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<br /> ARTICLE XIII
<br /> GENERAL PROVISIONS
<br /> Section 13.01 Enforcement. Subject to the notice requirements stated below,the Association
<br /> (including any management entity contracted by the Association) and each Owner(including Declarant for
<br /> so long as Declarant shall retain record title to any Lot or any other part of the Property)shall have the right
<br /> to enforce or to enjoin the violation of, by any proceeding at law or in equity, all covenants, conditions,
<br /> restrictions, reservations, easement, use rights, liens and charges now or hereafter established, granted or
<br /> imposed by the provisions of this Declaration. Subject to the notice requirements stated below, the
<br /> Association (including its employees, contractors, agents and any management entity contracted by the
<br /> Association) shall have the further right to enter upon any Lot or Common Elements at any reasonable time
<br /> and in 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 provisions of
<br /> this Declaration existing on such Lot or Common Elements without liability for damages for wrongful
<br /> entry, trespass or otherwise to the Owner of such Lot or any other Person occupying such Lot. Failure by
<br /> the Association or any Owner(including Declarant for so long as Declarant shall retain record title to any
<br /> Lot or any other part of the Property)to enforce any covenant, condition,restriction,reservation,easement,
<br /> use right, lien or charge now or hereafter established, granted or imposed by the provisions of this
<br /> Declaration shall not be deemed a waiver of the right to do so at a subsequent date.
<br /> Notwithstanding the foregoing, neither the Association (including its employees, contractors,
<br /> agents and any management entity contracted by the Association) nor any Owner (including Declarant)
<br /> shall take any legal, equitable or other action against any Lot or the Owner thereof to enforce any right or
<br /> remedy or enjoin any violation pursuant to the provisions of this Section unless and until (a) the
<br /> Association (or any management entity contracted by the Association) or the enforcing Owner (including
<br /> Declarant) shall have delivered to the Owner of the Lot upon which a violation of any covenant,condition,
<br /> restriction, reservation or easement now or hereafter established, granted or imposed by the provisions of
<br /> this Declaration shall exist, written notice of such violation and demand for cure, which notice shall state
<br /> the nature of the violation with specificity; and (b) the Owner of the Lot upon which the violation exists
<br /> shall have failed to cure such violation within a period of not less than thirty (30) calendar days after the
<br /> 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 the right to
<br /> recover from the non-prevailing party, and the non-prevailing party shall be liable to the prevailing party
<br /> for the payment of, any and all costs and expenses of such legal or equitable action incurred by the
<br /> prevailing party, including, without limitation, court costs and reasonable attorneys' fees to the full extent
<br /> permitted by law. In the event the Association shall incur any costs and/or expenses to enter upon any Lot
<br /> for the purpose of curing a violation of any covenant,condition,restriction,reservation or easement now or
<br /> hereafter established, granted or imposed by the provisions of this Declaration existing on such Lot as
<br /> provided above, the total amount of all such costs and expenses shall be deemed a Special Assessment
<br /> against such Lot and the Owner thereof and the Association shall have all corresponding lien, collection
<br /> and other 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 or
<br /> interpreted to impose any condition, restriction, lien or charge upon any tract or parcel of land other than
<br /> 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 only by the
<br /> affirmative vote of or written agreement signed by the Owners of Lots to which not less than sixty-seven
<br /> percent(67%)of the votes in the Association are allocated.
<br /> With the exception of any amendment to this Declaration adopted by Declarant during the Period
<br /> of Declarant Control, any amendment to this Declaration shall be delivered to the Board of Directors.
<br /> Thereupon,the Board of Directors shall,within thirty(30)days:
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