202500670 - Laserfiche WebLink

Browse

202500670 2) Priority of Liens. A lien under this Section is prior to all other liens and encumbrances on a Unit except: (a) liens and encumbrances recorded before the recordation of this Declaration: (b) a First Security Interest on the Unit recorded before the date on which the Assessments sought to be enforced became delinquent; and (c) liens for real estate taxes and other governmental assessments or charges against the Unit. 3) Certificate of Status of Assessments or other Defaults. The Association, upon written request to the Association's registered agent, shall furnish to a Unit Owner or such Unit Owner's designee or to a holder of a Security Interest or its designee, a written statement, in recordable form, setting out the amount of the unpaid Assessments or other defaults against the Unit. The statement must be furnished within fourteen (14) calendar days after receipt of the request and is binding on the Association, the Board of Directors and each Unit Owner. 4) Common Expenses Attributable to Fewer than All Units. If a Common Expense is caused by the misconduct of a Unit Owner the Association may assess that expense exclusively against that Unit Owner's Unit as more specifically set forth in next subparagraph 5). 5) Unit Owner's Negligence and Individual Assessments. Notwithstanding anything to the contrary contained in this Declaration, if the need for maintenance or repair of the Common Elements or any improvements located thereon is caused by the willful or negligent act, omission or misconduct of any Unit Owner, or by the willful or negligent act, omission or misconduct of any member of such Unit Owner, or by a guest or invitee of such Unit Owner, or any tenant or tenant's family, the costs of such repair and maintenance shall be the personal obligation of such Unit Owner, and any costs (including court costs), expenses and fees, including reasonable attorneys' fees, incurred by the Association for such maintenance, repair or reconstruction shall constitute an "Individual Assessment" and shall be added to and become part of the Assessments to which such Unit Owner's Unit is subject and shall be a lien against such Unit Owner's Unit as provided in this Declaration. In addition, the Board of Directors may levy an Individual Assessment against any Unit Owner or its Unit if the Unit Owner, tenants, guests or invitees willfully or negligently fail to comply with the terms and provisions of the Documents, resulting in the expenditure of funds by the Association to cause compliance by such Person with the terms and provisions of the Documents. The Board of Directors shall be entitled to recover all costs (including court costs), expenses and fees, including reasonable attorneys' fees related thereto, whether or not legal proceedings are instituted. An Individual Assessment shall be levied and the amount of the Individual Assessment shall be established only after notice to the Unit Owner and the right to be heard before the Board of Directors in connection therewith, provided that any such determination for an Individual Assessment pursuant to the terms of this Section may be appealed by said Unit Owner to a court of law. The obligation set forth in this paragraph 5) is subject to the waiver of subrogation and limitations of liability of Unit Owners as set forth herein. ARTICLE 10 INSURANCE 1) Insurance Requirements Generally. The Association shall obtain and maintain liability and property insurance for the Property and Association as determined by a majority of the Unit Owners. Each Unit Owner shall obtain and pay for liability and property insurance for the Unit Owner's Unit. ARTICLE 11 TERMINATION 1) Termination. Except as otherwise provided, the Unit Owners in the Condominium shall have the right to terminate this Condominium Property Regime only by unanimous action, subject to the conditions of Section 76-855 of the Act. 8