HomeMy WebLinkAbout1777 A) Subject to the provieione of Article III, no alteration in
the percentage of ownership in CO1~M+jON PR~OP$RTY appurtenant
to each PRiVAT$ bWSLLING, or alteration of the basis for
sharing connnon expensea and other apportionment of aeseas-
menta which may be levied by ASSOCIATION in accordance with
the provisions hereof, or alteration of basis of ownership
of COMMON SURPLUS, or alteration of voting righta, sha11
be made without written consent of all of the owners of
alI PRIVATE DiWELLINGS and their respective mortgagees,
being first had and obtained.
B) No alteration, amendment or modification of the righte and
privilegea qranted and reserved hereunder in iav~g of an
Instttutiona2 Lender of Institutional Lendere ahall be tnade
wft~ic~t~~ written cor~sent of all Inatitutional Lendere holding
mortgages on PRIVAT~ DiWEL2.IriGS in the CONDOMINIUM being
first had and obtained.
C) No alteration, amendment or mod~ication of the riqhts and
privileges granted and reserved hereander in favor of
DEVELOPBR, ahall be made without the written consent of
D~VELOP$R being first had and obtained.
7~XX .
~ REMEDIES nl EVENT OF DBFAUI,T :
t
The owner or awners of each PRIVAT$ DiWELLING shall be governed t
by and shall comply with ti~e provisione of this Declaration of
Condominium, and the Articies of Incorporation and By-Laws ot
ASSOCIATION, as any of the same are now conetituted or as they may be
amended from time to time. A defaalt by tne awner dr awners of any y
PRIVATE D°WBLLINGS shall entitle ASSOCIATION or the owner or ovmers of
other PRIVATE DWE7,I,INGS to the following relief:
A) Failure to comply with any of the terms of this Declaration
of Condominium or other restrictions and regulations
contained in the Articles of Incorporation or By-Laws of f
ASSOCIP,TION, or which may be adopted pursuant thereto, shall
be grounds for relief which may include, without intending
to Zimit the eame, an action to -recuver sums due for damages,
injunctive relief, foreclosure of lien or any conbination
~ thereof, and which relief may be sought by ASSOCIP,TION or,
if appropriate, by an aggrieved owner of a PRIVATE DiWELLING.
E
; B) The owner or ownera of each PRIVATE DWELLING shall be
liable for the expense of any maintenance, repair or
replacement rendered necessary by his act, neglect or
~ carelessness, or by that of any member of his family, or ~j
` his or their gueets, emplo~ees, agents or lessees, but only
to the extent that such expense is not met by the proceeds
~ of insurance carried by ASSOCIATION. Such.liability shall
~ ~include any increase in fire insurance rates occasioned by
t use, misuse, occupancy or abandonment of a PRIVATE DWELLING
E or its appurtenances. Nothxng herein contained, however,
shall be construed so as to modify any waiver by insurance
cotapanies of rights of subrogation.
; C) In any proceeding arising because of an alleged default by s
; the owner of any PRIVATE DWBLLING, ASSOC7ATION, if unsuccesaful, ~
~ sha11 be entitled to recov~er: the coata of the proceeding,
` and such reasonable attorney's fees as may be determined by
t the Court, but in no event shall the owner of any PRIVATE
` D~WELLING be entitled to such attorney's fees.
~
D) The failure of ASSOCIATION or~bf the owner of a PRIVATE -
_ DWELLING to enforce any right, provision, covenant or
condition which may be granted by this Declaration of
Condominium or other above mentioned documents shall
Y not constitute a waiver to enforce such right, provision,
~ covenant or condition in khe fature.
- ~ ~ 1~`73
Q j~~ 2 -25- ftC~ ~.(..V
S1PIELVOGEL. GOLDMAN AND CARUSO, P, A. - ATTORNEYS At LAW - MERRITT ISLAND. FLORIDA
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