DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
PAGE 59
ARTICLE XV (cont.)
(viii) Attorneys' Fees (cont.).
costs of collection and costs of court or alternative dispute resolution, as applicable.
(b) Elysian Community Association. Elysian Community Association and the Association share use of certain streets and recreation facilities pursuant to the Reciprocal Easement and Use Agreement for Elysian Recorded on May 4, 1990, as Instrument No. 90-244949, of Official Records of San Diego County ("Street Agreement"). The Section of this Declaration entitled "Parking and Vehicular Restrictions" of this Declaration and this Section are added to the Declaration for the benefit of the Elysian Community Association as well as the Association, the Owners and Declarant. The Elysian Community Association is a third-party beneficiary of these provisions entitled to enforce them in accordance the enforcement provisions of this Declaration and applicable laws. These remedies are cumulative, not exhaustive. Neither this Section no the Section of this Declaration entitled "Parking and Vehicular Restrictions" may be amended without the vote or written consent of at least sixty-seven percent (67%) of the members of the Elysian Community Association. Elysian shall be entitled to enforce these restrictions by fine, towing or legal or equitable action, at Elysian's discretion, in the manner set forth in Elysian's governing documents. The prevailing party in any such action shall be entitled to attorney's fees and costs.
15.2. Severability.
The provisions hereof are independent and severable, and a determination of invalidity or partial invalidity or unenforceability of any one provision or portion hereof by a court of competent jurisdiction does not affect the validity or enforceability of any other provisions hereof.
15.3. Interpretation.
This Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the creation and operation of a residential condominium·development and for the maintenance of Common Property, and any violation of this Declaration is a nuisance. The Article and Section headings have been inserted for convenience only, and may not be considered or referred to in resolving questions of interpretation or construction. As used herein, the singular includes the plural and the plural the singular; and the masculine, feminine and neuter each includes the other, unless the context dictates otherwise.
15.4. Mergers or Consolidations.
Upon a merger or consolidation of the Association with another association its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving association pursuant to a merger. The surviving or consolidated association may administer and enforce the covenants conditions and restrictions established by this Declaration governing the Property, together with the covenants and restrictions established upon any other