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HomeMy WebLinkAbout2033 all apartments in the Condominium, or until two years after the recorda- ~ tion of this Declaration, whichever shall first occur. 16. Compliance and default. Eacli aparfiment owner shall be governed by and shall comply with the tern?s of the Declaration of Condo- minium, Articles of Incorporation and By-Laws, and the Regulations adopted pursuant to those documents, and all of such as they may be amended from time to time. Failure of an apartment owner to comply with such docu- ments and regulations shall e~?title the Association or other apartment owners to the fQ~c~ing relief in addifiion to the remedies provided by the Condominium Aci. - 16.1 Ne~,ligence. 11n apartment owner shall be liable for the expense of any mai.ntenance, repair or replacement rendered necessary by his negligei~ce or by that of any members ot his family or his or their guests, employees, agents or lessees, but only to the extent that such expense is not met by the _ proceeds of insurance carried by the Association. An apart- ment owner shall pay the Association the amount of any increase in its insurance premiums occasioned by use, misuse, occupanc~/ or abandonment of an apartment or its appurtenances, or of the comnon elements, by the apartment avner. 16.2 Costs and attorneys' fees. In any proceeding arising because of an alleged failure of an apartment owner or the Association to comply with the terms of the Declaration, • Articles of Incorporation of the Association, the By-Laws or the Regulations adopted pursuant to them and the docu- ments and regulations as they may be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding, and the Association, if it shall . prevail, shall further be entitled to recover such reasonable attorneys' fees as may be awarded by the Court, provided, however, no attorneys' fees shall be recovered agai.nst the Association in any such action. ; 16.3 Ne waiver of rights. The failure of the Association ; or any apartment owner to enforce any covenant, restriction 4 or other provision of the Condominium Act, this Declaration, E the Ar•ticles of Incorporation of the Association, the By-Laws ; or the Regulations shall not constitute a waiver of the right to do so thereafter. • ~ ' 17. Amendments. Except as elsewhere provided otherwise, this ~ Declaration of Condominium and the Charter and By-Laws of COLONNADES ~ ? CONDOMINIUMS ASSOCIATION N0. 11 , INC., may be amended in the following ~ manner: ~ ~ ~ 17.1 Notice. Notice of the subject matter of a proposed ~ amendment shall be included in the notice of any meeting at ~ which a proposed amendment is to be considered. ~ ~ ~ 17.2 A Resolution for the adoption of a proposed amendment ~ may be proposed by the Board of Directors of the Association ~ or by the members of the Association. Members may propose such ~ an amendment by instrument in writing directed to the President or Secretary of the Board signed by not less than ten (10i7 per cent of the membership. Amendments may be proposed by the - Board of Directors by action of a majority of the Board at any regularly constituted meeting thereof. Upon an ~mendment ~ being proposed as herein provided the President, or, in the - event of his refusal or failure to act, the Board of Directors, - shall call a meeting of the membership to be held not sooner than fifteen (15) days nor later than sixty (60) days there- F~ after for the purpose of considering said amendment. Directors - and members not present in person or by proxy at the meeting • ~ J;~ - Z1 BOOK237 PAGE2031 j' - 5=r ~ ?i~ tSj ~R E~y . _ _ : ` C+ ' ~ _ ' _ "C'4re~ - - - ,,~'P ~.hs'"".`..'..,a. . _ _ _ a _ . . ~ F..: ~ .