Section 1. Members' Easements of Enjoyment. Every member shall have a right and easement of enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions:

1. The right of the Association to limit the number of guests of members;
2. The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Are;
3. The right of the Association, in accordance with its Articles of Incorporation and By-Laws, to borrow money for the purpose of improving the Common Area and facilities and in aid thereof with the assent of more than two-thirds (2/3) of each class of members to mortgage said property and to acquire property encumbered by the lien or liens of the deed or deed of trust securing improvements on said property;
4. The right of the Association to suspend the voting rights and right to use of the recreational facilities by 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;
5. the right of the Association, at any time and consistent with the then existing zoning ordinances of Fairfax County, consistent with its designation as "open space", or upon dissolution, to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members, provided that any such dedication or transfer shall be the assent of two-thirds (2/3) of the votes of the members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting. And upon such assent and in accordance therewith, the officers of the Association shall execute the necessary documents.
6. The right of the Association to grant to any public utility with or without payment to the Association, and consistent with the "open space" designation thereof, easements for the construction, reconstruction, installation, repair and/or necessary maintenance of utility lines through or over any portion of the Common Area. The foregoing shall not be construed, however, to permit any such public utility to acquire or damage any improvements situate d upon the Common Areas, or other structures or installations situated thereon which would otherwise be deemed to be part of the realty, without the payment of damages, if any, to the Association, all in amounts and in a manner now or hereafter governing proceedings for the acquisition of private property for public use by condemnation in this State.
7. the right of the Association to lease Common Area, provided however that such lease(s) must:
   1. be only to non-profit organizations,
   2. require such organizations must give preference to members of the Association with regard to membership and use of facilities,
   3. prohibit assignment and subleasing, and
   4. require approval by the Association of proposed uses, which must in accordance with these By-Laws and the Declaration,
   5. be consistent with the then existing ordinances of the County,
   6. be consistent with the open space designation thereof.

Section 2. Delegation of Use. Any member may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the member's Lot.