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<br /> <br />4810-5342-0509, v. 2 <br /> 68 <br /> <br />16.5.7 Members' Approval of Certain Actions. To the extent permitted by <br />Applicable Laws, in the event any Claim brought by the Association against Declarant, is not resolved <br />pursuant to the Limited Warranty or the non-adversarial procedures set forth in Right to Repair Act, the <br />Association shall not initiate a further action or proceeding without first obtaining the consent of the Owners <br />other than Declarant constituting a majority of the Voting Power. Each Owner and the Association, by <br />acceptance of a deed to a Condominium or Association Property, as applicable, agrees that because <br />representative claims (i.e. claims related to the Association Property or claims by the Association on behalf <br />of the Owners) by the Association may create disclosure requirements and/or may impair the ability of <br />Owners to sell or finance their Condominiums, the Association must obtain the consent of a majority of <br />Owners before filing such representative claims. Each Owner and the Association acknowledge that <br />obtaining such consent is a reasonable requirement to ensure that each Owner is given the ability to <br />evaluate the impact such action or proceeding may have on the value, sale and/or financeability of the <br />Condominiums. <br />16.5.8 Conflict. In the event of any conflict between the provisions of this Section <br />16.5 (Disputes Involving Declarant) and the Master Dispute Resolution Declaration, the terms of the Master <br />Dispute Resolution Declaration shall control. <br />ARTICLE 17 <br />GENERAL PROVISIONS <br />17.1 Headings. The headings used in this Declaration are for convenience only and are not to <br />be used to interpret the meaning of any of the provisions of this Declaration. <br />17.2 Severability. The provisions of this Declaration shall be deemed independent and <br />severable, and the invalidity or partial invalidity or unenforceability of any provision or provisions of it shall <br />not invalidate any other provisions. In the event that any phrase, clause, sentence, paragraph, section, <br />article or other portion of this Declaration shall become illegal, null, void, against public policy or otherwise <br />unenforceable, for any reason, the remaining portions of this Declaration shall not be affected thereby and <br />shall remain in force and effect to the fullest extent permissible by law. <br />17.3 Cumulative Remedies. Each remedy provided for in this Declaration shall be cumulative <br />and not exclusive. Failure to exercise any remedy provided for in this Declaration shall not, under any <br />circumstances, be construed as a waiver. <br />17.4 No Unlawful Restrictions. No Owner shall execute or cause to be recorded any <br />instrument which imposes a restriction upon the sale, leasing or occupancy of its Condominium on the basis <br />of any federal or state protected class, including without limitation, race, sex, color or creed. <br />17.5 Liberal Construction. The provisions of this Declaration shall be liberally construed to <br />effectuate its purpose. Failure to enforce any provision hereof shall not constitute a waiver of the right to <br />enforce said provision thereafter. <br />17.6 Notice of Sale of Condominium. Concurrently with the consummation of the sale of any <br />Condominium under circumstances whereby the transferee becomes an Owner thereof, or within five (5) <br />business days thereafter, the transferee shall notify the Board in writing of such sale. Such notice shall set <br />forth the name of the transferee and its Mortgagee and transferor, the common address of the <br />Condominium purchased by the transferee, the transferee’s and the Mortgagee’s mailing address, and the <br />date of sale. Prior to the receipt of such notice, any and all communications required or permitted to be <br />given by the Association, the Board or the manager shall be deemed to be duly made and given to the <br />transferee if duly and timely made and given to said transferee’s transferor. Mailing addresses may be <br />changed at any time upon written notice to the Board. Notices shall be deemed received forty-eight (48) <br />hours after mailing if mailed to the transferee, or to its transferor if the Board has received no notice of <br />transfer as above provided, by certified mail return receipt requested, at the mailing address above <br />specified. Notices shall also be deemed received on the next business day after being sent by overnight <br />321