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normal household use, conducting illegal or offensive activities and otherwise undertaking or <br />performing any activity which would constitute a nuisance under Colorado law. <br />5.4 Fires. No open fires will be permitted within the Kenosha Trout Club except in <br />enclosed barbeque grills or other structures as permitted by Park County and as may be approved by <br />the Architectural Review Committee. <br />5.5 Water and Utility Easements. Every Owner and the KenoshaTrout Club shall have <br />the right to use water for domestic purposes from the lake or the intake ditch traversing Tract A, as <br />shown on the Amended Map described in Recital 1 above, subject to approval by the Board and all <br />provisions of Colorado law governing the use of water, including rules and regulations promulgated <br />by the State Engineer's office and any county or municipal ordinances. Easements and rights-of- <br />way on existing roads, as shown on the recorded plat, or plats, or as necessary for the construction, <br />maintenance, and use of utility lines, cable, and water pipe lines within, upon, and across any portion <br />of the Real Estate tivhich may be necessary or essential to the proper and full use and enjoyment for <br />uomestic puiposes of the Real Estate are hereby reserved to the Members and the Kenosha Trout <br />Club, provided however, that in the future the constructian, maintenance and use of atI utility lines, <br />cables and water pipe lines traversing the property of others in said Subdivision shall be reasonable <br />and proper, and shall not interfere with or damage improvements on the land of others, and all water <br />pipe Iines crossing the Iand of others shaIl be buried. <br />5.6 Fishing and Boating. Every Member shall have fishing and boating pzivileges <br />within the Kenosha Trout Club Community subject to the Club's governing documents; provided <br />however, that all Lots may be subject to further limitations and restrictions by the Board of Directors <br />as to il�e number of Members, family and guests which may exercise these privileges. Fishing and <br />boating privileges shall not be transferable but shall be for the use and benefit of the Members, their <br />family and guests. Fishing and boating privileges shall be subj ect to the rules and regulations of the <br />Club. <br />5.7 Use of the Common Area. Every Member shall have a right and easement of <br />enjoyment in and ta the Common Area and such easement shal] be apgurtenant to and shall pass with <br />the title to every Lot, subject to the following provisions; (a) the right of the Board of Directors to <br />suspend the voting rights of a Member and the right to use the Common Area for any period during <br />which any assessment against his or her Lot remains unpaid, and for an infraction of the Governing <br />Documents, after notice and the opportunity for a hearing; (b) the right of the Board of Directors to <br />borrow money for the purpose of improving the Common Area and facilities and to pledge future <br />assessments or mortgage the Common Area as security for that purpose, provided, that the rights of <br />such mortgage shall be subordinate to the rights of the homeowners and provided further that the <br />amount borrowed by the Club shall first be approved by sixty-seven percent (67%) of the total votes <br />in the Club (1 vote per Lot) as set forth in the Articles and Bylaws; (c) the right of the Board of <br />Directors to promulgate and publish rules and regulations which each Member shall strictly comply <br />with, including, but not limited to, the right of the Board of Directors to establish reasonable charges <br />for the use of all or a portion of the Common .Area; and (d) the right of the Boazd of Directors to <br />close or limit the use of the Common Area while maintaining, repairing and making replacements <br />w:�CLtENilKrnosha Trout CIu��Declaration, Am & Ra - Final.wpd <br />Marth 24, 2000 <br />l� <br />