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HomeMy WebLinkAbout0756 12.2 NECt'^ENCE. A unit owner shall be liable for the expense of any .._~ntenance, repair or replacement made neces- sary by his negligence or by that of any member of his family or his or their guests, employees, agents or lessees, but only to the extent that that expense is not met by the proceeds of insurance married t,y the Association. I2.3 COSTS AND ATTORNEYS' FEES. In any proceeding arising because of an alleged failure of a unit owner or the Association to comply with tt~e requirements of the Condominium Act, this Declaration, the Articles of Incorporation of the Association, the ey-laws, or the Regulations, and those items as they may be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorneys' fees as may be awarded by the court. 12,4 NO WAIVER OF RIGHTS. The failure of-the Associa- tion or any unit owner to enforce any covenant, restriction or other provision of the Condominium Act, this Declaration, the Articles of Incorporation of the Association, the By-laws or the Regulations shall not constitute a waiver of the right to do so thereafter. 13. AMENDMENTS. Except as elsewhere provided, this Declaration of Condominium may be amended in the following manner: 13.1. NOTICE. Notice of the subject matter of a proposed amendment shad be included in the notice of_ any meeting at which a proposed amendment is considered. 13.2. ADOPTION. A resolution for the adoption of a proposed amendment may be proposed by either the board of directors of the Association or by the members at a meeting called for this purpose. Directors and members not present in person or by proxy at the meeting considering the amendment may express their approval in writing, providing that approval is delivered to the secretary at or prior to the meeting. Except as elsewhere provided, the approvals must be either by a. not less than 608 of the entire membership of the board of directors and by not less than 518 of the votes of the entire membership of the Association; or 5. not less than 608 of the votes of the entire membership of *_he Association; or ~ , c. not less than 508 of the entire membership of t!~e board of d irectors in the case of amendments that are only for one or more of the following purposes: (1!. To correct misstatements of fact in the Declaration and its exhibits, including but not limited to the correction o` _~.rrors in the legal description of land or in surveys of _and. If the amendment is to correct the Declaration of Condominium so that the total of the undivided shares of unit owners in either the common elements, common surplus or common expenses shall equal 1008, the owners of the units and the owners of liens on the units for which modifications in the shares are being ~ made also shall approve the amendment. _ -24- ~I 801 ~J~c) PRGE / ~ . - - r_.