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8F Consent 2011 0502
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8F Consent 2011 0502
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Last modified
5/4/2011 4:34:43 PM
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4/28/2011 3:49:09 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/2/2011
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_CC Agenda 2011 0502
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2011\Packet 2011 0502
Reso 2011-088
(Reference)
Path:
\City Clerk\City Council\Resolutions\2011
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assessments) and no monetary penalty shall exceed that permitted by to section 1366.1 of <br /> the California Civil Code. as it shall hereafter be amended. <br /> (d) The Association. in its sole discretion. may resolve or settle any dispute to which it is <br /> a party, including any legal action. on its own behalf and under such terms and conditions <br /> as it considers appropriate. <br /> (e) The enforcement of monetary penalties is subject to the restrictions described in <br /> Section 9.7 of this Declaration. <br /> (f) If an Owner fails to cure a default or any violation of the Condominium Instruments <br /> within sixty (60) calendar days after written notice to that Owner. the Association shall <br /> give the notice required in Section 15.9 of this Declaration. <br /> i� <br /> 7.7 Right of Delegation. The Association may delegate any of its powers and <br /> duties to its officers, employees. committees <br /> or agents or a�professional management <br /> agent. \\ <br /> 7.8 General Statement of Duties. In addition to any duties described in the <br /> Articles or Bylaws, the Association shall have the duet forth in Sectio ns 7.9 through <br /> 7.15 of this Declaration. <br /> 7.9 Repair and Maintenanc e;of'Commo \as and Exclusive Use Common <br /> Areas. The Association shall manage and maintain in'ood condition and repair the <br /> Common Areas, including the facilities, improvements, landscaping, and other personal <br /> and real property acquired•by or subject to the controlof thssociation, and shall clean, <br /> maintain and repair all- Exclusive Use Cbm the <br /> cleaned, <br /> maintained or repaired by an Owner pursuant to Section 51(b) of this Declaration. The <br /> Association shall create and maintain a reserve fund out of regular assessments for the <br /> replacement of all elementfthe Areas. Subject to the provisions of Section <br /> 9.7(c),of thisis Declaration t o he Associato levy a special assessment against any <br /> Owner�who has an easement.to clu <br /> use any ExsivelJse Common Areas on which the <br /> Association performs s cl maint na nce or repair to reimburse the Association <br /> for any\st�s incurred the` in. \� <br /> 7.10.Contracts for Goods and Services. <br /> (a) Except as expressly limited►by this Declaration, the Association shall enter into such <br /> contracts for services or,�naterials as may be necessary to perform its duties. including <br /> contracts with Declarant/ <br /> (b) Any agreement between the Association and Declarant pursuant to which Declarant <br /> agrees to provide services, and any agreement for professional management by any other <br /> manager, shall provide for termination by either party without cause or payment of a <br /> termination fee on thirty (30) calendar days' written notice and shall have a maximum <br /> contract term of one (1) year. provided that the Association can renew any such contract <br /> on a year -to -year basis. If the Project is professionally managed, the Association shall not <br /> terminate professional management and assume self - management without the consent of <br /> sixty -seven percent (67 %) of the voting rights of Owners. or of each class of Owners if a <br /> two -class voting system is in effect, and of fifty -one percent (51 %) of First Mortgagees. <br />
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