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202300159 <br />3) Certificate of Status of Assessments or other Defaults. The Association, <br />upon written request to the Association's registered agent, shall furnish to a <br />Unit Owner or such Unit Owner's designee or to a holder of a Security Interest <br />or its designee, a written statement, in recordable form, setting out the amount <br />of the unpaid Assessments or other defaults against the Unit. The statement <br />must be furnished within fourteen (14) calendar days after receipt of the <br />request and is binding on the Association, the Board of Directors and each Unit <br />Owner. <br />4) Common Expenses Attributable to Fewer than All Units. If a Common <br />Expense is caused by the misconduct of a Unit Owner the Association may <br />assess that expense exclusively against that Unit Owner's Unit as more <br />specifically set forth in next subparagraph 5). <br />5) Unit Owner's Negligence and Individual Assessments. Notwithstanding <br />anything to the contrary contained in this Declaration, if the need for <br />maintenance or repair of the Common Elements or any improvements located <br />thereon is caused by the willful or negligent act, omission or misconduct of any <br />Unit Owner, or by the willful or negligent act, omission or misconduct of any <br />member of such Unit Owner, or by a guest or invitee of such Unit Owner, or <br />any tenant or tenant's family, the costs of such repair and maintenance shall be <br />the personal obligation of such Unit Owner, and any costs (including court <br />costs), expenses and fees, including reasonable attorneys' fees, incurred by the <br />Association for such maintenance, repair or reconstruction shall constitute an <br />"Individual Assessment" and shall be added to and become part of the <br />Assessments to which such Unit Owner's Unit is subject and shall be a lien <br />against such Unit Owner's Unit as provided in this Declaration. In addition, <br />the Board of Directors may levy an Individual Assessment against any Unit <br />Owner or its Unit if the Unit Owner, tenants, guests or invitees willfully or <br />negligently fail to comply with the terms and provisions of the Documents, <br />resulting in the expenditure of funds by the Association to cause compliance <br />by such Person with the terms and provisions of the Documents. The Board of <br />Directors shall be entitled to recover all costs (including court costs), expenses <br />and fees, including reasonable attorneys' fees related thereto, whether or not <br />legal proceedings are instituted. An Individual Assessment shall be levied and <br />the amount of the Individual Assessment shall be established only after notice <br />to the Unit Owner and the right to be heard before the Board of Directors in <br />connection therewith, provided that any such determination for an Individual <br />Assessment pursuant to the terms of this Section may be appealed by said Unit <br />Owner to a court of law. The obligation set forth in this paragraph 5) is subject <br />to the waiver of subrogation and limitations of liability of Unit Owners as set <br />forth herein. <br />ARTICLE 10. INSURANCE <br />1) Insurance Requirements Generally. The Association shall obtain and maintain <br />liability and property insurance for the Property and Association as determined <br />by the Owners. Each Unit Owner shall obtain and pay for liability and property <br />insurance for the Unit Owner's Unit. <br />ARTICLE 11. TERMINATION OR AMENDMENT <br />1) Termination. Except as otherwise provided, the Unit Owners in the <br />Condominium shall have the right to terminate this Condominium Property <br />Regime only by unanimous action, subject to the conditions of Section 76-855 of the <br />Act. <br />ARTICLE 12. RESTRICTIVE COVENANTS AND OBLIGATIONS. <br />10 <br />