Coach 2013 Annual Report Download - page 333

(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 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 abate 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, abate 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.
Section 13.2 Defaults Under Master Declaration and ERY FAPOA Declaration.
(a) As used herein:
(i) “Facility Airspace Parcel” has the meaning set forth in the Master Declaration.
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