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8F Consent 2011 0502
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8F Consent 2011 0502
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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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(d) These cumulative voting provisions may not be applied to deny Owners other than <br /> Declarant the right, as set forth in the Bylaws, to elect two of the Directors during the <br /> Declarant Control Period. <br /> (e) Notwithstanding the foregoing provisions of this Section 8.5, the Class B Owner shall <br /> not be entitled to exercise cumulative voting rights during the Declarant Control Period. <br /> ARTICLE 9 ASSESSMENTS <br /> 9.1 Payment of Assessments. <br /> (a) Declarant covenants and agrees for each Condominium owned by it in the Project, <br /> ts� <br /> and each Owner by acceptance of a deed, covenanand agrees for each Unit owned, to <br /> pay to the Association the initial working capitalpay�men and`the regular and special <br /> assessments levied in accordance with the provisins of this Declaration. and to allow the <br /> Association to enforce any assessment lien established in accordance with the provisions <br /> of this Declaration by nonjudicial proceedings / under a power of sa or•by any other <br /> means authorized by law. <br /> (b) Notwithstanding the provisions of Secti \`(a), Declarant reserves t right, for a <br /> period of up to one (1) year folIp the date of conveyance of the first Condominium, <br /> to pay both the operating expenses oL e•Association.and funds necessary to establish <br /> adequate reserves in lieu of impositio ofassessments by the Association. <br /> 9.2 Personal Obligation of twner. E�\ n\r installment, together with <br /> any late charge, interest, coll'eetion costs, and reasonable attorneys' fees, shall be the <br /> personal obligation•of'the Owner'at the time.such assessment or installment becomes due <br /> and payable. If there is more than one Owner ofa particular Condominium, each Owner <br /> shall be jointly and severally liable:-The personal obligation for any delinquent <br /> assessments roro installments`anorelated Sums shall not pass to an Owner's successor in <br /> interest unless expressl�j•assumed`by that successor in interest, provided that any lien held <br /> by the,Association, if properly rec rded in accordance with Section 9.13 of this <br /> Declara i i shall not be affected b 'this provision. No Owner may be relieved from the <br /> obligation n to pay assessments or installments by waiving the use or enjoyment of all or <br /> any portion ofitlie.Co Areas or the Owner's Condominium, or by abandoning the <br /> Condominium. \\!) <br /> 9.4 Scope of Assessment Authority. <br /> (a) The assessments levied by the Association shall be used exclusively to promote the <br /> recreation, health, safety, and welfare of the members of the Association; to improve, <br /> replace. repair. operate, and maintain the Common Areas and the improvements and <br /> personal property in the Common Areas that are owned, leased or maintained by the <br /> Association; to provide funds necessary for the performance of the duties of the <br /> Association as set forth in this Declaration; and to further any other purpose that is for the <br /> common benefit of the Owners in their use and enjoyment of the Project. <br />
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