Exhibit A10 - Definitions |
Exhibit A
Article XI - Remedies for Default
December 7, 1990
Section A. Any default by a co-owner shall entitle the Association or anther coowner or co-owners to the following relief: 1. Failure to comply with any of the terms or provisions of the Condominium Documents shall he grounds for relief, which may include, by way of example and not as limitation, an action for recovery of damages, for injuctive relief, for foreclosure of lien (if default in payment of assessment) or any combination thereof. Such relief may be sought by the Association, of, if appropriate, by an aggrieved co-owner or co-owners. 2. In any proceeding arising because of an alleged default by a co-owner, the Association, if successful, shall be entitled to recover the costs of the proceeding and such reasonable attorneys' fees, (not limited to statutory fees) as may be determined by the Court, but in no event shall any co-owner be entitled to recover such attorneys' fees. 3. The violation of any of the provisions of the Condominium Documents shall also give the Association or its duly authorizcd agents the right, in addition to those rights set forth above, to enter upon the common elements, limited or general, and into any unit, where reasonably necessary, and summarily remove and abate, at the expense of the co-owner in violation, any structure, thing or condition existing or maintained contrary to the provisions of the Condominium Documents. 4. The violation of any of the provisions of the Condominiurn Documents by any co-owner shall be grounds for assessment by the Association, acting through its duly constituted Board of Directors, of monetary fines for such violations. No fine may be assessed unless Rules and Regulations establishing such fine have first been duly adopted by the Board of Directors of the Association and notice thereof given to all co-owners in the same manner as prescribed in Article II, Section 4 of the Association Bylaws. Thereafter, fines may be assessed only upon notice to the offending co-owner as prescribed in said Article II, Section 4, and on opportunity being given such co-owner to appear before the Board no less than seven (7) days from the date of such notice and offer evidence in defense of the alleged violation. All fines duly assessed may be collected in the same manner as provided in Article II of these Bylaws. No fine shall be levied for the first violation. No fine shall exceed $25 for the second violation, $50 for the third violation or $100 for any subsequent violation. Section B. The failure of the Association or of any co-owner to enforce any right, provision, covenant or condition which may be granted by the Condominium Documents shall not constitute a waiver of the right of the Association or of any such co-owner to enforce such right, provision, covenant or condition in the future. Section C. All rights, remedies and privileges granted to the Association or to any co-owner or co-owners pursuant to any terms, provisions, covenants and conditions of the aforesaid Condominium Documents shall be deemed to be cumulative and the exercise of any one or more shall not be deemed to constitute an election of remedies, nor shall it preclude the party thus exercising the same from exercising such other and additional rights, remedies and privileges as may be available to such party af law or in equity. |