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and all senior or su~erior liens against the apartment plus the
amount due the Association, nor shall the limitation oP thia para- `
graph apply to apartment9 to be acquired by the Asaociation in lieu
of foreclosure of such liens if the consideration therefor doea
• not exceed the cancellation oP such lien.
15. Rip,hts of Developer. Notwithstar~ding anything herein to the
contrary, e eve oper s have the right of firat re2tisal to purchase
any apartrr.ent unit which the Aasociation 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 auch time as the Developer
shall have completed, sold and closed on the eale of all apartmenta in
the Condominium, or until two years after the recordation of this De-
claratlon, whichever shall first occur.
16. Compliance and default. Esch apartment owner shall be gov-
erned by a s a comp y w e tern~ of the Declaration of Condomi-
nium, Articles oP Incorporation and By-Iaws and the Regulations adopted
pursuant to those documents, and all of such as they may be amerxied
from time to time. Failure of an apartment owr~er to comply with such
documents and regulations shall entitle the Asaociation or other apart-
ment owners to the following relie~ in addition to the rewediea pro- ~
vided by the Condominium Act:
16.1 Negligence. An apartment oxner shall be liable for
the expense o ar~y maintenance, repair or replacement rendered
necessary by his negligence or by that of any member oP his fam-
ily or his or their guests, employeea, agents or lessees, but
only to the eatent that sucn expense is not met by the proceeds
of insurance carried by the Association. An apartment owner
shall pay the Association the amount of any increase iri its in-
surance premiua~s occasioned by use, mieuse, occupancy or abandon-
~ ment of an apartment or its appurtenancea, or of the comm4n el-
ementa, by the apartment owner.
~ 16.2 Costs and attorneys' fees. In ar~y proceeding arising
I
! 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 Asaociation, the By-Laws, or the Regulations !
; adopted purauant to them, arid the documents and regulations as ~
P they may be amended from time to time, the prevailing party shall ~
~ be entitled to recover the coats oP the proceeding, and the Asso- I
~ ciation, if it ahall prevail, shall further be entitled to recover F
fi such reasonable attorneys' fees as may be awarded by the Court, t
~ provided, however, no attorneys' feea shall be recovered against
~ the Aasociation in ar~y auch action.
~ i
; 16.3 No waiver of riqhts. The failure of the Association
~ or any apar men owner o en orce any covenant, restriction or
~ other provision of the Condominium Aet, this Declaration, the Arti-
cles of Incorporation of the Association, the By-Laws or the Regu-
~ lationa shall not conatitute a waiver of the right to do so there-
N after.
.
F` 17. Amendments. Except as elsewhere provided otherwise, this De-
claration o on om nium and the Charter and By-Iaws of COIANNADES
. CONDOMINIUMS ASSOCIATION N0. 4, INC. may be amended in the Pollowing
manner: ~
~Kp
~ 17.1 Notice. Notice oP the sub~ect matter of a proposed
amer~dment s~ialTFe included in the notice oP any meeting at which
a proposed amendment ia to be considered.
17.2 A Resolution Por the adoption oP a proposed amendment
= may be propoae~""E'Fie
Board of Direators ot the Asaociation or by
~ the membera of the Asaoaiation. Members may propose auch an amend-
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LAW OFRICEB OF GOLDiiTE1N. FRAHKLIN, GHOfi1H ~ iCMRANK, r. A., Z020 NORTH[AaT IA~~D iTREET. NORTM MIAMI BEACN. FLORIGA 33162