16.1 Annexation and Withdrawal by Declarant. Although not obligated to do so, Declarant reserves the right to develop as single family residential subdivisions additional lands that would be in addition to and are nearby the land described in Exhibit A ("Additional Lands"). Declarant may cause all or any portion of such Additional Lands to be annexed to the existing Project without the assent of the members of the Association; PROVIDED, however, that the annexation of Additional Lands described in this Article shall be adjacent to the then existing Project. Such Additional Lands shall be deemed "adjacent" to the existing Project even if separated therefrom by land which: (i) is owned by Declarant (or any entity under common control with Declarant), the Association or the Lot Owners as tenants in common; or (ii) is owned by or dedicated to the public or a governmental agency or instrumentality; or (iii) is available for the use or benefit of the Association or Lot Owners by easement or otherwise; or (iv) is a public or private street, path, bicycle path, railroad track or other improvement or easement for public transportation or utility service. Any Additional Lands shall be added to the Project covered by this Declaration by the filing for record of an amendment to this Declaration. All Lot Owners hereby covenant and agree to burden the Project and any Additional Lands with all of the duties, responsibilities, costs and expenses related to the management, administration, maintenance and improvement of the Common Areas, and such additional Common Areas as may be included in the Additional Lands. This Declaration does not give the Association or any Lot Owners any rights to any Additional Lands until such Additional Lands are subjected to this Declaration. When any Additional Lands are subjected to the terms of this Declaration, then the Additional Lands shall become part of the Project and the owners of the Additional Lands, including Lot Owners, shall automatically become members of the Association and shall be entitled to all of the rights and benefits, and subject to all of the obligations of, the members of the Association. Although not obligated to do so, Declarant reserves the right to discontinue development of and withdraw from the Project any unplatted land within the Project, including any Additional Lands previously annexed, without the assent of the members of the Association. When any Additional Lands are made subject to this Declaration, they shall also become subject to assessment. Assessments may be adjusted to reflect the total number of Lots obligated to contribute to the Association budget.

 

16.2 Non-Declarant Annexations. Annexation of Additional Lands other than Declarant annexations provided for in Section 16.1 hereof shall require the assent of the Owners, Mortgagees and Declarant as provided in Section 14.1.

 

16.3 Common Areas Within Additional Lands. Common Areas within any Additional Lands subsequently annexed to the existing Project shall be available for the common use of all Owners of Lots within the existing Project as well as within such subsequently annexed Additional Lands. Likewise, Common Areas within the existing Project shall be available for the common use of all Owners of Lots within such subsequently annexed Additional Lands as well as within the existing Project.