 

Section 2.6 Private Joint Use Driveway Tracts. Plat Restrictions 8 and 9 establish that Tracts J and K are Private Joint Use Driveway Tracts serving certain specified Lots. Tract J serves Lots 2, 3, and 4, and Tract K serves Lots 114, 115, and 116. Declarant, by recording the Plat, dedicates and conveys an undivided interest in each Tract to the Owners of the Lots served by that Tract. The Association, at the request and cost of the Owners served by a particular Tract, shall be responsible for the maintenance of that Tract, as provided in Section 2.10.

 

Section 2.7 Private Storm Drainage Easement. Plat Restriction 12 establishes a Private Storm Drainage Easement over Lots 4 and 36. Declarant, by recording the Plat, grants a storm drainage easement to the Owners of the Lots benefited by the Private Storm Drainage Easement. The Association shall be responsible for the maintenance of the portion of the Private Storm Drainage System that serves more than one Lot up to the point of connection to the public drainage system.

 

Section 2.8 Delegation of Use. Any Member may delegate, in accordance with such rules and regulations as the Association shall promulgate, his or her right of use and enjoyment of the Common Areas to family members, guests, and tenants of such Member. Each Owner shall be responsible for informing such Owner's family members, guests, tenants, and service personnel of the contents of this Declaration as well as any rules and regulations that may be adopted by the Association as they may relate to the use and enjoyment of the Common Areas. Each Owner shall be personally liable for any damage to any Common Areas or any other area maintained by the Association or to any other property of the Association, whether real or personal, caused by the Owner or the Owner's family member, guest, tenant, agent, workman, contractor or other licensee or invitee. The Association may have a lien upon the Owner's Lot for the amount of such damages as determined by the Board after Notice and Opportunity to be Heard.

 

Section 2.9 Street Trees. The Association shall be responsible for maintenance of the street trees within and/or abutting the public and private tracts depicted in the Plat and the landscaped public right of way ("I" Street NE) located at the entrance to the Plat (the "Street Trees"). The Street Trees shall be owned and maintained by the Association in accordance with Plat Restriction 16 of the Plat.

 

Section 2.10 Maintenance. The Association shall have full responsibility for the maintenance, repair, replacement and improvement of the Common Areas, the Private Storm Drain Easement, and the Street Trees, and, upon request of the Owners served by a Private Joint Use Driveway Tract as provided above, the Private Joint Use Driveway Tracts. All such areas and facilities shall be reasonably maintained for their intended use, subject to applicable governmental restrictions. The Association shall, upon the written request of a majority of the Owners of the Lots served by a Private Joint Use Driveway Tract, perform such maintenance, repairs or reconstruction of the portion of the facilities within the tract as may be requested by the Owners. If one or more of the Owners served by a Private Joint Use Driveway Tract, but less than a majority of those served, makes a written request to the Association to have maintenance, repairs or reconstruction of a portion of the facilities within the tract, the Board shall, after Notice and Opportunity to be Heard given to all of the Owners served by that tract, decide whether it is reasonably necessary for the maintenance, repair or reconstruction to be done. The cost of such maintenance, repairs or reconstruction shall be assessed equally against each of the Lots served by the Private Joint Use Driveway Tract. Street Trees shall be maintained by the Association until the City or its successor has adopted a maintenance program. In the event that any tract which is dedicated in the Plat to the City of Auburn for ownership, maintenance, and/or access purposes is not being maintained at a level which is acceptable to the Association, the Association may, but is not required to, maintain the tract as it deems appropriate, including the performance of grass cutting and maintenance of shrubs, trees, and flowers. The cost of such maintenance shall be a Common Expense of the Association. Any maintenance performed by the Association on tracts dedicated to the City of Auburn shall not obligate the Association to continue to maintain such tracts.