Last Update 10 January 2013

Section 16.01. Legal Proceedings. The failure of any Unit owner, his Family, guests, invitees and tenants to comply with any of the Restrictions, after Notice and Hearing as set forth in the By-Laws of the Association (except for the nonpayment of any Assessments provided for herein), shall be grounds for relief which may include, without limiting same, an action to recover sum due for damages, injunctive relief, foreclosure of lien, or any combination thereof. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision, or any other provision hereof. The Board, any Unit Owner (not at the time in default hereunder), Master Lessor, Sublessor or Grantor shall be entitled to bring an action for damages against any defaulting Unit Owner, and in addition any enjoin any violation of this Declaration. Any judgment rendered in any action or proceeding pursuant thereto shall include a sum for attorneys’ fees in such amount as the Court may deem reasonable, in favor of the prevailing party, as well as the amount of any delinquent payment, interest thereon, costs of collection and court costs. Each remedy provided for in this Declaration shall be cumulative and not exclusive or exhaustive.

Section 16.02. Violation of Restrictions. Without in any way limiting the generality of the foregoing, in the event that the Board determines that there is a violation of any provision of the Restrictions, then the Board shall give written Notice to the Unit owner of the condition or violation. The Board, after giving such Unit Owner an opportunity for Notice and Hearing, may undertake to remedy such condition or violation complained of, and the cost thereof shall be charged to the Unit Owner and his Condominium. Such cost shall be deemed to be a Special Assessment to such unit Owner, and his Condominium, and shall be subject to levy, enforcement and collection by the Board in accordance with the assessment lien procedure provided for in this Declaration.

Section 16.03. Severability. The provisions hereof shall be deemed independent and severable, and a determination of invalidity or partial invalidity or unenforceability of any one provision or portion hereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provisions hereof.

Section 16.04. Interpretation. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the creation and operation of a residential condominium development and for the maintenance of Common Areas, and any violation of this Declaration shall be deemed to be a nuisance. The Article and Section headings, titles and captions have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. As used herein, unless the context dictates otherwise, the singular shall include the plural and the plural the singular; and the masculine, feminine and neuter shall each include the masculine, feminine and neuter.

Section 16.05. Mergers or Consolidations. Upon a merger or consolidation of the Association with another association, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants, conditions and restrictions established by this Declaration governing the Project, together with the covenants and restrictions established upon any other property, as one plan.

Section 16.06. Use of Common Area Facilities. The Board of Directors shall have the right to limit the number of guests that a Unit Owner may permit to use any parking or other facilities on the Common Areas. The Board shall have the right to set further reasonable restrictions on the time and manner of use of said facilities, in accordance with the Rules and Regulations.

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