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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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2

BML Covenants

 

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Scope of Declarations

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Property Subject to Declarations

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Existing Property

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Added Property

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Supplemental Declarations

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Effect of Supplemental Declarations

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Effect on Communities

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Community Declarations

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Conveyances Subject to Declaration

 

 

2.1  Property Subject to Declaration.

 

2.1.1 Existing Property. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration consists of that land situated in Luzerne County, Pennsylvania, as more particularly described in Exhibit A attached hereto, sometimes referred to herein as the "Existing Property." The Declarant intends to develop the Existing Property at its sole discretion at any time based upon its continuing development plan.   ć

 

2.1.2 Added Property. The Declarant shall have the right, within its sole discretion, at any time and from time, prior to the Turnover Date, to annex to the Existing Property and to submit to this Declaration as "Added Property" additional properties, including (i) properties now or hereafter acquired by it, and, (ii) property of others which is either abutting the Existing Property (including additions thereto) or which is so situated that its addition will be reasonably consistent with the uniform scheme for development set forth in this Declaration. After the Turnover Date, Declarant may exercise the rights described herein to annex, add and subject additional portions of the Development to the provisions of this Declaration, provided that the consent of two-thirds (2/3) of the Delegates is first obtained. Any Improvements to the Added Property will be consistent with the Improvements to the Existing Property in quality of construction.

 

In the event that any Added Property is annexed to the Existing Property pursuant to the provisions of this Section 2.1.2, such Added Property shall be considered within the definition of the Development for all purposes of this Declaration.     ć

 

2.2  Supplemental Declarations. Any such addition as authorized in Section 2.1.2 above may be made by the filing of record of one or more Supplemental Declarations with respect to the Added Property. A Supplemental Declaration shall contain a statement that the real property which is the subject of the Supplemental Declaration constitutes Added Property which is to become a part of the Development subject to this Declaration. In addition, a Supplemental Declaration may contain such additions to or modifications of the provisions hereof applicable to any Added Property as may be necessary to reflect the different character, if any, of the Added Property that is the subject of the Supplemental Declaration, including modifications in the basis of assessments or amounts thereof. Such Supplemental Declaration shall become effective upon being recorded in the Office for Recording of Deeds, Luzerne County, Pennsylvania; provided that, in the event of any conflict between such additional provisions and the provisions in the Declaration, the provisions of this Declaration shall control. Additionally, any Supplemental Declaration shall not remove or reduce any real estate that is described in Exhibit A immediately prior to the recording of such Supplemental Declaration.     ć

 

 

2.2.1 Effect of Supplemental Declaration. Upon the recording of a Supplemental Declaration by Declarant which annexes and subjects Added Property to this Declaration, as provided in this Section, then:

 

(a)          The easements, restrictions, conditions, covenants, reservations, liens, charges, rights, benefits and privileges set forth and described herein shall run with and bind the Added Property and inure to the benefit of and be binding on any Owner having any Interest in the Added Property in the same manner, to the same extent and with the same force and effect that this Declaration applies to the existing Owners having an Interest in the property subjected to this Declaration prior to the date of the recording of the Supplemental Declaration.

 

(b)          Every Owner of an Interest in Added Property shall be a member of the Association on the same terms and subject to the same qualifications and limitations as those members who are Owners immediately prior to the recording of such Supple­mental Declaration.

 

(c) The recording of each Supplemental Declaration shall not alter the amount of the lien for any Charge made to a Unit or its Owner prior to such recording.

 

(d) Each Owner of an Interest in Added Property shall be responsible for the payment of the Association Assessment and Community Assessment applicable to his Unit, but shall not be responsible for the payment of any Special Assessment that was levied prior to the time that the Added Property became subject to assessment under this Declaration.

 

(e) In all other respects, all of the provisions of this Declaration shall include and apply to the Added Property made subject to this Declaration by any such Supplemental Declaration and the Owners, Mortgagees of Record, and lessees thereof, with equal meaning and of like force and effect and the same as if such Added Property were subjected to this Declaration at the time of the recording hereof.

 

(f)           With respect to the Added Property, the Declarant shall have and enjoy all rights, powers and easements reserved by the Declarant in this Declaration, plus any additional rights, powers and easements set forth in the Supplemental Declaration.     ć

 

2.3   Effect on Communities. A Supplemental Declaration may (but need not) (i) make Added Property part of an existing Community, (ii) designate a part or all of the Added Property as a new Community or (iii) make Added Property a Community Common Area within an existing Community or a new Community. If a Supplemental Declaration makes Added Property part of an existing Community, the Owners of an Interest in the Added Property shall have the same rights and duties as the existing Owners of Interests in that Community and shall pay a Community Assessment in the same manner as all other Owners in such Community. A Supplemental Declaration may contain a provision which states that no more Added Property shall be made part of a particular Community, and thereupon Declarant's right to make Added Property part of the Community under this Section shall terminate.     ć

 

2. 4  Community Declarations. Declarant intends, as the Development is developed and offered for sale, to subject portions thereof to Supplemental Declarations known as Community Decla­rations that shall contain specific covenants and restrictions that apply only to each portion as defined and described in each such Community Declaration. Such Community Declarations shall be subject to the provisions hereof so that the Development remains an integrated development.     ć

 

2.5   Conveyances Subject to Declaration. All covenants, conditions, restrictions, easements, reservations, liens, charges, rights, benefits and privileges which are granted, created, reserved or declared by this Declaration shall be deemed to be covenants appurtenant to and running with the land and shall at all times inure to the benefit of and be binding on any Owner of any Interest. Reference in any deed of conveyance, Membership Certificate, lease, mortgage, trust deed, other evidence of obligation, or other instrument to the provisions of this Declaration shall be sufficient to create and reserve all of the covenants, conditions, restrictions, easements, reservations, liens, charges, rights, benefits and privileges which are granted, created, reserved or declared by this Declaration, as fully and completely as though they were set forth in their entirety in any such document.     ć

 

 

 



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