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BeRDING � W= � L BobBell Blake Lyon City of Redwood Ciry November 15, 2012 Page 2 We believe that the proposed amendment would constitute a material reduction of the responsibility of the Association and, therefore, that approval of your office is required pursuant to Section 5.1.4 of the current CC&Rs. This type of approval requirement by the City is not unique, but it also is not one that we typically see in homeowner association CC&Rs. Accordingly, we assume that this approval right was specifically reserved by the City in addition to the City's usual zoning, permitting, and other regulatory powers which apply whether or not this particular approval provision is contained in the CC&Rs. Current Maintenance Provisions Concerning Windows and Sliding G/ass Doors Pertinent provisions of the current CC&Rs concerning maintenance responsibilities of the Association and the Unit Owners are found at the following sections: Section 2.39 and 2.8 defining the Units and the Common Area, respectively. Because the boundaries of a Unit are to the interior unfinished surface of the doors and windows, it is our opinion that the correct interpretation of these provisions is that the exterior windows and sliding glass doors constitute Common Area. Section 5.1, concerning maintenance of Common Area, states that the Association shall maintain and repair all Common Area. Section 5.3 describes the Unit Owners' obligations to maintain and repair. Nothing in this section imposes on the Unit Owners any obligation to maintain or repair the exterior windows or sliding glass doors themselves; the Unit Owners only obligation is to "maintain and clean the interior of any skylights, windows and other glass surfaces of his UniY' (5.3.3) and to "replace screens covering doors and windows of his Unit" (5.3.4). Proposed Change To shift the responsibility for exterior windows and sliding glass doors from the Association to the Unit Owners, the Board of Directors of the Association intends to include the following language in proposed Amended CC8�Rs to be voted on by the Unit Owners: Each Unit Owner shalt be responsible for maintenance, repair, and replacement (including replacement of flashing if necessary for water-tight installation of a replacement window or sliding glass door) of a// windows including g/ass, frame, and seal, window screens, sliding g/ass doors including g/ass, frame, and sea/, and sliding screen doors serving his or her Unit. It shall be fhe responsibility of the Unit Owner to obtain any Building Permits that may be required fo conduct such maintenance, repair and or replacement work for his or her Unit. Other Approval Requirements for Proposed Change In addition to approval of the City Manager, the proposed amendment will require approval of 75% of the Unit Owners. If the supermajority approval of Unit Owners is not obtained but more than 50% of the Unit Owners vote for the amendment, the Association may,