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5 BML
Covenants 5. COMMUNITY COMMON AREAS.
5.1 Ownership of Community Common Areas. Declarant intends to
construct, operate and maintain certain facilities within the Communities from
time to time (the "Community Common Areas"). The Community Common
Areas shall be identified and designated on a recorded Plat of the Community.
The Community Common Areas shall be available only to Owners of the Community
in which they are located, their families, guests, invitees and licensees,
subject to payment of the Charges described herein, any individual use or user
fees, the Rules and Regulations affecting each Community Common Area and any
further restrictions or limitations contained therein or herein. Declarant may, in its
sole discretion, convey the Community Common Areas to the Association or to the
Community Association for the Community in which they are located. Declarant
may convey each Community Common Area one at a time, or convey all Community
Common Areas at the same time. Declarant may convey one, some or all Community
Common Areas. On the date of said conveyance, the Community Common Areas, or
the pact thereof conveyed, shall be free and clear of all liens and
encumbrances, subject only to liens for taxes not then delinquent, such
easements and rights-of-way as then appear of record and perpetual
non-exclusive easements from and to the Community Common Areas, which shall be
deemed delivered for all purposes upon Declarant's recording thereof in the
Office of the Recorder of Deeds of Luzerne County, Pennsylvania. The
Association or the Community Association, as the case may be, shall be
obligated to accept any such conveyance and shall have no right to refuse such
conveyance. Upon conveyance of some or all of the Community Common Areas to the
Association or a Community Association, all rights, powers, privileges and
immunities of Declarant as such, with respect to the Community Common Area
conveyed, shall vest in the Association or applicable Community Association.
Subject to the provisions and limitations of the relevant Community Declaration
so long as it holds title to a Community Common Area, Declarant may sell,
convey, mortgage, hypothecate or encumber, lease, rent, use, occupy and improve
such Community Common Area in its sole discretion. ć 5.2 Operation and Management. A Community Common
Area shall be operated and maintained for the exclusive use and enjoyment of
Owners in the Community of which it is a part, their families, guests, invitees
and licensees and any guests, invitees or licensees of such owner, subject to
payment of the Charges described herein, any individual use or user fees, the
Rules and Regulations affecting each Community Common Area and any further
restrictions or limitations contained therein or herein and may promulgate
Rules and Regulations may be promulgated by the entity responsible for the
operation and maintenance of each Community Common Area which shall regulate
the use of such facility and, if applicable, establish a use or user fee schedule
for each such facility. The responsibility for
the operation and maintenance of the Community Common Areas shall be
established in the Community Declaration in one of the following manners: (a)
The Declarant shall have the sole and exclusive right and duty to
manage and operate the Community Common Areas, subject to the provisions of the
Community Declaration; or (b) The Community
Association shall have the Sole and exclusive right and duty to manage the
Community Common Areas, as set forth in the Community Declaration; or (c) The Association
shall have the sole and exclusive right and duty to manage and operate the
Community Common Areas, as set forth in the Community Declaration. ć 5.3 Consultation with
Delegates.
If the Community Declaration provides that the Declarant or the Association
shall have the sole and exclusive right and duty to manage and operate the
Community Common Areas, the Declarant or the Association Board shall consult
with the Delegates from the affected Community in connection with the
administration of the affairs of their Community and their Community Common
Areas, including, without limitation: (a) rules and
regulations governing the use and enjoyment of the Community Common Areas; (b) guest fees for the
use of facilities on the Community Common Areas; (c) negotiating and
granting leases, concessions or licenses with respect to parts of the Community
Common Areas; (d) recommendations to
the Association Board with respect to an annual budget for the Community Common
Areas and the Community Assessment; (e) whether alterations,
additions or improvements shall be made to or any special services shall be
provided at the Community Common Area; (f) managing the affairs
of the Community Common Area; and (g) rules and
regulations governing the architectural design and exterior decorating of
structures and improvements located within the Community, all subject as
provided in this Declaration or the By-Laws. ć 5.4 Damage, Destruction or
Condemnation. All provisions regarding damage, destruction or condemnation of
the Community Common Areas, including the determination whether to repair or
reconstruct the Common Community Areas, shall be fully set forth in the
Community Declaration. ć | ||||||||||||||||
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