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General Powers and Authority <br />Section 3.03. The Association shall have powers substantially <br />identical to a nonprofit mutual benefit corporation organized <br />under the California Nonprofit Mutual Benefit Corporation Law, <br />subject to any limitations set forth in this Declaration or in <br />the Articles and Bylaws of the Association. It may perform all <br />acts that may be necessary for or incidental to the performance <br />of the obligations and duties imposed upon it by this <br />Declaration or the other Governing Instruments. Its powers shall <br />include, but are not limited to, the following: <br />A. The Association shall have the power to establish, fix, <br />levy, collect, and enforce the payment of assessments <br />against the Owners. <br />B. The Association shall have the power to adopt reasonable <br />Rules and Regulations governing the use of the Project <br />Easement Area and its facilities, and of any other <br />Association property. <br />C. The Association may enforce payment of assessments in <br />accordance with this Declaration and the other Governing <br />Instruments. <br />Duties of the Association <br />Section 3.04. In addition to the duties delegated to the <br />Association or its agents and employees elsewhere in the <br />Governing Instruments, the Association shall be responsible for <br />the following: <br />A. The Association, acting through the Board, shall <br />operate, maintain, repair, and replace the Project Easement <br />Area and its improvements, subject to the provisions of <br />this Declaration relating to destruction of improvements <br />and/or damage caused by Owners. The foregoing areas and <br />improvements shall be kept in a clean and sanitary <br />condition. Additionally, the Association shall maintain <br />storm water retention and/or treatment responsibilities (as <br />detailed in Section 5.02(1) below) over the Project <br />Easement Area. As a general rule, maintenance costs shall <br />be included in the regular assessments. <br />B. The Association shall use the maintenance fund described <br />in this Declaration to, among other things, acquire and pay <br />for the following: <br />1. The insurance polices described in this <br />Declaration. <br />2. The services of any personnel that the Board <br />determines are necessary or proper for the operation <br />or maintenance of the Project Easement Area. <br />C. The Association shall prepare a pro forma operating <br />7 <br />