DECLARATION OF COVENANTS OF WATERFORD SUBDIVISION
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Section 10 - Enforcement
- 10.01 Benefit. Eash Lot Owner, or Unit Owner of a Multi-Family
Parcel or Parcel Owner, their successors and assigns, by acceptance of a deed to such
property shall be bound to each and every covenant, condition, easement, restriction,
charge and lien recited herein, whether or not it shall be so expressed in the deed.
- 10.02 Enforcement. Notwithstanding anything to the contrary
stated in this Declaration, Declarant shall have the right curing the Development Period
to enforce the terms of this Declaration. If any person or association shall violate or
attempt to violate any covenant contained herein, any Lot Owner, Unit Owner, or the
Association or any Multi-Family Association acting on behalf of its Members, shall first
send by certified mail, return receipt requested, to any person and/or association unto
may be violating this Declaration a letter setting forth the violation and stating the
steps to be taken to cure the violation. If any such person or association should fail to
cure the alleged violation set forth in the above letter within thirty (30) days after the
receipt thereof by the recipient then the complaining Owner or Association may bring a
suit at law or at equity against such person violating the covenants of this Declaration
to prevent or abate any violation of the covenants of this Declaration or to recover
damages for the violation of same. In any such proceedings, the prevailing party shall be
entitled to recover all costs, including reasonable attorneys' fees. Violation of any
restrictions shall give the Association or the Multi-Family Association having
jurisdiction over any Lot or Multi-Family Parcel the right to enter upon any Lot or any
Unit over which it has jurisdiction and as to which the violation exists or similarly to
abate and remove, at the expense of the Lot Owner or Unit Owner, as the case may be, any
construction, thing or condition which may be contrary to the provisions hereof. Failure
of any association or any owner to object to any violation or to enforce any restriction
contained herein shall mm not be deemed to be a waiver of the right to do so thereafter as
to the same breach or as to one occurring prior or subsequent thereto.
Purpose and Definitions
Jurisdiction
Architectural and Construction Restrictions
Use Restrictions
Exterior Maintenance
Common Easements
Lake Parcels and Park Parcel
The Association
Assessments
Enforcement
Duration and Amendments
Severability
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© 1997 Pete LaMoia