Improvements installed within areas to be added to this Declaration shall be substantially complete at the time of such addition and such Improvements shall be consistent with the initial Improvements in terms of quality of construction. No additional real property may be added to The Overlook without the prior written consent of the Veterans Administration if such entity holds, insures or guarantees any Mortgage at the time the real property is to be added. No other consent of Owners or Mortgagees shall be required.

SECTION 2.02. Votes and Assessments. When additional real property is subjected to this Declaration, the total number of votes in the Association available to be cast on any matter shall increase, reducing each Owner's vote in relation to all votes available to be cast. The votes appurtenant to Lots which constitute part of any such expansion of The Overlook, shall become effective upon substantial completion of the Improvements constructed or to be constructed on the added real property and the execution and submission to the appropriate government agencies of all documents necessary to add the expansion phase to The Overlook. The assessments against such Lots shall become effective in accordance with the terms of this Declaration upon the recording in the Arapahoe County, Colorado, real property records of the Notice of Addition of Land. The minimum number of Lots to be included in The Overlook shall be forty-six (46) Lots and the maximum number of Lots that may be included in The Overlook, as expanded, shall be one hundred ninety-eight (198) Lots.

SECTION 2.03. Expansion of Definitions. In the event of expansion of The Overlook, the definitions used in this Declaration automatically shall be expanded to encompass and refer to The Overlook as so expanded.

SECTION 2.04. Liens and Taxes . Any lien arising from ownership or construction upon real property added to this Declaration shall appertain only to such additional real property and shall not affect the rights of existing Owners or the priority of Mortgages on Lots or the Courtyard Common Area within the theretofore existing portion of The Overlook. All taxes, assessments, mechanic's liens and other charges relating to the real property to be added to this Declaration covering any period prior to the addition must be paid by or otherwise provided for by Declarant in a manner satisfactory to the Veterans Administration.

SECTION 2.05. Time Limit on Expansion. Declarant shall have until December 31, 1989 to expand The Overlook as herein provided. On January 1, 1990, Declarant's right to expand The Overlook shall expire.

ARTICLE III

BASIC BUILDING RESTRICTIONS

SECTION 3.01. Use of Property. Each Lot shall be used for residential purposes only and no structure shall be erected, placed or permitted to remain on any Lot other than one single-family residence.

SECTION 3.02. Board Approval. The Plans and Specifications, including the location and exterior colors and materials, of all Improvements must be approved in writing by the Board prior to commencement of any construction. The Board may issue rules and guidelines regarding matters relevant to this function, including but not limited to minimum standards and procedures for the submission of Plans and Specifications for approval. Such rules and guidelines must be strictly followed. Declarant is exempt from this requirement.

SECTION 3.03. Floor_Space. Each Dwelling Unit shall have a minimum of 800 square feet of interior floor space, exclusive of basements, garages, porches, patios, decks, balconies and overhangs.

SECTION 3.04. Height. No Dwelling Unit shall exceed two habitable stories in height, exclusive of basements and attics, nor shall any Dwelling Unit exceed thirty-five (35) feet in height measured from the highest ground level adjacent to such Dwelling Unit to the highest point of the ridge line of such Dwelling Unit.

SECTION 3.05. Exterior Surfaces. All exterior surfaces of any Dwelling Unit shall be of Natural Materials and of a color approved by the Board.

SECTION 3.06. Fences. No fence, wall or similar Improvement shall be erected, placed, installed or constructed within The Overlook without the prior written consent of the Board. No fence, wall or similar Improvement erected, placed, installed or constructed on the Real Property shall exceed six (6) feet in height. Declarant is exempt from the consent requirement of this provision.

SECTION 3.07. Landscaping. Declarant shall install basic minimum landscaping on each Lot in The Overlook. An Owner may install additional landscape Improvements on his Lot with the prior approval of the Board. The Board's approval of any additional landscape Improvements for a Lot shall include the type, species, size and location of such additional landscape Improvements and, notwithstanding Section 11.05(b) hereof, may include requirements that the Owner of the Lot provide any necessary or desirable special maintenance or care of the additional landscape Improvements at said Owner's sole expense. During the first year after the installation and planting of any additional landscape Improvements on any Lot by the Owner thereof, the Association shall not be responsible or liable for the death or otherwise poor condition of such additional landscape Improvements resulting from any cause whatsoever. An Owner shall restore, at said Owner's sole expense, any area of his Lot injured or disrupted by the installation of additional landscape Improvements, including without limitation any portion of the lawn or sprinkler system located on said Owner's Lot.

SECTION 3.08. Visual Obstructions at the Intersection of Streets. No object, including without limitation vegetation and signs, shall be placed or permitted on any corner Lot which either (a) obstructs reasonably safe and clear visibility of pedestrian or vehicular traffic through sight lines parallel to the ground surface at elevations between two (2) feet and six (6) feet above the roadways, or (b) lies within a triangular area on any corner Lot described by three points, two such points being at the edge of the paving abutting said corner Lot and at the end of twenty-five (25) feet back along the curb on the two intersecting streets abutting said corner Lot, and the third point being the center of the corner curb abutting said Lot.

SECTION 3.09. New Construction. All Dwelling Units shall be of new construction and no existing or prefabricated Dwelling Unit shall be moved onto any Lot. No other building or structure (including but not limited to playhouses, storage sheds and windmills) may be moved onto a Lot without the prior written approval of the Board.

SECTION 3.10. Storage of Building Materials. No building materials shall be stored on any Lot except temporarily during continuous construction of an Improvement or its repair, alteration or replacement.

SECTION 3.11. Occupancy During Construction. A structure shall not be occupied in the course of original construction until all required certificates of occupancy for that structure have been issued by the appropriate governmental authorities. All work of construction shall be prosecuted diligently and continuously from the time of commencement until fully completed.

SECTION 3.12. Temporary Structures. No trailer, mobile home, tent or shack or other temporary building, improvement or structure shall be placed upon any property within The Overlook, except that temporary structures necessary for storage of tools and equipment and for office space for architects, builders and foremen during actual construction may be maintained with the prior approval of the Board, such approval to include the nature, size, location and maximum duration of such structure. Notwithstanding the foregoing, Declarant reserves the exclusive right to erect, place and maintain such temporary facilities in or upon any portions of the Real Property as in its sole discretion may be necessary or convenient while selling Lots, selling or constructing Dwelling Units, or constructing other Improvements upon the Real Property, without any consent or approval of the Board being required.

SECTION 3.13. Construction Activities . This Declaration shall not be construed so as to unreasonably interfere with or prevent normal construction activities during the construction of Improvements by any Owner, provided that when completed such Improvements shall in all ways conform to this Declaration. Specifically, no such construction activities shall be deemed to constitute a nuisance or a violation of this Declaration by reason of noise, dust, presence of vehicles or construction machinery, posting of signs or similar activities, provided that such construction is pursued to completion with reasonable diligence, is in compliance with applicable federal, state and local laws and ordinances and any rules and regulations adopted pursuant thereto, and conforms to usual construction practices in the area. In the event of any dispute, a temporary waiver of the applicable provision, including but not limited to any provision prohibiting temporary structures, may be granted by the Board, provided that such waiver shall be only for the reasonable period of such construction. Such waiver may, but need not, be recorded or in recordable form.

ARTICLE IV

USE RESTRICTIONS

SECTION 4.01. Single-Family Use Only. No Lot and no Dwelling Unit on any Lot shall be used for any purpose other than for residential purposes and no profession, trade or business of any kind may be conducted on any Lot or in any Dwelling Unit on any Lot. However, nothing in this Declaration shall prevent the rental of a Lot by the Owner thereof for residential purposes in accordance with Section 4.13 below, subject to all the provisions of this Declaration, as the same may be amended from time to time. No commune, co-operative or similar type living arrangement shall be permitted on any Lot.

SECTION 4.02. Animals. No animals shall be kept on any Lot except an aggregate of two (2) domesticated dogs or cats, and except domesticated birds and fish and other small domestic animals, and then only if kept as pets. All dogs shall be kept on a hand-held leash except when on their Owner's own Lot. No animal or other pet of any kind shall be permitted which in the opinion of the Board might be dangerous or which makes an unreasonable amount of noise or odor or is a nuisance. No kennel or other facility for raising or boarding dogs or other animals for commercial purposes shall be kept on any Lot. No poultry may be kept on any Lot. No rare, exotic or unusual animals or other pets (except non-dangerous birds and fish) shall be kept on any Lot without the prior written approval of the Board. Each Owner shall be responsible for cleaning up after his pet and for all damage to the Courtyard Common Area or to the Lot of any other Owner caused by any pet possessed by such Owner.

SECTION 4.03. Antennas. No aerial or antenna for reception of radio or television or other electronic signal shall be maintained on the roof of any Dwelling Unit nor shall any be maintained at any location so as to be visible from neighboring property or adjacent streets. No towers of any type, including those for the purpose of generating electricity from wind, shall be erected or maintained on any Lot or on the Courtyard Common Area.

SECTION 4.04. Transmitters. No electronic or radio transmitter of any kind, other than garage door openers, shall be located or operated in or on any Improvement or on any Lot without the prior written approval of the Board.

SECTION 4.05. Nuisances . No rubbish or debris of any kind shall be placed or permitted to accumulate upon any Lot and no odors shall be permitted to arise therefrom so as to render any such property or any portion thereof in the opinion of the Board unsanitary, unsightly, offensive or detrimental to any other property or to its occupants. No noise or other nuisance shall be permitted to exist or operate upon any Lot so as to be, in the opinion of the Board, offensive or detrimental to any other property or its occupants. Without limiting the generality of any of the foregoing provisions, no exterior speakers, horns, whistles, bells or other sound devices (other than security devices used exclusively for security purposes) shall be located, used or placed on any Lot without the prior written approval of the Board.

SECTION 4.06. Unsightly Articles . No unsightly article shall be permitted to remain on any Lot so as to be visible from adjoining property or public or private thoroughfares. Without limiting the generality of the foregoing, trailers, recreation vehicles, graders, trucks other than pickups used solely for the private and non-business use of the residents of a Dwelling Unit, boats, tractors, campers, wagons, buses, sleighs, motorcycles, motor scooters, snowmobiles, snow removal equipment, garden and maintenance equipment, and all commercial and business vehicles shall be kept at all times, except when in actual use, in an enclosed structure or screened from view; and no repair or maintenance work shall be done on any of the foregoing, or on any automobile, other than minor emergency repairs, except in an enclosed garage or other structure. Refuse, garbage and trash shall be kept at all times in a covered, noiseless container and any such container shall be kept within an enclosed structure or appropriately screened from view. Service areas, storage areas, compost piles and facilities for hanging, drying or airing clothing or household fabrics shall be appropriately screened from view. No lumber, grass or plant waste, shrub or tree clippings, metals, bulk materials or scrap shall be kept, stored or allowed to accumulate on any property except within an enclosed structure or appropriately screened from view. Liquid propane gas, oil and other exterior tanks shall be kept within an enclosed structure or permanently screened from view.

SECTION 4.07. Signs . No sign, billboard, poster or advertising device of any kind shall be displayed to the public view on any Lot or the Courtyard Common Area; provided, however, that signs which have received the prior approval of the Board may be displayed on or from a Dwelling Unit advertising the Dwelling Unit for sale or lease. Notwithstanding the foregoing, the Association or, while there is a Class B membership pursuant to Section 11.02 hereof, the Declarant, may place on the Real Property address signs and project identification signs of reasonable size and dignified form to identify The Overlook and the Cluster Areas within The Overlook. Further, signs used for sale, administration and directional purposes during development of The Overlook will be permitted. All signs must be professionally painted, lettered and constructed.

SECTION 4.08. Hazardous Activities . No activities shall be conducted on any Lot and no Improvements shall be constructed on any Lot which are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon any Lot, and no open fires shall be lighted or permitted on any Lot except in a contained barbecue unit while attended and in use for cooking purposes or within a safe and well-designed interior fireplace.

SECTION 4.09. Garages. The doors of the garage located on a Lot shall be kept closed at all times except when an automobile is entering into or exiting from such garage.

SECTION 4.10. Garage Sales. No garage, patio, porch or lawn sale shall be held on any Lot, except that the Owner of any Lot may conduct such a sale if the items sold are only his own furniture and furnishings, not acquired for purposes of resale; if such sale is held at such time and in such manner as not to disturb any other resident of the area; and if such sale is held in full compliance with all applicable governmental ordinances, statutes, resolutions, rules and regulations.

SECTION 4.11. Restrictions on Parking. Each Owner, members of his family, his agents, employees, invitees, licensees and lessees shall park private vehicles in the garage or in the parking space adjacent to the garage located on said Owner's Lot or for which said Owner has an easement for exclusive use and not in the Private Cul-de-sacs or in the Common Driveways within The Overlook.

SECTION 4.12. Sprinkler System . An Owner shall not under any circumstances change, alter, modify or otherwise tamper with the controls for the sprinkler system on said Owner's Lot. Upon application to the Board in writing and payment of a reasonable fee set by the Board, the Board shall cause the schedule for irrigation of the landscape Improvements on an Owner's Lot to be adjusted as requested by said Owner, provided that such requested adjustment is compatible with proper irrigation of the landscape Improvements on the Lot.

SECTION 4.13. Leasing of a Lot. The Owner of a Lot, including Declarant, shall have the right to lease his Lot under the following conditions:

(a) All leases must be in writing, and must affirmatively obligate the lessee and all other residents to abide by the provisions of this Declaration and by the provisions of the Articles of Incorporation and the Bylaws and all rules and regulations of the Association. Any failure by the lessee to comply therewith shall be a default under the lease; and

(b) No lease shall be for a period of less than thirty (30) days.

SECTION 4.14. Drainage. No material change may be made in the ground level, slope, pitch or drainage patterns of any Lot as fixed by the original finish grading except after first obtaining the prior written approval of the Board. Grading shall be maintained, at all times so as to conduct irrigation and surface waters away from buildings and so as to protect foundations and footings from excess moisture.

ARTICLE V

MAINTENANCE OBLIGATIONS OF OWNERS

SECTION 5.01. Improvements . The Dwelling Unit and all other Improvements upon each Lot (except the sprinkler system and landscaping, hedges, planted trees and shrubs and other landscape Improvements to be maintained by the Association as in Section 11.05(b) hereof provided and subject to Section 9.08 herein) shall be maintained by the Owner of said Lot at said Owner's own expense. Without limiting the generality of the foregoing, this maintenance obligation shall include snow, ice and trash removal and paint, repair, replacement and care of roofs, gutters, downspouts, exterior building surfaces, windows, glass, walks, driveways and other structures. An Owner shall not allow any such Improvement upon his Lot to fall into disrepair, and each such Improvement shall at all times be kept in good condition and repair and adequately painted or otherwise finished by and at the expense of the Owner before the surfacing becomes weather-beaten or worn off. Materials which are customarily left unfinished are permitted so long as in the opinion of the Board they have not become unsightly. Each Owner shall have the obligation to replace any exterior finishing or other materials removed with similar colors and types or kinds of materials, such colors and materials to be approved by the Board. No Owner shall make any changes or alterations of any type or kind to the exterior surfaces of the Dwelling Unit or other Improvements on his Lot without the prior approval of the Board.

SECTION 5.02. Failure to Maintain. If any Owner fails to carry out or neglects the responsibilities set forth in this Article or in Section 9.08 of this Declaration, the Association may fulfill the same and charge such Owner therefor. Any amount assessed against an Owner by the Association pursuant to this Section shall be in addition to any annual or special assessment to which said Owner's Lot is subject, but the Association shall have all of the rights pertaining to a special assessment specified in Section 12.05 hereof for such amount. Any expense incurred by an Owner under this Article shall be the sole expense of said Owner.

ARTICLE VI

PROPERTY RIGHTS IN COURTYARD COMMON AREAS

SECTION 6.01. Owners' Easements of Enjoyment. Each Owner shall have a nonexclusive right and easement of enjoyment in and to the Courtyard Common Area associated with said Owner's Lot (but not in or to other Courtyard Common Areas in The Overlook), which right and easement shall be appurtenant to and shall pass with the title to said Lot. Such right and easement of enjoyment in and to the Courtyard Common Area shall be subject to the following:

(a) The right of the Association, in accordance with its Articles of Incorporation and Bylaws, to borrow money for the purpose of improving any Courtyard Common Area, and facilities situated thereon, and in aid thereof to mortgage or grant other security interests in the Courtyard Common Area, as the case may be; provided, however, that the rights of any Mortgagee shall be subject to the rights of the Owners while any Mortgage is current and not in default, and further provided that no funds may be borrowed nor shall any Mortgage be given on any Courtyard Common Area unless Section 11.06 hereof is fully complied with. Further, any such mortgage transaction while there is a Class B membership pursuant to Section 11.02 hereof must be approved by the Veterans Administration.

(b) The right of the Association to dedicate, transfer, grant or convey all or any part of the Courtyard Common Area, subject to the ingress and egress and utility easements created by recorded subdivision plats of The Overlook and this Declaration, to any public agency, authority, utility or other Person for such purposes and subject to such conditions as may be agreed to by the Members and by Persons holding Mortgages on any portion of the subject property. No such dedication, transfer, grant or conveyance shall be effective unless Section 11.06 hereof has been fully complied with. Further, any such transaction while there is a Class B membership pursuant to Section 11.02 hereof must be approved by the Veterans Administration. Declarant shall have the right at any time to use so much of the Courtyard Common Area as it may deem reasonably necessary and advisable for the purpose of aiding in the construction and development of the unimproved Lots and the Courtyard Common Area, and the maintenance and repair of the same; provided, however, that such use may not unreasonably interfere with an Owner's use and access to the Courtyard Common Area nor with an Owner's right of ingress and egress to his Lot.

SECTION 6.02. Delegation of Use. Each Owner's right and easement of enjoyment in and to the Courtyard Common Area associated with said Owner's Lot shall extend to the members of said Owner's family who reside on his Lot and to said Owner's guests. Any Owner shall delegate his right of enjoyment to the aforesaid Courtyard Common Area to his tenants who reside on his Lot.

ARTICLE VII

FURTHER SUBDIVISION

No Lot shall be further divided or subdivided, nor may any easement, right-of-way or other interest therein less than the whole, other than a leasehold estate or interest in or to the Lot or an easement across the Lot in question to serve only said Lot or the Improvements located thereon, be conveyed by the Owner of said Lot, nor shall any two or more Lots be combined into a single parcel. Notwithstanding the foregoing, however, while Declarant is the Owner thereof, Declarant may further divide and subdivide any Lot, convey any easement, right-of-way or other interest less than the whole and combine any two or more Lots into a single parcel. Nothing herein shall prohibit transfer or sale of any Lot to more than one Person to be held by them as tenants in common or joint tenants or prohibit the granting of any Mortgage. Nothing herein shall prohibit easements created by recorded subdivision plats or this Declaration for utilities, drainage or vehicular or pedestrian ingress and egress.

ARTICLE VIII

UTILITIES

SECTION 8.01. Payment of the Cost of Utilities and Services. Each Lot is subject to all easements for gas, electric, telephone, cable television, water, sewer and other lines as are necessary to provide utility services to said Lot or adjacent Lots and the Improvements located thereon, arid each Owner shall execute such further grant or other documentation as may be required by any utility or other company or public, governmental or quasi-governmental entity for such purposes. Each Owner shall be billed separately and shall pay as billed for all electric, gas, telephone, cable television and other utilities and services supplied to said Owner's Lot and the Improvements located thereon; provided, however, that electricity and other utility costs to the extent incurred for the operation of the sprinkler systems throughout The Overlook shall not be billed separately to each Owner and that water and sewer shall not be billed separately to each Owner and, therefore, the cost of said electricity and other utility costs associated with the operation of the sprinkler systems and all water and sewer shall be borne as provided in Article XII hereof.

SECTION 8.02. Rules and Regulations. Each Owner agrees to abide by all applicable rules and regulations of all utility and other companies and public, governmental and quasi-governmental entities which supply any of the services mentioned in Section 8.01 above.

SECTION 8.03. Street Lighting. All Lots and Courtyard Common Areas shall be subject to and bound by Intermountain Rural Electric Association tariffs which are now or may in the future be filed with and approved by the Public Utilities Commission of the State of Colorado relating to street lighting, together with rates, rules and regulations therein provided, and subject to all future amendments and changes thereto so approved. The Owner of each Lot shall pay as billed a portion of the cost of public street lighting according to Intermountain Rural Electric Association rates, rules and regulations, including future amendments and changes, on file with and approved by the Public Utilities Commission of the State of Colorado. The cost of the tariff so apportioned to each Courtyard Common Area shall be borne as provided in Article XII hereof.

ARTICLE IX

EASEMENTS

SECTION 9.01. Courtyard Common Area. The easements over and across the Courtyard Common Areas shall be those shown, or provided for, upon the recorded plats of The Overlook and such other easements as may be established pursuant to or provided for by the provisions of this Declaration.

SECTION 9.02. Owners' Easements for Access . Each Owner of a Lot shall have a nonexclusive easement upon, over and across the Private Cul-de-sac serving the Cluster Area in which such Owner resides and a nonexclusive easement upon, over and across any Common Driveway serving said Owner's Dwelling Unit, which easements shall be for the purpose of access between such Owner's Lot and a dedicated street. Each Owner's entry upon the Private Cul-de-sac and any Common Driveway affected by the easements herein granted shall be made with due consideration for other Owners using the Private Cul-de-sac or Common Driveway and without obstruction-to the passage of other persons.

SECTION 9.03. Easements for Encroachment. If any Dwelling Unit or other Improvement located on the Courtyard Common Area encroaches or shall hereafter encroach upon a Lot, an easement for such encroachment and for the maintenance of the same shall and does exist. If any Dwelling Unit or other Improvement located on a Lot encroaches or shall hereafter encroach upon the Courtyard Common Area, or upon an adjacent Lot, the Owner of that Lot shall and does have an easement for such encroachment and for the maintenance of the same. Such encroachments shall not be considered to be an encumbrance either on the Courtyard Common Area or the Lot. Encroachments referred to herein include, but are not limited to, encroachments caused by error in the original construction of the Dwelling Unit or other Improvement, by error in the recorded plats of The Overlook, by overhangs as designed, or by settling, rising or shifting of the earth, or by changes in position caused by repair or reconstruction of The Overlook or any part thereof.

SECTION 9.04. Utilities. Each Owner of a Lot shall have a nonexclusive easement upon, over, across and under the Courtyard Common Area and each Lot for the purpose of the installation, maintenance, repair or replacement of any utility or sewer services to such Owner's Lot located beneath the Courtyard Common Area or any Lot. Further, notwithstanding anything contained in Section 6.01(b) of Article VI hereof, the Board of the Association or, until such time as the Class B membership has ceased to exist as provided in Section 11.02 hereof, Declarant may grant easements upon, across and under the Courtyard Common Area to any public agency, authority or utility for installing, replacing, repairing and maintaining all utilities, including but not limited to water, sewers, gas, telephones and electricity, without a vote of the membership.

SECTION 9.05. Easement for the Association . The Association (including its agents, employees and contractors) shall have a non-exclusive easement to make use of the Courtyard Common Area and each Lot as may be necessary or appropriate to perform the duties and functions which it is obligated or permitted to perform pursuant to this Declaration.

SECTION 9.06. Emergency Easement. A non-exclusive easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance and other similar emergency agencies or persons, now or hereafter servicing The Overlook, to enter upon all streets, roads and driveways located in The Overlook, and upon the Real Property, in the performance of their duties.

SECTION 9.07. Easements Deemed Created. All conveyances of Lots hereafter made, whether by Declarant or otherwise, shall be construed to grant and reserve such reciprocal easements, uses and rights as are provided in this Declaration, even though no specific reference to such easements, uses or rights appears in any such conveyance.

SECTION 9.08. Owners' Easements for Parking. Where the parking space adjacent to a garage is located on more than one Lot, the Owner of the Lot where said garage is located shall have an exclusive easement upon, over and across the portions of the other Lot on which said parking space is located for said Owner, members of his family, his agents, employees, invitees, licensees and lessees to park a private vehicle and for the reasonable maintenance of the same. The cost of such reasonable maintenance, including without limitation snow removal, shall be the obligation and at the expense of the Owner who makes use of the parking space as provided for above, and in the event said Owner shall neglect said maintenance obligation or refuse to rebuild or repair or to pay for such maintenance, repairs or restoration of said parking space as required by Section 14.03, the other Owner of the Lot on which the parking space is located may have the parking space maintained, repaired or restored and, upon application to the Board and the affirmative vote of the Board, such liability shall be assessed by the Association against the Owner so failing to maintain, repair or restore for the benefit of the other Owner and the Association shall have all of the rights pertaining to a special assessment for such an assessment for failure to pay. No modification or relocation of a parking space located on more than one Lot may be accomplished by the Owner of any Lot unless the Owners of all Lots affected in any way by such modification or relocation agree in writing to the same. Any dispute that arises concerning a parking space located on more than one Lot, or under the provisions of this section, shall be settled by the Board of Directors of the Association.

ARTICLE X

COMMON DRIVEWAYS

SECTION 10.01. Sharing of Maintenance. The cost of reasonable maintenance of a Common Driveway, including without limitation snow removal, shall be shared equally by the Owners who make use of the Common Driveway.

SECTION 10.02. Damage or Destruction . In the event of damage to or destruction of a Common Driveway, the following provisions shall apply:

(a) In the event any Common Driveway is damaged or destroyed through the act of one adjoining Owner, or any of his guests, agents, employees, invitees, licensees, lessees or members of his family, whether or not such act is negligent or otherwise culpable, so as to deprive the other adjoining Owner of the full use and enjoyment of such Common Driveway, then the first of such Owners shall forthwith proceed to rebuild and repair, or contract for the rebuilding and repair of, the Common Driveway to its former good condition without cost to the adjoining Owner.

(b) In the event any Common Driveway is damaged or destroyed (including ordinary wear and tear and deterioration from lapse of time) by some cause other than the act of one of the adjoining Owners, or any of his guests, agents, employees, invitees, licensees, lessees or members of his family, then, unless both of such Owners otherwise agree in writing, both such adjoining Owners shall proceed forthwith to rebuild or repair, or contract for the rebuilding and repair of, the Common Driveway to its former good condition at their joint and equal expense.

SECTION 10.03. Failure to Pay. If either adjoining Owner shall neglect or refuse to pay his share of the cost of maintaining, rebuilding or repairing the Common Driveway or to pay all of said cost, as the case may be, the other Owner may have the Common Driveway maintained, repaired or restored and, upon application to the Board and the affirmative vote of the Board, such liability shall be assessed by the Association against the Owner so failing to pay for the benefit of the other Owner and the Association shall have all of the rights pertaining to a special assessment for such an assessment for failure to pay.

SECTION 10.04. Modification or Relocation. No modification of or relocation of a Common Driveway may be accomplished by the Owner of any Lot unless the Owners of all Lots affected in any way by such modification or relocation agree in writing to the same.