Enforcement of Bylaws. The Condominium project shall at all times be maintained in a manner consistent with the highest standards of a beautiful, serene, private residential community for the benefit of the co-owners and all persons having an interest in the Condominium. If at any time the Association fails or refuses to carry out its obligation to maintain, repair, replace, or landscape in the manner consistent with the maintenance of such high standards, then the Developer, or his/her successor or appointee, may elect to maintain, repair, and/or replace any common elements and/or do any landscaping thereon, and to charge the cost thereof to the Association as an expense of administration. The Developer shall have the right to enforce these Bylaws throughout the construction and sales period notwithstanding that he may no longer own a unit in the Condominium, which right of enforcement shall include (without limitation) an action to restrain the Association or any co-owner from any activity prohibited by these Bylaws.
Enforcement of Bylaws. If at any time the Association fails or refuses to carry out its obligation to maintain, repair, replace, and landscape in a manner consistent with the maintenance of such high standards, then Developer, or any entity to which it may assign this right, at its option, may elect to maintain, repair and/or replace any Common Elements, and/or to do any landscaping required by these Bylaws and to charge the cost thereof to the Association as an expense of administration. The Developer shall have the right to enforce these Bylaws throughout the Development and Sales Period notwithstanding that it may no longer own a Unit in the Condominium which right of enforcement may include (without limitation) an action to restrain the Association or any Co-owner from any activity prohibited by these Bylaws.
Enforcement of Bylaws. For so long as the outstanding shares of Series B Preferred (including shares of Common Stock issued or issuable upon conversion of the Series B Preferred), Series C Preferred (including shares of Common Stock issued or issuable upon conversion of the Series C Preferred), Series D Preferred (including shares of Common Stock issued or issuable upon conversion of the Series D Preferred) or Series E Preferred (including shares of Common Stock issued or issuable upon conversion of the Series E Preferred) represent at least one percent (1%) of the outstanding voting power of the capital stock of the Company (calculated on an as-converted to Common Stock basis), the Company and the Investors shall promptly take all corporate and other actions necessary to enforce Section 3.17 of the Company’s by-laws (relating to Board approval rights).
