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0430 Old Crystal Bay Road North - 33-118-23-13-0016
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Garage Condos Declaration
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13.6. Liability for Acts of Owners and Tenants. An Owner shall be liable for the expense of any <br />maintenance, repair or replacement of the Property rendered necessary by such Owner's acts or omissions, or by <br />that of Tenants or guests in the Owner's Unit, to the extent that such expense is not covered by the proceeds of <br />insurance carried by the Association or such Owner or Tenant. However, any insurance deductible amount and/or <br />increase in insurance rates of the Association resulting from the Owner's acts or omissions may be assessed <br />against the Owner responsible for the condition and against his or her Unit. <br />13.7. Enforcement by Owners. The provisions of this Section shall not limit or impair the <br />independent rights of Owners to enforce the provisions of the Governing Documents, the Rules and Regulations, <br />and the Act as provided therein. <br />13.8. Pre_litiaation Requirement. Any litigation, administrative proceeding or other legal action <br />instituted or intervened in by or in the name of the Association, exclusive of any action (i) to collect Assessments <br />or foreclose Assessment liens, or (ii) to enforce the Governing Documents or the Rules and Regulations, is <br />subject to prior approval by the Owners of Units to which are allocated a majority [in excess of fifty percent <br />(50%)] of the total votes in the Association. Any litigation, administrative proceeding or other legal action <br />instituted or intervened in by or in the name of the Association involving a construction defect claim as defined <br />by Section 51513.1-103(1 la) of the Act requires compliance with Sections 515B.3-102(e) and (f), and 515B.4- <br />I I6(c) of the Act prior to commencement. <br />SECTION 14 <br />DECLARANT RIGHTS <br />Declarant hereby reserves exclusive and unconditional authority to exercise the following declarant <br />rights within the meaning of Section 515B. M03(331)) of the Act, and other rights described in this Section, for <br />as long as it owns a Unit, or for such shorter period as may be specifically indicated: <br />14.1. Complete Improvements. To complete all the Buildings, Units and any other improvement <br />indicated on the Plat, or otherwise included in Declarants development plans, or authorized by the City or the <br />Declaration, and to make improvements in the Units owned by the Declarant and Common Elements to <br />accommodate the exercise of any declarant rights. <br />14.2. Relocate Boundaries Subdivide Combine Convert and Alter Units. To relocate boundaries <br />between Units, subdivide, combine and convert Units and to otherwise alter Units owned by it, to the extent <br />permitted by the Act in and accordance with Section 14.8. <br />14.3. Marketing Facilities. To construct, operate and maintain a sales office, management office, <br />models, and other development, sales and rental facilities within the Common Elements, and within any Units <br />owned or leased by Declarant from time to time located anywhere on the Property or on the Additional Real <br />Estate. <br />14.4. Suns. To erect and maintain signs and other sales displays offering the Units for sale or lease, <br />in or on any Unit owned by Declarant and on the Common Elements or on the Additional Real Estate. <br />14.5. Easements. To have and use easements, for itself, its employees, contractors, representatives, <br />agents, prospective purchasers or other invitees through and over the Common Elements and Limited Common <br />Elements for the purpose of exercising its declarant rights. <br />14.6. Control of Association. To control the operation and administration of the Association, <br />including without limitation the power to appoint and remove the members of the board pursuant to Section <br />51513.3-103 of the Act, until the earliest of: (i) voluntary surrender of control by Declarant, (it) conveyance to <br />Owners other than Declarant of seventy-five percent of the total number of Units authorized to be included in <br />
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