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HomeMy WebLinkAbout0087 ~ ARTICLE VI j s GENERAL PROVISIONS ~ Section 1. Duration. The covenants and restrictions of this Declaration ~ shall run with and bind the land, and shall inure to the benefit of and be j 1 ~ enforceable by The Association, or the Owner of any land subject to this i Declaration and their respective legal ~representatives, heirs, successors and ! i assigns, for a term of twenty (20) year8 from the date this Declaration is recorded, after which time said covenants shall be automatically 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 in part. For purposes of ineeting the tvo- 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 , 's in advance of the effective date of such change, and unless written notice of the ~ proposed agreement is sent to every Oimer at least ninety (90) days in advance ~ } of any action taken. ~ ~ Section 2. Notices. Any notice required to be sent to any Member or Owner , ; . ~ under the provisions of this Declaration shall be deemed to have been properly ' _ I sent when mailed, postpaid, to the last known address of the person who appears as ' Member or Owner on the records of the Association at the time of such mailing. ~ Section 3. Enforcement. Enforcement of these covenants and restrictions i ' ~ t shall be by any proceeding at law or in equity against any person or persons ~ violating or attempting to violate anq covenant or restriction, either to restrain ~ ~ the violation 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 in no event be deeded a waiver of the right to do so thereafter. In addition, Developer shall have the right whenever there shall have been built on any lot any structure which is in violation ~ ~ of these covenants and restrictions, to enter upon the property where such violation ~ . 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. ~ ~ Section 4. Severability. Invalidation of any one of these covenants or ~ F~ ~ ~ restrictions by judgment or court order shall in no wise affect any other provisions ~ hereof, which shall remain in full force and effect. - . s~ 27i 87 ~'~r ~ ;v~ -