AgdaPkt 2015-06-22 Interview and Joint SA PFA

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54 6557.03/12309 improvement, (ii) remedy the non-compliance, or (iii) institute legal proceedings to enforce compliance or completion. (i) The Architectural Control Committee or the Board may condition its approval upon the Owner recording a “Notice of Non-Responsibility” or similar document protecting the Association or other Owners from any mechanics lien that may be recorded because of such alteration or improvement. (j) Nothing contained in this Section shall be construed as requiring Declarant or Declarant’s successors or assigns to all of any portion of the Property to obtain approval for the renovation, modification, repair, maintenance or completion of the Development, Property or any portion thereof. In addition, Declarant, or its successors or assigns shall not be subject to the approval requirements of this Section 7.26 in connection with any maintenance, repairs or modifications made to any improvements as may be required by law or pursuant to any Declarant, or agreement with any adjacent property owner, the City or any Unit Owner or the Association. (k) Notwithstanding any provision herein to the contrary, in no event shall any Owner or occupant puncture or cause any holes or opening in any patio or balcony surface or wall without the express written consent of the Board or Architectural Control Committee. Any such hole or opening in a patio or balcony surface or wall shall be specifically designed to prevent any leakage, seepage or intrusion of water or moisture of any kind into the building. (l) In reviewing plans, the Architectural Control Committee shall comply with the requirements of Civil Code Section 4765, and with all federal, State and local laws regulating the rights of handicapped persons. If there is any conflict between the provisions of this Section 7.26 and Civil Code Section 4765, Civil Code Section 4765 shall control to the extent of the conflict. (m) Notwithstanding anything in this Declaration to the contrary, any uses or activities requiring a conditional use permit, variance, or other discretionary permit or approval shall require a permit or approval pursuant to relevant City codes, policies, and applicable Law. Section 7.27 Legal Action. The failure of any Owner to comply with any provision of this Declaration, the Bylaws or the Association Rules, if any, shall give rise to a cause of action in the Association and/or any aggrieved Owner for the recovery of damages or for injunctive relief, or both, including reasonable attorneys fees, costs and expenses as may be determined by the court. Section 7.28 Sports Equipment. The Board shall have the right to adopt Rules concerning the installation, use and operation of any sports equipment and related apparatus. Section 7.29 Use of Association Common Area; Public Access Area. Use use of the Association Common Area is subject to the Association Rules, as may be amended from time to time by the Board. Subject to Sections 3.8, 3.11 and 4.18 of this Declaration, all persons residing within the Development may enjoy the use of all facilities in the Association Common Area as long as they abide by the terms of this Declaration and applicable Association Rules. There shall be no obstruction of any part of the Association Common Area. Nothing shall be stored in or kept in the Association Common Area without the prior consent of the Board. Nothing shall be done in or kept in the Association Common Area which will increase the rate of insurance on the Common Area without the prior consent of the Board. No Owner shall permit anything to be physically done in or kept in the Common Area or any other part of the Development which might result in the cancellation of insurance on any part of the Association Common Area, which would interfere with rights of other Owners, or which would be a nuisance, noxious, harmful or unreasonably offensive to other Owners. No Owner or Invitee shall 7.1.K. - Page 58