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AgdaPkt 2014-06-23 Closed and Joint SA
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AgdaPkt 2014-06-23 Closed and Joint SA
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Last modified
6/19/2014 5:44:54 PM
Creation date
6/19/2014 5:24:15 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency
Date
6/23/2014
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7.1.L. - Page 69 <br /> In addition to the foregoing,the Association shall comply with each of the following in performing the <br /> Association's maintenance obligations: (i) the Guidelines described in Section 4.6 and (ii) commonly- <br /> accepted homeowners' maintenance obligations. <br /> If the Association requires access to a Unit in order to inspect, maintain, repair or replace any <br /> Common Area Improvements maintained by the Association, including the Utility Facilities described in <br /> Section 2.3.2,the Association shall provide the Unit Occupants with such prior notice as is reasonable under <br /> the circumstances and no less than 96 hours'prior notice except in the event of an emergency. Owners must <br /> cooperate with the Association in providing the necessary access. Any Owner failing to cooperate shall be <br /> liable for any costs incurred by the Association in rescheduling inspections and any other costs incurred by <br /> the Association in maintaining or repairing Improvements that could have been avoided had timely access <br /> been granted. The Association may levy a reimbursement assessment as authorized in Section 6.5 to <br /> recover its costs. <br /> 4.4 Trash Removal. Each Condominium Owner shall be responsible for the removal of all the <br /> trash and refuse from that Owner's Unit to the trash collection area located in the garage. The Association <br /> shall be responsible for the maintenance of the central trash collection area and for the periodic removal <br /> therefrom. All trash or refuse shall be kept only in sanitary containers which containers shall be kept in the <br /> areas approved by the Board. Each Owner shall take all appropriate, proper and required precautions to <br /> protect Persons and property from any injuries or damages from the trash or other refuse generated from the <br /> Owner's Unit and shall comply with all laws and ordinances regarding the disposal of any hazardous <br /> materials. The Board may adopt rules regulating the trash collection areas. In addition, if the Board <br /> determines, in the Board's sole discretion, that a Unit is generating trash in excess of the trash generated by <br /> other Units, it may either: (i) reallocate trash collection costs so that the Unit generating the excess trash <br /> pays for the excess trash collection or(ii) require the Owner of the Unit to engage and pay for its own trash <br /> collection service,in which case the Owner may no longer use the trash collection areas available to the other <br /> Units except as may be authorized by the Board in writing. <br /> 4.5 Clustered Mailbox Maintenance. The Association shall maintain the clustered mailboxes <br /> within the Development, provided that each Owner shall be responsible for maintenance and repair of the lock <br /> on the Owner's mailbox. <br /> 4.6 Inspection and Maintenance Guidelines and Schedules. Declarant shall provide each initial <br /> Owner and the Association with a maintenance manual for the inspection and maintenance of certain <br /> Improvements and personal property situated within the Development(collectively the"Guidelines""). Each <br /> Owner and the Association shall retain the Guidelines and shall take all appropriate steps to implement and <br /> comply with the Guidelines as required herein. Each Owner, on the transfer of the Owner's Condominium, <br /> shall deliver the Guidelines or complete copies thereof to the transferee on or before title is transferred. <br /> Replacement copies of the Guidelines may be obtained from Declarant as described in Exhibit A. Declarant <br /> may charge a reasonable fee for providing replacement copies. <br /> The Board periodically and at least once every three years shall review and update the Guidelines for <br /> Improvements maintained by the Association,which may be done in conjunction with the preparation of the <br /> reserves study described in Section 6.3. The Board shall retain copies of the Guidelines, including all <br /> revisions,and shall provide copies of Guidelines pertaining to Improvements maintained by the Owner to any <br /> new Owner within the Development within 60 days of the date of the transfer of title to the new Owner. <br /> 4.7 Cooperation and Access. Each Owner and Occupant shall fully cooperate with the agents of <br /> the Association in the performance of the Association's maintenance and repair obligations described in <br /> Section 4.3 above. Such cooperation shall include, but is not limited to, immediate notification to the Board <br /> or its managing agent of any maintenance or repair problems for which the Association is responsible and <br /> access to the Owner or Occupant's Condominium and Exclusive Use Common Area as may be necessary to <br /> inspect and, if appropriate, to perform any necessary maintenance or repairs. <br /> 4.8 Reimbursement and Indemnification. If the Association incurs any maintenance or repair <br /> costs because of the willful or negligent act or omission of any Owner or Occupant or their Permittees <br /> CLSS\51643\927586.5 15 June 16,2014 <br />
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