HomeMy WebLinkAbout2488 ~ ARTICLB XI
GENERAL PROVISIONS
Section 1. Duration. ltie covenants and restrictions of this Declaration
shall run vith and bind the land, and shall inure to the benefit of and be enforce-
able bq 1he Association, or the Owner of any land subject ta this Declaration and
their respective legal representatives, heirs, successors, and assigns~ for a term
of twenty years (20) years from the date this Declaration is recorded, after which
time said covenants shall be sutomatically extended for successive periods of ten
(10) years unless an instrument signed by the then Owners of two-thirds of the Lots
and Living Units has been recorded, agreeing to change said covenants and restrictions
in whole or iir 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 b e 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 Mrritten 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 notfce required to be sent to any Member or Owner
under the provisions of this Declaration shall be deemed to have.been properly
sent when mailed, postpaid, to the last knoFin address of the person who appears as
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Member or Owner on the records of the Association at the time of such mailing.
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~ 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-
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~ lating or attempting to violate any covenant or restriction, either to restrain the
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~ violatfon or to recover damages, and against the land to enforce any lien created
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~ by these covenants; and failure by the Association or any Owner to enforce any
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~ covenant or restriction herein contained shall in no event be deemed a waiver of
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~ the right to do so thereafter. In addition, Developer shall have the right ~ahen-
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~ ever there shall have been built on any lot any structure which is in violation of
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these covenants and restrictions, to enter upon the property where such violation
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- exists and summarily 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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- Seccion 4. 5everanility. lnvalidation of any one of these covenants or
~ restrictions by judgment or court order shall in no wise affect any other provisions
hereof, whi.ch shall remain in full force and e£fect.
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