Section 1. Term. These covenants and restrictions are to run with the land and shall be binding on all parties and persons claiming under them for a period of ten years from the date of the recording of this declaration, after which time said covenants and restrictions shall be automatically extended for successive periods of ten years unless an affirmative vote of two thirds (2/3) of the membership present, so long as those present constitutes a quorum of the total membership, shall be necessary to extinguish or change said covenants and restrictions in whole or in part.

Section 2. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any other covenants that shall remain in full force and effect.

Section 3. Enforcement. West Beach Road Association is hereby charged with the authority and obligation for the enforcement of this declaration. In the event the association fails to take appropriate action for the enforcement of the covenants and restrictions within a reasonable time after a violation is brought to its attention in writing, any person owning or purchasing a tract within the said property which is the subject of this declaration may take such steps for such enforcement. The party prevailing in such enforcement proceedings shall recover such attorneys fees as the court may deem reasonable.

Section 4. Amendment of Declaration. This declaration may be amended at any time by the affirmative vote of two-thirds (2/3) of the members of the association present, so long as those present constitutes a quorum of the total membership, at the annual meeting or at any special meeting specifically called for that purpose, provided, however, that this declaration shall not be amended so as to subject tracts retained by the original developers for purposes of sale to such dues as shall be imposed by the West Beach Road Association.