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15 <br /> <br /> <br /> <br />The Association shall have the power and duty to operate, maintain and inspect the Project and its <br />various components in conformance with any Association Maintenance Guidelines. <br /> <br />5.2. Enforcement: In the event an Owner fails to pay for repairs, maintenance, or for insurance, <br />or any joint obligations under this Declaration, the Association or the other Owner may bring an action at law <br />to recover the amount due and shall be entitled to recover reasonable attorneys' fees in such action. <br /> <br />5.3. Powers and Duties of Association: In addition to the powers enumerated in the Articles and <br />Bylaws or elsewhere provided for in this Declaration, and without limiting their generality, the Association <br />shall have the following powers and duties: <br /> <br />A. Utility Service: The Association shall have the authority and obligation to obtain <br />water, gas and electric service to the Common Areas. <br /> <br />B. Easements: The Association shall have authority, by document signed by the <br />President and the Secretary, and approved by a vote of a Majority of the Voting Power, to grant permits, <br />licenses, and easements over the Common Area in addition to those shown on the Map or Condominium <br />Plan and/or referred to in Article VI, where necessary for roads, utilities, communications services, cable <br />television, and sewer facilities or other services benefiting the Project and/ or the Owners or where <br />necessary to satisfy or achieve appropriate governmental purpose or request. The Board of Directors may <br />grant Exclusive Use easement rights over a portion of the Common Area to a Member with the affirmative <br />vote of a Majority of the Voting Power, and without the approval of t he Members in those limited cases set <br />forth in Civil Code Section 4600(b). <br /> <br />C. Manager: The Association may employ a manager or other persons and contract <br />with independent contractors or managing agents to perform all or any part of the duties and responsibilities <br />of the Association, except for the responsibility to hold hearings, cause legal actions to be filed and perform <br />other duties of the Board that are not delegable under law or the Governing Documents. Any contract with a <br />firm or person appointed as a manager or managing agent shall not exceed a one (1) year term and shall <br />provide for the right of the Association to terminate the management agreement for cause on thirty (30) <br />days' written notice, or without cause or payment of any termination fee on ninety (90) days' written <br />notice. So long as any Mortgage that is a lien on a Condominium is insured or guaranteed by the Federal <br />Housing Administration, the Association shall not employ a management agent nor enter into a <br />management contract nor undertake "self-management" until such time as the Federal Housing <br />Commissioner has approved in writing the proposed management agent, and, if required, the form of <br />management agreement or other management arrangement. <br /> <br />D. Annual Budget: As further described in the Bylaws, each year, the Association shall <br />establish a budget for all expenses of the Project for the coming year, including maintenance, insurance, <br />repair, replacement, including reserves, and management. Each Condominium Owner shall be responsible <br />for payment of its share of the budgeted expenses, and other expenses incurred by the Association during <br />the year. The Association shall prepare and distribute to Owners6 any financial statements and reports that <br />may be required by law. <br /> <br />E. Adoption of Rules: The Board may adopt reasonable Rules that are not inconsistent <br />with this Declaration relating to the use of the Common Area and all its facilities, and the conduct of Owners <br />and their tenants and guests with respect to the Project and other Owners. The adoption of any Rules shall <br />be undertaken in compliance with the applicable Sections of the Civil Code regarding adoption of Rules. <br />Written copies of such Rules and any schedule of fines and penalties adopted by the Board shall be furnished <br />to Owners by general notice as described in Civil Code Section 4045 within (15) days after they are adopted. <br />The adoption of any Rules or amendment or repeal of any Rule shall comply with the procedures required <br />by California Civil Code Section 4340 et seq., to the extent applicable. <br /> <br />F. Access: For the purpose of performing construction, maintenance or emergency <br />repair for the benefit of the Common Area or the Owners in common, and/or to perform maintenance work <br />102