Regency Cabanas Townhouse Association Merger and Amendments to DCCR

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1 Owners, Regency Cabanas Townhouse Association Merger and Amendments to DCCR The Board has finalized the Merger and Amendments to the Declarations, Covenants, Condition and Restrictions (DCCR) for your approval. As you may remember the Board sent out a letter last fall detailing the process and reasons why this is needed. The following is a quick recap: 1. The first issue is the Association has two distinct sets of DCCRs for the property; the Regency Cabanas units built first, A, B, C, D, E and the First Addition units, F, G and H. These documents were never properly merged when the Association was legally merged in the early 80s. The DCCRs are very similar but have some differences. Managing the Association with one set of DCCRs is difficult; adding in a second, slightly different set makes it even more so. 2. The second issue is to update the merged DCCRs to clarify who is responsible for certain maintenance issues and to separate painting to be on a building by building basis instead of on an Association wide basis. Therefore, the Board is proposing that the Owners approve changes that merge the two sets of DCCRs, clarify and split painting on a building basis and clean up a few other minor issues to reflect Florida HOA statues. In order to accomplish this, our attorney recommends calling a meeting to vote on these revisions, which will coincide with the Annual Owners meeting. You do not have to attend in person but it is vital to the Association that you turn in your proxy or attend the meeting. To approve changes to the DCCR, 80% of the Owners must sign the proxy or attend the meeting. The current DDCR s require painting on an entire Association basis and the costs to be divided equally amongst all Owners. This creates 2 issues. 1) Different units require painting at different times and 2) regardless of timing all Owners will share the cost regardless of the need of their unit to be painted. To resolve the issues and make this a more equitable program, the DDCR s have been modified to reflect the following: 1. Each building will be painted as the need arises. 2. The cost to paint each unit will be borne by that building, i.e. cost to be divided equally amongst the Owners of each building instead of being shared by the entire Association. 3. All units are to be painted to a consistent standard, color as is currently defined and competitively bid. If we don t get the required 80% approval then essentially we are at point where it will be difficult to proceed with the painting of the units that need it, because of the following reasons: 1. The Association does not have sufficient funds in reserve to paint, nor have we been collecting assessments for painting. 2. As such we would have to vote and agree to a special assessment to be paid equally by all Owners. Current feedback is that such a vote would not pass. 3. The last option would be to raise our dues and save sufficient money to paint, which would take years. The process that our Association has gone through to get to this point is not insignificant. The Board has been wrestling with this issue for a very long time and we have put in many hours reviewing, proposing changes and coming to an overwhelming consensus that we believe balances the needs of our community. Attached are the forms for filling out the proxy and the new proposed DCCR. Normally we would send out a redline version of changes but since we are merging two sets of DCCRs and proposing amendments the Association s attorney has commented on the changes to address where they are different and why. Please fill out your proxy and vote yes or attend the meeting. If you have any questions about the proposed changes or process, please call me. My number is (850) The management company will be sending out regular s asking for your proxy and a copy of these documents are on the website Thank You, Josh Jenkins, RCTA President

2 REGENCY CABANAS TOWNHOUSE ASSOCIATION, INC. PROXY FROM: UNIT NUMBER: The undersigned appoints (write in the name of the person you want to vote for you if left blank then the Secretary of the Association shall be your Proxy), his/her designee as attorney and agent with the power of substitution for and in the name, place and stead of the undersigned, to vote as proxy at the Special Members Meeting to be held SATURDAY, ARPIL 23, 2016, at the SRIA Building on 1 Via Deluna Dr, Pensacola Beach, FL at 9:00 a.m., and adjournment thereof, according to the number of votes that the undersigned would be entitled to vote if then present in accordance with the specifications made as follows: SELECT ONE: [ ] General Powers (check if you want your proxyholder to vote on other issues which might come up at the meeting and for which a limited proxy is not required) I authorize and instruct my proxy to use his or her best judgment on all other matters which properly come before the meeting and for which a general power may be used. [ ] Limited Powers (FOR YOUR VOTE TO BE COUNTED ON THE FOLLOWING ISSUE, YOU MUST INDICATE YOUR PREFERENCE IN THE BLANK PROVIDED BELOW) I specifically authorize and instruct my proxy to cast my vote in reference to the following matter only as indicated below. Should the AMENDMENT AND MERGER OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR REGENCY CABANAS WITH THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FIRST ADDITION TO REGENCY CABANAS be adopted as set forth in Exhibit A? [ ] YES [ ] NO (A copy of this document has been sent to each owner of record and is found online at Signature, Owner(s) or Designated Voter Print Name: THIS PROXY IS REVOCABLE BY THE OWNER AND IS VALID ONLY FOR THE MEETING FOR WHICH IT IS GIVEN AND ANY LAWFUL ADJOURNMENT. IN NO EVENT IS THE PROXY VALID FOR MORE THAN NINETY (90) DAYS FROM THE DATE OF THE ORIGINAL MEETING FOR WHICH IT WAS GIVEN. RETURN THIS DOCUMENT TO: MAIL: MYHOMESPOT.COM, 4505 WOODBINE RD, PACE, FL FAX: SUPPORT@MYHOMESPOT.COM SUBSTITUTION OF PROXYHOLDER The undersigned, appointed as proxyholder above, designates to substitute for me in voting the proxy as set forth above. Date Signature of Proxy

3 Exhibit A AMENDMENT AND MERGER OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR REGENCY CABANAS WITH THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FIRST ADDITION TO REGENCY CABANAS Comparison with Regency Cabanas and First Addition Declarations 1. This comparison is between the Declaration for Regency Cabanas and First Addition to Regency Cabanas using comments in the margin. The underlying text is the proposed Declaration merging Regency Cabanas and First Addition to Regency Cabanas, including comments noting the comparison and noting where new language not included in either Declaration is added. Copies of the original Declarations and Amendments are available from the Association upon request. 2. RC means Regency Cabanas. 3. FA means First Addition. STATE OF FLORIDA COUNTY OF ESCAMBIA DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Regency Cabanas and First Addition to Regency Cabanas THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS for Regency Cabanas and First Addition to Regency Cabanas (the Declaration ) is made this day of, 2016 and originally made the 10 th day of August, 1983 and the 7th day of November, 1977, by SANTA ROSA VILLAS, a Florida general partnership composed of James M. Keltner and Charles F. Faddis, hereinafter referred to as Declarant. WITNESSETH: WHEREAS, Declarant is the owner of a 99-year leasehold interest of certain property on Pensacola Beach in Escambia County, Florida, a portion of which is more particularly described as: Regency Cabanas, a subdivision of a portion of the West 400 feet of Block 9, Santa Rosa Villas Subdivision, Escambia County, Florida, according to plat of said Regency Cabanas recorded in plat book 10 at page 33 of the public records of Escambia County, Florida; and First Addition to Regency Cabanas, a subdivision of a portion of the West 400 feet of Block 9, Santa Rosa Villas Subdivision, Escambia County, Florida, according to plat of said Regency Cabanas recorded in plat book 11 at page 78 of the public records of Escambia County, Florida. The foregoing 99-year lease hold is from Santa Rosa Island Authority to Santa Rosa Villas, Inc. by lease dated December 28, 1973, and recorded in Official Record Book 762 at page 324 of the public records of Escambia County, Florida, as amended by Modification of Lease between the same parties dated July 14, 1975, and recorded in Official Record Book 921 at Page 214 of the public records of Escambia County, Florida, and as

4 further amended by Second Modification of Lease dated the 21st day of September, 1977, and recorded in Official Records Book 1147 at Page 623 of the public records of Escambia County, Florida. NOW, THEREFORE, Declarant hereby declares that its leasehold interest in all of the properties described above shall be held, assigned, 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 aforesaid leasehold interest in the real property and be binding on all parties having any right, title or interest in the leasehold interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof. ARTICLE I DEFINITIONS Section 1. Association shall mean and refer to Regency Cabanas Townhouse Association, Inc., a Florida non-profit corporation, its successors and assigns. Section 2. Owner shall mean and refer to the record leasee or subleasee, whether one or more persons or entities, of the leasehold estate to any lot which is a 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 owned, leased or subleased by the Association for the common use and enjoyment of the Owners and all real property which the Association members have the right to use and enjoy by right of easement. The Common Area to be held by the Association as subleasee at the time the execution and delivery of the first sublease on the first lot included within the property is described as follows: All of the property shown on the recorded plats with the exception of the numbered lots, said property to include the roads, pool, tennis courts and other areas outside of the numbered lots on the recorded plat, with the exception of two small slivers of land lying 55/100 of a foot east of the east line of Lot 1 Block F and 55/100 of a foot west of the west line of Lot 2, Block F, (which allows for a slight foundation encroachment of a building constructed on said Lots 1 and 2, Block F ). Section 5. Lot shall mean and refer to any plot of land shown upon any recorded subdivision maps of the Properties with the exception of the Common Area. Section 6. Declarant shall mean and refer to Santa Rosa Villas, a Florida General Partnership composed of Charles F. Faddis and James M. Keltner, its successors and assigns if such successors and assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. Section 7. Whenever this declaration makes reference to title, transfer of title, or ownership of a lot within the properties, these references should be interpreted to relate to the leasehold estate, assignment of lease or sublease to the property. ARTICLE II PROPERTY RIGHTS

5 Section 1. Owners Easement of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall 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 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 right to use of the recreational facilities by an Owner for any period during which any assessment against the Owner s Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; (c) the right of the Association to grant permits, licenses, easements over the Common Areas for utilities, roads, and such other purposes reasonably necessary or useful for the proper maintenance or operation of the project; (d) 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 the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer is signed by two-thirds (2/3) of each the class of members has been recorded; article. (e) the right of individual Owners to the exclusive use of parking spaces as provided in this Section 2. Delegation of Use. Any Owner may delegate, in accordance with the By-Laws, the Owner s right of enjoyment to the Common Area and facilities to the members of the Owner s family, tenants or contract purchasers who reside on the property. Section 3. Parking Rights. Parking areas shall be provided on the subleased property. Where threebedroom units are constructed, there shall be two-car garage plus outside paved parking sufficient for at least two more cars. On all other units there shall be a one-car garage plus paved parking sufficient for at least one more car. Other parking for guests will be available in the subdivision but will not be permanently assigned to individual Owners. 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. ARTICLE IV COVENANT 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 lease, sublease or assignment thereof on said Lot, whether or not it shall be so expressed in such sublease or assignment thereof, 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 leasehold interest in the land that shall be a continuing lien upon the leasehold interest in the

6 property against with such assessment is made. Each such assessment, together with interest, costs and reasonable attorneys fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessment shall pass to successors in title as may be allowed by law. 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 for the improvement and maintenance of the Common Area and of the exterior of the buildings situated on the properties. (a) In addition to maintenance upon the Common Area, the Association shall provide as follows: painting of exterior surfaces of buildings, including decks, stairs, rails and doors; trees, shrubs, grass and walks. (b) All assessments for exterior painting of the buildings shall be assessed on a building by building basis and divided equally among the lot owners in the building; (for example, Building with A1 thru A6, having six units, will divide the cost to paint exterior surfaces by six and each Owner will be assessed 1/6 of the total cost). All unit owners in each specific building shall vote as a collective group for the purposes and in consideration of any special assessment (Article IV, Section 4) to be levied for the purposes of work performed under this section. (c) In the event that the need for maintenance or repair of a lot or the improvements on a lot is caused through the willful or negligent acts of its owner or through the willful or negligent acts of the family, guests or invitees of the owner of a lot needing such maintenance or repair, the cost of such exterior maintenance shall be added to and become part of the assessment to which such lot is subject and shall be a lien on the lot and the personal obligation of the Owner of the lot and may be enforced in the same manner as the enforcement of other assessments. Section 2A. Hold Harmless Agreement. The Association created herein shall honor and be bound by the covenants contained in the Hold Harmless Agreement to Escambia County recorded in Official Record Book 1159 at page 886 and 887 of the Public Records of said County. Any claims payable under such covenants shall be paid by the Association and assessments therefore are hereby expressly authorized and required. Assessments under this paragraph shall be an addition to any applicable maximum annual assessment otherwise provided for herein. Section 3. Maximum Annual Assessment. The maximum annual assessment may be increased for each year by an amount not more than ten percent (10%) above the maximum annual assessment for the previous year, and this increase may be accomplished by vote of the Board of Directors without a vote of the membership. (a) The maximum annual assessment may be increased above the percentage referred to above by a vote of two-thirds (2/3) of the members who are voting in person or by proxy at a meeting duly called for said purpose. maximum. (b) The Board of Directors may fix the annual assessment at an amount not in excess of the (c) Regardless of the provisions above, the Association shall be obligated to pay all ad valorem real property taxes unpaid upon any Common Area, and no limitation above shall ever prohibit the Association from increasing the annual assessments to an amount sufficient to pay such taxes.

7 Section 4. Special Assessments for Capital 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 capital 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 the Owners 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 of any meeting called for the purpose of taking any action authorized under Sections 3 or 4 shall be sent to all Owners not less than 30 days or more than 60 days in advance of the meeting. At the first such meeting called, the presence of Owners or of proxies entitled to cast thirty percent (30%) of all the votes of the Owners shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the 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 Annual Assessments and Due Dates. The Board of Directors shall fix the amount of the annual 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 specified 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. Section 8. Effect of Non-payment of Systems: 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 maximum allowable rate per annum. If the annual assessment is payable in installments, then whenever an installment is not received by the Association within forty-five (45) days after the due date thereof, the Association may declare the full annual assessment to be then immediately due and payable, and it shall bear interest from the due date at the maximum allowable rate per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, and/or foreclose the lien against the leasehold interest in the property. In addition, a late charge of ten percent (10%) of each payment due or $15.00, whichever is greater, shall be imposed on all payments received more than fifteen (15) days after the due date. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of the Owner s 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 the leasehold interest in any Lot shall not affect the assessment lien. However, the sale or transfer of the leasehold interest in any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer; provided, however, that for those mortgages entered into after the recording of this Declaration the lien is not extinguished and must be paid as may be provided by law, and as that law may be amended. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 10. Reserve Fund. The Association may establish and maintain an adequate reserve fund for the periodic maintenance, repair, and replacement of improvements to the Common Areas, which fund is to be maintained out of regular assessments for common expenses as required by law, as the law may be amended.

8 The Association may pool reserve funds as allowed by law, as that law may be amended. A fund may also be established to fund exterior maintenance that may be collected as part of an annual or special assessment. ARTICLE V ARCHITECTURAL CONTROL No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. ARTICLE VI 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, reservations, 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 thirty (30) years from November 19, 2015 when the Notice of Preservation was recorded in O.R. Book 7438 at Page 1664 in the public records of Escambia County, Florida. Preservation of the Declaration must be pursuant to Florida law, as that law may be amended. This Declaration may be amended by a vote of not less than seven-five percent (75%) of the total number of Lot Owners at a duly noticed meeting called for that purpose. Any amendment must be recorded and any requirements of Florida law, as it may be amended, must be met. ARTICLE VII PARTY WALLS Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the 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 willful acts or omissions shall apply thereto. Section 2. Sharing of Repair and Maintenance. The cost of reasonable care 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 destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of

9 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 willful acts or omissions. Section 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by the Owner s negligent or willful 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 leasehold interest in said 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 such arbitrator shall choose one additional arbitrator, and the decision shall be a majority of all the arbitrators. ARTICLE VIII USE RESTRICTIONS Section 1. Santa Rosa Island Authority Restrictions. The provisions of the Restrictive Covenants governing all of Santa Rosa Island under the jurisdiction of the Santa Rosa Island Authority and imposed by the Santa Rosa Island Authority by document recorded in Deed Book 294 page 303 of the public records of Escambia County, Florida, as may be amended or modified from time to time by the Santa Rosa Island Authority, are hereby recognized as governing the use of the property. Section 2. Lease restrictions contained in the master lease from the Santa Rosa Island Authority to Santa Rosa Villas, Inc. Recorded in Official Records Book 762 at page 324 of the public records of Escambia County, Florida, are certain restrictions and other requirements. The restrictions and other requirements contained therein shall be binding on the Declarant, the Owners and the subleasehold interest in the Properties. (a) All Lots shall be used for single-family residences and no structures shall be erected, altered, placed or permitted to remain other than one single-family row-type dwelling. (b) All residential structures shall be no more than two stories in height above the garage or parking area. The second floor living area shall be not less than 500 square feet, and the main floor living area (being the first floor above the garage or parking area) not less than 500 square feet. recorded plat. (c) Residential structures shall be constructed in accordance with setback lines, as shown on the (d) Such requirements and provisions may not operate retroactively. (e) All structures shall be designed with a pleasing and attractive appearance, front, sides, and rear. Exposed clotheslines and poles shall not be permitted. (f) Beach buggies, trucks, buses, campers, or other unsightly vehicles shall not be parked anywhere, temporarily or permanently, except inside of garages. Boats and motorhomes may be parked in an area designated by the Board. Personal pickup trucks, except those engaged in commercial activities, are not included in the definition of a truck.

10 (g) All personal garbage and trash receptacle shall be hidden from view. (h) Declarant hereby creates an easement over and across each parcel in the subdivision between the front lot line and the front building set back line and within five (5) feet of the common lot line of Lots 10 and 11, Block G, for use by the Association and its designees and by other owners of the properties for the purpose of ingress and egress to each and every other parcel in the subdivision and to the Common Area. (i) Declarant also reserves, for and on the behalf of itself and the Association, an easement over and across each parcel in the subdivision between the lot line and the face side or rear of the building for the purpose of installing and maintaining the buildings and grounds on the part of the Association, as required in these covenants. (j) Inasmuch as a master antenna television system or cablevision-type system will be available, there will be no outside private television or radio antennas or aerials allowed without the specific written approval of the Association which may be withdrawn by the Association when such service is available, as may be allowed by law. The Association may require all Owners to pay for cablevision or similar service and the charges therefore may be included in the annual assessments. (k) No noxious or offensive trade or activity shall be carried on or permitted upon any Lot, nor shall anything be done on any Lot which may become a nuisance or annoyance to Owners in the development. (l) No garbage, rubbish, trash or other miscellaneous unsightly objects shall be dumped or allowed to be dumped in any Lot. (m) If any Owner or occupant of any Lot in the development shall violate any of these covenants and restrictions while in force and effect, it shall be lawful for the association or any other owner, to prosecute any proceedings at law or in equity against any person violating or attempting to violate such covenants or restrictions and either to prevent them from doing so or to recover damages for such violations. The prevailing party in any enforcement action may be entitled to the prevailing party s costs, expenses, and attorneys fees in any action enforcing these covenants and restrictions. (n) In no event and under no circumstances shall a violation of any covenant or restriction herein contained work a forfeiture or reverter of title. IN WITNESS WHEREOF, the undersigned has executed this Declaration as approved by the vote of the members of the Regency Cabanas Owners Association, Inc. WITNESSES: Print Print Regency Cabanas Owners Association, Inc. By Joshua Jenkins Its President