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Declaration
of Establishment of Covenants, Conditions and Restrictions
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LA
VETA MONTEREY CONDOMINIUM ASSOCIATION
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Phase
1, Parcel 1 of Parcel Map No. 79-756
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City of Orange, County of Orange
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ARTICLE
VIII
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General Provisions
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Section 1. Owner Key Deposit For Emergency
Repair
The
Board shall have authority to designate one or more qualified
repairmen or other persons, to enter on and within any
individual unit, with or without the presence of the owner
or occupant thereof, for the purpose of making emergency
repairs therein or for necessary maintenance or repair
of portions of the Common Area, or to abate any nuisance
being conducted or maintained in said unit, in order to
protect the property rights and best interests of the
remaining owners. To facilitate this paragraph, all owners
shall deposit with the property manager, or his nominee,
a key to their units. |
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Section 2. Continuing Liability for Assessments
No
owner may exempt himself from liability for his specified
contribution to the maintenance fund by waiver of the
use or enjoyment of the Common Area or by abandonment
of his unit. |
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Section 3. No Racial Restrictions
No
owner shall execute or file of record any instrument which
imposes a restriction of the sale, lease or occupancy
of his unit on the basis of race, color, creed or sex.
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Section 4. Books and Records of the Association
The
membership, books of account, minutes of meetings of members,
of the Board and of committees of the Board, shall be
made available for inspection and copying by any member
of the Association or by his duly appointed representative
at any reasonable time and for a purpose reasonably related
to his interest as a member, at the office of the Association.
The Board shall establish reasonable rules with respect
to:
(a)
notice to be given the custodian of records by the member
desiring to make the inspection;
(b) hours and days of the week when such inspection
may be made; and
(c) payment of costs for reproducing documents required
by a member.
Every
director shall have the absolute right, at any reasonable
time, to inspect the books, records and documents of the
Association and the physical properties owned or controlled
by the Association. The right of inspection by a director
included the right to make extracts and copies of documents.
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Section 5. Taxes
Each
owner shall pay any real and personal property taxes separately
assessed against his unit and all utility charges separately
metered or charged against his unit, and such payment
shall be made by each owner in addition to and separately
from assessments otherwise payable to the Association
by such owner. |
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Section 6. Enforcement of Declaration and By-Laws
The
owners or any one of them, or any member of the Board,
or the Board acting on behalf of the owners, or the jurisdiction
in which the project is located, shall be entitled to
bring legal action for damages against any condominium
owner who shall default in the performance of any of the
provisions hereof, the By-laws or rules and regulations
adopted by the Board for the protection of the project,
including but not limited to, the covenant to pay assessment
charges. Further, said persons shall be entitled to enjoin
any violation of said documents, rules and regulations
and shall be entitled to prosecute any other legal or
equitable action that may be necessary to protect the
project. If any owner, member of the Board or the Board
shall deem it necessary to initiate any legal or equitable
action for the protection of the project against any owner,
then said persons shall be entitled to reasonable attorney's
fees and costs of said action from said owner for expenses
incurred in bringing or initiating the action. Any judgment
rendered against any such defaulting owner shall include
costs of said action, together with reasonable attorney's
fees in an amount to be fixed by the court. Notwithstanding
the foregoing, there shall be no purported power in the
Association to cause a forfeiture or abridgment of an
owner's rights to the full use and enjoyment of his individually
owned condominium because of a failure by an owner to
comply with the provisions of the Declaration, By-laws
or duly enacted rules of operation for the Common Area
and facilities, except where the loss or forfeiture is
the result of the judgment of a court or a decision arising
out of arbitration or because of a foreclosure sale under
a power of sale for failure of the owner to pay assessments
levied by the Association. |
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Section 7. Liberal Interpretation of Declaration
The
provisions of this Declaration shall be liberally construed
to effectuate its purpose of creating a uniform plan for
the operation of the project for the mutual benefit of
all owners. |
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Section 8. Severability of Provisions
The
provisions herein shall be deemed independent and severable
and the invalidity or partial invalidity or unenforceability
of any of the provisions herein, shall not affect the
validity of the remaining provisions. |
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Section 9. Cumulative Remedies
Each
and all legal or equitable remedies provided for herein,
shall be deemed to be cumulative, whether so expressly
provided for or not. |
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Section 10. Successors and Assigns
This
Declaration shall be binding on and shall inure to the
benefit of the heirs, personal representatives, successors
and assigns of Declarant, and the heirs, personal representatives,
grantees, lessees and assignees of the owners. |
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Section 11. Waiver or Breach of Declaration
No
waiver or any breach of any of the covenants or conditions
herein contained shall constitute a waiver of any succeeding
or preceding breach of the same or any other covenant
or condition contained herein. |
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Section 12. Joint and Several Liability
In
the case of joint ownership of a unit, the liability of
each of the owners thereof in connection with the liabilities
and obligations of owners set forth in or imposed by this
Declaration, shall be joint and several. |
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Section 13. Delivery of Notices and Documents
Any
written notice or other document required by this Declaration,
may be delivered personally or my mail. If by mail, such
notice shall be deemed to be delivered and received, unless
expressly provided for herein or in the By-laws to the
contrary as to the type of notice being given, forty-eight
(48) hours after a copy thereof has been deposited in
the United States mail, postage prepaid, addressed as
follows:
(a)
if to an owner, other than Declarant, to the address
of any unit in the project owned by him in whole or
in part, or to the address last furnished to the Board
by the owner. Each owner, other than Declarant, shall,
promptly upon his becoming an owner, file his address
in writing with the Board for the purpose of receiving
notice, and shall promptly notify the Board in writing
of any subsequent change of address;
(b) if to Declarant, whether in Declarant's capacity
as an owner or in any other capacity; 400 North Central
Avenue, Glendale, California;
(c) prior to the organizational meeting, notices to
the Board shall be addressed as set forth in (b) above
and thereafter, addressed to the Secretary of the Association.
The
Board shall cause the address of the Secretary of the
Association to be posted in a conspicuous place. Further,
from and after the organizational meeting, notice of the
address of the Secretary of the Association shall be given
to each owner within a reasonable time after the Board
has received actual notice of the owner's purchase of
a condominium. |
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Section 14. Notification of Sale of Condominium
Concurrently
with the consummation of the sale of any unit under circumstances
whereby the transferee become an owner thereof, or within
five (5) business days thereafter, the transferee shall
notify the Board in writing of such sale. Such notification
shall set forth:
(a)
the name of the transferee and his transferor;
(b) the street address or unit number of the condominium
purchased by the transferee;
(c) the transferee's mailing address; and
(d) the date of sale.
Prior
to receipt of such notice any and all communications required
or permitted to be given by Declarant, the Board, the
Architectural Committee or any agent or representative
thereof, shall be deemed to be duly made and given to
the transferee if duly and timely made and given to said
transferee's transferor. |
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