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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 78 <br /> (iii) pay compensation to members of the Board or to officers of the Association for <br /> services performed in the conduct of the Association's business, provided that the Board may reimburse a <br /> member or officer for expenses incurred in carrying on the business of the Association; <br /> (iv) enter into a contract with a third Person to furnish goods or services for the Common <br /> Area or the Association for a term longer than one year with the following exceptions: <br /> (a)a management contract,the terms of which have been approved by the Federal <br /> Housing Administration or Veterans Administration; <br /> (b) a contract with a public utility company if the rates charged for the materials or <br /> services are regulated by the Public Utilities Commission, provided the term does not exceed the shortest <br /> term for which the supplier will contract at the regulated rate; <br /> (c)prepaid casualty or liability insurance policies not to exceed three years'duration, <br /> provided the policy permits for short rate cancellation by the insured; <br /> (d)agreements for cable television services and equipment or satellite dish television <br /> services and equipment not exceeding five years in duration, provided the supplier is not an entity in which <br /> the Declarant has a direct or indirect ownership interest of 10%or more; <br /> (f) a contract for a term not to exceed three years that is terminable by the <br /> Association after no longer than one year without cause, penalty or other obligation upon 90 days written <br /> notice of termination to the other party; or <br /> (v) borrow money secured by any Association assets as authorized under Section 5.6.3. <br /> 5.14 Notice of Significant Legal Proceedings. Notwithstanding anything herein to the contrary,not <br /> later than 30 days prior to the filing of any civil action against the Declarant or other developer for alleged <br /> damage to the Common Area, alleged damage to the separate interests that the Association is obligated to <br /> maintain or repair, or alleged damage to the separate interests that arises out of, or is integrally related to, <br /> damage to the Common Area or separate interests that the Association is obligated to maintain or repair,the <br /> Board shall provide written notice to each Member of the Association. The notice shall specify the date and <br /> location of the meeting and both of the following: <br /> (i) that a meeting will take place to discuss problems that may lead to the filing of a civil <br /> action; and <br /> (ii) the options, including civil actions, that are available to address the problems. <br /> If the Board in good faith determines that there is insufficient time to provide prior notice to the <br /> Members as required herein prior to the expiration of any applicable statute of limitations,the Board may take <br /> the necessary steps to commence the proceeding to preserve the rights of the Association, provided that as <br /> soon as is reasonably practical thereafter, and not later than 30 days following the commencement of the <br /> proceeding, the Board shall provide the Members with notice as required herein. <br /> 5.15 Civil Code Sections 896 and 897 Claims. The sole and exclusive authority to initiate claims <br /> on behalf of the Association in connection with Improvements or landscaping maintained by the Association <br /> for violations of the functionality standards set forth in Civil Code sections 896 and 897 shall rest with the <br /> Board members elected solely by Class A Members described in Section 5.4.1 of this Declaration(the"Non- <br /> Declarant Directors"). Any Non-Declarant Director may at any time request a meeting for the purpose of <br /> discussing, inspecting, investigating and/or initiating any claims under Civil Code sections 896 or 897. Notice <br /> of the meeting shall be sent in the same manner as notice for special meetings of the Board. Any member of <br /> the Board appointed by Declarant or elected by votes cast by Declarant shall be entitled to attend the meeting <br /> but shall not be entitled to vote. The meeting shall be open for all Members of the Association unless the <br /> CLSS\51643\927586.5 24 June 16,2014 <br />
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