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Beech Mountain Lakes Association
One Burke Drive, Drums PA 18222
570-788-1010 Phone     570-788-5117 Fax

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11

BML Covenants

 

11.      DECLARANT'S RESERVED RIGHTS

11

.

1

General Rights and Powers

11

.

2

Promotion of Project

11

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3

Declarant Control of Association

11

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4

Other Rights

11

.

5

Assignment by Declarant

11

.

6

Protection of Declarant

 

11.1   General Rights and Powers. In addition to any rights or powers reserved to the Declarant under the provisions of this Declaration or the By-Laws, the Declarant shall have the rights and powers set forth in this Section. Anything in this Declaration or the By-Laws to the contrary notwithstanding, the provisions set forth in this Section shall govern. If not sooner terminated as provided in this Section, the provisions of this Section shall terminate and be of no further force and effect from and after such time as the Declarant is no longer vested with or controls title to any Interest in the Development.                                å

 

    11.2 Promotion of project. In connection with or incidental construction, promotion, sale or rental of any portion of the Development or any improvements thereof,

(a) The Declarant shall have the right and power, within its sole discretion, to construct such temporary or permanent improvements, or to do such acts or other things in, on, or to the Common Areas, Community Common Areas or portions of the Development owned by Declarant as the Declarant may, from time to time, determine to be necessary or advisable, including, without limitation, the right to construct and maintain model dwelling units, sales offices, business offices, parking areas, advertising signs, lighting and banners, or other promotional facilities at such locations and in such forms as the Declarant may deem advisable and to store material and equipment used in connection with the foregoing on the Common Areas, Community Common Areas or portions of the Development owned by Declarant without the payment of any fee or charge whatsoever; and

(b) Declarant, its agents, prospective purchasers and tenants, shall have the right of ingress, egress and parking in and through, and the right to use and enjoy the Common Areas and all Community Common Areas, at any and all reasonable times without fee or charge.                                                                                                                                    å

 

11.3  Declarant Control of Association. Notwithstanding any provisions to the contrary contained in this Declaration, or the Association Documents, Declarant shall have the right to appoint or remove any director or officer of the Association until the first of the following occurs:

(a) the date as of which ninety percent (90%) of the Interests in the Development have been conveyed to Owners other than the Declarant; or

(b)    the surrender by Declarant of the authority to appoint and remove directors and officers of the Association by notice in writing by Declarant to the Board off Directors to this effect; or

(c) a date certain to be established by Declarant at some later time by a recorded amendment to this Declaration, which amendment shall not require the approval of the Owners; however, in no event shall the date certain be later than the date when 90% of the Interests in the Development have been conveyed as described in (a) above.

The date on which the Declarant's rights under this Section shall terminate shall be referred to as the "Turnover Date." From and after the Turnover Date, the Board of Directors of the Association shall be constituted as provided in Section 6.9 and the By-Laws. As provided in Section 6.7, prior to the Turnover Date all of the voting rights at any meeting of the Association shall be vested exclusively in the Declarant and neither the Owners nor the Delegates shall have any voting rights.                                             å

 

11.4   Other Rights. The Declarant shall have the right and power to execute all documents and do all other acts and things affecting the Development that, in Declarant’s opinion, are necessary or desirable in connection with the rights of Declarant under the Declaration.                                                                                                             å

 

11.5  Assignment by Declarant. The Declarant may, by an instrument in writing, transfer and assign any and all rights and duties hereunder to the Association or a Community Associa­tion and such association shall thereafter exercise such rights and duties through its Board of Directors or through such committee as it may elect to appoint.

All rights that are specified in this Declaration to be rights of the Declarant are mortgageable, pledgeable, assignable or transferable. Any successor to, or assignee of, all of the rights of the Declarant hereunder (whether as the result of voluntary assignment, foreclosure, assignment in lieu of foreclosure, or otherwise) shall hold or be entitled to exercise the rights of Declarant hereunder as fully as if named as such party herein. No such successor assignee of the rights of Declarant hereunder shall have or incur any liability for the acts of any other party that previously exercised or subsequently shall exercise such rights. The Declarant may, from time to time, convey a portion of the Development to a person who intends to develop and sell or resell Units ("Successor Developer"). The Declarant may specifically grant to a Successor Developer some or all of the rights and powers reserved to the Declarant in this Declaration with respect to the portion of the Development conveyed to the Successor Developer by so providing in the deed of conveyance, and such rights and powers shall terminate as provided in the deed, but no later than such time as the Successor Developer is no longer vested with or controls title to any part of such portion of the Development.                                                            å

 

11.6  Protection of Declarant. Notwithstanding any provision of the Association Instruments to the contrary, for so long as Declarant continues to hold title to one (1) or more Interests, none of the following actions may be taken by the Board, the Association, or any Owner other than Declarant, without the prior written approval of Declarant:

(a) levying any Charge against Declarant for any capital improvements to the Development; and

(b) taking any action which would be detrimental to the sale by Declarant of Interests; provided, however, that an increase in the Annual Assessments without discriminating against Declarant shall not be deemed to be detrimental to the sale of Interests.         å

 

 



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