201503252 - Laserfiche WebLink

Browse

201503252 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. 13.2 Duration; Termination. This Declaration, as it may be amended pursuant to Section 13.3, 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. 13.3 Amendments. This Declaration may be amended at any time by the affirmative vote of Members having at least seventy -five percent (75 %) of the total votes in the Association. Any amendment to this Declaration must be approved in writing by the Declarant, if the Declarant owns one or more Lots at the time of the amendment, and by each Designated Builder that owns one or more Lots at the time of the amendment. Notwithstanding any other provision of this Declaration to the contrary, neither Article 12, Article 15, nor this sentence may be amended without the prior written consent of the Declarant and each Designated Builder even if the Declarant or Designated Builder no longer own any Lots at the time of the amendment. Any amendment approved by the Members pursuant to this Section shall certify that the amendment has been approved as required by this Section, shall be signed by the President or Vice President of the Association, and shall be Recorded. Unless a later effective date is provided for in the amendment, any amendment to this Declaration shall be effective upon the Recording of the amendment. Page 58 of 69