Rec Doc 2016-099081 CONF The Grove Declaration of Restrictions (CC&Rs)

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complete the Common Area Improvements not completed at the time the California Bureau of Real Estate issued a final subdivision report, the Board will consider and vote on the question of action bythe Association to enforce the obligations under the Bond with respect to any Improvement for which a notice of completion has not been filed by the later of: (i) sixty (60) days after the completion date specified for that Improvement in the "planned construction statement" appended to the Bond; or (ii) thirty (30) days after the expiration of any written extension given by the Association. If the Board Fails to consider and vote on the action to enforce the obligations under the Bond, or if the Board decides not to initiate action to enforce the obligations under the Bond, then on receipt of a petition signed by Owners representing not less than five percent (5%) of the total voting power of the Association, the Board shall call a special meeting of Owners for the purpose of voting to override the decision of the Board not to initiate action or to compel the Board to take action to enforce the obligations under the Bond. The Board shall give written notice of the meeting to all Owners entitled to vote in the manner provided in this Declaration or in the Bylaws for notices of special meetings of Owners. The meeting shall be held not less than thirty-five (35) days nor more than forty-five (45) days after receipt of the petition. At the meeting, the vote in person or by proxy by a majority of the Owners entitled to vote (other than Declarant) in favor of taking action to enforce the obligations under the Bond shall be considered the decision of the Association; and the Board shall implement this decision by initiating and pursuing appropriate action in the name of the Association. Upon satisfaction of the Declarant's obligation to complete the Common Area Improvements, the Board shall acknowledge in writing that it approves the release of the Bond and shall execute any other documents or instruments as may be necessary or advisable to effect the release of the Bond. The Board shall not condition its approval to release the Bond on the satisfaction of any condition other than the completion of the Common Area Improvements as described in the "planned construction statement". Any dispute between the Declarant and the Association regarding the release of the Bond shall be resolved in accordance with the Bond escrow instructions or, if these instructions are not operative for any reason, in accordance with the procedures of Article 11. 5.12 Limitations on Authority of the Board. The Association is prohibited from taking any of the following actions: (i) except as otherwise provided in law, or order of the court, or an order pursuant to a final and binding arbitration decision, the Association shall not deny an Owneror Occupant physical access to his or her Lot, either by restricting access through the Common Areas to the Owner's Lot or by restricting access solely to the Owner's Lot; (ii) the Association may not voluntarily assign or pledge the Association's right to collect payments or assessments or to enforce or foreclose a lien to a third parry except when the assignment or pledge is made to a financial institution or lender chartered or licensed under Applicable Laws when acting within the scope of that charter or license as security For a loan obtained by the Association; however, the foregoing provision may not restrictthe right or ability of the Association to assign any unpaid obligations of a former Member to a third party for purposes of collection; (iii) adopt a Rule or regulation that arbitrarily or unreasonably restricts an Owner's ability to market the Owner's Lot; or (iv) establish an exclusive relationship with a real estate brokerthrough which the sale or marketing of Lots is required to occur. This restriction does not apply to the sale or marketing of Common Areas owned by the Association. 5.13 Additional Limitations on Authority of the Board. The Board shall nottake any of the Following actions except with the consent, by vote at a meeting of the Association or by written ballot without a meeting pursuant to Corporations Code section 7513 or any successive statute thereto, of a simple majority of the Members other than Declarant constituting a quorum of more than fifty percent (50%) of the voting power of the Association residing in Members other than the Declarant: EDNM53295\996553.3 18 August 18, 2016