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(i) incur aggregate expenditures for capital Improvements to the Common Area in any <br />fiscal year in excess of five percent (5%) of the budgeted gross expenses of the Association for that fiscal <br />year; <br />(ii) sell during anyfiscal year property of the Association having an aggregate fairmarket <br />value greater than five percent (5%) of the budgeted gross expenses of the Association for that fiscal year; <br />(iii) pay compensation to members of the Board or to officers of the Association for <br />services performed in the conduct of the Association's business, provided that the Board may reimburse a <br />member or officer for expenses incurred in carrying on the business of the Association; <br />(iv) enter into a contract with a third Person to furnish goods orservices forthe Common <br />Area or the Association for a term longer than one (1) year with the following exceptions: <br />(a) a management contract, the terms of which have been approved by the <br />Federal Housing Administration or Veterans Administration; <br />(b) a contract with a public utility company if the rates charged for the materials <br />or services are regulated by the Public Utilities Commission, provided the term does not exceed the shortest <br />term for which the supplier will contract at the regulated rate; <br />(c) prepaid casualty or liability insurance policies not to exceed three (3) years' <br />duration, provided the policy permits for short rate cancellation by the insured; <br />(d) lease agreements for laundry room fixtures and equipment not to exceed five <br />(5) years' duration, provided the Declarant does not have a direct or indirect ownership interest of ten percent <br />(10%) or more in any lessor under such agreements; <br />(e) agreements for cable television services and equipment or satellite dish <br />television services and equipment not exceeding five (5) years in duration, provided the supplier is not an <br />entity in which the Declarant has a direct or indirect ownership interest of ten percent (10%) or more; <br />(f) agreements for sale or lease of burglar alarm and fire alarm equipment, <br />installation and services not exceeding five (5) years' duration, provided that the supplier or suppliers are not <br />entities in which the Declarant has a direct or indirect ownership interest of ten percent (10%) or more; and <br />(g) a contract for a term not to exceed three (3) years that is terminable by the <br />Association after no longer than one (1) year without cause, penalty or other obligation upon ninety (90) days <br />written notice of termination to the other party; or <br />(v) borrow money secured by any Association assets as authorized under Section 5.6.3. <br />5.14 Notice of Significant Legal Proceedings. Notwithstanding anything herein to the contrary, not <br />later than thirty (30) days prior to the filing of any civil action against the Declarant or other developer for <br />alleged damage to the Common Area, alleged damage to the separate interests that the Association is <br />obligated to maintain, or alleged damage to the separate interests that arises out of, or is integrally related to, <br />damage to the Common Area or separate interests that the Association is obligated to maintain, the Board <br />shall provide written notice to each Member of the Association. The notice shall specify the date and location <br />of the meeting and both of the following: <br />(i) that a meeting will take place to discuss problems that may lead to the filing of a civil <br />action; and <br />(ii) the options, including civil actions, that are available to address the problems. <br />EDNB\53295\996553.3 19 August 1 S, 2016 <br />