| |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||
Events
|
2 BML Covenants
2.1 Property Subject to Declaration. 2.1.1 Existing Property. The real property which is and
shall be held, transferred, sold, conveyed and occupied subject to this
Declaration consists of that land situated in Luzerne County, Pennsylvania, as
more particularly described in Exhibit A attached hereto, sometimes referred to
herein as the "Existing Property." The Declarant intends to develop
the Existing Property at its sole discretion at any time based upon its
continuing development plan. ć
2.1.2 Added Property. The Declarant shall have the
right, within its sole discretion, at any time and from time, prior to the
Turnover Date, to annex to the Existing Property and to submit to this Declaration
as "Added Property" additional properties, including (i) properties
now or hereafter acquired by it, and, (ii) property of others which is either
abutting the Existing Property (including additions thereto) or which is so
situated that its addition will be reasonably consistent with the uniform
scheme for development set forth in this Declaration. After the Turnover Date,
Declarant may exercise the rights described herein to annex, add and subject
additional portions of the Development to the provisions of this Declaration,
provided that the consent of two-thirds (2/3) of the Delegates is first
obtained. Any Improvements to the Added Property will be consistent with the
Improvements to the Existing Property in quality of construction. In the event that any Added Property is annexed to the
Existing Property pursuant to the provisions of this Section 2.1.2, such Added
Property shall be considered within the definition of the Development for all
purposes of this Declaration. ć 2.2 Supplemental
Declarations. Any such addition as authorized in Section 2.1.2 above may be
made by the filing of record of one or more Supplemental Declarations with
respect to the Added Property. A Supplemental Declaration shall contain a
statement that the real property which is the subject of the Supplemental
Declaration constitutes Added Property which is to become a part of the
Development subject to this Declaration. In addition, a Supplemental
Declaration may contain such additions to or modifications of the provisions
hereof applicable to any Added Property as may be necessary to reflect the
different character, if any, of the Added Property that is the subject of the
Supplemental Declaration, including modifications in the basis of assessments
or amounts thereof. Such Supplemental Declaration shall become effective upon
being recorded in the Office for Recording of Deeds, Luzerne County,
Pennsylvania; provided that, in the event of any conflict between such
additional provisions and the provisions in the Declaration, the provisions of
this Declaration shall control. Additionally, any Supplemental Declaration
shall not remove or reduce any real estate that is described in Exhibit A
immediately prior to the recording of such Supplemental Declaration. ć 2.2.1 Effect of Supplemental Declaration. Upon the recording of a
Supplemental Declaration by Declarant which annexes and subjects Added Property
to this Declaration, as provided in this Section, then: (a) The easements,
restrictions, conditions, covenants, reservations, liens, charges, rights,
benefits and privileges set forth and described herein shall run with and bind
the Added Property and inure to the benefit of and be binding on any Owner
having any Interest in the Added Property in the same manner, to the same
extent and with the same force and effect that this Declaration applies to the
existing Owners having an Interest in the property subjected to this
Declaration prior to the date of the recording of the Supplemental Declaration. (b) Every
Owner of an Interest in Added Property shall be a member of the Association on
the same terms and subject to the same qualifications and limitations as those
members who are Owners immediately prior to the recording of such Supplemental
Declaration. (c) The recording of each Supplemental Declaration shall not alter the
amount of the lien for any Charge made to a Unit or its Owner prior to such
recording. (d) Each Owner of an Interest in Added Property shall be responsible
for the payment of the Association Assessment and Community Assessment
applicable to his Unit, but shall not be responsible for the payment of any
Special Assessment that was levied prior to the time that the Added Property
became subject to assessment under this Declaration. (e) In all other respects, all of the provisions of this Declaration
shall include and apply to the Added Property made subject to this Declaration
by any such Supplemental Declaration and the Owners, Mortgagees of Record, and
lessees thereof, with equal meaning and of like force and effect and the same
as if such Added Property were subjected to this Declaration at the time of the
recording hereof. (f) With
respect to the Added Property, the Declarant shall have and enjoy all rights,
powers and easements reserved by the Declarant in this Declaration, plus any
additional rights, powers and easements set forth in the Supplemental
Declaration. ć 2.3 Effect
on Communities. A Supplemental Declaration may (but need not) (i) make
Added Property part of an existing Community, (ii) designate a part or all of
the Added Property as a new Community or (iii) make Added Property a Community
Common Area within an existing Community or a new Community. If a Supplemental
Declaration makes Added Property part of an existing Community, the Owners of
an Interest in the Added Property shall have the same rights and duties as the
existing Owners of Interests in that Community and shall pay a Community
Assessment in the same manner as all other Owners in such Community. A
Supplemental Declaration may contain a provision which states that no more
Added Property shall be made part of a particular Community, and thereupon
Declarant's right to make Added Property part of the Community under this
Section shall terminate. ć 2. 4 Community
Declarations. Declarant intends, as the Development is developed and
offered for sale, to subject portions thereof to Supplemental Declarations
known as Community Declarations that shall contain specific covenants and
restrictions that apply only to each portion as defined and described in each
such Community Declaration. Such Community Declarations shall be subject to the
provisions hereof so that the Development remains an integrated
development. ć 2.5 Conveyances
Subject to Declaration. All covenants, conditions, restrictions, easements,
reservations, liens, charges, rights, benefits and privileges which are
granted, created, reserved or declared by this Declaration shall be deemed to
be covenants appurtenant to and running with the land and shall at all times
inure to the benefit of and be binding on any Owner of any Interest. Reference
in any deed of conveyance, Membership Certificate, lease, mortgage, trust deed,
other evidence of obligation, or other instrument to the provisions of this
Declaration shall be sufficient to create and reserve all of the covenants,
conditions, restrictions, easements, reservations, liens, charges, rights,
benefits and privileges which are granted, created, reserved or declared by
this Declaration, as fully and completely as though they were set forth in
their entirety in any such document.
ć | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||