04-25-2005 Council Packet - Laserfiche WebLink

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imposition of the remedy. All remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be deemed a waiver of the right to pursue any others. 21.06 Costs ofProceedings and Attorneys Fees. With respect to any collection measures, or any measures or action, legal, administrative, or otherwise, which the Association takes to enforce the provisions of the Act, Declaration, Bylaws or Rules and Regulations, whether or not finally determined by a court or arbitrator, the Association may assess the violator and its Unit with any expenses incurred in connection with such enforcement, including without limitation fines or charges ineviously imposed by the Association, reasoiuible attorneys, fees, and interest (at the highest rate allowed law) on die delinquent amounts owed to the Association. 21.07 IJahilitv for Owners* and Occupants* Acts. An owner shall be liable for the expense of ally maintenance, rqiair or replacement of the Pn^iefty rendered necessary such owner ’s acts or (Hiiissions, or by that of teiumts or invitees in the owner's Unit, to the extent that such expense is not covered by the proceeds of insurance carried by the Association or such owner or tenant However, any insurance deductible amount and/or increase in insurance resulting fiom the owner's acts or omissions may be assessed against the owner responsible for the condition and against its Unit 21.08 Rnfnrcement bv Owners. The provisions of this Section shall not limit or impair the independent rights of other owners to enforce the provisions of the Declaration, Bylaws, the Rules and Regulations, and the Act as provided therein. 22.00 MISCELLANEOUS 22.01 Association Acts through Board. The power and authority of the Association as provided in the ^licable Statutes, the Declaration, Bylaws, and Rules and Regulations shall be vested in a Board of Directors elected by the owners in accordance with the Bylaws of the Association. The Association shall act through the Board ofDirectors and the officers elected by the Board; aocordirtgly, all references in the Declaration and Bylaws to action by the Association shall mean the Board of Directors acting for the Association, imless action by t^ vote of the owners, memben or mortgagees is expressly required by the Declaration, Bylaws, or the Act 22.02 Notices . Any notice required to be sent to any owner or the Association under the provisions of this Declaration shall be deemed to have been received sent when mailed, postage prepaid, to the last known address of such member appealing on the records of the Association at the time of such mailing or to the address of the Association, except that a notice changing the address of a member shall be effective on receipt by the Associatioit in the case of multiple owners of a Unit, to any one of such owners shidl te deemed notice to all.I I I V- 22.03 Captions. The headings in this Declaration are intended for convenience only and shall not be given any substantive effect. 22.04 Construction , far the event ofan apparent conflict between this Declaration and the Bylaws, the provisions of this Declaration shall govern. The use of pronouns such as "it”, "its”. 1