ARTICLE I: DEFINITIONS

ARTICLE II: MEMBERSHIP & VOTING RIGHTS

ARTICLE III: SERVICES

ARTICLE IV: ASSESSMENTS

ARTICLE V: PROTECTIVE COVENANTS

ARTICLE VI: GENERAL PROVISIONS

Section 1. Duration.
The covenants, conditions, charges and restrictions of this Declaration shall run with and bind the land and shall inure to the benefit of, and be enforceable by, the Association, the Declarant or other Owner of any Lot subject to this Declaration, it or their respective legal representatives, heirs, successors, or assigns in perpetuity.

Section 2. Enforcement.
Any Owner, the Declarant or the Association shall have the option and right to enforce, by any proceeding at law or inequity, all restrictions, conditions, covenants, reservations, and charges now or hereafter imposed by the provisions of this Declaration. The method of enforcement may include legal action seeking an injunction to prohibit any violation, one to recover damages, or both. Failure by any Owner, or by the Declarant, to enforce any such provisions shall in no event be deemed a waiver of the right to do so thereafter. Should any law suit or other legal proceeding be instituted against an Owner who is alleged to have violated one or more of the provisions of this Declaration, the prevailing party in such proceeding shall be entitled to reimbursement, for the costs of such proceeding, including reasonable attorney’s fees.

Section 3. Severability.
Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision(s), which shall remain in full force and effect.

Section 4. Amendment.
The Declarant reserves the sole right to amend, modify, make additions to, or make deletions from this Declaration he alone deems appropriate. This right of the Declarant to make such amendments shall continue for so long as Declarant is a member in the Association. After that time, the right to amend shall pass to the Association to be exercised only upon concurrence of seventy-five (75%) of the members of the Association. Amendments must be recorded in the office of the Clerk and Recorder, Ravalli County, Montana. In addition to the foregoing, these covenants shall not be repealed or amended without prior written consent of the City of Hamilton.

Section 5. Liability of Declarant.
The Declarant shall have no liability for any of his actions or failures to act, or for any action or failure to act of any Owner of any Lot in The Arbors.