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Recission of Enabling Declaration Establishing A Plan For Condominum Ownership 2-27-1981
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Recission of Enabling Declaration Establishing A Plan For Condominum Ownership 2-27-1981
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Last modified
9/3/2015 12:40:49 PM
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9/3/2015 12:35:33 PM
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Recorded Docs - Type
Declaration
Subject
Recision of Enabling Declaration Establishing
Doc Num
18803AS
Rec Date
2/27/1981
Parties
Pelican Cove Development Co.
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M <br /> p <br /> f . <br /> 1 <br /> 1 <br /> • <br /> resolutions of the Association or its duly authorized represen- <br /> tative, as lawfully amended from time to time and failure to <br /> comply with any such provisions, decisions, or resolutions, <br /> shall he grounds for an action to recover sums due, for damages, <br /> t.) or for injunctive relief. <br /> J All agreements and determinations lawfully made <br /> M by the Association in accordance with the voting percentages <br /> established in this Declaration or in the Articles or the <br /> Bylaws, shall he deemed to he binding on all owners of condo- <br /> miniums, their successors and assigns. <br /> 8. 13 Notices: Any notice <br /> � y permitted or required by <br /> L: the Declaration, Articles or Bylaws may be delivered either <br /> " personally or by mail . If delivery is by mail, it shall he <br /> u, deemed to have been delivered seventy-two (72) hours after a <br /> copy of the same has been deposited in the United States mail , <br /> N first class or registered, postage prepaid, addressed to each <br /> X person at the current address given by such person to the <br /> 4 Secretary of the Board or addressed to the unit of such person 1-+ <br /> if no address has been given to the Secretary. <br /> ci <br /> t 8. 14 Special Provisions Relating to Enforcement of <br /> Declarant's c,hligation to Complete Common Area ^.% <br /> Improvements: Where the project fnRaTA es common <br /> area improvements which have not been completed prior to the <br /> close of escrow on the sale of the first unit , and where the <br /> Association is obligee under a bond or other arrangement <br /> (hereafter "bond") to secure performance of the commitment of <br /> Declarant to complete said improvements, the Board shall <br /> consider and vote on the question of action by the Association <br /> to enforce the obligations under the bond with respect to any <br /> improvement for which a notice of completion has not heen filed <br /> within sixty (60) days after the completion date specified for <br /> that improvement in the planned construction statement appended <br /> to the bond. If the Association has given an extension in <br /> writing for the completion of any common area improvement, the <br /> Board shall consider and vote on the aforesaid question if a <br /> • <br /> notice of completion has not been filed within thirty ( 3U) days <br /> after the expiration of the extension. A special m� etinq of <br /> members of the Association for the purpose of voting tc, <br /> override a decision by the Board not to initiate actlor to <br /> enforce the obligations under the bond or on the failure of the <br /> Board to consider and vote on the question shall he held not <br /> 1 less than thirty-five ( 35) days nor more than forty-five (45) <br /> 1 days after receipt by the Board of a petition for such a <br /> i meeting signed by members representing five percent (5A) of the <br /> total voting power of the Association. At such special meeting <br /> I a vote of a majority of members of the Association other than <br /> the Declarant shall be required to take action to enforce the <br /> obligations under the bond and a vote of a majority of the <br /> voting power of the Association, excluding Declarant , shall be <br /> -34- <br />
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