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Rule 2010-1 COLLECTION OF COVENANT ENFORCEMENT COSTS
Whereas, the undersigned, constituting a majority of the Members of the Board of Directors of Congress Square #1 Condominium Association, shall exercise the powers, discharge the duties and be vested with the rights conferred by operation of law pursuant to its Declaration, Bylaws and Rules of the Association; and
Whereas, the Board is responsible for the administration of the Common Facilities and arranging for their management; and
Whereas, the Board recognizes the need for reasonable means of encouraging and insisting upon compliance with the provisions of the Declaration, Bylaws, and Rules; and
Whereas. The Board has the power to adopt reasonable Rules and Regulations as it may deem advisable for the maintenance, conservation and beautification of the Condominium Property, and for the health, comfort, safety and general welfare of the Unit Owners and Occupants pursuant to Article IV, General Powers of the Association, paragraph I, Section 4 Rules and Regulations of the Bylaws; and
Whereas, the Board believes that the recouping of attorneys' fees, administrative late fees, enforcement assessments, collection costs, paralegals' fees, court costs, etc. should be paid for by the violator and as an incentive to certain Members of the Association to not violate the aforesaid provisions.
1. The Board of Directors has a fiduciary duty to enforce the provisions of the Declaration, the Bylaws, and the Rules and Regulations ("documents") according to the Ohio Revised Code 5311. The costs generated by such enforcement may be recouped so that the general welfare of those who abide by the documents will not be unfairly burdened by those who do not abide by said documents, etc.
2. The common expenses chargeable against a unit and the enforcement costs consisting of interest, administrative late fees, enforcement assessments, collection costs, attorneys' fees, paralegals' fees, court costs, etc. may be collected and liened against any unit or interest in the Common Elements.
3. Such costs and payments shall be credited as follows: (a) first, to the interest owed to the Association; (b) second, to the administrative late fees owed to the Association; (c) third, to the collection costs, attorneys' fees, paralegals' fees, court costs, etc.; (d) fourth, to the principal amounts that the unit owner owes to the Association for the common expenses chargeable against the unit.
4. An administrative late fee, not more than Fifteen Dollars ($15.00) may be assessed against an owner's interest for failure to pay any assessment on time, in addition to the aforesaid costs generated by the Association's enforcement of its documents.
Rule 2010-1 Collection of Enforcement Costs
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