HomeMy WebLinkAbout1233Section 9. Subordination of the Lien to Mort a es,
The lien of the assessments prov e or ere n s a e
subord.inate to the lien of any first mortgage. Sale or
transfer of any Parcel shall not affect ~he assessment lien.
However, the sale or transfer of any Parcel pursuant to
mortgage foreclosure or any proceeding in lieu thereof~
shall extinguish the lien of such assessments as to payments
which became due prior to such sale or transfer. No sale
or transfer shall relieve such Parcel from liability for
any assessments thereafter becoming due or from the lien
thereof .
ARTICLE X
ARCHITECTURAL CONTROL
No building, fence, wall or other structure shall
be commenced~ erected or maintained upon the Property, nor
shall any exterior addition to or change or alteration
therein be made until the plans and specifications showing
the nature, kind, shape, height, materials, and location
of the same shall have been submitted to and approved
in writing as to harmony of external design and location
in relation to surrounding sCructures and topography by
the Board of Directors of the Association~ or by an architec-
tural coimnittee composed of three (3) or more representatives
appointed by the Board. In the event said Board~ or its
designated committee, fails to approve or disapprove such
design and location within thirty (30) days after said
plans and specifications have been submitted to it. apuroval
will not be required and this Article •~ill be deemed to
have been fully complied with. .
ARTICLE XI
GENERAL PROVISIONS
Section 1. Enforcement. The Association or any
Owner shall have the rig t to en orce by any proceeding at
law or in equity, all declarations, restrictions, conditions,
covenants, easements, party wall,s, reservations, liens and
charges now or hereafter imposed by the provisions of this
Declaration. Failure by the Association or any Owner to
enforce any such declaration, restriction, condition, covenant,
easement, party wall, reservation, lien and charges herein
contained shall in no event be deemed a waiver of the
right to do so thereafter. In the event it becomes necessarv
to enforce this Declaration by any proceeding at law or
in equity, the Association or any Owner bringing such
enforcement action~ if successful, shall be entitled
to recover the costs of the proceeding and such reasonable
attorney's fees as may be determined by the Court.
Section 2. Severabilit_y.~ Invalidation of anyo une
of these covenants or restrictions by jud~ment or court order
shall in no wa;~ affect any other provisions which shall
remain in full force and effect.
Section 3. Amendments.
(a) Covenants and restrictions in this Declaration
may be amended during the first thirty (30) year period by
an instrument signed by not less than ninety percent (90%) of
the Owners, and thereafter by an instrument signed by not
less than seventy-five percent (75%) of the Owners. Any
amendment must be recorded.
(b) So long as Declarant owns any Parcels herein it
shall have the absolute ri~ht to vronose any amendments to this
Declaration which are reasonably necessary to cause any
instittitional lender described herein to accept a Parcel as
mortgage security for a loan by said lender.
(c) Declarant reserves the right to nropose non- ~
material changes to this Declaration so long as it owns anv
of the Parcels herein. "
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