ARTICLE IV
POWERS OF THE ASSOCIATION
4.1. The Association, in its sole and absolute discretion, and as more fully
set forth in its Bylaws, shall have the following powers and duties:
4.1.1. The Association shall have the following duties with regard to
the slope areas and drainage devices within the Project:
(a) The Association shall cause a yearly inspection by a
private civil engineer of all slope areas and drainage devices within the
Project. Said engineer shall prepare a report thereon and file same with
the Grading Division of the Department of Building and Safety for the City
of Los Angeles.
(b) The Association shall inform all Owners of Lots
containing slope areas and/or drainage devices of their duty and
responsibility for the maintenance of the appearance and integrity of such
slope areas and drainage devices.
(c) The Association shall provide all new and subsequent
Owners of Lots containing slope areas and/or drainage devices with copies
of an informative slope and drainage maintenance program for their
respective Lots.
(d) Should an Owner fail to maintain the slope areas or
drainage devices within his respective Lot after written request to do so by
the Association, the Association shall cause such maintenance to be
performed, and the cost thereof to be billed to such Owner as a Special
Assessment.
(e) The Association and not the Lot Owner shall have the
specific duty and responsibility to maintain the appearance and integrity of
all slope areas and drainage devices located on all lots adjacent to Valley
Circle Boulevard. Said maintenance shall be provided by a management
company or landscape maintenance service, to be retained by the
Association, on a bi-weekly basis.
(f) The Association shall have the further duty to maintain
the two (2) water and debris retention (catch) basins located within Lots 30
and 38 of Tract No. 26509.
(g) Amendment of this Paragraph 4.1.1 and all subparagraphs
thereof, shall require the prior written consent of the Grading Division of
the Department of Building and Safety for the City of Los Angeles.
(h) The Association is hereby granted an easement of ingress
and egress over and across all slope areas and drainage devices within the
Project for purposes of performing inspection and maintenance thereon as
hereinbefore described.
4.1.2. The Association shall have the right and power to levy and
collect assessments.
4.1.3. The Association shall maintain a bank account(s) for funds
coming under the control of the Association.
4.1.4. The Association shall adopt Rules and Regulations not
inconsistent with the provisions of this Declaration.
4.1.5. The Association shall have the right and power to enforce the
provisions of this Declaration, the Bylaws, and the Articles of Incorporation; nothing,
however, contained in this paragraph shall be construed to prohibit enforcement of same
by any Owner.
4.1.6. The Association has the right, power and duty to contract,
provide and pay for (i) services of persons necessary to accomplish the obligations of the
Association; and (ii) legal and accounting services.
4.1.7. Notwithstanding any of the foregoing, the Association, acting
through its Board, may not enter into any contract bindin~ for a term longer than one (1)
year from the effective date thereof without the vote or written consent of a majority of
the voting power of the Members of the Association other than the Declarant.
4.1.8. The Association has the right and power to contract for the
purchase of tools, equipment, materials, supplies and other personal property and services
for the benefit of the Members of the Association and the Project.
4.1.9. The Association has the right and power to delegate its
powers to others where such delegation is proper.
4.1.10. The Association has the right and power to prosecute or
defend, under the name of the Association, any action affecting or relating to the Project
or the personal property therein, or any action in which all of the Owners have an interest
in the subject matter of the action.
4.1.11. Subject to the vote or written consent therefor from a
majority of the voting power of the Membership, excluding the votes of the Declarant, the
Association may borrow money, mortgage, pledge, deed in trust, or hypothecate any or all
of its personal property as security for money borrowed or debts incurred.
4.1.12. The Association may do any and all things that a corporation
organized under the laws of the State of California may lawfully do, and generally may do
and perform any and all other acts which may be either necessary for, or incidental to,
the exercise of any of the foregoing powers, and any other such powers as are granted by
the provisions of the laws of the State of California to a corporation.
4.1.13. The Association may acquire by gift, purchase or otherwise,
own, hold, enjoy, lease, operate, maintain, convey, sell, transfer, mortgage, or otherwise
encumber, dedicate for public use, or otherwise dispose of real and/or personal property in
connection with the business of the Association; provided, however, that the Association
shall not acquire or sell any real property by purchase or lease without first obtaining the
vote or written consent therefor from a majority of the voting power of the Membership,
excluding the votes of the Declarant.
4.1.14. The Association shall have the right and power to suspend (e)
a Member's voting rights for any period during which any assessment against his Lot
remains unpaid and delinquent; and (b) for a period not to exceed thirty (30) days for any
single infraction of the Rules and Regulations of the Association, provided that any
suspension of such voting rights, except for failure to pay assessments, shall be made only
by the Association or a duly appointed committee thereof, after notice and hearing given
and held in accordance with the Bylaws of the Association.
4.1.15. The Association may take any and all lawful action which
may be advisable, proper, authorized or permitted by the Association under and by virtue
of any condition, covenant, restriction, reservation, charge or assessment affecting the
Project, or any portion thereof, and to do and perform any and all acts which may be
either necessary for or incidental to the exercise of any of the foregoing powers, or for
the peace, health, comfort, safety or general welfare of its Members.
4.1.16. The Association, through its duly authorized agents or
employees, shall have the right after reasonable notice to the Owner thereof to enter onto
any Lot in the Project to abate any nuisance or perform maintenance upon the Lot where
the Owner thereof has failed or refused to perform the same. The cost of such abatement
or maintenance shall be assessed to the Owner of the Lot wherein such abatement or
maintenance was performed.