The POA specifically acknowledges that the Developer, the Company and the Type "D" Member, respectively and as applicable, shall retain the following rights as provided in the Declaration and the By-Laws.
1. Architectural control over Class “C” property. - Article VIII Section 1; Article V, Section 4
2. Approve construction - location, materials and landscaping. - Article VIII Section 1
3. No "Other Additions" may be submitted for vote by the membership without the prior written consent of the Company. - Article II Section 2 (b)
4. Easements for guests and tenants of nine months or less. - Article IV Section 1
5. Prohibit amendments. So long as the Company A is a Type "D” member, the POA is prohibited from amending the Declaration (as amended) in any way that purports to alter any rights of the Company granted in all Big Canoe's governing documents as of January 1, 2005. - Article IX Section 2
6. Delegate the benefit of specific rights, privilege Art. I and immunities to other persons and entities, Section l(k) including "affiliates," as provided in of the General Declaration. - Article I Section I (k)
7. Type "D" Membership continues for the Company. - Article III Section 2
8. Membership in the POA. - Article III Section 1
9. Marketing guest rights. - Article I Section 1 (h)(3)
10. Public access to any inns or restaurants. - Article I Section 1 (h)(3)
11. Determine the "need and nature" of any Public and Commercial Units. - Article I Section 1 (h)(3)
12. Transfer and assign Developer/Company rights. - Article I Section 1 (k)
13. Record separate Neighborhood Areas, Neighborhood Tracts (common areas) and Limited Common Properties. - Article I Sections 1 (n), Limited Common Properties. I (o), and I (p)
14. Annex then contiguous properties; provided property separated by a public road shall be Section 2 deemed contiguous. - Article II Section 2
15. Review and modify the Master Plan, including annexed properties. - Article II Section 1
16. Subject annexed properties to additions and modifications of the Covenants. - Art. II Section 2 (a)
17. Dedicate utility easements on Common Property where necessary subject to the provisions of Section 6(a). - Article IV Section 3 (g)
18. Construct improvement on Company property and restrict use of such properties. - Article IV Section 4
19. Use of all Common Properties by guests and invitees of Company. - Art. IV Section 5
20. Charge Company guests user fees no more than owner and guest fees. - Article IV Section 5
21. Have Company guests treated like owner guests. - Article IV Section 5
22. Company guests (marketing, inn and restaurant) have same rights as Members (except that marketing guests must be accompanied in wilderness valley and restaurant guests have the right only to drive in and out). - Article IV Section 5
23. Inn guests have guaranteed tee and racket times. - Article IV Section 5
24. Delegate Reserved Amenity Rights to the owner Article IV of the Inn. - Article IV Section 5
25. Develop additional lands, bring Public and Art. I Commercial Units under the Declaration but not Section 1 pay assessments, and have public access to the Public and Commercial Units. -
Article I Section 1 (h)(2)/Article IV Section 6
26. Inns or restaurants on annexed land have same rights as on the Currently Covenanted Property. - Article IV Section 6
27. POA cannot interfere with rights and operation of the Company. - Article IV Section 7
28. Increase proportion of Company assessment. - Article VI Section 2/Article IX Section 2 (c)
29. Exemption from assessments for road rights-of- Art. VI way and parking lots, utilities, community halls. meeting rooms, educational facilities, and maintenance and equipment storage areas, and offices of the Company. - Article VI Sections 11(c)(1) and 11(c)(2)
30. Convey common property to the POA. - Article II Section 1/Article VII Section 1
31. Utility easements on each Lot. - Article VIII Section 2 (f)
32. Locate wells and pumping stations within the property. - Article VIII Section 2(h)
33. Approve all sewage disposal systems. - Article VIII Section 2 (i)
34. Prohibit private wells. - Article VIII Section 2 (h)
35. Right of first refusal. - Class “A" Covenants*: Article II Section 2 (bb)
