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4/1/2022 12:14:39 PM
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Reso 2022-047 Approve Parcel Map 11257 for 3081 and 3089 Teagarden Street
(Approved by)
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DSCC-57520\2494968.2 18 September 17, 2021 <br />Notwithstanding anything herein to the contrary, if the use, management, or maintenance of any <br />Condominium, Exclusive Use Common Area, the equipment or facilities maintained in any Condominium, <br />or any related reason, results in an increase in the Association costs, including, but not limited to, increases <br />in maintenance and repair costs, trash removal costs, commonly-metered utility costs, or insurance costs, <br />the Association may allocate the amount of the increase to the Condominium responsible for the increase <br />and levy a reimbursement assessment to collect the amount due. <br />6.9 Enforcement of Delinquent Assessments. If an Owner fails to pay an assessment when <br />due (a “Delinquent Owner”), an Owner of the other Condominium (the “Enforcing Owner”) may act on behalf <br />of the Association and may elect to pursue one of the following remedies described in this Section 6.9 in <br />the event of a delinquent assessment. The Enforcing Owner shall for all purposes be deemed the <br />Association for purposes of this Section 6.9. <br />6.9.1 Personal Obligation. The Enforcing Owner may either: (i) bring a legal action <br />directly against the Delinquent Owner for breach of the Delinquent Owner’s personal obligation to pay the <br />assessment and, in such action, shall be entitled to recover the delinquent assessment or assessments, <br />accompanying late charges, interest, costs and reasonable attorneys’ fees; or (ii) commence the mediation <br />and reference procedures described in Sections 11.2 and 11.3. Commencement of a legal action shall <br />not constitute a waiver of any lien rights as described in Section 6.9.2. If legal action is commenced, the <br />alternative dispute resolution provisions set forth in Article 11 shall conclusively be presumed to have been <br />waived by the Owners of both Condominiums with respect to any issues directly relating to the alleged <br />delinquent assessments. <br />6.9.2 Assessment Lien. The Enforcing Owner may impose a lien against the Delinquent <br />Owner’s Condominium for the amount of the delinquent assessment or assessments, plus any costs of <br />collection (including attorneys’ fees), late charges and interest by taking steps to enforce the lien as <br />authorized by the applicable provisions in Chapter 7 of the Commercial and Industrial Common Interest <br />Development Act (Civil Code sections 6800 through 6828) or any successor statutes thereto. <br />6.10 Estoppel Certificate. Within ten (10) days of the mailing or delivery of a written request by <br />any Owner, the Association shall provide the Owner with a written statement containing the following <br />information: (i) whether to the knowledge of the Association, the Owner or Occupant of the Owner’s <br />Condominium is in violation of any of the provisions of the Governing Documents; (ii) the amount of regular <br />and special assessments, including installment payments, paid by the Owner during the fiscal year in which <br />the request is received; and (iii) the amount of any assessments levied against the Owner’s Condominium <br />that are unpaid as of the date of the statement, including any late charges, interest or costs of collection, <br />and that, as of the date of the statement, are or may be made a lien against the Owner’s Condominium as <br />provided by this Declaration. The Association may charge a fee to provide this information provided the <br />fee shall not exceed the Association’s reasonable cost to prepare and reproduce the requested items. <br />ARTICLE 7 <br />Insurance <br />7.1 Owners’ Individual Insurance Requirements. It is each Condominium Owner’s <br />responsibility to (i) maintain property insurance against losses to the fixtures, Improvements and personal <br />property located within the Owner’s Unit; and (ii) maintain liability coverage against bodily injury or other <br />damage arising out of the ownership, maintenance, or use within the Owner’s Unit or for injury to any Person <br />or damage to any Improvements or personal property within the Development caused by any act or <br />omission of Owner or Occupant or their Permittees. The Association’s insurance policies will not <br />provide coverage for losses to the Owner’s personal property or for any fixtures or Improvements <br />located within the Unit to the extent not covered under Section 7.3.17.3.1(ii). The Association’s <br />insurance policies also will not provide coverage for any damage or destruction to the Solar Energy <br />System exclusively serving a Condominium. In addition, each Condominium Owner is required to <br />maintain, if applicable, the Solar Energy System insurance required under Section 3.12. Nothing herein
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