By Suit Clause Samples
The "By Suit" clause defines how obligations or rights are to be enforced or exercised specifically through legal action or court proceedings. In practice, this means that a party must initiate a lawsuit or formal legal process to assert a claim or enforce a right under the agreement, rather than relying on informal demands or other remedies. This clause ensures that disputes are resolved through the judicial system, providing a clear and structured method for addressing breaches or disagreements, and helps prevent informal or extrajudicial enforcement attempts.
By Suit. The Association may commence and maintain a suit at law against any Owner personally obligated to pay a delinquent assessment. The suit shall be maintained in the name of the Association. Any judgment rendered in any action shall include the amount of the delinquency, and such additional costs, fees, charges and expenditures ("Additional Charges") and any other amounts as the court may award. A proceeding to recover a judgment for unpaid assessments may be maintained without the necessity of foreclosing or waiving the lien established herein.