DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS OF RECORD OF IntroductionLOUELLA HEIGHTS
Article I - Definitions
Article II - Property Rights
Article III - Membership
Article IV - Voting in Owners Association
Article V - Assessments
Article VI - Reserves
Article VII - Duration of Covenants, Reservations and Restrictions
Article VIII - Covenants and Restrictions to Run with Land
Article IX - Amendment
Article X - Violation – Enforcement
Article XI - Attorney FeesARTICLE VI Reserves
Section 1. Reserves for Depreciation and Obsolescence: Whenever herein it is provided that the Association may levy and collect an assessment or dues for any of the several enumerated purposes, such assessment or dues may include therein, at the election of the board of directors of the Association, a reasonable amount to be set aside as a reserve for depreciation and obsolescence and for repair and replacement, together with needed capital improvements, or any of the services, facilities, or utilities which the Association may from time to time furnish or cause to be furnished. To this end, accounts shall be established into which shall be paid from time to time such funds as the board or directors of the Association shall designate, the same to be accumulated for the aforementioned purposes. Such accumulation shall be invested from time to time by the treasurer at the direction of the board of directors.
ARTICLE VII Duration of Covenants, Reservations and Restrictions
Section 1. Term: The covenants, restrictions and reservations and servitude’s herein set forth shall run with the land and shall be binding on all parties and all persons claiming under them until thirty years from date of this indenture, at which time said covenants shall be automatically renewed for successive periods of ten years unless amended as set forth herein.
ARTICLE VIII Covenants and Restrictions to Run with Land
Section 1. Severability. All of the covenants, restrictions, reservations and servitudes set forth herein shall run with the land and the grantee, by accepting the deed to such premises, accepts and the same subject to such covenants, restrictions, reservations, and servitudes and agrees to himself, his heirs, administrators and assigns to be bound by each such covenants, restrictions, reservations and servitudes, jointly, separately and severally.
Section 2. Jointly and Severally Enforceable. Each and every one of the covenants, restrictions, reservations, and servitudes contained herein, shall be considered to be an independent and separate covenant and agreement and in the event any one or more of such covenants, restrictions, reservations and servitudes, shall for any reason be held to be invalid or unenforceable, all remaining covenants, restrictions, reservations and servitudes, shall nevertheless remain in full force and effect.
ARTICLE IX Amendment
This Declaration may be amended at any annual or special meeting so called for that purpose by the approving vote of not less than sixty-five percent (65%) of all votes at any duly called meeting.
ARTICLE X Violation – Enforcement
Section 1. Violation of Covenants. In the event of any violation or attempted violation of any of the Covenants herein contained, the Declarant, the Association, or any other person or persons owning or purchasing any properties shall have the right to bring an action to restrain and enjoin said violation or attempted violation, and to receive all necessary equitable relief to prevent the same including the modifying or removal of any offending structure, object or animal and shall, in addition, have the right to recover any damages to his property suffered as a result of any violation; in such action or actions.
Section 2. Non-Waiver. Failure to enforce any of the provisions hereof, in the event of violations, by any person entitled to do so, shall not prohibit or waive enforcement thereafter, nor shall enforcement be prohibited or stopped by reference to a similar violation with the same or some other property located within the development.
Section 3. Notice. Any demand to be made upon, or any notice to be given to, the owner of any lot to which these restrictions relate shall be in writing. Said demand or notice may be given to such owner either by personal delivery or by sending same by both first class and prepaid, certified United State mail to the record owner of the lot with respect to which the demand or notice relates, to the address to which the Clallam County Assessor or Treasurer send tax notices. Notice, addressed and sent as aforesaid, shall be deemed to have been fully communicated upon the expiration of forty-eight (48) hours after the time of mailing; the Post Office receipt bearing name and address of person or persons to whom such notice or demand was mailed shall be conclusive, but not the exclusive, means of proof of such fact.
Section 4. Severability. Invalidation of any one of these covenants by a judgment of any court of competent jurisdiction shall in no way effect any of the other provisions, which shall remain in full force and effect.
ARTICLE XI Attorney Fees
In any action brought by the Association or Declarant against any lot owner to enforce any term, condition or covenants herein contained, or by the lot owner against the Association to require the Association to enforce the same, the prevailing party shall be entitled to recover, in addition to costs, a reasonable sum fixed by the court as and for attorney’s fees.