Instrument #2022025031 #61 Book:8196 Page:4832
(b) Any failure by the Association to furnish any notice under this Section 17.02 hereof shall not result in liability of the Association because such notice is given as a courtesy to a requesting Mortgagee and guarantors ofany Mortgages, and the furnishing ofsuch notice is not an obligation ofthe Association to any Mortgagee or guarantors ofany Mortgages. Section 17.03. Failure of Mortgagee to Respond. Any Mortgagee or guarantors of any Mortgage who receives a written request from the Board to respond to or consent to any action shall be deemed to have approved such action if the Association does not receive a written response from the Mortgagee within sixty (60) days of the date of the Association's request, provided such request is delivered to the Mortgagee by certified or registered mail,return receipt requested.
ARTICLE XVIII
GENERAL PROVISIONS
Section 18.01. Notice. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when personally delivered or mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records ofthe Association at the time ofsuch mailing. Section 18.02. Enforcement. Without limiting the generality of Article XV,enforcement ofthe covenants and restrictions of the Declaration and the other Governing Documents may be accomplished by any proceeding at law or in equity against any person or persons violating or attempting or threatening to violate any condition, covenant or restriction of the Declaration or the other Governing Documents, either to restrain violation or to recover damages, and against the Lots to enforce any lien created by the conditions, covenants and restrictions ofthis Declaration; and failure to enforce any condition, covenant or restriction ofthe Declaration or the other Governing Documents shall in no event be deemed a waiver ofthe right to do so thereafter. Section 18.03. Interpretation. The article and section headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions and interpretation or construction of this Declaration. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular, and the masculine, feminine and neuter genders shall each include the others. Section 18.04. Severability. If any clause or provision of any Governing Document is deemed by a court oflaw illegal, invalid, or unenforceable under any present or future Law,the remainder ofsuch Governing Document shall not be affected thereby. It is the intention of Declarant that if any such provision ofany Governing Document is held to be illegal, invalid, or unenforceable,there shall be added in lieu thereof a provision as similar in terms to such provision as is possible and still be legal, valid and enforceable.
Section 18.05. Effective Date. This Declaration shall become effective on the Effective Date.
Section 18.06. Conflict. As more specifically addressed below, this Declaration shall take precedence over conflicting provisions in the Articles and Bylaws and the Rules and Regulations, said Articles shall take precedence over conflicting provisions in the Bylaws and the Rules and Regulations, said Bylaws shall take precedence over conflicting provisions in the Rules and Regulations, and the Rules shall take precedence over conflicting provisions in the Architectural Guidelines.
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58771933;7
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