By-Laws Art.VI

By-Laws Art.VI

Exhibit VIII : By-Laws of The Overseas Village Homeowners' Association

ARTICLE VI

COMPLIANCE AND DEFAULT

Y. Violations. In the event of a violation (other than the non-payment of an assessment) by a Member of any of the provisions of The Declaration or these By-Laws, the Board may give the Member written notice of said breach and if such violation shall continue for a period of thirty (30) days from the date of the notice, the Association, through the Board, shall have the right to treat such violation as an intentional and inexcusable and material breach of The Declaration and/or of the By-Laws, and the Association then, shall have the following options:

1. Suspension of rights to use the Common Properties (except as to roadways) for a period not to exceed sixty (60) days;

2. An action at law to recover for its damages on behalf of the Association or on behalf of the other Members;

3. An action in equity to enforce performance on the part of the Member; and/or

4. An action in equity for such equitable relief as may be necessary under the circumstances, including injunctive relief.

Z. Negligence or Carelessness of Member. Each Member shall be liable for the expense of any maintenance, repair or replacement rendered necessary by his act, neglect or carelessness, or by that of any member of his family, or his or their guests, employees, agents or lessees, but only to the extent that such expense shall not be met by the proceeds of insurance carried by the Association. Such liability shall include any increase in insurance rates occasioned by use, misuse, occupancy or abandonment of any Unit or its appurtenances. Nothing herein contained, however, shall be construed so as to modify any waiver by an insurance company of its rights of subrogation. The expense for any maintenance, repair or replacement required, as provided in this Section, shall be charged to Member as a specific item, which shall be a lien against said Unit with the same force and effect as if the charge were a part of the Association expenses.

AA. Costs and Attorneys' Fees. In any proceeding arising because of an alleged default by a Member, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorneys' fees, including costs and reasonable attorneys' fees on appeal, as may be determined by the Court.

BB. No Waiver of Rights. The failure of the Association or of a Member to enforce any right, provision, covenant or condition which may be granted by The Declaration or these By-Laws shall not constitute a waiver of the right of the Association or Member to enforce such right, provision, covenant or condition in the future.

CC. Survival of Liability. The termination of membership in the Association shall not relieve or release any former Member from liability or obligations incurred under or in any way connected with the Association during the period of such ownership, or impair any rights or remedies which the Association may have against such former Member arising out of or in any way connected with such ownership and the covenants and obligations incidental thereto.