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NVF:TLC:KML <br />06/7/2024 <br /> <br /> <br /> <br />T-3014.035\2107109_5 36 <br />Council Agenda: 6-11-2024 <br />Item Number: 10.1(a) <br /> <br />2. For purposes of this subparagraph, written authorization by the existing <br />association means approval by the board at a duly noticed board meeting, <br />as defined in Section 4090 of the Civil Code, and if needed pursuant to the <br />existing association’s governing documents, membership approval of the <br />existing association. <br /> <br />F. The applicant shall prepare a declaration of covenants, conditions and restrictions <br />(CC&Rs) which shall be recorded and apply to each owner of a condominium unit <br />within the project. The CC&Rs shall be recorded at, or prior to, the time of parcel <br />map approval, and shall include all applicable conditions of approval and <br />requirements of the City. The CC&Rs shall, at a minimum, provide: <br /> <br />1. That any amendment to the CC&Rs related to the conditions of approval or <br />other requirements of this Chapter may not be approved without prior <br />consent of the City. <br /> <br />2. That there shall be an entity created (e.g., a property or homeowners’ <br />association) which shall be financially responsible for and shall provide for <br />the effective establishment, operation, management, use, repair and <br />maintenance of all common areas and facilities. <br /> <br />3. A provision containing information regarding the conveyance of units and <br />any assignment of parking, an estimate of any initial assessment fees <br />anticipated for maintenance of common areas and facilities, and an <br />indication of appropriate responsibilities for maintenance of all utility lines <br />and services for each unit. <br /> <br />4. A provision addressing the payment of utilities including water, sewer, gas <br />and electricity by the homeowner or through the association.