AgdaPkt 2015-06-22 Interview and Joint SA PFA

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73 6557.03/12309 letters of credit or other security held by the Association with respect to such improvements, and the Board shall cooperate with Declarant respect to such release. Section 11.8 Owner’s Compliance. Each Owner of a Condominium and/or occupant of a Unit shall comply with the provisions of the Condominium Documents and the decisions and resolutions of the Association or its duly authorized representative as such may be lawfully amended from time to time and failure to comply with any such provisions, decisions or resolutions shall be grounds for action to recover sums due for damages or for injunctive relief. All arrangements and determinations lawfully made by the Association in accordance with the voting percentages established in this Declaration or in the Bylaws shall be deemed to be binding on all Owners of Condominiums and their successors and assigns. Section 11.9 Conflict. In the case of any conflict or inconsistencies between the Articles and Bylaws and this Declaration, this Declaration shall control. If there are any conflicts or inconsistencies between this Declaration and a Declaration of Annexation, then the Declaration of Annexation shall control with respect to those Condominiums that are encumbered by the Declaration of Annexation. Section 11.10 Use of Words. Unless the context otherwise requires, singular nouns and pronouns used in this Declaration should be construed as including the plural thereof. For convenience and brevity, masculine pronouns have been used herein in their generic sense as a reference to all Persons without regard to sex. The use of the word “including” does not limit the possible examples of the matter discussed. Section 11.11 Statutory References. All references in this Declaration to particular statutes or codes are references to the laws of the State of California and should be deemed to include the same statute as hereafter amended or, if repealed, to such other statutes as may thereafter govern the same subject as the statute to which specific reference was made. If a statute is repealed and no replacement statute applies, then the requirement of the prior statute shall apply unless amended by the Association. Section 11.12 otices . Any notice permitted or required by this Declaration, the Articles or the Bylaws may be delivered by either personally or by mail, or as otherwise permitted by Civil Code Sections 4040 through 4055, as applicable. If delivered by mail, such notice shall be deemed to have been delivered seventy-two (72) hours after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to each Person at the current address given by such Person to the Secretary of the Association or addressed to the Unit of such Person if no address has been given to the Secretary. Section 11.13 o Discrimination . Notwithstanding anything that may be stated herein, no provision of this Declaration shall purport to restrict or abridge, directly or indirectly, the right of an Owner to sell or lease his Condominium because of the race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry, family status, or other limitation prohibited by law, of a proposed or actual buyer or occupant. Section 11.14 Power of Attorney. Each of the Owners irrevocably appoints the Association as attorney-in-fact and irrevocably grants to the Association full power in the name and stead of such Owner to sell the entire Development and to execute deeds and conveyances to it, in one or more transactions, for the benefit of all Owners when partition of the Development may be had under Civil Code Section 4610 and under the circumstances authorizing partition under this Declaration. This power of attorney shall (i) be binding on all Owners whether they assume the obligations under this Declaration or not; (ii) be exercisable by a majority of the Board acting on behalf of the Association subject to obtaining the prior approval by vote or written consent of sixty-seven percent (67%) of all Mortgagees of First Mortgages; 7.1.K. - Page 77