.:, : .. . , . ,
<br /> i
<br /> ,' ,
<br /> subject to operation and regulation by the Association, and that the Units be and rema n "
<br /> private property subject to operation and regu�ation by th� respective Owners there f
<br /> and/or the Association,as applicable, all in compliance with the Governing Documents.
<br /> ; 12.13 Restriction on Third Partv Easement Grants. Except for Declarant in the exerci e
<br /> � of its rights under this Declaration, and except for the Board in the exercise of authority grant d
<br /> by ihe Governing �ocuments, no Person shall create, grant, or convey any easement r
<br /> comparable rights upon any portion of the Property without the prior written approvai of t e
<br /> Board; provided, that the Board shall authori2e an Owner to grant an easement over the Owner s
<br /> Unit if(i) the easement wil] not adversely affect the Comrnon Elements or another Unit and (ii)
<br /> the easement is consistent with the overall design and plan for the Property as established y
<br /> Deciarant and approved by the City.
<br /> �
<br /> 12.14 Continuation and Scone of Easements. Notwethstanding anything in th s �
<br /> , Declaration to the contrary, no Owner or Occupant sha11 he denied reasonable access to his r
<br /> her Unit or the right to utility services thereta. The easements set forth in this Section 12 sh lt i
<br /> supplement and not limit any easements described elsewhere in this Declaration or recorded, a d
<br /> shall include reasonabte access to the easement areas through the Units and the Comm n
<br /> Elements far purposes of maintenance, repair, replacement, and reconstruction. All easeme t
<br /> cights shall include a right of reasonable access to maintain, repair, and replace the utility lin s
<br /> and related equipment.
<br /> S�CT10N 13
<br /> COMPLIANCE AND REMEDIES
<br /> Each Owner and Occupant, and any other Person owning or acquiring any interest in t e
<br /> . Property, shall be governed by and comply with the provisions of ihe Act, the Governi g
<br /> Documents,and the Ruies and Regulations, and such amendments thereto as may be made fro �
<br /> time to time, and the decisions of the Association_ A failure, to comply sha11 entitle t e �
<br /> Association to the relief set forth in this Section, in addition to the rights and remedies authoriz d
<br /> elsewhere by the Goveming Documents and the Act.
<br /> 13.1 Entitlement to Relief. The Association may commence legal action [o recov r
<br /> sums due, for damages, for injunctive relief or to foreclose a lien owned by �it, or a y .
<br /> combination thereof,or an action for any other relief authorized by the Governing Documents r
<br /> available at law or in equity. Legal relief may be sought by the Association against any Owne , '
<br /> or by an (?wner against the Association or another Owner, to enforce compliance with t e
<br /> Governing Documents, the Rules and Regulations, the Act, or the decisions flf the Associatio .
<br /> However,no Owner may withhold any Assessments payabte to the Association, or take(or omi )
<br /> ather action in violation of the Governing Documents,the Rules and Regulations,or the Act, as a
<br /> measure to enforce such Owner's posiEion,or for any other reason.
<br /> 13.2 Remedies. In addition to any other remedies or sanctions, expressed or implie ,
<br /> administrative or legal, the Association shall have the right, but not the obligation, to impleme t
<br /> any one or more of the following actions against Owners and Occupants and/or their guests,wh
<br /> violate the provisions of the Governing Docuinents, the Rutes and Regulations, or the Act: �
<br /> � MPLS-Word 95281.1 I 3� ' .
<br />
|