HomeMy WebLinkAbout1106 ARTICLE IX
ADDITIONS AND ALTERATIONS
There shall bP no additions or alterations-to the Common
Elements or Limited Common Elements of the Condominium exc as
specifically provided for in the Declaration of Condominium.
ARTICLE X "
COMPLIANCE AND DEFAULT
Section 1. Violations. In the event of a violation (other
.than t e non-payment o an assessment) by the Unit Owner of any
of the provisions of the Declaration of Condominium, of these By-
Laws, or of the applicable portions of the Condominium Act, the
Corporation, by direction of its Board of Directors, may notify
the Unit Owner by written notice (transmitted by mail) of said
breach,~and, if such violation shall continue for a period of
thirty (30) days from date of mailing the notice, the Corporation,
through its Board of Directors, shall have the right to treat
such violation as an intentional, inexcusable and material breach
of the Declaration, of the By-Laws, or of the pertinent provisions
of the Condominium Act, as the case may be, and the Corporation
may then, at its option:
a. File an action at law, to recover for its damage on
behalf of the Corporation or on behalf of the other Unit Owners;
b. File an action in equity-to enforce performance on the
part of the Unit Owner; and
c. File an action in equity for such equitable relief as
may be necessary under the circumstances, including injunctive
relief .
Upon a finding by the Court that the violation complained of
is willful and deliberate, the Unit Owner so violating shall
reimburse the Corporation for reasonable attorney's fee incurred
by-it in bringing such action. Failure on the part of the Corpora-
. tion to maintain such action at law or in equity within thirty
(30) days from the date of a_ written request, signed by a'Unit
Owner, sent to the Board of Directors, shall authorize any Unit
Owner to-bring an action in equity or suit at law on account of
j the violations, in the manner provided for in the Condominium
Act. Any violations which are deemed by the Board of Directors
j to be a hazard to public health, may be corrected immediately as
-pan emergency matter by the Corporation, and the cost thereof
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, 8tc.
Each Unit Owner sha 1 be liable or 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 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 i
of the Common Expenses.
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