2019-05-22 CC Packet - Laserfiche WebLink

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17.6 Consent Deemed Granted. Consent of a secured party, including an Eligible Mortgagee, required hereunder is deemed to be granted if the secured party's written refusal to consent is not received by the Association within sixty (60) days after the secured party receives from the Association notice and a copy of the amendment, by certified U.S. Mail,postage prepaid, and return receipt requested. SECTION 18 MISCELLANEOUS 18.1 Severability. If any term, covenant, or provision of this Declaration or any exhibit attached hereto is held to be invalid or unenforceable for any reason whatsoever, such determination shall not be deemed to alter, affect or impair in any manner whatsoever any other portion of this Declaration or exhibits. 18.2 Construction. Where applicable the masculine gender of any word used herein shall mean the feminine or neutral gender, or vice versa, and the singular of any word used herein shall mean the plural, or vice versa. Any reference herein to MCIOA shall not be interpreted so as to subject the Association or the Declarant to any provision of MCIOA, unless otherwise specifically set forth herein. 18.3 Notices. Unless specifically provided otherwise in the Governing Documents, all notices required to be given by or to the Association, its officers or the Board by or to the Owners or Occupants shall be in writing and shall be effective upon hand delivery, or upon date of delivery if deposited with the United States Postal Service, properly addressed to the intended recipient and with proper postage prepaid, or upon receipt if delivered by email or other electronic means; except that registrations pursuant to Section 2.2 of the Bylaws shall be effective upon receipt by the Association. 18.4 Conflict Among Governing Documents. In the event of any conflict among the provisions of the Articles of Incorporation and any provision of this Declaration, the Bylaws or the Rules or Regulations, the Articles of Incorporation shall control. In the event of any conflict among the provisions of this Declaration and any provision of the Bylaws or the Rules and Regulations, this Declaration shall control, and as between the provisions of the Bylaws and the provisions of the Rules and Regulations, the Bylaws shall control. Notwithstanding the above, where two or more provisions of any of the Governing Documents to which the Property is subject, address the same matter, the more restrictive provision shall control. SECTION 19 RIGHTS OF THE CITY OF CENTERVILLE 19.1 Purpose. The City has executed various agreements with, secured certain covenants, and issued permits governing the Plat, Property and Association, and has a continuing interest in the performance of those agreements and covenants. 35 Version for Council 05/22/2019