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J E, 13.3 , Waiver of Rightc. The failure of the Association, Boazd of Directors, an officer or a Unit owner to enforce any right, provision, covenant or condirion of the Declaration anzi Bylaws shall not ~'` constitute a waiver of the right~of any such party to enforce such right, provision, covenant or condition in the future. ~ 13.4 i Yg~l Procee~ing,c. Failure to comply with any of the terms of the Declararion, Bylaws and any rules or regulations adopted thereunder shall be grounds for relief, which may include, without ~ intending to limit the same, an action to recover money due, damages or a suit for injunctive relief or h any combination thereof. Relief may be sought by the Association, Boazd of Directors, an officer, a professional manager or management firm, or by an aggrieved Unit owner. 13.5 ['osts ~d Attorne,ys' Fees. In any proceeding arising becanse of alleged default by a r, Unit owner, the prevailing party shall be entitled to recover the cost of the proceedings and such reasonable attomeys' fees as may be determined by the trial court in any trial or by the appellate court ~,.; in any appeal thereof. ~ 13.6 COjppliances. Each Unit owner shall comply with the Declaration and Bylaws and with ~ the administradve Rules and Regulatioas adopted thereunder, and witli all other applicable covenants, ~~ conditions and restrictions of record. Failure to com 1 therewith shall be ounds f P Y gr or suit or action mamtainable by ~the Association or any Unit owner, in addition to other sanctions which may be ~} provided by the Bylaws or by any existing administrative Rules and Regulations. ~' 13.7 c~ v~sions. In the event of a conflict between or among the Declaration, Bylaws and any administrative Rules and Reguladons, the provisions of the Declaration shall be ~ paramount to the Bylaws and the Rules and Regulations, and the Bylaws shall be paramount to the Rules ~~ and Regulations. For parposes »of this Section 13.7, the term "Declaration" shall include all amendments and the term Bylaws shail include all amendments. 13.8 ~ecrion and Parag~h CaDh•ons. S~tion and paragraph captions are not a part hereof unless the context other requires. In construing this ~eclaration, it is understood that if the context so requires, the singular pronouns shall be taken to mean and include the plural, the masculine, feminine and neuter, and that generally, all grammatical changes shall be made, assumed and implied W make the provisions hereof apply equally to individuals, trusts, estates, personal representative, trustees and corporations. L' By ~.., ' B y, ~" ~ ' B y ~ ~ . t `i._: ' IN WITNESS WHEREOF, the undersigned fee owner of the subject property has caused this Declaration to be executed this day of . 199 . MARION COUNTY, a municipal SALEM AREA MASS TR.ANSIT DISTRIG"T, a corporation and politica~-subdivision - - municipal corporation and political subdivision of the State of Oregon of the State of Oregon Condominium Declaration Page - 8 1026980258 By ~ - ~ ~