Last Update 1 May 2021
Section 2.06. Voting Rights. At any meeting of the Association, each Unit Owner, except as otherwise provided in Section 2.05 of the is Article II with respect to the voting power of Grantor, shall be entitled to cast no more than one (1) vote for each Condominium owned as shown on the Condominium Plan. Where there is more than one (1) record Unit Owner of a Condominium ("co-owners"), any or all of such co-owners shall be Members and may attend any meeting of the Association, but only one (1) of such co-owners shall be entitled to exercise the single vote to which the Condominium is entitled. Such co-owners shall from time to time all designate in writing one of their number to vote. Fractional votes shall not be allowed, and the vote for each Condominium shall be exercised, if at all, as a unit. Where no voting co-owner is designated or if such designation has been revoked, the vote for such Unit shall be exercised as the majority of the co-owners of the Unit mutually agree. Unless the Board receives a written objection in advance from a co-owner, it shall be conclusively presumed that the corresponding voting co-owner is acting with the consent of his or her co-owners. No vote shall be cast for any Condominium where the majority of the co-owners present in person or by proxy and representing such Condominium cannot agree to said vote or other action. The non-voting co-owner or co-owners shall be jointly and severally responsible for all of the obligations imposed upon the jointly owned Condominium and shall be entitled to all other benefits of ownership. All agreements and determinations lawfully made by the Association in accordance with the voting procedures established herein, or in the By-Laws of the Association, shall be deemed to be binding on all Unit Owners, their successors and assigns. Section 2.07. Repair and Maintenance Rights and Duties of Association. Subject to Article XI pertaining to eminent domain and subject to Article XI pertaining to destruction of Improvements, the Association shall paint, maintain, repair, resurface and make necessary Improvements to the Common Areas and Restricted Common Areas or shall contract for such maintenance, repair, resurfacing and Improvements, to assure reasonable maintenance of the Common Areas and Restricted Common Areas; provided, however, that the Association shall not be responsible for or obligated to perform those items of maintenance, repair or Improvement of the Units, the maintenance of which is the responsibility of the Unit Owners as provided in Section 2.08 of this Article II. Association maintenance, repairs and Improvements shall include, without limitation, the right, without obligation, to perform all corrective architectural, janitorial and repair work within any Unit, if the Unit Owner fails to maintain such Unit as provided in Section 2.08 of this Article II; the repair and payment for all centrally metered utilities, water charges, and mechanical and electrical equipment in the Common Areas; payment of all charges for any and all utilities which serve individual Units but which are subject to a common meter; maintenance and replacement of shrubs, trees, vegetation, irrigation systems and other landscaping improvements; repair and maintenance of all walks, common stairways, private streets, parking areas and other means of ingress and egress within the Project. All such fees, maintenance, repairs and Improvements for the Project shall be paid for as Common Expenses Out of the Association Maintenance for is as provided in this Declaration. All work performed for or on behalf of a Unit Owner shall be charged to such Unit Owner as a Special Assessment, as herein provided. It shall further be the affirmative duty of the Board of Directors to require strict compliance with all provisions of this Declaration and to cause the Project to be inspected by the Architectural Committee for any violation thereof. To the extent not assessed to or paid by the Unit Owners, the Association shall pay all real and personal property taxes and assessments levied upon any portion of the Project. In addition, if all of the Units in the Project are taxed under a blanket tax bill covering all of the Project, each Unit Owner shall pay his proportionate share of any installment due under said blanket tax bill to the Association at least ten (10) days prior to the delinquency date; and the Association shall transmit such taxes to the appropriate tax collection agency. Blanket taxes shall be allocate among the Unit Owners in the same ratio that Annual Assessments are assessed against the Unit Owners. The Association shall, at least forty-five (45) days prior to the delinquency date of any such blanket tax installment, deliver to each Unit Owner a copy of the tax bill, along with a written notice setting forth such Unit Owner's obligation to pay his proportionate share of such tax installment and the potential additional charges to such Unit Owner for failure to comply. The Association shall pay such taxes on behalf of any Unit Owner who does not pay his proportionate share, and shall use any available sums in the Operating Fund or borrow such sums as may be required to make such payments on behalf of delinquent Owners. The Association shall levy a Special Assessment in the amount of any such sum advanced against any delinquent Unit Owner, plus interest at the rate of ten percent (10%) per annum and may, in addition, include as part of such Special Assessment an amount necessary to reimburse the Association for any penalty or late charge actually assessed in connection with the blanket tax bill which late charge results from the failure of the delinquent Owner(s) to make timely payment of his proportionate share of such taxes. The foregoing provisions relating to the collection of taxes in connection with a blanket tax bill on all or any portion of the Project may not be amended without the express written consent of Declarant. 10 |
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