HomeMy WebLinkAbout0658 carelessness, or by that of any member of his family, or his or ~
their guests, employees, aqents or lessees, but only to the extent
that such expense is not met by the proceeds of insurance carried
by the Association. Such liability shall include any increase in
insurance rates occasioned by use, misuse, or abandonment of any
unit or its appurtenances. Nothinq herein contained, however, shall
be construed so as to modify any waiver by an insurance company of
its rights of subroqation. The expense for any maintenance, repair
or replacement required, as provided in this Section, shall be
• charged to said uriit owner as a specific item, which shall be a
lien against said unit with the same force and effect as if the
charge were a part of the common expenses.
Section 3. Costs and Attorne 's Fees. In any proceeding
arising because of an a ege e au t y a unit owner, the prevailing
party shall be entitled to recover the costs of the proceeding and
such reasonable attorney's fees as may be determined by the Court.
Section 4. No Waiver of Rights. The failure of the Asso-
ciation or of a unit owner to en orce any right, provision, covenant
or condition which may be qranted by the Condominium documents, shall
not constitute a waiver of the right of the Association or unit owner
to enforce such right, provision, covenant or condition of the future.
Section 5. Election of Remedies. All rights, remedies
and privileges granted to t e Association or unit owner, pursuant
to any terms, provisions, covenants or conditions of the Condomi-
nium documents, shall be deemed to be cumulative and the exercise
of any one or more shall not be deemed to constitute an election
of remedies, nor shall it preclude the party thus exercisinq the
same from exercising such other and additional rights, remedies
or privileges as may be granted to such other party by Condominium
documents or at law or in equity.
At any foreclosure sale of a unit, the Board of Directors
may with the authorization and approval by the aff irmative vote
of voting members casting not less than sixty (60$) percent of
the total votes of the members present at any regular or special
meeting of the members wherein said matter is voted upon, acquire
in the name of the Association, or its designee, a Condominium
parcel being foreclosed.~ The term "foreclosure", as used in this
Section,-shall mean and include any foreclosure of any lien, inclu-
ding the Association's lien for assessments. The power of the
f Board of~Directors to acquire a Condominium parcel at any foreclosure
~ ~ sale shall never be interpreted as any requirement or obligation on
~ the part of the said Board of Directors or of the Association to do
~ so at~any foreclosure sale, the provisions hereof being permissive
in nature and for the purpose of setting forth the power in the
Board of Directors to do so.should the requisite approval of the
voting members be obtained. The Board of Directors shall not be
required to obtain the approval of unit owners at the foreclosure
sale of a unit, due to the foreclosure of the Association's lien
for assessments under the provisions of Article X, of the Declara-
tion of Condominium to which these By-Laws are attached, notwith-
standing the sum the Board of Directors determines to bid at such
foreclosure sale. ~
ARTICLE XI
NOTICES
Whatever notices are required to be sent hereunder shall
~ be delivered or sent in accordance with the applicable provisions
= for notices as set forth in the Declaration of Condominium to which
~ these By-Laws are attached.
~ ARTICLE XII
~ INDEMNIFICATION
The Association shall indemnify every Director and every
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