8F Consent 2021 0907 - Laserfiche WebLink

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4810-5342-0509, v. 2 19 Condominium and/or any modifications thereto (including subsequent installations), and (ii) any portion of the Roof or Association Property on which the Solar Energy System is located, which maintenance and repair is required due to the Roof penetration or damage to the Roof resulting from the Solar Energy System, including without limitation its installation, removal, reinstallation or operation, provided that modifications and maintenance and repair shall be performed by a Solar Contractor. The Owner’s foregoing responsibility for the repair of damage to the Roof or Association Property due to the Solar Energy System shall exist regardless of the existence or applicability of any warranty associated with the Solar Energy System. No Solar Energy System may be modified or expanded in any manner without the prior written approval of the Board. The Association shall cooperate in providing the Owner or its Solar Contractor access to the Roof to install, maintain, repair, remove or replace its Solar Energy System, including the inverter, subject to reasonable conditions that may be imposed by the Board, including conditions regarding access times, access routes and licensing and insurance requirements and other terms as may be set forth in the Solar Rules. Solar Energy Systems associated with a given Condominium may only be placed in the Solar Use Area appurtenant to such Condominium, subject to the right of the Association to expand any Solar Use Area to accommodate an Owner’s desire to expand a Solar Energy System. (b) After the initial installation of any Solar Energy System on a Condominium Building roof in connection with the original construction of a Condominium Building, no installation, maintenance, improvement, replacement or removal of any components of a Solar Energy System may be undertaken by any Owner, Solar Company, Solar Contractor or other Person (other than the Solar Company in accordance with the Solar Easement Agreement) without first obtaining the Association’s approval and complying with the other applicable requirements of this Declaration, the Rules, the other Governing Documents, and Applicable Laws. The Association shall have no responsibility or liability for the performance or costs of the installation, reinstallation, maintenance, removal (including removal and reinstallation for roof repair or replacement) or disposal of any Solar Energy Systems that serve Owners’ Units, except to the extent that the Association is required to perform such work by the express provisions of this Declaration, a Supplementary Declaration, any amendment thereof, or by written agreement of the Association. If an Owner fails to remove a non-operational Solar Energy System after Notice and Hearing, the Association my elect to remove the same, restore the affected roof area, and levy a Special Assessment against the Owner to reimburse the Association of all its incurred costs. (c) The Association shall have the right, but not the obligation, to oversee any Solar Work to ensure that the Roof and other portions of the Condominium Building are not damaged. If an Owner fails to cause any maintenance or repairs to be completed associated with the Solar Work, due to the presence of the Solar Energy System on the Association Property, or other repairs or maintenance required to be performed by Owner under this Section 2.18 (Solar Energy Systems), within a reasonable period of time after the Board has provided written notice to the applicable Owner and the Board determines that such repairs must be made to protect the health and safety of Occupants and/or to avoid damage to any other portion of the Condominium Building, the Board may, at its option, have such work completed and levy a Compliance Assessment against the defaulting Owner. Additionally, each Owner and each successive Owner shall be responsible for all of the following in accordance with California Civil Code Section 4746(b)(2): (a) the costs incurred by the Association to repair any damage to the Roof or other Association Property or other portions of Condominium Buildings resulting from the Solar Work; (b) the costs incurred by the Association to repair any damage to the Roof or other Association Property or other portions of Condominium Buildings after removal of the Owner’s Solar Energy System; (c) disclosing to prospective buyers of such Owner’s Condominium the existence of the Owner’s Solar Energy System, any agreement between the Owner and the Solar Company (“Solar Agreement”) and related responsibilities of the Owner under the Governing Documents and the Solar Agreement, if any. 2.18.5 Insurance and Indemnification. Owner shall provide proof of insurance by Owner and by the Solar Contractor prior to commencing any work on the Solar Energy System which shall include the following: (a) Liability Insurance. 272