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<br /> <br />4810-5342-0509, v. 2 <br /> 27 <br /> <br />or repair; (b) enforcing the provisions of the Governing Documents or to perform its obligations under the <br />Governing Documents to cure any default by an Owner; or (c) inspecting, maintaining and repairing the <br />Improvements, if any, located within said Unit or Exclusive Use Easement Area which are required to be <br />maintained by the Association as provided in this Declaration. Notwithstanding the forgoing, in the event <br />that there is an Emergency, the agents and representatives of the Board may enter such Unit or Exclusive <br />Use Easement Area immediately and without notice for the sole purpose of taking such action as is <br />necessary under the circumstances. Any damage caused by entry by the Association pursuant to the <br />provisions of this Section shall be repaired by the Association. Such Persons shall not be deemed guilty <br />of trespass by reason of such entry. <br />4.3.5 Delegation of Rights of Use. Subject to the Governing Documents, the <br />Association shall have the power to exclusively use or to allow the Owners or Occupants the exclusive use <br />on a temporary basis of portions of the Association Property for events and functions, on terms and <br />conditions that the Board deems appropriate, including charging such Owners or Occupants for such use <br />provided that if Declarant owns any portion of the Property or Annexable Property, the prior consent of <br />Declarant shall be obtained. <br />4.3.6 Delegation of Powers; Professional Management. The Association shall <br />have the power to delegate its powers, duties, and responsibilities to committees or employees, including <br />a professional managing agent, subject to the requirements of Section 4.5.2 (Property Manager). <br />4.3.7 Easements and Rights of Way. The Association shall have the power to <br />exercise any of the easements and other rights granted to the Association under Article 3 (Ownership and <br />Easements). Declarant or the Association may grant and convey to any third party non-exclusive <br />easements and licenses for use and rights of way over, through, under and across any Association Property <br />in accordance with the provisions of this Declaration, so long as such easements do not materially and <br />adversely interfere with the Owners’ rights set forth in this Declaration. The affirmative vote of majority of <br />Members shall be required before the Board may grant exclusive use of any portion of the Association <br />Property to any Member unless the grant of exclusive use is one of the exceptions to Member approval <br />requirements listed in California Civil Code Section 4600. <br />4.3.8 Capital Improvements. Subject to the terms of this Declaration, the <br />Association shall have the power to approve the construction, installation or acquisition of a particular <br />capital improvement to the Association Property. <br />4.3.9 Acquire Property. The Association shall have the power to acquire and hold <br />real and personal property as may be necessary or convenient for (i) the management or operation of the <br />Association Property, (ii) the administration of the affairs of the Association or (iii) the benefit of the Owners. <br />The Association may dispose of the same by sale or otherwise. <br />4.3.10 Restrict Access. The Association shall have the power to restrict access on <br />or to any portion of the Association Property for purposes of facilitating construction or making repairs of <br />Improvements by the Association on such terms as the Association may deem reasonably appropriate. <br />Any such restriction shall reasonably minimize any impact on access to and from any neighboring areas. <br />4.3.11 Enter Into Agreements and Contracts. The Association shall have the power <br />to enter into maintenance, cost sharing and/or easement agreements with owners of property adjacent or <br />in the vicinity of the Property (including, without limitation, Governmental Entities) or any owners <br />associations. Unless otherwise specified in the agreement or a Supplementary Declaration, any <br />agreements entered into by Declarant with Governmental Entities relating to the Property shall be binding <br />on the Association. Notwithstanding any other provisions of this Declaration regarding the term of contracts <br />with Declarant for providing services to the Association, the Association shall have the power to enter into <br />maintenance, use, subsidy or similar agreements with Declarant. The Association shall have the power to <br />contract for goods and services for the benefit of the Association Property and the Community that are <br />necessary for the Association to perform its duties and obligations under the Governing Documents and/or <br />280