11-28-2016 Council Packet - Laserfiche WebLink

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12.2 Signs. To erect and maintain signs and other sales displays offering the Lots for sale, in or on any Lot owned by Declarant and on the Common Area. 12.3 Easements. To have and use easements, for itself, its employees, contractors, representatives, agents and prospective purchasers through and over the Common Area and the yard areas of the Lots for the purpose of exercising its special declarant rights. 12.4 Control of Association. To control the operation and administration of the Association, including without limitation the power to appoint and remove the members of the Board, until the earliest of (i) voluntary surrender of control by Declarant, or (ii) an Association meeting which shall be held within sixty (60) days after conveyance to owners other than a Declarant of one hundred percent (100%) of the total number of Lots authorized to be included in the property. Notwithstanding the foregoing, the Owners other than a Declarant shall have the right to nominate and elect not less than one-third (1/3) of the directors at a meeting of the Owners which shall be held within sixty (60) days following the conveyance by Declarant of fifty percent (50%) of the total number of Lots authorized to be included in the Property. 12.5 Consent to Certain Amendments. Until such time as Declarant no longer owns any Lot for initial sale, Declarant's written consent shall be required for any amendment to the Governing Documents or Rules and Regulations which directly or indirectly affects Declarant's rights under the Governing Documents. 12.6 Assignment. Declarant may assign its special Declarant rights as set forth in this Section by recording against the Property such an assignment. SECTION 13 MISCELLANEOUS 13.1 Severability. If any term, covenant, or provision of this instrument or any exhibit attached hereto is held to be invalid or unenforceable for any reason whatsoever, such determination shall not be deemed to alter, affect or impair in any manner whatsoever any other portion of this instrument or exhibits. 13.2 Construction. Where applicable the masculine gender of any word used herein means the feminine or neutral gender, or vice versa, and the singular of any word used herein means the plural, or vice versa. 13.3 Notices. Unless specifically provided otherwise in the Governing Documents, all notices required to be given by or to the Association, the Board of Directors, the Association officers or the Owners or Occupants shall be in writing and shall be effective upon hand delivery, or mailing if properly addressed with postage prepaid and deposited in the Loted States mail; except that registrations pursuant to Section 2.2 of the Bylaws shall be effective upon receipt by the Association. 13.4 Conflicts Among Documents. In the event of any conflict among the provisions of this Declaration, the Bylaws or any Rules or Regulations approved by the Association, this 18 188927v1