HomeMy WebLinkAbout1878 18. COMPLIANCE AND DEFAULT.
Each apartment owner will be governed by and will comply
with the terms and provisions of this Declaration, the Articles
of Incorporation and Bylaws of the Association, the Long Term
Lease, the Management Agreement, and the rules and regulations
adopted pursuant to those documents, as they may be amended from
time to time. FaiZure of an apartment owner-to comply with such
documents and rules and regulations will entitle the Association-
its Board of Directors, or apartment owners, to the following
reli.ef, in addition to the remedies provided by the Condominium
Act or otherwise: ~
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18.1 - Increase in Insurance Premiums. An apartment owner
will pay the Association the amount o any increase in its
insurance.premiums occasioned by use, misuse, occupancy or
abandonment of an apartment or its appurtenances, or of the
common elements, by the apartment owner.
18.2 - Costs and Attorne s' Fees. •In any proceeding
arising because of an alleged fai ure of an-apartment owner or
_the Association to comply with the terms of this Declaration,
the Articles of Incorporation and Bylaws of the Association,
the Long Term Lease, the Management Agreement, or the rules and
regulations adopted pursuant to those documents, as they may -
be amended from time to time, the prevailing party will be
entitled to recover the costs of the proceeding and such reason- ~
able attorneys' fees as may be awarded by the court.
18.3 - No Waiver of Ri hts. The failure of the Association
or its Board o Directors, or o~ any apartment owner to enforce
any covenant, restriction or other provision of the Condominium
Act, this Declaration, the Articles of Incorporation and Bylaws
of the Association, the I,ong Term Lease, the Management Agreement,
or the rules and regulations adopted pursuant to those documents
will not constitute a waiver of the right to do so thereafter.
;
19: AMENDMENTS~.
Except as elsewhere provided otherwise, this Declaration
may be amended in the following manner: -
19.1 - Notice. Notice of the subject matter of a proposed
amendment will beincluded in the notice of any meeting at which
a proposed amendment is considered. t
19.2 - A Resolution for the adoption of a proposed amend- '
ment may be proposed by either the Board of Directors of the
Association or by the members of the Association. Directors and
members not present in person or by proxy at the meeting con-
sidering the amendment may express their approval in writing,
provided such approval is delivered to the Secretary at or prior
to the meeting. Except as elsewhere provided, such approvals
must be either by: -
a. not less than seventy-five per cent (75$) of
the entire membership of the Board of Directors, by not less than
seventy-five per cent (75$) of the votes of the entire membership
of the Association, and by the owners of not less than seventy-
five per cent (75$) of the common elements of this condominium.
However, an amendment of this Declaration for the sole purpose
of setting forth a modification of or amendment to the Articles
of Incorporation or Bylaws of the Association need not have the ~
approval of the owners of not less than seventy-five per cent ,
(75$) of the common elements of this condominium. ;
s
b. until the first election of directors, only by
all of the directors, provided the amendment does not increase
or decrease the number of apartments nor alter the common elements.
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FEE. PARKER & FEE. P. A.
ATTORNEVS AT LAW ~`Jq~ G`
POST OFFICE BOX 1000 ~ i
FORT PIERCE. FlOR10A 33450
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