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or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. If a person or party is found in the proceedings to be in violation of or attempting to violate, the provisions of the Declaration, he shall bear all expenses of the litigation, including court costs and reasonable attorneys fees, for all trial and appellate proceedings incurred by the party enforcing the provisions of the Declaration.

MEMBER DEFINITION

Every Owner of a Lot or Unit which is subject to assessment shall be a member of the Association, subject to and bound by the Associations’ Articles of Incorporation, ByLaws, Rules and Regulations and the Declaration. The foregoing does not include persons or entities who hold a leasehold interest. Ownership as defined above, shall be the sole qualification for membership. Membership shall further be defined to include up to two (2) adults residing in a unit and to further include unmarried children residing with their families within the unit. When any Lot or Unit is owned of record by two or more persons or other legal entity, only two persons from such Unit shall be members. An Owner of more than one Lot or Unit shall be entitled to one membership for each Lot or Unit owned. Membership shall be appurtenant to and may not be separated from, ownership of any Lot or Unit which is subject to assessment, and it shall be automatically transferred by conveyance of that Lot or Unit.

RECREATIONAL PHOTO IDENTIFICATION CARDSSECTION I

An Administration fee will be charged for issuing new or replacement recreational photo identification cards.

Recreational photo identification cards shall be issued to:

MEMBERS:   Adults and children from 14 years of age residing in a Unit. Children under 14 must be accompanied by an adult cardholder when on Brookshire Bath & Tennis Club Association Common Areas.

TENANTS:   Adults and children from 14 years of age residing in a Unit provided the member/owner transfers the recreation facility use to the tenant. Children under 14 must be accompanied by an adult cardholder when on Brookshire Bath & Tennis Association Common Areas.

GUESTS:  Residing in Unit without member in residence.

GUEST PASSES:SECTION 2

The following are not eligible for guest passes:

1.Tenant Resident residing in Unit without member/owner transferring recreational facility use to the tenant;

2.

Non Tenant Adult residing in Unit;

3.

Non Member Adult residing in Unit.

4.

Guests participating in shortterm activities such as racquetball, tennis, basketball. These guests will be signed in at the Clubhouse on a sheet provided for this purpose and the number will be limited to per team requirements.

5.

Non-tenant or non-member adult residing in the unit full-time with the owner or tenant, whether of the same gender or permanent non-spousal resident, will not be eligible for guest passes, but will be eligible for membership passes upon application and payment of fees by the member or tenant.

Guest Time Limits:

1.

Out of town residing in Unit with Member or tenant maximum 30 days.

2.

In town (living within Lee County) maximum 8 daily passes per month per guest. After the 8 daily passes are used, this guest may not be eligible to be invited by any other member, spouse, or tenant during the remainder of that calendar month.  INTOWN GUESTS MUST BE ACCOMPANIED BY THE CARD HOLDER WHEN ON THE COMMON AREAS

3.

On any given day, a unit may have up to six guests who would be using either of the two swimming pools.  Any exemption to

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