ARTICLE I
PROPERTY RIGHTS
Section 1. Owner's Right of Enjoyment. Subject to the provisions of Section 2 of this Article, every Owner shall have a nonexclusive right to enjoy and use, irrigation ditches and easements located upon the Property and such right shall be appurtenant to and shall pass with the title to every Lot.
Section 2. Extent of Owners' Right. The right of enjoyment created hereby shall be subject to the following:
- The right of Christopher Estates Homeowners Association (the "Association") to promulgate and publish rules and regulations with which each member shall strictly comply; and
- The right of the Association, as provided in its Articles and Bylaws, to suspend the voting rights of a Member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days, for any infraction of its published rules and regulations; and
- The right of the Association to close or limit the use of the irrigation ditches and/or drainage ditches and facilities and/or irrigation or drainage easements while maintaining, repairing or making replacements thereto or in the event a Member has had his voting right suspended; and
- The right of the Association to install, maintain and repair subdivision signage located within multipurpose easements.
- The right and duty of the Association to operate and maintain Outlots A and B, as shown on the plat of Christopher Estates, a/k/a "Larson Drain" which Outlots are hereby dedicated to the Association; duties of Owners in the event the Association does not fulfill its maintenance obligations are set forth below.
Section 3. Delegation of Use. Any Owner may delegate in accordance with the Bylaws, his right of use to the members of his family, his tenants, or contract purchasers who reside on his lot.
Section 4. Irrigation Water. Declarant has placed title to sufficient shares of the Grand Valley Irrigation Company (GVIC) to provide irrigation water to Christopher Estates through Headgate 410 Lateral Corporation. The Association shall be responsible for financial management, fees, operation and maintenance of the entire irrigation system which includes Head gate 410 Lateral Corporation, Alexander Ditch Company and GVIC. The Association shall be responsible for monitoring for unequal usage among lot owners. Alexander Ditch Company shall invoice the Association to deliver the GVIC water shares to Christopher Estates property. GVIC shall invoice the Association for all irrigation water delivered to Christopher Estates. The Association shall invoice and collect the assessments from each Owner. An engineered irrigation plan is contained in the Construction Drawings for Christopher Estates.