AgdaPkt 2014-06-23 Closed and Joint SA

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7.1.L. - Page 86 attorneys'fees, late charges, and interest, if any, pursuant to Civil Code section 5650(b), and commence an action in small claims court for resolution of the dispute. Nothing in this Section 6.10.3 shall impede the Association's ability to collect delinquent assessments as provided in Section 6.10.2. The provisions of this Section 6.10 are intended to comply with the requirements of the Davis-Stirling Act. If these sections are amended, restated or rescinded in any manner,the provisions of this Section 6.10 automatically shall be amended, restated or rescinded in the same manner. The Board is advised to confirm the current statutory requirements prior to commencing any delinquent assessment enforcement action. 6.11 Estoppel Certificate. Within ten days of the mailing or delivery of a written request by any Owner, the Board shall provide the Owner with a written statement containing the following information: (i) whether to the knowledge of the Association, the Owner or Occupant of the Owner's Condominium is in violation of any of the provisions of this Declaration, the Articles, Bylaws or Rules; (ii)the amount of regular and special assessments, including installment payments, paid by the Owner during the fiscal year in which the request is received; and (iii)the amount of any assessments levied against the Owner's Condominium that are unpaid as of the date of the statement, including any late charges, interest or costs of collection,and that, as of the date of the statement, are or may be made a lien against the Owner's Condominium as provided by this Declaration. The Association may charge a fee to provide this information provided the fee shall not exceed the Association's reasonable cost to prepare and reproduce the requested items. 6.12 Assignment of Rents. Each Owner covenants and agrees that the Owner's interest in the rents, issues and other profits from the Owner's Condominium shall be assigned to the Association if the Owner is delinquent in the payment of assessments and the Owner is renting the Owner's Condominium. The assignment is effective automatically on the date of the recordation of a notice of delinquent assessment establishing a lien against the Owner's Condominium. The Association shall be entitled to enforce the assignment pursuant to the provisions of Civil Code section 2938(c)or any successor statute thereto. The assignment remains in full force and effect until the first to occur of the following: (i)the recordation of a lien release or notice of rescission under Civil Code section 5685(a) or any successor statute thereto; (ii) the payment in full of all delinquent assessments, costs of collection, late charges and interest;or(iii)the date a prior assignee of the rents commences its enforcement action as provided in Civil Code section 2938(h) or any successor statute thereto. Nothing herein limits or affects any other rights or remedies available to the Association to collect delinquent assessments as set forth in the Declaration or as otherwise provided by law. 6.13 Restrictions on Association Funds. Pursuant to the requirements of Civil Code section 5135, no Member funds shall be used for campaign purposes in connection with any election of members to the Board or for company purposes in connection with any other Association election, except to the extent necessary to comply with duties of the Association imposed by law. ARTICLE 7 Architectural Review 7.1 Architectural Committee. An Architectural Committee may be established by the Declarant or by the Board. The Committee shall consist of three members. Declarant may appoint all of the original members of the Committee and all replacements until the first anniversary of the issuance of the original final subdivision public report for the Development. Declarant's appointees need not be Members of the Association. Declarant shall have the right to appoint a majority of the members of the Committee until 90% of all the Condominiums in the Development have been sold or until the fifth anniversary of the issuance of the final public report for the Development, whichever occurs first. On the first anniversary date of the issuance of the original public report for the Development, the Board shall have the power to appoint one member to the Committee until 90%of the Condominiums of the Development have been sold or until the fifth anniversary date of the issuance of the final public report for the Development, whichever first occurs. Thereafter, the Board shall have the power to appoint all of the members of the Committee. The Board appointees shall be Members of the Association and shall serve at the will of the Board. The term of the members shall be as designated by the Declarant or by the Board. If a member is removed from the Committee for any reason, the Person appointing the member immediately shall appoint a replacement for CLSS\51643\927586.5 32 June 16,2014