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<br /> <br />4810-5342-0509, v. 2 <br /> 26 <br /> <br />ARTICLE 4 <br />THE ASSOCIATION <br />4.1 The Organization. The Association is a nonprofit mutual benefit corporation formed under <br />the nonprofit mutual benefit laws of the State of California. On the conveyance of the first Condominium to <br />a First Owner, the Association shall be charged with the duties and given the powers set forth in the <br />Governing Documents. <br />4.2 Association Action; Board and Officers; Members’ Approval. Except as to matters <br />requiring the approval of Members as set forth in the Governing Documents, the affairs of the Association <br />shall be conducted by the Board and officers as the Board may elect or appoint. Such election or <br />appointment shall be in accordance with the Governing Documents. Except as otherwise provided in <br />Governing Documents, all matters requiring the approval of Members shall be deemed approved if: (a) <br />Members holding a majority of the total Voting Power consent to them in writing as provided in the Bylaws; <br />(b) such matters are approved by a majority vote of a quorum of Members at any regular or special meeting <br />held in accordance with the Bylaws; or (c) in certain situations set forth in Section 4.4 (Duties of the <br />Association), such matters as are approved in accordance with the procedures set forth in Section 4.4 <br />(Duties of the Association). <br />4.3 Powers of the Association. The Association shall have all the powers of a nonprofit <br />mutual benefit corporation organized under the laws of the State of California subject only to such limitations <br />on the exercise of such powers as are set forth in the Governing Documents. It shall have the power to do <br />any lawful thing that may be authorized, required, or permitted to be done by the Association under the <br />Governing Documents including, without limitation, the powers set forth below. <br />4.3.1 Performance of Duties; Commencement of Association’s Duties and <br />Powers. The Association shall have the power to undertake all of the express duties required to be <br />performed by the Association. Unless otherwise specified in a Supplementary Declaration, the duties, rights <br />and powers of the Association as described in this Declaration shall commence from and after the date of <br />the conveyance of fee ownership of any portion of the Property from Declarant to a First Owner, or such <br />earlier date that Declarant may elect, and the Association shall thereupon assume all such duties and such <br />rights and powers. <br />4.3.2 Assessments. The Association shall have the power to establish, fix, and levy <br />Assessments against the Owners and to enforce payment of such Assessments, in accordance with the <br />provisions of the Governing Documents. <br />4.3.3 Right of Enforcement. The Association shall have the power to: (a) take <br />disciplinary action and/or assess monetary fines against an Owner for violation of the Governing Documents <br />by such Owner or their Invitees; (b) commence and maintain actions for damages or to restrain and enjoin <br />any actual or threatened breach of any provision of the Governing Documents; (c) after Notice and Hearing, <br />suspend the rights to use any portion of the Association Property or membership rights or privileges (other <br />than voting rights); and/or (d) enforce by mandatory injunction, or otherwise, any resolutions of the Board <br />or any provision of the Governing Documents. In addition, the Association can temporarily suspend the <br />membership rights and privileges and/or can assess monetary fines against any Owner or other person <br />entitled to exercise such rights or privileges for any violation of the Governing Documents or Board <br />resolutions, in accordance with the procedures set forth in this Declaration and in the Bylaws; provided, <br />however, that unless such suspension is due to a failure to pay Assessments pursuant to Article 6 <br />(Assessments), such suspension shall not last longer than sixty (60) days. In no event shall the Association <br />(i) suspend an Owner’s right and easement of access for ingress and egress over the Association Property <br />to the extent necessary to provide access and utility service to the Unit; or (ii) suspend an Owner’s voting <br />rights as a Member for so long as such Owner is a Member. <br />4.3.4 Right of Entry. The Association or any authorized representative thereof shall <br />have the right, upon forty-eight (48) hours’ prior notice and during reasonable hours, to enter in or on any <br />Exclusive Use Easement Area or the interior of any Unit for the purpose of: (a) construction, maintenance <br />279