02-18-2025 Planning Commission Packet

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23 Each Owner and Tenant, and any other Person owning or acquiring any interest in the Property, shall be governed by and comply with the provisions of the Act, the Governing Documents, the Rules and Regulations, and such amendments thereto as may be made from time to time, and the decisions of the Association. A failure to comply shall entitle the Association to the relief set forth in this Section, in addition to the rights and remedies authorized elsewhere by the Governing Documents or the Act. 13.1. Entitlement to Relief. Legal relief may be sought by the Association, at its discretion, against any Owner, or by an Owner against the Association or another Owner, to enforce compliance with the Governing Documents, the Rules and Regulations, the Act or the decisions of the Association. However, no Owner may withhold any Assessments payable to the Association or take or omit other action in violation of the Governing Documents, the Rules and Regulations or the Act, as a measure to enforce such Owner’s position, or for any other reason. 13.2. Remedies. In addition to any other remedies or sanctions, expressed or implied, administrative or legal, the Association shall have the right (or the obligation if so indicated) to implement any one or more of the following actions against Owners and Tenants and/or their guests, who violate the provisions of the Governing Documents, the Rules and Regulations or the Act: 13.2.1. Commence legal action for damages or equitable relief in any court of competent jurisdiction. 13.2.2. Impose late charges, in an amount determined by the Board in its reasonable discretion, for each Assessment or installment thereof past due more than thirty days and impose interest at the highest rate permitted by law accruing beginning on the first day of the month after the Assessment or installment was due. 13.2.3. In the event of default of more than thirty days in the payment of any Assessment or installment thereof, all remaining installments of Assessments levied against the Unit owned by the defaulting Owner, together with any late payment charges, interest, attorneys’ and other professional fees and costs of collection, may be accelerated by the Board and shall then be payable in full if not paid within ten days after receipt of notice from the Association. 13.2.4. Impose reasonable fines, penalties or charges for each violation of the Act, the Governing Documents or the Rules and Regulations. 13.2.5. Restore any portions of any Common Elements, Unit or Limited Common Elements damaged or altered, or allowed to be damaged or altered, by any Owner or Tenant or their guests in violation of the Governing Documents, and to assess the cost of such restoration against the responsible Owners and their Units. 13.2.6. Enter any Unit or Limited Common Element in which a violation or breach of the Governing Documents or the Rules and Regulations exists which materially affects, or is likely to materially affect in the near future, the health or safety of the other Owners or Tenants, or their guests, or the safety or soundness of any other part of the Property or the property of the Owners or Tenants, and to summarily abate and remove, at the expense of the offending Owner or Tenant, any structure, thing or condition in the Unit or Limited Common Elements which is causing the violation; provided, that any improvement which is a part of a Unit may be altered or removed only pursuant to a court order or with the agreement of the Owner. 13.2.7. Foreclose any lien arising under the provisions of the Governing Documents or under law, in the manner provided by the Act and Section 6. 13.3. Rights to Hearing. Before the imposition of any of the remedies authorized by Section 13.2.4, 71