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7.1.F. - Page 95
<br /> recommendations; (c) Maintenance and repairs, including description, location, date, by whom
<br /> made and cost; and (d) Plans, including construction drawings, subsequent modifications, and
<br /> repair plans.
<br /> (4) For a period of ten (10) years after the date of the last Close of
<br /> Escrow in the Project, the Board shall also furnish to Declarant copies of: (a) the report of each
<br /> inspection performed for the Board, whenever such inspection is performed and for whatever
<br /> portion of the Common Area that is inspected, within thirty (30) days after the completion of such
<br /> inspection; and (b) the most recent inspection and/or maintenance report prepared for any portion
<br /> of the Project, within ten (10) days after the Association's receipt of a written request therefor from
<br /> Declarant.
<br /> (5) The Board may, from time to time, make appropriate revisions to the
<br /> Owners Association Handbook based on the Board's review thereof, to update such handbook to
<br /> provide for inspection and maintenance according to current industry practices so long as such
<br /> changes do not reduce the useful life or functionality of the items being maintained. No changes
<br /> may be made to the Owners Association Handbook without the Declarant's prior written consent for
<br /> a period of ten (10) years after completion of construction of the Common Area improvements, or
<br /> the Close of Escrow on the sale of the first Unit, whichever occurs later.
<br /> (6)The Board shall cause the inspection, maintenance and operation of
<br /> the Common Area of the Project to be in accordance with all applicable municipal, state, and
<br /> federal laws, statutes and ordinances, as the case may be. The Board shall also, as a separate
<br /> and distinct responsibility, take reasonable measures to cause third parties (including Owners and
<br /> Occupants) to utilize the Common Area in accordance with the aforementioned regulations. The
<br /> Board shall, when it becomes aware of any violation of the aforementioned regulations, use
<br /> reasonable efforts and action to expeditiously correct such violations.
<br /> C. Insurance: The Association shall maintain such policy or policies of
<br /> insurance as are required by Section 8.1 of this Declaration.
<br /> D. Discharge of Liens: The Association shall discharge by payment, if
<br /> necessary, any lien against the Common Area, and charge the cost thereof to the Owner or
<br /> Owners responsible for the existence of the lien (after notice and a hearing, as provided in the
<br /> Bylaws).
<br /> E. Assessments: The Association shall fix, levy, collect and enforce
<br /> Assessments as set forth in Article IV hereof.
<br /> F. Payment of Expenses and Taxes: The Association shall pay all expenses
<br /> and obligations incurred by the Association in the conduct of its business including, without
<br /> limitation, all licenses, taxes or governmental charges levied or imposed against the property of the
<br /> Association.
<br /> G. Enforcement: The Association and the Board shall be responsible for the
<br /> enforcement of this Declaration.
<br /> 5.2. Powers: In addition to the powers enumerated in the Articles and Bylaws or
<br /> elsewhere provided for in this Declaration, and without limiting their generality, the Association, and
<br /> the Board, where applicable, shall have the following powers:
<br /> A. Easements: The Association shall have authority, by document signed by
<br /> the President and the Secretary, to grant permits, licenses, and easements in addition to those
<br /> shown on the Map or Condominium Plan and/or referred to in Article VI, where necessary for
<br /> roads, utilities, communications services, cable television, and sewer facilities over the Common
<br /> Area to serve the common and open space areas and the Condominiums, and/or where
<br /> necessary to satisfy or achieve appropriate governmental purpose or request. The Board of
<br /> Directors may grant exclusive use easement rights over a portion of the Common Area to a
<br /> Member with the affirmative vote of sixty-seven percent (67%) of the separate interests in the
<br /> Project, and without the approval of the Members in those limited cases set forth in Civil Code §
<br /> 4600. Notwithstanding the forgoing, any such grant of exclusive use easement rights over a
<br /> portion of the Common Area as to which the Commercial Units have right of use shall require the
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