Previous Home Next

the Owner of any Lots, any amendment to the Declaration which affects the Owners’ rights of obligations with respect to the Club Property of the C.C.C.A. shall require the prior approval of the Declarant. If the Subdivision is approved by the Federal Housing Administration or the Veterans Administration, then any amendment to this Declaration shall require the prior approval of the Federal Housing Administration or the Veterans Administration as long as there is a Class B membership.


Section 8.03. Exercise of Declarant’s Rights. U.S. Home Corporation, as beneficiary of Pioneer Trust No. 11,523, shall have the complete authority to exercise Declarants’s rights arising out of this Declaration, the Articles or Bylaws, or the articles or bylaws of the C.C.C.A., unless such exercise directly affects title to the Property or the Club Property.


Section 8.04. Enforcement and Non-Waver.


    A. Enforcement. Except as otherwise provided herein, the Association, or any  Owner, shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens or charges now or hereafter imposed by provision of the Declaration.


    B. Prerequisite to Litigation. Except as provided in Section 6.08 herein above, in the event of a dispute between an Owner, the Board of Directors, the Association, the Declarant or the Developer, the complainant, as an absolute condition precedent to instituting a legal action against respondent, must first serve notice in writing on respondent in the manner hereinafter provided, advising him of the alleged grievance, the action or results desired and a date and time convenient for a meeting; the respondent shall have a minimum of fifteen (15) days, but not to exceed thirty (30) days, from receipt of said notice, in which to schedule a meeting for the purpose of arriving at a settlement of the controversy with complainant.


    C. Violation and Nuisance. Every act or omission whereby any provision of this Declaration is violated in whole or in part is hereby declared to be a nuisance and may be enjoined or abated, whether or not the relief sought is for negative or affirmative action, by Declarant, the Association, or any Owner or group of Owners of Lots within the Subdivision.


Previous Home Next