Common use of Compliance and Default Clause in Contracts

Compliance and Default. (a) Each Unit Owner and its tenants and subtenants shall comply with the terms of the Condominium Documents. Failure to comply shall be grounds for (i) an action to recover sums due for damages or for injunctive relief maintainable by the other Unit Owners, each on its own behalf, or by the Board of Managers on behalf of the non-defaulting Unit Owners or (ii) in the case of unpaid General Common Charges or Unit expenses, an action by the Board of Managers to foreclose its lien pursuant to Section 339-z of the Condominium Act. (b) Each Unit Owner and the tenants and subtenants of each Unit Owner shall be liable to the Board of Managers and/or the other Unit Owners for the expense of any maintenance, repair or replacement rendered necessary to the other Units or the General Common Elements by their negligence or intentional wrongful act to the extent that such expense is not met by the proceeds of insurance carried by the Board of Managers or the Unit Owner of the Unit so affected. Such liability shall include any increase in fire or other insurance rates, occasioned by use, misuse, occupancy or abandonment of a Unit. Nothing contained herein shall be construed to override any waiver by any insurance company of its rights of subrogation. (c) In any proceeding arising out of an alleged default by a Unit Owner, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorney's fees and disbursements as may be determined by the court. (d) The failure of the Board of Managers or a Unit Owner to enforce any right, provision or covenant contained in the Condominium Documents shall not constitute a waiver of the right of the Board of Managers or the Unit Owner to enforce such right, provision or covenant in the future. (e) All rights, remedies and privileges of the Board of Managers or a Unit Owner pursuant to the Condominium Documents shall be cumulative, and the exercise of any one or more shall not constitute an election of remedies nor shall it preclude the party exercising the same from exercising other and additional rights, remedies or privileges as may be granted to such party by the Condominium Documents or pursuant to law or equity.

Compliance and Default. (a) Each Unit Owner and its tenants and subtenants shall comply with the terms of the Condominium Documents. Failure to comply shall be grounds for (i) an action to recover sums due for damages or for injunctive relief maintainable by the other Unit Owners, each on its own behalf, or by the Board of Managers on behalf of the non-defaulting Unit Owners or (ii) in the case of unpaid General Common Charges or Unit expensesCharges, an action by the Board of Managers to foreclose its lien pursuant to Section 339-z of the Condominium Actlien, as hereinabove provided. (b) Each For so long as a monetary event of default under the Condominium Documents exists and is continuing with respect to a particular Unit Owner and the tenants and subtenants of each Owner, such Unit Owner shall be liable not have the right to vote at any meeting of Unit Owners nor shall any member(s) of the Board of Managers and/or designated by such Unit Owner have the other Unit Owners for the expense right to vote at any meeting of any maintenance, repair or replacement rendered necessary to the other Units or the General Common Elements by their negligence or intentional wrongful act to the extent that such expense is not met by the proceeds of insurance carried by the Board of Managers Managers; and all references in the Condominium Documents to required votes or voting percentages shall, in such circumstances, mean the required vote or voting percentage of Unit Owners or members of the Board of Managers, as the case may be, who or which are eligible to vote at the time in question. In addition, any express reference to the required vote of such Unit Owner (or Board member appointed by such Unit Owner) shall, during the pendency of the Unit so affected. Such liability shall include any increase in fire or other insurance ratessuch default, occasioned by use, misuse, occupancy or abandonment of a Unit. Nothing contained herein shall be construed to override any waiver by any insurance company of its rights of subrogationinapplicable. (c) In any proceeding arising out of an alleged default by a Unit Owner, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorney's ’s fees and disbursements as may be determined by the court. (d) The failure of the Board of Managers or a Unit Owner to enforce any right, provision or covenant contained in the Condominium Documents shall not constitute a waiver of the right of the Board of Managers or the Unit Owner to enforce such right, provision or covenant in the future. (e) All rights, remedies and privileges of the Board of Managers or a Unit Owner pursuant to the Condominium Documents shall be cumulative, and the exercise of any one or more shall not constitute an election of remedies nor shall it preclude the party exercising the same from exercising other and additional rights, remedies or privileges as may be granted to such party by the Condominium Documents or pursuant to law or in equity. (f) In the event of a default by a Unit Owner with respect to the payment of any sums, or the performance of any obligation, or the cure of any default or violation of or under the Condominium Documents, and the same shall continue without payment, performance or cure, as the case may be, beyond the giving of all required notices and the expiration of all cure periods, in each case to the extent required under the Condominium Documents, without limiting the foregoing, the Board of Managers may (without the consent of the defaulting Unit Owner) but shall not be obligated to, pay the amount or perform or cause to be performed the obligation or otherwise cure or effect the cure of the default (including, for example, by means of causing Repairs or Alterations, or curing violations or removing or bonding mechanic’s liens or otherwise as the Board of Managers shall deem appropriate). Such right on behalf of the Board of Managers to cure any such matters includes, without limitation, the right: (i) to enter the Unit and any Exclusive Use Common Element appurtenant thereto of the defaulting Unit Owner and to summarily a▇▇▇▇ and remove, at the expense of the defaulting Unit Owner, any structure, thing or condition resulting in such violation or breach and the Board of Managers shall not thereby be deemed guilty or liable in any matter of trespass; and/or (ii) to enjoin, a▇▇▇▇ or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any such violation or breach. Any funds expended by the Board of Managers together with interest at the Default Rate from the date of expenditure to the date of repayment, shall be reimbursed by the defaulting Unit Owner to the Board of Managers within ten (10) days after the giving by the Board of Managers of written notice of such default, and the same shall constitute part of the Common Charges payable by such person. (g) Any rights or remedy of the Board of Managers may be exercised immediately, and if necessary, without notice, in the case of any Emergency.