AgdaPkt 2015-06-22 Interview and Joint SA PFA

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55 6557.03/12309 perform any act which results in damage to the Association Common Area. The provisions of this Declaration concerning using, maintaining and managing the Association Common Area are subject to any rights or limitations established by any easements or other encumbrances which encumber the Association Common Area. The Association reserves the right to prescribe reasonable rule and regulations for the use of the Public Access Area. Any such rules and regulations shall first be approved by or on behalf of the BCDC upon a finding that the proposed rules and regulations will not significantly affect the public nature of the Public Access Area, will not unduly interfere with reasonable public use of the Public Access Area, and will tend to correct specific problems that the Association has identified and substantiated. Such rules and regulations may restrict the permissible hours of use of the Public Access Area along the shoreline, as well as set forth permissible activities. Section 7.30 Smoking Prohibited in Shared Common Areas. In order to engender a healthy and environmentally friendly atmosphere, and to reduce second-hand smoke that may be experienced by the occupants of the Development, there shall be no smoking whatsoever in any portion of the Common Area that is shared by all occupants of the Development (“Shared Common Area”). There shall be no smoking of any kind in any Shared Common Area, including, without limitation, cigarettes, pipes, cigars or other products by the Owners or their tenants, guests or visitors. Smoking shall be prohibited in all Shared Common Areas, including, without limitation, all courtyard areas, walkways, park areas (if any), and marina areas (if any). Notwithstanding the above, smoking shall be permitted within a Unit, in exclusive use patio areas appurtenant to an Owner’s Unit, and in front porch areas immediately adjacent to the front door of a Unit. Smoking anywhere in the Development shall be subject to applicable ordinances of the City of Redwood City and the County of San Mateo. ARTICLE 8 MORTGAGE PROTECTIO Section 8.1 Validity of Mortgage Lien. No breach of any of the covenants, conditions and restrictions contained herein, nor the enforcement of any lien provisions herein, shall defeat or render invalid the lien of any First Mortgage on any Condominium made in good faith and for value, but all of said covenants, conditions and restrictions shall be binding upon and effective against any Owner whose title is derived through foreclosure or trustee’s sale or otherwise. Section 8.2 otice to Eligible Mortgagees and Eligible Insurers and Guarantors. Upon written request to the Association identifying the name and address of the Eligible Mortgagee or Eligible Insurer or Guarantor and the applicable Unit address, such Eligible Mortgagee or Eligible Insurer or Guarantor shall be entitled to timely notice of: (a) Any condemnation loss or any casualty loss which affects a material portion of the Development or any Condominium on which there is a Mortgage held, insured or guaranteed by such Eligible Mortgagee or Eligible Insurer or Guarantor, as applicable; (b) Any delinquency in the payment of Assessments or charges owed by an Owner of a Condominium subject to a Mortgage held, insured or guaranteed by such Eligible Mortgagee or Eligible Insurer or Guarantor which remains unpaid for a period of sixty (60) days; (c) Any default in the performance of an obligation under the Condominium Documents by an Owner of a Condominium subject to a Mortgage held, insured or guaranteed by such 7.1.K. - Page 59