HomeMy WebLinkAbout2676 shall be charged to the Unit 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 Expense.
Section 2. Ne li ence or Carelessness of Unit Owner, Etc.
Each Unit Owner sha 1 e cable or the expense o any maintenance,
repair or replacement rendered necessary by his act, neglect or
carelessness, or by that of any member of 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 Corporation. Such liability shall include any
increase in insurance rates occasioned by use, misuse, or abandon-
ment of any Unit or its appurtenances. Nothing herein contained,
however, shall be construed to modify any waiver by an insurance
company of its rights of subrogation. The expense of any mainte-
nance, repair or replacement required, as provided in this Section,
subject to the foregoing limitation, shall be charged to said
Unit 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 Attorney's Fees. In any proceeding
arising because of an alleged default by a Unit Owner, the prevail-
ing 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 Corpora-
tion or o a Unit Owner to enforce any right, provision, covenant
or condition which may be granted by the Condominium Documents
shall not constitute a waiver of the right of the Corporation or
Unit Owner to enforce such right, provision, covenant or .condition
in the future.
Section 5. Election of Remedies. All rights, remedies and
privileges granted to the Corporation or Unit Owner pursuant to
any terms, provisions, covenants or conditions of the Condominium s
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 exercising the r
same from exercising such other and additien?? _rights: remedies
or privileges as may be granted to such other party by the C_ondomi-
nium Docurents or at law or in equity.
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At any foreclosure sale of a Unit, the Board of Directors
may, with the authorization and approval by the affirmative 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 considered, acquire
~ in the name of the Corporation, or its designee, a Condominium
Unit being foreclosed. The-term "foreclosure", as used in this
~ Section, shall mean and include any foreclosure of any lien,
including the Corporation's lien for assessments. The power of
the Board of Directors to acquire a Condominium Unit 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
Corporation 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 to purchase a Unit at the foreclosure sale of a Unit due
to the foreclosure of the Corporation's lien for assessments
under the provisions of Article XI of the Declaration of Condominium
to which these Bylaws are attached and may bid more than the
amount necessary to satisfy said lien at such foreclosure sale.
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