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201807839 recordation of the Declaration, (2) a first mortgage or deed of trust on the unit recorded before the date on which the assessment sought to be enforced was recorded and (3) liens for real estate taxes and other governmental assessments or charges against the unit. 35. Capital Improvements. Annual and special assessments, other than for capital improvements, may be levied by the Executive Board of Directors of the association. Any special assessment for capital improvement shall be approved by the affirmative vote of unit owners representing Sixty -Seven Percent (67%) of the allocated interests, present in person or by proxy, at a regular meeting of the members or at a special meeting of the members if notice of the special assessment is contained in the notice of the special meeting. 36. Binding Effect. The covenants contained in this Declaration shall run with the land and shall bind the Declarant and all persons claiming under the Declarant. 37. Enforcement. Enforcement of the covenants contained in this Declaration may be, by proceedings at law or in equity, against any person violating or attempting to violate any covenant. The proceedings may be to restrain the violation or recover damages and, by the association, may be to enforce any lien or obligation created by the covenants. 38. Amendments. The condominium established by this Declaration may be amended, in writing, by the unit owners of Sixty -Seven Percent (67%) of the units at any time. The condominium established by this Declaration may be terminated, in writing, by the unit owners of Eighty Percent (80%) of the units. 39. Severability. The invalidation of any one of the provisions of this Declaration shall not affect the validity of the remaining provisions. 40. Reformation. Consistent with the intent of this Declaration, to the extent that such intent may be ascertained by the terms of this Declaration, any provision contained in this Decla- ration shall be reformed to the extent necessary to create a valid and enforceable provision Page 14 of 15