This Document is Filed in Book 1129 Beginning at Page 772

Transcription

1 This Document is Filed in Book 1129 Beginning at Page 772 DECLARATION OF COVENENTS CONDITIONS AND RESTRICTIONS THIS DECLARATION, made on the 2 nd day of December, 1988 by FAIRWAYS LAND INC., (erroneously referred to as Fairways Land, Inc. in the Title Deed), A Maryland Corporation, (hereinafter referred to as the Declarant ), and CHARLES A. DUKES, JR. and GERALD A. COUSINO, Trustees for the benefit of JOHN HANSON SAVINGS BANK F.S.B., (hereinafter referred to as LENDER ). WITNESSETH: WHEREAS, Declarant is the owner of certain property in the city of Westminster, County of Carroll, State of Maryland, which is more particularly described as follows: all those lots, parcels, and tracts of land as shown on the designated plats entitled THE FAIRWAYS AT WAKEFIELD Lots 41 thru 55 & 74-82, Plat 1 of 4; Lots 35 thru 40, 56 thru 73 and 83 thru 85, plat 2 of 4; lots 86 thru 105, Plat 3 of 4; and Open Space Parcel A, Plat 4 of 4, as said Plats are recorded among the Plat Records of Carroll County in Plat Book 30, folios 192, 193, 194, and 195. The above plats being all of the land conveyed unto the Declarant by Deed of Rylea Homes, Inc. dated September 28, 1987 and recorded among the Land Records of Carroll County in Liber 1052, folio 62 etc; and WHEREAS, the herein described property is subject to a Deed of Trust and Security Agreement from FAIRWAYS LAND, INC., VERNON H. MILLER and DORIS H. MILLER, S. WILLIAM RUFF and THEA UHLIG RUFF to CHARLES A. DUKES, JR> and GERALD A. COUSINO, Trustees in the original principal amount of One Million Three Hundred Thousand ($1,300,000.00) Dollars and recorded among the Land Records of Carroll County on October 29, 1987 in Liber 1052, folio 71 which affects the above described property and the Trustees for the Lender are joining in this Declaration in order to consent to and agree to its operation and effect as if prepared and recorded prior to the Deed of Trust. NOW THEREFORE. Declarant hereby declares that all of the properties described above (hereinafter sometimes called the property ) shall be held, sold, and conveyed subject to the following easements, restrictions, covenants, and conditions which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure the benefit of each owner thereof.

2 ARTICLE I DEFINITIONS Section 1. Association shall mean and refer to the Fairways at Wakefield Homeowners Association, Inc., a Maryland Corporation, its successors and assigns. Section 2. Owner shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. Properties shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. Common Area shall mean all real property (including improvements thereto) owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of conveyance of the first lot described as follows: All that lot or parcel of land known and designated as OPEN SPACE, PARCEL A of that Plat entitled THE FAIRWAYS AT WAKEFIELD, Open Space, Parcel A, Plat 4 of 4, said Plat being recorded among the Plat Records of Carroll County in Plat Book 30, folio 195. Section 5. Lot shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area. Section 6. Declarant shall mean and refer to Fairways Land, Inc., its successors and assigns if such successors and assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of Development.

3 ARTICLE II PROPERTY RIGHTS Section 1. Owners Easements of Enjoyment. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to charge reasonable admission and other use fees for the use of any recreational facility situated upon the Common Area; (b) the right of the Association to suspend the voting rights and the right to use of the recreational facilities by an owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations; (c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by other members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by 2/3rds of each class of members has been recorded. Section 2. Delegation of Use. Any owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to members of his family, his tenants, or contract purchasers who reside on the property. ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 1. Every owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Section 2. The Association shall have two classes of membership: Class A. Class A members shall be all owners, with exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot.

4 Class B. The Class B member(s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be conveyed to Class A membership on the happening of either of the following events, whichever occurs earlier; (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or (b) on January 1, ARTICLE IV COVENENT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it should be so expressed in such deed, is deemed to covenant and agree to pay the Association: (1) annual assessments, or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney s fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney s fees shall also be the personal obligation of the person who was the Owner of the property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in the title unless expressly assumed by them Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area, open space, any signs identifying the property, and any recreational facilities that may hereafter be established. Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be Twenty Five Dollars ($25.00) per Lot. (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum assessment may be increased each year not more than 10% above the maximum assessment for the previous year without a vote of the membership. (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum assessment annual assessment may be increased above 10% by a vote of two thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose.

5 (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4. Special Assessments for Capitol Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capitol improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice for any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all votes in each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual; assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the first Lot to an Owner. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specific Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a lot is binding upon the Association as of the date of its issuance.

6 Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 6 percent per annum. The Association may bring an action at law against the Owner personally obligates to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessment thereafter becoming due or from the lien thereof. Section 10. Exempt Property. All properties dedicated to, and accepted by, a local public authority and all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Maryland shall be exempt from assessments created herein, except no land or improvements devoted to dwelling use shall be exempt from said assessments. ARTICLE V PARTY WALLS Section 1. General Rules of law to Apply. Each wall which is built as part of the original construction of any of the homes upon the Properties and placed on the dividing line between Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or will acts or omissions shall apply thereto. Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. Section 3. Destruction by Fire or Other Casualty. If a party wall is damaged or destroyed by fire or other casualty, any Owner who has use to the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or will acts or omissions.

7 Section 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent or will act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. Section 5. Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner s successors in title. Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and the decision shall be made by a majority of all the arbitrators. ARTICLE VI ARCHITECTURAL CONTROL Section 1. Architectural or Building Requirements. (a) Only one single-family residence, together with such accessory structures or facilities as are set forth in Paragraph (b) below, shall be erected on any Lot. Such residence shall not exceed three stories; provided, however, that Declarant in its discretion give written permission for the use of a Lot for a profession office if it deems such use not detrimental to the character of the development, and if such use is in accordance with applicable zoning and other governmental ordinances. (b) The following accessory facilities or structures may be erected on a lot provided they are located wholly within the main residence or a utility yard: storage structures or facilities for fuels, construction materials, garden equipment, tools or other materials; workshops, laundry facilities, clothes lines and drying areas; garbage and trash cans or bins, (except when placed on or near the street prior to collection) and incinerators; air-conditioning, electrical, plumbing and or hearing equipment of any kind; detached accessory buildings including garages and carports, hot houses, greenhouses, playhouses or summerhouses, outdoor fireplace, barbeque pit or cooking equipment; nursery beds; swimming pool or accessory equipment or structures and playground or gym equipment. A utility wall shall comprise that area of a lot located no further forward on a lot that the principal front wall of the dwelling situated on said lot, exclusive of that portion of the rear yard of the lot that is located within drainage or utility easements or within an area upon which the erection of structures or fences is prohibited, whether by virtue of this Declaration or of designations set forth on recorded final subdivision plats. Each utility yard shall be walled, fenced or sufficiently landscaped with the entrance thereto screened, using materials of such a height and such a

8 design that structures and objects located therein shall present, from the outside of such utility yard, a broken and obscured view. Utility yard wall or fence shall not exceed six feet in height without the approval of the Declarant. Any approved detached outbuilding may be erected and maintained within a utility yard, but any part of which extends above the top of the fence, wall or landscaping enclosing such utility yard shall be subject to the approval of the Declarant. (c) Without the written prior approval of the Declarant no building, outbuilding, hedge, fence, wall, door, gate, or screening facility may be erected within any drainage or utility easement area. (d) Visible radio aerials or antennas (other than standard television receiving antennas mounted on dwellings) and visible exterior electronic devices (other than standard exterior lighting or public utility equipment) shall not be located on any Lot without written approval by the Declarant; (e) Fences shall be made of natural materials, such as wood, stone, brick, and any other material that may be approved by the Declarant. No wire, chain, or plastic fences shall be permitted. Section 2. Common Area. The Common Area shall be retained in its natural state and no structure or improvement of any kind shall be erected, placed, or maintained thereon, except and provided as follows: (a) Pipes, mains, conduits, drains, poles, and other facilities for water, storm sewer, sanitary sewer, gas, electric, telephone and other public utilities may be installed therein and thereover when approved by the Declarant; (b) Structures or improvements (including swimming pools, tennis courts and playgrounds) maintained exclusively for community use, shelters, benches, chairs and other seating facilities, fences and walls, walkways and grading and planting may be erected, placed and maintained therein by the Association for use, comfort and enjoyment of members of the Association, or the establishment, retention and preservation of the natural growth or topography of the area, or for aesthetic reasons.

9 Section 3. Approval Procedures. Whenever the approval of Declarant is required in this Declaration, the procedure for such approval shall be as follows: (a) Declarant shall consider applications for approval of plans, etc., upon the basis of conformity with this Declaration and shall be guided by the extent to which such proposal will ensure conformity and harmony in exterior design and appearance, the quality of workmanship nature of materials, harmony of exterior design with existing structures, choice of colors, changes in topography, grade of elevations and/or drainage, factors of public health or safety, the effect of such proposed change or work upon the use, enjoyment or value of other neighboring properties, the suitability of the proposed improvements and alterations with its surroundings and the effect of the buildings or other planned structure or improvements on the outlook from the adjacent or neighboring properties. Declarant shall have the right to refuse to approve any such plans or specifications or grading and location plans which are not suitable or desirable, in its opinion, for aesthetic or other considerations. Written requests for approval accompanied by the foregoing described specifications, shall be submitted to the Declarant by registered or certified mail or in person in which case a written receipt shall be obtained. After construction, structures shall be maintained in strict conformity with the plans and specifications so approved. (b) In the event Declarant fails to approve or disapprove the aforesaid plans and specifications and the design and location of proposed construction within thirty (30) days after such plans and specifications have been submitted to the Declarant the approvals required by this Section will be conclusively presumed to have been granted and this Section will be deemed to have been fully satisfied. ARTICLE VII PROTECTIVE COVENANTS Section 1. Utility Lines. All telephone, electric and other utilities and connections between main utilities lines and the residence and/or other buildings located on a lot shall be located underground or otherwise concealed so as not be visible from the exterior of structures. Section 2. Picnic Area. No picnic areas and no outbuildings shall be erected or permitted to remain on any lot prior to the start of any construction or a permanent residence thereon. Section 3. Residence on Lots. No trailer, garage, or any outbuilding of any kind shall at any time be used as a residence either temporarily or permanently.

10 Section 4. Signs. No sign of any character shall be displayed or placed upon any lot except (a) professional signs for attorneys, physicians, dentists, architects or accountants not to exceed one (1) square foot, in size, (b) signs displaying street number and/or occupants names, not to exceed 18 inches in length or 6 inches in width, (c) For Rent or For Sale signs, which may refer only to the particular premises on which such signs are displayed and shall be approved by the Declarant as to their size, height and design and (d) within a period of twenty five years from date hereof, such commercial and display signs as Declarant, its successors and assigns, may deem advisable for developmental purposes. All signs are subject to the zoning ordinances and any other applicable governmental regulations. Declarant may enter upon any lot and summarily remove any signs which do not meet the provisions of this paragraph. Section 5. Pets. Not more than two dogs, or two cats, or four birds, or four rabbits may be kept on a lot provided they are not maintained or bred for commercial purposes. All such animals are to be kept restrained or leashed at all times except when under the direct control of their owner(s). Section 6. Nuisances and Noise. No noxious or offensive noises, activities or trade shall be carried on upon any lot, nor shall anything be done or placed thereon which may become an annoyance or nuisance to the neighborhood or to any adjoining property owners. No snowmobiles, gocarts, motorbikes, or other loud-engine recreational vehicles shall be run or operated on any lots. Section 7. Lot Appearance. No trash, garbage, rubbish, debris, waste material, or other refuse shall be deposited or allowed to accumulate or remain on any part of said land nor upon any land or lands contiguous thereto. No fires for burning of trash, leaves, clippings, or other debris shall be permitted on any part of said lands except in a properly designed incinerator. All lots and the strip of land between each lot and the paved surface of public streets shall be mowed regularly, kept free of tall grass, undergrowth, dead trees, dangerous dead tree limbs, weeds, trash and rubbish, and shall be maintained at all times in a neat and attractive condition. In the event any owner of any lot fails to comply with the requirement, Declarant shall have the right, but not the obligation, to enter upon and mow said rubbish and any unsightly or undesirable things and objects. The expense of such mowing, removal and maintenance shall be payable by the owner of such lot on demand to the Declarant. Section 8. Correction of Violations. Wherever there shall exist on any lot any structure, building, thing or condition which is in violation of these covenants and restrictions, the Declarant shall have the right, but not the obligation, to enter upon such lot and summarily to abate, correct or remove the same, all at the expense of the owner of such lot, said expense to which be payable by such owner on demand. Such entry, abatement, correction or removal shall not be deemed a trespass, nor shall the Declarant be liable for any damages on account thereof.

11 Section 9. Approval of Declarant. Wherever in these covenants, conditions and restrictions, the consent or approval of the Declarant is required, no action requiring such consent or approval shall be commenced until after a written request for such approval has been submitted to and approved by the Declarant. In the event no action is taken on such written within thirty (30) days after it has been submitted, then the required consent or approval sought in such written request shall be presumed, but solely to the extent that the action does not violate any of the covenants or restrictions herein contained. Section 10. Assignment of Rights. Declarant reserves the right, at any time, to transfer or delegate or assign to, such party or parties as it may select, any or all of the rights, powers, privileges, and reservations given or reserved under these covenants, conditions and restrictions or under the provisions of any recorded subdivision plat. If at anytime hereafter there shall be not readily ascertainable party or parties entitled to exercise such rights, powers, privileges and reservations or the party or parties entitled to exercise the same consistently fail or refuse to do so, then such rights, powers, privileges, and reservations, shall be vested in and be exercised by a committee to be elected by the owners of a majority of the lots shown on the appropriate subdivision of Wakefield on the Green plat(s). Section 11. Remedies. In the event of a violation of any of these covenants, conditions or restrictions, it shall be lawful for the Declarant or for any person owning any Lot shown on the aforementioned recorded plats (a) to bring an action at law for the recovery of damages against those responsible for violating or attempting to violate these covenants, conditions, or restrictions, or (b) to maintain a proceeding in equity for the purpose of preventing or enjoining such violations or attempted violations. The remedies contained in this paragraph shall be construed as cumulative of all other remedies now or hereafter provided by law. Failure of Declarant, its successors or assigns, to enforce any covenant or restriction or any obligation, right, power, privilege, authority or reservation herein contained, however long continued, shall in no event be deemed a waiver of the right to enforce same thereafter as to the same breach or violation. Lot owners adjudicated to be in violation of these restrictions shall be obliged to pay attorneys fees to the successful plaintiff(s) in any of the actions enumerated herein. All restrictions herein contained shall be deemed several and independent; and the invalidity of one or more of the restrictions or any part of a restriction shall not impair the validity of the remaining restrictions or any other part of a restriction.

12 Section 12. Pollution and Erosion. No lot or lots shall be used as to cause any pollution to the streams, lakes, or ponds in or near said lot, nor to any adjoining properties water supplies. The lots shall not be used or maintained as to cause any erosion or soil or sediment into the streams, lakes or ponds in or near said lots. During grading and construction of any improvements upon said lots, the owner or owners of same shall make adequate arraignments to see that there is no erosion of soil or sediment into streams, lakes or ponds in or near said lots. In the event that the owner or owners of said lot or lots herein do not maintain their lots, then Declarant, in its absolute discretion, shall have the right to enter upon said lot or lots to make the necessary improvements to cause said erosion to be stopped or prevented, whenever it shall deem the same to be necessary, and the owner or owners of any lot so benefited shall pay reasonable charges for such services as determined by Declarant and such charges shall be deemed an assessment under ARTICLE IV hereof, upon the lot or lots thus benefited until paid. ARTICLE VIII EASEMENTS Section 1. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the plats that comprise the property, for the benefit of The Mayor and Common Council of Westminster, and the Declarant, its successors and assigns. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow or retard the flow of water through drainage channels in the easements. The easement area of each lot, and all improvements in it, shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.

13 Section 2. Declarant, for itself, The Mayor and Common Council of Westminster, and Declarant s successors and assigns, shall have the right to lay, install, place an maintain on,, over or under the Common Area, or any portion thereof, pipes, mains, conduits, drains, lines and other facilities for water, storm sewer, sanitary sewer, gas, electric, telephone and other public utilities to provide adequate utility service to any lot or condominium unit now or hereafter laid out or established on the Property, or the area which same is located, together with the right and privilege of entering upon said Common Area for such purposes as making openings and excavations therein. It is understood that the exact location of such utilities and appurtenances cannot be determined at the present time, and that the Declarant and/or The Mayor and Common Council of Westminster shall have the absolute right, from time to time, to designate any particular location. Immediately upon designation of a particular location for the installation of utilities, Association shall grant and convey the designated easement and right-of-way therein and thereover to Declarant and/or The Mayor and Common Council of Westminster, or Declarant s successors and assigns, or to whomever they shall nominate, by a good and merchantable title, free and clear of all liens, claims and encumbrances. Such conveyance shall be made, in all events, within thirty (30) days after the Declarant, its assigns, or the Mayor and Common Council of Westminster, shall designate and furnish to Association an accurate description of the particular easement and right of way required or deemed advisable in the particular instance. Section 3. The Common Area Tracts, designated Parking Areas as shown on the plat(s) of the property (hereinafter referred to as Parking Areas ), may be used only for the parking of private, non-commercial motor vehicles, which may be parked therein only in a space or area provided for the parking of such motor vehicles. The Parking Areas may be graded and surfaced or paved with a hard or semi-hard dustless surface. Additionally, each of the Parking Area spaces may be improved as follows: a substantial bumper of masonry, steel or heavy timber may be placed near the lot lines to protect structures and property abutting the lot; a masonry wall, shrubbery or other plantings, or some other adequate barrier may be erected or maintained on all sides of the lot, except across driveways; and electric light wiring and standards may be installed to provide illumination. Section 4. Zoning and Governmental Regulations. The within Declarant of Covenants, Conditions and Restrictions is in addition to and is subject to, the zoning ordinances, regulations, and other general ordinances of the City of Westminster.

14 ARTICLE IX GENERAL PROVISIONS Section 1. Enforcement. The Association or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, restrictions, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall automatically be extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be recorded. END OF DOCUMENT. WHAT FOLLOWS FROM HERE ARE SIGNITURES OF DECLARANTS, WINTNESSES TO THOSE SIGNITURES, NOTARY SIGNITURES AND SEALS AND TAX STAMPS AS WELL AS PLAT MAPS 1-4 OF THE FAIRWAYS AT WAKEFIELD DEVELOPMENT. THIS DOCUMENT HAS BEEN RECORDED IN BOOK 1129 BEGINNING ON PAGE 772.