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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
Creation date
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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PERM
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Reso 2020-090 342 Marina Blvd Tract Map 8513
(Approved)
Path:
\City Clerk\City Council\Resolutions\2020
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14 <br /> <br /> <br /> <br />immediate notification to the Board or its managing agent of any maintenance or repair problems for which <br />the Association is responsible and access to the Owner or Occupant's Unit and Exclusive Use Common <br />Area as may be necessary to inspect and, if appropriate, to perform any necessary maintenance, <br />inspections or repairs. <br /> <br />(3) The Association shall maintain and operate the Common Area of the <br />Project in accordance with all applicable municipal, state, and federal laws, statutes and ordinances, as the <br />case may be. The Association shall also, as a separate and distinct responsibility, insure that third parties <br />(including Owners and their guests) utilize the Common Area in accordance with the aforementioned <br />regulations. The Association shall, when it becomes aware of any violation of the aforementioned <br />regulations, expeditiously correct such violations. <br /> <br />B. Owner's Right and Obligation to Maintain and Repair: Except for those portions <br />of the Project which the Association is required to maintain and repair, including the Common Building <br />Maintenance defined and described in this Declaration, each Unit Owner shall, at his or her sole cost <br />and expense, maintain and repair the Unit, keeping the same in good condition and in accordance with <br />the Unit Maintenance Guidelines. In addition, each Unit Owner shall be responsible at his or her sole cost <br />and expense to maintain and repair the exclusive use yard area appurtenant to the Unit, and any <br />improvements therein, at such Owner’s sole cost and expense. <br /> <br />In the event an Owner fails to maintain his Unit in a manner which the Board deems necessary <br />to preserve the appearance and value of the Property, the Association may notify Owner in writing of the <br />work required and request it be done within sixty (60) days from the giving of such notice. In the event <br />Owner fails to carry out such maintenance within said period, the Association may cause such work to be <br />done and the cost thereof shall immediately be paid by such Owner to the Association and until paid shall <br />bear interest at the rate of twelve percent (12%) per annum (but no greater than the maximum rate <br />authorized by law). <br /> <br />c. Common Building Maintenance: Notwithstanding each Owner’s obligation to <br />maintain and repair his or her Unit, the Association shall also paint, repair, replace or otherwise maintain in <br />good condition each rood, gutter, downspout and exterior building surface and balconies or all buildi ngs <br />located in the Project (the “Common Building Maintenance”), as further described in the Association <br />Maintenance Guidelines (as defined below). This shall not include maintenance or replacement of glass, <br />sliding glass doors, screens, and exterior door or garage door hardware for the Units. The standards of <br />exterior maintenance shall be determined by the Association, and the cost of the Common Building <br />Maintenance shall be included in any annual budget and levied as an Assessment against the Owners. <br /> <br />D. Inspection and Maintenance Guidelines: The Declarant may provide the <br />Association with a maintenance guideline for the inspection and maintenance of the improvements within <br />the Project ("Association Maintenance Guidelines") and each Owner with the inspection and maintenance <br />guidelines and schedules for the inspection and maintenance of the improvements within the separate Units <br />in the Project ("Unit Maintenance Guidelines"). When an Owner transfers a Unit, the Owner shall deliver <br />complete copies of any such Association Maintenance Guidelines and Unit Maintenance Guidelines to <br />the transferee of the Unit on or before the date of the transfer of title. <br /> <br />The Board shall comply with any Association Maintenance Guidelines for the periodic inspection and <br />maintenance of the Common Area improvements and landscaping that the Association is required to <br />maintain under this Declaration, and any other improvements outside of the Common Area, which the <br />Association has the responsibility to maintain. The Board shall take all appropriate actions to implement and <br />comply with the Association Maintenance Guidelines. The Board shall periodically review and update the <br />Association Maintenance Guidelines. The Association Maintenance Guidelines may not be mo dified by the <br />Association to reduce the maintenance obligations and requirements of the Association without prior written <br />approval of Declarant for a period of ten (10) years after the conveyance of the first Unit in the Project to an <br />Owner other than the Declarant. <br /> <br />101
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