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Home My WebLink About1677 and all aenior or superior liena againat the apartment plua the amount due the Asaociation, nor ahall the limitation ot thia para- graph apply to apartmenta to be acquired by the Aesociation in lieu ~ of forecloaure of auah liena 12' the conaideration therefor doea ~ not exceed the cancellation of such lian. ~ 15. Ri hta of Develo er. NotMithatnr~ding anything herein to the contrary, e eveIoper a have ths right -of first reilxaal to purchaae any apartment unit Mhich the Aasociation shall have the right to purchase upon the same price and at the same terma available to the Asaociation, such right of firat refusal to contiriue until auch time aa the Developer ahall have completed, sold and cloaed on the sale of all apn~'rtmenta in the Condominium, or until t~ro yeara after the recordation of this De- claration, r~?hichaver shall first occur. 16. Com liance and default. Each apartment oMner shall be gov- erned by a s a comp y r? e terms of the Declaration of Cordomi- nium, Articlea of Incorporation and By-LaMS ar~d the Regulationa adopted purauant to thoae documents, and all of auch as they may be amer~ded from time to time. Failure of an apartment oMner to comply ~ith auch documents a~nd regulations shall enti~le the Aasociation or othe r apart- ment or~mera to the folloxing relleP in addition to the remedies pro- vided by the Condominium Act: ` 16.1 Neg~l_~i~~gence. An apartment o~mer ahall be liable for the eapense o3ra-r~y maintenance, repair or replacement rendered necessary by his negligence or by that of any member of his fam- ily or hia or their guests, employees, agenta or lesaees, but only to the extent that such eapense ia not met by the proceeds of insurance carried by the Asaociation. An apartment orrner shall pay the Association the amount of any increase in its in- surance premiuma occasioned by use, misuse, occupancy or abandon- ment of an apartment or its appurtenances, or of the comaaon el- ements, by the apartment oMner. 16.2 Costs and attorne s' teea. In arp~ proceeding arising ~ because of an a ege a ure o an apartment oxner or th~e Asso- ciation to comply ~ith the terms oP the Declaration, Articlea of Incorporation of the Aasociation, the By-LnMS, or the Regulations ~ adopted pursuant to them, and the docum~ents and regulations as E they may be amended from time to time, the prevailing party shall ( be entitled to recover the coats of the proceeding, and the Asao- ~ ciation, if it ahall prevail, shall further be entitled to recover ; such reasonable attorneys' fees aa may be ar+arded by the Court, ! ~ provided, hawever, no attorneqa' feea shall be recovered againat ~ the Association in ar~ such action. 16.3 No r+aiver of ri ta. The failure of the Asaociation or any apar men oxner o en orce ar~,y covenant, restriction or other provision oP the Condominium Act, this Declaration, the Arti- cles of Incorporation of the Association, the By-Laxs or the Regu- lationa shall not constitute a Naiver of the right to do so there- after. ! ~ 1?. Amendments. Except as elsexhere provided otheraise, thia De-~ claration o on o nium and the Charter and By-Lar+s of COIANNADES ~ CONDOMIh'IUNIS ASSOCIATION N0. 3, INC. may be amerxied in the follo~?ing t ~ manner: ~ 17.1 Notice. Notice of the sub~ect matter of a proposed ~ amendment afia7TTie included in tYie notice of any meeting at r+hich ~ a proposed amendment is to be conaidered. ~ ~ 17.2 A Resolution for the adoption of a proposed amendment - ~ may be propoe e Board of Direators of the Aasociation or by the membera of the Aaaociation. Membera may.propose auch an amend- ~ ~ soaK Zy5 ~c if ii5 -20_ ~o~~ 193 26i6 ~ :~rr 4iriGE6 O~ GOLDSrc~r~ FRANKUN. CMONIN A 5G1~HA!JK P A ?(~"lU NOR1N[AST 10ln~~ 5IR1 [1 NORTN MMMI BEACN. ft,ORIOA j~lA1 ~ ~ _ _