ARTICLE XIII- GENERAL PROVISIONS

Section 1. The covenants, conditions and restrictions of this Declaration shall constitute covenants running with the land and each shall constitute an equitable servitude upon the Owner of each Lot and the appurtenant undivided interest in the Recreation Parcel and upon the heirs, personal representatives, successors and assigns of each Owner. This Declaration shall be binding and of full force and effect for a period of thirty (30) years from the date this Declaration is recorded in the Public Records of Flagler County, Florida, after which time this Declaration shall automatically be extended for successive twenty (20) year periods, unless an instrument signed by not less than seventy-five (75%) percent of the then record Owners of the Lots is recorded containing an agreement of said Owners with respect to the alteration, change, modification or termination, in whole or in part, of the provisions of this Declaration.

Section 3. Notices. Ally notices, demands, requests, consents or other communications required or permitted to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postage paid, to the last known address of the person or entity who appears as Member or Owner on the records of the Association at the time of such mailing.

Section 4. Enforcement. Enforcement of the terms, conditions, restrictions, covenants, reservations, liens and charges in this Declaration shall be by any proceeding at law or in equity against any person or entity vi6lating or attempting to violate any of same, either to restrain violation or to recover damages, or against any real property subject to this Declaration or to enforce any lien rights hereunder. Any such proceeding, action or suit may be brought by this Association, any Owner or the Developer. Failure by any Owner, the Association or the Developer, to enforce any covenant or restriction contained herein for any period of time shall in no event be deemed a waiver or estoppels of the right to enforce same. Should it become necessary to institute legal action against a member of the Association to enforce compliance with this Declaration, the Articles and By-Laws of the Association, or the Rules and Regulations of the Association, upon a binding by a court in favor of the Association, Owner or Developer, the defendant member shall reimburse the said party of its costs of suit, including reasonable attorney's fees at both trial and appellate level incurred by it in bringing such action.

Section 5. Transferability of Developer's Rights. All rights and privileges of the Developer under this Declaration shall be fully assignable and transferable. The Developer shall assign all such rights and privileges granted under this Declaration to the Association not later than date of conveyance by the Developer of fee simple record title to the one hundred thirty third (133rd) lot encumbered hereby.  In the event of such transfer or assignment, the term "Developer" as used herein shall be deemed to include such assignee or transferee

.Section 6. Severability. Invalidation of any one of the provisions of this Declaration by judgment or court order shall in no way affect any provision which shall remain in full force and effect.

Section 7. Title and Captions. Section titles or other captions contained iii this Declaration are inserted only as a matter or convenience and for reference purposes and in no way define, limit, extend or describe the scope of the Declaration or the intent of any provision hereof.

Section 8. Person or Gender. whenever the singular number is used in this Declaration and when required by the context, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders.

Section 9. Applicable Law. The provisions of this Declaration and any dispute arising hereunder shall be governed by the laws of the State of Florida.

Section10. Enforcement by Means of Fines.

In addition to all other remedies. a fine or fines may be imposed upon an Owner for failure of the Owner, his family, guests, invitees, tenants, or employees (hereinafter "Owner"') to comply with any covenant, restriction or provision contained in any of the Hammock Beach Estates governing documents or any rule or regulation promulgated by the Board of Directors (hereinafter "violation"). Provided the limits on the amounts of fines and due process procedures required by Florida Statute 720.305, as amended from time to time, are adhered to.

Fines imposed hereunder shall be paid not later than thirty (30) days after the decision of the Fining Committee is mailed to the Owner. All such fines shall be treated as an individual assessment secured by a lien and otherwise subject to the provisions of Article V of this Declaration.

11. Enforcement by Means of Suspension.

In addition to all other remedies. the Association may suspend the rights of an Owner or an Owner's family, guests, invitees, tenants, or employees. or both (hereinafter "Owner"), as follows:

      1. Suspension of Use Rights: The Association may suspend, for a reasonable period of time, the rights of an Owner to use common areas and facilities and/or to receive services. for failure of the Owner to comply with any covenant, restriction or provision contained in any of the Hammock Beach Estates governing documents or any rule or regulation promulgated by the Board of Directors, subject to the procedures required by Florida Statute 720.305. as amended from time to time: provided that the procedures set forth In that law do not apply to the imposition of any such suspensions upon any Owner because of the failure of the Owner to pay assessments or other charges when due: and further, provided that any such suspension shall not impair the right of an owner or tenant of a parcel to have vehicular access and pedestrian ingress to and egress from the parcel. including but not limited to, the right to park.

      2. Suspension of Voting Rights: The Association may suspend the voting rights of a member for the nonpayment of regular annual assessments that are delinquent in excess of ninety (90) days or as otherwise permitted by law.