AgdaPkt 2011-09-12 - Laserfiche WebLink

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6. 1. F. - Page 28 (a) Subject to the provisions of Section 5.1 of this Declaration, manage, control, operate, repair, replace, restore, and maintain in good condition and appearance, all of the Common Area and all facilities, improvements, furnishings, equipment and landscaping thereon (other than that placed by an Owner or tenant upon any Exclusive Use Common Area). The Association shall maintain and repair any portions of the Common Area damaged by the presence of wood destroying pests or organisms, and all property that may be acquired by the Association, as more fully provided in Section 5.5. In furtherance of its responsibilities under this Section 3.7, and as further described in Sections 5.1 and 5.2 below, the Association may cause any maintenance, repair or replacement of any portion of the Common Area. Relocation of Owners or tenants required in order to repair any areas within the responsibility of the Association shall be subject to the provisions of Civil Code Section 1364(c) et seq. (b) Acquire, provide and pay for water, sewer, garbage disposal, electrical, gas and other necessary utility services for the Common Area, and for those Units to which said utilities and services are not separately provided; provided, however, the Association shall have no liability to any Owner arising out of the temporary or permanent failure of any utility, governmental entity or quasi - utility to deliver such services after the Association has contracted for such services. (c) Grant easements over, under and through the Common Area and /or any of the Units that are reasonably necessary for the efficient operation of the Development. (d) Maintain such policy or policies of insurance as are required by this Declaration or as the Board deems necessary or desirable in protecting the interests of the Association and its Members, as further provided in Article 9 of this Declaration. (e) Have the authority to employ a manager or other Persons and to contract with independent contractors or managing agents to perform all or any part of the duties or responsibilities of the Association except the initiation and execution of disciplinary proceedings against Members in accordance with the procedure set forth in the Bylaws; provided, however, that any contract with a firm or Person appointed as a manager or managing agent shall not exceed a one (1) year term and shall provide for the right of the Association to terminate the same at the first annual meeting of the Members of the Association after either the execution and delivery of the contract or the commencement of the term of the contract, and to terminate the same at any time upon thirty (30) days written notice with cause and upon sixty (60) days written notice without cause, in either case without payment of a termination fee. The Association shall employ professional manager(s) or managing agent(s) consistent with industry best practices, and as is appropriate to maintain the Development in a first -class condition and repair, although the contract with any such manager or managing agent shall be of limited duration as set forth above. (f) Discharge by payment, if necessary, any obligation which, in the opinion of the Board, may become a lien against the Common Area, or any portion thereof, and assess the costs thereof as a monetary penalty against any Owner responsible for the existence of said lien as determined by the Board after notice and a hearing in accordance with the Bylaws. (g) Enforce this Declaration and adopt reasonable Association Rules not inconsistent with this Declaration for the use of the Common Area and all improvements and facilities now or hereafter located thereon and the conduct of Owners and their tenants and guests with respect to the Development and other Owners. (h) Defend, prosecute and settle, as deemed necessary, all lawsuits and arbitrations involving the Association in the Association's own name as the real party in interest and without joining with it the individual Owners in the manner described in Code of Civil Procedure, Section 374. 18 CCRS -One Marina. docx