Fountain Hills Declaration of Reservations
GENERAL PROVISIONS

1. Duration
   The covenants and conditions of this Declaration shall run with the land and shall be binding upon all parties and all persons claiming under them for a period of twenty five (25) years from the date of these covenants and conditions are recorded, after which time the covenants and conditions shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change the covenants and conditions in whole or in part.
2. Notices
   Any notice required to be sent to any owner under the provisions of this Declaration shall be deemed to have bee properly sent when mailed postpaid to the last known address of the persons who appears as owner on the records of Declarant at the time of such mailing.
3. Severability
   In the event that any of the provisions of this Declaration in each zone of Land Use Regulations conflict with any other of the sections therein, the more restrictive of the two shall govern.  If any paragraph, section, sentence, clause, or phrase of the conditions and covenants herein contained shall be or become illegal, null, or void for any reason, or shall be held by any court of competent jurisdiction to be illegal, null, or void, the remaining paragraphs, sections, sentences, clauses, or phrases herein contained shall not be affected thereby.
4. Enforcement
   If any owner of any lot in said property of his heirs or assigns shall violate or attempt to violate any of the conditions or covenants herein, it shall be lawful for any other person or persons owning any other lots in said property to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such conditions or covenants and either to prevent him or them from so doing or to recover damages or other dues for each violation.
   In order to enhance and protect the value of the lots described herein, the right to prosecute and proceeding at law or in equity against any person or persons violating or attempting to violate any conditions either to prevent such violations or to recover damages or other dues for each violation is also expressly reserved to Declarant, its successors or assigns, whether or not Declarant is a lot owner. (Revised and Ratified May 14, 2011)