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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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16 <br /> <br /> <br /> <br />that an Owner has failed to perform as provided in Section 5.1.B, the Association's agents or employees shall <br />have the right, after reasonable notice (not less than twenty -four (24) hours except in emergencies) to the <br />Owner of the Unit in which maintenance work has not been performed, to enter any such Unit or to enter any <br />portion of the Common Area at reasonable hours. Such entry shall be made with as little inconvenience to <br />the Owner as practicable and any damage caused by such entry shall be repaired by the Board at the <br />expense of the Association. <br /> <br />G. Assessments and Liens: The Board shall have the power to levy and collect <br />Assessments in accordance with the provisions of Article IV hereof. <br /> <br />H. Fines and Disciplinary Action: The Board may impose fines or take disciplinary <br />action against any Owner for failure to pay Assessments or for violation of any provision of the Governing <br />Documents and the Rules. Penalties may include, but are not limited to, fines, temporary suspension of <br />voting rights, or other appropriate discipline, provided the Member is given notice and a hearing as provided <br />in the Bylaws before the imposition of any fine or disciplinary action. The Board shall have the power to adopt <br />a schedule of reasonable fines and penalties for violations of the terms of this Declaration, and for violations <br />of any Rules adopted pursuant to Section 5.3.E. Written copies of Rules and the schedule of penalties shall <br />be furnished to Owners. The Board shall levy fines and penalties and shall enforce such Assessments as <br />appropriate under applicable law. <br /> <br />I. Enforcement: The Board shall have the authority to enforce this Declaration as per <br />Section 9.1 hereof. <br /> <br />J. Acquisition and Disposition of Property: The Board shall have the power to <br />acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, <br />lease, transfer, or otherwise dispose of real or personal property in connection with the affairs of the <br />Association. Any transfer of property shall be by document signed or approved by the vote of a Majority of <br />the Voting Power of the Association. <br /> <br />K. Loans: The Board shall have the power to borrow money, and, only with the vote <br />of a Majority of the Voting Power of the Association, to mortgage, pledge, deed in trust, or hypothecate <br />any or all of its real or personal property as security for money borrowed or debts incurred. <br /> <br />L. Dedication: The Board shall have the power to dedicate all or any part of the <br />Common Area to any public agency, authority, or utility for such purposes and subject to such conditions <br />as may be agreed to by the Members. No such dedication shall be effective unless an instrument has <br />been approved by the vote of a Majority of the Voting Power of the Association, agreeing to such <br />dedication. <br /> <br />M. Contracts: The Board shall have the power to contract for goods and/or services <br />for the Common Area(s), for the Condominiums, or for the Association, subject to limitations set forth in the <br />Bylaws, or elsewhere in this Declaration. All agreements and determinations lawfully made by the <br />Association in accordance with the voting percentages established in this Declaration shall be deemed to <br />be binding on all Owners, their successors and assigns. <br /> <br />N. Delegation: The Board, and the officers of the Association shall have the power to <br />delegate their authority and powers to committees, officers or employees of the Association, or to a manager <br />employed by the Association, provided that the Board shall not delegate its responsibility: <br /> <br />(1) to make expenditures for capital additions or improvements chargeable <br />against the reserve funds; <br /> <br />(2) to conduct hearings concerning compliance by an Owner or his or her <br />tenant, lessee, guest or invitee with the Declaration, Bylaws or Rules promulgated by the Board; <br /> <br />103
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