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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
E-Mail: brandywinecondo@embarqmail.com