ArclutecturalReview 43Guidelines andProcedures 44 No WalverofFuture Approvals

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Commencement ofObhganon,Tzne ofPayment 87. Obhgation forAssessments

property and such property or any portion tllereof benefitmg from such easement is not made subjeettotlus Declaration, Declarant, Its successors or assigns shall enter into a reasonable agreement With the Association to share thecost of any mamtenance wh.1ch the Associanon provides tooralong any roadway providing access tosuch Property

115 Easements forMamtenance. Emergency, and Enforcement.

Declarant grants tothe AsSOCIatIOn and theCouncil easements overAnthem Parkside as

necessaryto fulfill the maintenance responsrbihtres descnbedm Section 72 Sucheasements shall include the nght, but notthe obligation, to enter upon any Lot for emergency, security, and safety reasons, to perform mamtenance and to inspect for the purpose of ensuring compliance WIthand enforcing the Governing Documents Such nght may be exercised by the duly authonzed agents and assigneesof the AsSOCIatIon and theCOunCIl., and allemergency personnel in theperformance oftheir dunes Except in an emergency situation, entry shall beonlydunng reasonable hoursand afternoncetotheOwner

Declarant grants totheAssocianon and theCouncil, an easement and theright to enter a Lottoabate orremove, using suchmeasures asmay bereasonably necessary, anystructure, thing orcondition which VIolates the Govermng Documents Allcosts incurred, including reasonable attorney fees,shall beassessedagainst theViolator asaBenefited. Assessment

11 6 Easements forLake and PondMamtenance and FloodWater

Declarant reserves far Itself, the Association, theCouncil, and their successors. assigns, and designees. thenon-exclusive nght and easement, but nottheobhganon, toenter upon bodies ofwater and wetlands located within theArea ofCommon Responsabihty to(a) install, operate, mamtam, and replace pumps to supply irrigation water to the Area ofCommon Responsibility; (b)construct, maintain, and repair structures and equipment usedfor retaining water; and (c) maintain suchareas in a manner consistent WIth the Community-Wide Standard- Declarant, the Assocranon, the Council, and the successors. assigns and designees of eachshallhave an accesseasement overand across any ofAnthem Parkside abuttIng orcontaining bodiesofwater totheextent reasonably necessary toexercise thenghtsunder thisSection.

Declarant further reserves for Itself, the Assocranon, the Council, and their successots, assigns and designees, aperpetual, non-exclusive nght and easement ofaccessand encroachment overtheCommon Area and Lots(but notthedwellings thereon) adjacent toorwinun 100feetof bodiesofwater within Anthem Parksrde, In order to(a)temporanly flood and backwater upon and mamtam water oversuchportions ofAnthem Parksrde, (b)alter manymanner and generally maintain the bodies of waler withm the Area of Common Responstbihty, and (c) mamtain and landscape theslopes and banks pertainmg tosuchareas All Persons entitled to exercise these easements shall use reasonable care In and repair any damage resulting from the mten1J.onal exercise of sucheasements Nothing herem shall be construed to make Declarant oranyother Person liable for damage resultmg from floodmg duetoheavy ramfall or other natural

occurrences

117 Easements for Cross-Dramage

Every Lot andthe Common Areashall be burdened with easements for natural drainage ofstorm water runofffrom otherportions ofAnthemParkside, provided, no Person sball alterthe natural drainage onanyLotto Increase matenallythe drainage of storm water onto adjacent portions of Anthem Parkside without the consent of the Owner(s) of the affected property, the Board, and Declarant aslong as Itownsany property descnbed. in Exhibits "A" or IIB" to the Declaration,

II 8 RIghts to StonnwaterRunoff, Emuen!, and WaterReclamation.

Declarant hereby reserves for Itself andItsdesigneesall rights to ground water, surface water, storm water runoff and effluent located or produced withm Anthem Parksrde, and each Owner agrees, by acceptance ofa deed toaLot,that Declarant shallretainall suchnghts Such nghts shall include the reservation of an easement overAnthem Parkstde foraccess, and for installation and mamtenance of facihnes and equipment to capture and transport such water, runoff, and effluent This Section maynotbe amended WIthout theconsent ofDeclarant and the nghts created. in tlusSectionshallSUI"VIve termmanon oftlus Declaration,

ArticleXII Limited Common Areas

12 I PU!]ose

Certain portIons ofthe Common Areamaybe designated as Lmuted Common Area and reserved forthe exclusrve use or pnmary benefitof Owners and occupants within a particular Neighborhood or Neighborhoods By way of illustration andnot !mutatIon, Lumted Common Areas may include entry features, recreational facrlmes, landscaped. medians and cul-de-sacs, lakes, and other portions of the Common Area wrtlun a particular Neighborhood or Neighborhoods. Allcosts associated With maintenance, repair, replacement, and insuranceofan Limited Common Area shallbea Neighborhood Expense allocated among the Owners lD the Neighborhoodfs) to wluch the Limited Common Areas are assigned

122 Deslgnatlon

Inmally, any Limited Common Area shall bedesignatedas such in the deed conveying sucharea totheAsSOCiatIOn oronthesubdivision plat relating tosuchCommon Area, provided, however, anysuchassignment shallnotpreclude Declarant from later assigning useofthesame Lmuted Common Area to addmonal Lots andlor Neighborhoods, solongasDeclarant hasangbt to subject additional property to tills Declaration pursuant to Section 9 I

Thereafter, a portion of the Common Areamay be assigned as Limited Conunon Area and Limited Common Area maybe reassigned upon approval oftheBoard and thevote ofClass "A" Members representing a majority ofthetotal votes in the Association, including a mejonty of thevotes withm theNerghborhoodls) affected by the proposed assignment or reassignment. A!i longasDeclarant ownsanyproperty subject to tlus Declaration orwhichmaybecomesubject to this Declaration In accordance With Section 9 I, any such assignment or reassignment shall alsorequire Declarant's wnttenconsent

123 UsebyOthers

The Association may.upon approval of a maJonty of theOwners of Lots In the Neighborhocdts)orboardofdirectors oftheNeighborhoodAssociationfortheNeighborhccd/s) towluchanyLimitedCommonArea IS assigned,pemutOwnersofLotsmotherNeighborhoods touse all ora portion of such L1ID1ted Common Area upon payment of reasonable user fees, winchfeesshallbeusedtooffsetthe Neighborhood Expensesatlnbutable to suchLimited

Common Area.

ArtIcleXIll Party Wallsand Other Shared Structures

13I GeneralRulesofLawtoApply.

Each wall, fence, dnveway, orsimilarstructurebuiltasapart oftheongmalconstruction ona Lot, other than a perimeter wall orfence as provided m Section 51. whichserves and/or separates any twoadjommg Lots shall constituteaparty structure To the extent notInconsistent WIth theprovisions oftlus Section,thegeneralrulesoflaw regardingpartywallsand habihty for property damage duetonegligenceorwillfulacts orODllSSIOns shallapplythereto

132. Mamtenance: Damage and Destructton

Thecost ofreasonable reparr and maintenanceofaparty structure shall be shared equally bytheOwnerswhomakeuseofthepartystructure

Ifapartystructure IS destroyed ordamagedbyfireorothercasualty,thentotheextent that suchdamage IS notcoveredby insurance and 15 not repaired out of theproceeds of

Insurance, anyOwner whohas used thestructure mayrestore It Ifother Owners thereafter use

the structure. theyshall contributeto the restoration cost 1Il equal proportions However, such contribution will not prejudice thenghttocall for a larger contnbunon from the other users underanyrule oflawregardmgIiahrhty forneghgentor WIllful actsor OmISSiOns

Article XIV Dispute ResolutionandLimitationon Litigation

141 Prerequisites toActIons Against Declanmt

Pnortofilmga CIVIl action,undertaking anyaction In accordance withSection 144, or retammg an expert forsuch actions agamst Declarant, orany budder or sub-contractor of any portion of Anthem Parkside, the Board shall notifyand meet With the Members to dISCUSS the alleged problem ordeficiency Moreover, pnorto talang anyaction, the Board shall notify the potentialadverse party of the alleged problem ordeficiencyand provide suchparty areasonable opportunIty toInspectandrepairtheproblem

142 ImtIatIon ofLloganon byAssocIaoon

In addition to compliance wtth the foregoing alternativedispute resolution procedures, If applicable, the Association shall not imtiare anyjudicial oradrrurnstratrve proceeding unless first