11-28-2016 Council Packet - Laserfiche WebLink

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10.9 Governmental Assessments. In the event that the Association fails to perform any of its obligations pursuant to this Declaration and such obligations were imposed by or for the benefit of the City, the County, or any other governmental or quasi -governmental entity, such governmental or quasi -governmental entity shall be entitled to pay and perform the obligations of the Association in connection therewith and to levy, impose, enforce and collect the costs so paid or incurred by such entity by an equal assessment on each of the Lots, to the fullest extent permitted by law. SECTION 11 COMPLIANCE AND REMEDIES Each Owner and Occupant, and any other Person owning or acquiring any interest in the Property, shall be governed by and comply with the provisions of the Governing Documents, the Rules and Regulations, and such amendments thereto as may be made from time to time, and the decisions of the Association. A failure to comply shall entitle the Association to the relief set forth in this Section, in addition to the rights and remedies authorized elsewhere by the Governing Documents. 11.1 Entitlement to Relief. In addition to the rights set forth in Section 10 above, the Association may commence legal action to recover sums due, for damages, or for injunctive relief, or any combination thereof, or an action for any other relief authorized by the Governing Documents or available at law or in equity. Legal relief may be sought by the Association against any Owner, to enforce compliance with the Governing Documents, the Rules and Regulations, or the decisions of the Association. However, no Owner may withhold any assessments payable to the Association, or take or omit other action in violation of the Governing Documents, or the Rules and Regulations, as a measure to enforce such Owner's position, or for any other reason. 11.2 Sanctions and Remedies. In addition to any other remedies or sanctions, expressed or implied, administrative or legal, the Association shall have the right, but not the obligation, to implement any one or more of the following actions against Owners and Occupants and/or their family or guests, who violate the provisions of the Governing Documents, or the Rules and Regulations: a. Commence legal action for damages or equitable relief in any court of competent jurisdiction. b. Impose late charges, fines, penalties or other charges in any reasonable amount for each violation of the Governing Documents as determined by the Board of Directors in its discretion from time to time, and interest at up to the highest rate permitted by law, for each past due Assessment or installment thereof and any other amounts lawfully assessed against an Owner or a Lot. C. In the event of default of more than thirty (30) days in the payment of any Assessment or installment thereof, all remaining installments of Assessments assessed against the Lot owned by the defaulting Owner may be accelerated and shall then be payable in full if all delinquent Assessments, together with all costs 15 188927v1