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6. 1. B. - Page 64 I. Suspension of Voting Rights of Delinquent Owner: The Board may temporarily suspend the voting rights and right to use Common Area facilities of a Memberwho is in default in payment of any Assessment. Any other discipline, fine or penalty requires a noticed hearing, as provided in the Bylaws. J. Fines and Penalties: In accordance with California Civil Code §1367.1(e), fines and penalties imposed by the Association for violation of this Declaration as a disciplinary measure for failure of an Ownerto complywith the Governing Documents, exceptfor late payments, are not "Assessments," and are not enforceable by Assessment Lien, but are enforceable by court proceedings; provided, however, pursuant to California Civil Code § 1367.1(d), monetary penalties imposed by the Association to reimburse the Association for costs incurred for repair of damage to Common Area or facilities for which the Owner or Occupant(s) were responsible may become the subject of a lien; provided, however, that any such enforcement as a lien shall only be permitted if there are no Units in the Project that are subject to the jurisdiction of the Department of Real Estate under a Final Subdivision Public Report. In the event that California Civil Code §1367.1(e) is amended to permit fines and penalties imposed by the Association for violation of this Declaration as a disciplinary measure for failure of an Owner to comply with the Governing Documents to be enforceable by Assessment Lien, then this provision shall be deemed amended to conform to any such amendment of California Civil Code §1367.1(e). The provisions of this Section 4.9 are intended to comply with the current requirements of California Civil Code Section 1367.1. If these Sections are amended or rescinded in any manner the provisions of this Section 4.9 automatically shall be amended or rescinded in the same manner. California Civil Code Section 1367.1 may be amended by the State Legislature, and the Board should confirm the current statutory requirements. 4.10. Reimbursement Charges: The Board may levy a Reimbursement Charge against a Member to reimburse the Association for costs incurred by the Association in the repair of damage to the Common Area and facilities for which the Member (or the Occupant for which the Member is responsible) was responsible, and in bringing the Member and his Unit into compliance with the provisions of the Governing Documents. The Reimbursement Charges shall be in the amount required to reimburse the Association for the actual costs and expenses incurred to repair the damage and to enforce the Association's rights under this Declaration. Reimbursement Charges shall be payable when directed by the Board after written notice to the Owner(s), which notice shall in no event be less than thirty (30) days. If an Owner disputes a Reimbursement Charge, the Owner may request a hearing before the Board. 4.11. Unallocated Taxes: In the event that any taxes are assessed against the Common Area, or the personal property of the Association, rather than against the Units, said taxes shall be included in the Assessments made under the provisions of Section 4.1 and, if necessary, a Special Assessment may be levied against the Units in an amount equal to said taxes, to be paid in two (2) installments, thirty (30) days prior to the due date of each tax installment. 4.12. Estoppel Certificate: Within ten (10) days of the mailing or delivery of a written request by any Owner, the Board shall provide the Owner with a written statement containing the following information: (i) whether to the knowledge of the Association, the Owner or Occupant of the Owner's Condominium is in violation of any of the provisions of the Governing Documents; (ii) the amount of Regular Assessments and Special Assessments, and Reimbursement Charges, including installment payments, paid by the Owner during the fiscal year in which the request is received; and (iii) the amount of any Assessments levied against the Owner's Condominium that are unpaid as of the date of the statement, including any late charges, interest or costs of collection, and that, as of 03/06/12 20 T:IWPWIN601PR0]ECTS1333 MAIN STREET DEC - DRAFTING FORM[7][03 06 12].doe