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7.1.L. - Page 100
<br /> religion,sex,gender identity,gender expression,sexual orientation,familial status, marital status,disability,
<br /> genetic information, national origin, source of income as defined in Government Code section 12955(p), or
<br /> ancestry.
<br /> 14.5 Notification of Sale. No later than five days after the closing of the sale of any Condominium,
<br /> the new Owner shall notify the Association of such sale. Such notification shall be in writing and shall set
<br /> forth the name and address of the new Owner and the date of sale.
<br /> 14.6 Reservation or Grant of Easements. Any easements referred to in this Declaration shall be
<br /> deemed reserved or granted, or both reserved and granted, by reference to this Declaration in any deed to
<br /> any Condominium.
<br /> 14.7 Incorporation of Exhibits. All exhibits referred to herein and attached to this Declaration are
<br /> incorporated herein by reference as fully set forth herein.
<br /> 14.8 Enforcement Rights and Remedies.The covenants, restrictions, rights and duties contained
<br /> in this Declaration constitute covenants running with the land and equitable servitudes that benefit and bind
<br /> each Condominium in the Development, each Owner, and each successive Owner thereto, and may be
<br /> enforced by the Association, the Declarant or any Owner in any legal or equitable action pursuant to the
<br /> procedures described herein. Declarant may enforce any covenants, restrictions, and rights set forth in this
<br /> Declaration that expressly benefit Declarant without regard to whether Declarant owns any Condominiums in
<br /> the Development.
<br /> Each Owner acknowledges and agrees that if any Person breaches any of the restrictions contained
<br /> herein, money damages may not be adequate compensation. As a result, each Owner agrees that in the
<br /> event of a breach,the non-breaching party, in addition to any other remedy available at law or equity,shall be
<br /> entitled to equitable relief, including, but not limited to,an order compelling the breaching party to perform an
<br /> act which the party is required to perform under this Declaration or which is necessary to bring the breaching
<br /> party or the breaching party's Condominium into compliance with restrictions contained herein or prohibiting
<br /> the breaching party from performing any act that violates the restrictions.
<br /> Notwithstanding anything herein to the contrary,the Association shall have the exclusive right to levy
<br /> assessments and to take appropriate action to enforce delinquent assessments, including imposition of an
<br /> assessment lien and the foreclosure of the lien. Furthermore, the Association shall have the primary
<br /> responsibility for enforcing the restrictions contained in Article 3 and the architectural provisions contained in
<br /> Article 7. If any Owner or Occupant desires the Association to take any enforcement action, the Owner or
<br /> Occupant shall notify the Association in writing of the alleged violation. On receipt,the Board shall review the
<br /> matter and shall determine what action, if any,to take. Neither the Board nor the Association or any director,
<br /> officer or agent thereof shall be liable if the Board in the exercise of its judgment elects not to take any action.
<br /> To the extent applicable, the Board shall comply with the due process requirements described in this
<br /> Declaration. If within 90 days after receipt of the notice the Board has failed to take any corrective action and
<br /> the alleged violation has not been cured and is continuing, any Owner may bring an action on the Owner's
<br /> behalf for appropriate legal and/or equitable relief. In such action,the Owner shall bear his or her own costs
<br /> and attorneys'fees, provided that the prevailing party in such action shall be entitled to recovery of such costs
<br /> and fees.
<br /> Prior to the commencement of any action by the Association, the Declarant or Owner to enforce the
<br /> Governing Documents,the Davis-Stirling Act or the Nonprofit Mutual Benefit Corporation Law(Corporations
<br /> Code sections 7110-8910), the Association, the Declarant or the Owner shall comply with the applicable
<br /> requirements of Article 3 (commencing with Civil Code section 5925)of Chapter 10 of the Davis-Stirling Act.
<br /> 14.9 Term. The term of this Declaration shall be for a period of 50 years from the date on which
<br /> this Declaration is recorded in the records of the county in which the Development is located. After that time,
<br /> this Declaration and each of its restrictions and covenants and other provisions automatically shall be
<br /> extended for successive ten-year periods unless this Declaration is rescinded by the written consent of
<br /> Owners holding a majority of the total voting power of the Association and the City. The rescission shall be
<br /> CLSS\51643\927586.5 46 June 16,2014
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