Covenants

Book 389 Page 321

(c) The right of the Association to dedicate or transfer o11 or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of the members agreeing to such dedication or transfer has been recorded.

Section 2. Any owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Areas and facilities to the members of his immediate family who reside with him.. A tenant occupying a residence on a Lot in Polks Landing shall have the same rights to the use of the Common Area as the Owner of the Lot.

ARTICLE III

MEMBERSHIP AND VOTING RIGHTS

Section 1. Every owner of a lot which is subject to assessment hall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment.

Section 2. Voting Rights Until such tine as Declarant has deeded the Common Area in Polks Landing Subdivision to the Association only Declarant shall have voting rights. Following such time the Owner of each Lot (including Declarant) shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members (provided that in the event a corporation, partnership, or more than one family owns a Lot, they may select only one family to enjoy the membership privileges of the Association). The vote for such Lot shall be exercised as the Owners may among themselves determine, but in no event shall more than one vote be cast with respect to any Lot.

ARTICLE IV

COVENANT FOR MAINTENANCE ASSESSMENTS

Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and

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