HomeMy WebLinkAbout0816 1 Z. 7. Notice Of l.ien Or Suit:
(a) 1Votice of Lien: An apartment ownei• shall
give notice to the Association of evex y lien upon his apartment other than for-
permitted mortgages, taxe~ and special assessments, within fivP (5) days
after the attaching of the lien.
(b) Notice of Suit: An apartment owner shall
give not:ce to the Association of every suit or other proceeding which may
affect the title to his apartment, such notice #o be given within five (5) days
after the apar::nent owner receives kno~~~ledge ef the suit.
(c) Failure To Comply with this subsection con-
cerning notice of liens or suits will not affect the validity of any judicial sale.
~II. CONIPLIA\TCE A~ID DEFAULT:
Each apartment ownei• shall be governed by and shall com-
ply with the terms of the Declaration of Condominium, Bylaws, and Regulations
adopted pursuant thereto, and said documents and regulations as they may be a-
mended from time to time. Failure of apartment owners to comply therewith
shall entitle the Association or other apartment ov~rners to the following relief in
addition to the remedies provided in the Condominium Act:
~ 13. 1. Negligence: An apartment o~vner shall be liable
for the expense of any maintenance, repair or replacement rendered necessary
by his negligence or by that of an3• member of his family or of his or their
guests, employees, agents or lessees, but only to the extent that such expense
is not met by the proceeds of insurance carried by the Association. An apart-
ment owner shall pay the Association the amount ~f any increase i.n its insurance
premiums occasioned by use, misuee, occupancy or abandonment of an apartment
' or its appurtenances, or of the common elements, by the apartment o~vner.
13. 2. Cost And Attorneys' r ees: In any proceeding aris-
~ ing because of an alleged failure of an apartment owner or the Association to
comply ~rith the terms of the Declaration, Articles of Incorporation of the Asso-
~ ciation, the Byla~vs, or the Regulations adopted pursuant to them, and the Docu-
~ n-~ents and Regulations as they may be amended from time to time, the prevailing
party shall be entitled to recover the cost of the proceedings and such reasonable
attorneys' fees as may be awarded by the Court. ~ -
~ 13.3. No Waiver Of Rights: The failure of the Association
or any apartment o~vner to enforce any covenant, restriction or other pr~vision
of t~ie Condominium Act, this Declaration, the Articles of Incorporation of the
Association, the Bylaws or the Regulations shall not constitute a wai~er of the
right ta do so thereafter.
~ YIV. AZ~IENDIIENTS:
~
Except as elsewhere provided other~vise, this Declara-
tion of Condomini~im may be amended in the fo3loiving manner:
~ 14. 1. Notice: ~otice of the subject matter of a proposed
amendment shall be included in the notice of an,y meeting at ~tirhich a proposed
~ amendr.ient is considered. ~
~
~ 14. 2. Resolution: A resolution for the adoption of a
~ proposPd amendment may be proposed b~~ either the Board of Directors of
~
~
~
~ - ~ ~
~ .
~ -19-
~
` CARL F. ELLWAN~ER IRTTORNEY AT LAW P. O. BOX f85E STUART. FL~JRIOA 3SIf1+
~ j - ` _
~i - _ _ 'a:,
~ . _ ~ . . _ _