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8F Consent 2021 0907
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8F Consent 2021 0907
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Last modified
9/17/2021 9:29:38 AM
Creation date
9/2/2021 5:22:30 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
9/7/2021
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PERM
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Reso 2021-124 Final Map DR Horton Bay
(Approved)
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\City Clerk\City Council\Resolutions\2021
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<br /> <br />4810-5342-0509, v. 2 <br /> 3 <br /> <br />1.9 “Association Maintenance Manual” means the manual which may be prepared by <br />Declarant setting forth the standards and requirements for maintenance of the Association Property by the <br />Association. <br />1.10 “Association Property” means all real property owned from time to time, in fee title by <br />the Association and/or designated as Association Property by Declarant. Upon conveyance to the <br />Association, the Association Property in the first Phase of the Community will consist of the real property <br />identified as Association Property on Exhibit “A.” The Association Property in subsequent Phases shall <br />be described in Supplementary Declarations. <br />1.11 “Board” means the board of directors of the Association. <br />1.12 “Budget” means the budget for the Association which sets forth all of the Common <br />Expenses to be allocated among the Owners. <br />1.13 “Bylaws” means the bylaws of the Association and any amendments thereto. <br />1.14 “City” means the City of San Leandro, California. <br />1.15 “Common Area” means the three-dimensional portion of each Lot or Module, as <br />applicable consisting of airspace, which Common Area is owned in equal undivided interests by the Owners <br />of Units in such Lot or Module. The lateral and vertical boundaries of the Common Area are shown on the <br />applicable Condominium Plan. <br />1.16 “Common Expenses” means the actual and estimated costs and expenses incurred or <br />to be incurred by the Association including, without limitation, the following: expenses for maintenance, <br />management, operation, repair and replacement of the Association Property; expenses incurred in <br />performing the duties and obligations of the Association set forth in this Declaration and the other Governing <br />Documents; expenses incurred by the Association in connection with implementing and performing the <br />maintenance, inspections and other obligations of the Association set forth in the Association Maintenance <br />Manual; expenses incurred in complying with the Community Entitlements and Applicable Laws; expenses <br />incurred in administering any committees formed by the Association; expenses incurred to cover due but <br />unpaid Assessments; expenses for management and administration of the Association, including, without <br />limitation, compensation paid by the Association to managers, accountants, attorneys, architects and <br />consultants; expenses incurred in maintaining the legal status and qualifications of the Association as an <br />entity in good standing and entitled to do business in the State of California; expenses of any inspections <br />required or deemed appropriate by the Association; expenses, if any, required for the maintenance of any <br />areas required by Governmental Entities or the Community Entitlements to be maintained by the <br />Association; expenses for any utilities and other services benefiting the Owners and their Condominiums <br />to the extent such services are paid for by the Association; expenses of insurance and/or fidelity bonds <br />maintained by the Association; reasonable reserves as deemed appropriate by the Board or otherwise <br />required pursuant to the Governing Documents or Applicable Laws; expenses of bonding of the members <br />of the Board and any professional managing agent or any other person handling the funds of the <br />Association; taxes and assessments paid by the Association; expenses incurred by the Association for the <br />discharge of any lien or encumbrance levied against the Association Property or portions thereof; and any <br />other expenses incurred by the Association in connection with the operation and/or maintenance of the <br />Association Property, or in furtherance of the purposes or the discharge of any obligations imposed on the <br />Association by the Governing Documents. <br />1.17 “Community” means all of the Property together with all Improvements situated thereon. <br />1.18 “Community Entitlements” means all governmental approvals, permits and <br />authorizations issued in connection with the approval of the development of the Community including, <br />without limitation, the tentative map, the Map, development agreements, conditions of approval and project <br />permits. <br />256
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