Article Nine

No Annual Meeting Scheduled

ARTICLE IX
SCOPE OF ENFORCEMENT

9.1. The limitations, restrictions, conditions and covenants set forth in
this Declaration constitute a general scheme for (i) the maintenance, protection and
enhancement of the value of the Lots within the Project; and (ii) the benefit of all
Owners. Said limitations, restrictions, conditions and covenants are and shall be
covenants running with the land or equitable servitudes, as the case may be.

9.2. Each remedy provided for in this Declaration shall be cumulative and
not exclusive. The Association or any Owner shall have the right to enforce, by any
proceeding at law or in equity, all restrictions, conditions, covenants, reservations, and
charges now or hereafter imposed by the provisions of this Declaration or any amendment
thereto.

9.3. The result of or condition caused by any violation of any of the
provisions of this Declaration is and shall be a nuisance, and every remedy in law or equity
now or hereafter available against a public or private nuisance may be exercised by any
person affected thereby.

9.4. Any of the foregoing to the contrary notwithstanding, no action to
enforce this Declaration shall be instituted unless and until a written notice of such
breach setting forth the facts of such breach has been delivered by certified mail to the
Owner of such Lot.

9.5. In the event the Association or any Owner(s), should commence
litigation to enforce any of the provisions of this Declaration, that party, if he should
prevail, shall be entitled to have judgment against and recover from any defendant in such
litigation such attorneys' fees (other than nominal) and costs as the court may adjudge
reasonable and proper.

 

 

 

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