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Rec Doc 2016-099081 CONF The Grove Declaration of Restrictions (CC&Rs)
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Rec Doc 2016-099081 CONF The Grove Declaration of Restrictions (CC&Rs)
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11/7/2018 10:31:57 AM
Creation date
11/7/2018 10:31:08 AM
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Recorded Docs - Type
Declaration
Subject
The Grove Declaration of Restrictions (CC&Rs)
Doc Num
2016-099081
Rec Date
9/27/2016
Address
50, 80 and 88 Finger Avenue lots 1-8
Parties
Liberty Hall Lane Partners LP
MO Ref
16-163
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The provisions of this Section 6.10 are intended to comply with the requirements of the Davis - <br />Stirling Act. If these sections are amended, restated or rescinded in any manner, the provisions of <br />this Section 6.10 automatically shall be amended, restated or rescinded in the same manner. The <br />Board is advised to confirm the current statutory requirements prior to commencing any delinquent <br />assessment enforcement action. <br />6.11 Assessment Exemption. The Declarant and any other Owner of a Lot are exempt from the <br />payment of that portion of any assessment that is forthe purpose of defraying expenses and reserves directly <br />attributable to the existence and use of a common facility that is not complete at the time assessments <br />commence. This exemption from the payment of assessments shall be in effect until the earliest of the <br />following events: <br />(i) a notice of completion of the common facility has been recorded; or <br />(ii) the common facility has been placed into use. <br />6.12 Estoppel Certificate. Within ten (10) days of the mailing or delivery of a written request by <br />any Owner, the Board shall provide the Ownerwith a written statement containing the following information: <br />(i) whether to the knowledge of the Association, the Owner or Occupant of the Owners Lot is in violation of <br />any of the provisions of this Declaration, the Articles, Bylaws or Rules; (ii) the amount of regular and special <br />assessments, including installment payments, paid bythe Owner during thefiscal year in which the request is <br />received; and (iii) the amount of any assessments levied against the Owners Lot that are unpaid as of the <br />date of the statement, including any late charges, interest or costs of collection, and that, as of the date of the <br />statement, are or may be made a lien against the Owners Lot as provided by this Declaration. The <br />Association may charge a fee to provide this information provided the fee shall not exceed the Association's <br />reasonable cost to prepare and reproduce the requested items. <br />6.13 Assignment of Rents. Each Owner covenants and agrees that the Owner's interest in the <br />rents, issues and other profits from the Owners Lot shall be assigned to the Association if the Owner is <br />delinquent in the payment of assessments and the Owner is renting the Owners Lot. The assignment is <br />effective automatically on the date of the recordation of a notice of delinquent assessment establishing a lien <br />against the Owner's Lot. The Association shall be entitled to enforce the assignment pursuant to the <br />provisions of Civil Code section 2938(c) or any successor statute thereto. The assignment remains in full <br />force and effect until the first to occur of the following: (i) the recordation of a lien release or notice of <br />rescission under Civil Code section 5685(a) or any successor statute thereto; (ii) the payment in full of all <br />delinquent assessments, costs of collection, late charges and interest; or (iii) the date a prior assignee of the <br />rents commences its enforcement action as provided in Civil Code section 2938(h) or any successor statute <br />thereto. Nothing herein limits or affects any other rights or remedies available to the Association to collect <br />delinquent assessments as set forth in the Declaration or as otherwise provided by Applicable Laws. <br />6.14 Restrictions on Association Funds. Pursuant to the requirements of Civil Code section 5135, <br />no Member funds shall be used for campaign purposes in connection with any election of members to the <br />Board or for company purposes in connection with any other Association election, except to the extent <br />necessary to comply with duties of the Association imposed by Applicable Laws. <br />ARTICLE 7 <br />Insurance <br />7.1 Owners' Insurance Policv(ies). Each Owner is advised to obtain and maintain, at the Owners <br />expense, a property insurance policy that provides at minimum, coverage against losses caused by fire and <br />all other hazards normally covered under a "special form' policy or its equivalent in an amount not less than <br />ninety percent (90%) of the replacement cost of the insurable Improvements on the Lot. The policy shall <br />contain the following endorsements or their equivalents: agreed amount, inflation guard, Applicable Laws, <br />and replacement cost. The policy shall provide liability coverage in such amounts and for such acts or <br />EDNB\53295\996553.3 27 August 18, 2016 <br />
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