HomeMy WebLinkAbout2619 and all aenior or superior lier~s against the apartment plus the
amount due the Asaociatlon, nor ahall the limitation of this para-
graph apply to apartmenta~ be acquired by the Aasociation in lieu
of forecloaure of auah liene if the censideration t2,erefor doea
~ not eaceed the cancellation of such lien. -
,
15. Ri hta of Dev~e~_l~~o~
e~r. NotMithatard ing anything herein to the ~
contrary, ~ e everoper
s~II have the right of first rell~sal to purchase
any apartment unit which th~ Assoaiation ahall have the right to purchase
upon the same priae and at the same terma available to the Aasociation,
such right of first refl.isal to contiriue until auch time as the Developer
shall have completed, sold and closed on the sale of all ap~rtmenta in
the Condominium, or until t~ro yeara after the recordation oP this De- ;
claration, xhichever shall first occur. '
16. Com liance and default. Each apartmen~c oMner shall be gov-
erned by a s a comp y M e terms oP the Declaration of Condomi-
nium, Articlea of Incorporation and By-LaMS and the Regulationa adopted
pursuant to thoae 3ocuments, and all of such as they may be ame~ded
from time to time. Failure of an apartment oNner to comply Mith such
docuwents and regulations shall entitle the Association or athex~ apart-
ment o~rners to the Po1loNing relief in addition to the remedies pro-
vided by the Condominium Act:
16.1 Negli ence. An apartment owner shall be liable for
the eapense o ar~y maintenance, repair or replacement rendered _
necessary by his negligence or by that of any member of his faun-
ily or his or their guests, employees, agents or lessees, but ~
only to the extent that such expense is not met by the proceeds ~
of insurance carried by the Association. An apartment orrner ~
shall pay the Association the amount of any increase in its in-
surance premiums occasl.~oned by use, misuse, occupancy or abandon- ;
ment of an apartment or its appurtenances, or oP the com~on el- ~
ements, by the apartment o~rner.
16.2 Costs and attorne s' tees. In ar~ proceading arising
b~cause of an a ege ai ure o an apartment owner or the Asso-
ciation to cou~ly ~rith the terms of the Declaration, Articlea of
I Incorporation of the Association, the By-LaNS, or the Regulationa ~
adopted pursuant to them, and the documents arid regulations as ~
they may be amended f'rom time to time, the prevailing party shall
~ be entitled to ;ecover the costs of the proceeding, and the Asso-
ciation, 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 Association in arqr such action. ~
;
16.3 No r+aiver of rights. The failure of the Association
or any apar men oKner o en orce any covenant, restriction or ~
other provision of the Condominium Act, this Declaration, the Arti- _
cles oP Incorporation of the Association, the By-Laxs or the Regu-
lationa shall not conatitute a waiver of the right to do so there-
aPter.
1?. Amendments. Except as elseNhere provided otherwise, this De-
cla:ation o-on om nium and the Charter and By-Laws oP COIANNADES
CONDOMINIUMS ASSO'CIATION N0. 3, I~~• ~Y ~~~ed in the Po1loNing
manner:
~
17.1 Notice. Notice of the sub~ect matter of a proposed ~
amendment sfialT~e included in the notice of any meeting at which ~
a proposed amendment is to be considered. ;
17.2 A Resolution for the adoption oP a proposed amer~dment -
may be propos y e Board of Directors of the Aasociation or by ~
the members of the Association. Members may propose such an amend-
_ ~
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-20_ Eo~~ 193 2616
LAW OFFIGES OF GOLDSTEIN FRANKLIN. GNONIN Q SCtIRANK. P A. 202Q NOFTNEAST 163Ar, SiRFET NORTH MIAMI BEACH. FLORIDA 33162