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2018-03-06 P & Z Packet
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2018-03-06 P & Z Packet
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SECTION 13 <br /> COMPLIANCE AND REMEDIES <br /> Each Owner and Occupant, and any other Person owning or acquiring any interest in the <br /> Property, shall be governed by and comply with the provisions of the Governing Documents, the <br /> Rules and Regulations, the decisions of the Association, and such amendments thereto as may be <br /> made from time to time. A failure to comply shall entitle the Association to the relief set forth in <br /> this Section, in addition to the rights and remedies authorized elsewhere by the Governing <br /> Documents. <br /> 13.1 Entitlement to Relief. The Association may commence legal action to recover <br /> sums due, for damages, for injunctive relief or to foreclose a lien owned by it, or <br /> any combination thereof, or an action for any other relief authorized by the <br /> Governing Documents or available at law or in equity. Legal relief may be <br /> sought by the Association against any Owner, or by an Owner against the <br /> Association or other Owner, to enforce compliance with the Governing <br /> Documents, the Rules and Regulations, or the decisions of the Association. <br /> However, no Owner may withhold any assessments payable to the Association, or <br /> take (or omit) other action in violation of the Governing Documents or the Rules <br /> and Regulations, as a measure to enforce such Owner's position, or for any other <br /> reason. <br /> 13.2 Sanctions and Remedies. In addition to any other remedies or sanctions, <br /> expressed or implied, administrative or legal, the Association shall have the right, <br /> but not the obligation, to implement any one or more of the following actions <br /> against Owners and Occupants and/or their guests, who violate the provisions of <br /> the Governing Documents: <br /> a. Commence legal action for damages or equitable relief in any court of <br /> competent jurisdiction. <br /> b. Impose late charges of up to 15% of each late payment of an assessment or <br /> installment thereof, and to charge interest on delinquent amounts due at a <br /> rate determined by the Board and set forth in the Rules and Regulations, <br /> but not to exceed the maximum rate permitted by applicable law. <br /> C. In the event of default of more than 30 days in the payment of any <br /> assessment or installment thereof, all remaining installments of <br /> assessments assessed against the Unit owned by the defaulting Owner may <br /> be accelerated and shall then be payable in full if all delinquent <br /> assessments, together with all costs of collection and late charges, are not <br /> paid in full prior to the effective date of the acceleration. Reasonable <br /> 28 <br /> 022818 <br />
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