DECLARATION OF HOME OWNERS ASSOCIATION
OF
WILDFIRE ESTATES
STATE of Oklahoma
OF CLEVELAND COUNTY
This declaration is made this 16 day of November, 1984, by the undersigned
signataries with reference to the following facts:
1.Declarant is the sole owner
of certain real property located in
Beginning at the Southwest Corner of the W/2 of Section 26,
Township 9 North, Range 1 East of the I.M., Cleveland County, Oklahoma,
according to the U.S. Government Survey thereof, thence N 0”13’29” West a
distance of 5213.38 feet; thence S 89”50’37” East along the South R/W line
of said State Highway No. 9 R/W a distance of 687.00 feet; thence 50”09’23”
West a distance or 25.00 feet; thence S 89”50’37” East a distance of 200.00
feet; thence N 0”09’23” East a distance of 25.0 feet; thence S 89”50”37”
East a distance 1753.53 feet; thence S 0”24’05” East a distance of 5206.08
feet; thence West a distance of 2629.25 feet to the point of beginning, LESS
AND EXCEPT a part thereof more particularly described as follows:
COMMENCING at the SE/corner of the W/2 of said Section; thence North
0”20”05” West a distance of 1513.42 feet to the true point of beginning,
thence West a distance of 186.08 feet; thence North 0”31’29” West a distance
of 50 feet; thence East a distance of 186.18 feet; thence South 0”24’05”
East a distance of 50 feet, to the point of beginning, also LESS AND EXCEPT
all oil, gas and other minerals, plotted as Wildfire Estates, an addition to
Cleveland County, Oklahoma.
which
tract of land will be sold and conveyed to various persons subject to the
protective restrictions, conditions, covenants, reservations, liens and
charges set forth in this Declaration or filed concurrent therewith and for
this purpose, desires to submit the land and improvements to the provisions
of the Oklahoma Real Estate Development Act, 60 O.S.A. *851, et seq.
The development is known as Wildfire Estates, according to the plat
thereof.
2. Declarant has deemed it desirable, for the efficient preservation of the values and amenities of said community, to have formed under the laws of the State of Oklahoma, an association called Wildfire Estates Home Owners Association, to which should be delegated and assigned the powers of administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created: a true copy of the By-laws of said Association is attached hereto and made a part hereof.
NOW, THEREFORE, Declarant hereby declares that all the units
are held and shall be held, conveyed, encumbered, leased, rented, used,
occupied and improved subject to the following limitations, covenants,
conditions, restrictions, reservations, liens and charges, all of which are
hereby declared and established and agreed charges, all of which are hereby
declared and established and agreed to be in furtherance of a general plan
for the sale of units covered hereby, all of which are declared and
established for the purpose of enhancing and protecting the value,
desirability, and attractiveness of the land and improvements.
All of said limitations, covenants, conditions, reservations, liens,
charges and restrictions are hereby established and imposed upon the land
and improvements for the benefit thereof and for the benefit of each and
every individual owner of one or more of said lots, and the owners of any
interest of any kind or character in the land and improvements, or any
portion thereof.
I. DEFINITIONS
Unless
the context shall expressly provide otherwise:
A.
Owner means a person or persons, firm, corporation, partnership,
trust association or other legal entity, or any combination thereof, who
owns one or more lots in Wildfire Estates.
B.
Unit means each lot in said subdivision.
C.
Common Area means the private road and common wells in Wildfire
Estates.
D.
Common Expenses means and includes costs incurred in the maintenance,
repairing, improving and operating of said private road and common wells.
E.
Association means the above named Home Owners Association, its successors
and assigns, the By-laws of which shall govern the administration thereof,
and the members of which shall be all of the owners of the units in Wildfire
Estates.
II. DEDICATION AND
RESTRICTIONS AND RESERVATIONS.
A.
Declarant certifies that it is the sole owner of all the property described
herein and further certifies that said land has been surveyed into tracts,
lots and streets and a plat made thereof, showing accurate dimensions of
lots and width of streets.
Declarant reserves for installation and maintenance of utilities certain
strips of land as shown on the plat, and further designates said entire
tract of land as Wildfire Estates.
B. For
the purpose of providing and orderly development of al lots and building
sites included in the above described plat, and for the further purpose of
providing adequate restrictive covenants for the benefit of the Association
and its successors in title, the following restrictions are imposed on the
above described real property and each owner shall take, hold and convey
same, subject to said restrictions and reservations.
1.
All
lots, except lots fronting on Highway No. 9, shall be known and designated
as residential building plots.
No house shall be erected, altered, placed or permitted to remain on other
than a permanent foundation or concrete slab unless approved by the Building
Committee. Lots fronting Highway
No. 9 shall be for commercial use.
No move-in houses are allowed. All houses must be of greater than
1,000 square feet, exclusive of garage.
2.
No residential building lot
shall be re-subdivided unless approved by the Building Committee.
3.
No business, trade or
commercial activity shall be carried on upon any residential lot.
No noxious or offensive activity shall be carried on upon any lot,
not shall anything be done thereon which may be or may become an annoyance
or nuisance to the neighborhood.
4.
No structure of temporary
character, tent, shack, barn or other outbuilding shall be used on any tract
at any time as a residence, either temporary or permanent, and no structure
previously used shall be moved onto any tract.
Mobile homes will be
permitted, provided the mobile home be at least eight hundred (800) square
feet in size, skirted with matching professional materials and tied down and
anchored according to the law.
No metal roofs or metal siding will be permitted unless approved by the
Building Committee. All mobile
homes must be 1977 or later models.
Manufactured homes anchored to permanent foundations in
compliance with manufacturer’s recommendations shall be permitted:
provided, however, the manufactured home be at least One Thousand
(1,000) square feet in living space.
Exterior finish to be real or simulated wood siding, stucco, brick,
or a combination. The material
may be processed hardboard such as masonite or other suitable material.
Skirting shall be compatible with the exterior finish of the unit or may
consist of brick, stucco, or masonry materials.
Manufactured units must meet HUD regulations and be built in
accordance with applicable state and local building codes or industrial
housing building code. The units
must meet federal and mobile home construction and safety standards.
Foundations must be designed and approved by a registered
professional engineer, and be designed for the soil characteristics and wind
loads prevalent to the individual site.
Foundations shall be poured concrete or cement block masonry.
Any other foundation will require Federal National Mortgage
Association approval. The unit
must meet Federal Manufactured Home Construction and Safety Standards.
All foundations must have footings that are located below the frost
line.
All lot owners shall first submit plans and specifications
for approval by a Building Committee consisting of
__________________________________.
Building plans must have (1) signature. At the time that the
developer has sold seventy-five percent (75%) of the lots, the Home Owners
Association will designate a new Building Committee.
All additions, improvements and alterations of any kind must be
approved by the Building Committee, including but not limited to fences,
barns and other outbuildings, patios, sidewalks, carports, porches, decks,
etc. The owner shall submit
plans and obtain approval prior to beginning construction.
5. No building material shall be placed on any tract until construction is to begin and construction shall be completed within one year from commencement. All vacant tracts shall be kept mowed and in a neat, clean manner. Immediately after completion, all excess building materials shall be removed from the building site.
6.
Easements for installation
and maintenance of utilities and drainage facilities are reserved as shown
on the plat. Within these
easements, no structure, planting, or other material shall be placed or
permitted to remain which may damage or interfere with installation and
maintenance of utilities, or which may change the direction of flow of
drainage channels in the easements, or which may obstruct or retard the flow
of water through drainage channels in the easements.
The easement area of each tract and all improvements on it shall be
maintained continuously by the owner of the tract, except for those
improvements for which a public authority or utility company assumes
responsibility.
7.
All service lines such as
telephone and power lines to buildings or dwellings, shall be installed
underground unless otherwise approved by the Building Committee.
8.
All driveways and any
access to the lots within the subdivision must use the private roadway
easement or public road as set forth in the plat thereof.
All drives and any access to the lots within the subdivision must use
the private roadway easement as set forth in the plat.
All driveways must be of sufficient size to accommodate all vehicle
parking and must be all-weather surfaced gravel or better.
All driveway culverts must be approved by the Building Committee.
9.
No above ground tanks
except propane tanks or other tanks used for residential heating purposes,
transmitting antenna, or like structure shall be constructed in the
subdivision without the prior written consent of the Building Committee.
10.
All outbuildings shall be
of new construction, neat in appearance, and be placed to the rear of the
dwelling, if topographically possible.
11.
No fences shall be erected
on the front portion of any tract in this subdivision between the front lot
line and the front building setback line without approval of the Building
Committee. The height of all
fences shall be not more than eight feet or as otherwise approved by the
Building Committee. No barb wire
fencing will be permitted. Chain
link, wood or pipe fence may be used on rear lot areas.
If the front of the lot is fenced from the dwelling to the street,
then decorative fencing must be used with approval of the Building
Committee.
12.
Wells and septic tanks must
conform to minimum State Health Department regulations and shall be
constructed in accordance with the recommendation called for as a result of
a percolation test. It shall be
necessary for the contactor or contractor/builder, prior to covering any
septic tank system, to obtain inspection from the Health Department.
In no case may a well be closer than fifty (5) feet to a lot line.
Well casings will be cemented for a distance of ten (10) feet below
the surface of the ground. No
well or septic tank system may be constructed on one lot which would
interfere with the property drainage either on the lot of the owner, or any
other lot.
13.
The minimum construction
standards will be those contained in the National Building Code, National
Electric Code, National Plumbing Code, and ASHRA, and any other code
recognized by local or State law, it being sufficient to satisfy any single
recognized code.
14.
No building shall be
located nearer than twenty-five (25) feet from the front property line,
twenty-five (25) feet from the rear property line, of fifteen (15) feet from
any interior property line.
15.
No farm animals will be
allowed. Household pets may be
kept, provided they are not kept, bred, or maintained for any commercial
purposes, unless approved by the Home Owners Association and further
provided that the same are leashed or maintained within a fenced area.
Household pets shall be limited to four per lot.
16.
No sign of any kind shall
be displayed to the public view on any tract, except it shall be permissible
to erect one sign of not more than four square feet, advertising the lot for
sale or rent, except for temporary signs displayed for not more than three
days unless otherwise allowed by the Home Owners Association.
17.
Neither the streets within
the tracts nor private driveways or front yards of residential lots or
tracts within the subdivision shall be used to store, either temporarily or
permanently, trucks in excess of one and one-half ton, damaged, wrecked or
inoperable cars, buses, trailers in excess of eighteen feet, campers, house
trailers, mobile home, airplanes, or other motor vehicles, or to store
lumber or other materials. These
must be placed in the back portion of tracts or lots so as not to be visible
in a manner that is undesirable from the street or road or other properties
surrounding that tract and in keeping with the harmony of the subdivision.
This covenant does not preclude a tract or lot owner from performing
minor repair upon such vehicles owned by him and located in his driveway
exposed to view for not more than two consecutive days, nor shall this
covenant preclude the temporary parking of such vehicles at or on any such
lots or tracts owned by invited guests and visitors of such tract owners for
periods not exceeding two consecutive weeks.
The operation of dirt bikes within this subdivision is strictly
prohibited.
18.
Garbage cans and all refuse
areas shall be screened from view from the street and adjoining lots and
tracts. No trash or refuse shall
be allowed to accumulate and remain upon any tract within the subdivision,
and no trash, refuse, caves, tree houses, or other similar structure or
materials shall be placed upon any vacant tract.
19.
For
the purpose of these covenants, owner shall refer to the person, firm,
partnership or corporation owning a lot, whether one or more. Owner is used
collectively and shall not be construed in such a manner as to allow
multiple owners of one lot to expand the intended effect of the restrictive
covenants.
20.
No trees are to be removed
from the subdivision, except to allow for construction of buildings and
appurtenances, without consent of the Building Committee.
In some cases, the Building Committee will approve removal of
specific trees if the same are replaced with some form of tree species
approved by the Building Committee.
21.
All land contours are to
remain as natural as possible, however, minor changes shall be allowed by
the Building Committee, such as leveling for structure and/or handling
drainage. All tracts shall be
landscaped in a style which shall maintain the harmony of the area.
22.
These covenants are to run
with the land and shall be binding on all parties and all persons claiming
under them until ten (10) years from this date, at which time said covenants
shall be automatically extended for successive periods of ten (10) years
until an instrument signed by a majority of the owners of said lots is
recorded whereby the owners agree to change the covenants in whole or in
part.
23.
If the parties hereto, or
any of them, or their heirs or assigns shall violate any of the covenants
herein, it shall be lawful for person or persons owning any of the above
described property to prosecute any proceedings at law or in equity against
the person or persons violating or attempting to violate any such covenant
to either prevent him or them from doing or recovering damages for such
violation. The Association, on
behalf of itself or any Well Committee, may take such action.
24.
Invalidation of any one of
these covenants by judgment or court order shall in no way affect any of the
other provisions which shall remain in full force and effect.
III.
RECORDS:
INSPECTION BY OWNERS
A.
The Board of Directors and Well Committee shall keep or cause to be
kept records with detailed accounts of the receipts and expenditures
affecting the maintenance of common areas and its administration in relation
thereto, and specifying the maintenance and repair expense of the common
elements and any other expenses incurred by or on behalf of the Association.
The records so kept shall be available for inspection by all owners
at convenient hours on working days.
B.
Auditing. All records shall
be kept in accordance with accepted accounting procedures and shall be
audited at least once a year by an auditor outside the Association, if
required by any owner.
IV.
ASSOCIATION’S
MAINTENANCE,
OPERATION, REPAIR AND ALTERATIONS RESPONSIBILITY
The
Association, or any particular subdivision of same, as applicable, shall be
responsible for the maintenance, operation and repair of the common areas
according to the provisions herein.
V.
COMPLIANCE WITH PROVISIONS
OF
DECLARATIONS, BY-LAWS AND RULES AND REGULATIONS
A.
Each owner shall comply strictly with the provisions of this Declaration,
the By-laws of the Association and the rules, regulations, decisions and
resolutions of the Association adopted pursuant thereto as the same may be
lawfully amended from time to time.
Failure and refusal after written notice to comply with any of the
same shall be grounds for an action to recover sums due for damages or
injunctive relief of both, and for reimbursement of all attorney’s fees
incurred in connection therewith and interest on all of such amounts at the
highest lawful rate, which action shall be maintainable by the Managing
Agent of Board of Directors in the name of the Association and on behalf of
the owners. Said action to
recover sums due for damages, or injunctive relief, or both, may also be
brought by an aggrieved owner against any other owner(s) failing and
refusing to comply with the provisions of the Declaration, By-laws,
Restrictions, and the rules, regulations, decisions, and resolutions of the
Association.
VI.
INTERIM
CONTROL OF ASSOCIATION
A.
Until seventy-five percent (75) of the units have been sold, the Declarant
shall elect the Board of Directors and such Committees as are provided for
in the By-laws and in this Declaration.
VII.
REVOCATION OR AMENDMENT
TO DECLARATION:
AMENDMENT OF UNDIVIDED INTEREST IN COMMON AREA
This
Declaration shall not be revoked unless all of the owners unanimously
consent and agree to such revocation by instrument duly recorded.
This Declaration shall not be amended unless the owners representing
an aggregate ownership interest of seventy percent (70$), or more, of the
units consent and agree to such amendment by instrument duly recorded.
VIII.
ASSESSMENT
FOR COMMON EXPENSES
A.
Obligation to Pay Pro-rate Share.
All owners of units bordering on the private road shall be obligated
to pay the annual assessments for road maintenance imposed by the Board of
Directors of the Association.
Owners of units which do not border on said road shall not be assessed any
part of said cost. All owners of
units using a common well shall be obligated to pay a separate annual
assessment imposed by the particular Well Committee to meet common expenses.
Owners of units which do not use a common well shall not be assessed
any part of the cost.
B.
Maintenance. The
Board of Directors shall govern all matters pertaining to maintenance of the
private road. All lots using a
common may be governed by the Association or a separate Well Committee.
If so, each common well shall be designated by number with a
respective committee organized.
The Board of Directors and Well Committees shall be organized and operated
in accordance with the By-laws.
C.
Assessment Due Date and Lien.
Assessments for the particular estimated common expenses shall be due
when billed by the Board of Directors or Well Committee.
Said Board or Committee shall prepare and deliver, or mail to each
owner a statement of the owner’s assessment or assessments.
The assessments shall be a lien on the lot or lots until paid.
Assessments shall accrue from and after the date the lots are first
sold.
D.
Fixing Assessments; Adjustments.
For the purpose of fixing and determining the annual assessments or
charges, the Board of Directors or particular Committee of the Association
shall determine, by majority vote, in advance, for each calendar year the
estimated aggregate amount of such assessments and charges as may be
necessary for such year for road purposes.
The annual assessment shall be set initially by the Board and
Committee and be valid until changed by the Board of Directors or Committee.
Special assessments may be billed during the year as provided in the
By-laws. The first annual assessment shall be the sum of $35.00, for road
maintenance. Assessments may be
made during such year if deemed necessary by a majority of the Board of
Directors. Assessments for well
use and maintenance shall be made in accordance with Article X herein.
IX.
OWNER’S PERSONAL OBLIATION
FOR PAYMENT OF ASSESSMENTS
A.
Non-exemption from Payment; Board Responsibility to Collect Interest, Costs
and Attorney’s Fees, Suit, Notice to Mortgagee.
The amount of common expenses assessed against each unit shall also
be the personal and individual debt of the owner thereof.
No owner may exempt himself from the liability for his contribution
toward the common expenses by waiver of the use or enjoyment of any of the
common elements or by abandonment of his unit.
The Board of Directors, or particular Committee, shall have the
responsibility to take prompt action to collect any unpaid assessment which
remains unpaid more than fifteen (15) days from the due date for payment
thereof. In the event of a
default by an owner in the payment of assessment, such owner shall be
obligated to pay interest at the rate of twelve percent (12%) or such higher
rate (provided the same shall not be usurious) as the Board of Directors or
Committee may from time to time determine, per annum, on the amount on the
assessment from due date thereof, together with all expenses, including
attorney’s fees, incurred to collect such assessments and such late charges
as may be provided by the By-laws of the Association.
Suit to recover a money judgment for the unpaid common expenses shall
be instigated in
X.
WELL USE AND MAINTENANCE.
A.
Definition. Committee shall
refer to each individual collection of owners tied to a common well.
All action by the committee may be taken by a majority of the
members. All reference to
committee shall mean majority action of the members.
Each lot shall be entitled to one vote, regardless of the number of
owners. All expenses in
connection with the water supply system shall be an assessment and subject
to all preceding provisions pertaining ot assessments.
B.
Administration Option. The
wells may be administered by the Home Owners Association, by and through the
Board of Directors, or separate Well Committees comprised of all lot owners
tied to one well. The option
shall be exercised by majority vote of both the Home Owners Association and
common lot owners. The
administration may be handled by the Association as a whole or through
separate Well Committees, and not both.
The administration may be changed from time to time in accordance
with the provisions of this paragraph.
C. Usage Fees. All
lot owners shall have the right to use of a common source of water and each
lot owner shall have a meter which shall meter all water used by him.
No more than nine (9) lots shall use one common well.
Each lot owner using a common well shall pay a minimum monthly fee in
the amount of $20.00 shall entitle said lot owner to 12,000 gallons of
water. Any amount in the excess
of 12,000 gallons of water shall be charged at the rate of One Dollar
($1.00) per 1,000 gallons. Said
fee and usage rate may be changed as provided in the By-laws.
Electrical service shall e contracted in the name of the Home Owners
Association, or in the alternative, in the name of one or more common users
for each well.
D.
Water Leaks, Damage and Use.
1.
Leak.
No lot owner shall allow any leak or fixture on his premises to
be in a bad state of repair and the same shall be immediately repaired
and Association or Committee shall have the right to discontinue
providing water until said leak is repaired.
The Association or Committee shall have the right of access to
any lot.
If necessary, to shut
off water supply.
2. Damage. The Association or Committee shall in no way be responsible for maintaining any service line owned by the lot owner or for any damages done by water escaping therefrom. All damages to service pipes and distribution lines caused by carelessness or negligent work or improper filling or excavation by the lot owner, his agents, employees or contractors, shall be chargeable to the owner causing such damage. Any expense of repairing the distribution lines shall be recovered from such lot owner.
3. Connections. Each lot owner shall be entitled to one (1) water connection only and that connection shall service only one (1) dwelling on said lot. A shut-off valve shall be connected at the point where the lot line connects to the main line.
4. Termination of Use. Service shall be discontinued under any of the following reasons:
(a) For material misrepresentation by the lot owner.
(b) For the wasting of water.
(c) For failure to pay monthly and/or special assessments and water usage.
(d) For failure to keep in good order any connection, service lines and fixtures.
5. Billing. The Home Owners Association, or in the alternative, each well committee, shall designate one or more persons to read the meters and bill for and collect the maintenance and usage fees. All charges shall be paid on the 1st of the month after billing and failure to make such payments on the first of the month shall result in a ten percent (10%) penalty if not paid by the 10th of the month. Each owner shall pay the estimated average of one month’s water rate. Including electricity costs, in advance upon tying into the system for the purpose of supplying initial capital necessary to insure the timely monthly payment of electrical service. Thereafter, the Home Owners Association of a majority of common owners, as the case may be, may, at once each year, assess an additional maintaining the reserve and covering and uncollected fees or bad debts. The Home Owners Association may employ any persons necessary to carry out the provisions contained in this paragraph.
6. Selling Water. No lot owner shall sell any water to any person, firm or corporation and no water shall be transported or used other than on the above described lots except with authorization from the remaining owners.
7. Repair.
In the event the well maintenance is operated by separate
committees, a majority of the common owners will determine what repairs
and maintenance are necessary to the well, pump and other equipment
incident to the operation of the water supply system.
In the event the well maintenance is operated by the Home Owners
Association, the Board of Directors shall determine what repairs and
maintenance are necessary.
However, any owner may make emergency repairs if necessary and all
owners shall share equally in such expense, or the Association, as the
case may be, shall reimburse such expense. The Association or Committee
may discontinue services when necessary to repair any break or other
unavoidable cause for disruption of service.
Notice shall be immediately given to the affected property
owners. The Association or
Committee shall use reasonable and practicable measures to repair said
break or other damages.
8. Separate Well.
In the event that any lot
owner desires to establish his own water system, his taking of the water
shall be subservient to the water rights of the entire association and
no lot owner shall drill a well within 100 feet of the well owned and
operated commonly by any members of the Association.
No compensation shall be paid to any owner who wishes to
disconnect. No owner shall be
allowed to disconnect until all sums due or payable have been paid in
full.
9. Surplus Funds.
This is a not-for-profit association, and in the event surplus funds are
accumulated, then the Committee, in its discretion, may:
(a)
Decrease monthly billing
for water usage.
(b)
Suspend monthly billing for
water usage.
(c)
Prorate a refund of excess
funds to the then present owners.
10. Shortage of Water. In the event that there is a water shortage, then the Association of Committee shall call a special meeting waiving all notice and determine what measures shall be taken to handle the shortage.
11. Insurance. The Association or Committee may desire to contract for any casualty or liability insurance deemed necessary and desirable. Each lot shall pay its prorate share of the cost of insurance.
12. Easements and Ownership. Each lot owner by this instrument grants to the other lot owners the necessary easements for the purpose of installing water lines and any other equipment necessary for the use of the well. Said easement shall be a covenant running with the land and shall pass to and be binding on the successors, grantees and assigns of all owners. The ownership of the water system shall be in the Association of Committee, depending on how the system is administered, and ownership shall automatically transfer to such body in the event the method of administration changes.
X.
General
A.
Severance. If any
of the provisions of this Declaration or any paragraph, sentence, clause,
phrase or word, or the application thereof in any circumstance be
invalidated, such invalidity shall not affect the validity of the remainder
of this Declaration, and the application of any such provisions, paragraph,
sentence, clause, phrase or word in any other circumstances shall not be
affected thereby.
B.
Failure to Enforce Not Waiver.
No provision contained in this Declaration or the By-laws shall be
deemed to have been abrogated or waived by reason of any failure to enforce
the same irrespective of the number of violations or breaches which may
occur.
C.
Captions. The captions
herein are inserted only as a matter of convenience and for reference, and
in no way define, limit or describe the scope of this Declaration or
exhibits, nor the intent of any provision hereof.
D.
Gender. The use of the masculine
gender in this Declaration shall be deemed to refer to the feminine or
neuter gender and the use of the singular shall be deemed to refer to the
plural and vice-versa, whenever the context so requires.
E.
Covenants to Run With the Land.
The covenants, conditions and restrictions of this Declaration shall run
with and bind the project and shall inure to the benefits and be enforceable
by the Association or any member, their respective legal representative,
heirs, successors and assigns.
H.
Attorney’s Fees. In the event
action is instituted to enforce any of the provisions contained in this
Declaration, the party prevailing in such action shall be entitled to
recover from the other party thereto as part of the judgment, reasonable
attorney’s fees and costs of such suit.
In the event the Association is a prevailing party in such action,
the amount of such attorney’s fees and costs shall in such action, the
amount of such attorney’s fees and costs shall be a special assessment with
respect to the unit involved in the action.
IN
WITNESS WHEREOF, Declarant has duly executed this Declaration this 16th day of November, 1984.
WILDFIRE ESTATES, INC