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35 <br /> <br /> <br /> <br />a bond or other arrangement (hereinafter. a “Bond”) to secure performance of the commitment of the <br />Declarant pursuant to such subdivision offering to complete the improvements, then the following substantive <br />and procedural provisions relative to the initiation of action to enforce the obligations of the Declarant and the <br />surety under the Bond shall govern: <br /> <br />A. The Board of Directors of the Association shall consider and vote on the question of <br />action by the Association to enforce the obligations under the Bond with respect to any improvement for which <br />a Notice of Completion has not been filed within sixty (60) days after the completion date specified for that <br />improvement in the Planned Construction Statement appended to the Bond. If the Association has given an <br />extension in writing for the completion of any Common Area improvement, the Board shall consider and vote <br />on the aforesaid question if a Notice of Completion has not been filed within thirty (30) days after the expiration <br />of the extension. <br /> <br />B. A special meeting of Members for the purpose of voting to override a decision by the <br />Board not to initiate action to enforce the obligations under the Bond or on the failure of the Board to consider <br />and vote on the question may be held. Said special meeting shall be held not less than thirty-five (35) days <br />nor more than forty-five (45) days after receipt by the Board of a petition for such a meeting signed by <br />members representing five percent (5%) or more of the total voting power of the Association. <br /> <br />C. At any special meeting called for the purpose set forth in Section B of this Article X <br />above, the vote shall be by Member of the Association other than Declarant.. <br /> <br />D. A vote of a majority of the voting power of the Association residing in members other <br />than the Declarant to take action to enforce the obligations under the Bond shall be deemed to be the decision <br />of the Association and the Board shall thereafter implement this decision by initiating and pursuing appropriate <br />action in the name of the Association. <br /> <br /> <br />IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed this <br />Declaration on , 2019. <br /> <br />------' <br />a California limited liability company <br /> <br /> <br />By : <br /> <br />Name: <br /> <br />Its: <br /> <br /> <br /> <br /> <br />122