NoticeCal. Super. - 6th Dist.May 2, 2018BERDING | WEIL LLP 3240 Stone Valley Road West Alamo, California 94507 NOTICE OF CLAIM TO SURPLUS FUNDS -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Andrea L. O’Toole, California Bar No. 232653 Ekaterina E. Solomatina, California Bar No. 288015 BERDING & WEIL LLP 2175 N California Blvd, Suite 500 Walnut Creek, California 94596 Telephone: 925/838-2090 Facsimile: 925/820-5592 sbonato@berdingweil.com ksolomatina@berdingweil.com Attorneys for CROSSROADS CONDOMINIUM OWNERS ASSOCIATION SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA IN RE 488 DEMPSEY ROAD #291 MILPITAS, CA 95035 / No. 18CV327505 NOTICE OF CLAIM TO SURPLUS FUNDS Petition Filed: May 2, 2018 TO THE CLERK OF THE COUNTY OF SANTA CLARA: PLEASE TAKE NOTICE that CROSSROAD CONDOMINIUM OWNERS ASSOCIATION (“Association”), a nonprofit mutual benefit corporation in good standing, duly organized and existing under the laws of the State of California, which was, and is, a homeowners association established to manage a common interest development as defined under section 4100 of the California Civil Code, with its principal place of business in the County of Santa Clara, State of California, is entitled to the surplus funds, or a part thereof, arising from the trustee sale made on January 24, 2018 involving the Subject Property defined herein and that this said claim thereupon amounts to twenty-six thousand, one hundred and three dollars, and twenty-eight cents ($26,103.28) with interest thereon from January 24, 2018 (the “Association’s Claim”). The property which was the subject of the trustee sale is a condominium unit located within the Crossroads condominium project (the “Project”) and is commonly known and described as 488 Dempsey Road, #291, Milpitas, California (the “Subject Property”). The Subject Property is subject to that certain Crossroads Declaration of Covenants and Restrictions Establishing a Plan Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/1/2018 5:02 PM Reviewed By: A. Hwang Case #18CV327505 Envelope: 1582161 18CV327505 Santa Clara - Civil BERDING | WEIL LLP 3240 Stone Valley Road West Alamo, California 94507 NOTICE OF CLAIM TO SURPLUS FUNDS -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 for Condominium Ownership, recorded as Document No. 19167537, on November 2, 2006, in the Santa Clara County Official Records (“Declaration”). See the Declaration attached hereto as Exhibit A. The covenants and restrictions contained in the Declaration constitute enforceable, equitable servitudes under California Civil Code section 5975, which inure to the benefit of, and are binding upon, all units within the Project, including the Subject Property, and their owners. The Association’s Claim is made by virtue of the fact that: (1) prior to the January 24, 2018 trustee sale, the Subject Property and its owner were delinquent in the payment of Association’s assessments; (2) Association recorded a Notice of Delinquent Assessment against the Subject Property on April 13, 2017 as Document Number 23624609 in Santa Clara County Official Records; and (3) Association is entitled to the surplus funds in the amount of $26,103.28 pursuant to the Declaration and Civil Code sections 5700, et seq. The documentation in support of the Association’s Claim is attached hereto as Exhibit B. Date: May 30, 2018 BERDING & WEIL LLP By:____________________________________ Andrea L. O’Toole Ekaterina E. Solomatina Attorneys for Crossroads Condominium Owners Association BERDING & WEIL, LLP 2175 N California Blvd Suite 500 Walnut Creek, California 94596 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A Fees.. Taxes.. Copies AMT PAID DOCUMENT 19167537 II Pages: 77 235.00 235.00 RECORDING REQUESTED BY: Stewart Title Company of California WHEN RECORDED MAIL TO:\ (Ana & Van Atta _ -5 University Avenue, Suire 705 Palo Alto, California 94301 32417313 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Stewart Title of California RDE # 001 11/02/2006 8:00 AM CROSSROADS DECLARATION OF COVENANTS AND RESTRICTIONS ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP DOCUMENT TITLE SEPARATE PAGE PURSUANT TO GOVERNMENT CODE 27361.6 RDING ESTED art tle pany lifornia ED 1na & Van An _ i ersity ue, , rnia 3 CUMENT: 167537 I U IIIIIII~ 1111111 A S R d re if ges: 7 _ 0 . 0 ROE ** 001 /2006 ( SSROADS RATION ANTS ICTIONS BLISHING INIUM RSHIP ENT RATE SUANT ERNMENT E 61.6 When Recorded Return To: Hanna & Van Atta 525 University Avenue, Suite 705 Palo Alto, California 94301 CROSSROADS DECLARATION OF COVENANTS AND RESTRICTIONS ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP THIS DECLARATION CONTAINS A BINDING ARBITRATION PROVISION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT. You MUST READ THE ARBITRATION PROVISION CAREFULLY AND SHOULD CONSULT LEGAL COUNSEL WITH ANY QUESTIONS. IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, SOURCE OF INCOME AS DEFINED IN SUBDIVISION (P) OF SECTION 12955, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956.2 OF THE GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. Law Off irrr of Harty & Van A tla 515 VNIVINS1TY AVINUL, S111Tr703 PALO Al TO, CA 943111 TTI.P,POONV 1650) 321-0700 , ( rded a t ersity ue. it I~ ifornia DS TI N I I NS ISHING I I IP I ATION CONTAI A BI I A I I I NCE I L I ATION T. ITRATION I I LLY TIONS. I I I I CE, LOR, I I N, , I FAMILI T , MA IT , I I I , I I I , I DIVISION (p) TION , Y, REST I VI ST I I I V I AND MAY BE REMOVE PURS SE I . ENT C LAWFUL RESTRICTION UNDER STA A F L O TS I S H PE L I I L . lAo' OJlirrr if nn.a & Van Al > S2j U IYJJlmV I..N . Stl T 70S W L el I14)UI rU.J:IltIONI' 1650) ]21·~'OO CROSSROADS DECLARATION OF COVENANTS AND RESTRICTIONS ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP TABLE OF CONTENTS INTRODUCTORY PARAGRAPHS A through E 1 ARTICLE I. DEFINITIONS 2 1.1. "Architectural Control Committee or Committee"' 2 1.2. "Articles": 2 1.3. "Assessment": 2 1.4. "Assessment Lien": 2 1.5. "Association"• 2 1.6. "Association Property" 2 1.7. "Balconyy': 2 1.8. "Board" or "Board of Directors"' 2 1.9. "Budget"' 2 1.10. "Building": 2 1.11. "Bylaws"' 2 1.12. "City": 3 1.13. "Common Area(s)". 3 1.14. "Common Expenses": 3 1.15. "Common Interest": 3 1.16, "Condominium"• 3 1.17. "Condominium Building": 3 1.18. "Condominium Plan"' 3 1.19. "County": 3 1.20. "Davis-Stirling Act": 3 1,21. "Declarant"- 3 1.22. "Declaration": 3 1.23. "Design Guidelines": 4 1.24, "Development Activities"- 4 1.25. "Development Plan"' 4 1.26. "DRE": 4 1.27. "Eligible Mortgages": 4 1.28. "Eligible Mortgage Holder"• 4 1.29. "Eligible Insurer or Guarantor"' 4 1.30. "Exclusive Use Common Area": 4 1.31. "First Lender"• 4 1.32. "First Mortgage"' 4 1.33. "Foreclosure"' 4 1.34. "Governing Documents": 4 1.35. "Improvements": 5 1.36. "Maintenance Guidelines": 5 1.37. "Maintenance Manual". 5 1.38. "Major Components": 5 1.39, "Map": 5 1.40. "Member"- 5 1.41. "Mortgage": 5 1.42. "Mortgagee": 5 1.43. "Mortgagor"' 5 1.44. "Notice of Delinquent Assessment": 5 1.45. "Owner" or "Owners": 6 1.46. "Parking Space". 6 1.47, "Patio": 6 1.48. "Person"' 6 10/4/06 TAWPW1N601PROJECTS1CROSSROADS\DEC 10.04.06.DOC ( I I I S I I I IUM HIP I TORY S t I LE I. I I I S '" ( . . . . . . . . . 3. 4. . . . 8. . 0. . 1. . . 5. . . 9. 0. . . 4. 5. 7. . . .40. . . . 5. . . . " r it tural tr l itt e itt e": ti l ": " nt": " ent i " i ti ": " i tion rty" " l ": : " r " r r f i tors": " t": ; il i ": " l ": : 3 "Co mon Are )": "Co mon Expe ": " I t t : "Condomini ": inium i ": "Condomini l ": " t : " i - tirling : l r nt": ; 3 " l r ti n": " i i li ": l ent tivities": "Developme Pl : : "O ": " li i l t s": ; li i l : li i l r r rantor": "Exclusive Use Com Ar i t : i t ": " r l sure": "Governing Docu ts": "I r ents": " i t nce i lines": "Maintenanc Ma l": 5 "Major Compo ts": : "Mem r": , t ": 5 " rt ": " rt or": ti li nt s ent": "Owner" or "Ow ": i : ti , ": , / /06 :\ IN60\PROJECTS\CROSSROADSIJ)EC . . C 1.50. "Project"' 6 1.51. "Public Report"' 6 1.52. "Regular Assessments": 6 1,53. "Reimbursement Charge"• 6 1.54. "Reserves or Reserve Funds": 6 1,55. "Rules' 6 1.56. "Special Assessments"' 6 1.57. "Storage Space": 7 1.58. "Undivided Interest Common Area": 7 1.59. "Unit"' 7 1.60. "Utility Facilities": 7 ARTICLE II. DESCRIPTION OF PROJECT, DIVISION OF PROPERTY, AND CREATION OF PROPERTY RIGHTS 7 2.1. Description of Project 7 2.2. Phasing' 7 2.3. Division of Property 7 A. Units 7 B. Common Areas 8 C. Exclusive Use Common Areas 9 D. Reserved Rights of Declarant and Board over Common Areas 9 2.4. Parking 10 2.5. Rights of Entry and Use 11 2.6. Partition Prohibited 11 2.7. Telecommunications Easement 11 2.8. All Easements Part of Common Plan 12 ARTICLE III. ASSOCIATION, ADMINISTRATION, MEMBERSHIP AND VOTING RIGHTS 12 3.1. Association to Manage Common Areas 12 3.2. Membership 12 3.3. Transferred Membership 12 3.4. Membership and Voting Rights 12 3.6. Membership and Voting Rights 13 ARTICLE IV. ASSESSMENTS AND LIENS 14 4.1. Creation of the Lien and Personal Obligation of Assessments 14 4.2. Purpose of Assessments 14 4.3. Assessments 14 A. Regular Assessments 14 B. Special Assessments: 15 4.4. Restrictions on Increases in Regular Assessments or Special Assessments: 15 A. Restrictions 15 B. Assessments - Emergency Situations 15 C. Notice and Quorum for Any Action Authorized Under Section 4.4' 16 4.5. Division of Assessments 16 4.6. Date of Commencement of Regular Assessment; Due Dates 16 4.7. Effect of Nonpayment of Assessments 16 4.8. Transfer of Condominium by Sale or Foreclosure 17 4.9. Priorities; Enforcement; Remedies 17 A. Statement of Charges 17 B. Payment Plan 18 C. Notice of Delinquent Assessment 18 D. Lien Releases 18 E. Enforcement of Assessment Lien and Limitations on Foreclosure 19 F. Foreclosure 19 G. Sale by Trustee 20 H. Purchase By Association 20 I. Suspension of Rights of Delinquent Owner 21 J. Fines and Penalties 21 4.10. Reimbursement Charges 21 4.11. Unallocated Taxes 21 10/4/06 T:\WPWIN60\PROJECTS\CROSSROADS\DEC 10.04.06.DOC 1.50. " r j ct": 6 1.51. " li rt": , 6 1.52. "Regular A sess ts"; 6 1.53. "Reimburseme t Charg : 6 1.54. "Reserves or Reserve Fun 6 1.55. " les": 6 1.56. " i l s ents": 6 1.57. " t r : 7 1.58. "Undivided Interest Com Ar 7 1.59. " it": 7 1.60. " tilit iliti : 7 I II. I P DI I , TI F TY I 7 2.1. scri ti n f r j 7 2.2. si g: 7 2.3. ivisi f r t 7 . it 7 . n 8 . xcl i , · ·..· 9 D. eserve i t f l t 9 2.4. rki g 10 2.5. i t f tr · · ·· · 11 2.6. rtiti i i 11 2.7. l c unications t 11 2.8. ll ts t 12 I III. I I , TION, I I I 12 3.1. i tion t n · · · · ·..· · 12 3.2. rship 12 3.3. r f rred i 12 3.4. r ip i 12 3.6. e bers ip ti i 13 A TI L I . NTS 14 4.1. r ti f t i l i nts 14 4.2. urpos f ents 14 4.3. Asse sm ts 14 . l r ents 14 . ci l ents: 15 . . stri ti I i ents i l s ents: 15 . stri ti ns 15 . ss ents - · · · · 15 . otice r f ri d : 16 4.5. ivisi f ents 16 4.6. t f ent ent; ·..·..· 16 4.7. ff ct f t ents 16 4.8. Transfer f i i re 17 4.9. ri riti ; f r t; i 17 . t t nt f 17 . y t l 18 . tic f li t ent 18 . Li l s 18 . nforc t f t Li i 19 . r l ure 19 . l r t 20 . rc i ti n · · 20 I. s i n f i t t r · · · 21 J. i s lti 21 4.10. Reimburseme t Char 21 ('. . . . ll t d · 21 ii / /06 IN60\PROJECTS\CROSSROADSI EC . . . OC 4.12. Estoppel Certificate 22 ARTICLE V. DUTIES AND POWERS OF THE ASSOCIATION 22 5.1. Duties 22 A. Association Property* 22 B. Maintenance 22 C. Inspection and Maintenance Guidelines 24 D. Insurance 25 E. Water and Other Utilities 25 F. Discharge of Liens 26 G. Assessments 26 H. Payment of Expenses and Taxes 26 I. Enforcement 26 J. Operation of Project 26 5.2. Powers 26 A. Utility Service 26 B. Easements 26 C. Manager 26 D. Adoption of Rules 27 E. Access 27 F. Assessments and Liens 27 G. Fines and Disciplinary Action 27 H. Enforcement 27 I. Acquisition and Disposition of Property 27 J. Loans 28 K. Dedication 28 L. Contracts 28 M. Delegation 29 N. Use of Recreational Facilities 29 0. Security 29 P. Appointment of Trustee 29 Q. Litigation/Arbitration 29 R. Other Powers 30 S. Common Area Improvements 30 T. Granting Rights 30 5.3. Commencement of Association's Duties and Powers 30 ARTICLE VI. UTILITIES 30 6.1. Owners' Rights and Duties 30 6.2. Easements for Utilities and Maintenance 31 6.3. Association's Duties 31 ARTICLE VII. USE RESTRICTIONS 32 7.1. Condominium Use 32 7.2. Nuisances 33 7.3. Permitted Vehicles and Parking 33 7.4. Signs 35 7.5. Animals 35 7.6. Garbage and Refuse Disposal 35 7.7. Antenna Restrictions 36 A. Definition 36 B. Restrictions on Installation 36 C. Prohibitions on Installation 36 D. Review after Installation 36 E. Restatement of Applicable Law 37 7.8. Right to Lease 37 7.9. Architectural Control 38 7.10. Structural Integrity 42 7.11. Window Coverings 42 7.12. Clothes Lines 42 7.13. Power Equipment and Motor Vehicle Maintenance 42 10/4/06 Ili TAWPWIN601PROJECTS \CROSSROADS \DEC 1 0.04.06.DOC ( ( ( '. 4.12. Estoppel Certificate , , 22ARTICLE V. DUTIES AND P I I N 225.1. Duties .........................................................•.............................................................................. 22A. Association Property: 22B. Maintenance 22C. Inspection and ainten ce i l ·..· ·..··..·· · 24D. Insurance 25E. Water and ther tiliti 25F. Discharge of Liens ·· ··· ·· 26G. Assessments 26H. Payment of Expenses · · ·..· · ·· 26I. Enforcement 26J. Operation of Project 265.2. Powers 26A. ,Utility Service 26B. Easements 26C. Manager 26D. Adoption of Rules 27E. Access 27F. Assessments and Liens 27G. Fines and Disciplinary cti 27H. Enforcement 27I. Acquisition and Disposition f r rt 27J. Loans 28K. Dedication 28L. Contracts 28M. Delegation 29N. Use of Recreational ciliti 29O. Security , 29P. Appointment of Trustee 29Q. Litigation/Arbitration 29R. Other Powers , ; 30S. Common Area I prove ents 30T. Granting Rights 305.3. Commencement of ssoci ti 's ti · ·..·..· · 30ARTICLE VI. UTILITIES 306.1. Owners' Rights and uti s 306.2. Easements for tilities i ·..·..· ·..· · 316.3. Association's uties :: :: 31ARTICLE VII. USE REST I TIONS 327.1. Condo iniu s ·..· ·..· 327.2. Nuisances 337.3. Permitted Vehicles a r i 337.4. Signs 357.5. Animals 357.6. Garbage and efus i l ··..·..· ·..·· 357.7. Antenna Restrictions 36A. Definition 36B. Restrictions on Install ti n 36C. Prohibitions on Inst ll tion ··· ·..·· · · 36D. Review after Installation 36E. Restatement of Applicable 377.8. Right to Lease 377.9. Architectural Control · 387.10. Structural Integrity 427.11. Window Coverings 427.12. Clothes Lines 427.13. Power Equipment and Motor Vehicle Maint · · ·..·..· · 42 iii / /06 T:\ I 60\PROJECTS\CROSSROADS\DEC 10.04.06.DOC 7.14. Liability of Owners for Damage to Common Area 42 7.15. Basketball Standards and Sports Apparatus 42 7,16. Commonly Metered Utilities 43 7,17. Flags, Pennants, Banners, Etc 43 7.18. Water Bed Restrictions 43 7.19. Activities Causing Increase in Insurance Rates 43 7.20. Common Area Use 43 7.21. Storage Area Use: 43 7.22. Owner's Right and Obligation to Maintain and Repair 43 7.23. Fire Restrictions 44 7.24. Water Supply System 44 7.27. View Obstructions 46 7.28. Rights of Disabled 46 7.29. Smoking Restrictions 46 7.30. Moving In/Out and Contractor Rules 46 ARTICLE VIII. INSURANCE; DAMAGE OR DESTRUCTION; CONDEMNATION 47 8.1 Insurance 47 A. Policies 47 B. Amount, Term and Coverage 48 C. Representation for Claims 48 D. Waiver of Subrogation 48 A. Review of Policies 48 B. Separate Insurance Limitations 48 C. Copies of Policies; Notice to Members 49 D. Limitation on Liability 49 E. Policies and Procedures Regarding the Filing and Processing of Claims 49 8.2. Damage or Destruction 49 A. Process For Repair or Reconstruction 50 B. Process If Repair or Reconstruction Not Undertaken 50 8.3. Condemnation 51 8.4. Condemnation of Exclusive Use Common Area 52 8.5. Portions of Awards in Condemnation Not Compensatory for Value of Real Property 52 ARTICLE IX. GENERAL PROVISIONS 52 9.1. Enforcement 52 9.2. Invalidity of Any Provision 52 9.3. Term 52 9.4. Amendments 53 A. Unilateral Amendment by Declarant 53 B. Amendment by Members 53 C. Amendments Regarding Initiation of Construction Defect Claims 53 D. Amendments Requiring Consent of Owners 53 9.5. Encroachment Rights 53 9.6. Rights of First Lenders 54 A. Copies of Governing Documents 54 B. Audited Statement 54 C. Notice of Action 54 D. Consent to Action 55 E. Right of First Refusal 56 F. Contracts 56 G. Reserves 56 H. Priority of Liens 56 1. Distribution of Insurance or Condemnation Proceeds 57 J. Termination of Professional Management 57 K. Status of Loan to Facilitate Resale 57 L. Right to Appear at Meetings 57 9.7. Limitation of Restrictions on Declarant/Rights of Declarant 57 9.8. Termination of Any Responsibility of Declarant 58 9.10. Owners' Compliance 59 10/4/06 iv TAWPWIN601PROJECTSICROSSROADS\DEC 10.04.06.DOC 7.14. Liability of Owners for Damage to Co 42 7.15. Basketball Standards and Sports Ap t s · ····· 42 7.16. Co monly Metered Utiliti ·..··..· ······ 43 7.17. Flags, en t , r . .: 43 7.18. Water Bed Restricti s 43 7.19. Activities si I r i e 43 7.20. Co mon Area Us 43 7.21. Storage r : 43 7.22. Owner's ight a li ti t i 43 7.23. Fire estricti s 44 7.24. Water Supply Syst 44 7.27. View Obstructi s 46 7.28. ights of is l 46 7.29. Smoking Restricti " 467.30. Moving InlOut and Contract r R l 46 ARTICLE VIII. IN ; I N; TION : 47 8.1 Insurance , 47 A. Policies 47 B. A ount, r ··..· · 48 C. epresent tion f r l i 48 D. aiver of r ti 48 A. evie of li i 48 B. Separate Insura c U it ti s ···· · ~ 48 C. opies of lici ; ti t rs · · · ·..·.. 49 D. Li itation i ilit 49 E. Policies a r r il ing f l i 49 8.2. a age or tr ti n 49A. Process For e ir r t tion 50 B. Process If epair r tr tion 50 8.3. Conde nation 51 8.4. Conde nation' of l i .........•....................................... · · 52 8.5. Portions of r i tion satory f r lue f l r rty 52 ARTICLE IX. i i NS ·· · 52 9.1. nforc ent 52 9.2. Invalidity of r i i ·..· · ·· 52 9.3. Ter 52 9.4. Amendments , 53 A. nilateral nt l r t.. · ·..·..··..· · 53 B. A end ent r : 53 C. A end ents r i I iti ti ti n 53 D. A end ents iri t r · · · · · 53 9.5. Encroach ent i t 53 9.6. Rights of First L r 54 A. opies of r i ts 54 B. Audited tate t 54 C. Notice of ction 54 D. onsent to cti 55 E. ight f ir t f l · · · 56 F. ontracts 56 G. Reserves 56 H. Priority of i 561. Distribution of I s r r ation ·..·..·..· 57J. Ter ination of r f i l ent K. tatus f t ili ·..·..· ·..· · 57 L. lght to r t ti · · ·..· · 57 9.7. Li itation f tri ti t/ ights t.. · · ·.. 57 9.8. Ter ination f i ility t.. · ·· ·..· · 9.10. ners' li 59 :\W I 60\P ROJECTS\CROSSROADS\DEC 0.04 . .DOC 9.11. Notice 60 9.12. Inspection and Acceptance of Common Area Improvements 60 A. Walk-Through Inspection 60 B. Neutral Expert 60 C. Acceptance and Release 61 D. Bond Release Disputes 61 9.13. Special Provisions Relating to Enforcement of Declarant's Obligation to Complete Common Area Improvements 61 9.14. Special Provisions Relating to Enforcement of Declarant's Obligation to Pay Assessments 62 9.15. Use of Recreation Building by Declarant 63 9.16. Fair Housing 63 9.17. Dispute Resolution 63 A. Claims for Declaratory Relief or Enforcement of Project Documents 63 B. Design or Construction Defect Claims 63 C. Notices to Members of Legal Proceedings Against Declarant 64 D. Arbitration of Disputes 64 9.16. Number; Gender 65 9.19. Power of Attorney '66 9.20. "General Rules": 66 9.21. "Articles, Sections and Exhibits": 66 9.22. "Priorities and Inconsistencies": 66 9.23. "Severability". 66 9.24. "Statutory References": 66 10/4/06 V TAWPWIN601PROJECTS\CROSSROADSIDEC 10.04.06.000 ( ( 9.11. Notice 609.12. Inspection and Acceptance of Common Area Impr ts 0 A. alk-Through Ins tion 60 B. Neutral Expert 60 C. Acceptance and l 61 D. Bond eleas i t s 61 9.13. Special Provisions Relating to Enforcement of Declarant's Obligati to plete o on Area I prove ents 61 9.14. pecial r i i s l i t t's li ti t y ssess ents 62 9.15. Use of ecr ti il i t.. · · · ··..·· 63 9.16. Fair ousin 63 9.17. Dispute es l tion 63 A. Clai s for cl r t ry li f t ts 3 B. Design or Construction f t l i 63 C. otices to rs f l r i t t 64 D. Arbitration of i t s 64 9.18. Nu ber; e r 65 9.19. Power of ttorney '66 9.20. " eneral ul s": , 66 9.21. "Articles, ections i it : ...............................................................................•............... 66 9.22. "Priorities and Inc i t ncies": 66 9.23. "Severability": , 66 9.24. "Statutory f r nces": _ 66 v / 6 :\ PWIN60\PROJECTS\CROSSROADS\DEC 10.04.06.DOC CROSSROADS DECLARATION OF COVENANTS AND RESTRICTIONS ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP THIS DECLARATION, made on the date hereinafter set forth, by Pacifica Milpitas LLC, a California limited liability company, hereinafter referred to as "Declarant," is made with reference to the following facts: A. Location of Property. Declarant is the Owner of certain real property (the "Property") located in the City of Milpitas ("City"), County of Santa Clara ("County"), State of California, more particularly described as "Tract No. 7689 Indian Hills" on that certain Map filed for record in the Office of the Recorder of Santa Clara County, California, on October 17, 1985 in Book 550 of Maps, page(s) 40 and 41. B. Intention. The Property has been approved for a condominium project consisting of existing improvements and structures consisting of 200 residential Condominiums. Declarant intends by this Declaration to establish the Property as a "condominium project," as defined in Section 1351(f) of the California Civil Code to establish "condominiums" as defined in Section 783 of the California Civil Code and to impose mutually beneficial restrictions under a general plan of improvement for the benefit of all the Condominiums created pursuant to the Davis-Stirling Common Interest Development Act. C. Owner's Interest. The development shall be referred to as the "Project" as defined in Section 1.50. The Owner of a Condominium will receive a separate interest in an individual Unit and an undivided 1/200th fractional interest in common in the Undivided Interest Common Area as shown and described on the Condominium Plan. Each Condominium shall have appurtenant to it a membership in the CROSSROADS CONDOMINIUM OWNERS ASSOCIATION, a nonprofit mutual benefit corporation, which shall own the Common Areas described as the Association Property. D. General Plan of Improvement. Declarant intends by this document to impose upon the Project mutually beneficial restrictions under a general plan of improvement for the benefit of all of the Condominiums and the. Owners thereof. E. Not New Construction. The Improvements within the Property were originally constructed in 1977 and are, therefore not new. Since its original construction, the Project has operated as a residential rental community. Declarant purchased the Property in February, 2006. Other than the "Development Activities"(as herein defined), Declarant did not build any of the other Improvements within the Property. Declarant has caused certain physical investigations to be made of the Community and reports have been prepared based upon such investigations ("Inspection Reports"), which Declarant has made available, upon request, to initial purchasers of Units from Declarant. Except for inspections detailed in the Inspection Reports, Declarant has not inspected the Project Improvements. Because the Project is not new construction, the Project may not comply with all of the current building codes and may not comply with other applicable laws that have been enacted since the Project was built. Except as may be required by applicable law or by separate agreement with a Purchaser, Declarant does not intend to bring the Project up to current building code standards or to correct other deficiencies. This means that there may be defects in the Project that Declarant has not discovered, or, if discovered, has not corrected. NOW, THEREFORE, Declarant hereby declares that the Project shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, sold, and improved, subject to the following declarations, limitations, covenants, conditions, restrictions and easements, all of which are imposed as equitable servitudes pursuant to a general plan for the development of the Project for the purpose of enhancing and 1 10/4/06 TAWPWIN601PROJECTS\CROSSROADS1DEC 10.04.06.DOC ( ( S TION I ISHING INIUM HIP TI N, il it , li ilit co , hereinafter refe red to as " l r t, is ac;Je it refere to the f ll . tion rty. l r t i t City of Milpitas ("City"), Count of Santa Clara ("County" Stat of Californi more parti as "Tract No. 7689 Indian Hi ls" on t t c rt i ap fil f rec r in t ffic ft l o t alif , 1 i f . tion. project c si ti I e ents st r s isting f r tial dominiums. De l t i t r tion est t r "c i ium t," i f) t Civil ode to est li " as d fi in ti 7 of t alif r i i il i t b l r i s r r l i ent it i iu s creat purs t t i I t nt . er's I t. l ent l rr d t " t" ti i iu t t i i i ided 1h f l i t i t I t t l . Each Condo ini sha l have ap rt to it i C I a t fi t Co Are t Pr . ral I vement. t t i t ll i l ti ns r ral l f r vement f r fit f ll i i s and the vvners f. . truction. t , th fore n . i it ori l co ruction, ct h r ted i ential r l co ity. l rant ased rty ry, . r elopment i ities"(as r in efined), clarant did ot ild y r I ents i t Prop rt Declarant has caused certain physical investigations to be made of the it i ti s ( ction t ''), i l rant s e a ilable, n r est, in l pur asers U fr Decl nt. E pt f pections etailed t Insp tion R rts, clarant s n insp ted t Proj t I ents. Because the Project is not new construction, the Project may not comply wit ll nt t ply ith t er licable t cted Pr j was built. Except as may be required by a plicable law or by separate agree r, j ct r nt l ing rds t t defi i i . This means that there may be i t t t t vered, if disc , ha not cor . , l t r dectares ered, l r t i , i , t t t fo l i i s, tions, ants, ditions, restrictions and nts, l ar imp a e l r to a ge r l l t t j t f i 1 /06 :\ P IN6 \ OJ ROADS\OEC . .06.DOC protecting the value and attractiveness of the Project, and every part of it, in accordance with the plan for the improvements of the Project and its division into Condominiums. All of the limitations, covenants, conditions, restrictions and easements shall constitute covenants that run with the land and are binding upon Declarant and its successors and assigns, and all parties having or acquiring any right, title or interest in or to any part of the Project or the property in the Project. ARTICLE I. DEFINITIONS 1.1. "Architectural Control Committee or Committee": Architectural Control Committee created pursuant to Section 7.9. 1.2. "Articles": The Articles of Incorporation of the Association, as amended from time to time. 1.3. "Assessment": The cost of maintaining, improving, repairing, operating and managing the Project which is to be paid by each Owner as determined by the Association, and shall include Regular Assessments, Special Assessments, Reimbursement Charges. 1.4. "Assessment Lien": Described in Section 4.9. 1.5. "Association": The CROSSROADS CONDOMINIUM OWNERS ASSOCIATION, a California nonprofit mutual benefit corporation, the Members of which shall be the Owners of Condominiums in the Project. 1.6. "Association Property" shall mean and refer to the entire Project (excepting and excluding the individual Condominium Units and excepting and excluding the Undivided Interest Common Area. The Association Property is the Common Area that includes, without limitation, land (except that airspace within the Undivided Interest Common Area); pool, spa and other recreational facilities, parking and driveway areas; trash enclosures; garage and carport areas; the Buildings, including but not limited to exterior stairs, decks, balconies, patios and storage areas; bearing walls, columns, girders, ceiling joists, subfloors, unfinished floors, roofs, and foundations; fireplaces, central heating, solar heating equipment, water heaters, central air conditioning equipment, reservoirs, smoke and heat detectors (including those located within the Units), fire extinguishers; tanks, pumps, motors, ducts, flues and chutes; conduits, pipes, plumbing, wires and other utility installations (except the outlets thereof when located within the Unit) (excluding and excepting utility installations located within a Unit), required to provide power, light, telephone, gas, water, sewerage, drainage, heat, air conditioning; built-in fire protection devices and equipment; exterior sprinklers and sprinkler pipes; central television antenna or cable television installation. 1.7. "Balcony": The portion of the Common Area that is Exclusive Use Common Area designated as a balcony by the designation "B" on the Condominium Plan followed by the number of a Unit. 1.8. "Board" or "Board of Directors": The governing body of the Association. 1.9. "Budget": A written, itemized estimate of the Association's income and Common Expenses prepared pursuant to the Bylaws. 1.10. "Building": A structure within the Project, including the Condominium Buildings. 1.11. "Bylaws": The bylaws of the Association, as amended from time to time. 2 10/4/06 TAWPWINBOTROJECTS \CROSSROADS \DEC 10.04 06.00C ( ( t v l and a tractiveness of the Project, and every part of it, in r ith th plan f r of t Project and its division into i i All of t li sha l constitute covenants that run with the lan i it a assig , and all parties having or acq iri any right, titl r i t r t i r t r i t r j I l10NS rchitectural trol it e it e ": it ctural l t ti n rticles": I i ti , sses ment": i i , i , , r ting i t i t pai by eac O as d t b t ti , ents, t , Rei r . sses ment ": . "A so tion": CR ADS INIUM ERS IATION, r fit utual benefit corporation, the Members of which sha l i i II ociation erty" j t ti l i i it l i i i I t rest o on r . i r rt is t r t i li i i I t ot recr l i , ri t g r and carp rt r ; t il i l i s, i s, stor ar be col gir , j , su fl , fl r , roofs, and foundations; fireplaces, central heating, solar ti reservoir , s t t (i l t l t it i r ; t pu , ot r , fl it , , t i l tions t tl ts t ereof hen l cated within the nit) (e i tili i l t it i i , i heat, air co iti i built-in fir r t ti devic s i t i i t l t i i . . "Balc y"; t Co th is Exclu Us Co Ar l by t i " l f ard" " rd i rs';: i i tion. dget": i t t i tion's t l . "Bu ing": i t j t, i l ing inium . . "By s": l i ti n, i / 6 :\ P IN60\PROJECTS\CROSSROADS\ EC 10.04 06.DO 1.12. "City": The City of Milpitas, a municipal corporation. 1.13. "Common Area(s)": The entire Project with the exception of and excluding the individual Condominium Units. The Common Areas include the Association Property and the Undivided Interest Common Area, as described in sections 2.3.B(1) and 2.3.B(2). 1.14. "Common Expenses": Those expenses for which the Association is responsible under this Declaration, including, but not limited to, the following: (a) actual and estimated costs of maintaining, managing and operating the Project; (b) unpaid Special Assessments, Reconstruction Assessments, Capital Improvement Assessments, and amounts the Board determines are necessary to maintain the Reserve Fund at adequate levels; (c) the costs of all utilities for the Common Area, or those utilities that are provided by the Association which are metered to more than one Condominium, or those utilities that are provided by the Association to Units which are not separately metered and any other utilities or services (such as trash removal) that are billed to the Association for the benefit of the Owners or the occupants of the Project; (d) the cost of managing and administering the Association, including compensation for managers, accountants, attorneys, and employees; (e) maintenance, repair and replacement of Common Area Improvements and facilities required by this Declaration and all other expenses incurred by the Association for the common benefit of the Owners, including the cost of maintenance, janitorial services, (elevator maintenance) and other maintenance services that benefit the Project; (f) premiums for all insurance covering the Project and insurance policies for the directors, officers and agents of the Association, and bonding the Members of the Board; (g) taxes paid by the Association; and (h) amounts paid by the Association for discharge of any lien or encumbrance levied against the Project. 1.15. "Common Interest": The proportionate undivided interest in the Undivided Interest Common Area that is a part of each Condominium as set forth in this Declaration. 1.16. "Condominium": An estate in real property as defined in California Civil Code §§ 783 and 1351(f), consisting of an undivided interest in the Undivided Interest Common Area and a separate interest in space called a Unit. 1.17. "Condominium Building": A residential structure containing Units, designated "Building" (followed by its respective number) on the Condominium Plan. 1.18. "Condominium Plan": The recorded three-dimensional plan of the Condominiums built or to be built on the property in the Project which identifies the Association Property, the Undivided Interest Common Area, and each Unit as a separate interest pursuant to California Civil Code § 1351. The Condominium Plan was recorded concurrently in the Official Records of the County. 1.19. "County": The County of Santa Clara. 1.20. "Davis-Stirling Act": California Civil Code sections 1350-1378, as amended from time to time, or any acts or statutes that replace or supersede said statutes. 1.21. "Declarant": Pacifica Milpitas LLC, a California limited liability company, and any successor or assign that expressly assumes the rights and duties of the Declarant under this Declaration, in a recorded written document. 1.22. "Declaration": This Declaration, as amended or supplemented from time to time. 10/4/06 3 TAWPWIN601PROJECTSCROSSROADS\DEC 10.04.06DOC ( 1.12. "City": ity f il itas, icipal r ration. 1.13. "Common Area(s)": tire j ct t ception f excluding the individualCondominium Units. The Com Are inclu the Ass i tion Property and the Undivided Interest o mon r , a ribed tions . .8(1) d 2.3.B(2). 1.14. "Common Expenses": se ses f ich ociation is responsible under thisDeclaration, including, but ot li ited to, e l owing: (a) actu l and esti ated costs of maintaining,managing and operating the Proj t; (b) u i l ssments, onstruction Assessments, CapitalImprovement Assessments, unts t B d ines r necessary to maintain the ReserveFund at adequate levels; (c) t t l t s f on rea, or those utilities that are providedby the Association hich ar t red t t ominium, r those utilities that are provided bythe Association to Units ic r n t rately d t r utilities or services (such as trashremoval) that are billed to t ciation for th be it of t ers or the occupants of the Project; (d)the cost of managing and ad i i tering t iation, i ing pensation for anagers, accountants,attorneys, and e ployees; ( ) i tenance, re ir r l cement f o on Area Improvements andfacilities required by this l ration al ot r e ses i rred by the Association for the commonbenefit of the Owners, incl ing t c of mai ance, j itorial rvices, (elevator maintenance) andother maintenance services th t be it th Pr j t; (1)pr i s f r ll insurance covering the Project andinsurance policies for the dir t rs, f i rs a a of t ociation, and bonding the Members of theBoard; (g) taxes paid by th iation; and (h) amo paid by th ssociation for discharge of any lien or umbrance l i st t r j ct. 1.15. "Com on Interest": rtionate i ed i t rest i t ndivided Interest Common( Area that is a part of e inium a set fort in this eclaration. 1.16. "Condominium": t te i r l rty fined i alifornia Civil Code §§ 783 and1351 (f), consisting of an u i i ed i st in t ided I t r st mon Area and a separate interest ce lled it. 1.17. "Condominium B ilding": i ential r cture ntaining nits, designated "Building" (followed it r ctive ber) t ominium Plan. 1.18. . "Condominium Pl ": r ed -dimensional l f the ondo iniums built or tobe built on the property in the Proj t whi identi the As iation Property. the Undivided InterestCommon Area, and each it s rate i rest rsuant to alifornia Civil Code § 1351. TheCondominium Plan re ed ur ently i t ffi ial cords of the County. . 9. "Co nty": nty f ta lara. 1.20. "Davis-Stirling ct": lifornia il e tions ·1378, as a ended from time to ti e, or y t tes t t r ce rsede said statutes. 1.21. "Declarant": cifica il i LL , a C li i li it li ility co pany, and any successoror assign that expressly assu s the right and duti of the l r nt un er this Declaration, in a recorded rit en cument. 1.22. "Declaration": is laration, ded pplemented fro time to time. / 6 T:\ P 1 \PROJECTS\CROS ROADS\DEC 0.04.06. C 1.23. "Design Guidelines": The rules or guidelines setting forth procedures and standards for submission of plans for Architectural Review Committee approval. 1.24. "Development Activities": Any construction installation repair, replacement, maintenance and or completion of any Improvement, including, but not limited to, any type of development work pursuant to a Development Plan of Declarant, the completion of which either (a) may not fall under any formal evidence of completion such as the recordation of a notice of completion or (b) may not be included or applicable under or required by a performance bond pursuant to California Code of Regulations section 2792.4 as may be conducted by Declarant or its authorized agents. . 1.25. "Development Plan": A plan of development of Improvements within the Project by the Declarant in contemplation of the sale, rental or other disposition of the Units in the Project under authority of a Public Report. 1.26. "DRE": The California Department of Real Estate and any department or agency of the California state government that succeeds to the DRES functions. 1.27. "Eligible Mortgages": Mortgages held by "Eligible Mortgage Holders." 1.28. "Eligible Mortgage Holder": A First Lender who has requested notice of certain matters from the Association in accordance with Section 9.6C, 1.29. "Eligible Insurer or Guarantor": An insurer or governmental guarantor of a First Mortgage who has requested notice of certain matters from the Association in accordance with Section 9.6C. 1.30. "Exclusive Use Common Area": Those portions of the Common Area set aside for exclusive use of an Owner pursuant to Section 2.3.C, and shall constitute "Exclusive Use Common Area" within the meaning of California Civil Code Section 1351(i). 1.31. "First Lender": Any person, entity, bank, savings and loan association, insurance company, or other financial institution holding a recorded First Mortgage on any Condominium. 1.32. "First Mortgage": Any recorded Mortgage (made in good faith and for value) on a Condominium with first priority over other Mortgages encumbering the Condominium. 1.33. "Foreclosure": The legal process by which a Condominium owned by an Owner who is in default under a Mortgage is sold pursuant to California Civil Code § 2924a et seq. or sale by the Court pursuant to California Code of Civil Procedure § 725a et seq. and any other applicable laws. 1.34. "Governing Documents": This Declaration, as amended from time to time, the exhibits, if any, that are attached to the Declaration, together with the other basic documents used to create and govern the Project, including the Map, the Articles, the Bylaws, and the Condominium Plan (but excluding unrecorded Rules adopted by the Board or the Association). 10/4/06 4 TAWPWIN601PROJECTSICROSSROADS1DEC 10.04.06.DOC ( ( ( 1.23. "Desi Gui lines": li t r r standards for i i n l f l i itt roval. . . "Develo nt Act ities": t ti ir, r l ent, aintenance and or c l ti f I r i l i t t li it t , t f v lop ent ork pursuant to De l nt l f Decl t c ti n i it r { } t fall under any for al evi ce f l ti n t r f c l ti r { } ay not be included or applica le r r r i by perf r r t lif r i f gulations section . t it t ri d ts. . . "Devel ent Pl ": nt I r t it i t roject by the eclar t i c t l ti of the sale. rental or other disposition of the Units in th r j ct under authority of . 6. "O : i t rt t or agency of the li i t t t t 's f ctions. . . "Eligi l Mort es": li i l rt l ers." 1.28. "Eligi l Mortg Hol ": i r t ti f c rtain atters f t i ti n i i ti . . . . "Eligibl Insurer or Guar r": t l r t r f irst ortgage r t i of t tt i ti i r c ith ection 9.6 . 1.30. "Excl ive Use Com Ar : e t n r set aside for exclusiv f l tit t " l i se o on Area" it i f i il ti (i). . . "First Le r": l i ti , i surance co pany, r t r fi i l i hol i a recor i t iniu . . . "Fir t Mort e": rded ortgage (made in good faith and for value) on a i i i ~ ri t ondo iniu . . . "For l sure": l i i y n ner ho is in default r rt i sol purs t l i t . r sale by the Court r t t li i f i il Pro t . t r applicable laws. 1.34. "Gover i g Doc ts": f ti t ti , the exhibits, if a y, t t r tt t t eclarati , together with the other basic docu ents sed to create and govern th r j t, i l ing t Ma the Articl th Byla and the Condo i i Plan (but excluding l by t i ti n). :\ P IN60\PROJECTS\CROSSROADSI EC . . . C 1.35. "Improvements": All structures and appurtenances thereto of every type and kind, including but not limited to, buildings, accessory buildings; gazebos; windows, window frames, window tinting; painting; or other surface applications of or upon any exterior surfaces of building or structures, skylights, stairs, parking spaces, parking structures, walkways, driveways, roads, fences, screens, screening walls, retaining walls, awnings, decks, patio or balcony covers, trellises, tents, umbrellas, signs, poles, masts, antennas, solar or wind powered energy systems or equipment, air conditioning fixtures systems or equipment, plumbing or sewer pipes, lines or equipment, water softeners, wiring and other utility facilities, swimming pools, spas. Improvement shall include grading, excavation or filling and the demolition or destruction by voluntary action of any structure or appurtenance thereto of any type or kind. Improvement shall include landscaping, planting or similar disturbance of the land, including, without limitation, change of grade, ground level or drainage pattern; clearing or removal of trees, shrubs, flowers, grasses, or other plants, including natural or artificial plantings; irrigation pipes and sprinkler pipes, systems and sprinkler heads. Improvement shall include any addition, alteration or modification of any of the foregoing items or things, including those located in a Unit or the Association Property, including without limitation, any change to the physical appearance, color or texture of exterior surfaces, room partitions, structural alterations, alterations to Units that cause penetrations beyond the unfinished surfaces of Unit walls, ceilings or floors, or impact or affect in any manner the Association Property or any other portion of the Project that the Association is to maintain or operate under this Declaration. 1.36. "Maintenance Guidelines": Recommendations and suggestions for maintenance of Project Improvements for Common Area Improvements or the Units that has been prepared or caused to be prepared by the Declarant or by the Board. 1.37. "Maintenance Manual": The document containing the maintenance procedures and requirements applicable to the Common Area Improvements or the Units that has been prepared or caused to be prepared by the Declarant or by the Board. 1.38. "Major Components": Those elements of the Project, including, without limitation, structural elements, machinery and equipment, that the Association is obligated to maintain as provided in Civil Code §§ 1365 and 1365.5. 1.39. "Map": The Map, described above in Recital paragraph A. 1.40. "Member": A person entitled to membership in the Association as provided herein. 1.41. "Mortgage": A mortgage, deed of trust, assignment of rents, issues and profits or other proper instrument (including, without limitation, those instruments and estates created by sublease or assignment) given as security for the repayment of a loan or other financing which encumbers a Condominium, made in good faith and for value. 1.42. "Mortgagee": The holder of a Mortgage including the beneficiary of a deed of trust that constitutes a Mortgage. 1.43. "Mortgagor": A Person who encumbers his Condominium with a Mortgage, including trustor of a deed of trust that constitutes a Mortgage. 1.44. "Notice of 'Delinquent Assessment": A notice of delinquent assessment filed by the Association for a delinquent Assessment pursuant to Section 4.9.C. 5 10/4/06 • T:1WPWIN601PROJECTS\CROSSROADS \DEC 10.04.06.DOC ( . "Impr e ents": t t t t f r li it to, buildin acc buil ; s; i dows, win fra i ti ti ; r t surf appli ti of or upon any , , spa parki str t l i , i . a i d pati or balc co t , , ll , , . , nas, or wind power ener syst or equi t, i co ing fi s t, plu bi or sewer pi . lines or e i , r i , i ing l , . Improve sha l includ gr , tion f t liti n ti by v l ti f rt ance t r to f t e r kind. t i lan i planting or si il r i t f li , lev l or drai patt cl r •. . , s, , i nat r l or artifi i planti i rig ti i i l r I r t shall incl a ad iti lt ti i i l those located in a nit or t i li it ti t p app , col or textur of exteri r surf roo partiti str lt , to Units that cause penetrations beyond the unfinished surfaces of Unit wa ls, ceilings r ct aff in any mann the Associ Pr ty r r i n t r t t i tion is to maint i or und r t i l . . "Mainten e Gui lines": I e ents I e ents r t e its t t red ed t Decl . "Maint nce Man l": t t ining ce r s applicable to the Co on Area Improve ents or t it t t r t l . "Major Comp nts": e nts t Proj incl it li it , l l ac i a e i th t t i i 1 1 9. "M ": i . "Me r": i i ciation i . . "Mort ge": , i ent , r i nt (i , t li i , tr ents d t tes t d se ignment) iven rity r t re ent f lo or other finan i whi enc rs i iu , in g f it . "Mort ee": rt i fi i ry tit tes . . "Mort gor": i iu i a of tr t t a fvbrt . "Notice of 'Delinq t Ass ent": l t nt i ti n f r d li t purs t . /4JOG \WPWIN60\PROJECTS\CROSSROADS\ EC . .06.DOC 1.45. "Owner" or "Owners": The record holder of fee simple title to a Condominium, including Declarant, expressly excluding Persons having any interest merely as security for the performance of an obligation until such person obtains fee title thereto, and those parties who have leasehold interests in a Condominium. If a Condominium is sold under a recorded installment contract of sale, the purchaser under the contract of sale, rather than the holder of the fee interest, shall be considered the "Owner" from and after the date the Association receives written notice of the recorded contract of sale. 1.46. "Parking Space": The portion of the Common Area that is Exclusive Use Common Area designated as a parking space by the designation "CP" for covered parking or "OP" for open parking on the Condominium Plan. 1.47. "Patio": The portion of the Common Area that is Exclusive Use Common Area designated as a patio by the designation "P" on the Condominium Plan followed by the number of a Unit. 1.48. "Person": A natural person, a corporation, a partnership, a limited liability company, a trust, or other legal entity. 1.49. "Property": The real property described on the Map. 1.50. "Project": All of the real property described on the Map and Condominium Plan, and all Improvements on that real property subject to this Declaration. 1.51. "Public Report": The official document and permit issued pursuant to the Subdivided Lands Act (Business & Professions Code §§ 11000 et seq.) by the State of California Department of Real Estate authorizing the offering of the Condominiums for sale to the public. 1.52. "Regular Assessments": A Regular Assessment determined and levied pursuant to Section 4.3A of this Declaration. 1.53. "Reimbursement Charge": A charge levied by the Board against an Owner to reimburse the Association for costs and expenses incurred in bringing the Owner and/or his or her Unit into compliance with the provisions of this Declaration, determined and levied pursuant to Section 4.10 and 5.18 of this Declaration. 1.54. "Reserves or Reserve Funds": That portion of the Common Expenses collected as part of the Regular Assessments levied against the Condominiums in the Project allocated (i) for the future repair and replacement of, or additions to, the Major Components which the Association is obligated to maintain pursuant to this Declaration, including reserves for replacement of structural elements and mechanical equipment or other facilities maintained by the Association as identified in the budget reserve worksheet, items not identified in the reserve worksheet will not be maintained by the Association and will be responsibility of individual Owner; and (ii) to cover the deductible amounts of any insurance policies maintained by the Association. 1.55. "Rules": The rules adopted from time to time by the Board or the Association pursuant to Section 5.2.D. 1.56. "Special Assessments": A Special Assessment levied by the Association pursuant to Section 4.3.B. 10/4/06 6 TAWPWIN601PROJECTSCROSSROADS \DEC 10.04.06.DOC ( ( ( . "Own or " rs"; f i i , i t, l excl i Pers havi a inter er l ce ti n s pers obt i fe titl th r an th parti l i t i i . If a Condominiu is sold under a recorded insta l ent contract of s l , th r f s l , rather than the holder of the f interest, sha l be co si r the " r" f t receives ritt n ti f t r . "Parki Sp ": t i r a parkin space by the desi ti "CP" for cov r par i r inium . 7. "P io": i i t i t d i "pn t Pla fo l 8. "Per n"; i , . l i . . "Pro ty": i 0. "Pr ct": t r pr i inium I ts o t t real pro t . . "Publi Rep t": and per it issued r t t lands & r f i Code §§ 11000 et se .) by t t t t i i g f t . "Regular Asse ents": r tion. . "Reimb ent Ch ": l i i tion f co t and exp incurr in bri i t li e of this Declar ti d t l t B ti n. . "Reserves or Reser Fu ": rti f ll t t levied against th in th r j t (i) t f. or ad iti to, t j r i ti t t i Declar inclu i res r f r repla f str l t l t t faciliti aint i by t i i r t, s id fi d in the reserv wor t not be maint t A i tion nsibil ty i l r; (ii) t cov r the dedu ti a f any insur poli i i d i tion. 5. "Ru s": i t ti i tion 0. . "Speci A ses ents": l ent i tion t 8. ( :\ PWIN60\PROJ \ OADS\DEC . OC 1.57. "Storage Space": The portions of the Common Area that are is Exclusive Use Common Areas designated as a storage space by the designation "S" on the Condominium Plan followed by the number of a Unit. 1.58. "Undivided Interest Common Area": All of the air space, containing no earth or any natural or constructed physical Improvements, located above the Association Property, beginning at a point that is fifty 'feet (50.00') above the most vertical Improvement in the Association Property and extending upwards indefinitely. 1.59. "Unit": The elements of the Condominium, as defined in Section 2.3.A, and in Section 1351(f) of the California Civil Code, which are not owned in common with the Owners of other Condominiums in the Project. Each Unit is identified by the designation "LU" and a separate number on the Condominium Plan. 1.60. "Utility Facilities": Defined in Section 6.1. ARTICLE II. DESCRIPTION OF PROJECT, DIVISION OF PROPERTY, AND CREATION OF PROPERTY RIGHTS 2.1. Description of Project: The Project is a Condominium Project within the meaning of Civil Code § 1351(f) consisting of the land, the two hundred (200) Condominiums and all other Improvements located on the Property. Reference is made to the Condominium Plan for further details. A. Each Owner of a Condominium (a) shall receive (i) title to a "Unit" as a separate interest, (ii) an appurtenant 1/2001." undivided fractional interest in and to the Undivided Interest Common Area, (iii) an automatic membership in the "Association"; and (b) may receive the right to use certain Exclusive Use Common Areas which shall belong to the Owner and be appurtenant to such Owner's Unit. 2.2. Phasing: A. Phasing by Public Report: It is the intention of Declarant that Units be offered for sale as Units to the general public in incremental sales sequences or phases ("Phases") as described in a Public Report issued by the California Department of Real Estate ("DRE"), designating specific Units as comprising a separate Phase. B. The foregoing notwithstanding, Declarant shall have the express right to reconfigure any Phase, by amending the Public Report describing such Phase. Any such reconfiguration may include, but not be limited to, the quantity and designation of the Units included in a Phase. Any such Phase reconfiguration and amendment to a Public Report shall effect a corresponding modification of any rights related thereto within this Declaration and the other Governing Documents. Anything herein to the contrary notwithstanding, each Person who acquires title to a Unit, hereby acknowledges by acceptance of title to such Unit that: Declarant makes no guarantee whatsoever of: (i) the number Phases, (ii) the number of Units that may comprise any Phase, and/or (iii) that any other Units will be sold or leased. 2.3. Division of Property: The Project is divided as follows: A. Units: Each of the Units as separately shown, numbered and designated in the Condominium Plan, consists of the space bounded by and contained within the interior unfinished surfaces 10/4106 7 TAWPWIN601PROJECTS\CROSSROADSOEC 10.04.06.DOC r \ . . "Stor e Sp ": t t r i l iv se o on reas i t d a st r sp by the desi " t i i l f ll ed by the r . . "Undivi Inter Com A : ll e ir ace, ntaining rth or any nat r l r tr cted p i l I r nts, l cated above the ssociation r rty, beginning at a p i t t t i fift 'f t ( ') a t t rtical rovement i the ssociation roperty tending ards efinitely. i'_' . 9. "Unit": l ts t Co i i , i ti . . i cti 1(f) f t Calif ia il , i h n o i co n it t ners of other o i i in the r j t. Each Unit is identified by t desi ti " " r t u ber on the inium . "Utili Faci ties": i ti . . I E II. P I , I N F 2. . ription f ject: i i j t it i t i of ivil 13 (f) co i i f t land, the two hun r (20 ) i i ll ther I prove ents l t t r Referenc is made to the Condo i i Plan br f rt r details. . r C i ll i l it" r t i t rest, (ii) purtenant TH u i ed f tional i rest i t t U ivi ed Interest o on r , (iii) atic rship i ociation"; ( ) r ive the right to use c rt in Ex l i e Us n l t t r urtenant to · r's . Phasing: . i by Pu li Rep rt It is t i t t it ff red f r sal s it to the gener l publi in incr s l (" s s'? as described in a lic rt i d the alifornia t ent l t "), signating s ecific nits rising s te . . e f regoing t ithstanding, larant l t pres ri t to reco fi r , t u li i . r configuration i l , but n t li it t t ti f t it i l i hase. Any such has r nfiguration a nt to a P l t rr sponding dification of rig t related thereto within this Declaration and the other Governing Documents. Anything herein to the contrary notwithstanding, each Person who acquires title Unit, her ack ledges by c ptance of titl to such Unit that: Declara mak no gu t t ever of: (i) the nu ber has s, (ii) the number of Units that may comprise any Phase, and/or (Hi)that any oth r its ill be sold . . . ision erty: i i i f ll : . its: t Unit as se , i ted i t e o i i Plan, c i t f t s bo b it i t i t ri r fi ished surfaces /06 :\ I 60\PROJ TS\CROS OADS\DEC . , . OC of the perimeter walls, floors, ceilings, windows, window frames, doors and door frames and trim, of each Unit, each of such spaces being defined and referred to herein as a "Unit". Bearing walls located within the interior of a Unit are Common Area, not part of the Unit, except for the finished surfaces thereof. Fireplaces, if any, are part of the Unit; chimneys and flues are Common Area. Areas within dropped ceilings are part of a Unit. Each Unit includes the utility installations located within its boundaries that the Owner has exclusive use of, including, without limitation, hot water heaters, space heaters, lighting fixtures, cabinetry and air conditioning units which are located entirely within the Unit they serve, and the Owner shall be responsible for maintaining, replacing and repairs for all these items or any damage caused to the Association Property by these elements.. Each Unit includes both the portions of the Condominium Building so described and the airspace so encompassed. The Unit does not include those areas and those things which are defined as Common Areas as defined in Section 1.13. Each Unit is subject to such encroachments as are contained in the Condominium Building, whether the same now exist or may be later caused or created in any manner referred to in Section 9.5. In interpreting deeds and plans, the then existing physical boundaries of a Unit, when the boundaries of the Unit are contained within a Condominium Building, or of a Unit reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be its boundaries rather than the boundaries expressed in the deed or plan, regardless of settling or lateral movement of the Condominium Building and regardless of minor variance between boundaries shown on the plan or deed, and those of the Condominium Building. Each Unit shall have appurtenant to it nonexclusive rights for ingress, egress and support through the Common Area subject to the rights of each Owner in the Restricted Common Area appurtenant to that Owner's Condominium. B. Common Areas: The Common Area consists of those portions of the Project defined in Section 1.13. the Common Area consist of the following two types: (1) Association Property: The Association Property containing all la nd , airspace and Improvements located outside of the boundaries of the Units, located below a point that is fifty (50) feet above the highest vertical Improvement in the Property. The Association Property shall include all of the property and Improvements, and other items, facilities and fixtures listed and stated in Section 1.6 of this Declaration. The Association Property shall be owned by a non-profit mutual benefit corporation, referred to herein as the "Association," the members of which shall be the Unit Owners. The Association Property is generally intended for use by all Occupants; however, certain portions of the Association Property are designated by this Declaration for the exclusive or restricted use by specific Occupants; and (2) Undivided interest Common Area: The Undivided Interest Common Area comprised exclusively of air space that contains no earth or any natural or constructed physical Improvements, and located above the Association Property, beginning at a point that is fifty 'feet (50.00') above the most vertical Improvement in the Association Property and extending upwards indefinitely. The Undivided Interest Common Area, which exists in order to comply with Civil Code section 1351 for the establishment and existence of a condominium project, shall be owned as a Common Interest by all Unit Owners in undivided, equal fractional interests as tenants-in-common. The Common Interest appurtenant to each Unit is permanent in character and cannot be altered without the consent of all of the Owners affected, as expressed in an amended Declaration. Such undivided Common Interest cannot be separated from the Unit to which it is appurtenant, and any conveyance or transfer of the Unit includes the undivided Common Interest, the Owner's membership in the Association, and any other benefits or burdens appurtenant to that Owner's Condominium. 10/4/06 8 T:\WPWIN601PROJECTS\CROSSROADS\DEC 10.04.06.000 ( of the perimeter walls, flo r , ceili , i s, ow f es, rs and door frames and trim, of eachUnit, each of such spaces bein defi an ref to her a a " it". earing walls located within theinterior of a Unit are o on Ar , n p it, ept f r t e finished surfaces thereof. Fireplaces,if any, are part of the Unit; chi s an flu are Co Are . Are s within dropped ceilings are part of aUnit. Each Unit includes the utility install i ns locat wit i its bo ries that the Owner has exclusiveuse of, including, without limit ti , hot w he rs, s h t rs, lighting fixtures, cabinetry and airconditioning units which are locat entir wit th Unit t r , nd the wner shall be responsiblefor maintaining, replacing and repai for a l th ite or a age caused to the Association Propertyby these elements .. Each Unit include both the portion oft Cond i iu Building so described and theairspace so enco passed. The Unit does not inclu tho are an those things which are defined asCommon Areas as defined in Se ti 1.13. Each Unit is subject to suc encroach ents as are contained inthe Condominium Building, whet r th sa no exi or ma b lat r c used or created in any mannerreferred to in Section 9.5. In i t rpreting ds s, t i ting physical boundaries of a Unit,when the boundaries of the Unit ar ined i a inium ilding, or of a Unit reconstructed insubstantial accordance wit the ori i l pl t f s ll be c l sively presu ed to be its boundariesrather than the boundaries expr d in th d or pl re r less f settling or lateral movement of theCondominium Building and reg r l ss of mi va e b t n b daries shown on the plan or deed,and those of the Condominium ilding. Ea Uni sh h appurt ant to it nonexclusive rights foringress, egress and support throu the Co Area subje to the (ights of each Owner in the Restricted o mon r a rtenant to t r's dominium. B. Common Areas: on i ts those rti ns of the Project defined in Section . 3. t on ist f t f ll ing t o types: (1) Association roperty: he s ociation roperty containing allla nd, ai rs pa ce and Improvements located outside of the boundaries of the Units, located below a pointthat is fifty (50) feet above t i est tical I vement i t roperty. The Association Propertyshall include all of the property an Im vements, a ot r it s, f cilities and fixtures listed andstated in Section 1.6 of this eclaration. The As ociat on Property shall be owned by a non-profitmutual benefit corporation, ref rr t in " i i n, "the bers of which shall be the UnitOwners. The Association Pr rty is g rally i ded f u b all Occupants; however, certainportions of the Association Property are desig by this Declar ti for the exclusive or restricted use by cific cupants; (2) Undivided I terest C mon A ea: he Undivided InterestCommon Area co prised excl ively of air space that contai s no earth or any natural orconstructed physical I rovements, d cated ove t e ssociation Property, beginning at apoint that is fifty 'feet (50.00') ab e th m t v tical I rovement in the Association Propertyand extending upwards ind finitely. Th Un ided Inte t Co on Area, which exists in order tocomply with Civil Code secti n 135 for th est lishment and exist ce of a condominium project,shall be owned as a Co on Int rest b it ers i ivided, equal fractional interests as ants-In-com on. The Common Interest appurt t to each Unit is per nt in ch r t r and cannot be altered without theconsent of all of the ners ff ted, res ed ended eclaration. Such undivided CommonInterest cannot be separat fro the Unit to it is a tenant, d any conveyance or transfer of theUnit includes the undivided Co n Int t, t O r's ership in the Association, and any otherbenefits r b ns ap t nant t t er's ondominium. /4/06 T:\ IN60\PROJECTS\CROSSROADS\ EC 1 .04.06.DOC Subject to this Declaration and the Rules, each Owner shall have rights and easements for support of the Improvements of the Unit and may have access to and use of the Association Property in accordance with the purposes for which they are intended without hindering the exercise of or encroaching upon the rights of any other Condominium Owners any Exclusive Use Common Area appurtenant to that Owner's Unit. C. Exclusive Use Common Areas: The following described portions of the Association Property, referred to as "Exclusive Use Common Areas," are set aside and allocated for the exclusive use of the Owner of the Condominium to which they are attached or assigned as shown on the Condominium Plan, and are appurtenant to that Condominium: All the items below are responsibility of the Owner of the Unit to maintain, replace, repair. If the Owner of the Unit does not take care of these items, the Association will do so and charge the Owner a Reimbursement Charge for the same. (1) a Patio designated "P", followed by the number of the Unit; (2) a Balcony designated "B", followed by the number of the Unit; (3) a Storage Space designated "S", followed by the number of the Unit; (4) a Parking Space or Parking Spaces designated as "CP" or "OP" on the Condominium Plan that is designated as being an exclusive easement appurtenant to the Unit on the deed from Declarant to the Owner who was granted the Unit by the Declarant; (5) entry area adjacent to front door of each Unit as described in the Condominium Plan; In addition, the following areas or items are "Exclusive Use Common Areas" appurtenant to the Condominiums in which they are located or attached: (1) the space between the exterior boundary of any Unit and the interior surface of any bay window or greenhouse window; (2) The air conditioning equipment serving a Unit is part of the Unit, belongs to the Owner of that Unit, and shall be maintained by the Owner. The space occupied by the air conditioning equipment, wherever located, shall be restricted to the exclusive use of the Owner whose air conditioner occupies such space. Except as described herein, no other portion of the Common Areas shall be Exclusive Use Common Area. D. Reserved Rights of Declarant and Board over Common Areas: The Board or Declarant (as long as Declarant owns twenty-five percent (25%) or more of the Condominiums in the Project shall have the power and the right in the name of the Association and all of the Owners as their attorney-in- fact to grant, convey of otherwise transfer to any Owner or any other Person fee title, easements, leasehold estates, exclusive use easements or rights, licenses, lot-line adjustments, rights-of-way and/or dedications in, on, over or under the Common Area or other property interests in order to: (i) construct, erect, operate, maintain or replace lines, cables, wires, conduits or other devices for electricity, cable television, Internet services, fiber optics, telecommunication equipment, power, telephone and other purposes, public sewers, storm water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes and any similar public or quasi-public improvements or facilities; (ii) accommodate any encroachment that in the sole discretion of the Board or Declarant does not unreasonably interfere with the use and enjoyment of the Common Area; or (iii) accomplish any other purpose that in the sole discretion of the Board or Declarant is in 10/4/06 9 TAWPWIN601PROJECTS\CROSSROADSIDEC 10.04.06.DOC / 6 :\ P IN60\PROJECTS\CROSSROADS\ EC . C ( t t i t Rules, e ri ts rt I f t it ay hav t ti t rdance f i t r i t it t i ri t f i i a x l t t r' l sive s : the i ti r f rr to s l Use Common Areas," are set aside and a locate i f t to which they are a tac or ssi as s i to t t i A l the ite l r r r l r i . If t of t it t i tion t i t . t " ", f ll t " ", f ll i "S", f ll r i 0P" t iniu i as being an exclusive easement a purtenant to the Unit on t t Unit by t l t t f i inium I , f ar or ite ar " " rtenant i i s i l r t t r f i r f ce se ; equip ent serving a Unit is part of t it, t f , s be mai b the O The space o cupie by the air conditi eq i t, l ll r tri to th l i i ditioner i s . h r i , no other portion f t r ll . ed i of ecl t o n : (as long s eclar t owns twenty-five percent (25%) or more of i t t ri t in t i ll t ir tt mey-in- tr f r to titl , ease ents, l or rig t , li t , / r i tions t r or t r i i tr ct, t, t , i r l li l ir , con it r t f l i i , I i ti n i , li , i syst , ri li li li i pr t or f iliti (ii) th t i f t r l d t i t rf t re ; or ( i) li any other purpose that in the soJediscretion of the r r i the interest of the Association and its Members and does not unreasonably interfere with the use enjoyment of the Common Area. Each Owner in accepting a deed to a Condominium expressly consents to such action and authorizes and appoints the Association and Declarant (as long as Declarant owns twenty-five percent (25%) or more of the Condominiums in the Project) as attorney-in-fact of such Owner to execute and deliver all documents and interests to accomplish the action, including, but not limited to, grant deeds, easements, subdivision maps, and lot-line adjustments. Notwithstanding anything herein to the contrary, in no event shall the Board or Declarant take any action authorized hereunder that would permanently and unreasonably interfere with the use, occupancy and enjoyment by any Owner of his or her Condominium or any Exclusive Use Common Area without the prior written consent of that Owner. Furthermore, the conveyance of fee title to any portion of the Common Area as authorized in this Section 2.3.D (other than conveyances made as a part of lot-line adjustments) shall require the consent of a majority of the total voting power of the Association other than Declarant and such consent of the Mortgagees as may be required by Section 9.6. 2A. Parking: All Parking Spaces in the Common Area (other than Parking Spaces that are assigned as Exclusive Use Common Areas) shall remain available for guest parking. The unassigned parking spaces may be used by all Owners, their tenants and guests, pursuant to Rules adopted by the Board. The Board may from time to time assign the exclusive right to use particular parking spaces to particular Units. Reassignment of said spaces shall be based upon mutual consent of Unit Owners whose assignments are to be changed, and failing such consent, shall follow notice to such Owners and hearing before the Board. Certain parking spaces are handicapped spaces and are designated as such on the Condominium Plan. Declarant may assign some or all of these spaces to Condominiums as Exclusive Use Common Area parking spaces. If the occupants of the Condominiums assigned a handicapped space are not appropriately licensed to use a handicapped parking space by the State of California and the occupant of another Condominium assigned a parking space is appropriately licensed and the space assigned this Condominium is not a handicapped parking space (the "Licensed Occupant"), the Association, on receipt of written request from the Licensed Occupant, shall require the Owner of a Condominium assigned a handicapped space to exchange the handicapped space with the space assigned to the Condominium occupied by the Licensed Occupant. The exchange shall remain in effect as long as the Licensed Occupant occupies the Condominium and remains licensed to use a handicapped space and shall terminate automatically on the date the Licensed Occupant ceases to occupy the Condominium or ceases to be appropriately licensed to use a handicapped parking space, whichever occurs first. The exchange shall be temporary and shall not alter the permanent parking space(s) assigned to any Condominium and appurtenant to the Condominium. The Owners of the Condominiums assigned the handicapped spaces covenant to cooperate with the Association and any Licensed Occupant in effecting any exchange required under this Section 2.4. If the handicapped spaces are assigned to Condominiums where the occupants are not licensed to use a handicapped space and the spaces have not been exchanged with the space of a Licensed Occupant, the selection of the available handicapped space to be exchanged with the space of the Licensed Occupant shall be by agreement between the Owners of the Condominiums with the assigned handicapped spaces. If the Owners cannot reach agreement for any reason within ten (10) days after receipt of written request from the Licensed Occupant to effectuate the exchange, the selection shall be made by lottery by the President of the Association. The selection resulting from the lottery shall be final and binding. The right to exchange a non-handicapped space for a- handicapped space shall be available to any Licensed Occupant on a trst- come, first-serve basis. The Board may adopt Rules regulating the exchange of non-handicapped spaces for handicapped spaces that are not inconsistent with the provisions of this Section 2.4. 10/4/06 10 TAWPWIN60\PROJECTS\CROSSROADSIDEC 10.04.06.DOC ( t i t t f t i i and its e r and does not r l interfer with the s joy ent f t r Each Owner in a ceptin a d ed to a Condo i i expr l co t t s c ti a t i and ap i t th s i and Decl r ( l as Decl r t o s t nty-five r t (25 ) or more of the Condominiu s in the Project) as a torney-in-fact of such ner t t d li r ll ts a inter t acc th acti i l i , t t li it t , r t deeds, t , subdivi i maps, and lot-lin j Notwithstanding anything herein to the contrary, in t s ll the Board or Declara t take any action authori th t l per tly r l interfere with the use, occupanc and enjoy ent by r f i r r iniu or l i e C ut sent f t r. Further r , t ce f f titl to any rized i t i ti . .0 ( t r t made as a part of lot-line adjustments) shall require the consent of a majority of th t t l v ti f t other tha Decl r t and such co t f t rt as ay r uired by i . .4. ing: t ( t Par i t t r i ed Excl i Use Co Ar shall re i av i f g t parki . Th una si r i ay be use by a l O their te t t l t y t r . Bo r may fro ti to ti e assi the exclu i ri t us parti l r par i c s t rti l it Rea signment of said spaces shall be based up t l co t of nit rs hose i ts are to be chan , an faili suc cons t ll ti t r ri . rt i r i s r s t t i i l . Declarant may a sign some or all of these spaces to i i as Exclusiv Use r r i . If the o cupants of the Condominiums a signed a handicapped space are not r ri t ly li d t u a handic p r t St l i a t occ t f a t r i i a signed a parking space is appropriately licensed t i t i i i i t i parking space (the "Licensed O cupant"), the Association, on receipt of ritt r st fr t i Occup t, sha l req ir t r f i i c t t handic space with the sp assi t t i i i t i s cupant. The exchan shall rem in e fect as long as the Licensed O cupa t occ i s t i i a re i licens to us h i ll t i t t ti ll t t t i cc t ceases to occ t o i t r ri t l li t i par i sp , fi The exc shall be te r r ll t lt r t parki s ( i t i rt t t t iniu . r of the Condo i i assi the handi c t t co r t it t i ti n a any Lice c in e f ti i r t i ti . . If t icapped d t iniums ere t e upants re t li s d to use a i space and the spaces have not bee exc it t f i t, t l ti f th avail l han i s t be ex f t licensed c t ll bet e t r of t i i i i c s. If t r t reach agree e t for any reason ithin ten ( ) r i t f ritt r t fr t i Occupant to effectuate the exchange, the selection shall be made by lottery by t r i t f t i ti n. The selection resulting from the lo tery s ll i i . The right t - i pped sp for a· ndicapped ll ilable t y icensed pant first- , fir t- b i . The Board may adopt Rules regul ti t f - i c s f r i sp t t ar t i it i f t i ti . . / 6 :\ PWIN60\PROJECTS\CROSSROADSI EC . . 6.DOC No parking space may be rented, licensed or transferred for use by any Person other than an occupant of the Project. A Condominium Owner may enter into an agreement with the Owner or occupant of another Condominium for the temporary use of a space by the occupant of the other Unit. The agreement shall be a license only and shall not transfer any other interest in the space. Each license must be on a month-to-month basis, terminated on no later than thirty (30) days' prior notice by the Condominium Owner. 2.5. Rights of Entry and Use: The Units and Common Area (including Exclusive Use Common Area) shall be subject to the following rights of entry and use: A. The non-exclusive rights of each Owner for ingress, egress and support through the Common Area, and use of the Common Area as provided in sections 2.3.A and 2.2.B. B. The right of the Association's agents or employees to enter any Unit to cure any violation of this Declaration, the Bylaws, or Rules provided that the Owner has received thirty (30) days written notice and a hearing as required by the Bylaws (except in the case of an emergency) and the Owner has failed to cure the violation or take steps necessary to cure the violation within thirty (30) days after the finding of a violation by the Association. C. The access rights of the Association to maintain, repair or replace Improvements or property located in the Common Area as described in Section 5.2.E, and to enter any Unit to perform the Association's duties under this Declaration. D. The rights of the Owners, the Association, and the Declarant to install, maintain, repair or replace utilities as described in Article VI. E. The encroachment easements described in Section 9.5. F. The rights of Declarant as described in Section 9.7 and Section 9.9. G. The rights of Owners to make Improvements or alterations authorized by California Civil Code § 1360(a)(2), subject to the provisions of Section 7.9 to the extent applicable. 2.6. Partition Prohibited: The Association Property and the Undivided Interest Common Area shall remain undivided as set forth above. Except as provided by California Civil Code §1359 or authorized under sections 8.2B or 8.3, no Owner shall bring any action for partition of any portion of the Common Area, including the Undivided Interest Common Area, it being agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the operation and management of the Project. Judicial partition by sale of a single Condominium owned by two (2) or more persons and division of the sale proceeds is not prohibited by this paragraph. Any proceeds or property resulting from a partition shall be distributed to and among the respective Owners and their Mortgagees as their interests appear in proportion to the ratio that the fair market value of each Owner's Condominium bears to the fair market value of all Owners' Condominiums as of the date immediately preceding the date of the event giving rise to the right of the Owners to partition the Common Area. 2.7. Telecommunications Easement: Declarant reserves blanket easements (collectively "Telecommunications Easements") over the Project for access and for purposes of constructing, installing, locating, altering, operating, maintaining, inspecting, upgrading, removing and enhancing 10/4/06 11 TAWPWIN601PROJECTSCROSSROADS\DEC 10.04.06.DOC ( r i b rent li t f rred t r t t f t r j t. A Condominium Owner may enter into an agreement with t r r t f t r i i f t t pant f t e other nit. r t ll Ii ~ t t r t rest i t ce. li st be on a t t basis, ter in t on no later t t i ( ' i ti t iniu ner. . . Rights of Entry and Us i l i l i t t fo l i ri t : . ri t rt t r t t i . . . . . . ri f th As i 's t s r it t r i l ti n i l , t Byl t t r r i t irty (30) days ritt ti as requir by t i f r cy) t e ner f il t t i l i or take steps ne t c r the vi l ti it i t irt ( ) ft r t e i i ti n. . ri t i ti l I r ts r r rt l t i i i t t r it t rfor the i tion's t l ti . . i f t , l i t ll, i t i , r ir til i ( . nt t i ti . . ( . \ . i ri d i ti . . . i t t i lif r i i il t t pr i ti t t t t li ble. . . ition ibited: i ti i i I t r t r a ll r i i i t Except as pr vi by lif i i il r t riz r ti s . 8 ti f t r , i l i t i i Interest Co o r , it i t t t i r i ti i r i r r t r t i t r tion agement of the roject. Judicial rtiti n l si Con i r i i i n f the sale i t r t r . S r l i i t g t r ctiv r t i as th ir i t r t i r i t t ti t t t f ir r t l f ' i iu t t l ' iniums f t te i i t l i t t of th ev t i i ri t ri t rtiti t n . . . . l ommunications t: t r l ts (c ll ti l " l i tions over t r j f tr ti g, i t lli , l ating, alt ring, op ting, maint i ing, in cting, up ding, r ving an enhanci / /06 .\ PWIN60\PROJECTSICROSSROADSIDEC 10. . 6. Telecommunications Facilities (collectively, "Telecommunications Purposes") for the benefit of Declarant. Such easements are freely transferable by Declarant to any other Person and their successors and assigns (subject to other existing agreements of instruments of Record). No one, except for Declarant and Declarant's transferees may use the Project for Telecommunications Purposes. All Telecommunications Facilities shall be owned, leased or licensed by Declarant, as determined by Declarant, in its sole discretion and business judgment. Transfer of the Project does not imply transfer of any Telecommunications Easements or Telecommunications Facilities. The holders of the Telecommunications Easements may not exercise the rights reserved hereunder in any manner which will unreasonably interfere with the reasonable use and enjoyment of the Project by any Owner. If the exercise of any Telecommunications Easement results in damage to the Project, then the easement holder who caused the damage shall, within a reasonable period of time, repair such damage. If Declarant has not conveyed the Telecommunications Easements in the Project to another Person before the last Close of Escrow in the Project, then Declarant grants the Telecommunications Easements to the Association effective as of the last Close of Escrow in the Project. 2.8. All Easements Part of Common Plan: Whenever any easements are reserved or created or are to be reserved or created in this Declaration, such easements shall constitute equitable servitudes for the mutual benefit of all property in the Project, even if only certain Units are specifically mentioned as subject to or benefiting from a particular easement. Easements referred to in this Declaration that are created by grant deeds, subsequent to the date of this Declaration shall be part of the common plan created by this Declaration for the benefit of all property Owners within the Project. ARTICLE III. ASSOCIATION, ADMINISTRATION, MEMBERSHIP AND VOTING RIGHTS 3.1. Association to Manage Common Areas: The management of the Common Areas shall be vested in the Association in accordance with this Declaration the Bylaws. Each Owner covenants and agrees that the administration of the Project shall be in accordance with the provisions of this Declaration, and the Articles and Bylaws. 3.2. Membership: The Owner of a Condominium shall automatically, upon becoming the Owner of the Condominium, be a Member of the Association, and shall remain a Member of the Association until such time as the ownership ceases for any reason, at which time the membership in the Association shall automatically cease. Membership shall be held in accordance with the Articles and Bylaws. 3.3. Transferred Membership: Membership in the Association shall not be transferred, encumbered, pledged, or alienated in any way, except upon the sale or encumbrance of the Condominium to which it is appurtenant, and then only to the purchaser, in the case of a sale, or Mortgagee, in the case of an encumbrance of such Condominium. On any transfer of title to an Owner's Condominium, including a transfer on the death of an Owner, membership passes automatically with title to the transferee. A Mortgagee does not have membership rights until it obtains title to the Condominium by Foreclosure or deed in lieu of Foreclosure. Any attempt to make a prohibited transfer is void. No Member may resign his or her membership. On notice of a transfer, the Association shall record the transfer on its books. 3.4. Membership and Voting Rights: Membership and voting rights shall be as set forth in the Bylaws. 12 10/4/06 TAWPWIN601PROJECTSCROSSROADS\DEC 10.04.06.DOC ( unications Facilities (co l ti " l i tions ) t. are freely tra f r l by Declara t to ject ot exi ents f i r ents of ecord). N on exc f De l t t' tr unications rposes. ll nications s ll be o ned, leased or lice by l i l i r ti s j ent. Transfer of the Project does not imply transfer of any Teleco i tions or l Facilities. The holders of the l i Ease e t t rights reserved hereunder in any a r i l i j t f th Proj by a If the exercis of any Telec i tions t lts i d to the Project, the the ease hol c t da , i le p ri f ti r If Declarant has n t co t nications in the r j to anot r Person bef r t l t t l Easements to the A sociation e fective as of the last Close of scr i t. . All Easert:lents Part of Com Pl t t r r i i l b of a l propert in the Project, ev if onl c rt Unit ar sp i j ct r ben fi fr a parti e t. Ease r f t in thi Decl r t de , subseque t to the date of t is l i ll rt f l for th ben fit of a l prop rt . I I. A , I , IP ( . Association to Manage Comm Ar : f t t i t i i a tion t e l s. E c t t th ad i i of th Pr j t s ll i ti , t l rship: i , be a e r of th i ti n i t o ce for any re t r i i i ti n ll ti l y c Membership shall be held in accordan i t rti l sfer ed rship: bership in ciation l be transf , pledged, or alienated in any way, except upon t l it i and then only to th purchas r, in t i brance s i i . On any transfer of title to an Owner' Cond , in l r th death of an r, e pass t t t Mor e n ha me hip ts til i s ti t the Cond i r i li . Any a te t t i ited f r i . r i r h r On notice of a transfer, t s ll r t . . rship ing i ts: /06 :\ PWIN60\PROJECTS\CROSSROADS\ EC . .DOC 3.5. Classes of Voting. The Association shall have two (2) classes of voting membership: A. Class A: Class A Members shall be all Owners with the exception of the Declarant (as defined in the Declaration) and shall be entitled to one (1) vote for each Unit owned. When more than one (1) person holds an interest in any Unit, all such persons shall be Members. The vote for such Unit shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Unit. B. Class B: The Class B Member shall be the Declarant, whose voting rights shall be the same as for Class A memberships, except that the Class B Member may triple its votes for each Unit owned. The Class B membership shall cease and be converted to Class A membership upon the happening of either of the following events, whichever occurs earlier: (1) when the total votes outstanding in the Class A membership equal the total votes (tripled as stated above) outstanding in the Class B membership; or (2) on the second anniversary of the first conveyance of a subdivision interest in the Project pursuant to a Public Report. During the time that there are two (2) outstanding classes of membership any action by the Association which must have the approval of the Members before being undertaken shall require the vote of a majority of a quorum of each class of membership, or written assent of a majority of each class of membership. Where the vote or written assent of each class of membership is required, any requirement that the vote of Declarant be excluded is not applicable, except as provided in the Declaration. After the conversion of Class B membership to Class A membership, any provision herein requiring the approval of Members other than Declarant, except as provided otherwise in the Declaration, shall mean the vote of a majority of a quorum, or written assent of a majority of the total voting power of the Association (including Declarant's vote(s)) and the vote of a majority of a quorum, or written assent of a majority of the total voting power of Members other than the Declarant. 3.6. Membership and Voting Rights: Membership and voting rights shall be as set forth in the Bylaws. 3.7. Continuing Approval of Declarant: Notwithstanding the termination of the Class "B" membership described in Section 3.5.B above, the approval of the Declarant shall continue to be required before the Association may take any of the permitted actions noted in Sections 3.7A through 3.7F below, until the earlier of either: (i) such time as Owners, other than Declarant, own at least seventy-five percent (75%) of the Units in the Project, or (ii) December 31, 2010. A. Reduction in the level of, or change in allocation of responsibility for (i) maintenance of and repairs to all or part of any Association Area subject to this Declaration and (ii) any other maintenance obligations of the Association set forth in the Article V; B. Conveyance by the Association of all or any part of the Association Property; C. Alteration in the method of fixing and collecting Assessments; D. Reduction or modification of any easement rights reserved to Declarant pursuant to the provisions of this Declaration; 10/4/06 13 T:\WPW1N601PROJECTS\CROSSROADSIDEC 10.04.06.DOC ( ( 3.5. Classes of oting. sociation l t ( ) l sses of voting membership: A. Class A: lass bers l ers it t e ception of the Declarant(as defined in the Declaration) s ll titled te f r ach nit owned. When more thanone (1) person holds an interest in i , l h ons ll bers. The vote for such Unit shallbe exercised as they a on the l es deter , but in no event shall more than one (1) vote be cast with ect it. B. Class B: The l ss ber l larant, ose voting rights shall bethe same as for Class erships, e t t t t l B er ay triple its votes for each Unitowned. The Class B e bership sh ll c rted t l e bership upon the happening of it er f t f ing ts, i ever curs earlier: (1) when the tot l tes tstanding i s bership equal the total votes (tripled t ted e) tanding i t l s e bership; or (2) on the sec nd i ersary of th fir ance f s division interest in the ject rsuant lic rt. During the ti e that th r ar tw (2) out nding cl es of m bership any action by theAssociation which must have th ap r l of t rs bef bei undertaken shall require the vote ofa majority of a quoru of eac cla of me ership, itten sent of a ajority of each class ofmembership. here the vote or writt a t of e cl of ership is required, any requirementthat the vote of Declarant be luded i t plicable, cept s rovided in the Declaration. After theconversion of Class B e bership t l bership, r ision herein requiring the approval ofMembers other than Decl rant, e t a pr i ed ot ise i t eclaration, shall mean the vote of amajority of a quoru , or ritt as t of a rity t t l v ti er of the Association (includingDeclarant's vote(s)) and the vot of a j it f , or ritt n ssent of a ajority of the total voting er f bers r t t l rant. 3.6. Membership an ting i hts: bership a ti ri hts shall be as set forth in the l s. 3.7. Continuing pproval f larant: twithstanding t e termination of the Class "8"membership described in ection 6 , t l f t l rant shall continue to be requiredbefore the Association y t ke ny f the ermitted ctions ted in Sections 3.7 A through 3.7Fbelow, until the earlier of eit r: (i) suc ti as O , oth th D clarant, own at least seventy-five percent ( ) f t U in th Pr t, or (ii) ber 31, 2010. A. Reduction in the l vel f, o c nge i all cation f responsibility for (i)maintenance of and repairs to all or p ociation s j ct to this Declaration and (ii) anyother aintenance ligations o t ociation s t f rt in the Article V; B. Conveyance t ciation ' t f t ssociation Property; C. lteration i t d of i g ll cting ssessments; D. Reduction or ification ement ri ts r . r d to eclarant pursuant to the visions is laration; /4/06 T:\ PW1N60\PROJ CTS\CROSSROADS\DEC 1Q,Q4,Q6.DOC E. Alteration in the method of enforcing the provisions of this Declaration; and F. Amendments or Supplements to this Declaration or any other Project Document which would diminish or otherwise affect Declarant's right of approval regarding the actions enumerated above. ARTICLE IV. ASSESSMENTS AND LIENS 4.1. Creation of the Lien and Personal Obligation of Assessments: The Declarant, for each Condominium within the Project, hereby covenants, and each Owner of any Condominium by acceptance of a deed for that Condominium, whether or not it shall be so expressed in such deed, covenants and agrees: (1) to pay Regular Assessments, Special Assessments and Reimbursement Charges to the Association as established in this Decimation, and (2) to allow the Association to enforce any Assessment Lien established under this Declaration by nonjudicial proceedings under a power of sale or by any other means authorized by law. The Regular and Special Assessments, including Reimbursement Charges, to the extent Reimbursement Charges may be the subject of a lien under applicable law, together with interest, late charges, collection costs and reasonable attorneys' fees, shall be a charge on the Condominium and shall be a continuing Assessment Lien upon the Condominium against'which each such Assessment is made, the lien to become effective upon recordation of a Notice of Delinquent Assessment. Each Assessment, together with interest, late charges, collection costs, and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Condominium at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall not pass to his successors in title unless expressly assumed by them. No Owner shall be exempt from liability for payment of Assessments by waiver of the use or enjoyment of any of the Common Areas or by the abandonment of the Owner's Condominium. The interest of any Owner in the amounts paid pursuant to any Assessment upon the transfer of ownership shall pass to the new Owner. Upon the termination of these covenants for any reason, any amounts remaining from the collection of such Assessments after paying all amounts properly charged against such Assessments shall be distributed to the then Owners on the same pro rata basis on which the Assessments were collected. 4.2. Purpose of Assessments: The Assessments levied by the Association shall be used exclusively to promote the economic interests, recreation, health, safety, and welfare of all the Owners and other residents in the Project and to enable the Association to perform its obligations under this Declaration. 4.3. Assessments: A. Regular Assessments: The Board shall establish and levy Regular Assessments in an amount that the Board estimates will be sufficient to raise the funds needed to perform the duties of the Association during each fiscal year. Regular Assessments shall be made for a one-year period and collected in monthly installments. 10/4/06 14 TAWPWIN601PROJECTS\CROSSROADS\DEC 10.04.06.00C ( ( ( '. . l i i f i f t i l r ti ; . d ents l ents t tion or j t nt ic ld i i ish or ot ise f t De t's ri al re i g t ti s erated . I . . r tion the lien nal ligation f sses ments: l r t, f r each i i within the Project, hereby covenants, and each Owner of any o i i c t nce of f r t t i i . t or not it i , t grees: p Regul As ts, l ts Rei r ent t t est li i t i lar ti , t ll t i t li r t i l r ti by no j i pr under a po f r t r t rized by la . Re l and Special A sess ts, incl i g ursement harges, to t extent i rsement t s lie u a l la , t t r it i t r st, late c r , ll ti c t r att r t i i nd shall ti i ss t Lien upon the Condominiu ag i f each such t is ade, the li t bec e f u re ti n li nt ss ent. Eac Assess ent, t t er it i t l t c , c ll , able tt meys' f s, s ll also be the r onal ligation f n t r s C inium t t ti e hen the s t f ll . The personal obligatio for deli shall n t t i s ccessors i titl unl expr l ed t . r ll ex t fr lia ilit f r p y ent of s t by aiv r of th us or e j t f r t ent of the ' iniu . i t r t f i t t ent t tr sf r f rship ll t t Upon the ter i of thes cove t f r y reason, any ts r i i f t c ll f suc ts p i ll a t r erly charged i t sha l be distribut to th th t r r t sis on hich the ents . . . ose sessments: s ents i d t i tion ll e used l i l t r t t interests, recre ti , lt , s f t , a lf r f ll t e ners and t r r i t in t r j t t l t t it li ti r t is eclaration. . Asse s ts: . l essments: l l r ts i t t t t o r i ill be ffi t t rf r t e duties of the ciation ring h al r. Regular Ass nts ll f r a one-y ar period and t i ts. f :\ PWIN60\PROJECTS\CROSSROADS\ EC 0.04.06. DO The Regular Assessment shall include a portion for reserves in such amounts as the Board in its discretion considers appropriate to meet the costs of the future repair, replacement or additions to the major Improvements and fixtures that the Association is obligated to maintain and repair. Reserve funds shall be deposited in a separate account and the signatures of at least two (2) persons who shall either be members of the Board or one officer who is not a member of the Board and a member of the Board shall be required to withdraw monies from the reserve account. B. Special Assessments: The Board, at any time, may levy a Special Assessment in order to raise funds for unexpected operating or other costs, insufficient operating or reserve funds, or such other purposes as the Board in its discretion considers appropriate. Special Assessments shall be allocated among the Units in the same manner as Regular Assessments, except in the case of an Assessment,levied by the Board against a Member to reimburse the Association for costs incurred in bringing a Member into compliance with provisions of the Governing Documents. 4.4. Restrictions on Increases in Regular Assessments or Special Assessments: A. Restrictions. Without having first obtained the approval of such action by the vote or written assent of Members casting a majority of the votes at a meeting of the Association at which a quorum is present, the Board may not: (1) impose a Regular Assessment on any Condominium which is more than twenty percent (20%) greater than the Regular Assessment for the immediately preceding fiscal year or (2) levy a Special Assessment to defray the cost of any action or undertaking on behalf of the Association which in the aggregate exceeds five percent (5%) of the budgeted gross expenses of the Association for that fiscal year. For purposes of this Section 4.4, a "quorum" means Members constituting more than fifty percent (50%) of the voting power of the Association. Any meeting of the Association for purposes of complying with this Section 4.4 shall be conducted in accordance with Chapter 5 (commencing with § 7510) of Part 3, Division 2 of. Title 1 of the California Corporations Code and § 7613 of the California Corporations Code. The right of the Board to increase Regular Assessments by up to twenty percent (20%) over the Regular Assessment for the immediately preceding fiscal year is subject to the Board having complied with the provisions of California Civil Code § 1365(a), which provisions are set forth in Section 12.1A of the Bylaws or having obtained the approval of such increase by the Members in the manner set forth above in this Section 4.4. B. Assessments - Emergency Situations. Notwithstanding the foregoing, the Board, without membership approval, may increase Regular Assessments or levy Special Assessments necessary for an emergency situation in amounts that exceed the provisions of Section 4.4A, above. For purposes of this section, an emergency situation is one of the following: (1) an extraordinary expense required by an order of a court, (2) an extraordinary expense necessary to repair or maintain the Project or any part of it for which the Association is responsible where a threat to personal safety on the Project is discovered, or (3) an extraordinary expense necessary to repair or maintain the Project or any part of it for which the Association is responsible that could not have been reasonably foreseen by the Board in preparing and distributing the pro forma operating budget, provided, however, that prior to the imposition or collection of the Assessment, the Board shall pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not or could not have been 10/4/06 15 TAWPWIN601PROJECTS\CROSSROADS\DEC 10.04.06.DOC ( The Regular Ass ss t s ll i l r i ounts as the Board in itsdiscretion considers appropriate to meet the costs of th f t r rep ir, r l ce ent or additions to the majorImprove ents and fixt r t t t t i t i repair. eserve funds shall bedeposited in a separat acco t and the sig t r of t l t t ( ) rs s ho shall either be membersof the Board or one offic r is t r of the Board shall be required to it r f t res r t. B. Special s essments: l ecial Assess ent inorder to raise funds for u t i fi i t r ti g or reserve funds, or suchother purposes as the Board in its i r i t . Special ssess ents shall be af/ocatedamong the Units in th s , t i t case of an Assessment.leviedby the Board against a e r t rei i f t i rr in bringing a Member into li ce r i f t r i c ents. 4.4. Restrictions I es lar essments r cial ssessments: A. Restrictions. it t i fir t t i the approval of s c action by the vote orwritten assent of e r casting a ajority f ti f t ssociation at which a quorumis present, the oard ay not: ( ) i t ndo iniu which is more thantwenty percent (20 ) gr t r t t t f r i i t ly preceding fiscal year or (2)levy a Special Assess t to defray the cost f ti r rt i behalf of the Association whichin the aggregate exceeds five percent (5 ) of t t gross exp of the ssociation for that fiscalyear. For purposes of thi S ti " r stituting ore than fifty percent(50%) of the voting po r f t i Any meeting of the Associati for purposes of complying withthis Section 4.4 shall c t i t r ( encing with § 7510) of Part 3,Division 2 of Title 1 of t lif r i ti ns f t lifornia Corporations Code.The right of the Board to increas Regul r by u t t t rcent (20 ) over the RegularAssessment for the i i t l i g l r j t t t rd having co plied with theprovisions of aliforni Civil Code § 1365(a), which provisions are set forth in Section 12.1A of the Bylaws orhaving obtained the approval of such increase by t r in t er set forth above in this Section B. Assessments· rgency ituations. i t f r going, the Board,without me bership approval, may incre e l r Ass s t or levy cial ssess ents necessaryfor an e ergency sit ti in t i i f ti n 4.4A, above. For purposes oft i ti , e sit is f t f llo ing: (1) tr i ry se r r f court, (2) an extr r i r i r i t i the roject or anypart of it for which the A sociati is resp l t t t p rs al safety on the Project is ered, (3) an extra r i ry i i t i t roject or anypart of it for which th i ti is r i l t t coul not have b reasonably foreseen by the Boardin preparing and distri ti the pro f r i , ever, that prior to the impositionor collection of the Ass s t, t a res l ti t i i g ritten findings as to thenecessity of the extr r i ry l ed y nse as not or could not have been / :\ P IN60\PROJECTS\CROSSROADSI EC .04.06. C reasonably foreseen in the budgeting process and the resolution shall be distributed to the Members with the notice of the Assessment. The Association shall provide to the Owners by first-class mail notice of any increase in the Regular Assessments or Special Assessments of the Association, not less than thirty (30) nor more than sixty (60) days prior to the increased Assessment becoming due. This Section 4.4.B incorporates the statutory requirements of California Civil Code § 1366. If this section of the California Civil Code is amended in any manner, this Section 4.4.B shall be automatically amended in the same manner without the necessity of amending this Declaration. C. Notice and Quorum for Any Action Authorized Under Section 4.4: Any action authorized under Section 4.4, which requires a vote of the membership, shall be taken at a meeting called for that purpose, written notice of which shall be personally delivered or mailed to all Members not less than ten (10) nor more than ninety (90) days in advance of the meeting specifying the place, day and hour of the meeting and, in the case of a special meeting, the nature of the business to be undertaken. The action may also be taken without a meeting pursuant to the provisions of California Corporations Code §7513. 4.5. Division of Assessments: Both Regular Assessments and Special Assessments shall be levied equally among the Condominiums, except for that portion of the Assessments specially allocated to meet the cost of insurance, painting and roof reserves, and any commonly metered domestic water, gas or electricity. These specially allocated items shall be levied among the Condominiums in the proportion that the square footage of living space of each Unit bears to the square footage of all the Units subject to the Declaration as determined by the plans prepared by Declarant and set forth in the budget submitted to the California Department of Real Estate. Regular Assessments shall be collected on a monthly basis unless the Board directs otherwise. Special Assessments may be collected in one (1) payment or periodically as the Board shall direct. 4.6. Date of Commencement of RegularAssessment; Due Dates: The Regular Assessments (including, where applicable Cost Center Assessments) provided for in this Declaration shall commence as to all Condominiums covered by this Declaration on the first day of the month following the first conveyance of a Condominium to an individual Owner under authority of a public report. The first Assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall use its best efforts to fix the amount of the Regular Assessment against each Condominium and send written notice thereof to every Owner at least forty-five (45) days in advance of each Regular Assessment period, provided that failure to comply with the foregoing shall not affect the validity of any Assessment levied by the Board. Regular Assessments may be prorated on a monthly basis. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer or designated representative of the Association stating that the Assessments on a specified Condominium have been paid. Such a certificate shall be conclusive evidence of such payment. 4.7. Effect of Nonpayment of Assessments: Any Assessment not paid within fifteen (15) days after the due date shall be delinquent, shall bear interest at the, rate of twelve percent (12%) per annum commencing thirty (30) days after the due date until paid, and shall incur a late payment penalty in an amount to be set by the Board from time to time, not to exceed the maximum permitted by applicable law. 10/4/06 16 TAWPWIN601PROJECTS\CROSSROADS \DEC 10.04.06.DOC ( ( ( reasonably foreseen in the budgeting proce s and the resolution shall be distributed to the Members with the s ent. The Association sh ll pr i to t r by fi il ti f any increase in the RegularAssessments or peci l t of th s i . n t l t t irty (3D) nor ore than sixty (60) ri i s ent i due. This Section 4.4.8 inc r r tes t r i ents f lifornia ivil ode § 1366. If thissection of the California i il i a i a t i ti .4.8 shall be automaticallya ended in th sa an r t nec i f i t is eclaration. C. Notice and rum f ion thorized r tion 4.4: Any actionauthorized under ecti . , i r i a v t of t r i , s ll be taken at a meeting calledfor that purpose, ritten n ti f i s ll be pers ll li r il to all e bers not less thanten (10) nor ore tha i t ( ti ifying the place. day and hour of themeeting and, in the cas f i l ti . t e business to be undertaken. The action mayalso be taken ith t ti p r t th provisi f lif r i orporations Code §7513. 4.5. Division of A s~s ents: s ents cial ssess ents shall belevied equally a ong th i i , exc t f r t f t ss ents specially allocated tomeet the cost of insur , i ti r f r r ly etered do estic water, gas orelectricity. These specially allocat ite s sha l be levied t o iniu s in the proportion thatthe square footage of li i f Unit be r t t r f t e of all the Units subject to theDeclaration as deter i by t l pr by ecl r t t f rt in the budget submitted to theCalifornia Depart ent f l t Regular Assess sh ll b c ll cted on a onthly basis unlessthe Board directs other is . Special Assess may be coll t in (1) pay ent or periodically as t l t. . 4.6. Date of Co mencement of Regular A se s Due t : e egular Assessments(including, where applic l t pr i f r i t is eclaration shall commence asto all Condo iniu s cov r by t i l on the fir t f t t f llo ing the first conveyanceof a Condo iniu to an i i i l r t rity of a public report. e first Assessment shall beadjuste r i t t n re i i i t calendar year. The Board of ir ct r ll it t t f t egular Assessment againsteach Condo iniu and send ritten notice thereof to every Owner at least forty-five (45) days in advance ofeach Regular Assess ent ri , i l it t f regoing shall not affect thevalidity of any Assess t l i eg l r t ay be prorated on a monthly basis.The due dates shall t li f i t rs. i tion shall, upon demand, and fora reasonable charge, f r ish cer i i te i a o fi or desig ated representative of theAssociation stating that t nts i iniu een paid. Such a certificate ll i t. 4.7. Effect of o y ent sments: t not paid ithin fifteen (15) daysafter the due date sh ll be deli sha l bear interest at th , r t f t elve percent (12%) per annumcommencing thirty (30) s fter t ll i r late pay ent penalty in anamount to be set by the r fr ti t ti t i per itted by applicable law. / :\ P IN60\PROJECTS\CROSSROADS\ EC .04.06.DOC 4.8. Transfer of Condominium by Sale or Foreclosure: Sale or transfer of any Condominium shall not affect the Assessment Lien. However, the sale of any Condominium pursuant to Foreclosure of a First Mortgage shall extinguish the Assessment Lien of any Assessments on that Condominium (including attorneys' fees, late charges, or interest levied in connection therewith) as to payments which became due prior to such sale or transfer (except for Assessment Liens as to which a Notice of Delinquent Assessments has been recorded prior to the Mortgage). No amendment of the preceding sentence may be made without the consent of Owners of Condominiums to which at least sixty-seven percent (67%) of the votes in the Association are allocated, and the consent of the Eligible Mortgage Holders holding First Mortgages on Condominiums comprising fifty-one percent (51%) of the Condominiums subject to First Mortgages. No sale or transfer shall relieve such Condominium from liability for any Assessments thereafter becoming due or from the lien thereof. The unpaid share of such Assessments shall be deemed to be Common Expenses collectible from all of the Condominium Owners including such acquirer, his successors or assigns. If a Condominium is transferred, the grantor shall remain liable to the Association for all unpaid Assessments against the Condominium through and including the date of the transfer. The grantee shall be entitled to a statement from the Association, dated as of the date of transfer, setting forth the amount of the unpaid Assessments against the Condominium to be transferred and the Condominium shall not be subject to a lien for unpaid Assessments in excess of the amount set forth in the statement, provided, however, the grantee shall be liable for any Assessments that become due after the date of the transfer. 4.9. Priorities; Enforcement; Remedies: If an Owner fails to pay an Assessment when due, the Association has the right, and option, to bring legal action against the Owner to enforce collection of the unpaid and past due Assessment, or may impose an Assessment Lien on the Unit owned by Owner pursuant to the provisions of Civil Code § 1367.1. Suit to recover a money judgment for unpaid Assessments and attorneys' fees, shall be maintainable without foreclosing or waiving the lien securing the same. The Association shall distribute the written notice described in subdivision (b) of Civil Code § 1365.1 entitled "Notice Assessments and Foreclosure" to each. Member during the 60-day period immediately preceding the beginning of the Association's fiscal year. The notice is to be printed in at least 12-point type. A. Statement of Charges: At least 30 days prior to the Association recording an Assessment Lien upon a Unit pursuant to Civil Code § 1367.1(a), the Association shall notify the owner of record in writing by certified mail of the following: (1) A general description of the collection and lien enforcement procedures of the Association and the method of calculation of the amount owed, a statement that the Owner has the right to inspect the Association's records, pursuant to section 8333 of the Corporations Code, and the following statement in 14-point boldface type, if printed, or in capital letters, if typed: "IMPORTANT NOTICE: IF YOUR SEPARATE INTEREST IS PLACED IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR ASSESSMENTS, IT MAY BE SOLD WITHOUT COURT ACTION". (2) An itemized statement of the charges owed by the Owner, including items on the statement which indicate the amount of any delinquent assessments, the fees and reasonable costs of collection, reasonable attorney's fees, any late charges, and interest, if any. (3) A statement that the Owner shall not be liable to pay the charges, interest, and costs of collection, if it is determined the Assessment was paid on time to the Association. 10/4/06 17 T:\WPWIN601PROJECTS\CROSSROADS\DEC 10.04.06.DOC ( 4.8. Transfer of Condomini by Sale or For sure: l r tr f r of any ondo iniumshall not affect the s t Lie . However, the sale of any i i pursuant to Foreclosure of aFirst Mortgage shall exti i th i f t t t ondo iniu (includingattorneys' fees, late ch r , or inter t l i i t it ) t pay ents which became dueprior to such sale or tr f r ( i i tice of elinquent Assessmentshas been recorded ri r t t No of t r i s ntence ay be made withoutthe consent of n r of Con i t t le t si t rc nt (67 ) of the votes in theAssociation are all c t , a t co f t Eligi l Mort ol rs holding First Mortgages onCondominiu s co prising fifty-one percent (51%) of the Condominiums subject to First ortgages. No saleor transfer shall reli v su Cond i fr li ili ts thereafter becoming due or f. The unpaid shar f s l t xpenses collectible fromall of the o i i r i l i , i ssors or assigns. If a Condo ini is transf t gr s r i li l t t ssociation for all unpaidAssessments against the Condo iniu through and including the date of the tr sfer. The grantee shall beentitled to a state t fr t i t f t t f tr f r, setting forth the amount of theunpaid Assess ents against the Congominiu to be tra f rr and the do iniu shall not be subjectto a lien for unpaid s t in exc ft e t t i t t t ent, provided, however, thegrantee shall b lia l for a t t d aft r t ate of the transfer. 4.9. Priorities; f r ent; i : If il t Assess ent hen due, theAssociation has the rig t, an opti t bri le l ti i t t r t enforce collection of theunpaid and past d As t, i ent lien n the nit owned by Ownerpursuant to the pr visions f i il e .1. Suit to recover a money judg ent for unpaidAssessments and attom ' fees, shall be ai t i l it t for l i r iving the lien securing thesame. The Association shall distribute the wri ten notice descri in s i i i (b) of ivil Code § 1365.1entitled "Notice ss ts and Forecl t eac r ri t e 60-day period immediatelypreceding the begi i of the ss i ti ' fi l y r. The notice is to be printed in at least 12-point type. A. State ent f r s: l d pri t th Ass ci tion recording anAssessment Lien upo a Unit pursua t to ivil 136 . (a), t i ti n shall notify the owner of r i il f t f ll i : (1) ge r l ri ti i f r ent r cedures of theAssociation and th et of calculati of th , t t t that the wner has the right toinspect the Associatio 's rec r , p r t f t r r ti s ode, and the followingstate ent in 14-p i t l f ce t , ri ted.'or in apital l tters, if typed: "I RTANT NOTICE: IFYOUR SEPA I IS I A E BEHIND INYOUR NTS, I ' I ". (2) n it i t t t f r, i l ing ite s on thestate ent hich i i t t a f a t ts. t fees and reasonable costs ofcollecti , r l att r f , l t , i t rest, if any, (3) stat t t t t t r s, interest, and costs of coll cti , if it is t t t i ti e to the Association. :\ IN60\P ECTS\C O \ C . .06. C (4) The right to request a meeting with the Board as provided by Civil Code Section 1367.1 (c)(3). (5) The right to dispute the Assessment debt by submitting a written request for dispute resolution to the Association pursuant to the Association's "meet and confer" program required in Article 5 (commencing with Section 1363.810) of Chapter 4 of the Civil Code. (6) The right to request alternative dispute resolution with a neutral third party pursuant to Article 2 (commencing with Section 1369.510) of Chapter 7 of the Civil Code before the Association may initiate foreclosure against the Owners Unit, except that binding arbitration shall not be available if the Association intends to initiate a judicial foreclosure. Note: Any payments made by the Owner toward the debt shall first be applied to the Assessments owed, and, only after the Assessments owed are paid in full shall the payments be applied to the fees and costs of collection, attorneys' fees, late charges, or interest. The Association need not accept any tender of a partial payment of an Assessment and all costs and attorneys' fees attributable thereto. Acceptance of any such tender does not waive the Association's right to demand and receive full payment. When an Owner makes a payment, the owner may request a receipt and the Association shall provide it. The receipt shall indicate the date of payment and the person who received it. The Association shall provide a mailing address for overnight payment of Assessments. B. Payment Plan: An Owner may submit a written request to meet with the Board to discuss a payment plan for the Assessment debt noticed pursuant to section 4.9.A. The Association shall provide the Owners the standards for payment plans, if any exist. The Board shall meet with the Owner in executive session within forty five (45) days of the postmark of the request, if the request is mailed within fifteen (15) days of the date of the postmark of the notice, unless there is no regularly scheduled Board meeting within that period, in which case the Board may designate a committee of one or more members to meet with the Owner. Payment plans may incorporate any assessments that accrue during the payment plan period. Payment plans shall not impede the Association's ability to record a lien on the Owner's Unit to secure payment of delinquent Assessments. Additional late fees shall not accrue during the payment plan period if the Owner is in compliance with the terms of the payment plan. In the event of a default on any payment plan, the Association may resume its efforts to collect the delinquent Assessments from the time prior to entering into the payment plan. C. Notice of Delinquent Assessment: After compliance with the provisions of Civil Code § 1367.1(a), the Association may record a Notice of Delinquent Assessment and establish an Assessment Lien against the Unit of the delinquent Owner prior and superior to all other liens recorded subsequent to the Notice of Delinquent Assessment, except (1) all taxes, bonds, assessments and other levies which, by law, would be superior thereto, and (2) the lien or charge of any First Mortgage of record recorded prior to the Notice of Delinquent Assessment. The Notice of Delinquent Assessment shall include an itemized statement of the charges owed by the Owner described in section 4.9.A above, a description of the Unit against which the Assessment and other sums are levied, the name of the record Owner, and the name and address of the trustee authorized by the Association to enforce the lien by sale. The notice shall be signed by any officer of the Association or any management agent retained by the Association and shall be mailed by certified mail to every person whose name is shown as an Owner of the Unit in the Association's records no later than ten (10) calendar days after recordation. D. Lien Releases: Within twenty-one (21) days after payment of the sums specified in the Notice of Delinquent Assessment, the Association shall record or cause to be recorded in the Office of 10/4/06 18 TAWPWIN60kPROJ ECTS1 CROSSROADS \DEC 10.04.06.DOC ( ( ( ( ) ri t t r t r r i i il ection ( ) ri t t i t nt i ti ritt r est for dispute res l ti t th s i pursua t t t ' t f r" progra required in rti l ( i it ti 1363. t r f t ivil ode. ( ) ri t to req alt i t l tion it tr l t ir party pursuant to rti l (co ing .510) of apter f t ivil ode before the Association ay i iti t f r l r ' i t t i i r itr tion shall not be il l if t int to initiate a j i i l br closure. ~: Any pay e ts t li t t ssess ents owed, and, only ft r t o ar i i t li to the fees and costs of coll cti , tt m ' f lat i ti ne t accept any tender ofa partial pay ent f and a l costs and tt r ' i t l t r t . cceptance of any such tender t i t ~ ' i f ll y ent. hen an wner akes a pay e t, t r i t t ssociation ll r vide it. he receipt shall indicate the t f t t p r i d . The Asso i ti s all provide a ailing f ts. . nt l : it ritt n t t t it t e oard to discuss a p y t pl f r t t i t ti . . . he ssociation shall provide the r t t for pay l i i r ll eet ith the wner inexecutive sessi it i f rt fi ( ) t, if t r st is ailed ithin fifteen (15) f t d t of th post of th noti u l t r is n reg l rly scheduled Boardeeting ithin that period, in i case the Boar itt f r ore e bers to eet ith the r. Pay ent plans may incorporate any ss s t that r ri the pay ent plan period. Pay ent l ll t i t ti n's ility r li t ner's nit to secure pay t f li t . i l ll t r ring the pay ent planperiod if th r i i li ent l . In t v nt of a default on any pay ent pl , t i ti r it t li t s ss ents fro the time i t l . c. otice f O li ent ssment: it t r i i s of ivil Code 1367.1 ( ), th As i ti n re Noti of Delin t As nt nd establish an Assess ent i i t t it of the deli i ri r t ll other liens recordedsubsequent to t Noti f eli ( , , ss ents and other levies hic , l . l th r t ( ) t li r f irst ortgage of recordrecorded prior t t ti f li t t. ti f li t ss ent shall include an ite ized st t t f t ri d i ti . . above, a description of the nit ag i st i t a t l i t f t r cord ner, and thena e and addr ss f t tr t t b i ti t li l . he notice shall be signed y ffi r f t r t t r t i t ssociation and shall be ailed y c rtifi d il t e p ose e is own s ner of the nit in the ss i ti n's r n l t t te (10) l ft r r r ti : . Li l es: it i t f t cified in the Notice of li t the i ll r t r r d in the ffice of /4/06 :\ PWI N6 \ ROJ \CROSSROADS\ EC 0.04 . . OC the County Recorder in which the Notice of Delinquent Assessment is recorded a lien release or notice of rescission and provide the Owner a copy of the lien release or notice that the delinquent assessment has been satisfied. E. Enforcement of Assessment Lien and Limitations on Foreclosure: The collection by the Association of delinquent Regular Assessments or delinquent Special Assessments of an amount less than one thousand eight hundred dollars ($1,800), not including any accelerated Assessments, late charges, fees and costs of collection, attorney's fees, or interest, may not be enforced through judicial or nonjudicial foreclosure, but may be collected or secured in any of the following ways: (1) By a civil action in small claims court, pursuant to Chapter 5.5 (commencing with Section 116.110) of Title 1 of the Code of Civil Procedure. If the Association chooses to proceed by an action in small claims court, and prevails, the Association may enforce the judgment as permitted under Article 8 (commencing with Section 116.810) of Title 1 of the Code of Civil Procedure. The amount that may be recovered in small claims court to collect upon a debt for delinquent Assessments may not exceed the jurisdictional limits of the small claims court and shall be the sum of the following: (a) The amount owed as of the date of filing the complaint in the small claims court proceeding. - (b) In the discretion of the court, an additional amount to that described in subparagraph (a) equal to the amount owed for the period from the date the complaint is filed until satisfaction of the judgment, which total amount may include accruing unpaid assessments and any reasonable late charges, fees and costs of collection, attorney's fees, and interest, up to the jurisdictional limits of the small claims court. (2) By recording a lien on the Owner's Unit upon which the Association may not foreclose until the amount of the delinquent Assessments secured by the lien, exclusive of any accelerated assessments, late charges, fees and costs of collection, attorney's fees, or interest, equals or exceeds one thousand eight hundred dollars ($1,800) or the Assessments are more than 12 months delinquent. If the Association chooses to record a lien under these provisions, prior to recording the lien, the Association shall offer the Owner and, if so requested by the Owner, participate in dispute resolution as set forth in Article 5 (commencing with Section 1368.810) of Chapter 4. (3) Any other manner provided by law, except for judicial or nonjudicial foreclosure. F. Foreclosure: The Association may collect delinquent Regular Assessments or delinquent Special Assessments of an amount of one thousand eight hundred dollars ($1,800) or more, not including any accelerated assessments, late charges, fees and costs of collection, attorney's fees, or interest, or any Assessments that are more than 12 months delinquent, using judicial or nonjudicial foreclosure subject to the following conditions: (1) Prior to initiating a foreclosure on an owner's separate interest, the Association shall offer the Owner and, if so requested by the Owner, participate in dispute resolution pursuant to the Association's "meet and confer" program required in Article 5 (commencing with Section 1363.810) of Chapter 4 or alternative dispute resolution as set forth in Article 2 (commencing with Section 1369.510) of Chapter 7. The decision to pursue dispute resolution or a particular type of alternative dispute resolution shall be the choice of the Owner, except that binding arbitration shall not be available if the Association intends to initiate a judicial foreclosure. 10/4/06 19 TAWPWIN60\PROJECTS\CROSSROADS\DEC 10.04.06.DOC th nty rder in t uent ssment i r rded lien release or notice of rescission pr i th O a co of t lie rel or n ti t t t linquent assessment has n tisfied. . forcement ses ment n d i itations n oreclosure: c ll ction by the ssociation of deli ent R l r ssments i quent cial ses ments of an a ount less than th and eig hu doll ($ 0), n in ing lerated ssessments, late charges, f s c t of coll i n, att y's f , o i st, t forced t rough judicial or judicial f reclosure, t llected red i f t f llowing ays: ( ) a i il ti n l l i s rt, rsuant to hapter .5 ( mencing ith ection .110) of Ti l 1 of the Co of Civil Pro ure. If t ciation c oses to proceed by an action in s ll cl i s co t, an pr ils, t A ciation f rce t j dgment s per itted under rticle 8 (c encing wit Secti 116. of Titl 1 of t i il r cedure. a ount that ay be r c vered in s ll cl i co to c l t u t f li quent ses ments ay not exceed the j risdictional li ofthe s clai co a sh ll b th s of t follo ing: ( ) e ount ed f te f iling e plaint i t all i s urt ceeding. ( ) I t i cretion rt, itional unt t t t cribed i subparagraph (a) ual t t a unt ed r t p iod t te t c plaint is filed until satisfaction f t ju ent, w tot a nt ma incl e a ing u id a s ssments and any re sonable l t c s, fe an co of c l tion, att m y's f s, i t rest, up tQ the jurisdictional its l i s rt. ( ) r rding l t er's it n ich t ociation y not for close til t a t of t uent ssments s d b t li . clusive of any accelerated assessments, lat ch r , fees an cost of col ti n, att y's f . r i t rest, als or exceeds one thousand i t h red d ll ($ ,8 t ssments r t n nths delinquent. If the ssociation c s to recor a lien und th pro s, pri to r i g t li , t ssociation shall offer the er a , if so req t d by th r, p i ate i i ute r lution s s t forth in Article 5 mencing tion 13 . 10) f pter . ( ) t r er ided b l pt j dicial njudicial f reclosure. . reclosure: e ociation y ll ct linquent gular ssessments or delinquent ial A ents of an a t of o t nd i t red ll rs ( ,800) or ore, not including a lerated a ssments. te rges, es d ts f ll ction, attorney's fees, or interest, r A ssments t t ar m th 12 mont deli uent, u i j icial or nonjudicial reclosure ject t th foll ing ditions: ( ) ri r t i i i ting f reclosure n owner's separate i terest, t ssociation shall off r t r an , if so req t d by th O r, p i ipate i i ute r lution pursuant to the ssociation's " eet c f r" p ram r ired i i le ( encing itl} ection 1363.810) of hapter r lt rnative di te re tion s f i i le mencing ith ction 1369.510) of hapter . d i ion to pur dis t re tion or a pa lar t f lt rnative dispute resolution shall b t ice of th Ow , ex t th bi g ar ration ll t ilable if the ssociation nds tiate j i ial f losure. 14/ :\ PWI \ OJECTS\CROS ROADS\DEC . . . OC (2) The decision to initiate Foreclosure of an Assessment Lien for delinquent Assessments that has been validly recorded shall be made only by the Board and may not be delegated to an agent of the Association. The Board shall approve the decision by a majority vote of the Board members in an executive session. The Board shall record the vote in the minutes of the next meeting of the Board open to all members. The Board shall maintain the confidentiality of the Owner or Owners of the Unit by identifying the matter in the minutes by the Unit number of the property, rather than the name of the Owner or Owners. A Board vote to approve foreclosure of a lien shall take place at least thirty (30) days prior to any public sale. (3) The Board shall provide notice by personal service to an Owner of a Unit who occupies the Unit or to the owner's legal representative, if the Board votes to foreclose upon the Unit. The Board shall provide written notice to an Owner of a Unit who does not occupy the Unit by first-class mail, postage prepaid, at the most current address shown on the books of the Association. In the absence of written notification by the Owner to the Association, the address of the Owner's Unit may be treated as the Owner's mailing address. (4) A nonjudicial foreclosure by the Association to collect upon a debt for delinquent Assessments shall be subject to a right of redemption. The redemption period within which the Unit may be redeemed from a foreclosure sale under this paragraph ends 90 days after the sale. In addition to the requirements of Civil Code Section 2924, a notice of default shall be served by the Association'on the Owner's legal representative in accordance with the manner of service of summons in Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. Upon receipt of a written request by an Owner identifying a secondary address for purposes of collection notices, the Association shall send additional copies of any notices required by this section to the secondary address provided. The Association shall notify Owners of their right to submit secondary addresses to the Association, at the time the Association issues the pro forma operating budget pursuant to Section 1365. The Owner's request shall be in writing and shall be mailed to the Association in a manner that shall indicate the Association has received it. The Owner may identify or change a secondary address at any time, provided that, if a secondary address is identified or changed during the collection process, the Association shall only be required to send notices to the indicated secondary address from the point the Association receives the request. G. Sale by Trustee: Any sale by the trustee shall be conducted in accordance with the provisions of §§ 2924, 2924b, 2924c, 2924f, 2924g, 2924h and 2924j of the California Civil Code applicable to the exercise of powers of sale in mortgages and deeds of trust, including any successor statutes thereto, or in any other manner permitted by law. The fees of a trustee may not exceed the amounts prescribed in Civil Code §§ 2924c and 2924d. Nothing in this Declaration shall preclude the Association from bringing an action directly against an Owner for breach of the personal obligation to pay Assessments or from taking a deed in lieu of foreclosure. H. Purchase By Association: The Association, acting on behalf of the Condominium Owners, shall have the power to bid for the Condominium at a Foreclosure sale, and to acquire and hold, lease, mortgage and convey the Condominium. If the purchase of a Condominium would result in a five percent (5%) or greater increase in Assessments, the purchase shall require the vote or written consent of a majority of the total voting power of the Association, including a majority of Members other than Declarant. During the period a Condominium is owned by the Association, following Foreclosure: (1) no right to vote shall be exercised on behalf of the Condominium; 10/4/06 20 TAWPWIN601PROJECTS\CROSSROADS1DEC 10.04.06.DOC ( ( i i i l ure t li t t that has been validly recorde sha l be a onl by th r t l t t t f t Board sha l approv t i i by a j rit f t r r i ti s r sh ll rec r t i t i of th t ti f t r t ll e Bo r sh ll ai t t ti lity t r f t it i ti i th att r in t i t by th it r t t t f t r r . oard t t forecl s r of a li ll t place at least t irt ) ri r t i . r ll r i y r l service to f it i t nit r t l i , r lose n the nit. r ll pr i i ti t a f it not oc t it fir t·class il, t t t i ti n. I t ce f itt tifi by t to t i t of the r' nit tr t s t ' . no i ial closure by t e ociation to llect pon t f r li t sh ll be subject to a right f r red ti i it i i t it r f f s l ft r t l . I i i t f i il ti f lt ll r t i ti n on the Ovvner's leg l repre in it th a r f r i f s i rti l ( i it ecti 415. ) of Chapter of itl 5 of Part t f i il r r . r i of a ritt re by a i f r r s f ll cti ti t s i ti sha l send additional copies of any notices required by this s ti t t ry pr i sha l notify t ri t t it r r t t i ti n, t t ti t is t i t r t t ti . ' request sha l be in ritin and sha l be il t t i ti in a r t t ll i i t t i tion r it O i c a sec r s t ti , i t t, if i i ll ti r , t ciation ll l b r i t s n ti to th in i f t i t t i tion t r . l stee: t tr t t i r it t r Visi f , , , 2924f, 2924g, and 2924j of the alifor i i il li l t t i i l i r t t t t r t , i The fees of t t t t r ri i i il Nothing in t i l r ti ll r l t i ti fr ri i ti i tl i f r f t t p t r fr t i i li f r . . ase ciation: ti , ti l o inium , ll h t bi f r t t a For l l , t ir l , l , t i iu . If th purc of a Cond i i l r lt i fi (5 ) r i r in ss ss t , the purchase shall require the vote or ritten c t f j rit f t t l f t j t r t l r t. i t peri is owne by t , f ll i For l r : t i i ; :\ I 60\PROJECTS\CROSSROAD \ EC e (2) no Assessment shall be assessed or levied on the Condominium; and (3) each other Condominium shall be charged, in addition to its usual Assessment, its share of the Assessment that would have been charged to such Condominium had it not been acquired by the Association as a result of Foreclosure. After acquiring title to the Condominium at Foreclosure sale following notice and publication, the Association may execute, acknowledge and record a deed conveying title to the Condominium which deed shall be binding upon the Owners, successors, and all other parties. 1. Suspension of Rights of Delinquent Owner: The Board may temporarily suspend the voting rights and right to use Common Area facilities of a Member who is in default in payment of any Assessment, after notice and hearing, as provided in the Bylaws. J. Fines and Penalties: In conformity to Civil Code §1367.1(e), fines and penalties imposed by the Association for violation of this Declaration as a disciplinary measure for failure of an Owner to comply with this Declaration or the Rules, except for late payments, are not "Assessments," and are not enforceable by assessment lien, but are enforceable by court proceedings; provided, however, pursuant to Civil Code § 1367(b), monetary penalties imposed by the Association to reimburse the Association for costs incurred for repair of damage to Common Area or facilities for which the Owner, or guests or tenants of an Owner, were responsible may become the subject of a lien. Provided however that any such enforcement as a lien shall only be permitted if there are no Units in the Project that are subject to the jurisdiction of the Department of Real Estate under a Final Subdivision Public Report. In the event that Civil Code §1367.1(e) is amended to permit fines and penalties imposed by the Association for violation of this Declaration as a disciplinary measure for failure of an Owner to comply with this Declaration or the Rules to be enforceable by assessment lien, then this provision shall be deemed amended to conform to any such amendment of Civil Code §1367.1(e). The provisions of this Section 4.9 are intended to comply with the requirements of Civil Code section 1367.1 in effect as of January 1, 2006. If these sections are amended or rescinded in any manner the provisions of this Section 4.9 automatically shall be amended or rescinded in the same manner. (Note: Civil Code section 1367.1 may have been amended by the State Legislature, and the Board should confirm the current statutory requirements.) 4.10. Reimbursement Charges: The Board may levy a Reimbursement Charge against a Member to reimburse the Association for costs incurred by the Association in the repair of damage to the Common Area and facilities for which the Member or the Member's guests or tenants were responsible and in bringing the Member and his Unit into compliance with the provisions of the Governing Documents in the amount required to reimburse the Association for the actual costs and expenses incurred and the amounts incurred to enforce the Associations rights under this Declaration as are then permitted by law. Reimbursement Charges shall be payable when directed by the Board after written notice to the Owners, which notice shall in no event be less than thirty (30) days. If an Owner disputes a Reimbursement Charge, the Owner may request a hearing before the Board. 4.11. Unallocated Taxes: In the event that any taxes are assessed against the Common Area, or the personal property of the Association, rather than against the Units, said tams shall be included in the Assessments made under the provisions of Section 4.1 and, if necessary, a Special Assessment may be levied against the Units in an amount equal to said taxes, to be paid in two (2) installments, thirty (30) days prior to the due date of each tax installment. 10/4/06 21 TAWPWIN60\PROJECTS\CROSSROADS\DEC 10.04.06.DOC /. ( ( (2) no ss t t inium; and (3) each ot r i i ll b c r , in iti t it sual ssess ent,its share of the Assess t that woul have t iniu had it not been acquired t i tion res lt f r l r . After acquiring titl to the Condo i t r s l f ll i notice and publication, theAssociation ay exec t , ack l and rec r c i titl t the ondo inium which deedshall i i t r s , ll t er parties. I. Suspension f i t i quent r: t orarily suspendthe voting rights and ri t t use Co r f a e r is in default in payment of anyssess ent, ft ti an heari , as pr i i t yla s. J. Fines lties: it . (e), fines and penaltiesimposed by the Associati for violation of t i l r ti as a i i li r sure for failure of an Ownerto comply with this ecl r ti or t ul , l t t , r ot " ssess ents," and are notenforceable by assess e t lien, but are f i ; r vided, however, pursuant toCivil Code § 1367(b), o t r penalties i by t i i to r i rse the Association for costsincurred for repair of to Co r r f f r i t ner, or guests or tenants of anOwner, were responsi l ay t r i ver that any such enforcementas a lien shall only be per itt if th r r i j t t t r ject to the jurisdiction of theDepartment of Real stat un r a Fi l t. In t t that ivil Code §1367.1(e)is amended to per it fin s and penalties i pos by t i ti f r i l tion of this Declaration as adisciplinary easure for failure of an Owner to comply with this Declaration or the ules to be enforceable byassessment lien, then this provisi shall be to c f r t ny such a endment of Civil . ( ). The provisions of t i ti i t r ir nts of ivil Code section1367.1 in effect as of J r 1, 20 If these section are amen or rescinded in any manner theprovisions of this ection . t r i in the sa e anner. {Note: CivilCode section 1367.1 ay have bee i l t r . d the Board should confirm the t t tory ire ents.) 4.10. Reimburs nt Char : i r t harge against a Memberto reimburse the ss ci ti for costs incurr i ti i t r pair of da age to the CommonArea and facilities for hic the Member or the e ber's guests or tenants r responsible and in bringingthe Me ber and his it int c li f t rning ocu ents in the amountrequired to rei burse th i ti f r t i rr d and the a ounts incurredto enforce the ssoci tions ri t u tion t r itted by law. ReimbursementCharges shall be payable when directed by the Board after written notice to the ners, which notice shall inno event be less tha t irt (3 ) d If an Owner disput a Reimburse ent harge, the Owner may t i r t r . 4.11. Unallocated Ta : I t i st the o on Area, orthe personal property f t i i . i t t it , s id ta>cesshall be included in theAssess ents a r t pr i i if ry, a pecial Assessment may belevied against the nits in an a ou t equal t i t t be pai i t ( ) install ents, thirty (30) days ri t f t i t ll t. / :\ PWIN60\PROJECTS\CROSSROADS\ EC 10.04.06. C 4.12. Estoppel Certificate: Within ten (10) days of the mailing or delivery of a written request by any Owner, the Board shall provide the Owner with a written statement containing the following information: (i) whether to the knowledge of the Association, the Owner or occupant of the Owner's Condominium is in violation of any of the provisions of this Declaration, the Articles, Bylaws or Rules; (ii) the amount of Regular Assessments and Special Assessments, and Reimbursement Charges, including installment payments, paid by the Owner during the fiscal year in which the request is received; and (iii) the amount of any assessments levied against the Owner's Condominium that are unpaid as of the date of the statement, including any late charges, interest or costs of collection, and that, as of the date of the statement, are or may be made a lien against the Owner's Condominium as provided by this Declaration. The Association may charge a fee to provide this information, provided the fee shall not exceed the Association's reasonable cost to prepare and reproduce the requested items. ARTICLE V. DUTIES AND POWERS OF THE ASSOCIATION 5.1. Duties: In addition to the duties enumerated in the Bylaws, or elsewhere provided for in this Declaration, and without limiting the generality of those duties, the Association shall perform the following duties: A. Association Property: The Association shall accept the Association Property and Improvements situated therein conveyed by the Declarant and/or created under this Declaration and shall operate all of the Improvements situated thereon, as well as any other real or personal property acquired by the Association in accordance with the terms and provisions of this Declaration, all Project permits and applicable law, subject to the rights and reservations of Declarant herein. The Association's obligations to operate the Association Property shall commence on the date Regular Assessments commence on Units. Until commencement of Regular Assessments on Units, the Association Property shall be operated by Declarant. The Association may prepare or cause to be prepared and implemented, on an annual basis, a comprehensive operation program for the Association Property, which operation program shall be subject to review and approval by the Board. The Board shall periodically review the nature and scope of the operations of the Association to assure such operation is in satisfactory compliance with the requirements of this Declaration, all Project permits and applicable law. B. Maintenance: The Association shall maintain, repair, replace (when necessary), restore, operate and manage all of the Common Areas and all facilities (including Utility Facilities to the extent described in Section 6.3), improvements, furnishings, equipment and landscaping thereon, and all property that may be acquired by the Association, provided that each Owner shall maintain the Exclusive Use Common Area appurtenant to that Owner's Condominium as required by Section 7.22. The Association shall maintain everything it is obligated to maintain in a clean, sanitary and attractive condition reasonably consistent with the level of maintenance reflected in the most current budget, and in conformance with any Maintenance Guidelines and Maintenance Manual. Unless specifically provided in any Maintenance Guidelines or Maintenance Manual, the Board shall determine, in its sole discretion, the level and frequency of maintenance of the Association Property and Improvements thereon. (1) Maintenance shall include, without limitation, painting, maintaining, cleaning, repairing and replacing of all Common Areas, other than exterior doors and the hardware thereon; which shall be the obligation of the Unit Owner, windows and glass surfaces, except windows and other exterior glass surfaces of Units, the cleaning and repair or replacement of which shall be the responsibility of the Unit Owners, landscaping in the Common Areas, including irrigation systems, (except landscaping within private Patio areas which is to be maintained by Owners as per Section 7.22), Balconies(except for the cleaning and 10/4/06 22 TAWPWIN601PROJECTS\CROSSROADS1DEC 10.04.06.DOC ( 4.12. Estoppel Certificate: it in t ( s f iling r livery of a written request byany Owner, the Board shall r i e t r rit en t tement taining the following information:(i) whether to the kno l dge of t A iation, th r upant f the ner's Condominium is inviolation of any of the provisions f t i r tion, t i les, l s r l s; (ii) the a ount of RegularAssessments and Special As ents, and Rei ent s, in l i install ent payments, paidby the Owner during th fi l y in th r t i r i ed; a (iii) the a ount of any assessmentslevied against the n r's inium that are un a f t t f the state ent, including any latecharges, interest or costs of coll ti n, and that, as of th f t st t ent, are or ay be made a lienagainst the wner's ominium a pr i ed i claration. T ssociation ay charge a fee toprovide this infor ation, pro i th fee shall not e t ociation's reasonable cost to prepare and roduce t r sted it s. TICLE . I S ERS SOCIATION 5.1. Duties: In a ition t t d e rated l s, r lsewhere provided for inthis Declaration, an it ut li iting th ge rality t se ties, t ssociation shall perform the llowing ties: A. Association r perty: sociation all cept t ssociation Property andImprovements situated th r i c ed by th D r nt /or r ted under this Declaration and shalloperate all of the I prove ents sit ther , as t r r l or personal property acquired bythe Association in accordance ith t t s visions f t is laration, all Project permits andapplicable law, subject to the ights d r ervations f clarant herein. The Association'sobligations to operate th A ciation Prop ty shal co ence on the date Regular Assessmentscommence on Units. Until co encement o R lar ses ments on Units, the AssociationProperty shall be operat by Declarant The A soci i n ma pre re or cause to be prepared andimplemented, on an annu l b i , a c r hensive o tion ram f r t ssociation Property, whichoperation program shall be subject to review and approval by the Board. The Board shall periodicallyreview the nature and scope of the operations of the A soci ti n to assure such operation is insatisfactory co pliance it t r irements of t l ration, ll r ject per its and applicable law. B. aintenance: ociation al intain, ir, r lace ( hen necessary),restore, operate and an ge all of th Co n Ar ll f ilities (i cluding tility Facilities to theextent described in ection . ), I r vements, ishings, uipment nd landscaping thereon, and allproperty that ay be c ired t ciation, ided t ch er shall aintain the ExclusiveUse Common Area appurt ant to that Own Con iu a r ir d y ection 7.22. The Associationshall maintain everything it i li ted to in i n, itary ttractive condition reasonablyconsistent with the level f i tenance refl in t t rent et, and in conformance with anyMaintenance uidelines d intenance nual. Unl s sp ifically provided in any MaintenanceGuidelines or aintenance Ma l, the Boar shall det i e, in its s l i cr tion, the level and frequency of aintenance of t iation Pr ty a I r ements thereon. (1) aintenance ll i l e, ithout itation, i ting, i taining, cleaning, repairing and replacing of all C on Ar , ot t t rior rs nd the hardware thereon~ whichshall be the obligation of t it r, i s ss rfaces, xcept indows and other exteriorglass surfaces of Units, th cle i and repair or replac t of whic shall be the responsibility of the UnitOwners, landscaping in t n Ar incl i ri sy t s, (exc pt landscaping within privatePatio areas which is to be i t ined by O as p tion . ), l nies(except for the cleaning and :I I IPROJECTS\CROS ROADSIDEC . . 6. OC maintenance thereof by Owners to the extent provided in Section 7.22), parking areas and recreational facilities. (2) The responsibility of the Association for maintenance and repair shall not extend to repairs or replacements arising out of or caused by the willful or negligent act or omission of an Owner, or his guests, tenants or invitees or the Owner's pets, except if the repair is covered by the insurance carried by the Association, the Association shall be responsible for making the repairs, and the responsible Owner shall pay any deductible pursuant to the insurance policy. If the Owner fails to make such payment, then the Association may make such payment and shall charge the responsible Owner a Reimbursement Charge for reimbursement of such payment, which charge shall bear interest at the rate of twelve percent (12%) per annum (but no greater than the maximum rate allowed by law) until paid in full. Any repairs arising out of or caused by the willful or negligent act of an Owner, or his guests, tenants or invitees, or the Owner's pets, the cost of which is not covered by insurance carried by the Association, shall be made by the responsible Owner, provided the Board approves the person actually making the repairs and the method of repair. If the responsible Owner fails to take the necessary steps to make the repairs within a reasonable time under the circumstances, the Association shall make the repairs and charge the cost thereof as a Reimbursement Charge to the responsible Owner, which cost shall bear interest at the rate of twelve percent (12%) per annum (but no greater than the maximum rate authorized by law) until paid in full. If an Owner disputes his or her responsibility for the repairs, the Owner shall be entitled to notice and a hearing as provided in the Bylaws before any charge may be imposed. (3) The Association shall have the Common Area periodically inspected for wood- destroying pests and organisms, or other pests, and shall take appropriate corrective measures therefor. The Association shall have the authority to require the temporary removal of occupants of a Unit as may be necessary in connection with the treatment of wood-destroying pests or organisms, or other pests, pursuant to the procedures described in Civil Code § 1364(d) or any successor statute thereto. The costs of any temporary relocation shall be borne by each Owner of a Unit who is required to temporarily relocate. (4) Landscaping shall include regular fertilization, irrigation, pruning, and other prudent garden management practice necessary to promote a healthy weed-free environment for optimum plant growth. The Association shall remove and replace all dying or dead vegetation. The Association shall take appropriate steps to maintain the irrigation of the landscaping and to prevent damage resulting from misdirected and/or excessive watering. (5) Maintenance shall include periodic sweeping or cleaning of fireplace chimneys and flues, with the cost thereof to be specially assessed to those Units having fireplaces. (6) The Association shall be responsible for the periodic maintenance, testing, repair and replacement of any built-in fire detection and protection equipment and devices wherever located on the Project. (7) In order to reduce the presence of mold, fungi, spores, pollens and other botanical substances, or other allergens (collectively "Mold"), within the Common Area, the Association shall inspect the Common Area Improvements not less frequently than once each quarter to check for water leaks or other breaches of the watertight integrity of the Improvements, and for the presence of Mold. If any water leaks and/or Mold are detected, the Association shall immediately take appropriate corrective steps to repair the leak, and/or remove the Mold and to maintain proper ventilation within enclosed areas, and to maintain humidity levels to reduce the risk of Mold growth, and shall periodically inspect the irrigation system to ensure proper watering, and to correct any leaks and/or misdirected or excessive watering, and periodically 10/4/06 23 TAWPWINMPROJECTS\CROSSROADS\DEC 10.04.06.DOC i nce f t t i i r r ti l i . r i ilit i ll t t t r i l arising out of or by t ill l r li i i f r, r i t , t or invitees or the Owner's pets, except if the repair is covered by t i r rri t i ti the Association shall be responsible for making the repairs, i l r ll tible t i . If the Own r fail t p t, t t i ti y k such payment and sha l char the responsible Owner i t r f r r i r ent pay i int r t t l r t ( ) r t t t maximum rate a lowed by law) until i i ll r ir ri i tofor t ill l r li t act of , r i t t r i i , t r' t , t t f i is not covere by insuran carri by th Ass , s ll t re i l r, i t oar approv s the pers act ll aking th re ir t f r ir. Ift r i l fails to take th nec r t t t r i l ti r t i tances, i ti n r t t t r f i r ent r t t r l b i t t l r t ( ) r ( t tha th axi r t l i f ll. If r i t i r r r i ility f t rep ir t t i r i i t i i i ll i t f r ~ i r or t s ll t i t rr ti r t r f r. sha l have the authority to requir th t r re ov l f t of it y i with the treat t of pests or r i , r t r t , r t ~ t t res i i ) ssor statute thereto. t f y t r l i s ll be born by f it i r i t rily r l t . ing ll r f ti n, i tion, i g, t r r t practic neces r t r ·fr i nt f r ti l t t . ss i ti shall remove and repl a l i t ti n. i ti ll t ri t t i t t irri l i t t r lti fr t . i l i fl t ther f t be s i t t it i fir l s. ll i l f r t i i i t , t ti , r ir l of any built-in fire detection and protection equipment and devic r r l t t e I t re t pre of mol f , p ll t r t i l or other allergens (collectively "Mold"), within the o r , t i ti s ll i t Area Improvements not le s frequently than once each quarter to check f r t r l ks f i t i t , t f l . If y t r· l / l r detect , the Association shall immediately take appropriate corr cti st t r ir t l , t l t l , t i t i i ity l ls r t risk of Mold gro t an sha l periodi i t t irri ti t t r an to rr t i i t i , ri i ll 1 :\ PWIN60\ JECTS\CROSSROADS\DEC 10.0 . . inspect the ground surface around the foundations to ensure that no water is pooling around or within the foundations, and shall maintain rain gutters in a clean and proper operating condition at all times, and take such other prudent steps as may be appropriate to prevent Mold growth, or eliminate any existing Mold. The Owner of a Unit shall be responsible for the remediation of any mold within the Unit. At the close of escrow of a Unit that is purchased from the Declarant, the Owner who purchases the Unit will have received a mold clearance certificate from the Declarant. (8) Each Owner and occupant shall fully cooperate with the agents of the Association in the performance of the Association's maintenance and repair obligations described above. Such cooperation shall include, but is not limited to, immediate notification to the Board or its managing agent of any maintenance or repair problems for which the Association is responsible and access to the Owner or occupant's dwelling and Exclusive Use Common Area as may be necessary to inspect and, if appropriate, to perform any necessary maintenance or repairs. (9) In the event of any water leak or overflow from any Unit that damages any Common Area or other Unit, the Owner and occupants of the Unit that is the source of the water leak or overflow (the "Responsible Owner") shall cooperate with the Association in the inspection and correction of the problem. Cooperation shall include access to the dwelling to inspect and to correct the problem and/or repair any damage. The Responsible Owner shall reimburse the Association for its repair cost to the extent the cost is not paid through insurance maintained by the Association, and the Association may levy a Reimbursement Charge to recover the cost. If the damage may be covered by insurance maintained by the Association, the Association shall submit an appropriate,claim. Any deductible amount shall be paid by the Responsible Owner. If a Unit Owner becomes aware of any potential problems or issues with respect to the Common Area Improvements, including, but not limited to, those listed in this Section 5.1.13, and particularly any water leaks or potential water leaks, the Owner shall promptly notify the Board of the Project's manager regarding such problems or issues with respect to the Common Area Improvements. C. Inspection and Maintenance Guidelines: The Declarant has provided the Association and each Owner with the inspection and maintenance guidelines and schedules (including manufacturers' guidelines and schedules) for the inspection and maintenance of the Improvements within the Project ("Maintenance Guidelines"). When an Owner transfers a Unit, the Owner shall deliver complete copies of the Maintenance Guidelines to the transferee of the Unit on or before the date of the transfer of title. Replacement copies of the Maintenance Guidelines may be obtained from the Declarant at Declarant's principal place of business. Declarant may charge a reasonable fee for providing replacement copies of the Maintenance Guidelines, The Board shall comply with the Maintenance Guidelines for the periodic inspection and maintenance of the Common Area improvements and landscaping that the Association is required to maintain under this Declaration, and any other Improvements outside of the Common Area, which the Association has the responsibility to maintain. The Board shall take all appropriate actions to implement and comply with the Maintenance Guidelines. The Maintenance Guidelines may not be modified by the Association to reduce the maintenance obligations and requirements of the Association without prior written approval of Declarant for a period of ten (10) years after the conveyance of the first Unit in the Project to an Owner other than the Declarant. (1) The Association shall cause inspections of all infrastructure to be routinely made in conjunction with the Association's manager. The Board shall engage professionals to conduct inspection of those components of the Project if the Board or the Association's manager deems that such inspection by professionals, such as an architect, a civil engineer, structural engineer, landscape architect or other such 10/4/06 24 T:\WPWIN601PROJECTS\CROSSROADS\DEC 10.04.06.DOC ( inspect the ground surface arou the found ti t e t t n ter is pooling around or within thefoundations, and shall aintai rain gu ters in l r rating condition at all times, and takesuch other prudent steps as may be appropri t t pr l r t , or eli inate any existing Mold.The Owner of a Unit shall r i l i tion f y ld ithin the Unit. At the close ofescrow of a Unit that is purc fr the l r t, r rchases the Unit will have receivedl l c rtifi f t Declarant. (8) Each r pant all l y erate ith the agents of theAssociation in the perfor of the Ass i ti r pair obligations described above.Such cooperation shall incl , b t is not li it t , i i t tific tion to the Board or its managingagent of any maintenance or re ir probl f i tion is responsible and access to theOwner or occupant's d elli Excl i ay be necessary to inspect and, ifappropri t , to perfor any ne aint ce or repairs. (9) In the eve t of a l l f nit that damages anyCommon Area or other nit, t t it t t is the source of the water leak oroverflow (the "Responsible r") shall coop r t i i ti i the inspection and correction ofthe problem. Cooperation shall include a cess to the d lli t i ct and to correct the problem and/orrepair any damage. The Responsible Owner shall rei burs the i ti n for its repair cost to the extentthe cost is not paid throug insuranc maintai by t As i ti , and the Association may levy aReimbursement Charge to recover the cost. If the da age ay be v red by insurance maintained by theAssociation, the Associatio sh ll sub it an . i . ny d uctible a ount shall be paid by theible . If a Unit Owner beco s aware of any potential r l s r i s ith respect to the Common AreaImprovements, including, but not limited to, those listed i i ti . .6, and particularly any water leaksor potential water leaks, th r shall pro tl i r f t roject's anager regarding suchproble s r is it r to the Co r I prove ents. C. Inspection a Maint nce Gui lines: D clarant has provided theAssociation and each r it the inspecti a i t idelines and schedules (includingmanufacturers' guidelines an sch l for t i i t nce of the Improvements withinthe Project ("Maintenance i li When an ner tr f r it, the wner shall deliver completecopies of the Maintenance i li to t tr it r before the date of the transfer oftitle. Replacement copies of the Maintenance Guidelines may be obtained fro the Declarant at Declarant'sprincipal place of business. Declar t may c r l f f r providing replacement copies of theMaintenance Guidelines. he r l c l i t ance uidelines for the periodicinspection and maintenance f t o I ts l dscaping that the Association isrequired to maintain under t i Decl I r nts outside of the Common Area,which the Association has t r ility i t in. r shall take all appropriate actions toimplement and co ply ith t i t i li i t c uidelines may not be modifiedby the Association to reduce t i t ir ts of the Association without priorwritten approval of Declarant for a period of ten (10) ye rs ft r t conveyance of the first Unit in the Projectt l lClnt. (1) The Association shall cause i s cti s of all i fr str cture to be routinely madein conjunction with the ss i ti ' The Board s ll e prOfessionals to conduct inspectionof those components of the Projectif the Board or t i ti ' anager dee s that such inspection byprofessionals, such as an ar it t, a ci il l i r, landscape architect or other such / 6 T:\ IN60\PROJECTS\CROSSROA S\ EC 10.04.06.00C professional, is warranted. Inspections shall be made at least yearly, and for appropriate items or events, more often. Inspections will include a review of all repair records since the previous inspection. (2) The inspections shall be reported at the annual membership meeting and in writing, and shall include recommendations for cleaning, maintenance, repair, replacement, etc. (if any), as well as opinions of the costs. The reports shall address any noted deterioration which may require future attention. The reports may also recommend supplemental specialized investigations (i.e., elevator, termite, pool, mechanical, arborist, limnologist, geologist, structural, etc). (3) The Association shall keep permanent records of all: (a) Complaints and potential problems, including description, date and by whom; (b) Reports, including inspections and recommendations; (c) Repairs, including description, location, date, by whom made and cost; and (d) Plans, including construction drawings, subsequent modifications, and repair plans. (4) For a period of ten (10) years after the date of the last Close of Escrow in the Project, the Board shall also furnish to Declarant: (a) the report of each inspection performed for the Board, whenever such inspection is performed and for whatever portion of the Common Area that is inspected, within thirty (30) days after the completion of such inspection; and (b) the most recent inspection report prepared for any portion of the Project, within ten (10) days after the Association's receipt of a written request therefor from Declarant. (5) The Board may, from time to time, make appropriate revisions to the Association's Maintenance Manual based on the Board's review thereof, to update such manual to provide for maintenance according to current industry practices so long as such changes do not reduce the useful life or functionality of the items being maintained. No changes may be made to the Maintenance Manual without the Declarant's prior written consent as long as there are Class B Members of the Association pursuant to the Bylaws. (6) The Association shall maintain and operate the Common Area of the Project in accordance with all applicable municipal, state, and federal laws, statutes and ordinances, as the case may be. The Association shall also, as a separate and distinct responsibility, insure that third parties (including Owners and their guests) utilize the Common Area in accordance with the aforementioned regulations. The Association shall, when it becomes aware of any violation of the aforementioned regulations, expeditiously correct such violations. (7) The Association shall have the power and duty to: (a) operate, maintain and inspect the Project and its various components in conformance with any Maintenance Guidelines and any Maintenance Manual; and (b) review any Maintenance Manual applicable to the Project for necessary or appropriate revisions no less than annually after the Board has prepared the budget; provided, however, that the Association shall not revise the Maintenance Manual to reduce the level of maintenance required of any Improvement without the prior written consent of Declarant until ten (10) years after the last Close of Escrow for the sale of a Condominium in the Project by Declarant. D. Insurance: The Association shall maintain such policy or policies of insurance as are required by Section 8.1 of this Declaration. E. Water and Other Utilities: The Association shall acquire, provide and pay for necessary water and other utilities for the Project and the operation thereof to the extent not separately metered and charged to individual Owners or Units. The Association shall have the duty to permit utility 10/4/06 25 TAWPWIN60\PROJECTS\CROSSROADSDEC 10.04.06DOC ( r f i l, i . Inspections shall be made at least yearl , f r r ri t it s r events, r ft . Inspections will include a review of a l repair rec r si t r i i ti . i i s l r ip ti i riti , ll i l rec f r cl i aint r ir, l t, t . (if y), s ll i i f t c t The reports sha l address any noted det ri i i r ir f t r tt ti . The reports may also reco en supple t l specialize investi ti (i.e., elev t r, t r it , l, arb ri li l g l stlUct r l, te). i tion l ent ords f ll: ( Co l i ts t tial r l s, i i g i tion, te (b) Re t , in l i in ti s r i (c) Repairs, including description, location, date, by who made and cost; (d) lans, i l i dr i subs ifi i a r ir l . i ( f i t r j t, t s ll l f r i t (a) the report of each inspectio perfor ed f r t r , ver i i is perf f r t t i i ct . it i t i t ( f t c ins t t r t i cti n report r f i f i i ' i t f ritt r st f r t. e , f ti to time, mak appr iate r VISi t t i ti ' ai t Manual based on the Board's revie t f, t t l t provide f r i t ac r i to curr t ind tr r l t r c t e useful lif f i lity t it i . No chan may t t i t c anual it t t l t's t l t l r f t ci ti n t i ll i f t r j t i r it all li l municipal, state, and f r l la s, t t i , t s y . The Associati shall also, as a separate and distinct respo i ili i t t t ir rti (i l i i tili t i i t f r entioned r l ti ns. he i ti s ll, it b a r f tioned l ti s, iti sly t i . ( ) ti ll r ty to: ( i t i i t t r j t an its vari co in co f r it i t i li y i t ce l (b) revie a i l t r j t f r ry r r ri t revisions no le s than a nually after the Board has prepared the t; r i . r, t t t i ti sh ll not revis the i t anual t r t l l f i t r ir f y I r ithout prior wri ten consent of Declarant until ten (10) years after the last l s f scro f in the Proje t l t. . I r e : ll i t i li li i f i r r . f t i l . r r lities: ssociation shall acquire, provide f r ry water and other utilities for the Project and the operation ther f to t t t t r t ly t r c to indivi Owners or Units. The Ass i shall have the dut t r it tility / 6 :\ PWIN60\PROJ \ ROS RQADS\DEC . .06. C suppliers and other providers of any telecommunications or other services to use portions of the Common Area reasonably necessary to the ongoing development and operation of the Project. F. Discharge of Liens: The Association shall discharge by payment, if necessary, any lien against the Common Area, and charge the cost thereof to the Member or Members responsible for the existence of the lien (after notice and a hearing, as provided in the Bylaws). G. Assessments: The Association shall fix, levy, collect and enforce Assessments as set forth in Article IV hereof. H. Payment of Expenses and Taxes: The Association shall pay all expenses and obligations incurred by the Association in the conduct of its business including, without limitation, all licenses, taxes or governmental charges levied or imposed against the property of the Association. i. Enforcement: The Association shall be responsible for the enforcement of this Declaration. J. Operation of Project: The Association shall have the duty to landscape, maintain and operate the Association Property and any other portions of the Project required to be maintained by the Association pursuant to this Declaration and any Maintenance Manual. The Association's obligations to maintain the Association Property shall commence upon the commencement of Regular Assessments on the Condominiums. The Association shall maintain and operate the Common Area of the Project in accordance with all applicable municipal, state, and federal laws, statutes and ordinances, as the case may be. The Association shall also, as a separate and distinct responsibility, take reasonable action to require that third parties (including Owners and their guests) utilize the Common Area in accordance with the aforementioned laws. The Association shall, when it becomes aware of any violation of the aforementioned laws, take reasonable action to expeditiously correct such violations. 5.2. Powers: In addition to the powers enumerated in the Articles and Bylaws or elsewhere provided for in this Declaration, and without limiting their generality, the Association shall have the following powers: A. Utility Service: The Association shall have the authority (but not the obligation) to obtain, for the benefit of all of the Condominiums, ail water, gas and electric service cable television service, wireless and other communications services, garbage and trash collection and window cleaning service. B. Easements: The Association shall have authority, by document signed by the President and the Secretary, to grant permits, licenses, and easements in addition to thoseshown on the Map or Condominium Plan and/or referred to in Article VI, where necessary for roads, utilities, communications services, cable television, and sewer facilities over the Common Area to serve the common and open space areas and the Condominiums, and/or where necessary to satisfy or achieve appropriate governmental purpose or request. The Board of Directors may grant Exclusive Use easement rights over a portion of the Common Area to a Member with the affirmative vote of sixty-seven percent (67%) of the separate interests in the Project, and without the approval of the Members in those limited cases set forth in Civil Code § 1363.07. C. Manager: The Association may employ a manager or other persons and contract with independent contractors or managing agents to perform all or any part of the duties and responsibilities of the Association, except for the responsibility to levy fines, impose discipline, hold hearings, file suit, record or 10/4/06 26 TAWPWIN601PROJECTS\CROSSROADSDEC 10.04.06.DOC ( ( li r and other providers of any telecommunication or other services to use p rti f t o on l t d l ti f t r j t. . i harge s: by t, i r , li i t t r , c r t r r i l f r t i t of th lien (after ti a hearin , pr i i t l ). . essments: i ti i , l , l ct f r ssess ents i I . ent f enses : i tion ll ll ses li ti incurred by the Association in the conduct of its i i l i , it t li it ti , ll li , t t l c r l i r i t f t i ti . I. rcement: ciation al nsible r f r ent f t i tion. ration ject: i ti l e, i t in rate the As ociation roperty y ther ortions f t e r ject ired t intained t e ssociation ursuant to t is claration y aintenance nual. e ssociation's ligations t intain ssociation erty l ence u t encement of l r A se sments on the C ndominiums. The Association shaJlmaintain and operate th r f the Project in a cord with all applic mu i l. t f r l l , t t t s r i , t c The Associ ti sha l als , i ti t r i ilit , t k r l action to require that third parties (including Owners and their t ) utilize t n rea in it the af r ti laws. The A sociation shall, when it becomes aware of y vi lation of t f ti ned la , t r ti t l t i l ti . . . rs: I t t l r l re r i ed f in this Declar an with limiti t g lity, t i tion ll t i g : . tility ice: i ti n it t t li ti ) t t i , f r t fit f ll , a l i i l t l i i rvic , ir l t i ser i r t ll ti i l i service. . nts: iation l rity, ent i ned t r i t t r , , ents i iti t t t or Con inium /or r rred in Arti VI, wher neces r for roa , utiliti s, i i services. cable television, and sewer fac lities over the o r t r t co on r an t , / ti f r i r riate r t l purp or req t. The Board of Directors ay r l i t ri ts over a rti f t Co r t a Me it the a fir f si t r t ( ) f t r t i t r t in t r j t. it t i t li it s s t forth in . : y l tr t it i t co tr or t t rf l t f t ti r sibilities of t i i . except for the responsibility to levy fines, impose discipline. hold hearings, fil s it, r cord or / 6 :\ PWIN60\PROJECTS\CROSSROADS\ EC . . 6.DOC foreclose liens, or make capital expenditures, provided that any contract with a firm or person appointed as a manager or managing agent shall not exceed a one (1) year term, shall provide for the right of the Association to terminate the same at the first annual meeting of the Members of the Association, and to terminate the same for cause on thirty (30) days' written notice, or without cause or payment of a termination fee on ninety (90) days' written notice, or for cause on thirty (30) days notice. D. Adoption of Rules: The Board or the Members of the Association by majority vote, may adopt reasonable Rules that are not inconsistent with this Declaration relating to the use of the Common Area and all its facilities, and the conduct of Owners and their tenants and guests with respect to the Project and other Owners. Written copies of such Rules and any schedule of fines and penalties adopted by the Board shall be furnished to Owners. All changes to the Rules will become effective fifteen (15) days after they are either: (I) posted in a conspicuous place in the Common Area; or (ii) sent to the Owners via first-class mail or by any system or technology designed to record and communicate messages. E. Access: For the purpose of performing construction, maintenance or emergency repair for the benefit of the Common Area or the Owners in common, and/or to perform maintenance work that an Owner has failed to perform as provided in Section 7.22, the Association's agents or employees shall have the right, after reasonable notice (not less than twenty-four (24) hours except in emergencies) to the Owner of the Unit in which maintenance work has not been performed, to enter any such Unit or to enter any portion of the Common Area at reasonable hours. Such entry shall be made with as little inconvenience to the Owner as practicable and any damage caused by such entry shall be repaired by the Board at the expense of the Association. F. Assessments and Liens: The Board shall have the power to levy and collect Assessments in accordance with the provisions of Article IV hereof. G. Fines and Disciplinary Action: The Board may impose fines or take disciplinary action against any Owner for failure to pay Assessments or for violation of any provision of the Governing Documents and the Rules. Penalties may include, but are not limited to, fines, temporary suspension of voting rights, rights to the use of recreational facilities or other appropriate discipline, provided the Member is given-notice and a hearing as provided in the Bylaws before the imposition of any fine or disciplinary action. The Board shall have the power to adopt a schedule of reasonable fines and penalties for violations of the terms of this Declaration, and for violations of any Rules adopted pursuant to Section 5.2.D. The penalties prescribed may include suspension of all rights and privileges of membership; provided, however, that suspension for failure to pay Assessments shall be for a maximum period of thirty (30) days, renewable by the Board for an additional thirty (30) day period or periods until paid; and provided further that suspension for infraction of Rules or violation of this Declaration, other than for failure to pay Assessments, shall be limited to a maximum period of thirty (30) days per infraction or violation, and shall be imposed only after a hearing before the Board. The Board may extend that period for an additional thirty (30) day period or periods in the case of a continuing infraction or violation, and no hearing need be held for such extension. Written copies of Rules and the schedule of penalties shall be furnished to Owners. The Board shall levy fines and penalties and shall enforce such assessments as appropriate under applicable law. H. Enforcement: The Board shall have the authority to enforce this Declaration as per Section 9.1 hereof. I. Acquisition and Disposition of Property: The Board shall have the power to acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, or otherwise dispose of real or personal property in connection with the affairs of the 10/4/06 27 T:\WPWLN60\PROJECTS\CROSSROADS\DEC 1 0.04.06.DOC ( foreclose lie s, or ake capital expenditures, provided that any contract with a fir or erson appointed as a anager or a ging nt ll t eed e r , ll r ide f r the right of the Association to ter i t t t t l t r f t ssociation, and to ter inate th s f r caus on thirty (30) ' ti , or it t ca s or pay ent of a tennination f i t ti dor t irt ( ) ys otice. . ption f l : f t i ti by j rity vote, ay adopt reaso able l t t i istent ith i l ration r lating t the use of the Co on rea a ll it f iliti , t i t t sts ith respect to the Project t r rs. Wri te copi of suc Rule and any sch l f fines and penaltiesadopted by the r ll f i . ll t t l ill effective fifteen (15) days aft r. t r it (I) i ous i t r a; or (ii) sent to the ners via first- l ail or y t l y t r r c unicate essages. E. ccess: r t i i , i t ce r rgency repair for th fit f t o r i , / r t rf r aintenance work that an n r f il t p rf i t i ti n's gents or e ployees shall have t ri t, ft r r i f r ) r xc t in e ergencies) to the ner of t it i i t rf , t t r y such nit or to enter any portion of the r t Such entry shall be ade it little inconvenience to the ner as r ti l a a ll r ir y the oard at the e iation. F. s essments s: r ll r t levy and collect nts i it t pr i i ti l I r f. . in s i i linary tion: i t i i li ry action against a y r f r f il t pay t r f i l i f r i i f the overning Docu ents t l . Penalties may inclu , but are not li ite to, fi , t orary suspension ofvoting rights, rig ts to t use of recreatio l f ciliti or other appropriate isci li , r vi d the e ber is given'notice and ri as pr vi in t i i i f fi r isciplinary action. The Board shall h v th po r to l i lti f r violations of the ter s of this l r ti , f i l t t t ti 5.2.0. e penalties prescribed ay i cl i n ll ri privil of me r i ; pr i , ho ever, that suspension f r f il r to pay s ll f ri f t irt ( ) days, renewable by the Board for iti l t irt ( D i ; r i f rther that suspension for infraction f l or viol ti of t i l , f f il r t ssess ents. shall be li ited to a axi peri of thirty (30) i i l i , ll i osed only after a hearing before t r . The Board may exte that peri for an additi l t irty ( 0) day period or periods in the c s f a co ti i infr ti r . i l f r such extension. ritten copi s f l a t i i d t ers. he oard shall levy fines and p lti sh ll enf r ts i t r licable la . . f rcement: ll it f r i l r ti s er I. uisition osit on r rty: r ll t p r to acquire (by gift, p r or other i l i b il , r t , i t in, convey, sell, lease, transfer. r t r i e i r p l t i ction it the affairs of the :\ IN60\PROJECTS\CROSSROADS\OEC .04.06'oOC Association. Any transfer of property shall be by document signed or approved by two-thirds (2/3) of the total voting power of the Association which shall include two-thirds (2/3) of the Members other than Declarant, or where the two (2) class voting structure is still in effect, two-thirds (2/3) of the Members of each class of Members. J. Loans: The Board shall have the power to borrow money, and, only with the assent (by vote or written consent) of two-thirds (2/3) of the total voting power of the Association including two-thirds (2/3) of the Members other than Declarant, or where the two (2) class voting structure is still in effect,. two-thirds (2/3) of the voting power of each class of Members, to mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred. K. Dedication: The Board shall have the power to dedicate all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication shall be effective unless an instrument has been signed by two-thirds (2/3) of the total voting power of the Association including two-thirds (2/3) of the Members other than Declarant, or where the two (2) class voting structure is still in effect, two-thirds (2/3) of the voting power of each class of Members, agreeing to such dedication. L. Contracts: The Board shall have the power to contract for goods and/or services for the Common Area(s), for the Condominiums, or for the Association, subject to limitations set forth in the Bylaws, or elsewhere in this Declaration. The Board shall not enter into any contracts with an independent contractor until it meets the requirements of Section 8.1A(3) herein. Notwithstanding anything in the Governing Documents to the contrary, the Board shall have the power to enter into, accept an assignment of, or otherwise cause the Association to comply with the terms and provisions of an exclusive telecommunications services contract ("Telecommunications Contract") with a telecommunications service provider ("Service Provider"), pursuant to which the Service Provider shall serve as the exclusive provider of Telecommunications Services to each Condominium in the Project. The Board shall only enter into, accept an assignment of, or otherwise cause the Association to comply_ with the terms and provisions of the Telecommunications Contract if the Board determines, in its sole discretion, that such action is in the best interests of the Association. Although not exhaustive, the Board shall consider the following factors in making such a determination: (1) Initial Term and Extensions. The initial term of the Telecommunications Contract should not exceed five (5) years, and, if the Telecommunications Contract provides for automatic extensions, the length of each such extension should also not exceed five (5) years. (2) Termination. The Telecommunications Contract should provide that: (i) at least six (6) months prior to the expiration of either the initial or any extended term of the Telecommunications Contract, the entire membership of the Association may, without cause, by a sixty percent (60%) vote, prevent any automatic extension that the Telecommunications Contract may provide for, and thereby allow the Telecommunications Contract to expire; and (ii) at any time, the Board may terminate the Telecommunications contract if, in the sole discretion of the Board, the Service Provider fails to provide quality, state-of-the-art Telecommunications Services. (3) Fees. Whether the monthly fee charged to the Association by the Service Provider for the provision of the Telecommunications Services to all of the Condominiums represents a discount from the comparable retail fees charged by the Service Provider in the general geographic area in which the Project is located, and, if so, the amount of such discount. 1014/06 28 TAWPWIN6OTROJECTS \CROSSROADS \DEC 10.04 06.DOC ( ( Association. Any transfer of property shall be by document signed or a proved by t o·thirds (213) of the totalvoting power of the ssoci ti i sha l incl · / ) f t e bers other than Declarant, orwhere the two (2) class v ti str is sti l in ff ir s ( / ) f t e e bers of each class of rs. J. Loans: The Board shall have the power to bo ro money, , only ith the assent(by vote or written consent) f t -t ir t t t l ti r f t ssociation including two-thirds(2/3) of the Me bers other th Declar or t t ( cl v ti g structure is still in effect,.two-thirds (2/3) of th ti p of eac cla f r , t ortgage, pledge, deed in trust, orhypothecate any or all of it real or pers pr it f r y borro ed or debts incurred. K. Dedication: The Board shall h t p r t i te all or any part of theCommon Area to any p li . aut rit , r tili r nd subject to such conditions asmay be agreed to by th r . No such dedic ti ll ff tiv unless an instrument has beensigned by two-thirds (2/3) f t tot l voti po t i ti n i cl ding t o-thirds (2/3) of theMembers other than eclar t. or where the t o (2) l t t r i still in effect, two.thirds (2/3) ofthe voti r f l of e r i t such dedication. L. Contracts: tr t f r ods and/or services forthe Common Area(s), for t i i , f i tion, j ct to li itations set forth in theBylaws, or elsewhere in t i l i The Board sh ll t t r i t y contracts with an independentcontractor until it eets th requir ts of Secti r i . ot ithstanding anything in theGoverning Docu ents t t contr r the Boar r t nter into, accept an assignmentof, or otherwise caus th Asso i tion t co t ter and provisions of an exclusivetelecommunications servic s contr t ("Teleco i tr t") it teleco unications serviceprovider ("Service Pr-evlder"),pursuant to which the Service rovi r shall serve as the exclusive provider ofTelecommunications Servicestb each Cond i i i j t. oard shall only enter into, acceptan assignment of, or ot r i cause the A sociati to comply with the ter s and provisions of theTelecommunications o tr t if the Board det r i i i l i r ti n, that such action is in the bestinterests of the Associ tion. Although not exhausti t B r s ll consider the following factors in i tion: (1) Initial r Ext ions. i t f t leco unicationsContract should not excee fi (5) l co unications ntract provides for automaticextensions, t lengt of suc extensi sho l l t xceed five (5) years. (2) Ter ination. l o munications ontract should provide that: (i) atleast six (6) months pri r t the expir ion f ei r t initi l or any extended term of theTelecommunications tr t, t i i tion ay, ithout cause, by a sixtypercent (60 ) vote, prevent any automatic extension t t l i tions ontract may provide for,and thereby allo the l i ti Contract to ir ; {ii} t y ti e, the Board may terminatethe Teleco unications contract if, in the sole i i r , t ervice Provider fails to providelit , t - rt ications rvices. (3) Fees. t er t t ly f rged i tion by the ServiceProvider for the provisi f th Tele i tions ' i t ll f the ondo iniums represents adiscount from the co par l ret il fees c r i i r i the general geographic area inhic t r j i l a , if , th t f such discount /4/06 :\ P IN60\PROJECTS\CROSSROADS\ EC 10.04 OB.DOC (4) Installation of Telecommunications Facilities. Whether the Service Provider is solely responsible for the installation, and the cost thereof, of all of the Telecommunications Facilities necessary to provide Telecommunications Services to each Condominium. (5) Removal of Telecommunications Facilities. Whether the Service Provider has the right to remove the Telecommunications Facilities upon expiration or termination of the Telecommunications Contract. M. Delegation: The Board, and the officers of the Association shall have the power to delegate their authority and powers to committees, officers or employees of the Association, or to a manager employed by the Association, provided that the Board shall not delegate its responsibility: (1) to make expenditures for capital additions or Improvements chargeable against the reserve funds; (2) to conduct hearings concerning compliance by an Owner or his or her tenant, lessee, guest or invitee with the Declaration, Bylaws or Rules promulgated by the Board; (3) to make a decision to levy monetary fines, levy Reimbursement Charges, temporarily suspend an Owner's rights as a Member of the Association or otherwise impose discipline; (4) to make a decision to levy Regular Assessments or Special Assessments; or (5) to make a decision to bring suit, record a claim of lien or institute Foreclosure proceedings for default in payment of Assessments. N. Use of Recreational Facilities: The Board shall have the power to limit the number of an Owner's tenants or guests who may use the recreational facilities, provided that all limitations apply equally to all Owners, unless imposed for disciplinary reasons, after notice and hearing, as provided in the Bylaws. 0. Security: The Board shall have the power (but not the obligation) to contract for security service for the Common Area. Notwithstanding the foregoing, if the Association elects to provide any security services or systems, neither the Association nor the Board shall be deemed to have made any representation or warranty to any Owner, nor the tenants or invitees of any Owner, nor to any other Person using the facilities or Improvements within the Project regarding security or safety. Each Owner shall be responsible for the security and safety of Persons who occupy or use the Condominium owned by the respective Owner. The Association shall not be subject to any claims or liability in connection with the provision of any security service or security system, or the failure to provide any security service or security system, within any portion of the Project. P. Appointment of Trustee: The Board acting on behalf of the Association, has the power to appoint or designate a trustee to enforce Assessment Liens by sale as provided in Section 4.9 and California Civil Code § 1367.1(d). Q. Litigation/Arbitration: The Board of Directors has authority to enter into a contingent fee contract with an attorney in a matter involving alleged design or construction defects in the Project, only as to the facilities or Improvements the Association is responsible for maintaining as provided herein, and 10/4/06 29 T:\WPWIN601PROJECTS‘CROSSROADSIDEC 10.04.06.DOC ( ( llation f lecommunications lities. t i i i l l r i l f t inst l t c t t f all f t T l ications iliti r nications i iu . al lecommunications ilities. i i t right to remove the T lecomm tions Fa i s iration te i ation f t unications . tion: i tion t l t ir authority and powers to com i tees, officers or employees of the ss i ti , r t r l t , pro i t r t it re i ilit : it f l i t ; t i i t t, l or i it it t l l l t t r ; de i to levy monetar fine , levy Reimbur t Ch , t r rily a ri i i i i i li ; i l l r ss ents i l ents; ( ) t bri li l i gs i t ss ents. . r ational ilities: t t li it r f ' t r g t r l i , ll li it ti l ll ll l i i r i , i i t o rity: t t ) t t f r for the Co on Area. Notwithstanding the foregoing, if t i ti el cts t r i rity i es , r iation ll t i or arr t to any n r t te t or invit f r t t r r f I r t i rity r fety. r ll sible t s u t Co i i t tive r. The A sociati sha l not be subject to any clai or liabili in co ti it t i i f i s r i r r t i i r rit . t j ointment f ste : ti lf i ti n, t r tr t Liens by l as pr vi in ecti . i 1 . . i ation/Arbitration: r i t i t ti t i ti f t i t r j t, l t ili r I r t i i r i r i r i , / 6 IN60\PROJECTS\CROSSROADS' EC . . 6.DOC then only after obtaining the vote at a duly noticed and properly held membership meeting, of at least sixty- seven percent of the Members other than Declarant. If, and to the extent that, there is any inconsistency between this Section 5.2Q and applicable provisions of the California Civil Code and/or the California Code of Civil Procedure pertaining to the commencement of an action by the Association for construction defect litigation, the applicable provisions of the California statutes shall control. R. Other Powers: In addition to the powers contained herein, the Board may exercise the powers granted to a nonprofit mutual benefit corporation under California Corporations Code § 7140. S. Common Area Improvements: The Board shall have the authority and power to demolish, remove and reconstruct any and all Improvements on or over or under the Common Area in a manner not inconsistent with this Declaration, and to construct, improve and repair Improvements that are appropriate for the use and benefit of the Members of the Association, and to charge for the use of such Improvements, provided that the Board shall not include in any Regular Assessment or Special Assessments the cost of any new capital Improvement which exceeds $5,000 in cost to be expended in any one calendar year, unless fifty-one percent (51%) or more of the voting power of the Association previously shall have approved said expenditure. T. Granting Rights: The power to grant exclusive or non-exclusive easements, licenses, rights of way or fee interests in the Common Area, to the extent any such grant is reasonably required: (a) for utilities and facilities to serve the Common Area and the Condominiums; (b) for purposes of conformity with the as-built location of Improvements installed or authorized by Declarant or the Association; (c) in connection with any lawful lot line adjustment; or (d) for other purposes consistent with the intended use of the Project. This power includes the right to create and convey Exclusive Use Common Areas. The Association may deannex any real property from the encumbrance of this Declaration in connection with any lawful lot line adjustment. 5.3. Commencement of Association's Duties and Powers: Until incorporation of the Association, all duties and powers of the Association as described in this Declaration, including all rights of consent and approval, shall be and remain the duties and powers of Declarant. After the date of incorporation of the Association, the Association shall assume all duties and powers, and Declarant shall be relieved of any further liability for those duties and powers. ARTICLE VI. UTILITIES 6.1. Owners' Rights and Duties: The rights and duties of the Owners of Condominiums within the Project with respect to sanitary sewer, storm sewer, water, drainage, electric, gas, television receiving, telephone equipment, cables and lines, meters, catch basins, storage tanks, wires, ducts, flues, pumps, boilers, and pipes, exhaust flues and heating and air conditioning facilities, collectively, "Utility Facilities") shall be as follows: A. Whenever Utility Facilities are installed within the Project, which Utility Facilities or any portion of those facilities lies in or upon Condominiums owned by other than the Owner of a Condominium served by those Utility Facilities, the Owners of any Condominium served by those Utility Facilities shall have the right of reasonable access for themselves or for utility companies to repair, replace and generally maintain those Utility Facilities as and when necessary, due to failure or inability of the Board to take timely action to make such repairs or perform such maintenance. 10/4/06 30 TAWPWIN601PROJECTS \CROSSROADS \DEC 10.04.06.130C ( ( then only after obtaini t v t at l ti l l rs ip eeting, of at least sixty- f t ot t l r t. If, and to the xt t t t, t i t t i ti n . and applicableprovisions of the lif r i Civil Co an / t li i of Civil Procedure pertaining to thecommence ent of an action by the Associati for constructi defect litigation, the applicable provisions of t i t ll tr l. R. ther rs: I iti r i i , t r ay exercisethe powers granted t n r fit ut l ben fit r lif r i orporations Code §7140. S. o on r I e ents: t t rity and po er todemolish, re ove a r t an a a l I r r ov r r under the Co mon Area in amanner not inconsistent it this Decl r ti t improve r ir I prove ents that areappropriate for the s ben fi of th e t i ti , to charge for the use of suchImprovements, provided that the rd l t i e in any Regular Assess ent or SpecialAssess ents the cost of a y ne capital I prove t i excee s $5,000 in cost to be expended in anyone calendar year, unless fift - perc t (51 ) r r f t ti r f the ssociation previously it re. T. ranting i ts: gr exclu i or non-e l iv ease ents,licenses, rights of y r f inter t in the Co t th ext t any such grant is reasonablyrequired: (a) for tiliti f ili i to r t ondo iniu s; (b) for purposes ofconfor ity ith the s- ilt location of Improvements insta led or authorized by eclarant or the Association;(c) in connection ith a y la f l lot line adjust or ( t r c sistent ith the intendeduse of the Project. This power includes the right t l sive se o on Areas. TheAssociation ay deann x any real property from the encu bra c of this Declaration in connection with any l f l l t ent. . 5.3. Co mence t of A soci n's Duti an Po : til i corporation of theAssociation, all duties and powers of the Association as described in this Declaration, including all rights ofconsent and approval, hall ain the uties and ers of eclarant. After the date ofincorporation of th i ti , the s i ll ll ti po ers, and Declarant shall r li li ili f t ti ers. llLlTIES 6.1. ners' i ts i s: i i f t rs f ondo iniu s withinthe Project with respect t it s r, t r r i , electric, gas, television receiving,telephone equip ent, c l a line , t . t t , ires, ducts, flues, pumps,boilers, and pipes, exhaust fl ti i f iliti , ll ctively, " tility Facilities") : . A. henev r Utility Facilities are installed within the Project, i tility Facilities or anyportion of those faciliti lies in r u t r t the ner of a Condominiumserved byth'ose tility iliti , the Owners of any ondo iniu served bythose Utility Facilities shall havethe right of reason l ac for the or for utilit co i t repair, replace and generallymaintain those tility ciliti as and h neces r , t f il r or in ility of the Board to take timelycti t re i i t c . /41 6 :\ IN60\PROJECTS\CROSSROADS\ EC . . 6.DOC B. Whenever Utility Facilities serving more than one (1) Condominium are installed within the Project, the Owner of each Condominium served by those Utility Facilities shall be entitled to the full use and enjoyment of such portions of those Utility Facilities as service his or her Condominium. C. In the event of a dispute between Owners with respect to the repair or rebuilding of Utility Facilities, or with respect to the sharing of the cost of those facilities, then, upon written request of one (1) Owner addressed to the other Owner(s), the matter shall be submitted first to the Board for mediation, and thereafter, if the dispute remains unresolved, to binding arbitration within sixty (60) days pursuant to Section 9.17.D. The decision of the arbitrator(s) shall be final and conclusive on the parties, and judgment on the decision may be entered in any court having jurisdiction. 6.2. Easements for Utilities and Maintenance: Easements over, under and through the Project, including soffits and utility chases within Units, if any, for the installation, repair, and maintenance of. Utility Facilities and landscaping as shown on the Map, and as may be hereafter required or needed to service the Project, are reserved by Declarant and its successors and assigns, until the completion of construction of the Project and sale of the Condominiums under authority of a Public Report, and thereafter are reserved by and for the benefit of the Association and its Members, together with the right to grant and transfer the same. The easements shall be in favor of Declarant, and its successors and assigns, and in favor of the Association. 6.3. Association's Duties: The Association shall maintain all Utility Facilities located in the Common Area except for those facilities maintained by utility companies, public, private, or municipal and those maintained by the Owners as described in Section 7.22. The Association shall pay all charges for utilities supplied to the Project except those metered or charged separately to the Condominiums. 31 10/4/06 TAWPWINMPROJECTS\CROSSROADMIDEC 10.04.06.DOC ( ( . \, . tility ciliti s i t ll it i t f served by tili ll ll t of s porti of th Utility F ili i i . . I i r i t ir r il ing iliti or it respect to t s ri of t ili i , ad r to the other r the tt i t f r i ti n, t , if the dis t re i unresol t i i i t . .0 The decision of the arbitrator(s) sha l be fi t j g ent may be e t i a c rt h i i i tion. ents r ti ties a Mai ance: nts r, r gh incl i so fits and utility chas it i it , f r t i t l tion, ir, intenance ili l as sho t ft r i i t Pr j . r r by l sors , letion truction t Pr sal of the Condo i s r rity P t, are reserved by and for the benefit of th an its e bers, together it t i t tr r t . The easement shall be in fav of Declar a it s rs , i f i tion. . ociation's ies: i ti n l i t in iti t d r exc t f r t f ili i aintai i , i i l b t i i ll r s to the Project th t t ly i iu s. / 6 :\ PW1 60I TS\CROS ROADSIDEC 1 . . OC ARTICLE VII. USE RESTRICTIONS In addition to all of the covenants contained in this Declaration, the use of the Project and each Condominium in the Project is subject to the following: 7.1. Condominium Use: No Condominium shall be occupied and used except for residential purposes by the Owners, their tenants, and social guests, and no trade or business shall be conducted in any Condominium, except that residential Condominiums may be used as a combined residence and executive or professional office by the Owner or occupant thereof, so long as such use: (a) does not interfere with the quiet enjoyment by other Owners; (b) does not include visiting clients; (c) business activities take place solely inside the Unit; (d) does not generate in-person visits by suppliers or clientele; (e) complies with all laws, regulations and ordinances applicable to the Property, including zoning, health and licensing requirements; (1) otherwise complies with the Declaration and is consistent with the residential character of the Property; (g) no signs, logos, billboards, or other advertising materials or devices are displayed in the windows of the Unit, or on exterior of the Building, or on any Common Area, to advertise the activity; (h) the existence or operation of the business is not apparent or detectable outside the Unit by sight, sound or odor; and (i) the business does not increase the liability or casualty insurance obligation or premium of the Association. Declarant, its successors or assigns, may use any Condominium or Condominiums in the Project owned by Declarant for a model home site or sites and display and sales/construction office during construction and until the last Condominium is sold by Declarant, or until three (3) years from the date of closing of the first sale in the Project, whichever occurs first. No tent, shack, trailer, basement, garage, outbuilding or structure of a temporary character shall be used at any time as a residence, either temporarily or permanently. No Condominium or any portion of any Condominium in the Project shall be leased, subleased, occupied, rented, let, sublet, or used for or in connection with any time sharing agreement, plan, program or arrangement, including, without limitation, any so-called "vacation license," "travel club," "extended vacation," or other membership or time interval ownership arrangement. The term "time sharing" as used herein shall be deemed to include, but shall not be limited to, any agreement, plan, program, or arrangement under which the right to use, occupy, or possess the Condominiums or any portion of the Condominiums in the Project rotates among various persons, either corporate, partnership, individual, or otherwise, on a periodically recurring basis for value exchanged, whether monetary or like kind use privileges, according to a fixed or floating interval or period of time of twenty-five (25) consecutive calendar days or less. This section shall not be construed to limit the personal use of any Condominium or any portion of the Condominium in the Project by any Owner or his or her social or familial guests. The number of residents, unless applicable law provides otherwise, shall be limited as follows: No more than two (2) persons per bedroom in any Condominium shall be permitted as permanent residents. (A "permanent resident" means any person residing in a Condominium more than sixty (60) days out of any twelve (12) consecutive month period, provided that one (1) person shall be allowed in addition to the maximum number of permanent residents otherwise permitted in each Condominium. No health care facilities operating as a business or charity shall be permitted in the Project, unless permitted by law or ordinance which preempts this restriction, 10/4/06 32 TAWPWIN60\PROJECTS\CROSSROADS1DEC 10.04.06.DOC ( ( ICLE . TRICTIONS I iti ll f t cov co t i t ti , f t r j t c i iu i t r j i s j t t f ll i : . . dominium i iu ll i t f r r i ti l r t t t and i t i ll t d i inium, ept r ti l iniums y i r si ce and ti or pr f ssi l office by the Owner or o cupant thereof, so long as such use: ( ) t i t rf r it t i t j ( i li ; i ti iti t k l l l i i t it; ( ) t i - r i it y li r li t l ; ( ) li s it ll la , re l i ordi ap li t th Pro incl i i , lt licensing r ir t ; (f t r ise li i t t it t r i tial r t r f t r rt ; i l ill r t i i l i r i l i t i f t i f t il i , r , t rti t ctivity; (h) the i t r of the business is not apparent or detectable outside the Unit by sight, or odor; (i) t busi d not incre the liabilit or cas ins li tion r r i f t iation. Declar . its succes or assigns, may use any Con i i r i iu s i t r j t l f l h it l / struction ffi ri t tion l t is l , til t r ( ) r fr t date of l i f t fi i t Proj r r t. No tent, shac , tr il r, t, garage, t il i r tr t of a t r r character sha l be used at any ti r i , it r t porarily tl . i iu p rti f a i i t r j t ll l , l s , i , r t , l t, l or us f r r i i t, l , r r r rr including, without limitation, any so-ca led " ti li ," tr l l ," " t v cation," r t r i t. The ter "ti i " r i s ll t i l b t sh ll not be limited to, any agr pla , pr , r rr t r i t ri t t r p t i f t i i s i t r j ct r t t s g per , eit cor t , rship, i ividual, r t rwise, ri i ll rec rri basis for value exchanged, whether monetary or like kind use privileges, r i t fi fl i i fi ) secutive l r s or less. is section ll t t li i t r f i i ti f t i i in t j r l t . . l l i i , ll li ited as follows: o r t t i i r t r i ts. ( " r t i p r r i i i i t ( ) t f y t l ( ) tive t , t ll ll d i iti n t t i t r i t i i i i . lt r i as a b i r ll itt i t r j t, l ss t i tri ti . / /06 :\ P IN60\PROJECTS\C S\DEC Q. . . No family day care center shall be permitted within the Project except as specifically authorized by California Health and Safety Code §1597.40 and other applicable state statutes. The owner/operator of any such day care facility shall comply with all local and state laws regarding the licensing and operating of a day care center and, in addition, shall: A. Name the Association as an additional insured on the liability insurance policy or bond carried by the owner/operator of the day care center; B. Defend, indemnify and hold the Association harmless from any liability arising out of the existence and operation of the day care center; C. Abide by and comply with all of the Association's Rules; D. Supervise and be completely responsible for children at all times while they are within the project; E. Cooperate with the Association if the Association's insurance agent or carrier requires proof of insurance, proof of the agreement of the owner or operator of the center to these conditions, or other reasonable requests. 7.2. Nuisances: No noxious, illegal, or seriously offensive activities shall be carried on within Condominium, or in any part of the Project, nor shall anything be done thereon that may be or may become a serious annoyance or a nuisance to or which may in any way interfere with the quiet enjoyment of the Owners' Condominiums or which shall in any way increase the rate of insurance for the Project, or cause any insurance policy to be cancelled or to cause a refusal to renew the same, or which will impair the structural integrity of any building. The Board is entitled to determine if any device, noise, odor, or activity constitutes a nuisance. 7.3. Permitted Vehicles and Parking: Except as otherwise permitted in this Section 7.3, only Permitted Vehicles shall be parked, stored or operated within the Project. A. Permitted Vehicles shall mean appropriately licensed passenger automobiles, sports utility vehicles, motorcycles, and trucks having carrying capacity of 3/4 ton or less, vans having seating capacity of eight (8) persons or less. Owners and their tenants and invitees shall park their Permitted Vehicles only in the parking space appurtenant to or assigned to their Unit. Vehicles that are not Permitted Vehicles shall not be parked or stored in the Project. Except for commercial vehicles or construction equipment that are providing services to a Unit or the Association (but only during the period of time in which such services are being provided and subject to the Rules), Permitted Vehicles shall not include any commercial vehicle, construction equipment, trailer, camper, mobile home, recreational vehicle, truck having carrying capacity of greater than 3/4 ton, van having seating capacity in excess of eight (8) persons or any vehicle which is too large to fit within the Owner's garage, inoperable vehicles, boats or similar equipment. Vehicles that are otherwise Permitted Vehicles that are used both for business and personal use are not prohibited, provided that any signs or markings of a commercial nature on such vehicles shall be unobtrusive and inoffensive as determined by the Board. No excessively noisy or smoky vehicles shall be operated on the Project. No Owner or other occupant of any Unit shall park more than two (2) Permitted Vehicles within the Project at any one time. 10/4/06 33 TAWPWIN60\PROJECTSCROSSROADS\DEC 10.04.06.00C ( No fa ily day care c t r ll t ifically authorized byCalifornia Health and Safety 159 . and t r li t t t t . The owner/operator of anysuch day care facility shall co ply it a l loc l a t t la s r r i t licensing and operating of a day i , ll: A. a e t i ti as an additional insured t li bility i r c policy or bond rri t o r t r t r; B. efend, i if i ti f li ility arising out of t i t o t t r; . i i tion's l s; D. Supervis l t l responsible for children at all ti es il they are ithin ; E. ooper t it t i ti if t i t r carrier requiresproof of insurance, proof of the agreement of the owner or operator of the c t r to t ese conditions, or other ble ts. 7.2. uisances: i , ill l f sive ti iti s ll carried on withinCondo iniu , or in any part of the Project, nor shall anything be done thereon that may be or ay become aserious annoyance or nui t or i a in an i t f r it t quiet enjoy ent of theOwners' Condo iniu s or which shall in any way increase the rate of insurance for the roject, or cause anyinsurance policy to be ca ll or t c a ref l t r , r i ill i pair the structuralintegrity of any buil i . The Board is entitled to determine if any device, noise, odor, or activity constitutes a ce. 7.3. Per itted icles ing: i r itt i t is ection 7.3, only er itt i l sha l be park , st r or t it i t roject. A. Per itted i l s ll t l r t obiles, sportsutility vehicles, t r les, truck havin carr i it f % t or less, vans having seatingcapacity of eight ( ) r l Owners and their tena t an invit s shall park their PermittedVehicles only in t r i t t ir it. icles that are not PermittedVehicles shall not b par r st in the Proj Except for commerci l vehicles or constructionequip ent that are providing services to a Unit or the ssoci ti (but only during the period of ti e in whichsuch services are bei pro i s j t the Rule P r itt i l s shall not include anycommercial vehicle, construction equipment, trailer, camper, mobile ho , recr ti al vehicle, truck havingcarrying capacity f r t r t :y. it i ss of eight (8) persons or anyvehicle hich is t l r t fit i i l i l s, boats or si ilar equipment.Vehicles that are ot r i r i t t f r i ss and personal use are notprohibited, provided that any signs or markings of a commercial nature vehicles shall be unobtrusiveand inoffensive as d t r i t No excessiv l i icl s shall be operated onthe Project. No Owner or other occupant of any Unit sha l p r t t ( ) r itted Vehicles within one i . / :\ PWIN60\PROJECTS\CROSSROADS\ EC 10.04.06.DOC B. No parking shall be permitted within the private streets or driveways of the Project, except in parking pads or parallel parking bays designated by the Board as parking areas. All such parking areas shall be used in accordance with the Rules of the Association. C. The Association may install a sign at each vehicular entrance to the Project containing a statement that public parking is prohibited and that all vehicles not authorized to park on the Project will be removed at the owner's expense. The sign shall contain the telephone number of the local traffic law enforcement agency and shall not be less than 17 x 22 inches in size with lettering not less than one (1) inch in height. D. The Association may cause the removal of any vehicle wrongfully parked on the Project, including a vehicle owned by an occupant of a Unit. If the identity of the registered owner of the vehicle is known or readily ascertainable, the President of the Association or his designee shall, within a reasonable time thereafter, notify the owner of the removal in writing by personal delivery or first- class mail. In addition, notice of the removal shall be given to the local traffic law enforcement agency immediately after the vehicle has been removed. The notice shall include a description of the vehicle, the license plate number and the address from where the vehicle was removed. If the identity of the owner is not knoVvn or readily ascertainable and the vehicle has not been returned to the owner within one hundred twenty (120) hours after its removal, the Association immediately shall send or cause to be sent a written report of the removal by mail to the California Department of Justice in Sacramento, California and shall file a copy of the notice with the proprietor of the public garage in which the vehicle is stored. The report shall be made on a form furnished by the Department of Justice and shall include a complete description of the vehicle, the date, time and place from which the vehicle was removed, the amount of mileage on the vehicle at the time of removal, the grounds for removal and the name of the garage or place where the vehicle is stored. Notwithstanding the foregoing, the Association may cause the removal, without notice, of any vehicle parked in a marked fire lane, within fifteen (15) feet of a fire hydrant, in a parking space designated for handicapped without proper authority or in a manner which interferes with any entrance to, or exit from, the Project or any Condominium, parking space or garage located thereon. The Association shall not be liable for any damages incurred by the vehicle owner because of the removal in compliance with this section or for any damage to the vehicle caused by the removal, unless such damage resulted from the intentional or negligent act of the Association or any person causing the removal of or removing the vehicle. If requested by the owner of the vehicle, the Association shall state the grounds for the removal of the vehicle. Unless the Board provides otherwise, any director or officer, any manager or manager's agent or any Owner authorized to do so by any director or officer shall have the authority to act on behalf of the Association to cause the removal of any vehicle wrongfully parked within the Project. E. No parking space shall be converted into any use (such as storage) that would prevent its use as parking space for the number of vehicles the space was designed to contain. Owners are to use their assigned parking spaces for parking of their vehicles so that unassigned Common Area parking will be available for guest parking. The Association may establish Rules from time to time for the parking of vehicles in the Common Areas. The provisions of this Section 7.3 are intended to comply with Vehicle Code section 22658.2 in effect as of January 1, 2006. If this Vehicle Code section is amended, this provision automatically shall be amended in the same manner. If this section is repealed and no successor section is enacted, this provision shall remain in full force and effect. Vehicle Code section 22658.2 may have been amended by the State Legislature since this Declaration was recorded, and the Board should confirm the current statutory requirements. 10/4/06 34 TAWPWIN601PROJECTS\CROSSROADS \DEC 10.04.06.DOC ( . s ll b p r i ri t i r i t rking reas. i it i tion. . i ti may insta l i t t li parking is prohibited and that a l vehicl s not authorized to park on the Project ill ed ' e. The sign sha l cont i the telep n t l tr l agency and shall not be le s than 17 x 22 inches in size ith le teri not less t ( ) . . ti n l f l y t , i t f it. If the identit f t r i l i r i as l , t r t i ti thereaft r, notify the owner of the re l in riti by r l li l I ti f t r l sha l be iv t l i i l r . The notice sha l inclu a descri ti of the ve i t lic pl t a r fro where the vehicle was re ove . If the iden ity of the owner is not know l a the ve i l has n t r t t t it r t i i t epart t f ti i r California and s l fil a c f i t r of th publiCg r i r rt ll by t epart ent of Justice and shall include a complete description f t l i the v i l r il i l val, ds r l t g or pla t v l is stor the foregoing, the A sociation may cause the removal, without notice. f l . fift (15) f t f i i t r t rit or in a anner hich interfer s it any tr to, r o inium, rking space r rage l cated thereon. i tion l t li f i t i o bec t r i c r t t i l cause by the removal, unless such da age resulted fro t i ti l f i g t ehicle. If r r l , t i ti n nds f r val of the vehicle. l r i t r i , any director or o ficer, any an r or anager's agent or l i tion l p r . s s c t d i u (s st t it f r t i . f r parki l The Associatio may est li Rules fro ti t i i l i of t is Section 7.3 are intended to co ply with icl i i J 1, 2 If this Vehicle Code section is amended, this provision auto lly in t r. If this section is repealed and no su cessor section is t t i i Vehicle Code secti 226 . may hav t i lature e ti n r , t Bo sh co t curr stat t nts. :\ IN60\PROJECTS\CROSSROADSIDEC 7.4. Signs: Subject to Civil Code §§ 712, 713 and 1353.6, no signs shall be displayed to the public view on any Condominium or on any other portion of the Project, except non-commercial signs may be displayed within a Condominium that are approved by the Board or a committee appointed by the Board, that conform to the Rules regarding signs, and that conform to the requirements of State law, and applicable local ordinances. "For Sale" or "For Rent" or "For Exchange" signs shall be allowed to be displayed within areas of the Project that are designated in the Rules regarding such signs, and that conform to the requirements of State law, and applicable local ordinances, provided the design, dimensions and locations are reasonable. An Owner or his or her agent may display one (1) such For Sale or For Rent or For Exchange sign within his or her Condominium and one sign in the Common Area advertising directions to the Owner's Unit which is for sale, rent, or exchange, provided the design, dimensions and locations are reasonable and comply with the Rules regarding signs, and comply with the requirements of State law, and applicable local ordinances. These restrictions on display of signs apply to signs that are visible from the exterior of a Unit, and are not intended to restrict signs that may be seen only from within the Unit in which the sign(s) is displayed. 7.5. Animals: Except as provided in this Declaration and permitted under the Rules, no animals of any kind shall be raised, bred, or kept in any Condominium, or on any other portion of the Project. Trained dogs used for assistance by visually impaired, hearing impaired or physically handicapped persons may be kept by an occupant or invitee of an Owner. Owners, their tenants or other occupants of Units may keep no more than one dog or one (1) cat within a Unit, and may keep a reasonable number of other ordinary household pets and fish that are kept in cages or aquariums, provided that no such dogs, cats or other animal or fish may kept, bred, or maintained for any commercial purposes. The Association may adopt Rules regarding the size of dogs that are permitted within the Project. All pets shall be kept under reasonable control at all times. No pet shall be allowed in the Common Area except as may be permitted by Rules of the Board. No Owner shall allow his dog to enter the Common Area except on a leash. After making a reasonable attempt to notify the Owner, the Association or any Owner may cause any pet found within the Common Area in violation of the Rules of the Board or this Declaration to be removed by the Association (or any Owner) to a pound or animal shelter under the jurisdiction of the City or the County by calling the appropriate authorities, whereupon the Owner may, upon payment of all expenses connected therewith, repossess the pet. Owners shall prevent their pet from soiling all portions of the Common Area and shall promptly clean up any waste left by their pet. Owners shall be fully responsible for any damage caused by their pet. Owner shall use reasonable efforts to prevent any animal within his Unit from making disturbing noises that can be heard from any other Unit between the hours of 10:00 PM to 7:00 AM. An Owner in violation of this section may be deemed to be permitting, or causing a serious annoyance or nuisance to any other Owner. The Board, after notice and a hearing, may require the permanent removal of any animal that the Board determines to be a danger to the health and safety of any occupant in the Project, or otherwise to be a nuisance within the Project. The Board may find that an animal is a nuisance if the animal or its owner continues to violate the Rules regulating pets after receipt by the Owner of a written demand from the Board to comply with the Rules. Owners are required to inform the Association of the type of breed of pet upon commencement of occupancy and provide the Association with proof of rabies vaccination. In no event shall any Owner authorize, bring or keep within the Project: (a) any pit bull, rottweiler, doberman pinscher, mastiff, canaria presa, or any other breed known as a "fighting breed" or any dog being a mix thereof; or (b) any snakes, pigs, large lizards, spiders, rats or vermin. 7.6. Garbage and Refuse Disposal: All rubbish, trash recycling materials and garbage shall be regularly removed from the Units, and shall not be allowed to accumulate therein. Trash, garbage, recycling materials and other waste shall only be kept in sanitary containers. Ali equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition, and shall be screened from view of 10/4/06 35 TAWPWIN601PROJECTS\CROSSROADSDEC 10.04.06.DOC ( . . igns: ject i il e , i s ll i layed t t lic i an C inium or on any other portio of th r j t, pt - mercial signs ay be i layed it i a Co i ium that are a prove by the Board or a c ittee ap i t d by the oard, that form t t R l re ing si , an th co t t r irements f t t l , nd applicable l l r inances. "For Sale" or "For Rent" or "For Exc " si s ll b all d t isplayed ithin r as f th Proj t th ar de ated in the Rul re rding h si s, t t form to the r irements of St la licable loc or ces. ided t sign. i nsions and locations r r sonable. ner r i h a t lay ne ) ch r le r r nt r or ange si it i hi or h ominium an o si i t on a rtising ir ctions to t er's i is f s . re or ex ge, pr ed ign, i nsions locations are r onable an co l i t re i g sig a c ly irements f t t l . and licable l l o i ances. Thes restrict on displ of si a l t si t t ar i ible fr the t rior f a U i a ar not int ed to restr sig t l fr it in t nit in hich (s) i layed. . . imals: pt i ed in t l ration r it ed r t l s, imals f i ll b r i , br or k in a inium, or r rti f t r j ct. rained s f i tance by l y i i d, he i ired sically dicap ed ersons ay be k t pant or i i r. Own their te t r pants of it y k ep no re t n d or on (1) cat wit a Unit, and may ke a rea able nu er of ot r ordinary sehold ts d i h t t i c o a riums, vided t at ch gs, ts r other i al fi m k , b , i tained f ercial urposes. A ciation ay adopt les r arding t e ize f gs t t p itted ithin the roject. ll p t s ll k t under r onable co l at a l ti . No pet sha l be allo in th n r e t as y per itted by les f t rd. No O r s ll all hi ter t e ommon Area except on a leash. fter ing r nable att t to not the O , th A iation r se any pet found ithin t on i vi tion of th Rul of t B t i laration t r oved by the sociation (or an r) t p or ani l s r u r t risdiction f t it r t nty by lling t a priate a rities, upon th O r , n ent f ll enses connected t rewith, r sses t p Own sha l preve their pet fr s li all p ti s f t on rea ll r ptly cl ste l ir t. OlNl1ers ll b f ll r nsible f r y age sed ir t. er ll r able ef to pr t an a l in it r king i turbing ises that c rd fr r it een t t :00 . r i i lation of this s tion b ed t p itting, or c a s s yance i ce t t er ner. r , aft r noti an a he , ma req th p nent r val f a i al t t t oard termines t b a da r t th he an saf of an o pant i t Pr j ct, r t rwise to be a isance it in t ject. Th Bo ma fin tha a a l i n i nce if t i al r its o ner tinues t vi l th R l re ting pets after rec i by t r f ritt n nd fro the oard t ply it l s. Ow are requi to info th ciation f t t f r d of pet upon c encement of occ y and provi the Associ with pr f r i s ination. In v t shall er a t rize, bri or k it the Proj (a) a i l, t eiler, r an i cher, astiff, c aria r a, a ot r k n a a "fi i g br " i i t reof; r ( ) any kes, pi , lar li s, i ers, r r in. ._ . . rbage fuse posal: l ish, h cling t ri ls r ge shall be r larly r ed fr t , s n t b d umulate t rein. Tr , r age, recycling t rials a ot sh o l be k in s ry iners. All eq i t for th st r e r isposal f h t rials s ll b k in a clea and sanit co ition, ll b s r ned fr view of /41 6 :\ PWIN60\PROJECTS\CROSSROADS\DEC . . 6.DOC neighboring Units, Common Areas and streets. No toxic or hazardous materials shall be disposed of within the Project by dumping in the garbage containers or down the drains, or otherwise. Each Owner shall be responsible for removal of garbage from his Unit to the central pick up points. All recycling and solid waste shall be confined to approved receptacles and enclosures. 7.7. Antenna Restrictions: No Person may install on the exterior of a Condominium Building any antenna or over-the-air receiving device, except for an "Authorized Antenna" that is not prohibited under Section 7.9.C, without the prior written approval of the Architectural Control Committee. The use and installation of an Authorized Antenna in the Project is subject to applicable law and regulation and the following: A. Definition: An Authorized Antenna is: (a) an antenna designed to receive direct broadcast satellite service, including direct-to-home satellite service, that is one meter or less in diameter; or (b) an antenna designed to receive video programming service, including multichannel multipoint distribution service, instructional televisions fixed service, and local multipoint distribution service, that is one meter or less in diameter or diagonal measurement; (c) an antenna designed to receive television broadcast signals; or (d) an antenna used to receive and transmit fixed wireless signals or broadband service. An Authorized Antenna may be mounted on a mast to reach the height needed to receive an acceptable quality signal, subject to local governmental agency permitting requirements for safety purposes. B. Restrictions on Installation: Subject to applicable law and regulation, an Authorized Antenna may be installed indoors or on the Exclusive Use Common Area balcony or patio in a manner that minimized the visibility of the device from the other Condominiums and adjacent real property. The foregoing locations are hereby deemed "preferred installation locations." The Board or the Architectural Control Committee may adopt reasonable restrictions on installation and use of an Authorized Antenna as part of its Design Guidelines in order to minimize visibility of the Authorized Antenna from other Condominiums. Such restrictions may designate one or more preferred installation locations, or require camouflage such as paint (subject to the antenna manufacturer's recommendations) or screening vegetation or other Improvements. However, no restriction imposed hereunder or by the Board may: (i) unreasonably delay or prevent the installation, maintenance or use of an Authorized Antenna; (ii) unreasonably increase the cost of installation, maintenance or use of an Authorized Antenna; or (iii) preclude acceptable quality reception. C. Prohibitions on Installation: The Board or the Committee may prohibit the installation of an Authorized Antenna in a particular location if, in the Board's or Committee's opinion, the installation, location or maintenance of such Authorized Antenna unreasonably affects the safety of the Owners or any other Person, or for any other safety-related reason established by the Board or Committee. The Board or Committee may also prohibit an Owner from installing an Authorized Antenna on any real property which the Owner does not own or is not entitled to exclusively use or control under the Governing Documents, including any exterior wall of the Building, balcony railings, and the roof of the Building. The Board or Committee also has the power to prohibit or restrict the installation of any antenna or other over- the-air receiving device that does not meet the definition of an Authorized Antenna above. D. Review after Installation: The Board or Committee may review the location and installation of an Authorized Antenna after it is installed. After its review, the Board or Committee may require that the Authorized Antenna be moved to a preferred location (if one has been designated) for safety reasons or to comply with reasonable restrictions subject to this section and applicable law. 10/4/06 36 TAWPWIN60\PROJECTS\CROSSROADS\DEC 10.04.06.DOC ( ( i Units, r and str t No toxic r at ri l ll i f it i t j i t i , t r ise. r ll r i l f r re l f r fro his it l . ll r li t l t r . . tenna trictions: t ll i iu il i or receiving device, except for an " t ri Antenna" that is t i it r ti n . . , ut l f itectural trol ommitte . i ll tion i d a i t r t t a li l l r l tion t OWIng: . i ition: i t nna i i t sate lite service, including direct-to-home satellite service, that is one meter or l i i t r; r ( ) t d si to receive video programming service, inclu i ultic l i i i t i ti i i tr t l i fix servic , a l l i i t i t r r l i i r i (c) t r i t l i i r t i l ; ( t ir l ss l nd rvice. t ri t b a ast to reach t h i t rec i a t l lit i l, t t loc l g l a per itti r . . trictions o Inst l tion: ject ap le l r l tion, i t i t ll indo r or t r l r ti i that ini i t i i ili f t i i i j t l r rt . f i locatio s are hereby dee ed "prefe red insta lati locations." The Board rt e r it t r l Co itt ay reas l restricti i us f t ri t rt of its Design Guideli in order to minimize visibi of the Authoriz A t a fr ot r iniums. Such restrictio may designat on or or pref r inst ll i l ti , r r ir l such as paint (subject the t i t ti t I r However, no restriction imposed hereu r or by th r : i r nably l r r t i t ll i t or (ii ly i r t of insta l ti i or use of a t r ( i) r l t le lit tion. ibit ons Inst tion: or the Co i it t i t ll i of an t t in a partic l l if, i t r ' itt ' i i , t i l ti n, l ce of suc t ly ff t t f ty f t or r ittee. r l pro i i i t i t a r l i t not o or is t l l t r i g t , i l r , lcony railings, t e roof of the Building. r i l t po r to pr i i i t r r- i r i i t not meet the definiti i t . i I llation: l i i t ll tion i ed a i i ll . After its revie , the Boar itt i that the t ri nt be moved to a preferr location (if one has been i t ) f r f t or to co l i r restri ti j t t i secti and applic l la . / 6 :\ PWIN60\PROJECTS\CROSSROADS\ EC . C E. Restatement of Applicable Law: This section is intended to be a restatement of the authority granted to the Board or Committee under the law. All amendments, modifications, restatements and interpretations of the law applicable to the installation, use or maintenance of an antenna or other over- the-air receiving device shall be interpreted to amend, modify, restate or interpret this section. 7.8. Right to Lease: A. Any Owner who wishes to lease his Condominium must meet each of the following requirements, and the lease will be subject to these requirements whether they are included within the lease or not: (1) all leases must be in \Kiting; (2) the lease must be for the entire Condominium and not merely parts of the Condominium, unless the Owner remains in occupancy; (3) all leases shall be subject in all respects to provisions of the Declaration, the Bylaws, and all Rules adopted by the Board; (4) all Owners who lease their Condominiums shall promptly notify the Secretary of the Association in writing of the names of all tenants and members of tenants' family occupying such Condominiums and shall provide the Secretary of the Association with a complete copy of the lease. All Owners leasing their Condominium shall promptly notify the Secretary of the Association of the address and telephone number where such Owner can be reached; (5) no Owner shall lease his Unit for a period of less than thirty (30). days. B. Any failure of a tenant to comply with the Declaration, Bylaws, and Association Rules, shall be a default under the lease, regardless of whether the lease so provides. In the event of any such default, the Owner immediately shall take all actions to cure the default including, if necessary, eviction of the tenant; C. If any tenant is in violation of the provisions of the Declaration, Bylaws, or Rules of the Association, the Association may bring an action in its own name and/or in the name of the Owner to have the tenant evicted and/or to recover damages. If the court finds that the tenant is violating, or has violated any of the provisions of the Declaration, the Bylaws of the Association, or the Rules of the Association, the court may find the tenant guilty of unlawful detainer notwithstanding the fact that the Owner is not the plaintiff in the action and/or the tenant is not otherwise in violation of tenant's lease. For purposes of granting an unlawful detainer against the tenant, the court may assume that the Owner or person in whose name a contract (the lease or rental agreement) was made was acting for the benefit of the Association. The remedy provided by this subsection is not exclusive and is in addition to any other remedy or remedies which the Association has. If permitted by present or future law, the Association may recover all its costs, including court costs and reasonable attorneys' fees incurred in prosecuting the unlawful detainer action. D. The Association shall give the tenant and the Owner notice in writing of the nature of the violation of the Declaration and/or Rules, and twenty (20) days from the mailing of the notice in which to cure the violation before the Association may file for eviction. 37 10/4106 TAWPWIN6O1P ROJECTS1CROSSROADSOEC 1 0.04.06.DOC ( ent licable : the it t t ll t , ti s, ts of the law a li l to t i t ll ti s i d i s ll be inter r t if t r ret . . t : r i s l i i . and the lease will be subject to these requirements whether they are included it i t r t: . witing; f t e ti i ium l t i iu , unl the OVvtle r i ; i i s , ll ul ad t by t ll r tl notify t iation i riti of the na e of a l tenants and memb r of ten fa il occ i iu s r i tion ith a co plete copy f the lease. l i their Condominiu shall promptly notify the Secretary of t i ti of s l his Unit for a peri f l s than thirty (30). t l r r r vides. In t ev f t ner immediately shall take all actions to cure the default i cl i , if c ss r , i ti t; If i f t i i f t l r ti , Bylaws, r l the i , t ss i ti may bring an acti in its o na i f t t t r If the court fin t t t IS i of th l r ti t yl f t i ti , t t t guilty f l f l detainer notwithstanding the fact that the ner is t t t i i i t nt's l ase. r r f l r a i t t t c i tr ct l re t nt) s ting for the nefit f t e ociation. r i by this subsection is not exclusive and is in addition to any t r r y r i has. If permitted by present or future law, the A sociation may recover all its t , reas l att r f i i r f l ll t i f t ecl r ti and/or Rules, and twenty (20) d y f t ti i i b f r t i tion. /06 :\ P IN60\PROJECTS\CROSSROADS\DEC .04.06.DOC E. Each Owner shall provide a copy of the Declaration, Bylaws and all Rules of the Association to each tenant of his or her Unit. By becoming a tenant, each tenant agrees to be bound by the Declaration, the Bylaws and the Rules of the Association, and recognizes and accepts the right and power of the Association to evict a tenant for any violation by the tenant of the Declaration, the Bylaws, and Rules of the Association. 7.9. Architectural Control: The purpose and intent of this Article is to empower the Association to preserve property values within the Project. The Board has the ultimate responsibility, but may delegate that authority to an Architectural Control Committee. The Board and the Architectural Control Committee shall operate pursuant to the following guidelines: - • A. Only the Association may construct or install Improvements within the Common Area of the Project except for installations within Exclusive Use Common Areas as expressly provided in this Declaration. There shall be no construction or installation of Improvements within a Unit or within Exclusive Use Common Area appurtenant to a Unit or painting, alteration or modification of existing Improvements within a Unit or within Exclusive Use Common Area appurtenant to a Unit by an Owner, his agents, tenants, contractors or other representatives, including, but not limited to, a fence, wall, pool, spa, obstruction, outside or exterior wiring, screen, patio cover, tent, awning, carport cover, trellis, Improvement or structure of any other kind within a Unit or within Exclusive Use Common Area, except as provided for in this Section 7.9 until the same has been approved in writing by the Board, or by an Architectural Control Committee appointed by the Board. Notwithstanding the foregoing, an Owner may improve or alter any Improvements within the interior boundaries of the Owner's Unit, provided such Improvement or alteration does not materially alter or impair the structural or acoustical integrity of any Common Area, the utilities or other systems servicing the Common Area or other Condominiums or the Unit, and does not involve altering any Common Area (including bearing walls) and Utility Facilities. B. No Building, fence, wall, pool, spa, obstruction, outside or exterior wiring, balcony, screen, patio, patio cover, tent, awning, carport, carport cover, trellis, structure or Improvement of any kind shall be commenced, installed, erected, painted, repainted or maintained upon the Project, nor shall any alteration or Improvement of any kind be made thereto until the same has been approved in writing by the Board, or by an Architectural Control Committee appointed by the Board. Notwithstanding the foregoing, Owners may improve or alter any Improvements within the interior boundaries of the Owner's Unit, provided such Improvement or alteration does not impair the structural or acoustical integrity of any Common Area, the utilities or other systems servicing the Common Area or other Condominiums, and does not involve altering any Common Area (including bearing walls). The Committee may consider the impact of views from other Condominiums along with other factors, including reasonable privacy right claims, passage of light and air, beneficial shading and other factors in reviewing, approving or disapproving any proposed landscaping, construction or other Improvements. However, neither the Declarant nor the Association warrants that any views in the Property are protected. No Condominium is guaranteed the existence or unobstructed continuation of any particular view. C. The Architectural Control Committee shall not restrict or prohibit the installation or use of a solar energy system that is protected by law, including, without limitation, Civil Code §801.5, except that it may adopt reasonable restrictions which do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or which allow for an alternative system of comparable cost, efficiency, and energy conservation benefits. D. Plans and specifications showing the nature, kind, shape, color, size, materials and location of any proposed Improvements or alterations that require review hereunder shall be submitted to the 10/4106 38 TAWPWIN601PROJECTS \CROSSROADS\DEC 10.04.06.DOC ( . ac r ll i l r tion, l s ll l s of the ssociati to eac tena t f i r r it. By beco i t, t t grees to be bound by the Declaration, the Bylaws and the Rules of the A sociation, and recognizes and acc ts the right and power of the Associati to evict a t t f r viol ti l r ti , t yla s, and Rules of t ciation. . 7.9. r it t ral t l: e rpose and intent of t is rti le is t empo er the Association to pr r r t l j t. t lti t r sponsibility, but ay delegate t t t rit t r t ral trol o mitte . r t e· rchitectural tr l i s ll ll i g guidelines:· . . l t i ti t it i t on rea of the Project exc t for inst ll i wit i Excl r r ssly provided in thisDeclaration. There shall be no or inst ll ti I t it i it r ithin xclusive Use Co on Ar ap rt t t a Unit or painti l ifi ti n f i ti I prove ents within a nit r it i l i r it r, his agents. tenants,contractors or other representatives, including, but not limited to, ll, l, , struction, outside or exterior iri , scr , ti t t, a i , t lli , I r nt or structure of any other kind ithin a Unit or it i xcl i Use Co on Area, except as provided f r i t is ection 7.9 unijl the sa e has been appr in riti by t r , r itectural tr l ittee appointed by the Board. Notwithstandi the foregoi , an Owner may i r alt I r v ents ithin the interior boundari s of the n r' Unit, provided s I pr lt ti t aterially alter or i pair the str ct r l or ti l integrit of tiliti r t r syste s servicing the Co on rea r ot r Co i iums t n inv l alt ri a y o on Area i l i b ri iliti . B. o il i , f , ll ti n, t ri r iri , lcony, screen, pati , pati c r, t t carp rt, r lli , tr t r r I rove ent of any kindshall be co e c , inst ll , r pai t r i d t r j ct, nor shall any alteration or I prov t f ki be a t r in riting by the Board, or by an rc it t r l t l i t d the ard. t it t i g the foregoing, ners ay i r r lt ri f t ner's nit, provided such I prov t or alt r ti not i p ir t t ti l i t rity f any o on Area, the utilities r ot r syst t i iu s, nd does not inyolvealtering any o r (i l i bearing wa ls). The Commi tee may consider the i pact of views from other ond i i along with other factors, including reasonable privacy right clai s. passage of light andair, benefici l sh i and t f in r i i i r i g y roposed landscaping, construction or t r I r t However, neither th t i ti arrants that any views in the Prop rt ar pr t t . No Condominiu is guara the exist or unobstructed i tion of a i . C. h r it t r l Control Co i tee sha l t r tri t r i it t i t ll ti or use of a solar e r t t t i l t li it ti , i il e §801.5, except that it ay adopt reas l restricti which do not signific tl increas the cost of the st or significantly decrease its efficiency or specified performance, orwhich a lo lt m ti st of co parabl~ cost, i i , e ti fit . D. l s ifi ti l r, i , t ri ls and location of any proposed Improvements or alterations that require revie her r shall be sub itted to the /06 :\ P IN60\PROJECTS\CROSSROADS\ EC . .06.DOC Board or to the Architectural Control Committee for approval as to quality of workmanship and design and harmony of external design with existing structures, and as to location in relation to surrounding structures, topography, and finish grade elevation, and conformity to the Design Guidelines. E. No permission or approval shall be required to repaint in accordance with Declarant's original color scheme, or to rebuild in accordance with Declarant's original plans and specifications. No permission or approval shall be required to repaint in accordance with a color scheme previously approved by the Board or the Committee, or to rebuild in accordance with plans and specifications previously approved by the Board or by the Committee. Nothing contained in this paragraph shall be construed to limit the right of an Owner to paint the interior of his or her Unit any color desired. F. In order to maintain noise transference levels between Units, and to comply with applicable building standards, floor covering materials that are replaced shall be replaced only with materials of equal or better quality and noise transmission specifications. G. No landscaping shall be made or added to any Patios which are visible from the street or from the Common Area by any Owner until plans and specifications showing the nature, kind, shape and location of the materials shall have been submitted to and approved in writing by the Board or by an Architectural Control Committee appointed by the Board. H. The Architectural Control Committee shall consist of three (3) members. Declarant may appoint all of the original members of the Committee and all replacements until the first anniversary of the issuance of the original final Public Report. The Declarant reserves to itself the power to appoint a majority of the members to the Committee until ninety percent (90%) of all the Condominiums in the Project, if any, have been sold or until the fifth anniversary of the issuance of the final Public Report, whichever occurs first. After one (1) year from the date of issuance of the original Public Report, Board shall have the power to appoint one (1) member to the Architectural Control Committee until ninety percent (90%) of all the Condominiums in the overall Project have been sold or until the fifth anniversary of the issuance of the final Public Report, whichever first occurs. Thereafter, the Board shall have the power to appoint all of the members of the Architectural Control Committee. Members appointed to the Architectural Control Committee need not be Members of the Association. A majority of the Architectural Control Committee may designate a representative to act for it. In the event of death or resignation of any member of the Committee, the successor shall be appointed by the person, entity or group which appointed such member until Declarant no longer has the right to appoint any member to the Committee, and thereafter the Board shall appoint such a successor. Neither the members of the Committee nor its designated representatives shall be entitled to any compensation for services performed pursuant to this Declaration. I. In the event the Committee fails to approve or disapprove plans and specifications in writing within thirty (30) days after the same have been submitted to it, approval will not be required and the related covenants shall be deemed to have been fully complied with. Approval of plans by the Committee or the Board shall in no way make the Committee or its members or the Board or its members responsible for or liable for the Improvements built after approval of the plans, and the Owner whose plans are approved shall defend, indemnify and hold the Committee, the Board, the Association, and its members harmless from any and all liability arising out of such approval. The Committee shall meet as necessary to perform its duties. The Committee may, by resolution. unanimously adopted in writing, designate a Committee Representative (who may be a licensed architect or other professional consultant retained by the Committee) to review Applications and recommend action to be taken by the Committee or to take any other action or perform any other duties for and on behalf of the Committee except the granting of variances. In the absence of such designation, the vote or written consent 10/4106 39 T:\WPWIN60\PROJECTS\CROSSROADS\DEC 10.04.06.DOC / ( Board or to the rc it t r l tr l o it f r l t lit f ork anship and design andharmony of external i it i i str t t l ti i r l tion to surrounding structures,topograp y, fi i , it t t sign uidelines. E. o per issi or a r l s ll r ir to repaint i r ce ith eclarant'soriginal color sche , r t reb il in accor i l t' ri i l lans and specifications. Nopermission or approv l ll b r i t r i t i it l r sche e previously approvedby the Board or the itt , or to rebuild in r it l cifications previously approvedby the Board or by the itt . Nothing contained in this paragraph shall be construed to li it the right ofa r t p i~t t i t i i r r it l r esired. F. In or r t ai t i n i tr e l l t its, and to co ply withapplicable building standards, fl or covering materials that are replaced shall be replaced only with materials f l r tt t i i ific tions. G. No landscapi shall be made or added to any Patios i r i i l fro the streetor from the Co on r til ifi ti s i t e nature, kind. shape andlocation of the at ri ls ll b itt d r ed i riting by the Board or by an r it t ral a i t by t oard. ( H. The rc it t ral l itt ll i t f t r e ( ) e bers. eclarantmay appoint all of the ori i l f t ll l t til the first anniversary ofthe issuance of the ri i l fi l t. The Declar t reser t itself the power to appoint amajority of the e bers t t i until i t ( ) f ll t do iniu s in the Project,if any, have been sold r until the fifth anniver f t iss of t fi l Public eport, whicheveroccurs first. After one (1) year fro the date of is f t i i l lic eport, Board shall have thepower to appoint o ( ) t t r i tr l o itt until ninety percent (90%) of all theCondominiu s in the ov r ll roj t have been sold r i i r ry f the issuance of the finalPublic Report, hic ever fir t rs. r after, t e ard ll e t e po er to appoint all of themembers of the rchit ctural trol mitte . Members a point to the Architectural ControlCommittee need not b r f t A ajority of th r it t ral ontrol Co mittee maydesignate a repres t ti to act for it. In the event of death or resignation of any e ber of the Committee,the successor shall b a i t d b th per e gr whi ap inted such ember untilDeclarant no longer h s t rig t t ap i t a itt , thereafter the Board shallappoint such a success r. Neither the members of t n r it i ated representatives shallbe entitled t ti n f r t t this eclaration. I. In the ev t t i r i r l d specifications inwriting within thirty ( ) ft t i t it, r val ill not be required and therelated covenants shall to have been f ll it . Approval of plans by the Committee orthe Board shall in no y t t r r its e bers responsible foror liable for the I r t b ilt after ap r t l , th 'M1er hose plans are approvedshall defend, inde if hold the Commi tee, the Board, the ss i ti , nd its e bers harmless from li i r l. The Co ittee s ll t f r ti s. Co ittee ay, by resolutiofl.unanimously adopted in riti , i t a o itt epr s t ti (who may be a licensed architect orother professional consultant retained by the Commi tee) to revie li ti s and reco end action to betaken by the o itt r t t t r ti s for and on behalf oftheCommittee except the r ti of ri In the absence of such designation, the vote or written consent /06 :\ I \ JECTS\CROS \DEC . . 6. of a majority of the Committee constitutes an act of the Committee. All approvals issued by the Committee must be in writing. Verbal approvals issued by the Committee, any individual Committee member or any other representative of the Association are not valid, are not binding on the Association and may not be relied on by any Person. In reviewing and approving or disapproving a proposed alteration, modification or Improvements to a Unit, the Board or Architectural Committee shall satisfy the following requirements in accordance with California Civil Code section 1378: (1) The Board or Architectural Committee in the Design Guidelines shall provide a fair, reasonable, and expeditious procedure for making its decision. The procedure shall provide for prompt deadlines. The procedure shall state the maximum time for response to an application or a request for reconsideration by the Board of Directors. (2) A decision on a proposed change shall be made in good faith any may not be unreasonable, arbitrary, or capricious. (3) A decision on a proposed change shall be consistent with any governing provision of law, including, but not limited to, the Fair Employment and Housing Act (Part 2.8, commencing with Section 12900) of Division 3 of Title 2 of the Government Code. (4) A decision on a proposed change shall be in writing. If a proposed change is disapproved, the written decision shall include both an explanation of why the proposed change is disapproved and a description of the procedure for reconsideration of the decision by the Board of Directors. (5) If a proposed change is disapproved, the applicant is entitled to reconsideration by the Board of Directors that made the decision at an open meeting of the Board. This paragraph does not require reconsideration of a decision that is made by the Board or a body that has the same membership as the Board, at a meeting that satisfies the requirements of California Civil Code section 1363.05. Reconsideration by the Board does not constitute dispute resolution within the meaning of California Civil Code section 1363.820. J. Governmental Approvals: All alterations, modifications, or other Improvements on or within the Project shall comply with all design requirements, approvals and procedures of the City. Before commencement of any alteration or Improvements approved by the Architectural Review Committee or Board, the Owner shall comply with all appropriate governmental laws and regulations. Approval by the Committee or Board does not satisfy the appropriate approvals that may be required by any governmental entity with appropriate jurisdiction. K. Completion of Work; Review of Work: Upon approval of the Committee or Board, the Owner shall diligently proceed with the commencement and completion of all work so approved by the Committee in compliance with the approvals granted. The work must be commenced within six months from the date of approval unless the Committee or Board permits the work to be commenced at a later time. If the work is not commenced within six months after the approval date, or such later time as the Committee or Board has granted, then the approval shall be deemed cancelled, and the Owner must reapply to the Committee or Board before undertaking any such work. The Committee or Board shall inspect work within sixty days after a notice of completion has been delivered to the Committee or Board by the Owner. The Committee or Board may also inspect the 10/4/06 40 TAWPWIN601PROJECTS\CROSSROADS\DEC 10.04.06.000 (. ( ( . of a ajority f t itt it ee. ll r l iss ed by the o ittee ust be in riti . Verbal a provals i sued by the Co itt any indivi l ittee e ber or any other repres t tive f t i i t ci tion and ay not be . In revie i ap r i or disa r i a propos alteration, odification or I prove ents to a Unit, the Bo r or Archit t l Com itt s sati t foll i re ir ts in accordance with r ia l : ( ) r it t r l i i li ll r vide a fair, reason l , ex iti procedur f r i it i The procedur shall provide for pro pt deadlines. The procedur shall state the maxi ti f r t lic tion or a request for i r tion t r f ir t . ( ) i i i f it y not be ble, . (3) i i n pro c s be con i t t it any governing provision of l , i l i , but not li it t t i t ( art 2.8, co encing it ti 12 f ivi i f i t . ( ) i i e l riting. If r c nge is disapproved. t ritten i ion l i e t l tion f t proposed change isdisapproved and a descripti of the procedure for reconsideration of the decision by t oard of irectors. ( ) If r i t li t i i l t r i r ti n by the oar f ir t r t t i ti f t e oard. is paragraph does not require rec si r ti of a decision that is ade by t r t t t sa e e bership as the Board, at a m eting that satisfies the requireme of Califor i Civil Code section 1363.05. Reconsideration by t Board doe not co tit dis t IBsoluti it i t i f alifornia Civil ti n . J. ov r ental r vals: i i , t r I rove entson or within the roject s ll l it ll ir ents, r als r dures f the ity. Beforeco encement f a alter ti or Improv t r it t r l vi o ittee or Board. the n r ll c l i l i t rn ental l d r ulations. pproval by the Co ittee or r not satisf th t t r ir y ny govern ental ri te i ti n. . letion f ; rk: l t itt r oard. the ner shall ili tl pr it t t l ti f ll r s approved by the Co ittee in co li with the approvals granted. The work must be co it i six onths fro the date of r l unless the Commi tee or Board permits the work to be c d at a later ti e. If thework is not co it i si l l t r ti s t e o ittee or Board has grant " t the appr s b d c , t Wn r st reapply to the itt r b f un rt r . The o itt r o r s ll i t ti f c pletion has been deliver t t i r r. Th Co itt r r ay also inspect the :\ PWIN60\PROJECTS\CROSSROADSIDEC 10.04.06.0 C work at any time prior to completion as it deems appropriate to determine that the Committee or Board approval is being followed. The Committee or Board is to inspect the work performed, and determine whether it was performed and completed in compliance of the approval granted in all material respects. If at any time during the construction of any work, the Committee or Board finds that the work was not performed or completed in compliance of the approval granted in all material respects, or if the Committee or Board finds that the appropriate approval which was required for any work was not obtained, the Committee or Board shall notify the Owner in writing of the non-compliance. The notice shall specify in writing the particulars of non-compliance, and shall set forth the requirement of the Owner to remedy the non- compliance. The Committee or Board shall determine in its reasonable judgment whether an alteration, modification or Improvement complies with the approval as granted in material respects. Minor changes, deviations or imperfections that do not negatively affect or impact the Project shall not be considered as non- compliance. The Board shall act under this Section 7.9 only if the Board has undertaken the architectural review functions under this Article. If the Committee or the Board has determined an Owner has not constructed an Improvement in compliance of the approval granted in all material respects, and if the Owner fails to remedy such non- compliance in accordance with provisions of the notice of non-compliance, then after expiration of thirty (30) days from the date of such notification, if the Committee has undertaken the architectural review functions under this Article, the Committee shall notify the Board, and the Board shall provide Notice and Hearing to consider the Owner's continuing non-compliance. If the Board has undertaken the architectural review functions under this Article, the Board shall act after expiration of 30 days from the date of such notification. At the Hearing, if the Board finds that there is no valid reason for the continuing non-compliance, the Board shall then require the Owner to remedy the non-compliance as necessary and appropriate in the determination of the Board as to result in the Improvement being rendered as reasonably in compliance as is appropriate for the overall good and benefit of the Project, or remove the same within a period of not more than forty-five (45) days from the date of the Board's determination. If the Owner does not comply with the Board's ruling within such period, or within any extension of such period as the Board, in its discretion may grant, the Board may (1) remove the non-complying Improvement, (2) remedy the non-compliance, or (3) institute legal proceedings to enforce compliance or completion. After ninety percent (90%) of the Units in the Project have been sold by the Declarant, an Owner who has submitted an application to the Committee may appeal a decision to deny or conditionally approve the Owner's application to the Board by written appeal to the Board. The Board shall notify the appealing Owner in writing of the date set for a hearing regarding the Owner's appeal within ten (10) days after receipt of the Owner's appeal. The hearing shall be held within thirty (30) days after receipt of the Owner's appeal by the Board. The Board shall make its determination on the appeal in writing delivered to the appealing Owner within ten (10) days after the hearing. The determination of the Board shall be final. L. Mechanics' Liens: No Owner may cause or permit any mechanics' lien to be filed against the Common Area or another Owner's Condominium for labor or materials alleged to have been furnished or delivered to the Owner. Any Owner who permits a mechanics' lien to be so filed shall cause the lien to be discharged within five (5) days after notice to the Owner from the Board. If the Owner fails to remove such mechanics' lien, the Board may discharge the lien and levy a Special Assessment against the violating Owner's Condominium to recover the cost of discharge. M. No Waiver of Future Approvals: The Committee's approval of any proposals, plans and specifications or drawings for any work done or proposed in connection with any matter requiring the Committee's approval does not waive the right to withhold approval of any similar proposals, plans and specifications, drawings or matters subsequently or additionally submitted for approval. 10/4/06 41 TAWPWIN601PROJECTS\CROSSROADSTEC 10.04.06.DOC r t ti prior to co l as it dee appr t t i t t t ittee or oard r val i i f ll . The Commi te or Board is to inspect the work perfor , and deter ine t r it f l in li of t l t i ll t ri l r s cts. If at ti i t t i of a y r , t itt r r fi t t t r s not perfor ed r l t in co li of th ap r r in ll i l t , r if t ittee or oard fi t t t appr i appr i req ir f r t t i , t ittee or r ll i t i t no · pliance. Th noti sh ll sp cify in riting the rti ulars f pliance. nd l t t r i ent f t r t re edy the non- li ce. Bo r s ll d t i its re l j t t r an alteration, ifi ti r I r l t d i t rial r spects. i r changes. i ti or i perfections that do not negatively affect or impact the Project s ll t i r as non- c li ce. The Board sha l act u rt t rc itectural ti s If t itt r t r s t r i an ner t t t I r t i li nce f t a i ll r . if t r f il t re dy such non- c li in accor with provisions of the notice of non-c li then after expiration of t irty (30) fr t t f ti if t t it t r l r i f nctions r t i ti l t i s ll notif t t ll r i tic nd earing to c i er t ' i i pliance. If the Board has undert the archit t r l revie f ti r this Articl , the Board sh l act aft r ir ti f f t t f tification. t t ri , if t fi t i tinuing - liance, t e oard s ll t req i the Owner to remedy the non-co ce ne ry ap r riate in the t r i ti of the Board as to result in the Improvement being rendered as r l in li ce as is r ri t f r t ov r ll g a ben fit of the Proj t, or r t it i ri f ot ore t f rt -fi ( ) ' i ti . If t r not co ply ith the r ' r li it i suc period, or it i f i t r . i its discretion ay r t, t r (1) re t n - I r t - li ce, or (3) i i l pro t f l ti . ft r i t perc t (90 ) of t nits in t roj ct l t l r t, n ner itt an appli ti to th itt ay i i t r iti lly approve t r' li ti to th Boar . r ll n tif t pealing r i riti f t t t f ' l it i t ( ) ft r receipt f t r' l The hearing shall be held within thirty (30) ft i t f t r's appeal t r . The Board shall make its deter i on the a l i iti li r t t pealing r it i t ( . The det r i i f t r ll fi l. L. ics' i s: i 'lien t fil i t t r or i t ri l ll t ve been f r i r li to the ner. Any Owner who permits a mechanics' lien to be so filed shall cause the li t i d i i er fro the oard. If t r fails to r c i ' lien, the Board y i t li l i l t inst the i l i t rec t f i r . . i rovals: ' l f r l , l ifi ti or dra i for any r d or pro i ti it tt r r iring the ittee's l t ri t it l i il r pr ls, lans and ifi ti s, dr i r tt l ll itt f r r l. :\ PWIN60\PRQJ TS\CROS RQADS\DEC 10. . . C N. Variances: The Committee may authorize variances from compliance with any of the architectural provisions of Declaration or the Design Guidelines, including restrictions on height, size, floor area or placement of structure, or similar restrictions, when circumstances such as hardship, aesthetic or environmental consideration require. Such variances must be evidenced in writing, must be signed by a majority of the Committee, and become effective on recordation. After Declarant's right to appoint a majority of the Committee's members expires, the Board must approve any variance recommended by the Committee before any such variance becomes effective. If variances are granted, no violation of the covenants, conditions and restrictions in this Declaration shall be deemed to have occurred with respect to the matter for which the variances were granted. The granting of a variance does not waive any of the provisions of this Declaration for any purpose except as to the particular property and particular provisions of this Declaration covered by the variance, nor does it affect the Owner's obligation to comply with all laws affecting the use of his Condominium. The Committee's written variance shall be recorded against applicant's Condominium in the Official Records. The cost of recording the variance shall be borne solely by the applicant. 7.10. Structural Integrity: Nothing may be done in any Condominium or in, on or to the Common Area that may impair the structural integrity (including the water seal) of any Building, or that may alter the plumbing, electricity or natural gas facilities serving any other Condominium, except as otherwise expressly provided in this Declaration. No Owner may pierce, remove or otherwise modify any wall, ceiling or floor separating the Unit from another Unit or from Common Area (except as approved by the Committee), nor install any wall or ceiling-mounted loudspeakers or other noise-generating devices. The Board may adopt a Rule that restricts the hours of operation or otherwise restricts the use of jacuzzi-type tubs in the Units. 7.11. Window Coverings: All drapes, curtains, shutters, blinds or other window coverings visible from the Common Areas or public streets adjoining the Project shall be beige, white, off-white or neutral toned in color or lined in beige, white, off-white or neutral tones. Other colors, materials and patterns may be used, provided they are approved by the Board or its delegated committee. No window shall ever be covered with paint or aluminum foil; provided, however, non-reflective solar films shall be allowed in accordance with the Rules. 7.12. Clothes Lines: There shall be no outside laundering or drying of clothes. No draping of towels, carpets, or laundry or other such items over exterior railings shall be allowed. 7.13. Power Equipment and Motor Vehicle Maintenance: No power equipment, hobby shops, or motor vehicle maintenance (other than emergency work) shall be permitted on the Project except with prior written approval of the Board. Approval shall not be unreasonably withheld, and in deciding whether to grant approval, the Board shall consider the effects of noise, air pollution, dirt or grease, fire hazard, interference with radio or television reception, and similar objections. All hazardous waste shall be disposed of properly by each Owner. 7.14. Liability of Owners for Damage to Common Area: The Owner of each Condominium shall be liable to the Association for all damage to the Common Area or Improvements to the extent described in Section 5.1.B. 7.15. Basketball Standards and Sports Apparatus: No basketball apparatus or fixed sport apparatus shall be attached to the exterior surface of any portion of the Common Area nor shall any portable apparatus be used for playing basketball or other sports in the Project unless approved by the Board. 10/4/06 42 TAWPWIN60\PROJECTSCROSSROADS \DEC 10.04.06,DOC ( ( \ ( N. Variances: it ee t orize ri nces liance ith any of the architectural provisi ns of l ration or t lines, i luding r strictions on height, size, floor area or place ent of str t re, o si r re tions, n i umstances c as hardship, aesthetic or environmental consid~ration r uire. Such vari s mu b e i nced i riting, .ust be signed by a majority of the o ittee, e eff on re tion. After Declar t' right to appoint a majority of the Co ittee's m bers ires, t Bo m t a rove a vari ce reco mended by the Committee before y ch riance comes f ective. If v i nces r ranted, no violation of the covenants, conditions a r t i tions in thi D r tion ll ed t ve occurred with respect to the atter for hich t riances re nted. Th gr ting f a v ri ce does not waive any of the provisions of this Declar tion for any pur exce as to th par i l r pr rty particular provisions of this Declaration cov red t i nce, n d it t t er's li ation to co ply with all lawsaffecting the use of his Con inium. The Commit 's writ vari ce s ll be recorded against applicant's Condo inium in th Offi Recor The cost of recordi the variance shall be borne solely by licant. 7.10. Structural Int rity: ing y ndominium r i , on or to the Common Area that ay i p ir t tr tural int rity (i ing t t r l) f ilding, or that ay alter the plumbing, electricity or t r l ilities i g t er ndominium, xcept as otherwise expressly provided in this cl ration. No Ow may pier re o ot r ise ify any all, ceiling or floor separating the Unit fro t er it or fr on ept roved y the o mittee), nor install any all or c iling-mounted l eakers or i -generating vices. The Board may adopt a Rule that restricts th h r f tion or ot ise r ricts f j cuzzi-type tubs in the Units. 7.11. Windo Cov rings: ll pes, rtains. ut ers, li ds t er indow coverings visible from the Co on Are s r p li str ts adj ing t j ct ll i , ite, off- hite or neutral toned in color or li d i beige, white, off-white or neutral tones. Other col rs, materials and patterns may be used, provided they ar r ved by th B or it ated c itte . o indow shall ever be covered ith paint or al inum f i ; pr i ed, h ver, n -reflective s l r fil s shall be allowed in ordance t s. 7.12. Clothes Lin s: ere s ll n ide ndering r rying f l thes. o draping of to els, c r ts, or l ry r it o t rior r ili gs shall be allowed. 7.13. Power Equip t and Motor Vehi le Mai tenance: r i ent, obby shops, or motor vehicle aintenance (ot r th e ncy l itted t roject except with prior written approval of the r . Appr l sha l not be unrea ly withh l , and in d ciding hether to grant approval, the Boar s ll ider t f ts n , ll tion. irt r rease, fire hazard, interference with radio or television r c ption, i ilar j ctions. rdous te ll e disposed of properly ch ner. 7.14. Liability of Owner for Damag to Co on a: r f h ondominium shall be liable to the ss ciation f r ll age t t on r a I rovements to the extent described in ction .8. 7.15. Basketball Stan rds and Spo s Ap ratus: etball aratus or fixed sport apparatus shall be att to th ext r surf of any porti of th n rea nor shall any portable apparatus be use for pl i g tball or ot s ts i t j ct l ss approved by the Board. /06 :\ PWIN60\PROJECTS\CROSSROADSIDEC . . 6. OC 7.16. Commonly Metered Utilities: The Board may establish restrictions regarding the individual use of any utility on a com►rion meter, and may impose reasonable charges for the individual use thereof. 7.17. Flags, Pennants, Banners, Etc.: There shall be no exhibiting, flying or hanging of any flags, pennants, banners, kites, towels, etc., from any area of the Project (except the Declarant's sales office) that would be visible from the street, Common Area, or the other Units, except in conformance with Rules adopted by the Board or the Architectural Control Committee, and for flags, banners and signs that are expressly permitted by statute. The Association may adopt Rules regarding the display of flags, banners and signs provided that such Rules shall be consistent with the then applicable laws. 7.18. Water Bed Restrictions: No water beds shall be permitted except in ground floor bedrooms. 7.19. Activities Causing Increase in Insurance Rates: Nothing shall be done or kept in any Unit or in any Improvements constructed in any Unit, or in the Common Area, which will increase any applicable rate of insurance or which will result in the cancellation of insurance on any Unit or any part of the Common Area, or which would be in violation of any law. 7.20, Common Area Use: Nothing shall be stored, grown, or displayed in the Common Area, including Balconies and Patios, that is not approved in advance by the Architectural Control Committee. 7.21. Storage Area Use: Storage Area shall be used only for the storage of personal property. In no event shall a Storage Area be used for the storage of any Hazardous Materials or any other noxious, toxic, or odorous substances. 7.22. Owner's Right and Obligation to Maintain and Repair A. Except for those portions of the Project which the Association is required to maintain and repair, each Condominium Owner shall, at his sole cost and expense, maintain and repair the Unit, keeping the same in good condition. Each Owner shall be responsible for and bear the cost of maintenance, repair and replacement of the following items within such Owner's Unit: interior surfaces of all perimeter and interior walls, ceilings and floors (including carpeting, tile, wall paper, paint or other covering); garbage disposals, hot water heaters, ranges, refrigerators, dishwashers, washing machines, dryers, light fixtures, smoke detectors, and any and all other appliances of any nature whatsoever; heating, ventilating and air conditioning equipment servicing such Unit (although such equipment may be located in part outside such Unit); exterior and interior door hardware, gaskets and seals, interior doors; cabinets, light bulbs; plumbing and other fixtures of any nature whatsoever; "built-in" features; and decorative features, fireplaces, if any, and any furniture and furnishings. Each Owner shall maintain, repair and replace any smoke detectors located in the Owner's Unit. In addition, each Owner shall be responsible for and bear the cost of maintenance, repair and replacement of the following items serving such Owner's Unit: entrance and stairway interior surfaces, windows, Patio landscaping. Each Owner shall keep the Exclusive Use Common Area appurtenant to the Owner's Condominium in a clean and neat condition at all times and shall maintain the landscaping in any such areas. B. Each Owner shall have the exclusive right to paint, plaster, panel, tile, wax, paper or otherwise refinish and decorate the inner surfaces of the walls, ceilings, floors, and doors bounding his Unit. 10/4/06 43 TAWPWIN601PROJECTS \CROSSROADS \DEC 10.04.06.DOC ( . . Co monl Metered Util ies: ~ i i r r i t i i i l f ili m t , r t i i i l t r f. . . Flags, Pe nants, Ban , .: ll i f fl , t , banners, kites, towels, etc., fr t l t' l ffi ) t t l i i l fr the street, Co or th oth Unit e in conf r it l t t Boar or the Arc it l , fl , r si t t r r l per itt by statute. The Association may adopt Rules regarding the displ y of fl , r i i t t such Rules sh ll be c i t li l l . . s. t r B Rest tions: b s b per e i gr fl r . . tivities i g I se i I nce ll be r t i it i any Improv c t d i th Co , i ill incr li l rate of insurance or which i l result in the c c l ti of insurance on any Unit or any part f t or i l b i i l . . . on t i l i t r , i l i l i and Patios, that is not approv i i t r l tr l itt . . . rage rage rea all d ly r t st r e of per l r rty. In sh ll a t t r ous t ri l r r s, toxi or odor subst . . Owner's Right and Oblig t to Mai in ir: . t i ti n i i t i t i r i , Con i sal c , i t i r ir t it, i t s in good condition. Each Owner shall be responsible for and bear the cost f i t , r ir r l of the fo lo in ite s it i such ner's Unit: interior surfaces of all ri t r i t i r ll , c ili and floor (incl c r , til i t ot r coveri ); r i l , h t t r heater , ran , refri di i , r r , li t fi t r , , a any an a l t f a n t r; ti , til ti ir iti i i servicing suc nit ( lt s i l t i rt t i it); t i interior do r h r l i t i i t , li t l ; l i fi t of any nature " i f t ti f t r , fir l , if y, f it a fur i . Each Owner shall maintain, repair a repl any s ok d t t r l ted i t r's In a ditio , eac Ow sh b re ible b r t t f i t ance, i r nt f l ing r ing uch ner's it: entr t ir i t i rf in , ti l Each Owner shall keep the Exclusive s to the Owner's i i in l t iti t ll ti ll i t i aping i a s r . i i l til , , r r t i refi i and decorate the inner surfaces of the wa ls, ceilings, floors, and doors bounding his it. :\ IN60\PROJECTS\CROS \DEC . . . C. Each Owner shall maintain the Improvements within his or her Unit in accordance with the Maintenance Guidelines established by the Declarant. A copy of the. Maintenance Guidelines shall be delivered by Declarant to each Owner when the Unit is sold to the Owner. Each Owner shall retain the Maintenance Guidelines and take all appropriate actions to comply with and implement the Maintenance Guidelines. When an Owner transfers a Unit, the Owner shall deliver a complete copy of the Maintenance Guidelines to the transferee of the Unit on or before the date the Unit is transferred. D. In order to reduce the presence of mold, fungi, spores, pollens and other botanical substances, or other allergens (collectively "Mold") within the Unit, the Owners shall inspect the interior of their Units not less frequently than once each quarter to check for water leaks or other breaches of the watertight integrity of the Improvements, and for the presence of Mold. If any water leaks and/or Mold are detected within the Unit, the Owner shall immediately take appropriate corrective steps to repair the leak, and/or remove the Mold and to maintain proper ventilation within enclosed areas, and to maintain humidity levels to reduce the risk of Mold growth, and take such other prudent steps as may be appropriate to prevent Mold growth, or eliminate any existing Mold. E. In the event the Owner fails to carry out such maintenance within said period, the Board may, following notice and hearing as provided in the Bylaws, cause such work to be done and the cost of the work shall immediately be paid by such Owner to the Association as a Reimbursement Charge, and until paid shall bear interest at the rate of twelve percent (12%) per annum (but no greater than the maximum rate authorized by law). F. In the event an Owner fails to maintain the interior of his Unit or the landscaping within his private Patio in a manner which the Board deems necessary to preserve the appearance and value of the Project, the Board may notify Owner of the work required and request it be done within sixty (60) days from the giving of such notice. 7.23. Fire Restrictions: No Owner or other resident of the Project may store any flammable materials on any Exclusive Use Common Area balcony. Further, no exterior fires of any kind, including those contained in barbecue grills, shall be permitted in any Unit or on any Exclusive Use Common Area balcony. 7.24. Water Supply System: No individual water supply, sewage disposal or water softener system is permitted in any Condominium unless such system is designed, located, constructed and equipped in accordance with the requirements, standards, and recommendations of any water district having jurisdiction, the City, the Committee and all othergovernmental authorities with jurisdiction. 7.25. Sound Attenuation: Each Owner or occupant of a Unit shall endeavor to minimize any noise transmission from such Unit, and shall adhere to any of the rules and regulations set forth in the Association Rules which are intended to minimize noise transmission. To minimize the noise transmission from a Unit, each Owner or occupant of a Unit (other than Declarant) shall adhere to the following: A. On demising walls (party walls) of Units acoustical sealant shall be packed around the point of penetration of all pictures and other decorative items hung from the wall that requires nailing or screwing. No holes or other penetrations shall be made in demising walls other than decorative items, without the permission of the Board. • • B. No audio, television, stereo, speakers or other audio/visual or media equipment shall be installed in, supported from or contact any demising wall without the permission of the Board. 10/4/06 44 TAWPWIN601PROJECTS\CROSSROADSOEC 10.04.06,DOC ( ( . r sh mai th I ents wit hi it i ccordance it t i tenance lines esta ed by the Decl t. A cop of the. aintenance idelines shall be livered clarant ch ner en e nit i old t t e ner. E er s all retain the intenance i elines a ta a l ap riate a s t c ly i i lement t intenance idelines. Wh an Own transf a Unit, the O sh d l r a c lete f t intenance idelines t t tr feree of th Uni on or b r t t U it is tr ferred. . I r t r ce t ence l , i, res, llens t er t nical s stances, or ot r all ens (col tively " ") in t U t \M1er ll i ect t i t rior of their its t l fr ently t o rter ck f ter ks t er r aches f t tertight i t grity I vements, sence l . If a t r l ks d/or old are tected it in t t, t r s i iately ropriate rr ctive t ps t repair the leak, /or r ve t l t tain pr r tilation in losed s, t intain idity l ls t r th ris of l gr , and ta su ot pru ste as ma r priate t revent ld th, inate ting l . . I t e t t r f t c s tenance ithin id ri d, t r , f ll ing noti and hearin as provid in the Byla caus suc r!<:t e and the cost f t rk ll i diately be pai by s r sociation i bursement harge, and til i ll b i t t at the rate of tw l per (12 per a ( t r ter t n t ximum t orized l ). . I t t f il t in th int f i i t l dscaping it in i ri te ti i er t B s ssary erve t pearance and value of t r j ct, t B n r of t r ired r st it it in i ty ( ) days ing f ch tice. .23. Fire Rest ictions: er er ident t ject y t re fl mable t rials o a E l i e Use Co Area balco Further, no exterior fire of i , i l ding those tained i cue gril sh l be per in a lusive mon rea balcony. . 4. Wat r Sup ly Sy tem: i ividual ter ply, age isposal r ter ftener s stem i p r itted in any Con inium un s s sy is desi ed, lo t d, co tructed and ipped in ance with the requir ts, stan , an rec ndations of a t r i trict aving j risdiction, t i itte a all r go ental a t rities it j risdiction. . 5. Sou nd At uation: r pant it ll eavor t i i ize y noise tr smis ion fr s Unit and sh l adh to a t r r l tions t f rt i t ssociation l s i h r i t ed t mi i e noi tr ission. ize i e tr smis ion fr nit, h er pant of a U (ot th rant) ll re t t f ll ing: . i ing (part l of tical l t ll ked r d t int f tration all pi r s a ot d rative it s t ll t t r ires iling or rewing. l s o r pe trations s l b in d i ing ll t r t rative ite s, ithout ission rd. . . io, t l ision, , kers r i /visual i ip ent ll i t lled i . s rted fr or c t a ising ll i out t r ission f t oard. 1 1 :\ PWI \PROJE TS\CROSSROADS\ EC 1 . .06 . C. Independent speakers for music reproduction and television shall be elevated from the floor by a proper acoustic platform. D. Noise from speakers must be kept at a reasonable level so as not to interfere with other Occupants' enjoyment of their Units. E. No modifications shall be made to any Unit which would result in a reduction in the minimum impact insulation class of the Unit. F. In all Units above the first floor, pianos shall have at least 1/2-inch neoprene pads under the supports to minimize vibration transmission into the structure. G. In all Units above the first floor, resilient pads must be placed under all washing machines, dishwashers and clothes dryers in order to minimize transmitting vibration to other Units. H. In all Units above the first floor, all furniture shall contain rubber castors or felt padS. I. To maximize the sound insulation capabilities of each Unit, there shall be no hard surface or wood flooring installed in any Unit above the first floor except: (i) such surfaces installed by Declarant, if any, in connection with any construction or interior decorating of a Unit, or (ii) such surfaces that comply with the flooring specification provisions of Section 7.26 hereafter. J. Such other specific instructions as may be contained within anyAssociation Rules or Design Guidelines respecting sound, noise, vibrations and the production and mitigation thereof. 7.26. Flooring Specifications: The Owner of any Unit wishing to install a hard surface floor must submit to the Board the following: A. A construction drawing clearly indicating the type of flooring to be installed and the underlayment to be provided to mitigate against impact noises such as footfalls (footsteps). The drawing must clearly identify all materials, their composition and thickness, as well as the location of adjacent cabinets, doors, entranceways, etc. B. A test report from a qualified acoustical testing laboratory clearly showing that the Impact Isolation Class of the construction selected has a minimum rating of fifty (50). C. A copy of the installation instructions from the resilient floor underlayment manufacturer. D. The name, qualifications, and experience of the contractor who will install the hard surface flooring and resilient underlayment with a listing of his experience in the installation of floors utilizing impact insulation materials. E. The name of the proposed individual(s) who will oversee the installation in order to verify that the installation is in accordance with the flooring manufacturer's requirements. 10/4/06 45 T•\WPWIN601PROJECTS\CROSSROADS\DEC 10.04.06.00C ( . I t speakers for usic reproduction and television shall be l t fr t e ti r . . i f l l l t t i t rf r it t ' t i it . . i i ti s s ll t l lt i r ti i t i in l l fthe it. . I ll i t fir fl i l t / -i r s t s to ini i i tr i i i t t tr t r . . I ll i t fl r t l r ll s ing i es, i ers a cl dry in or t i t itting i r ti t t r nits. . I ll i t fi fl a l fur sha l cont i rubber cast r or f lt s. I. i ize d lation abil t es h it, t re ll r rf ce or w fl i g in l d in any Uni ab t fir flo ex t: (i) su surfaces i st ll l t, if a i c i it a tion i i r rating f it, or (ii) rf th t c l t fl i i f ti . r ft r. . t i i contained within any As ociation l r i i lines cting , n i vi r an th prod ti and mitig ti thereof. . . Fl orin Spe ications: r f it ishing t i tall r rface floor t t Bo r i : . tr tion i ti g t t f flooring to be installed t rlayment t p i ed t it t a t i t s f tf lls (f tst ps). he r ing t l l i if i ls, t c ition t i ss, ll t l c tion of t ys, t . . t t r fr q li t l l rl i t t t I t I l i l ti i i r ti f fifty ( ). . f cturer. y f t inst tion instr ti ns fro the resilie fl or underlay t ( \ . , li i i , tr tor o ill install t r s rf ce fl ri g a re ili u ent it a li t f hi e i ce i t i t ll ti n f floors i i i l . . e f osed ividual{s) o il erse t i stallation i r r t rif th t th inst ti n is in a cord with the fl orin manufact r r' requirements. / 6 '\ PWIN601PROJECTS\CROSSROADS\ EC 10.04.06.DOC F. No construction shall be permitted until this information is submitted to and approved by the Board unless the Board determines in their prudent judgment that the requirement should be waived. Submission of these materials to the Board shall be for the purpose of documenting the location and design of any hard surface flooring within the Project and to insure that such flooring is installed in a professional manner and with reference to appropriate standards. Installation of any hard surface flooring without compliance with each of the requirements set forth in (a) - (e) above shall constitute a violation of this Declaration, and subject the violating Owner to all remedies provided herein or by applicable law for such violation, including, without limitation, the levy of fines by the Association until such violation is removed from the Unit. G. In addition, and notwithstanding any Owner's compliance with the requirements of (a) - (e) above, if, following installation of any such hard surface floor, the Owner of the Unit located beneath such installation lodges a complaint with the Board concerning the sound impact of such flooring on the complaining Owner's Unit, the Owner installing such hard surface flooring shall, upon notice from the Board, cover at least eighty percent (80%) of the hard surface flooring within such Owner's Unit with carpeting in order to mitigate the impact to the complaining Owner, and the failure of the Owner notified by the Board to comply with the Board's requirement within sixty (60) days after receipt of that notice shall constitute a violation of this Declaration and subject the violating Owner to all remedies provided by this Declaration or applicable law. 7.27. View Obstructions: Each Owner acknowledges that: (a) there are no protected views in the Property, and no Condominium is assured the existence or unobstructed continuation of any particular view; and (b) any construction, landscaping (including the growth of landscaping), or other installation of Improvements by Declarant, other Owners or Owners of other property in the vicinity of the Property may impair the view from any Condominium, and the Owners consent to such view impairment. 7.28. Rights of Disabled: Subject to Section 7.9, each Owner may modify his Unit and the route over the Common Area leading to the front door of his Unit, at his sole expense, to facilitate access to his Unit by persons who are blind, visually impaired, deaf or physically disabled, or to alter conditions which could be hazardous to such persons in accordance with California Civil Code § 1360 or any other applicable law. 7.29. Smoking Restrictions: Smoking shall not be permitted in any indoor (enclosed) portion of the Common Area, at anytime, including any hallways or elevators, provided that smoking is permitted within Exclusive Use Common Area balconies, decks, or patios. 7.30. Moving In/Out and Contractor Rules: The Board may adopt Rules regulating the moving of property in and out of a Condominium and means of ingress and egress to and from the Condominium. The Rules may include, but are not limited to, Rules regarding the times during which moving in or out may occur, coordination of two or more moves occurring within the same time period, protection for the elevator cabs, disposal of moving boxes, and the posting of collateral or security to pay for damage to the Common Area. In addition, the Board may adopt Rules regulating any construction work performed within a Unit, including remodeling or upgrading. The Rules may include, but are not limited to, Rules regarding construction times, protection for the elevator cabs, disposal and storage of construction materials and equipment, construction access routes, and the posting of collateral or security to payfor any damage to the Common Area. 10/4/06 46 TAWPWIN601PROJECTS \CROSSROADS \DEC 10.04.06.DOC ( ( . nstruction s l be per tted until this informat i submitted t r t r ines t ir r dent judgment that the requirement ould i ed. is ion f se aterials to e ard all f r t pur se of enting th l i a d of a fl i i t j t t i r t t h fl ing is inst in a professi l mann and with refere to a pro ri t standards. I t ll tion f f ce i t li nce t ir ents t f rt i ( ) - (e) abo shall constit a violati of this Declar , and subj t th vi l ti r t ll r i pr i herein or by applic l law for such viol ti includi wit t li it ti , t l vy f i by t Ass until such violation is re f t it. . I ad ition, an notwi standing y O er's co pliance ith t r ire ents of (a) - ( , if, f l i i tion of a s r rf fl r, t ner of t it l b t s inst ti n lo a c l int it t B r rning t sound i ct of suc floori on the complai Ow Uni th Ow inst lli s h r s rf c fl ring ll, u n fr th Boar c t le ei p t ( ) f t h r surface fl ring i i s r's i c ting i r t iti t th i t t th co laining er, t f il re t r ified c l it t r 's r ir ent it in i t ) s fter eipt f at tice all nstitute i lation f t i laration j ct the violatin Owner to all remedies provided by this Declaration or applic l l . . . View Obst ctions: l that: (a) t r r t t i i t r rt , no on i i is assured the existence or unobstructed continuation of any rti l r vi ; (b) any constr i , lan i g (i i g th lan i g), r t r i t ll tion f I r ts l t r t pr i t i i it f t r rty y i i t i fr i , a t v..ners t t s vi i ir t. . . Rights of Di led: if i it t r t r t Are lea i to the front door of his it, t i l , t f ilit t t is it r r bli , vis l i p ir p i i l , t lt r iti ich l to s perso s in accordance with alifomi Civil Code §1360 or t r lic l . . . Smoki Rest tions: i i r ( l ) rti f t Area, at anyti e, including any hallways or elevators, provided that s oking is r itt it i r b l i . . . Moving InlOut and Cont tor : t l r l ti t vi f r t i f i t fr t iniu . l ay inclu , but are not li ite t , l t ti ri i i i r out ay r, r i ti f t r r i i ti i , r t ti f r t l v t r , i l of i box , and the posti f c ll t r it t f r t t o on r . In a dition, the Board may adopt Rules regulati any constr i r p rf r it i it, i l ding r deling r rading. Th Rule ma incl but are not limited to, Rules regar i tr ction i , i t el i l st r f co tr ti t rials and i t c tr ti access routes, and the posting of co lat r l or security to p y for any ge to the /4/06 :\ IN60\PROJECTS\CROSSROADS\OEC . . DOC ARTICLE VIII. INSURANCE; DAMAGE OR DESTRUCTION; CONDEMNATION 8.1 Insurance: The Association shall obtain and maintain the fallowing insurance: A. Policies: (1) a master hazard policy insuring all Improvements, equipment and fixtures in the Project including those portions of the Units consisting of all fixtures, installations or additions comprising a part of the Condominium Building(s) housing the Units and all built-in or set-in appliances, cabinets and floor coverings, in the amount designated by Declarant as the original replacement cost thereof based on the standard package of appliances, cabinets and floor coverings offered to all Owners before the Close of Escrow) with policy limits of either: [a] full replacement value of the covered Improvements or [b] no less than 80% of replacement cost of the covered Improvements, excluding foundations and footings in either instances, unless otherwise required by FNMA or FHLMC requirements as set forth in subparagraph 8.1B, below. The following endorsements should be included in any such master hazard policy, if commercially reasonable to obtain: (a) changes in building codes ("ordinance or law endorsement"); (b) inflation guard coverage; (c) demolition coverage; (d) "agreed-amount" endorsement (to eliminate a coinsurance problem); (e) replacement cost endorsement; and (f) primary coverage endorsement. (2) an occurrence version comprehensive general liability policy insuring the Association, its agents, the Owners and their respective family members, against liability incident to the ownership or use of the Common Area or any other Association owned or maintained real or personal property. The amount of general liability insurance that the Association shall carry at all times shall be not less than the minimum amounts required by California Civil Code §1365.7 and § 1365.9; (3) workers' compensation insurance (statutory limits) to the extent required by law (or such greater amount as the Board deems necessary). The Association shall obtain a Certificate of Insurance naming it as an additional insured in regard to workers' compensation claims from any independent contractor who performs any service for the Association, if the receipt of such a certificate is practicable, and employer's liability insurance with limits of not less than $1,000,000 bodily injury by accident (each accident), $1,000,000 bodily injury by disease (policy limit) and $1,000,000 bodily injury by disease (each employee). Such policy or policies shall include a waiver of subrogation in favor of the Association and the Declarant; (4) fidelity bonds or insurance covering officers, directors, and employees that have access to any Association funds; (5) flood insurance if the Project is located in an area designated by an appropriate governmental agency as a special flood hazard area; •• (6) directors and officers liability insurance covering all past, present and future directors and officers of the Association, the amount of which shall at all times not be less than the minimum amounts required by California Civil Code §§ 1365.7 and 1365.9, as amended from time to time, including any successor statutes; 47 10/4/06 T:\WPWIN601PROJECTS\CROSSROADS\DEC 10.04.06.DOC · I E III. INS I ; TION rance: i ti bl owing i : li i s: i t , i ent i cl i those portions of the Units consisting of all fixtures, i t ll ti t Con Building(s) housing the Units a a l b ilt i ~in li s, in the amount designated by Declarant as the original replace ent t t b s rd of appli cabi fl c rs r it policy limits of either: [a] full replacement value of the covered I prove ents or [b] l repl nt cost of the covered Improve , ex l tions i gs u l other i required by F r r t ragraph S The following endorsements should be included in any such ast r if i ll ble i : i rse ent"); i i ; t" r l t t; (f) r t. e i ensive ral ility i i tion, it the Owner and their res f il , t it i t rship of the Com o Are or any oth r Ass i d r p r l . The amount of general liab lity insurance that the Associ ti s ll ll ti t t i i amounts required by i . . ; ti insurance (statutory li its) t t t t r uired t a th Bo ary). Th As i l i t I rance ing i as an a dition insur in regar to worker ' co tion cl f a t who perfor any s r i f t , i and employer's liab lity insurance with limits of not le s than $1,000,000 bodily injury $1,0 , bodily injury by i (poli li it) i j ). Such policy or policies sha l includ a waiv r f i i ti n t; i r , t rs, i f S; d rance if e ject l ted ar de ted i t t l agenc as a s i fl Ii il "'insuranc i , ffi r of the Association, the amount of which sha l at l i t t r i by Califor i Civil od §§ 136 . a 13 . , i sor t tes; ; IN60\PROJECTS\CROSSROADS\ EC . C (7) insurance against water damage, and liability for non-owned and hired automobiles, such other insurance as the Board in its discretion considers necessary or advisable; and (8) earthquake insurance to the extent required by law, and if not required by law, then to the extent available at commercially reasonable rates in the opinion of the Board. B. Amount, Term and Coverage. The amount, term and coverage of any policy required hereunder (including the type of endorsements, the amount of the deductible, the named insureds, the loss payees, standard mortgage clauses, notices of changes or cancellations, and the insurance company rating) shall satisfy the minimum requirements imposed for this type of project by the Federal National Mortgage Association ("FNMA") and the Federal Home Loan Mortgage Corporation ("FHLMC") or any successor to either of those entities (except for earthquake insurance, the purchase of which shall be within the discretion of the Board, as provided in section 8.1A(8) above). If the FNMA or FHLMC requirements conflict, the more stringent requirement shall be met. If FNMA and FHLMC do not impose requirements on any policy required hereunder, the term, amount and coverage of such policy shall be no less than that which is customary for similar policies on similar projects in the area. The Board shall adopt a policy regarding payment of deductibles on any insurance coverage. Unless the Board determines otherwise, the Association shall pay deductibles required under any insurance claims from Association funds, unless insufficient funds are available to the Association from the Association's accounts or from funds borrowed by the Association in accordance with this Declaration, in which event the Association shall levy a Special Assessment, in accordance with sections 4.3B and 4.4 of this Declaration, with respect to the amount of any such deductible which exceeds funds available to the Association from Association funds or from borrowing. C. Representation for Claims. Each Owner appoints the Association or any insurance trustee designated by the Association to act on behalf of the Owners in connection with all insurance matters arising from any insurance policy maintained by the Association, including without limitation, representing the Owners in any proceeding, negotiation, settlement or agreement. D. Waiver of Subrogation. Any insurance maintained by the Association shall contain "waiver of subrogation" as to the Association and its officers, directors and Members, the Owners and occupants of the Condominiums and Mortgagees, and, if obtainable, a cross-liability or severability of interest endorsement insuring each insured against liability to each other insured. All individually owned insurance shall contain a waiver of subrogation as to the Association and its officers, directors and Members, the Owners and occupants of the Condominiums and Mortgagees, and all Members are deemed to have waived subrogation rights as to the Association and/or other Members, whether or not their policies so provide. A. Review of Policies. The Association shall periodically (and not less than annually) review all insurance policies maintained by the Association to determine the adequacy of the coverage and to adjust the policies accordingly. B. Separate Insurance Limitations. No Owner shall separately insure his Condominium against loss by fire or other casualty covered by any insurance carried by the Association. If any Owner violates this provision, any diminution in insurance proceeds otherwise payable under the Association's policies that results from the existence of such other insurance will be chargeable to the Owner who acquired other insurance. The insurance maintained by the Association does not cover the personal property in the Units and does not cover personal liability for damages or injuries occurring in the Units. Each 10/4/06 48 TAWPWIN60\PROJECTSCROSSROADS\DEC 10.04.06.DOC ( ( (7) insurance i st r e, li ilit f r non-o ned and hiredautomobiles, such other insur as the Board in its discr ti i rs necessary or advisable; and (8) earthquak insurance to the extent required by law, and if not required by law,then to the ext t av il l t ll r l r t i the opinion of the Board. B. A ount, r age. t, c v rage of any policyrequired hereunder (including the type of endorse t , the a ou t of the deductible, the named insureds,the loss payees, stand r ort cl noti f ch or cancellations, and the insurancecompany rating) sh ll s ti f t i i re i t i f r this type of project by the FederalNational Mortgage Associ ti ("F ") and the l rtgage orporation ("FHLMC") orany successor to either of t ti i (exc t f r rt i r c , the purchase of which shall bewithin the discretion f t , pr d i i n . A(8) above). If the FNMA or FHLMCrequire ents co fli t, t t t ll t. If FN A and FHLMC do not imposerequirements on any policy re ir her the ter , t verage of such policy shall be noless than that which is c st r f i poli i i il j t i t e area. The Board shall adopt apolicy regarding pay nt f tibles i ce erage. Unless the Board determinesotherwise, the Associati ll p de re i r i surance clai s from Associationfunds, unless insuffici t f ar av il to the Ass i ti fr the ssociation's accounts or fromfunds borrowed by the ss ci ti i it t i l ti , i ich event the Association shalllevy a Special Assess t, in with sections 4.3B and 4.4 of t is eclaration, with respect to theamount of any such ded cti l i f il l t t ciation fro Association funds or ing. C. Representation f r l i s. t i ti n or any insurancetrustee designated by the Association to act on behalf of the Owners in c ction ith all insurance mattersarising from any insurance policy maintained by the Association, i l i ithout li itation, representing theners i r settl t or ree ent. D. aiver of brogation. t s ciation shall contain" iver of subrogation" as t th Ass i an its o fic r dir t r Me bers, the Owners andoccupants of the Condo i i Mort , if o t i l , cross-liability or severability ofinterest endors t insurin ins r ag i t liabilit t ach other insured. All individually o i r ll f r ti as to the Association andits officers, directors an r , t f t o iniu s and Mortgagees, andall Members are dee ed t ha i subr ti rig t t t ciation and/or other Members, t r t t i li i . A. Revie of licies. i i ll ( not less than annually)review all insurance polici i t i by t i ti t t r i t e adequacy of the coverage andt t polici acc r i l . S. Separate I rance Li i ions. O r sh ll separately insure hisCondominiu~ against loss fir i surance carried by the Association. Ifany Owner violates this provi i , a di i in insur pr s otherwise payable under theAssociation's policies that results from the existence of such other insurance ill be chargeable to the Ownerwho acquired other ins r . The insuranc maintained by t i tion does not cover the personalproperty in the Units and d s not c v r personal liab lity for da ages or injuries occurring in the Units. Each :\ PWINSo\PROJECTS\CROSSROADS\DEC 10.04.06.DOC Owner shall insure his personal property and any Improvements within the Unit against loss and obtain any personal liability insurance that he desires. In addition, any improvements made by an Owner within his Unit may be separately insured by the Owner, but the insurance is to be limited to the type and nature of coverage commonly known as "Improvements insurance". The Owner shall not obtain such insurance if the policy referred to in Section 8.1.A(1) will provide coverage for such Improvements. C. Copies of Policies; Notice to Members. The Association shall make available to all Members a copy of the Association's policy to enable Members to insure their Units without duplicating insurance carried by the Association and inadvertently triggering a co-insurance clause in the Association's policy referred to in Section 8.1A(1). The Association shall distribute annually to the Members a summary of the Association's insurance policies as required by Civil Code section 1365(e) and as provided in the Bylaws. The Association, as soon as reasonably practical, shall notify its Members by first-class mail if any of the policies have been cancelled and not immediately renewed or restored or if there is a significant change such as a reduction in coverage or limits or an increase in the deductible for any policy. If the Association receives any notice of non-renewal of a policy, the Association immediately shall notify its Members if replacement coverage will not be in effect by the date the existing coverage will lapse. To the extent that the information required to be disclosed, as described in Civil Code §1365(e), is specified in the insurance policy declaration page, the Association may meet its disclosure obligations by making copies of that page and distributing copies to all its Members. D. Limitation on Liability. The Association, and its directors and officers, shall have no liability to any Owner or Mortgagee if, after a good faith effort, it is unable to obtain the insurance required hereunder, because the insurance is no longer available or, if available, can be obtained only at a cost that the Board in its sole discretion determines is unreasonable under the circumstances, or the Members fail to approve any Assessment increase needed to fund the insurance premiums. In such event, the Board immediately shall notify each Member and any Mortgagee entitled to notice that the insurance will not be obtained or renewed. E. Policies and Procedures Regarding the Filing and Processing of Claims: The Board shall adopt a policies and procedures regarding the filing and processing of claims for damage and destruction of Common Area Improvements or any other matters covered by insurance maintained by the Association. 8.2. Damage or Destruction: If Project Improvements are damaged or destroyed by fire or other casualty, the Improvements shall be repaired or reconstructed substantially in accordance with the original as-built plans and specifications, modified as may be required by applicable building codes and regulations in force at the time of such repair or reconstruction and subject to such alterations or upgrades as may be approved by the Architectural Control Committee, unless either of the following occurs: (1) the cost of repair or reconstruction is more than fifty percent (50%) of the current replacement costs of all Project Improvements, available insurance proceeds are not sufficient to pay for at least eighty-five percent (85%) of the cost of such repairs or reconstruction, and three-fourths (3/4) of the total voting power of the Association residing in Members and their First Lenders vote against such repair and reconstruction; or (2) available insurance proceeds are not sufficient to substantially repair or reconstruct the Improvements within a reasonable time as determined by the Board, a Special Assessment levied to supplement the insurance fails to receive the requisite approval (if such approval is required) as provided in Section 4.4, and the Board, without the requirement of approval by the Owners, is unable to supplement the insurance by borrowing on behalf of the Association sufficient monies to enable the Improvements to be substantially repaired or recon- structed within a reasonable time. 10/4/06 49 1":1WPWIN601P ROJECTS \CROSSROADS \DEC 10.04.06.00C ( i i r l propert and I r it i t i li ilit i r that he desires. In a dition, any Improvements made by an n r it i i tely r d , i nce li t kn as "I pr insurance". The Owner shall not obtain such ins r if i I . c i s i s; ers. rs th Ass i ' policy t en e t ins r t i t i rri by t an i i ti n's t i . ( ). The A sociation shall distribute a nually to the r insurance policies as required by Civil Code section 1365(e) and s r i i t l ti , s as reasona l practic l, sh ll notify its e l if an not im e i r r t t r i r li it i ti l y olicy. If i tion i s f non-r l of a policy, the Asso i i l ll if r t c ill not be in e fect by t d t th existi c t i f r i t i l as i i il i i policy d l r ti p , t i l r i t p an distri t ll it r.te itation ility. it rt if, aft r f it i i bec the insuranc is no longer availa l or, if av il l l i i i t ve s ent se d r nce iums. I t i t ly i t i i . i ies r ures ing i sing s: li i a proc r re r i t fili r ti f r I pr r i tion. ruction: If I t are da aged r tr i I sh ll b r i i l l modified as l i t i r i or rec t j t s lt ontr l Co itt , unless either of the f l i (1) t c t re truction i t fift per t ( ) the cu re repl ent sts all Proj I available insurance proc eds are not sufficient to pay for at least i t fi r r t and t r -f t (3/4) of the total ti f i ti i th ir First l ers v t i s rep ir r ti ; ( ) ce s not su fici to substa re i or recon t .ct t I pr ts ti as d t r i by the Board, a Special Assess ent levied to l t i l (if s i r r i t f a r l by t i t f t su ficient monies to enable the Improvements to be s st ti ll r i i le ( / /06 T;\WPWIN60\PROJECTS\CROSSROADSIDEC 10.04.06.DOC A. Process For Repair or Reconstruction: If the Improvement is to be repaired or reconstructed and the cost for repair or reconstruction is in excess of twenty-five percent (25%) of the current replacement cost of all the Project Improvements, the Board shall designate a construction consultant, a general contractor, and an architect for the repair or reconstruction. All insurance proceeds, Association monies allocated for the repair or reconstruction, and any borrowings by the Association for the repair or reconstruction shall be deposited with a commercial lending institution experienced in the disbursement of construction loan funds (the "depository") as selected by the Board. Funds shall be disbursed in accordance with the normal construction loan practices of the depository that require as a minimum that the construction consultant, general contractor and architect certify within ten (10) days prior to any disbursement substantially the following: (1) that all of the work completed as of the date of such request for disbursement has been done in compliance with the approved plans and specifications; (2) that such disbursement request represents monies which either have been paid by or on behalf of the construction consultant, the general contractor or the architect and/or are justly due to contractors, subcontractors, materialmen, engineers, or other persons (whose name and address shall be stated) who have rendered or furnished certain services or materials for the work and giving a brief description of such services and materials and the principal subdivisions or categories thereof and the respective amounts paid or due to each of those persons in respect of such services and stating the progress of the work up to the date of the certificate; (3) that the sum then requested to be disbursed plus all sums previously disbursed does not exceed the cost of the work insofar as actually accomplished up to the date of such certificate; (4) that no part of the cost of the services and materials described in the foregoing paragraph 8.2.A(2) has been or is being made the basis for the disbursement of any funds in any previous or then pending application; and (5) that the amount held by the depository, after payment of the amount requested in the pending disbursement request, will be sufficient to pay in full the costs necessary to complete the repair or reconstruction. • If the cost of repair or reconstruction is less than twenty-five percent (25%) of the current replacement cost of all the Project Improvements, the Board shall disburse the available funds for the repair and reconstruction under such procedures as the Board deems appropriate under the circumstances. The repair or reconstruction shall commence as soon as reasonably practicable after the date of such damage or destruction and shall be completed as quickly as is reasonably practicable after commencement of reconstruction, subject to delays that are beyond the control of the party responsible for making the repairs. The Owner of the damaged or destroyed Improvement immediately shall take such steps as may be reasonably necessary to secure any hazardous condition and to screen any unsightly views resulting from the damage or destruction. • B. Process If Repair or Reconstruction Not Undertaken: If the Improvements are not required to be repaired or reconstructed in accordance with the foregoing, all available insurance proceeds shall be disbursed among the Owners of the damaged Units and their respective Mortgagees in proportion to the respective fair market values of their Condominiums as of the date immediately preceding the date of 10/4/06 50 TAWPWIN6ONPROJECTSCROSSROADSZEC10.04.06.DOC ( ss r truction: I I t i t r and the cost for repair or reconstruction is in excess of t t -fi r t (25 ) f t cost of all the Project Improv th Bo r l a co t c l r, a a r r tion. ll in pr ti ll for the repair or reconstr an any r ti ti sha l be deposit ith a c len i i i t t loan funds (the "depository") as selected by the r . Funds sha l be disb rs i constructio loan practices of the depository that require as a ini u that sultant, eral tractor d itect rtify ithln t n ) pri to any disbur t t tial y t f ll : t r ent in co plia VJitht a r pl ti s; request represents i hic either f t t c lt t the gener l c tr t r t / r r r , subc tr material , engine r , or ot r ( an r t d) ha ren f r i i es r t rials for I ri tion f suc servic and materi l and the princi l s i s c t t f ctive ts t e of thos perso i res f su servi a st f t r up to t t f t ; t l ll r i l ex the cost of the work insof r as act ll t t d t of t r ic s t ri l i i raph ( ) i t basis f r t i r t of any f s in i ; l disburs t request, will be su ficient to pay in f ll t truction. . I t cost of repair or reconstr is less than twent per ( t c r cost of all the Project Improve ents, the Board s l i the av il l funds for t r i under such proce r as the Board t ir . r ir r r tr ti sha l commence as soon as reasonably practicable aft r t e or destr a sh be compl as quic l as is reasonabl practic f t of reconstruction, subject to delays that are beyon t f t rt l t re i The Owner of the damaged or destroyed Improve i i t be reasonably nece sary to secure any hazardous condition and to screen any i tl fr t da or . truction rtaken: If t t rep ir or rec tr in r it i i r among the Owners of the damaged Unitsand their r ti ortgagees in r rti f ir ark t valu f t i f i l / /06 .\ PWIN60\PROJECTS\CROSSROADS\DEC . OC damage or destruction as determined by a qualified independent appraiser selected by the Board, after first applying the proceeds to the cost of mitigating hazardous conditions on the Project, making provision for the continuance of public liability insurance to protect the interests of the Owners until the Project can be sold, and complying with all other applicable requirements of governmental agencies. In the event of a failure to agree upon an appraiser, the appraiser shall be appointed by the then President of the Bar Association of the County. If the failure to repair or reconstruct results in a material alteration of the use of the Project from its use immediately preceding the damage or destruction as determined by the Board (a material alteration shall be conclusively presumed if repair or reconstruction costs exceed twenty-five percent (25%) of the current replacement cost of all Project Improvements), the Project shall be sold in its entirety under such terms and conditions as the Board deems appropriate. If any Owner or First Lender disputes the Board's determination as to a material alteration, the dispute shall be submitted to arbitration pursuant to the rules of the American Arbitration Association, and the decision of the arbitrator shall be conclusive and binding on all Owners and their Mortgages. If the Project is sold, the sales proceeds shall be distributed to all Owners and their respective Mortgages in proportion to their respective fair market values of their Condominiums as of the date immediately preceding the date of damage or destruction as determined by the independent appraisal procedure described above. For the purpose of concluding a sale under this Section 8.2, each Owner grants to the Association an irrevocable power of attorney to sell the entire Project for the benefit of the Owners, to terminate the Declaration and to dissolve the Association. In the event the Association fails to take the necessary steps to sell the entire Project as required under this Article within sixty (60) days following the date of a determination by the Board or arbitrator of a material alteration, or if within one hundred twenty (120) days following the date of damage or destruction the Board has failed to make a determination as to a material alteration, any Owner may file a partition action as to the entire Project under California Civil Code § 1359, or any successor statute, and the court shall order partition by sale of the entire Project and distribution of the sale proceeds as provided in this Declaration. Notwithstanding anything in this Declaration to the contrary, any Owner or group of Owners shall have a right of first refusal to match the terms and conditions of any offer made to the Association in the event of a sale of the Project under this Section 8.2.B, provided this right is exercised within ten (10) days of receipt by the Owners of a notice from the Association containing the terms and conditions of any offer it has received. If the Owner or group of Owners subsequently default on their offer to purchase, they shall be liable to the other Owners and their respective Mortgagees for any damages resulting from the default. If more than one (1) Owner or group elects to exercise this right, the Board shall accept the offer that in its determination is the best offer. 8.3. Condemnation: The Association shall represent the Owners in any condemnation proceedings or in negotiations, settlements and agreements with the condemning authority for acquisition of the Common Area(s), or part of the Common Area(s). In the event of a taking or acquisition of part or all of the Common Area(s) by a condemning authority, the award or proceeds of settlement shall be payable to the Association, or any trustee appointed by the Association, for the use and benefit of the Owners and their Mortgagees as their interests may appear. In the event of an award for the taking of any Condominium in the Project by eminent domain, the Owner of such Condominium shall be entitled to receive the award for such taking and, after acceptance of the award, he and his Mortgagee shall be divested of all interest in the Project if such Owner shall vacate his Condominium as a result of such taking. The remaining Owners shall decide by majority vote whether to rebuild or repair the Project, or take other action. The remaining portion of the Project shall be resurveyed, if necessary, and the Declaration shall be amended to reflect such taking and to readjust proportionately the percentages of undivided interest of the remaining Owners in the Project. 10/4/06 51 TAWPWIN601PROJECTS \CROSSROADS \DEC 1 0,04.06.DOC ( ;' \ \ r tr ti t by lifi i i l t t r , fter first l i t pr to th cost of itigatin hazardous conditio s on the Project, i r vision for the ti of p li liabilit ins r to protect the i t r f t r til t r j ct can be sold, l i it ll l r tal i . In t t f f ilure to r i t a r i sha l be a i t i t f t r ssociation of If t f il r t i r lt i f t r j t fr its i i t l r i t or t t r ( t ri l lteration s ll c l i l r if repair or reco t t t -fi r t ( ) of the rr t r l t f ll Pr j Impro j ll l i it tir ty under such t r iti t r a If any O n r or ir t r i t t oard's t r i ti as to a t ri l alter ti , the dispute sha l b su itt t r it ti r t t t rules of t ri i i and the deci i f t i t ll l i binding on all t . If t j i ll r t ir r s ective rt ages i r rtion t re ti e t l es t i iniums as f t e date i i tely r ing f da or destr a det i t i nt praisal r re ri ed . For the purpos of concl a sal un t i ti . , c ner r t t th i ti irr p f tt m t i r j t f r t fit of the r , t t r i t i l sociation. I t t t ciation fails to t t ne t t se l the entir Proje t as req ir un t i rti l it i i ty ( 0) days f ll ing t t f det ti n b t B r t i l lt r tion, r if ithin one r t t i g ti n t r f il d to ake a t r i ti as t t i l alt r ti , any n r i t t tir r j ct under lif r i Civil Code § 1359, or any successor statute, and the court shall order partition by l f t entire j distri f t sal proc as pr i i t i l r ti . t it t i anything in this Declaration to the contrary, any r r r f rs shall ri t f fir t r f t at the ter s an c i ff r t t ss ciation in the v t f l f t j 8, i i r i it i t ( ) days of r i t by t f ti fr the i ti contai i the terms and conditions of ny offer it has r c i . If the Owner or group of Owners subsequ tl d f o t i ff t r . t y shall be li l t t t r t r s f r y a ages resulting from the default. If r t ( ) r l t ex r i ri ll t t ff r t t in its nnination i . . Condem tion: i tion l sent rs i an cond nation r i or in n ti ti , se tlements and agreements with the conde ning t rit f r c isition of t r , r f t In the eve t of t i r i iti f rt r all of t rea(s) by a co i authority, the award or proceeds of settle ent ll y l to the i ti n, t , fit f t ers and their rt t i i In the ev t f f t t i f y ndo iniu in t r j t i t f ll titl t r iv the a ard for s t i , ft t of the award, he i ll i t f ll i t r st in the r j t if ll is i . r i i rs shall i j rit t r i t r ject, r take other action. r i i portion f t r j t ll if ll t r fl t s c taking t r j t r ti the percentages of undivided interest of the re aining rs in the roject. :\ PWIN60\?ROJECTS\CROSSROADS\ EC 0.04.06. OC In the event of a taking by eminent domain of any part of the Common Area, the Association shall participate in the negotiations, and shall propose the method of division of the proceeds of condemnation, where Condominiums are not valued separately by the condemning authority or by the court. Proceeds of condemnation shall be distributed among Owners of Condominiums and their respective Mortgagees according to the relative values of the Condominiums affected by the condemnation, said values ,to be determined by the method provided in Section 8.2. If there is a substantial taking of the Project (more than fifty percent (50%)), the Owners may terminate the legal status of the Project and, if necessary, bring a partition action under California Civil Code § 1359 or any successor statute, on the election to terminate by fifty-one percent (51%) of the total voting power of the Association and the approval of Eligible Mortgage Holders holding Mortgages on Condominiums which have at least fifty-one percent (51%) of the votes of Condominiums subject to Eligible Mortgages. The proceeds from the partition sale shall be distributed to the Owners and their respective Mortgagees in proportion to the fair market values of their Condominiums as determined under the method described in Section 8.2. 8.4. Condemnation of Exclusive Use Common Area: If there is a taking of all or any portion of an Exclusive Use Common Area, the award in condemnation shall be paid to the Owner of the Condominium to which the taken Exclusive Use Common Area was appurtenant; however, such award shall first be applied to the balance then due on any Mortgages encumbering such Owners Condominium, in order of priority. 8.5. Portions of Awards in Condemnation Not Compensatory for Value of Real Property: Those portions of awards in condemnation that do not directly compensate Owners for takings of real property (e.g., awards for takings of personal property, relocation expenses, moving expenses, or other allowances of a similar nature intended to facilitate relocation) shall be paid to the Owners whose personal property is taken, or whose relocation is intended to be facilitated. ARTICLE IX. GENERAL PROVISIONS 9.1. Enforcement: The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration, the Articles and the Bylaws, and in such action shall be entitled to recover reasonable attorneys' fees as are ordered by the Court. If permitted by law, the Association has the right to record a Notice of Violation against the Condominium of an Owner who is not in compliance with the provisions of the Governing Documents. Failure by the Association or by any Owner to enforce any covenant or restriction contained in this Declaration shall in no event be deemed a waiver of the right to do so thereafter. 9.2. Invalidity of Any Provision: Should any provision or portion of this Declaration be declared invalid or in conflict with any law of the jurisdiction where this Project is situated, the validity of all other provisions and portions hereof shall remain unaffected and in full force and effect. 9.3. Term: The covenants and restrictions of this Declaration shall run with and bind the Project, and shall inure to the benefit of and shall be enforceable by the Association or the Owner of any property subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years, unless an instrument in writing, signed by a majority of the then Owners of the Condominiums, has been recorded within the year preceding the beginning of each 10/4/06 52 TAWPWIN601PROJECTS\CROSSROADSIDEC 10.04.06.DOC ( ( I t e t of a takin by emin do i of any part of the Com n Ar , the Ass iation s ll ticipate i t n tiations, a s ll se t od i i ion f t r ceeds f demnation, ere dominiums ar not v s rately demning thority r y the ourt. r eeds f demnation l b dist ted a g ers of Co iniums th ir res tive Mort agees ording t th relati val of the Con iniums aff d by the co nation. sai val .t termined t d pr i ed tion . . I t is a subst tial tak of the Proj t (mo tha fift pe nt (5 )), th O rs ay t inate t le stat of the Pr j a . if n ry, bri a p titi ti un r Calif r i ivil ode 1 r a s ssor stat . on th ele to tenn te by f -one rcent ( ) f t t t l ting wer f th A so i tion an the a pro l of Eligible Mortg e Hol rs holdi g Mort ages dominiums whi have at lea t fift p t ( ) of t s ndominiums s j t t li i le rtgages. The proce from the partiti sal shall be distri ted t t rs a t ir r ctive t age s in pr ti n to the f i t s ir dominiums termined r t ethod scribed ction . . . demnation o lusive mon ea: If r i i f ll r rti n f l sive Us Co Area, the awar in cond tion sha l be pai t r fthe dominium t ich t t Excl Use Co Are wa ap nt; ho , r s ll fir t lied t t l ce th du on an ages umbering h ner's ominium, in or r f pri rity. . . Portions of Awards in Condemn ion Not Compe atory for Val of Real Pr erty: ose rtions of a s in con nation t t n dir tly c ensate ners f r t ings f r l r perty ( . ., rds f ta s of pe al pr rty, r ation enses, ving enses, r t r ll ances of a si il nat int to f litate r tion) s l i t ers se r onal erty i n, or r tion i i ded f ilitated. TICLE . ERAL VISIONS . . forcement: e sociation, r y ner, all ave e ri t t e f rce, r eding at la or in e , all r i tions, c iti ns, co ts, res ti ns, lie , a c r s r r fter i d by the provi oft is tion, the Arti an t l , a in s ti s ll titled r ver r onable t omeys' fe s as are ordered by the Court. If per itted by la , the ociation ha the right to rec a f tion a t t inium of a r is t i pliance it t pr i ns of t rning ents. Failur by t iation or by a r t f rce a c nt or restri cont in this Decl i sha l in no ev t be dee a i r f t t reafter. . . I alidity y vision: ld i ion r i i l ration lared i lid r i c flict wit an la of th j iction re t j ct i i ted, t li ity f ll t r r isions p s her f ll r in ffected i ll rce d ffect. . . rm: nants trictions l ration ll r i i t r j t, ll i t th be it of an sh b e eable by th iation or t r f a pr rty ject t i ration, t r tive l l r sentatives, i , ces ors i s, f r a ter f t irty ( ) rs fr th d t ration i r ed, r ich i t ll t atically t nded f s ssive peri of te (1 y , u a in ent i riti g, i d b jority of t t n ers t iniums, r ed i r r ceding t i ning f ch :\ P IN60\PROJECTS\CROSSROADS\ EC . . OC successive period of ten (10) years, agreeing to change the covenants and restrictions in whole or in part, or to terminate the same. 9.4. Amendments: A. Unilateral Amendment by Declarant: Notwithstanding any other provisions of this section, at any time prior to the first Close of Escrow in the Project, Declarant may unilaterally amend or terminate this Declaration by recording a written instrument which effects the amendment or termination and is signed and acknowledged by Declarant. Notwithstanding any other provisions of this section, Declarant (for so long as Declarant owns any portion of the Project) may unilaterally amend this Declaration or by recording a written instrument signed by Declarant in order to: (i) conform this Declaration to the rules, regulations or requirements of VA, FHA, DRE, Fannie Mae, Ginnie Mae or Freddie Mac; (ii) amend, replace or substitute any Exhibit for any purpose to the extent that the Exhibit affects portions of the Project that have not yet been conveyed to the Association or for which there has been no Close of Escrow, as applicable; (iii) amend, replace or substitute any Exhibit to correct typographical or engineering errors; (iv) include any Exhibit that was inadvertently omitted from the Declaration at the time of recording; (v) comply with any city, county, state or federal laws or regulations; (vi) correct any typographical errors; (vii) supplement or amend this Declaration with provisions which pertain to rights and obligations of Declarant, the Association or Owners arising under the Right to Repair Law at Division 2, Part 2, Title 7 (commencing with Section 895) of the California Civil Code; and (viii) change any exhibit or portion of an exhibit to this Declaration to conform to as-built conditions. B. Amendment by Members: After sale of the first Condominium, this Declaration may be amended only by the affirmative vote (in person or by proxy) or written consent of Members representing a majority of the total voting power of the Association and a majority of the affirmative votes or written consent of Members other than the Declarant, or where the two (2) class voting structure is still in effect, a majority of each class of membership and, if required, the consent of the California Department of Real Estate. However, the percentage of voting power necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. Any amendment must be certified in a writing executed and acknowledged by the President or Vice President of the Association and recorded in the Recorder's Office of the County. C. Amendments Regarding Initiation of Construction Defect Claims: Notwithstanding anything to the contrary contained in this Declaration, Sections 5.1.A, 5.1.B, 5.1.C, 7.1, 7.9, 9.7, 9.8, 9.17 and this Section 9.4.0 shall not be amended without the vote or approval by written ballot of at least (a) ninety percent (90%) of the voting power of the Members of the Association other than Declarant, and (b) at least ninety percent (90%) of the First Lenders. D. Amendments Requiring Consent of Owners: Notwithstanding anything herein to the contrary, no amendment affecting the dimensions of any Unit or the interests in the Common Area or Exclusive Use Common Area shall be effective without the consent of all Owners whose Units, Common Area interests, or Exclusive Use Common Area rights are affected by the amendment, except as authorized in Section 2.3.D. The provisions of this Section 9.4.D may not be amended without the unanimous consent of the total voting power of the Association. 9.5. Encroachment Rights: If any portion of the Common Area encroaches on any Unit or any part of a Unit, or any portion of a Unit encroaches on any Common Area due to engineering errors, errors or adjustments in original construction, reconstruction, repair, settlement, shifting, or movement of the building, or any other cause, the owner of the encroachment shall have the right to maintain, repair or replace the encroachment, as long as it exists, and the rights and obligations of Owners shall not be altered in any way 10/4/06 53 T:\WPWIN60 \PROJECTS \CROSSROADS\DEC 10.04.06.DOC ( ssive perio of ten (10) year agr to cha the cov t and restri ti in whol or i rt, or inate e. .4. Amend ents: . ilateral endment larant: ithstanding a t r r i ions f t is tion, at a ti pri to th fir Cl of Escr in th Pr j t, larant u il t rally a end or t r inate thi Decl i by recor i a writt instr whic e fe t th a nt or t r i ation and i i ed ledged l rant. Not i t nding a ot r i ions f t i s ction, eclarant (f r s lo as Decl t own any port of the Proj u il t rally d t i cl ration or by r ording writt inst ent si d b rant i r t (i f rm t i l ration t t rules, r l tions or req i ts of V , F OR , Fan i i ie ; (ii) nd, r lace r titute any Exhi it for any pur to the exte t that the Exhi it a f porti of th r j t t t have t t c to th i tion or for t l f r , licable; (iii) nd, r l ce or su i te a Ex it to corr t ty r phical i eering rr rs; (i ) i cl de any i it t t in t ntly o i fr th De l ti n at t ti r ing; (v) c l it . ny city. ty, t t or f l la or r tions; (vi) c t graphical rr rs; ( ii) lement or a end t is l ration it pr i ns i h in t ri i ations f D l rant, t ociation or rs ri i und the Right to Re La at i i , l encing it ti n 5) of t lif rnia Civil Cod an (v ii c an e t i ibit t t i l ration to conform -built ditions. . endment bers: r t dominium, i l ration ded onl by t f tive (i y) r rit en consent f bers r presenting j rity of th tot l voti po of th As iation a a m ity th affir tive t s r ritten sent f rs ot th t nt, or t t ( l ti tr t re i till i ffect, a j rity f e cl of m rship . if re d. ent f t lif rnia rtment of eal t te. Howe , the perce of voti pow nec ry t a s ific l ll t less t n t pr ri ed pe tage of ative r ired ti n t u r t t l se. ny dment mu t be certi in a i ted ledged t r i ent r ice resident of ciation an rec in t er's fi f t ty. . endments egarding Initiation f Con truction Def ct Clai s: t ithstanding anyt i to th co t c in t i r tion, tions . . , . . , . . , . , 7.9, 9.7,9.8,9.17 t i tion .C ll ded ut t r val ritt n ll t of at l t ( ) i t t (9 f t r t bers sociation t r t n clarant, ( t le ni p t ( ) t i rs. . endments uiring sent f ners: ithstanding t i g r i t t trary, n a ent af ti g t i sions it t i t rests i t on rea or l sive C n Ar s b ef tive i t t ent ll rs e its, on r i t ts, or Ex Us n r ri r t t d ent, exc t s authorized i ction . .0. isions i ction .0 t ended ithout t nimous consent t l v r ociation. . . roachment hts: I ti n mon r a roaches it r y rt f it. i it croaches on r a t ineering rr rs, rrors or j t ents in ori i con i , reco ti n. repair. se tle t, shifti , or mo t f the building, r t r c , t o r t achment s l t i t in, r ir r r l ce the r achment. as long as it exi a t ri a tions f rs sh ll not be lt r i y ay / 1 J 60\PROJECTS\CROSSROADS\DEC . .06. C by that encroachment, settlement or shifting; provided, however, that no right shall be created in favor of an Owner or Owners if that encroachment occurred due to the intentional conduct of such Owner or Owners other than adjustments by Declarant in the original construction. In the event a structure is partially or totally destroyed, and then repaired or rebuilt, the Owners agree that minor encroachments over adjoining Condominiums or Common Area shall be permitted and that there shall be appropriate rights for the maintenance of those encroachments so tong as they shall exist. In the event that an error in engineering, design or construction results in an encroachment of a building into the Common Area, or into or onto an adjoining lot, or into a required setback area, a correcting modification may be made in the subdivision map and/or Condominium Plan. Such modification may be in the form of a certificate of correction and shall be executed by Declarant (so long as Declarant is the sole Owner of the Project) and by Declarant's engineer (in the case of a condominium plan) and, in addition, by the city engineer (in the case of a subdivision map or parcel map). If the correction occurs after title to the Association Property has been conveyed to the Association, the Association shall also execute the certificate of correction. The Board of Directors may, by vote or written approval of a majority of the directors, authorize the execution of the certificate of correction. The modification may also be made by lot line adjustment, if more appropriate. 9.6. Rights of First Lenders: No breach of any of the covenants, conditions and restrictions contained in this Declaration, nor the enforcement of any of its lien provisions, shall render invalid the lien of any First Lender on any Condominium made in good faith and for value, but all of those covenants, conditions and restrictions shall be binding upon and effective against any Owner whose title is derived through Foreclosure or trustee's sale, or otherwise. Notwithstanding any provision in the Governing Documents to the contrary, First Lenders shall have the following rights: A. Copies of Governing Documents: The Association shall make available to Condominium Owners and First Lenders, and to holders, insurers or guarantors of any First Mortgage, current copies of the Declaration, Bylaws, Articles or other Rules concerning the Project and the books, records and financial statements of the Association. "Available" means available for inspection and copying, upon request, during normal business hours or under other reasonable circumstances. The Board may impose a fee for providing the requested documents which may not exceed the reasonable cost to prepare and reproduce them. B. Audited Statement: Any holder, insurer or guarantor of a First Mortgage shall be entitled, upon written request, to an audited financial statement for the immediately preceding fiscal year, free of charge to the party so requesting. Such statement shall be furnished within one hundred twenty (120) days of the Association's fiscal year-end. C. Notice of Action: Upon written request to the Association, identifying the name and address of the Eligible Mortgage Holder or Eligible Insurer or Guarantor, and the Condominium number or address, such Eligible Mortgage Holder or Eligible Insurer or Guarantor will be entitled to timely written notice of: (1) any condemnation loss or any casualty loss which affects a material portion of the Project or any Condominium on which there is a First Mortgage held, insured, or guaranteed by such Eligible Mortgage Holder or Eligible Insurer or Guarantor, as applicable; (2) any default in performance of obligations under the Governing Documents or delinquency in the payment of Assessments or charges owed by an Owner of a Condominium subject to a First Mortgage held, insured or guaranteed by such Eligible Mortgage Holder or Eligible Insurer or Guarantor, which remains uncured for a period of sixty (60) days; 54 10/4/06 T9VPWIN601PROJECTSICROSSROADS \DEC 10.04.06.DOC ( ( t, settl t or shifting; provid , ho r, that no ri t i if t t t oc t i t j by l r in t ri i l In the event a tr t is rti ll troyed, t r r rebuilt the Own r agr that minor encr nts a j i o iniums on ll t d ll riate ts t f t t so l ll i t. In t gineering, i r l i a en r t , l t, r i t ar , t bdivision i i l . Such modification may be in th f r f by l r (so l as Decl r t is t larant's i er i of c i i plan) and, in addition, by the city engineer (in t f l . If the correction o curs after itle to the A soci t Pro b ed t ti , t i sha l als t ti . f i ti n t rtificate f rr ti n. ay l be ad by lot line a j t if t . ts t ers: t , iti ns i s in t i cl r ti nor the enforc t of i li i L a Co i ium ith , th co ts, iti ns r t be bi i up f t i l gh l sure t e's , ot i e. Notwith i g i n i t Go i t to the contrar , First Le sha l hav i . ies Gov ing Doc ts: iation al ilable inium i L t h l i t rs , t f t De l Byl i g t fi i l state t of the Associati . "Available" means available f r i i r l . r r t er nable circumstances. f r i t r d i l t e . . ited ent: r r tor ll , r t a it fi t i t l i l f t t rt r Such statement sha l be f r i t i ti 's . ice tion: i ti , t li i l rt ol r or li i l I t r, iniu r such Eligible Mortgage Holder or Eligible Insureror Guarantor wi l be titl t loss or lt l ss o i t r i i , teed l li i Ins r r l ; i ti i i t or c r i i t t e , i d gu d s li l ge l er l l I r t r, r f r a peri f si t . 1 6 :\W \PROJECTS\CROSSROADS\DEC . C (3) any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; (4) any proposed action which would require the consent of a specified percentage of Eligible Mortgage Holders as specified in Section 9.6.D. The Association shall discharge its obligation to notify Eligible Mortgage Holders or Eligible Insurers or Guarantors by sending written notices required by this Declaration to such parties, at the address given on the current request for notice, in the manner prescribed by Section 9.10. D. Consent to Action: (1) Except as provided by statute or by other provision of the Governing Documents in case of substantial destruction or condemnation of the Project, and further excepting any reallocation of interests in the Undivided Interest Common Area(s) which might occur pursuant to any plan of expansion or phased development contained in the original Governing Documents: (a) the consent of Owners of Condominiums to which at least sixty-seven percent (67%) of the votes in the Association are allocated and the approval of Eligible Mortgage Holders holding Mortgages on Condominiums which have at least fifty-one percent (51%) of the votes of Condominiums subject to Eligible Mortgages, shall be required to terminate the legal status of the Project as a Condominium Project; provided, however, that if termination is for reasons other than substantial destruction or condemnation, the agreement of Eligible Mortgage Holders representing at least sixty-seven percent (67%) of the votes of the mortgaged Units is required; (b) the consent of Owners of Condominiums to which at least sixty-seven percent (67%) of the votes in the Association are allocated and the approval of Eligible Mortgage Holders holding Mortgages on Units which have at least fifty-one percent (51%) of the votes of the Condominiums subject to Eligible Mortgages, shall be required to add or amend any material provisions of the Governing Documents which establish, provide for, govern or regulate any of the following: (i) voting rights; (ii) increases in Assessments that raise the previously assessed amount by more than twenty-five percent (25%), Assessment Liens, or the priority of Assessment Liens; (iii) reductions in reserves for maintenance, repair, and replacement of Common Areas; (iv) responsibility for maintenance and repairs; (v) reallocation of interests in the general or Exclusive Use Common Areas, or rights to their use; (vi) convertibility of Units into Common Areas or vice versa; (vii) expansion or contraction of the Project, or the addition, Annexation, or withdrawal of property to or from the Project; (viii) hazard or fidelity insurance requirements; (ix) imposition of any restrictions on the leasing of Units; (x) imposition of any restrictions on an Owner's right to sell or transfer his Unit; (xi) restoration or repair of the Project (after damage or partial condemnation) in a manner other than that specified in the Governing Documents; or (xii) any provisions that expressly benefit Mortgage holders, insurers, or guarantors; (c) an Eligible Mortgage Holder who receives a written request to approve additions or amendments without delivering or posting to the requesting party a negative response within thirty (30) days after the notice of the proposed addition or amendment shall be deemed to have approved such request, provided the notice has been delivered to the Eligible Mortgage Holder by certified or registered mail, return receipt requested. (2) except as provided by statute in case of condemnation or substantial loss to the Condominiums and/or common elements of the Project, unless the holder(s) of at least two-thirds (2/3) of 10/4/06 55 T.1WPWINBO1PROJECTS\CROSSROADS \DEC 10.04.06.DOC ) se, cellation r terial ification f y i rance licy lity d i tained b ociation; ) y p osed ction hich ould quire t e nsent f a spe ified rcentage ible tgage l ers cified ction .0. ciation sh l dis its obli to notif Eli i Mort or i le rers rantors by s writt notic requir by this Decl to suc par , at t r ss rent est r tice, i t er scribed ction . . . cept s vided y tute by oth pr ision o th Gov ning uments i s tantial d ction emnation t Pr ct, ther epting ll cation of int in the Undi Intere Co Area( which might oc p t t f ansion ed lopment c ined i t i al rning ents: sent f ners o iniums t t ty-seven r ent ( ) t in t ciation cated t roval i ible rtgage l ers lding rtgages on ndominiums which have at l ast ifty-one ercent (51 %) of the tes f ominiums s t to Eligi Mort , sha l be requi to termi the legal st t f t t C ominium ject; vided, wever, that f t ination f re ns o r th su tantial truction nation, th a ent i le t age rs r senting t ty-seven rcent ( ) s t aged its ired; . ) sent ers iniums t at l t t -seven r ent ( ) t in t ciation ated t r val ible rtgage l ers l ing t ages h l t -one ent ( ) tes f ndominiums ject t Eli le ges, sh be r ir d nd t rial visions verning cuments hich stablish, provide for, govern or regulate any of e l owing: (i) vo g rig ; creases ses ments at r e t pr i usly a ssed unt m tha twe -five rcent 5%), sses ment liens, r e rity ssment Li s; (i uctions r erves r i tenance, r ir, l cement Co n ; (iv) res ibil ty i tenance irs; ) llocation of terest t g eral E lusive e mon . as, r hts t ir u ; i) vertibility f its i on s rsa; ii) nsion traction ject, ition, xation, or rawal p rty t Pr t; ( rd lity rance irements; (i i ition of a r ictions sing of U i (x i ition trictions er's t ll sfer it; i) storation r pair f t e roject (after age rtial demnation) ner r t that spe ii d in the Go ing Do ents; or ( isions t ressly efit rtgage rs, i rers, arantors; ) i le ge l r s itten st rove itions dments ut ring ting t t r sting ative onse ithin irty s t r i e osed ition ndment l ed e roved ch r uest, vided ice b livered t th Eli le M t age lder tified istered il, r rn ipt ested. . pt ided tute e demnation stantial iniums an / co element of the Project, unless the hold r of t l t t irds 1 f C· '\WPWIN601PROJECTS\CROSSROADS\ EC . . C the First Mortgages (based upon one (1) vote for each First Mortgage owned), or Owners of the individual Condominiums have given their prior written approval, the Association and/or the Owners shall not be entitled to: (a) by act or omission, seek to abandon or terminate the Project as a condominium project (except for abandonment or termination provided by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain); (b) change the pro rata interest or obligations of any individual Condominium for the purpose of: (i) levying Assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards; or (ii) determining the pro rata share of ownership of each Condominium in the Undivided Interest Common Area, provided that no Owner's undivided interest in the Undivided Interest Common Area may be changed without the consent of that Owner; (c) partition or subdivide any Condominium; (d) by act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area, including any Undivided Interest Common Area. (The granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Area by the Condominium Project shall not be deemed a transfer within the meaning of this clause); (e) use hazard insurance proceeds for losses to any of the Project (whether to Condominiums or to Common Area) for other than the repair, replacement or reconstruction of such Project. E. Right of First Refusal: The rights of an Owner to sell, transfer, or otherwise convey his Condominium shall not be subject to any right of first refusal or similar restriction. F. Contracts: Any agreement for professional management of the Project, or lease or any other contract providing for services of the developer, sponsor, or builder, may not exceed one (1) year. Any agreement, contract, or lease, including a management contract entered into prior to passage of control of the Board of Directors of the Association to purchasers, must provide for termination by either party for cause on thirty (30) days' written notice, or without cause and without payment of a termination fee or penalty on ninety (90) days' or less written notice. G. Reserves: Condominium dues or charges shall include an adequate Reserve Fund for maintenance, repairs, and replacement of those Improvements which the Association is obligated to maintain and that must be replaced on a periodic basis, and shall be payable in regular installments of Regular Assessments, rather than by Special Assessments. H. Priority of Liens: Any Assessment Lien created under the provisions of this Declaration is expressly made subject and subordinate to the lien and encumbrance of any First Mortgage that encumbers all or any portion of the Project, or any Unit. Each First Lender who comes into possession of the Condominium by virtue of Foreclosure of the Mortgage, or any purchaser at a Foreclosure, will take the Condominium free of any claims for unpaid Assessments and fees, late charges, fines or interest levied in connection with such claims, against the Condominium which accrue prior to the time such First Lender or purchaser at a Foreclosure takes title to the Condominium, except for claims for a pro rata share of such Assessments or charges to all Condominiums including the mortgaged Condominium, and except for Assessment Liens as to which a Notice of Delinquent Assessment has been recorded prior to the Mortgage. 56 10/4/06 T:\WPWIN601PROJECTS\CROSSROADS\DEC 10.04.06.DOC ( ( \ t tgages (ba up on (1) v f e Fir ge ed), ers t i idual ndomin ums gi t pr ten roval, t ociation d/or>the ers l t titled : ) t ission, k ndon t inate t j ct dominium p j ct (e t f a onment t ination vided y tantial truction b fir or ot ca lty or i t of a t b emnation i ent in); ) ange e ra int st o obli tions of any indivi al dominium f t pu e of (i) levyi A sments or ch s ating ributions rd i rance eds or co nation a s; o ( i) d r ining t re rship dominium in th Undi d Inte t Co n Ar , pr ed t er's i ided i st i ivided I st Co n Ar b ged ut t ent t ner; ) tition ivide dominium; ) t r is ion, ek bandon, artition, bdivide, cumber, l tr sfer th Co on Ar , in ding y ivided terest Com on Area. ( g ting · ements f p utili or f r li ses c istent ith t nded on a ominium Proj t s n b d ed a tr r it in aning t se); ) e zard i urance roce ds for los es to y t Pr ct ther ominiums or to on ) r t air, placement onstruction f h ject. . ht st fusal: ri t er l , r nsfer, r ise vey dominium sh not be su t to an ri t f t r al ilar striction. . ntracts: reement f ssional agement t ct, e r tract pro for ser of t l per, sp r, or r, n e o ( r. reement, cont t, or leas incl a ma ent contr ent into pri to p e trol r of Dir rs of the As i tion to pur sers, pr i e ination b r t r e t (3 day writt noti or it t cau and with pay t of a t i ation f lty ty ) ' l t n i e. . erves: dominium rges l lude equate rve d r intenance, r irs, r l cement f se Impr ents i h t ciation i i ated intain t t m be repl d o a p ic ba , a s ll ble i r lar i l ments f ular ses ments, rat t cial ses ments. . iority ns: y ses ment ien reated nder e p isions f t laration i e ssly ma s t a rdinate t t li umbrance f t rtgage t umbers a l or a p ject, y it. t nder o es ses ion dominium by virt of Fo l sure t ge, haser losure, l dominium fre of an cl f id essments ,late rges, fi i r st i d i nection it suc clai agai the Co i ium which a cru prior to the ti su Fir r rchaser Fo l sure ta titl t t ominium, pt r i s r r re ses ments c es to a l Co iniums in ing t m aged dominium, ept r essment Lie as to whi a Noti of ent As ent has bee rec prior to t age. I \P J CTS\CROS \ EC . I. Distribution of Insurance or Condemnation Proceeds: No provision of the Governing Documents gives an Owner, or any other party, priority over any rights of First Lenders in the case of a distribution to Owners of insurance proceeds or condemnation awards for losses to or taking of Condominiums and/or Common Area. J. Termination of Professional Management: When professional management has been previously required by the Governing Documents or by any Eligible Mortgage Holder or Eligible Insurer or Guarantor, whether such entity became an Eligible Mortgage Holder or Eligible Insurer or Guarantor at that time or later, any decision to establish self management by the Association shall require the prior consent of Owners of Condominiums to which at least sixty-seven percent (67%) of the votes in the Association are allocated and the approval of Eligible Mortgage Holders holding Mortgages on Condominiums which have at least fifty-one percent (51%) of the votes of Condominiums subject to Eligible Mortgages. K. Status of Loan to Facilitate Resale: Any First Mortgage given to secure a loan to facilitate the resale of a Condominium after acquisition by Foreclosure or by a deed in lieu of Foreclosure or by an assignment in lieu of Foreclosure, shall be deemed to be a loan made in good faith and for value and entitled to all of the rights and protections of Mortgages under this Declaration. .'• L. Right to Appear at Meetings: Any Eligible Mortgage Holder may appear (but cannot vote) at meetings of Owners and the Board to draw attention to violations of this Declaration that have not been corrected or that have been made the subject of remedial proceedings or Assessments. 9.7. Limitation of Restrictions on Declarant/Rights of Declarant: Declarant is undertaking the conversion of a rental apartment project to residential Condominiums and is making some incidental Improvements upon the Project. The completion of conversion and the sale, rental, and other disposal of said Condominiums is essential to the establishment and welfare of the Project as a residential condominium community. In order that the conversion may be completed as rapidly as possible, nothing in this Declaration shall be understood or construed to: A. Prevent Declarant, its contractors, or subcontractors from doing on the Project or any Condominium whatever is reasonably necessary or advisable in connection with the completion of the conversion; or B. Prevent Declarant or its agents or representatives from erecting, constructing and maintaining on the Project (except upon Units owned by others), such structures as may be reasonable and necessary for the conduct of its business of completing the conversion and establishing the Project as a residential condominium community and disposing of the same in parcels by sale, lease or otherwise; or C. Prevent Declarant from conducting on the Project (except upon Units owned by others) its business of completing the conversion and of establishing a plan of condominium ownership and of disposing of the Project as Condominiums by sale, lease or otherwise (including use of one (1) or more Condominiums as a sales/construction office) (use of the recreation room or existing office by Declarant as a sales/construction office after close of escrow on the first sale of a Condominium shall require payment of a reasonable rental fee by Declarant to the Association). 10/4/06 57 TAWPWIN60\PROJECTS\CROSSROADS\DEC 10.04.06.DOC ( •... ( \ -, tribution In rance Co nation Pr eds: i ion f t r i g t i or t r i t f ir t rs i t i t t i r ation f r l t r t ki f i iu s a / , ination sional ent: l t i l required by the ov r i Documents or by any ligibl ort older r li i l I r r r t , t suc entit an Eligibl rt li i l I r r r t r t t t ti or later, any deci i to esta li self mana t t i tion ll r ir t ri r ent of Con i iu s l i ven rcent ( 7 ) f t tes i t sociation all ted th appr l of Eligible Mortg Hold hol i Mort es i i which have at least fifty- percent (51 ) f i i j t t li i l es. . s litate l : i r l t f ilit t th resale of a i after acquisiti by Forecl r or by i li f r l r r i in lieu f For l sha l be dee t l i f it f r l i t a l of the rights pr t of rt i l r ti . . i t pear i gs: t t t ) t ti of r t Bo r to dr tt i l ti t t t t or th t hav th su j f r i s nts. . . i itation i tions o l t/ ights l rant: l t i rt i t rsion a rental apart proj to reside t Co i iu s i i s i i t l I r ts up the Proje t. The completio of conver i t l r t l, t r i l f i i i is e sential to the establishment and elfare f j i ti l condo iniu it . In order that the conversion may be completed as rapidly as possi l , not i i t i l r ti r . its tr t , r fro doing on t j t r inium r bly sary r visable in connection with the completion of t rsion; . t i t tives i , t ti g i t i i on the Project (except upon Units o ned by t r l r f t co of its bu i of co l ti t i t li i t r j ct s i i l c co i dis f t i l l , l r t r ise; r . t l r nt cting t t it d t r ) it i of c l ti t c r i and f l i i r i f i i of the Project as o i by sal , l i l i f ( ) r r i i as a sales/construction office) (use of the recreation r om or existing office by l r t s l i o fice after close of escrow on the first s l i i ll r ir t f l r t f l t t i i 1 1 6 :\ PWIN601PROJ E SROADSIDEC . . .DOC D. Prevent Declarant from maintaining or displaying such sign(s), pennants and flag(s) on the Project (except upon Units owned by others) as may be necessary for the sale, lease or disposition thereof; or E. Subject Declarant to the architectural control provisions of Section 7.9 for construction of any Condominium or other Improvements on the Project. • The foregoing rights of Declarant shall terminate upon sale of Declarant's entire interest in the Project. So long as Declarant, its successors and assigns, owns one (1) or more of the Condominiums established and described in this Declaration, Declarant, and its successors and assigns, shall be subject to the provisions of this Declaration. Declarant shall make reasonable efforts to avoid disturbing the use and enjoyment of Condominiums (and the Common Area) by Owners, while completing any work necessary to those Condominiums or Common Area. 9.8. Termination of Any Responsibility of Declarant: In the event Declarant shall assign or convey all of its right, title and interest in and to the Project to any successor Declarant, then and only in such event, Declarant shall be relieved of the performance of any further duties or obligations under this Declaration arising after such conveyance, and such successor Declarant, shall thereafter be obligated to perform ail such duties and obligations of the Declarant. 9.9. Easements To Inspect and Test A. Reservation of Easement: Declarant hereby reserves easements to enter any portion of the Project, including the interior of any Dwelling, to inspect those areas and to conduct testing referred to in Civil Code section 1375. However, Declarant shall notify the Association, with respect to any Common Expense Area, which is to be inspected and the Owner of the Unit to be inspected of at least three (3) alternative dates and times when such inspection can take place (the earliest of which shall not be less than ten (10) days after the notification is given) and Declarant shall give the Association and Owner, respectively, the opportunity to specify which date and time is acceptable. Should the Association or Owner not respond affirmatively with respect to one of the dates and times within five (5) days, then (1) Declarant may decide which of the dates and times the inspection and testing shall take place and so notify the Association or Owner, respectively; or (2) Declarant may seek a judicial order allowing such inspection and testing to take place. Declarant shall be entitled to its reasonably incurred attorney's fees and be deemed the "prevailing party" should such a court order be sought and obtained. Declarant shall be obligated to fully repair any damage caused by any testing. B. Common Expense Area Inspection. In addition to any of its other inspection and testing rights set forth in this Declaration, Declarant may at its election, notify the Board that any Improvements Declarant has installed, constructed, modified and/or refurbished within the Common Expense Areas have been completed and that Declarant is requesting the inspection provided for in this Section. Within fifteen (15) days after Declarant gives such notice, The Association shall instruct its Property Manager to perform the inspection, the reasonable cost of which shall be paid by Declarant. The Property Manager shall thereafter promptly (within 15 days thereafter) inspect the Improvements for which Declarant has requested inspection. Two representatives of the Declarant and two representatives of the Board may accompany the Property Manager during the inspection. The inspection shall be limited to a visual inspection, and Improvements shall not be uncovered. The 10/4/06 58 TAWPWIN601PROJECTS \CROSSROADS \DEC 10.04.06.DOC . f , t 1ag(s) ( by t iti f; . l r t t t ti i i r I t t r j ~ ing ri Decl t t c;m f l t' t t. l De l it su , ( t i i s an d s ri in this Declaration, Declarant, and its successors and assigns, s l . l ll r i t ( th Co r by r iniu s n . ination sibil ty rant: I t ll ll i titl i t t in and to t r j t to y r eclarant, t l . t, l rant l r l f the perf ce a furt d r obli s t i ft l r l li of t . Easements To Inspec and T . rvation Eas t: r nt y rves e ents t r tion f e roject, including the interior of any Dwelling, to inspect those reas nd ct ting ref to in Civil Code section 1375. However, Declarant shall notify the Asso , ect mon Expense Area, which is to be inspected and the Owner of the it cted of at lea t three (3) alternati dates and times when such inspecti can ta pl (t li t i l s ft r t tification i iven) d clarant ll t ciation r, r ctively, ortunity to cify hich ate d i t ble. Sh th or Owner not res a fir with resp t to f t t s in f ( d , th (1) Decl t i e ich s ti s t ction ti g ll t pl a s noti t i tion r, r ctively; may seek a ju i i l order allowing such inspecti and testi t t l itl t its reasonably incur ed ttorney's s ed vailing l order be sought and obtained. Declarant shall be obligated to fu ly repair any . . on se ection. I ti ting rights set forth in this eclaration, eclarant ay at its l ction, tify rd t I e ents Decl has installed, constructed, modified and/or refurbi it t Co se reas have been complet d and that Declarant is requesting the inspection rovided i . fift (15) days after Declar give su noti iation ll t to perfor the inspection, the reasonable cost of which sha l be pai by t. r l t ereafter r ptly (within 15 days thereafter) inspect the I provements ich clarant s r ested pection. Two presentatives of the eclarant d t resentatives th Bo may acc ny th Pro Ma r duri th insp i n. ction l li t a visu insp , an Impr ents ll u red. ( /4/06 :I IN60\PROJECTSICROSSROADS\ EC D Property Manager shall not be responsible for identifying latent deficiencies. Promptly after the inspection is completed, the Property Manager shall submit a written report (the "Report") to Declarant and the Board specifying the respects, if any, to which the Property Manager has determined the inspected Improvements may be defective; and/or, if there are no defects, the Report shall so state with respect to each such Improvement determined without defect. The Report shall constitute conclusive and binding evidence that, except as otherwise provided therein and except for latent deficiencies, if any, the Improvements so inspected are without deficiency, and thereafter Declarant shall have no further liability, duty or obligation with respect to such Improvements, except to remedy any deficiencies specified in the Report and except with respect to latent deficiencies, if any, and the separate repair obligations of Declarant under express written warranty, if any. Declarant shall correct any deficiencies specified in the Report, and the Property Manager shall reinspect such Improvements within thirty (30) days after Declarant's request. Such reinspection shall be performed in the same manner as provided for the first inspection. Promptly after the reinspection is completed, the Property Manager shall submit another written report (the "Reinspection Report") to Declarant and the Board specifying the deficiencies noted in the Report which have not been corrected, if any, and if all such deficiencies have been corrected the Reinspection Report shall state that such deficiencies have been corrected, such Reinspection Report thereby constituting conclusive and binding evidence therefor, and thereafter Declarant shall have no further liability, duty or obligation with respect to such Improvements, except to remedy any deficiencies specified in the Reinspection Report, and except with respect to latent deficiencies, if any, and the separate repair obligations of Declarant under express written warranty, if any. Additional inspections and Reinspection Reports shall be made, if necessary, all in accordance with and with the same effect as provided hereinabove. Within ten (10) days after all deficiencies have been corrected, as evidenced by a Report or Reinspection Report, the Board shall be deemed to have accepted the Improvements in writing and shall release in writing any and all rights under any and all payment and performance, labor and material and completion bonds pertaining to the Improvements, if any. C. Commencement of Easements: The easements reserved herein shall become effective upon the first Close of Escrow. Individual grant deeds to Units may, but shall not be required to, set forth the easements specified in this Declaration. D. Dispute Resolution in Purchase Contracts. The limitations contained in Section 9.17 hereinafter to certain controversies, claims or disputes shall not be deemed to supersede any written agreements (e.g. purchase contracts) between Declarant and an Owner which may provide for dispute resolution procedures for additional controversies, claims or disputes. E. Amendment. The provisions of this Article may not be amended without the consent of Declarant (or its duly authorized successor in interests) until such time that all of the Condominium Units in the Project owned by Declarant have been conveyed to Purchasers. 9.10. Owners' Compliance: Each Owner, tenant or occupant of a Condominium shall comply with the provisions of this Declaration, and (to the extent they are not in conflict with the Declaration) the Articles and Bylaws, and the decisions and resolutions of the Association or the Board, as lawfully amended from time to time. Failure to comply with any such provisions, decisions, or resolutions shall be grounds for an action (1) to recover sums due, (2) for damages, (3) for injunctive relief, (4) for costs and attorneys' fees, or (5) any combination of the foregoing. All agreements and determinations lawfully made by the Association in accordance with the voting percentages established in this Declaration or in the Articles or the Bylaws, shall be deemed to be binding on all Owners, their successors and assigns. 59 10/4/06 TAWPWIN601PROJECTS\CROSSROADS\DEC 10.04.06.DOC ( erty ager l n b r sible i tifying l t iencies. ptly r t tion is c , the Prop rt Man rt " '? t l t rd ifying th re t , if a . t t Pr t er r ined t Improvements may be defective; and/or, if there are no def t . th t t I ent ined it out t. rt ll titute l sive i i nce , t r ise ided r in cept f r l tent ficiencies, , t I ents so inspect are wit defi , a t fter nt ll h rther ility, ty obli tion· r ct t suc Impr ents, ept t re y a ficiencies ified in th Re a t r ct t l t iencies. if . rd t r te re i obli of Declarant under expre s written wa rant , if . Decl s l i s specifi in th~ Report, and the Property Manager sha l reins suc I pr t ft r l r t's st. Such reinspection l rfor ed t r r for the first inspection. Promptly after the reinspection is completed, the Property l it r r " i t noted in the Report which have not been co rected, if any, and if ll the Reinspection Report shall state that such fi i i h v it ti g i i evidence r for, t reafter l r t f r liabili duty or obligation with respect to such Improvements exc to rem a i ifi in the Reinsp ti ep rt. respect t l t if r li of l ty, if ny. l i i Report sha l be made, if n ll i . Within ten (10) day i i cies n cor ected, as evidenced rt R i ction Report, the Board shall be d emed to have a cept the Improve i ll r l in writing any a ll i . l l c l bonds pertaining to t I pr if encement ts: ts i b u the first Close of Escrow. Individual grant deeds to Units may. but ll n t r ir t , t specifi in this Decl te s ion i se tracts. it tions t ined i ti to certain controversies. claims or disputes shall not be d t nts ( . p r contr bet t f i r f r additi contr . dment. (or it l t i s c in i t until ti i i t r j Decl r hav . . Owners' Compl ce: f t i l r ti , and (to the t t t t i i l t deci i and resolutions f t or t r l ti il t c l it , , ( ) t r s due. (2) for da , ( ) f r i j reli f, ( ) f r ' . i tion . d t r i i l f ll i established in this Declaration or in the Articles orthe Bylaws, sha l be t i i , rs . :\ IN60\PROJECTS\CROSSROADSIDEC Q.04.0 . 9.11. Notice: Any notice permitted or required by the Declaration or Bylaws may be delivered either personally or by mail. If delivery is by mail, it shall be deemed to have been delivered seventy-two (72) hours after a copy of the same has been deposited in the United States mail, first class or registered, postage prepaid, addressed to the person to be notified at the current address given by such person to the Secretary of the Board or addressed to the Condominium of such person if no address has been given to the Secretary. 9.12. Inspection and Acceptance of Common Area Improvements: The Association's inspection and acceptance of the Common Area Improvements shall be resolved in accordance with the following procedures: A. Walk-Through Inspection: On completion of all or any portion of the Common Area Improvements in the Project ("Common Improvements"), Declarant shall notify the Association in writing. Within five (5) business days of the notice or such later date as is agreeable to the parties, representatives of the Association and Declarant shall meet for the purpose of inspecting and approving the Common Improvements and identifying any uncompleted or incorrectly completed items. With respect to those items that the parties agree need to be completed or corrected, Declarant shall have a reasonable time thereafter to complete or correct the items. No later than five (5) days after Declarant notifies the Association that. it has completed or corrected the items, the items shall be reinspected. B. Neutral Expert: If Declarant disagrees with any claim by the Association that a Common Improvement is not completed or is not completed correctly, Declarant may present the Association with a list of at least two qualified independent neutral experts to inspect the claim. The list shall contain a description of each expert's qualifications. If the Association will not accept any of the experts on the list, the Association shall notify the Declarant within five (5) days of receipt of the list and shall include in the notice a list of at least two experts from which Declarant may choose. The list shall contain a description of each expert's qualifications. if the Association fails to give the notice within the time required, Declarant may select one expert from Declarant's list. If the Association gives a timely response, Declarant shall have five (5) days to select an expert from the Association's list. If Declarant fails to respond in a timely manner, the Association may select an expert from Association's list. If the Declarant responds in a timely manner and will not accept any expert from the Association's list, either party immediately may request that a Special Master as defined herein make the selection. The request shall include both lists, and the Special Master may select from either list or select an expert from outside the list. Any fees charged by the Special Master for this service shall be paid by the requesting party. For purposes herein, a "Special Master' shall be any person with at least three years' experience in construction defect litigation as a Special Master for a superior court in any county in California. The selection by the Special Master shall be binding on the parties. (1) The reasonable fees of the neutral expert shall be paid by Declarant. Once a neutral expert has been selected, the expert shall be given immediate access to the Common Improvements to inspect the Common Improvements. The expert need only inspect the areas that are readily accessible and shall have no responsibility for inaccessible areas or any problems that are not readily apparent upon a visual inspection of accessible areas. Variations from strict adherence to plans and specifications as modified by any change orders shall not be characterized as defects if the variations are considered minor, are of no consequence, and reflect good-workmanship and standard construction practices. The expert shall submit a report within thirty (30) days of completion of the inspection. The report shall constitute conclusive and binding evidence that, except as otherwise provided therein, and except for latent defects and building code violations, if any, the Common Improvements have been constructed in accordance with the plans and specifications as modified by any change orders. Declarant shall have a reasonable time thereafter to complete or correct any items noted in the report. 10/4106 60 TAWPWIN60kPROJECTS\CROSSROADS\DEC 10.04,06.00C ( . 1. Noti e: t r t l li r it or by mail. If delivery is by mail, it sha l be dee ed to have li t -t ( ) r co of the same has been deposit in the United Stat il fir t clas or regist r , r addresse to the person to be notified at the c rr t i r t t f t Board or addressed to the Condominium of such person if no address has been given t t t ry. . Inspecti and A cept e of Commo Area Impr ents: i ti 's i ti acc of the Co Ar Improv r i it t ing res: . -Through ection: f ll ti f I ts in the Project ("Co I pr l i ti i riti . it i fi (5) business days of the notice or such later date as is agreeable t t ti , t ti f iation a Decl t s for the purpos of inspecti an appr i the Co I and identifying any unco l t or incorr tl c l t it . it r t t t it t t t i r ne t l l ti t r ft r l ~ r t ite . No later than five (5) days aft r l tifi t i ti t t.it t or corr t the ite s, the ite s sha l be reinspect . . ral rt: I t i t i i t t on I vement co ted is not complet co re De l t pr t t i i ith a list of at l t t i neutral rt t i t l i . li t ll t i i of eac ex rt' li If the Association wi l not acce t any of t rt t li t, shall notify the Declarant within five (5) days f li t ll i l i li t l t list ll c t i ri ti ' li If the A sociation fails to give the nbti i i t ti r ir , l r t l fr ecl r t' list. If the Associ ti gives a ti l l r t s ll i t l an exp rt fr t Ust.If Decl r t il t r i ti l r, t i ti ay sel t a f i 's Ust. If the Decl r res in ti l r any expert fro the Associatio 's list, either party im ediately ay r t t t i l t i h r i ak t l The request sha l inclu b t li t , t i l t r l f it list or l t i l t r b i i For pur i i l t r" ll it at least three years' experience in construction defect litigation as a peci l aster f r ri r i lif The selection by the Special ast r ll i i t rti . ll l t. t l rt has been selected, the expert shall be given immediate t I t t i I pr The expert need only inspect t r t t r r il i l no respo i ilit for inaccessible areas or any proble s t t r t r il r t i l i tion ac l Variati from strict adher to pla and specifi ti orders sha l n t i i ti r i r i r, f ce, a refl " anship rd nstruction r ctices. rt ll it re wit i thirt ( l ti n tion. Th report shall con tit t l i bi i evide th t, exc t ot r i pr i t f l t t f t il i vi l ti if any, t I t i it t l s i . Decl r s ll ha a reas l ti ft r or c rr it i t re rt /06 :\ PWIN60\PROJECTS\CROSSROADS\ EC 10.04.06.DOC (2) On written request by either party, the expert shall reinspect such Common Improvements within thirty (30) days after the request to determine if such Common Improvements reasonably conform to the plans and specifications. Such reinspection shall be performed in the same manner as provided for in the first inspection and shall be limited only to those items contained in the report. Promptly after the reinspection is completed, the expert shall submit another written report (the "Reinspection Report") to Declarant and the Board specifying the defects specified in the report which have not been reasonably corrected, if any. If all such defects have been corrected, the Reinspection Report shall state that the Common Improvements reasonably conform to the plans and specifications described herein. The Reinspection Report shall constitute conclusive and binding evidence that, except as otherwise provided therein, the Common Improvements have been constructed in accordance with the plans and specifications described herein. Thereafter, Declarant shall have no further liability, duty or obligation with respect to such Common Improvements except to remedy any defects specified in the Reinspection Report. Additional inspections and Reinspection Reports may be made, if necessary, all in accordance with and with the same effect as provided hereinabove. C. Acceptance and Release: Within ten (10) days after completion of the inspection described in subparagraph A, and no material items need to be corrected or completed or within ten days after all material items have been corrected and completed as evidenced by a report or Reinspection Report, the Board shall accept the Common Improvements, or the portion thereof covered by the report, in writing and, if applicable, shall release in writing any and all rights under any and all payments and performance, labor and material and completion bonds or other security arrangements (individually and collectively the "Bonds") pertaining to the Common Improvements, or portion thereof. For purposes herein, items shall be considered material items if the cost to correct or complete the items exceeds $5000. D. Bond Release Disputes: Any disputes regardirig the release of the Bonds shall be resolved in accordance with the Bond escrow instructions or, if the instructions are not operative for any reason, in accordance with the provisions of Section 9.17. 9.13. Special Provisions Relating to Enforcement of Declarant's Obligation to Complete Common Area Improvements: Where the Project includes Common Area Improvements which have not been completed prior to the close of escrow on the sale of the first Condominium, and where the Association is obligee under a bond or other arrangement (hereafter "Bond") to secure performance of the commitment of Declarant to complete said Improvements, the Board shall consider and vote on the question of action by the Association to enforce the obligations under the Bond with respect to any Improvement for which a notice of completion has not been filed within sixty (60) days after the completion date specified for those Improvements in the planned construction statement appended to the Bond. If the Association has given an extension in writing for the completion of any Common Area Improvement, the Board shall consider and vote on the aforesaid question if a notice of completion has not been filed within thirty (30) days after the expiration of the extension. A special meeting of Members of the Association for the purpose of: (i) voting to override a decision by the Board not to initiate action to enforce the obligations under the Bond; or (ii) to consider the failure of the Board to consider and vote on the question shall be held not less than thirty-five (35) days nor more than forty-five (45) days after receipt by the Board of a petition for such a meeting signed by Members representing five percent (5%) or more of the total voting power of the Association. At such special meeting a vote of a majority of Members of the Association other than the Declarant shall be required to take action to enforce the obligations under the Bond and a vote of a majority of the voting power of the Association, excluding Declarant, shall be deemed to be the decision of the Association, and the Board shall thereafter implement this decision by initiating and pursuing appropriate action in the name of the Association. 10/4/06 61 TAWPWIN601PROJECTS\CROSSROADS\DEC 10.04.06.DOC rt l ct on I vements ithin irty ) f th req to deter if such Com Impro ts bly f r i tions. Such reins t pr i for in t fir t i i and sha l be li it ptly fter t rein tion i co ted, t e t s l su it a r n r rt (t i Report") to Declarant and the Board specifyi t ifi i t r co rected, if any. If all such defects have been corr t , t I pr reaso l confor to t l i i Report shall constitute conclusive and binding vi t t, I prov t have been constructed in acc r with the pl i ti r i Thereafter, Declarant shall have no further liability, duty or li i it r n I ents t ts cified i t e i spection eport. i al and Reinspection Reports may be made, if necessary, a l in it r . eptance e: l ti f t ti n i i su , and no materi l ite s ne t i ll ite s have been co rected and completed as evidenced by r rt ac t I pr or t rti , i if l , sha l relea in riti any a a l rig t t f r ance, t a co l bo or other sec rit ts (i ll ti ly t t I r f. r r r t it if t c t t corre t r it e utes: i i i it t B es r instr if i i s tive , i t . Special Provisio Relating to Enforc t of Decl t's Obl tion t lete on I vements: t r j i t i l prior to the close of escro on the sale of the fir t i ti t re f r nce t co itment t l s i I r the Board s ll i t to enforce the obligations under the Bondwith respect to any I r t f c l tion n be file wit sixt (60) day aft th co s fi d t I in the planne constr ti statement appended to the Bond. If the ss i ti in riti for the co pleti of any Common Area Improve ent, the oard ll t af i q if a noti of compl h not b fil it t i ( t i i . special meeting of Members f t i ti r se f: (i) t t t i iti t i f il f t r t a v t t l r r t f rt fi (45) days after receipt by f r ti ( t l ting er f the ssociation. ti a vote of a ajority of Me bers of the Association other than t l r t t e f r t li under the Bond an a j excluding Declarant, shall be d emed to be the decision of the ss i ti , reafter lement t is ision i ting ing propriate action in t e e f t iation. ; \. / 6 :\ PWIN60\PROJECTS\CROSSROADS\ EC .06.DOC On satisfaction of the Declarant's obligation to complete the Common Area Improvements, the Association shall acknowledge in writing that it approves the release of the Bond and shall execute any other documents as may be necessary to cause the release of the Bond. The Association shall not condition its approval of the release of the Bond on the satisfaction of any condition other than the completion of the Common Area Improvements as described on the planned construction statement. Any dispute between the Declarant and the Association regarding the question of satisfaction of the Conditions for exoneration or release of the security shall, at the request of either party, be submitted to arbitration pursuant to Section 9.17 of this Declaration. 9.14. Special Provisions Relating to Enforcement of Declarant's Obligation to Pay Assessments: Where the Association is obligee under a Bond or other arrangement (hereafter "Bond") to secure performance of the commitment of Declarant to pay Assessments on Units owned by Declarant, the Board shall consider and vote on the question of action by the Association to enforce the obligations under the Bond with respect to any of Declarant's Assessments which are delinquent for thirty (30) days. A special meeting of Members of the Association for the purpose of voting to override a decision by the Board not to initiate action to enforce the obligations under the Bond or such a meeting to consider the failure of the Board to consider and vote on the question shall be held not less than ten (10) days nor more than twenty (20) days after receipt by the Board of a petition for such a meeting signed by Members representing five percent (5%) or more of the total voting power of the Association. At such special meeting a vote of a majority of Members of the Association other than the Declarant shall be required to take action to enforce the obligations under the Bond and a vote of a majority of the voting power of the Association, excluding Declarant, shall be deemed to be the decision of the Association, and the Board shall thereafter implement this decision by initiating and pursuing appropriate action in the name of the Association. Upon satisfaction of the Declarant's obligation to assure the availability of funds to pay Assessments upon unsold Units as set forth in Title 10 Cal Code of Regs § 2792.9, the escrow holder holding the Bond shall return the Bond to Declarant, after delivery to said escrow holder of Declarant's written request for release of the Bond, and Declarant's written statement that [1] Declarant has paid, as and when due, all regular and Special Assessments levied by the Association against Units owned by the Declarant and that [2] 80% of the Units in the Project have been conveyed by Declarant, unless pursuant to Title 10 Cal Code of Regs § 2792.9, the Association delivers to said escrow holder its written objection to the return of the Bond to Declarant within forty (40) days after delivery of notice of Declarant's request from release and the statement to the Association. The Association shall not condition its approval of the release of the Bond on the satisfaction of any condition other than the payment of Assessments. If the Association delivers to the escrow holder of the Bond a demand for remittance of the Bond or a portion thereof, or the proceeds thereof to the escrow holder of the Bond, which demand is accompanied by a written statement signed by an officer of the Association that the Declarant is delinquent in the payment of Regular or Special Assessments which have been levied by the Association against Units owned by the Declarant, then all or some specified portion of the security as demanded shall be remitted to the Association upon the Declarant's failure to give the escrow holder within forty (40) days after receipt of delivery of the demand by the escrow holder, the subdivider's written objection to remittance of the security. Both the Declarant and the Association shall adhere and comply with the terms of escrow instructions with the escrow depository of the Bond, which shall be in the form approved by the Department of Real Estate, with respect to the holding of the Bond, the return or remittance of the Bond and other disposition of matters set forth in said escrow instructions with respect to the Bond. Any dispute between the Declarant and the Association regarding the question of satisfaction of the conditions for exoneration or release of the security shall, at the request of either party, be submitted to Arbitration as provided in Section 9.17.D hereof. 10/4/06 62 TAWPWIN601PROJECTSCROSSROADSZEC 10.04.06.DOC ( ti f ti f t Decl r o li t c t Co r I prove ents, the ss ci ti shall acknowledge in wr ting that it a proves the release of the Bond and shall execute any other docu ts t t . i ti s ll not condition its approval f t rel f t Bo on the sati f f c iti t r t t co pletion of the r Improvements as described on the planne t 9ti t t t. ny dispute between the eclara t th i ti re r t i f t iti s for exoneration or release f th sec rit s ll at th requ t of it rt itt t r itr ti rsuant to Section . . 4. Speci l Provi ions Rel g t Enfo ement of Decl r nt's ligation to Pay sses ments: t i ti i t r rr t ( reafter "Bond") to sec r rf r of th c it of Declar t t t its ned by eclarant, the oard s ll i r and v t t i ti n t f r t obligations under th it r t t i r li t f r t irty (30) days. A special ti f e r of th i for the purpos of v ti t rri cision by the Board not to initiate cti to enf r t obli u t ti t i r the failure of the oard t co i r the questi s h l n t les tha ten ( ) ys nor ore than t enty (20) days after r c i t by t oard f ti i bers representing fiv r t (5 ) r r t t t l ti i tion. At such special eeting a vote of a ajority f r of t oth r t t ll r ir t t k action to enforce the obli ti u r t a a vot of aj rit t i p r f t ss ciation, excluding eclar t, shall be de to b t i i f i ti , t r ll t reafter i ple ent t i i i by initi ti p r i ap r i i t of t ssociation. ti f ti of the Declarant's obligation to assure the availability f f s t pay ssess ents up l Units as set f rt in itl 10 al f . , t r older holding the Bond sh ll r t r t Bon to Decl after deli t i h l r f e l r nt's ritten request for rel s f th Bond. and Decl r writt st t [ ] l r t i , as and hen due. all re l r i l ss levied by t i t it y the eclarant and that [2] 80 f t nits in t j hav been c v by l r t, unless pursuant to itle 10 al ode of s . , the i i deliv r to sai r l it ritt j ti to the retum of the Bond to ecl r t it i f rt ( d aft deli f n ti f Decl t' r t fr release and the state t t t i ti The A sociation shall not condition its appr l of the r l se of the Bond on t i i of t t t f ss ents. If t i ti li to t r l r f r r itt nce of the Bond or a rti t r f, r t t r f t t l f t , i e and is acco panied by ritt t t t i by ffi f t t t l r t is linquent in the pay ent of l r r i l hic have b l vi t i ti inst nits o ned by the cl rant, t n ll r so sp p t s it de ed s all be re itted to the ssociation t l ' f i t i t l it i f rt ( ) ys after receipt of d liv r f t l ' itt j ti t r ittance of the security. oth t l r t a t sh l it t t r f scr instructions with t r it f t i ll i r t art ent of eal Estate, ith res t t t l i f . t m t r isposition of atters t f rt i i . i t t een the eclarant and the ss i ti regarding the questi of satisfaction of the c iti for exoneration or release of the security s ll, t t req t f i s t i r i i ction .17.0 hereof. / 6 :\ PWIN60\PROJECTS\CROSSROADS\ EC 10. . , 9.15. Use of Recreation Building by Declarant: Declarant shall have the exclusive use of those portions of the recreation building necessary for the conduct of work, sale, rental and other disposition of Units. This right shall terminate upon the sale of the last Unit in the Project, or upon such earlier date that Declarant ceases to offer Units for sale to the public under an expired Public Report. 9.16. Fair Housing. No Owner shall, either directly or indirectly, forbid or restrict the conveyance, encumbrance, leasing, or mortgaging, or occupancy of his Unit to any person of a specified race, sex, age, marital status, color, religion, ancestry, physical handicap, sexual orientation or national origin. 9.17. Dispute Resolution: The Board is authorized to resolve any civil claim or action through alternative dispute resolution proceedings such as mediation, binding arbitration, or non-binding arbitration proceedings. A. Claims for Declaratory Relief or Enforcement of Project Documents: Prior to the filing of an enforcement action for declaratory, injunctive, or writ relief in conjunction with a claim for monetary damages not in excess of Five Thousand Dollars ($5,000), the Board, or any Owner who seeks such relief, shall first endeavor to submit the matter to alternative dispute resolution in compliance with the provisions of California Civil Code sections 1369.510-1369.580. The Board shall comply with the requirements of California Civil Code section 1369.590 by providing Members of the Association annually with a summary of the provisions of Article 2 (commencing with Civil Code section 1369.510) of Chapter 7 of Title 6 (Division 2, Part 4) of the California Civil Code, including the following language: "Failure of a Member of the Association to comply with the alternative dispute resolution requirements of Section 1369.520 of the Civil Code may result in the loss of your right to sue the Association or another Member of the Association regarding enforcement of the Governing Documents or the applicable law" B. Design or Construction Defect Claims: Actions by the.Association pertaining to or based upon a claim for defects in the design or construction of Improvements within the Project against the Declarant, or any architect, engineer or other consultant, or any contractor, subcontractor or materials supplier engaged by or on behalf of Declarant for the design and/or construction of the Project, or any element thereof ("Claim"), shall be resolved and administered in accordance with Civil Code sections 1375 and 1375.05, as such sections may be amended, revised or superseded, from time to time. The Association and not the individual Members shall have the power to pursue any Claims for alleged construction defects in the Common Area or other Improvements or property within the Project that the Association is obligated to maintain or repair under this Declaration. Any recovery by the Association with respect to any damage to or defect in the Common Area or other Improvements or property within the Project that the Association is obligated to maintain or repair under this Declaration shall be utilized solely for the purpose of paying for the costs of obtaining the recovery and for correcting such damage or defect. If the Claim is not resolved by and pursuant to the subject to the provisions of Civil Code section 1375 and 1375.05, then notwithstanding the provisions of California Code of Civil Procedure Section 1298.7, the Claim shall be resolved in accordance with the proVisions of Section 9.17.D of this Declaration [Arbitration of Disputes). 10/4/06 63 T:\WPWIN6O\PROJECTS\CROSSROADS\DEC 10.04.06.DOC . Use of Recreatio Buildi by rant: use f r buildi neces t l t r iti n This right sha l terminate upon the sale of the last Unit in the Proj t, t to o fer Units for sale to th publi under a e i 6. Fair Ho ing. it r l l , f r id r r strict t , , l i , or mortgaging, or occupa of his Unit to ifi c l reli i anc tr physi l , ti al i . . Dispu Reso tion: ri d i il l i res l ti proceedi such i i i - inding i gs. . s t ry f rcement ject cuments: i r a enf nt acti for declar , i tive, it f j nction ith n t in exc of Five ll ( , t i to su it t tt i ti li ce isions f C r ia Ci i Cod secti 136 -1369.580. The oard hall ply t t t li Civil Code secti 136 . r iation r i i of Article ( i ith Civil od ti . f l ( i Part 4) of the Californi Ci il i ll ing language: " r er t Ass i to comply with the alternati disput resol r ents S t i il o may result in t l i tion r t er i ti n r enf r of t li le ( . n truction t s: i s t ciation i i r fects ti n I t withi the Proj t th ecl r it ct, r t, sub t r t lf t i c ti n of the Proj a el th ( "), l r in r with Civil Code sections 1375 and 1375.05, as s , r ded, t ti " ti n an not the individ l defect in the Common r r t I r i is obligated to maintain or repair under this Declaration. Any r r t to or defect in the Co Ar or other Impro t j t t t i ti is obligated to maintain or repair under this Declaration s l tili l l f th costs of obt i i t r . If l is not resolv by a t i . , then notwithstanding the provisions of California Code f i il l s be resolv in a cordanc wit the provi of Secti 0 thi Decl ti ). / 6 IN60\PROJECTS\CROSSROADS\ EC a S 00C C. Notices to Members of Legal Proceedings Against Declarant. In accordance with Civil Code Section 1368.5, at least 90 days prior to filing any civil action, including arbitration, against Declarant or other developer of the Project for alleged damage to (i) the Common Area, (ii) all or portions of Units which the Association is required to maintain, or (iii) the Units which arises from or is integrally related to alleged damage to the Common Area or all or portions of the Units which the Association is required to maintain, the Board shall provide written notice to each Member specifying each of the following: a civil action; and (1) That a meeting will take place to discuss problems that may lead to the filing of (2) The options, including civil actions, that are available to address the problems; (3) The time and place of the meeting. If the Association has reason to believe that the applicable statute of limitations will expire before the Association is able to give notice, hold the meeting and file the civil action, the Association may file the civil action first and then give the notice within thirty (30) days after filing of the action. D. Arbitration of Disputes: If a dispute is the subject of binding arbitration under this Declaration, the following shall apply: (1) costs and fees of the arbitration, including ongoing costs and fees of the arbitration shall be paid as agreed by the parties, and, if the parties cannot agree, as determined by the arbitrator; provided, however, if the Declarant is a party to the arbitration, then any fee to initiate arbitration shall be paid by Declarant, but the cost of arbitration shall ultimately be borne as determined by the arbitrator; (2) a neutral and impartial ihdividual shall be appointed to serve as arbitrator, with the arbitrator to be selected by mutual agreement of the parties. If the parties .are unable to agree on an arbitrator within fifteen (15) days after any party initiates the arbitration, a neutral and impartial arbitrator shall be selected by JAMS. In selecting the arbitrator, the provisions of §1297.121 of the Code of Civil Procedure shall apply. An arbitrator may be challenged for any of the grounds listed in §1297.121, or in §1297.124 of the Code of Civil Procedure; (3) venue of the arbitration to be in the County, (4) the arbitration shall commence in a prompt and timely manner in accordance with (1) the Commercial Rules of JAMS, or if the rules do not specify a date by which arbitration is to commence, then (ii) by a date agreed upon by the parties, and if they cannot agree as to a commencement date, (iii) a date determined by the arbitrator. The arbitrator shall apply California substantive law in rendering a final decision. The arbitrator shall have the power to grant all legal and equitable remedies and award compensatory damages. When the arbitrator is prepared to make the award, the arbitrator shall first so inform the parties, who shall have ten (10) days to attempt to resolve the matter by a binding agreement between them. If the parties resolve the matter, the arbitrator shall not make any award. If the parties do not so resolve the matter within the ten (10) day period, the arbitrator shall make the award on the eleventh day following the arbitrator's notice of being prepared to make the award; 64 10/4/06 TAWPWIN601PROJECTS\CROSSROADS\DEC 10.04,06.DOC ( ( c s ings inst l rant. I il 1368. at least 90 days prior to filing any civil actio , includi arbitr t or ot r developer of the Project f r l d t ( (ii) ll t s i ti is required to aintain, or ( i) the Units i fr r i i t to the Common Are or a l or porti of t i i i , t Board sha l provid ritt n ti to each e r f ti i l take place to i r l that ay lead t i ; including civil ti s, t t I t ti n has reaso to belie that the applic st t li i i is able to give notice, hold the e ti and file t i il fil i the give t notic it i t i ( t i . itration utes: If j t i i , t f ll t th ar i , i g' ing t ti n b p i as agr by t p rti if t rti t r i however, if the Declara t is a party t t ll p i by Declar but the cost of arbitrati sha l ulti b a det t r; i i l in'dividual sha l i t t r t r t s l t If the parties .are t it i fifteen (15) days after any party initiates the arbitration, a neutral i rti l i y J . In s l ti t t r i i An arbitrator may be cha leng for any of th gr li , i i ; t i t ; i i l i) the ercial les f S, r if ti n th ( i) by a t r u by t rti , if t ce ent , Hi) dat deter b th ar i r. The arbitrator sha l apply Calif r sub i fi i i The arbitrator shall have the power to gr t ll l da ages. hen the arbitrator is prepared to t t r it rti , ho sha l hav t ( ) t t t t If the parties resolve the matter, the arbitrator shall not make any a ard. If the parties tt r it i t t t i r i noti of i r t ak t :\ P I \PROJECTS\CROS ROADS\DEC . 6.DOC (5) the arbitration shall be conducted in accordance with the Commercial Rules of (6) the arbitration shall be conducted and concluded in a prompt and timely (7) the arbitrator shall be authorized to provide all recognized remedies available .in law or equity for any cause of action that is the basis of arbitration; (8) A judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of the award and an order of enforcement. The parties agree to be bound by the decision of the arbitrator, which shall be final and non-appealable. (9) Preliminary Procedures. If state or federal law requires an Owner, the Association or Declarant to take steps or procedures before commencing an action in arbitration, then the Owner, the Association or Declarant must take such steps or follow such procedures, as the case may be, before commencing the arbitration. In addition, nothing contained herein shall be deemed a waiver or limitation of the provisions of California Civil Code Sections 1368.5, '1375, 1375.05 or 1375.1; (10) Participation by Other Parties. An Owner, the Association and Declarant, to such extent any such party is defending a claim in the arbitration, may, if it chooses, have all necessary and appropriate parties included as parties to the arbitration; (11) Federal Arbitration Act. Because many of the materials and products incorporated into the home are manufactured in other states, the development and conveyance of the Property evidences a transaction involving interstate commerce and the Federal Arbitration Act (9 U.S.C. §1 et seq.) now in effect and as it may be hereafter amended will govern the interpretation and enforcement of the arbitration provisions set forth herein; (12) ARBITRATION OF DISPUTES. BY EXECUTING THIS DECLARATION, DECLARANT AND BY ACCEPTING A DEED TO ANY PORTION OF THE PROPERTY, EACH OWNER AND THE ASSOCIATION SHALL BE DEEMED TO HAVE AGREED TO HAVE ANY DISPUTE DECIDED BY NEUTRAL ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT AND THE CALIFORNIA ARBITRATION ACT, TO THE EXTENT THE CALIFORNIA ARBITRATION ACT IS CONSISTENT WITH THE FEDERAL ARBITRATION ACT, AND DECLARANT, THE ASSOCIATION AND EACH OWNER ARE GIVING UP ANY RIGHTS DECLARANT, THE ASSOCIATION AND EACH OWNER MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT TRIAL. DECLARANT, THE ASSOCIATION AND EACH OWNER ARE GIVING UP JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS "ARBITRATION OF DISPUTES" PROVISION. IF DECLARANT, THE ASSOCIATION OR ANY OWNER REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, DECLARANT, THE ASSOCIATION OR SUCH OWNER MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE .. • OF CIVIL PROCEDURE. 9.18. Number; Gender: The singular and plural number and masculine, feminine and neuter gender shall each include the other where the context requires. JAMS; manner; 10/4/06 65 T:\WPWIN60\PROJECTS\CROSSROADS\DEC 10.04.06.DOC ( S; ) itration s cted i rdance mercial l s f nner; ) itration all ducted d cluded pt ti ly ( \ ) itrator ll t orized vide l gnized dies ilable .i l e t f a e i n t is t b itration; ) j dgment rd ered itrator tered y rt i g i diction o lication b t rt icial eptance rd r rcement. p a to b ision itrator, ich l i al -ap eal ble. ) liminary rocedures. te fe ral la r ires er, ociation rant t t o dures re encing tion itration, n er, t ciation rant t ll h edures, e , fore encing itration. ition, thing ntained erein hall emed iver r l itation of t pr i ns of rnia Civi C S s 136 , 1 , 1 . 5 .1; ) ticipation t er rties. r, ociation clarant, t s p i nding a cl i t itration, , i ooses, e ll ces ary ropriate p s i ed p i s t t r tion; ) deral rbitration Act. Be use y o th mat ials a pr cts i rporated i t h a m factured i ot r t s, t d lopment d veyance f rty e ces a tra tion inv l interst co and the Feder Ar ti n ( . . .) i t i y reafter ended il overn t e i terpretation nd enforcement f itration isions t t in: ) BITRATION F I PUTES. B EX TING T D ARATION, LARANT EPTING Y TION PERTY, CH NER CIATION L D REED VE Y I PUTE IDED AL ITRATION I RDANCE AL ITRATION T D LIFORNIA BITRATION ACT, O E E NT CA IFORNIA ITRATION CT I SISTENT I T F L A I ATION , ARANT, OCIATION D H R S ARANT, SOCIATION D CH NER I HT SES E DI TE IGATED I URT IAL. DE RANT, CIATION ICIAL TS OVERY D PPEAL, ESS E RI S IFICAL Y I UDED I I " BITRATION UTES" VISION. IF DECL ANT, T AS IATION ER SES MIT ITRATION A ING T T P I N, D RANT, T CIATION H ER M B C LED T A I ATE ORITY LIFORNIA DE IL EDURE. . ~, .18. Nu er; nder: The singula and plural nu r an ma line, f inine ter der ll e in th ot r t c xt r ires. / 1 6 IN60\PROJECTS\CROSSROADSI EC D. D . 9.19. " Power of Attorney: Each Owner, by accepting and recording a grant deed to a Condominium in the Project, is deemed to constitute and irrevocably appoint Declarant, for so long as Declarant owns all or any portion of the Project, as Owner's attomey-in-fact, for Owner and for each of Owner's mortgagees, optionees, Owners, licensees, trustees, receivers, lessees, tenants, judgment creditors, heirs, legatees, devisees, administrators, executors, legal representatives, successor and assigns, whether voluntary or involuntary, and each Owner is deemed thereby to have conveyed to Declarant a special power of attorney coupled with an interest authorizing Declarant to act as each Owner's attorney in fact to prepare, execute, acknowledge and record any amendment to or restatement of a Condominium Plan, as Declarant deems to be reasonably necessary in order to correct errors, to conform to as-built conditions, or to bring the Condominium Plan into compliance with any city, county, state or federal laws or regulations. The acceptance or creation or any Mortgage or other encumbrance, whether or not voluntary, created in good faith, or given for value, shall be deemed to be accepted or created subject to each of the terms and conditions of the power of attorney described in this section. 9.20. "General Rules": This Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for creating and operating a residential condominium development and maintaining the Common Area. As used in this Declaration, the singular includes the plural and the plural the singular. The masculine, feminine and neuter each includes the other, unless the context dictates otherwise. 9.21. "Articles, Sections and Exhibits": The Article and Section headings have been inserted for convenience only and may not be considered in resolving questions of interpretation or construction. Unless otherwise indicated, any references in this Declaration to articles, sections or exhibits are to Articles, Sections and Exhibits of this Declaration. 9.22. "Priorities and Inconsistencies": If there are conflicts or inconsistencies between this Declaration and the Articles, Bylaws and Rules, or Condominium Plan, then the provisions of this Declaration shall prevail. 9.23. "Severability": The provisions of this Declaration are independent and severable. A determination of invalidity or partial invalidity or unenforceability of any one provision of this Declaration by a court of competent jurisdiction does not affect the validity or enforceability of any other provisions of this Declaration. 9.24. "Statutory References": All references made in this Declaration to statutes are to those statutes as currently in effect or to subsequently enacted replacement statutes. IN WITNESS WHEREOF, the undersigned, being the Declarant, has executed this Declaration this day of , 20_. Pacifica Milpitas LLC, a California limited liability company By: PAC Milpitas Inc., a California co • • rat. Its General Ma =ger By: ftLik Deepak Se retary 10/4/06 66 MWPWIN601PROJECTS\CROSSROADS\DEC 10.04.06.DOC ( . er At rney: ner, y cepting and cording a rant eed inium i t r is de t c t i bly int l rant, for r nt a porti of th Proj r's y-in-fact, f r ner d r r's ees, es, , li s, t es, r rs, l s, t t , j nt heirs, legatees, devisees, administrators, . l r , t er r i r , t of att r c l ith an int r t ' t pr ex ac a r ent nt inium De l d t be reason l ry , r ilt , or t bri t Plan int it i r l . The a ceptance or creation or any ort , r , i f it r gi f r val , s ll . ject f t po f att r i . . "Gener Rul ": ll li r l y trued t ff ctuate i l i ential do inium lop ent i t ining As used in this Declaratio , t i i l t l l r. f i an neut r ea incl i . . "Articl Sectio and Exhi its": l t i ce l not be consi i r i ti n tr ction. t i indicated, any references in this eclar ti to articl , sectio or i it r t i . . "Priori and Incon tencies": I i cies l and the Articles. Bylaws and Rules,or i i Plan, t t i i ll il. . "Sever ility": i ns f t is claration re i dependent and severable. of invalidity or partial invalidity or f of a y r i i f t i l i y t nt j i d not aff t l ility r i i ns t tion. . "Statut y Refer ces": s ti n t t s c rr i f r t s t ent t . I S EOF, ___ y f , 0_. , i any il itas Inc., a alifornia co rati I ral a / 6 T:\WP I \PROJECTS\CROSSROADS\ EC 10. Notary Public, State of California STATE OF CALIFORNIA COUNTY OF z On this AO day of UG a /". , 20t , before me, 1' /IC 4:1 , a notary public for the state, personally appeared ineept•e-- 2:S/-4 i , known to me Oflaffhged419-Rie-en-the -easis-gf-setisfeeteryevidenee to be the person(, whose name(') is/are subscribed to the within instrument, and acknowledged to me that he/sheithey executed the same in his/heritheir authorized capacity(ies), and that by his/hefitheir signature0 on the instrument the person(, or the entity upon behalf of which the person(§4 acted, executed the instrument. ) ss. ) WITNESS my hand and official seal. LINDA PATTON Commission # 1466507 Notary Public - California San Diego County - My Comm. Expires Jan 29, 2008 10/4/06 67 T:\WPWIN60\PROJECTS\CROSSROADS\DEC 10.04.06,DOC TE F LIFORNIA ) 55 COUNTY OF 5Jf,yL {}, e.;j . . ) n this I tJ day of ~Chtu/ !l. , before , L(~cb !J.lltJ..--. t , ll Dee~ lS/~A i I n to me or pro'led to ffiO OF! t b ..of8otisf lctory i ce the personG8) na c" is/are subscribed to the ithi i tr l d t t t h / /t t i is/herftfteir i fi ). t i /hefltfteir ignature(i} on the inst t t e rson(~. or the entity upon beh l of whi t ~ acted, ted i . ITNES /06 IN60\PROJECTS\CROSSROADS\ EC . t t i BENEFICIARY'S ACKNOWLEDGMENT WASHINGTON MUTUAL BANK, a federal association, successor in interest by verger to Commercial Capital Bank, FSB, a Federally Chartered Savings Bank, being the beneficiary under that certain Deed of Trust: recorded March 14, 2006 as Instrument No. 18842547 of Official Records in the Office of the County Recorder of Santa Clara County, California. pursuant to CALIFORNIA CIVIL CODE §1351(e), hereby consents to and acknowledges the recordation of that certain "CROSSROADS' DECLARATION OF COVENANTS AND RESTRICTIONS ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP, in the Office of the Recorder of Santa Clara County, California, to which this Beneficiary's Acknowledgment is attached. DATED: /CP-.2/<- , 2006 WASHINGTON MUTUAL BANK, a federal association By: 1e Amu, (Print Name & Title) p. C. &is niblian (Please Attach Proper Notary Certificate) 10/4/06 68 TAWPWIN601PROJECTSCROSSROADSDEC 10.04.06.DOC ItliMk1=1=1/,1 A rs•v.e• A "1,11.1/".%111/1 crkneismirr I • ( I Y'S LEDGMENT . . a no n n r Capital Bank, FSB. a Federally Cha t red Savings Ban ficiary der t in t: r d r h , Instr t 547 of f icial rds ffice ty rder ta r ty, lifornia. ursuant to CALIFORNIA CIVIL CODE §1351 (e), hereby onsents nd ac nowledg s the r cordation of t t cer in " SSROADS' LARATION C ANTS TRICTIONS ABLISHING P OMINIUM O SHIP, t ice of th Re rder of San Cl t , California, to which this Benefici r ' Ack nt d. : ,2006 ( . R ~~~~~~ R-(:.~ft~~ ( t Tit tach r r icate) :\WPWIN60\PROJECTS\CROSSROADSI EC 1 . C ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF Los Angeles On October 26, 2006, before me, TM Johnson, Notary Public, personally appeared RC McMillan, personally known to me evidence) to be the person(s) whose name(s) islefe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/I:keg-di& authorized capacity(ies), and that by his/her-leif signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. [SEAL] Document: Crossroads CC&R - URPOSE LEDGEMENT IA ) les ) ber , r i , lly red il an, ll (or proved to me on the eoois ofsatisfaetory y o t t W f j i ffife t to e that helshe/the executed the same in his/her/their t rized it tiesj, lR /ti:leirsignaturefsj on the instru e t, the pers f r t f t. ( i \; s l t: r ads ILLEGIBLE NOTARY SEAL DECLAK I ION (Government Code 27361.7) I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICHTIUS STATEMENT IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY: -rt yy), JO‘/Ite)_sm/i COMMISSION NUMBER: 155403- 9 (IF APPLICABLE) DATE COMISSION EXPIRES: VV), ,Nrc.,(c) 5) zauel STATE: C 1.-147)N r1/1 COUNTY: L03 .07,14) PLACE OF EXEC TION OF THIS DECLARATION: DATE: 10 \" \ 01' SIGNATURE: UtJ uth.9-0-kr-.) AGENT FOR: -1-1-14. Co. ( ( ~YS~ ernment ode 7361.7) . I CE TIFY ER L V JURY T RY S AL · T E UMENT HTHIS ENT I ED ADS S LLOWS: ~. E F TARY: t.JCl) )O~~SVV1 C 1.mSSION BER: '\?Sft;, '6" Cj I ICABLE) DATE C MISSION PIRES: V'\&Yc.J,.,S j 2cJDq" , E: &l.tw\/\ \~ : . QS ~.s-- ~ I~N OF THI DEC <\ I : __ ----------~J O5!l-l CA : NATURE: NT : ~+ il~ O RECORDING REQUESTED BY: Stewart Title Company of California WHEN RECORDED MAIL TO: )ert Rutherford, MPA ..sistant to the President Pacifica Companies 1785 Hancock St., Suite 100 San Diego, CA 92110 321113 1 3- DOCUMENT: 19220966 i 1 iii id VD REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Stewart Title of California Fees.. . Taxes .. Copies . AMT PAID 22 . 00 RDE # 003 1 2/ 1 1/2006 1:15 PM Pages: 6 22 . 00 FIRST AMENDMENT TO CROSSROADS DECLARATION OF COVENANTS AND RESTRICTIONS ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP DOCUMENT TITLE SEPARATE PAGE PURSUANT TO GOVERNMENT CODE 27361.6 ING TED UMENT: 220966 t art tle pany lifornia ges: I~IIIIII rJII ~ UIUIIll ~EN ED ... .1313( . J Rut , s .. ."sist t t r t es . i a anies .130 1 NA MENORAS , A A TY ORDER ROE ** 13031/ 13136rded st J: 15 PM 4t 31 - art e fornia I DMENT SROADS ARATION NANTS ICTIONS LISHING OMINIUM RSHIP T S P RATE E SUANT ERNMENT E 1.6 Recording Requested By: After Recording, Return to: FIRST AMENDMENT TO CROSSROADS DECLARATION OF COVENANTS AND RESTRICTIONS ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP THIS FIRST AMENDMENT TO DECLARATION, made as of December 2006 by Pacifica Milpitas LLC, a California limited liability company, hereinafter referred to as "Declarant," is made with reference to the following facts: A. Location of Property. Declarant is the Owner of certain real property (the "Property") located in the City of Milpitas ("City"), County of Santa Clara ("County"), State of California, more particularly described as "Tract No. 7689 Indian Hills" on that certain Map filed for record in the Office of the Recorder of Santa Clara County, California, on October 17, 1985 in Book 550 of Maps, page(s) 40 and 41. B. Declaration. Declarant made and recorded the Crossroads Declaration of Covenants and Restrictions Establishing a Plan for Condominium Ownership for the Property, which Declar tion was filed for record in the Official Records of Santa Clara County on Novi.p.finel ir 2 , 2006 as Document No.iq I 01 S37 (the "Declaration"). C. Intention. Declarant desires to amend the Declaration to revise Section 3.5 as set forth in this First Amendment. Now, therefore, Section 3.5 of the Declaration is amended and revised to read as follows: 3.5 Classes of Voting. The Association shall have three (3) of voting membership: A. Class A: Class A Members shall be all Owners with the exception of the Declarant (as defined in the Declaration) and shall be entitled to one (1) vote for each Unit owned. When more than one (1) person holds an interest in any Unit, all such persons shall be Members. The vote for such Unit shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Unit. Page 1 of 5 CADocuments and Settingsldisrankocal Settings\Temporary Internet Flles\OLK1\ FIRST AMENDMENT TO DECLARATION 12 04 06.doc ( , ENT CR S D TION C RE LISHING I I I ENT DE I N, f Dec ~, i lif li i li i , fter " t," t t f : . cation Pro ty. larant is O r o cert real pro t (th rty") t d i il i (" it f l (" ), i , l " I i tain l d r i t Offi of the Recor of Sant Clar Co , i , ,1985 i . l ration. larant ade rec d th Crossr s De r tion nts ti s li ing i i r hip , .ch ?ti a fil for recor in the fi i l Rec f l t 1JovpJW'\i2elC 2- t o.1Sj ft;15 ~ (t ti n"). tion. l r nt ires d r tion i tion . t. , refore, i n tion i ed r ed t r llows: ses ing. i ti n ( i : s rs ll r ti n l rant s fined i l ration) and hall e titled t . Whe more than one (1) pers hold a inter in a it, all s rs. The vote for such Unit sha l be exerci as they amon the i , :\ ocuments tti gs\disrani\local Settings\Te Internet Flles\Ol \FIRST ENT TION 04 c Pacifica Milpitas LLC, a California limit liability company By: PAC Milpitas Inc., California cor ration, Its General Ma r ager By: Deepak rani, Secretary B. Class B: The Class B Member shall be the Declarant, whose voting rights shall be the same as for Class A memberships, except that the Class B Member may triple its votes for each Unit owned. The Class B membership shall cease and be converted to Class A membership upon the happening of either of the following events, whichever occurs earlier: (1) when the total votes outstanding in the Class A membership equal the total votes (tripled as stated above) outstanding in the Class B membership; or (2)on the second anniversary of the first conveyance of a subdivision interest in the Project pursuant to a Public Report. During the time that both Class A and Class B memberships are outstanding any action by the Association which must have the approval of the Members before being undertaken shall require the vote of a majority of a quorum of both the Class A membership and the Class B membership, or written assent of a majority of both the Class A membership and the Class B membership. Where the vote or written assent of each class of membership is required, any requirement that the vote of Declarant be excluded is not applicable, except as provided in the Declaration. After the conversion of Class B membership to Class A membership, any provision herein requiring the approval of Members other than Declarant, except as provided otherwise in the Declaration, shall mean the vote of a majority of a quorum, or written assent of a majority of the total voting power of the Association (including Declarant's vote(s)) and the vote of a majority of a quorum, or written assent of a majority of the total voting power of Members other than the Declarant. C. Class C: The Class C Member shall be the Declarant. The Class C member shall have the following rights: Declarant is a Class C Member. The Class C membership shall not be considered a part of the voting power of the Association except for the purpose of electing a majority of the members of the Board pursuant to the following provisions: (1) The Class C Member shall be solely entitled to elect a majority of the members of the Board until the day after the first annual meeting of the Members of the Association as further provided in the Bylaws; (2) Provided, however, that during the initial three-year terms of the respective Board members elected by the Class C Member, the Class C Member shall be entitled to replace any Member of the Board so elected by Declarant using its Class C membership upon the death, resignation or removal of any such Board member. IN WITNESS WHEREOF, the undersigned, being the Declarant, has executed this Declaration this 01 day of bece#n1-)e,/ , 20(.2‘ Page 2 of 5 C:\Documents and Settings \clisranilocal Settings\Temporary Internet Files\OLK1IFIRST A NDMENT TO DECLARATION 12 04 06.doc ( . ss : The Cla s B Member sha l be the Declarant who voti t f l i , f ea Unit ow . The Cla s B member s ce a be con t d rship ing i f the fo lo i eve t whi r oc i r: t i g i t Cla me i (t io i i r ip; th se a ry t fir con a sub i i r j t ti t b t l a l B e r o t i ti n t l t i ire a maj of a quor of bot the Clas A me ip t l ership, itt n nt it t l ip ership. here t e t t e cl of me ip i re , i ent t f De l e i l , pr ti n. After the conversi of Class B me b r to Cla e , r r t a f t t l pr i ti n, , t t i (i ' » t r i f j f t t t l e t t t. . s ber all D nt. i t i l l i l r i t i ti n t i it r : ) bers f rd til af t fir ann l i g t Me rs t i tion f i ) i ed, ever, t at ring i l ree·vear t t ective ard bers elected by the l ss er, s M r l titled r l ce y ber f t B s el d b De nt i g l i t r l . I , t u , t l t i l is b":l. day o b('lCe/(\w 20Qk, rati ~ i C Milpitas Inc., lifornia cor It l a cuments ltings\disrani\Local l ings\Tempora y Internel Files\OLK1\F RST A NOMENT TO DECL I N 12 I \, U )1,,UMIYMA of ry Public, State of California STATE OF CALIFORNIA • ss. COUNTY OF car Vit5o On this tD day of..PCO IARN. K.204,0 before me, DALLAtil VY1ER , a notary public for the state, personally appeared De2 90 k ISFAikii: known to me or proved to me on the basis of satisfactory evidence to be the pe ori(s) whose name(s)jare subscribed to the within instrument, and acknowledged to me that she/they executed the same in tTie her/their authorized capacity( s), and that b I /her/their signaturef,k)' on the instrument the persog(al, or the entity upon behalf of which the person s) acted, executed the instrument. WITNESS my hand and official seal. DAWN M. HUMMER COMM. #1390148 NOTARY PUBLIC-CAUFORNIA SAN DIEGO COUNTY 2 My Commission Expires JANUARY 12, 2007 Page 3 of 5 CADocuments and Settings\disrankocal Settings\Temporary Internet Files1OLK1\ FIRST AMENDMENT TO DECLARATION 12 04 06.doc ( IA ) ) 55 UNTY OF ~(.Cf1 D ,t.~(} ) n this£ day of DJlfO ~ ~ b f [)qwKff ,\-\ommeR ll -=={Se~~11 I RF\I\l\: t i f tisfactory evidence to be the p~~o (s) hose name(s@are subsc i t t it in i ent, d owledged to t ~she/they ted tli sa in @her/their t orized apacity(~), t ~/her/their si ~ on the i trument the rsorW51. i t {'S) t i t. I~_... DA N . ER 1 T'" • ~ Ii. 8UC-CAUFORNIA £I lY nL: ;. i sion t a •• .•.• _ .-... IV,,";~~UARY 12,?OO7 J" :\ ocuments tti s\dlsrani\L l Settings\Te p Internet Files\ FIRST ENT ATION 04 . c BENEFICIARY'S ACKNOWLEDGMENT WASHINGTON MUTUAL BANK, successor in interest by merger to Commercial Capital Bank, FSB, a Federally Chartered Savings Bank, being the beneficiary under that certain Deed of Trust: recorded March 14, 2006 as Instrument No. 18842547 of Official Records in the Office of the County Recorder of Santa Clara County, California. pursuant to CALIFORNIA CIVIL CODE §1351(e), hereby consents to and acknowledges the recordation of that certain FIRST AMENDMENT TO CROSSROADS' DECLARATION OF COVENANTS AND RESTRICTIONS ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP, in the Office of the Recorder of Santa Clara County, California, to which this Beneficiary's Acknowledgment is attached. DATED: December 7 ,2006 WASHINGTON MUTUAL BANK By: , .1 'Signature Susan Johnson, Vice President Print Name and Title (Please Attach Proper Notary Certificate) Page 4 of 5 I C:\Documents and SettingsklisranALocalr§titasrfamtylgegiekridiekttMfarENT TO DECLARATION 12 04 06.doc I I Y'S LEDGMENT ( NGTON L ces or erest a rger Capital Bank, FSB, a Federally Chartered Savings Bank, being th ' iciary der that rtain eed f Trust: recorded arch 14, 2006 I ent . ficial ords e ice of th Cou ty Rec er of San Clar Cou , Cali rnia. ursuant to ALIFORNIA CIVIL ODE 351 (e), h reby c nsents o an cknowledges the ecordation of t at cert in IRST AM NDMENT TO OS ROADS' ECLAR TION F COV ANTS AND RESTRICT NS TABLISHING PL FOR COND INIUM OWN SHIP, i t e Of ice o th order of Santa Clara County, California, to which this Beneficiary's Acknowled nt is . ATE : D_ec_e_a_b_e_r_7 •2006 NGTON AL ( an hnson, ce esident ch r r ficate) C:\Docume a d Seltlngs\disrani\LOCaIB~et3"lUfflRVI~"~~f..'E!m3~MENT TO DECLARATION1204 Oe.doc STATE OF CALIFOR IA fr ) ss. On this day of DeeivAle-t- , 20Obeforene,A a notary public for the state, personally appeared ---3/1-fer>t known to me or proved to me on the basis of satisfactory evidence to be the person(s ose nameXare subscribed to the within instrument, and acknowledged to me that hei,65./t ey executed the same in his/0their authorized capacity(.ies), and that by hisi5githeir signature,*' on the instrument the personcs< or the entity upon behalf of which the person(53 acted, executed the instrument. WITNESS my hand and official seal. c / / ot Na7 /fr o, pu State of California COUNTY OF MARY A. JOHNSON Commission • 1392603 Notary? Public COMM° OranCie Coun* My Comm. Wires Jeri 3, 2007 Page 1 of 5 C:\Documents and Settings\disrani\Loc,a1Settings\Temporary Internet Files \OLK11FIRST AMENDMENT TO DECLARATION 12 04 06.doc / ( STATE OF CALlG:FOR IA ) ,£/ )55. UNTY ~ ) J!:!:day & Yrlk 2<4befOrtj.(Tle.~ !J:hiMt!>/, t st p r r d .Jk.Jtt>t 't!JAn4d7( , pr t on the basis of satisf t p }.-'«b.ose eM~re ubscribed to the w thi instrument, and acknowl t t /@e/th ted t e a e in his/t[Qth i authorized capacit ~, and that by hisl6ef1their signature,(.8Y th instr t th pers < r.' th entit upon behalf of which the person(sY act t i t. ( ~ Nota cuments \ israni\Local i s\Temporary Int File \ LK1\FIRST AMENDMENT LARATION 04 oc BERDING & WEIL, LLP 2175 N California Blvd Suite 500 Walnut Creek, California 94596 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT B 15d' APN: 08842-2.211 ATC Assessment Colledirp Group, LLC 1451 River Park Drive, Suite 12S Sacramento, California 95815 (916)641-1410 WIlial RECORDED MAIL TO: AND Pc 44.1T,5 cur,,,st-€1 Tide Order Na.: 91207503 document was electronically submittedto Santa Clara County for recording" 23624609 Regina Alcomendras Santa Clara County - Pert-Retarder 04/13/2017 01:38 PM Titles 1 Pages 4 Fees $34.00 Tax SO Total S34 00 If AEI 410 let 100 LANE rout 1111C0 Mari VEL NOTICE OF DELINQUENT ASSESSMENT This NOTICE OF DELINQUENT ASSESSMENT Is given pursuant to California Civil Code Section 5675 and/or the provisions or the Declaration of Covenants, Conditions and Restrictions (CC&Rs) of. Crossroads Cendomlniem Owners Association, which CC&R's recorded on; 11/2/200 Institut:lent No: 19167537 , Book: , Pose: , County of Santa Clara, Slate of California and any and all amendments or annexations of record thereto. The description of the c ommon interest development unit against Which this notice is being recorded is as follows: Legal Unit No.: 291, Lot No.: J, Block/Tract 7689 Indian Fills, [kola 550, Page: 40.& 41. Record Owner. !prase A, James Common Address: Mailing Address: 488 Dempsey Road t/291 Milpitas, CA 95035 4116 Dempsey Road #291 Milpitas, CA 95035 DELINQUENCY Amount Due as of 4/12/2017 j S20,65S.52 For an Itemization of these amounts, see Exhibit "A" attached hereto and incorporated herein. Additional amounts shall accrue under this claim nt the rats of the .Association's periodic assessments or special assessments, plus permissible late charges, costs of collection and interest, and other assessments, if any, that shall accrue subsequent to the date of this notice. TS No.: 20174333 Should the association named herein request to have the lien treated by this notice enforced try non- judicial foreclosure and sale, as provided in California Civil Code Section 5675(c) and 5675(d), the trustee authorized to enforce the lien she,/ be: ATC Assessment Collection Group, LLC 1451 River Park Drive, Suite 125 Sacramento, California 95815 (916)641-1410 Dated: 4/12/2017 Crossroads Condominium Owners Association Nicole Thortaberry. Collection Representative Authorized representative of management body A notary public or other officer completing this certificate verifies only the identity oldie individual who signed the document to which this cznificate is attached, and not the truthfuln5ss, accuracy, or validity ofthat dconunent. STATE OF California COUNTY OF Sacramento Ott D4-.17'11 before me, Kristen Etardin, o Notary Public, personally 'power/ Nicole Thorasberry who proved to me on the basis of satisfactory evidence to the person(s) whose camels) Ware subscribed to the within instrument and acknowledged to me that liehiseithey executed the ware in his/her/their authorized capenity(ies), end that by his/ter/their signature(s) on the Instrument the person(s), or the entity upon behalfofwhich the person(s) acted, infecund the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WTFNESS my hand and official seal Signature I , :P)CiiMMA..(Seat) Kristen Bardlo, Notary Public Notify Pollk Calfict;ali Deneralaiso f 21 at - CaerB. 1ru2t. 212o ATC Assessment Collection Group is a debt collector and Is attempting to collect a debt. Any information obtained may be used for that purpose. RECORDING REQUESTED BY: S1ewart Tilic Company of California WHEN RECORDED MAIL TO:\ Hanna & Van Ana 525 University Avenue, Su irc 705 Palo Alio, California 94301 32417313 DOCUMENT: 1 91 67537 IN01 Fees..Taxes..Copies AMT PAID Pages: 77 235 ea 235.90 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Stewart Title of California ROE # OBI 1 1/02/2006 13:100 AM CROSSROADS DECLARATION OF COVENANTS AND RESTRICTIONS ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP DOCUMENT TITLE SEPARATE PAGE PURSUANT TO GOVERNMENT CODE 27361.6 When Recorded Return To: Hanna & Van Atta 525 University Avenue, Suite 705 Palo Alto, California 94301 CROSSROADS DECLARATION OF COVENANTS AND RESTRICTIONS ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP THIS DECLARATION CONTAINS A BINDING ARBITRATION PROVISION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT. YOU MUST READ THE ARBITRATION PROVISION !CAREFULLY AND SHOULD CONSULT LEGAL COUNSEL WITH ANY QUESTIONS. IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, SOURCE OF INCOME AS DEFINED IN SUBDIVISION (P) OF SECTION 12955, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956.2 OF THE GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. Hens & Yin Mil In 1J...fun •w .11.?? td Nww Itt,C.4 6,101 TAU:row fl)4111.91:117 VIA CERTIFIED AND FIRST CLASS MAIL April 19, 2018 SCHEER LAW GROUP, LLP 155 N REDWOOD DRIVE, SUITE 100 SA RAFAEL, CA 94903 ATTN: EXCESS PROCEEDS DEPARTMENT File No.: Association: Owner(s): Property: T.S. No.: Dear Trustee: Allied Trustee Services WORKING TOGETHER TO IMPROVE YOUR COIAMUNI TY inia033 CROSSROADS CONDOMINIUM OWNERS ASSOCIATION JONTAE A. JAMES 488 DEMPSEY ROAD #291 MILPITAS, CA 95035 TS#2015-03256 Our office is responding to your notice of excess proceeds on behalf of CROSSROADS CONDOMINIUM OWNERS ASSOCIATION. Enclosed please find documentation in support of the claim in the amount of $26,103.28. • Itemized Statement as of lender foreclosure date. • Notice of Delinquent Assessment • Declaration of Covenants, Conditions and Restrictions I declare u correct. BY: SO BAP , AUTHORIZED REPRESENTATIVE f perjury and the laws of the state of California that the foregoing is true Enclosures and A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, ur validity of that document. STATE OF CAUFORNIA COUNTY OF PLACER On before me, KATHLEEN YOUNG, Notary Public, personally appeared SOKOYA BAPTISTE who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal)I KATHLEEN YOUNGNotary Punk -Certromia Placer County Corrintif Von r 22t7477 MY Comm belies Oct a 2021 990 Reserve Drive, Suite 206 Roseville, CA 95676 • 916.960.0600 • 916.960.0601 fax • www.alliectuustee corn ITEMIZED STATEMENT AS OF 01/24/2018 Date: 4/18/2018 Association: CROSSROADS CONDOMINIUM OWNERS ASSOCIATION Owner(s): JONTAE A. JAMES File Number: 111033 Account Number X066 Property Address: 488 DEMPSEY ROAD #291 MILPITAS, CA 95035 Total Due as of: 01/24/2018 $26,103.28 ASSOCIATION ASSESSMENTS, LATE CHARGES & INTEREST DESCRIPTION AMOUNT FROM THRU RATE TOTAL 1 Monthly Assessments @ $122.00 04/01/2013 04/30/2013 12.00% SI22.00 8 Monthly Assessments @ $277.00 05/01/2013 12/31/2013 12.00% $2,216.00 12 Monthly Assessments @ $292.38 01/01/2014 12/31/2014 12.00% $3,508.56 12 Monthly Assessments @ $306.25 01/01/2015 12/31/2015 12.00% $3,675.00 12 Monthly Assessments @ $321.45 01/01/2016 12/31/2016 12.00% 53,857.40 12 Monthly Assessments @ $333.32 01/01/2017 12/31/2017 12.00% $3,999.84 1 Monthly Assessments @ S367.33 01/01/2018 01/24/2018 12.00% $367.33 I Late Charges @ $14.00 03/01/2012 03/31/2012 $14.00 9 Late Charges @ $26.80 04/01/2012 12/32/2012 $241.20 3 Late Charges @ $27.70 01/01/2013 03/31/2013 $83.10 1 Late Charges @ $27.70 04/01/2013 04/30/2013 $27.70 8 Late Charges@ $27.70 05/01/2013 12/31/2013 S221.60 12 Late Charges @ 529.24 01/01/2014 12/31/2014 $350.88 12 Late Charges @ $30.62 01/01/2015 12/31/2015 S367.44 12 Late Charges @ $32.14 01/01/2016 12/31/2016 $385.68 12 Late Charges @ $33.33 01/01/2017 12/31/2017 $399.96 1 Late Charges @ $36.73 01/01/2018 01/24/2018 $36.73 Interest on Assessments from 03/31/2012 to 01/24/2018 $5,485.07 COSTS OF COLLECTION, ADVANCES & PAYMENTS DESCRIPTION AMOUNT FROM THRU RATE TOTAL INTERESTADJUSTMENT S-1531 03/01/2017 03/01/2017 0.00% 5-15.31 INTEREST ADJUSTMENT 5-515.47 04/12/2017 04/12/2017 0.00% S-515.47 ADJUSTMENT FOR PRORATED JANUARY 2018 ASSESSMENT DUE S-94.79 01/24/2018 01/24/2018 12.00% S-94.79 TO FORECLOSURE Interest on Advances ihru 01/24/2018 $0.00 Total due Association as of 01/24/2018: $24,783.92 201 7-0033 Page 1 of 2 TRUSTEE'S FEES, COSTS, AND EXPENSES DESCRIPTION TOTAL Software Application Cost S25.00 VESTING VERIFICATION S115.00 Mailings SI0.18 PRE-LIEN FEE 5230.00 PREP RELEASE OF NODA/NOD FEE $50.00 RECORDING - NOTICE OF DELINQUENT ASSESSMENT $34.00 RECORDING - RELEASE OF LIEN $20.00 TITLE RECORDING COST $15.00 TITLE RECORDING COST $15.00 NODA FEE $350.00 Mailings 510.18 COLLECTABILrry PROFILE $225.00 SENIOR DEFAULT AND SALE MONITORING FEE $200.00 Total due Trustee for Fees and Costs: $1,319.36 2017-0033 Page 2 of 2 RECORDING REQUESTED BY: Stewart Title of California, Inc.. WHEN RECORDED MAIL TO: -WPM Al MOO/ Jontae A. James 488 Dempsey Rd #291 Milpitas, California 95035 ORDER NO. 32422291 ESCROW NO. e32422291 DOCUMENT: 19344654 1111 1111 10 1 Pages 4 Fees. . . 16 00 Taxes... 302 50 Copies. . AMT PAID 318.50 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Stewart Title of Cal i fornia SPACE ABOVE THIS LINE FOR RECORDER'S USE RDE 1* 008 3/16/2007 8;00 AM GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s): DOCUMENTARY TRANSFER TAX is: $302.50 O Monument Preservation Fee is: ga computed on full value of property conveyed, or O computed on full value less value of liens or encumbrances remaining at time of sale. O Unincorporated area; Egi City of Milpitas, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowt Pacifica Milpitas, LLC, a California limited liability company hereby GRANT(S) to hAritAd Al /aids// /4'1/n4 e/ /rti4'i/ APN: portion of 088-02-028 CITY TAX Explanation of Exemption: no exemption ged, A. Jontaeklames, a single man ant or Agent Determining Tax A. JAMES the following described real property in the City of Milpitas, County of Santa Clara, State of California: LEGAL DESCRIPTION ON EXHIBIT " A " ATTACHED HERETO AND MADE A PART HEREOF. DATE: January 23, 2007 This conveyance is made and accepted, and the real property is hereby granted, in accordance with and subject to the Declaration, and any amendments thereto, which document is, by this reference, incorporated herein and made a part hereof, as though fully set forth at length herein. SUBJECT TO: I. General and special real property taxes for the current fiscal year; and 2. Covenants, conditions, restrictions and easements, reservations, rights, declarations, and rights-of-way of record. "MAIL TAX STATEMENTS AS DIRECTED ABOVE" STATE OF CALIFORNIA By: Pacifica Milpitas, LLC, a California L Liability Company BY: PAC ilpitas Inc., a CA co It's Gen Manager erfAti 11 11111110P' COUNTY OF San Diego On Z lceh 207-before me, Linda Patton, Notary Public, personally appeared Deepak Israni, personally known to me to be the person, whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my It and offic Signature / MAIL TAX STATEMENTS AS DUCTED ABOVE LINDA pArroN Commission # 1466507 Notary Public • California Son Diego County - Comm. Expires Jan 29, 2008 (Sal) 32422291 EXHIBIT nA" LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Santa Clara, City of Milpitas, described as follows: A CONDOMINIUM COMPRISED OF: PARCEL ONE: A separate interest in Unit 291 as shown on the Condominium Plan recorded on November 2, 2006 as Instrument No. 19167538 and as amended by Instrument recorded November 21, 2006 as Instrument No. 19196356 of the Santa Clara County Official Records ("Condominium Plan") and as further described in the "Crossroads Declaration of Covenants and Restrictions Establishing a Plan for Condominium Ownership" (the "Declaration") recorded on November 2, 2006 as Instrument No. 19167537 in the Santa Clara County Official Records, and as modified by Instrument No. 19220966 of Official Records, and an undivided one-two hundredths (1/200ths) interest in the Undivided Interest Common Area as described in that Condominium Plan and the Declaration, which condominium is located on the real property described on a portion of the Map entitled "Tract No. 7689 Indian Hills" (the "Map") recorded on October 17, 1985 in Book 550 of Maps, Pages 40 and 41 in Santa Clara County Records. EXCEPTING THEREFROM AND RESERVING EASEMENTS as defined in the Declaration. FURTHER EXCEPTING THEREFROM all numbered condominium units shown on the Condominium Plan and described in the Declaration and those portions of the "Exclusive Use Common Area" as defined in the Declaration and Condominium PLan which are set aside and allocated for the exclusive use of the owners of condominiums other than the condominium described as Parcel One. PARCEL TWO: The exclusive right to use the appurtenant "Exclusive Use Common Areas" set aside and allocated for the exclusive use of the owner of the condominium described as Parcel One above, as described in the Declaration, and as shown on the Condominium Plan as follows: Balcony: B-291 Storage: S-291 Carport Space: CP-207 -1- APN: 088-02-028 ARB: -0- End of Legal Description -2- 32422291 ‘a. .g : ‘ - BERDING & WEIL, LLP 2175 N California Blvd Suite 500 Walnut Creek, California 94596 PROOF OF SERVICE 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Case Name: In Re 488 Dempsey Road #291, Milpitas, California 95035 Case No: 18CV327505 I am employed in the County of Contra Costa, State of California. My business address is 2175 N. California Blvd., Suite 500, Walnut Creek, California 94596. I am over the age of eighteen years, and not a party to the within action. On May 30, 2018, I served the within: NOTICE OF CLAIM TO SURPLUS FUNDS on the party[ies] listed below, addressed as follows: SEE ATTACHED SERVICE LIST X By First Class Mail/Ordinary Business Practices [C.C.P. §§ 1013, 1013a]. By causing a true copy thereof to be enclosed in a sealed envelope or package, addressed to the party[ies] as stated on the attached service list. I am readily familiar with the firm's business practice for collection and processing of envelopes and packages for mailing with the United States Postal Service. Under the firm's practice, mail is deposited in the ordinary course of business with the United States Postal Service at Walnut Creek, California, that same day, with postage thereon fully prepaid. I am aware that upon motion of the party served, service is presumed invalid if postal cancellation date or postage meter date on the envelope or package is more than one day after the date of deposit for mailing. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed May 30, 2018, at Walnut Creek, California. By: Tracy R. Watson BERDING & WEIL, LLP 2175 N California Blvd Suite 500 Walnut Creek, California 94596 SERVICE LIST 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE LIST Case Name: In Re 488 Dempsey Road #291, Milpitas, California 95035 Case No: 18CV327505 Erica T. Loftis, Esq. Scheer Law Group, LLP 26522 La Alameda, Suite 205 Mission Viejo, CA 92691 Tel: (949) 263-8757 / Fax: (949) 209-3320 Attorneys for Petitioner ENTRA DEFAULT SOLUTIONS, LLC Jontae A. James 488 Dempsey Rd. #291 Milpitas, CA 95035 Jontae Antoine James 488 Dempsey Rd. Unit 291 Milpitas, CA 95035-5695 Discover Bank c/o the Moore Law Group APC 3710 S. Susan Street Santa Ana, CA 92704 Secretary, Library Joint Powers Authority of Santa Clara County 1370 Dell Avenue Campbell, CA 95008-6604 Santa Clara County Tax Collector-Treasurer 70 West Hedding St. San Jose, CA 95110 Crossroads Condominium Owners Association 450 Dempsey Rd. Milpitas, CA 95035 Allied Trustee Services 990 Reserve Dr. #208 Roseville, CA 95678 Law Office of Wendell J. Jones 910 East Hamilton Avenue, Suite 100 Campbell, CA 95008
