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(i) <br />201807442 <br />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 />Any Owner shall also have the right to enforce the Community Documents in any manner <br />available at law or in equity. <br />All rights and remedies under the Community Documents or at law or in equity are <br />cumulative, and the exercise of one right or remedy shall not waive the right to exercise another <br />right or remedy. The failure to take enforcement action with respect to a violation of the <br />Community Documents shall not constitute or be deemed a waiver of the right to enforce the <br />Community Documents in the future. <br />If the Association retains or consults with an attorney with respect to any violation of the <br />Community Documents by an Owner or the Residents of the Owner's Lot, all attorney fees <br />incurred by the Association shall be assessed against the Owner, whether or not a lawsuit is filed <br />by the Association, and all such attorney fees shall be paid by the Owner to the Association on <br />demand and shall be secured by the Assessment Lien. If any lawsuit is filed by the Association, <br />an Owner, or Resident to enforce the provisions of the Community Documents or in any other <br />manner arising out of the Community Documents or the operations of the Association, the <br />prevailing party in such action shall be entitled to recover from the other party all attorneys' fees <br />incurred by the prevailing party in the action. <br />12.2 Duration; Termination. <br />This Declaration, as it may be amended pursuant to Section 12.3, shall run with the land <br />and bind the Property and be in full force and effect in perpetuity unless terminated as provided <br />in this Section. This Declaration may be terminated at any time if such termination is approved <br />by the affirmative vote or written consent, or any combination thereof, of the Members holding <br />Page 57 of 67 <br />