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Events
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17 BML Covenants 17. REMEDIES
17.1 Enforcement of Association Instruments. The violation of any provision of
the Association Instruments by an Owner or a Resident, members of his family,
his guests, licensees, or invitees shall be grounds for an action to recover
sums due and/or damages, for injunctive relief, or both, and the reimbursement
of all costs and attorneys' fees incurred in connection therewith, as well as
late fees and interest on any delinquent amounts, which action shall be
maintainable by the Board or the Manager, in the name of the Association, by Declarant,
or, in a proper case, by an aggrieved
Owner. All such amounts, along with any other costs incurred by the Association
to obtain the services of an attorney to enforce any provision of the
Association Instruments, shall promptly be reimbursed by the Owner or Resident
who committed or who is responsible for such violation or who caused the
Association to take such action, to the Association, upon demand therefor.
Unless otherwise prohibited by law, the violation of any provision of the
Association Instruments shall give the Association, the Board, the Manager, and
Declarant (to extent of its rights hereunder) the right, in addition to any
other rights set forth in Section 7.18 hereof and in the Association
Instruments: (a) to engage
the services of an attorney to initiate such action as is deemed necessary by
the Board, the Manager, or Declarant, to enforce such provision, including the
initiation of a suit for damages and/or to enjoin, abate, or remedy by
appropriate legal proceedings, either at law or in equity, the continuance of
any such breach; (b) to impose a reasonable monetary penalty upon
such Owner in an amount to be determined by the Board of Directors; and (c) to the extent
permitted by law, to suspend some or all of such Owner's rights and privileges,
including but not limited to any right to vote and the right to use (or allow
others to use) any Common Areas during the period of any continuing violation
of the provisions of the Association Instruments. ć 17.2 Remedies
are Cumulative. All
of the remedies granted by the Association Instruments are cumulative, and the
exercise of one right or remedy shall not impair the right to exercise any
other remedy. The Association, the Board, the Manager, and Declarant shall not
be limited to the remedies set forth in this Declaration, and way invoke any
other or additional remedies provided for or allowed by law or in equity. ć 17.3 Preservation of Remedies. The failure of the Association, the
Board, the Manager, or Declarant to enforce any provision of the Association
Instruments shall not be construed as a waiver of any such provision or right.
Rather, such provision shall continue and remain in full force and effect. ć | ||||||||||||
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