11.1 Binding effect
All present and future owners or occupants of
the Development shall be subject to, and shall comply with, the
provisions of this Declaration and with any amendments. The acceptance of
a deed or conveyance, or the entry into occupancy of any lot, shall
constitute an agreement that the provision of this Declaration and amendments
are accepted and ratified by such owner or any occupant and that all such
provisions shall be deemed and be taken to be covenants running with the
land, and shall bind any person having at any time any interest or estate
in such lot as though such provisions were recited and stipulated at
length in each and every deed and conveyance or lease thereof
of Owner - Each owner shall
comply strictly with the provisions of this Declaration and with the
Articles of Incorporation, Bylaws, and administrative rules and
regulations adopted by the Association as the same may be lawfully
amended from time to time, and with all decisions adopted pursuant to
this Declaration and Bylaws and administrative rules and regulations
adopted by the Association. Failure to comply shall be grounds for action
to recover sums due for damages, or injunctive relief, or both,
maintainable by the Board (acting through its officers on behalf of the
Association), or by the aggrieved owner on his own against the party
(including an owner or the Association) failing to comply. The prevailing
party shall also be awarded judgment for its taxable costs, reasonable
attorney's fees, and all other costs and expenses incurred.
of Lessee - Each owner who
shall rent or lease his lot shall insure that the lease or rental
agreement shall be in writing and shall provide that said agreement shall
be subject to the terms of this Declaration, Articles of incorporation,
Bylaws, and administrative rules and regulations. Said agreement shall
further provide that any failure of any lessee to comply with the
provisions of said documents shall be a default under the lease.
11.3 No Waiver of
The failure of the Board in any one or more
instances to insist upon the strict performance of any of the terms,
covenants, conditions or restriction of this Declaration, or of any
Bylaws, administrative rules or regulations, or to exercise any right or
option contained in such documents, or to serve any notice or to
institute any action, shall not be construed as a waiver or a
relinquishment for the future of such term, covenant, condition or
restriction, but such term, covenant, condition or restriction shall
remain in full force and effect. The receipt by the Board of any
assessment from an owner with knowledge of any such breach shall not be
deemed a waiver of such breach, and no waiver
by the Board of any provision here of shall be
deemed to have been made unless expressed in writing and signed by the
board. This section also extends to the Declarant
or Declarant's managing agent, exercising the
powers of the Board during the initial period of the operation of the
Association and the project development.
11.4 Right of
Violation of any of the provisions, conditions,
restrictions, covenants, reservations or easements contained herein,
shall give to Declarant, its successors, or the
Association, the right to enter upon the property upon or as to which
such violation exists and to abate and remove at the expense of the owner
thereof: any erection, thing or condition that may be thereon contrary to
the intent of the provisions hereof. Such entry shill be
made only after three (3) days notice to said owner and with as little
inconvenience to the owner as possible, and any damage caused thereby
shall be repaired by the Association. Declarant
or its successors shall not thereby be deemed guilty of any manner of
trespass by such entry, abatement or removal.
Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no way affect any other
provision which shall remain in full force and effect.
This Declaration shall be liberally construed
in favor of the party seeking to enforce its provisions to effectuate the
purpose of protecting and enhancing the value, marketability, and
desirability of the property by providing a general plan of development
for the property.
This Declaration may be executed in
counterparts, and all so executed counterparts shall constitute one agreement, binding on all of
the parties, notwithstanding that some of the parties are not signatories
to the original of the same counterpart.
Rights of Declarant
For such time as Declarant
shall own any lot (except for lots specifically retained by Declarant after Declarant
has ceased offering other lots for sale), there shall be no amendments to
this Declaration, the Articles of Incorporation, the Bylaws of the
Association or any rules or regulations adopted by the Association
(unless agreed to by Declarant) which.
a) Discriminate or tend to discriminate against
the Declarant's right as an owner.
b) Alter the character and rights of membership
or management, or the rights of Declarant as
provided for in this Declaration.
c) Alter previously recorded
or written agreements with public or quasi-public agencies regarding
easements and right of ways.
d) Alter Declarant's
rights as set forth herein which specifically grant or reserve rights to Declarant.
e) Alter the basis for
f) Alter the provisions of the
use restrictions as set forth in Article IX; or alter the
Declarant's right in any way as they appear under this Article
11.9 Exemption for
Lots 66 through 69
The owners of lots 66, 67, 68 and 69 as
previously sited in the Declaration shall each be a member of the
association, but shall be exempt from complying with these CCR's until
after a home is constructed on each. Each of these lots is 40 acres in
size and under current zoning rules is allowed only one home on each lot
per the requirements of the plat approval.
The covenants run with the land and shall be
binding on all parties and all persons claiming under them for a period
of thirty years from the date these covenants are recorded, after which
time said covenants shall be automatically extended for successive
periods of ten years unless an instrument signed by all of the then
owners has been recorded, agreeing to change such covenants in whole or
in part. However, nothing in this article shall be deemed to affect or
limit in any way the duration of those easements which are granted as
perpetual easement by this Declaration.
This Declaration and its covenants, conditions, and
restrictions may be
amended at any
time by an instrument signed by not less than two-thirds (2/3) of the members subject to the
limitations set forth in
this Declaration (e.g., Section 11.8), except that the provisions of Section IX,
Protective Covenants, may not be
amended for a period of two
years from the date of adoption of this
Amendment. Any amendment must be recorded.