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Such liability shall include any increase in insurance rates
occasioned by use~ misuse, or abandonment of any l~nit or
its appurtenances, Nothing herein contained. huwever~
shall be construed to modify any waiver by an insurance
company of its rights of subrogation. The exnense of an~~
maintenance~ repair or replacement required, as provi.ded
in this Section, subject to the fore~oinR limitation,
shall be charged to said Unit Owner as a specific item~
which shall be a lien against said tlnit wi.th the same
force and effect as if the ~harge were a part o~ the
Common ~xpenses.
Section 3. Costs and Attorne~ '~_s~ fees. In any nroceed-
ing arising because ot an a~lege~de~ault ~y a iinit Owner,
the prevailing party shall be entitled to recover the costs
of the proceeding and such reasonable attorney's fees as
may be determined by the Court.
Section 4. No Waiver of Rights. The failure of the
corporation or of a~nit C~wner to enforce any right, ~rovision,
covenant or condition which may be granted bv the Condominium
Documents shall not constitute a waiver of the ri~ht of
the corporation or Unit Owner to enforce such right, provision,
covenant or condition in the future.
Section S. Election of Remedies. All ri~hts, remedies
and privileges granted to the corporation or Unit Owner nursuant
to any terms, provisions, covenants or conditions of the
Condominium Documents shall be deemed to be cumulative
and the exercise of any one or more shall not be deemeci to
constitute an election of remedies, nor shall it preclude
the party thus exercising the same from exercising such
other and additional rights, remedies or privileges as mav
be granted to such other party by the Conciominiwn Documents
or at law or in equity. ~ .
At any foreclosure sale of a ilnit, the Board of nirectors
may, with the authorization and approval by the affirmative
vote of voting members casting not less ~than sixty (EO~o)
percent of the total votes of the members nresent at an_y
regular or special meeting of the members wherein said
matter is considered, acquire in the name of the corporation,
or its designee, a Condominium tlnit being ~oreclosed. The
term "foreclosure", as used in this Section, shall mean and
include any foreclosure of any lien, includin~ the corporation's
lien for assessments. The power of the Board of ni_rectors
to acquire a Condominium Unit at any foreclosure sale
shall never be interpreted as any requirement or obligation
on the part of the said Board of Directors or of the corporation
to do so at any foreclosure sale, the provisions hereof
being permissive in nature and for the purpose of setting
forth the power in the Board of Directors to do so should
the req_uisite approval of the voting members be obtained.
The Board of Directors shall not be required to obtain the
approval of Unit Own~rs to purchase a Unit at the foreclosure
sale of a Unit due to the foreclosure of the corporation's
lien for assessments under the provisions of Article
of the Declaration of Condominium to wt~ich these Bvlaws
are attached and may bid more than the amount necessary
to satisfy said lien at such foreclosure sale.
ARTICLE XI
NnTICES
Whatever notices are required to be sent hereunder
shall be effective only if delivered or sent in accordance
with the applicable provisions for notices set forth in
the Declaration of Condominium to which these Bylaws are
attached.
6~OK349 e~~~ 506