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Page 57 of 68 201309222 violation. Recordation of a notice of violation shall serve as notice to the Owner, Resident, and any subsequent Purchaser of the Lot, that there is such a violation. Failure by the Association to Record a notice of violation shall not constitute a waiver of any such violation, constitute any evidence that no violation exists with respect to a particular Lot, or constitute a waiver of any right of the Association to enforce the Community Documents. • The Association shall not be obligated to take any enforcement action if the Board determines, in its sole discretion, that enforcement action would not be appropriate or in the best interests of the Association because of the strength of the Owner's or Resident's possible defenses, the time and expense of litigation or other enforcement action, the likelihood of a result unfavorable to the Association, or other facts deemed relevant by the Board. Any Owner shall also have the right to enforce the. Community Documents in any manner available at law or in equity. All rights and remedies under the Community Documents or at law or in equity are cumulative, and the exercise of one right or remedy shall not waive the right to exercise another right or remedy. The failure to take enforcement action with respect to a violation of the Community Documents shall not constitute or be deemed a waiver of the right to enforce the Community Documents in the future. If the Association retains or consults with an attorney with respect to any violation of the Community Documents by an Owner or the Residents of the Owner's Lot, all attorney fees incurred by the Association shall be assessed against the Owner, whether or not a lawsuit is filed by the Association, and all such attorney fees shall be paid by the Owner to the Association on demand and shall be secured by the Assessment Lien. If any lawsuit is filed by the Association, an Owner, or Resident to enforce the provisions of the Community Documents or in any other manner arising out of the Community Documents or the operations of the Association, the prevailing party in such action shall be entitled to recover from the other party all attorneys' fees incurred by the prevailing party in the action. 12.2 Duration; Termination. This Declaration, as it may be amended pursuant to Section 12.3, shall run with the land and bind the Property and be in full force and effect in perpetuity unless terminated as provided in this Section. This Declaration may be terminated at any time if such termination is approved by the affirmative vote or written consent, or any combination thereof, of the Members holding ninety percent (90%) or more of the votes in the Association. If the necessary votes and/or consents are obtained, the Board shall Record a Certificate of Termination, duly signed by the President or Vice President and attested by the Secretary or Assistant Secretary of the Association, with their signatures acknowledged. Following the Recording of a Certificate of Termination, this Declaration shall have no further force or effect, and the Association shall be dissolved pursuant to the terms set forth in its Articles. No termination of this Declaration shall be effective unless approved in writing by the Declarant, if the Declarant owns one or more Lots at the time of the termination, and each Designated Builder that owns one or more Lots at the time of the termination.