The
Association, or any Owner, shall have the right to enforce, by any proceeding at
law or in equity, all restrictions, conditions, covenants, reservations, liens
and charges now or hereafter imposed by the provisions of this Declaration.Failure by the Association or by any Owner to enforce any covenant or
restriction herein contained shall in no event be deemed a waiver of the right
to do so thereafter.
Section 2:Severability
Invalidation
of any one of these covenants or restrictions by judgment or court order shall
in no way affect any other provisions which shall remain in full force and
effect.
Section 3:Amendment
The covenants and restrictions of this Declaration shall run with and
bind the land, for a term of twenty (20) years from the date this Declaration is
recorded, after which time they shall be automatically extended for successive
periods of ten (10) years.This
Declaration may be amended during the first twenty (20) year period by an
instrument signed by the persons reflecting a seventy-five percent (75%) or
greater thereafter by an instrument signed by not less than sixty-six percent
(66%).Any amendment must be
recorded.These amendment
provisions shall not apply to the following sections 4 and 5.
Section 4:Annexation of property
The Declarant reserves the right to add additional residential property
and/or Common Area to the Properties as it may deem.
Section 5:Deletion or Modification of Properties
The Declarant makes no representation or warranty whatsoever that it
shall complete any or all ninety-one (91) proposed units of housing or any Phase
or or any part of any Phase or any improvement shown or as shown on any Plan or
drawing.To the contrary, the
Declarant reserves the absolute right to cease or change its plans for the
construction of housing under this Declaration, or, complete Phase II or
subsequent phases under a new Declaration and new homeowners association, at any
time as it may deem fit.
Section 6:Pets
Except as provided in the By-Laws of the Association, no dogs or cats or
animals or pets of any kind shall be allowed on the Properties.
Section 7:Parking
Except for Declarant’s construction and members moving or as provided
in the ByLaws of the Association, no parking of any vehicle of any type shall be
allowed anywhere in the Properties except in a garage or on a driveway on a Lot
or other designated parking area.Except
as provided in the By-Laws, under no circumstances shall any truck, boat,
trailer or other vehicle or object of any kind or description, except a
conventional passenger car, be allowed at any time in any driveway or designated
area.