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11 BML Covenants 11. DECLARANT'S
RESERVED RIGHTS
11.1 General Rights and Powers. In addition to any rights or
powers reserved to the Declarant under the provisions of this Declaration or
the By-Laws, the Declarant shall have the rights and powers set forth in this
Section. Anything in this Declaration or the By-Laws to the contrary
notwithstanding, the provisions set forth in this Section shall govern. If not
sooner terminated as provided in this Section, the provisions of this Section
shall terminate and be of no further force and effect from and after such time
as the Declarant is no longer vested with or controls title to any Interest in
the Development. å 11.2 Promotion
of project. In
connection with or incidental construction, promotion, sale or rental of any
portion of the Development or any improvements thereof, (a) The Declarant shall have the right and power, within its sole
discretion, to construct such temporary or permanent improvements, or to do
such acts or other things in, on, or to the Common Areas, Community Common
Areas or portions of the Development owned by Declarant as the Declarant may,
from time to time, determine to be necessary or advisable, including, without
limitation, the right to construct and maintain model dwelling units, sales
offices, business offices, parking areas, advertising signs, lighting and
banners, or other promotional facilities at such locations and in such forms as
the Declarant may deem advisable and to store material and equipment used in
connection with the foregoing on the Common Areas, Community Common Areas or
portions of the Development owned by Declarant without the payment of any fee
or charge whatsoever; and (b) Declarant, its agents, prospective purchasers and tenants, shall
have the right of ingress, egress and parking in and through, and the right to
use and enjoy the Common Areas and all Community Common Areas, at any and all
reasonable times without fee or charge. å 11.3 Declarant Control of Association. Notwithstanding any provisions to
the contrary contained in this Declaration, or the Association Documents,
Declarant shall have the right to appoint or remove any director or officer of
the Association until the first of the following occurs: (a) the date as of which ninety percent (90%) of the
Interests in the Development have been conveyed to Owners other than the Declarant;
or (b) the surrender by
Declarant of the authority to appoint and remove directors and officers of the
Association by notice in writing by Declarant to the Board off Directors to
this effect; or (c) a date certain to be established by Declarant at some later time by
a recorded amendment to this Declaration, which amendment shall not require the
approval of the Owners; however, in no event shall the date certain be later
than the date when 90% of the Interests in the Development have been conveyed
as described in (a) above. The date on which the Declarant's rights under this Section shall
terminate shall be referred to as the "Turnover Date." From and after
the Turnover Date, the Board of Directors of the Association shall be
constituted as provided in Section 6.9 and the By-Laws. As provided in Section
6.7, prior to the Turnover Date all of the voting rights at any meeting of the
Association shall be vested exclusively in the Declarant and neither the Owners
nor the Delegates shall have any voting rights. å 11.4 Other Rights. The Declarant shall have the right
and power to execute all documents and do all other acts and things affecting
the Development that, in Declarant’s opinion, are necessary or desirable in
connection with the rights of Declarant under the Declaration. å 11.5 Assignment by Declarant. The Declarant may, by an instrument
in writing, transfer and assign any and all rights and duties hereunder to the
Association or a Community Association and such association shall thereafter
exercise such rights and duties through its Board of Directors or through such
committee as it may elect to appoint. All rights that are specified in this Declaration to be rights of the
Declarant are mortgageable, pledgeable, assignable or transferable. Any
successor to, or assignee of, all of the rights of the Declarant hereunder
(whether as the result of voluntary assignment, foreclosure, assignment in lieu
of foreclosure, or otherwise) shall hold or be entitled to exercise the rights
of Declarant hereunder as fully as if named as such party herein. No such
successor assignee of the rights of Declarant hereunder shall have or incur any
liability for the acts of any other party that previously exercised or
subsequently shall exercise such rights. The Declarant may, from time to time,
convey a portion of the Development to a person who intends to develop and sell
or resell Units ("Successor Developer"). The Declarant may
specifically grant to a Successor Developer some or all of the rights and
powers reserved to the Declarant in this Declaration with respect to the
portion of the Development conveyed to the Successor Developer by so providing
in the deed of conveyance, and such rights and powers shall terminate as
provided in the deed, but no later than such time as the Successor Developer is
no longer vested with or controls title to any part of such portion of the
Development. å 11.6 Protection of Declarant. Notwithstanding any provision of
the Association Instruments to the contrary, for so long as Declarant continues
to hold title to one (1) or more Interests, none of the following actions may
be taken by the Board, the Association, or any Owner other than Declarant,
without the prior written approval of Declarant: (a) levying any Charge against Declarant for any capital
improvements to the Development; and (b) taking any action which would be detrimental to the sale by Declarant of Interests; provided, however, that an increase in the Annual Assessments without discriminating against Declarant shall not be deemed to be detrimental to the sale of Interests. å | ||||||||||||||||||||||||
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