Loading...
HomeMy WebLinkAbout1381 : .r.; ...'.~c~._ - _ _ . -..s > . . ____..-...e....a.er-~~..._a-1 za~wi.n~cacv.~s~3wra6r.n[=.~vi'ii~b~tiic~,..a~:~ by the Board of Directors and ratified by the affirmative v~ote of ~he Votinq Members castinq not less than 75~i of tYie total votes of the unit owners present at any regular or special meetinq of the unit owners called for that purpose. ARTICLE VII. COMPI~IANCE AND DEFAULT. ~ - Section 1. Violations. In the event of a violation (other than the nonpayme~ o anf assessment) by the unit owner in any of the provisions of the Declaxation, of these By-Laws, or of the applicable portions of the Condominium Act, the Association, by direc~n of its board of directors, may notify the unit owner by written notice of sa.id brea,ch, transmitted by , mail, and if such violat~on sha11 cont3nue for a period of thirty (30~ days from the date of the notice, the Association, #hrough its Board of Directors, shall have the riqht to treat such violat3on as an intentional and inexcusable and material breach of the Declaration, of the By-Laws or of the pertinent provisions of the Condominium Act, and the Association may then, at its option, have the following elections: ~ (1) An action at law to recover for its damage on behalf of the Association or on behalf of the other unit oavners; (2) an action in equity to enforce performance on the part of the uhit owner; or (3) an action in equity f,or such equitable relief as may be necessary under the circumstances, includinq ir~junct~ve relief. Upon a iindinq by the court that the violation complained of is willful and deliberate, the unit owner so violating sha11 ' reimburse the Associa~iion for reasona.ble attorney's fees incurred by it in bringing such action. Failure on the part of the Associa.tion to maintain such an~action at law or in equity within thirty (30) d.a.ys from date of a written request, signed by a unit owner, sent to the Board of 17irectors, s authorize any unit owner to bring an action in equity or suit at law on E account of the viola.tion, in the manner provided for by the Condominium Act. Any violations which are deemed by th~ Board of Directors to be a hazaxd to public health, may be corrected immediately as an emergency matter by the Association, and the c4st thereof shall be charqed to the unit owner as a specific item which shall be a lien a.gai.n.st said unit with the same force and effect as if the charge were a part of the common expense. ~ Section 2. Neqlictence or Ca.rel~ssness of Unit Owner, etc. ~ ~ All unit owners sha11 be lia.ble for the expense of any maintenance , repair or replacement rendered necessary by his act, neqlect or carelessness, or by that of any member of his fa.mily, or his or their quests, em~loy_ee~, aqents or lessees, but only to the extent that such egpense is not met by the proceeds of insurance carried by the Association, if any. Such liability shall include any increase in insurance rates occasioned by use, misuse, occupancy or abandonment of any unit or its appurtenances. Nothinq herein contained, however, shall be construed so as to modify any waiver by insurance companies of rights of subroqation. The expense for any main- tenance, repair or replacement required, as provided in t,his section, _ shall be charged to said unit owner as a specific item which shall be a lien against said unit with the same f~orce and effect as if the charge were a part of the common expense. - W. R. SCOTT - ~rroRwsr wT uw 7M i'9LOIIA00 AV[NYt ~ ~1 . 1 srVAR'T, rWR1~I1 ~ ~mK 168 ~~,~78 ~ , _ 5_.~.wj: _ _ - S~?c.,'~3; " ~ ~ .