Property Rights and Easements
Section 1. Members' Easements of Enjoyment. Subject to the provisions of Section 3 of this Article II, every Member shall have a right and scenic easement of open green space in and to the real property owned by the association which shall be preserved as, and forever so maintained in order that the natural scenic beauty thereof shall be preserved and such easement shall be appurtenant and shall pass with the title to every Building Lot transferred to an Owner.
Section 2. In order to preserve and enhance the real property owned by the Association, said real property shall at all times be maintained in good repair and condition and free from debris and shall be used for appropriate conservation, open space and passive recreational purposes and for no other purposes whatsoever. Said property shall be permanently preserved in its natural state so that the present terrain, heavily wooded areas, and bodies of water thereon shall remain and shall be considered in park area. This easement and restriction shall run with the land.
Section 3. Extent of Members' Easements. The rights and easements granted Members hereby shall be subject to the following:
(a) The right of the Town of New Castle to maintain said real property in the condition described in the preceding Section 2, if it so desires, and to charge the costs of such maintenance to the Members of the Association in accordance with the Article IV hereof.
(b) The right of the Town of New Castle at its election, to utilize the real property, or any portion thereof, for flood control and/or the installation of storm and/or sanitary sewer lines, utilities, and fire lanes therein.
(c) The right of the Association to suspend the enjoyment rights of any Member for any period during which any assessment remains unpaid or for any infraction of any published rules and regulations.
(d) The right of the Association to dedicate or transfer all or any part of the real property owned by the Association to any public agency, authority or utility for such purposes and subject to such conditions as may be mandated by the Town of New Castle.
(e) The easements and restrictions contained in the deeds conveying the real property to the Association.
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Maintenance and Operation of Real Property and Covenant for Assessments Therefor
Section 1. Operation and Maintenance of Real Property. Commending on the date of conveyance of the first Building Lot, the Association shall operate and maintain the Real Property at its sole expense.
Section 2. Assessments. (a) Commencing on the date of conveyance of the first Building Lot, and each calendar year thereafter, each owner of any Building Lot, hereby covenants, and each subsequent Owner of any such Building Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance shall be deemed to covenant and agree, to pay the Association: (1) annual assessments (maintenance charges), and (2) special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided.
(b) The assessments levied by the Association shall be used exclusively for the maintenance and preservation of the real property and its use in accordance with Article III hereof, including, but no limited to, the payment of taxes and insurance premiums, if any, any repair, replacement and additions to the real property, the cost of labor, equipment, materials, management and supervision of the real property, or for creating reserves for such purposes, all of which obligations the Association hereby assumes as of the date of conveyance of title of the Real Property to the Association.
Section 3. Amount and Payment of Annual Assessment. The Association shall from time to time fix the amount of the annual assessment at a sum sufficient to pay the anticipated costs of maintaining and preserving the Real Property as herein above set forth, and any operating deficits previously sustained. The proportionate share of Association's aggregate assessment, or of the charge levied by the Town of New Castle pursuant to its rights as set forth in Article III, Section 3 (a), chargeable to each Building Lot shall be 1/32nd of said assessment. An Owner's annual obligation shall be payable in equal monthly installments, in advance, on the first day of each calendar month commencing on the first day of the month after the Owner takes title to his Building Lot.
Section 4. Duties of the Board of Directors. In the event of any change in the annual assessments as set forth above, the Board of Directors of the Association shall fix the date of commencement and the amount of the assessment against each Building Lot for each assessment period at least thirty days in advance of such date or period and shall at that time, prepare a roster of the Building Lots and assessments applicable thereto, which shall be kept in the office of the Association and shall be open to inspection by any Owner.
Written notice of the assessment shall thereupon be sent to every Owner subject thereto.
The Association shall, upon demand at any time, furnish to any Owner liable for said assessment, a certificate in writing, signed by an officer of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.
Section 5. Non-Payment of Assessment. The Personal Obligation of the Owner; The Lien and Remedies of Association. Every assessment, together with such interest thereon and the cost of collection thereof as are here in provided, from the time made and until it is paid, shall constitute and continue as a lien on each Building Lot, and also shall be a personal obligation of the Owner of the Building Lot on the date when such assessment is due and payable, but the personal obligation for assessments made but unpaid shall not thereafter pass to the Owner's successors in title unless responsibility therefor shall be assumed by them in writing. If any such assessment is not paid within thirty days after the date upon which it is due and payable, such assessment shall bear interest from the date on which it was due and payable at the rate of six percent per annum.
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