Restrictive Covenants
  Painting  | Temporary Structure | Rec Equipment | Storage tank | Antennas 
   Fences | Grade | Ext. Lighting | Garage Sales | Nuisances | Lot Maintenance 
   Building Ext. | Boats & Trailers | Swamp Coolers | Signs | Animals 
   
   Other Covenants
   Terms | Land Use and Building Type  | ACC | Compliance | Enforcement    

COMES NOW The Brittany Place Master Association, Inc. (the "Association"), with the approval of Bank Western, a Federal Savings & Loan ("Declarant"), the successor in interest to Sebring Development Corporation, McStain Enterprises, Inc. and the individual owners of Lots and Condominium Units encumbered by the Declaration, who together comprise more than 51% of the members of each class of members of the Association, and for themselves, their successor and assigns, hereby adopt this Amendment to the Declaration:

WHEREAS, it was the intent at the time the Declaration was filed that individuals or entities developing properties within the Stratford Lakes Community, which is defined as property subject to the Declaration by annexation or otherwise, would be able to encumber said properties with restrictive covenants or common scheme restrictions and,

WHEREAS, reference in this Declaration is made to "subassociations" and "supplemental declarations" but whereas no mechanism was made for ever creating subassociations or recording supplemental declarations or otherwise recording restrictive covenants or common scheme restrictions and,

WHEREAS, it is desirable that common scheme restrictions be imposed upon the various communities developed within Stratford Lakes to create upon the property described herein a pleasant and attractive residential community, and to preserve, protect and enhance the desirability and value of said community by subjecting said property to the restrictive covenants set forth herein, and in addition to all other restrictive covenants and declarations to which said property is already subject, and

WHEREAS, the Declaration provides for its amendment in Section 6(a) of Article 10, and that as demonstrated by the Certificate of the Secretary of Stratford Lakes Master Association, Inc., which Certificate is attached hereto as Exhibit "A", the written approval of not less than 51% of the members of each class of members of the Association has been obtained, and

WHEREAS, the approval of the Veterans Administration or the Federal Housing Administration of the United States Department of Housing and Urban Development has been obtained as demonstrated by that Veterans Administration approval attached hereto as Exhibit "B".

NOW, THEREFORE, The Association, with Declarant and the other owners of properties within Stratford Lakes, for themselves and their grantees, successors and assigns, hereby declare that the Property described in Exhibit "C" attached hereto shall henceforth be held, improved, sold, conveyed, leased, encumbered, used and occupied subject to the covenants, restrictions and conditions hereinafter set forth, which shall run with said Property and be binding upon all persons who hereafter have any right, title or interest in or to said Property or any party thereof, and which shall inure to the benefit of each Owner as hereinafter defined.

FURTHERMORE, from the date this document is recorded in the office of the Clerk & Recorder of Adams County, Colorado, Declarant or its successors in interest shall be able to encumber any portion of the property described in Exhibit "D" hereto with restrictive covenants or common scheme restrictions without further amendment to these Declarations after said property has been annexed to the Association by obtaining the prior written approval of the Federal Housing Administration of the U.S. Department of Housing and Urban Development or the Veterans Administration of said restrictive covenants or common scheme restrictions and by filing said covenants or restrictions for record in the office of the Clerk and Recorder in and for Adams County, Colorado, and said restrictions or covenants shall be effective when duly recorded in the County of Adams, Colorado. Said restrictive covenants or common scheme restrictions shall not, by their terms, violate Section 1 of Article 9 of the Declaration, and to the extent any such covenant or restriction violates Section 1 of Article 9 it shall be void.

ARTICLE I.

Section 1.1 Certain Defined Terms. The following words when used in the Declaration shall have the meanings hereinafter specified for them:

a. "Committee" shall mean the Architectural Control Committee established pursuant to Section 3.1 hereof, as such Committee may from time to time exist.

b. "Declarant's Designees" shall mean as defined in Section 5.5 hereof.

c. "Improvement" shall mean every structure or other improvement to real property and all exterior appurtenances thereto of every type and kind, including but not limited to buildings, outbuildings, patios, tennis courts, swimming pools, garages, mailboxes, statues, fountains, aerials, antennas, satellite communication dishes, streets, roads, driveways, parking areas, sidewalks, fences, screening walls, retaining walls, stairs, decks, windbreaks, poles, signs, window or external air conditioning equipment, pumps, wells, tanks, solar collectors, and towers; provided, however, that the term "Improvement" shall not mean or refer to any lawns, bushes, shrubs, flowers or other live landscaping.

d. "Lot" shall mean any unit land which is part of the Property and which is designated as a numbered lot on any recorded and valid subdivision plat or replat, whether or not such unit of land is improved.

e. "Owner" shall mean each person who is the record owner in fee simple of any Lots, or who is the record owner of an undivided interest in fee simple in any Lot, whether as a joint tenant, tenants in common or otherwise, or who is the record owner of a life estate in any Lot. In the event any Lot or dwelling on a Lot is leased, each person who is a landlord under such lease shall be considered an Owner of said Lot. Notwithstanding the foregoing, however, the term Owner shall not mean or refer to the trustee under a deed of trust, or to a mortgagee, beneficiary of a deed of trust, or lien holder, unless and until such person has actually acquired legal and equitable title to a Lot, pursuant to foreclosure or otherwise. In the event a Lot has tow or more Owners, then such Owners shall be jointly or severally liable for the performance of all obligations imposed pursuant to this Declaration with respect to that Lot.

f. "Person" may mean an individual, corporation, partnership, joint venture, trust, estate, association, or any other entity.

g. "Project Termination Date" shall mean the earliest date, occurring after the date hereof, that Declarant is no longer the Owner of any Lot.

ARTICLE II.

Section 2.1 Land Use and Building Type. No Lot shall be used for anything other than residential purposes, except that Declarant or any of Declarant's Designees may construct single family residences upon Lots owned by itself or themselves, respectively, and may use Lots and residential dwellings owned by itself or themselves, respectively, for model show homes, storage facilities, filed construction offices and general business offices until such time as it and they shall no longer own any interest in the Property or in any portion thereof. No building, except as hereinabove permitted, shall be constructed or placed upon any Lot other than detached single family dwelling and a private garage for not more than three cars, and such other structures as may be approved by the Committee in accordance with this Declaration, or as may otherwise be permissible under this Declaration, subject to all applicable zoning laws and regulations.

Section 2.2 Noninterference With Easements. Easements for installation and maintenance of utilities are reserved as shown on the recorded plat for the Property or as described on other duly recorded instruments. Within these easements no improvement or landscaping shall be placed or permitted to remain which may damage or significantly interfere with the installation, maintenance or use of such utilities, or which may change the direction of or obstruct or retard the flow of any water through any drainage channels.

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ARTICLE III.

Section 3.2 At all times the Board of Directors of the Stratford Lakes Master Associating, Inc. shall have the right to remove from the Committee any or all of its members, with or without cause, and shall have the right to fill any and all vacancies on the Committee which occur and continue for any reason, by designating one or more new members of the Committee, sufficient in number to fill each vacancy which as occurred and is continuing.

Section 3.3 No person shall be designated to serve as a member of the Committee unless such person is, at the time of the designation, as Owner; provided, however, that if no Owner is then willing to serve as a member of the Committee, a person who is not an Owner may be designated to so serve.

Section 3.4 The Committee may from time to time, by resolution unanimously adopted by all three (3) of its members in writing, designate one of its members to take any action or perform any duties for and on behalf of the Committee, except the granting of variances pursuant to Section 4.26 hereof. In the absence of such designation, the vote of a majority of all three (3) of the members of the Committee, or the written consent of a majority of all three (3) of the members of the Committee, shall constitute the act of the Committee.

Section 3.5 None of the members of the Committee shall be entitled to any compensation for acting as a member of the Committee. However, no member of the Committee shall be liable to any Owner or Owners for any loss, harm, damage or injury is due to the deliberate misconduct or bad faith of such member. Neither the Committee nor any of its members shall be responsible for reviewing, nor shall its or their approval of any plans or specifications be deemed an approval or warranty or representation of, the structural safety, engineering soundness, or conformance with applicable building or other codes or laws, or any improvement. By acquiring any Lot or Lots, each Owner shall be deemed to have irrevocably waived any and all present or future claims or causes of action against the Committee or any of its members for any acts or omissions done or permitted in good faith and arising out of the service of such members of the Committee.

Section 3.6 Notwithstanding any term or provision of this Declaration to the contrary, in the event that any member of the Committee dies, resigns, or is removed from the Committee but is not replaced in accordance with this Declaration within ninety (90) days after such event occurs, then until such time as such member is so replaced any action which pursuant to this Declaration would ordinarily require the consent or approval of the Committee may be commenced and may thereafter be completed, even if subsequent to commencement such replacement occurs, without the consent or approval of the Committee, unless such action would require a variance under Section 4.26 hereof or unless such action would be contrary to applicable law. Moreover, notwithstanding any terms or provision of this Declaration to the contrary, in the event the Committee fails to designate a new address for itself, in accordance with the terms of this Declaration, or if the Committee has ceased to accept communications at the address most recently specified or designated for it in or in accordance with this Declaration, then until such a new address is so designated any such action which pursuant to this Declaration would ordinarily require the consent or approval of the Committee may be commenced and may thereafter be completed, even if subsequent to commencement such a new address is designated, without the consent or approval of the Committee, unless such action would require a variance under Section 4.26 hereof or unless such action would be contrary to applicable law.

Section 3.7 Committee Approval Required. No Improvement shall be constructed, placed or installed on any Lot not then owned by Declarant, nor shall the exterior of any Improvement located on any such Lot be altered in any manner, unless such action is expressly permitted by some other provision of this Declaration, or unless plans and specifications for such Improvement or alteration are approved by the Committee in accordance with Section 3.3 hereof. All plans and specifications submitted to the Committee for its approval shall be submitted in such form as the Committee may require, and shall set forth such information as to the nature, dimensions, appearance, materials and location of the proposed Improvements or alterations as the Committee may require. A copy of all plans and specifications finally approved by the Committee shall be given to and shall become the property of the Committee, and all Improvements and alterations for which such plans and specifications were submitted to the Committee shall be constructed substantially in accordance with such plans and specifications, and with such amendments thereto, if any, as are submitted to and approved by the Committee.

Section 3.8 Committee Approval and Standards. The Committee shall approve plans and specifications submitted for its approval only if, in the Committee's opinion, the Improvements or alterations contemplated thereby, in the locations indicated therein, will be in general harmony with the nature of the community established on the Property, and will have a reasonably attractive appearance which will be in aesthetic harmony with all surrounding structures and landscaping. The Committee may condition its approval of plans and specifications upon the making of such changes therein as it deems appropriate, provided that such changes are not contrary to applicable law, and the Committee may require the submission of additional plans and specifications, or other information, prior to approving or disapproving any material submitted. It is understood that the Committee shall review and approve and disapprove all plans and specifications submitted to it for any proposed Improvement or alteration solely on the basis of aesthetic considerations and the amount of overall benefit or detriment which would result to the surrounding community, to the Owners of the Lot on which such Improvement or installation would be performed, and to the Property generally. In making its evaluation of any proposed Improvement or alteration, the Committee may take into consideration, among other things, the aesthetic aspects of its architectural materials, and similar features, as well as its suitability for the community and for the Lot on which it is to be located and its effect on the outlook and views from adjacent or neighboring Lots.

Section 3.9 Except as otherwise hereinafter provided, the Committee shall not be deemed to have given its approval with respect to any matter submitted to it unless it shall have given such approval in writing. A stamped or printed notation of approval, initialed or executed by any one or more members of the Committee and affixed to any plans and specifications submitted to the Committee shall be deemed a sufficient written approval of such plans and specifications. However, the Committee shall not be required to maintain records of plans and specifications submitted to it, or to inspect any Improvement or verify that any Improvement or alteration was constructed or performed in accordance with approved plans and specifications.

Section 3.10 The initial address of the Committee shall be c/o Management Specialists, Inc., 8670 Wolff Court, Suite 150, Westminster, Colorado 80030. The Committee may be at any time, and from time to time, designate for itself a new address, provided that such designation shall become effective only when a written notice of such designation has been executed and acknowledged by at least one Committee member and duly recorded in the office of the Clerk and Recorder of Adams County. Any and all correspondence, notices, or plans and specifications which are to be given or submitted to the Committee shall not be considered to have been given or submitted to the Committee until they have been delivered to the most recent address specified in, or designated in accordance with, the terms of this paragraph.

Section 3.11 In the event any particular plans and specifications or other matters to by approved by the Committee are given or submitted to the Committee at its proper address in accordance with the terms of this Declaration, the Committee shall have thirty (30) days in which to approve or disapprove the same in writing. If the Committee fails to approve or disapprove the same in writing within said thirty (30) days period, then such particular plans and specifications or other matters shall be deemed to have been approved by the Committee in writing for purposes of this Declaration, provided that the Committee shall never be deemed to approve anything which would be contrary to applicable law.

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ARTICLE IV.

Section 4.1 Exterior Painting and Staining. No Improvement which is located on a Lot not then owned by Declarant shall have its exterior painted or repainted or stained or restained or in anyway refinished, in whole or in part, without the written approval of the Committee, except that such approval shall not be required for repainting or restaining an Improvement if all areas of said Improvement which are to be repainted are painted or stained before said repainting or restaining commenced. Any person requesting the Committee to permit any painting or staining shall supply the Committee, at the time said request is made, with a sample of all paint or stain colors proposed to be used during said painting or staining.
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Section 4.2 Temporary Structures. No garage, and no house trailer, camping trailer, tent, shack or other structure of a temporary character shall be used on any Lot at any time as a residence, either temporarily or permanently.
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Section 4.3 Clotheslines, Recreational Equipment and Storage Areas. No clothesline, dog runs, service yards, wood piles, or storage areas shall be located on any Lot so as to be visible from any public or private street. No equipment installed for children's recreational use, such as swingsets and slides, shall be installed or placed within the front yard of any Lot.
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Section 4.4 Storage Tanks. No elevated or exposed storage tanks of any kind shall be constructed, placed or permitted upon any Lot, except as may be necessary to facilitate the construction of a dwelling upon such lot.
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Section 4.5 Antennas. No exterior television or radio antenna, or satellite communication dish, or other reception or transmission facility, shall be constructed or installed upon any Lot or upon any improvement located upon any Lot.
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Section 4.6 Fences. No chain-link fence shall be installed or maintained upon any Lot.
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Section 4.7 Maintenance of Grade and Drainage. Each Owner shall maintain the grading upon his or her Lot at the slope and pitch fixed by the final grading thereof completed by or on behalf of Declarant or any of Declarant's Designees, and no Owner shall in any way interfere with or change the drainage pattern established for his Lot at the time of such final grading; provided, however, that such drainage pattern may be changed with Declarant's written consent, which may be given or withheld at Declarant's sole and absolute discretion.
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Section 4.8 Exterior Lighting. Any and all exterior lighting installed upon any Lot shall either be indirect, or shall be of such controlled focus and intensity that it will not unreasonably disturb any of the Owners of neighboring Lots.
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Section 4.9 No Garage or Yard Sales. No "garage sale" or "yard sale" or other sale of any collection of used personal property shall be conducted or permitted upon any particular Lot more often than once per calendar year.
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Section 4.11 Landscaping Maintenance. Eighty percent of the lot area, exclusive of the portion occupied by the houshall be covered with live vegetative cover. Landscaping shall abe completely installed on a lot within one year from the date the first owner other than declarant or it corporate successors in interest takes title to the lot. Gravel mulch and similar materials shall not be considered live vegetative cover but bark or organic mulch is to be considered live vegetative cover.. All ground cover and landscaping shall comply with all regulations and ordinances of the City of Westminster with respect to height, location and maintenance. Each and every Owner of a Lot shall use his or her best efforts to keep and maintain in an attractive, healthy, live and growing condition, any and all grass, shrubs, bushes, trees and other decorative landscaping which may be planted or growing upon said Lots; provided, however, that any Owner may remove any of the same from his or her Lot with the consent of the Committee, or if required to do so by law or governmental authority, or if requested to do so by any utility company for safety reasons or from some other bona fide reason. Any and all dead or diseased lawn areas, shrubs, bushes, trees and flowering plants shall be promptly removed and replaced with suitable and attractive replacement landscaping, except that they need not be replaced if they were removed pursuant to the preceding sentence. Each Owner of a Lot shall remove weeds promptly from said Lots and shall water and trim all grass, shrubs, bushes, trees and flowering plants located upon said Lots as often as the same shall become reasonably necessary, subject to any applicable laws governing the frequency or timing of permitted watering.
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Section 4.12 Exterior Maintenance. The structures and grounds of each lot shall be maintained in a neat and attractive manner. Upon the owner's failure so to do the Architectural Control Committee may, at its option and at the expense of the Stratford Lakes Master Association, Inc., after giving the owner thirty (30) days written notice sent to his last known address, have the grass, weeds, and vegetation cut when, and as often as, the same is necessary in its judgment, and have dead trees, shrubs and plants removed from any lot.
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Section 4.14 Assessment of Cost. The cost of such maintenance referred to in Section 4.12 and 4.13 of this Article shall be assessed against the Lot upon which such maintenance is done and shall be added to and become part of the monthly maintenance assessment or charge to which such Lot is subject under the Declaration of Covenants for the Stratford Lakes Master Association, Inc.
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Section 4.15 Access at Reasonable Hours. For the purpose solely of performing the maintenance referred to in Sections 4.12 and 4.13 of this Article, the Stratford Lakes Master Association, Inc., through its duly authorized agents or employees, shall have the right, after reasonable notice to the owner, to enter upon any lot at reasonable hours on any business day.

Section 4.16 Lot Maintenance. Each Lot and all Improvements thereon shall be maintained at all times in reasonably good condition and repair by the Owner thereof. Said Owner shall cause the exterior of all Improvements on his or her Lot to be refinished, resurfaced, repainted, restained or repaired periodically whenever reasonably necessary to preserve an attractive appearance, as the effects of damage, deterioration or weather become apparent.
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Section 4.17 Trash Disposal. No Lot shall be used or maintained as a dumping ground for garbage, trash or other waste. No garbage, trash or other waste shall be placed or permitted to accumulate anywhere outdoors on any Lot other than in securely tied garbage bags or covered sanitary containers which shall be maintained in reasonably good and clean condition. Such bags and containers shall be screened from view from other Lots except when placed at the curb or other proper location for periodic collection. No garbage, trash or other waste shall ever be burned upon any Lot.
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Section 4.18 Sight Distance at Intersection. Notwithstanding any term or provision of this Declaration to the contrary, no fence, wall, hedge, bush, shrub or tree foliage which obstructs sight lines at elevations between two (2) and ten (10) feet above adjacent streets shall ever be placed or permitted to remain on any corner Lot within the triangular area which is formed by the street curb and gutter lines adjacent to said Lot and a straight line which intersects each of said curb and gutter lines at points which are twenty (20) feet from the intersection of said curb and gutter lines or, in any case where the property corner is rounded, then from the intersection of the extension of said curb and gutter lines.

Section 4.19 Automobiles, Boats and Trailers. Trucks (other than pickup trucks), trailers, mobile homes, truck campers (except for any camper shells installed on a pickup truck, provided that such shell is not taller than the cab of the truck and does not overhang the cab), boats, recreational vehicles and commercial vehicles owned or driven by any Owner or by any member of an Owner's family shall not be parked upon any street, drive, road or circle which is visible from the front yard of any Lot, and shall not be parked upon the front yard or driveway of any Lot; such vehicles may, however, be kept in a garage, if possible, or may be parked in the back yard of any Lot, unless prohibited by law, so long as safe and adequate ingress and egress is available. Under no circumstances shall any automobile or other vehicle be parked upon the front yard of any Lot, except upon the driveway. Moreover, under no circumstances shall any automobile or other vehicle ever be maintained, repaired, serviced, rebuilt, or dismantled on any Lot except within the garage or within any areas of the back yard of said Lot which are adequately screened from the view of neighbors; however, such work shall to be permitted unless it is and can be done in a safe manner, with due regard to all of the possible hazards of such work, including but not limited to the possibility of carbon monoxide poisoning. No vehicle shall be painted in any garage, and no vehicle shall be repaired, maintained, services or otherwise worked upon in any garage while its motor is running. This Section shall not be interpreted to prevent a vehicle from being washed or pushed in the driveway of any Lot.
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Section 4.20 Roof Top Appliances. No air condition unit, evaporative cooler or similar appliance shall be mounted, installed or permitted upon the roof or exterior walls of any dwelling located upon a Lot.
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Section 4.21 Abandoned Vehicles. Any vehicle of any type or description which is left parked on a street or in a driveway or yard so as to be visible from the front yard of any Lot and which has not been moved for 14 days shall be deemed abandoned and may be removed from the premises at the owner's expense.

Section 4.22 Signs. No sign whatsoever shall be permitted to be displayed upon any Lot, with the exception of the following: (i) any sign required by law or in connection with any legal proceedings; (ii) any sign, marker or monument placed upon a Lot by Declarant or any of Declarant's Designees, or placed upon any Lot with the permission or at the direction of any homeowners association, recreational association, master association or other similar association; (iii) any street address identification sign placed upon any dwelling by the builder thereof of placed upon any dwelling with the permission of the Committee; (iv) one (1) neatly painted "For Sale" or "Open House" sign not larger than six (6) square feet; (v) any street sign or traffic sign rightfully erected on any Lot by Declarant or any of Declarant's Designees, or by any governmental authority. No "For Rent" or "For Lease" signs shall ever be placed or permitted on any Lot. Notwithstanding the foregoing, however, all signs, advertising and billboards used by Declarant or by any of Declarant's Designees in connection with its or their sale of Lots or residences, or otherwise in connection with its or their development of the Property, shall be permissible upon any Lots which it or they own, respectively.
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Section 4.23 Animals. No animals, livestock or poultry or any kind shall be raised, bred, kept or boarded by any Owner on his or her Lot; provided, however, that tropical fish may be kept and that no more than three (3) dogs, cats and/or other generally recognized household pets may kept upon a Lot so long as they are not kept for any commercial purpose. No Owner shall permit any of his or her household pets to roam at large upon the Lots of other Owners, or to roam the streets or sidewalks adjacent to such Lots unless attended by their owner and restrained by a leash. Moreover, unless so attended and leashed at the time, no Owner shall permit any of his or her household pets to roam out of doors upon his or her Lot except in the back yard area of such Lot after it has been adequately fenced.
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Section 4.24 No Mining or Drilling. No Owner shall use his or her Lot, or deliberately permit his or her Lot to be used, for the purpose of mining, quarrying, drilling, boring or exploring for, or removing or extracting, water, oil, gas or other hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate or earth.

Section 4.25 Construction Activities. Notwithstanding any term or provision of this Declaration to the contrary, none of the provisions of Article IV shall be permitted to unreasonably interfere with or prevent normal construction activities during the construction of any improvement by any Owner, provided that when completed such Improvement shall conform to this Declaration. Specifically, no such construction activity shall be deemed to constitute a nuisance or a violation of this Declaration by reason of noise, dust, presence of vehicles or construction materials or machinery, posting of signs, or similar activities, provided that such construction conforms to usual construction practices in the Denver metropolitan area.

Section 4.26 Variances. The Committee may from time to time, but shall not be required to, authorize temporary or permanent variances from compliance with any of the provisions of Article IV of this Declaration, whenever, in the opinion of a majority of its three (3) members, circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations, may warrant the granting of such a variance. If such a variance is granted by the Committee, no violation of the covenants, conditions or restrictions contained in this Article IV shall be deemed to have occurred with respect to the matters for which the variance was granted. However, the granting of such a variance shall not operate to waive any of the terms or provision of this Article IV for any purpose except as to the particular Lot and the particular provisions or provisions covered by the variance.
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ARTICLE V.

Section 5.1 Enforcement and Compliance. Enforcement of this Declaration shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any of the provisions hereof, either to restrain violation or to recover damages for violation or to require the correction of any violation whenever it is reasonable to do so. The failure by any persons to enforce any provision of this Declaration shall in no event be deemed a waiver of the right to do so thereafter. Notwithstanding anything to the contrary contained in this Declaration, neither Declarant, nor any of its shareholders, partners, agents or employees, nor the Committee, nor any of the Committee's members, shall ever have any duty to enforce or seek enforcement of any of the provisions of this Declaration, nor shall Declarant, nor any of its shareholders, partners, agents or employees, nor the Committee, nor any of the Committee's members, ever be held liable for any failure or enforce or seek enforcement of any of the provision of this Declaration. Notwithstanding any term or provision of this Declaration to the contrary, neither Declarant, nor any of its shareholders, partners, agents or employees, nor the Committee, nor any of the Committee's members, promises, warrants or represents that the terms and provisions of this Declaration will be complied with or enforced with respect to any Lot or Lots which are not, at the time for compliance or enforcement, still owned by Declarant; under no circumstances shall Declarant, or any of its shareholders, partners, agents or employee, nor the Committee, nor any of the Committee's members, be liable for, or be held accountable for, any violation of this Declaration which is committed with respect to any Lot which Declarant doe snot own at the time the violation occurs.

Section 5.2 Attorneys Fees. In any action, at law or at equity, brought to enforce the terms of this agreement, the offending person shall be require to reimburse the person or organization bringing said action for all costs of suit, including, but not limited to, a reasonable amount for attorney's fees, and the court shall enter judgment against any person who is not in compliance and in favor of the person or organization bringing said action for all such costs and attorney's fees, and for any other damages suffered by the person or organization bringing said action. Each Owner, by acceptance of his deed or instrument or transfer of his Lot shall be personally obligated to pay any such judgment which may be entered against him and is deemed to personally covenant and agree, jointly and severally with all other Owners and with Stratford Lakes Master Association, Inc., and hereby does so covenant and agree to pay all costs incurred by any person or organization bringing said action enforcing compliance with the terms of the Declaration, including, but not limited to a reasonable sum for attorney's fees should they fail to comply with the terms of this Declaration.

Section 5.3 Severability. The invalidation of any provision or provisions of this Declaration by judgment or court order shall in no way affect any other provisions of this Declaration, and such other provisions shall remain in full force and effect.

Section 5.4 Amendment or Termination. At any time prior to the Project Termination Date or June 1, 1990, whichever of such dates later occurs, declarant shall be entitled to terminate this Declaration, or to amend this declaration in whole or in part, without the consent or agreement of ant other Owner or of any other person having any right, title or interest in or to any Lot or Lots. At all times after the last date upon which Declarant may terminate or amend this Declaration without the consent of other Owners, this Declaration may be terminated or may be amended , in whole or in part,by the agreement of the Owner or Owners of two-thirds (2/3) of the Lots in the Property. This declaration, including any and all amendments hereof, shall automatically expire and cease to be of any further force or effect on June 1, 2006, unless further extended as hereinafter provided. this Declaration shall automatically be extended for an additional period of ten (10) years each time that it has to expire , unless the Owner or Owners of a majority of the Lots in the Property elect and agree, prior to the time this Declaration is to be extended, to cancel such extension and permit this Declaration to expire. Notwithstanding anything in this section to the contrary, any termination, amendment, or cancellation made pursuant to this section shall not become effective unless and until a written instrument which refers to and clearly describes the Property, and which amendment, as the case may be: i) has been executed and acknowledged by or on behalf of the person or persons performing such termination, cancellation or amendment pursuant to this Section, and ii) has been duly recorded in the real estate records in the office of the Clerk and Recorder of the County.

Section 5.5 Assignment of Declarant's Rights. Any and all of the rights and powers of Declarant herein contained may be assigned by the Declarant, in whole or in part, to any person or persons to whom Declarant wishes to assign same, but such an assignment may only be effected by a written instrument which has been executed and acknowledged by or on behalf of Declarant and which expressly states that Declarant wishes to assign its rights and powers hereunder, in whole or in part as the case may be, and which expressly indicates which rights and powers are being assigned. Any and all persons to whom such an assignment is made, and only such persons, shall be referred to in this Declaration as "Declarant's Designees."

Section 5.6 Successors and Assigns. The terms and provision of this Declaration shall bind and inure to the benefit of the Owners and their respective heirs, successors, personal representatives and assigns, and this declaration shall run with the Property, and with every party thereof, until such time as this Declaration has expired or been terminated or cancelled pursuant to Section 5.4 hereof.

Section 5.7 Interpretation. Unless the context requires a contrary interpretation, the singular shall include the plural, the plural shall include the singular, the masculine, feminine or neuter shall include each of the other genders. Moreover, all captions and titles used in this Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise affect that which is set forth in any of the paragraphs, Sections or Articles hereof.