HomeMy WebLinkAbout0981 27. Miscellaneous
27.1 Developer's Rights. Notwithstandiny any other
provision in this Declaration, Developer is irrevocably empowered
to sell condominium units on any terms to any purchaser for as
long as its owns any unit in the Condominium. Developer shall
have the rig qt to transact any business necessary to consummate
sales of said units, including, but not limited to, the right to
maintain model apartments, have signs, employees, and offices, use
the common elements and show units. Sales office signs and all
items pertaining to sales shall not be considered common elements
and shall remain the property of the Developer.
27.2 Limitation of Liability.
(a) The liability of the owner of a unit for common
expenses shall be limited to the amounts for which he is
assessed from time to time in accordance with the Declaration
and exhibits:
(b) The owner of a unit may be personally liable for
_ acts or omissions of the Association.in connection with the
use of the common elements but only to the extend of his
prorata share of his interest in the common elements and then
in no case in an amount greater than the value of his unit.
A unit owner shall be liable for injuries or damages
resulting from an occurance in his own unit to the same
extent and degree that the owner of a house would be liable _
for an occurrence within his house.
27.3 Remedies for Violation. Each unit owner shall
be governed by and conform with the Declaration and exhibits
hereto. Failure to do so shall entitle the Association or any
unit owner to recover damages or obtain injunctive relief or both,
but such relief shall not be exclusive or other remedies provided
by law. Should the Association or any unit owner find it
necessary to bring court action to bring about compliance with the
law, this Declaration, or the exhibits hereto, upon a finding by
the court that the violation complained of is willful and
deliberate, the owner so violating shall reimburse the party
bringing suit for reasonable attorney's fees (including appellate
attorney's fees) incurred by it in bringing such action, as
determined by the court.
27.4 Covenants run With The Land. All provisions of
the Declaration and exhibits attached hereto, and amendments
thereof, shall be construed as covenants running with theland, and
of every part thereof and interest therein, including but not
limited to every unit and the appurtenances thereto, and every
unit owner and occupant of the property or any part thereof, or of
any interest therein, and his heirs, executors, administrators,
successors and assigns, shall be bound by all of the provisions of
the Delcaration and exhibits hereto and any amendments thereof.
27.5 Severability. If any of the provisions of this
Declaration, by-Laws or Articles of Incorporation of the
Association, or of the Condominium Act, or any article, section,
clause, phrase, word, or the application thereof, in any
circumstances is held invalid, the validity of the remainder of
this Declaration, ey-Laws, Articles of Incorporation, or the
Condominium Act, and of the application of any such provision,
action, sentence, clause, phrase, or word, in other circumstances,
shall not be affected thereby.
27.6 Notices. Except when expressly provided
otherwise, whenever notices are required to be sent hereunder, the
same may be delivered to unit owners, either personally or by
mail, addressed to such unit owners at their place of residence in
DC-31
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