Page 43 - 018 Mutiny Bay - CCRs Second Amended Restated 2012 0605 REDUCED[2188]_Neat

VIsItors, licensees and pets and may be subject to fines for violations of the Governing
Documents by those parties.

16.1.1 Attorneys' Fees. Failure to comply shall also entitle the Association to
collect reasonable attorneys' fees incurred by reason of such failure, irrespective of whether any
suit or other judicial proceeding is commenced, and if suit is brought because of such failure, all
costs of suit may be recovered in addition to reasonable attorneys' fees. In the event of a suit or
action to enforce any provision of this Declaration or to collect any money due hereunder or to
foreclose a lien, the unsuccessful party in such suit or action shall pay to the prevailing party all
costs and expenses, including title reports, and all attorneys' fees that the prevailing party has
incurred in connection with the suit or action, in such amounts as the court may deem to be
reasonable therein, and also including all costs, expenses, and attorneys' fees incurred in
connection with any appeal from the decision of any small claims court, district court, superior
court or any intermediate appellate court.

16.1.2 Remedies Cumulative. The remedies provided for in the Declaration are
cumulative and the Association may pursue them concurrently and may pursue any other
remedies which may be available under law now or in the future although not expressed in the
Declaration.

16.1.3 No Abandonment of Obligation. No Owner, through his nonuse of any
Common Element, or by abandonment of his or her Unit may avoid or diminish the burdens or
obligations imposed by this Declaration.

16.2 Suspension of Voting Rights. After notice and opportunity to be heard, the Board
may suspend the voting rights of an Owner if that Owner is more than 90 days delinquent in the
payment of Assessments or if the Owner is otherwise non-compliant with the Governing
Documents. Suspension of voting rights may apply to both Association and Board actions.

This Section shall not affect the voting rights of the Mortgagees of Units, including, but
not limited to, those Mortgagees to which an Owner has pledged or otherwise relinquished his or
her vote.

16.3 No Waiver of Strict Performance. The failure of the Board in anyone or more
instances to insist upon the strict performance of this Declaration, of the Bylaws, or to exercise
any right or option contained in such documents, or to serve any notice or to institute any action,
shall not be construed as a waiver or a relinquishment for the future of such term, covenant,
condition or restriction, but such term, covenant, condition or restriction shall remain in full force
and effect. The receipt by the Board of any assessment from an Owner, with knowledge of any
such breach shall not be deemed a wavier of such breach, and no waiver by the Board of any
provision hereof shall be deemed to have been made unless expressed in writing and signed by
the Board.

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