Instrument #2022025031 #58 Book:8196 Page:4829
shall be grounds for immediate action which may include, without limitation, an action to recover sums due for damages, injunctive relief, or any combination thereof The offending Owner shall be responsible for all costs and expenses of enforcement, including, but not limited to, attorneys' and paralegals' fees actually incurred and court costs, fees and expenses. If any person shall violate or attempt or threaten to violate the provisions ofthis Declaration, it shall be lawful for Declarant, any Owner,or the Association: (a) to prosecute proceedings for the recovery of damages against those so violating or attempting to violate the provisions of this Declaration; (b) to maintain a proceeding in any court of competent jurisdiction against those so violating or attempting or threatening to violate the provisions of this Declaration, for the purpose of preventing or enjoining all or any such violations or attempted or threatened violations; or(c)to maintain a proceeding for any other equitable or legal recourse or remedy available at law or in equity to address or prevent the violation or attempted or threatened violation ofthis Declaration. In addition, whenever there shall have been built or there shall exist on any Lot any structure, building, thing or condition which violates the provisions of this Declaration, Declarant or the Association(but not any Owner)shall have the right, but not the obligation, to enter upon the Lot where such violation exists and summarily abate and remove the same, all at the expense ofthe Owner ofsuch Lot, which expense shall constitute an Individual Assessment, and such entry and abatement or removal shall not be deemed a trespass or make Declarant, the Board, or Association, or the directors, officers, members, agents, employees, contractors or subcontractors of any of the foregoing, liable for any damages on account thereof The remedies contained in this Section 15.02 shall be cumulative of all other remedies now or hereafter provided by law, in equity, or by virtue of this Declaration. The failure of Declarant,the Board,the Association, or an Owner to enforce any covenant, restriction, obligation, right, power, privilege or reservation contained in this Declaration, however long continued,shall in no event be deemed a waiver ofthe right to enforce the same thereafter as to the same breach or violation, or as to any other breach or violation occurring prior or subsequent thereto. Section 15.03. Fines; Suspension. In addition to all other remedies, and to the maximum extent lawful, in the sole discretion ofthe Board ofDirectors,(A)a fine or fines may be imposed upon an Owner for failure of an Owner or that Owner's tenants, subtenants, occupants, licensees, invitees and guests to comply with any condition, covenant or restriction contained in this Declaration or any Rule or Regulation, and(B)the Association shall have the right to suspend for a reasonable period of time, the defaulting Owner's rights of use of the Common Area and the facilities located thereon (except for vehicular and pedestrian ingress to and egress from the Lot, including, but not limited to,the right to park ofdefaulting Owners)provided that before imposing any fine or suspension,the following procedures are adhered to: (a) Notice. The Association shall notify the Owner at the address associated with the Lot or Dwelling ofthe alleged infraction or infractions. Included in the notice shall be the date and time of a hearing of a committee of at least three(3) Members who are appointed by the Board of Directors(the "Committee"), at which time the Owner may present reasons why a fine(s) or suspension should not be imposed. The members ofthe Committee shall not be Officers, Directors, or employees of the Association, or the spouse, parent, child, brother or sister of an Officer, Director, or employee ofthe Association. At least fourteen(14)days' notice ofsuch meeting shall be given. (b) Hearing. The alleged non-compliance shall be presented to the Committee after which the Committee shall hear reasons why a fine(s) or suspension should not be imposed. A written decision ofthe Committee shall be submitted to the Owner by not later than twenty- one(21)days after the Committee's hearing. The Owner shall have a right to be represented by counsel and to cross examine witnesses. If the Committee does not approve a proposed fine or suspension by majority vote, it may not be imposed.
53
58771933;7
Made with FlippingBook - professional solution for displaying marketing and sales documents online