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6. 1. F. - Page 72 <br />settlement discussions may occur concerning a "Dispute" described above. The provisions of this Section <br />10.4 are in addition to, and not in place of, the requirements of Section 10.3. Further, for actions and <br />legal proceedings subject to this Section 10.4, any and all notices under Section 10.3 shall also include a <br />list of any and all defect and design claims being brought and an estimate of repair costs. <br />Section 10.5 Notice of Right to Repair Law; Title 7. The Association and Owners are <br />hereby advised of the existence of the procedures codified at Title 7 of Part 2 of Division 2 of the <br />California Civil Code (Section 895 et seq.)(the "Right to Repair Law "), which became effective on <br />January 1, 2003. These procedures impact the legal rights of the Owners and the Association with respect <br />to design and construction defect disputes and related claims involving Declarant. <br />Section 10.6 Subsequent Purchasers of the Property. Pursuant to Civil Code Section 912(h), <br />each Owner is hereby notified that each Owner is obligated to provide any subsequent purchasers of that <br />Owner's Unit with copies of documents provided by Declarant to that Owner before the Close of Escrow of <br />that Owner's Unit. These documents include, but are not limited to, (i) the Limited Warranty, (ii) any <br />manufacturers warranty information, (iii) any homeowner guide or applicable maintenance manual, and (iv) <br />any other documents provided in conjunction with the original sale of the Condominium Unit by the <br />Declarant. Each Owner shall maintain full and complete copies of all of the documents described above, and <br />shall provide copies of said documents to any subsequent purchasers of Buyer's Unit. In accepting title to a <br />Unit, subsequent purchasers are bound, and deemed to have agreed to be bound, by any and all such <br />documents. Each Owner is obligated to provide to Declarant promptly at the time of the sale with the names <br />of any subsequent purchaser of the Unit from Buyer. <br />ARTICLE 11 <br />GENERAL PROVISIONS <br />Section 11.1 Severability Should any provision or portion hereof be declared invalid or in <br />conflict with any law of the jurisdiction where this Development is situated, the validity of all other <br />provisions and portions hereof shall remain unaffected and in full force and effect. <br />Section 11.2 Term The covenants and restrictions of this Declaration shall run with and bind <br />the Development and shall inure to the benefit of and shall be enforceable by the Association or any <br />Owner and their respective legal representatives, heirs, successors and assigns for a term of fifty (50) <br />years from the date this Declaration is recorded after which time they shall be automatically extended for <br />successive periods of ten (10) years unless a majority of the voting power of the Association elects <br />otherwise. <br />Section 11.3 Amendments Prior to closing of the first sale of a Condominium from <br />Declarant to an individual Owner, this Declaration may be amended in writing by Declarant upon prior <br />consent to such amendment by the DRE, if such consent is required by the DRE. After the closing of the <br />first sale of a Condominium to an individual Owner and during such time as there are two classes of <br />voting membership in the Association, this Declaration may be amended only by the vote or written <br />assent of not less than seventy -five percent (75 %) of the voting power of each class of voting Members <br />and an appropriate percentage of Mortgagees of First Mortgages, if applicable. After the conversion of <br />Class B memberships into Class A memberships as provided in Section 3.6, this Declaration may be <br />amended only by the vote or written assent of sixty -seven percent (67 %) of the voting power of the voting <br />Members of the Association as well as the vote or written assent of a majority of the total voting power of <br />the voting Members other than Declarant and an appropriate percentage of Mortgagees of First Mortgages <br />as set forth in Article 8 of this Declaration. <br />62 <br />CCRS -One Marina. docx <br />