HomeMy WebLinkAbout2677 ARTICLE X
GENERAL PROVISIONS
Section 1. Duration. 1he covenants and restrictions of this Ueclaration
shall run with and bind the land, and shall inure to the benefit of and be enforce-
able by The Association, or the Owner of any land subject to this Declaration and
their respective legal representatives, heirs, successors, and assigns, for a term
of twenty years (2U) years from the date this ~~claration is recorded, after which
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time said covenants shall be automatically extended for successive perio3s of ten
(10) years unless an instrument signed by the then Owners of L~ao-thirds of the Lots
and Living Units has been recorded, agreeing to change said covenants and restrictions
in whole or in part. For purposes of ineeting the two-thirds requirement, when
Living Units are counted, the Lot or Lots upon which such Living Units are situated
shall not be counted. Provided, however, that no such agreement to change shall
be effective unless made and recorded three (3) years in advance of the effective
date of such change, and unless Written notice of the proposed agreement is sent
to every Owner at least ninety (90) days in advance of any action taken.
Section 2. Notices. Any notice required to he sent to any Me~er or Owner
under the provisions of this Declaration shall be deemed to have been properly
sent when mailed, postpaid, to the last known address of the person who appears as
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Member or Owner on the records of the Association at the ti..~ of such mailing.
f Section 3. Enforcement. Enforcement of these covenants and restrictions
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shall be by any proceeding at law or in equity against any person or persons vio-
lating or attempting to violate any covenant or restriction, either to restrain-the
vialation or to recover damages, and against the land to enforce any lien created
by these covenants; and failure by the Association or any Owner to enforce any
covenant or restriction herein contained shall ~n no event be deemed a waiver of
~ the ri ht to do so thereafter. In addition, Developer shall have the right when-
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ever there shall have been built on any lot any structure which is in violation of
~ these covenac?ts and restrictions, to enter upon the property where such violation
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~ exists and su~arily abate or remove the same at the expense of the Owners; and
~ such entry and abatement or removal shall not be deemed a trespass.
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~ Section 4. Severability. Invalidation of any one of tnese covenants or
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restrictions by judgment or court order shall in no wise affect any other provisions
hereof, which shall remain in f ull force and effect.
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