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HomeMy WebLinkAboutCP 86; E CAZADERO DR BTWN CORINTIA ST & ABEHORRO ST; Condo Permit (CP)/ - r,c- - -re- - W -- Date )Weived MNOR CONDOMINIUM PERMIT (Four or less units) CITY OF CARLSBAD /2 (PLEASE PRINT) - 1) REQUEST: Minor Condominium Permit for units. 2) LOCATION: The subject property is-generally located on the side of between and - 3) ASSESSOR'S NUMBER: Book Page Parcel -S - Book Page Parcel (If more, please list on bottom of page). 4) OWNER (S) OR PRINCIPLE OF CORP. RI-tot\ic~s - 6Jb k\ lM AVE .J3$ C2 9 3 727- Name Address Zip Phone 5) Person responsible for preparation-of plan: 0 ~rpp. Name Address u. 6) Registration of License No: APPLICANT'S SIGNATURE:* I hereby declare that all information contained within this application is true; and that all standard conditions as indicated on the attach- ment have been read, understood and agreed to. • Name Address - Zip Phone c:\ 1 *NOTE: If the applicant is an agent to the property owner, a signed and notarized letter authorizing the applicant to represent the property owner must be submitted with the application. The City of Carlsbad's Planning Department would appreciate the opportunity to work with the applicant throughout the Planning stages of the proposed development. In an effort to aid the applicant, the Planning Dpartment requests that it be given an opportunity to evaluate and discuss the application and plans prior to submittal. This request is not a requirement; however, it may avoid major redrafting or revision of the plan which only serves to lengthen the processing time. ATTACHMENTS: Supplemental Information Form - Planning 20 - Standard Conditions - Planning 27 Preparation Check List - Planning 32. Procedures - Planning 38 FORM PLANNING 14 - February 1, 1979 - V V If after the information you have submitted has been reviewed, it is determ.i.ied that further information is required, you will be so advised. APPLICANT:• *c Name (individual, partnership, joint venture, corporation, syndication) qcp~• MI MA , V, Business Address 727> • Telephone Number AGENT: Name K ss Address Telephone Number MEMBERS: Name (individual, partner, joint venture, corporation, syndication) Home Address Business Address Telephone Number Name Business Address Telephone Number Telephone Number Home Address Telephone Number (Attach more sheets if necessary) 7we declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. • • • A,.cant • BY Agent, Owner, Partner APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all applicants are required to complete this disclosure form at the time of submitting their application. When this form has been completed and signed, the information will be relied upon by them in determining if a cbnflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual, or a partnership (either general or limited) or a joiiit venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial. interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a privately held corporation (10 share- holders or less) or a real estate syndication, then please state the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syndicate address; and the full names and addresses of each individual shareholder or syndicate member. Should the corporation be a publically held corporation, then state the full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you fe1 that additional information needs to be provided in order to provide a full disclosure, please include it. SUPPLEMENTAL INFORMATION FORM SPECIFIC PLAN/MASTER PLAN/TENTATIVE SUBDIVISION MAP/SPECIAL USE PERMIT/ PUD/ CONDOMINIUM, PERMIT/PRECISE DEVELOPMENT PLAN/SITE DEVELOPMENT PLAN. 1) Gross Acres (or square footage if less than acre) 1O1Q EQftT 2) Number of Lots or Units TV 3) Type of Development Residential, Commercial, Industrial 4) Present Zone Proposed Zone (If change requested) 5) General Plan Land Use Designation . 6) Source of water supply Qa 2 n) /'IL*4C{1sU. V1t2?_D1GT 7) Method of sewage disposal LB1IQ(A... Q!L-WTY VV/t1r2.. Q1r.JCT 8) Types of Protective Covenants to be recorded 9) Transportation modes available to service the development L C,-As, 10). School District(s) serving the property If your project is for or anticipates being for more than 50 res- idential units do you prefer to dedicate land 1 pay fees'' or a combination thereof 12) Methods proposed to reduce sound levels JAgy P\ML 7b OIV Thb 13)' Methods proposed to conserve energy Pjq Additional sheets may be attached if necessary to answer any of the above questions. FORM PLANNING 20 - February 1, 1979 STANDARD ONDITIONS 'U CITY OF RLSBAD . LI) SPECIFIC PLAN/CONDITIONAL USE PERMIT! VARIANCE/PLA!NED UNIT DEVELOPMENT! SITE DEVELOPMENT PLAN/SPECIAL USE PERMIT CODOrAINIUM PERcUT/PRECISE DEVELCPjiENT PLAN Development shall meet all requirements of the subdivision, zoning and building codes, laws, ordinances or regulations of the City of Carlsbad, and other governmental agencies. Some of the more pertinent requirements and procedures of the City are listed below for your in- formation and concurrence. Please read this list carefully and feel free to ask for further information or explanation. 1) All conditions for Conditional Use Permit, Variance, Planned Unit Development and Special Use Permit shall be completed and the project commenced within 18 months from final City action, unless otherwise stated as part of the approval. There is no -time limitations for Specific Plans unless required as part of the approval. 2) Development shall substantially conform to the approved plan. 3) All public improvements shall be made in conformity with City Standards, to the satisfaction of the City Engineer, without cost to the City of Carlsbad and free of all liens and encumbrances. 4) Prior to any construction, the applicant shall submit plans to the appropriate entity providing domestic water to the proposed development, for its approval of the location, type and adequacy of water lines. 5) * Prior to any construction, the applicant shall obtain approval from the City Fire Department of the location and size of fire hydrants. 6) The applicant shall install all required fire hydrants and dry-stand pipes prior to framing construction, and said fire appurtenances shall be functional prior to commencing such work. 7) Street trees, as required by the City, shall be installed by the applicant at applicant's expense. Trees shall be of a type .approved by the Parks Department and shall be installed to their specifications. If removal of any existing trees is required by the City, said removal shall be at the applicant's expense. It shall be the responsibility of the applicant to make all arrangements with the Parks Department concerning the require- ments of this condition. • 8) A detailed grading plan which includes proposed drainage and ero.sion control landscaping or other measures such as • desilting basins shall be approved by the City Engineer. ) Immediately after grading, erosion control landscaping and/or other measures such as desilting basins shall be installed. This control may be the final landscaping if so approved. 10) A detailed landscape and sprinkler plan shall be submitted for Planning Director's approval for all graded slopes 5' or greater in height and any other areas required by law. 11) Prior to final building inspection clearance, all landscap- ing and irrigation systems shall be installed or adequate bonding accepted. Said.landscaping shall be maintained in amanner acceptable to the Planning Director. 12) No signs or advertising of any type whatsoever shall be erected or installed until plans thereof have been approved by 'the City of Carlsbad. As part of the approval process, the City may modify these conditions or add others, especially those of a more specific nature. The applicant will be notified of these modifications or additions by Resolution. Form Planning 27 /Date of Planning Commission Approval S S PREPARATION CHECK LIST CONDITIONAL USE PERMIT/VARIANCE PLANNED UNIT DEVELOPMENT/SITE DEVELOPMENT PLAN CONDOMINIUM PERMIT/SPECIAL USE PERMIT A. Documents Required for Submittal: .1) Application with supplemental sheet completed. 2) Standard condition list, 3) Photostatic copy of deed with complete legal description of subject property or other form of description acceptable to the Planning Director. 4) Thirteen (13) blueline prints of the plan for all applications except a PUD which requires 18 prints, Minor Condo permits which require 3, and Major Condo permits which require 18. Maps must be folded in a size not to exceed 8½ x 11. REQUIRED PLANS ARE AS FOLLOWS: CUP and Variance: Site Plan* PUD: Site Plan*, building elevations, landscape plan, cross section of proposed grading. SDP: Site Plan*, building elevations. CONDO PERMIT: Site Plan*& building elevations, landscaping plans. SUP: Site Plan*, grading plan. *Site Plan as a minimum shall contain all property lines, building locations with horizontal dimensions, driveways, and parking stalls with dimensions, location and dimensions of landscaping. 5) Environmental Impact Assessment or Report with fees (if required) 6) Fee: Conditional Use Permit, Variance, and Special Use Permit - $50.00. Planned Unit Development - $50.00 + $1.00 per unit. Amendments for PUD's - $50.00 + $1.00 per unit within area being amended. Site Development Plan - $25.00 Condominium Permit - $50.00 + $1.00 per unit within area being amended. 7) 300 Foot Radius Map - (Not needed for Site Development Plan, Special Use Permit and Minor Condominium Permit). A map to scale not less than l"= 200' showing each lot within 300 feet of the exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. 8) Property Owners and Occupants List: Two copies of a typewritten list of self-adhesive (Avery) labels of the names and addresses of all persons owning property (as shownon the latest equalized assessment roll) and persons in possession, if different, within a 300' radius of the exterior boundaries of the subject property. The latest equalized assessment roll is available in the Office of the Assessor of San Diego, 1600 Pacific Highway, Room 103, San Diego, California; telephone 236-3771. Conversion to Condominiums: In addition to the above property owners list, the application shall include a list (prepared as above) of names and addresses of all tenants of the units to be converted to condominiums. 9) Disclosure Statement. FORM 32 PLANNING Page One - --- - - -... - 10) A written statement by the City Engineer that he finds there is adequate sewer capacity available for the proposed use at he site or that he finds that the proposed use and site can be adequately served by alternative City approved onsite sewer system. Applicant, please note, this determination must be done prior to submitting application and it may require preparation on your part to provide sufficient evidence to the City Engineer. It is suggested you make early contact with the Engineering Department for such determination. 11) For residential projects within Vista, San Marcos, Encinitas or San Dieguito School Districts, the applicant shall indicate whether be prefers to dedicate land for school facilities, to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, he shall suggest the specific land. For residential projects within the Carlsbad Unified School District, the applicant shall submit written confirmation that school facilities will be available and serve the project at time of need. B. Drafting of Plan: 1) Sheets to be 24"x36" with 1" border (standard "D" size). 2) Scale to indicate: 1" = 10' is generally sufficient; however, the scale is to he appropriate for-sheet size. 3) North arrow oriented to top or left side of sheet. 4-) Lettering must be legible. It is preferred that it be drawn by mechanical means, in ink, and heavy upper case. 5) Location map showing the distances to the center line of the nearest intersection. 6) Title block with name and address of applicant and drafter, - and pertinent information such as uses, total acreage and date prepared. C. Information on Plan 1) Proposed and existing structures: • a) Proposed use of all structures (in general land use terms). -b) Building dimensions, setbacks and distances between buildings.. c) Type of construction proposed. d Identification of fire rated walls and fire sprinkler systems. • e Height and number of stories. f) Gross floor area- per structure. - -gi Proposed changes and additions to existing building-s. 21 Existing and proposed right-of-way, public and/or private: al Distance from property line to center line of right-of-way. b) Widths of right-of-way. c)• Location of existing and proposed sidewalks and curbcuts. dl Easements - type and location. 31 parking: A) Location, size and numbered consecutively. b) Identification of loading zones. ci. Dimensions of driveways. - 41 Landscaping: - a-) Existing and proposed trees in the public right-of-way. b) A schedule showing types, size and location of all plant, materials proposed on site. c) Indicate a permanent watering system for all landscaping areas by showing the location of water lines. FORM 32 PLANNING Page Two ) :J 5) Refuse pickup areas (not required for detached housing projects). 6) Signs: Size, location and height of existing and proposed signs. 7) Lot lines and dimensions. 8) Location of watercourse or areas subject to flood. 9) Location of proposed storm drains or other means of drainage (grade and size). 10) Topographic contours at two-feet intervals, with indication of manufactured slope. 11) Cross section of proposed grading. Existing contours and proposed graded contours for all grades of 4:1 or greater shall be shown. • 12) Delineation of development phasing. D. Miscellaneous Information for Planned Unit Development and Condominium Permit Applications. 1) Document explaining who shall be responsible for maintaining open common areas and how maintenance is to be performed. -2) Document explaining special development standards requested. • For custom home Planned Unit Development all development • standards listed in Section 21.45.120 shall be included. 3) Elevation of proposed buildings (not required for custom home PUD'S). FORM 32 PLANNING Page Three • Required for Condo per' - (Section 21.47) Major Condo Permit/Tentative Tract: (5 or more units). 18 copies showing all information listed below, except that only 3 copies of the landscape and irrigation plans are required. If tract and condominium plans are separate,--18 copies of each are required. Minor Condo Permit: (4 or fewer. permits). 3 copies showing all information listed below. In addition, the Engineering Department reuqires 7 copies of the tentative parcel map. Site Plan . a) Location of Buildings.and property lines. b) Location of storage for each unit and size of area in cubic feet. . c) Location of laundry facilities. :- d) Location and construction of refuse collection - facilities. . . . . e) Location of all utility meters (gas, water and electric) and a note on the plan indicating that each unit has separate meters. Parking P lan Show all parking spaces, as well as the dimensions of spaces, back-up areas, driveways and garages. Recreation Plan Show location and size of all recreation areas. Include picnic tables, pools, spas, bar-b--ques, children's' 1'r play' areas, etc. Landscape and Irrig atio n Plan a) Location of all landscaping indicating type and size of plants to be installed. Check street tree list if street will be installed. b) Location, sizes, dimensions of sprinkler heads and staking, backflow preventer, pipes, water meters, controls. . Building Elevations Show the elevations and include a description of building and materials. KJL:ddd 10/31/79 FORM 32A PROCEDURES (Minor Condominium Permit - Four or less units) 1) Application to Planning Director: In an effort to aid the applicant, the Planning Department requests that it be given an opportunity to evaluate and discuss the application-.in its various stages of development prior to submittal. It is more effective if applicant meets directly with staff; however, written or telephone communication is acceptable. It is the responsibility of the applicant to make the initial contact for such meeting. 2) Submittal: Application will be accepted only if the application, plans and other pertinent materials are included. 3) Application Review: After accepting the application staff will review to ascertain if further information is necessary. Staff will attempt to conclude this review within one week, but in no case shall the review period be longer than 30 days from receipt of. application. 4) Notice: Upon completion of the application review, the applicant will be informed by letter if further information is required if any. 5) Staff Review: Staff prepares a report for the Planning Director for approval, denial or approval with conditions. 6) Appeals: Action by the Planning Director may be appealed to the • City Council, provided such appeal is filed within ten (10) days after the Planning Director's action. 7). Final Decision: The City will notify the applicant and property owner of the final decision. FORM:. PLANNING 38 - February 1, 1979 S / When recorded mao: 0 Rhonda Clendenin / 908 MimDsa Avenue I Vista, Ca 92083 754464-15 ADDITIONAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This Declaration is made this day of 1977, by hereinafter referred to as "Declarant". W I T N E S S E T H WHEREAS, Declarant is the owner of that certain real property in the City of Carlsbad, County of San Diego, State of California, described as: which is hereafter referred to as the "Project" and WHEREAS, Declarant has filed a plan with respect to the Project in the office of the County Recorder of San Diego County, in accor- dance with Section 1351 of .the Civil Code, which said plan is here- inafter referred to as the "Condcuninium Plan", and WHEREAS, Declarant is about to sell and convey separate and tenant in common interests in the Projects, and before selling and conveying any of such interests, desires to subject all of said Project to certain restrictions for the protection and benefit of Declarant and all S / S future owners of such interests in the Project NC, THEREFORE, Declarant hereby makes the following declaration as to diviion, easements, rights, liens, charges, covenants, restrictions, limitations,, conditions and uses to which the Project may be pit, hereby speci- fying that such declaration shall constitute covenants to run with the land and shall be binding on Declarant, Declarant' s successors and assigns, and all subsequent owners of all or any portion of the Project together with their grantees, lessees, successors, heirs, executors, administrators, devisees or assigns. n1ri'ThTTmTnN1 Section 1.1 "Condominium", in the context of this Declaration, means an estate in real property consfLsting of an undivided interest in colTrron in the real property constituting, the Project, together with a separate in- terest in space in a residential building situated on such real property, and in other portions of the real MWERMIN Section 1.2 "Unit" means the aggregate of the vari- ous elements which constitute the separate interest in space of each Owner of a Condorniniun as shown and designated as such on the Condominium Plan. The elements of the respective Units are living unit and garage. Section 1.3 "Coimn Area" shall mean the Corrraon Area as identified on the Condominium Plan and without limiting the generality of the foregoing includes, of any building schematically or otherwise shown on the plan, the following: The stairs, bearing walls, columns, / S 0 floors, ceilings, roofs and foundation, reservoirs, chutes, conduits, wires and other. utility instàllation., wherever located, except the butlets thereof when loca- ted within a Unit. Section 1.4 "Exclusive Use Area" shall mean and refer to those portions of the Corm'on Area Designated as such on the Condominium Plan and shall consist of: Grounds Areas and Patio Areas Section 1.5 "Board" shall mean and refer to the management Jxxly of the Condominium. Section 1.6 "Owner" means the owner of record of fee simple title to any condominium, including contract sellers but excluding those holding such interest merely as security for the performance of an obligation. INTEREST IN COM'ON AREA Section 2.1 The undivided interest in the Coirtwn Area hereby established and which shall be conveyed with an Owner's Unit is one-half (1/2). The undivided interest establislked and to be trans_ f erred with each such Unit cannot be dinished and De- clarant and his successors and asigns covenant that the undivided interests in the Common Area and the Fee title to the respective Units transferred therewith, shall not be separated or separately conveyed, and each such undi- vided interest shall be deemed to be transferred, or en- cumbered with its respective Unit even t1ugh the descrip- tion and the instrurruent of transfer or encumbrance may re- fer only to the title to the Unit! S Section 2.2 The proportionate shares of the respective Owners of condominiums in the' expenses of the Common Area (including the establishment of such reserves for replacement and repair as the Board deans appropriate) shall be one-half (½) thereof to each Unit. Section 2.3 The beneficial, interest in personal property acguirad by the Board shall be owned by the Owners in the same proportion as their respective interests in the Common Area. A transfer or conveyance (by operation of law or otherwise) of a condominium shall transfer 'to the transferee ownership tä: th trans- feror 's beneficial interest in such personal property. The transfer of such personal property by the Board shall transfer title there- to free and clear of any claim on the part of any Owner. Except as set forth in this section, the beneficial interest of any Owner in such personal property shall nôt be transferable. Section 2.4 Control of the Common Area will be transferred by the Declarant to the Owners at an organizational meeting of the members of the Board, which meeting shall be held no later than six (6) ironths after consummation of the sale of the first condominium in the Project. At such meeting or as soon thereafter as practicable, Declarant shall surrender to the first elected officers of the Board such books, records, contracts, and other documents of the Board as may then exist. Section 2.5 Each Exclusive Use Area shall be appurtenant to a Condominium. The right to use an Exiusive Use Area shall be exercisable only by the Owner(s) of the Condominium appurtenant thereto and/or said Owner's -4- licensee(s). Conveyance of a Condominium shall effect conveyance of Exclusive Use Areas appurtenant thereto and transfer of all rights thefeto to the vested owner of the Condominium. Any license(s) thereto shall be terminated upon such conveyance. NO Exclusive Use Area or any rights thereto (other than said revokable licenses) shall be transferred or conveyed apart from conveyance of the Condominium to which it is appurtenant. Each Ex- clusive Use Area shall be deemed to be Ccnnon Area for all those purposes set forth in this Declaration which are not inconsistent with this paragraph or the para- graphs herein entitled "USE OF UNITS AND CONMJN AREAS" and "RESPONSIBILITY OF OWNERS". MAN IN: USE OF UNITS AND CONflN AREA Section 3.1 Each Unit shall be improved, used and occupied for single-family dwelling purposes only, except that a sales office may be maintained by Declarant in any of the Units until sales of all condominiums have been consurmated. Section 3.2 A garage cannot be conveyed, transferred or encumbered by an Owner apart from the Unit of which the space is an element. In accordance with Sec- tion 1352 of the Civil Code, a conveyance or encumbrance which refers only to a Unit by number shall be deemed to transfer or encumber the entire Condominium of the trans- feror. -5- S Section 3.3 No part of any Unit shall be occupied or used for any purpose or in any manner which shall cause the Project to be uninsuràble against loss, by fire or the perils of the extended coverage endorsent to the Cali- fornia Standard Fire Policy Form, or cause any policy or policies representing such insurance to be cancelled or suspended or the company issuing the same to refuse re- newal thereof. Section 3.4 No mare than two (2) domesticated household pets may be kept by an Owner in his Unit, provided that such pets shall not be allowed on the Canion Area ex- cept in accordance with such rules and regulations as may be adopted by the Board. Caged birds or fish in a house- bold aquarium may be kept and maintained in an Owner's Unit, provided the same shall not in the opinion of the Board create an unreasonable annoyance or nuisance to the Owners of the other Units. Section 3.5 No Unit shall be used in any manner as to obstruct or interfere with the enjoyment of occupants of other Units or annoy then by unreasonable noises or otherwise, nor shall any nuisance, or irrrroral or illegal activity be corrmitted or permitted to occur on or about any Unit. Section 3.6 No sign of any nature, except as pro- vided in Section 712 of the Civil Code, shall be displayed to the public view on or from any condominium without the prior written approval of the Board as to size, shape, color and content; however, Declarant may place reasonable signs upon the project in connection with the sale, transfer or 0 S . S rental of the condominiums owned by it or in which it has a security interest. Section 3.7 Each Owner shall have the right to place furniture and potted plants upon any balcony or patio constituting part of his Unit, subject to the approval of the Board. However, no Owner shall have the right to paint or stain any exterior surface of his Unit or erect any fence, screen or wall without the written consent of the Rancho La Costa Architectural Carmndttee; provided, however, each Owner nay alter the landscaping of his Exclusive Use Area without the consent of the Board. Section 3.8 No unsightly objects, poles or wire shall be permitted on the roof of any building. Section 3.9 Nothing shall be done in any Unit or in, on, or to the Camon Area which will inpafr the structural integrity of the buildings, or which would structurally change the buildings. Nothing shall be altered or constructed in or rroved from the Comrron Area, except upon the written consent of the Board. All equipment and garbage cans shall be kept concealed from view of neighboring Units, streets and Connon Area. All rubbish, trash or garbage shall be regularly removed from each Unit and shall not be allowed to accumulate thereon or on the adjacent Common Area. No ex--- terior clothes lines shall be erected 'or maintained and there shall be no outside drying or laundering of clothes on balconies, or any part of the -7- / . Common Area. Section 3.10 No power equipnent, hobby shops, or carpenter shops shall be maintained on the Project except with the prior written approval of the Board. No auto- mobile overhaul or maintenance work, other than emergency work, shall be 'permitted in the garages or elsewhere on the Project. Section 3.11 The Camon Area shall be used only for the following purposes: (1) Affording vehicular passage to the garages and pedestrain movement within the Project, including access to the Units. (2) Recreational use by the Owners and occupants of Units and their guests, subject to rules established by the Board. (3) Beautification of the Common Area and providing privacy to the residents thereof through landscaping and such other means as the Board shall deem appropriate. (4) No part of the Corriron Area shall be obstructed so as to interfere with its use for the purposes hereinabove permitted, nor shall any part of the Cam-on Area be used for storage purposes (except for storage of main- tenance equipTent used exclusively to maintain the Common Area), or in any manner which shall increase the rate at which insurance against loss by fire or the perils of the extended coverage endorsement to the California Standard Fire Policy Form, or bodily injury or property nje n-9uance, coyèin9 the C!ion Area and irtprovernents situated thereon may be obtained or cause said premises to be uninsur- able against such risks, or any policy or poli- cies representing such insurance to be cancelled or suspended or the corrany insuring the same to refuse renewal thereof. Section 3.12 No owner shall make any alteration or inprovemant to the Cam-on Area, or remove any planting, structure, furnishing or other object therefrom except with the written consent of the Board. Section 3.13 Each Owner shall be legally liable to the Association for all damages to the Common Area or to any iriproverrent thereof or thereto, including but not limited to the buildings and landscaping, caused by such Owner, or any occupant of such Owner's Unit. ARTICLE rv Section 4.1 The Board shall consist of all the Own- ers of Condominiums in the Sondominium Property. The Board shall constitute an unincorporated homeowners association and be the "management body" as that term is used in Cali- fornia Civil Code Section 1355(a), as the same may from time to time be amended. The Board shall possess and be vested with the rights, powers and dutes hereinafter set forth. Section 4.2 Until such time as the initial meeting of Owners is held as hereinafter set forth in ARTICLE IS!, the Declarant shall constitute the initial Board; there- after a-i of the Owners shall constitute the Board. The 0.'I 0 Declarant, as the Board, shall inanange the Condominium Property as provided in this Declaration only until the first annual meeting of Ovme3rs is held. Section 4.3 Two votes shall constitute a quorum for the transaction of business. One vote will be attri- butable to each of the two Condominiums and one vote shall be attributable to the third Board member referred to in ARTICLE VI. The vote of the voting power of two Board members present at any meting of the Board shall constitute the decision of the Board as to the question voted upon. Section 4.4 Any action permitted to be taken by the Board after a Board meeting may be taken without a meeting of the Owners if all the then-existing Owners shall consent in writing to such action. Section 4.5 Should a Condominium be in co-ownership, the co-owners shall not divide their vote. POWERS AS MANAGEMENT BOARD Section 5.1 The Board has and shall have the follow- ing powers: Section 5.2 To elect from among its member a Chair- man, Secretary and such other officers as its members may determine, to fix their respective powers and duties, and to establish rules and regulations not inconsistent here- with relating to notices of Board meetings and other matters relating to the conduct of Board meetings. Any two offices except those of Chairman and Secretary may be combined. Section 5.3 To adopt bylaws and/or rules not in- consistent with the provisions of this Declaration, S . including but not limited to rules and regulations relat- ing to the use of, and activity in, the Carrmon Area. Section 5.4 To maintain bank account(s) for funds coming under control of the Board. Section 5.5 To levy assessments and otherwise act as set forth in the article hereof entitled "ASSESSMENTS". Section 5.6 To enforce the provisions of this De- claration; provided, however, that nothing contained here- in shall be construed to prohibit enforcement of this De- claration by any Owner as an individual. Section 5.7 To contract for and maintain liability, workmen's conpensation, and other insurance adequately in- suring Owners, and bonds of Owners, or some of them, and other persons. Each Owner shall obtain and maintain fire and liability insurance covering his Condominium. The amount of fire insurance coverage shall be not less than the full replacement value of the Owner's Condominium; the amount of liability insurance shall be not less than $100,000. for each accident or occurrence. Section 5.8 To contract, provide and pay for (i) maintenance, utility, gardening, janitorial and other services benefiting the Ccxrrron Area, (ii) employrrent of persons necessary for operation of any building and (iii) legal and accounting services. Section 5.9 To contract and purchase tools, equipment, materials, supplies and other personal property and services for maintenance and repair of the Conirron Area. Section 5.10 To contract for and pay for reconstruc- tion of any portion or portions of the Camion Area damaged or destroyed; provided, however, that no single capital 'S 0 expenditure in excess of $1,000. shall be made by the Board without the vote or written assent of the unanimous voting power of the Board or the decision to do so made pursuant to a procedure referred to in ARTICLE VI Section 6.14 below. Section 5.11 To enter at all reasonable times, by it or its agents or independent contractors, any Living Unit and Exclusive Use Area when necessary in connection with maintenance or construction as to which the Board has rights hereunder. Section 5.12 To pay taxes which would be a lien upon the entire Condominium Property or the Common Area, and to pay and discharge any lien or encumbrance levied against the entire Condominium Property or the Common Area. Section 5.13 To dispose by sale or otherwise of lawn or patio furniture, maintenance equipment or other property acquired by the Board. Section 5.14 To delegate to others its powers or any of them. Section 5.15 To prosecute or defend, under the name of the Board, any action affecting or relating to the Com- mon Area or any action in which all of the Owners have an interest in the subject of the action or in whom any right to relief in respect to or arising out of the same trans- actions or series of transactions is alleged to exist. Section 5.16 To contract, provide and pay for all water, sewer, garbage and trash removal, electical, tele- phone, gas and other utility services for the Carmon Area, and, to the extent not separately metered or charged, for each Living Unit. Section 5.17 Anything in this Section to the contrary 1 • "S notwithstanding, the Declarant as the initial management body may not enter into any contract binding for a tern longer than one year from theeffective date thereof un- less such contract contains reasonable provisions for the termination thereof by said initial management body or a successor management body or unless such contract for a longer term is apprived by the unanimous vote or written consent of the successor management body. ARTICLE VI MEETING OF OWNERS Section 6.1 All meetings of Owners shall be held at the Condominium Property, or at such other location in San Diego County, California, in reasonable proximity to the Condominium Property as may be designated in the notice of meeting. Section 6.2 The first meeting Owners shall be held within six (6) months after sale and conveyance of the first Condominium. Subsequent annual meetings shall be held on each anniversary date of the first meeting; provided, however, that should said day fall upon a legal holiday, then any such annual meeting of Owners shall be held at the same time and place on the next day thereafter ensuing which is not a legal holiday. Section 6.3 Written notice of each such annual meet- ing shall be given to each Owner either personally br by sending a copy of the notice through the mail or by tele- graph, charges therefore prepaid, to his address appearing on the books of the Board or supplied by him to the Board for the purpose of notice. If an Owner supplies no ad- dress, notice shall be deemed to have been given him if . / . mailed to the address of the Condominium owned by him or published at least once in sate newspaper of general circu- lation in the County of San Dieo, California. All such notices shall be sent to each Owner not less than ten (10) days and not more than sixty (60) days before each annual meeting, and shall specify the palce, the day and the hour of such meeting. Section 6.4 Special meetings of Owners for any purpose or purposes whatsoever, may be called at any time by any two non-voting Board members or any voting Board member. Except in special cases where other express provision is made by statute, notice of such special meet- ing shall be given in the same manner as for annual meet- ings of Owners. Notices of any special meeting shall specify in addition to the palce, day and hour of such meeting, the general nature of the business to be trans- acted. Section 6.5 Any Owner's meeting, annual or special, whether or not a quorum is present, may be adjourned from time to time by the vote of the voting member Owners pre- sent in person or represented by proxy, but in the absence of a quorum, no other business may be transacted at such meeting. Section 6.6 When any Owners' meeting, either annual or special, is adjourned for thirty (30) days or more, notice of the adjourned meeting shall be given as in the case of an original meeting. Save as aforesaid, it shall not be necessary to five any notice of an adjournment or of the business to be transacted at an adrnourned meeting, other than by an announcement at the meeting at which such 11 .. / . 0 adjournment is taken. Section 6.7 Whenever any Owner has been absent from any meeting of the Owne±, whether annual or spe- cial, an entry in the minutes to the effect that notice has been duly given shall be conclusive and incontrover- tible evidence that due notice of such meeting was given to such member as required by law and this Declaration. Section 6.8 At all meetings of Owners, each Owner shall be entitled to one (1) vote for each Condominium owned by him. In the event that any Condominium is owned by two or more person, then such person shall designate in writing to be filed with the Board which one of them holds the voting rights hereunder (which person shall be a voting Board member), and in the absence of such desig- nation, the Chairman may select which one of them holds such voting rights. Such vote may be viva voce or by ballot. Section 6.9 The Owners present at a duly called or held meeting at which a quorum is present may continue to do business until adjournment, notwithstanding the withdrawal of enough voting power to leave less than a quorum. In the event any meeting of Owners cannot be held because a quorum is not present, the Owner present, either in person or by proxy, may adjourn the meeting to a time not less than 48 hours nor more than 30 days from the time the original meeting was called. Section 6.10 The transaction of any meeting of Owners, either annual or special, however called and noticed, shall be as valid as though had at a meeting duly held after regular call and notice, if a quorum be • / . present either in person or by proxy, and if, either be- fore or after the meeting, the Owner entitled to vote, not present in person br byoxy, signs a written waiver of notice, or a consent to the holding of such meeting, or an approval of the minutes thereof. All such waivers, consents, or approvals shall be filed with the other Owner or made a part of the ituLnutes of the meeting. Section 6.11 Any action which may be taken at a meeting of the Owners, may be taken without a meeting if authorized by a writing signed by all of the Owners who would be entitled to vote at a meeting for such purpose, and filed with the Chairman. Section 6.12 Each person entitled to vote or exe- cute consent shall have the right to do so either in per- son or by an agent or agnets authorized by a written proxy executed by such person or his duly authorized agent and filed with the Chairman, provided that no such proxy shall be valid after the expiration of eleven (11) months fran the date of its execution. Section 6.13 At each annual meeting of Owners, a Chairman and Secretary of the Board shall be elected. Section 6.14 The Board shall designate a third per- son, or a list of third persons (in order of preference) who shall sit as a third Board voting member should the voting Owners be divided on any issue or who shall estab- lish a quorum should the Owner designated to vote for one of the Condominiums not be present at a properly noticed Board meeting. Two votes shall decide any such issue. Should the third person fail to act in resolving such issues, either voting Owner may demand such issues be / I ubqj.btec to Aettled b abitatiQn by the Xrprican 0 Arbitration Association in accordance with its Commercial Rules. ARTICLE VII RESPONSIBILITY OF OWNERS Section 7.1 Each Owner of a Condominium shall be responsible for the maintenance and repair of his Unit and all areas of which he has the exclusive right to use. These areas shall be kept in a neat and tidy condition. The obli- gation of maintenance and repair extends to the glass doors and windows enclosing any part of the Unit, and to the main- tenance and repair of all plumbing, electrical heating systems and appliances located within the Unit. Each Owner shall have the right, at his sole cost and expense, to maintain, repair, paint, paper, panel, plaser, tile and finish the interior surfaces of the ceilings, floors, window frames, door frames, trim, and perimeter walls and partitions located within his Unit. Each Owner shall have the right to substitute new finished surfaces in place of those existing on said deiling, floors and walls. In the event an Owner fails to maintain the interior of his Unit and the plumbing, electrical and heating systems thereof, or make repairs thereto in such manner as shall be deemed necessary in judgment of the Board to preserve the attractive appearance thereof and to protect the value thereof, the Board shall 4ive written notice to such Owner, stating with particularity the work of maintenance or repair which the Board finds to be re- quired, and requesting that the sane be carried out within a reason- able time from the giving of such notice. If an Owner disputes his liability t cay out such xnaipten nce or airs, he may request a hearing by the Board in accordance with Section 7.2 of this Article. The. determination dç the Board at such hearing shall be final. If the Owner is determined by the Board to be liable for such maintenance or repair and fails to carry out the sane within the time prescribed by the Board at the hearing, the Board, shall cause the work to be done and shall assess the cost there- of to the Owner. Section 7.2 If any condominium Owner or other occupant of the condominium owned by him shall fail to observe any of the provisions of this Declaration, or any of the rules or regulations adopted by the Board, the Board shall give written notiáe of such fact to the con- dominium owner in accordance with Section 10.2 of ARTICLE X. Any such notice so given shall contain a specification of the alleged violation of this Declaration or of such rule or regulation, as the case may be, and such notice shall also specify a date not less than-10 nor more 20 days fter the date of the notice for a hearing before the Board to review the alleged violation as set forth in the notice. At such hearing, the Board shall accept such evi- dence and take such testimony as may be reasonable under the circumstances, reach a decision with respect thereto, and if the Board concludes that the alleged violation did in fact occur, the Board may take any disciplinary action permitted by this Declaration or the By-Laws of the Board. Breach of any of the covenants contained in this De- claration and the continuation of any such breach may be enjoined, abated or remedied by appropriate legal I 'I proceedings by any Owner of the Board. It is hereby agreed that damages at law for such breach are inadequate. No judicial proceedings shall be commenced by the Board, ,against an Owner for any non-monetary breach of this Declaration unless and until there has been a hearing with respect to such breach in accordance with this Section 7.2 Section 7.3 The remedies herein provided for breach of the covenants contained in this Declaration shall be Lemed cumulative, and none of such remedies shall be deemed exclusIve. Section 7.4 The failure of the Board or any Owner to enforce any of the covenants contained in this Declaration shall not constitute a waiver of the right to enforce the same thereafter, nor shall such failure result in or impose any liability on the Owners of the Board. ARTICLE VIII MORTGAGE PROTECTION Section 8.1 Notwithstanding any other provisions in this Declaration to the contrary, in order to induce FHIMO and FNMZVGNMA (and other lenders and investors) to participate in the financing of the sale of Condominiums within the Project, the following provisions are added hereto (and to the extent these added provisions conflict with any other provisions* in this Declaration, these added provisions shall control): (a) Each holder of a first mortgage or first trust deed of trust encumbering any Condominium is entitled to timely written notification from the Association of any default by the mortgagor of such Condominium in the performance of such mortgagor's obligations under this Declaration, which is not cured within thirty (30) days. (b) Each holder of a first mortgage or first deed of trust encumbering any Condominium which comes into possession of such Condominium pursuant to the remedies . / . provided in such mortgage or deed of trust, or by foreclosure o such mortgage or deed of trust, shall be exempt from any "rig1t of first refusal" or other restriction on the sale or rental of such condominium, including, but not limited to, restrictions on the age of the occupants of such Condominium and restrictions on the posting of sins pertaining to the sale or rental of such Condominium. (c) Each holder of a firs mortgage or third party foreclosure purchaser which comes into possession of the Condominium pursuant to the remedies provided in the mortgage or foreclosure of the mortgage, shall take the property free of any claim for unpaid assessments or charges against the mortgaged Condo- minium which accrue prior to the time such holder comes into possession of the Condominium (except for claims for a share of such assessments or charges resulting from a reallocation of such assessments or charges to all condominiums, including the mortgaged condominium). The lien assessments provided for herein shall be subordinate to the lien of any first mortgage or first deed of trust now or hereafter placed upon the property subject to assessment; provided, however, that such subordination shall apply only to assessments which have become due and payable prior to a sale or transfer of such property pursuant to a decree of foreclosure or trustee's sale. Such sale or transfer shall not relieve such property from liability for any assessments there- after becoming due, nor from the lien of any such sebsequent assessment. d) Unless at least seventy-fpercent (75%) of the first mortgagees (based upon one vote for each first mortgage owned) of Condominiums have given their prior written approval, the Association or the Owners shall not be entitled to: (1) by act or omission, seek to abandon or terminate the Condominium regine, except as other- wise provided herein in the ev-nt of substantial des- truction by fire or other casualty or in the evnet of a taking by condemnation or eminent domain; (2) change the pro rate interest or obli- gations of any Condominium for (i) purposes of levying assessments or charges or allocating distr17utions ãf hazard insurance proceeds or condemnation awards; and for (ii) determining the pro rate share of ownership of each Condominium in appurtenant real estate and any improvements thereon which are owned by the Owners in the Project in undivided pro rate interests ("Cannon - Area"). (3) partition or subdivide any Condominium. (4) by act or omission, seek to abandon, partition, subdivide, encumber, sell, or transfer, the Common Area. The granting of easements for public utilities or for other public purposes consistent with the intended use of the Cannon Area by the Project shall not be deemed a trans- fer within the meaning of this clause. (5) use hazard insurance proceeds for losses to any Condominium property (whether to Condo- minim Units or to Common Area) for other than the repair replacement, or reconstruction of such improve- xnents ex!t as oyded by tte in cape o sub- stantial loss to the Condominium Units and/or Coirrnon Area of the Project. (e) First mortgagees shall have the right to examine the books and records of the Association. (f) An adequate reserve fund for replacement of the Cormon Area must be established and must be funded by regular monthly payments rather than by special assessments. (g) All taxes, assessments, and charges which may become liens prior to the first mortgage under local law shall relate only to the individual Condominiums, and not to the Project as a whole. (h) In the event of substantial damage or de- struction of any Condominium Unit or any part of the Carmon Area, or any portion thereof, the institut.Onal holder of any first mortgage on a Condominium shall be entitled to timely written notice of any such damage or destrcction, and further, no provision in this Declaration shall be interpreted to entitle the CYvner of the Condominium or any other party to priority over such institutional holder with respect to the distribution to such Condominium of any insurance proceeds. (i) The Association shall give FBLMC and FNMA/ GNMA notice (c/o Servicer at Servicer's address) in writing of any loss to, or taking of, the Common Area of the Project if such loss or taking exceeds Ten Thousand Dollars ($10,000.00) or damage to a Condominium Unit exceeds $1,000.00. (j) The Association shall, upon the request of any institutional holder of a first fortgage on a Condominium in the Project, (1) give written notice of all meetings of the Association and permit the lender to designate a representative to attend all such meetings, and (2) transmit to such lender an '0 nnual audited, financial statement of the Project within ninety 0 (90) days following the end of any fiscal year of the Project. (k) If any Condominium Unit or portion thereof or the Canion Area or any portion thereof is made the subject matter of any bondemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority, then the institutional holder of any first mortgage on a Condominium shall be entitled to timely written notice of any such proceeding or proposed acquisition, and no provision in this Declaration shall be interpreted to entitle the Owner of a Condominium or any other party to priority over such institutional holder with respect to the distribution to such Condominium of the proceeds of any wards of settlement. Section 8.2 No breach of any of the foregOing covenants shall cause any forefeiture of title or reversion or bestow any right of re-entry whatsoever, but in the erent that any one or more of these covenants shall be violated, the Declarant, its successors and assigns, the Association, or any Onwer of a Condo- minium in the Project, may carmence a legal action in any court of compettent jurisdiction to enjoin or abate said violation, and/or to recover damages; provided, however, that any such violation shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value as to said property or any part thereof. Said covenants shall be binding upon and effective against any Owner of said property, or portion thereof, whose title thereto is acquired by foreclosure, trustee's sale or other d Se. ARTICLE DC ASSESSMENTS Section 9.1 At least thirty ('O) days prior to January 1 of each year, the Board shall estimate the total charges to be assessed against the Project and$ be. expended by the Board duriothe succeedin9 year, which shall constitue the maintenance fund (including a reasonable pro- vision for contingencies and adecuate reserves for replacements, less any expected surplus from the prior year's fund). The estimated amount re- quired for the maintenance fund shall constitute the aggregate regular assessment, which shall be assessed to and paid by the Owners equally. Section 9.2 Any increase in or decrease from the amount of the initial aggregate regular assessment shall be assessed to and paid by lar assessment shall not be increased more than twenty percent (20%) over the preceding year's aggregate regular assessment without the approval of at least two-thirds (2/3) of the Owners present at a regular or special meeting of members, held in accordance with the By-Laws of the Board. If a regular asse-sment is determined by the Board to be in- adequate for any reason, including nonpayment of any owner's assessment for unforeseen expenditure, the Board may at any time levy a special assessment with the ap- proval of amajomity of the Owners. Any special assess- ment made by the Board shall be assessed to the Owners in accordance with the proportions set forth in Section 2.2 of ARTICLE II. Notwithstanding anything in this Declaration to the contrary, no alteration, additions, or inprovsments, in connection with the project shall be made at a cost of more than One Thousand Dollars ($1,000.) without the ap- proval of at least two-thirds (2/3) of the voting owners (excluding Declarant who shall not be entitled -to a vote on such matter irrespective of the number of corx5.artmnium units owned by Declarant at the time of the vote) present at a special meeting. Section 9 Each Owner shall be obligatto pay to the Board his regular assessmeth in twelve (12) equal installments on or before the fifteenth day of each calen- dar month, and to pay special assessments within thirty (30) days after their levy or at such other times as the Board shall designate. All assessments shall be paid at such place as the Board shall designate. The regular assessment shall carnence upcn the close of escrow for the sale of the first condominium in the Project; regu- lar assessments chargeable to or payable for each un- sold condominium shall be charged to and paid by, and be the debt of Declarant or its successor in ownership of each unsold condominium and shall camience upon the conveyance of the first condominium in the Project. All regular and special assessments levied upon any condomi- nium shall constitute a debt of the Owner of such con- dominium at the tine of the assessment and shall be paid promptly. Interest at the rate of ten percent (10%) per annum shall accrue on all delinquent assessments. Section 9.4 The amount of any delinquent regular or special assessment, plus interest thereon and any expenses reasonably incurred in collecting and/or enforc- ing such assessment, including reasonble attorney's fees, shall be and become a lien upon the Conddninium so assessed, which shall attach to the Condominium as of the time the Association causes to be recorded in the Office of the County Recorder of San Diego County, Cali- fornia, a Notice of Assessment Lien; which shall state i. the anount of the delinquent assessment and such related charges as may be authorized by this Declaration; ii. 4he. name of the Owner of record Sor re- puted Owner of the Condcminium; iii. a decription of the Condominium against which the lien has been assessed. The Notice shall be signed by two officers of the Board. The assessment lien shall also be deemed to secure all of the foregoing items which sahll become due and/or incurred relative to the Condaninium after the rebordation of the Notice of Assessment Lien until the ccxnpletion of the enforcement of the lien or the payment of the full amount secured by the lien, or other satisfaction to be made in connection therewith. No proceeding or action shall be instituted to foreclose the lien until notice of inten- tion to proceed to foreclose the lie- has been mailed by the Board to the Owner of the Condominium affected by the lien at the last known address of such Owner, at least thirty (30) days prior to the commencement of any such action or proceeding. The assessment lien may be en- forced by judicial foreclosure; provided, however, that said method of enforcement shall not be exclusive but shall be in addtion to any other rights or remedies which the Owners or the Board may have. The Board shall also have the right to bid at any foreclosure sale and to hold, lease, mortgage and convey such Condominium upon its pur - chase. Upon payment of the full amount secured by an assessment lien, including all authorized charged in ac- cordance with the foregoing, or upon any other satisfac- tion duly made in connection therewith, the Board shall cause to be recorded a notice setting forth the fact of such payment and/or satisfaction and of the release of the assessment lien. Any assessment lien as to any Con- &xninium shalla all times be subject and subo mate to any mortgage or deed of trust on the Condominium thich is created in good faith and for value and which is ecorded prior to the date of recordation of the assessment lien. In the event any assessment lien is destroyed by reason of the foreclosure of any prior martgage or deed of trust on a Condominium, the interest in the Condominium of the purchaser at the foreclosure sale may be subjected to a lien to secure assessments levied on the Condominium in the same manner as provided 'above in this Article. Section 9.5 The Board shall comply with the requirements of the Consumer Credit Protection Act (Public Law 90-321, 82 Stat. 164 et seq.), also known as the "Federal Truth-In-Lending Act" to the extent the same may be applicable. Section 9.6 The Board shall, upon demand for a reasonable charge not to exceed fifteen dollars ($15'.) furnish to the record owner of a Condominium or to any person who qualifies as an "Entitled Person" under Section 2943 of the Civil Code a certificate signed by an officer of the Association setting forth the amount of any unpaid assessment attributable to such Condaninium and all re- lated charges authorized by this Declaration. Such certi- ficate shall be furnished to the party requesting it with- in ten (10) days of the date the request is received by the Board. Also, any books and records shall be made available. Provided written request therefore is given to the Board, the holder of the First Deed of Trust on any con- dominium in the Project shall be entitled to receive, with- out charge from the Board, written notice of default by an Cner in the performance of any obligation of such Own- • er under this *aration or the By-Laws of the øard; such 0 notice shall be given concurrently with the flying of notice of default to such Owner, and in any event1 not less than thirty (30) days prior to initiating forecloure of any assessment lien affecting such Owner's Unit. Section 9.7 The Board shall prepare a balance sheet and an operating (income) statement for the Board with provision for the destribution of copies thereof by the Board to each Owner with 60 days of accounting dates as follows: A.) At all reasonable tines, the books and records of the Association shall be made available for inspection by all members. B.) A balance sheet as of an accounting date which shall be the last day of the month closest in time to six (6) months from the date of closing of the first sale of a Condominium interest to a member of the Board and an operating statement for an accounting period from the aforesaid date of first closing to the aforesaid accounting date; C.) A balance sheet as of the last day of the Board's fiscal year and an operating statement for said fiscal year. The operating statement for the first six months accounting period referred to in (D) above shall include a schedule of assessments received or receiveable itemized by lot or unit number and by the name of the person or entity asses- sed. ARTICLE X PARTITION Section 10.1 Each Owner of a Condominium in the Project is hereby prohibited from partitioning the Cannon Area except upo a showing (1) that three years ter d.im- 0 age or destruction to the Project which renders a inaterial part thereof unfit for its use prior thereto, the Project has not been rebuilt or repaired substantially to its state prior to its damage or destruction, or (2) that three-fourths or more of the Project has been destroyed or substantiallly damaged, and that Owners holding in aggre- gate more than a fifty percent interest in the Comnon Area are opposed to repair or restoration of the Project, or (3) that the Project has been in existence in excess of fifty years, that it is obsolete and that Owners holding in aggregate more than a fifty percent interest in the Ccanrron Area are opposed to repair or restoration of the Project; provided, however, that if any Condominium shall be owned by two or more co-tenants as tenants in camon or as joint tenants, nothing herein shall be deemed to prevent a judicial partition as between such co-tenants. In the event of partition of the Project the pro- ceeds thereof shall be divided among the Owners in accor- dance with the proportions of Camon Area expense established in Section 2.2 of ARTICLE II. ARTICLE XI MISCELLANEOUS Section 11.1 Should any of the covenants contained in this Declaration be void or be or become unenforceable inlaw or in equity, the remaining portions of this De- claration shall, nevertheless, be and remain in full force and effect. Section 11.2 Any notice permitted or required to be delivered as provided in this Declaration may be de- livered eithersonal1y or by mail. If de1ivis made 0 by mail, such notice shall be deemed to have been delivered to a person twenty-four (24) hours after a copy of it was deposited in the United States mail, postage prepaid, certified or registered, addressed to such person at the address given by him to the Board for the purpose of such service of notice, or at the address of the condominium owned or represented by such person, if no other address had been given to the Board. Such address may be changed frcart tine to time by written notice delivered .to the Association in accordance with the foregoing. Section 11.3 All questions of interpretation or construction of any of the terms or conditions herein shall be resolved: by the Board and its decision shall be final, binding and conclusive on all of the parties affected. Section 11.4 In the event an attorney is engaged by the Board for the enforcement or defense of any of the provisions of this Declaration, then the prevailing party in any resulting litigation shall be entitled to recover from the other party a reasonable sum as attorney's fees. Section 11.5 Every person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Project is an shall be conclusively deemed to have consented and agreed to every convenant, condition and restriction and other provisions of this Declaration. Section 11.6 This Declaration may be amended by an instrument in writing, signed and acknowledged by the owners of at least three-fourths (3/4) of the condominiums other than declarant aer approval of the amendment at a meeting of the voting Owners duly çalled for such purpose, whereupon the amendment shall become effective upon its recordation in the Office of the County Recorder of Sari Diego County, California. However, no amendment to this Declaration shall affect any lender to the extent it defeats the lender's then priority position with respect to its lien or 1 Ir which would convert the lender's loan to an illeal status under such governmental regulations then applicable to the lender involved, unless the approval in writing of any such lender is obtained. Any other amendment is sent to all lenders then of record and the written approval is obtained from the lenders holding the beneficial interest of at least seventy-five percent (75%) of the number of mortgagees or trust deeds of record contituting valid first liens against the project and any portion of it. Section 11.7 This Declaration, every provision hereof, and every covenant, condition and restriction con- tamed herein shall continue in full fdrce and affect for a period of fifty (50) years from the date hereof, unless the Owners of three-fourths (3/4) of the condominiums have executed and recorded at any time within six (6) ironths prior to said date, in the manner required for a conveyance of real property, in writing in which they agree that this Declaration shall continue for a further specified period and providing therein a similar provision for the further extension of this Declaration. Section 11.8 All restrictions, condition, covenants and agreements contained herein are made for the direct mutual and reciprocal benefit of each and every Condominium in the Project; shall create mutual, equitable servitudes upon each condominium in favor of every other condominium; shall create reciprocal reights and obligations between the respective Owners of all condominiums and privity of con- tract and estate between all grantees of said condominiums, their heirs, successors and assigns; and shall, as to the Owner of each condominium his heirs, successor and assigns, operate as covenants running with the land, for the benefit of all other condominiums.