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201503252
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Last modified
5/20/2015 8:49:55 AM
Creation date
5/20/2015 8:49:51 AM
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DEEDS
Inst Number
201503252
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(c) suspending any services provided by the Association to an Owner or the Owner's <br />Lot if the Owner is more than fifteen (15) days delinquent in paying any <br />Assessment or other charge owed to the Association; <br />(d) exercising self -help or taking action to abate any violation of the Community <br />Documents in a non - emergency situation; <br />(e) requiring an Owner, at the Owner's expense, to remove any structure or <br />Improvement on such Owner's Lot in violation of this Declaration and to restore <br />the Lot to its previous condition. Upon failure of an Owner to do so, the Board or <br />its designee shall have the right to enter the property, remove the violation, and <br />restore the property to substantially the same condition as previously existed; and <br />any such action shall not be deemed a trespass; <br />(f) without liability to any Person, prohibiting any contractor, subcontractor, agent, <br />employee, or other invitee of an Owner who fails to comply with the terms and <br />provisions of this Declaration or the Design Guidelines from continuing or <br />performing any further activities in the Project; <br />towing vehicles that are parked in violation of this Declaration or the Association <br />Rules; and <br />(h) filing a suit at law or in equity to enjoin a violation of the Community Documents, <br />to compel compliance with the Community Documents, to recover fines or money <br />damages, or to obtain such other relief as to which the Association may be <br />entitled. <br />(i) Recording a written notice of violation by any Owner or Resident of any <br />restriction or other provision of the Community Documents. The notice shall be <br />executed by an officer of the Association and shall contain substantially the <br />following information: (i) the name of the Owner or Resident violating or <br />responsible for the violation of the Community Documents; (ii) the legal <br />description of the Lot against which the notice is being Recorded; (iii) a brief <br />description of the nature of the violation; (iv) a statement that the notice is being <br />Recorded by the Association pursuant to this Declaration; and (v) a statement of <br />the specific steps that must be taken by the Owner or Resident to cure the <br />violation. Recordation of a notice of violation shall serve as notice to the Owner, <br />Resident, and any subsequent Purchaser of the Lot, that there is such a violation. <br />Failure by the Association to Record a notice of violation shall not constitute a <br />waiver of any such violation, constitute any evidence that no violation exists with <br />respect to a particular Lot, or constitute a waiver of any right of the Association to <br />enforce the Community Documents. <br />The Association shall not be obligated to take any enforcement action if the Board <br />determines, in its sole discretion, that enforcement action would not be appropriate or in the best <br />interests of the Association because of the strength of the Owner's or Resident's possible <br />defenses, the time and expense of litigation or other enforcement action, the likelihood of a result <br />unfavorable to the Association, or other facts deemed relevant by the Board. <br />(g) <br />Any Owner shall also have the right to enforce the Community Documents in any manner <br />available at law or in equity. <br />Page 57 of 69 <br />201503252 <br />
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