Laserfiche WebLink
run with the land and shall be appurtenant to the benefited Property; (ii) shall supplement and not limit any <br />easements described elsewhere in this Declaration, or otherwise recorded; (iii) shall be permanent, subject only <br />to termination in accordance with the terms of the easement; and (iv) shall include reasonable access to the <br />easement areas over and through the Property for purposes of construction, maintenance, repair, replacement <br />and reconstruction. <br />12.12. Non -Interference: Impairment Prohibited. All Persons exercising easement rights shall do so in <br />a reasonable manner so as not to materially interfere with the operation of the Property or damage to the Property <br />and shall be financially liable for all costs of repair of any part of the Property which is damaged by the Person's <br />exercise of the easement rights. No Person shall impair, obstruct or cause damage to any easement area, or any <br />improvement or equipment installed therein. Notwithstanding anything in this Declaration to the contrary, no <br />Owner or Tenant shall be denied reasonable access to his or her Unit or the right to Utility services thereto. <br />12.13. Benefit of Easements. All easements benefiting a Unit shall benefit the Owners and Tenants of <br />the Unit, and their guests. However, an Owner who has delegated the right to occupy the Unit to an Tenant or <br />Tenants, whether by a lease or otherwise, does not have the use and other easements rights in the Property during <br />such delegated occupancy, except (i) as a guest of an Owner or Tenant or (ii) in connection with the inspection <br />of the Unit or recovery of possession of the Unit pursuant to law. <br />SECTION 13 <br />COMPLIANCE AND REMEDIES <br />Each Owner and Tenant, and any other Person owning or acquiring any interest in the Property, shall <br />be governed by and comply with the provisions of the Act, the Governing Documents, the Rules and Regulations, <br />and such amendments thereto as may be made from time to time, and the decisions of the Association. A failure <br />to comply shall entitle the Association to the relief set forth in this Section, in addition to the rights and remedies <br />authorized elsewhere by the Governing Documents or the Act. <br />13.1. Entitlement to Relief. Legal relief may be sought by the Association, at its discretion, against <br />any Owner, or by an Owner against the Association or another Owner, to enforce compliance with the Governing <br />Documents, the Rules and Regulations, the Act or the decisions of the Association. However, no Owner may <br />withhold any Assessments payable to the Association or take or omit other action in violation of the Governing <br />Documents, the Rules and Regulations or the Act, as a measure to enforce such Owner's position, or for any <br />other reason. <br />13.2. Remedies. In addition to any other remedies or sanctions, expressed or implied, administrative <br />or legal, the Association shall have the right (or the obligation if so indicated) to implement any one or more of <br />the following actions against Owners and Tenants and/or their guests, who violate the provisions of the <br />Governing Documents, the Rules and Regulations or the Act: <br />13.2.1. Commence legal action for damages or equitable relief in any court of competent <br />jurisdiction. <br />13.2.2. Impose late charges, in an amount determined by the Board in its reasonable discretion, <br />for each Assessment or installment thereof past due more than thirty days and impose interest at the <br />highest rate permitted by law accruing beginning on the first day of the month after the Assessment or <br />installment was due. <br />13.2.3. In the event of default of more than thirty days in the payment of any Assessment or <br />installment thereof, all remaining installments of Assessments levied against the Unit owned by the <br />defaulting Owner, together with any late payment charges, interest, attorneys' and other professional <br />fees and costs of collection, may be accelerated by the Board and shall then be payable in full if not paid <br />within ten days after receipt of notice from the Association. <br />23 <br />