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covenants, conditions, restrictions,- and agreements herein
contained shall be construed to be a waiver of any other breach of ~ s
the same, or other covenants, Conditions, restrictions, and
agreementsf nor shall failure to enforce any one of such -
restrictions, either by forfeiture or otherwise, be construed as a
waiver of any other restriction or condition.
Notices. Any notice required to be sent to any
member or Owner under the provisions of this .Amended Declaration
shall be deemed to have been properly sent when mailed, postpaid,
to the last known address of -the person who appears a member or
Owner on the records of the Association at the time of such
mailing.
5. Attorney's Fees and Costs. If any legal action is
brought against the Developer and/or the Tarpon Bay Villas
8omeowners Association, .Inc. by the Owner or group of Owners,
individually or as a class and if the Developer or the Association
or both prevail, the prevailing party shall be entitled to
reasonable attorney's fees and costs expended as a result of the
legal action. If no legal action is brought but the Developer.
and/or the Association is caused to incur attorney's fees and
j other costs as a result of actions of any of the above and the
Developer and/or the Association prevails, the Developer and/or
~ the Association shall be entitled to reimbursement for reasonable
i
attorney's fees and other costs that were-incurred.
6. Invalidity and Severability. If any covenant,
condition or restriction hereinabove contained, or any portion
thereof is found to be invalid or void by judgment of court order,
~ such invalidity shall in no way affect any other covenants,
conditions and restrictions which shall remain in full force and
effect.
s
7. Amendment. This Amended Declaration may be amended
f
! at any time and from time to time upon the execution and
recordation of an instrument executed by Owners holding not less
F
than seventy-five (75$) percent of the voting interests of the
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g~~331 P~~~ 994
.J