HomeMy WebLinkAbout0225 I!
~s
j
may levy, in any assessment year, a special assessment ~
applicable to that year only for the purpose of defraying,
in whole or in part, the cost of any construction, reconstruction,
repair or replacement of a capital improvement upon the
i private road or common facilities, including fixtures and
personal property related thereto, provided that any such
assessment shall have the vote or written assent of fifty-
] one X51$) percent of the members.
i
~i Section 6. Subordination of the Lien to *lortgages -
The Association may, in its escretion, subordinate in
writing', for limited periods of time, the liens of the
Association against any Lot for the benefit of or better
j' security of a mortgagee.
ARTICLE VII
REMEDIES FOR VIOLATIONS
In the event of .a violation or breach of any of
these covenants and restrictions by any person or entity
claiming by, through or under the Developer, or by virtue of
any judicial proceedings, the Developer, and the Owners of
Lots in the Subdivision or any of them, jointly or severally,
shall have the right to proceed at law or in equity to I
compel a compliance with the terms hereof or to prevent the
violation or breach of any of them, or for money damages. !
In such event, said Developer and/or Owner or Owners shall
be entitled to reasonable attorneys' fees and costs incurred !
with respect to the enforcement of said covenants and restrictions
In a~3dition to the foregoing right, the Developer shall have
the right, whenever there shall have been built on any Lot
in the Subdivision 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 Owner, and such entry and ~
abatement or removal shall not be deemed a trespass. The !
failure to entorce any right, reservation, restriction or
E -condition contained herein, however long continued, shall
E not be deemed a waiver of the right to do so thereafter as
to the same breach or as to a breach occurring prior or
subsequent thereto and shall not bar or affect its enforcement.
: The invalidation by any court of any of the covenants and i
restrictions herein contained shall in no way affect any of i
~ the other covenants and restrictions, but they shall remain
in full force and effect. ~
ARTICLE VIII
EXISTING COVENANTS AND RESTRICTIONS
Section 1. The Developer may include in any ~
contract or deed or deed hereafter made any additional
covenants and restrictions. i
Section 2. The Developer may, in its sole ~
discretion, modify, amend, abrogate, add to, or derogate
''from the covenants and restrictions applicable to the Sub-
' division; provided however, that any such additional covenants
and restrictions for modifications or amendments hereto
shall not affect the lien of any mortgage then encumbering
any of the properties within the Subdivision nor shall
affect the rights and powers of any such mortgagee.
ARTICLE IX
j
DURATION OF COVENANTS AND RESTRICTIONS
+~~nMER & FRAStER,
Pa The foregoing covenants and restrictions which I
<rTOgN EYS AT LAW j
tiSi OFFICE BOX It/0 Op 1
'3061ZA~273A
~7 '
ILK
319 ~~~E 225 ~