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Agenda 06-04-2019 6-a - Major Subdivision Preliminary Plat Application – Fairway Hills
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Agenda 06-04-2019 6-a - Major Subdivision Preliminary Plat Application – Fairway Hills
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BOCC
Date
6/4/2019
Meeting Type
Regular Meeting
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Agenda
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6-a
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Agenda - 06-04-2019 Regular Board Meeting
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\Board of County Commissioners\BOCC Agendas\2010's\2019\Agenda - 06-04-19 Regular Meeting
Minutes 06-04-19 Regular Meeting
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\Board of County Commissioners\Minutes - Approved\2010's\2019
RES-2019-033 Resolution of approval for the Fairway Hills preliminary plat
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\Board of County Commissioners\Resolutions\2010-2019\2019
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36 <br /> employees, contractors, agents and any management entity contracted by the Association) shall <br /> have the further right to enter upon any Lot or Common Elements at any reasonable time and in <br /> any reasonable manner, for the limited purpose of curing a violation of any covenant, condition, <br /> restriction, reservation or easement now or hereafter established, granted or imposed by the <br /> provisions of this Declaration existing on such Lot or Common Elements without liability for <br /> damages for wrongful entry, trespass or otherwise to the Owner of such Lot or any other Person <br /> occupying such Lot. Failure by the Association or any Owner(including Declarant for so long as <br /> Declarant shall retain record title to any Lot or any other part of the Property) to enforce any <br /> covenant, condition, restriction, reservation, easement, use right, lien or charge now or hereafter <br /> established, granted or imposed by the provisions of this Declaration shall not be deemed a <br /> waiver of the right to do so at a subsequent date. <br /> Notwithstanding the foregoing, neither the Association (including its employees, <br /> contractors, agents and any management entity contracted by the Association) nor any Owner <br /> (including Declarant) shall take any legal, equitable or other action against any Lot or the Owner <br /> thereof to enforce any right or remedy or enjoin any violation pursuant to the provisions of this <br /> Section unless and until (a) the Association (or any management entity contracted by the <br /> Association) or the enforcing Owner (including Declarant) shall have delivered to the Owner of <br /> the Lot upon which a violation of any covenant, condition, restriction, reservation or easement <br /> now or hereafter established,granted or imposed by the provisions of this Declaration shall exist, <br /> written notice of such violation and demand for cure, which notice shall state the nature of the <br /> violation with specificity; and (b) the Owner of the Lot upon which the violation exists shall <br /> have failed to cure such violation within a period of not less than thirty (30) calendar days after <br /> the date of delivery of such written notice and demand for cure. <br /> The prevailing party in any legal or equitable action pursuant to this Section shall have <br /> the right to recover from the non-prevailing party, and the non-prevailing party shall be liable to <br /> the prevailing party for the payment of, any and all costs and expenses of such legal or equitable <br /> action incurred by the prevailing party, including, without limitation, court costs and reasonable <br /> attorneys' fees to the full extent permitted by law. In the event the Association shall incur any <br /> costs and/or expenses to enter upon any Lot for the purpose of curing a violation of any <br /> covenant, condition, restriction, reservation or easement now or hereafter established, granted or <br /> imposed by the provisions of this Declaration existing on such Lot as provided above, the total <br /> amount of all such costs and expenses shall be deemed a Special Assessment against such Lot <br /> and the Owner thereof and the Association shall have all corresponding lien, collection and other <br /> rights with respect to such Special Assessment as are provided in this Declaration. <br /> Section 13.02 Limitations. Nothing contained in this Declaration shall be construed <br /> or interpreted to impose any condition, restriction, lien or charge upon any tract or parcel of land <br /> other than the Property. <br /> Section 13.03 Amendment. Except to the extent otherwise expressly provided in this <br /> Declaration or required by the Act or other applicable law, this Declaration may be amended <br /> only by the affirmative vote of or written agreement signed by the Owners of Lots to which not <br /> less than sixty-seven percent(67%)of the votes in the Association are allocated. <br /> With the exception of any amendment to this Declaration adopted by Declarant during <br /> the Period of Declarant Control, any amendment to this Declaration shall be delivered to the <br /> Board of Directors. Thereupon,the Board of Directors shall,within thirty(30)days: <br /> 26 <br />
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