DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
PAGE 58

ARTICLE XV (cont.)

(iv)  Legal Proceedings.  Failure to comply with any of the terms of the Restrictions by an Owner, his Family, guests, employees, invitees or tenants, is grounds for relief which may include, without limitation, an action to recover sums due for damages, injunctive relief, foreclosure of any lien, or any combination thereof; provided, however, that the procedures established in Section 1354 of the California Civil Code and in Sections 15.1(a), (b) and (c) above must first be followed, if they are applicable.

(v)  Additional Remedies.  The Board may adopt a schedule of reasonable fines or penalties which, in its reasonable discretion, it may assess against an Owner for the failure of such Owner, or of a resident of or visitor to such Owner's Unit, to comply with the Restrictions. Such fines or penalties may only be assessed after Notice and Hearing. After notice and hearing, the Board may direct the-·officers of the Association to record a notice of noncompliance against Unit owned by any Member of the Association who has violated any provision of this Declaration. The notice shall include a legal description of the Unit and shall specify the provision of the Declaration that was violated, the violation committed, and the steps required to remedy the noncompliance. Once the noncompliance is remedied or the noncomplying Owner has taken such other steps as reasonably required by the Board, the Board shall direct the officers of the Association to record a notice that the noncompliance has been remedied.

(vi)  No Waiver.  Failure to enforce any provision hereof does not waive the right to enforce that provision, or any other provision hereof.

(vii)  Right to Enforce.  The Board and any Owner may enforce the Restrictions as described in this Article, subject to Section 1354 of the California Civil Code. Each Owner has a right of action against the Association for the Association's failure to comply with the Restrictions. Each remedy provided for in this Declaration is cumulative and not exclusive or exhaustive.

(viii)  Attorneys' Fees.  Any judgment rendered in any action or proceeding pursuant to this Declaration shall include a sum for attorneys' fees in such amount as the court or arbitrator, as applicable, may deem reasonable, in favor of the prevailing party, as well as the amount of any delinquent payment, interest thereon,

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