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Declaration of Covenants,~Restrictions And Easements, the Amended
Articles of Incorporation and these Amended By-Laws for liens created
by any type of default.
B. Negligence or Carelessness of Dwelling Unit Owner.
Each Dwelling Unit Owner shall be liable for the expense of 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 Association. Such liability-shall include any increase
in insurance rates occasioned by use, misuse, occupancy or abandon-
ment of any Dwelling Unit or .its appurtenances. Nothing herein con- -
tained, however; shall be construed so as to modify any waiver by
insurance companies of rights of subrogation. The expense for any
maintenance, repair or replacement required, as provided in this -
Section, shall be charged to said Dwelling Unit Owner as-a specific
item, which shall be a lien against said Dwelling Unit and. enforce-
able in the same mannQr as set forth in the Amended Declaration of
Covenants, Restrictions And Easements, the Amended Articles of In-
corporation and these Amended By-Laws for liens created by any type
j of default.
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C. Costs and Attorneys Fees. In any proceec?ing
arising because of an alleged .breach by a Dwelling Unit Owner, the .
prevailing party shall be entitled to recover the costs of the pro-
~ ceeding and reasonable attorneys fees. `
D. No Waiver of Rights. The failure of the Associ-
ation-or of a Dwelling Unit Owner to enforce any right, provision,
covenant or conditions which may be created by the Amended Declara-
-lion of Covenants, Restrictions and Easements, Amended Articles of -
.Incorporation or these Amended By-Laws shall not constitute a waiver
of the right of the Association to enforce such right, provision,
f -
~ covenant or condition in the future.
~ E. No Election of Remedies. All rights, remedies
and privileges granted to the Association or Dwelling Unit Owner,
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