ARTICLE X

REMEDIES FOR BREACH OF COVENANTS, 

RESTRICTIONS AND REGULATIONS 

 

A. Abatement and Enjoyment. The violation of any restriction or condition or regulation adopted by the Board, or the breach of any covenant or provision contained in this Declaration shall give the Board the right, in addition to the rights set forth elsewhere in this Declaration: (i) to enter upon that part of the Property and Maintenance Area where such violation or breach exists and summarily abate and remove, at the expense of the defaulting Owner, any structure, thing or condition that may exist thereon contrary to the intent and provisions hereof, and the Declarant, or successors or assign, or the Board, or its agents, shall not thereby be deemed guilty in any manner of trespass, or (ii) to enjoin, abate, or remedy by appropriate legal proceeding, either at law or in equity, the continuance of any breach. All expenses of the Board in connection with such actions and proceedings, including court costs and attorneys; fees and expenses, and all damages, liquidated or otherwise, together with interest thereon at rate of twelve percent (12%) per annum until paid, shall be charged to and assessed against such defaulting Owner.

 

B. Restrictions. The Association shall be responsible for ensuring that the Owners shall not engage in or allow any activities or alterations in the Detention Area which would interfere with or harm its water quality or its function as open space, storm water detention and drainage. The Association shall provide Owners with such notices as may be necessary to inform them of these restrictions. Prohibited activities and alterations include, without limitation, dredging and filling; the discharge of pollutants; landscaping; recreation, including but not limited to ball games, fishing, ice skating, and picnicking; stockpiling of dirt; storage or disposal of landscape debris; planting or removal of vegetation other than as necessary to maintain vegetative cover; destroying or harming any goose or other such enclosures required to protect vegetation and hydrology; diversion of water to or from the Detention Area; feeding or wildlife, especially geese, construction or placement of any structures in the Detention Area or obstructions to drainage in or affecting the Detention Area; storage or parking of vehicles; destruction or modification of grades or slopes without prior approvals from federal and other jurisdictional authorities; use of pesticides, herbicides, or toxic substances or materials; storage of equipment or other materials; housing of pets or livestock; and the conduct of any offensive activities.

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