8B Consent 2020 0720 - Laserfiche WebLink

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28 Units as a sales office); or, D. Prevent Declarant from maintaining such sign(s) or flag(s) on the Property (except upon Units owned by others) as may be necessary for the sale, lease or disposition thereof; or, E. Subject Declarant to the architectural control provisions of Section 7.11 for construction of any Residence or other improvements on the Project. The foregoing rights of Declarant shall terminate upon sale of Declarant's entire interest in the Project, or three (3) years after the date of recordation of the deed of the first Condominium to be sold in the Project, whichever occurs first. So long as Declarant, its successors and assigns, owns one (1) or more of the Condominiums established and described herein, Declarant, its successors and assigns, shall be subject to the provisions of this Declaration. Declarant shall make reasonable efforts to avoid disturbing the use and enjoyment of their Units (and the Common Area) by Owners, while completing any work necessary to said Units or Common Area. 9.8. Termination of any Responsibility of Declarant: In the event Declarant shall assign or convey all of its right, title and interest in and to the Project to any successor Declarant, then and only in such event, Declarant shall be relieved of the performance of any further duties or obligations under this Declaration arising after such conveyance, and such successor Declarant shall thereafter be obligated to perform all such duties and obligations of the Declarant. The obligations of Declarant to the City contained in the conditions of approval for the Project, which obligations are intended to be on going after Declarant has sold its interest in the Project, shall become the obligations of the Association, and the Association shall indemnify Declarant against any liability arising out of the performance or non-performance of those obligations after Declarant has sold its interest in the Project and/or turned over the maintenance and management of the Project to the Association. 9.9. Owners' Compliance: Each Owner, tenant or other Occupant of a Unit shall comply with the provisions of this Declaration, and the decisions and resolutions of the Association, as lawfully amended from time to time. Failure to comply with any such provisions, decisions, or resolutions, shall be grounds for an action (1) to recover sums due, (2) for damages, (3) for injunctive relief, (4) for costs and attorney's fees, or (5) any combination of the foregoing. 9.10. Notice: Unless otherwise specified by law, any notice permitted or required by the Declaration, may be delivered either personally or by mail. If delivery is by mail, it shall be deemed to have been delivered seventy-two (72) hours after a copy of the same has been deposited in the United States mail, first class or registered, postage prepaid, addressed to the person to be notified at his current address. 9.11. Dispute Resolution: The Board is authorized to resolve any civil claim or action through alternative dispute resolution proceedings such as mediation, binding arbitration, or non-binding arbitration proceedings. A. Claims for Declaratory Relief or Enforcement of Governing Documents: Prior to the filing of an enforcement action, as defined in Civil Code Section 5 930, for declaratory, injunctive, or writ relief in conjunction with a claim for monetary damages not in excess of Five Thousand Dollars ($5,000), the Board, or any Owner who seeks such relief, shall first endeavor to submit the matter to alternative dispute resolution in compliance with the provisions of Civil Code Sections 5925-5960. The Board shall comply with the requirements of Civil Code Section 5965 by providing Association Members a statement in form stated in that code Section. B. Design or Construction Defect Claims: Actions by any Owner or the Association pertaining to or based upon a claim for defects in the design or construction of improvements within the 115