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ARTICLE I
Definitions
The terms set forth hereinbelow in this Article I are defined, for purposes of this Declaration, as follows:
Section 22. "Recreation Area" shall mean and refer to Lot 6 of Tract 9954, as shown on a map recorded in Book 421, Pages 23 to 28. inclusive, of Miscellaneous Maps, records of Orange County, California, and any other property, including property which may be annexed pursuant to Article II hereof, and all facilities and improvements thereon, if any, owned or leased by the Association for the common use and enjoyment of the Owners within Rancho Dominguez Townhomes.
ARTICLE IV
Members Use of Common Area and Property Rights in the Recreation Area
Section 1. Members' Easements of Enjoyment. Subject to the provisions of Section 3 hereinbelow, every Member shall have a right and easement of access, use and enjoyment in and to the Recreation Area and such easement shall be appurtenant to and shall pass with the title to every Condominium subject to assessment.
Section 2. Title to Recreation Area. At any time prior to t conveyance of the first Condominium in Project No. 1, the Declarant shall convey to the Association tee simple title to the Recreation Area within Project No. 1, free and clear of all liens and encumbrances, except current real property taxes, which taxes shall be prorated to the date of transfer, and reservations, easements, covenants, conditions and restrictions then of record, including those set forth in this Declaration.
Section 3. Extent of Members' Easements. The rights and easements of access, use and enjoyment created by Section 1 hereinabove shall be subject to the following:
(a) The right of the Association, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the Recreation Area and facilities thereon, if any, and in aid thereof, to deed in trust said
Recreation Area; provided, however, that the rights of any beneficiary under such deed of trust shall be subordinate to the rights of the Members of the Association; and
(b) The right of the Association to take such steps as are reasonably necessary to protect the Recreation Area against foreclosure; and
(c) The right of the Association, as provided in its By-Laws, to suspend the voting rights and/or use or enjoyment rights to recreational or social facilities within the Recreation Area of any Member for any period during which any Assessment against his Condominium remains unpaid and delinquent, and for a period not to exceed thirty (30) days for any infraction of the Association Rules; and
(d) The right of the Association to dedicate or transfer all or any part of the Recreation Area to any public agency, authority or utility or any other entity for such purposes and subject to such conditions as may be agreed to by its Members; provided, that no such dedication or transfer shall be effective unless approved by the vote or written consent of not less than two-thirds (2/3) of each class of Members and an instrument in writing is recorded and signed by the Secretary of the Association certifying that such dedication or transfer has been approved by the required vote and/or written consent; provided further, that the granting of easements for public utilities or for other public purposes consistent with the intended use of the Recreation Area shall not require such prior written consent; and
(e) The right of the Association to establish and enforce reasonable rules and regulations pertaining to the use and enjoyment of the Recreation Area and the facilities thereon; and
(f) The right of the Association to limit the number of quests of Members and to limit the use of the Recreation Area by persons not in possession of a Condominium, but owning a portion of the interest in a Condominium required for membership; and
(g) The right of the Association to charge reasonable admission and other fees for the use of any facility situated upon the Recreation Area; and
(h) The right of the Association to perform its duties and exercise its powers under Article IX hereof, including the power of the Association to grant easements on the Recreation Area as provided in said Article; and
(i) Any limitations, restrictions or conditions affecting the use, enjoyment or maintenance of the Recreation Area imposed by the Declarant or any city or county or other governmental agency having jurisdiction to impose any such limitations, restrictions or conditions, and whether by agreement with the Association, the Declarant or otherwise; and
(j) Such other rights of the Association, the Architectural Committee, the Board, the Owners and the Declarant with respect to the Recreation Area as may be provided for in this Declaration.
Section 4. Delegation of Use. Subject to the limitations of Section 3 of this Article IV, any Member may delegate, in accordance with the By-Laws, his right of use and enjoyment to the Recreation Area and facilities thereon to the members of his Family, his tenants and contract purchasers who reside in his Unit.
Section 5. Use of Common Area. Every Member shall have a nonexclusive easement for use and enjoyment in and to the Common Area, regardless of the Project in which such Member is an Owner, and such easement shall be appurtenant to and shall pass with the title to every Condominium subject to assessment, subject to all of the easements, covenants, conditions, restrictions and other provisions contained in this Declaration, including, without limitation, the following provisions:
(a) The right of the Association, as provided in its By-Laws, to suspend the voting rights and/or use or enjoyment rights to recreational or social facilities within the Common Area of any Member for any period during which any Assessment against his Condominium remains unpaid and delinquent, and for a period not to exceed thirty (30) days for any infraction of the Association Rules; and
(b) The right of the Association to establish and enforce reasonable rules and regulations pertaining to the use and enjoyment of the Common Area and the facilities thereon; and
(c) The right of the Association to limit the number of guests of Members and to limit the use of the Common Area by persons not in possession of a Condominium, but owning a portion of the interest in a Condominium required for membership; and
(d) The right of the Association to charge reasonable admission and other fees for the use of any facility situated upon the Common Area; and
(e) The right of the Association to grant easements on, over and under the Common Area to public utilities or governmental entities or agencies; provided that any such easement shall not unreasonably interfere with the right of any Owner to the use and enjoyment of his Unit and the Common Area. No such easement shall be effective unless an instrument signed by Members entitled to cast twoÑthirds (2/3) of the voting power of the Members residing in the Project in which the easement will be granted has been recorded agreeing to the granting of such easement. The certificate of the President and Secretary of the Association attached to such instrument certifying that the Members signing such instrument represent two-thirds (2/3) of the voting power of the Members residing in the Project in which the easement will be granted shall be deemed conclusive proof thereof.
(f) The right of the Association to perform its duties and exercise its powers under this Declaration; and
(g) Any limitations, restrictions or conditions affecting the use, enjoyment or maintenance of the Common Area imposed by the Declarant or any city or county or other governmental agency having jurisdiction to impose any such limitations, restrictions or conditions, and whether by agreement with the Association, the Declarant or otherwise; and
(h) Such other rights of the Association, the Architectural Committee, the Board, the Owners and the Declarant with respect to the Common Area as may be provided for in this Declaration.
Section 6. Delegation of Use of Common Area. Subject to the limitations of Section 5 hereinabove, any Member may delegate, in accordance with the By-Laws, his right of use and enjoyment to the Common Area and facilities thereon to the members of his Family, his tenants and contract purchasers who reside in his Unit.
ARTICLE VIII
General Restrictions
Section 4. Subject to the provisions of Section 3 of Article IV, the Recreation Area, if any, for each project shall be used for recreational, social, pedestrian and vehicular movement and other purposes authorized under this Declaration and such Supplementary Declarations as may be recorded pursuant to the provisions of Article II hereof.
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