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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (dated 2-24-05)

 MYRTLE BEACH HARDEE AIRPARK

 (Click Choice For Printable Copy - PDF or Word)

This Declaration of Covenants, Conditions and Restrictions is made this 15th day of October, 2001, by H & H Developers, LLC, a South Carolina Limited Liability Company, hereinafter referred to as the "Declarant".
 WHEREAS, the Declarant is the owner of certain real property located in Loris, South Carolina, and fully described as Section ____ of the Myrtle Beach Hardee Airpark LLC. Plat of a survey prepared by INMAN SURVEYORS of Tabor City N.C.,   dated October 15, 2001 and to be recorded herewith in the office of the RMC for Horry County, Loris, South Carolina, and desires to create thereon a residential planned development so improved as to afford each landowner the natural and structural beauty for the accommodation of a gracious living and at the same time provide convenience of facilities for the furtherance of their common interest in aviation.
 WHEREAS, the Declarant desires to insure the values and amenities in said planned development, to prevent any future impairment thereof, and to provide for the maintenance of all common areas, by subjecting the real property, together with any additions to said property, to the covenants, restrictions, easements, charges, and liens hereinafter set forth, each of which is and are for the benefit of each property and each owner thereof.
 WHEREAS, the Declarant has deemed it desirable for the efficient preservation of the values and amenities in said planned development to create an agency to which will be delegated and assigned the powers of maintaining and administering the planned development properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created. For this purpose the Declarant has caused to be incorporated under the laws of South Carolina as a non-profit corporation, Hardee Property Owners Association, Inc.
 NOW, THEREFORE, Declarant, by this DECLARATION of Covenants, Conditions and Restrictions, does hereby declare that all the property described herein and shown as lots 1 up to 150 on the Hardee Subdivision plat dated September , 2003 by INMAN SURVEY, Inc.. for Horry County, South Carolina is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions, easements, charges and liens set forth in the Declaration which shall run with the real property and be binding on all parties owning any right, title or interest in said real property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
 Declaration of Covenants, Conditions, and Restrictions
 TABLE OF CONTENTS
Article I Definitions
1.1 Architectural Control Committee
1.2 Architectural Guidelines
1.3 Association
1.4 By-Laws
1.5 Common Area
1.6 Declarant
1.7 Development/Properties
1.8 Lot
1.9 Mortgage
1.10 Mortgagee
1.11 Owner
1.12 Runway
1.13 Taxi-way
 Article II The Association
2.1 Dedication of Common Area
2.2 Responsibility for Common Area
2.3 Membership
2.4 Classes of Membership and Voting Rights
2.5 Compliance with the Document
2.6 Rules and Regulations
2.7 Ownership of Personal and Real Property for Common Use
2.8 Assistance to Architectural Control Committee
2.9 Implied Rights and Obligations
 Article III Architectural Control Committee
 Article IV Architectural Guidelines and Rules
4.1 Land Use
4.2 Partition of Combination of Lots
4.3 Commercial Businesses Prohibited
4.4 Common Area
4.5 Architectural Control
4.6 Dwelling Size
4.7 Location
4.8 Structure Material
4.9 Kind of Home
4.10 Driveways
4.11 Drainage
4.12 Continuity of Construction
4.13 Reconstruction
4.14 Construction Traffic
4.15 Hangar Specifications
 Article V Restrictions and Covenants
5.1 Failing to Comply
5.2 Maintenance
5.3 Sewage
5.4 Toxic
 Article VI Aircraft and Hangar Restrictions and Parking
Article VII Runway Assurances and Operations
Article VIII Easements and Setbacks
Article IX Insurance
Article X Right of First Refusal
Article XI Maintenance Assessments
Article XII Duration, Amendments and Enforcement of Covenants
Article XIII Principle of Interpretation
Article XIV Condemnation
Article XV Expansion

ARTICLE I Definitions

 Section 1.1 Adjoining Land shall mean and refer to land contiguous with the Property, whether or not owned by Declarant, which is or may be made subject to this Declaration.
 Section 1.2 Annexation shall mean and refer to the process by which portions of the Expansion Property or Adjoining Land are made subject to this Declaration as provided in Article XVI below.
 Section 1.3 Architectural Control Committee (ACC) shall mean and refer to a committee formed to maintain the quality and architectural harmony of improvements to the Development.
 Section 1.4 Architectural Guidelines shall mean and refer to the guidelines and rules established and supplemented from time to time by the Architectural Control Committee.
 Section 1.5 Articles or Articles of Incorporation shall mean and refer to the Articles of Incorporation of the Association which will have been filed with the Secretary of State to create the Association.
 Section 1.6 Assessments shall mean and refer to Annual, special and default assessments levied pursuant to Article XI below to meet the estimated cash requirements of the Association.
 Section 1.7 Association shall mean and refer to the Hardee Airpark Property Owners Association, LLC., a non-profit Limited Liability South Carolina corporation its successors and assigns.
 Section 1.8 Board of Directors shall mean and refer to the Board of Directors of the Association, which is the governing body of the Association.
 Section 1.9 By-Laws shall refer to the bylaws of Hardee Airpark Property Owners Association attached to the Declaration and incorporated herein by this reference.
 Section 1.10 Myrtle Beach Hardee Airpark shall mean and refer to the planned community created by this Declaration, consisting of the property and of all improvements located on the property.
 Section 1.11 Hardee Airpark Documents shall mean and refer to the basic documents creating and governing Hardee Airpark, including but not limited to this Declaration, the Articles of Incorporation and Bylaws of the Association, the Architectural Guidelines and any Procedures, Rules, Regulations or Policies adopted under such documents by the Association of the Architectural Control Committee.
 Section 1.12 Common Area shall mean any and all real and personal property and easements and other interests therein, together with the facilities and improvements located thereon, now and hereafter owned by the Association for the common use and enjoyment of the Owners.
 Section 1.13 Declarant Shall mean and refer to Hardee & Heidebrink Developers, LLC a South Carolina Limited Liability Company, and its successors-in-title and assigns. It is expressly understood that there shall be only one person or legal entity entitled to exercise the right and power of the "Declarant".
 Section 1.14 Declaration of Annexation shall mean and refer to a declaration prepared and recorded in accordance with Article XVI below to incorporate the Adjoining Land within the Property governed by this Declaration.
 Section 1.15 Development/Properties Shall mean and refer to certain real property and interest therein described as Phase I, II, III of Hardee Estates Plat attached hereto, and such additions thereto as made by the Declarant.
 Section 1.16 Improvements shall mean and refer to all buildings and structures, parking areas, fences, walls, hedges, plantings, pools, driveways, ponds, lakes, recreational facilities, signs, changes in any exterior color or shape, excavation and all other site work including without limitation grading, road construction, utility improvement, removal of trees or plantings, and any new exterior construction or exterior improvement which may be included in the foregoing. "Improvements" does not include turf, shrub or tree repair or replacement of a magnitude which does not change exterior colors or exterior appearance. "Improvements" does include both original improvements and all later changes and improvements.
 Section 1.17 Licensor shall mean and refer to Hardee Airpark Property Owners Association, LLC, a South Carolina Limited Liability Company, which owns the runway and will issue licenses for the use of said runway.
 Section 1.18 Lot shall mean and refer to any plot of land within the Hardee properties whether or not improvements are constructed thereon, which constitutes or will constitute a single family dwelling. The ownership of each Lot shall include all the rights, title, and interest of an Owner in the Common Property, which shall include without limitation, membership in the Association.
 Section 1.19 Maintenance Fund shall mean and refer to the fund created by assessments and fees levied pursuant to Article XI below to provide the Association with the funds required to carry out its duties under this Declaration.
 Section 1.20 Member shall mean and refer to any person or entity holding membership in the Association.
 Section 1.21 Mortgage shall mean and refer to any mortgage, deed to secure debt, deed of trust, and any and all similar instruments used for the purpose of encumbering real property in this Development as security for the payment or satisfaction of an obligation.
 Section 1.22 Mortgagee shall mean and refer to a holder of a mortgage.
 Section 1.23 Owner shall mean and refer to the record owner, whether one or more persons, of  the fee simple title to a Lot located within the Development, and entitled to one vote per Lot as a member of the Hardee Property Owners Association, but excluding those having such interest merely as security for the performance of an obligation.
 Section 1.24 Plat shall mean and refer to any plat (or as-built survey) depicting the Property filed in the R.M.C. office for the County of Horry, State of South Carolina, as such  Plat may be amended from time to time.
 Section 1.25 Property shall mean and refer to the Property initially subject to this Declaration and any additional Real Property from time to time subject to these Covenants pursuant to the provisions of this Declaration.
 Section 1.26 Recreational Facilities shall mean and refer to the recreational facilities or amenities owned by Declarant and located within the Property from time to time.
 Section 1.27 Runway shall mean that property located at the center of the subdivision used for the purpose of aircraft takeoffs and landings.
 Section 1.28 Taxi-way shall mean and refer to those right-of-ways radiating from the runway or otherwise as shown on the Plat for the purpose of providing access for aircraft to and from the runway.

 ARTICLE II     The Association

 Section 2.1 Dedication of Common Area. Declarant may hereafter convey to the Association certain parts of the property as Common Area intended for common use by the owners in Hardee Airpark Owners Association L.L.C. Such designated areas shall, upon conveyance, be dedicated to the common use and enjoyment of owners, and their families, guests, tenants, and invitees.
 Section 2.2 Responsibility for Common Area. Subject to the rights of the owners set forth in this Declaration, the Association shall be responsible for the management and control of the Common Area dedicated under Section 2.1 above and all improvements in the Common Area (including equipment related thereto), and shall keep it in good, clean and attractive condition and repair consistent with the requirements of a first class residential and recreational community, pursuant to the terms and conditions of this Declaration.
 Section 2.3 Membership. Every Owner, by virtue of being an Owner and for as long as he is an Owner, shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. No Owner, whether one or more persons, shall have more than one membership per Lot owned, but all of the persons owning each Lot shall be entitled to rights of membership and of use and enjoyment appurtenant to such ownership. The combination of two or more original Lots will be considered a single Lot for membership and assessment purposes. The Articles of Incorporation and Bylaws of the Association may set forth additional classifications of membership, which Members may or may not be Owners.
 Section 2.4 Classes of Membership and Voting Rights. Each Member shall be entitled to one vote for each Lot, according to the plat. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as the Owners among themselves determine, and the Secretary of the Association shall be notified of such designation prior to any meeting. In the absence of such notification, the vote allocated to the Lot shall be suspended in the event more than one person or entity seeks to exercise the right to vote. Any Owner of a Lot which is leased may assign his voting right to the tenant, provided that a copy of the Instrument of Assignment is furnished to the Secretary of the Association prior to any meeting at which the tenant exercises the voting right. All leases shall require, without limitation, that the tenant acknowledge receipt of a copy of the Declaration, the Bylaws, Architectural Guidelines, and the Restrictions and Covenants of the HAPOA. The lease shall also obligate the tenant to comply with the foregoing. Also fines may be levied against Owners or occupants, and if a fine is first levied against an Occupant and is not paid timely, the fine may then be levied against the Owner.
 Section 2.5 Compliance with the Document. Each Owner shall abide by and benefit from the Provisions, Covenants, Conditions, and Restrictions contained in the HAPOA Covenants and Restrictions and Bylaws. A copy of the Association Rules in effect shall be distributed to each Member of the Association, and any change in the Association rules shall be distributed to each Member within a reasonable time following the effective date of any change.
 Section 2.6 Rules and Regulations. The Association from time to time and subject to the provisions of the HAPOA Documents, may adopt, amend and repeal rules and regulations, to be known as "Association Rules," governing, among other things and without limitations:
a. The Use of Open Space,
b. The Use of Private Roads,
c. Collection and Disposal of Garbage and Trash,
d. The Posting of Maximum Speeds for Vehicular Traffic and Other Traffic Rules,
e. The Types of Vehicles and Times when any Vehicles (including Commercial Vehicles) may be permitted to use the roads within Hardee Airpark or any other area of the Property.
f. The Schedule of Fines for Infractions of the Association Rules or the Project Documents.
 Section 2.7 Ownership of Personal and Real Property for Common Use. The Association, through action of its Board of Directors, may acquire, hold and dispose of tangible and intangible personal property and real property. The Board, acting on behalf of the Association, may accept any real or personal property, leasehold or other property interest within Hardee Airpark conveyed to the Association by Declarant.
Section 2.8 Assistance to Architectural Control Committee. The Association shall in all respects cooperate with and assist the ACC in the complete attainment of the ACC's functions, and the enforcement of its architectural guidelines, rules, regulations and decisions.
 Section 2.9 Implied Rights and Obligations. The Association may exercise any other right or privilege given to it expressly by the Hardee Airpark Documents, and every other right or privilege  reasonably to be implied from the existence of any right or privilege given to the Association under this Declaration or reasonably necessary to effectuate any such right or privilege. The Association shall perform all of the duties and obligations imposed upon it expressly by the Hardee Airpark Documents, together with every other duty or obligation reasonably to be implied from the express provisions of the Hardee documents where reasonably necessary to satisfy any such duty of obligation.

 ARTICLE III    Architectural Control Committee (ACC)

 Myrtle Beach Hardee Airpark is designed as a private residential community with strict architectural controls which allows aircraft owners and pilots convenient access to the runway. To insure that the property will be developed harmoniously and that consistency is maintained throughout the Development, an Architectural Control Committee will formulate, review and control a comprehensive landscape plan, street lighting, signs, fencing, parking and site improvements including structures of all types as set forth in the Architectural Guidelines and Rules. The initial Architectural Control Committee shall consist of (3) members:  Eldred Hardee, Ronald Heidebrink and future home owners, or their designees. In the event of the failure or inability, for any reason, of a member to act, the vacancy created shall be filled temporarily or permanently, as necessary, by the remaining members of the ACC. At such a time as the Development is being completed the above members or their designees, may relinquish the powers of the ACC to the Owner's Association. At that time, at least one of the members of the initial ACC may choose to continue their position on the new ACC, the other members shall be appointed by the Board of Directors of the Owner's Association. The new ACC will promulgate such guidelines as may be necessary to implement the architectural review process not inconsistent with established practice. Any expenses incurred by the ACC will be paid for by the Association.
 The Architectural Control Committee  (ACC)shall:
3.1. regulate the external design, appearance, and location of the Properties and Lots and any improvements thereof.
3.2. adopt architectural guidelines and programs consistent with covenants and restrictions.
3.3. inspect for compliance with these guidelines.
3.4. adopt procedures for the exercise of its duties.
3.5. maintain complete and accurate records of all actions taken.
Notwithstanding anything to the contrary contained herein, the Architectural Control Committee or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws and any rule, regulation or use restriction promulgated pursuant thereto if it determines that waiver of application of enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the community.

 ARTICLE IV   Architectural Guidelines and Rules

 Section 4.1. Land Use. All Lots shall be used for residential purposes only and common recreational purposes auxiliary thereto and for no other purpose. No lot shall be used as a right-of-way, street or road, or access to any property not included within the Properties of this Development without the written consent of the Declarant. Only one family may occupy a Lot as a principal residence at any one time. No structure, except as herein provided shall be erected, altered, placed or permitted to remain on any lot other than one (1) detached single family dwelling and such accessory buildings or hangar as shall be used in connection with the dwelling or residence. Such accessory buildings or hangar may not be constructed prior to the completion of the dwelling unless waived by the ACC and then limited to a one year completion deadline. Furthermore the accessory building or hangar shall comply with all other restrictions contained herein for the main dwelling, including, but not limited to, exterior requirements, setback lines and permanent foundations. A guest suite or a like facility without a kitchen may be included as part of the main dwelling or accessory building, but such suite may not be rented or leased except as part of the entire premises including the main dwelling. Furthermore, no airplane hangar, or any portion thereof, shall be used as a primary residence in any manner whatsoever.
 Section 4.2. Partition or Combination of Lots. No Lot shall be subdivided or its boundary lines changed except with prior written approval of the Declarant. Declarant, however, hereby expressly reserves the right to re-plat any Lot or Lots. Declarant's consent shall be conditioned upon payment by the Owner or Owners concerned of all expenses incident to giving the consent, including legal and accounting fees. Every agreement and recorded instrument for combination of Lots shall make adequate provisions for the adjustment of voting rights and liability for payment of assessments appurtenant to or imposed upon such Lots. Whether combined or unchanged, each Lot shall be conveyed, transferred, gifted, devised, bequeathed, encumbered or otherwise disposed of, as the case may be, with all appurtenant rights and interests created by law or this Declaration, including the membership in any association and all the rights thereof.
Section 4.3. Commercial Businesses Prohibited. No commercial business of any type shall be permitted; however, nothing herein contained shall be construed as preventing the Declarant from erecting and maintaining facilities of a commercial, recreational or community nature or facilities incident to the use of the runway, taxi-way and easements. This should not exclude any home office, but no customer, clients, or patients can be seen on residential premises. Also, this should not exclude work done on non-owned aircraft so long as such work is done inside a hangar and the completed aircraft confirms with all requirements as set forth in these covenants. No one, other than the Declarant, can allow the use of the airport or runway for commercial activity or for self-enterprise.
 Section 4.4 Common Area. The Common Area shall be owned by the Declarant or the Association and no Owner shall bring any action for partition or division of the Common Area by acceptance of a deed or other instrument of conveyance or assignment, each Owner shall be deemed to have specifically waived such Owner's right to institute or maintain a partition action or any other action designed to cause a division of the Common Area, and this section may be pleaded as a bar to any such action. Any owner who shall institute or maintain any such action shall be liable to the Declarant or the Association, and hereby agrees to reimburse the Declarant or the Association for its costs, expenses and reasonable attorney's fees in defending any such action.
 Section 4.5. Architectural Control. No dwelling unit, hangar or other building shall be erected, placed or altered on any Lot until the plans for each showing locations of the units on the Lot and the landscaping plan for the Lot have been submitted to and approved by the Architectural Control Committee. Such plans shall be reviewed as to quality of workmanship and materials, harmony of external design with existing dwelling units and hangars, and as to location with respect to topography and finish grade elevation, and house, hangar and other buildings shall be of similar architectural design, before being approved by Architectural Control Committee or its successor or assigns. No home, garage, hangar or other building may be constructed on any lot unless such work meets all County Codes then in existence. A copy of the builder or contractor's license must be submitted with construction plans to the ACC.
 Section 4.6. Dwelling Size. Each single family dwelling on a Lot shall have a heated square foot area of 1600 minimum. Runway lots on 18/36 minimum heated is 2000 square feet. No dwelling unit shall be permitted on any Lot that has a ground floor area of the main structure, exclusive of porches, patios, hangars and garages of less than 1000 square feet on the first floor for one and one-half story, split-level, and two story dwellings. If a dwelling incorporates a basement, such basement shall not be considered a "level" or "story" and the level of the dwelling immediately above the basement shall be considered the "first level" or "first story" of such dwelling. Each dwelling shall include space for parking at least two automobiles within an enclosed garage or hangar in accordance with Section 5.15.
 Section 4.7. Location. In order to assure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the elevation contours of the Lot, the location of adjoining dwellings, and similar considerations, the Declarant or the ACC reserves unto itself, its successors and assigns, the right to control absolutely and solely to decide the precise site and location of any structure, improvements, and utilities upon all Lots and every Lot within the Development; provided, however, that such location shall be determined only after reasonable opportunity is afforded the Owner to recommend a specific site, and in any event all buildings (including eaves, decks, patios and steps) shall be constructed beyond the minimum setback lines.
 Section 4.8. Structure Material. Unless specifically otherwise approved in writing by the ACC, all structures constructed or placed on any Lot shall be built of substantially new materials and no used structures shall be relocated or placed on any such Lot. No dwelling shall have an exterior surface composed of asbestos siding, exposed concrete block, cinder block, aluminum siding, or other similar material. Vinyl siding products will be considered on a case by case basis.
 Section 4.9. Kind of Home. No mobile or manufactured homes of any kind, or any home having the same general appearance, shall be permitted on any Lot. No building or structure of a temporary nature: trailer, tent, shack, garage or other out-building shall be erected or maintained on any Lot at any time. Furthermore, no building shall be permitted on any Lot unless it is erected on a solid foundation of brick or masonry from the ground level to first floor level.
 Section 4.10. Driveways. Driveways and walkways shall be constructed of asphalt, concrete, brick or other suitable hard-top surface with a minimum thickness of four inches or as approved by the ACC. If any driveway is to cross a drainage ditch, the Owner will be required to install, at his own expense, all necessary culverts and coverings prior to the commencement of any other construction on the Lot. The installation of the culvert and any covering must be approved by the ACC.
Section 4.11. Drainage. No owner shall do or permit any work, construct any improvements, place any landscaping or suffer the existence of any condition whatsoever which shall alter or interfere with the drainage pattern of the Property, except to the extent such alteration and drainage pattern is approved in writing by the Declarant or HAPOA, and except for the rights reserved to Declarant to alter or change the drainage patterns.
 Section 4.12. Continuity of Construction. All structures approved by the ACC must be completed insofar as the exterior finish is concerned within 12 months from the date of issuance of a building permit for said structure. The ACC may waive this requirement if construction delays have been caused by strikes, war, fire, or acts of God which render the completion of construction within such time impossible. All improvements commenced on the Property shall be executed diligently to completion and shall be completed within 12 months of commencement, unless an exception is granted in writing by the ACC. If an Improvement is commenced and construction is then abandoned for more than ninety (90) days or if construction is not completed within required 12 month period, then after notice and hearing as provided in the By-laws, the ACC may impose a fine of up to One Hundred ($100.00) Dollars per day on the Owner of the Lot. Furthermore, prior to occupancy of the dwelling or within one year after the issuance of a Building permit , the lot owner shall have his property sown in grass and have planted foundation landscaping around the dwelling and other accessory buildings in accordance with the proposed landscaping plans previously submitted and approved.
 Section 4.13. Reconstruction. Any building on any Lot which is destroyed in whole or in part by fire, windstorm, flood or other Act of God must be rebuilt, or all debris from such building removed and the Lot restored to the condition it was in prior to commencement of construction of such building with reasonable promptness; provided, however, that any such reconstruction must be commenced within 3 months from the date of such destruction or if no reconstruction is to occur, then all such debris must be removed and the Lot restored to its prior condition within 3 months of such destruction.
 Section 4.14. Construction Traffic. Construction traffic is prohibited on the common area runway, taxi-way, and tie down areas. The failure of a lot owner to prevent construction traffic associated with his lot from entering upon the common area runway, taxi-way, and tie down areas shall make that Lot owner liable for any necessary repairs caused by construction traffic upon these areas. Lot owners shall specifically include a clause in their construction contracts prohibiting contractor equipment from entering upon the common areas, runway, taxi-way, and tie down areas.
 Section 4.15. Hangar Specifications. Each Lot adjoining the taxi-way right-of-way may have a hangar for the storage of private aircraft. Such hangar if constructed, must be compatible with the adjoining dwelling unit and will be subject to ACC approval and architectural controls. No hangar shall be erected within the front yard (closer to the street than the front of the dwelling) on any Lot, and only within the rear or side yards unless approved by the ACC. No hangar shall be erected nearer than 25 feet from side lot lines nor nearer than 25 feet from Lot lines facing interior taxi-ways. Hangars built facing the runway must be at least 75 feet from the lot line adjoining the runway and all hangars must conform with Section 8.1.   All hangars erected, constructed or maintained upon any lot shall be fully enclosed permanent structures and shall not exceed 2000 exterior square feet, which size shall include any space allocated for workshop, restroom facilities, storage area or any other purpose. A hangar may be built before the dwelling house only when permitted in writing by the Architectural Control Committee but substantial completion of the dwelling house insofar as the exterior finish is concerned must be accomplished within 12 months from date of issuance of building permits for hangar structure. Any change from the above specifications will require written permission of the ACC.  Hangars in excess of 2001 Sq. Ft. must meet building codes and be on Lots in excess of one and one half acres. The ACC and Declarant must approve its location.

 ARTICLE V   Restrictions and Covenants

 Section 5.1 Failing to Comply: In the event the owner of any lot shall fail to comply with any of the below mentioned criteria, or fails to maintain the premises and the exterior of the improvements situated thereon, or permits litter and debris to accumulate on his lot, or allows hedges or other plantings to obscure the view of the street traffic, or fails to comply with any other reasonable fire preventive requirements, the HAPOA, through its agents and employees, shall have the right to enter upon such premises and to repair, maintain, rehabilitate and restore the exterior of any improvements situated thereon and/or clean or clear any lot of debris, or take any other steps necessary to remove litter and debris, or take any other steps necessary to meet reasonable fire preventive regulations; provided, however, that the HAPOA, or its agents, shall first give written notice to the owner of said lot of its intention to make such repairs or of its intention to perform such clearing, maintenance or rehabilitation work, affording the owner of said lot 30 days in which to make said necessary  repairs, maintenance, or clearing work. If at the end of this period the work to be performed has not been done by the owner, then the HAPOA, or its agents, shall have the right, as set forth herein, to make such repairs, etc. Nothing herein contained shall be construed to grant to the HAPOA or its agents, any right to enter into or inside of any building located on any lot without the consent of the owner thereof. Any costs incurred by the HAPOA, or its agents, in enforcing and carrying out of the performance of this paragraph shall be charged against the owner of said lot, and a lien may be created on said lot until the HAPOA, or its agents, has been paid in full for all costs incurred.
 Section 5.2. Maintenance. All Owners shall keep their Lots, whether occupied or unoccupied, free of all tall grass, dead, diseased or decaying trees, weeds, trash, rubbish, and debris and  keep all Lots in a neat and attractive condition. All improvements erected on Lots shall be maintained in a clean neat and orderly condition and in a good state of maintenance and repair.
 Section 5.3. Sewage. No discharge, overflow, or accumulation of sewage effluent from any septic tank, drain field or other similar container shall be permitted to exist on any Lot.
 Section 5.4 Toxic Disposal Prohibited. Disposal on the site of any substances which may be considered toxic or environmentally sensitive is expressly prohibited. Disposal of any substances which may contaminate the ground water of this subdivision or the surrounding area is prohibited. These substances include, for example, but are not limited to, paints, solvents, cleaning fluids, paint strippers, fuel and oil.
 Section 5.5 Unsightly Materials Prohibited. No rubbish, garbage, debris, junk, junk vehicles, or unsightly material shall be deposited on any of the lots at any time except building material during the course of construction on the site. All rubbish, waste, or garbage shall be kept in sanitary containers, and shall be removed from the premises at least once a week. Under no conditions shall the use of incinerators or burning be allowed on this property except during the construction phase. No dismembered aircraft parts nor non-operative aircraft are to be left about the premises.
 Section 5.6. Hazardous Activities. Nothing shall be done or kept on any Lot or in the Common Area which will increase the rate of insurance on the Common Areas or any other Lot without the prior written consent of the Declarant or the HAPOA. No Owner shall permit anything to be done or kept on his Lot or in the Common Areas which would result in the cancellation of insurance on any part of the Common Areas, or which would be in violation of any law.
 Section 5.7. Nuisance. No noxious or offensive activity shall be conducted upon any Lot or in any dwelling nor shall anything be done thereon or therein which may be or may become an annoyance or nuisance to the neighborhood.
 Section 5.8. Outside Toilets. Outside toilets or privies are expressly prohibited, except where required for construction purposes or approval by the HAPOA.
 Section 5.9. Wall Hangings. An Owner shall not cause anything to be affixed or attached to, hung, displayed or placed on the exterior walls, doors, balconies or windows of his Dwelling or exterior buildings which may adversely affect the appearance of Hardee Airpark without the prior written approval of the Architectural Control Committee.
 Section 5.10. Children. Children will be the direct responsibility of their parents or legal guardians, including full supervision of them while within the Development and including full compliance by them with this rule and with all other rules and regulations of the HAPOA. All children under twelve (12) years of age must be accompanied by a responsible adult when entering and/or utilizing any recreational facility. In order to control the overall appearance of the community, no swing sets, play sets, sandboxes, basketball backboards, tree houses, animal houses or animal pens shall be erected so as to be visible  from any roadway or adjoining property, unless approved in advance by the ACC.
 Section 5.11. Pets. Pets and other animals shall neither be kept nor maintained in or about the properties except in accordance with the following. Commercial breeding or feeding of horses, cattle, goats, hogs, sheep or poultry; the operation of a commercial dairy; dog boarding kennel or veterinary hospital; and the operation of a commercial livery or boarding stable for horse; or a riding academy; and the keeping of any hog or milk cow or horse, are strictly prohibited. It is understood, however, that this restriction shall not be construed to prohibit the keeping of a limit of three (3) domestic animals (canine or feline) for family pleasure, provided that domestic animals must be restrained by fence or other appropriate protective restraint. This restraint should be from the farthest possible point from the adjoining property, and all appropriate measures must be taken by the lot owner to eliminate and prevent offensive odors and any unsightly accumulations from said animals. Noisy animals, such as incessantly barking dogs, must be controlled by their owners. No pet shall be permitted outside of its owners Lot unless attended by an adult or child of more then ten (10) years of age and said pet must be on a lease of reasonable length. At no time are any unattended domestic animals or pets allowed on the runway or taxi-way easements.
 Section 5.12. Noise. No Owner shall make or permit any disturbing noises on their Lot by himself or his family, servants, employees, agents, or visitors, nor permit any conduct by such persons that will interfere with the rights, comforts or convenience of other Owners. There shall be no discharging of firearms or fireworks on the premises.
Section 5.13. Electronic Equipment. No electronic equipment may be permitted in or on any Lot   which interferes with the television or radio reception of another Lot .
 Section 5.14: Satellite Dish. No awning, canopy, shutter, enclosure, satellite dish or other projection shall be attached to or placed upon the outside wall or roof of any structure or on the Lot, except by the approval of the Architectural Control Committee. Small, inconspicuous satellite dishes will be most compatible. Satellite dishes over forty inches in diameter must have ACC approval.
Section 5.15. Vehicles and Parking. Each home shall include an enclosed garage, or hangar with enough room for two standard automobiles with their plane, either attached or freestanding. The garage/ hangar must be completed prior to occupancy of the dwelling unless allowed by the ACC. Carports are prohibited. No owners’ vehicles shall be parked on any street. No boat, motor home, travel trailer, other recreational vehicle, or commercial truck, may be stored overnight on any Lot unless the same be within an enclosed garage. Furthermore, no wrecked or junked motor vehicles or vehicles without a current license plate and registration shall be placed upon the premises, and no commercial vehicles shall be parked overnight in the subdivision without the prior written consent of the ACC. No motor vehicle or aircraft of any kind shall at any time be parked or tied down on any of the taxi-ways, overruns, roadways or rights-of -way, except as permitted by the ACC in writing. Visitor parking areas will be available. No aircraft or vehicle can be parked within the 75 feet setback of the runway for SAFETY reasons.
 Section 5.16. Fuel Storage. No bulk storage of flammable, combustible or explosive fluids, chemicals or substances shall be allowed in any Dwelling, or on any Lot, or on the Common Areas, except that small quantities of fuels used for common activities such as lawn mowing, BBQ grills and other like activities may be kept when stored in a manner which minimizes the risk of fire or explosion. Lot Owners may not store bulk quantities of fuels used for aviation purposes on Lots or in buildings.
 Section 5.17. Fences and Hedges. The erection or installation of fences and hedges may be undertaken only with the written approval of the ACC. All fencing shall be located behind the rear building line of the main dwelling; shall be composed of materials other than metal, except that vinyl coated chain link fence may be allowed by the ACC if the fence is built in such a way that it is not visible from any road in the Development, and in no event shall exceed five (5) feet in height. Decorative fences (meaning wooden fencing, split-rail fencing or wooden fencing which has holes in the posts with wood rails running from post to post) and hedges, no more than 36 inches in height, may be permitted in the front or side yards. No fencing of any kind is allowed on any easement, taxi-way, or runway. Barbed wire is specifically prohibited.
 Section 5.18. Signs. No signs of any character shall be erected, pasted, posted, or displayed upon or about any Lot or part of any Lot, or common Area, without the written permission of the ACC. The ACC shall have the right in its sole discretion to prohibit or to restrict and control the size, construction, material, wording, location and height of all signs and may summarily remove and destroy all unauthorized signs. Declarant and Lot owners, however, may post temporary "For Sale" or "For Rent" signs on the Properties and these signs must be approved before being put on any Lot. No sign shall be attached to any tree or shrubbery. All signs must be professionally lettered, and may not contain the price of the house or lot. Furthermore, signs used by a builder during construction or informational signs by the Declarant shall be allowed.
 Section 5.19. Clothes Lines. No clothing, laundry, or wash shall be aired or dried on any portion of the Lots in an area with a substantial exposure to view from any other Lot or street. Drying areas will be permitted only in locations approved by the Architectural Control Committee and only when substantially protected from view by screening or fencing approved by the Architectural Control Committee.
 Section 5.20. Flag Poles: Flag Poles are permitted, provided the pole is not more than 20 feet in height, unless otherwise approved by the Architectural Control Committee.
 Section 5.21. Antennas. No radio or television aerial or antenna or any other external electronic equipment or devices may be installed or maintained on any exterior of any structure erected on a Lot unless the location, size, and design has been approved by the ACC.  Said antennae or equipment shall be subject to FAA and FCC regulations concerning obstructions placed in the vicinity of airports. Furthermore, all electrical, telephone, other utility lines shall be run underground.
 Section 5.22. Outdoor Lighting. One or more hospitality light standards, of a design approved by the ACC, may be located within the front yard of any Owner's property. Any outdoor lighting positioned and installed by a lot owner shall be of such a nature and type so as not to present a hazardous or confusing condition to night air operations which may be conducted from said airport and be shaded so as not to create a nuisance to any other lot owner. No light poles within 15 feet of any street.
 Section 5.23. Window Units: No window air conditioning units that can be seen from any street shall be installed without the consent of the ACC.
 Section 5.24. Mail Boxes. Each dwelling shall have a standard house number, mail box, and paper box with a design and location approved by the ACC.
Section 5.25. Swimming Pools. No non-permanent or "above ground" pools may be placed, maintained or kept on any Lot.
 Section 5.26. Artificial Vegetation, Exterior Sculpture, Exterior Statuary ,Etc. No artificial vegetation or plastic animal decorations, such as pink flamingos, etc., shall be permitted on the exterior of any property. Exterior sculpture, fountains, bird baths, bird houses, and similar items must be approved by the ACC, if visible from the front of any Lot or any adjoining street.
 Section 5.27. Mining. No boring, mining, quarrying, exploring for or removing oil or other hydrocarbons, minerals, or gases shall be conducted on the Property.
 Section 5.28. Trees. Trees having a diameter of four inches or more (measured four feet from ground level) may not be removed without the prior approval of the Architectural Control Committee.
 Section 5.29. Wells and Water Removal. No wells shall be drilled, dug or installed except with the approval of the ACC.
 Section 5.30. Access. There shall be no overland vehicular access to any Lot except from designated roads and taxi-ways lying within the Common Areas. The Declarant, HAPOA or its agents or employees shall have access to each Lot from time to time during reasonable working hours, upon oral or written notice to the Owner, as may be necessary for the maintenance, repair or replacement of any portion of the Common Areas, or facilities situated upon such Lot which serve another Owner's Lot. The Declarant, HAPOA or its agent shall also have access to each Lot at all times without notice as may be necessary to make emergency repairs to prevent damage to the Common Areas or another Lot.
 Section 5.31. Amendments to Regulations. Reasonable regulations governing the use of the Common Areas and external appearance of all structures erected on the Lots may be made and amended from time to time by the Declarant or the Architectural Control Committee; provided, however, that all such regulations and amendments thereto shall be approved by a majority vote of the Directors of the Owners Association before the same shall become effective.
 Section 5.32. Waterfront Areas and Waterways. Any Lot which abuts any lake, stream and pond   shall be subject to the following restriction;
(a) The use and access to the inland lakes and lake front areas shall be restricted to the water front lot owners only or must be approved by the Board.

 ARTICLE VI Aircraft & Hangar Restrictions and Parking

 Section 6.1. Hangar & Tie-Down Space for Private Use Only. The airplane hangar or tie-down space on each lot shall be limited to strictly private use and only by the owner of the property on which the hangar or tie-down space is located except as permitted herein. No person who is not a member of the HAPOA shall be permitted to store, tie-down, or hangar any aircraft on the property without the express written permission of the Board of Directors. The Board of Directors will have the authority to specify the terms and conditions under which a non member's aircraft may be stored, hangared or tied down.
 Section 6.2. Aircraft Hangars. All hangars are subject to the Architectural Control Committee approval, and must be architecturally compatible with the primary structure on the Lot. All aircraft hangars must be constructed in conjunction with or subsequent to the construction of a residence. Hangars may be detached from or attached to a primary structure in accordance with local building regulations. Specifically, hangars shall be detached from the living area with a minimum of five (5) feet between the buildings including overhanging construction, unless approved fire proofing of the hangar removes risk of house damage from a fire within the hangar lasting for one hour or less.
 Section 6.3. Two or More Aircraft. If two or more aircraft are owned by lot owner, one aircraft, not stored in a hangar, may be secured with tie downs adequate for the size and weight of the aircraft. Until a dwelling and hangar are under construction or built, no aircraft shall be tied down overnight on the lot unless approved by the ACC. The one tied-down aircraft must be in airworthy condition as defined by current Federal Aviation Regulations (FAR's) except as permitted by the Board of Directors in writing.
 Section 6.4. Unattended Aircraft. No aircraft shall be parked on any part of the runway, taxi-way or easements and all aircraft parked or left for any period of time unattended within Lots shall be securely tied down. If any aircraft is found within any Lot, not tied down and unattended, the Board of Directors or its agents may, but are not obligated to, secure it at the expense of the Owner of said aircraft.
 Section 6.5. Run-ups. "Run-ups" and testing of engines within residential areas should be limited to the hours of 8:00 am and 8:00 PM. But in any event the "run-up" shall not be done in such a manner as to cause inconvenience or damage to the property of others.
 Section 6.6. Stunt Flying. No low-level flying stunts nor other hazardous activities will be permitted about the subdivision. Each Owner is required to strictly observe all Federal, State, and Local Statutes, Regulations or Ordinances relative to the operation of civil aircraft.
 Section 6.7. Aircraft Size. No aircraft with gross weight exceeding 10,000 lbs., and no jet aircraft may operate on the taxi-ways, easements, or runways without written permission of the ACC. The aircraft owner's manual specifications will be the source of the aircraft weight, and if no copy of the owner's manual is available, "Jane's Encyclopedia of Aviation" or equivalent reference manual may be used.
 Section 6.8. Speed Limits. Aircraft shall taxi at less than 15 miles per hour on all taxi-ways.  Pilots are cautioned to avoid increasing engine RPM to high levels as part of our noise abatement program and to avoid blowing sand and dirt on following aircraft and in residential areas.
 Section 6.9. Taxi-Way Courtesy. Moving aircraft shall have the right of way at all times. Automotive traffic must yield at all taxi-ways crossings and on dual purpose streets. No taxi-ways other than those designated by Declarant as combination street/taxi-ways shall be used by any vehicle other than aircraft or aircraft service vehicles, unless pursuant to a valid access permit granted by the HAPOA. Aircraft shall have a right of way on taxi-ways, and all aircraft on taxi-ways must anticipate use of passing areas for approaching aircraft. Use of 2 way radio during any movement of aircraft on airpark is mandatory for safety.
 Section 6.10. Commercial Business. No commercial aircraft business shall be permitted on a Lot. This should not exclude work done on non-owned aircraft so long as such work is done inside a hangar and the completed aircraft conforms with all requirements as set forth in these covenants.
 Section 6.11. Storing Parts. There shall be no storage of dismantled or disabled aircraft on the Lots or the Common Areas. Aircraft being repaired and aircraft parts must be kept within an enclosed hangar building which has been approved by the Architectural Control Committee. Parts of aircraft, including but not limited to, fuselages, wings, engines, horizontal and vertical stabilizers, ailerons, rudders, landing gear and spare parts may not be stored in yards where visible from the street, taxi-way, or adjoining lots, but must be stored inside the hangar or other building approved by the ACC.

 ARTICLE VII Runway Assurances and Operations

 Section 7.1. Continued Operation. Inasmuch as Hardee Airpark subdivision is developed for individuals involved in the sport and hobby of aviation, every purchaser, lessee or grantee of any property now or hereafter subject to this declaration, by acceptance of a deed, lease or other conveyance thereof, thereby agrees that, the runway and taxi-way shall remain and be maintained as such until such time as 80% of the Lot owners and the Declarant consent to its dissolution or its operation is interrupted or terminated by local, state or federal authorities. The Declarant warrants that the runway in existence on the property as of this date will continue to be operated as such.
 Section 7.2. Complaints. As this is an aviation community, owners understand, and agree, that lot owners, their heirs, or assigns relinquish any right to complain, object, or take any legal remedies to stop aviation related activities in the Development.
 Section 7.3. Control of Runway. The Licensor shall have the right to control the use of the runway and taxi-way and may prohibit the use of the runway or taxi-way by any aircraft deemed unsafe to either the life or health of individuals or the condition and maintenance of the field by virtue of its size, design or state of repair.
 Section 7.4. Control of Airport Grounds and Operation. The Declarant or the Licensor shall have the right to make rules and regulations relative to the easements, taxi-way, runway, air traffic patterns around the airport, grounds and related facilities, affecting the use of said premises, and all lot owners agree to comply with said rules and regulations and are subject thereto, including any such rules and regulations that may be added from time to time.
 Section 7.5. Withholding of Use. The Declarant or the HAPOA shall have the right to withhold from, restrict, or charge an individual assessment for the use of the Common Area, including the runway, to any Owner:
a) who is in default in the payment of any assessment fee; or
b) who, in the judgment of the Declarant or the HAPOA, uses the Common Areas or his aircraft in a negligent manner or in a manner harmful to the rights of other users; or
c) who, in general, violates the published rules and regulations of the Association.
Section 7.6. Limitation of Declarant's Obligations. It is expressly understood and agreed that the establishment of the Common Areas or the declaration of these restrictions does in no way place a burden of affirmative action on the Declarant to make any of the improvements noted herein, or extend to the grantee any service of any kind.

 ARTICLE VIII          Easements and Setbacks

 Section 8.1. Setback Requirements. No house or building may be constructed within 75 feet of the centerline of any designated street. No house, hangar or obstacle may be constructed or grown within 15 feet or the outer edge of a taxi-way.  For all lots the setback line is 25 feet from any side lot line for hangars and other freestanding buildings and 25 feet from any side lot line for houses. All buildings, including houses, must be setback 75 feet from any rear lot line facing or adjoining a runway. A 35 foot clear zone easement shall be established along all lot lines facing runways or taxi-ways where no aircraft may be parked; no trees or other obstacles are allowed in this area. A 10 foot easement along some sides of some lots and along all  sides adjoining any designated street are reserved for underground utility and or drainage purposes. The established setbacks may be varied by the ACC following prescribed methods.
 Section 8.2. Access. Owners of some lots shall be and are herewith granted and conveyed a right of ingress and egress by way of a permanent easement from their lots onto the A taxi-way, said easement to be for the use of the aircraft operated by the lot owners and their authorized guests. This easement is solely limited to aircraft traffic, to the exclusion of all other vehicular traffic unless specifically authorized by permit. Some of the easements are established along the rear and side lot lines as shown on the plat.
 Section 8.3. During Construction. During the development period, the Declarant or its agent reserves a blanket easement and right on, over and under the ground within the Property to maintain and to correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil, or to take any other similar action reasonably necessary, following which the Declarant or its agent shall restore the affected property to its original condition as near as possible. The Declarant or its agent shall give reasonable notice of intent to take such action to all affected Owners, unless, in the opinion of the Declarant or its agent, any emergency exists which precludes such notice. The Declarant or its agent, however, in the exercise of such easement rights shall not disturb  any living dwelling or other substantial improvement upon any property.
 Section 8.4. Maintenance. In order to implement effective insect and woods fire control, the Declarant or HAPOA reserves for itself and its agents the right to enter upon any lot on which a residence has not been constructed and upon which no landscaping plan has been implemented (with prior written approval of the ACC for such plan), such entry to be made (at the expense of the Owner of the Lot) by personnel with tractors or other suitable devices for the purpose of mowing, removing, clearing, cutting or pruning underbrush, weeds, or other unsightly growth, which in the opinion of the Declarant or HAPOA detracts from the overall beauty, setting and safety of the Property. Such entrance shall not be deemed a trespass. The Declarant or HAPOA and its agents may likewise enter upon such land to remove any trash which has collected on such Lot without such entrance and removal being deemed a trespass. The provisions in this paragraph shall not be construed as an obligation on the part of the Declarant or HAPOA to mow, clear, cut or prune any lot nor to provide garbage or trash removal services.

 ARTICLE IX   Insurance

 Section 9.1. By the Declarant or HAPOA. The Declarant or HAPOA or its duly authorized agent shall have the right and power to obtain insurance to the extent reasonably available for all improvements on the Common Areas against loss or damage in an amount sufficient to cover 100 percent (100%) of the replacement cost of any repair or reconstruction work in the event of damage or destruction from any reasonable hazard. The Declarant or HAPOA may also obtain a broad form public liability policy covering all Common Areas. In the event of damage or destruction to property insured by the Declarant or HAPOA by fire or other casualty, the Declarant, HAPOA or its agent shall, upon receipt of the insurance proceeds, contract to rebuild or repair such damaged or destroyed portions of the property to as good a condition as formerly enjoyed. In the event the insurance proceeds are insufficient to pay all costs of repairing or rebuilding of such destroyed improvement, the Declarant, HAPOA or its agents shall levy a special assessment against all Owners to make up such deficiency. In the event the insurance proceeds exceed the cost of repair, the excess proceeds shall be distributed to the respective Owners and Mortgagees as their interests appear.
 Section 9.2. Liability Insurance by Declarant or HAPOA. The Declarant or HAPOA shall have the right and power to obtain a comprehensive policy of public liability insurance insuring the Association and its Members for all liability for property damage, bodily injury or death in connection with the operation, maintenance and use of the Common Area within Hardee Airpark Properties.
 Section 9.3. By the Owner. It shall be the individual responsibility of each owner to provide, as he sees fit, insurance on the improvements on his Lot in the event of damage or destruction from all reasonable hazards. Each Owner shall provide as he sees fit homeowners liability insurance, theft and other insurance covering personal property damage or personal liability loss.
 Section 9.4. Aircraft Liability Insurance. Every Owner or user of a certified aircraft, experimental aircraft or ultra light vehicle which is based on the Property shall provide the Licensor or the Association or their agent with a current Certificate of Insurance for aircraft liability before they can use the runway. Failure to provide the Certificate of Insurance and to maintain such insurance shall result in the automatic suspension of the Owner or user's right to use the Common Area including the runway.

 ARTICLE X   Right of First Refusal

 Section 10.1. Applicability. Except for sales and conveyances by the Declarant, no unimproved Lot may be sold by any Owner except in compliance with the provisions of this Article. Buyer has 3 years in which to build or, may resell lot. The 3 year period starts at the first closing date.
   Section 10.2. Right of First Refusal. In the event any Owner receives a bona fide written offer from a third party to purchase his unimproved Lot, such Owner shall immediately notify the Declarant of such offer and shall forward a copy of said written offer, together with the name and address of the offer, to the Declarant. Upon receipt of said notice, Declarant shall have fifteen (15) days to notify such Owner that it desires to purchase his Lot on the same terms and conditions as set forth in the offer. If Declarant notifies such Owner of its desire to purchase the Lot, then Owner shall convey the Lot to the Declarant according to the provisions of Section 10.3 below. In the event that the Declarant elects not to purchase the Lot or fails to notify the Owner of their decision within such fifteen (15) day period, then the Owner may sell the Lot to the third party offer on terms and conditions no less favorable to the Owner than those set forth in the original offer; provided, however, that if such sale and conveyance does not take place to the original third party offer within one hundred twenty (120) days after Declarant's failure to exercise its right of first refusal. Then the Lot shall again become subject to the terms and conditions of this Article X. Any conveyance by an Owner to third party offer shall be subject to the terms and conditions of this Declaration.
 Section 10.3. Transfer to Declarant. In the event that Declarant exercises its right of first refusal pursuant to Section 10.2 hereof, the closing of the conveyance of such Lot shall occur as provided in the third party offer. At the closing, Declarant shall make such payments in cash, by a promissory note, or otherwise to the Owner as described in the third party offer. Owner shall deliver to the Declarant a general warranty deed conveying the Lot free and clear of all exceptions except as may be set forth in the written offer and subject to this Declaration. In the event the closing occurs after the death of an Owner, Declarant may, in its discretion, require the personal representative of the Owner to post such bonds or other assurances as the Declarant may deem reasonable in order to protect the Declarant from any loss which might be caused by the failure to pay any federal or state inheritance tax or the failure to pay the claims of any creditors who may have a lien on the Lot superior to Declarant's rights as a purchaser of said Lot.
 Section 10.4. Death of an Owner. The personal representative, heirs, successors and assigns of any Owner who dies while owning any Lot shall become an Owner subject to the terms and conditions of this Declaration and any subsequent sale, transfer, and conveyance of such Lot shall be governed by the provisions of this Article X.

 ARTICLE XI   Maintenance Assessments

 Section 11.1. Creation of the Lien and Personal Obligation for Assessments. Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed, is deemed to covenant and agree to pay to the Association:
(a) Annual assessments or charges as provided in this Declaration for the purpose of funding the maintenance fund.
(b) Special assessment for capital improvements and other purposes as stated in this Declaration; such annual and special assessments to be fixed, established and collected from time to time as provided below.
(c) Default assessments which may be assessed against an Owner's Lot pursuant to the HAPOA Documents for failure to perform an obligation under the HAPOA Documents or because the Association has incurred an expense on behalf of the Owner under the HAPOA Documents. The annual, special and default assessments, together with interest, costs and reasonable attorney's fees, shall be a charge upon the land and shall be a continuing lien upon the Lot against which each such assessment is made until paid. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the Owner of such Lot at the time when the assessment fell due.
 Section 11.2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the Owners and occupants of Hardee Airpark and for the improvement and maintenance of the common Area, including but not limited:
(a) to keep the Common Areas clean and free from debris and to maintain any amenities located thereon in a clean and orderly condition, to maintain the landscaping thereon in accordance with the highest standards for private parks including any necessary removal and replacement of landscaping, and to repair, replace, and provide for additions to the improvements as stated in the Hardee Airpark Documents.
(b) to pay all taxes, if any, levied against the Common Areas and any properties owned by the Association.
(c) to install and maintain any light fixtures along roads and streets in the Development to provide street lighting therefore, as may be approved by the Association.
(d) to erect and maintain entrance signs at the entrances to the Development and signs on the Common Areas, said signs to be of standard construction and quality.
(e) to pay the premiums on all hazard insurance carried by the Association on the Common Areas and all public liability insurance carried by the Association pursuant to the By-laws.
(f) to provide such security services as may be deemed reasonably necessary for the protection of the Common Areas from theft, vandalism, fire and damage from animals.
(h) to provide such garbage removal services as may be approved by the Association for all Lots.
 Section 11.3. Date of Commencement of Annual Assessment; Due Dates. A one time $1000.00 membership fee will be required before or at the time of closing. This $1000.00 can only be used for improvements within the Airpark. All property added to the Airpark and any new member wanting to use the common grounds will be required to pay the $1000.00 membership fee. The annual assessments shall commence as to all Lots on February 1, 2004. Upon the sale of a Lot by Declarant to a new Owner, the annual assessments shall commence as to that Lot on the fi