ARTICLE V

Easements

Section 5.1.  Owners Easements of Enjoyment
Each Owner shall have a right and a nonexclusive easement of enjoyment in and to the Common Areas and for ingress and egress over and through the Common Areas and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to:
  (a)    The right of the Association to adopt reasonable rules governing the use of the Common Areas and the personal conduct of persons authorized to use said areas, and to establish appropriate penalties for the violation of those rules.
  (b)    The right of the Association to dedicate or transfer by deed or easement all or any part of the Common Areas to any public agency, authority, or utility.
  (c)    The right of the Association to suspend the voting rights of an Owner for the period during which any assessment against the Owner's Lot remains unpaid, and for a period not to exceed sixty (60) days, for any infraction of its published rules and regulations. Any Owner may delegate his or her right of enjoyment to the Common Areas to the members of his or her family, tenants, or guests, subject to the limitations set forth above.

Section 5.2.    Easement for Association
The Association and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes:
  (a)    The cleaning, maintenance, or repair of any home or Lot as provided in Section 7.2 (this easement shall also include the reasonable right of entry to the interior of any building, to the extent necessary to perform the work described in that section).
  (b)    The maintenance, repair, replacement, or improvement of any Common Area accessible from that Lot.
  (c)    Emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or the improvements thereon.
Except in an emergency where advance notice is not possible, these easements shall be exercised only after reasonable notice to the Owner.

Section 5.3.    Easement for Government Personnel
An easement for access by police, fire, rescue and other government personnel is reserved across all Common Areas as necessary or appropriate for the performance of their public duties.

Section 5.4.    Easement for Developer
The Developer shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary for or related to the development or maintenance of Sky Island.

Section 5.5. Easements for Drainage and Utility Purposes
Easements for installation and maintenance of utilities and drainage facilities are hereby reserved over the front and rear seven (7) feet of each Lot subject to this Declaration, and over a two and one half (2.5) foot wide strip along each side of interior Lot lines, as well as on other portions of certain Lots which have been established of record on the face of the final plat map or by recording of a separate instrument. Within these easements, no structure, planting, or other materials shall be placed or permitted to remain which may damage or interfere with the installation or maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot and all improvements in and/or on it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utilities company, or the Association, is responsible.

Section 5.6.    Easement for Entrance Monument
The Association and its agents shall have an easement over and across Lot 1 of the plat of Sky Island for the purpose of repairing and maintaining the entrance monument and associated landscaping constructed thereon by the Developer.