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a) When the total
votes outstanding in the Class A membership equals the total
votes outstanding in the Class B membership; or
b) Upon the expiration of a three
(3) year period after the issuance by the California Department
of Real Estate of a Final Subdivision Public Report with respect
to any portion of the property without the issuance of a
subsequent Final Public Report covering some other portion of
the Property which has been annexed hereto pursuant to Article
III hereof. |
provided, however, that the Class B
membership shall be reinstated upon the annexation of additional
property in accordance with Article III hereof, subject to further
cessation in accordance with the limitation set forth in the preceding
paragraphs (a) and (b) of this Section 4.
Section 5. Voting
Rights. Each Condominium owned by other than Declarant, regardless
of the number of Owners thereof, shall be represented in the Association
by only one (1) vote which may be cast only as a unit by the Owner or
Owners thereof. Except as otherwise provided in this Declaration,
whenever this Declaration, the By-Laws or the Articles require the vote,
assent or presence of a stated number of Owners or members entitled to
vote on a matter or at a meeting with regard to the taking of any action
or any other matter whatsoever, the provisions of this Article IV and
Section 3(b) of Article V hereof shall govern as to the total number of
available votes, the number of votes an Owner is entitled to cast at the
meeting, and the manner in which the vote attributable to a Condominium
having more than one Owner shall be cast.
Section 6. Joint Owner
Disputes. The vote or votes for each Condominium may be cast only as
a unit, and fractional votes shall not be allowed. In the event that
joint Owners are unable to agree among themselves as to how their vote
or votes shall be cast, they shall lose their right to vote on the
matter in question. If any Owner or Owners cast a vote representing a
certain Condominium, it will thereafter be conclusively presumed for all
purposes that he or they were acting with the authority and consent of
all other Owners of the same Condominium.
Section 7. Cumulative
Voting. In any election of the members of the Board, every Owner
entitled to vote at such as election shall have the right to cumulate
his votes and give one candidate, or divide among any number of the
candidates, number of votes equal to the number of directors to be
elected multiplied by the number of votes which such Owner is otherwise
entitled to cast pursuant to the Declaration and the By-Laws. The
candidates receiving the highest number of votes, up to the number of
the Board Members to be elected, shall be deemed elected.
ARTICLE V
RIGHTS IN THE COMMON
AREA AND RECREATION AREA
Section 1. Percentage of Undivided Interests in Common Area.
The
undivided interests in the Common Area hereby established and which
shall be conveyed with each respective Unit is an undivided 1/166th
interest. Undivided interests in the Common Area located within property
annexed hereto shall be conveyed to and owned y Owners of Units located
within property annexed hereto in accordance with the provisions of
Section 4 or Article III hereof.
Section
2. Recreation Area. Declarant shall convey the Recreation Area in
fee to the Association prior to or concurrently with the recordation of
a deed evidencing the initial sale of a Condominium to a third party
purchaser. Such conveyance shall be made free and clear of all liens and
encumbrances except this Declaration, covenants, conditions,
restrictions, rights, rights-of-way, reservations easements and utility
rights then of record and non-delinquent real property taxes.
Section
3. Owner's Easement of Enjoyment. Every Owner (including Declarant)
of a Condominium within the phase I Property, or any Property annexed
hereto, and the members of his family, his guests, tenants and servants
to the extent permitted by such Owner shall have a non-exclusive
easement, access to, use and enjoyment of, and ingress and egress
through the Common Areas as to which such Owner owns as undivided
fractional interest. In addition, all members of the Association and
their guests, family members, servants and tenants to the extent
permitted by such members shall have a non-exclusive easement of access
to, use and enjoyment of, and ingress and egress through the Recreation
Area and all other portions of the Property annexed hereto and conveyed
to the Association. Such easements shall be appurtenant to and pass with
title to each Condominium located upon the Property and shall be subject
to the following limitations and provisions.
| a) The right of the Board
to establish uniform rules and regulations on behalf of the
Association pertaining to the use of the Common Area, the
Recreation Area and other portions of the property annexed
hereto and conveyed to the Association, as provided for by this
Declaration; including, but not limited to, the regulation of
the number of guests, the imposition of guests fees, the hours of
use and other matters relating to the use and enjoyment of such
areas and the facilities thereon, and the right of the Board to
designate and allocate parking spaces as provided in Section 5
or Article II hereto.
b) The right of the Board to suspend
the voting rights of an Owner or Owners for the period during
which any assessment against his Condominium remains unpaid and
delinquent. The Board shall also have the right to suspend the
voting rights of every Owner of a given Condominium for a period
not to exceed thirty (30) days for any infraction of the rules
and regulations of the Association committed by any Owner of the
particular Condominium as to which such rights are being
suspended, his guests, servants, family members or tenants,
provided that any suspension of voting rights, except for
failure to pay assessments, shall be made only after notice and
hearing given and held in accordance with the By-Laws.
c) The right of Declarant (and its
sales agents and representatives) to the non-exclusive use of
the Common Area and the Recreation Area, and the facilities
thereof, for display and exhibit purposes in connection with the
sale of the Condominiums within the Project, which rights
Declarant hereby reserves; provided, however, that years
after the issuance by the California Department of Real Estate
of a Final Subdivision Public Report with respect to any portion
of the property without the issuance of a subsequent Final
Public Report covering some other portion of the Property which
has been annexed hereto pursuant to Article III hereof; provided,
however, that no such use by Declarant or its sales agents
or representatives shall otherwise restrict the members in their
use and enjoyment of the Common Area, the Recreation Area, or
the facilities thereon.
d) The right of the Association to
lease, sell, transfer or encumber all or any portion of the
Common Area or the Recreation Area, or to grant licenses or
concessions with respect thereto, to any person, firm or entity,
whether public or private, and the right of the Association to
dedicate or transfer all or any part of the Common Area or the
Recreation Area to any public agency, authority or utility for
such purposes and subject to such conditions as may be agreed to
by the Members. No such lease, sale, transfer, encumbrance,
license, concession or dedication shall be effective unless an
instrument signed by members of the Association entitled to cast
fifty-one percent (51%) of the votes of the Class A Membership
and fifty-one percent (51%) of the votes of Class B Membership,
if any, has been recorded, agreeing to the terms of such lease,
sale, transfer, encumbrance, license, concession or dedication,
and unless written notice of the proposed action is sent to
every Member not less than thirty (30) days nor more than sixty
(60) days in advance. |
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Section 4. Waiver of Use. No
Owner may waive or otherwise escape liability for the assessments
provided for by this Declaration of otherwise duly and properly levied
by the Board in accordance with this Declaration, nor release the
Condominium owned by him from the liens and charges hereof, by non-use
of the Common Area, the Recreation Areas, or the facilities thereon or
any part thereof, or by abandonment of his Condominium.
Section 5. Additional
Provisions Relating to Common Area. The Declarant, its successors
and assigns, and all future owners of the Condominiums, by acceptance of
their respective deeds, covenant and agree as follows:
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a) That the Common Area
shall remain undivided; and no Owner shall bring any action for
partition except as provided in this Declaration, it being
agreed that this restriction is necessary in order to preserve
the rights of the Owners with respect to the operation and
management of the Project.
b) In the event the improved part of
the Project is partially or totally destroyed, and then rebuilt,
the Owners agree that minor encroachments of parts of the Common
Area due to construction shall be permitted and that valid
easements for said encroachments and the maintenance thereof
shall exist.
c) That a non-exclusive easement for
support through the Common Area is appurtenant to each Unit and
the Common Area is subject to such easements.
d) That the Association shall have
the responsibility to manage and maintain both the Recreation
Area and all of the Common Area, including but not limited to,
the common walkways, common driveways, recreational facilities,
landscaping, the private driveways, and the exterior of each
building, and such maintenance shall be of a high quality so as
to keep the entire Project in a first-class condition and in a
good state of repair. |
Section 6. Delegation. Notwithstanding
anything contained in this Declaration, the By-Laws or the Articles,
expressly or impliedly to the contrary, if an Owner leases his Unit,
sells such Unit under a contract of sale, or otherwise allows possession
and occupancy thereof to be obtained by a third party or parties, such
Area or the recreation facilities located within the Common Area unless
such Owner designates such third party of parties, in writing to the
Association as being entitled to use such facilities. In the event of
such designations, such Owner shall be precluded from using such
facilities until such designation is terminated by such Owner by written
notice to the Association, at which time the designees shall be
prohibited from using such areas and facilities. The use of all such
areas and facilities shall be in accordance with the rules and
regulations of the Association.
ARTICLE VI
COVENANT FOR
MAINTENANCE ASSESSMENTS
Section 1. Creation of Lien and Personal Obligation of Assessments. The
Declarant, for each condominium owned by it within the Project hereby
covenants, and each Owner of any Condominium within the Project, by
acceptance of a deed therefore, whether or not it shall be so expressed
in any such deed or other conveyance, is deemed to covenant and agree to
pay to the Association: (1) Regular Monthly Assessments or charges, (2)
Special Assessments for capital improvements, and (3) Emergency
Assessments, such assessments to be fixed, established, and collected
from time to time as hereinafter provided. The Regular Monthly, Special
and Emergency Assessments, together with such interest thereon and costs
of collection thereof, as hereinafter provided, shall be a charge on the
land and a continuing lien upon the Condominium against which each such
assessment is made, which lien shall be created and enforced in
accordance with the provisions of this Article VI. Each such assessment
(and all other assessments levied in accordance with this Declaration)
together with late charges, interest, costs, penalties, and reasonable
attorney's fees, as provided for by this Declaration, shall also be the
joint and several personal obligation of each person who was an Owner of
such Condominium at the time when such assessment fell due.
Section
2. Basic Maximum Amount of Regular Monthly Assessments.
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a) Initial Regular
Monthly Assessment. The first day of the month immediately
following the date or recordation of a deed to the first
purchaser of a Condominium other than Declarant, shall be
hereinafter referred to as the "initiation Date".
Until January 1 of the year immediately following the initiation
Date the Regular Monthly Assessment shall be $39.85 per
Condominium per month.
b) Increase of Monthly Assessment
by Board For each calendar year commencing January 1 of the
year immediately following the Initiation Date, the Regular
Monthly Assessment may be increased or decreased prior to, but
effective as of, January 1 of each such calendar year by the
Board without a vote of the members of the Association, provided
that the amount of any such increase shall not be more than
twenty percent (20%) of the greater of (i) the Regular Monthly
Assessment in effect during the previous year, or (ii) $39.85.
All Regular Monthly Assessments shall continue in effect until
the end of the calendar year during which they become effective,
and for each calendar year thereafter unless increased in
accordance with this Declaration at the time and in the manner
provided for by this Declaration.
c) Increase by Association. From
and after January 1 of the year immediately following the
Initiation Date, the Regular Monthly Assessment may be increased
by the Board in an amount greater than provided for in
subsection (b) of this Section 2 for the next succeeding twelve
(12) calendar months, and at the end of each such period, for
each succeeding period of twelve (12) months such increase to be
made prior to but effective as of January 1 of each year,
provided that any such change shall first be approved by at
least two-thirds (2/3) or the Class members and two-thirds
(2/3) or the Class B members, if any, present in persons or by
proxy, and entitled to vote at a meeting held prior to the
commencement of the calendar year for which such increase is to
be made and duly called for such purpose, at which a quorum is
present, written notice of which shall be sent to all members to
less than ten (10) days nor more than sixty (60) days in advance
of the meeting, setting forth the purpose of the meeting. Notice
of increase pursuant to this Section 2 (c) shall be given by the
Board to each Owner prior to the commencement of the calendar
year for which such increase is to be effective.
d) Certificate of Payment. The
Association shall, upon demand, furnish to any Owner liable for
any assessment a certificate in writing signed by an officer of
the Association, setting forth whether the assessments on a
specified Condominium have been paid, and the amount of the
delinquency, if any. A charge of $10.00 per certificate may be
made by the Board for the issuance of these certificates. Such
certificates shall be conclusive evidence of payment of any
assessment therein stated to have been paid. |
Section 3. Special Assessments for Capital Improvements. In addition
to the Regular Monthly Assessments authorized above, the Board may levy,
during any calendar year, but in no event prior to the Initiation Date,
special Assessments ("Special Assessment") applicable to that
year only for the purpose of defraying, in whole or in part, the
cost of any construction, reconstruction, or unexpected repair or
replacement of a capital improvement upon the Common Area or the
Recreation Area, and personal property related thereto; provided that
each such Special Assessment in excess of $1,000.000 must first be
approved by vote or written assent of fifty-one percent (51%) of the
Class A members (excluding Declarant) present either in person or by
proxy and entitled to vote at a meeting called for such purpose at which
a quorum is present, written notice of which meeting is sent to all
members not less than ten (10) days nor more than sixty (60) days in
advance of the meeting.
Section
4. Special Assessments for Emergency Needs. In the event the Board
shall determine that its budget for any current month from and after the
Initiation Date is, or will become inadequate to meet all expenses
hereunder for any reason, including non-payment of any Owner's
assessments on a current basis, it shall immediately determine the
approximate amount of such inadequacy for such month and issue a
supplemental budget, noted as to the reason therefore, and levy an
emergency assessment ("Emergency Assessment") for the amount
required to meet all such expenses on a current basis against the Owners
of each Condominium; provided, however, that any such Emergency
Assessment must first be approved by fifty-one percent (51%) of the
Class A members (excluding Declarant) present either in person or by
proxy and entitled to vote at a meeting called for meeting is sent to
all members not less than ten (10) days nor more than sixty (60) days in
advance of the meeting. Emergency Assessments properly levied in
accordance with this Section 4 shall be due and payable within thirty
(30 days from written notice thereof by the Board.
Section
5. Uniform Rate of Assessment. Subject to the provisions of Section
4 of Article II hereof regulating the commencement of assessments as to
Condominiums within the Annexed Property and the obligation of Owners of
Condominiums within the Annexed Property to pay any portion of Special
and/or Emergency Assessments, Monthly, Special and Emergency Assessments
must be fixed at a uniform and equal rate for all Condominiums. Monthly
and Special Assessments shall be collected on a monthly basis and
Emergency Assessments shall be paid in full within thirty (30) days from
notice thereof. If a Special Assessment is assessed during a calendar
year in accordance with Section 3 of this Article VI, it shall be
pro-rated over the number of months remaining in the calendar year in
which it is so assessed.
Section
6. Date of Commencement of Assessments; Due Dates. The Regular
Monthly Assessments shall commence on the Initiation Date as to all
Condominiums in the Project, including those owned by Declarant. For
each calendar year commencing January 1 of the year following the
Initiation Date, the Board may increase the amount of the Regular
Monthly Assessment for such year against each Condominium as provided by
Section 2 (b) of this Article only by giving written notice of such
increase to each Owner at least ten (10) days in advance of the
commencement of such calendar year. Monthly and Special Assessments
shall be due and payable in advance on the first day of each month.
Regular Monthly Assessments and Special Assessments shall be due and
payable as required hereby regardless of the lack of any monthly notice
thereof.
Section
7. Maintenance Fund. All assessment charges collected shall be
properly deposited in a commercial bank account in a back to be selected
by the Board, which account shall be clearly designated as "CABRINI
VILLAS HOMEOWNERS ASSOCIATION MAINTENANCE FUND ACCOUNT". The Board
shall have control of said account, and shall be responsible to the
Owners for the maintenance of accurate records thereof at all times.
Section
8. Effect of Nonpayment of Assessments; Lien Rights; Remedies of
Association. Every Owner, including Declarant, shall be deemed to
covenant and agree to pay the assessments provided for in this
Declaration, and further agrees to the enforcement of such assessments
in the manner provided for in this Declaration.
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a) Delinquency. Any
assessment provided for in this Declaration which is not paid
when due shall become delinquent on the date on which such
assessment is due (the "date of delinquency").
Assessments not paid within ten (10) days after the date of
delinquency shall thereafter bear interest at the rate of ten
percent (10%) per annum from the date of delinquency, and the
Board, its attorney or other authorized representative may, at
its option at any time after such ten (10) day period, and in
addition to any other remedies herein or by law or in equity
provided, enforce the obligation to pay assessments in any
manner provided by law or in equity, and without limiting the
generality of the foregoing, by any or all of the following
procedures.
(i) Enforcement
by Suit. The Board may cause a suit at law to be
commenced and maintained in the name of the Association
against any Owner or Owners, or any of them, personally
obligated to pay assessments for such delinquent
assessments as to which they are personally obligated.
Any judgment rendered in any such action shall include
the amount of the delinquency, together with interest
thereon at the rate of ten percent (10%) per annum from
and after the date of delinquency, court cost and
reasonable attorney's fees in such amount as the Court
may award. Suit to recover a money judgment for unpaid
assessments shall be maintainable by the Board, or its
authorized agent, without foreclosing or waiving the
lien hereinafter provided for.
(ii) Enforcement
of Lien. The Board may proceed to record, or cause
to be recorded, a notice of assessment with respect to the Condominium as to which assessments are delinquent as
provided by Section 1356 of the Civil Code of California
as the same may be amended, modified or superseded from
time to time. Such notice of assessment shall be
recorded in the office of the County Recorder of the
county in which such Condominium is located and shall
set forth all assessments which have become delinquent
as of the date of recordation thereof, together with all
costs (including reasonable attorney's fees), and
interest accrued thereon. The notice of assessment shall
also set forth a description of the Condominium with respect to which it is recorded and the name of the
record Owner thereof. The notice of assessment shall be
signed by any officer of the Association, or by any
authorized representative of the Board. Immediately upon
recordation of a notice of assessment pursuant to the
provisions of this paragraph the amounts set forth in
said notice of assessment shall be and become a lien
upon the Condominium described in the notice of
assessment, which lien shall also secure all other
assessments which shall become due and payable with
respect to the Condominium as to which the notice of
assessment was recorded following the date of
recordation of the notice of assessment, together with
all costs (including reasonable attorney's fees), and
interest whether accruing thereon, or accruing on the
delinquent assessments set forth in the notice of
assessment. The lien created may thereafter be
foreclosed (i) by sale of the Condominium as to which
the lien is created by the Board, its attorney, or other
person authorized by the Board to act as trustee for the
purpose of conducting such sale, such sale to be
conducted in accordance with the provisions of Sections
2924, 2924(b) and 2924(c) of the Civil Code of
California applicable to the exercise of powers of sale
in deeds of trust, or (ii) in any other manner which may
be permitted by law. The Board, or its duly authorized
representative, on behalf of the Association shall have
the power to bid on and purchase the Condominium at
foreclosure sale and hold, use, lease, encumber and
convey the same.
b) Curing of
Default. Upon the timely payment, or other satisfaction, of
all delinquent assessments set forth in the notice of assessment
recorded in accordance with this Article VI and all other
assessments which have become due and payable with respect to
the Condominium as to which such notice of assessment was
recorded following the date of such recordation, together with
all costs (including reasonable attorney's fees), and all
interest which has been accrued thereon, the Board shall cause
to be recorded a further notice stating the satisfaction and
release of the lien created by the notice of assessment. A fee
in the amount of $10.00 covering the cost of preparation and
recordation of the notice of release and satisfaction shall be
paid to the Association prior to execution and recordation of
such notice of release and satisfaction by the Board. The notice
of release and satisfaction o the lien created by the notice of
assessment shall be executed by any officer of the Association
or by any authorized representative of the Board. For the
purposes of this paragraph (b) and the provisions of
subparagraph (ii) and paragraph (a) of Section 8 of Article VI
of this declaration, the term "costs" shall include
costs and expenses actually incurred or expended by the
Association in connection with the cost of preparation and
recordation of the notice of assessment and in efforts to
collect the delinquent assessments secured by the lien created
by the notice of assessment, and shall also include a reasonable
sum for attorney's fees actually incurred. c)
Additional Costs Secured by Lien. In the event the lien
created is foreclosed judicially by action in court, reasonable
attorney's fees and court costs as the Court may award, title
search fees, interest at the rate of ten percent (10%) per annum
from the date of delinquency, and all other costs and expenses
shall be allowed to the extent permitted by law. d)
Notice of Creation of Assessment Lien. Notwithstanding
anything contained in this Declaration, no action shall be
brought to foreclose any lien created pursuant to the
recordation of a notice of assessment, whether judicially, by
power of sale, or otherwise, less than ten (10) days after the
date that a copy of the notice of assessment, showing the
recording date thereon, is deposited in the United States mail,
postage and fees prepaid, addressed to each of the Owners of the
Condominiums as to which the notice of assessment relates at the
address provided for by this Declaration for the giving of
notice to an Owner. e) Priority
of Lien. The lien created pursuant to this Declaration upon
the recordation of a notice of assessment shall be prior and
superior to all liens except (i) all taxes, bonds, assessments
and other similar levies which by law would be superior thereto
and (ii) the lien or charge of any Prior Deed of Trust as that
term is hereinafter defined. f) Rights
of Board; Waiver by Owners. Each Owner hereby vests in and
delegates to the Board or its duly authorized representatives
the right and power to bring all actions at law or lien
foreclosures, whether judicially or by power of sale, or
otherwise against any Owner or Owners for the collection of
delinquent assessments in accordance herewith and hereby
expressly waives any objection to the enforcement in accordance
with this Declaration of the obligation to pay assessments as
set forth in this Declaration.
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Section
9. Subordination of Assessment Lien. The
lien for assessments provided for herein in connection with a given
Condominium shall not be subordinate to the lien of any deed of trust or
mortgage except the lien of a deed of trust or mortgage made in
good faith and for value that is of record as an encumbrance against
such given Condominium prior to the recordation of a notice of
assessment against such given Condominium in the manner provided for by
this Article VI, (such deed of trust or mortgage being hereinafter
referred to as a "prior Deed of Trust"). The sale or transfer
of any condominium shall not affect either the assessment lien provided
for herein nor the creation and enforcement thereof in accordance with
this Declaration on account of delinquent assessments whether such
assessments become due prior to, on or after the date of such sale or
transfer, and regardless of whether or to, the Owner of a Condominium as
to which such lien is so created and enforced is personally obligated to
pay any or all of the delinquent assessments as to which such lien is
created; provided, however, that sale or transfer of any Condominium
pursuant to a judicial foreclosure or foreclosure by power of sale of a
Prior Deed of Trust, shall extinguish any assessment lien created
against the Condominium which is the subject of such sale or transfer
pursuant to a judicial foreclosure or foreclosure by power of sale of a
Prior Deed of Trust by the filing of a notice of assessment prior to the
date of such sale or transfer, and shall further prohibit the creation
of any assessment lien against such Condominium on account of payments
which became due prior to the date of such sale or transfer; provided,
however, that the purchaser at such sale shall be subject to all of the
obligations of an Owner with respect to all assessments which become due
after the date of such sale; provided, further, that there shall be a
lien on the condominium of the purchaser at such sale which shall be
created and foreclosed in accordance with this Declaration and which
shall secure all assessments becoming due after the date of such sale.
For the purposes of this Section 9 a sale or transfer of a Condominium
shall occur on the date of recordation of a deed or other instrument of
title conveying record title to the Condominium to the purchaser or
transferee.
Section
10. Declarant's Maintenance Obligations. Form and after the
Initiation Date Declarant shall be obligated to pay to the Association
assessments assessed against all Condominiums owned by Declarant in the
same manner and amount as such assessments are imposed upon Owners of
Condominiums other than Declarant from and after the Initiation Date
provided that such obligation shall terminate as to the Declarant as to Condominiums
sold by Declarant after the Initiation Date upon recordation of the deed
of conveyance with regard there too.
Section
11. Homestead Waiver. Each Owner, to the extend permitted by law,
does hereby wave, to the extent of any liens created pursuant to this
Declaration, whether such liens are now in existence or are created at
any time in the future, the benefit of any homestead or exemption laws
of the State of California now in effect, or in effect from time to time
hereafter.
Section
12. Purpose of Assessments. The assessments levied by the
Association shall be used exclusively for the purpose of promoting the
recreation, health, safety and welfare of the members of the
Association, their guests and invitees, and in particular shall be used
for the purpose of improving, protecting, operating and maintaining the
Common Area and the Recreation Area, together with the facilities,
improvements, landscaping and structures located thereon, and providing
for the acquisition and maintenance of property, services and facilities
devoted to this purpose and directly related to the use and enjoyment of
the Common Area, the Recreation Area and the Units, and Otherwise
providing for the performance by the Board of each and every of the
powers and duties of the Board.
Section
13. Improvement of Recreation Area. At the time of conveyance of Lot
3 of Tract No. 27209 to the Association in accordance with the
provisions of this Declaration, Lot 3 or Tract No. 27209 shall have been
improved by the construction thereon of a recreation center (the
"Recreation Center"), which Recreation Center shall include
tennis courts, clubhouse facilities, parking areas and such other
improvements and facilities as may be provided by Declarant, or shall
not be so improved, in which case completion of the Recreation Center
within eighteen (18) months from and after the date of conveyance of Lot
3 of Tract No. 27209 to the Association shall be bonded by a performance
and completion bond running to the benefit of the Association and its
members.
Section
14. Completion of Recreation Center - Easement and Access Rights. Notwithstanding
anything contained in this Declaration, the By-Laws or the Articles,
expressly or impliedly to the contrary, access to, use and enjoyment of,
and ingress and egress over Lot 3 of Tract No. 27209 by the Owners,
their guests, tenants, designees, servants family members, invitees,
agents, and each of them, together with the construction of any
improvements upon Lot 3 of Tract No. 27209 or the alteration repair or
modification thereof by any such persons, shall be prohibited until
completion of construction of the Recreation Center; provided, however
that the Declarant, its agents, employees and representatives and each
of them, shall have access to Lot 3 of Tract No. 27209 and the right of
ingress and egress thereon and there over for the purpose of
constructing the Recreation Center upon said Lot 3. The cost and expense
of the original construction of the Recreation Center shall be the sole
responsibility of Declarant. For the purposes of this Declaration, the
date of completion of construction of the Recreation Center shall be the
date upon which a Certificate of Occupancy covering the Recreation
Center is issued by the appropriate regulatory agency, or the date upon
which a Notice of Completion covering the entire Recreation Center is
placed of record, whichever first occurs.
Section
15. Recreation Center Maintenance Assessments. Seventeen and 34/100
percent (17.34%) of the Initial Regular Monthly Assessment established
pursuant to Section 2 of this Article VI is attributable to and covers
the maintenance and operation of the Recreation Center. Notwithstanding
anything contained in this Declaration expressly or impliedly to the
contrary, if on the Initiation Date, as that term is defined at Section
2 of this Article VI hereof, of the construction thereon of the
Recreation Center in accordance with the provisions of Section 13 of
this Article VI, the Initiation Date for the purposes of determining the
date of commencement of the portion of the Initial Regular Monthly
Assessment attributable to and covering the maintenance and operation of
the Recreation Center shall be the first day of the month immediately
following the month in which construction of the Recreation Center is
completed (the "Recreation Center Initiation Date"). In the
event of any increase in the Regular Monthly Assessment prior to the
Recreation Center Initiation Date in accordance with the provisions of
this Declaration Seventeen and 34/100 percent (17.34%) of such
increased Regular Monthly Assessment shall be deemed to be
attributable to and cover the maintenance and operation of the
Recreation Center, and the Initiation Date for the purposes of
determining the date of commencement of the obligation to pay the
portion of the increased Regular Monthly Assessment attributable to and
covering the maintenance and operation of the Recreation Center shall be
the Recreation Center Initiation Date. No Special Assessment for capital
improvements may be levied or imposed in connection with the Recreation
Center until after the Recreation Center Initiation Date. Pursuant to
the provisions of this Section 15 the Initial Regular Monthly Assessment
prior to the Recreation Center Initiation Date shall be $33.96 per month
per condominium, and thereafter the Initial Regular Monthly Assessment
shall be $39.85 per month per condominium, such amounts to be subject to
increase in accordance with the provisions of Section 2 of this Article
VI, such right to increase such amount being subject to the limitations
set forth in this Section 15.
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