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HomeMy WebLinkAbout0109 . . ARTICLE XIII COMPLIANCE AND DEFAULT Each dwelling unit owner shall be governed by and shall comply with the terms of the Declaration of Condominium, 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 tune . Failure of a dwelling unit owner to comply with such documents and regulations shall entitle the Association or other dvvelling unit owners to the following relief in addition to the remedies provided by the Condominium Act. ~ A. Negligence . A dwelling unit owner sha11 be liable for the eacpense of any maintenance, repair or replacement rendered necessary by his negligence or by that of any member of his family or his or their guests, employees , agents or Iessees , but only to the extent that such eacpense is not met by the proceeds of insurance carried by the Association. A dwelling unit owner shall pay the Association the amount of any increase iri its insurance premiums oc- ~ casioned by use, misuse, occupancy or abandonment of a dwelling unit or its appurtenances, i or of the common elements , by the dwelling unit owner . - B. Costs and Attorney's fees . In any proceedings arising because of an alleged failure of a dwelling unit owner or the Association to comply with the terms of the Declaration, Articles of Tncorporation of the Association, the By-Laws, or the Regulations adopted pursuant to them. and the documents 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 such reasonable attorney's ~ fees as may be awarded by the Court. C. No Waiver of Rights . The failure of the Association or any dwelling unit owner to enforce, any covenant, restriction or other provision of the Condominium Act, this Declara- tion, the Articles of Incorporation of the Association, the By-Laws or the Regulations. shall not constitute a waiver of the right to do so thereafter . ARTICLE XN AMENDMENTS Except as elsewhere provided otherwise, this Declaration of Condominium may be amended in the following manner: • A. Norice . Notice of the subject matter of a proposed amendment shall be included in the notice of any meeting at which a proposed amendment is considered . B. A resolution for the adoption of a proposed amendment may be proposed by either the Board of Directors of the Association or by the members of the Association. Directors and members not present in person or by pro~cy at the meeting considering the amendment may express their approval in writing, provided such approval is delivered to the Secretary at or prior to the meeting . Except as elsewhere provided, such approva2s must be either by: ~r: a ~ i~9 - -ZQ- Bi;OK PAGf