BML Covenants

17.      REMEDIES

17.1   Enforcement of Association Instruments. The violation of any provision of the Association Instruments by an Owner or a Resident, members of his family, his guests, licensees, or invitees shall be grounds for an action to recover sums due and/or damages, for injunctive relief, or both, and the reimbursement of all costs and attorneys' fees incurred in connection therewith, as well as late fees and interest on any delinquent amounts, which action shall be maintainable by the Board or the Manager, in the name of the Association, by Declarant, or,  in a proper case, by an aggrieved Owner. All such amounts, along with any other costs incurred by the Association to obtain the services of an attorney to enforce any provision of the Association Instruments, shall promptly be reimbursed by the Owner or Resident who committed or who is responsible for such violation or who caused the Association to take such action, to the Association, upon demand therefor. Unless otherwise prohibited by law, the violation of any provision of the Association Instruments shall give the Association, the Board, the Manager, and Declarant (to extent of its rights hereunder) the right, in addition to any other rights set forth in Section 7.18 hereof and in the Association Instruments:

       (a) to engage the services of an attorney to initiate such action as is deemed necessary by the Board, the Manager, or Declarant, to enforce such provision, including the initiation of a suit for damages and/or to enjoin, abate, or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any such breach;

          (b)    to impose a reasonable monetary penalty upon such Owner in an amount to be determined by the Board of Directors; and

          (c) to the extent permitted by law, to suspend some or all of such Owner's rights and privileges, including but not limited to any right to vote and the right to use (or allow others to use) any Common Areas during the period of any continuing violation of the provisions of the Association Instruments.                              å

17.2 Remedies are Cumulative. All of the remedies granted by the Association Instruments are cumulative, and the exercise of one right or remedy shall not impair the right to exercise any other remedy. The Association, the Board, the Manager, and Declarant shall not be limited to the remedies set forth in this Declaration, and way invoke any other or additional remedies provided for or allowed by law or in equity.                                                                                                           å

17.3    Preservation of Remedies. The failure of the Association, the Board, the Manager, or Declarant to enforce any provision of the Association Instruments shall not be construed as a waiver of any such provision or right. Rather, such provision shall continue and remain in full force and effect.                                                å