HomeMy WebLinkAbout1355 .
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brinqinq such action. Failure on tho part of the Associ~tion to.
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: maintain such an action at law or in equity within thirty (30)
days from d~te of a writton requost, signed by a unit owner, sent ;.~1 $
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to the Doard of Directors, shall authorixe any unit ow~ner to
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~ brinq an action in equity or suit at law on account of the vio-
lation, in the• mariner provided for by the Condominium Act. Any '
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violations which are deemed by tho noard of Dirac~ors to be a ,
hazard to public health, s;wy be corrected 'irunediately as an ener~-. .
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gency natter by the 1lssociation, and t.tie cost thereof shall be
~ c:~arged to the unit owner as a specific itera which sha21 be a. ~
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lien aqainst said unit with the same forco and effect as if the
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charqe wQro a part of the common oxpense.
Section 2. Negligence or Carelessness of Unit Owner, etc.
All.unit owners shall be liable for the expanse of any mainten~nce,.
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repair or replacement rendered necessary by his act, neglect or .
, . carelessness, or by that of any membar of his fanily, or his or .
t2~~ir guests, e.-~~loyees,~aqents or lessees, but only to the extent
that such expense is not met by the proceeds of insurance carried
by the Association, if any. Such liability shall.include any '
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I inerease in insurance rates occasioned by use, misuse, occupancy '
~ or al~andonment of any unit~ or its . ~ appurtenances . Nothinq herein , ' ~ ~ ~ ~ ~
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~ contained, however, shall be co~strued so as to ~wdify any waiver'
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by insurance companies of rights of subrogation. The expense for
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any maintenance, repair.or replacer?ent required, as provided in~
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this section, shall be charged to said unit owner as a specific " ~
item which shall be a lien aqainst said unit with the saAae force
and effect as if the charqe.were a part of the comraon expense.' ~
Said lien shall be subordinate to the liQn of any~institutional~
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first mortqaqe on a qiven coridominium unit. ~
Section 3. Costs and Attorneys Fees In any proceeding ~'~i~>
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arisinq because of an alleqed def~ult by a unit owner, the pre- "
~ vailin art shall be entitled to recover the costs of the
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ceedinq ar~d such ressonat~le attorney's fees as may bo deternined = j'~
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by the court. ~ ' ~ ~ ~ ~ ; _ ~
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- - a°~c~.86~ ~1353 . : : ; ; :
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