|
6.1. B. - Page 104
<br />Association regarding the question of satisfaction of the conditions for exoneration or release of the
<br />Assessment Bond or Common Area Bond or other security shall, at the request of either party, be
<br />submitted to Arbitration as provided in Section 9.1 hereof.
<br />10.12, l=air Housing. No Owner shall, either directly or indirectly, forbid or restrict the
<br />conveyance, encumbrance, leasing, or mortgaging, or occupancy of his Unit to any person of a
<br />specified race, sex, age, marital status, color, religion, ancestry, national origin, sexual orientation,
<br />familial status, source of income or disability of that person.
<br />10.13. Power of Attorney: Each Owner, by accepting and recording a grant deed to a
<br />Condominium in the Project, is deemed to constitute and irrevocably appoint Declarant, for so long
<br />as Declarant owns all or any portion of the Project, as Owner's attomey-i n -fact, for Owner and for
<br />each of Owner's mortgagees, optionees, Owners, Occupants, licensees, trustees, receivers,
<br />lessees, Occupants, judgment creditors, heirs, legatees, devisees, administrators, executors, legal
<br />representatives, successor and assigns, whether voluntary or involuntary, and each Owner is
<br />deemed thereby to have conveyed to Declarant a special power of attorney coupled with an interest
<br />authorizing Declarant to act as each Owners attorney in fact to prepare, execute, acknowledge and
<br />record any amendment to or restatement of a Condominium Plan or Map, as Declarant deems to be
<br />reasonably necessary in order to correct errors, to conform to as -built conditions, or to bring the
<br />Condominium Plan or Map into compliance with any city, county, state or federal laws or regulations.
<br />The acceptance or creation of any Mortgage or other encumbrance, whether or not voluntary,
<br />created in good faith, or given for value, shall be deemed to be accepted or created subject to each
<br />of the terms and conditions of the power of attorney described in this Section.
<br />10.14. "General Rules ": This Declaration shall be liberally construed to effectuate its
<br />purpose of creating a uniform plan for creating and operating a residential condominium
<br />development and maintaining the Common Area. As used in this Declaration, the singular includes
<br />the plural and the plural the singular. The masculine, feminine and neuter each includes the other,
<br />unless the context dictates otherwise.
<br />10.15. "Articles, Sections and Exhibits ": The Article and Section headings have been
<br />inserted for convenience only and may not be considered in resolving questions of interpretation or
<br />construction. Unless otherwise indicated, any references in this Declaration to articles, sections or
<br />exhibits are to Articles, Sections and Exhibits of this Declaration. Exhibit "A" attached to this
<br />Declaration is incorporated herein by this reference.
<br />10.16. "Priorities and Inconsistencies ": If there are conflicts or inconsistencies between
<br />the Governing Documents, then the provisions of this Declaration shall prevail.
<br />10.17. "Severability ": The provisions of this Declaration are independent and severable.
<br />A determination of invalidity or partial invalidity or uhenforceability of any one provision of this
<br />Declaration by a court of competent jurisdiction does not affect the validity or enforceability of any
<br />other provisions of this Declaration.
<br />10.18. "Statutory References ": All references made in this Declaration to statutes are to
<br />those statutes as currently in effect or to subsequently enacted replacement statutes.
<br />60
<br />03/06/12
<br />TAWPW1N601PR0JECTS1333 MAIN STREETIDEC - DRAFTING FOW7] [03 06 12].doc
<br />
|