Motion-Secondary: Julie Nguyen vs Little Orchard Business Park Owners Association

On October 23, 2017 a Motion-Secondary was filed involving a dispute between Julie T. Nguyen, and Little Orchard Business Park Owners Association, Peter Weber, for Writ of Mandate Unlimited (02) in the District Court of Santa Clara County.

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ROBERTS + ELLIOTT
Law Corporation
JAMES ROBERTS, SBN 98804
SHARMI SHAH, SBN 233110
150 Almaden Boulevard
Suite 950
San Jose, CA 95113
Telephone: (408) 275-9800
Fax: (408) 287-3782
Email: jroberts@robertselliott.com
sshah robertselliott. m

Attorneys for Petitioner
Julie T. Nguyen

10 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF SANTA CLARA
12 GENERAL JURISDICTION
13

14 JULIE T. NGUYEN, No. 17CV317898
15 Petitioner, DECLARATION OF JULIE T.
NGUYEN IN SUPPORT OF
16 vs. PETITION FOR WRIT OF MANDATE
17 LITTLE ORCHARD BUSINESS PARK ) Date: August 9, 2018
OWNERS ASSOCIATION, Time: 9:00 A.M.
18 Dept: 6
Respondent. ) Judge: Hon. Theodore Zayner
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21 Julie T. Nguyen declares:
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22 lam Petitioner in this proceeding.
23 2 Each of the items in this declaration are of my own personal knowledge and,
24 if called, | could competently testify thereto. | am a duly authorized custodian of the
ma records of for my real property investment and have supervision control of such records.
26 Copies of records attached hereto are of the type customarily kept and made as part of its
27 regularly-conducted business activities. All entries in said records were made at or about
28 the time of the event was recorded in the records of and in the regular course of business.
DECLARATION OF JULIE T. NGUYEN IN SUPPORT
OF PETITION FOR WRIT OF MANDATE 1
THE SETTING
3 | am the owner of certain real property located at 1859 Little Orchard St, San
Jose, California 95125-1034, Santa Clara County, Assessor's Parcel Number 455-40-020,
Legal Description: Lot Number: 2; Subdivision: Little Orchard Business Park: Unit: 5A;
TRACT: 7849; City/Muni/Twnsp: San Jose; Map: Or J692 pg 1217 (hereafter referred to
as "the 1859 Little Orchard St Street Property” or “the Unit”). In turn, that certain real
property is a unit identified on the plan in a common interest/condominium development

(hereafter referred to as “the Property") governed by an association.
4 Respondent Little Orchard Business Park Owners Association, is a California

10 non-profit mutual benefit corporation and the governing body of the association (hereafter
ll referred to as “the Association’).
12 Respondent Little Orchard Business Park Owners Association is at least subject to
13 certain governing documents including, inter alia, a Little Orchard Business Park Enabling
14 Declaration recorded at Santa Clara County Recorders Office on May 15, 1986 as
15 Document Number 8784174, attached hereto as EXHIBIT A (hereafter referred to as “the

16 Declaration” or “CC&Rs"), as corrected and amended and Bylaws, attached hereto as
17 EXHIBIT B (hereafter referred to as “the Bylaws”), as well as the laws of the State of
18 California governing non-profit mutual benefit corporations and common
19 interest/condominium developments.

20 PURPOSE FOR THE INSPECTION
21 5, Petitioner's purpose in demanding inspection of records is to investigate the
22 financial condition of the association and propriety of the association's board activities and
23 of the board members (including duties as a member of any board committee on which the
24 director may serve), and to determine the rights and obligations of Petitioner as itpertains
25 to the Association.
26 6 Petitioner's purpose in inspecting the membership list includes to enable a

27 timely and cost effective distribution/circulation of materials related to membership
28 interests, and/or solicitation of information related to membership interests, including
DECLARATION OF JULIE T. NGUYEN IN SUPPORT
OF PETITION FOR WRIT OF MANDATE 2
circulation of a membership petition and/or solicitation of information as to investigate the
financial condition of the association and propriety of association board activities andof the
board members (including duties as a member of any board committee on which the

director may serve).
7. An audit of the books and records and an investigation of the property, funds,
and affairs of Respondent Association are necessary because Petitioner is informed and
believes that misappropriations may not be disclosed by a simple review of Respondent
Association's books and records.
| declare under the penalty of perjury under the laws of the State of California that
10 the foregoing is true and correct.
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12 pateo:_ 5 / /Z//k By:
Ng en
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DECLARATION OF JULIE T. NGUYEN IN SUPPORT
OF PETITION FOR WRIT OF MANDATE
EXHIBIT A
i % «COMMONWEALTH LAND TI. 2 CO.
Escrow No. 331920 wom
wy

ENGORSED COP
Rec FEE |e 8784174
When Recorded Return To: RMF HI Recorded at the raquest t!
John Paul Hanna, Esg. MICRO \ COMMONWEALTH LAND TITLE 60
525 University Avenue, Suite 1400
Palo Alto, California 94301 LIEN NOT 300
MAY 15 1986 AM.
SMPF
LAURIE KARE, Recordar
LITTLE ORCHARD BUSINESS PAR}ta Clara County, Official Reds
ENABLING DECLARATIO

TABLE OF CONTENTS| OI EIT
age f
INTRODUCTORY PARAGRAPHS A thru D eae . o i
ARTICLE 1

DEFINITIONS... .. 5+ ve . .

1.1 Articles ia ews oe
1.2 Assessment ow o8
1.3 Association. . see ee 2
4 Board or Board of Directors
1.5 Bylaws soe aes
1.6 Commercial Common Area”
1.7 Common Area.» = « .
1.8 Common Expenses se . a
19 Common Interest. - . .
1,10 Condominium o- .
Ll Condominium Building . . .
1,12 Condominium Common Area
1.18 Condominium Documents .
1.14 Condominium Plan oe 3
1.15 Declarant . oe * . *
1.16 Declaration eee . . .
1.17 Dividing Wall. 8 . . .
1,18 First Lender... - .
1.19 Interior Unit Boundary Line
1.20 Map . oeeawe eee
1.21 Member se eae
1.22 Mortgage ee . ’
1.23 Mortgagee. . . 3
1,24 Mortgagor . . .
1.25 Owner or Owners .
1.26 Person i . "
1.27 Project . . . . & 3
1.28 Project Documents . eee wee
1 Property or Properties .
1,30 Restricted Common Area(s)
1.31 Share . he eee eseae

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TABLE OF CONTENTS (Continued) - Page 2
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1.32 Singular and Plural . cee te ee . .
1.33 Unit sate . ohm oF .
1.34 Unit Designation . om. aoe
1.35 Utility Chase. . , . £4 eee ane

ARTICLE IT

DESCRIPTION OF PROJECT, DIVISION OF PROPERTY. AND
CREATION OF PROPERTY RIGHTS eae eee .

2.1 Description of Project. . oe
2.2 Division of Property wae .
A. Units . . wee ew ee >
B. Condominium Common Area . fee ee
c. Commercial Common Area. . .
2.3 Restricted Common Area eae . .
2.4 Parking «ss se ee ee eee
2.5 No Separate Conveyance of Undivided Interests
2.6 Rights of Entry and Use... 4. eee ee
2.7. Partition Prohibited i sees ee ee

ARTICLE Il
ASSOCIATION, ADMINISTRATION, MEMBERSIIIP AND
VOTING RIGHTS .. . o + eee eae soe

3.1 Association to Manage Common Areas
3.2 Membership See oe nee
3.3 Transferred Membership... . ++ +
3.4 Membership Classes and Voting Rights .
ClassA 2 ese ee ee nee .
Class B oe se ee ee o.

ARTICLE IV

MAINTENANCE AND ASSESSMENTS .. 1s . .

4.1 Creation of the Lien and Personal Obligation
of Assessments. ©... eee eee roe
4.2 Purpose of Assessments cee ee eee .
3 Annual and Special Assessments... .. ’
4.4 Reserves for Replacement. ....-..- 10
4.5 Notice and Quorum for Any Action Authorized
Under Sections 4.3 and4.4.... 4 6 . . 10
4.6 Division of Assessments . e eee * 06 10
4.7 Date of Commencement of Annual A. sment: Due Dates 10
4.8 Effect of Nonpayment of Assessments . oe . . ae 10
43 Transfer of Unit by Sale or Foreclosure s . * . . ll
4.10 Priorities; Enforcement; Remedies toe . 7 . . se 12
4.11 Unallocated Taxes . aeRO we oe . . * . 12

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TABLE OF CONTENTS (Continued) - Page 3
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ARTICLE V
DUTIES AND POWERS OF THE ASSOCIATION LB

5.1 Duties se eee . . 12
A. Maintenance. . . . 12
B. Insurance... , es & 13
Cc. Discharge of Liens : 13
D. Assessments . . oa 13
E. Payment of Expenses 13
Fe Enforcement o ' 13
G. Refuse Collection. . 13
5.2 Powers see eee . se eee 13
A. Utility Service . . i 13
B. Easements one 13
Cc. Manager 268 . SREB S 13
dD. Adoption of Rules . 14
E Access se eee o. 4
r. Assessments, Liens and Fines . 3 . l4
G. Enforcement. ... 2... 14
ne Acquisition and Disposition of Property MM
lL Loans ee ee ee oe 14
J Dedication oe ‘ oe i
Ke Contracts... . oe . . 14
Ly Delegation ee ee . . 15
M Security. ..- a> . . . 15
N. Appointment of Trustee . . 15
oO. Other Powers. . - «+ 15
5.3 Commencement of Association's Duties and Powers 15

ARTICLE VI

UTILITIES ww ew te ee te ee ees . ' 15

6.1 Owners! Rights and Duties... . 45. » 16
6.2 Easements for Utilities and Maintenance 16
6.3 Association's and Owner's Duties noe . . 16

ARTICLE VII

USE RESTRICTIONS * oe a 17

11 Condominium Use ye ee 17
12 Nuisances . . ee ee ee « 17
1.3 Vehicle R estrictions eae 17
TA Signs ae oe ee eee 7
1.5 Animals... 1 * 18
7.6 Garbage and Refuse Disposal . 18
1.1 Radio and Television Antennas 18
7.8 Architectural Control . aa 4 . 18

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7.8 Liability of Owners for Damage to Common Area . or 19
7.10 Overloading ee ee ee 19

ARTICLE VIII

GENERAL PROVISIONS . . 2 + + ee eee 19

8.1 Enforcement. .... + . . @ES Bs 19
8.2 Invalidity of Any Provision . . 19
8.3 Term fe eee eee 19
8.4 Améndments... .
. . 1g
8.5 Encroachment Rights . . . . 19
8.6 Rights of First Lenders . . . * . 20
A. Copies of Project Documents . 20
B Audited Statement ee ee . 20
c. Notice of Action... .. see
ee 20
8.7 Owner's Right and Obligation to Maintain and Repair 20
8.8 Insurance; Damage or Destruction ee eee 21
8.9 Condemnation Be ee ee ee . © x . 24
8.10 Limitation of Restrictions on Declarant . 25
8.11 Termination of Any Responsibility of Declarant oe 25
8.12 Owners’ Compliance . . . . . . . . . we 25
8.13 Notice . eee . . . . . . oo . se . 26
8.14 Tenant's Rights. . . . . . 2 * . . . . 26
8.15 Binding Arbitration . . . . . . oe ‘ . * oe 26

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When Recorded Return To:

John Paul. Tanna, Esq.
525 University Avenue, Suite 1400
Palo Alto, California 9430)

LITTLE ORCHARD BUSINESS PARK

ENABLING DECLARATION

ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP

THIS DECLARATION, made on the date hereinafter set forth, by JULES DUC
CONSTRUCTION CO., INC., a California corporation, ("Declarant") is made with
reference to the following facts:

A. Declarant is the owner of a certain tract of land located in the Cily of San
Jose ("City"), County of California, State of California, more particularly desvibed as
on that certain Map entitled "TRACT NO. 7849", filed for record in the Offiee of the
Recorder of Santa Clara County, California, on March 18, 1986, in Book 557 of Maps,
pages 28 and 29,

B. The property will contain six (6) commercial buildings with twenty-seven (27)
condominiums consisting of separate interests in units and undivided common interest in
portions of the remaining property. The land underlying the condominium buildings shall
be conveyed to an Incorporated association, the members of which shall be the
condominium owners.

c. The development shall be referred to as the "project" as defined in
seclion 1.28 herein.

Dd. Declarant intends by this document to impose upon the property mutually
beneficial restrictions under a general plan of improvement for the benefit of all of the
the condaminiums and the owners thereof.

NOW, THEREFORE, Declarant hereby declares that the hereinafter dseribed
property 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 sevitudes
pursuant to a general plan for the development of the property for the puyose of
enhancing and protecting the value and aitractliveness of the property, and the project,
and every part thereof, in accordance with the plan for the improvements of the
property and the division thereof into condominiums. All of the limitations, covenants,
conditions; restrictions and easements shall constitute covenants which shall runwith the
land and shall be 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 properly or the
project.

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ARTICLEI
DEFINITIONS
11 "Articles" shall mean and refer to the Articles of Incorporation of the
Association, as amended from time to time.

L2 "Assessment" shall mean that portion of the cost of maintaining, improving,
repairing, operating and managing the property which is to be paid by each condominium
owner as determined by the Association.

1.3 "Association" shull mean and refer to the LITTLE ORCHARD BUSINESS
PARK OWNERS ASSOCIATION, a California nonprofit mutual benefit corporation, the
members of which shall be the owners of condominiums in the project.

14 “Board" or “Board of Directors" shall mean and refer to the governing body of
the Association,

1.5 -"Bylaws” shall mean and refer to the Bylaws of the Association, asamended
from time to time.

1.6 "Commercial common area" shall mean and refer to Lots 1 and 2 asshown on
the Map and all improvements thereon except the condominium buildings, the
condominium common area and the condominium units. The commercial common area
shall be owned by the Association.

LT "Common area” shall mean and refer to the conduminium eommonarea and
the commercial common ares.

1.8 “Common expenses" means and includes the actual and estimated expenses of
Operating the common area and any reasonable reserve for such purposes as found and
determined by the Board and all sums designated common expenses by or pursumt to the
condominium documents. Common expenses shall inelude the actual and estimated
expenses of periodic maintenance and testing of all built-in fire protection devices or
equipment.

1.9 "Common interest" means the proportionate undivided interesl in the
common area that is a part of each condominium as set forth in this Declaration,

1.10 "Condominium" shall mean an estate in real property as defined in California
Civil Code §§733 and 1351(f), consisting of an undivided interest in common ine portion
of the property and a separate interest in a unit.

1.11 "Condominium building" shall mean and refer to each numbered building as
shown on the Condominium Plan and shall include the condominium common are: and the
condominim units located therein, but does not include the land beneath the building or
the airspace surrounding the building.

1.12 "Condominium common area" shall mean and refer to the. condominium
buildings as shown on the Condominium Plan except the condominium unils located
therein, and shall include, except as otherwise provided herein, the outside perimeter
walls, bearing walls, columns, guides, ceiling joists, truss system, subfloors, unfinished
floors, slabs, foundation, retaining walls, and roof and utility installations.

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1.13 "Condominium documents" shall mean the saine as "project document
1.14 "Condominium Plan" shall menn and refer to the recorded three-dimensionel
floor plan of the condominiums built or to be built on the property which ideniifies the
common area and each separate interest pursuant to Civil Code §1351, a copy of which
Plan is attached hereto as Exhibit "A",

1.15 "Declarant" shall mean and refer to JULES DUG CONSTRUCTION C0., ING.,
a California corporation, and its suecessors and assigns.

-1.16 "Declaration" shall mean and refer to this Enabling Declaration, asimended
or supplemented froin time to time.

1.17 "Dividing wall" shall mean and refer to a partition wall that exists entered
upon an interfor unit boundary line between condominiums under separate ownership.

1.18 "First lender" shall mean any person, entity, bank, savings and loan associa~
tion, insurance company, or financial institution holding a recorded first mortgage on any
condominium.

1.19 “Interior unit boundary line" shall mean and refer to the interior boundary
between two (2) adjoining units consisting of an invisible plane extending from floor to
ceiling of the units established by the vertical projection of the horizontal line
designated as an “interior unit boundary line" on the Condominium Plan.

1.20 "Map" shall mean and refer to thal Subdivision Map entitled "TRACT
NO. 7849", recorded the 18th day of March, 1986, in Book 557 of Maps, pages 28 and 29,
in the records of Santa Clara County.

1.21 "Member" shall mean and refer to a person entitled Lo membership in the
Association as provided herein.

1.22 "Mortgage" shall include a deed of trust as well as a mortgage,

1.23 "Mortgages" shall include a beneficiary or a holder of a deed of trusl as well
as a mortgagee,
1.24 "Mortgagor" shall include the trustor of a deed of trust as well as a
mortgagor,

1.25 “Owner" or "owners" shall mean and refer to the record holder or holders of
title, if more than one (1), of a condominium in the project. Thig shall include ony Derson
having a fee simple title to any condominium, but shall exclude persons or entities having
any interest merely as security for the performance of an obligation. If a condominium
is sold under a contract of sale and the contract is recorded, the purchaser, rather than
the fee owner, shall be considered the "owner" from and after the date the Asociation
receives written notice of the recorded contract.
a.
1.26 "Person" means a natural person, a vorporntion, a partnership, a trustee, or
other legal entity.

1.27 "Project" shall mean and refer to the entire real property above described
including all ‘structures and improvements ereeted or to be erected thercon,

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1.28 "Project documents" shall mean this Declaration, as amended from tiine to
time, the exhibits, if any, attached thereto, 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 exelucing unrecorded rules and regulations adopted by the
Board or the Association).
1.29 "Property" or “properties” means and includes the real properly above
described and all improvements erected thereon and all property, real, personalor mixed
intended for or used in connection with the condominium,

1.30 “Restricted common area" shall mean and refer to those portions of the
common areas, if any, set aside for exclusive use of an owner, pursuant to section 2.3,
and shall constitute "exclusive use common area" within the Civil Code § 1351(}),

1.31 “Share” means the percentages in and to the common aren attribuled to and
appurtenant to each unil as set forth in section 2.2B and in Exhibit "B"

1.382 "Singular and plural": The singular and plural number and masculine,
feminine and neuter gender shall each include the other where the context requires.

.33 "Unit" shal) mean and refcr to the element of the condominium, as defined in
section 2.2A, which is not owned in common with the owners of other condominiums in
the project.

1.34 "Unit designation" means the number, letter, or combination theresfor other
official designation(s) shown on the Condominium P)an that is used to identify ench unit.

1.35 "Utility chase" shall mean and refer to the portions of a condominium
building which are designed to accommodate wires, pipes, duets, flues, and other utilities
facilites extending between units.

ARTICLE II
DESCRIPTION OF PROJECT, DIVISION OF PROPERTY,
AND CREATION OF PROPERTY RIGHTS

2.1 Description of Project: The project is a condominium project consisting of
the Jand, the condominiums and all other improvements thereon. Reference ismade to
the Condominium Plan for further details.

2.2 Division of Property: The property 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 of the perimeter-walls, floors, ceilings (at the ceiling
elevation shown on the Condominium Plan), windows, window frames, doors and door
frames and trim, of each unit, and in the case of an interior boundary separating two (2)
adjoining units or separating a unit from the common area, the boundary between such
units or the boundary between a unit dnd the common area, shall be the, interior unit
boundary line shown on the Condominium Plan, each of such sprces- being” defined and
referred to herein as a “unit", and in the case of a unit whose boundary walllas been
removed as herein provided, or has not yet been constructed, the boundaries slull be as
described on the Condominium Plan. Whenever a dividing wall is construcied on an
interior unit boundary line, (and the ownership of the adjoining units is scparaled,) the

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space between the interior unfinished surfaces of such a dividing wall shall he (reated ns
“eommon area" for all purposes hereunder (including, without limitation, use, repairs,
insurance and maintenance) so long as the dividing wall remains in place, and. the
ownership of the adjoining units re.aains separate. The unit shall not include'the truss
system which shall be part of the condominium common area; the ceiling elevation of
each unit is immediately below ihe truss system as shown on the Condominium Plan.

Bearing walls located within the interior of a unit are common area, not prt of the
nit, except for the finished surfaces thereof,

Each unit includes the utility installations located within its boundaries that the
owner has exclusive use of, including, without limitation, space heaters, air conditioning
units, plumbing and lighting fixtures but excluding any parts of the fire sprinkler system
which shall be part of the common area wherever located, Gach unit includes both the
portions of the building so described and the airspace so encompassed. The unildoes not
include those areas and those things which are defined as “condominium common area" in
section 1.12,

The owner of two (2) or more condominiums, which are contiguous, may, with the
consent of the Architectural Control Committee (which consent shall not be withheld
unreasonably), construct, at the owners expense, and in accordance with detalled plans
approved by said Committee, a means of access between the condominiums. The owner
of contiguous condominiums who has connected them in such manner shall have an
ensement for ingress, egress and passage through that portion of the common area which
has been pierced in the process of constructing the mean of access. The easement shall
exist only for so long as the connected condominiums continue to be owned by the same
owner. If and when the owner of such connected condominiums sells, trensfers or
conveys any one (1) of the condominiums, prior to the recordation of the deed or
instrument of transfer, the means of access shall be sealed off, the portion of the
common ares that was so pierced shall, at (he owner's expense, be reconstructed to its
original as-built condition, and the easement that existed during the period that the
condominiums were joined by virtue of such access, shall automatically terminate. No
bearing walls shall be removed or altered and no “utility facilities" (as thal term is
defined in section 6.1) shall be removed, altered, or damaged in the course of such
construction. No modifications to any portion of the common arena shall be mde which
affect the structural integrity of the project or impair any other owner's reasnable ise
of such common area, or the utilities that may be located therein, or the value of the
project. All costs and expenses of such modifications, und subsequent restoralion of the
modifications shall be borne by the owner of the condominiums so joined. After approval
of the proposed modifications by the Committee and prior to commencemenl of work,
the owner making such modifications shall post u bond or bonds in an amountncceptable
to the Committee to protect the Association and the project against liens and to insure
completion of the work. In joining condominiums an owner shall have suchrensonable
access to other condominiums as may be required to accomplish the modifications
approved by the Architectural Control Committee. Such modifications shall not,
however, change the status of condominiums which shall continue to be treated legally as
separate condominiums, each entitled ta one (1) vote, and ench required lo pay its
separate assessment. In the event common ownership of joined condominiums is for any
reason terminated, common areas which have been altered shall be immediatey restored
to their original design and status.

Each condominium is subject to such encroachments as are contained in the
building, whether the same now exist or muy be later caused or created in ay manner

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referred to in section 8.5. In interpreting deeds and condominium pluns, the ten
existing physical boundaries of. a unit in a condominium project, or of a unil
reconstructed in substantial accordance with the original plans thereof, shall be con-
elusively presumed to be its boundaries rather than the boundaries expressed in the deed
or condominium plan, regardless of settling or lateral movemen t of the building and
regardless of minor variance between boundaries shown on the plan or deed, and those of
the building. Each condominium shall have appurtenant to it nonexclusive easements for
ingress, egress and support through the common area subject to the restricted ammion
area rights described in section 2.3.

Condominium Common Area:
B. Th:: condominium common ares includes
the elements described in section 1.12.

Each owner shall have, as appurtenant to his or her unil, an undivided intrest in
the condominium common area in the building in which the units are located, in the
percentage set forth in Exhibit "B" attached hereto and incorporated by reference
herein. The ownership of each condominium shall include a unit and such undivided
interest in the condominium common area. The common interest appurtenantlo each
unit is permanent in character and cannot be altered without the consent of all the
owners affected, as expressed in an amended Declaration. Rach owner may se the
condominium common area in accordance with ‘he purposes for which it is Intended
without hindering the esxereise of or encroaching upon the rights of any olherowners,
subject to’ the rights of owners in any restricted common area appurtentanl lo that
owner's condominium,

Cc. Commercial Common Area: The commercial common area shall
inelude the elements deseribed in Section 1.6, The commercial common area shall be
conveyed to the Assoelation on or before the sale of the first condominium by Deelarant.

2.3 Restricted Common Areas: The following described portions of the common area,
referred to as "restricted common areas", are hereby set aside and allocatedfor the
exelusive use of the owner of the condominium to which they are assigned or attached as
shown on the Condominium Plan: (1) Parking space designated "P", and (2) the driveway
apron designated "D", The restricled common areas shall be appurtenanl to the
condominium to which it is assigned or attached,

Except as described herein, no other portion of the common area shall be rstricted
common area.

2.4 Parking: In addition to the parking spaces assigned to condominiums on the
Condominium Plan (restricted common areas) there are certain unassigned parking
spaces. These may be used by all owners, their tenants and guests, lo
pursuant rules
adopted by the Board. Parking spaces shall be used for parking of permitted veliicles
only and not for the-permanent parking or storage of boats, trailers or nonmobile
vehicles of any description. The Association may establish rules and Tegulatins from
time to time for the parking of vehicles,

2.5 No Separate Conveyance of Undivided Interests: The property interests
deseribed in section 2.2 cannot be changed, except as hercin sel forth, andDechrant, Its
successors, assigns and grantees covenant und ngrec that the interesls in the
condominium common areas and the respective units conveyed therewith, shall nol be
separated or separately conveyed, and such interests shall be deemed to be convey ad or
encumbered with its respective unit even though the description in the instrument of

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conveyance or encumbrance may refer only to the fee title lo the unit. None of the
units that are a part of a single unit may be transfered or conveyed except as apart of a
transfer or conveyance of the unit.

2.6 Rights of Entry and Use: The units and common area (ineluding mstricted
eommon aren) shall be subject to the following rights of entry and use:

A. The right of the Association agents or employees to enter any unit to
eure any violation of this Declaration or the Bylaws, provided that the ower hus
received notice and n hearing as required by the Bylaws (except in the eae of an
emergency) and the owner has failed to cure the violation or lake steps necessury to cure
the violation within thirty (30) days after the finding of a violation by the Association.

B. The access

Case Info

Judge

Helen E. Williams Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

July 06, 2018

Case Filing Date

October 23, 2017

County

Parties

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