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DSCC-57520\2494968.2 29 September 17, 2021
<br />12.3 Cumulative Remedies. Each remedy provided for in this Declaration shall be cumulative
<br />and nonexclusive. Failure to exercise any remedy provided for in this Declaration shall not, under any
<br />circumstances, be construed as a waiver of the remedy.
<br />12.4 Discrimination. No Owner shall execute or cause to be recorded any instrument that
<br />imposes a restriction on the sale, leasing or occupancy of the Owner’s Condominium on the basis of race,
<br />color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national
<br />origin, ancestry, familial status, source of income as defined in Government Code section 12955(p),
<br />disability, veteran or military status, or genetic information.
<br />12.5 Notification of Sale. No later than five (5) days after the closing of the sale of any
<br />Condominium, the new Owner shall notify the Association of such sale. Such notification shall be in writing
<br />and shall set forth the name and address of the new Owner and the date of sale. As of the date of sale,
<br />the successor Owner shall be liable and responsible as the Owner for any acts or omissions occurring on
<br />or after the date of sale, and the transferring Owner shall remain liable for all acts and omissions occurring
<br />before the date of sale.
<br />12.6 Reservation or Grant of Easements. Any easements referred to in this Declaration shall
<br />be deemed reserved or granted, or both reserved and granted, by reference to this Declaration in any deed
<br />to any Condominium.
<br />12.7 Incorporation of Exhibits. All exhibits referred to herein and attached to this Declaration
<br />are incorporated herein by reference as fully set forth herein.
<br />12.8 Enforcement Rights and Remedies. The covenants, restrictions, rights and duties
<br />contained in this Declaration constitute covenants running with the land and equitable servitudes that
<br />benefit and bind each Condominium in the Development, each Owner, and each successive Owner thereto,
<br />and may be enforced by the Association, the Declarant or any Owner in any legal or equitable action
<br />pursuant to the procedures described herein. Declarant may enforce any covenants, restrictions, and rights
<br />set forth in this Declaration that expressly benefit Declarant without regard to whether Declarant owns any
<br />Condominiums in the Development.
<br />Each Owner acknowledges and agrees that if any Person breaches any of the restrictions
<br />contained herein, money damages may not be adequate compensation. As a result, each Owner agrees
<br />that in the event of a breach, the non-breaching party, in addition to any other remedy available at law or
<br />equity, shall be entitled to equitable relief, including, but not limited to, an order compelling the breaching
<br />party to perform an act which the party is required to perform under this Declaration or which is necessary
<br />to bring the breaching party or the breaching party’s Condominium into compliance with restrictions
<br />contained herein or prohibiting the breaching party from performing any act that violates the restrictions.
<br />Notwithstanding anything herein to the contrary, the Association shall have the exclusive right to
<br />levy assessments and to take appropriate action to enforce delinquent assessments, including imposition
<br />of an assessment lien and the foreclosure of the lien. Furthermore, the Association shall have the primary
<br />responsibility for enforcing the restrictions contained in Article 3. If any Owner or Occupant desires the
<br />Association to take any enforcement action, the Owner or Occupant shall notify the Association in writing
<br />of the alleged violation. On receipt, the Association shall review the matter and shall determine what action,
<br />if any, to take. Neither the Association or any director, officer or agent thereof shall be liable if the
<br />Association, in the exercise of its judgment, elects not to take any action. To the extent applicable, the
<br />Association shall comply with the due process requirements described in this Declaration. If within ninety
<br />(90) days after receipt of the notice the Association has failed to take any corrective action and the alleged
<br />violation has not been cured and is continuing, any Owner may bring an action on the Owner’s behalf for
<br />appropriate legal and/or equitable relief. In such action, the Owner shall bear his or her own costs and
<br />attorneys’ fees, provided that the prevailing party in such action shall be entitled to recovery of such costs
<br />and fees.
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