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7.1.F. - Page 96 <br /> approval of all of the Owners of Commercial Units. The foregoing sentence may not be revised, <br /> amended or deleted without the prior written approval of all of the Owners of Commercial Units. <br /> B. Manager: The Association shall employ a professional management firm <br /> and contract with independent contractors or managing agents to perform all or any part of the <br /> duties and responsibilities of the Association, including maintenance operations and <br /> waste/recycling collection procedures, except for the responsibility to levy fines, impose discipline, <br /> hold hearings, file suit, record or foreclose liens, or make capital expenditures, provided that any <br /> contract with a firm or person appointed as a manager or managing agent shall not exceed a one <br /> (1) year term, shall provide for the right of the Association to terminate the same at the first <br /> annual meeting of the Members of the Association, and to terminate the same for cause on thirty <br /> (30) days' written notice, or without cause or payment of a termination fee on ninety (90) days' <br /> written notice, or for cause on thirty (30) days' notice. <br /> C. Adoption of Rules: The Board, or the Members of the Association by <br /> majority vote, may adopt reasonable Rules that are not inconsistent with this Declaration relating to <br /> the use of the Common Area and all its facilities, and the conduct of Owners and Occupants with <br /> respect to the Project and other Owners. Written copies of such Rules and any schedule of fines <br /> and penalties adopted by the Board shall be furnished to Owners. All changes to the Rules will <br /> become effective fifteen (15) days after they are either: (I) posted in a conspicuous place in the <br /> Common Area; or (ii) sent to the Owners via first-class mail or by any system or technology <br /> designed to record and communicate messages. Notwithstanding anything to the contrary in this <br /> Section 5.2.0 or in any other provision of this Declaration, any Association Rule that materially and <br /> affects the use or operations of the Commercial Units shall not be effective without the prior written <br /> consent of all of the Commercial Unit Owners. The provisions of this Section 5.2.0 shall not be <br /> amended without the prior written consent of all of the Commercial Unit Owners. <br /> D. Access: For the purpose of performing inspections, construction, main- <br /> tenance or emergency repair for the benefit of the Common Area or the Owners in common, <br /> and/or to perform maintenance work that an Owner has failed to perform as provided in <br /> Section 7.22, the Association's agents or employees shall have the right, after reasonable notice <br /> (not less than twenty-four (24) hours except in emergencies) to the Owner or Occupant of the <br /> Unit in which such maintenance work has not been performed, to enter any such Unit or to enter <br /> any portion of the Common Area at reasonable hours. Such entry shall be made with as little <br /> inconvenience to the Owner or Occupant as practicable, and any damage caused by such entry <br /> shall be repaired at the expense of the Association. For the purpose of performing the maintenance <br /> and/or repairs authorized by this Article 5, the Association's agent or employee shall have the <br /> right, after reasonable written notice to the Owner (received by Owner pursuant to Section 9.10 not <br /> less than seventy-two (72) hours prior to entry, unless an emergency exists, in which case no <br /> written notice need be given), to enter any Unit during reasonable hours with as little <br /> inconvenience to the Owner as it practicable. Notwithstanding the above, except in the event of an <br /> emergency, access and entry to the Commercial Unit or any individual Commercial Tenant space <br /> therein shall be restricted as provided in Section 2.6.G of this Declaration. <br /> E. Assessments and Liens: The Board shall have the power to levy and <br /> collect Assessments in accordance with the provisions of Article IV hereof. <br /> F. Fines and Disciplinary Action: The Board may impose fines or take <br /> disciplinary action against any Owner for failure to pay Assessments or for violation by Owner, or <br /> Occupant for whom Owner is responsible, of any provision of the Governing Documents. Penalties <br /> may include, but are not limited to, fines, temporary suspension of voting rights, or other <br /> appropriate discipline, provided the Owner is given notice and a hearing as provided in the Bylaws <br /> before the imposition of any fine or disciplinary action. The Board shall have the power to adopt a <br /> schedule of reasonable fines and penalties for violations of the terms of this Declaration, and for <br /> violations of any Rules adopted pursuant to Section 5.2.C. The penalties prescribed may include <br /> suspension of all rights and privileges of membership; provided, however, that suspension for <br /> failure to pay Assessments shall be for a maximum period of thirty (30) days, renewable by the <br /> Board for an additional thirty (30) day period or periods until paid; and provided further that <br /> suspension for infraction of Rules or violation of this Declaration, other than for failure to pay <br /> Assessments, shall be limited to a maximum period of thirty (30) days per infraction or violation, <br /> and shall be imposed only after a hearing before the Board. The Board may extend that period for <br /> an additional thirty (30) day period or periods in the case of a continuing infraction or violation, <br /> 33 <br /> [DRAFT][05.03.14] C:\Program Files\Neevia.Com\Document Converter\temp\4056.doc <br />