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HomeMy WebLinkAbout0465 F. Amendment. This Article concerning termiration cannot be amencied-without consent of all Unit Owners and of all Institutional Mortgagees owning mortgages on the Units. ARTICLE XXV COMPLIANCE AND DEFALTLT Each Unit Owner and the Association shall be governed by and shall comply with the terms of this Declaration, the Articles of Incorporation and Bylaws of the Association, any Reguiations adopted pursuant to Chose documents, and the Condominium Act, as any of the foregoing may be amended from time to time. The Association and ilnit ~wners shall be entitled to the following relief in addition to the remedies provided by the Condominium Act: A. Costs and Attorneys' Fees. In any proceedin~ arising because ot an afl.egec~faifure of a Unit Owner or the Association to comply with the requirements of the Condominium Act, this.Declaration, the Articles of Incorporation and Bylaws of the Association~ or any Regulations adopted pursuant to those documents, as the same mav be amended from time to time, the prevailing party shall be entitled to recover costs of the proceedings and such reasonable attorneys' fees at both the trial and appellate levels as may be awarded by the Court. B. Nonwaiver. The failure o£ the Association or any Unit Owner to entorce any covenant, restriction or other provision of the Condominium Act, this neclaration, the Articles of Incorporation or Bvlaws of the Association or any Regulations adopted pursuant thereto shall nat constitute a waiver of the right to do so thereafter. ARTICLE XXVI SEPARABILITY OF PP.OVISIONS Invalidation of any covenants, conditions, ~limitations or provisiQns o~ this Declaration, the Conu~rninium Act, the Articles of Incorporation or Bylaws of the Association or anv Regulations adopted pursuant to the f_oregoing, shall in no wise affect the remair-ing part or parts thereof which are unaffected by such invalidation and the same shall remain effective. ARTICLE XXVII MISCELLANEOUS pROVISIONS A. Easement for Encroachments. The Unit Owners agree that if anv portion of a Condominium Unit or Common Element or Limited Common Element encroaches upon another, a valid easement for the encroachment and maintenance of same, as long as it stands, shall and does exist, In the event the Condominium Property is partially or totallv destroyed, and then rebuilt, the Owners of the Condominium Units agree that encroachments of parts of the Common Elements or Limited Common Elements or Condominium Units, as aforedescribed, due to construction, shall be permitted~ and tha±- a valid easement for said encroachments and the maintenance thereof shall exist. B. No Exemption from Assessments. The Owner of a Condominium Unit may not exempt himself from liability for his contribution toward Che Common Expenses by waiver of the use and enjoyment of any of the Common Elements, or by the abandonment of his Condominium i~nit. C. Ad Valorem Taxation. The Owners of each and every Condominium ~nit s-~a7~ return the same for the purpose of ad valorem taxes with the Tax Assessor of St. Lucie County, or ~ -20 ~1~t~~~V (~UC 1~~ Ig 8 ~ ..,_ _ . - -- _.