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24 <br />6557.03/12309 <br />Board shall only enter into, accept an assignment of, or otherwise cause the Association to comply with <br />the terms of a Telecommunications Contract if the Board determines that such action is in the best <br />interests of the Association. Among other factors the Board deems appropriate, the Board shall consider <br />the following factors in making such a determination: <br /> <br />(1) The initial term of the Telecommunications Contract should not exceed <br />five (5) years, and if the Telecommunications Contract provides for automatic extensions, the length of <br />such extension should not exceed five (5) years. <br /> <br />(2) The Telecommunications Contract should provide that (a) at least six (6) <br />months prior to the expiration of either the initial term or any extended term of the Telecommunications <br />Contract, the entire membership of the Association may, without cause by a sixty percent (60%) vote, <br />prevent any automatic extension that the Telecommunications Contract may provide and thereby allow <br />the Telecommunications Contract to expire and (b) at any time the Board may terminate the <br />Telecommunications Contract if, in the sole discretion of the Board, the Service Provider fails to provide <br />quality, state of the art telecommunications services. <br /> <br />(3) Whether the monthly or other fees charged to the Association by the <br />Service Provider for the provision of the telecommunications services to all of the Units represents a <br />discount form comparable retail fees charges by the Service Provider in the general geographic area in <br />which the Development is located, and if so, the amount of such discount. <br /> <br />(4) Whether the Service Provider is solely responsible for the installation, <br />and the costs thereof, of the telecommunications equipment and facilities necessary to provide the <br />telecommunications services to each Unit. <br /> <br />(5) Whether the Service Provider has the right to remove the <br />telecommunications equipment and/or facilities provided and/or installed by the Service Provider upon <br />expiration or termination of the Telecommunications Contract. <br /> <br />(s) Provide to Declarant all notices described in Section 3.7(q) above. In addition to <br />the notices described in Section 3.7(q) above, the Board shall provide Declarant with all other Association <br />notices, reports, summaries, budget pro-formas and statements, assessment notices under Section 4.6, <br />4.11, expenditure of Reserves notices under Section 4.21, and copies of all other notices required to be <br />given to the Owners by other provisions in this Declaration and in the Bylaws, including, without <br />limitation, notices, agendas, and minutes of all Board and Association Member meetings. <br />(t) Declarant shall have the right to serve on the Board in an advisory capacity, as <br />further described in Section 5.05 of the Bylaws. <br /> <br />(s) The Association shall have the right to enter into agreements with the Declarant <br />and/or adjacent property owner concerning reciprocal access easements and shared use and maintenance <br />of such easement areas. <br /> <br />Section 3.8 Association Rules. As further described in Section 3.7(g) above, the Association <br />shall have the power to adopt, amend, and repeal the Association Rules as it considers reasonable and <br />appropriate, subject to the Owners’ right to receive prior notice of, and to challenge, the adoption, <br />amendment, or repeal of certain categories of Association Rules as provided in California Civil Code <br />Sections 4340-4370. The Association Rules shall govern, without limitation, signs, parking restrictions, <br />minimum standards of property maintenance, and the use and enjoyment of the Common Area and all <br />7.1.K. - Page 28