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AgdaPkt 2012-03-19
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AgdaPkt 2012-03-19
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Last modified
3/20/2012 2:54:48 PM
Creation date
3/15/2012 5:34:10 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Special
Agency Type
City Council
Date
3/19/2012
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6. 1. B. - Page 91 <br />All individually owned insurance shall contain a waiver of subrogation as to the <br />Association and its officers, directors and Members, the Owners and Occupants of the <br />Condominiums and Mortgagees, and all Members are deemed to have waived subrogation rights as <br />to the Association and/or other Members, whether or not their policies so provide. <br />E. Review of Policies. The Association shall periodically (and not less than <br />annually) review all insurance policies maintained by the Association to determine the adequacy of <br />the coverage and to adjust the policies accordingly. <br />F. Separate Insurance Limitations. No Owner shall separately insure his Unit <br />against loss by fire or other casualty covered by any insurance carried by the Association. If any <br />Owner violates this provision, any diminution in insurance proceeds otherwise payable under the <br />Association's policies that results from the existence of such other insurance will be chargeable to <br />the Owner who acquired other insurance. The insurance maintained by the Association does not <br />coverthe personal property in the Units and does not cover personal liability for damages or injuries <br />occurring in the Units. Each Owner shall insure his or her personal property and any improvements <br />within his or her Unit against loss and obtain any personal liability insurance that he desires. In <br />addition, any improvements made by an Owner within his or her Unit may be separately insured by <br />the Owner, but the insurance is to be limited to the type and nature of coverage commonly known as <br />"improvements insurance ". The Owner shall not obtain such insurance if the policy referred to in <br />Section 8.1.A(1) will provide coverage for such improvements. <br />G. Copies of Policies; Notice to Members. The Association shall make <br />available to all Members a copy of the Association's policy to enable Members to insure their Units <br />without duplicating insurance carried by the Association and inadvertently triggering a coinsurance <br />clause in the Association's policy referred to in Section 8.1.A(1). The Association shall distribute <br />annually to the Members a summary of the Association's insurance policies as required by California <br />Civil Code Section 1365(e) and as provided in the Bylaws. The Association, as soon as reasonably <br />practical, shall notify its Members by first -class mail if any of the policies have been cancelled and <br />not immediately renewed or restored or if there is a significant change such as a reduction in <br />coverage or limits or an increase in the deductible for any policy. If the Association receives any <br />notice of non - renewal of a policy, the Association immediately shall notify its Members if <br />replacement coverage will not be in effect by the date the existing coverage will lapse. <br />To the extent that the information required to be disclosed, as described in California <br />Civil Code §1365(e), is specified in the insurance policy declaration page, the Association may meet <br />its disclosure obligations by making copies of that page and distributing copies to all its Members. <br />H. Limitation on Liability. The Association, and its Directors and officers, shall <br />have no liability to any Owner or Mortgagee if, after a good faith effort, it is unable to obtain the <br />insurance required hereunder, because the insurance is no longer available or, if available, can be <br />obtained only at a cost that the Board in its sole discretion determines is unreasonable under the <br />circumstances, or the Members fail to approve any Assessment increase needed to fund the <br />insurance premiums. In such event, the Board immediately shall notify each Member and any <br />Mortgagee entitled to notice that the insurance will not be obtained or renewed. <br />I. Policies and Procedures Regarding the Filing and Processing of Claims: <br />The Board shall adopt a policies and procedures regarding the filing and processing of claims for <br />damage and destruction of Common Area improvements or any other matters covered by insurance <br />maintained by the Association. <br />47 <br />03/06/12 <br />T:IWPWIN601PROIECT5333 MAIN'3TREETIDEC - DRAFTING FORM[71[03 06 12J.doc <br />
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