MARVIN MANDEL, Governor 933
the property as a whole ] for delinquent real estate
taxes, GENERAL AND special assessments, or charges shall
ever divest or in any manner affect the title to any
OTHER [individual] unit so long as the real estate taxes
and duly levied share of special assessments AND OTHER
charges on the individual unit are currently paid.
Section 11-114 Comments:
The amendments to this Section make it internally
consistent.
11-119.
(A) If any unit owner fails to comply with this
title, the declaration, or bylaws, the unit owner may be
sued for damages caused by the failure or for injunctive
relief, or both, by the council of unit owners or by any
other unit owner. THE PREVAILING PARTY IN ANY SUCH
PROCEEDING IS ENTITLED TO SUCH AWARD FOR COUNSEL FEES AS
THE COURT MAY DETERMINE.
(B) THE FAILURE OF THE COUNCIL OF UNIT OWNERS TO
ENFORCE A PROVISION OF THIS TITLE, THE DECLARATION, OR
BYLAWS ON ANY OCCASION SHALL NOT BE A WAIVER OF THE RIGHT
TO ENFORCE THE PROVISION ON ANY OTHER OCCASION.
Section 11—119 Comments:
The Section has been reorganized for the purpose of
clarity. The amendment to new subsection (a) was made to
avoid requiring all unit owners to pay a portion of the
legal fees and other expenses incurred in a successful
suit against a unit owner who had violated the
condominium documents. New subsection (b) is a technical
amendment to protect the rights of the council of unit
owners against claims of waiver or estoppel beyond the
particular violation waived made by a unit owner.
11-122.
(c) The declaration, bylaws, and condominium plat
shall be construed together and shall be deemed to
incorporate one another to the extent that any
requirement of this title as to the content of one shall
be deemed satisfied if the deficiency can be cured by
reference to any of the others. ANY PROVISION REQUIRED
BY THIS TITLE MAY BE AMENDED ONLY IN ACCORDANCE WITH THE
REQUIREMENTS FOR AMENDMENT APPLICABLE TO THE INSTRUMENT
IN WHICH, ABSENT THIS SUBSECTION (C), IT IS REQUIRED TO
BE CONTAINED.
Section 11—122 Comments:
The amendment to subsection (c) was made in the
interests of consistency.
SECTION 2. AND BE IT FURTHER ENACTED, That
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