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9E Consent
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9E Consent
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4/1/2022 12:14:39 PM
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4/1/2022 12:13:31 PM
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Reso 2022-047 Approve Parcel Map 11257 for 3081 and 3089 Teagarden Street
(Approved by)
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\City Clerk\City Council\Resolutions\2022
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DSCC-57520\2494968.2 17 September 17, 2021 <br />6.3 Reserves. Each annual regular assessment may include, at the discretion of the <br />Association, a portion for reserves in such amount as the Association in its discretion considers appropriate <br />to meet the cost of the future repair, replacement or additions to the capital Improvements that the <br />Association is obligated to maintain. Reserve funds shall be deposited in a separate account, if collected. <br />6.4 Special Assessments. The Association may levy a special assessment if it determines that <br />the Association’s available funds are inadequate to meet estimated expenses due to unexpected repairs or <br />replacements of capital Improvements or other unanticipated expenses. The Association may levy the <br />entire special assessment immediately or levy it in installments over any period the Association considers <br />appropriate. <br />6.5 Reimbursement Assessments. The Association shall have the authority to levy <br />reimbursement assessments against Condominium Owners to reimburse the Association for any costs <br />incurred or to be incurred by the Association as the result of any negligent or willful act or omission of any <br />Owner or Occupant or their Permittees. The levy shall not include any portion that is paid or will be paid by <br />any insurer under a policy maintained by the Association. Payment of the deductible amount shall be the <br />responsibility of the Owner and is subject to a reimbursement assessment. If the reimbursement <br />assessment is levied and paid before all or any portion of the costs have been incurred by the Association <br />and the amount paid exceeds the costs incurred, the Association promptly shall refund the excess to the <br />Owner. If the costs exceed the amount, the Owner shall reimburse the Association within thirty (30) days <br />thereafter. If payment is not made when due, the payment shall be considered a delinquent assessment <br />and the Association may enforce the delinquent assessment as described in Section 6.9. <br />A monetary charge imposed by the Association as a means of reimbursing the Association for costs <br />incurred by the Association in the repair of damage to Common Area or Improvements maintained by the <br />Association caused by a Member, or the Member’s Occupants or Permittees may become a lien against <br />the Member’s separate interest enforceable by sale of the interest under sections 2924, 2924b and 2924c <br />of the Civil Code. A monetary penalty imposed by the Association as a disciplinary measure for failure of <br />Members to comply with the Governing Documents may not be treated as a lien enforceable by sale under <br />Civil Code sections 2924, 2924b and 2924c. <br />6.6 Commencement of Regular Assessments. Annual regular assessments shall commence <br />for all Condominiums on the first day of the month after transfer of title to the DSCC Unit. <br />6.7 Due Dates of Assessments. The annual regular assessment shall be collected in twelve <br />(12) monthly installments and each installment shall be due and payable on the first day of each month. <br />Special assessments shall be due on such date or dates as selected by the Association. Reimbursement <br />assessments shall be due and payable ten (10) days after the Owner receives the notice of the <br />reimbursement assessment. The notice shall be deemed received on the date described in Section 12.13. <br />Any annual regular assessment installment (including any accelerated installments), special <br />assessment, or reimbursement assessment not paid within fifteen (15) days after the due date shall be <br />delinquent, shall bear interest at the rate of twelve percent (12%) per annum from thirty (30) days after the <br />due date until paid, and shall incur a late penalty in an amount to be set by the Association from time to <br />time, not to exceed the maximum amount permitted by Applicable Laws. <br />6.8 Allocation of Regular and Special Assessments. Regular assessments levied by the <br />Association shall be allocated in equal amounts between the Units. <br />The Association may elect to have submeters installed to measure water uses by each <br />Condominium, which would result in Association costs for domestic water to be allocated between the <br />Condominiums based on the submeter readings. Unless submeters are installed, water and sewer costs <br />shall be allocated pro rata based on each Unit’s square footage measurements as described in Exhibit C.
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