and structures shall not apply to the construction, alteration or additions made by a Declarant or an Approved Builder.
Article VII — Common Driveways
Section 1. Obligation of Maintenance.
Purchasers of Common Driveway Lots automatically assume an obligation, as hereinafter provided, to maintain the pipestem driveway, which obligation is a condition of their ownership of the Lot and runs with the land.
Section 2. Definitions.
(A) "Common Driveway" or "Common Driveways" shall mean and refer to the area within i) the Ingress-Egress Easement shown on Parcel B and Lot 3 ("CD 1"), ii) the 50' Ingress-Egress Easement shown on Lot 6 ("CD 2"), iii) the 50' Ingress-Egress Easement shown on Lot 7 ("CD 3"), and iv) the 40' Ingress-Egress Easement shown on Lots 8 and 9 ("CD 4"), all as shown on the recorded plat of the Properties.
(B) "Affected Lots" shall mean and refer to Lots 2 and 3, Parcel B and adjacent property acquired by Woolsey Associates, Inc., in Deed Book No. 1045, at page 58, of said County land records for CD 1; Lot 6 and adjacent property acquired by Declarant in Deed Book No. 1357, at page 1256, and in Deed Book No. 1377, at page 870, of said County land records for CD 2; Lot 7 and adjacent property acquired by Ahmad Moinami and M. A. Moienamin by deed recorded in Deed Book No. 1557, at page 916, of said County land records for CD 3; and, Lots 8 and 9 for CD 4.
(C) "User" shall mean and refer to the Owner of a Lot or Parcel who is entitled to use a Common Driveway and actually utilizes the Common Driveway.
For CD 1, Lot 2 and Parcel B are Users; Lot 3 is not a User but may become a User if Owner of Lot 3 utilizes CD 1 for ingress-egress to such Owner's residence; and, Woolsey Associates, Inc., is not a User so long as it has no right to utilize CD 1 to access its property.
For CD 2, Lot 6 is a User if this Owner utilizes CD 2 for ingress-egress to such Owner's residence; and, Raymond C.
Hawkins Construction Co., Inc., shall be a User at such time it utilizes CD 2 for ingress-egress to the adjacent lands presently owned by it.
For CD 3, Lot 7 is a User if this Owner utilizes CD 3 for ingress-egress to such Owner's residence; and Ahmad Moinami and M. A. Moienamin are not Users so long as they have no right to utilize CD 3 to access their property.
For CD 4, Lots 8 and 9 are the only Users.
Section 3. Construction.
Declarant is under no duty, obligation or agreement to build or construct any Common Driveway shown on the recorded plat of the Properties. Declarant may elect, in its discretion, to build or construct all or a portion of one or more of the Common Driveways.
Section 4. Uses.
(i) Each Common Driveway shall be used exclusively for the purpose of ingress and egress and installation of utilities to the Affected Lots served by the Ingress-Egress Easement.
(ii) No act shall be performed by any User or Owner, his tenants, guests, invitees, licensees or agents which would in any manner affect or jeopardize the free and continuous use and enjoyment of any other authorized User in and to the Common Driveway or the other Affected Lots.
(iii) There shall be no parking within the Common Driveway at any time except for delivery, governmental and/or emergency vehicles.
Section 5. Individual Obligation to Repair Damage.
In the event that a Common Driveway is damaged or destroyed through the act of a User or Owner or any of his agents or guests, invitees, licensees or members of his family (whether or not such act is negligent or otherwise culpable), it shall be the obligation of such User or Owner to rebuild and repair that Common Driveway without cost to the other Users or Owners of the Affected Lots.
Section 6. Joint Obligation to Repair Damage.
Except as provided in Section 5 above, it shall be the obligation of all
