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PC Packet 03.23.17
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PC Packet 03.23.17
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11/18/2025 3:03:18 PM
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Commissions
Meeting Date
3/23/2017
Document Type
Agenda/Packets
Commission Name
Planning
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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 /> 219o398.v1 <br />
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