Last Update 3 November 2012
Section 3.05. Delegation of Use. Any Member entitled to the right of use and enjoyment of the Common Areas may delegate, in accordance with the By-Laws, his right to use of the Common Areas to his tenants, contract purchasers or subtenants who purchase or lease his Condominium, subject to reasonable regulation by the Board. Section 3.06. Waiver of Use. No Member may exempt himself from personal liability for Assessments duly levied by the Association on, nor effect the release of his Condominium from the liens and charges thereof, by waiver of the use of the Common Areas or by abandonment of his Condominium. Section 3.07. Damage by Member. Each Member shall be liable to the Association for any damage to the Common Areas not fully reimbursed to the Association by insurance which may be sustained by reason of the negligence, willful misconduct or unauthorized or improper installation or maintenance of any Improvement by said Member, his guests, tenants, or invitees, or any other Persons deriving their right of use of the Common Areas from said Member, or his guests, tenants, or invitees. Notwithstanding the foregoing, the Association, acting through the Board, reserves the right to determine whether any claim shall be made upon the insurance maintained by the Association, and the Association further reserves the right, after Notice and Hearing as provided in the By-Laws, to levy a Special Assessment equal to the increase, if any, in insurance premiums directly attributable to the damage caused by such Member or the Person for whom such Member may be liable as described above. In the case of joint ownership of a Condominium, the liability of such Unit Owners shall be joint and several, except to the extent that the Association shall have previously contracted in writing with such joint Unit Owners to the contrary. After Notice and Hearing as provided in the By-Laws, the cost of correcting such damage to the extent not reimbursed to the Association by insurance shall be a Special Assessment against the Condominium, and may be enforced as provided herein for the enforcement of other Assessments. 13 |
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