AgdaPkt 2014-06-23 Closed and Joint SA

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7.1.L. - Page 73 Association's legal counsel shall be entitled to attend the executive session meeting. The Board may interview witnesses and other interested parties in executive session. (c) Notice of Action Taken: If the Board elects to impose discipline on the Member,the Board shall notify the Member of the disciplinary action within ten days following the election to impose the disciplinary action. (d) No Forfeiture: Under no circumstances may the Association cause a forfeiture or abridgement of an Owner's right to the full use and enjoyment of the Owner's Unit on account of the failure of the Owner to comply with the provisions of this Declaration,Articles, Bylaws or Rules,except by judgment of a court or decision of an arbitrator or on account of a foreclosure or sale under power of sale for failure of the Owner to pay assessments duly levied by the Association. (e) Assessment Charges: The provisions of this Section 5.6.4 do not apply to charges imposed against a Member for reasonable late payment penalties or charges to reimburse the Association for loss of interest and for costs reasonably incurred (including attorneys' fees) in collecting delinquent assessments. 5.6.5 Delegating Duties: Except as may be limited by the Bylaws,the Board may delegate any of the Association's powers and duties to its employees, committees or agents, including a professional management agent. 5.6.6 Implementing Special Fees: The Board may implement special fees to reimburse the Association for special costs incurred as a result of actions taken by Owners. 5.6.7 Dispute Resolution Procedures: The Board shall implement dispute resolution procedures that comply with the requirements of Civil Code sections 5900 through 5920 for disputes between the Association and a Member involving the rights, duties or liabilities under the Governing Documents, the Davis-Stirling Act or the Nonprofit Mutual Benefit Corporation Law(Corporations Code sections 7110-8910). 5.7 Duties of the Association. In addition to the duties described in the Articles or Bylaws, or elsewhere in this Declaration,the Association shall have the duty to manage the Common Area;exercise the rights and perform the duties within the Landscape Maintenance Agreement and Stormwater Agreement described in Sections 1.19 and 1.29; perform the maintenance as described in Section 4.6; prepare, periodically update, and comply with the maintenance and inspection guidelines described in Section 4.5; prepare and distribute financial statements, reports and the other documents and notices described in Section 5.10.; enforce bonded obligations as described in Section 5.11; levy and collect assessments as described in Article 6; prepare when required the reserve studies described in Section 6.3 and annually review and implement adjustments as required;and procure, maintain and review the insurance as described in Article 8. The Association shall perform such other acts as may be reasonably necessary to exercise its powers to perform its duties under any of the provisions of this Declaration, the Articles, Bylaws, Rules or Board resolutions. 5.8 Taxes and Assessments. The Association shall pay all real and personal property taxes and assessments and all other taxes levied against the Association, the Common Area or the personal property owned by the Association. Such taxes and assessments may be contested or compromised by the Association, provided that they are paid or that a bond insuring payment is posted before the sale or the disposition of any property to satisfy the payment of such taxes. Until such time as real property taxes against the Development are segregated so that real property taxes are assessed against each Condominium (in addition to any supplemental tax assessments levied against any Condominium),the non-segregated tax amount shall be allocated among all the Condominiums in the same manner that regular assessments are allocated as described in Section 6.9, provided that if any portion of the regular assessments are prorated among the Condominiums,the non-segregated tax amount shall be allocated in the same manner. The Association shall take all appropriate steps to collect each CLSS\51643\927586.5 19 June 16,2014