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purchaser furnished by the Association shall default
in his agreement to -purchase, then notwithstanding
the disapproval, such ownership shall be deemed to
have been approved, and the Association shall furnish
a Certificate of approval as elsewhere provided,
which shall be recorded in the Public Records of St.
Lucie County, Florida, at the expense of the unit
owner.
11.3 Unauthorized Transactions. Any sale, mortgage
or lease Nhich is not authorized -pursuant to the terms of this
Declaration shall be void unless subsequently approved by the
Association.
12. COMPLIANCE AND DEFAULT. Each unit owner shall be
governed by and shall comp y with the terms of the Declaration
of Condominium, Articles of Incorporation, By-Laws and
Regulations adopted pursuant thereto and said documents and
regulations. as they may be amended from time to time. Failure
of a unit owner to comply therewith shall entitle the ~
Association or other unit owners to the following relief in
addition to the remedies provided by the Condominium Act:
12.1 Costs and Attorneys' Fees. In any proceeding
arising because of an alleged failure of a unit owner to comply
with the terms of the Declaration, By-Laws or the Regulations
adopted pursuant thereto, and said documents as they may be
amended from time to time, the prevailing party shall be -
entitled to recover the costs of the proceedings and such
reasonable attorneys' fees as may be awarded by the court.
12.2 No Waiver of Rights. The failure of the
Association or any unit owner to enforce any covenant,
restriction or other provision of the Condominium Act, this
Declaration, the Articles of Incorporation, the By-Laws or the
Regulat-ions adopted pursuant thereto, shall not constitute a
waiver of the right to do so thereafter.
13. AMENDMENTS. Except as elsewhere provided otherwise,
this Declaration of Condominium may be amended in the following
manner:
13.1 Notice. Notice of the subject matter of a
~ proposed amendment shall be included in the notice of any
a meeting at which a proposed amendment is considered.
13.2 Resolution of Ado tion. A resolution adopting a
~ proposed amendment ma be proposed by either the Board of
Directors of the Association or by the members of the
Association. Directoc~s and members not present in person or by
proxy at the meeting considering the amendment may express
their approval in writing, providing such approval is delivered
to the Secretary at or prior to the meeting. Except as
elsewhere provided, such approvals must be either by:
a. not less than seventy-five percent (75x) of
the entire membership of the Board of Directors and by not
less than seventy-five percent (75x) of the votes of the
entire membership of the Association; or
b. not less than eighty percent (80x) of the
votes of the entire membership of the Association; or
c. until the first election of directors, only
by all of the directors, provided the amendment does
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