04-18-2002 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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'.' . received if mailed as provided 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. Severability. Invalidation of any of the covenants, limitations or provisions of this Declaration by judgement or court order shall in no way affect any of the remaining provisions thereto, and the same co~tinue ~ full force and effect. Section 8. Enforcement. The Association shall ,be entitled to recover the costs of enforcing the provisions of this Oeclaration and rules and regulations of the Association against any Owner, t~nant and occupant, including, without limitatio.n, 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 fot appellaie proceedings, actually incurred by the Association in connection therewith. Such costs shall be recov:erable by means of assessments against any defaulting Owner, which assessments shall be enforceable in any manner providing for in Article V.ofthis 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. Prevailing Party. In any action between the Association and the Dechu:ant concerning this Declaration, the prevailing party shall be entitled to recover reasonable attorneys' ~ees 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 ihis Declaration automatically shall be transferred to and vested in the Association. Section 12. Liability of Association. Any liability of the Association which may arise under or ~n connection with this Declaration and/or the Development shall be a liability of the ' Association and not the personal liability of any officer~ director, shareholder, employees or agent of the Association. Section 1'3. Effective Date. This Declaration shall be effective upon its recordation in the Official Public Records of Real Property of Harris County, Texas. ' Section 14. Existing Improvements, Notwithstanding any provision of this Declaration to the contrary, all Impf(~vements existing on the Development at the time that this Declaration is filed of record and recorded in the Official Public Records of Real Property of Harris County, Texas shall be deemed to be in compliance with this Declaration. 14