2002-06-10 Regular Meeting, Public Hearing, and Workshop Meeting

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e e Section 5. Notices. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to haye been properly giyen and received when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing. Any notice shall be deemed given and receiyed if mailed as proyided in the preceding sentence, notwithstanding the failure of the intended recipient thereof to accept, pick up or give receipt for same. Section 6. Administration. The administration of the Association shall be in accordance with its By-Laws and Articles of Incorporation. Section 7. Seyerability. Inyalidation of any of the coyenants, limitations or proyisions of this Declaration by judgement or court order shall in no way affect any of the remaining provisions thereto, and the same continue in full force and effect. Section 8. Enforcement. The Association shall be entitled to recoyer the costs of enforcing the proyisions of this Declaration and rules and regulations of the Association against any Owner, tenant and occupant, including, without limitation, reasonable attorney's fees and the costs of legal action taken by or on behalf of the Association, and reasonable attorneys' fees and costs oflegal action for appellate proceedings, actually incurred by the Association in connection therewith. Such costs shall be recoyerable by means of assessments against any defaulting Owner, which assessments shall be enforceable in any manner proyiding for in Article V of this Declaration. Section 9. Texas Law. In construing this Declaration, and with respect to any action hereunder, the laws of the State of Texas shall apply. Section 10. Preyailing Party. In any action between the Association and the Declarant concerning this Declaration, the preyailing party shall be entitled to recoyer reasonable attorneys' fees from the other party. Section 11. Transfer of the Declarant's Rights. At such time as the Declarant no longer owns or manages any portion of the Development, all of the Declarant's rights, powers and privileges under this Declaration automatically shall be transferred to and yested in the Association. Section 12. Liability of Association. Any liability of the Association which may arise under or in connection with this Declaration and/or the Deyelopment shall be a liability of the Association and not the personal liability of any officer, director, shareholder, employees or agent of the Association. Section 13. Effectiye Date. This Declaration shall be effectiye upon its recordation in the Official Public Records of Real Property of Harris County, Texas, 14