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HomeMy WebLinkAbout2222 A) Subject to the provieions of Article III, no alteration.in the percentage of awnership in COMMON PROPERTY appurtenant to each PRIVAT$ DiWELLING, or alteration of the basis for aharing common expenses and other apportionment of asseas- ments which may be levied by ASSOCIATION in accordance with the provisions hereof, or alteration of basis of ownerehip of COI~II~ION SURPLUS, or alteration of voting rights, ahall be made without written conaent of all of the owners of ' all PRIVATE DiWELLINGS and their respective mortgagees, being first had and obtained. ~ ; B) No alteration, amendment or modification of the righte and privileges grantecl and reserved hereunder in favor of an Institutional Lender of Institutional Lenders shall be made without written consent of all Institutional Lenders holding mortgages on PRIVAT$ D~WELLINGS in the CONDOMINItArI being ~ firat had and obtained. C) No alteration, amendment or modification of the riqhta and privileges granted and reserved hereunder in favor of DEVEIAPER, shall be made without the written consent of DEVEIAP$R being first had and obtained. X~IX. REMEDIES IN EVENT OF DEFAULT The owner or owners of each PRIVATE DWELLING shall be governed by and shall comply with tne proviaions of this Declaration of ~ Condominium, and the Articles of Incorporation and By-Laws of ASSOC~I~TION, a~ any of the same are now constitated or as they may be amended from time to time. A default by the owner or owners of any PRIVATE DWELLINGS sha21 entitle ASSOCIATION or the owner or owners of ; other PRIVATE DWELLINGS to the following relief: A) Failure to comply with any of the termB of this Declaration ; of Condominiwn or other restrictions and regulatione i contained in the Articles of Incorporation or By-Laws ~i i ASSOCIATION, or which may be adopted pursuant thereto, shall i ; be grounds for relief which may include, without intending ! to limit the same, an action to recover sums due for damages. F ~ injunctive relief, foreclosure of lien or any conbination - ~ • thereof, and which relief may be sought by AS30CIATION or, t . - ; if appropriate, by an aggrieved owner of a PRIVATE DiWELLING. ~ ~ ~ H) The owner or ownera of each PRNATE DpWELLING shall be ~ liable for the expense of any maintenance, repair or g replacement rendered necessary by his act, neglect or ~ carelessness, or by that of any member of his family, or ~ his or their guests, employees, agents or lesseea, 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 ~ use, mfsuse, occupancy or abandonment of a PRIVATE DWELLING ~ or its appurtenances. Nothing herein contained, however, ~ sha_11 be construed so as to modify any waiver by insurance ~ companies of rights of subrogation. `~.3 C) In any proceeding arising because of an alleged default by ; ~ the owner of any PRIVATE DWELLING, ASSOCIATION, if unsuccesaful, ~ shall be entitled to recov~er.: the costs of the proceeding, ~ and such reasonable attorney's fees as may be determined by the Court, but in no event shall the owner of any PRIVATE ~ DWELLING be entitled to such attorney's fees. ~ G~ D) The failure of ASSOCIATION or of the owner of a PRIVATE - DiWELLING to enforce any right, provision, covenant os condition which may be qranted by thia Declaration of Condominium or other above mentioned documents shall ~ not constitute a waiver to enforce such right, provision, ~ covenant or condition in the future. ~c~ ~ 600z 2~~ PACf ~z~'~ -2 5- ~CCX ~i~+V ~ S'1PIF.~.VOGE21., GOLDMAN AND CARUSO. P. A. • ATTORNEYS AT LAW - MERRITT ISLAND. fLORIDA _ _ .