Rec Doc 2016-099081 CONF The Grove Declaration of Restrictions (CC&Rs)

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notice the Board has failed to take any corrective action and the alleged violation has not been cured and is continuing, any Owner may bring an action on the Owners behalf for appropriate legal and/or equitable relief. In such action, the Owner shall bear his or her own costs and attorneys' fees, provided that the prevailing party in such action shall be entitled to recovery of such costs and fees. Prior to the commencement of any action by the Association, the Declarant or Owner to enforce the Governing Documents, the Davis -Stirling Act or the Nonprofit Mutual Benefit Corporation Law (Corporations Code sections 7110-8910), the Association, the Declarant or the Owner shall comply with the applicable requirements of Article 3 (commencing with Civil Code section 5925) of Chapter 10 of the Davis -Stirling Act. 12.9 Term. The term of this Declaration shall be for a period of fifty (50) years from the date on which this Declaration is recorded in the records of the county in which the Development is located. Afterthat time, this Declaration and each of its restrictions and covenants and other provisions automatically shall be extended for successive ten (10) -year periods unless this Declaration is rescinded by the written consent of Owners holding a majority of the total voting power of the Association. The rescission shall be effective on recordation of a notice of rescission in the records of the county in which the Development is located. 12.10 Reserved Rights of Declarant. Declarant is recording this Declaration as part of the construction of a residential development. No covenant or restriction contained herein shall be applied in any manner that would unreasonably interfere with Declarant's rights to complete the construction of the Improvements and to sell the Improvements. The rights retained by Declarant during the construction and sales period include, but are not limited to, the right to: (i) maintain construction equipment, personnel and materials within the Development; (ii) use such portions within the Development as may be necessary or advisable to complete the construction or sales; (iii) maintain construction and/or sales offices within the Development and appropriate parking to accommodate the foregoing; (iv) maintain sale signs or other appropriate advertisements within the Development; (v) maintain model homes for viewing by prospective purchasers; and (vi) allow prospective purchasers access to the Development to inspect any Common Area or any model homes. 12.11 Assignment by Declarant. Declarant may assign all or any portion of its rights and delegate all or any portion of its duties to any other Person; and from and after the date of such assignment and/or delegation, the Declarant shall have no further rights and/or duties hereunder with respect to the rights assigned and duties delegated. Any successor or assignee of rights and duties of the Declarant shall execute an instrument assuming the rights and duties of the Declarant assigned and delegated hereunder and thereafter shall be entitled to exercise all the rights of Declarant so assigned and shall be obligated to perform all the Declarant's duties so delegated, provided such successor or assignee shall not be liable in any manner for any act or omission committed or omitted by the Declarant before the date the successor or assignee succeeded to the rights of the Declarant hereunder. 12.12 Attorneys' Fees. Except as provided in Article 11, in the event of any litigation or alternative dispute resolution procedure arbitration regarding the rights or duties under the Governing Documents of the Association or any Member, the prevailing party in such proceeding, in the discretion of the judge or decision - maker, shall be entitled to recover costs, including reasonable attorneys' fees. 12.13 Notices. Any notice permitted or required by this Declaration, the Articles, Bylaws or Rules shall be considered received on the date the notice is personally delivered to the recipient or forty-eight (48) EDNB\53295\996553.3 34 August 18, 2016