03-17-2025 - Agenda Packet Planning Commission - PC Packet

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30 reasonable attorneys’ fees and other professional fees, and interest (at the highest rate allowed by law) on the delinquent amounts owed to the Association. Such expenses shall also include any collection or contingency fees or costs charged to the Association by a collection agency or other Person acting on behalf of the Association in collecting any delinquent amounts owed to the Association by an Owner or Tenant. Such collection or contingency fees or costs shall be the personal obligation of the Owner of the Unit and shall be a lien against such Owner’s Unit. 13.6. Liability for Acts of Owners and Tenants. An Owner shall be liable for the expense of any maintenance, repair or replacement of the Property rendered necessary by such Owner’s acts or omissions, or by that of Tenants or guests 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 rates of the Association resulting from the Owner’s acts or omissions may be assessed against the Owner responsible for the condition and against his or her Unit. 13.7. Enforcement by Owners. The provisions of this Section shall not limit or impair the independent rights of Owners to enforce the provisions of the Governing Documents, the Rules and Regulations, and the Act as provided therein. 13.8. Pre-litigation Requirement. Any litigation, administrative proceeding or other legal action instituted or intervened in by or in the name of the Association, exclusive of any action (i) to collect Assessments or foreclose Assessment liens, or (ii) to enforce the Governing Documents or the Rules and Regulations, is subject to prior approval by the Owners of Units to which are allocated a majority [in excess of fifty percent (50%)] of the total votes in the Association. Any litigation, administrative proceeding or other legal action instituted or intervened in by or in the name of the Association involving a construction defect claim as defined by Section 515B.1-1 03(11a) of the Act requires compliance with Sections 515B.3- 102(d) and (e), and 515B.4-116(c) of the Act prior to commencement. SECTION 14 DECLARANT RIGHTS Declarant hereby reserves exclusive and unconditional authority to exercise the following declarant rights within the meaning of Section 515B.1-103(33b) of the Act, and other rights described in this Section, for as long as it owns a Unit, or for such shorter period as may be specifically indicated: 14.1. Complete Improvements. To complete all the Buildings, Units and any other improvement indicated on the Plat, or otherwise included in Declarant’s development plans, or authorized by the City or the Declaration, and to make improvements in the Units owned by the Declarant and Common Elements to accommodate the exercise of any declarant rights. 14.2. Relocate Boundaries, Subdivide, Combine, Convert and Alter Units. To relocate boundaries between Units, subdivide, combine and convert Units and to otherwise alter Units owned by it, to the extent permitted by the Act in and accordance with Section 14.8. 143