Declaration

Turtle Creek Estates
Common Interest Community No. 13
City of Austin, Mower County, Minnesota

Section 16: Miscellaneous

 

  1. Severability. If any term, covenant, or provision of this instrument or any exhibit attached hereto is held to be invalid or unenforceable for any reason whatsoever, such determination shall not be deemed to alter, affect or impair in any manner whatsoever any other portion of this instrument or exhibits.
  2. Construction. Where applicable the masculine gender of any word used herein shall mean the feminine or neutral gender, or vice versa, and the singular of any word used herein shall mean the plural, or vice versa. References to the Act, or any section thereof, shall be deemed to include any statutes amending or replacing the Act, and the comparable sections thereof.
  3. Tender of Claims. In the event that any incident occurs which could reasonably give rise to a demand by the Association against Declarant for indemnification pursuant to the Act, the Association shall promptly tender the defense of the action to its insurance carrier, and give Declarant written notice of such tender, the specific nature of the action and an opportunity to defend against the action.
  4. Notices. Unless specifically provided otherwise in the Governing Documents or the Act, all notices required to be given by or to the Association, the Board of Directors, the Association officers or the Owners or Occupants shall be in writing and shall be effective upon hand delivery, or mailing if properly addressed with postage prepaid and deposited in the United States mail; except that registrations pursuant to Section 2.2 of the By Laws shall be effective upon receipt by the Association.
  5. Conflicts Among Documents. In the event of any conflict among the provisions of the Act, the Declaration, the By Laws or any Rules or Regulations approved by the Association, the Act shall control. As among the Declaration, By Laws and Rules and Regulations, the Declaration shall control, and as between the By Laws and the Rules and Regulations, the By Laws shall control.