HomeMy WebLinkAbout1130
-- 27. Miscellaneous
27.1 Developer's Rights. Notwithstanding 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 owRS any unit in the Condomin.ium. Developer shall
have the right to transact any business necessary to consu~~ate
sales of said :~nits, including, but not limited to, the right to
maintain model apartments, have signs, employees, and offices, use
the cor,unon elements and show units. Sales office signs and all
items pertaining to sales shall not be considered co~Jnon elements
and shall remain the property of the Developer.
27.2 Limitatior. of Liabilitx.
(a) The liability of the owner of a unit for cor.unon
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 e;ements 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 DecZaration 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 provioed
6y 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 (inc2uding appellate
attorney's fees) incurred by it in bringing such action, as
deternined 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
cf 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 there~f, or of
any interest therein, and his heirs, executors, ad~inistrators,
successors and assigns, shall be bound by all of the provisions of
the Delcaration and exhibits hereto and any amendments thereof.
27.5 Severabilit~. If any of the provisions of this
Declaration, by-Laws or Articles of Incorporation of the
Association, or of the Condominium AcL, or any article, section,
clause, Fhrase, word, or the application thereof, in any .
circumstances is held invalid, the validity of the remainder of
this Declaration, By-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
~-31 `~F 346 ~~~E 1128
BJ1K