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plans and specifications to the Committee for approval agrees, by <br />submission of such plans and specifications, and every Owner or <br />Occupant of any Blackthorn Lot, by acquiring title thereto, or an interest <br />therein, that they will not bring any action or suit against the Committee, <br />the Commission, the Authority, the City or the Association to recover any <br />such damages. <br />5.8 Limitation of Action. Notwithstanding anything to the contrary herein <br />contained, after the expiration of one (1) year from the date of issuance of <br />a building permit by the appropriate governmental authority for any <br />Improvement, or three (3) months after the completion of any <br />Improvement, whichever is later, said Improvements shall, in favor of <br />purchasers and encumbrances, be deemed to be in compliance of this <br />Article, unless actual notice of noncompliance or non - completion, executed <br />by the Association, shall appear of Record of the Official Records, or <br />unless legal proceedings shall have been instituted to enforce compliance <br />or completion. <br />ARTICLE VI <br />OWNER'S ASSOCIATION AT BLACKTHORN <br />6.1 Formation of Association. The Declarant shall cause to be incorporated a <br />not- for - profit corporation under the laws of the State of Indiana, to be <br />called the Owner's Association at Blackthorn. The Association shall be <br />governed in accordance with the Articles and Bylaws of its incorporation. <br />The Bylaws may further define the rights and obligations of the Association <br />and its members, but this Declaration shall govern, in the event of an <br />inconsistency between these Covenants and the Bylaws. <br />6.2 Purposes of the Association. The purposes of the Association are as <br />follows: <br />a. to enforce these Covenants; <br />b. to maintain certain common landscaped areas; <br />C. to receive, account for and budget funds belonging to and /or <br />entrusted with the Association, including without limitation: _ <br />= dues or assessments for the operation, maintenance and /or <br />benefit of the Owners at Blackthorn; <br />to pay the expense of the Committee as budgeted herein; <br />14 Blackthorn Corporate Park - Covenants & Restrictions 2123112 draft <br />