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21 <br />6557.03/12309 <br />Board, at least two members of the Board which were elected solely by votes of Members other than <br />Declarant shall take any action concerning construction defect claims under Title 7 (including, if <br />necessary, the allocation of Association funds) as requested by a majority of the Members other than <br />Declarant. Upon the election of a Board of Directors, which results in there being at least two (2) <br />Directors elected solely by votes of Members other than Declarant (Non-Declarant Directors), any <br />decisions made thereafter by the Association about whether or not to initiate a construction defect claim <br />under Title 7 shall be made by the two (2) Non-Declarant Directors, or in the event that there are more <br />than three (3) Non-Declarant Directors serving on the Board, by a majority of the Non-Declarant <br />Directors; provided, further that any determination by such Non-Declarant Directors to initiate a <br />construction defect claim under Title 7 must be approved by at least seventy-five percent (75%) of the <br />Members, excluding the vote of Declarant; provided, further that any such determination by such Non- <br />Declarant Directors to initiate a construction defect claim under Title 7 shall be subject to the terms and <br />conditions of Sections 10.3 and 10.4 of this Declaration. The provisions of this section may be amended <br />only with the vote or written consent of at least seventy-five percent (75%) of the Members, excluding the <br />vote of Declarant. Reference is made to the Bylaws for further details concerning the Board and voting <br />procedures. <br /> <br />Section 3.7 General Duties and Powers. In addition to the duties, powers and limitations <br />enumerated in the Articles and Bylaws of the Association or elsewhere provided for at law or herein, and <br />those enumerated in Section 7140 of the Corporations Code, and without limiting the generality thereof, <br />the Association shall: <br /> <br />(a) Subject to the provisions of Section 5.1 of this Declaration, manage, control, <br />operate, repair, replace, restore, and maintain in good condition and appearance, all of the Common Area <br />and all facilities, improvements, furnishings, equipment and landscaping thereon (other than that placed <br />by an Owner or tenant upon any Exclusive Use Common Area). The Association shall maintain and <br />repair any portions of the Common Area damaged by the presence of wood destroying pests or <br />organisms, and all property that may be acquired by the Association, as more fully provided in <br />Section 5.5. In furtherance of its responsibilities under this Section 3.7, and as further described in <br />Sections 5.1 and 5.2 below, the Association may cause any maintenance, repair or replacement of any <br />portion of the Common Area. Relocation of Owners or tenants required in order to repair any areas <br />within the responsibility of the Association shall be subject to the provisions of Civil Code Section 4785 <br />et seq. <br /> <br />(b) Acquire, provide and pay for water, sewer, garbage disposal, electrical, gas and <br />other necessary utility services for the Common Area, and for those Units to which said utilities and <br />services are not separately provided; provided, however, the Association shall have no liability to any <br />Owner arising out of the temporary or permanent failure of any utility, governmental entity or quasi- <br />utility to deliver such services after the Association has contracted for such services. <br /> <br />(c) Grant easements over, under and through the Common Area and/or any of the <br />Units that are reasonably necessary for the efficient operation of the Development. <br /> <br />(d) Maintain such policy or policies of insurance as are required by this Declaration <br />or as the Board deems necessary or desirable in protecting the interests of the Association and its <br />Members, as further provided in Article 9 of this Declaration. <br /> <br />(e) Have the authority to employ a manager or other Persons and to contract with <br />independent contractors or managing agents to perform all or any part of the duties or responsibilities of <br />the Association except the initiation and execution of disciplinary proceedings against Members in <br />accordance with the procedure set forth in the Bylaws; provided, however, that any contract with a firm or <br />7.1.K. - Page 25