Phase 1, Parcel 1 of Parcel Map No. 79-756
City of Orange, County of Orange
State of California
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.