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02-14-2005 Council Packet
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02-14-2005 Council Packet
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21.03 Riyht to Cure. In the event that any owner violates any covenant or fails to perform <br />any condition contained in this Declaration, the Association may perform the act, remove the defect <br />or correct the violation upon thirty (30) days written notice to the owner. If the Association so acts <br />on behalf of an owner, the Association may levy an assessment against the owner's Unit for the cost <br />of the performance or correction as a Maintenance Assessment as provided in Section 10.04. <br />21.04 Sanctions and Remedies. In addition to any othci remedies or sanctions, expressed or <br />impiied, administrative or legal, the Association shall have the right, but not the obligation, to <br />implement any one or more of the following actiorts against owners and occupants and/or their <br />guests, who violate the provisions of the Declaration or Bylaws, the Rules and Regulations or the <br />Act: <br />A. Commence legal action for damages or equit^le relief in any court of <br />competent jurisdiction. <br />B. Impose late charges of up to 15% of each late payment of an assessment or <br />installment thereof. <br />C.In the event of default of more than 30 days in the payment of any assessment <br />or installment thereof, all remaining installments of assessments assessed <br />against the Unit owned by the defaulting owner may be accelerated and shall <br />then be payable in full if all delinquent assessments, together with all costs of <br />collection and late charges, are not paid in full prior to the effective date of <br />the acceleration. Rcasionablc advance written notice of the enbetive date of <br />the acceleration shall be given to the defaulting owner. <br />D.Impose reasonable fines, penalties or charges for each violation of the Act, <br />the Declaration or Bylaws, or the Rules and Regulations of the Association. <br />E.Restore any portions of the Commem Elements or Limited Common Elements <br />damaged or altered, or allowed to be damaged or altered, by any owner or <br />occupant or their invitees in violation of the Declaration or Bylaws, and to <br />assess the cost of such restoration against the responsible owners and their <br />Units. <br />V.Foreclose any lien arising under the provisions of the Declaration or Bylaws <br />or under law, in the manner provided for the foreclosure of mortgages by <br />action or under a power of sale in Minnesota. <br />21.05 Lien for Charges. Penalties. Etc. Any assessments, charges, flnes, penalties, or <br />interest imposed under this Article shall be a lien against the Unit of the owner against whom the <br />same are imposed and the personal obligation of such owner in the same manner and with the same <br />priority and effect as assessments under Article 10.00. The lien shall attach as of the date of <br />J
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