HomeMy WebLinkAbout2350 title to an apartment at a duly advertised public sale with open bidding
provided by law,.such as but not limited tA execution sale, foreclosure -
sale, judicia~ sale, or tax sale.
12.6 Unauthorized Transactions: Any sale, mortgage or
lease not authorized pursuant to the ternLS of this Declaration shall be
wid unless suk~quently approved by the Association.
12.7 Abtic~ Of Lien Or Suit:
(a) Notioe of Lien: An a~partxnent uaner shall give
notice t~o the Association of ev~ry lien upon his apartment other than for
peYtnitted m~rtyages, taxes and special assessments, within five (5) days
after the attaching of the lien.
(b) Notice of S~it: An apartm~nt awner shall give
notice t,o the Association of every suit or other proc~.~ding which may
affect the title tA his apartment, such notioe to be given wi.thin five
(5) days after the apartment awner receives lvxywledge of the suit.
(c) Failure ~ oa~ly with this subsection c~ncP~ning
notice of liens or suits will r~t affect the validity of any judi.cial sale.
XII I. aC1NPLIANCE AI~ID D~AULT :
Each apart~nent owner shall be governed by and shall oa~ly
with ttie terntis of the Declaration of O~rxiominiun, By-Iaws, and Regulations
adopted pursuant thereto, and said doc~anents and regulations as they may be ~
amer~ded from time tro tirc~. Failure of apartm~nt awners to vQ~ly tt~rewith
shall entitle the Association or other apartment aaners to the follaving re- _
lief in addition t~o the remedies provided in the Qor~daniniun Act:
13.1 Negligence: An apartment cywner shall be liable for the
expense of any maintenance, repair or replacesrent rendered necessary by his
negligenc.~ or by that of any ~r of his family or of his or their guests,
enployees, agents or lessees, but only tA the extent that such expense is
not met by the proceeds of insurance carried by the Association. An apart-
E ment awner shall pay the As.sociation the amc~unt of any increa.se in its in-
~ surance premiuns occasioned by use, misuse, occupancy or ab~aixbrn~ent of an
i aparhnent or its appurtenances, or of the amnnn elanents~ the apartment
E awner.
~ 13.2 Cost And Attorneys' Fees: In any proceeding arising
~ because of an alleged failure of an ap~a.rtment a~mer or the Association to
~ ar~ly with the te~ of the Declaration, Articles of Inoorporation of the
Association, the By-I,aws, or the Regulations adopted pursuant to than, and '
~ the Doc.~nts and Regulations as they may be ~nended from time to time, the
~ prevailing party shall be entitled t~o recover the c~ost of the proceedings
~ and such reasonable att,orn~ys' fees as may be awarded by the Cburt.
~ 13.3 No Waiver Of Rights: The failure of the Association
~ or any apartic~ent awner to enforoe any o~venant, restriction or other pro-
vision of the Coridaniniun A+ct, this Declaration, the Articles of Inoorpora-
tion of the Association, the By-Iaws or the R~gulations shall not oonstitute
~ waiver of the ri ht to do so thereafter.
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~ ~ccept as elsewhere provided otherwise, this Declaration of
Qondaninii~n may be amendc.~d in the foilawing manner:
- 14.1 Notice: l~btice of the subject matter of a pr~o~osed
°Fky amer~nt shall be included in the notice of any meeting at which a proposed
amer~dment is considered.
- 14.2 Resolution: A r~lution for the adaption of a pro-
~J posed amendment may be proposea by either the Board of Direct,ors of the Asso-
ciation or the mat~rs of the Association. Directors anci manbers nat present
~'Y in rson or ro at the mee oonsider the a~nerx~me.nt ma ress
Pe bY P xY tl-n9 in9 Y~P
- . their approval in writing, provided such approval is delivered to the Sec-
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` CARL F. ELLWAN6iR ATTORNEY AT LAW P. O. OOX ta60 STUART. FLORIDA 3J494
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