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17 <br /> <br /> <br /> <br />(3) to make a decision to levy monetary fines, levy Reimbursement Charges, <br />temporarily suspend an Owner's rights as a Member of the Association or otherwise impose discipline; to <br />make a decision to levy Regular Assessments or Special Assessments; or <br /> <br />(4) to make a decision to bring suit, record a claim of lien or institute <br />Foreclosure proceedings for default in payment of Assessments. <br /> <br />O. Appointment of Trustee: The Board acting on behalf of the Association, has the <br />power to appoint or designate a trustee to enforce Assessment Liens by sale as provided in Section 4. 9 and <br />Civil Code Section 5 700(a). <br /> <br />P. Litigation/Arbitration: The Board shall not enter into any contingent fee agreement <br />with an attorney in a matter involving alleged design or construction defects in the Project, except if the <br />such agreement is approved by the vote of the Majority of the Voting Power with the requirement that <br />such agreement shall only pertain to the facilities or improvements that the Association is responsible for <br />maintaining as provided herein, and only if the matter is not resolved pursuant to the procedures set <br />forth in Section 9.11. <br /> <br />Q. Other Powers: In addition to the powers contained herein, the Board may exercise <br />the powers granted to a nonprofit mutual benefit corporation under Corporations Code Section 7140. <br /> <br />R. Common Area Improvements: The Board shall have the authority and power to <br />demolish, remove and reconstruct any and all improvements on or over or under the Common Area in a <br />manner not inconsistent with this Declaration, and to construct, improve and repair improvements that are <br />appropriate for the use and benefit of the Members of the Association, and to charge for the use of such <br />improvements, provided that the Board shall not include in any Regular Assessment or Special <br />Assessment the cost of any new capital improvement which exceeds $15,000 in cost to be expended in <br />any one calendar year, unless such expenditure was approved by the vote of at least a Majority of the <br />Voting Power. <br /> <br /> <br />ARTICLE VI. <br />UTILITIES <br /> <br />6.1. Owner's Rights and Duties: The rights and duties of the Owners of Condominiums <br />within the Project with respect to sanitary sewer, water, drainage, electric, gas, television receiving, <br />telephone equipment, cables and lines, exhaust flues, and heating and air conditioning facilities (hereinafter <br />referred to, collectively, as "Utility Facilities") shall be as follows: <br /> <br />A. Whenever Utility Facilities are installed within the Property, which Utility Facilities or <br />any portion thereof lie in or upon Condominiums owned by other than the Owner of a Condominium served <br />by said Utility Facilities, the Owners of any Condominium served by said Utility Facilities shall have the <br />right, and are hereby granted an easement to the full extent necessary therefor, to enter upon the <br />Condominiums or to have the utility companies enter upon the Condominiums in or upon which said Utility <br />Facilities, or any portion thereof, lie, to repair, replace and generally maintain said Utility Facilities as and <br />when necessary. <br /> <br />B. Whenever Utility Facilities are installed within the Property which Utility Facilities <br />serve more than one (1) Condominium, the Owner of each Condominium served by said Utility Facilities <br />shall be entitled to the full use and enjoyment of such portions of said Utility Facilities as service his <br />Condominium. <br /> <br />C. In the event of a dispute between Owners with respect to the repair or rebuilding of <br />said Utility Facilities, or with respect to the sharing of the cost thereof, then, upon written request of one <br />(1) of such Owners the matter shall be submitted to arbitration pursuant to the rules of the American <br />104