Article 13 - Annexation
Homeowners Association
Home
Board of Directors
Budget
Bulletin Board
Community Events
Classified Ads
CC&R's
Committees
FAQs
Forms
Meeting Agenda
Meeting Minutes
Newsgroups
Property Management
Links
Contact Us
13.1 Automatic Annexation. The real property described in Exhibit A or any portion of it may be annexed into the Development in one or more phases and made subject to this Declaration at the written election of the Declarant (or by the successors in title to such real property) made at anytime and from time to time. Declarant reserves the right to determine the number of phases, the number of lots in a phase, and the building type in a phase. Declarant makes no representations or warranty that any subsequent phase will be annexed into the Development and has no obligation to annex any subsequent phase into the Development. Each election shall be made by the recording of a declaration of annexation. The declaration of annexation shall describe the real property to be annexed and shall state that it is being executed pursuant to the terms of this Declaration for the purpose of annexing the property described in the declaration of annexation into the Development and to subject the property to the terms of this Declaration. Any declaration of annexation recorded in accordance with the terms of this section shall be conclusively presumed valid in favor of all Persons who relied on it in good faith. In recording the declaration of annexation in accordance with the provisions of this Declaration, the real property described in the declaration of annexation shall be a part of the Development and subject to the provisions of this Declaration and to the rights and powers of the Association pursuant to the terms of this Declaration, the property shall automatically be Members of the Association with voting rights commencing on the date regular assessments commence. Regular and special assessments with respect to the annexed property shall commence at the time and to the extent described in Section 6.7.
Declarant expressly reserves for the benefit of all property that may from time to time be covered by this Declaration reciprocal easements of use, enjoyment, access, ingress and egress over the walkways and recreational areas in that phase for use by Declarant, its successors, purchasers and all Owners of Lots, their guests, tenants and invitees for reasonably necessary to the use and enjoyment of all the Lots in the Development. The declaration of annexation may contain complimentary additions, amendments and modifications to this Declaration necessary to reflect the different character, if any, of the real property being annexed which are not inconsistent with the general scheme of this Declaration or which are required by any institutional Mortgagee as defined in Section 10.1 to make Lots in the Development eligible for mortgage, purchase, guarantee or insurance.
If the annexed property has been rented for at least one year before the closing of the first Lot in the annexed phase, the Declarant shall pay the Association appropriate amounts for reserves for replacement or deferred maintenance of Common Area improvements or other improvements that the Association is required to maintain in the annexed phase.
13.2 Annexation by Approval. Except for the automatic annexation provision contained in Section 13.1, no additional real property shall be annexed into the Development without the approval of Members holding two-thirds of the total voting power of the Association other than Declarant.
THIS DECLARATION is executed this 14 th day of October , 1996.
FIRST AMERICAN TITLE GUARANTY COMPANY
a California corporation
By ___________________________________
Its Assistant Secretary
