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7.1.F. - Page 135 <br /> resolutions shall be grounds for an action (1) to recover sums due, (2) for damages, (3) for <br /> injunctive relief, (4) for costs and attorneys' fees, or (5) any combination of the foregoing. <br /> All agreements and determinations lawfully made by the Association in accordance with <br /> the voting percentages established in the Governing Documents shall be deemed to be binding on <br /> all Owners, their successors and assigns. <br /> 9.10. Notice: Any notice permitted or required by the Declaration or Bylaws may be <br /> delivered either personally or by mail. If delivery is by mail, it shall be deemed to have been <br /> delivered seventy-two (72) hours after a copy of the same has been deposited in the United <br /> States mail, first class or registered, postage prepaid, addressed to the person to be notified at the <br /> current address given by such person to the Secretary of the Board or addressed to the <br /> Condominium of such person if no address has been given to the Secretary. <br /> 9.11. Inspection and Assumption of Maintenance Responsibility for Common Area <br /> Improvements: The Association's inspection and assumption of maintenance responsibility for the <br /> Common Area Improvements shall be determined in accordance with the following procedures: <br /> A. Walk-Through Inspection: On completion of all or any portion of the <br /> Common Area Improvements in the Project ("Common Improvements"), Declarant shall notify the <br /> Board of Directors of the Association in writing. Within five (5) business days of the notice or <br /> such later date as is agreeable to the parties, representatives of the Association and Declarant <br /> shall meet for the purpose of inspecting the Common Improvements and identifying any <br /> uncompleted or incorrectly completed items. In addition to representatives of the Board and the <br /> Declarant, the inspectors may include an inspector who is under contract to the Association to <br /> participate in the inspection. With respect to those items that the parties agree need to be <br /> completed or corrected, Declarant shall have a reasonable time thereafter to complete or correct <br /> the items ("Punch List"). <br /> The results of the inspection shall be noted in a written document ("Inspection Report"), <br /> which document shall be dated and signed by all of the inspectors, and one duplicate original shall <br /> be retained by the Association, and one shall be retained by the Declarant. <br /> B. Assumption of Responsibility for Maintenance of Common Area <br /> Improvements: Upon completion of such an inspection, as evidenced by the dated and signed <br /> Inspection Report, all obligations and duties dictated by this Declaration for the Common Areas <br /> covered by the Inspection Report shall be assumed by the Association, and as of the date of the <br /> Inspection Report, the Association accepts the obligations and duties required by this Declaration. <br /> Any Punch List items noted on the Inspection Report shall not cause a delay of the Association's <br /> acceptance of the obligations and duties required by this Declaration, and the assumption of <br /> responsibility for maintenance of the Common Area shall occur as of the date of the Inspection <br /> Report. <br /> 9.12. Special Provisions Relating to Enforcement of Declarant's Obligation to Complete <br /> Common Area Improvements: Where the Project includes Common Area improvements which <br /> have not been completed prior to the Close of Escrow on the sale of the first Condominium, and <br /> where the Association is the obligee under a bond or other arrangement (hereafter "Common Area <br /> Bond") to secure performance of the commitment of Declarant to complete said improvements, the <br /> Board shall consider and vote on the question of action by the Association to enforce the <br /> obligations under the Common Area Bond with respect to any improvement for which a notice of <br /> completion has not been filed within sixty (60) days after the completion date specified for those <br /> improvements in the planned construction statement appended to the Common Area Bond. If the <br /> Association has given an extension in writing for the completion of any Common Area <br /> improvement, the Board shall consider and vote on the aforesaid question of action if a notice of <br /> completion has not been filed within thirty (30) days after the expiration of the extension. A <br /> special meeting of Members of the Association for the purpose of: (i) voting to override a decision <br /> by the Board not to initiate action to enforce the obligations under the Common Area Bond; or (ii) <br /> to consider the failure of the Board to consider and vote on the question shall be held not less <br /> than thirty-five (35) days nor more than forty-five (45) days after receipt by the Board of a <br /> petition for such a meeting signed by Members representing five percent (5%) or more of the total <br /> voting power of the Association. At such special meeting a vote of a majority of Members of the <br /> Association other than the Declarant shall be required to take action to enforce the obligations <br /> 72 <br /> [DRAFT][05.03.14] C:\Program Files\Neevia.Com\Document Converter\temp\4056.doc <br />