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6.1. B. - Page 72 P. Resident Manager Unit: Anything in this Declaration or the Bylaws or Articles to the contrary notwithstanding, the Association, upon appropriate resolution of the Board, shall have the power and authority, with the vote or written consent of a majority of Members, to purchase a Condominium to be occupied by the custodian of the Project (the "Resident Manager Unit "). In such case, during the period the Resident Manager Unit is owned by the Association: Unit; Unit; and, (1) no right to vote shall be exercised on behalf of the Resident Manager (2) no Assessment shall be assessed or levied on the Resident Manager (3) each other Condominium shall be charged, in addition to its usual Assessment, its share of the Assessment that would have been charged to the Resident Manager Unit, but for the provisions of this Section. Q. Other Powers: In addition to the powers contained herein, the Board may exercise the powers granted to a nonprofit mutual benefit corporation under California Corporations Code § 7140. R. Common Area Improvements: The Board shall have the authority and power to demolish, remove and reconstruct any and all improvements on or over or under the Common Area in a manner not inconsistent with this Declaration, and to construct, improve and repair improvements that are appropriate for the use and benefit of the Members of the Association, and to charge for the use of such improvements, provided that the Board shall not include in any Regular Assessment or Special Assessment the cost of any new capital improvement which exceeds $5,000 in cost to be expended in any one calendar year, unless fifty -one percent (51 %) or more of the voting power of the Association previously shall have approved said expenditure. Prior written approval of the City (as authorized by the City Manager) is required before any change to landscaping and improvements within the Maintenance Area as described in the Landscape Maintenance Agreement from those approved in the Project approval. S. Granting Rights: The power to grant exclusive or non -exclusive easements, licenses, rights of way or fee interests in the Common Area, to the extent any such grant is reasonably required: (a) for utilities and facilities to serve the Common Area and the Condominiums; (b) for purposes of conformity with the as -built location of improvements installed or authorized by Declarant or the Association; (c) in connection with any lawful lot line adjustment; or (d) for other purposes consistent with the intended use of the Project. This power includes the right to create and convey Exclusive Use Common Areas to the extent provided for in Section 5.2.B. The Association may deannex any real property from the encumbrance of this Declaration in connection with any lawful lot line adjustment. 5.3. Commencement of Association's Duties and Powers: Until incorporation of the Association, and the conveyance pursuant to a Public Report of title to the first Unit to a Person other than the Declarant, all duties and powers of the Association as described in this Declaration, including all rights of consent and approval, shall be and remain the duties and powers of Declarant. After the date of incorporation of the Association, and the conveyance pursuant to a Public Report of title to the first Unit to a Person other than Declarant, the Association shall assume all duties and powers, and Declarant shall be relieved of any further liability for those duties and powers. 28 03/06/12 TAWPW1N601PR0JECTS1333 MAIN STREET DEC - DRAFTING FORM[7][03 06 12].doc