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8B Consent 2020 0720
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8B Consent 2020 0720
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7/27/2020 10:01:46 AM
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7/15/2020 12:35:27 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
7/20/2020
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Reso 2020-090 342 Marina Blvd Tract Map 8513
(Approved)
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\City Clerk\City Council\Resolutions\2020
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6 <br /> <br /> <br /> <br />(2) or more persons and division of the sale proceeds is not prohibited hereby but partition of title to a <br />single Condominium is prohibited. No Unit may be partitioned or subdivided without the prior <br />written approval of the holder of any mortgage lien on such Condominium. <br /> <br />2.5. All Easements Part of Common Plan: Whenever any easements are reserved or created <br />or are to be reserved or created herein, such easements shall constitute equitable servitudes for the mutual <br />benefit of all property in the Project, even if only certain Units are specifically mentioned as subject to or <br />benefiting from a particular easement, and when easements referred to herein are subsequently created <br />by grant deeds, such easements are part of the common plan created by this Declaration for the benefit <br />of all property Owners within the Project. <br /> <br />2.6. Parking: There shall be no parking in the driveways of the Common Area. The two (2) <br />Common Area guest parking space shall remain permanently available for guest parking by guests of <br />Occupants and shall not be used for parking by Owners or Occupants of Units. The Association may <br />establish rules and regulations from time to time for the parking of vehicles in the Common Areas. <br /> <br /> <br />ARTICLE Ill. <br />ASSOCIATION, ADMINISTRATION, MEMBERSHIP AND VOTING RIGHTS <br /> <br />3.1. Association to Manage Common Areas: The management of the Common Area shall be <br />vested in the Association in accordance with this Declaration and the Bylaws. Each Owner covenants and <br />agrees that the administration of the Project by the Association shall be in accordance with the provisions <br />of this Declaration, and the Articles and Bylaws. <br /> <br />3.2. Membership: The Owner of a Condominium shall automatically, upon becoming the <br />Owner of the Condominium, be a Member of the Association, and shall remain a Member of the <br />Association until such time as the ownership ceases for any reason, at which time the membership in the <br />Association shall automatically cease. Membership shall be held in accordance with the Articles and <br />Bylaws. <br /> <br />3.3. Transferred Membership: Membership in the Association shall not be transferred, <br />encumbered, pledged, or alienated in any way, except upon the sale or encumbrance of the Condominium <br />to which it is appurtenant, and then only to the purchaser, in the case of a sale, or Mortgagee, in the <br />case of an encumbrance of such Condominium. On any transfer of title to an Owner's Condominium, <br />including a transfer on the death of an Owner, membership passes automatically with title to the <br />transferee. A Mortgagee does not have membership rights until it obtains title to the Condominium by <br />Foreclosure or deed in lieu of Foreclosure. Any attempt to make a prohibited transfer is void. No Me mber <br />may resign his or her membership. On notice of a transfer, the Association shall record the transfer on its <br />books. <br /> <br />3.4. Membership and Voting Rights: Membership and voting rights shall be as set forth in the <br />Bylaws. <br /> <br /> <br />ARTICLE IV. <br />ASSESSMENTS <br /> <br /> <br />4.1. Creation of the Lien and Personal Obligation of Assessments: The Declarant, for <br />each Condominium within the Project, hereby covenants, and each Owner of any Condominium by <br />acceptance of a deed for that Condominium, whether or not it shall be so expressed in such deed, <br />covenants and agrees: <br /> <br />(1) to pay Regular Assessments, Special Assessments, and Reimbursement Charges, <br />93
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