Coach 2013 Annual Report Download - page 318

Section 10.2 Violations. In the event that any violation shall be noted or noticed against any Unit or other portion of the Property as a result
of any condition at the Property created or suffered by or existing with respect to a Unit Owner (or such Unit Owner’s Permitted Users) with respect to all or
any portion of its Unit or a Sub-Board with respect to a Section (each such Unit Owner or Sub-Board with respect to a Section, for purposes of this Section
10.2, being referred to as the “Violation-Causing Unit Owner”), the Violation-Causing Unit Owner shall promptly notify the Board of Managers and the
Managing Agent of same, and shall cause the violation to be removed and the condition giving rise to the violation to be cured, in each case within thirty (30)
days after receiving, from a Unit Owner whose Unit has been adversely affected by such violation, or from the Board of Managers if any Common Elements
have been adversely affected by such violation, a notice (a “ Violations Notice”) identifying the violation and requesting that the same be removed and the
condition giving rise to it be cured (provided that if such violation cannot, notwithstanding diligent efforts, be removed and/or such condition cured within
such thirty (30) day period, the Violation-Causing Unit Owner commences the removal of such violation and/or the curing of such condition as promptly as
practicable within such thirty (30) day period and thereafter proceeds with diligence and continuity to complete such removal and/or cure); failing which the
Board of Managers shall have the rights set forth in Article 13 hereof. Notwithstanding the foregoing, any time a Violating Unit Owner is otherwise required
under this Section 10.2 to remove a violation, such Violating Unit Owner shall nevertheless not be required to remove the violation if upon prior notice to the
Board of Managers and the other Unit Owners, and, at its own expense, it is contesting by appropriate legal or administrative proceedings or redress,
promptly initiated and conducted in good faith and with due diligence, the validity or enforceability, in whole or in part, of the applicable Law giving rise to
the violations provided the following conditions are met: (i) such proceeding shall suspend the obligation of the Violating Unit Owner to comply with any such
Law, (ii) failure to comply with any such Law pending the contest will not invalidate or vitiate any insurance required hereunder to be maintained with respect
to the Property, in whole or in part, and will not in the reasonable opinion of the other Unit Owners and/or the Board of Managers, constitute a present danger
to the Property or any portion thereof, or to the persons using and entering upon the Property, (iii) neither the Property nor any part thereof or interest therein
will be in danger of being sold, forfeited, confiscated, terminated, canceled or lost as a result of such contest by the Violating Unit Owner (whether by
foreclosure of any mortgage thereon or otherwise), (iv) the Violating Unit Owner shall have furnished such security as may be required in the proceeding, or in
the event that none is required, as may be reasonably required by the other Unit Owners and/or the Board of Managers to insure the payment by the Violating
Unit Owner of all costs of compliance, fines and penalties, together with interest thereon, as may be incurred by the Violating Unit Owner in the event of a
determination in such proceeding adverse to the Violating Unit Owner, (v) failure to comply with any such Law pending the contest will not prevent other Unit
Owners or the Board of Managers from performing work to the Building or other Units or obtaining permits or certificates of occupancy with respect to the
same, and (vi) the other Unit Owners and the Board of Managers will not, in their reasonable opinion be subject to any criminal liability as the result of such
contest by the Violating Unit Owner. If any compliance with this Section shall require any repairs to, or which otherwise affect, the General Common
Elements, such repairs shall be performed by the Board of Managers pursuant to Section 8.3 hereof. For purposes of this Section 10.2, a Unit Owner shall be
deemed to be “adversely affected” by a violation or condition giving rise to a violation (which is the responsibility of a Violation-Causing Unit Owner to remove
or cure, as aforesaid) if such Unit Owner’s Unit is reasonably purportedly (whether or not actually) subjected to the violation or the violation is noted against
same. In all events, the contesting Unit Owner shall defend, protect, indemnify and hold harmless all other Unit Owners, any Sub-Board, and the Board of
Managers (and their respective occupants) from and against any and all Costs arising out of or resulting from any proceeding undertaken pursuant to this
Section 10.2 or the underlying violation or non-compliance related thereto. Copies of all Violations Notices sent by a Unit Owner shall be simultaneously sent
to the Board of Managers.
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