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

HOMEOWNERS ASSOCIATION. Every person 1. HOMEOWNERS ASSOCIATION: The Homeowners Association, Inc. (“Homeowners Association”) has been or entity who is will be formed for the purpose of providing for matters of concern to the owners of lots in the subdivision. The membership of the Homeowners Association shall be comprised of the record owner owners of lots in the subdivision who shall each have one vote for each lot, on all matters requiring a fee vote as set forth herein or undivided fee interest in any building site that is subject to this Declaration the Articles of Incorporation, Code of Regulations or By-Laws of the Homeowners Association. Grantor shall be deemed to have membership a member of the Homeowners Association so long as it owns one or more of said lots. Upon transfer of 90% of the total platted lots in all phases of the North Lake Shore Homeowners' subdivision, the Homeowners Association shall obtain control and assume responsibility for maintenance of entryways, open space and common and reserve areas, not done by Township or others. All areas designated as open space, reserve or common areas which are owned by the Homeowners Association shall be continuously maintained by the Homeowners Association. The foregoing is not intended to include person who hold an interest merely as security for actions of the performance of an obligation, and Homeowners Association shall be made by the giving votes of a security interest shall not terminate simple majority of the owner's membershipvotes of the lot owners. No ownerJoint, whether one common or more persons, shall have more than one membership per building site. In the event of other 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 the lots shall not entitle the owners thereof to more than the number of votes which would be the sole qualification for membershipauthorized if said lot were held in one name. The rights Homeowners Association shall have the authority to assess each lot an annual fee as set forth hereinafter under Article III for maintenance of the common areas as well as other expenses of the Homeowners Association. Should the Association fail to maintain the designated areas in a manner acceptable to Township, the Township shall have the right, but not the obligation, to maintain such areas and privileges assess the owner of membershipeach lot in the subdivision through the process referred to in Article III, including the right to vote and file a lien for collection of delinquent assessments. Township may assess such fees in an amount sufficient to hold office may be exercised by a member or cover the member's spouse, but cost of any required maintenance 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 addition 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 cost 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 thirtyadministration thereof.

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:

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:

HOMEOWNERS ASSOCIATION. Every person or entity who is Developer has caused to be formed a nonprofit community association known as "Vizcaya Neighborhood Property Owners Association, Inc., a Florida not-for-profit corporation ("POA"). In connection therewith, Developer has also caused to be prepared and filed the record owner declaration of a fee or undivided fee interest in any building site that is covenants, conditions and restrictions ("DECLARATION"), articles of incorporation ("ARTICLES") and bylaws ("BYLAWS") of the POA (collectively, the "DOCUMENTATION"). Owner acknowledges and approves the formation, preparation and filing of the POA and its respective Documents. Any and all additional non-profit community associations "ASSOCIATIONS") shall be formed by Developer subject to this Declaration shall be deemed to have membership in the North Lake Shore Homeowners' Associationprior written consent of Owner. The foregoing is not intended to include person who hold an interest merely as security for the performance of an obligation, documentation in connection with any 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 membershipall Associations, including the right to vote declarations, articles of incorporation 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 bylaws shall be subject to the Same rights prior written approval of Owner and obligations no recording or filing shall be made with respect to membership the same in any public records or with any governmental agency, nor will such documentation be disseminated to the Homeowners' public, until Owner's approval is obtained. Owner acknowledges that Developer has provided Owner with a budget for the Association as all current members at prepared by a qualified analyst. All costs incurred in connection with the time any such addition is made. Except as specifically provided otherwise herein, each owner of a building site foregoing shall be liable Project Expenses. Owner and Developer shall actively participate on the board of directors for his proportionate share the POA and all other Associations and Developer shall submit to Owner all meeting agendas, and within five (5) days from availability, the minutes of the coat meetings for a period commencing from the formation of the POA and any and all other Associations through one (based upon 1) year following the percentage closing of the sale of the last Residential Unit that is part of the respective POA and Association. Owner shall appoint the maximum number of individuals permitted by law to serve as directors for the POA and all lots owned by an owner as to other Associations during the aforementioned time period. Of the total number of lots then subject directors that Owner appoints, all but one (1) shall be named by Developer and the remaining one (1) shall be named by Owner. Owner shall nevertheless have the right to approve all directors named by Developer with such approval not to be unreasonably withheld. If Owner elects however, to name more than one (1) director to the provisions POA or any other Association after the execution of this DeclarationAgreement, then Developer shall cause the applicable number of those directors selected by Developer to be appointed as a director to tender resignations within thirty (30) for the proper maintenance of water retention facilitiesdays after receiving written notice from Owner that Owner seeks to appoint additional directors, drainage facilities and boulevards within the entire North Lake Shore Subdivisionupon said resignation, 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 Owner shall be assessed by entitled to appoint the applicable number of replacement directors. Developer shall not make any commitments to the POA or Homeowners' Association based upon actual or reasonable projected costs for maintenance any other Associations on behalf 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 thirtyOwner without Owner's prior written approval.