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7.1.L. - Page 72
<br /> 5.6.1 Levying Assessments: The Board shall establish,fix and levy assessments against
<br /> the Condominiums and collect and enforce payment of such assessments in accordance with the provisions
<br /> of Article 6 of this Declaration.
<br /> 5.6.2 Adopting Rules: The Board may adopt, amend and repeal Rules as it considers
<br /> appropriate. Rules shall apply generally to the management and operation of the Development and/or the
<br /> conduct of the business and affairs of the Association and may regulate the use and enjoyment of the
<br /> Common Area, the use of any commonly-metered utilities that are paid by the Association and such other
<br /> matters as are authorized in this Declaration. The adoption, amendment or repeal of Rules shall satisfy the
<br /> applicable requirements of Civil Code sections 4350,4360 and 4365. If any provision of this Declaration,the
<br /> Articles or the Bylaws is inconsistent with or materially alters any Rules,this Declaration,the Articles and the
<br /> Bylaws shall control to the extent of any such inconsistencies. Members shall have the same access to the
<br /> Rules as they have to the accounting books and records of the Association.
<br /> Any Rules adopted by the Board shall apply to all Owners or Occupants in a uniform and
<br /> nondiscriminatory manner. The Board may adopt a Rule as the result of an act or omission of any Owner or
<br /> Occupant or their family members or guests or a Rule that does not directly affect all Owners or Occupants in
<br /> the same manner as long as the Rule applies to all Owners or Occupants.
<br /> 5.6.3 Borrowing Money: The Board may borrow money to meet any anticipated or
<br /> unanticipated cost of the Association and, subject to the provisions of Section 5.13(v), may mortgage,
<br /> encumber or pledge Association assets (including, but not limited to, assessments) as security for such
<br /> borrowing.
<br /> 5.6.4 Imposing Disciplinary Action: In addition to any other enforcement rights described in
<br /> this Declaration and the Bylaws or as may be authorized by law and subject to the due process requirements
<br /> imposed by this Declaration, the Bylaws or by law, the Board may take any of the following actions against
<br /> any Person whose act or failure to act violates or threatens to violate any provisions of this Declaration, the
<br /> Bylaws or Rules: (a) impose monetary penalties, including late charges and interest; (b)suspend voting
<br /> rights in the Association; and (c) commence any legal or equitable action for damages, injunctive relief or
<br /> both. Subject to the provisions of Section 13.8,the determination of whether to impose any of the foregoing
<br /> sanctions shall be within the sole discretion of the Board. Any legal action may be brought in the name of the
<br /> Association on its own behalf and on behalf of any Owner who consents; and, except as otherwise provided
<br /> herein, the prevailing party in such action shall be entitled to recover costs and reasonable attorneys'fees.
<br /> The Board, in its sole discretion, may resolve or settle any dispute, including any legal action in which the
<br /> Association is a party, under such terms and conditions as it considers appropriate.
<br /> (i) If the Board adopts a policy imposing monetary penalties, including any fee
<br /> on any Member for a violation of the governing documents or the Rules, including any monetary penalty
<br /> relating to the activity of a Member,or Member's Permittee or the Member's Occupant or their Permittee,the
<br /> Board shall adopt and distribute to each Member, by personal delivery or first-class mail, a schedule of the
<br /> monetary penalties that may be assessed. The Board may change the schedule from time to time and shall
<br /> distribute a notice of such changes to the Members in the same manner as the schedule of penalties.
<br /> (ii) The imposition of any disciplinary action, including, but not limited to, the
<br /> imposition of monetary penalties or the suspension of use and/or voting privileges except as otherwise noted
<br /> herein, shall be subject to the following procedures and requirements:
<br /> (a) Notice of Hearing: Prior to the time the Board meets to consider or impose
<br /> discipline upon a Member,the Board shall notify the Member, by either personal delivery or first-class mail,at
<br /> least 15 days prior to the meeting. The notice shall contain, at a minimum, the date, time and place of the
<br /> meeting,the nature of the alleged violation for which the Member may be disciplined,and a statement that the
<br /> Member has a right to attend and may address the Board at the meeting.
<br /> (b) Hearing: If requested by the Member, the Board shall conduct the
<br /> disciplinary proceeding in executive session. The Member, the Member's legal counsel, and the
<br /> CLSS\51643\927586.5 18 June 16,2014
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