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HomeMy WebLinkAbout1502 the limitations hereof shall not apply to apartments to be purchased ~ at public sale resulting fro~n a foreclosure oP the Association' a lien for delinquent assessments Nhere the bid of the Aasociation does not exceed the aggregate of the amounta due by virtue o~ ar~y and all senior or superior liens against the apartment plua the amount due the Association, nor shall the ~imitation of thia para- ~ graph apply to apartments to be acquired by the Association in lieu of foreclosure of such liens if the consideration therefor does ; not exceed the cancellation of such lien. ~ 15. Rights of Developer. NotNithstanding anything herein to the ~ contrary, eve oper s a have the right oP first refusal to purchase any apartment unit which the Association ahall have the right to purchase upon the same price and s~t the same terms available to the Asaociation, such right of first refusal to continue until such time as the Developer shall have completed, sold and closed on the sale of all apartmenta in the Condominium, or until two years after the recordation of thia De- claration, whichever shall first occur. 16. Compliance at~d default. Each apartment owner shall be gov- erned by a s comp y r+ e terms of the Declaration of Cor~domi- nium, Articles of Incorporation and By-LaNS and the Regulations adopted pursuant to those documents, and all of such as they may be amerd ed from time to time. Failure of an apartment oMner to comply Kith such d ocuments and regulations shall entitle the Association or other ap~rt- ment owners to the follo~ing relief in addition to the remedies pro- vided by the Condominium Act: ~ 16.1 Negligence. An apartment owner shall be liable for } the expense o any 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 lessees, but = only to the eatent that such expense is not met by the proceeds of inaurance carried by the Association. An apartment owner ~ shall pay the Association the amount of any increase in its in- surance premiurr~s occasioned by use, misuse, occupancy or abandon- ment of an apartment or its appurtenances, or of the coumon el- ~ ements, by the apartment owner. ~ ~ 16.2 Costs and attorneys' fees. In any proceeding arising ~ because of an a'7. ege a ure o an apartment owner or the Asso- = ciation to comply Kith the terms of the Declaration, Articles of Incorporation of the Asaociation, the By-LaMS, or the F.egulations , _ 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 Asso- = ciation, if it shall prevail, shall further be entitled to recove r = such reasonable attorneys' fees as y be aaarded by the Court, provided, however, no attorneys'~ ees shall be recovered against " the Association in any such action. re ~ 16.'~ No xaiver 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 Incorporation of the Association, the By-LaNS or the Regu- lations shall not constitute a waiver, of the right to do so there- after. _ - I7. Amendments. Except as elsewhere provided otherxise, this De- - claration o on om nium and the Charter and By-Larrs of COIANNADES CONDOMINIUMS ASSOCIATION N0. 5, INC. may be amer~ded in the following = manner: 17.1 Notice. Notice of the sub~ect matter of a proposed amendment sFiZZ-be included in the notice of any meeting at which - 0 a proposed amendment is to be considered. _ ~ 17.2 A Resolution for the adoption of a proposed amer~d ment may be propose y e ard of Directors of the Aasociation or by " ~ the membera of the Association. Members may propose such an amerd - - ment by instrument in Nriting directed to the President or Secre- r" tary of the Board signed by not leas than ten (10~) percent o£ the ~ _ ~ _ - -19- ~ LAW OFFICES OF GOlD5TE1N. FRANKI.IN. CHONIN Q SGHRANK. P. A., 2020 NORTHEAST 163po STREET, NORTH MIAMI BEACH. FLORIDA 39162 '