HomeMy WebLinkAboutCT 83-37; Faraday Business Park; Tentative Map (CT)85-018875
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I VERAI . LYLf II cpv-ifY auOSI^R I
RECORDING REQUESTED BY:
IIK03MD BEQUEST OF fIRSr AMBnWi T1TU CO
Jim Hollenbeck
FARADAY DEVELOPMENT CORP.
1566 Cherokee St.
San Marcos, Calif. 92069
DLCLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS OF
FARADAY BUSINESS PARK
A Commercial Condominium Project
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FARADAY BUSINESS PARK
A COMMERCIAL CONDOMINIUM PROJECT
RECITALS 1
I . DEFINITIONS 3
11 . THE PROPERTY 6
2 .1 Property Subject to Declaration 6
2.2 Waiver of PartiLion 6
2.3 Common Area Ownership
III. CONDOMINIUM ASSOCIATION 7
3.1 The Organi zation 7
3.2 Membership 7
3.3 Voting Classes B
3 . 4 Voti ng Procedures 9
3.5 Notice and Quorum and Location of Meeting 9
3.6 Board of Directors 11
3.7 General Powers, Duties and Authority of
The Association 11
3.8 Capital Improvements 14
3 .9 Power of Attorney 15
3.10 Majnlenance of Common Area 15
3.11 Maintenance Rights of City 16
3.)2 Authority for Entry for Maintenance or
Construction 16
3.13 Annual Opera ti ng Statement 16
3.14 Additional Insurance by Unit Owner 17
3.15 Manager 17
3.16 Consolidations and Mergers 17
3.17 Dedication 17
3.18 Project Rules 18
3.19 Enforcement 19
3 . 20 Not.ice of Incumbency 20
3.22 Liability of Directors 22
IV. MAINTENANCE ASSESSMENTS AND ASSOCIATION FUNDS 21
4.1 Covenants for Maintenance Assessments 21
.2 Monthly Assessments. 22
.3 Special Assessments .'.' 24
.4 Reimbursement Assessments 25
.5 Non-Waiver of Assessments 25
. 6 Enforcements 25
.7 Power of Foreclosure and Sale 27
4.8 Status of Assessment Lien 28
4.9 Certificate of Discharge o£ Lien 28
4.10 Subordination of Lien to Encumbrance 29
4.11 Association Funds 29
4.12 Books of Account 30
V. USES, RESTRICTIONS AND COVENANTS 31
5.1 Proper Use of Premises..... 31
5.2 Maintenance by Unit Owner 34
5.3 Alterations or Additions 36
5.4 Partitions 36
VI . EASEMENTS 37
6.1 Generally ?'>
6.2 Utilities 3,
6.3 Encroachments and Partitions 37
6.4 Repairs 37
6.5 Ingress and Egress 38
6.6 Emergency Escapes 38
VII. DAMAGE OR DESTRUCTION OF BUILDING CONDEMNATION 38
7.1 Damage to Single Unit 38
7.2 Damage to Two or More Units or Common Area.... 38
7.3 Condemnation of Common Area 40
VIII. RIGHTS OF MORTGAGEES AND TRUST DEED BENEFICIARIES... 40
IX. MISCELLANEOUS PROVISIONS 43
9.1 Mechanic's Liens 43
9.2 Term of Declaration 43
9.3 Amendments 44
9.4 Construction of Provisions 45
9.5 Binding 45
9 . 6 Severabi 1 j ty of Prov j sions 45
9.7 Gender, Number and Captions 45
DECLARATION Of COVENANTS, CONDITIONS
AND RESTRICTIONS OF
FARADAY BUSINESS PARK
A COME RI CAT ' CONDOKfKfUM "PROJECT
This declaration is made this ___day of
, by KAKADAV BUSINESS PARK, A LIMITED PAUTNEKSM) P)ierein referred
to as "Declarant".
This QC'claratibn is made with reference to the following facts:
Declarant is the o.vner of that certain real property
located in Carlsbad, San Die-go County, California,
described as follows:
Lot 1 of CARLSBAD TRACT NO. 83-37, according to Map
thereof, No, 11094, as filed in the Office of the
County Recorder of San .Diego County on November 30, 1984.
The real property described above is a project vnthin
the meaning of California Civil Code Section 1350 (3)
and is subject to the provisions of the California
Condominium Act (Cal i form'a Civil Code, Sections 1 350-
13/0, inclusive). It is the desire and intention of
the Declarant to subdivide and develop such real ,'jro-
perly as a condominium project pursuant to the Map arid
to impose on said real property mutual beneficial restrictions
easements, assessments and Hens under a general plan of
improvement for the benefit of all of the subject Units
and of the subject Common Area and the future owners of
said Units and Coirr.ion Area,
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NOW, THEREFORE, Declarant hereby declares that
all of the real property described in the Map is held and
shall be held, conveyed, hypothecated, encumbered, leased,
rented, used, occupied and improved, subject to the .''
following limitations, restrictions, covenants and condi-
tions, all of which are declared and agreed to be in furtherance
-of the plan for the subdivision, improvement and sale of said
real property as a condominium project and are established
and agreed upon for the purpose of enhancing and perfecting
the value, desirability and attractiveness of the real
property, improvements and every part thereof. All of the
limitations, easements, uses, obligations, covenants, restric-
tions and conditions stated herein shall run with the real
property; shall be deemed appurtenants to the property each
as to the remaining interests; Ehall be binding on all parties
having or acquiring any right, title or interest in the
described real property or any part thereof; and shall be for
the benefit of eaih owner of any portion of said real property
or any interest therein, and shall inure to the benefit
of and be binding upon each successor in interest of the
owners thereof. Each and all of said limitations, easements,
uses, obligations, covenants, conditions and restrictions
shall be deemed to be, and shall be construed as equitable
servitudes, enforceable by any of the owners of any of the
individual Units against any other owner, lessee or occupant
of the Units, the real property, or any portion thereof.
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ARTICLE I
DEFINITIONS
Unless the context clearly indicates a different
meaning therefor, the terms .used herein, in the Map, and
in any deeds regarding Units in the Project shall have the
meanings specified in this Article.
A. Articles; The term "Articles" shall mean and
refer to the Articles of Incorporation of FARADAY OWNERS
ASSOCIATION, filed in the Office of the Secretary of State
of the State of California.
Association: The term "Association" shall mean
OWNERS ASSOCIATION to its successors
B.
and refer to FAR'.DAY
and assigns, incorporated as a non-profit mutual benefit
membership corporation under the laws of the State of
California.
C. Beneficiary: The term "Beneficiary" shall mean
and refer to a mortgagee under a mortgage or a beneficiary
un3er a deed of trust encumbering a Unit.
D. Board: The term "Board" shall mean and refer
to the Board of Directors of the Association.
E. By-Laws: The term "By-l,aws" shall mean and
refer t the By-l^aws of the Association which are or shall
be adopted by the Board.
City
to the City of Carlsbad,
The term City shall mean and refer
San Diego County, California.
of this Declaration
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H, Condominium: The term "Condominium" shall
mean and refer to a Unit together with the undivided
percentage (I) interest in the Common Area conveyed in
fee to an Own^r, and all easements appurtenant thereto,
all as more particularly defined in Section 783 of the
California Civil Code.
!• c.PJ™°n. hTJUL' Tlle term "Common Area" shall
mean and refer to all o( the Project described on the Map
which is not included within any Unit. Common Area shall
include, but shall not be limited to, hallways, roofs,
foundations, pipes, ducts, Dues, chutes, floors, bearing
walls, columns and girders, to the unfinished surfaces
thereof, all reyarclless of location, parking, storage,
service and equipment areas, driveways, roads, alleys,
walkways, accessways, sewers, storm drains, street liyht-
ing, fire hydrants and all other portions of the fire
prevention water system, open spaces, planted and land-
scaped areas, and all other improvements which may be
placed upon or located in the Common Area, except that gas & air
conditioning apparatus as described in Paragraph "T. __Uni_t"
below. The term "Common Area" shall not include any
interior partitions separating individual Condominixim Units.
J.
and refer to
Declarant: The term "Declarant" shall mean
FARADAY BUSINESS PARK, A LIMITED PARTNERSHIP.
K. Declaration; The term "Declaration" shall
mean a;id refer to this Declaration of Covenants, Conditions
and Restrictions.
L. Di rector: The term "Director"
and refer to a member of the Board.
shall mean
M. Map: The term "Map" shall mean and refer to
that curtain Lot 1 of CARLSBAD TRACT NO. 83-37, In the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 11094,
os filed in the Office of the County Recorder of San Diego County on November30, 1984.
N. t'JLPA9.lL£• Tne term "Manager" shall mean and
refer to the person, corporation, partnership or other
business entity, if any, employed as such pursuant to
Section 3.15 hereof.
O. l'ViL™kc£: The term "Member" shall mean~and
refer to those persons or entities who are members of the
Association pursuant to Article 111 hereof.
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2385
P. PARKING SPACES:
The forking spaces shall not; be specifically
assigned to Unit Owners by the Association for the parking
of motor vehicles but all spaces shall be open parking for
jjse by Owners and their guests, invitees, employees, etc.
Q. Project: The term "Project" shall mean and
refer to the entire parcel of real property described
on the Map which is divided or to be divided into Condo-
miniums, including all structures thereon (C.C.§1350(3)).
R. Rules: The term "Rules" shall mean and refer
to the Rules adopted by the Association pursuant to
Paragraph 3.IB of this Declaration.
S. Tenant; The term "Tenant" shall mean and
refer to a person or entity renting, occupying or leasing
a Unit.
T. Unit: The term "Unit" shall mean and refer
to the elements of a Condominium not owned in common with
the owners of other Condominiums in the Project. The "Unit"
shall further include the air conditioning t gas mechanisms affixed
to the roof of the structure and connected to the Unit
including all fixtures, nuts, bolts, or other appendages
necessary to connect the mechanism to the structure as well
as all air lines, tubes, wires or other such items necessary
to operate the equipment and/or to take air or power or gas from the
mechanism to the rest of the Unit. Such air conditioning & gas
mechanism is not part of the common area nor shall its
maintenance, repair or replacement of any part be the
responsibility of the Owners Association but rather shall be
the exclusive responsibility of the Unit owner.
The Boundaries of each Unit shall be the following:
the interior unfinished surfaces (exclusive of paint, paper,
wax, tile, enamel or other finishes) of the floors, ceilings,
interior beams and columns, perimeter walls or lines as
designated on the Map and/or Plan, bearing walls, doors and
doorframes of said Unit. The Unit shall include the airspace
so encompassed by said boundaries, excluding all. bearing
walls and all walls containing any utility conduit to the
unfinished surfaces of any such walls (except as noted above
Re: Air Conditioning & Gas)
U. Unit Owner: The term "Unit Owner" or" "Owner"
shall mean and refer to the holder or holders of record fee
title to a Condominium, including Declarant with respect to
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each Condominium owned by Declarant. The term "Unit Owner"
shall include a contract purchaser (Vendee) under an
installment, land contract where and to the extent such Vendee
has been granted membership rights in the Association
pursuant to Paragraph 3.3A of this Declaration, and shall
exclude those persons having an interest in a Condominium
"merely as security for performance of an obligation.
ARTICLE II
THE PROPERTY
2.1 PROPERTY SUBJECT TO DECLARATION: All of
the real property described on the Plan is hereby declared
to be subject to this Declaration.
2.2 WAIVER OF PARTITION: There shall be no
judicial partition of the Project or any part thereof.
Except as provided in the California Civil Code Section
1354, each Unit Owner, and the successors of each Unit
Owner, whether by deed, gift, devise or operation of law,
for their own benefit, for the benefit of their respective
Condominiums and for the benefit of all other Unit Owners,
specifically waive and abandon all rights, interests and
causes of action for a judicial partition of the tenancy
in common ownership of the Project and do further promise
and covenant that no action for such judicial partition
shall be instituted, prosecuted, or reduced to judgment
until the happening of the conditions set forth in Article
VIII hereof; provided, however, that if any Condominium
shall be owned by two or more co-tenants as tenants in
common, or as joint tenants, or as community property,
nothing herein contained shall be deemed to prevent a
judicial partition as between such co-owners of the
Condominium.
2.3 COMMON AREA OWNERSHIP: A schedule setting
forth the percentage undivided interests in the Common
Area which shall be conveyed with each respective Commercial
Condominium Unit is attached hereto as Exhibit "A" and by
this express reference incorporated herein. The undivided
interests in the Common Area established hereundeir and to be
conveyed with the respective Commercial Condominium Units
cannot be changed. Declarant, its successors, assigns, and
grantees, covenant and agree that the undivided interests
in the Common Area and the fee title to the Commercial
Condominium Unit even though the description in the instrument
of conveyance or encumbrance may refer only to the fee title to
r
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the Commercial Condominium Unit. Each Unit and each Unit
Owner shall share the expenses of the Common Area propor-
tionately as more particularly set forth in Article IV
below.
ARTICLE III
CONDOMINIUM ASSOCIATION
3.1 THE ORGANIZATION:
A. The Association is an incorporated non-
profit mutual benefit membership corporation charged with
the duties and empowered with the rights set forth herein.
Its affairs shall be governed by this Declaration, the
Articles, the By-Laws, and the Rules of the Association.
B. In the event that the Association as
a corporate entity is dissolved, non-profit, unincorporated
association shall forthwith and without further action
or notice be formed to succeed to all of the rights and
duties of the Association hereunder. The affairs of such
unincorporated Association shall be governed by the laws of
the State of California and, to the extent not inconsistent
therewith, the Articles and By-Laws of the Association as if
they were created for the purpose of governing the affairs
of an unincorporated association.
3.2 MEMBERSHIP: Each Unit Owner, including
Declarant, by virtue of being an Owner and for so long as
Declarant is an Owner, shall be a Member of the Association,
or, in the event of its dissolution, a Member of the
unincorporated association succeeding to the Association,-
provided, however, that any person or entity who holds an
interest in a Unit merely as security for the performance
of an obligation shall not be a Member. Each Unit Owner
shall be entitled to one (1) membership in the Association
for each Unit owned. Association membership shall be
appurtenant to and may not be separate from the ownership
of any Unit. Upon termination of Unit Ownership, the
membership in the Association shall also terminate. Ownership
of a Unit shall be the sole qualification for membership in
the Association. Except-as otherwise provided herein, the
rights, duties, privileges and obligations of all Members of
the Association shall be as provided in this Declaration,
the Articles, By-Laws and Rules of the Association.- The
membership of an Owner shall not be transferred, pledged or
alienated in any way .except upon transfer of title to the
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Owner's Unit and then only to the transferee of title to such
Unit. Any attempt to make a prohibited transfer is void.
3.3 VOTING CLASSES: The Association shall have
two (2) classes of voting Members.
A. Class A; Class A Members shall be all
Unit Owners with the exception of Declarant. Class A Members
shall have one (1) vote for each Unit. When more than one (1)
person owns a single condominium Unit, all Owners shall be
Members of the Association. However, the vote for such Unit
must be cast as a Unit. Said vote shall be cast by the
designated "Voting Owner" for that Unit as hereinfter
provided. Fractional votes shall not be allowed and in no
event shall more than one (1) vote be cast with respect to
any one (1) Unit. When more than one (1) person owns a single
Unit, there shall be one (1) "Voting Owner" for such Unit.
The "Voting Owner" shall be designated by the record Owner
or Owners of each Unit by written notice to the Board. Said
designation shall be revocable at any time by actual notice to
the Board given by any of the Unit Owners of record or by the
death or judicially declared incompetence or legal incapacity
of any record Unit Owner. The power herein conferred to
designate a "Voting Owner" and to revoke said designation
may be exercised by the Unit Owner's conservator or by
the guardian of his estate or, in the case of a minor
having no guardian, the parent or parents entitled to custody
of said minor, or during the administration of his estate,
the executor or administrator of a deceased record Unit
Owner where the latter's interest in the Unit is subject to
administration in his estate, where no "Voting Owner" of a
Unit has been designated or said designation has been revoked
as herein provided, the vote for such Unit shall be exercised
as the majority of co-owners of the Unit mutually agree. No
vote shall be cast for any Unit where there is no designated
"Voting Owner" and the majority of co-owners of the Unit cannot
agree to said vote or other action. Majority co-owners shall
be based upon the written agreement o£ the parties or the
ownership of the majority percentage of the Unit if no agreement
has been provided.
A Class A Member who has sold his property to
a contract purchaser under an installment land contract
shall be entitled to delegate to such contract purchaser
his membership rights in the Association. Such delegation
shall be in writing and shall be delivered to the Board
before such contract purchaser may vote. However, the
contract seller shall remain liable for all charges and
assessments until fee title to the Unit sold is transfer-
red. Notwithstanding anything hcrcinabovc contained to
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the contrary, a Member of the Association may, but shall
not be required to, transfer his voting right in the
Association to any Tenant under any written lease or other
agreement of not less than one (1) year, which transfer
shall automatically terminate upon the expiration or other
termination o£ such lease or other agreement. In the
event of any such transfer, the Unit Owner shall by
written notice to the Board designate such transferee to
be the "Voting Owner" for such Owner's Unit. Nothing
contained herein shall be construed to relieve any such
lessor from the obligation to pay all charges and assess-
ments hereunder.
B. Class B; The sole Class B member
shall be Declarant. ~~The Class B Member shall be entitled
to three (3) votes for each Unit owned by it, provided
that the Class B membership shall cease and be converted
to Class A membership on the happening of either of the
following events, whichever occurs earlier:
(1) When the votes outstanding in
the Class A member ship e^ual the votus outstanding in the
Clcss B .i.c-mbtrsliip; or
(2) On Dt-cc-,T.i,tr 3!, !9S5.
3.4 VOTING PKOCEDyMS: Ar'V vot<-' may be cast
in person or by proxy. All proxius shall be in writing,
dated, siyntd by the Owners and filed with the Board
before the conuencemunt of any meeting. No proxy shall
extend beyond a period of eleven (11) months after the
filing of such proxy with the Board. Every proxy shall
automatically ceiise upon the sale of Ihe Unit by the
Owner, or upon the death or judicially declared incompe-
tence or legal incapacity of an Ownur. When voting for the
election or removal of a Director or Directors, each
Owner may cumulate his votes as provided in the Dy-I,aws
of the Association and Die California Corporations Code.
3.5 NOTICE AND_QUORUM AND LOCATION OF MEETING:
Written notice to the'Members oi the Association of
any iieeting of the Association, re'iul^r or special, shall r
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be sent by the Secretary to all Members not less than ten
(10) days nor more than thirty (30) days in advance of.
the meeting. At the first such meeting called, the
presence of members or of proxies entitled to cast fifty
percent (50«) of all the votes of each class of membership
shall constitute a quorum. If any meeting cannot be heJd
because the required quorum is not present, Unit Owners
present may adjourn the meeting to a time not less than
five (5) days nor more than thirty (30) days from the time
the original meeting was called. The required quorum at
the adjourned meeting shall be twenty-five percent (25%)
Of all the votes of each class of membership.
The first meeting of the Association shall be
held within thirty (?0) days after the closing of the
sale by Declarant of Units representing the fifty-one
percent (51%) of the total Units in the Project, but in
no event shall the meeting be held later than six (6)
months after the closing of the sale by Declarant of the
first Unit. Thereafter! the annual meetings of the
Association shall be held on the day and time set forth
in the By-Laws,
A special mut-tiny of the Members of the Asso-
ciation shall be promptly called by the President or, if
the Prc'SiJt-nt fails or refii;;<?s to <?o so, Declarant , or
upon:
(i) The vote for such a special meeting by a
majority of a quorum 'of the Board oC Directors; or
(ii) Receipt by the Board of a written request
for such a special meeting signed by Members representing
not less than twenty-five percent (251) of the total vot-
ing power of the Association, including Declarant, or by
Members representing not less than fifteen percent (151)
of the voting power rosiJing in M<:mb(!rs othtr than the
ijecJ arant.
The location of all such meetings shall be
within the Project or as close thereto as is practicable
and the written notice of sucli mc't.'ling shall state the
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location thereof, specifying the place, day and hour and,
in the case of a special meeting, the nature of the
business to be undertaken.
3.6 BOARD OF DIRECTORS: The Board shall un-
dertake all duties and responsibilities of the Associa-
tion ana the management and conduct of the affairs there-
of, except as expressly is reserved herein to a vote of
the Members. The initial Board consisting of three (3)
Directors shall be appointed by Declarant. Such Board
shall hold office until the first regular meeting of the
Members of the Association. At said meeting a new Board
of three (3) Directors shall be elected by secret written
ballot of the Members to serve until the next regular an-
nual meeting of the Association Members, or until their
successors are elected, whichever occurs first. At each
subsequent annual meeting, the membership shall elect a
Board. At any such election where Class A Members do not
have sufficient votes to elect a Director to the Board,
special procedures shall be adopted to assure one (i)
such Director is elected by Class A Members' votes exclu-
sive of any of the votes of Declarant.
3.7 (^FNERAL_POi';EKS^_pUT]_ES MD AUTIjOKITY OF
THE ASSOCIATION;' The Association shalT have all of the
powers set forth in the Articles and the By-Laws, together
with the general power lo do any and all things that a
non-profit corporation oryoni/yd under the laws of the
State of California may lawfully do; subject only to the
limitations on the exercise of such power as expressly set
forth in the Articles, the By-Laws and this Declaration.
The Association shall have the power to do any and all
lawful things which may be authorized, required or permit-
ted to be done by the Association under and by virtue of
this Declaration and to do and perform any and all acts
which may be necessary or proper for or incidental to
the exercise of any of the express powers of the Associa-
tion or for the peace, health, comfort, safety and/or
general welfare of the Owners and Tenants of the Owners.
The Association may delegate any of its power to such
committees, officers or employees thereof as a majority
of the Board may deem appropriate. Without limi-ting the
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generality of the foregoing, the Association, for the
benefit of all Condominiums and all Unit Owners, shall
have the power, obligation and duty to enforce the pro-
visions of this Declaration, and shall obtain and pay for
out of the maintenance fund all of the following:
A. Water, sewage, garbage, electrical, gas,
telephone and other necessary utility service for the
Common Area, and, to the extent not separately metered or
charged, for the Units;
B. Gardening and landscaping services for
the Common area;
C. Charges for maintaining, vacuuming and
cleaning any portion of the Common Area;
D. A policy or policies of fire and
casualty insurance, with extended coverage endorsement,
for the full insurable value of the Common Area, payable
as provided in Article VII hereof, or such other fire and
casualty insurance as the Board shall determine give
substantially equal or greater protection to the
Association, Owners and their Beneficiaries, as their
respective interests may appear. Each policy shall
provide that it shall not be cancelled without at least
thirty (301 days prior written notice to the Association
and to each of the Unit Owners. The Board shall review
the limits of such insurance for adequacy at least every
year and shall increase or adjust the same, if necessary,
to provide such coverage and protection as is customarily
carried by prudent property owners in San Diego County,
California. Said policy or policies shall provide for a
separate loss payable endorsement in favor of the
Beneficiary or Beneficiaries of each Condominium, if any.
E. A policy of policies of comprehensive
public liability insurance insuring the Association, the
Declarant, the Board, and the Manager, if any, against any
liability to the public or co the Unit Owners incident to
the ownership and/or use of the Project and to protect
against any liability to the public or to any Unit Owner
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2393
incident to the use 'of or resulting from any accident or
intentional act occurring in or about the Common Area.
The minimum limits o£ such insurance shall be determined
by the Board and established to provide such coverage and
protection as is customarily carried by prudent owners o£
similar property in San Diego County, California. The
Board shall review the limits and coverage of such insur-
ance at least every year and shall increase or adjust the
same, if necessary, to provide adequate coverage and pro-
tection to the Association, Board, and the Manager, if
any. Such policy or policies shall contain a cross liabil-
ity endorsement wherein the rights of named insureds there-
under shall not be prejudiced as respects any action by
one insured thereunder against another named insured.
F. Any insurance acquired by the Board
may be taken in the name of the Association, as trustee,
for the use and benefit of the Board, the Manager, if
any, and all Unit Owners. The Board may acquire any
other types of insurance or insurance in amounts in excess
of the limits provided above if the Board shall determine
the same to be necessary or appropriate in its sole dis-
cretion to fully protect the interests of the Unit Owners.
G. WorJ-.L-r' s Coinpt-'nscj t i on Insurance to
the extent necc-snary to comply with all applicable laws
of the State oi California or the regulations o£ any
governmental body or authority having jurisdiction over
the Project;
H. Legal, accounting and management ser-
vices necessary or proper for the maintenance and opera-
tion of the Common Area or the enforcement of this Dec-
laration, the Articles, By-Laws and the Rules;
1. All taxes and oiisessnion t s, if any,
levied or assessed separately unj.iinst the Common area;
J. Painting, mainl('nance and repair of
tht Common Art-a, including Rc-.strictcd Common Area, in-
cluding, as necessary, rep) ocumt.-nt ol components thereof
on a reasonable .ind prudent scho-lule of rL-placejncnt;
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K. Any lien or encumbrance, including
taxes, levied against any Unit which may constitute a
lien against the Common Area; provided, however, the
Board shall levy a special assessment against, such Unit
for the amount thereof. Where one or more persons are
responsible for the existence of such lien/ they shall be
jointly and severally liable for the cost of discharging
it and any costs incurred by the Board by reason of said
lien or liens shall be specifically assessed to said
Owners, including but not limited to attorneys' fees, if any.
L. Maintenance and repair of any Unit if
such maintenance or repair is necessary, is the discretion
of the Board, to protect the Common Area or preserve the
appearance and value of the Project, and the Owner or
Owners of said Unit have failed or refused to perform
said maintenance or repair within a reasonable time after
written notice of the necessity therefore delivered by the
Board to said Unit Owner. Tne Board shall levy a special
assessment against such Unit for the cost of said mainten-
ance or repair.
M. Any other goods, materials, supplies,
labor, services, painting, maintenance, repairs, struct-
ural alterations, insurance, taxes or assessments which
the Board is authorized to secure or pay for pursuant to the
terms of this Declaration or which are reasonably necessary
in the discretion of the Board for the convenient operation
of the Common Area.
N. All costs of enforcing the provisions
of this Declaration, including attorneys' fees and court
costs, provided that all costs incurred in the enforcement
of the provisions of this Declaration against any Unit
Owner shall be assessed specially against such Unit.
3.8 CAPITAL IMPROVEMENTS: The Association may
purchase or construct capital improvements in the Common
Area and assess the owners for the costs thereof, provid-
ed that if the cost of such capital improvement, includ-
ing furniture and fixtures, shall be in excess of five
percent (5%) of the budgeted gross expenses for the current
-00 2395
fiscal year of the Association, t.he authori zation of such
purchase roust be by the affirmative vote of at least two-thirds (2/3)
of each class cf membership voting in person or by proxy at a meeting
duly called for such purpose; provided, however that no such capital
improvements shall be constructed without obtaining any and all
approval s of governmental ayencies as may be required by law.
No property owned by the Association having a fair
market va3 ue in excess of five percent o.f the budgeted .Tin mini yross
income of the Association shall be sold without the prior affirmative
vote or wri tten consent of a majori ty of Die voting power of the
Association residing in members other than the Dec!a rant.
3.9 POWER OF ATTORNEY: Whenever partition of the project
may be had pursuant to California Civil Code Section 1354 (2), or
thi s Dec!aration, each Unit Owner/ his successors and assigns, does
hereby grant to the Association an irrevocable Power of Attorney to
sell the entire Project for the benefit of all of the Unit Owners there-
of, r>a i d power of sale to be exercised pursuant to California Civil
Code Section 1355 (b) (9).
3.10 MAINTENANCE OF COMMON AREA: The Association shall
have f xi 11 i»owi.-r and author i ty to act for and on bohal f of all Unit
Owners, .ind shn 11 keep and mai nta in the Coirunon M'ea, in <joor3 condi I i on
and > cp.i i r , i ncl vid i ng but not 1 imi ted to t he ma j n ton a nee of storm
drains and thei r appurtences and accessories, curbs and gutters,
asph.il t pavoniont, erosion and si 1 tat.ion control structuros ;md sha 11
provide for 1 ighting, landscaping, gardening, janitorial services
as nr'oded, and shal 1 cause any and all other acts to be done which
may be necessary to assure the maintenance of the Common Area in first
class condition and repair, including, without 1 imitation, painting
or staining of the exterior walls of any bui 1 clings and such other
portions of the Common Area as the Board in its discretion dotermines
to be necessary or as determined by the City Engineer. No contract
executed by the Board of Materials and/or services for the Common Area
shall exceed one year in duration unless the prior approval of a
majority of the Association Members has boon first obtained by the
Board.
-15-
..Of 2396
3.11 MAINTENANCE RIGHTS OF CITY; The City
shall have the right, but not the obligation, to" enforce
this Declaration against the Association insofar as it
relates to the maintenance and repair of the Common Area.
In the event that the Association fails or refuses to
maintain the Common Area as required by this Declaration!
then and in that event the City shall have the right, but
not the obligation, to enter into and upon the Common Area
and/or the Units and maintain and repair the Common Area,
or any portion or part thereof, when and if necessary, in
the City's sole judgment, to protect the health, safety
and general welfare of the Unit Owners, their employees,
invitees, licensees and Tenants. The City shall have the
right to recover all of its costs and expenses incurred
in connection with such maintenance and repair by collec-
tion as a real property assessment on a pro rata basis
against all Units in the Project.
3.12 AUTHORITY FOR ENTRY FOR MAINTENANCE OR
CONSTRUCTION: The Association or its agents may enter
any Unit and any portion of the Common Area to which a
Unit Owner has been granted an exclusive easement or
license whenever such entry is reasonably necessary in
connection with the performance of any maintenance or
construction for which the Board is responsible. Such
entry shall Lit- made with as little inconvenience to a
Unit Owner as pruc.-t i coble .>nr) only ujion reasonable ad-
vance written notice of at least twenty-four (24) hours,
except in emergency r.ituations.
3.13 ANNUAL OPERATING STATEMENT; -The Board
.ThaJl prepare an annual operating statement reflecting
income and expenditures of the Board from the maintenance
fund for the previous calendar year and the allocation
thereof to tach Unit. A copy of such report shall be
distributed to each unit Owner within ninety (90) days
after the end of each fiscal year of the Association.
The Board shall prepare a pro forma operating statement
(budget) an<3 shall distribute same to Unit Owners a*.
/east sixty (60) days prior to the foe<j i nn i n<j of encli
fiscal year of thr* Associ o t ion.
-16-
Tall
-Of 2397
The Board shall also prepare a balance sheet of
an accounting date which is the last day of the "month
closest in time to six {61 months from the date of clos-
ing of the first sale by Declarant of a unit in the Pro-
ject and an operating statement for the period from the
date of such first closing to the said accounting date
and shall distribute same within sixty (60) days after
the accounting date. Th~is operating statement shall in-
clude a schedule of assessments received ana receivable,
identified by the number of the Unit interest and the
name of the person or entity assessed.
3.14 ADDITIONAL INSURANCE BY UNIT OWNER: No
provision contained herein shall be construed to prevent
any Unit Owner from obtaining such additional insurance
coverage as such Owner may consider necessary or desirable
to protect himself or his Condominium.
3.15 MANAGER: The Board may, but shall not be
required to, empToy a professional manager or management
company to assist it in the management and operation of
the Project. The Board may, but shall not be required
to, delegate the daily management duties to said Manager,
who shall be subject to the direction an<] control of the
Board. Any cont.ract with such professional manager or
T.ar.ogement company, and the con.penr.at ion to be paid, for
a term in excess of one year must be approved by at least
fifty-one pi-rce/nt (511) of the Members of each Class of
the Association entitled to vote.
3.16 COHSOLIRATIONS ANO HEHGERS; To the extent
ptru.it led by jaw, the Associat ion~may participate in mer-
gers and consolidations with other non-profit associations
or corporations organized for the same purposes of the
Association, provided that any such merger or consolidation
shall have the assent of a two-thirds (2/3) of the voting
povc-r of each class of Members voting in person or by
proxy at a meeting duly called for this purpose. Written
notice of said int-cling, which notice .-.hall set forth the
purpose of the meeting, shall be qivcn to all Members .it
Jeii::t thirty (30) d.iys in I'jdv.mcL1 ol Hit.' meeting.
3.17 UF.P1CATJON: The Association, as-the aijent
of all Owners, r.h.ilf have"~lhe power to ih.licnte any of the
CO:;.:',CJD Ar^-a to uri iippi opr i a t e public :iutliur i ly (or public
-17-
2398
use, provided that any such dedication shall have the
assent of seventy-five percent (75%) of each class of
membership.
3.18 PROJECT RULES:
A. The Board may, from time to time, and
subject to the provisions of this Declaration, propose
such Rules as the Board may deem necessary foi: the manage-ment of the Project, which gules shall become effective
and binding on all Unit Owners after adoption by fifty-
one percent (51%1 of each class of membership at a meeting
duly called for that purpose, or by the written consent
of the above number of Unit Owners appended to a copy of
the proposed Rules. Such Rules appended to a copy of
the proposed Rules. Such Rules may concern, but need not
be limited to the following subjects:
(1) Use of the Common Area;
(2) Signs;
(3) Collection and disposal of refuse;
(4) Minimum standards of maintenance
of the Common Area; and
(5) Any other subject or matter with-
in the jurisdiction of the
Association as provided in this
Declaration.
B. With respect to Subparagraph A, above,
the rules may, without limitation and to the extent deemed
necessary by the Association in order to preserve the benefits
of the Project for all owners, and the employees, invitees,
licensees and Tenants of Owners, restrict and/or govern
the use of the Common Area, by any Owner, employee, invitee,
licensee or Tenant of such Owner; provided, however, that
with respect to use of the Common Area, the Rules may notdiscriminate between Owners and the Tenants of Owners.
Any conflict between such rules and this Declaration shall
be resolved in favor of this Declaration,
-1B-
' 2399
C. With respect to Subparagraph h, above,
the Rules may include with respect to the Common Area, but
not any public streets adjacent thereto:
(1) Parking restrictions and limita-
tions on the Common Area;
12) Limitations upon vehicular travel;
and
(3) The types of vehicles which may
be permitted to use the Common
Area.
D. A copy of the Rules so adopted shall
be furnished to each Unit Owner and each Unit Owner, his
employees, invitees, licensees and Tenants shall comply
with such Rules.
3.19 ENFORCEMENT; The Board shall have the
power, obligation anO duty to enforce the provisions of
this Declaration, the Articles, the By-Laws and the
Rules. In the event of a breach of any of the restric-
tions contained in this Declaration, the Articles, the
By-Laws or of any Rules by a Unit Owner, his family,
guests, employees, invitees, licensees or Tenants, the
Board, for and on behalf of all other Unit Owners, may
enforce the obligations of each Owner to obey such Rules
or restrictions in any manner provided by law or in
equity, including, but not litmted to, appropriate legal
action, suspension of t-H- Owner's right to use the Common
Area, or suspension of the Owner's voting rights; pro-
vided, however, such suspension may not be for a period
in excess of thirty (30) days, after notice and hearing
as herein provided, for an infraction of such Rules. In
addition to the other remedies herein sot forth, the
Board, by majority vote, may levy a fine against such
Owner, after appropriate notice and hearing as herein
provided, in an amount not to exceed One Hundred Dollars
($100.00) for each such violation and the payment of
such fine may be enforced in the same manner as set forth
in Article IV hereof. Prior to imposing any penalty pro-
2400
provided herein for breach of any Rules enacted hereunder
or restrictions contained in this Declaration, the f\rti-
cles, the By-Laws, or the Rules, the Board shall send
written notice to the Unit Owner specifying the nature of
the infraction and provide an opportunity to the Unit
Owner to a hearing before the Board regarding such infrac-
tion and the penalty to be imposed. In the event that
the Board determines that said infraction has occurred
and that a penalty shall be imposed, after a reasonable
opportunity for a hearing has been provided, the determi-
nation of the Board shall be final. Notwithstanding any-
thing to the contrary herein contained, neither the Board
nor the Association shall have the power to cause a for-
feiture of abridgement of an Owner's right to the full
use and enjoyment of his individually owned Unit on ac-
count of such Owner's failure to comply with the provi-
sions of this Declaration, the Articles, the By-Laws or
any Rules except when such loss of forfeiture is the re-
sult of a judgment of a court or a decision arising out
of arbitration or on account of a foreclosure or under
the power of sale herein granted for failure of the Owner
to pay the assessments levied pursuant to the provisions
hereof. In the event legal action is instituted by the
Board pursuant to this Paragraph 3.19, any judgment ren-
dered in any such action shall include costs of collec-
tion, court costs, and reasonable attorneys' fees.
3.20 NOTICE OF INCUMBENCY: The Board shall
record with the County Recorder of San Diego County,
California, a notice stating the names and addresses of
the persons elected to the Board. After the recordation
of the first such notice, any two (2) persons who are
designated of record as being members of the most recent
Board, regardless of whether or not they shall still be
members, may execute, acknowledge and record an affidavit
stating the names of all of the members of the current
Board. The most recently recorded of such notices shall
be prima facie evidence that the persons named therein
are all of the incumbent members of the Board and shall
be conclusive evidence of the exercise of any authority
thereby as to any bona fide purchaser or other third
person who supplies labor or material to the manager, or
•-<&<;'-a
...0( 2401
to any oLher person who relies thereon in good faith.
3.21 LIABILITY OF DIRECTORS: No Director shall
be personally liable to any o£the Members or the Associ-
ation or to any other person, including Declarant, for
any error or omission of the Association, its representa-
tives and employees, provided that such Director has, upon
the basis of such information as may be possessed by him,
acted in good faith.
ARTICLE IV
MAINTENANCE ASSESSMENTS AND ASSOCIATION FUNDS
4.1 COVENANTS FOR MAINTENANCE ASSESSMENTS:
Ueclarant hereby covenantsfor each Unit owned by it with-
in the project, and each Owner of any Unit by acceptance
of a deed therefor, whether or not it shall be so expres-
sed in any such deed or other conveyance, shall be deemed
to covenant and agree to pay to the Association the assess-
ments levied pursuant to this Article IV and thereby vest
in the Association the right, pout-r and authority to bring
all actions for the collection of such charges and for
the enforcement of the lien created hcroby. Such right
and power shall continue in the Association, and such
obligations shall run with the land so that each succes-
sive Owner of record of a Unit in the Project shall in
turn become liable to pay all such assessments which shall
become a lien thereon during -he time he is-the record
owner of any Unit in the Project. Each assessment levied
by the Association under this Article IV shall constitute
a separate assessment. Each assessment, together with
interest thereon, costs of collection and reasonable
attorneys' fees, shall be a charge on the Unit and shall
be a continuing lien upon the unit aij.i nst which each
such assessment is made. The Associat on, as the agent
of all Unit Owners, shall have a sopor te lien, and a
separate lien with powur of solo is In.- t-by created upon
each Unit against which nn asso^sinr.-nl s made Lo secure
the payment of any osscsr.immt:; umli-r this Article IV, or
any other amount owed as previously set forth herein.
-21-
Ji-
2402
Each i'.ich lien for any particular month's charge shall
likewise secure interest thereon if i*e same is not paid
when due, and costs of suit and reasonable attorneys'
fees to be fixed by the court if action or suit is brought
to collect such charge. The priority of all such liens
shall be in inverse order so that upon the foreclosure of
the lien for a particular month's charge, any foreclosure
sale pursuant thereto will be made subject to all liens
securing the respective monthly charges on such Unit for
preceding months. Each such assessment, together with
such interest, attorneys' fees and costs of collection
shall also be a separate, distinct and personal obliga-
tion of the Unit Owner of the Unit at the time when the
assessment fell due and shall bind his heirs, devisees,
personal representatives and assigns. The personal obli-
gation for delinquent assessments shall not pass to an
Owner's successor in title unless expressly assumed by
such successor, but the lien for such delinquent assess-
ment shall remain and if unpaid by such successive Unit
Owner, it may be foreclosed as herein provided. No such
assumption of personal liability by a successor Unit
Owner shall relieve any Unit Owner personally obligated
hereby for delinquent assessment for such Owner's per-
sonal liability therefor. After a record Unit Owner
shall transfer of record title to his Unit, he shall not
be liable for any charge thereafter assessed against
such Unit. A contract seller of any Unit shall continue
to be liable for all such charges until a conveyance by
him of the Unit subject to Iht asucsument is recorded in
the Office of the County Recorder of San Diego County,
Cali forn in.
4 . 1- NORTHl_.y_ ASSESSMEKTS:
*• JillS.H-Lail AKSCGMiL-nLs: The uoni'd shallestablish regular monthly".-iss'css'nicrit"s"Tor o^.-ration and
mai/Uc-nance of Hit Project by ihc j>i occ'ilurcs cslalil ishc-din thin Paragraph 4.2. The: Ar,sc;;snic'nts filial! be due andpayable in monthly installments on the first day of each
month during the continuance of this D'.'cl.'iration commenc-
ing on the first day o£ the 1 i rst jnorith following close
of escrow of the first sale by nuclarant of a Unit in the1'rojc-cl.
-22-
2403
B. Budgeting; On or before the_ first
business day of the first month following close of escrow
of the first sale by Declarant of a Unit in the project,
the Board shall prepare and distribute to each member a
pro forma operating statement (budget) estimating the
total expenditures to be paid out of the maintenance fund
including a reasonable reserve for contingencies and re-
placement for the remainder of the fiscal year, and shall
assess the total of said charges to all Unit Owners, in-
cluding Declarant in proportion to each Unit Owner's
ownership interest in the Common Area; provided, however,
that, notwithstanding the foregoing, the assessment for
reimbursement of the costs of providing garbage collec-
tion services may, in the Board's reasonable discretion,
be allocated among the respective "nits in accordance
with the estimated share of such costs as are allocable
to each Unit; and provided, further, that in the event
that the activities of one (1) or more of the Unit Owners
results in an increase in insurance premiums, the assess-
ment for reimbursement for such increased insurance prem-
iums shall be allocated among the Units in accordance
with the additional cost of such insurance premium allo-
cable to each Unit. Within sixty (60) days prior to the
beginning of each subsequent fiscal year, the Board shall
estimate the total charges to bo |Mirl out oC the mainte-
nance fund during such year (including a reasonable re-
serve for contingencies nnd less any expected surplus
from the prior year), and distribute a copy of a pro
lorma operating statement (budget) to each Member; provi-
ded, however, the board may not, without the prior vote
or written consent of a majority of each class of Members
of the Association, impose a regular annual assessment
per Unit which is more than twenty percent (20%) greater
than the regular assusuiiicnt pur Unit lor the immuriiatcly
preceding fiscal year. All funds budgeted, allocated,
assessed and collected for contingencies, deferred main-
tenance and replacement of capital improvements shall be
designated for that purpose and said funds shall be usc:d
solely for that specific purpose for which said funds
have been designated. Prior to the end of each calendar
year, the Members shall receive an accounting of assess-
ment receipts and disbursements for that calendar year.
If such accounting shows that a surplus of cnsh~results.
-23-
-Of 2404
the Members shall vote as to whether to refund all or
part of such surplus or as to whether such surplus shall
be carried over to future assessment periods and applied
to reduce future assessments. The Association shall
allocate and assess said total charges to each Unit Owner
in proporation to their respective ownership interests in
the Common Area.
C. Additional Assessments: In the event
the Association is required to make any expenditure, the
necessity for which was not foreseen at the commencement
of the calendar year, or if the Board's original estimate
of the annual assessment is inadequate and there are not
sufficient funds available in the maintenance fund, the
Board may levy an additional assessment, which additional
assessment shall be charged to all Lnit Owners in accord-
ance with their respective percentage ownership interests
in the Common Area, except as otherwise expressly provid-
ed herein; provided, however, tha Board shall not in any
fiscal year of the Association, levy additional assess-
ments to defray the costs of any action or undertaking on
behalf of the Association which in the aggregate exceed
five percent (5%) of the budgeted gross expenses of the
Association for that fiscal year unless the prior vote or
written consent of a majority of each class of Members of
the Association is first obtained.
4.3 SPECIAL ASSESSMENTS; In addition to the
regular assessments authorized by Paragraph 4.2 hereof,
the Association may levy, in any calendar year, a special
assessment in the same proportion as the respective
ownership interests of the Unit Owners in the Common Area
which shall be applicable to that year only for the pur-
pose of defraying, in whole or in part, the cost of any
construction or reconstruction, unexpected repair or re-
placement of a described improvement upon the Common
Area, including the necessary fixtures and personal pro-
perty related thereto; provided that any such assessment
shall have the assent of two-thirds (2/3) of each class
of its membership, voting in person or by proxy, at a
meeting duly called for this purpose. Written notice of
such meeting shall be given to all Members at least thirty(30) days in advance and shall set forth the purpose of
the meeting. No such special assessment shall be levied
-24-
2d05
prior t.o the commencement of the monthly assessments as
provided herein. The provisions of this Paraqraph 4.3
shall not apply in case of the Association levying an
assessment against an Owner under Paragraoh 4.4, for
costs incurred in bringing the Owner and his Unit into
compliance with provisions of this Declaration, the Articles,
the By-Laws or the Rules.
4.4 REIMBURSEMENT ASSESSMENTS: The Board
shall levy a reimbursement assessment against the Unit
Owner and the Unit owned by each Owner whose failure to
comply with this Delcaration, the Articles, the By-Laws
or the Rules has necessitated an exnenditure of monies by
the Association from the maintenance fund to bring such
Owner and Unit in compliance with said instruments or in
otherwise performing its functions under this Declaration.
Such assessment shall be for the purpose of reimbursing
the Association, shall be limited to the amount so expended
and shall be due and payable to the Association when levied.
Any such reimbursement assessment shall be levied in accord-
ance with Paragraph 3.19 of this Declaration.
4.5 NON-WAIVER OF ASSESSMENTS: The omission
by the Board, before the expiration of any year, to fix
the assessments hereunder for that or the next year,
shall not be deemed a waiver or modification in anv re-
spect of the provisions of this Declaration, or a release
of any Unit Owner from the obligations to pay the assess-
ments, or any installment thereof for th«L ^" any subse-
quent year, but the assessment fixed for the preucding
year shall continue until a new assessment is fixed. No
Unit Owner may waive or otherwise escape liability for
the assessments provided for herein by non-use of the
Common Area or abandonment of his Unit.
4.6 ENFORCEMENT: Each Unit Owner of a Unit
on becoming such Owner is and shall be deemed to covenant
and agree to pay to the Association each and every of the
assessments provided for in this Declaration and shall
be deemed to covenant and agree to the enforcement of all
such assessments in the manner herein specified. In the
event an attorney or attorneys are employed for collection
of any assessment, whether by suit or otherwise, or to
•00 2406
enforce compliance with or specific performance of the
terras and conditions of this Declaration, each Unit
Owner agrees to pay reasonable attorneys' fees and costs
thereby incurred in addition to any other amounts due or
any other relief or remedy obtained against said Unit
Owner, and the same shall be included in any judgment in
any suit or action brought to enforce collection of delin-
quent assessments. Any assessment not paid when due shall
be deemed to be delinquent. Any assessment not paid
within thirty (30) days after the date on which it be-
comes due shall thereafter earn interest from the date
of delinquency at the rate of ten percent (10%) per annum.
In addition to any other remedies herein or by law pro-
vided, the Association, or its authorized representative,
may enforce the obligations of the Owners to pav the
assessments provided for in this Declaration, and each
of them, in any manner provided bv law or in eauitv, and
without any limitation of the foregoing, by either or
both of the following procedures:
A. Enfprcemen[t_ by Suit: By commencement
and maintenance of a suit at""law against any Unit Owner
or Owners personally obligated to pay assessments Jfor
such delinquent assessments as to which they are person-
ally obligated, such suit to be maintained in the name
of the Association. Any judgment rendered in any such
action shall include the amount of the delinqnenc",
together with interest thereon, costs of collection, court
costs and reasonable attorneys' fees in such amount as
the court may adjudge against the delinquent Unit Owner.
Suit to recover judgment for unpaid assessments shall be
maintainable without foreclosing or waiving the lien
hereinafter provided for.
B. En.£g_rcement by Lien: There is a
present lien, with power of sale, on each Unit to secure
payment to the Association of any and all assessments
levied against such unit pursuant to this Declaration
together with interest thereon as herein provided, and
all costs of collection which may be paid or incurred by
the Association in connection therewith, includino reason-able attorneys' fees. No action shall be brought to
foreclose the lien securing an unpaid assessment until
.2407
Notice of Assessment Due signed by the Boat-d, or by any
Unitj Owner if the Board fails or refuses to act, has been
delivered to the Unit Owner of the Unit subject to such
assessment., and a copy of such Notice recorded in the
Office of the Recorder of San Diego County, California.
Said notice shall state the amount of the assessment to-
gether with the interest, costs and reasonable attorneys'
fees, a description of the Unit against which the same
has been assessed and the name or names of the record
Unit Owner or Owners thereof. After the expiration of
thirty (30) days from the date such Notice of Assessment
Due has been recorded an action may be commenced in the
name of the Association to foreclose the lien or such
action may be commenced by any Unit Owner if the Associa-
tion fails to act. Upon t-he declaration of an assessment
and the recording of notice thereof, the Association may,
at its option, declare the entire balance of all sums
then due or to become due from the Unit Owner due and
payable, which total sum may then be included in any
suit, action or proceeding brought to collect said sum,
including all costs, charges and attorneys1 fees. Not-
withstanding anything contajnc-d in this Declaration to
the contrary, no action may be brought to foreclose the
lien created herounder, whether judicially, by power of
sale, or otherwise, until the expiration o£ ten (10)
days after a copy of said Notice of Assessment Due,
showing the- date of recordatiijn thereof has been mailed
to tht Unit Owner of the Unit which is described in such
Notice.
Each Unit Owner does hereby waive, to the
extent of any liens created pursuant to the 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
efftct, or in L-ffuct from lime to time hereinafter.
4.7 P9yȣK or FOKKCUWURK AND _BM_,E: Eneli ol
the Unit Owne-rs OorJs hi-rcby gr.irit aiid ;ifjpoTnt the Associ-
ation as trustee to enforce- nny lien croatc'd pursuant to
this Dc-cl ar.i t i <>n and Lo force lor.i.- such li<?n by private
j*owtr of suit- .,s j'rovjfJcfJ i i) Title- 14, '."!».*(>ier 2r_ArtJcJe
-27-
2408
I of the California Civil Code and California Civil Code
Section 1356, as such statutes may be revised, amended or
altered from time to time, or by judicial foreclosure,
and does further grant the Association, as such Trustee,
the power and authority to sell the Unit of any such
defaulting Unit Owner, or any part thereof, to satisfy
said lien, for lawful money of the United States to the
'highest bidder.
The lien provided.for herein shall be in favor
of the Association and shall be for the benefit of all Unit
Owners and shall secure payment of all suras set forth in the
Notice of Assessment Due together with all sums becoming due
and payable in accordance with this Declaration after the
date of recordation of said Notice of Assessment. The
Association shall have the power to bid in at any foreclosure
sale and to purchase, acquire, hold, lease, mortgage and
convey any Unit. In the event such foreclosure is by action
in court, reasonable attorneys' fees, court costs, title search
fees, interest and all other costs and expenses shall be allowed
to the extent permitted by law. Each Owner, by becoming an
Owner of a Unit, hereby expressly waives any objection to the
enforcement and foreclosure of the lien created in this Declaration
in the manner set forth herein and also hereby expressly
waives the defense of the Statute of Limitations applicable
to the bringing of any suit or action thereon.
Any judgment secured hereunder against an individual
Unit Owner shall thereupon likewise become a lien on the Unit
if said Owner is still the Unit Owner or subsequently becomes
a Unit Owner of any type (until paid). The power of sale and
enforcement herein is intended to reside first in the
Association but thereafter, if not exercised, fully, in each
individual owner/member.
4.8 STATUS OF -ASSESSMENT LIEN: Upon request by
any Unit Owner, the Association will furnish, for the benefit
of any prospective purchaser or present or prospective
encumbrancer of such Unit, a statement showing all amounts
then due which are secured by such lien. A reasonable fee,
not to exceed Fifteen Dollars ($15.00) may be charged for
the preparation of such statement.
4.9 CERTIFICATE OF DISCHARGE OF LIEN: Upon
payment of the delinquent assessment or the satisfaction
thereof, the Association shall cause to be recorded in
the same manner as the Notice of Assessment Due a further
certificate stating satisfaction and release of the
-28-
•00 2409
lien thereof. A failure to record Said certificate of
discharge without good cause within thirty (30) days
after written demand by the Unit Owner of the affected
Unit shall entitle him to recover a penalty of Three
Hundred Dollars ($300.00) from the Board plus his actual
damages.
4.10 SUBORDINATION OF LIEN TO ENCUMBRANCE; Not-
withstanding any provision to the contrary herein contained:
A. The lien, for assessments created by
this Declaration shall be.subject and subordinate to and
shall not affect the rights of the holder of any recorded
first mortgage or first deed of trust upon such Unit made
in good faith and for value. In the event any lien imposed
under the provisions hereof ia destroyed by reason
of the foreclosure of any mortgage or deed of trust on
the Unit subject to such lien, there shall be a lien on
the interest of the purchaser at such foreclosure sale to
secure all assessments, whether regular or special, charged
to such Unit after the date of such foreclosure sale,
which lien shall have the same effect and be enforced in
the same manner as provided herein.
For purposes of this Paragraph, a mortgage or first
deed of trust may be given in good faith or for value
even through the mortgagee or the beneficiary of such first
mortgage or deed of trust has constructive or actual
knowledge of the assessment lien provisions of this
Declaration,
B. No amendment of this Paragraph shall
affect the rights of the holder of any such mortgage or
deed of trust recorded prior to recordation of such
amendment unless the mortgagee or beneficiary thereof
joins in the execution of such amendment.
4.11 ASSOCIATION FUNDS: The assessments coll-
ected by the Association shall be properly deposited into
two separate bank accounts selected by the Board,
which accounts shall be clearly designated as the
-29-
2410
"FARADAY OWNERS ASSOCIATION Current Maintenance and Operation
Account" and the 'FARADAY OWNERS ASSOCIATION Deferred Capital
Maintenance and Replacement Account". The assessments collected
by the Association shall be held in trust by the Association for
and on behalf of each Unit Owner and shall be used solely
for the operation, care and maintenance of the project as
-provided in this Declaration. The Board shall allocate a
portion of said funds as collected for the annual maintenance
and operation of the project as specified in the annual
budget and the Board shall allocate a portion of said
funds as collected as reserves for contingencies, replacement
and deferred maintenance of the capital improvements of the
project as specified in the annual budget. Said funds shall
be deposited, as allocated, into the appropriate bank accounts
and said accounts shall be separately maintained by the
Association. Upon sale or transfer of any Unit by any Owner,
the Owner's interest in the trust funds shall be deemed auto-
matically transferred to the successor or transferee of such
Owner. In the event that the Board retains a professional
management service, the Board may delegate the authority to
deposit or withdraw funds to responsible representatives
of the professional management agent so retained. Said
professional management agent may additionally be authorized
to establish a common trustee account for deposit of
assessments as collected. Any funds deposited in such a
common trustee account shall be allocated as previously
specified herein.
4.12 BOOKS OF ACCOUNT: The Board shall maintain
full, complete and correct books of account of the
operation of the project and vouchers supporting expenditures
and the same shall be open during all reasonable hours for
inspection by any Unit Owner. Any Unit Owner may at any
time and at his own expense cause an audit or inspection to
be made of the books and records of the Association. Said
books and records shall accurately detail in chronological
order the receipts and expenditures affecting the Common
Area, specifying and itemizing the maintenance and repair
expenses of the Common Area and any other expenses incurred.
...Of 2411
:. • All other books, records and papers of the Asso-
ciation, including, without limitation, the membership
register, minutes of meetings of the Board, Members or
committees of the Association, this Declaration, the
Articles and the By-Laws, shall also be open during all
reasonable hours for inspection and copying by any Unit
Owner or his duly appointed representative.
The Board shall establish reasonable rules with
respect to:
(1) Notice to be given to the custodian of such
books, records and other papers by a Unit
Owner desiring to inspect and/or copy the
same;
(2) Hours and days of the week when such in-
spection and/or copying may be made or done;
and
(3) Payment of the cost of copying books, rec-
ords or olhc-r papers requested by a Unit
Owner.
Every Director shall have the absolute right at
any reasonable time to inspect all books, records and
other papers of the As sue i fit ion and the properties owned
or controlled by the Association. The right of inspection
by a Director includes the riyht to make extracts and
copies of any iind all such books, records and other papers.
MtTJCi.E v
I'SKS, HtSTUCTlONS AND COVENANTS
A. Commercial C'ondoini ni urn Units: Each
Coj.tK.-rci a J Coi>Ju;ninium~UnTf shall "be °u!Te"d~for' services
'.•GMiOnly fi.uni) in a 'professional ol'l'iru I'omplex and the
-31-
...0' 2412
warehousing of goods, materials, supplies, merchandise and
other matters commonly found in commercial warehouses,
and for such light industrial uses as may be consistent
with the zon-'ng classification of the project.
B. Rental of Units; Any rental or lease of a
Unit shall be subject to this Declaration and the rules and
regulations established by the Board pursuant to Section 3.IB
of this Declaration. Each such rental or lease shall be by
written lease or other agreement specifying that the Tenant
shall be subject to all provisions of the Declaration, the
Articles, and the By-Laws, and the Rules, and that a failure
to comply therewith shall be a default under such lease or
agreement. The Unit Owner shall be responsible for the
Tenant's compliance with all provisions of this Declaration,
the Articles, the By-Laws and the Rules pertinent to the
occupancy and use of the Unit and the use of the Common
Area.
C. Use of Common Area: There shall be no use
of the Common Area except by the Owners thereof, their
employees, invitees, licensees or Tenants. There shall
be no obstruction of any'part of the Common Area. Nothing
shall be stored, kept, or parXed in the Common Area,
without the prior consent of the Association. No storage
closet, locker or facility of any kind shall be built,
placed, or kept in any part of the Common Area without
the prior approval of the Board. Nothing shall be done
or kept in the Common Area which will increase the rate
of insurance on any of the Project facilities without the
prior written consent of the Board. No Unit Owner shall
permit anything to be done or kept in the Common Area
which will result in the cancellation of insurance on any
Unit or any part of the Common Area or which would inter-
fere with rights of other Unit Owners or which would be
noxious or offensive to other Unit Owners or which would
be in violation of any governmental statute, ordinance, rule
or regulation. No waste shall be committed in the Common
Area.
D. Use of Units: No Unit Owner may permit or
suffer anything to be done or kept upon, in, or about his
Unit which will obstruct or interfere with the rights of
other Unit Owners or annoy other Unit Owners by unreasonable
noise, smell or otherwise, or which will be nxious or offensive
to other Unit Owners. Each unit Owner shall comply with all
of the requirements of all governmental authorities,_ federal,
state and local, and all laws, ordinances, rules, and regula-
tions applicable to his Unit. No Unit may be used as a
residence.
-32-
IMH
-Of 2413
E. Care of Unit and Appurtenances: Each Unit
Owner shall keep the interior of his individual Unit, and
all fixtures, appliances and appurtenances therein or
thereto in good condition and repair.
F. Uniformity of Exterior Appearancet No Unit
Owner shall place in the windows of his Unit, if any, any
drapery, shade, blind or other window covering which
causes the exterior appearance of the Property to become
non-uniform, except with the prior consent of the Board.
The Board shall have the power to designate specific
requirements to effectuate the provisions of this Subparagraph.
G. Common Rrea Improvements: No person other
than the Board and its duly euthorized agent shall construct,
reconstruct, refinish or alter any improvement upon the
Common Area.
H. Unauthorized Vehicles; No dilapidated
automobile, boat, trailer, recreation vehicle, camper, truck
or other such vehicular machine shall be parked or left
in any part of the Project. There shall be no rapair or
reconstruction of automobiles within the Project except
for emergency vehicle repairs, except as may otherwise be
expressly authorized by the Board, in its sole discretion
and determination. The Association may remove or cause
to be removed any unauthorized vehicle at the expense of
the owner thereof in any manner not inconsistent with law.
I. Signs. No sign of any kind shall be
installed or displayed on or from any Unit or the Common
Area except with the prior consent of the Board. All signs
shall be located in the areas designated on the signage plan
for the Project which has or will be filed with the City,
or in such areas as are subsequently designated by the City
by applicable ordinance. All signs shall be of a type and
color and constructed of materials in accordance with such
signage plan or applicable City ordinance. The total surface
area of all signs shall be as determined in accordance with
applicable City ordinance. All signs located in or at the
Project shall be wall-mounted and shall utilize individual
letters without illumination. Notwithstanding the foregoing,
any Unit owner, the Association, and/or Declarant may maintain
any sign required by legal proceedings. Unless legally required
to the contrary, or specifically authorized by the board,
all signs shall comply with the specifications set forth in
Exhibit "6" attached hereto. _
J. Parking: There shall be no over-night parking
of motor vehicles except in the parking areas located at the
rear of the buildings.
-33-
24H
K. structural Integrity; Nothing shall 'be done
in any Unit or in, on, or to the Common Area which will
impair the structural integrity of the Project. No devel-
opment shall be made of the air space above any Unit or
• the Common Area, without the approval of the Board.
L. animals; No animals of any kind shall be
raised, bred or kept in any Unit or in the Common Area.
M. Easements; As recorded on the property, there
exists certain reciprocal access easements, fire service
easements and subdrain and sump pump easements on the property.
No interference therewith shall occur and any damage, inter-
ference or other liability with regard thereto shall be
born by the causing or interfering Unit/Unit Owner. Notwithstanding
the foregoing, the ongoing maintenance costs of said easements
attributable to the Project shall be part of the assessments
and monetary obligation of the Unit Owners
N. Storage of Waste Materials: All garbage,
trash and accumulated waste material shall be placed and
kept in covered containers within each Unit or within an
enclosed garbage collection area which shall be maintained
by the Association. No garbage, trash or other waste material
shall be accumulated or stored outside of a Unit or the
enclosed garbage collection area maintained by the Association
except at pick-up times specifically deisgnated by the
Association. All garbage, trash and other waste materials
shall be kept in closed containers at all times.
The Association shall have the right and obligation to enforce
the provisions of this Paragraph 5.1M by arranging for the
unscheduled collection of accjmulated garbage and assessing a
reimbursement assessment against the defaulting Unit Owner
in accordance with Paragraph 4.4 of this Declaration. The
Association shall further have the right and obligation to
enforce any applicable City ordinance relating to refuse
disposal in accordance with the foregoing.
5.2 MAINTENANCE BY UNIT OWNER: The Associatioii
shall have the exclusive right to contract for all goods and
services, payment for which is to be made from the maintenance
fund. Each Unit Owner shall have the exclusive right, at his
sole cost and expense, to maintain, repair, paint, paper,
panel, plaster, tile and finish the interior surfaces~of the
ceilings, floors and the perimeter walls of his Unit and surfaces
of the bearing walls located within said Unit, and the surfaces
of any other finishes owned by the Unit Owner as herein defined.
-34-
...00 2415
Said Owner shall have the exclusive right to substitute
new finished surfaces for the finished surfaces then
existing on soid ceilings, floors and walls, including,
without limiting the generality of the foregoing, the
following: substitution of paint for paper or paper for
paint, substitution of wood for linoleum or tile, or
linoleum or tile for wood. Said Owners and their agents
. have the exclusive right to maintain, repair, paint,
finish, alter, substitute, add, or remove any fixtures
attached to said ceilings, floors or walls. This Para'
graph shall not be construed as permitting any interference
with or damage to the structural integrity of the
building. The Unit Owner shall be responsible and liable
for the maintenance and replacement of the finishes of
the interior walls, floors, and ceilings of the Unit.
\.C- 2416
5.3 ALTERATIONS OR ADDITIONS: A proposal for
any structural alteration or addition to the Common Area
may be made at any regular or special meeting of the Asso-
ciation, provided that said proposal shall be accepted
only upon the affirmative vote of at least two-thirds
(2/3) of each class of voting Members. Unless otherwise
agreed at the meeting of such Members, the cost of the
alteration or addition so approved shall be paid from the
maintenance fund, and the Association shall levy a special
assessment to cover said cost, which shall be shared among
the Unit Owners in proportion to their respective Inter-
est in the Common Area. The construction or Installation
of interior partitions which do not affect the structural
integrity of the Project and which are constructed by a
Unit Owner or such Unit Owner's lessee shall not require
the consent of the Board.
5.H PARTITIONS: Each interior partition con-
structed or installed to separate or separating individ-
ual Units shall constitute a party wall, and, to the ex-
tent not Inconsistent with this Declaration, the general
rules of law regarding party walls and liability for prop-
erty damage due to negligence or willful acts or omis-
sions shall apply thereto. The cost of reasonable repair
and maintenance of a party wall shall be shared by the
Owners who make use of the wall in proportion to such use.
If a party wall is destroyed or damaged by fire or other
casualty, any Owner who has used the wall may restore it,
and If the other Owners thereafter make use of the wall,
they shall contribute to the cost of restoration thereof
in proportion to such use without prejudice; subject, how-
ever, to the right of any such Owners to call for a larger
contribution from the others under any rule of law regar-
ding liability for negligent or willful acts or omissions.
Notwithstanding any other provision of this Section, an
owner who by his negligent or willful act causes the party
wall to be exposed to the elements shall bear the whole
cost of furnishing the necessary protection against such
elements. The right of any owner to contribution from any
other owner under this Paragraph shall be appurtenant to
the land and shall pass to such Owner's successors in
title. In the event of any dispute arising concerning a
-36-
2417
party wall, or under the provisions of this Paragraph,
such dispute shall be submitted in writing to the Board
for its review, and the written decision of the Board
shall be final and binding on the parties.
ARTICLE VI
EASEMENTS
6.2 UTILITIES: Thert is reserved for the bene-
fit of each Unit, as dominant tenement, an easement ^or
utility services over, under and through the Project, in-
cluding the Common Area and each other Unit, jointly, as
the servient tenement.
6.3 ENCROACHMENTS MtO PARTITIONS: There is
reserved for the benefit of each Unit, as dominant tene-
ment, an easement for encroachment, support, occupancv
and use of such portion of the Project and each other
Unit and the Common Area jointly as the servient tenement,
as shall be encroached upon, used and occupied bv the
dominant tenement as a result of any accretion, erosion,
addition, subsidence, deterioration, decay, construction
errors, movement or subsidence of any residence buildinn
or structure or any portion thereof or any other cause.
The easement of encroachment may be cured bv repair and
restoration of the structure.
6.4 REPAIRS: There is hereby reserved to the
Association an easement appurtenant to the Common Area
and all other Units, as dominant tenements, through each
Unit, as servient tenement, for the maintenance and repair
of the Common Area .
-37-
2418-
6.5 INGRESS AND EGRESS: There is hereby
reserved to each Unit,as dominant tenement, a nonexclu-
sive easement appurtenant to each Unit over and across
the Common Area, as servient tenement for ingress and
egress, and use and enjoyment of s^id Common Area subject
to the limitations provided in this Declaration.
6.6 EMERGENCY ESCAPES: There is reserved for
the benefit of each Unit, as dominant tenement, an ease-
ment for ingress and egress from and to the fire escaoes
and other emergency exits over, across and through the
other Units and the Common Area, jointly as the servient
tenement to be used only on an emergency basis.
ARTICLE VII
DAMAGE OR DESTRUCTION OF BUILDING: CONDEMNATION
7.1 DAMAGE TO SINGLE UNIT: If the Project is
damaged by fire or other casualty which is insured against
and said damage is limited to a single Unit, the insurance
proceeds shall be paid to the Owner or Owners of such
Unit, or the Beneficiaries thereof as their respective
interests appear, and such Owner or Beneficiary shall use
the same to rebuild or repair such Unit. In the event
the insurance proceeds are insufficient to complete such
work, the Unit Owner shall pay and advance such additional
sums as may be necessary to complete such rebuilding and
repair.
7.2 DAMAGE TO TWO OR MOKE UNITS OR COMMON AREA:
If such damage extends to two (2) or more Units or extends
to any part of the Common Area, then and in that event:
A, If the amount of available insurance
proceeds is at least eighty-five percent (85%) of the cost
of repairing or rebuilding the damaged property to its
original design and specifications, the insurance proceeds
shall be paid to the Association, and the Board shall
thereupon contract to repair or rebuild the damaqed por-
FIT
-,.C' 2419
tions of the Project, including all Units, and the Common
Area so damaged. In the event the insurance proceeds are
insufficient to pay all of the costs of repairing and/or
rebuilding, the Board shall levy a special assessment
against all Unit owners in proportion to their interest
in the Common Area to make up any deficiency; provided,
however, that the power_to levy such special assessment
shall be subject to a prior vote or written consent of a
majority of each class of members of the Association if
the assessment would cause additional assessments levied
in that fiscal year to exceed five percent (5%) of the
budgeted gross expenses of the Association for that fiscal
year.
B. In the event that the amount available
from such insurance proceeds is less than eighty-five
percent (85») of the cost of repairing or rebuilding, or
the vote of the Association disapproves the levy of an
additional assr-psment, then such insurance proceeds shall
be paid to a bank, savings and loan association or
trust company designated by the Bo.'ird. Such funds shall
be held for ttie benefit of all Unit Owners and their
mortgagees, as their respective interests shall appear,
pursuant to an insurance trust agreement consistent with
the provisions of this Declaration approved and executed
by the Board. The Board shall obtain bids from responsi-
ble contractors to restore the project, including all
damaged Units and all damaged Common Area to its condi-
tion immediately prior to such damaye or destruction and
shall, as soon as possible, call a special meeting of
the Association Members and all first mortgagees of
record to consider such bids. At such special meeting,
the Members shall accept or reject such bids by a vote
of not less than sixty pon:i.-nt (dO'i) of i.-och cliiss of
voting niuir.bi.-ru and seventy-five percent (75K.) of the
first mortgagees attending such meeting. In the event
a bid is ai-copteri, tin1 Board shall levy a special assess-
ment against all Unit Owners in proportion to their
interest in the Con.mon Area to make up the deficiency,
if any, between the total i nsur.'jnre proceeds and the
contract pricu for ;;uch repair or rebuilding. All insur-
ance proceeds, including any !-.uliji;cl to lions of Burn;fie-
If*
-39-
-0' 2420
iaries shall be used for such rebuildinq or repair. I*:
any bid shall be accepted to repair or rebuild, the
contractor shall provide a completion bond naminq the
Association and each Unit Owner as beneficiaries. In
the event all bids are rejected/ thr> Board shall recom-
mend such alternative reconstruction of the damaged or
destroyed improvements at a lesser cost as it deems
reasonable or adequate which alternatives shall be placed
to bid and voted upon as previously provided. In the
event that no such alternatives are accepted by the
Owners and first Beneficiaries, then the Board is hereby
empowered to, as the agent for all Owners, sell the
entire Project, including all Units, and the Common Area
in its then present condition, on terms satisfactorv to
the Board. The net proceeds of such sale, together with
the insurance proceeds, shall thereupon be distributed
to the Unit Owners and/or to the Beneficiary of anv
mortgage or deed of trust upon any Unit as their respec-
tive interest may appear in proportion to their ownership
interests in the Common Area.
7.3 CONDEMNATION OF COMMON AREA: If at any
time all or any portion of any Common Area, or anv inter-
est therein, be taken for any public or quasi-public use,
under any statute, by riqht of eminent domain or by pri-
vate purchase in lieu of eminent domain, the entire award
in condemnation shall be paid to the holder or holders
of the fee title to such Common Area as their interests
may appear.
ARTICLE VIII
RIGHTS OP MORTGAGEES AND TRUST DEED BENEFICIARIES
8.1 The trust deed beneficiaries of first
deeds of trust or mortgagees of units in the subject
property, herein called "Beneficiaries," shall be entitled
to the following rights and privileges:
A. Notice of Default: Beneficiaries, and/
or their successors and assigns, having so requested in
-40-
...0' 2421
writing to the Association of such a notice, shall be
entitled to written notification from the Association of
any default by the mortgagor or trustor of anv Unit in
the performance of such mortgagor's or trustor's mortga-
gor's obligations under the Declaration, the Articles
and the By-Laws which is not cured within thirty (30)
days.
B. Unpaid Assessments: Beneficiaries
who come into possession of the Unit pursuant to the
remedies provided in the mortgage or deed of trust for
foreclosure of the mortgage or deed of trust, excluding,
however, any conveyance in lieu of foreclosure, shall
take the Unit free of any claims For unpaid assessments
or charges against the Unit which accrue prior to the
time such holder comes into possession of the Unit excent
for claims for a prorata share of such assessments or
charges resulting from a prorata reallocation of such
assessments or charges to all Units including the mort-
gaged Unit.
C. Beneficiaries Approval: Unless at
least seventy-five percent(75) o? the <*irst Bene'icia-
ries, based upon one vote for each mortgage or deed of trust
owned, of Units, or seventy-five percent (75%) of the Unit
Owners have given their prior written approval, the
Association shall not be entitled to:
(1) By act or omission seek to abandon
or terminate the condominium
regimes;
(2) Change the prorata interest or ob-
ligations of any Commercial Condo-
minium Unit for (a) purposes of
levying assessments or charges or
allocating distributions of ha2-
ard insurance, proceeds or condem-
nation awards, and for (b) deter-
mining the prorata share of, ownor-ship of each Unit in appurtenant
-41-
2-123
real estate and any improvements
thereon which are owned by the
Unit Owners in the project in
undivided interests.
(3) Partition for subdivision of any
Commercial Condominium Unit.
U) By act or omission seek to aban-
don, partition, subdivide, en-
cumber, sell, or transfer the
Common Area. The granting uf
easements for public utilities
or for otVier public purposes con-
sistent with the intended use of
the Common Area by the Project
shall not be deemed a transfer
within the meaning of this
claure.
o
(Si Use hazard insuranee proceeds
for losses to i rrprovemen ts in
the Project, who ther to Units or
tf> Common .M oa , f ui* ot her than
the- i-i_-pa i r , rept oct. .'nt-nt or recon-
s L rue t i on of surh i mprcv ements ,
oxi I'i't -is pi ov i 'J'-d by st ;i Lute
in r.ist1 of r.ub:; t ,int i a 1 Joss to
I lie (jri j ts tjnd/or Common At ea of
the project.
C. Rc-c_ords ,>nj MOO t i ngs : Bone f i c i ar J cs
shall have the r iaht"fo~eVanTi"ne the Looks and records of
the As soc i :i I i en for the Connomi n i urn project. Upori request,
Dt nef i c i u r i c- b sha 11 l-t- cnt i 11 crl i o ; ece i ve on annual un-
sue} i Led f i r.j;r r ;,': J F l .j L ':in<?n t of L he' A.-JSOC i at i on within
ninety (90) coys (allowing the- <«nil of
wr i I ten not i ro of -'• 1 ) mcc-t i nijs v I t he
per rr. i l tt/d I o de••- i f?no tc j I'CTJI-'.-K.CM t ,i t. i
ii.ec-1 i ny i;.
any f iscal ytac ai\d
Abisoc i a t ion uiid be
f.' to ill tend <T )) such
ration sit a J 1 -*j i ve
pt i<»i i l^: NO
J On 1 1 owner , <
v i:; ion of this, [Xn: 1 J-
.iny other party, pr i oi -
2423
1 ty over any r icjhts of the Benepici,ir i es n-.irsnant '".o tht'i r
mortqaqes or deeds of trust in the caso oc .1 d i s tr i but i on
to the Unit Owners of insurance proceeds or condemnation
awards for losses to or A takinn of Units and 'or Common
Area,
F. Man.iaenent: An" aqreemont cor profes-
sional manaqement of the Condominium nro iect shall oro\'ide
that the management contract may be terminated For c/iubo
on thirty (30) days' written not ice nntl the term oe anv
such contract shall not exceed one (!) year, renewable bv
agreement of the parties for successive one-year periods.
r,. Not ice __g f __ Damage: The Associ^t ion
sha) 1 aqree to qive the Bcnof iciarios notice in wr i t in.i
of any loss to, or takinq of, the Common Area in the Pro-
ject if such loss or takinq exceed Von Thousand Dol lars
(SIO.OOO.OO1 .
H. Reserve Fund; An ndenuate reserve fund
for replacement and maintenance of the Common Area must
be established by the Association and be Bunded by reqular
monthly asocssnionts of Unit Owners.
v>
ARTICLE IX
MISCELLANEOUS PROVISIONS
9.1 MECHANIC'S LIENS: In case there sh/ill bo
filed a Notice of Mechanic' s Lien aqainst the "roicei:
for, or purporting to be for, labor or material aliened
to have been furnished or delivered at the Project r>r anv
Unit at the request of or "or the benefit o^ the Unit
Owner, the Unit Owner shall forthwith cause such lien to
be discharoed by payment, bonding nr otherwise. I* the
Unit Owner shall fail tr» ^--uise such 1 ien to be discharaed
by payment, bondinq or otherwise, the Board nvi" send
wri tten notice to said Unit Owner speciFvinq that unless
said Un it Owner discharges said lien within five (S) days
from the date of said notice, then the Board mav cause
said lien to be clischancd by payment or bond or otherwise.
-43-m
2424
Within said five (5) day period, the Unit Owner shall bo
permitted to address a hearing of the Hoard roctard inq the
validity of such lien or any offsets or defenses thereto.
The Board shall determine whether such lien adversely and
improperly a£ foots and encumbers the ownershin interests
of the Association or other Unit Owners. Should the
Board determine that said lien adversel" and improperIv
affects and encumbers ownership interests oc the Associa-
tion or other Unit Owners am.1, that no adequate protection
of said interests has been provided, the Board mru' c.?"^^
said lien to be di schnrged bv payment, binding or other-
wise. The Board shall have the riqht to collect from the
Unit Owner responsible for said lion ail amounts so paid
together with interest thereon at the leaal rate and all
costs and expenses paid or incurred in connection there-
with, including reasonable attorneys' *-"ee.s.
9.2 TERM Or DECLARATION: The provisions of
this Dec 1 aratioii~~sh"alT~con"t"ih"ue and be e* fective for a
term of fifty (50) years from the date o*7 this Declaration,
after which time this Declaration shall bo automatically
extended for successive periods of ten (10) years, until
a majority vote of the Unit Owners sh,ill determine that
this Declaration shall terminate.
9.3 AMENDMENTS r After the first conveyance bv
Declarant of a Unit in the Project, the provisions hereo*
may be amended by a vote or written consent of the record
Owners constituting not less than seventy-^ive percent
(75%) of both classes of membership. oc the Association.
In the event only one class of membership exists at the
time of the proposed amendment, said amendment shall re-
quire the vote or written consent of the record owners ok"
Units constituting seventy-five percent. (75'i) of the
Units. Notwithstanding the foregoina, amendment of an"
of the provisions of this Declaration shall renuire the
prior consent- of the City. Said amendment shall be effec-
tive upon the recordation in the Office of the Recorder
of San Diego County, California, where the Pro-i act is situ-
ated, of an instrument setting forth the terms thereof
duly certified and executed by tho President and Secretary
of the Association. Nothwithstandinq anything to the
contrary herein contained, no such amendment shall af*i=»ct
-44-
the rights of the Beneficiary of any deed oi trust or
mortgage recorded prior to the recordation of such amendment.
9.4 CONSTRUCTION OF PROVISIONS: The provisions
of this Declaration shall be liberally construed to effect
its purposes of creating a uniform plan for the development
and operation of a condominium development pursuant to the
provisions of Section 1350 et saq. of the California Civil
Code. Failure to enforce any provision h'?reof shall net
constitute a waiver of the right to enforce said provision
or any other provision hereof.
9.5 BIKD1KG; This Declaration shall be for the
benefit of and be binding upon all Unit Owners, their
respective heirs, legatees, devisees, executors, administra-
tors, guardians, conservators, successors, purchasers,
lessees, encumbrancers, donees, grantees, mortgagees, lienors
and assigns.
9.f SEVKRAHILITY OF PROVISIONS: The provisions
hereof shall be deemed independent and scverable, and the
invalidity or unenforceability of any one provision shall
not afect the validity or enforceabi1ity of any other
provision hereof.
9.7 GE'.TiKR, NUMBER AND CAPTION'S: As used he-rein,
the singular shall include the plural and the masculine shall
include the foniinine. The titles and captions of each
paragraph hereof arc not a part hereof and shall not affect
the construction or interpretation of any part hertiof,
IN WITNESS WHLRKOF, the undersigned Declarant
has executed the within Declaration the day and year first
above written.
M'.CI.AKANT:
(§'
l-'ARADAV RCSItlliSS PARK, A LIMITED
PARTNERSHIP
General '> I
si / / \ I *•
co-p 151
ptoved Ic mo on the basis ol satisfactory evidence
? IP oo one of ihc partners o' tho partnership
lhal executed the within instrument, and actmuiv lodged lo me irtai
partnership execute*! the same
OFFICIAL
LYNN ROGERS
WTMlr
L.I-- .m^..l
Ihr |>arliirr-lii|> tlial ,-,-, utitl lln- «i
aikn>mlr(lKiil In nip Unit xii-li . ,,f i.nrBli..n ritTiilitl Ihr -nni.-
,,n-li i.Arlni>f nn<t (I I, h t.,,ritf>rJii{- *\--m«t ilir same
2427
EXHIBIT "A"
UNIT I.D.
57-11 I'aliwi-r Kay, A
Bc
D
I'NDIVIDED I (UNIT)
1860
1S50
1970
2040
12SO
12SO
1280
1870
1730
261 4
1564
3705
1085
1085
1860
2100
3690
3865
5
•1 :'
\ Jamn .•%$>.
5 [P- i6 ™-
•' 2Q •4 S5
: o-:
5 ' O
5 |:«TJ
7
4
10
3
3
5
5
8C/5
£2•> ';
•»••&
" -|m-!m
' W
: 'IP
• :es!i^•SS-'i
^:
tenant sign criteria
2429
FARADAY BUSINESS PARK ' Ttn/int Sij;n ('.r i K
H KSKKSI Bl LI TIES:
The individual bui Iriing develops, and unit nr.-up.'.:>ts will have signing
ri-s|o'isi:iilHies. Those responsibilities include, IniL ?.ra ncit limited to,
sijjn design, construction and ii-a'intcnanre.
SICK r.iT.ciMivmoMS
Color:
Materials:
I/.'l.t<?r Style:
letter Sixer
Installatino:
Mi peellancous:
KCI:I' i. n !"d V..-if lor:
maroon (Panlono //206) lo n.'.tch Miii1,. piii/.';t.ri re
high ck-iisiiy ro.im with acrylic face
TENANT'S CHOICE
scaled to size of allowed sign space
to be flush nf.nin!.cd to building with si lie-one
sealant (for clean rr^ioval)
sign copy shall be lirail.ed to business naiie
(inly (no pictoral logos)
Visual Systrais, 9295 a»f/!:.-.;>.-ake Dr. "G"
S:,n Die£o, Ca. 97123 (d!9) 27S-Oi82
(;K\KMM, SJG.'.'At-K K--.nUJi\!".'-',rJM'S:
a) No sij-n sli;ill be p.-jinted directly onto a wall or surface of flny
building and all signs shall be kept in a "1 i.ke new" condition.
On notice by either Uie City or Linda Vista toners Association,
a tenant will be required to refurbish riny'sign.ng wliich doos not
qualify ;^s being acrc-ptable slandard.
b) Ko j*.-;,r»i. r,ij it ins of t.he ».-xii:rior building si I'Mclure will be >-:iM l:Ujd.
c) 7..-':ftni ^r.'ll be fully res;>:.-ns iMc for i be .-;---r,r :. • :s tif : he sii;n
d) K\> .>:":i^(>ii.l] i-x:L*M\ir :-..-*l«-rJBl will be J..-I.IMI i"d l.o i.-:..,:i'.5.
e) Ai.b irA'ANf SJC--:;V;F. K-TSIGN is SUBJECT *io AI^-HOVAL OF FARADAYU..'I;KKS ASsociA'i ION.
1" vinyl die cut Holvelica l-k'diui] (reverse cut for application insi.ie)
Jiv;iall lop line 5 ff-et fro.i) ^rci i.-xl to Iffr. or j'ij^'it of <lix>r ;=r, •:,•,'!'•;
(V-jjy t.o Ix: di^jiJ.-iyed lliLsh left.
WSERA5E
TECHNOLOGY
- - GROUP
The under.ij-gned, beneficiary under that c
trust recorded Au*ust 9' l98li as In
erta in
st rume
an Die
nd
a tion
by a q i
11 be
Official Records, S
California, does hereby consent to each a
previsions contained in the within Declar
Conditions and Restrictions and does here
lien and charge of said deed of trust sha
of Covenants, Conditions and Restrictions
effect ther eo f.
PKOPT.E'S HANK, .i/Cnl if