HomeMy WebLinkAbout1452 shall be eligibs.e far voluntaxy transfer until aryd u~less all assessnents, dues,
and ather sudi payn~nts due including Palm~ents due the Dev~elo~per have been made. .
Ai~I'ICGE VI. SI~STANrIAL ADiDITIQ~S -OR ALRERATICNS
Stiibsequ~Zt t~o Cessation of t, there shall be no substantial
additions ar alteratians tA t.he Oo~taaon Elsnents ar(X~aman Gb-Use Areas unless the
sane are autharized by the Board and ratified by the affinnative vote of the
m~bers casting ryot less than 75$ of the to~tal vot~es of the O~mers p~esent at
anY regular o~r speci.al meet.inq of the O~mers called far that purpose. Prior to
Cessatian of De~relagnent the Oond~aainiua may be in~reased bo incluc~e other L~its,
Oamm~ Elenents, ~mnc~ Oo-Use Areas, and Easanents. Zhis may have t1~e effect of
either increasing ar cleGreasing the - size of a Pa~roel but shall in r~c e~rent affect
the indi.vidual Units. This a~ay be aoc~Yplished either by the joint action of the
Board and the Dev~elvper or by the Developer.
ARTIQE VII. ~+~'LIAriCE AI~ID ~E~LII.T
Section 1. Viol.ati~s. In the event of a violatian (other than the
~ nor~yment of an assessrent) by an Owner of any of th~e paowisions of the Declara-
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tion os these By~-Iaws, ar of tbe applicable portions of the Qon3aainiua Act, the
i Association, by dir~c.-tion of its Board, may mtify the Owr~er by writt~en n~tioe
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~ of said bseach, transnitted by mail, and if su~ch violatian shall ~tinue for a
~ periad of thirty (30) days from the date of the notioe, the Asaociati.an, thra~gh
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its Board ar if p~rior bo Cessatiasi of , the De~relcper, . shall hav~e the
ric~t to treat su~ch violatiea as an inte~ti,ot~al, in~ocusable and material b~each
of the Declaratiori, of tb~e By~-Laa~s o~ of the pertii~t p~+ovisia~s of the ~orr3o-
miniun Act, and may th~en, as its vptioci, hav~e the followinq electioas:
~ (1) An action at law to reoov~er for its daanage an behalf of itself oar an behalf
~ of the othes Owners: (2) an action in equity to ez~foroe perfonnan~oe on the part
of the Unit Ow~~er: ar (3) an action in equity for sudi eqaitable relief as may be
neoessaxy taYler the c' , including injvnctive relief. Upai a findi~g
by ti~e ~ aaurt that the viol,at,ion of is wiZlful and deliberate, the
Owr~r so violati~g shall reimburse the party b~i~gir~g such ackion fo~ reasonable
attorr~ey's fees incurred. Failure an the part of the Agsociation t4 maintain such
600K 2Q1 PACE1450
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