HomeMy WebLinkAbout0788 16.2 Costs and attornevs' fees. In any proceeding
arising because of an alleged failure of an apartment owner
or the Association to comply with the terms of the Dec3ara-
tion, Articles of Incorporation of the Association, the
By-Laws, or the Regulations adopted pursuant to them, and the
documents and regulations as they may be amended from time to
time, the prevailing party shall be entitled to recover the
costs of the proceeding, and the Association, if it shall
prevail, shall further be entitled to recover such reasonable
attorneys' fees as may be awarded by the Court, provided, ;
however, no attorneys' fees shall be recovered against the ~
Associatioii in any such action.
16.3 No waiver of riqhts. The faiZure of the Associa-
tion or any apartment owner to enforce any covenant,
restriction or other provision of the Condominium Act, this
DecZaration, the Articles of Incorporation of the Association,
the By-Laws or the Regulations shall not constitute a waiver
of the right to do so thereafter.
17. Amendments. Except as elsewhere provided otherwise,
this Declaration of Condominium and the Charter and By-Laws of
Colonnades Condominiums Association No. 1, Inc. may be amended in
the following manner:
17.1 Notice. Notice of the subject matter of a
proposed amendment shall be included in the notice of
any meeting at which a proposed amendment is to be
considered.
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17.2 A Resolution for the adoption of a proposed
amendment may be proposed by the Board of Directors of
the Association or by the members of the Association. ;
Members may propose such an amendment by instrument in
writing directed to the President or Secretary of the
Board signed by not less than ten (10%) percent of the
membership. Amendments may be proposed by the Board of
Directors by action of a majority of the Board at any '
regularly constituted meeting thereof. Upon an amend-
ment being proposed as herein provided the President or,
in the event of his refusal or failure to act, the Board
of Directors, shall call a meeting of the membership to
be held not sooner than fifteen (15) days nor later th~n
sixty (60) days thereafter for the purpose of considering
said amendment. Directors and members not present in person
or by proxy at the meeting considering the amendment may
express their approval in writing, provided such approval
is delivered to the Secretary at or prior to the meeting.
Except as elsewhere provided, such approvals must be .
either by:
(a) Not Zess than seventy-five (75%) percent of
the entire membership of the Board of Directors and not
less than fifty-one (51%) percent of the Association; or
(b) Not less than seventy-five (75%) percent of the
votes of the entire membership of the Association; or
(c) In t'ne alternative, an an~endment may be
made by an agreement signed and acknowledged by all
condominium unit owners in the manner required for
the execution of a deed . dODJ( ~07 PAG~ .100
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(d) Until the first election of Directors, and
so long as the original Directors designated in the
_ Ce~tificate of Incorporation or successors to the said
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