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16.1 Negli ence. An apartment oNner shall be liable for
the eapense o a»y maintenance, repair or replacement rendered
necessary by his negligence or by that of
any member of his fam-
ily or his or their guests, employees, agents or lesaees, but
only to the extent that auch expense ia not met by the proceeds
of insurance carried by the Aasociation. An apartiaent owner
ghall pay the Aasociation the amount of ar~y increase in it a in-
suranee premiuma occasioned by use, misuse, occupancy or abandon-
ment of an apartment or its appurtenances, or of the common el-
ements, by the apartment oNner.
16.2 Costa and attorneys~ fees. In an~r proaeeding arising
because of an a ege a ure o an apartment owner or the Asso-
ciation to compl,y with the terms of the Declaration, Articles of
Incorporation of the Association, the By- Laws, or the Regulations
adopted purauant 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 Asso-
ciation, _if it ahall prevail, ~shall further be entitled to recover
such reasonable attorneys~ fees as may be awarded by the Court,
provided, hawev~er, no attorneys' fees shall be recovered against
the Association in ar~y such action.
16.3 No waiver of rights. The failure of the Association
or any apar men owner o e orce any covenant, restriction or
other provision of. the Condominium Act, this Declaration, the Arti- .
cles of Ineorporation of the Association, the By-Laws or the Regu-
lations shall not constitute a waive~ of the right to do so there- ~
after.
17. Amendments. Except as elsewhere provided otherwise, this De-
claration o on o nium arxi the Charter and By-Laws of Colonnades Con-
dominium Association No. 2, Inc. may_be amended in the-folloWing manner:
17.1 Notice. Notice of the sub~ect matter of a proposed
amemiment s~aTlTie included in the notice of ar~ meeting at which
a proposed amendraent is to be considered.
17.2 A Resolution Por the adoption of a proposed amer~dment
may be propose y e ard of Directora of the Association or by
the members of the Association. Members may propose such an amer~d-
ment by instrument in writing directed to the President or Seare-
; tary of the Board signed by ~ot lesa than ten (10~) percent of the
membership. Amendments may be proposed by the Board of Directora
by action of a ma~ority of the Board at any regularly constituted
~ meeting thereof. Upon an amendment beirg proposed as he~ein pro-
~ vided the President or, in the event oP his refusal or failure to
~ act, the Board oP Directors, shall call a meeting of the member-
ship to be held not sooner than fifteen (15) days nor later than
sixty (60 ) days thereafter for the purpose of considering said amerri-
ment. Directors and membera not present in person or by proay at
the meeting considering the amendment may express their approval in
writint;, provided such approval is delivered to the Secretary at or
~ prior to the meeting. Except as elaewhere provided, such approvals
~ must be either by.: -
~
~ (a) Not less than seventy-five (75~) psrcent of the
entire membership of the Board oP Directors and not less
~ than fift one (51~ rcent of the Association; or
~ Y- ) Pe
~ (b) Not lesa than seventy-five (75~) percent of the
~ votes of the entire membership of the AssQCiation; or
~
~ (c) In the alternative, an amendment may be made
~
~ by an agreement signed and acirnar~rledged by all cotxiomi-
~ nium unit owners in the manner required for the execution
,
(d) Until the first election of Directors, and ~
so long as the original Directors,designated~in the
Certificate of Incorporation or successors to the said ~
original Directors appointed by the Developer, or elected
by the remainder of the original Directors to fill a
vacancy shall remain in office, gropoaal of an amendment _
aoo~188 ~186?
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