Section 11.1 Right to Enforce. The Association, Declarant, or any Unit Owner shall have the right to enforce, by any appropriate proceeding at law or in equity, all covenants, conditions, restrictions, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration.

 

Section 11.2 Remedies Cumulative. Remedies provided by this Declaration are in addition to, cumulative with, and are not in lieu of, other remedies provided by law. There shall be, and there is hereby created, a conclusive presumption that any breach or attempted breach of the covenants, conditions, and restrictions herein cannot be adequately remedied by an action at law or exclusively by recovery of damages.

 

Section 11.3 Covenants Running with the Land. The covenants, conditions, restrictions, liens, easements, enjoyment rights, and other provisions contained herein are intended to and shall run with the land and shall be binding upon all persons purchasing, leasing, subleasing, or otherwise occupying any portion of the Real Property, their heirs, executors, administrators, successors, grantees, and assigns. All instruments granting or conveying any interest in any Unit shall be subject to this Declaration.

 

Section 11.4 Right to Assess Penalty on Unit for Violations of Declaration. The Board by simple majority vote shall determine whether a Unit Owner has breached, or a Unit is in breach, of any of the covenants, conditions, and restrictions provided herein. After thirty (30) days' written notice to such Unit Owner, the Unit Owner shall have an opportunity to be heard by the Board regarding the violation. After such hearing, the Association by a two-thirds (2/3) majority vote of the Board, is empowered to assess a penalty in accordance with an established schedule of fines adopted by the Board and furnished to the Unit Owners. Such penalty shall be a levied special assessment and constitute a lien against the Unit, enforceable as provided herein.