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would not constitute a violation of any bond financing of the owners, and FTA and Salem Area Mass Transit District's legal counsel, so long as the Salem Area Mass Transit District owns a Unit, shall be ~ consulted to assure that such amendment would not constitute a violation of any applicable provision o a ~?rant aQreement or aQreement or oueratinQ assistance etween A an a em Area Mass Transit 10.2 Recordation. The amendment shall be effective upon recordation in the Deed Records of Marion County, certified to by the chairman and secretary of the Association and approved by the County Assessor and the Real Estate Commissioner. 11. AUTHORITY TO GRANT EASEMENTS RIGHTS-OF-WAY LICENSES AND OTHER SIMILAR INTERESTS. Pursuant to ORS 100.405(5), the Association shall have the authority to execute, acknowledge, deliver and record, on behalf of the Unit owners, easements, rights-of-way, licenses and other similar interests affecting the general common elements. The granting of any such interest shall first be approved by at least seventy-five percent (75%) of the Unit owners as required by ORS 100.405(6). The instrument granting any such interest shall be executed by the Chairman and a~cretary of the Association and acknowledged in the manner provided for acknowledgement of such instruments by such officers, and shall state that such grant was approved by at least seventy-five percent (75%) of the Unit owners. 12. EASEMENTS. The Association shall have an easement through, over and across any Office Unit for the purpose of inspecting, maintaining, repairing and replacing the common elements. The Association and its agent shall conduct such work in a manner so as to cause as little interference with an owner's enjoyment of his Unit as possible. 13. GENERAL PROVISIONS. 13.1 Internretation. The rights and obligations of all members of the Association, and any person dealing with the Association or any of its members in respect to matters pertaining to the Declaration and Bylaws, shall be interpreted and governed by the laws of the State of Oregon. 13.2 Severabilitv. Each provision of the Declaration, and Bylaws is independent and severable. The invalidity or partial invalidity of any provision thereof shall not affect any of the remaining portions of that or any other provision of this Declaration or Bylaws. 13.3 Waiver of Rights. The failure of the Association, Board of Directors, an officer or a Unit owner to enforce any right, provision, covenant or condition of the Declaration and 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 Legal Proceedines. Failure to comply with any of the terms of the Declaration, 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 any combination thereof. Relief may be sought by the Association, Board of Directors, an officer, a professional manager or management firm, or by an aggrieved Unit owner. 13.5 Costs and Attorneys' Fees. In any proceeding arising because of alleged default by a Unit owner, the prevailing party shall be entitled to recover the cost of the proceedings and such reasonable attorneys' fees as may be determined by the trial court in any trial or by the appellate court in any appeal thereof. 13.6 Com lin ances. Each Unit owner shall comply with the Declaration and Bylaws and with the administrative Rules and Regulations adopted thereunder, and with all other applicable covenants, conditions and restrictions of record. Failure to comply therewith shall be grounds for suit or action Condominium Declaration Page - 7 1023981015