Brandywine Condominium Association

DECLARATION OF CONDOMINIUM as adopted January 2, 2006
and amended December 2, 2008, December 7, 2009 and January 23, 2012

10. COMPLIANCE AND DEFAULT. Each unit owner and the Association, including the officers and directors thereof, shall comply with the terms of the condominium documents as they may be amended from time to time together with Chapter 718, Florida Statutes, as it may be amended from time to time. All valid provisions of this Declaration of Condominium shall be enforceable restrictive covenants and shall be effective until the Declaration is revoked. A default shall entitle the Association or other unit owners to the following relief:

A. Legal Proceedings. Failure to comply with any of the terms of the condominium documents and regulations adopted pursuant thereto shall be grounds for relief, which relief may include but shall not be limited to an action to recover sums due for damages or injunctive relief or both, and which actions may be maintained by the Association or in a proper case by an aggrieved owner. Further, the Association may levy reasonable fines as provided in the ByLaws against a unit owner to comply with any provisions of the condominium documents.
Notwithstanding any other provision to the contrary in this Declaration, a dispute between a unit owner and the Association shall be first submitted to arbitration pursuant to Section 718.1255, Florida Statutes and Rule 61B-45, et seq.

B. Negligence. A unit owner shall be liable for the expense of any maintenance, repair or replacement rendered necessary by his act, neglect or carelessness or by that of any member of his family or his or their guests, employees, agents or lessees, but only to the extent that such expense is not met by the proceeds of insurance carried by the Association. Such liability shall include any increase in fire insurance rates occasioned by use, misuse, occupancy or abandonment of a unit or its appurtenances.

C. Attorney's Fees and Costs. In any proceeding arising because of an alleged default by an owner, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorney fees (including appeals) as may be awarded by the court.

D. Grievances, Notice. In the event of a grievance of a unit owner against the Association, the Board of Directors or a member thereof, prior to the institution of litigation, written notice specifying the grievance in detail shall be given to the Board of Directors who shall be permitted a period of thirty (30) days in which to try to resolve the grievance.

E. No Waiver of Rights. The failure of the Association or any unit owner to enforce any covenant, restriction or other provision of the condominium documents shall not constitute a waiver of right to do so thereafter as to subsequent or other noncompliance.

Association address

Brandywine Condominium Association
1398 S. Brandywine Circle
Fort Myers, FL 33919

Phone: 239-481-2326
Fax: 239-481-0744