Bailey Acres HOA

ARTICLE II
OWNER’S PROPERTY RIGHTS


2.1 Owner’s Easements of Enjoyment. Every Owner shall have a right and easement of ingress and egress and of enjoyment in, to and over the Common Area, subject to the following provisions:
(a) The right of the Association to reasonably limit the number of guests of Owners using the Common Area facilities, if applicable.
(b) The right of the Association to establish uniform rules and regulation pertaining to the use of the Common Area, including but not limited to the right and obligation of the Association to enforce all parking restrictions within the Common Area set forth herein.
(c) The right of the Association to suspend the voting rights and right to use the Common Area by an Owner for any period during which any assessment against his/her Lot remain unpaid and delinquent; and for a period not to exceed thirty (30) days for any single infraction of the published rules and regulations of the Association, provided that any suspension of such voting rights or right to use the Common Area shall be made only by the Board of Trustees of the Association, after notice and an opportunity for a hearing as provided in the By-lays of the Association.
(d) With the consent of the applicable governmental authorities and subject to the provision of this Declaration, the Association shall have the right to dedicate, release, alienate or transfer all or any part of the Common Area to any governmental entity or, authority for such purposes, and subject to such conditions as may be agreed to by the Members.
(e) The right of the Declarant (and its sales agents, customers, and representatives) to the non-exclusive use of the Common Area and any facilities thereof (if applicable), without charge, for sales, display, access, ingress, egress and exhibit purposes, which right Declarant hereby reserves; provided, however, that such use shall not be for a period of more than two (2) years after the date of recording of this Declaration, as long as Declarant has approval of Weber County.
(f) The right of the Association (by action of the Board of Trustees) to reconstruct, replace or refinish any improvement or portion thereof upon the Common Area, in accordance with the original design, finish or standard of construction of such improvements, or of the general improvements within the Properties, including Weber County requirements, as the case may be, and not in accordance with such original design, finish or standard of construction with the vote or consent of the Owners holding a majority of the voting power of the Association.
(g) The right of the Association to replace destroyed trees or other vegetation and plant trees, shrubs and ground cover upon any portion of the Common Area.

2.2 Deleted in its entirety.

2.3
Easements for Governmental Use. In addition to the foregoing easements over the Common Areas, there shall be, and Declarant hereby reserves and covenants for itself and all future Owners, easement for city, county, state and federal public services, including but not limited to, the right of the police to enter upon any part of the Common Area for the purpose of enforcing the laws and permanent easement in favor of any applicable governmental authority to guarantee that the Common Areas remain perpetually in the use for which intended.

2.4
Waiver of Use. No Owner may exempt himself from personal liability of assessments duly levied by the Association nor release the Lot or other property owned by him from the liens and charges hereof, by waiver of the use and enjoyment of the Common Area and the facilities thereon, or by abandonment of his/her Lot or any other property in the Properties.

2.5 Deleted in its entirety.