\

Recording requested by andwhen recorded mail to:

NARK O'BRIEH, SSQ.

248 East Main Street

Alhambra, CA 91801DECLARATION OF

COVENANTS, CONDITIONS At^D RESTRICTIONS

ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP

This Declaration is made June 11, 1984, by UNITEDCITIZENS MORTGAGE COMPANY, a California corporation<"Declarant") .

RECITALS:

Declarant is the owner of real property located inLos Angeles County, California, described in Exhibit A( real property"). Declarant has improved or intends toimprove the real property in the manner described in ExhibitB.

DECLARATION:

Declarant declares that the real property is, and shallbe, held, conveyed, hypothecated, encumbered, leased, rentedused ^d_ occupied subject to the following limitations,restrictions, easements, covenants, conditions, liens andcharges, all of which are declared and agreed to be infurtherance of a plan of condominium ownership as describedin California Civil Code §§1350-1360 for the subdivision,improvement, protection, maintenance, and sale of condominiumswichin the real property, and all of which are declared andagreed to be for the purpose of enhancing, maintaining andprotecting the value and attractiveness of the real property.All of .the limitations, restrictions, easements, covenants,conditions, liens and charges shall run with the land, shallbe binding on and inure to the benefit of all parties havingor acquiring any right, title or interest in the real property,and shall be binding on and inure to the benefit of thesuccessors in interest of such parties. Declarant furtherdeclares that it is the express intent that this Declarationsatisfy the requirements of California Civil Code §1355.

1. DEFINITIONS

1.1^ The "Articles" mean the Association's Articles ofAssociation and their amendments.

1.2^ The Association" means the condominium homeowner'sassociation, an unincorporated association, its successorsand assigns.

1.3 The "Board" means the Board of Directors of theAssociation.

1.4 The "Bylaws" mean the Association's Bylaws andtheir amendments.

1.5 The "Common Area" means the entire developmentexcept all units as defined in this declaration or as shownon the condominium plan.

1*6 A "condominium" means an estate in real propertyas defined in California Civil Code §783 consisting of anundivided interest as a tenant-in-common in the common areaof the development, together with a fee interest in a unitshown and described on the Condominium Plan.

1.7 The Condominium Plan" means the condominium planrecorded pursuant to California Civil Code §1351 respectingthe development and any amendments to the plan. A copy ofthe plan is attached as Exhibit C.

onvtoAxri® The "Declarant" means UNITED CITIZENS MORTGAGECOMPANY, a California corporation, its successors and as-signs, if such successors and assigns acquire or holdrecord title to any portion of the Development for development purposes.

1.9 A "member" means every person or entity who holdsa membership in the Association.

1.10 A "mortgage" means a mortgage or deed of trustencumbering a condominium or other portion of the Development.An institutional mortgagee" is a mortgagee that is a bankor savings and loan association, or established mortgagecompany or other entity chartered under federal or statelaws, any corporation or insurance company, or any federal

A "mortgagee" shall include the beneficiaryunder a deed of trust,

1.11 An "owner" means each person or entity holding afee simple estate of record in a condominium, including

Owner' shall not include persons or entitieswno hold an interest in a condominium merely as security forthe performance of an obligation but shall include a contractpurchaser of record.

1.12 A "unit" means the elements of a condominium thatare not owned in common with the other owners of condominiumsin the Development, such units and their respective elementsare more particularly described in Exhibit B. The boundariesof a unit are shown and described on the Condominium Plan.In interpreting deeds and plans the existing physical boundaries

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a unit reconstructed in substantial accor-

•Xr"h.'cj,,^s'sj" "f™"" "rP"'""*"' to'SS'i,"''proper^? d^^lded'or'?rbfdi^ded """5®all structures and improvements In S . including?sjr?3.i;5iK5;" •" Sfu.'5-i?ste." •

as described in PvKiKi+. o / ^ • interest in Che Coiranon Areabe .uSSI/ShfSiS'L'iS'S SfSSJbS;*"" 5*™"severability of component interests in againstin effect as nrovi/^ori ^ 7 ^ ^ condominium remainsth.^Kc^SiSr^S''. -.b=r.hip m

SLJSSrL-|E"'SSL2C!^rSJ.°K:'!-S

«s.r;rLv^r!sSt"ji;"!F'Snot interfere with exllusfvi J'̂ '̂ ordinate to. and shallover the Common Area if anv |?®P®"^®^PP^^^®nant to unitsappurtenant to and pass with'the^tirl»°^ ®asement shall beto the following ri^htl restrictions!

numbe^ofV"tsy^£d toregulations ("Association rulL"^^ Association rules andenjoyment of the Common Area. ^-egulating the use and

improve the Common^Areaf Association to borrow money to

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2.2.3 The right of Declarant or its designees, toenter on the Development to construct the Development and tomake repairs and remedy construction defects, if such entryshall not interfere with the use of any occupied unit unlessauthorized by the unit owner.

2.2.4 The right of the Association, or its agents, toenter any unit as necessary in connection with constructionmaintenance or emergency repair for the benefit of theCommon Area or the owners in common. The right shall beimmediate in case of an emergency originating in, or threatening, such unit; otherwise, entry shall be made only afterreasonable notice is given to the occupant of the unit.

2.3 Delegation of Use; Tenants. Any owner may delegatehis rights of use and enjoyment in the Development, includingany recreational facilities, to the members of his family,his ^ests, invitees, and to such other persons as may bepermitted by the Bylaws and the Association rules, subject,however, to this Declaration, to the Bylaws and to theAssociation rules. Each owner shall notify the secretary ofthe Association of the names of any tenant of such owner'scondominium. Each owner, or tenant also shall notify thesecretary of the Association of the names of all persons towhom such owner or tenant has delegated any rights of useand enjoyment in the Development and the relationship thateach such person bears to the owner or tenant. Any delegatedrights of use and enjoyment are subject to suspension to thesame extent as the rights of owners are.

2.4 Minor Encroachments. If any portion of the CommonArea encroaches on any unit or if any portion of a unit encroaches on the Coimnon Area, regardless of the cause, a valideasement exists for such encroachment and for the maintenanceor it as long as it remains, and all units and the CommonArea are made subject to such easement. If any structurecontaining a unit is partially or totally destroyed and thenrebuilt and any encroachment results, a valid easement existsfor such encroachment and for the maintenance of it as longas It remains, and all units and the Common Area are madesubject to such easement.

Easements Granted by Association. The Associationsnail have the power to grant and convey to any third partyeasements and rights-of-way in, on, over, or under theCommon Area for the purpose of constructing, erecting, oper-

lines, cables, wires, conduits, orother devices for electricity, cable television, power, telephone and other purposes, public sewers, storm water drains,and pipes, water systems, sprinkling systems, water, heatingand gas lines or pipes and any similar public or quasipublic

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iinproveinents or facilities, and each purchaser, in acceptinga deed to a condominium, expressly consents to such easementsHowever, no such easements can be granted if they would interfere with theuse, occupancy or enjoyment by any owner of hisunit, any exclusive easements over any Common Area appurtenantto the unit, or the recreational facilities of the Development.3. USE RESTRICTIONS

, Residential Use. Units shall be used for residential purposes only. Nothing in this Declaration shallprevent an owner from leasing or renting his condominium.However, any lease or rental agreement shall be in writingand any tenant shall abide by and be subject to all provisions of this Declaration, the Articles, Bylaws, and the

agreement nustspecify that failure to abide by such provisions shall be adefault under the lease or rental agreement.

., . Commercial Use. Except as otherwise provided inparagraph 3.1, no part of theDe^^elopment shall be used or caused, allowed, or authorized

to be used in any way, directly or indirectly, for anybusiness, commercial, manufacturing, mercantile, storing,vending, or other such non-residential purpose.

3.3 Maintenance, Each owner of a condominium shall beA maintaining his unit, including the equipment and fixtures in the unit and its interior walls, ceilings

floors, in a clean and sanitary, workable, andattractive conaition. However, each owner has complete

to the ^oice of furniture, furnishings, andinterior decorating, but windows can be covered onlv bydrapes, or shades and cannot be painted or covered by foil

® similar materials. Each owner shall beresponsible for repair, replacement and cleaning of thehis unit, both interior and exterior.Unless otherwise proviaed in this Declaration, each owner

snail clean and maintain exclusive easements appurtenant toany of the units over the Common Area. FHuruenanu co

Offensive Conduct; Nuisances. No noxious ornot limited to, repairof automobiles or other motorized vehicles, shall be carried

Z±rh±l rhl Development. Nothing shall be done on orwithin the Development that may be or may become a nuisanceDevelopment, or that in any wayj.nterferes with the quiet enjoyment of occupants of condo

miniums .

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3.5 Parking Restrictions; Use of Garage. Unlessotherwise permitted by the Board, no automobile shall L

f"y.P"P«ty subject to ?hL Dcc?Latfonocner than on or within a tra-ratra •-••.a.j-siuiunappurtenant parking stall |r space. No boa" Slife?

approval of the Board. However one sLn

screen"Lorl^^lunshades or walU^of^^y^lltuirthlll^L

thOiized and approved by the Board

cats fish, and birds inside bird cages may be kent ashousehold pets within any unit, if thev are nnr v j

5:Srs'i'i:irS'S:~iw^

„i Outside Drying and Laundering No ex-prin,-

be no^lxteriol drvine °^."«i^Cained and there shallpatiL?'poLhL'orofhe°r ^ balconies,

pense'or^tL"^srLke'S"a?terations^^^ 'd-f'the exterior of the buildings fincer rail

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3.12 Compliance with Laws, etc. Nothing shall be doneor kept in any unit or in the Common Area that might increasethe rate of, or cause the cancellation of, insurance of theDevelopment, without the prior written consent of the Board.No owner shall permit anything to be done or kept in hisunit that violates any law, ordinance, statute, rule orregulation of any local, county, state or federal body.

3.13 Owner's Obligation for Taxes. To the extent *allowed by law, all units, including their pro rata undi- ^vided interest in the Common Area and the membership of anowner in the Association, shall be separately assessed and"taxed so that all taxes, assessments, and charges which maybecome liens prior to first mortgages under local law shallrelate only to the individual \inits and not to the condominium development as a whole. Each owner shall be obligated to pay any taxes or assessments assessed by the countyassessor of said county against his condominium and againsthis personal property.

3.14 Enforcement. The failure of any owner to complywith any provision of this Declaration or the Articles orBylaws shall give rise to a cause of action in the Associationand any aggrieved owner for the recovery of damages or forinjunctive relief, or both.

4. THE ASSOCIATION

4.1 Formation. The Association is an unincorporatedassociation formed under the laws of California. On theclose and recording of the first condominium sale to anowner, the Association shall be charged with the duties andinvested powers set forth in the Articles, the Bylaws andthis Declaration, including, but not limited to,'control andmaintenance of the Common Area and any Common Area facilities, i

4.2 Association Action; Board of Directors and Officers.Except as to matters requiring approval of members as setforth in this Declaration, the Articles, or the Bylaws, theaffairs of the Association shall be conducted by the Boardand such officers as the Board may elect or appoint. Suchelection or appointment shall be in accordance with thisDeclaration or the Bylaws and ther amendments.

4.3 Powers and Duties of the Association.

4.3.1 Powers. The Association shall have the power todo any lawful thing that may be authorized, required, or per-

Declaration, the Articles andthe Bylaws, and to do and perform any act that may be necessary

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or proper for, or incidental to, the exercise of any of theexpress powers of the Association, including, without limitation the following:

4.3.1.1 Assessments. That Association shall have thepower to establish, fix, levy assessments against the ownersof condominiums and to enforce payment of such assessmentsin accordance with the provisions of this Declaration.

4.3.1.2 Right of Enforcement. The Association in itsown name and on its own behalf, or on behalf of any ownerwho consents can commence and maintain actions for damagesor to restrain and enjoin any actual or threatened breach ofany provisions of this Declaration or of the Articles orBylaws, or of the Association rules or any resolutions ofthe Board, and to enforce by mandatory injunction, or otherwise, all of those provisions. In addition, the Association,through its Board of Directors, can suspend the votingrights, can suspend use privileges of the Common Area or canassess monetary penalties against any owner or other personentitled to exercise such rights or privileges for anyviolation of this Declaration or the Articles, Bylaws,Association's rules, or Board resolutions. However, anysuch suspension of use privileges cannot exceed a period ofthirty (30) days for any one violation and cannot exceedTwenty-Five Dollars ($25.00) for any one violation. Nodiscipline against an owner may be imposed unless the accusedowner is given 15 days' prior notice of the proposed disciplineand the reasons therefore and the accused owner is given theopportunity to be heard, orally or in vTriting, not less than5 days before the proposed discipline becomes effective.Such prior notice may be given by any method reasonablycalculated to provide actual notice. Any notice given bymail must be given by first-class or registered mail sent tothe owner, all according to the provisions of 17.5 of theDeclaration. No discipline shall be imposed against theowner unless procedures for notice and hearing satisfyingthe minimum requirements of Corporation Code Section 7341are followed with respect to the accused owner before a decision to impose discipline is reached. The Association isprohibited from causing a forfeiture or abridgement of anowner's right to the full use and enjoyment of his unit because of his failure to comply with provisions of the Declaration,Bylaws, Articles, or duly-enacted rules of operation for theCommon Area and facilities except by court judgment, arbitrationaward, or on account of a foreclosure or sale under a powerof sale for his failure to pay assessments duly levied bythe Association. Any monetary penalty imposed by the Associationas a disciplinary measure for failure of a member to complywith provisions of the Declaration, Bylaws, Articles, orsaid rules or as a means of reimbursing the Association forits costs incurred in the repair of damage to the Common

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.1..» u.. righ..°s;dS'is; "a'S'SIofSslJiirby and through^the^Board Association, acting

*r£r?\-project shall be terminable hv ? condominiumcause and without oavment a ® party with or without(30) days • wi?tL n^lo^ termination fee on thirtyshall not exceed one (1) year ^althou^^ any such agreementbe renewed from yea? toV^ar'bylhe'B^ard""^

Che po^ei^co adopr't^enS "reoLl Association shall havereasLable. However ®inconsistent with o^m^«i"?raUerof this Declaration the Am-ii^r^e S provisions

other provisions of this Declaration a

«r.ioi„ 0. a.e s^iS=sjo';;i.SL,.

by and through the BoarI or nersA Association, actingin Section 4.3.1.3 has the ohlToa?f or entities describedaffairs of connnoA inXrest to all businessof the followinrdi^ielf perform each

operate, maintain^^and"other!riConnnon Area. ToIn"f"«"^g"®"«%rtgrCo™on°Lea®inci:dLg";rx>at^drlvewayr°I^nn^oti:e

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connection, the Association may enter into contracts forservices or materials for the benefit of the Association orthe Common Area, including contracts with Declarant. Theduration and term of all such contracts shall comply withArticle VIII, Section 16 of the Bylaws.

4.3.2.2 Taxes and Assessments. To pay all real andpersonal property taxes and assessments and all other taxeslevied against the Common Area, personal property owned bythe Association, or against the Association.

4.3.2.3 Water and Utilities. To acquire, provide andpay for water, sewer, garbage disposal, refuse and rubbishcollection, electrical, telephone, gas and other necessaryutility services for the Common Area and for condominiumswhen the condominiums are not separately billed. The termof any contract to supply any of the listed services shallnot exceed one (1) year or, if the supplier is a regulatedpublic utility, the shortest term for which the supplierwill contract at the applicable regulated rate.

4.3.2.4 Insurance. To obtain from reputable insurancecompanies and maintain the insurance described in Section 8.

4.3.2.5 Enforcement of Restrictions and Rules. Toperform such other acts, whether or not expressly authorizedby this Declaration, that may be reasonably necessary toenforce any of the provisions of this Declaration, theArticles and Bylaws, and the Association's rules and Boardresolutions.

4.3.3 Limitations on Authority of Board. Except withthe vote or written assent of (1) a majority of the totalvoting power of the membership and (2) a majority of membersother than Declarant, the Board shall not take any of thefollowing actions:

4.3.3.1 Incur aggregate expenditures for capital im-provements to the Common Area in any fiscal year in excessof f^-ve percent (5Z) of the budgeted gross expenses of theAssociation for that fiscal year? or

4.3.3.2 Sell during any fiscal year property of theAssociation having aggregate fair market value greater thanfive percent (5%) of the budgeted gross expenses of theAssociation for that fiscal year; or

4.3.3.3 Pay compensation to members of the Board or toofficers of the Association for services performed in theconduct of the Association's business. However, the Boardmay cause a member of the Board or an officer to be reimbursedfor expenses incurred in carrying on the business of theAssociation.

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4.4 Regular Meeting and Notice. An organizationalmeeting shall be held as soon as practicable after creationof the Association, and the Directors elected then shallhold office until the first annual meeting. All offices ofthe Board of Directors shall be filled at the organizationalmeeting. ^6 first annual meeting of members of the Association shall be held within forty-five (45) days after theclosing of the sale of the condominium that represents thefifty-first (51st) percentile interest authorized for saleby the California Commissioner of Real Estate under thefirst Public Report for the Development, but in no caselater than six (6) months after the closing and recording oftne sale of the first condominium within the Development.

meetings of members of the Associationshall be held at least once in each calendar year at a timeand place as prescribed in the Bylaws.

4.5 Special Meetings. Special meetings may be calledas provided for in the Bylaws. Written notice of all members'meetings, regular or special, shall be given by regularmail, personal delivery, or telegram to all owners and toany mortgagee who has requested in writing that such noticebe sent to it and, except in emergency situations, shall begiven not less than ten (10) days nor more than sixty (60)days before the time of the meeting and shall set forth theplace, date, and hour of the meeting, and the nature of thebusiness to be undertaken. Any mortgagee, through itsdesignated representative, shall be entitled to attend anysuch meeting but shall not be entitled to vote at the meettnzAll such meetings shall be held within the Development or ata place as close thereto as) possible. Ttie presence at anymeeting in person or by pro::y of members entitled to cast atleast fifty percent (50Z) of the total votes of all membersof the Association shall constitute a quorum. If any meetingcannot be hexd because a quorum is not present, membersrepresenting a majority of the votes present, either inperson or by proxy, may adjourn the meeting to a time notless than five (5) days nor more than thirty (30) days fromuhe date that the original meeting was called, at whichadjourned meeting the quorum requirement shall be at leasttwenty-five percent (25%) of the total votes. Any meetingof members at which a quorum is present may be adjourned forany reason to a time not less than five (5) days nor morethan thirty (30) days from the time of such meeting bymembers repesenting a majority of the votes present inperson or by proxy. If a time and place for the adjournedmeeting is not fixed by those in attendance at the originalmeeting or if for any reason a new date is fixed for theadjourned meeting after adjournment, notice of the time andplace of the adjourned meeting shall be given to members inthe manner prescribed for regular meetings.

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4.6 Financial Statemencs of che Association. TheAssociation shall prepare and distribute to all members andto any mortgagee requesting the financial data as specifiedherein, regardless of the number of its members or the amountof its assets.

4.6.1 A budget for each fiscal year including, but notlimited to, the following information shall be distributed notless than forty-five (45) days before the beginning of eachfiscal year: (a) estimated revenue and expenses on a accrualbasis; (b) the amount of the Association's total cash reservescurrently available for replacement or major repair of commonfacilities and for contingencies; (c) an itemized estimate ofthe remaining life of major components of the common areas andfacilities for which the Association is responsible and a summary of the proposed funding methods to effect repairs, replacement, or additions to same; (d) a general statement settingforth the Association's procedures used to calculate and establish reserves to effect repairs, replacement, or additions tomajor components of the common areas and facilities for whichthe Association is responsible.

4.6.2 A balance sheet as of an accounting date which isthe last day of the month closest in time to six (6) months fromthe date of closing of the first sale of an interest in theproject and an operating statement for the period from the dateof the first closing to the said accounting date shall be distributed within sixty (60) days after the accounting date.Said operating statement shall include a schedule of assessnentsreceived and receivable identified by the number of the unit andthe name of the members assesed.

4.6.3 An annual report containing the following information shall be distributed within one hundred twenty (120) daysafter the close of the fiscal year: (a) a balance sheet as ofthe end of the fiscal year; (b) an operating (income statementfor the fiscal year; (c) a statement of changes in financialposition for the fiscal year.

For any fiscal year in which the Association's gross incomeexceeds $75,000, a licensee of the California State Board ofAccountancy shall prepare a review of the annual report inaccordance with generally accepted accounting principles. Saidreview shall be distributed with the report. I^en the annualreport is not so prepared, it shall be acconpanied by an authorised Association Officer's certificate that it was preparedfrom the Association's books and records without independentaudit or review.

4.6.4 A statement of the Association's policies and practices in enforcing its remedies against members for defaults inpayment of regular and special assessments including the recordingof liens against units shall be distributed within sixty (60) daysbefore the beginning of each fiscal year.

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4.7 Inspection of Association Books and Records.

4.7.1 Any membership register, books of account andminutes of meetings of members, the Board, and committees ofthe Board of the Association shall be made available forinspection and copying by any member of the Association, orhis duly appointed representative., or any mortgagee, at anyreasonable time and for Che purpose reasonably related tohis interest as a member, at the office of the Associationor at such other place within the Development as the Boardprescribes.

4.7.2 The Board shall establish by resolution reasonable rules with respect to:

4.7.2.1 Notice to be given to the custodian of the records of the Association by the member, representative, ormortgagee desiring to make an inspection.

4.7.2.2 Hours and days of the week when the inspectionmay be made.

4.7.2.3 Payment of the cost of reproducing copies ofdocuments requested by a member or by a representative ormortgagee.

4.7.3 Every Director of the Association shall have theabsolute right at any reasonable time to inspect all books,records, and documents of the Association and the physicalproperties owned or controlled by the Association. Theright of inspection by a Director includes the right to makeextracts and copies of documents.

5. MEMBERSHIP AND VOTING RIGHTS

5.1 Membership

5.1.1 Qualifications. Each owner of a condominium,including Declarant, shall be a member of the Associationand shall hold one membership interest in the Associationfor each condominium owned. Ownership of a condominium orinterest in it shall be the sole qualification for membershipin the Association. Each owner shall remain a member of theAssociation until his ownership interest in all condominiumsin the Development ceases, at which time his membership inthe Association shall automatically cease.

5.1.2 Members* Rights and Duties. Each member shallhave the rights, duties, and obligations set forth in thisDeclaration, the Articles, Bylaws, and the Association rulesand all their amendments.

5.1.3 Transfer of Membership. "Hie Association membership of each person or entity \rfio owns, or owns an interest

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in, one or more condominiums shall be appurtenant to eachsuch condominium, and shall not be assigned, transferred,pledged, hypothecated, conveyed, or alienated in any way'except on a transfer of title to each such condominium orinterest in it and then only to the transferee. Any attemptto make a prohibited transfer shall be void. Any transferof title to a condominium or interest in it shall operateautomatically to transfer the appurtenant membership rightsin the Association to the new owner.

5.2 Voting.

5.2.1 Number of Votes. Each member shall be entitledto one (1) vote for each condominium in which such memberowns an interest. However, when more than one member ownsan interest in a condominium, the vote shall be exercised asthey themselves determine, but in no case shall more thanone (1) vote be cast with respect to any one condominium.

5.2.2 Joint Owner Votes. Hie voting rights for eachcondominium may not be cast on a fractional basis. If thejoint owners of a condominium are unable to agree amongthemselves as to how their voting rights shall be cast, theyshall forfeit the vote on the matter in question. If anyo^er exercises the voting rights for a particular condominium.It will be exclusively presumed for all purposes that he wasacting with the authority and consent of all other owners ofthe same condominium. If more than one (1) person or entityexercises the voting rights for a particular condominium,their votes shall not be counted and shall be deemed void.

Voting. Election to and from theBoard shall be by cumulative voting and such voting shall beby secret written ballot. If more than two (2) positions onthe Board are to be filled, each member shall be entitled tocumulate his votes, in person or by proxy, for one or morecandidates for the Board, if the candidate's nama has beenplaced in nomination prior to voting and if the member hasgiven notice at the meeting prior to the voting of his

member has givensuch notice, then all members will be entitled to cumulatetheir votes for candidates. The candidate receiving thehighest number of votes up to the number of Board members tobe elected shall be deemed elected. Unless the entire Boardis removed from office by vote of the members, a Directorshall not be removed before his term expires if the numberof votes cast against removal would be sufficient to elect

voted cumulatively at an election at whichthe same total number of votes were cast and the entirenumber of Directors authorized at the time of the mostrecent election of the Board were then being elected. ADirector who has been elected to office solely by votes ofmembers other than Declarant may be removed from office

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prior to the expiration of his term only by the vote of atleast a simple majority of the voting power residing inmembers other than the Declarant.

5.2.4 Special Election Procedure. From the firstelection of the Board of Directors and thereafter for solong as Declarant holds a majority of the Association'svoting power, Declarant shall be allowed to vote for all butone of the five offices of the Board of Directors, to insurethe election of twenty percent (20Z) of the Board members bythe oxters other than Declarant. This procedure shall belimited to the election of only one Board member and subjectto all other provisions of this Declaration.

6. ASSESSMENTS

_ 6.1 Agreement to Pay. The Declarant, for each condominium owned by the Declarant that is expressly made subjectto assessment as set forth in this Declaration, and eachpurchaser of a condominium by his acceptance of a deed covenants and agrees, for each condominium owned, to pay to theAssociation regular assessments and special assessments ,such assessments to be established, made, and collected asprovided herein.

6.2 Personal Obligations, Each assessment or installment, interest, collection costs, and reasonable attorney'sfees, shall be the personal obligation of the person or entitywho was an owner at the time such assessment, or installment,became due and payable. If more than one person or entity wasthe owner of a condominium, the personal obligation to pay suchassessment, or installment, respecting such condominium shallbe both joint and several. The personal obligation for delinquent assessments, or delinquent installments, and other suchstims, shall not pass to an owner's successors in interest unlessexpressly assumed by them. No owner of a condominium may exempthimself from payinent of assess-ments, or installments, by waiverof the use or enjoyment of all or any portion of the CommonArea or by waiver of the use and enjoyment of, or by abandonmentof, his condominium.

6.3 Purpose of Assessments. The assessments levied bythe Association shall be used exclusively to promote therecreation, health, safety, and welfare of the members ofthe Association, the improvement, replacement, repair,operation and maintenance of the Common Area and the performance of the duties of the Association as set forth inthis Declaration.

6.4 Assessments.

6.4.1 Regular Assessments. At least sixty (60) daysbefore the beginning of each fiscal year the Board shall

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estimate the total amount of funds necessary to defray thecommon expenses of the Association for the next fiscal year.If the amount is approved by a majority vote of the Board,without a vote of the members of the Association, theestimates shall become the regular assessment for such year.However, the Board may not increase the amount of regularassessment for any fiscal year of the Association by morethan twenty percent (20Z) above the amount of the prioryear's regular assessment (except the first such year if itshould be less than twelve (12) months) without approval byvote or written consent of (1) a majority of the totalvoting power of the membership and (2) a majority of membersother than Declarant. The assessments shall be uniform andshall be determined as provided in Section 6.5. The regularassessments shall be payable in regular installments asprovided in this Declaration and shall include adequatereserve funds for contingencies, and for maintenance, repairs, and replacement of the Common Area improvements thatmust be replaced on a periodic basis sufficient to satisfythe requirements of any mortgagee.

6.4.2 Special Assessments. If the Board determinesthat the estimated total amount of funds necessary to defraythe common expenses of the Association for a given fiscalyear is or will become inadequate to meet expenses for anyreason (including, but not limited to, unanticipated delinquencies, costs of construction, unexpected repairs orreplacements of capital improvements on the Common Area) theBoard shall determine the approximate amount necessary todefray such expenses, and if the amount is approved by amajority vote of the Board it shall become a special assessment.The Board may, in its discretion, pro rate such specialassessment over the remaining months of the fiscal year orlevy the assessment immediately against each condominium.

6.4.3 Limitation Respecting Special Assessments. Anyspecial assessment in excess of five percent (5Z) of thebudgeted gross expense of the Association for the fiscalyear in which a special assessment is levied shall requireapproval by vote or the written consent of (1) a majority ofthe total voting power of the membership and (2) a majorityof members other than Declarant except in case of a specialassessment against an owner as a remedy utilized by theBoard to reimburse the Association for costs incurred inbringing the member or his condominium into compliance withthe provisions of this Declaration.

6.5 Prorated Assessments. Except as herein stated,regular and special assessments shall be fixed on a proratedbasis and shall be determined according to the procedurecontained in Exhibit D attached hereto. Notwithstandingthe foregoing, a special assessment against owners to raise

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funds for the rebuilding or major repair of the structuralCommon Area housing units of the Development shall be leviedupon the basis of the ratio of the square footage of thefloor area of the unit to be assessed to the total squarefootage of floor area of all units to be assessed. Thelimitations herein shall .not apply in the case where thespecial assessment against an owner is a remedy utilized bythe Board to reimburse the Association for costs incurred inbringing the owner and his unit into compliance with provisionsof the Declaration and Bylaws.

6.6 Assessment Period. The regular assessment periodshall commence on January 1 of each year and shall terminateon December 31 of each year, and regular assessments shallbe payable in equal monthly installments unless the Boardadopts some other basis for collection. However, the initialregular assessment period for all units, including thoseowned by Declarant, shall commence on the first day of thecalendar month following the date on which the sale of thefirst condominium to a purchaser is closed and recorded (the"initiation date") and shall terminate on December 31 of theyear in which the initial sale is closed and recorded. Thefirst regular assessment and all special assessments shallbe adjusted according to the number of months remaining inthe fiscal year and shall be payable in equal monthlyinstallments unless the Board adopts some other basis forcollection.

6.7 Notice and Assessment Installment Due Dates. Asingle ten (10) day tjritten prior notice of each annualregular assessment and each special assessment shall begiven to each owner of every condominium subject to assessment in which the due dates for the payments of installmentsshall be specified. The due dates for the payment of installments normally shall be the first day of each month unlesssome other due date is established by the Board. Eachinstallment of regular assessments and special assessmentsshall become delinquent if not paid within fifteen (15) daysafter its due date.

7. COLLECTION OF ASSESSMENTS; LIENS

7.1 Right to enforce. The right to collect and enforce assessments is vested in the Board acting by and onbehalf of the Association. The Board or its authorizedrepresentative, including any manager, can enforce theobligations of the owners to pay assessments provided for inthis Declaration by commencement and maintenance of a suitat law or in equity, or the Board may foreclose by judicialproceedings or through the exercise of the power of sale

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pursuant to Section 7.2 to enforce the lien rights created.Suit to recover a money judgment for unpaid assessmentstogether with all other amounts described in Section 6.2shall be maintainable without foreclosing or waiving thelien rights.

7.2 Creation of Lien. If there is a delinquency inthe payment of any assessment, or installment on a condominium, as described in Section 6.7, any amounts that aredelinquent together with interest at the rate of seven

annum, and all costs that are incurred bythe Board or its authorized representative in the collectionof the amounts, including reasonable attorney's fees, shall

^ against such condominium on the recordation in theoffice of the county recorder of Los Angeles County of anotice of assessment as provided in California Civil Code§1356. ^e notice of assessment shall not be recordedunless and until the Board or its authorized representativehas delivered to the delinquent owner or owners of suchcondominium, not less than fifteen (15) days before recordation of the notice of assessment, a written notice ofdefault and a demand for payment, and unless such delinquency has not been cured within fifteen (15) days afterdelivery of notice. The lien shall expire and be voidunless extended as provided in Civil Code Section 1356.

7.3 Notice of Default; Foreclosure. Not more than one(1) year nor less than ten (10) days after the recording ofthe notice of assessment, the Board or its authorized representative can record a notice of default and can cause thecondominium to be sold in the same manner as a sale is con-ducted under California Civil Code §§2924b-2924c, or throughjudicial foreclosure, However, as a condition precedent tothe holding of any such sale under Section 2924c appropriatepublication shall be made. In connection with any saleunder Section 2924c the Board is authorized to appoint itsattorney, any officer or Director, or any title insurancecompany authorized to do business in California as trusteefor purposes of conducting the sale. If a delinquency iscured before sale, or before completing a judicial foreclosure the Board or its authorized representative shall causeto be recorded in the office of the County Recorder of LosAngeles County a certificate setting forth the satisfactionor such claim and release of such lien on payment of actualexpenses incurred, including reasonable attorney's fees notto exceed One Hundred Fifty Dollars ($150.00) by any delinquent owner. On becoming delinquent in the payment of anyassessments or installments, each delinquent owner shall bedeemed to have absolutely assigned all rent, issues and profits of his condominium to the Association and shall furtherbe deemed to have consented to the appointment of a receiver

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(which appoincmenc may, at the election of the Associationbe enforced by the Association through specific performance).The Association, acting on behalf of the owners, shall havethe power to bid in the condominium at a foreclosure saleand to acquire, hold, lease, mortgage and convey the condominium.

pcemptions. Each owner, to the extentpermitted by law, waives, to the extent of any liens createdpursuant to Section 7, the benefit of any homestead or exemption laws of California in effect at the time any assessment, or installment becomes delinquent or any lien isimposed,

8. INSURANCE

8.1 Liability Insurance. The Association shall obtainand maintain comprehensive public liability insurance insuringand ^ny manager, the Declarant, and the ownersand occupants of condominiums, and their respective familymembers, guests, invitees, and the agents and employees ofeach, against any liability incident to the ownership or use?! the Common Area and including, if obtainable, a cross-

of interest endorsement insuringeach insured against liability to each other insured. Thelimits of such insurance shall not be less than $300,000.00covering all claims of death, personal injury and propertydamage out of a single occurrence. Such insurance shall include coverage against any liability or risk customarilycovered with respect to projects similar in construction,location, and use.

• Extended Coverage Insurance. The Asso-ciation also shall obtain and maintain a master or blanketpolicy of fire insurance for the full insurable value of all

improvements within the Development. Ihe form, content, and term of the policy and its endorsements and theissuing company must be satisfactory to all institutionalmortgagees. If more than one institutional mortgagee has aloan of record against the Development, or any part of itthe policy and endorsement shall meet the maximum standard

represented in theDevelopment. The policy shall contain an agreed amount en-^ liability from operation of buildinglaws endorsement or their equivalent, an extended coverage

endorsement, vandalism, malicious mischief coverage, a specialform endorsement and a determinable cash adjustment clauL or

" clause to permit cash settlement covering full valueof the improvements in case of partial destruction and a deci-policy shall be in the amounts asshall be determined by the Board. The policy shall name as

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insured the Association, the owners, and Declarant, as longas Declarant is the owner of any condominiums and all institutional mortgagees as their respective interests may appear,and may contain a loss payable endorsement in favor of thetrustee described in this Declaration.

8.3 Individual Fire Insurance Limited. Except as provided in this section no owner can separately insure hisunit or any part of it against loss of fire or other casualty covered by any insurance carrier under paragraph 8,2.If any owner violates this provision, any diminution in insurance proceeds otherwise payable pursuant to the provisionsof Section 8.4 that results from the existence of such otherinsurance will be chargeable to the owner who acquired otherinsurance, and the owner will be liable to the Associationto the extent of any such diminution. An owner can insurehis personal property against loss. In addition, any improve-ments made by an owner to the real property within his unitmay be separately insured by the owner, but the insurance isto be limited to the type and nature of coverage commonlyknown as tenant's improvements. All such insurance that isindividually carried must contain a waiver of subrogationrights by the carrier as to the owners, the Association andDeclarant.

8.4 Owner's Insurance. An owner may carry whateverpersonal liability and property damage liability insurancewith respect to his condominium that he desires. However,any such policy shall include a waiver of subrogation clauseacceptable to the Board and to any mortgagee.

9. DESTRUCTION OF IMPR0VEJ4ENTS.

9.1 Destruction; Proceeds Over 85Z. If there is atotal or partial destruction of the improvements in theDevelopment, and if the available proceeds of the insurancecarried pursuant to Section 8 are sufficient to cover notless than eighty-five percent (85Z) of the costs of repairand reconstruction, the improvements shall be promptlyrebuilt unless, within ninety (90) days from the date ofdestruction, members then holding at least seventy-fivepercent (75%) of the total voting power of members presentand entitled to vote, in person or by proxy, at a dulyconstituted meeting shall determine that such repair andreconstruction shall not take place. If repair and reconstruction is to take place, the Board shall be required toexecute, acknowledge and record in the office of the LosAngeles County Recorder, not later than one hundred twenty(120) days from the date of such destruction, a certificatedeclaring the intention of the members to rebuild.

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9.2 Destruction; Proceeds Less Than S5%. If the proceeds of the insurance are less than eighty-five percent(85Z) of the costs of repair and reconstruction, repair andreconstruction nay nevertheless take place if, within ninety(90) days from the date of destruction, members then holdingat least fifty-one percent (51Z) of the total voting.powerof members present and entitled to vote, in person or byproxy, at a duly constituted meeting, determine that suchrepair and reconstruction shall take place. If repair andreconstruction is to take place, the Board shall be requiredto execute, acknowledge and record in the office of the LosAngeles County Recorder, not later than one hundred twenty(120) days from the date of such destruction, a certificatedeclaring the intention of the members to rebuild.

9.3 Rebuilding Procedures. If the members determineto rebuild, pursuant to paragraphs 9.1 or 9.2, the owner ofeach unit loca-ted within a structure that has been totallyor partially destroyed shall be obligated to contribute hisproportionate share of the cost of reconstruction or restoration of the structure containing his unit, over and abovethe available insurance proceeds. All owners shall contribute their proportionate share of the cost of reconstructionand restoration of any portion of the Common Area not comprising the structure within which a unit is located, andthe proportionate share of each owner shall be equal to afraction the numerator of which is one (1) and the denominator of v^ich is the number of condominiums then comprisingpart of the Development. If any owner fails or refuses topay his proportionate share, the Board may levy a specialassessment against the condominium of such owner which maybe enforced under the lien provisions contained in Section 7or in any other manner provided in this Declaration. If anyowner disputes the amount of his proportionate liabilityunder this section, such owner may contest the amount ofliability by submitting to the Board within ten (10) daysafter notice to the owner of his share of the liability written objections supported by cost estimates or other information that the owner deems to be material and may request ahearing before the Board where he may be represented bycounsel. Following such hearing, the board shall give written notice of its decision to all owners. If such adjustmentsare recommended, the notice shall schedule a special meetingof members for the purpose of acting on the Board's recommendation, including making further adjustments, if deemed bythe members to be necessary or appropriate. All adjustmentsshall be affirmed or modified by a majority of the totalvoting power of members. If no adjustments are recommendedby the Board, the decision of the Board shall be final andbinding on all owners, including any owner filing objections.

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9.4 Rebuilding Contract. If the members determine torebuild, the Board or its authorized representative shallobtain bids from at least two reputable contractors andshall award the repair and reconstruction work to the lowestbidder. The Board shall have the authority to enter into awritten contract with the contractor for such repair andreconstruction, and the insurance proceeds held by thetrustee shall be disbursed to the contractor according tothe terms of the agreement. It shall be the obligation ofthe Board to take all steps necessary to assure the commencement and completion of authorized repair and reconstructionat the earliest possible date.

9.5 Rebuilding Not Authorized. If the members determine not to rebuild, any insurance proceeds then availablefor such rebuilding shall be distributed to the owner ofeach condominium and their respective mortgagees proportionately according to the respective fair market values of theunits at the time of destruction as determined by an independent appraisal in accordance with the procedure specifiedin Section 10.5 herein. The Board shall have the dutywithin one hundred and twenty (120) days from the date ofsuch destruction, to execute, acknowledge and record in theOffice of the County Recorder of Los Angeles County, a certificate declaring the intention of the members not to rebuild,

9.6 Minor Repair and Reconstruction. In any case, theBoard shall have the duty to repair and reconstruct improvements, without the consent of members and irrespective ofthe amount of available insurance proceeds, in all cases ofpartial destruction when the estimated cost of repair andreconstruction does not exceed Twenty Thousand Dollars ($20,000)The Board is expressly empowered to levy a special assessmentfor the cost of repairing and reconstructing improvements tothe extent insurance proceeds are \inavailable, such assessment .to be levied as described in Section 9.3 (but without theconsent or approval of members despite any contrary provisions)in this Declaration.

9.7 Revival of Right to Partition. On recordation ofa certificate described in Section 9.5, the right of anyowner to partition through legal action as described inSection 11 shall revive immediately.

10. CONDEMNATION.

10.1 Sale by Unanimous Consent. If an action for condemnation of all or a portion of the Development is proposedor threatened by any governmental agency having the right ofeminent domain, then, on unanimous written consent of all ofthe owners and after written notice to all mortgagees, theDevelopment, or a portion of it may be sold.

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10.2 Distribution of Proceeds of Sale. On a saleoccurring under Section 10.1, the proceeds shall be distributed to the owner and the mortgagees of each condominium astheir respective interests may appear according to the unanimous consent of the owners affected or, if said consent isnot forthcoming, according to the relative values of theaffected units as determined by Section 10.5 herein.

10.3 Distribution of Condemnation Award. If theDevelopment, or a portion of it, is not sold but is insteadtaken, the judgment of condemnation shall by its termsapportion the award among the owners and their respectivemortgagees, according to the relative values of the unitsaffected by the condemnation as determined by Section 10.5herein.

10.4 Revival of Right to Partition. On sale or ontaking that renders more than fifty percent (50Z) of theunits in the Development uninhabitable, the right of anyowner to partition through legal action shall revive immediately.

10.5 Procedures for Independent Appraisal. The Boardshall obtain an independent appraisal of the affected condominium units by selecting two appraisers who shall select athird appraiser. In the event the two appraisers selectedshall fail, within 10 days after their selection, to agreeupon the third, then the Presiding Judge of the SuperiorCourt of the county in which the Development is located shall,upon the Board's request, appoint within ten (10) days aftersuch request, a third appraiser. The appraisers so selectedor appointed shall promptly proceed to determine the fairmarket value of the affected \inits; any valuation agreed uponby a majority of such appraisers shall be accepted as finaland conclusive by the Association and by any court of competent jurisdiction and shall ipso. facto become the fair marketvalue of the units. All appraisers shall be members of theAmerican Institute of Real Estate Appraisers.

11. PARTITION.

11.1 Suspension. The right of partition is suspendedpursuant to California Civil Code §1354 as to the Development.Additionally, partition of the Development can be had on ashowing that the conditions for partition as stated in Section9.7 or Section 10.4 have been met. Nothing in this Declarationshall prevent partition or division of interest between jointor common owners of one (1) condominium.

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property psulcing from partition shall bedistributed to and among the respective owners and theirmortgagees as their interests appear according to the ratiocreated by comparing the fair mkrket value of^ne ^^t withthe fair market value of all units immediately prior to

iectlofiS^^erein®""""^®" determined according to

rnHo Attorney. Pursuant to California CivilCode S 1355(b)(9), each owner grants the Association anirrevocable power of attorney to sell the Development for

owners when partition can be had. ExerciseChe power is subject to the approval of the members.

12. NONSEVERABILITV OF COMPONENT INTERESTS IN ACONDOMINIUM

» Prohibition against Severability. An owner shallin and his membership from

interest in the Common Area specified in^hibit Bfor any purpose. None of the component interestscan be severally sold, conveyed, encumbered, hypothecated or

violation or attSipte"violation of this provision shall be void. Similarly, no ownercan sever any exclusive easement appurtenant to his unit

to^do so sh^l\e^voirf'^°°"K" condominium, and any attemptao so shall be void. The suspension of his rieht of

leerinn^n'^^ extend beyond the period set forth inSection 11 respecting the suspension of partition It is

CivU Code®SU55(g)!®"'̂ " severabilicy pursuanc to CaliforniaConveyance. After the initial sale of the condo-

conveyance of a unit, or of che componenc iS-ahall hi co^n area, by the owner of any condominiumprestaied to convey the entire condominium, howevernothing contained in this section shall preclude the owner '

13. TERM OF DECLARATION.

Hiis Declaration shall run with the land anH ehaiicontinue in full force and ef^crfor a peSod If f!fty (50)Aft« chl? tiL'̂ ?M,°S Declaration ifexefuLd^Atcer chac cpe this Declaration and all covenants condi-

PvfonH and other provions shall be automaticallyextended for pccesspe periods of Cen (10) years each unleLextinguished by a written instrument executed by at least

Of chfcondom^Lms/it" Lo® Angeles County Record^

expiration of said fifty(50) year period or the expiration of said ten (10) yearperiod as the case may be. ^

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14. PROTECTION OF MORTGAGEES.

14.1 Mortgage Permitted. Any owner may encumber hiscondominium with a mortgage.

14.2 Subordination. Any lien created or claimed underthe provisions of this Declaration is expressly made subjectand subordinate to the rights of any first mortagage thatenciphers all or a portion of the Development, or any condominium, made in good faith and for value, and no such lienshall in any way defeat, invalidate, or impair the obligationor priority of such mortgage unless the mortgagee subordinateshis interest, in writing to such lien.

14.3 Amendment. No amendment to this Declaration, theArticles or the Bylaws shall affect the rights of any mortgageeunder any mortgage made in good faith and for value and recorded before the recordation of any such amendment unlessthe mortgagee either joins in the execution of the amendmentor approves it in writing as a part of such amendment.

14.4 Foreclosure. If any condominium is encumbered bya first mortgage made in good faith and for value, theforeclosure of any lien created by any provision set forthin this Declaration for assessments, or installments ofassessments shall not operate to affect or impair the lienof the mortgage. On foreclosure of the mortgage, the lienof assessments or of installments that have accrued up tothe time of foreclosure shall be subordinate to the lien ofthe mortgage, with the foreclosure purchaser taking title tothe condominium free of the lien. On taking title to thecondominium the foreclosure purchaser shall only be obligatedto pay assessments or other charges levied or assessed bythe Association after the foreclosure purchaser acquiredtitle to the condominium. The term "foreclosure" as used inthe Declaration shall include the exercise of a power ofsale involving a default under said mortgage.

14.5 Restrictions on Certain Changes. Except as maybe provided by statute in case of condemnation or substantialloss to the units or Common Area, unless at least two-thirds(2/3) of the first mortgagees (based upon one vote for eachfirst mortgage owned), or owners other than Declarant of theindividual units have given their prior written approval,the Association shall not be entitled;

14.5.1 By act or omission to seek to abandon or terminate the condominium project;

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14.5.2 To change the pro rata interest or obligationsof any individual unit for the purpose of (a) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards, or (b) determiningthe pro rata share of ownership of each unit in the CommonArea;

14.5.3 To partition or subdivide any unit;

14.5.4 By act or omission to seek to abandon, partition,subdivide, encumber, sell, or transfer the Common Area. Thegranting of easements for public utilities or for other publicpurposes consistent with the intended use of the Common Areaby the Association or the owners shall not be deemed a transferwithin the meaning of this clause;

14.5.5 To use hazard insurance proceeds for losses tounits or the Common Area for other than the repair, replacement,or reconstruction of such property, except as provided by statute in case of substantial loss to the units or the Common Area.

14.6 Right to Examine Books and Records. First mortgageescan examine the books and records of the Association or theDevelopment and can require the submission of financial dataconcerning the Association or the Development, includingannual audit reports and operating statements as furnishedto the owners.

14.7 Distribution of Insurance and Condemnation Proceeds.No \m±t owner, or any other party, shall have priority overany right of first mortgagees of units pursuant to their imortgages in case of a distribution to unit owners of in- 'surance proceeds or condemnation awards for losses to or ataking of units or Common Area. Any provision to the contraryin this Declaration, the Bylaws, or other doc\iments relatingto the Development is to such extent void. All applicablefire and all physical loss or extended coverage insurancepolicies (except those relating to personal property ownedby unit owners) shall contain loss payable clauses acceptableto the affected mortgagees naming the mortgagees, as theirinterests may appear.

14.8 Notices to Mortgagees of Record. On any loss toany unit covered by a mortgage, if such loss exceeds $1,000,or on any loss to the Common Area, if such loss exceeds$10,000, or on the taking of the Common Area, notice inwriting of such loss or taking shall be given to each mortgagee of record. If any owner of a unit is in default underany provisions of this Declaration,•the Bylaws, or theAssociation's rules and regulations, which default is notcured within thirty (30) days after written notice to suchowner, the Association shall give to the mortgagee of recordof such owner written notice of such default and of the factthat said 30 day period has expired.

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14.9 Effect of Breach. No breach of any provisions ofthis Declaration shall invalidate the lien of any mortgagein good faith and for value; this Declaration shall bebinding on any owner whose title is derived through foreclosure sale, trustee's sale, or otherwise.

14.10 Non-Curable Breach. Any mortgagee who acquiredtitle to a condominium by foreclosure shall not be obligatedto cure any breach of this Declaration that is non-curableor of a type that is not practicible or feasible to cure.

14.11 Loan to Facilitate. Any mortgage given to securea loan to facilitate the resale of a condominium after acquisition by foreclosure shall be deemed to be a loan made ingood faith and for value and entitled to all of the rightsand protections of Section 14.

14.12 Appearance at Meetings. Because of its financialinterest in the Development, any mortgagee may appear atmeetings of the members and the Board to draw attention toviolations of this Declaration that have not been correctedor made the subject or remedial proceedings or assessments.

15. CONTRACTS WITH DECLARANT

Any agreement between the Association and Declarantpursuant to which Declarant agrees to provide services shallprovide for termination by either party without cause orpayment of a termination fee on thirty (30) days' writtennotice and shall have a maximum contract term of one (1)year; provided that the Board can renew any such contract ona year-to-year basis.

16. AtlENDMENT.

16.1 Amendment Before Close of First Sale. Before theclose of the first sale in the Development to a purchaserother than Declarant, this Declaration and any amendments toIt may be amended in any respect or revoked by the executionby Declarant and any mortgagee of record of an instrument

Declaration. The amending or revoking instrumentshall make appropriate reference to this Declaration and itsamendments and shall be acknowledged and recorded in theoffice of the Los Angeles County Recorder.

16.2 Amendment After Close of First Sale. After theclose of the first sale of a condominium in the Developmentto a purchaser other than Declarant, this Declaration may beamended or revoked in any respect by the vote or writtenconsent of the holders of not less than seventy-five percent(75Z) of the total voting power of the Association and

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fifty-one percent (51Z) of the voting power of members otherthan Declarant. If any provision of this Declaration requiresa greater or lesser percentage of the voting rights of membersin order to take affirmative or negative action under suchprovision, the same percentage of such members shall be required to amend or revoke such provison. Any amendment orrevocation subsequent to the close of such first sale shallbe evidenced by an instrument certified by the Secretary orother duly authorized officer of the Association and shallmake appropriate reference to this Declaration and its amendments and shall be acknowledged and recorded in the officeof the Los Angeles County Recorder.

17. GENERAL PROVISIONS.

17.1 Headings. The headings used in this Declarationare for convenience only and are not to be used to interpretthe meaning of any of the provisions of this Declaration.

17.2 Severability. The provisions of this Declarationshall be deemed independent and severable. and the invalidityor unenforceability of any provisions shall not invalidateany other provisions.

17.3 Cumulative Remedies. Each remedy provided for inthis Declaration shall be c\jmulative and not exclusive. Failure to exercise any remedy provided for in this Declarationshall not, under any circumstances, be construed as a waiverthereof.

17.4 Violations as Nuisance. Every act or omission inviolation of the provisions of this Declaration shall constitute a nuisance and may be enjoined or abated whether or notthe relief sought for is negative or affirmative action byDeclarant, the Association, or any owners.

17.5 Notices. Any notice permitted or required to bedelivered as provided herein shall be in writing and may bedelivered either personally or by mail. If delivery is madeby mail, it shall be deemed to have been delivered seventy-two (72) hours after a copy of the same has been depositedin the United States mail, postage prepaid, addressed to anyperson at the address given by such person to the Associationfor the purpose of service of such notice, or to the unit ofsuch person if no address has been given to the Association.Such address may be changed from time to time by notice inwriting to the Association.

17.6 Number; Gender. The singular shall include theplural and the plural the singular unless the context requiresthe contrary, and the masculine, feminine, and the neutershall include masculine, feminine, or neuter, as the contextrequires.

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17.7 Exhibits. All exhibits referred to are attachedto this Declaration and incorporated by reference.

17.8 Easements Reserved and Granted. Any easement referred to in this Declaration shall be deemed reserved orgranted, or both reserved and granted, by reference to thisDeclaration in a deed to any condominium.

17.9 Binding Effect. This Declaration shall inure tothe benefit of and be binding on the successors and assignsof the Declarant, and the heirs, personal representatives,grantees, tenants, successors and assigns of the owners.

17.10 Attorney's Fees. If any owner defaults inmaking a payment of assessments or in the performance of anyprovision in this Declaration, and the Association has obtained the services of any attorney with respect to the defaultsinvolved, the owner covenants and agrees to pay the Associationall costs and fees incurred, including reasonable attorney'sfees, regardless of whether legal proceedings are instituted.In case a suit is instituted the owner shall also pay thecost of the suit, in addition to such costs and fees.

18. SPECIAL PROVISIONS - ENFORCEMENT OF BONDED OBLIGATIONS

18.1 The Board shall consider and vote the question ofaction by the Association to enforce the obligations under anybond or set aside letter with respect to any improvement forwhich a Notice of Completion has not been filed within 60 daysafter the completion date specified for that improvement inthe Planned Construction Statement appended to said bond orset aside letter. If the Association has given an extensionin writing for the completion of any common area improvement,the Board shall consider and vote on the aforesaid questionif a Notice of Completion has not been filed within 30 daysafter the expiration of the extension.

18.2 A special meeting of members for the pu^ose ofvoting to override a decision by the Board not to initiateaction to enforce the obligations under said bond or set asideletter or on the failure of the Board to consider and vote onthe question. The meeting shall be held not less than 35 daysnor more than 45 days after receipt by the Board of a petitionfor such a meeting signed by members representing 51 or moreof the total voting power of the Association.

18.3 A vote by members of the Association other than thesubdivider shall occur at the special meeting called for thepurpose set forth in 18.2 above.

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18.4 A vote of a majority of the voting power of theAssociation residing in members other than the subdividerto take action to enforce the obligations under said bondor set aside letter shall be deemed to be the decision ofthe Association and the Board shall thereafter implementthis decision by initiating and pursuing appropriate actionin the name of the Association.

Declarant has executed this instrument as of June 11, 1984

- LOS ANGELES

UNITED CITIZENS MORTGAGE COMPANY,a California corporation

RICHARD GARBER

Its Vice President

Its Assistant Secretary

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Mildred F. Maldonado

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Mildred F. Maldonado— CAUTOHNIA

principal ornce (nIfc, « . ANGELES COUNTYjwy wmmissfon Expires April 24, 1925

"Jhis arw.- Of official teol)

EXHIBIT "A"

That real property located in the City of Baldwin Park,County of Los Angeles, State of California, and more sspecifically described as:

Lot 1 of Tract 42978 as per map recorded inBook 1036, Pages 63 and 64 of Maps, OfficialRecords of the County Recorder of said County.

EXHBIT "B"

1. Declarant proposes to improve the real property byconstructing on it improvements containing seventy (70)dwelling units, all in accordance with plans and specificationsfor it'on file with the County of Los Angeles, California.

2. The Common Area consists of Lot 1 of said Tract No.42978 excepting the seventy (70) units of the Development,which seventy (70) units are more specifically defined inthe Condominium Plan.

3. The respective interest in the Common Area to beconveyed with each unit comprises an undivided one seventieth(1/70) interest.

4. Each .unit shall be a separate element consisting ofthe space bounded by and contained within the interiorsurfaces of the perimeter walls, floors, ceiling, windows,and doors of each unit, together with an exclusive appurtenanteasement with respect to each unit as shown and defined inthe Condominium Plan. Said easement shall be for the exclusiveuse and enjoyment of the owner of the unit to which it isappurtenant for all purposes not inconsistent with theprovisions, restrictions and limitations contained in thisDeclaration and in the Bylaws. This includes the right ofthe Association to service, maintain, landscape, and otherwisecare for the Common Area. The term "unit'* means and includes,for the purposes of this Declaration, all of the abovedescribed ownership interests, except when the contextclearly ^dicates to the contrary. Each unit includes boththe portions of the building and the airspace so encompassed, excepting therefrom any central services, pipes,ducts, chutes, conduits, and wires, wherever located withinthe unit, (excluding from this exception outlets within theunit.)

EXHIBIT "C"

CONDOMINIUM PLAN - TRACT NO«™.Y J2fass.%5r.'ai»»«

FOR LOT 1, tract NO. 42978, IN THE CITY OF BALDWINPARK, COUNTY OF LOS ANGELES, STATE OF CAlJSoRWAAS PER MAP FILED IN BOOK 1036PA6ES 63-64 WTlIfE'OFFICE OF THE COUNTY RECSSnCER OF 3A1P CC'uNTY.

floor plans of the buildings to 'RECONSTRUCTED ON SAID LOT, AND CERTIFICATE ASrequired under CALIFORNIA CIVIL CODE SECTION 1351.

WE HEREBY CERTIFY THAT WE ARE THE OVITNERS OF RECORD HCM_DPR<:

iSx^DED WTHlN^T^pi?^^ interested IN THE LANDiri^UDED WITHIN THE PROJECT SHOWN ON THIS PLAN. AND THAT WF

the PURSUANT TOthe CmL code S, part 4. DIVISION SECONO OFUNITED CITIZENS MORTGAGE COM>ANY. ACALIFORNIA CORPORATION. OWNER

N/K5t t*tt6SiOgNT

STATE OF CALIFORNIACOUNTY OF LOS ANGELES

"ASTTJECfilTAlTT-

suMof Cflllfnmifl .

County of Los Angeles5S.

bOtAMMJiCQUNIV

ir coHMt •» a iM I

Onihl#m«.^li^dayol

Jesselen Greenidgeth« undamgnad Notary PuMic, porsonalty«ppMr«d

Richard Sarber and Susan I. EdwirdsXX PMsonaiiy known to ino• Piw^ tomoOA tiM boltolutltfaetorycvidsnctto bo UM p«f80A(t)wfiooneutid tn« wttmninatnimMtas

StCi oronoaftanofmocorpowtiontftftnnamad. and aelinowladoad tomo that tlM eorporaflo^aiacutatf ItWl^SSSmynandandolfleialfli '̂. f

•. V^ '̂. 11 . ....

,18^1 . iMtor* m*.

N

SHEET 2 OF IV SHEETS

CONDOMINIUM PLAN - TRACT NO. 42978(N TH£ CITY OF BALDWIN PARK

COUNTY Of LOS ANQELES, STATE OF CALIFORNIA

ENGINEER'S CERTIFICATE:

I HEREBY CERTIFY THAT I AM A REGISTERED CIVIL ENGINEER OFTHE STATE OF CALIFORNIA, THAT THIS PLAN CONSISTING OF

SHEETS CORRECTLY REPRESENTS THE BOUNDARIES OF THEUMfTS SHOWN HEREIN WHICH WERE TAKEN FROH THE BUILDING PLANSOF THE CONDOMINIUM PROJECT.

LAWRENCe^. S^GHX

V

SHEET S OF 15 SHEETS

CONDOMINIUM PLAN - TRACT NO. 42978IN THE CITY OF BALDWIN PARK

COUNTY OF LOS ANGELES, STATE OF CALIFORNIANOTES AND DEriHITIOHS:

1. Th« coBunon area of this project Is the land and real propertyIncluded within the boundary lines of Lot 1, Parcel Map No./Tract No iizZL., in the City of 8ALCWTW "ARK . County ofLos Angeles. State of California, Office of the Recorder ofsaid county, except those portions shown and defined herein asUnits 1 thru 70.

2. This Parcel/Tract is a condominiuo project whereby the owners ofthe units of air space will also hold an undivided intetiscc inthe common area which will in turn provide access and utilityeasements for the units.

3. Units 1 thru_20each consists of a dwelling space shown herein*after and designated by a number followed by the letter "A"' ai^9. -^Trvber, C«-e. I A-i ; 2A-Z) cund q, acuroac , <x (xnol cx,

« J.--1 r 1-

7.

8.

9.

10.

v¥w hviat, viccrvtijBr'

, Ci^ or I^, O'l sftatvn- vrxotcrtHe. flip© C2f •pUobHf Cj -nywfc.

Whenever reference is made to any of Units _I2_ it shall beconstrued that reference is made to the unit as a whole and eachof its component parts.

The boundaries of each unit and air spaces set forth herein aremeasured to the interior surfaces of the perimeter walls, floors,ceilings, windows and doors thereof where they exist and portionsof the buildings and improvements lying within said boundaries(except as stated in Note 6 below) otherwise the lateral boundaries are to the vertical planes at the limits of the horizontaldimensions shown herein and the vertical boundaries are as followslower vertical boundaries are to the horizontal planes at thelower limit elevations shown herein and the upper vertical boundaries are to the horizontal planes 8.08 feet above said lowerlimit elevations unless otherwise shown on the profHe sheets.

The following are not part of the unit; bearing walls, columns,floors, roofs, foundations, slabs, pipes, chutes, ducts, flues,conduits, wires, and other utilities, wherever located exceptoutlets thereof within the units.

The boundary lines of all units intersect at right angles unless*otherwise indicated.

All exterior wall thicknesses are Q,J3_ feet, interior wallsil-4Qfeet, double walls are Q-^6 feet, unless otherwise indicated.

All ties from lot lines are to the Interior boundaries of thebuildings and at right angles, unless otherwise indicated.

The diagrammatic floor plans contained herein intentionally omitinformation with respect to the internal partitioning within theunits. Likewise, such details as the protrusion of vents, ducts,beams, columns, window casing and other such features into theair space encompassed by the units as shown are not intended tobe reflected in this Condominium Plan.

11. BASIS OF BEARINGS: The bearings shown hereon are based on thebearing N 51° 21' 2" Wof the centerline of Waco Street, asshown on map of tract No. 11216 recorded in book 197, page 40of maps, records of Los Angeles county.

12. BENCH MARK: (CITY B.M.)PK nail curb S iy end of catch basin on west curb of Tracy Sc.TSM''?Uv®"fli®05 ^ in "P curb W1, curb.

« 9 !•

CONDOMINIUM PLAN - TRACT NO. 42978M TM art or iaumm mrk

eouMTY or UM «wn n, state of

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"'OONOOMINIUM PLAN -TRACT NO. 42978m TMC CtTV OF •ALOWM PAMIC

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CONDOMINIUM PLAN - TRACT NO. 42978•§ !•« CTTV OF tALOWM PAmi

COUNTY OF LOt AWELES. TTATt OF CAL

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CONDOMINIUM PUN - TRACT NO. 42978m IMC cmr op ialowm pamc

COUNTY OP U3t AMOCUES, STATE OP CAL

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CONDOMINIUM PLAN - TRACT NO. 42978TNK tnr OP BALOWM PAMK

STATC OF CAI.OOUMTY LOB

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CaioOMlNIUM PLAN -TRACT NO. 4297im -nm

COUNTV cm Mcmr OF lALOWM PAIttC

STATE OF CA4.

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SECTION A-A(SEE SHT.8)

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SECTION D-D<SEE SHT 9)

s

SHEET IS OF 16 SH6£TS

CONDOMINIUM PLAN - TRACT NO. 42978IN THE CITY OF BALDWIN PARK

COUNTY OF LOS ANQELES, STATE OF CALIFORNIA

UNITNO. GARAGES

DUFTTTNGSUNITNO. garages

DWELLINGS

Isr FLR 2ncl FLR lac FLR 2nd FLR

1 318.50 319.50 328.57 36 320.62 329.69

? ft ir 127 SQ 17 ft ri tt tt

3 If38 >1 ri »l ft

4tl M

19 ft It 171 60 110 67

5H It 319-50 328.57 40 120.20 320.70 329.77

6 319-50 320-50 329.57 41 It ft 329-77

7 ft It328-57 42 It It It' It

8 It It It It 43 It It It ft

9 tt It ft ft 44 It It It tt

10 ft If320.50 329.57 45 It It 320.70 329.77

11 320.02 321.00 330-07 46 31970 320.70 329 77

12 It It329.09 47 If ft

328.77

1.1 It It If It AR ft ft It It

14 tt It It It 49 If ft ft ft

IS ft .11 121 nn iin n? sn If ft 120 70 77

16 320.39 321 fin 330.67 51 319.49 328.58

17 II It329.67 52 11 It ft ft

18 II It It It53 It It It ft

19 II It 321.60 330.67 54 It It 320.50 329.57

7n 15 127 15 111 22 55 119 na 120 Oft 129 15

21 ft It330.22 56 It It 328.15

22It It It If 57 319.72 ft ft

23 It It It It 58 It It 320.72 329.79

24 It It It It 59 319.84 320.89 329.91

2?It tt

322.15 331.22 60 It It ft tt

120 59 329.66 61 It It n ft

27 It It It It 62 It It It It

2B n tt 121 AO 330 67 63 319.02 328.09

29 321.15 331.22 64 tt It __ tt It

30It ft 322.15 331.22 65 II It 319.52 •f It

31 320.2? 321.10 330.37 66 319.72 320.22 329.29

32ft tt

330.36 67 It It328.79

'i'i ft It ft ft 68 It It •t It

34tt It ft tt 69 319.97 320 59 329-64

11 It

321.30 330 17 70 It It329.04

NOTE: ELEVATIONS SHOWN HEREON ARE PER GRADING PLAN TRACT 1THE elevations SHOWN HEREON ARE TO THE LOWER LIMITS OFSPACE UNIT SPFCJFIED.

NO. 42978.

EXHIBIT D

PRORATED HOMEOWNER ASSESSMENT CALCULATIONS

1. Begin with total square footage of units - square footage averaged whendifference in unit size is within 50 square feet. s 5 n

8 units (3,8,15,18,33,39,54,64) at 737 sq. ft. 737 „ g - s aofi8units (34.35,37,38,52,53,62,63) at 879 sq. ft." 879 x I - imt

16 units (13,14,19,20,22,23,26,27,42,43,48,49, )508 sq. ft. — 14,528)

12 units (16,28,31,40,41,44,46,50,56,61,66,69 )a(7s 921 x 33 * 30 393at 925 sq. ft. inn^

5 units (5,6,30,36,65) at 953 sq. ft. 4 765,10 units (1,4,7,10,11,24,29,32,55,60) at 1,035 sq. ft. — iu',350)

Total Average Square Footage 65,5812. Calculation of Proration Percentage - unit average square footage divided by

total average square footage.

737 divided by 6S,581 = .01124 8 x .01124 - 08992no? 65,581 » .01340 8 x .01340 » !l0720divided by 65,581 =» .01404 33 x..01404 « *46332

1,060 divided by 65,581 » .01616 21 x .01616 - !33936

, .99980 » lOOZUse .01124 for units 3,8,15,18,33,39,54,64

- Use .01340 for units 34,35,37,38,52,53,62,63^ Use .01404 for units 5,6,13,14,16.19,20,22,23,26,27,28,30,31,36,40,41,42,43,

^ 44,46,48,49,50,56,58,59,61,65,66,67,68,69' Use .01616 for units 1,2,4,7,9,10,11,12,17,21,24,25,29,32,45,47,51,55,57, •60,70

. percentage^or each^unit!" '̂̂ " multiplied by proration

c'S'nsS:p%LTlnr«eLrc"St- -of. and water (unit'J«latL'n^e?centIgnorfLh°Sn2t%?^o"'̂ '̂ items and ^Itiply same by theyou the tolal montlly7LrTted%%|̂ :rfo1''IIih'unft!''="'"""

4. Base calculation - total equal monthly costs divided by number of units