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HomeMy WebLinkAbout1716 \ necessary u~der tt~e ctrcumstances, including i~junctive ~elief.- Upon a finding by the court that the violation complained of is willful and delibe~ate, the unit ow~er so violating shall ~eimburse the Association for reason- able attorney's fees i~cu~red by it in b~inging such ac- tion. Failure on the pa~t of the Association to main- tain such an action at~law or in equity within thirty ' (30) days f~om date of a written ~equest, signed by a i un i t owne~, sent to the Board of Di ~ectors , shal 1 autho- rize any unit owner to bring an action in equity or suit ~ at l~w on account of the violation, in the manner pro- vided for by the Co~dominium Act. Any violations which ' are deemed by the Boa~d of Oirectors to be a haz~ard to public health, may be corrected immediately as an emer- gency matter by the Association, and~the cost thereof shall be charged to the unit owner as a specific item which shall be a lien against said unit with the same force and effect as if the charge were a part of the cammon expense. ~ ; ~ Section 2. Ne li ence or Carelessness of Unit wner, etc. ~ All unit owners shall be liable for the expense of any maintenance, repair or replacement rendered nec- essary by his act, neglect or carelessness, or by that ~of any member of his family, or his or their guests, em- ployees, agents or lessees, but only to the extent that such expense is not met by the praceeds of insurance car- ~ied 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. Nothing herein contained, however, shall be construed so as to modify any waiver by insurance com- panies of rights of subrogation. The expense for any ~ maintenance, repair, or replacement required, as provided ; in this section, shall be cha~ged to said unit owner as~ ~ a specific item which sha11 be a lien again.st said unit E with the same force and effect as if the charge were a ~ part of common expense. : ~ Section 3. Costs and Attorney's Fees. I~ any pro- ceeding arising because of an alleged default by a unit owner, the prevailing party shall be entitled to recover the costs of the proceeding and such ~easonable attorney's fees as may be determined.by the Court. Section 4. No Waiver of Rights. The failure of ~ the Association or of a unit owner to enforce any ~ight, ~ provision, covenant or condition, which may be granted by the condominium documents shalt not constitute a waiver ~ of the right of the Association o~ unit owner to enfarce ~ such right, provision, covenant or condition of the future. s ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - 34 ~ ' s ~ ~ . ~ ~ ~ _ - _ - _ - ~ ' ~y,,.,j.r~ ~~s~., s~..-~~.~-':r._,.._~..,._ . _ ~"~`^~w a~~~.-a`'_ . _