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Article 9 - Enforcement

As used in this Article 9, the term "Property" shall exclude Exempt Property, and shall be further limited to that portion of the remaining Property described in subparagraphs (1) and (2) of ¶1.15 and that portion of the additional Property described in subparagraphs (3) and (4) of ¶1.15 if, and only to the extent that, the instruments adding such additional Property expressly adopt the provisions of this Article 9 with respect to such additional Property.

¶9.01 Interpretation
¶9.02 Abatement and Suit
¶9.03 Failure to Enforce Not a Waiver of Rights

9.01 Interpretation: In case of uncertainty as to the meaning of any article, paragraph, sentence, clause, phrase or word in these Restrictions, the interpretation by the Board shall be final and conclusive upon all interested parties.

9.02 Abatement and Suit: Violation or breach of any of these Restrictions shall give to the Association and to Muirfield the joint and several rights to enter the Property involved and abate and remove the same at the expense of the Owner of the Property involved (which expense may be assessed and collected in the same manner the yearly assessment is assessed and collected under Article 2, and it shall become a part of the Annual Charge against and lien upon the Property as provided in Article 1 and in Article 2, above) or to proceed at law or in equity against such Owner or any person or persons who have violated or are attempting to violate them from doing so, and to cause said violation or attempted violation to be remedied, or to recover damages therefore. In any legal or equitable proceedings for the enforcement of the provisions of these Restrictions, the unsuccessful party or parties shall pay the attorneys’ fees of the prevailing party or parties, in such amount as may be affixed by the Court in such proceedings. All remedies provided herein or at law or in equity shall be cumulative and not exclusive.

9.03 Failure to Enforce Not a Waiver of Rights: With the exception of the time limit for action by the Committee contained in Article 7, above, failure of the Committee, the Association, or Muirfield, or any Owner, to enforce any of these Restrictions shall in no way be deemed a waiver of the right to do so thereafter or the right to enforce any other of these Restrictions.

Note: the Declaration has been retyped for readability purposes only. View a PDF of the entire Declaration (Warranty Deed) or the original signature page.
Declaration Table of Contents
Declaration Introduction
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17