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6. 1. F. - Page 32
<br />the Association Rules. Penalties may include but are not limited to fines, suspension of all voting rights
<br />and other privileges of Association membership, or other appropriate discipline, provided that the
<br />Member is given notice and a hearing as provided in the Bylaws before the imposition of any fine,
<br />penalty or disciplinary action. The Association shall have the power to adopt a schedule of reasonable
<br />fines and penalties for violations of the terms of this Declaration and the Association Rules as further
<br />described in the Bylaws. All fines, penalties, or disciplinary actions against Owners shall comply with
<br />the notice and procedural requirements of this Declaration and the California Civil Code.
<br />Section 3.10 Capitalization Fund The Association, through the Board, shall have the power
<br />to maintain and disburse all monies deposited into and accumulated by the Fund in accordance with this
<br />Declaration and the Bylaws.
<br />Section 3.11 Authority Over Common Area The Board or Declarant (as long as Declarant
<br />owns one or more Condominiums in the Development) shall have the power and the right in the name of
<br />the Association and all of the Owners as their attorney -in -fact to grant, convey, or otherwise transfer to
<br />any Owner or any other person fee title, easements, leasehold estates, exclusive use easements or rights,
<br />licenses, lot -line adjustments, rights -of -way, or dedications in, on, over, or under the Common Area or
<br />other property interests in order to (i) construct, erect, operate, maintain, or replace lines, cables, wires,
<br />conduits, or other devices for electricity, cable television, internet services, fiber optics,
<br />telecommunication equipment, power, telephone and other purposes, public sewers, storm water drains
<br />and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes, and any similar public
<br />or quasi - public Improvements or facilities; (ii) accommodate any encroachment that in the sole discretion
<br />of the Board or Declarant does not unreasonably interfere with the use and enjoyment of the Common
<br />Area; or (iii) accomplish any other purpose that in the sole discretion of the Board or Declarant is in the
<br />interest of the Association and its Members and does not unreasonably interfere with the use and
<br />enjoyment of the Common Area. Each Owner in accepting a deed to a Condominium expressly consents
<br />to such action and authorizes and appoints the Association and Declarant (as long as Declarant owns one
<br />or more the Condominiums in the Development) as attorney -in -fact of such Owner to execute and deliver
<br />all documents and interests to accomplish the action, including, but not limited to, grant deeds, easements,
<br />subdivision maps, and lot -line adjustments. Despite anything in this Declaration to the contrary, in no
<br />event shall the Board or Declarant take any action authorized hereunder that would permanently and
<br />unreasonably interfere with the use, occupancy, and enjoyment by any Owner of his or her Condominium
<br />or any Exclusive Use Common Area or the use of any facilities located on the Common Area without the
<br />prior written consent of that Owner. Furthermore, the conveyance of fee title to any portion of the
<br />Common Area as authorized in this section (other than conveyances made as a part of lot -line
<br />adjustments) shall require the consent of a majority of the total voting power of the Association other than
<br />Declarant and such consent of the Mortgagees as may be required by Article 8 of this Declaration.
<br />ARTICLE 4
<br />ASSESSMENTS
<br />Section 4.1 Creation of the Lien and Personal Obheation for Assessments Declarant, for
<br />each Condominium owned within the Development hereby covenants, and each Owner by acceptance of
<br />a deed for each Condominium, whether or not it shall be so expressed in such deed, is deemed to
<br />covenant and agrees to pay to the Association: (1) Annual Assessments and (2) Special Assessments,
<br />such Assessments to be established and collected as hereinafter provided. The Annual Assessments and
<br />Special Assessments, together with interest, costs and reasonable attorney's fees, shall be charged to a
<br />Condominium and shall be a continuing lien upon such Condominium, the lien to become effective upon
<br />the recordation of a Notice of Delinquent Assessment. Each such Assessment, together with interest,
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<br />CCRS -One Marina. docx
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