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10-10-2005 Council Packet
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10-10-2005 Council Packet
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n.'’ <br />3.three years from the first conveyance of a Unit to an Owner other than <br />Declarant. <br />19.00 AMENDMENTS <br />19.01 Declaranfs Joinder. In addition to the other requirements for amendment of this <br />Declaration and the Bylaws contained herein, so long as Declarant owns a Unit, the written joinder <br />and consent of the Declarant shall be .cquired for any amendment of either the Declaration or <br />Bylaws. This right may be waived in whole or part at any time by recording a written waiver <br />executed and acknowledged by Declarant. <br />20.00 COMPLIANCE AND REMEDIES <br />20.01 Compliance . Each ownei and occupant and any other person owning or acquiring any <br />interest in the Real Estate, shall be governed by and comply with the provisions of the Act, this <br />Declaration and Bylaws, the Rules and Regulations, the decisions of the Association, and such <br />amendments thereto as may be made from time to time. A failure to comply shall entitle the <br />Association to the relief set forth in this Section, in addition to the rights and remedies authorized <br />elsewhere by the Declaration, Bylaws or the Act. <br />20.02 Entitlement to Relief. The Association may commence legal action to recover sums <br />due, for damages, for injunctive relief or to foreclose a lien owned by it, or any combination thereof, <br />or an action for any other relief authorized by the Declaration or Bylaws or available at law or in <br />equity. Legal relief may be sought by the Association against any owner, or by an owner against the <br />As.socintion or another owner, to enforce compliance with the Declaration or Bylaws, the Rules and <br />Rcgulutiuns, the Act or the decisions of the Association. However, no owner may withhold any <br />assessments payable to the Association, or take (or omit) other action in violation of the Declaration <br />or Bylaws, the Rules and Regulations or the Act, as a measure to enforce such owner's position, or <br />for any other reason. <br />20.03 Right to Cure. In the event that any owner violates any covenant or fails to perform <br />any condition contain,xl in this Declaration, the Association may nerform 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 />20.04 Sanctions and Remedies. In addition to any other remedies or sanctions, expressed or <br />implied, administrative o“ legal, the Association shall have the right, but not the obligation, to <br />implement any one or more of the following actions against owners and occupants and/or their <br />guests, who violate the provisions cf the Declaration or Bylaws, the Rules and Regulations or the <br />Act: <br />A.Commence legal action for damages or equitable relief in any court of <br />competent jurisdiction. <br />■l' ^m.
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