Our Board – The Quarters
(for a complete copy of the Rules and Regulations, contact Continental Properties)
EXECUTIVE BOARD OF THE ASSOCIATION
Section 12.1. Powers of Executive Board.
(a) The Executive Board of the Association shall possess all of the duties and powers granted to the Executive Soard by the Act. The Executive Board shall consist of five (5) members who shall be elected at the Annual Meetings of Association members as provided in the Bylaws, except that there shall be only three (3) members of the First Executive Board, which members and any successors thereto shall be appointed by the Declarant until their successors are elected at the second Election Meeting of the Association. The members of the First Executive Board shall be Neil B. Sukonik, Edward e. Meyers and Lee A. Casper. At the First Election Meeting of the Association, an additional two (2) Executive Board members shall be elected by the Unit Owners ·other than Declarant. Each Executive Board member shall hold office pursuant to the provisions relating thereto in the Bylaws. (b) In addition to any other rights possessed by the Executive Board, the Executive Board may assess reasonable fines and penalties against any Unit Owner who violates any provisions of any of the Condominium Documents; provided that the procedures for the assessment of such fines or penalties afford Unit Owners reasonable due process. to) The Unit Owners, by a vote of not less than seventy-five percent (751) of all votes entitled to be cast by Unit Owners, may reject any budget or capital expenditure approved by the Executive Board (except the share attributable to the Condominium of any assessment or other common expense of the Homeowners Association which complies with the Master Declaration), provided that such voting occurs within thirty (30) days after the date such budget or capital expenditure is approved.
Section 12.2. Disputes.
In the event of any dispute or disagreement between or among any Unit Owners relating to the Condominium, or any questions of interpretation or application of the provisions of any of the Condominium Documents, the determination thereof by the Executive Board shall be final and binding on each and all such Unit Owners. The Executive Board shall have the authority to seek a declaratory judgment or the appropriate judicial relief or order to assist it in carrying out its responsibilities under this Section 12.2. All costs of obtaining such a judgment shall be borne by the disputants, or in the absence of disputants, by the members of the Association as a Com11on Expense. Nothing in this Section 12.2 shall impair any rights otherwise afforded the Unit Owner by the Condominium Documents or the Act to appeal any actions of the Executive Board.
Section 12.3. Amendments to the Condominium Documents.
The Condominium Documents shall be amended in accordance with the Act and the condominium Documents. Notwithstanding any other provisions of this Declaration to the contrary, if (i) any amendment is necessary in the judgment of the Executive Board to cure any ambiguity or to correct or supplement any provisions of the condominium Documents that is defective, missing or inconsistent with any other provisions hereof, or (ii) such amendment is necessary to conform to the requirements of the FNMA or FHLMC with respect to condominium projects, then at any time and from time to time the Executive Board may tor, as to amendments described in clause (ii}, shall) effect an appropriate corrective amendment without the approval of the Unit owners or the holders of any liens on all or any part of the Condominium, upon receipt by the Executive Board of an opinion from independent legal counsel to the effect that the proposed amendment is permitted by the terms of this sentence. Each amendment at the type described in the immediately preceding sentence shall be effective upon the recording of an appropriate instrument setting forth the amendment and its due adoption, which instrument has been executed and acknowledged by one or more officers or the Executive Board.
Section 12.4. Abating and Enjoining Violations by Unit Owners, the Association or the Executive Board.
The Executive Board, if appropriate, and any aggrieved Unit Owner shall have the right, in addition to any other rights to which it may be entitled, to enjoin, abate (provided, however, that no item of construction may be altered or demolished unless and until judicial proceedings are instituted) or remedy by appropriate legal proceedings, either at lav or in equity, the continuance of any violation of any Rules and Regulations, the breach of any provision contained in the Bylaws, the breach of any provision of this Declaration or the Act or the failure to comply with decisions of the Association that are made pursuant thereto by any Unit Owner, any Lessee or Sublessee, the Executive Board or the Association, and such cause of action may be brought by one or more such aggrieved Unit Owners against the Association, if applicable.