ARTICLE I: DEFINITIONS

ARTICLE II: MEMBERSHIP & VOTING RIGHTS

ARTICLE III: SERVICES

Section 1. Road System.
Declarant will install a road system to serve the Properties subject to this Declaration. Streets will be maintained by the City of Hamilton.

Section 2. Common Properties.
Every Member shall have a right and an easement of enjoyment in and to the Common Properties (road system), 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 Homeowners’ Association to provide reasonable restrictions on the use of the Common Properties for the overall benefit of its Members. (b) The right of the Homeowners’ Association to assess fees for the repair, maintenance and improvement of the Common Properties, and to borrow money for such purposes. (c) The right of the Homeowners’ Association to suspend the voting rights of any Member for any period during which any fee assessed against such Member’s Lot remains unpaid. (d) The right of the Homeowners’ Association to dedicate or transfer all, or any part, of the Common Properties to any governmental unit, public agency, authority or utility for such purposes, and subject to such conditions, as may be agreed to by the Members. No such dedication nor transfer shall be effective unless approved by a vote of two thirds (2/3) of the Members. (e) The right of the Homeowners’ Association, with the approval of two thirds (2/3) of its Members, to grant easements under any Common Properties to any public agency, authority or utility.

Section 3. Additional Services.
The Association may provide additional services as it sees fit. The Association may provide such services for all or a portion of the Properties within its jurisdiction or with which it may contract, and it may levy assessments on such portion of its Members or others as derive benefits from the services provided.

Section 4. Fees.
The Association shall establish a fee schedule for providing said services, which fees shall be considered as assessments, to be calculated, billed, and collected together with other assessments as provided in Article IV. Such schedule may include the assessment of: (a) charges for availability of a service even though it is not used by the Lot owner; (b) charges for an initial hookup; (c) charges for use based on a flat rate or meter measurement; (d) additional charges for excess use; and/or (e) such other charges as may be required to maintain and operate systems or service.

Section 5. Rules and Regulations.
The Association shall be authorized to establish such rules and regulations as it deems appropriate for the reasonable provision of the services provided. They may include regulations for usage, restrictions on usage, and such other rules and regulations as are deemed reasonable for assuring proper provision of services or operation of the systems providing the same. Provisions may be made for suspending services for non-payment of assessments or abuse of established rules and regulations. Adjustment procedures may be provided.

ARTICLE IV: ASSESSMENTS

ARTICLE V: PROTECTIVE COVENANTS

ARTICLE VI: GENERAL PROVISIONS