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6. 1. F. - Page 59 Section 7.27 Legal Action The failure of any Owner to comply with any provision of this Declaration, the Bylaws or the Association Rules, if any, shall give rise to a cause of action in the Association and /or any aggrieved Owner for the recovery of damages or for injunctive relief, or both, including reasonable attorneys fees, costs and expenses as may be determined by the court. Section 7.28 Snorts Equipment The Board shall have the right to adopt Rules concerning the installation, use and operation of any sports equipment and related apparatus. Section 7.29 Use of Association Common Area Use use of the Association Common Area is subject to the Association Rules, as may be amended from time to time by the Board. Subject to Sections 3.8 and 4.18 of this Declaration, all persons residing within the Development may enjoy the use of all facilities in the Association Common Area as long as they abide by the terms of this Declaration and applicable Association Rules. There shall be no obstruction of any part of the Association Common Area. Nothing shall be stored in or kept in the Association Common Area without the prior consent of the Board. Nothing shall be done in or kept in the Association Common Area which will increase the rate of insurance on the Common Area without the prior consent of the Board. No Owner shall permit anything to be physically done in or kept in the Common Area or any other part of the Development which might result in the cancellation of insurance on any part of the Association Common Area, which would interfere with rights of other Owners, or which would be a nuisance, noxious, harmful or unreasonably offensive to other Owners. No Owner or Invitee shall perform any act which results in damage to the Association Common Area. The provisions of this Declaration concerning using, maintaining and managing the Association Common Area are subject to any rights or limitations established by any easements or other encumbrances which encumber the Association Common Area Section 7.30 Smoking Prohibited in Shared Common Areas. hi order to engender a healthy and environmentally friendly atmosphere, and to reduce second -hand smoke that may be experienced by the occupants of the Development, there shall be no smoking whatsoever in any portion of the Common Area that is shared by all occupants of the Development ( "Shared Common Area "). There shall be no smoking of any kind in any Shared Common Area, including, without limitation, cigarettes, pipes, cigars or other products by the Owners or their tenants, guests or visitors. Smoking shall be prohibited in all Shared Common Areas, including, without limitation, all courtyard areas, walkways, park areas (if any), and marina areas (if any). Notwithstanding the above, smoking shall be permitted within a Unit, in exclusive use patio areas appurtenant to an Owner's Unit, and in front porch areas immediately adjacent to the front door of a Unit. Smoking anywhere in the Development shall be subject to applicable ordinances of the City of Redwood City and the County of San Mateo. ARTICLE 8 MORTGAGE PROTECTION Section 8.1 Validity of Mortgage Lien No breach of any of the covenants, conditions and restrictions contained herein, nor the enforcement of any lien provisions herein, shall defeat or render invalid the lien of any First Mortgage on any Condominium made in good faith and for value, but all of said covenants, conditions and restrictions shall be binding upon and effective against any Owner whose title is derived through foreclosure or trustee's sale or otherwise. Section 8.2 Notice to Eligible Mortgagees and Eligible Insurers and Guarantors Upon written request to the Association identifying the name and address of the Eligible Mortgagee or Eligible Insurer or Guarantor and the applicable Unit address, such Eligible Mortgagee or Eligible Insurer or Guarantor shall be entitled to timely notice of: 49 CCRS -One Marina. docx