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2017.04.17 CC Packet
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2017.04.17 CC Packet
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City Council
Document Type
Minutes
Meeting Date
4/17/2017
Meeting Type
Regular
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reasonably necessary for the completion of such repair or restoration activities and shall (i) <br />perform such obligations hereunder in a good and workmanlike manner using materials and <br />construction methods that are of a quality and character consistent with original construction <br />thereof, (ii) comply with all laws, ordinances, regulations and requirements now or hereafter <br />enacted or promulgated by the City or any other governmental body having jurisdiction over the <br />repair or restoration; (iii) proceed diligently, promptly and in good faith with the required repair <br />or restoration activity; and (iv) employ every reasonable effort to avoid damage to or interference <br />with the property of other parties. <br />10.7 Notice to Master Developer. Recognizing that the Master Developer is obligated <br />to disclose to prospective purchasers the Master Association's projected budget, it is important <br />that the Master Developer be advised of any budget changes following the termination of the <br />Master Developer Control Period. Accordingly, the Master Association shall give the Master <br />Developer at least thirty (30) days' prior written notice of any change in the Master <br />Association's insurance policies until the Master Developer no longer owns any Unit for initial <br />sale and no longer has the right to add Additional Property to the Property. <br />SECTION 11 <br />COMPLIANCE AND REMEDIES <br />11.1 Entitlement to Relief. The Master Association has authority to commence legal <br />action to recover sums due, for damages, for injunctive relief, or any combination thereof, or an <br />action for any other relief authorized by the Master Governing Documents or available at law or <br />in equity. Legal relief may be sought by the Master Association against any Member or Owner, <br />or by a Member against the Master Association or another Member or Owner, to enforce <br />compliance with the Master Governing Documents, MCIOA or the decisions of the Master <br />Association. However, no Member or Owner may withhold any Master Assessments, or take or <br />omit other action in violation of the Master Governing Documents, or MCIOA as a measure to <br />enforce such Person's position, or for any other reason. <br />11.2 Remedies. In addition to any other remedies, express or implied, administrative <br />or legal, the Master Association shall have the right, but not the obligation, to implement any one <br />or more of the following actions against Owners or Members which violate the provisions of the <br />Master Governing Documents, or MCIOA: <br />11.2.1 Exercise self-help or take action to abate any violation of the Master <br />Governing Documents (including removing personal property that violates the Master <br />Governing Documents). <br />11.2.2 Commence legal action for damages or equitable relief in any court of <br />competent jurisdiction. <br />11.2.3 Impose late charges of up to the greater of $100, or 15% of the amount <br />past due, for each past due Master Assessment or installment thereof, and impose interest <br />at the highest rate permitted by law on all such unpaid amounts from the due date. <br />11.2.4 If any Master Assessment or installment thereof becomes more than thirty <br />(30) days past due, all remaining installments of assessments assessed against the <br />30 <br />2190398.v1 <br />
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