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<br /> subject to operation and regulation by the Association, and that the Units be and r main '
<br /> ;private property subject to operation and regulation by thc respective Owners t ereof
<br /> and/or the Association,as applicable,al) in compliance with the Governing Docum�nts.
<br /> � 12.13 Restriction on Third Party Easement Grants. Except for Declarant in the e ercise
<br /> _ of its rights under this Declaration, and except for the Board in the exercise of authority anted
<br /> . by the Governing Documents, no Person sha�l create, grant, qr convey any easem nt or
<br /> comp�rable rights upon any portion of the Property without the prior written approval f the
<br /> . Baard;provided, that the Board shall authorize an Owner to grant an easement over the O ner's
<br /> Unit if(i) the easement will not adversely affect the Common Eiements ar another Unit d {ii)
<br /> the ea;sement is consistent with the overall design and plan far the Property as establis ed by
<br /> Declarant and approved by the City.
<br /> 12.14 Continuation and Scope of Easements. Notwethstanding anything i this �
<br /> , Declaration to the cantrary, no Owner or Occupant shall be denied reasonable access to his or
<br /> her Unit or the right to utility services thereto. The easements set forth in this Section I shall
<br /> suppl�ment and not limit any easements described elsewhere in this Declaration or record d, and
<br /> shall include reasonable access to the easement areas through the Units and Ehe C mmon
<br /> Elements for purposes of maintenance, repair, replacernent, and reconstructian. All ea ement
<br /> right$ shatl include a right of reasonable access to maintain, repair, and replace the utili y lines
<br /> and related equipment.
<br /> . . SECTION 13
<br /> .
<br /> COMPLIANCE AND REMEDIES
<br /> I
<br /> Each Owner and Occupant, and any other Person owning or acquiring any intere t in the
<br /> Prop�erty, shatl be governed by and comply with the provisions of the Act, the G erning
<br /> Docwments, and the Rules and Regulations, and such amendments thereto as may be ma e fram
<br /> time, to time, and the decisions of the Association. A failure ta comply shall en itle the �
<br /> Assdciation to the relief set forth in this Section,in addition to the rights and remedies au horized
<br /> elsew�here by the Governing Documents and the Act.
<br /> ; 13.1 Entitlement to Relief. The Association may commence legal action to I recover
<br /> sums due, for damages, for injunctive relief or to foreclose a lien owned by �it, or any .
<br /> corn��ination thereof, or an action for any other relief authorized by the Governing Docu ents or
<br /> avai7able at law or in equity, Le�al relief may be sought by the Association against an Owner, '
<br /> or by an Owner against the Association or another Owner, to enforce comp[iance ith the
<br /> Gouerning Documents, the Rules and Regulations, the Act, or the decisions of the Ass ciation.
<br /> However,no Owner may withhold any Assessments payable to the Association,or take or amit)
<br /> oth�r action in violation of the Governing Documents,the Rules and Regulations,or the ct, as a
<br /> me�sure to enforce such Owner's position,or for any other reason. �
<br /> 13.2 Remedies. In addition to any other remedies or sanctions, expressed or implied,
<br /> adr�inistrative or legal, the Association shall have the right, but not the obligation, to i plement
<br /> an}�one or more of the following actions against Owners and Occupants andlor their gu sts, who
<br /> vio�ate the provisions of the Governing Docuinents,the Rutes and Regutations,or the A t: '
<br /> i :
<br /> MPITS-Word 95281.11 3 l
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