Agenda 06-04-2019 6-a - Major Subdivision Preliminary Plat Application

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36 employees, contractors, agents and any management entity contracted by the Association) shall have the further right to enter upon any Lot or Common Elements at any reasonable time and in any reasonable manner, for the limited purpose of curing a violation of any covenant, condition, restriction, reservation or easement now or hereafter established, granted or imposed by the provisions of this Declaration existing on such Lot or Common Elements without liability for damages for wrongful entry, trespass or otherwise to the Owner of such Lot or any other Person occupying such Lot. Failure by the Association or any Owner(including Declarant for so long as Declarant shall retain record title to any Lot or any other part of the Property) to enforce any covenant, condition, restriction, reservation, easement, use right, lien or charge now or hereafter established, granted or imposed by the provisions of this Declaration shall not be deemed a waiver of the right to do so at a subsequent date. Notwithstanding the foregoing, neither the Association (including its employees, contractors, agents and any management entity contracted by the Association) nor any Owner (including Declarant) shall take any legal, equitable or other action against any Lot or the Owner thereof to enforce any right or remedy or enjoin any violation pursuant to the provisions of this Section unless and until (a) the Association (or any management entity contracted by the Association) or the enforcing Owner (including Declarant) shall have delivered to the Owner of the Lot upon which a violation of any covenant, condition, restriction, reservation or easement now or hereafter established,granted or imposed by the provisions of this Declaration shall exist, written notice of such violation and demand for cure, which notice shall state the nature of the violation with specificity; and (b) the Owner of the Lot upon which the violation exists shall have failed to cure such violation within a period of not less than thirty (30) calendar days after the date of delivery of such written notice and demand for cure. The prevailing party in any legal or equitable action pursuant to this Section shall have the right to recover from the non-prevailing party, and the non-prevailing party shall be liable to the prevailing party for the payment of, any and all costs and expenses of such legal or equitable action incurred by the prevailing party, including, without limitation, court costs and reasonable attorneys' fees to the full extent permitted by law. In the event the Association shall incur any costs and/or expenses to enter upon any Lot for the purpose of curing a violation of any covenant, condition, restriction, reservation or easement now or hereafter established, granted or imposed by the provisions of this Declaration existing on such Lot as provided above, the total amount of all such costs and expenses shall be deemed a Special Assessment against such Lot and the Owner thereof and the Association shall have all corresponding lien, collection and other rights with respect to such Special Assessment as are provided in this Declaration. Section 13.02 Limitations. Nothing contained in this Declaration shall be construed or interpreted to impose any condition, restriction, lien or charge upon any tract or parcel of land other than the Property. Section 13.03 Amendment. Except to the extent otherwise expressly provided in this Declaration or required by the Act or other applicable law, this Declaration may be amended only by the affirmative vote of or written agreement signed by the Owners of Lots to which not less than sixty-seven percent(67%)of the votes in the Association are allocated. With the exception of any amendment to this Declaration adopted by Declarant during the Period of Declarant Control, any amendment to this Declaration shall be delivered to the Board of Directors. Thereupon,the Board of Directors shall,within thirty(30)days: 26