Article XII – General Provisions
Section 1 – Enforcement. The Association, or any Owner, shall have the right to enforce, by a 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. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect.
Section 3 – Term. The covenants and restrictions of this Declaration shall run with and bind the Property, for a term of twenty (20) years from the date this Declaration is recorded, after which time the covenants shall be automatically extended for successive periods of ten (10) years unless by a vote of ninety-percent (90%) of the votes of each class of members, the Members determine to terminate this Declaration.
Section 4 – Amendment. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the votes in the Association, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the votes of each class of members. Any amendment must be recorded. Not withstanding the foregoing, the Declarant reserves and shall have the sole right to (a) amend this Declaration with respect to Lots still owned by it at the time of amendment, but all such amendments shall conform to the general purposes and standards of the covenants and restrictions herein contained; (b) to amend this Declaration for the purposes of curing any ambiguity in or any inconsistency between the provisions contained herein; (c) to include in any contract or deed or other instrument hereafter made any additional covenants and restrictions applicable to any Lot which do not lower the standards of the covenants herein contained; and (d) to release any Lot or Unit thereon from any part of the covenants and restrictions which have been violated (including without limitation violations of building restriction lines and provisions hereof relating thereto) if the Declarant or the RACC determines such violation to be minor or non-adverse.
Section 5 – Declarant’s Successors. So long as the Declarant owns any parcel of the Property, the Declarant shall have the sole and exclusive right at any time and from time to time to transfer and assign to, and to withdraw from, such person, firm, corporation, trust or other entity as it shall select, any or all rights, powers, privileges, authority and reservation given to or reserved by the Declarant by any part or section of this Declaration. At such time as Declarant exercises its rights hereunder, Declarant shall record an instrument in the public records of Camden County, Georgia specifying with reasonable detail the particulars of the assignment made by Declarant. If at any time after Declarant no longer owns any Property or Additional Property there shall be no person, firm, corporation trust or other entity specified by the Declarant to exercise any rights, powers, privileges, authorities and reservations given to or reserved by the Declarant under the provisions hereof, the same shall be vested in and exercised by the Association.
Section 6 – Attorney’s Fees. It is specifically acknowledged that in the event that any action is taken by any party authorized herein to enforce this Declaration, the prevailing party shall be entitled to receipt of its attorney’s fees and court costs. Wherever in the Declaration there is a section providing for the payment of attorney’s fees, such provision shall include attorney’s fees incurred prior to or during any litigation of the matter or on appeal.
Section 7 – FHA/VA Approval. As long as there is a Class C membership, the following actions will require the prior approval of the FHA or the VA: annexation of additional property, dedication of Common Property, and amendment of this Declaration of Covenants, Conditions, Restrictions and Easements.