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HomeMy WebLinkAbout0018 in part, by the recording of a written instrument~or certified copy of a Resolution of the Association executed or adopted as the case may be, by the Owners of a majority of the Lots in BEAU RIVAGE ESTATES and all institutio~_~al lenders holding mortgages on such . Lots. 4. If any of the provisions of this Declaration shall be in conflict with the provisions of the Articles of Incorporation or Bylaws of the Association, t~e provisions of said Articles of In- corporation and Bylaws of the Association shall be controlling. ~ 5. So long as the Developer owns any Lot in BEAU RIVAGE ES- TATES, it shall have the absolute right to make any amendments to this Declaration which are reasonably necessary to cause any insti- tutional lender to accept a Lot as~mortgage security for a loan by said lender. 6. Developer~reserves the right to make non-material changes in this Declaration so long as it awns any of the Lots in BEAU ~ . RIVAGE ESTATES. ~ VII ENFORCEMENT ~ In the event of a violation or breach of any of the covenants ~ 4 • ~ and restrictions set forth in this Declaration by any Owner or Own- ~ r ers or any person or entity claiming by, through or under-the De- ~ veloper, or any Owner or Owners, or by virtue of any judicial pro- ~ ~ . ~ ceeding's, the Developer, Owner or Owners, Association anci/or Archi- ~ • ~ ~ . ~ ~ tectural Committee, jointly and severely, shall have the right to ~ ~ X proceed at law or in equity to compel compliance with the terms . 3 - hereof or to prevent the violation or breach of any of them, or ~ for money damages. In such event, the Developer, Owner or Owners, Association - and~or Arc~itectural Committee shall be entitled to recover its = costs and reasonable attorneys' fees incurred with respect to the ~ ~ • ~ ~ -10- j aooK~~•, P~GE ~O ~ ~