HomeMy WebLinkAbout0696 ARTICLE VIII.
CCMPLIA NCE A NL' L`ErAULT
Section 1. V iolations. In the event of a violation (other than the
non-pa.yment of an assessmen y a Linit Cwner of any of the provisions of-
the reclaration, the Exhibits or of the appli^able portions of the C~nd~minium
Act, the Association (by direction of its goard of AdminisEration) and/or the
Marraqement Firm, may notify such Unit Cwner by written notice of said
breach, tra;nsmitted by ma~i1, and if such violation shall continue for a period
of thirty (30) days from date of thP notice, the Associa.tion (through its
L~oard of Administration) and/or the Manag~ment Firm, shall have the right
to treat such violation as an intentional and inexeusable and mat~rial breach
of the reclaration, the E~hibits, or of the pertinent provisions.of the Condo-
minium Act, and the Association (and/or the Management Firm) may then,
at its option, elect to proceed in ~ne or m~re of the following rr~anners: ~
(a) An action at law to recover for damages incurred as a result
thereof; y
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. (b) An action in equity t~ enforce performance on the part of the
. U nit Cwner; or '
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An a~tion in equity f~r such equitable relief as may be necessary
under the cir~umstances, in~luding injunetive relief.
Upon a finding by the Court that the violation complained of is
wilful and deliberate, the Unit Cwner so violating shall reimburse the
Ass~ciation (and/or the Management Firm) for reas~nable ~.ttorney's fees
and costs in~urred in bringing and/~r prosecuting ~uch action. Failure on
the part of the Association (andJor the Management Firm) to bring an acti~n ;
for a violation within thirty (30) chys from t~a.te of a written request delivered '
to any Administr~tion and/or the Mana.gement Firm of a Unit Cwner to so do,
shall authorize any Unit Cwner to bring an a~tion as is herein auth~rized on _
; ac~ount of the violation. Any violafions whieh are deemed by the Poard of
! Administration and/or the Management Firm to be hazardous to public
~ health may be corrected immediately as an emerqency matter by the Assoc-.
~ iation, the Loard and/or the Mana.gement Firm, and the ~~st thereof shall be
~ charqed to the Unit Cwner(s) responsible for the sa.me, as a spe~ific item,
which shall be a lien against said ~init (or, in the ,^~.se of an Interval Cwner,
his- Interval Cwnership therein) and of the same force and effect as if the
charge were a common expense. . :
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Se~tion 2. Nectliqence or Carelessness of Unit Cwner, et~.
All Unit Cwners shall be liable for the expense of any maintenance, repair or
replacemen~ rendered neeessary by his act, non-act, neqlect or ca.relessness,
or by that ~f any mernber of his family, or his or their guests; employees,
agents or servants, but only to the extent that such expense i~ n~t met by the ;
proceeds of insuran~e a.rried by the Asso~ia.tion. Nothing herein conta.ined,
however, shall be construed s~ as to modify any ric,~ts of subrogation of such
insurer. The expense for any maintenance, repair or replacement required, f
~ as provided in this Section, shall be a lien against said [~nit (or hiG Interva.l ~
~ Cwr?ership) and of the same force and effect as if the ~harge were a common
expense. ~
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Section 3. Costs and Att~rnev's Fees. In any pro~eeding arising ~
because of an alleged default by a Unit Cwner and should he be judged to be in ~
~ violation, the prevailing party shall be entitled to recover the ~ost~ ~f the
~ proceeding and su~h reasonable attorney's fees as may be determined by the
~ w. R. scon r'ourt. ,
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