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AgdaPkt 2011-12-12
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AgdaPkt 2011-12-12
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Last modified
10/29/2012 8:43:35 AM
Creation date
12/13/2011 2:08:51 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
12/12/2011
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6.1. F. - Page 15 <br /> (which must be within five (S} miles of the Projeet), and the date for such meeting, which date <br /> shall be not less than �fteen (15) or more than ninety (9fl) days following th� dat� af the t•eq�est. <br /> The presence at ihe zneeting {in person o�• by proxy} of ten (� 0} o� �nore Owne�•s shall constit�te a <br /> quoruin. An Owner may vote in person or by proxy. <br /> Any dispute, cIaim or othe�• inatter acising out of a decision, action, inaction o�• <br /> dete�•inination of the Owneis sl�all be decided by arbifratio�� in accordanoe with the terins of'this <br /> Declaration. <br /> 3.4 Powez�s of Association: �n addition to tl�e powers enuinerated in this I7eclaration <br /> or provided by Iaw, and r�vithout limiiing their genera�ity, the Associatior�, acting th�•ough the <br /> Board, shall have the following powers: <br /> A. The Association shall have tl�e power to levy and collecti regular andlo�� <br /> special assessrnents as dee�x�ed necessary by the Assaciation from tiine to time to pay for the <br /> maintenanc�, managernent, repair and replaceinent oF the Common Area as p�•ovided hereby as <br /> well as insuranae a�d other costs attcibutable to the Common Area. The Association shall have <br /> the power to ej�force any lie� peri�itted by law 6y nonjudicial proceedings iindet• a power af sale <br /> or by a��y other means autharized by law. Any assessmertis l�vied by the Association sl�all be <br /> used exclusively to promote the econamic interests, praper maintenance, health, safety and <br /> welfare of all of the Owners and to enabl� tha Association to petforin its obiigations under this <br /> Declaration. Any such assessments shall be levied in eguai proportions arriong the Lots and shall <br /> be collected on s��c�► basis as the Association shall deterinine. Any assessment not paid withi�n <br /> thi��ty (30) days after the d�e date shall be delinquen�, shall bear interest at the rate of ten (10) <br /> percent per annum, corrimencing thirty (30j days after the due date untiI paid, �ot to exceed the <br /> maximurr� rate perinitted by applicable law. <br /> B. The Association shall annually establish and levy regular assessments in <br /> an amount that the Boa��d estimates will be si�fficient to raise the fi�nds needed to adequately <br /> ca�er the Co�ninc�n Expettses and pe�•form the d�ties and obligations of the Assaciation du��ing <br /> each fiscal year. The budgets for the co�nputation of the regular assessinents shall include a <br /> I�realcdovvn of the estimated Comman Expenses. The regular assessar�ents shall be payable <br /> monthly, �nless the Board determines otherwise. Coinmon �xpenses shall include the casts and <br /> expenses of the general aperations and tnanagement of the Associatiaj� as well as aIl costs of <br /> aperating, maintair�ing, repairing and �eplaciilg the impravements upon the Common A��ea and <br /> all expenses of obtaining and maintaining �he insurar�ce req�xired to be maintained by ihe <br /> Association hereu��der. <br /> C. As part of tk�e teguIar assessmer�ts for jnaintenance a�tho�•ized above, th� <br /> Board shall annually fix the amo��nt to he contribu�ed pro rata by each Mem6ei• to reserve funds <br /> that the Board in its discretion considers appropriate and prudent for the put•pose of defra�ing, in <br /> whale or i�� parC, the cast or estimated cost of any fi�tu��e t•econstz�UCtian, x•epair ar replacei�ent of <br /> improvements that tl�e Association is obligated to inaintain and repair. Reseive f�nds shail be <br /> deposited in a sepa�ate bank accout�t and tl�e signatures of at least twa (2) persons who shali <br /> eithe�• be i�e�nbei°s of tl�e Board or one officer who is nat a�nember of the Board aEZd a mejnber <br /> of the Board shall be required to withdraw inonies fi•om the rese�ve acco��nt. Resetve funds inay <br /> ATTY/AGRI2Ul 1.133 DECLARATION OT CCRs -- KI:NTF[�I.D <br /> �tEV:12101/l 1 <br /> -6- <br />
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