Loading...
HomeMy WebLinkAbout0191 the limitations hereof shall not apply tto apartments to be purchased ~ at public sale resulting from a for~closure of the association~ s lien for delinquent assessments where the bid of the Association ~ does not exceed the ag3regate of the amounts due by virtue of ar~y - and all senior or superior liens against the apartment plus the amount due the Association, nor shall the limitation of this para- graph apply to apartments to be acquired by the Association in lieu ef forec?osure of such liens if the consideration therefor does _ not exceed the cancellation of such lien. 15. . Ri hts of Develo er. Ivotwithstanding anything herein to the contra: y, e eve oper s a have the right of ~'irst refusal to purchase ~ any apartment unit which the Association shall have the right to purchase ~ upon the same price and at the same terms available to the Association, such right of first refusal to continue until suGh time as the Developer shall have completed, sold and closed on the sale of all apartments in the Condominium, or until two years after the recordation of this De- claration, whichever shall first occur. 16. Com liance and default. Each apartment ov~mer shall be gov- erned by an s a comp w e terms of the Declaration of Corr3omi- nium, Articlea of incorporation and By~Laws and the Regulations adopted pursuant to those documents, and all of such as they may be amer~ded f rom time to time. Failure of an apartment owner to comp ~y with such documents and regulations shall entitle the association or other apart- ment owners to the follow3ng relief in addition to _ the remedies pro- vided by the Condominium Act: 16.1 Ne li ence. An apartment owner shall be liable for tne expense o any maintenance, repair or replacement rer~dered 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 extent that such expense is not met by the proceeds Vl 1L15U1'cLil~;C ~;aii`'i`'1CU vy V,ic n$.ivi.i~avivia• ~ai u"~y~°.i Vla~i±V v^:°.~» shall pay the Association the amount of any increase in its in- ; surance premiums occasioned by use, misuse, occupancy or abandon- ; ment of an apartment o r its appurtenances, or of the comnon el- ~ ements, by the apartment owner. ! ~ 16.2 Costs ~nd attorne s~ fees. In any proceeding arising ; because of an a ege a ure o an apartment owner or the Asso- ~ ciation to comply with the terms of the Declaration, Articles of ~ Incorporation of the Association, the By-Laws, or the Regulations ~ adopted pui~suant to them, and the documents and regul~itions as ~ they may be amended from time to time, the prevailing party shall ~ < be entitled to recover the costs of the proceeding, a the Asso- ~ ciation, if it shall prevail, shall further be entitled to recover - such reasonable attorneys~ fees as may be awarded by the Court, pr~ovided, however, no attorneys' fees shall be recovered against ~ the Association in any such action. ~ ~ 16.3 No waiver of rights. The failure of the Association ~ or any apar men owner o en orce ar~y covenant, restriction or ~ other provision of the Cor~dominium act, this Declaration, the Arti- ~ cles of Incorporation of the Association, the By-Laws or the Regu- 5 lations shall not constitute a waiver of the right to do so there- _ ~ : tii L~l'• ~ ~ t ri 17. ~?mendments. r.xcept as elsewhere provided otherwise, this De- ~ claration o 0 om nium and the Charter and By-Laws of COLONNADES ` CONDOMINIUMS ASSOCZATION N0. 6, INC. may be amended in the following - manner: 1?.1 Notice . Notice of the sub~ect matter of a proposed = amendment siFalTTie included in the notice of any meeting at which ~ a proposed amendment is to be considered. ~~'P 17.2 A Resolution ~'or tY,e adoption of a proposed amer~dment may be propose y e ard of Directors of the Association or by the members of the Association. Members may propose such an amend- ment by instrument in writing directed to the President or Secre- tary of the Board signed by not less than ten (10¢) ercent of the b R 1g0 PAGE 1~1 ' - BOOK ~ = -19- ~AW OFFICES OF GOLDSTEIN. FRANKLIN. CHONIN 8 SCHRANK. P. A.. 2020 NORTHEAST 163no STREET, NORTH MIAMI BEAGH. FLORIDA 33182 ~ i -`s ~ . < ~ . _ _ _