Article XI - Miscellaneous

NOTE: THE FOLLOWING IS A PORTION OF THE DEED RESTRICTION COVENANT. IT IS HAND-RE-TYPED AND MAY CONTAIN MINOR OMISSIONS/ERRORS.

  • Section 11.1 - SEVERABILITY - In the event of the invalidity or partial invalidity or partial unenforceability of any provision in this Declaration, the remainder of the Declaration shall remain in full force and effect.
  • Section 11.2 - NUMBER AND GENDER - Pronouns, whenever used herein, and of whatever gender, shall include natural persons and corporations, entities and associations of every kind and character, and the singular shall include plural, and vice versa, whenever and as often as may be appropriate.
  • Section 11.3 - ARTICLES AND SECTIONS - Article and section headings in this Declaration are for convenience of reference and shall not affect the construction or interpretation of this Declaration. Unless the context other requires, references herein to articles and sections are to articles and sections on this Declaration.
  • Section 11.4 - DELAY IN ENFORCEMENT - No delay in enforcing the provisions of this Declaration with respect to any breach or violation thereof shall impair, damage or waive the right of any party entitled to enforce the same to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time.
  • Section 11.5 - ENFORCEABILITY - The provisions of this Declaration shall run with the Lots in the Subdivision and shall be binding upon and inure to the benefit of and be enforceable by the Association, each Owner of a Lot in the Subdivision, or any portion thereof, and their respective heirs, legal representatives, successors and assigns. If notice and an opportunity to be heard are given, the Association shall be entitled to impose reasonable fines for violations of this Declaration and to collect reimbursement of actual attorney's fees and other reasonable costs incurred by it relating to violations of this Declaration. Such fines, fees and costs shall constitute a Reimbursement Assessment and may be added to the Owner's assessment account and collected in the manner provided in Article VII of this Declaration.
  • Section 11.6 - REMEDIES - In the event any one or more persons, firms, corporations or other entities violate or attempt to violate any of the provisions of the Declaration, the Association, each Owner or occupant of a Lot within the Subdivision may institute and prosecute any proceeding at law or in equity to abate, preempt or enjoin any such violation or attempted violation or to recover monetary damages caused by such violation or attempted violation.
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