Laserfiche WebLink
<br /> <br />4810-5342-0509, v. 2 <br /> 21 <br /> <br />willful misconduct in connection with such removal. If the Association removes the Owner’s Solar Energy <br />System, the Association may levy an Assessment for reimbursement against Owner for all expenses <br />incurred for the removal. After the Association’s Roof Work is completed, Owner shall have the Solar <br />Energy System re-installed by an approved Solar Contractor within ten (10) days of receipt of written notice <br />from the Association that such Roof Work is complete. Owner shall be responsible for all costs for removal, <br />storage and reinstallation of the Solar Energy System in connection with any Roof Work. The Association <br />shall not be liable for any interruption in service or for interference with the Solar Energy System due to the <br />Roof Work. <br />2.18.7 Damage and Destruction. In the event of any damage or destruction to a <br />Condominium Building, and as a result, the Condominium Building is not rebuilt or repaired, the Association <br />shall not have any liability or obligations to Owner with regard to the Solar Energy System that may have <br />been located on such Condominium Building. If the Condominium Building is rebuilt, Owner’s right to <br />access the Roof to reinstall Owner’s Solar Energy System shall be suspended until such time as the <br />Condominium Building is complete and the Association authorizes the reinstallation. <br />2.18.8 Condominium Transfers. If title to a Condominium is or will be transferred to <br />a successor Owner, the transferring Owner or the Solar Company may remove the Solar Energy System, <br />except the conduits and wiring between the electrical closet and the Solar Use Area which shall remain for <br />use by the successor Owner. If the Owner, or the Solar Company fails to notify the Association in writing <br />no later than thirty (30) days prior to the date title is transferred that the Solar Energy System will be <br />removed, which removal must be performed by an approved Solar Contractor and occur prior to the date <br />of transfer, the successor Owner shall be deemed the new owner, lessee or party to the power purchase <br />agreement with Solar Company, as applicable, of or relating to the Solar Energy System and responsible <br />and liable as the Owner under this Section 2.18 (Solar Energy Systems) for any acts or omissions occurring <br />on or after the date of transfer. The transferring Owner shall remain liable for all acts or omissions occurring <br />before the date of transfer. <br />This Section 2.18 (Solar Energy Systems) applies to Solar Energy Systems installed as a part of the original <br />construction of the Condominium Buildings, and any successor or replacement Solar Energy Systems that <br />may be installed on the Condominium Buildings. Notwithstanding the foregoing, the installation, operation, <br />maintenance, repair, removal, and re-installation of a Solar Energy System shall be subject to applicable <br />rules, including the Solar Rules. The Solar Rules shall initially be set forth in the Rules. In the event of any <br />conflict between the Solar Rules and this Section 2.18 (Solar Energy Systems) or the Solar Laws, this <br />Section 2.18 (Solar Energy Systems) or the Solar Laws shall control, as applicable. Notwithstanding any <br />restrictions on use or otherwise as set forth in the Solar Rules, the Owner’s rights to the Solar Use Area <br />appurtenant to the Owner’s Condominium shall remain in full force and effect. <br />2.19 Notice of Airport in the Vicinity. The Property is located in the vicinity of an airport, within <br />what is known as an airport influence area. For that reason, the Property may be subject to some of the <br />annoyances or inconveniences associated with proximity to airport operations (for example, noise, <br />vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. Each <br />Owner should consider what airport annoyances, if any, are associated with the Property before such <br />Owner completes his or her purchase and determine whether such annoyance is acceptable to such Owner. <br />2.20 Nuisances. No noxious or offensive activities shall be conducted within the Community. <br />Nothing shall be done on or within the Community that may be or may become a nuisance to the residents <br />of the Community, or that in any way interferes or may interfere with the quiet enjoyment of Occupants of <br />Units. Unless otherwise permitted by the Rules, no Owner shall serve food or beverages, cook, barbecue, <br />or engage in similar activities, except within such Owner’s Unit or areas permitted for such purposes within <br />the Association Property, if any. Each Owner and the Association shall comply with the City’s noise <br />ordinance. Noise or amplified music in excess of the City’s residential noise standards are prohibited. <br />Outdoor loudspeakers and public announcement systems are prohibited from use or installation in the <br />Community. <br />274