EditARTICLE 9 ENFORCEMENT
9.1 General Right of Enforcement. Subject to the further provisions of ARTICLE 10 below, the Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens or charges now or hereafter imposed by the provisions of the Project Documents. Failure by the Association or by any Owner to enforce any covenant or restriction contained in the Project Documents shall in no event be deemed a waiver of the right to do so thereafter.
9.2 Items of Construction/Equitable Relief. As provided in Section 9.3 below, Declarant, the Association, and/or any Owner shall have the right to use summary abatement or similar means to enforce the restrictions set forth in this Declaration, provided, however, a judicial decree authorizing such action must be obtained before any items of construction or any Modification can be altered or demolished by any Person other than the Owner or other Person who caused the Modification to be made.
9.3 Enforcement by Association. The Association may enforce the Project Documents in any manner provided for in the Project Documents or by law or in equity, including, but not limited to:
9.3.1 imposing reasonable monetary penalties after notice and hearing as provided in the Bylaws. An Owner shall be responsible for payment of any fine levied or imposed against an Owner as a result of the actions or omissions of the Owner, his Lessee or Resident or their respective Invitees;
9.3.2 suspending an Owner's right to vote for violations of any provision of these Project Documents as further provided in Section 5.12 above;
9.3.3 suspending any Person's right to use any facilities within the Common Area, as further provided in Section 4.1 above, provided, however, that nothing shall authorize the Board to prevent ingress or egress to or from a Lot by its Owner;
9.3.4 suspending any services provided by the Association to an Owner or the Owner's Lot if the Owner is more than 15 days' delinquent in paying any Assessment or other charge owed to the Association;
9.3.5 exercising self-help or taking action to abate any violation of the Project Documents or to remove any structure of Improvement further subject to any limitations of Arizona law and the provisions of Section 9.2 of this Declaration;
9.3.6 without liability to any Person, prohibiting any Invitee of an Owner, Lessee or other Resident who fails to comply with the terms and provisions of the Project Documents from continuing or performing any further activities within the Project;
9.3.7 towing Vehicles which are parked in violation of this Declaration or the Rules as further provided in Section 3.21 of this Declaration;
9.3.8 filing a suit at law or in equity to enjoin a violation of the Project Documents, to compel compliance with the Project Documents, to recover Assessments, monetary penalties, Collection Costs or damages or to obtain such other relief (including a civil monetary judgment) to which the Association may be entitled, including the remedies provided for in Section 6.10 of this Declaration, subject to any applicable limitations of Arizona's Planned Communities statutes (A.R.S. $33-1801 et seq.) on the enforcement of Association remedies;
9.3.9 Recording a Notice of Violation by any Owner of any restriction or provision of the Project Documents as further provided in Section 1 1.9 of this Declaration; and
9.3.10 Recording a Notice of Lien against a Lot as provided in Section 6.10.2 of this Declaration relating to the Assessment Lien provided for in ARTICLE 6 of this Declaration and Arizona's Planned Communities statutes, A.R.S. $33-1801 et seq.
9.4 Limited Enforcement Obligation. The Association shall not be obligated to take any enforcement action if the Board determines, in its sole discretion, that, because of the strength of the Association's possible defenses, the time and expense of litigation or other enforcement action, the likelihood of a result favorable to the Association, or other facts deemed relevant by the Board, enforcement action would not be appropriate or in the best interests of the Association.