Section 11.16. Failure to Comply. Failure to comply herewith. shall be grounds for an action to recover damages or for injunctive relief to cause any such violation to be remedied, or both. Reasonable notice and an opportunity for a hearing as provided in the Bylaws shall be given to the delinquent Owner prior to commencing any legal proceedings.

Section 11.17. Enforcement. The Master Association or any Owner shall have the right to enforce against any Owner, and any Owner shall have the right to enforce against the Master Association, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Master Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

Section 11.18. Remedies. In addition to the remedies set forth above in this Article XI, any violation of the Castle Pines North Documents shall give to the Board, the Manager, or the Declarant, on behalf of the Owners, the right to enter upon the offending premises or take appropriate peaceful action to abate, remove, modify or replace, at the expense of the offending Owner any structure, thing or condition that may exist thereon contrary to the interest and meaning of the Castle Pines North Documents. If the offense occurs on any easement, walkway, Common Area or the like, the cure shall be at the expense of the Owner or other person responsible for the offending condition.

Section 11.19. Nonexclusive Remedies. All the remedies set forth herein are cumulative and not exclusive.

Section 11.20. No Liability. No member of the Board, the Declarant, the Design Review Committee, the Manager nor any Owner shall be liable to any other Owner for the failure to enforce any of the Castle Pines North Documents at any time.

Section 11.21. Recovery of Costs. If legal assistance is obtained to enforce any of the provisions hereof, or in any legal proceeding (whether or not suit is brought) for damages or for the enforcement of or to restrain the violation of the Castle Pines North Documents, the prevailing party shall be entitled to recover all costs incurred by it in such action, including reasonable attorneys' fees as may be incurred, or if suit is brought, as may be determined by the court.

Section 11.22. Resolution of Disputes. If any dispute or question (hereinafter the "Matter") arises between Members or between Members and the Master Association or the Design Review Committee relating to the interpretation, performance or nonperformance, violation, or enforcement of the Castle Pines North Documents, such Matter may be subject to a hearing and determination by the Board in accordance with the procedures set forth in the Bylaws.

Section 11.23. Severability. This Declaration, to the extent possible, shall be construed or reformed so as to give validity to all of the provisions hereof. Any provision of this Declaration found to be prohibited by law or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating any other part hereof.