1. Owner's Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every assessed Lot, subject to each of the following provisions;
(a) The right of the Association to formulate, publish and enforce rules and regulations as provided in Article V herein.
(b) The right of the Association, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the Common Area and facilities and carrying out its maintenance responsibilities and in aid thereof to mortgage said property, and the rights of such mortgagee in said properties shall be subordinate to the rights of the Lot Owners hereunder.
(c) The right of the Association to suspend the voting rights and rights to use of the Common Area and facilities by a member, or any person to whom he has delegated his voting right, for any period during which any assessment against his Lot remains unpaid, or for a period not to exceed sixty (60) days for an infraction of its published rules and regulations.
(d) Easements as provided in ARTICLE VI herein.
2. Delegation of Use. Subject to the provisions of the By-Laws and the rules and regulations of the Association, any Owner may delegate his right to the enjoyment of the Common Area to the Members of his family, his tenants, or contract purchasers, provided, every such delegee must reside in the home of the Owner.
3. Title to Common Area. The Declarant hereby covenants for itself, its successors and assigns, that it will convey fee simple title to any of the Property which is to be designated as the Common Area, to the Association, free and clear of all liens and encumbrances, at the time of or prior to, the conveyance of the last Lot in each respective section, except utility and drainage easements and easements to governmental authorities, upon condition that such area as shall be designated "Common Area" and shall be for the sole and exclusive use and benefit of Members, so long as such area is maintained in conformity with the requirements of these Restrictions, the By-Laws, and the Articles of Incorporation of the Association, at the sole expense of the Association, subject, however, to easements described in ARTICLE VI.
Similarly, the Declarant will convey to the Association, upon the same conditions and for the same uses and purposes, Common Areas which are parts of any additional phases of the Property developed by it in the future.
