Users of the Affected Lots for each Common Driveway to share on a pro rata basis (based on the number of feet travelled upon the Common Driveway) in the maintenance, repair, upkeep, improvement and replacement of the Common Driveway (including repair or deterioration from ordinary wear and tear and lapse of time). All decisions regarding expenditures for each Common Driveway may be made by majority decision of the Users at a meeting of such Users called by the Association at the request of a User of an Affected Lot.
Article VIII — Lake Facilities
Section 1. Use and Enjoyment.
The use and enjoyment of Lake Facilities No. 1 shall be limited to Owners of Lake One Lots, and the use and enjoyment of Lake Facilities No. 2 shall be limited to Owners of Lake Two Lots. Only the Owners of Lake One Lots and Lake Two Lots shall be allowed to utilize the corresponding Lake Facilities No. 1 or Lake Facilities No. 2, respectively, for non-motorized boating and recreational purposes. However, members of the Association shall only be allowed to fish from or walk along the shoreline of Parcel B and Parcel C. Each Owner, unless such Owner is a Lake One Lot or Lake Two Lot Owner, shall not have access to and from said lake facilities other than at Parcel B or Parcel C.
Section 2. Encroachments.
In the event either Lake Facilities No. 1 or Lake Facilities No. 2, when completed, encroach upon any adjoining land beyond the storm drainage easement(s) shown on the recorded plat of the Properties, then a valid, permanent easement shall exist for the encroachment(s) and for maintenance and repair of the same.
Section 3. Shoreline Maintenance.
The Association and each Owner of a Lake One Lot or Lake Two Lot shall be responsible for maintaining their respective lake shorelines free and clear of all litter, debris and detritus, and employing sound soil conservation and erosion measures to limit and minimize run-off and siltation in the said lake facilities.
Section 4. Docks and Piers.
An Owner of a Lake One Lot or Lake Two Lot shall be entitled, upon obtaining appropriate governmental permits, to build, maintain and repair a pier or dock on such Owner's Lot. Such dock or pier shall be used only to moor non-motorized boats, such as canoes, rowboats and sailboats, and for other recreational purposes, such as swimming or fishing.
Section 5. Wildlife Preserve.
Within Parcel C in Lake Facilities No. 2, there is a small island which is hereby declared a Wildlife Preserve. The Wildlife Preserve is primarily a resting and nesting place for ducks, geese and other animals. The Wildlife Preserve shall remain undisturbed in its natural state. No Owner or member of the Association shall enter upon the Wildlife Preserve for any purpose whatsoever. If necessary, the Association may enter upon the Wildlife Preserve for its protection and preservation.
Section 6. Maintenance and Repair.
The Lake One Lots and Lake Two Lots (collectively "Lake Lots" hereinafter) shall have the following rights, duties and obligations with respect to Lake Facilities No. 1 and Lake Facilities No. 2 (collectively "Lake Facilities" hereinafter):
(i) the right to impound and regulate flow and use of all surface waters on the Properties, and to establish and maintain the water level and flow of the lake, dam, spillway, and related Lake Facilities;
(ii) the right to enter upon the land in the area designated for the Lake Facilities a) to clear, grade, cut, fill and flood such land for the Lake Facilities, b) to build, construct, maintain, repair, and dredge the Lake Facilities, and c) to place, store and keep equipment, machinery, materials and supplies for the construction, repair or improvement of the Lake Facilities, as well as on adjoining land during periods of actual construction;
(iii) the right of ingress to and egress from the Lake Facilities for trucks and other vehicular traffic, over the abutting Lake Lots, provided, however, any areas disturbed by
such traffic shall be restored to their prior state, and further, provided, such ingress and egress shall not be over, across, or through any improvements and structures erected on such Lake Lots or any septic or drainfields on such Lake Lots; and,
(iv) the right to stock, replenish or control fish, algae or other aquatic life in the Lake Facilities.
Section 7. Individual Obligation to Repair Damage.
In the event that a Lake Facility is damaged or destroyed through the act of a Lake Lot Owner, an 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 Lake Lot Owner or Owner to rebuild and repair that Lake Facility without cost to the other Lake Lot Owners or Owners.
Section 8. Financial Obligation of Lake Lots.
Except as provided in Section 7 above, it shall be the obligation of Lake One Lots and Lake Two Lots to share on a pro rata basis (as hereinafter set forth) in the maintenance, repair, upkeep, improvement and replacement of each's Lake Facilities (including repair or deterioration from ordinary wear and tear and lapse of time). All decisions regarding expenditures for the Lake Facilities may be made by a majority of the votes of the affected Lake Lots at a meeting called by the Association at the request of a Lake Lot Owner or by the Association.
Section 9. Pro Rata Contribution for Lake One Lots.
With respect to any voting upon, sharing in or paying any expenditure, cost or expense related to Lake Facilities No. 1 by Lake One Lots, the percentages allocated to each party in interest shall be:
Lot 1 — 40%
Lot 2 — 40%
Parcel B — 20%
Section 10. Pro Rata Contribution for Lake Two Lots.
With respect to any voting upon, sharing in or paying any expenditure,
