6.1 Adoption of Rules and Regulations  The Board is empowered to adopt, amend and revoke on behalf of the Association detailed administrative rules and regulations necessary or convenient from time to time to insure compliance with the general guidelines of this Declaration to promote the comfortable use and enjoyment of the Property and to govern the operation and procedures of the Association. The rules and regulations may, without limitation, authorize voting by proxy or mail, or both, on Association matters. The rules and regulations of the Association shall be binding upon all Owners and occupants and all other persons claiming any interest in the Property.

 

6.2 Adoption of Architectural Requirements  The Board is empowered to adopt, amend and revoke on behalf of the Association detailed architectural control requirements and considerations for use by Owners, home builders, architects and the Board in interpreting and enforcing the restrictions contained in this Declaration. Copies of such requirements and considerations shall be made available to Owners, home builders, architects and other interested parties upon request. When adopted, such architectural control requirements and considerations shall be enforceable as part of this Declaration as though fully set forth herein. The Board shall have the power to create an Architectural Control Committee as a committee of the Association and shall be empowered to delegate to the Architectural Control Committee the authority granted to the Board in Article 3 of this Declaration and the authority granted to the Board in this Section 6.2.

 

6.3 Enforcement of Declaration, Etc.,  The Board shall have the power to enforce the provisions of this Declaration, and the rules and regulations of the Association for the benefit of the Association. Its successors or assigns shall also have the power to enforce the provisions of this Declaration. The failure of any Owner to comply with the provisions of this Declaration, or the rules and regulations of the Association will give rise to a cause of action in the Association (acting through the Board) for recovery of damages, injunctive relief, or both. If a legal action is brought to interpret or enforce compliance with the provisions of this Declaration, or the rules and regulations of the Association, the prevailing party shall be entitled to judgment against the other party for its reasonable expenses, court costs and attorneys' fees in the amount awarded by the Court.

 

6.4 Certificate of Unpaid Assessments  Any failure by the Board or the Association to make the budget and assessments hereunder before the expiration of any fiscal year for the ensuing fiscal year shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of the Owners from the obligation to pay assessments during that or any subsequent year, and the assessment amount and payment method established for the preceding fiscal year, if any, shall continue until a new assessment is established. Upon the request of any Owner or Mortgagee or prospective Owner or prospective Mortgagee of a Lot, the Board will furnish a statement of the amount, if any, of unpaid assessments charged to the Lot. The statement shall be conclusive upon the Board and the Association as to the amount of such indebtedness on the date of the statement in favor of all Owners and Mortgagees of the Lot who rely on the statement in good faith. All assessments and other receipts received by the Association shall belong to the Association.

 

6.5 Date of Commencement of Annual Assessments  The annual assessments provided for herein shall commence as to all Lots at such time as the Board in its absolute discretion deems advisable. The first annual assessment shall be adjusted according to the number of months remaining in the fiscal year.