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a� " _ _ <br /> � . . � <br /> Section 11. Sale of Unit - Default in Special Assessment Under:�Article X. • . <br /> The assessment provided' for herein shall be a debt of each owner and a . <br /> lien on his condominium unit and may be enforced and collected as is ,provided in <br /> Section 5 of Article V. Iri addition thereto, the Associatibn, as attorney-in-fact, <br /> s'hall have the absolute right and power to sell the condominium unit of any owner <br /> refusing or failing to pay such deficiency assessment within the time provided, <br /> and if not so paid, the Association shall cause .to be recorded a notiee that the ' <br /> condominium unit of the delinquent owner sha11 be sold by the Association, as <br /> attorney-in-.fact, pursuant to the provisions of this Section. The delinquent <br /> owner shall be required to pay to the Association the costs and expenses for filing <br /> the notices, interest at the highest legal rate on the amount of the assessment <br /> and ali reasonable attorney's fees. The proceeds derived from:the sale of such <br /> condominium ,unit shall be used and disbursed by the Association, as attorney-in- <br /> fact, in the order set forth in Section 12 of Article X. Any deficiency of <br /> funds to pay the unpaid assessments shall remain the personal obligation of the <br /> delinquent unit owner. � <br /> Section 12. Application of Proceeds. <br /> Proceeds received as,set forth in the preceding Sections and as <br /> applicable to each unit, shall be used and disbursed by the Association as attorney- <br /> in-fact, in the following order: <br /> (a) For payment of taxes and special assessments liens in favor of <br /> any assessing entity and the customary expense of sale; <br /> . (b) For payment of the balance of the lien of any first mortgage; <br /> (c) For payment of unpaid assessments and :all costs, expenses and <br /> fees incurred by the Association; <br /> (d) For payment of junior liens and encumbrances in the order of and <br /> to the extent of their priority; and <br /> ' (e) 'I'he balance remaining, if any, shall be paid to the condominium <br /> unit owner. <br /> Section 13. No Abatement of Assessments. <br /> Assessments for common expenses shall not be abated during the period <br /> of insurance adjustment and repair and reconstruction, remodeling or reconstruction, <br /> nor prior to sale of any unit for delinquent unpaid assessments. <br /> Section 14. Approvals. _ <br /> As used in this Artiele, the percentage voting rec{uirements of unit <br /> owners shall be based upon the percentage values set forth in Paragraph VI of <br /> the Master Deed. Those percentages shall refer to total perce.ntages and not <br /> merely to percentages of owners in attendance, in person or by' proxy, at meetings <br /> where votes are conducted. <br /> ARTICLE XI. TERMINATION OR AN�NDMENT. � <br /> � Section 1. Termination. � <br /> Except as otherwise provided, owners holding eighty percent (80%) or <br /> more of the basic value of the Condominium Regime, using the percentages set forth , <br /> in Paragraph 6 of the Master Deed, shall have the .right to terminate this Condominium <br /> Regime, subject to the conditions of Section 76-812 of the Condominium Act. <br /> Section 2. Amendment by Owners. <br /> There shall be no amendment to these By-Laws unless owners hold�.ng <br /> seventy-five percent (75%) or more of the basic ualue of the Condominium Regime, <br /> using percentages set forth i� Paragraph VI of the Master Deed, shall have voted <br /> therefor in the affirr�atives at a special or.annual meeting; provided, however, that <br /> percentage voting requirements contained in these By-Laws shall not be amended by a <br /> lesser percentage vote than that sought to be .amended, and provided further that such <br /> amendment shall have the :approval of more than'fifty percent (50%) , in number, of the <br /> first mortgagees of record upon the date of adopti_on of said amendment. <br /> 15 <br /> , �63 <br />