Common use of HOMEOWNERS ASSOCIATION Clause in Contracts

HOMEOWNERS ASSOCIATION. Every person or entity who is the record owner of a fee or undivided fee interest in any building site that is subject to this Declaration shall be deemed to have membership in the North Lake Shore Homeowners' Association. The foregoing is not intended to include person who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the owner's membership. No owner, whether one or more persons, shall have more than one membership per building site. In the event of multiple owners of a building site, vote and rights of use and enjoyment shall be as provided herein. Membership shall be appurtenant to and may not separated from ownership of any building site. Ownership of a building site shall be the sole qualification for membership. The rights and privileges of membership, including the right to vote and to hold office may be exercised by a member or the member's spouse, but in no event shall more than one vote be cast nor office hold for each building site The Developer shall incorporate the North Lake Shore Homeowners' Association end shall draft, execute and file Articles of Incorporation and By-Laws for the Homeowners' Association consistent with the terms and conditions of this Declaration. Membership in the North Lake Shore Homeowners' Association shall become automatically effective upon the sale or the last lot or building site in North Lake Shore Subdivision, Second Addition, or at such earlier time as the Developer shall elect, at Developer's sole option. The Developer reserves the right to add building sites and memberships located in additional contiguous property to membership in the North Lake Shore Homeowners Association as additional plats, of any, are added to North Lake Shore Subdivision. Any such new members shall be subject to the Same rights and obligations with respect to membership in the Homeowners' Association as all current members at the time any such addition is made. Except as specifically provided otherwise herein, each owner of a building site shall be liable for his proportionate share of the coat (based upon the percentage of all lots owned by an owner as to the total number of lots then subject to the provisions of this Declaration) for the proper maintenance of water retention facilities, drainage facilities and boulevards within the entire North Lake Shore Subdivision, which water retention facilities, Drainage facilities and boulevards are described below and which may be added to from time to time to include additional water retention facilities, drainage facilities and boulevards upon completion and inclusion of additional plats in the subdivision under these or subsequent protective covenants. Costs and fees shall be assessed by the Developer or Homeowners' Association based upon actual or reasonable projected costs for maintenance of the water retention facilities, drainage facilities and boulevards and payment thereof shall be mandatory. Any maintenance fee assessed by Developer or by the Homeowners' Association and not paid within thirty

HOMEOWNERS ASSOCIATION. Every person or entity who is the record owner of a fee or undivided fee interest in any building site that is subject to this Declaration shall be deemed to have membership in the North Lake Shore Homeowners' Association. The foregoing is not intended to include person who hold holds an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the owner's membership. No owner, whether one or more persons, shall have more than one membership per building site. In the event of multiple owners of a building site, vote and rights of use and enjoyment shall be as provided herein. Membership shall be appurtenant to and may not be separated from ownership of any building site. Ownership of a building site shall be the sole qualification for membership. The rights and privileges of membership, including the right to vote and to hold office may be exercised by a member or the member's spouse, but in no event shall more than one vote be cast nor office hold held for each building site site. The Developer shall has incorporate the North Lake Shore Homeowners' Association end shall draftand has, execute and file Articles of Incorporation and By-Laws for the Homeowners' Association consistent with the terms and conditions of this Declaration. Membership in the North Lake Shore Homeowners' Homeowners Association shall become automatically effective upon the sale or of the last lot or building site in North Lake Shore Subdivisionsubdivision, Second Addition, or at such earlier time as the Developer shall elect, at Developer's sole option. The Developer reserves the right to add building sites and memberships located in additional contiguous property to membership in the North Lake Shore Homeowners Association as additional plats, of if any, are added to North Lake Shore Subdivision. Any such new members shall be subject to the Same same rights and obligations with respect to membership in the Homeowners' Homeowners Association as all current members at the time any such addition is made. Except as specifically provided provided, otherwise herein, each owner of a building site shall be liable for his proportionate share of the coat cost (based upon the percentage of all lots owned by an owner as to the total number of lots then subject to the provisions of this Declaration) for the proper maintenance of water retention facilities, drainage facilities and boulevards within the entire North Lake Shore Subdivision, which water retention facilities, Drainage drainage facilities and boulevards are described below and which may be added to from time to time to include additional water retention facilities, drainage facilities and boulevards upon completion and inclusion of additional plats in the subdivision under these or subsequent protective covenants. Costs and fees shall be assessed by the Developer or Homeowners' Association based upon actual or reasonable projected costs for maintenance of the water retention facilities, drainage facilities and boulevards and payment thereof shall be mandatory. Any maintenance fee assessed by Developer or by the Homeowners' Association and not paid within thirtythirty (30) days of its assessment shall constitute a lien upon the property of the delinquent owner which lien shall be subject to enforcement of foreclosure in accordance with the provisions of Illinois law. Xxxxxxxxx agrees that for one (1) year from the date of the recording of this instrument it will maintain the easement areas in North Lake Shore Subdivision, Ninth Addition. After one (1) year, the maintenance of the easement areas shall be performed by the Homeowners' Association. Owners of individual building sites or portions thereof shall mow, landscape or otherwise maintain the surface of utility easements located upon their property. Any utility easements not located upon the property of an individual building site owner shall be mowed, landscaped and maintained by the Developer or, after one (1) year from the date of recording of this instrument, by the Homeowners' Association. The easement areas to be maintained by the Developer or the Homeowners Association referred to above are as follows: A. The entrance areas of North Lake Shore Subdivision, including the center isle and the planting areas on any of the entrances. B. Water retention facilities where constructed. C. Boulevards where constructed. D. Utility easements not located upon any individual building site or privately owned parcels. After twelve (12) months from the date of completion of construction of water retention facilities, or upon incorporation, whichever shall later occur, the Homeowners' Association shall have the obligation to maintain all water retention facilities, drainage facilities and boulevards in accord with the requirements of applicable ordinances of the City of Springfield, Illinois. The Developer shall not be required to construct any water retention facilities upon property located within the North Lake Shore Subdivision, Ninth Addition, or any Plat of North Lake Shore Subdivision subsequently included under this declaration unless such water retention facilities are required by the City of Springfield at the time of Plat approval. If water retention facilities are required by the City of Springfield or any other entity subsequent to plat approval, the responsibility for construction and payment therefor shall be at the sole expense of the Homeowners' Association.

HOMEOWNERS ASSOCIATION. Every person or entity who 7.1 It is recorded that the homeowners association has been established for the benefit of all owners of xxxxx at the estate to provide for the orderly control and management of the estate and the maintenance of the common services and infrastructure comprised therein. 7.2 The purchaser shall become a member of the Village HOA (The Village at Hoedspruit Wildlife Estate Homeowners Association NPC) and Hoedspruit Wildlife Estate NPC (HWE) against transfer of the property and shall be bound to remain a member for as long as the purchaser is the record registered owner thereof. The seller shall be entitled to procure that the following conditions of title are inserted in the deed of transfer in terms of which the purchaser takes title to the property: 7.2.1 SUBJECT TO THE FOLLOWING CONDITIONS IMPOSED BY THE TRANSFEROR IN HIS CAPACITY AS OWNER / DEVELOPER OF THE ABOVEMENTIONED PROPERTY AND ENFORCEABLE BY THE VILLAGE HOME OWNER’S ASSOCIATION NPC, REGISTRATION NUMBER 7.2.1.1 Every owner of a fee the erf or undivided fee any subdivision thereof or any interest in therein or any building site that is subject to this Declaration shall be deemed to have membership unit thereon as defined in the North Lake Shore Homeowners' Association. The foregoing is not intended to include person who hold an interest merely as security for the performance of an obligation, sectional titles act shall become and the giving of a security interest shall not terminate the owner's membership. No owner, whether one or more persons, shall have more than one membership per building site. In the event of multiple owners of a building site, vote and rights of use and enjoyment shall be as provided herein. Membership shall be appurtenant to and may not separated from ownership of any building site. Ownership of a building site shall be the sole qualification for membership. The rights and privileges of membership, including the right to vote and to hold office may be exercised by remain a member or the member's spouse, but in no event shall more than one vote be cast nor office hold for each building site of The Developer shall incorporate the North Lake Shore Homeowners' Association end shall draft, execute and file Articles of Incorporation and By-Laws for the Homeowners' Association consistent with the terms and conditions of this Declaration. Membership in the North Lake Shore Homeowners' Association shall become automatically effective upon the sale or the last lot or building site in North Lake Shore Subdivision, Second Addition, or Village HOA (The Village at such earlier time as the Developer shall elect, at Developer's sole option. The Developer reserves the right to add building sites and memberships located in additional contiguous property to membership in the North Lake Shore Hoedspruit Wildlife Estate Homeowners Association as additional plats, of any, are added to North Lake Shore Subdivision. Any such new members shall NPC) and be subject to the Same rights its constitution and obligations with respect Rules and Regulations until he ceases to membership in the Homeowners' Association as all current members at the time any such addition is made. Except as specifically provided otherwise herein, each owner of a building site shall be liable for his proportionate share of the coat (based upon the percentage of all lots owned by an owner as aforesaid. 7.2.1.2 Neither the erf nor any subdivision thereof no any interest therein shall be transferred to a person who has not bound himself to the total number satisfaction of lots then subject such association to become a member of the homeowners association. 7.2.1.3 The owner of the erf or any subdivision thereof, or any interest therein, shall not be entitled to transfer the erf or any subdivision thereof or any interest therein without a clearance certificate from The Village HOA (The Village at Hoedspruit Wildlife Estate Homeowners Association NPC) that the owner has complied with the provisions of this Declaration) for the proper maintenance Memorandum of water retention facilitiesIncorporation of the said homeowners association. 7.2.2 SUBJECT TO THE FOLLOWING CONDITIONS IMPOSED BY THE TRANSFEROR IN HIS CAPACITY AS OWNER / DEVELOPER OF THE ABOVEMENTIONED PROPERTY AND ENFORCEABLE BY THE HOEDSPRUIT WILDLIFE HOME OWNER’S ASSOCIATION NPC, drainage facilities and boulevards within REGISTRATION NUMBER 7.2.2.1 EVERY owner of the entire North Lake Shore Subdivision, which water retention facilities, Drainage facilities and boulevards are described below and which may be added to from time to time to include additional water retention facilities, drainage facilities and boulevards upon completion and inclusion of additional plats erf or any subdivision thereof or any interest therein or any unit thereon as defined in the sectional titles act shall become and shall remain a member of The Hoedspruit Wildlife Estate Homeowners Association NPC and be subject to its constitution and Rules and Regulations until he ceases to be an owner as aforesaid. 7.2.2.2 Neither the erf nor any subdivision under these or subsequent protective covenants. Costs and fees thereof no any interest therein shall be assessed transferred to a person who has not bound himself to the satisfaction of such association to become a member of the homeowners association. 7.2.2.3 The owner of the erf or any subdivision thereof, or any interest therein, shall not be entitled to transfer the erf or any subdivision thereof or any interest therein without a clearance certificate from The Hoedspruit Wildlife Estate HOA NPC that the owner has complied with the provisions of the Memorandum of Incorporation of the said homeowners association. 7.2.3 The Seller confirms that copies off the following documentation are available for inspection by the Purchaser at the relevant estate agent’s offices: 7.2.3.1 The Village Memorandum of Incorporation; 7.2.3.2 The Village Conduct Rules; 7.2.3.3 The Village Architectural Guidelines; 7.2.3.4 Hoedspruit Wildlife Estate Memorandum of Incorporation; 7.2.3.5 Hoedspruit Wildlife Estate Conduct Rules; 7.2.3.6 Hoedspruit Wildlife Estate Architectural Guidelines. 7.2.4 The purchaser confirms that he has inspected said documents prior to signing the deed of sale. The Purchaser will be provided with copies of same by the Developer or Homeowners' Association based upon actual or reasonable projected costs for maintenance of the water retention facilities, drainage facilities and boulevards and payment thereof shall be mandatory. Any maintenance fee assessed by Developer or by the Homeowners' Association and not paid within thirty/ Seller on request.

HOMEOWNERS ASSOCIATION. Every person (a) The Manager may at its sole discretion at any time as it deems fit assist the purchasers within the Project to established a homeowners association to take over the functions of the Manager set out in this Deed upon fifty one percent (51%) of the lots comprised in the Project being transferred to the respective purchasers in accordance with their respective sale and purchase agreements with the Proprietor. (b) The Purchaser acknowledges that the Homeowners Association, if established and comprising the purchasers within the Project, constitutes the medium through which the purchasers including the Purchaser can actively participate or entity who is contribute towards the record owner upkeep and maintenance of the Project as an exclusive community style residential estate. (c) The homeowners association if established herein shall be a mutual benefit society established under the Societies Act, 1966. The constitution or rules of the homeowners association shall contain provisions for all matters set out in Schedule II of the Societies Act 1966 and shall be in such form as approved by the Registrar of Society. The Purchaser together with all the Other Purchasers shall become members of the homeowners association. (d) Upon the formation of the homeowners association: (i) except for any rights and benefits accrued or herein specifically reserved to the Manager, the functions of the Manager set out in this Deed, particularly in relation to the provision of the Services, shall be taken over and assumed by the homeowners association; (ii) the Manager shall deliver to the homeowners association all correspondence and contracts in respect of any assets purchased by the Manager, if any, for the enjoyment in common of all the other owners and occupiers residing within the Project; (iii) the homeowners association may if it deems necessary collect from its members such charges or contributions for managing and maintaining the homeowners association, the provision of the Services including but not limited to the setting up of a fee maintenance and/or sinking fund for the Project; and (iv) the homeowners association may if it deems fit engage the Manager as independent contractors to provide the Services or undivided fee interest in other additional services and to upkeep and maintain the Project. (e) Upon the expiry of the Maintenance Period, the Manager is entitled at its sole discretion to revise, amend, vary, substitute or delete providing any building site that is subject to this Declaration shall be deemed to have membership in part or all of the North Lake Shore Homeowners' Association. The foregoing Services, Community Area and/or Facilities. (f) If the Homeowners Association is not intended to include person who hold an interest merely as security for formed by the performance Purchaser and the Other Purchasers upon the expiry of an obligationthe Maintenance Period, and the giving of a security interest shall not terminate Manager declines to continue managing the owner's membership. No ownerProject at its sole discretion, whether one or more persons, shall have more than one membership per building site. In the event of multiple owners of a building site, vote and rights of use and enjoyment shall Purchaser acknowledges that the residential estate will be as provided herein. Membership shall be appurtenant to and may not separated from ownership of any building site. Ownership of a building site shall be maintained solely by the sole qualification for membership. The rights and privileges of membership, including the right to vote and to hold office may be exercised by a member or the member's spouse, but in no event shall more than one vote be cast nor office hold for each building site The Developer shall incorporate the North Lake Shore Homeowners' Association end shall draft, execute and file Articles of Incorporation and By-Laws for the Homeowners' Association consistent with the terms and conditions of this Declaration. Membership in the North Lake Shore Homeowners' Association shall become automatically effective upon the sale or the last lot or building site in North Lake Shore Subdivision, Second Addition, or at such earlier time as the Developer shall elect, at Developer's sole option. The Developer reserves the right to add building sites and memberships located in additional contiguous property to membership in the North Lake Shore Homeowners Association as additional plats, of any, are added to North Lake Shore Subdivision. Any such new members shall be subject Public Authorities according to the Same rights authorities’ general duties and obligations with respect to membership in the Homeowners' Association as all current members at the time any such addition is made. Except as specifically provided otherwise herein, each owner standards of a building site shall be liable for his proportionate share of the coat (based upon the percentage of all lots owned by an owner as to the total number of lots then subject to the provisions of this Declaration) for the proper maintenance of water retention facilities, drainage facilities and boulevards within the entire North Lake Shore Subdivision, which water retention facilities, Drainage facilities and boulevards are described below and which may be added to from time to time to include additional water retention facilities, drainage facilities and boulevards upon completion and inclusion of additional plats in the subdivision under these or subsequent protective covenants. Costs and fees shall be assessed by the Developer or Homeowners' Association based upon actual or reasonable projected costs for maintenance of the water retention facilities, drainage facilities and boulevards and payment thereof shall be mandatory. Any maintenance fee assessed by Developer or by the Homeowners' Association and not paid within thirtymaintenance.

HOMEOWNERS ASSOCIATION. Every person or entity who 22.1 It is an express condition of this agreement that:- 22.1.1 The PURCHASER on becoming the record registered owner of the PROPERTY, or a fee sub-division or undivided fee interest in consolidation thereof, or the holder of any building site that is surface right herein, or the owner of any sectional title unit or member of a shareblock scheme on the PROPERTY shall become and shall remain a member of the ROYAL VICTORIA HOMEOWNERS ASSOCIATION (a Section 21 Company) ("the Home Owners Association") or such name as the Registrar of Companies may approve and be subject to this Declaration shall its Memorandum and Articles of Association, until he ceases to be deemed such registered owner. 22.1.2 The PURCHASER acknowledges that in addition to have membership the conditions referred to above or imposed by the local authority, it may be required that the following condition is inserted in the North Lake Shore Homeowners' Association. The foregoing is not intended Deed of Transfer of the PROPERTY to include person who hold an interest merely as security for be registered in the performance PURCHASER’S name:- “Every owner of an obligation, the erf or sectional title unit shall become and the giving of a security interest shall not terminate the owner's membership. No owner, whether one or more persons, shall have more than one membership per building site. In the event of multiple owners of a building site, vote and rights of use and enjoyment shall be as provided herein. Membership shall be appurtenant to and may not separated from ownership of any building site. Ownership of a building site shall be the sole qualification for membership. The rights and privileges of membership, including the right to vote and to hold office may be exercised by remain a member or of the member's spouse, but in no event shall more than one vote be cast nor office hold for each building site The Developer shall incorporate the North Lake Shore Homeowners' Home Owners’ Association end shall draft, execute and file Articles of Incorporation and By-Laws for the Homeowners' Association consistent with the terms and conditions of this Declaration. Membership in the North Lake Shore Homeowners' Association shall become automatically effective upon the sale or the last lot or building site in North Lake Shore Subdivision, Second Addition, or at such earlier time as the Developer shall elect, at Developer's sole option. The Developer reserves the right to add building sites and memberships located in additional contiguous property to membership in the North Lake Shore Homeowners Association as additional plats, of any, are added to North Lake Shore Subdivision. Any such new members shall be subject to the Same rights Home Owners’ Association’s Memorandum and obligations with respect Articles of Association, until he/she ceases to be an owner of an erf or sectional title unit. Neither the erf or sectional title unit or any interest therein shall be transferred to any person who has not bound him/herself to the satisfaction of the Home Owners Association to become a member of the Home Owners’ Association.” “The owner of the erf or sectional title unit or any person having an interest therein shall not be entitled to dispose or transfer the erf, sectional title unit or any interest therein without consent from the Home Owners’ Association that the provisions of the Memorandum and Articles of Association of the Home Owners’ Association have been complied with. The term ‘Home Owners’ Association’ in the aforesaid condition of title shall mean the Royal Victoria Home Owners Association or any such name approved by the Registrar of Companies, being a Section 21 Company." 22.1.3 The PURCHASER hereby undertakes to sign all such documents and to do all things necessary as the SELLER may reasonably require for the purpose of imposing the aforementioned conditions on the title deeds of the PROPERTY. 22.2 The SELLER shall remain and retain membership in the Homeowners' Home Owners Association in the number of memberships representing the unsold stands in the TOWNSHIP i.e. (one membership per unsold stand/erf and per unsold sectional title unit) provided that the SELLER shall during the PROJECT PERIOD, in addition have one vote for each erf and each sectional title unit which has been sold or transferred into the name of third parties. 22.3 Notwithstanding the SELLER retaining ownership of the unsold stands, as described in 22.2, the SELLER shall at no stage pay or become liable for the payment of any fees, charges or membership levies otherwise payable to the Home Owners Association. 22.4 As and when the SELLER no longer owns any xxxxx or sectional title units, the SELLER shall resign from being a member of the Home Owners Association. 22.5 The PURCHASER acknowledges that he/she has been advised that the Home Owners’ Association will acquire from the SELLER certain xxxxx which will be utilized for private open spaces, roads for the purpose of erecting a gate/guard house and controlling entrances for ingress and egress and any other purposes as stipulated from time to and time and that the Home Owners Association shall be and remain responsible for all costs relating to the same including but not limited to the upkeep, payment of municipal charges levied against such properties, the maintenance thereof and the care of the fauna and flora, the upkeep and maintenance of the town which forms part of the DEVELOPMENT and all charges relating to the same as well as the costs of all staff and/or security services to be provided, without exception. 22.6 If the PURCHASER is by Law prohibited from becoming a member of the Home Owners Association, the PURCHASER shall, irrespective of such prohibition in all its aspects comply with, conform and act according to the rules of the Home Owners Association as if being a formal member thereof. 22.7 With regards the compulsory membership of the Home Owners Association, the PURCHASER specifically agrees:- 22.7.1 To conform to and comply with the Memorandum and Articles of Association of the Home Owners Association; 22.7.2 Not to sell the PROPERTY to any person unless a provision is incorporated in such agreement of sale that the new purchaser of the PROPERTY acknowledges that he/she is aware of the Home Owners Association and that such purchaser shall be obliged, on receiving transfer of the PROPERTY, to become and be a compulsory member of the Home Owners Association and be subject to all current members at the time any such addition is made. Except as specifically provided otherwise hereinobligations, rules and the Memorandum and Articles of Association of the Home Owners Association required from each owner member. 22.8 As from the date of a building site transfer the PURCHASER shall be liable for his proportionate share of the coat (based upon the percentage of all lots owned by an owner as payment to the total number Home Owners Association of lots then subject to a monthly levy as determined by the provisions Home Owners Association through its board of this Declaration) for the proper maintenance of water retention facilities, drainage facilities and boulevards within the entire North Lake Shore Subdivision, which water retention facilities, Drainage facilities and boulevards are described below Directors and which may be added to from time to time to include additional water retention facilities, drainage facilities and boulevards upon completion and inclusion of additional plats in the subdivision under these or subsequent protective covenants. Costs and fees levy shall be assessed by the Developer or Homeowners' Association based upon actual or reasonable projected costs for maintenance of the water retention facilitiesutilised, drainage facilities and boulevards and inter alia towards payment thereof shall be mandatory. Any maintenance fee assessed by Developer or by the Homeowners' Association and not paid within thirtyof:-

HOMEOWNERS ASSOCIATION. Every person or entity who is A Homeowners’ Association called Kensington Place Home Owners’ Association, Inc. (the record owner Association)@, has been formed for the Lot Owners which has articles of a fee or undivided fee interest incorporation recorded in any building site that is subject to this Declaration real property book 4419 page 471 of the Mobile County, Alabama Probate Court Records. All Lot Owners of Kensington Place and Kensington Place 1st Addition shall be deemed to have membership in members of the North Lake Shore Homeowners' Association. The foregoing is not intended to include person who hold an interest merely Except as security otherwise provided for in this document the performance of an obligation, and the giving of a security interest shall not terminate the owner's membership. No owner, whether one or more persons, shall have more than one membership per building site. In the event of multiple owners of a building site, vote and rights of use and enjoyment shall be as provided herein. Membership shall be appurtenant to and may not separated from ownership of any building site. Ownership of a building site shall be the sole qualification for membership. The rights and privileges of membership, including the right to vote and to hold office may be exercised by a member or the member's spouse, but in no event shall more than one vote be cast nor office hold for each building site The Developer shall incorporate the North Lake Shore Homeowners' Association end shall draft, execute and file Articles of Incorporation and By-Laws of Kensington Place Home Owners’ Association, Inc., shall be adopted by each Lot Owner in Kensington Place 1st Addition. Among the purposes of such organization shall be the establishment of rules and policies with respect to the use and maintenance of all Common Areas (including but not limited to all detention areas). The Association’s responsibilities shall include maintenance of any landscaping or fencing, maintenance of decorative lights within the Common Areas, if any, and maintaining all Common Areas as shown on the recorded plat; and, to pay all costs (including utility charges) incurred in the maintenance and landscaping of said Common Areas (including plants, irrigation systems, and subdivision name signs). All Lot Owners of future units in Kensington Place Subdivision, if any, shall be members of the Association, at the sole option of the Developer. Each owner of any Lot, and its heirs, successors, transferees, and assigns, by acceptance of a deed to such a Lot, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to abide by and be governed by the Articles of Incorporation of the Association and its By-Laws and to pay to the Association the following. a. Annual General Assessments as herein described; and, b. Special Assessments for capital improvements, repairs or other expenses which exceed the Annual General Assessment as described; and all such assessments, together with interest thereon and the costs of collection thereof, including a reasonable attorney's fee as hereinafter provided, shall be the personal obligation of such Lot owner and shall be a charge and a lien on each Lot and improvements against which each such assessment is made. Each year the Board of Directors of the Association shall estimate the cost of maintenance of the Common Areas and such other expenses as it deems necessary for its operations. Such estimate shall be deemed the Annual General Assessment. The Annual General Assessment levied by the Association shall be used exclusively for the Homeowners' maintenance, repair, replacement, beautification, landscaping, property taxes and costs of operation of the Common Areas (including, but not limited to, the maintenance and repair of the Detention Area(s), other property owned by the Association, insurance (as determined by the Board of Directors for the Association), and, if any: irrigation systems, property signage and lighting (not maintained by public utility companies), and such other expenses related thereto as deemed necessary, such as for example the expense of clerical assistance incurred in maintaining the records and operation of the Association. From time to time, the Association consistent may determine the cost of necessary capital improvements, major repairs and necessary expenses not provided for in the Annual General Assessment. Such costs shall be deemed a Special Assessment. Except as herein stated, each Lot of the said subdivision, whether improved or unimproved, shall be assessed its pro rata share of the Annual General Assessment and any Special Assessment in accordance with the terms and conditions of this Declaration. Membership formula set forth in the North Lake Shore Homeowners' Articles of Incorporation of the Association. The following property, individuals, partnerships, or corporations subject to this Declaration shall be exempted from the assessments, charges and lien created herein; the Developer (XxXxxxxx, Inc., and its affiliated companies and its affiliated builders, including Xxxx Xxxxxx Homes, Ltd., H&P Limited, Xxxx Xxxxxx Construction Company, Inc., and any other Xxxx Xxxxxx builders designated) and any Lot(s) owned by the Developer; however, until the Developer is no longer an Owner of a Lot within the Property, the Developer or its affiliated builders, will maintain at Lots owned by approved or affiliated Builders shall not pay more than $50.00 per lot during the first year of ownership and after the first year of ownership the lot owner shall pay full dues and assessments. Each Lot Owner, except as stated above, shall commence to pay the Annual General Assessment in the amount existing from time to time as determined by the Board of Directors upon the first event to occur of: 1. First (1st) day of the month following the purchase of a completed home on a Lot; or, 2. One Hundred Eighty (180) days after the purchase of a Lot. Upon the first of the above described events occurring, the Lot Owner will then owe and pay to the Association a pro rata amount of the assessment then existing based upon the time remaining during which such assessment shall be in effect. A vote of two-thirds of the Board of Directors of the Association shall fix the Annual General Assessment and any Special Assessment upon the basis provided above. The Board shall set the date each such assessment shall become automatically due and may provide for the collection of the assessments in monthly, quarterly or annual installments, provided, however, that upon default in the payment of any one or more installments, the entire balance of said assessment may, at the option of the Board, in its sole discretion, be accelerated and declared to be due and payable in full. The lien for unpaid assessments shall be effective from and after the time of recording in the Records of the Office of the Judge of Probate, Mobile County, Alabama, a claim of lien stating the Lot number, the name of the record owner, the amount due and the date when due. Such claim of lien shall include only sums which are due and payable when the claim of lien is recorded and shall be signed and certified by an officer of the Association. Upon full payment of all sums secured by the lien , the party making payment shall be entitled to a recorded satisfaction of lien. All Association liens shall be subordinate to any lien for taxes, the lien of any mortgage of record and any other lien recorded prior to the time of recording of the claim of lien filed by the Association. Upon any voluntary conveyance of a Lot, the grantor and grantee of such Lot shall be jointly and severally liable to the Association for all unpaid assessments accrued up to the date of such conveyance without prejudice to the right of the grantee to recover from the grantor any such amounts. Any Lot owner, prospective purchaser of a Lot, or holder of a mortgage or other lien on any Lot may, at any time, obtain from the Association a certificate showing the amount of unpaid assessments pertaining to such Lot. The Association shall provide such certificate within ten (10) days after request therefor. Any person, other than the Lot owner, at the time of issuance of any such certificate, may rely upon such certificate, and his liability for unpaid assessments shall be limited to the amounts set forth in such certificate. Any entity, its successors and assigns, obtaining title to a Lot as a result of foreclosure of a first mortgage or vendor's lien shall not be liable for assessments which became due prior to the foreclosure. Such unpaid share of assessments shall be deemed to be an expense of the Association to be collected as part of a future Special Assessment. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at a percentage rate established by resolution of the Board of Directors with notice of such rate to be given to each Lot owner in a manner to be designated by said Board. The Association may bring an action at law against the owner personally or may foreclose the lien created by the terms hereof in accordance with the statutes and laws of the State of Alabama then in effect for the foreclosure of real estate mortgages and shall have the right to sell said property at public outcry at the front door of the Courthouse of Mobile County, for cash to the highest bidder, giving notice of the time, place and terms of said sale, together with a description of said property to be sold, by an advertisement published once a week for three (3) consecutive weeks in a newspaper published in said county; to make proper conveyance to the purchaser in the name of the Lot owner; and the proceeds of said sale to apply first to the payment of the costs of said sale, including a reasonable attorney's fee; second to the payment of the amount of said assessment, whether due or not, with the unpaid interest thereon to the date of sale, and any amount that may be due the Association by virtue of the special liens herein declared; and, third, the balance, if any, to pay over to the said Lot owner. At any sale under the powers herein stated, the Association may bid for and purchase said property like a stranger thereto, and in the event the Association should become the purchaser at said sale, either the auctioneer conducting the sale or the last lot or building site Association may execute a deed to the Association in North Lake Shore Subdivision, Second Addition, or at such earlier time as the Developer name of the Lot owner. Proceeding against the owner personally shall elect, at Developer's sole option. The Developer reserves not be deemed a waiver of the right to add building sites and memberships located in additional contiguous property to membership in foreclose the North Lake Shore Homeowners Association as additional plats, lien. No owner may escape liability for assessments provided for herein by the abandonment or transfer of any, are added to North Lake Shore Subdivisionsuch owner's Lot. Any such new members shall be subject to the Same rights and obligations with respect to membership in the Homeowners' Association as all current members at the time any such addition is made. Except as specifically provided otherwise herein, each owner of a building site shall be liable for his proportionate share of the coat (based upon the percentage of all lots owned by an owner as to the total number of lots then subject Subject to the provisions of this Declaration) for , the proper maintenance rules and regulations of water retention facilitiesthe Association, drainage facilities and boulevards within any fees or charges established by the entire North Lake Shore SubdivisionAssociation, which water retention facilitiesevery Member and every Guest or lessee of such Member shall have an easement of enjoyment in and of the Common Areas, Drainage facilities and boulevards are described below and which may be added to from time to time to include additional water retention facilities, drainage facilities and boulevards upon completion and inclusion of additional plats in the subdivision under these or subsequent protective covenants. Costs and fees such easement shall be assessed appurtenant to and shall pass with the title to every Lot. A member’s or Xxxxxx’s spouse and children who reside with such Member or Xxxxxx on the Property shall have the same easement of enjoyment hereunder as a Member. The easement of enjoyment herein shall pass from a Member to a Lessee during the lease term; provide, however, the Association may adopt additional restrictions to its rules and regulations limiting the easement of enjoyment of guest and Lessees, including but not limited to the specification of minimum lease terms, the number of guests allowed, or the prohibition or use by the Developer Lessees or Homeowners' Association based upon actual or reasonable projected costs for maintenance guests of the water retention facilities, drainage facilities and boulevards and payment thereof shall be mandatory. Any maintenance fee assessed by Developer or by the Homeowners' Association and not paid within thirtyspecific properties.

HOMEOWNERS ASSOCIATION. Every person or entity who is 14.1 The Purchaser acknowledges that all owners of properties within the record development known as Bird Valley Estate are obliged to be members of the Bird Valley Estate Homeowners' Association No. 2008/015810/08 (incorporated under Section 21 of the Companies Act) ("the Homeowners' Association"), and all members thereof shall be obliged to pay levies as referred to herein to the Homeowners' Association. All of the reasonable costs incurred in becoming a member of the Homeowners' Association shall be borne by the Purchaser and which shall be paid to the Conveyancers on request. 14.2 The Homeowners' Association will be the registered owner of a fee or undivided fee interest in any building site that is subject to this Declaration shall be deemed to have membership all of the common property in the North Lake Shore development and as indicated on the Layout Plan, and which includes internal roads, paths, security fences and sewerage works and the like and is obliged to maintain these services at the cost of the Homeowners' Association. The foregoing is not intended to include person who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the owner's membership. No owner, whether one or more persons, shall have more than one membership per building site. In the event of multiple owners of a building site, vote and rights of use and enjoyment shall be as provided herein. Membership shall be appurtenant to and may not separated from ownership of any building site. Ownership of a building site shall be the sole qualification for membership. The rights and privileges of membership, including the right to vote and to hold office may be exercised by a member or the member's spouse, but in no event shall more than one vote be cast nor office hold for each building site The Developer shall incorporate the North Lake Shore Homeowners' Association end exists furthermore for the purposes of promoting, advancing and protecting the communal and group interests of its members and for which purpose levies are payable by members. The Purchaser acknowledges that there shall draftbe created against the Title Deed under which the Purchaser obtains registration of transfer the Property, execute a condition that the property may not be transferred without the consent of the said Homeowners' Association. The said consent shall not be granted unless the seller of the property discharges all arrear levies up to date of transfer and file Articles furthermore which consent shall not be granted until the Purchaser binds itself to become and to remain a member of Incorporation and By-Laws for the Homeowners' Association consistent with the terms and conditions of this Declaration. Membership in the North Lake Shore Homeowners' Association shall become automatically effective upon the sale or the last lot or building site in North Lake Shore Subdivision, Second Addition, or at such earlier time to pay communal levies as the Developer shall elect, at Developer's sole option. The Developer reserves the right to add building sites and memberships located in additional contiguous property to membership in the North Lake Shore Homeowners Association as additional plats, of any, are added to North Lake Shore Subdivision. Any such new members shall be subject to the Same rights and obligations with respect to membership in the Homeowners' Association as all current members at the time any such addition is made. Except as specifically provided otherwise herein, each owner of a building site shall be liable for his proportionate share of the coat (based upon the percentage of all lots owned by an owner as to the total number of lots then subject to the provisions of this Declaration) for the proper maintenance of water retention facilities, drainage facilities and boulevards within the entire North Lake Shore Subdivision, which water retention facilities, Drainage facilities and boulevards are described below and which may be added to from time to time to include additional water retention facilities, drainage facilities and boulevards upon completion and inclusion of additional plats in the subdivision under these or subsequent protective covenants. Costs and fees shall be assessed by the Developer or Homeowners' Association based upon actual or reasonable projected costs for maintenance Association, the amount of the water retention facilities, drainage facilities and boulevards and payment thereof which levies shall be mandatory. Any maintenance fee assessed by Developer or determined solely by the Homeowners' Association and not which will be calculated in accordance with a formula that may be set out in the Rules from time to time. 14.3 The Purchaser undertakes and agrees to become a member of the Homeowners' Association and to sign on request all such documents as may be required to enable the Purchaser to be registered as a member of the Homeowners' Association in substitution of the Seller with effect from the date of registration of transfer. 14.4 The Purchaser undertakes that from date of registration of transfer of the Property into the name of the Purchaser, the Purchaser shall be liable for and shall pay a monthly general levy in the sum of R375.00 (THREE HUNDRED AND SEVENTY FIVE RANDS) and, in the case of a Skiing Site, shall pay an additional monthly skiing levy of R400.00 (FOUR HUNDRED RANDS) to the Homeowners' Association. The levy to be paid in terms hereof and in terms of this clause 14 shall, however, be payable in the amount assessed by the Homeowners' Association from time to time. 14.5 The Purchaser acknowledges that the Articles of Association provides inter alia for the following and that the Homeowners' Association shall be entitled at all times to impose rules and levies with regard to those items aforementioned and in regard to: 14.5.1 The admission of all persons to the Development; 14.5.2 The preservation of the natural environment; 14.5.3 Vegetation and flora and fauna in Bird Valley Estate and particularly but without being restricted to the common area; 14.5.4 The use of and maintenance and preservation of the common area; 14.5.5 The use and allocation of private parking areas for owners of properties; 14.5.6 The conduct of any persons within thirtythe Development and the prevention of nuisance of any nature to any owner of a property within the Development; 14.5.7 The use of the dam, with particular reference to water skiing; 14.5.8 Maintenance and improvements of any nature in the Development; 14.5.9 The conformity with standards and styles of aesthetics and/or appearances determined by the Seller and any aesthetic committee that may be established by the Seller or the Homeowners' Association; 14.5.10 Limitation on number of persons occupying or residing upon any property in the Development; 14.5.11 The disposal of waste and sewerage and the cost of maintaining and restructuring the Development Property. 14.5.12 A provision that no additions or improvements to the Property shall be made without the prior written consent of the Homeowners' Association being first had and obtained. The Purchaser shall be bound by all Rules imposed by the Homeowners' Association and in terms of the memorandum and Articles of Association from time to time.

HOMEOWNERS ASSOCIATION. Every person or entity who is the record owner of a fee or undivided fee interest in any building site that is subject to this Declaration shall be deemed to have membership in the North Lake Shore Homeowners' Association. The foregoing is not intended to include person who hold holds an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the owner's membership. No owner, whether one or more persons, shall have more than one membership per building site. In the event of multiple owners of a building site, vote and rights andrights of use and enjoyment shall be as provided herein. Membership shall be appurtenant to and may not be separated from ownership of any building site. Ownership of a building site shall be the sole qualification for membership. The rights and privileges of membership, including the right to vote and to hold office may be exercised by a member or the member's spouse, but in no event shall more than one vote be cast nor office hold for each building site site. The Developer shall incorporate the North Lake Shore Homeowners' Association end and shall draft, execute and file Articles of o! Incorporation and By-Laws for the Homeowners' Association consistent with the terms and conditions of this Declaration. Membership in the North Lake Shore Homeowners' Association shall become automatically effective upon the sale or of the last lot or building site in North Lake Shore Subdivision, Second Addition, or at such earlier time as the Developer shall elect, at Developer's sole option. The Developer reserves the right to add building sites and memberships located in additional contiguous property to membership in the North Lake Shore Homeowners Homeowners' Association as or additional plats, of if any, are added to North Lake Shore Subdivision. Any such new members shall be subject to the Same same rights and obligations with respect to membership in the Homeowners' Association as all current members at the time any such addition is made. Except as specifically provided otherwise herein, each owner of a building site shall be liable for his proportionate share of the coat cost (based upon the percentage of all lots owned by an owner as to the total number of lots then subject to the provisions of this Declaration) for the proper maintenance of water retention facilities, drainage facilities and boulevards within the entire North Lake Shore Subdivision, which water retention facilities, Drainage drainage facilities and boulevards are described below and which may be added to from time to time to include additional water retention facilities, drainage facilities and boulevards upon completion and inclusion of additional plats in the subdivision under these or subsequent protective covenants. Costs and fees shall be assessed by the Developer or Homeowners' Association based upon actual or reasonable projected costs for maintenance of the water retention facilities, drainage facilities and boulevards and payment thereof shall be mandatory. Any maintenance fee assessed by Developer or by the Homeowners' Association and not paid within thirtythirty (30) days of its assessment shall constitute alien upon the property of the delinquent owner which lien shall be subject to enforcement of foreclosure in accordance with the provisions of Illinois law. Developer agrees that for two ( 2 ) years from the date of the recording of this instrument it will maintain the easement areas in North Lake Shore Subdivision, Seventh Addition. After two (2) years, the maintenance of the easement areas shall be performed by the Homeowners' Association. Owners of individual building sites or portions thereof shall mow, landscape or otherwise maintain the surface of utility easements located upon their property. Any utility easements not located upon the property of an individual building site owner shall be mowed, landscaped and maintained by the Developer or, after two (2) years from the date of recording of this instrument, by the Homeowners' Association. The easement areas to be maintained by the Developer or the Homeowners Association referred to above are as follows: A. The entrance areas of North Lake Shore Subdivision, including the center isle and the planting areas on any of the entrances. B. Water retention facilities where constructed. C. Boulevards where constructed. D. Utility easements not located upon any individual building site or privately owned parcels. After twelve (12) months from the date of completion of construction of water retention facilities, or upon incorporation, whichever shall later occur, the Homeowners' Association shall have the obligation to maintain all water retention facilities, drainage facilities and boulevards in accord with the requirements of applicable ordinances of the City of Springfield, Illinois. The Developer shall not be required to construct any water retention facilities upon property located within the North Lake Shore Subdivision, Second Addition, or any Plat of North Lake Shore Subdivision subsequently included under this declaration unless such water retention facilities are required by the City of Springfield at the time of Plat approval. If water retention facilities are required by the City of Springfield or any other entity subsequent to plat approval, the responsibility for construction and payment there for shall be at the sole expense of the Homeowners' Association.

HOMEOWNERS ASSOCIATION. Every person or entity who is the record owner of a fee or undivided fee interest in any building site that is subject to this Declaration shall be deemed to have membership in the North Lake Shore Homeowners' Association. The foregoing is not intended to include person persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the owner's membership. No owner, whether one or more persons, shall have more than one membership per building site. In the event of multiple owners of a building site, vote and rights of use and enjoyment shall be as provided herein. Membership shall be appurtenant to and may not be separated from ownership of any building site. Ownership of a building site shall be the sole qualification for membership. The rights and privileges of membership, including the right to vote and to hold office may be exercised by a member or the member's spouse, but in no event shall more than one vote be cast nor office hold held for each building site site. The Developer shall incorporate the North Lake Shore Homeowners' Association end and shall draft, execute and file Articles of Incorporation and By-Laws for the Homeowners' Association consistent with the terms and conditions of this Declaration. Membership in The Developer shall cause the North Lake Shore Homeowners' formation of the Homeowner's Association shall become automatically effective upon within thirty days of the sale or of the last lot or building site owned by the Developer in North Lake Shore Subdivision, Second AdditionFirst Plat, or at such earlier time as the Developer shall elect, at Developer's sole option. The Developer reserves the right to add building sites and memberships located in additional contiguous property to membership in the North Lake Shore Homeowners Homeowner's Association as additional plats, of if any, are added to North Lake Shore Subdivision. Any such new members shall be subject to the Same same rights and obligations with respect to membership in the Homeowners' Homeowner's Association as all current members at the time any such addition is made. Except as specifically provided otherwise herein, each owner of a building site shall be liable for his proportionate share of the coat cost (based upon the percentage of all lots owned by an owner as to the total number of lots then subject to the provisions of this Declaration) for the proper maintenance of water retention facilities, drainage facilities and boulevards within the entire North Lake Shore Subdivisionsubdivision, which water retention facilities, Drainage drainage facilities and boulevards are described below and which may be added to from time to time to include additional water retention facilities, drainage facilities and boulevards upon completion and inclusion of additional plats in the subdivision under these or subsequent protective covenants. Costs and fees shall be assessed by the Developer or Homeowners' Association based upon actual or reasonable projected costs for maintenance of the water retention facilities, drainage facilities and boulevards and payment thereof shall be mandatory. Any maintenance fee assessed by Developer or by the Homeowners' Association and not paid within thirtythirty (30) days of its assessment shall constitute a lien upon the property of the delinquent owner which lien shall be subject to enforcement by foreclosure in accordance with the provisions of Illinois law. Xxxxxxxxx agrees that for two (2) years from the date of the recording of this instrument it will maintain the easement areas and collect and assess the maintenance fees. After two (2) years, the maintenance of the easement areas and the collection of the maintenance fees shall be performed by the Homeowners' Association. Owners of individual building sites or portions thereof shall mow, landscape or otherwise maintain the surface of utility easements located upon their property. Any utility easements not located upon the property of an individual building site owner shall be mowed, landscaped and maintained by the Developer or, after two (2) years from the date of recording of this instrument, by the Homeowners' Association. The easement areas to be maintained by the Developer or the Homeowners' Association referred to above are as follows: A. The entrance areas of North Lake Shore Subdivision including the center isle and the planting areas on any of the entrances. B. Water retention facilities where constructed. C. Boulevards where constructed. D. Utility easements not located upon any individual building site or privately owned parcels. After twelve (12) months from the date of completion of construction of water retention facilities, or upon incorporation, whichever shall later occur, the Homeowners' Association shall have the obligation to maintain all water retention facilities, drainage facilities and boulevards in accord with the requirements of applicable ordinances of the City of Springfield, Illinois. The Developer shall not be required to construct any water retention facilities upon property located within the First Plat of North Lake Shore Subdivision or any subsequent Plat of North Lake Shore Subdivision subsequently included under this declaration unless such water retention facilities are required by the City of Springfield at the time of Plat approval. If water retention facilities are required by the City of Springfield or any other entity subsequent to plat approval, the responsibility for construction and payment therefore shall be at the sole expense of the Homeowner's Association.