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12.4 Control of Association. To control the operation and administration of the Association, <br />including without limitation the power to appoint and remove the members of the Board, <br />until the earliest of. (i) voluntary surrender of control by Declarant, or (ii) an Association <br />meeting which shall be held within sixty (60) days after conveyance to owners other than <br />a Declarant of one hundred percent (100%) of the total number of Lots authorized to be <br />included in the property. Notwithstanding the foregoing, the Owners other than a <br />Declarant shall have the right to nominate and elect not less than one-third (113) of the <br />directors at a meeting of the Owners which shall be held within sixty (60) days following <br />the conveyance by Declarant of fifty percent (50%) of the total number of Lots <br />authorized to be included in the Property. <br />12.5 Consent to Certain Amendments. Until such time as Declarant no longer owns any Lot <br />for initial sale, Declarant's written consent shall be required for any amendment to the <br />Governing Documents or Rules and Regulations which directly or indirectly affects <br />DecIarant's rights under the Governing Documents. <br />12.6 Assignment. Declarant may assign its special Declarant rights as set forth in this Section <br />by recording against the Property such an assignment. <br />SECTION 13 <br />N USCELLANEOUS <br />13.1 Severability. If any term, covenant, or provision of this instrument or any exhibit <br />attached hereto is held to be invalid or unenforceable for any reason whatsoever, such <br />determination shall not be deemed to alter, affect or impair in any manner whatsoever <br />any other portion of this instrument or exhibits. <br />13.2 Construction. Where applicable the masculine gender of any word used herein means <br />the feminine or neutral gender, or vice versa, and the singular of any word used herein <br />means the plural, or vice versa <br />13.3 Notices. Unless specifically provided otherwise in the Governing Documents, all notices <br />required to be given by or to the Association, the Board of Directors, the Association <br />officers or the Owners or Occupants shall be in writing and shall be effective upon hand <br />delivery, or mailing if properly addressed with postage prepaid and deposited in the <br />Loted States mail; except that registrations pursuant to Section 2.2 of the Bylaws shall be <br />effective upon receipt by the Association. <br />13.4 Conflicts Among Documents. In the event of any conflict among the provisions of this <br />Declaration, the Bylaws or any Rules or Regulations approved by the Association, this <br />Declaration shall control. As between the Bylaws and the Rules and Regulations, the <br />Bylaws shall control. <br />13.5 Duration of Covenants. The easements created pursuant to this Declaration shall be <br />perpetual and shall survive the termination of this Declaration. Any provision of this <br />Declaration expressly benefiting the City, the County, or any other governmental or <br />quasi -governmental entity, shall be perpetual unless and until waived in writing by that <br />entity. All other covenants, conditions, restrictions and reservations created by this <br />17 <br />isan7vi <br />