Enforcement and Remedies

Each Owner and the Owner’s Invitees shall strictly comply with all provisions of the Governing Documents.

Notwithstanding any specific remedy listed in any provision of the Governing Documents, the failure to comply with any of the provisions of the Governing Documents shall, in addition to such specific remedy, be grounds for any or all of the following: (i) the imposition of fines and other Default Assessments; (ii) the filing and foreclosure of a lien to recover the amounts owed to the Association; (iii) subject to Section 2.9(t), an action to recover damages or for injunctive relief or both; (iv) suspension of a Member’s right to vote; and (v) any other remedies of the Association as set forth in the Governing Documents or permitted under Montana law. Any action against an offending Owner may be maintained by the Association (through the Board) or by an aggrieved Owner.

Each remedy provided under Montana law or the Governing Documents is cumulative and not exclusive.

Except as otherwise stated in the Declaration for non-payment of Assessments, removal of signs, or removal of Automobiles or Recreational Vehicles, before a fine, action, or suspension of Membership Rights, the Board shall provide the Owner with at least ten (10) days’ written notice of the alleged violation. Such written notice to the Owner shall be given either by personal delivery, U.S. Mail, or email, to the address or email address on record with the Association. Such notice shall be deemed given (i) if by personal delivery, on the date it is delivered; (ii) if by mail, three (3) days after being mailed; or (iii) if by email, twenty-four (24) hours after it is sent. The Owner may respond in writing within ten (10) days after notice is given as to why a violation has not occurred. If a response is not timely provided, a violation will be deemed to have occurred. If a response is timely provided, the Board will consider the Owner’s written response as promptly as possible and will notify the Owner in writing as to the Board’s decision.

Subject to Section 2.9(t), the Association, through the Board, shall have the right but not the obligation to enforce any provisions of any of the Governing Documents. Subject to Section 2.9(t), the decision to have the Association pursue an enforcement action in any particular case shall be left to the Board’s sole and absolute discretion, except that the Board shall not be arbitrary or capricious in taking enforcement action. The Board’s decision to not pursue enforcement action shall not be deemed a waiver of the right of the Association to enforce such provision at a later time or under other circumstances, nor shall it preclude the Association from enforcing any other covenant, restriction, or rule, nor shall it preclude any Owner from taking action at law or in equity to enforce the Governing Documents.

If any lawsuit or proceeding is taken by or against the Association to enforce the Governing Documents against an Owner, the substantially prevailing party shall be entitled to reimbursement for all costs, including, without limitation, reasonable attorneys’ fees, court costs, fees to determine the amount of fees, fees on appeal, and all other expenses incurred by the substantially prevailing party.

The Board may delegate any of its rights or obligations with respect to enforcement as set forth above to the Manager or an appointed agent; provided, however, any decision to pursue or not pursue any legal proceeding may not be delegated, and shall be determined by the Board.