HomeMy WebLinkAbout2762 ~riaginq such ~ction. Failure on the part of the Association to
maintsin auch aa action at lav or in equity within thirty (30)
clay~ fro~n date of a written request, signed by a unit owner, ser?t
to tha Soard of Directors, shall authorize any unit owner to ~
brinq an action ia equity or suit at law on accour~t of the vio-
lation, in the manner provided for by the Condominiwa Act. Any
violations which a~e deemed by the IIoard of Directors to be a
hazard to public healtt~, may be corrected iramediate2y as an emer-
qency raatter by the 1~ssociation, and t.`~e cost thereof shall be
~ charqed to the unit awner as a specific item which shall be a -
lien. against said unit with the saa~ force and effect as if the
charqe were a part of the cou~non expense .
Section 2. Negliqence or_Carelessness of Unit Oc~mer, etc.
All unit oWners shall be liable for the expense of any maintenance,
repair or replacement rendered necessary by his act, neglect or
carelessness, or by that of aay member of his family, or his or
their quests, employees, aqents or lessees, but only to the extent ~
that such expense is not met by the proceeds ef insurance carried
by the Association, if any. Such liability shall include ariy
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 oamganies of riqhts of 8ubroqation. The expense for °
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any maiAtenance, repair or replacement required, as ~rovided in • ~
this section, shall be charged to said unit owAer as a specific
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item whic~ shall be a lien aqainst said unit with the sawe force
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and effect as if the charge i+ere a part of the co~m~aon expense.
Said lien shall be subordinate to the lien of any institutional
first mortgaqe oa a qiven c~oziclo~ainium unit.
Section 3. Costs and Attorneys Fees In any proceedinq
arisinq because of an alleqed default by a unit owner, the pre-
vailiaq patty shall be entitled to zecover the costs of the pro-
ceedinq aad sucb reasonable attorney's fees as may be determined ~
.by the court.. .
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