AgdaPkt 2011-09-12 - Laserfiche WebLink

Browse Search

6. 1. F. - Page 21 Section 2.3 Rights of Entry and Use The Units and the Common Area (including the Exclusive Use Common Area) shall be subject to the following rights of entry and use: (a) The nonexclusive rights of each Owner for ingress, egress and support in, to and throughout the Building Common Area in which an Owner's Unit is located, subject to the rights of other Owners in the Building Common Area and Exclusive Use Common Areas. (b) The right of the Association's agents or employees to enter any Unit to cure any violation or breach of this Declaration or the Bylaws, provided that the Association has complied with the notice and hearing requirements of this Declaration and the Bylaws (except in the case of an emergency) and the Owner has failed to cure the violation or take steps necessary to cure the violation within thirty (30) days after the finding of a violation by the Association. (c) The access rights of the Association to enter into or upon any Unit or Building Common Area to maintain, repair or replace improvements or property located in the Common Area after forty -eight (48) hours notice to the affected Owner(s). (d) The rights of the Owners, the Association, and the Declarant to install, maintain, repair or replace utilities as described in Article 6 of this Declaration. (e) The encroachment rights described in Section 6.5 of this Declaration (f) The rights of the Declarant during the construction period described below, and as described in Section 11.4 of this Declaration. Such rights of Declarant shall include, without limitation, the right of Declarant or its agents to enter on any portion of the Development to construct and sell the improvements that Declarant intends to construct on the Property, to make repairs, and to correct any construction problems thereon; provided that such entry does not unreasonably interfere with the use or occupancy of any occupied Unit unless authorized by its Owner, which authorization shall not be unreasonable withheld. (g) The rights of Owners to make improvements or alterations authorized by Civil Code Section 1360(a)(2), subject to Sections 7.9 and 7.25 of this Declaration and other applicable provisions of this Declaration and the Bylaws. (h) Subject to Sections 3.8 and 4.18 of this Declaration, the right of each Owner to ingress and egress through, and use of, the Association Common Area. Section 2.4 Partition Prohibited The Building Common Area shall remain undivided as set forth above. Except as otherwise provided in Civil Code Section 1359, no Owner shall bring any action for partition of a Unit or of the Common Area, it being agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the operation and management of the Development and each Owner, by acceptance of a deed to his Condominium, shall be deemed to have waived and abandoned, for himself, his successors and assigns (whether by deed, gift, devise, foreclosure or operation of law), the right to bring or maintain any such action for partition. Judicial partition by sale of a single Condominium owned by two or more Persons and division of the sale proceeds is not prohibited hereby but partition of title to a single Condominium is prohibited. Section 2.5 Subdivision Prohibited Neither the Association nor any Owner shall subdivide or apply to any appropriate jurisdiction to subdivide the Common Area without the express written consent of all of the Owners and of all the Mortgagees of First Mortgages encumbering any Condominium within the Development and no Owner shall cause or permit the further subdivision of the 11 CCRS -One Marina. docx