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Item 26 - Public Hearing Vista Heritage Charter School (601 North Fairview Street)
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Item 26 - Public Hearing Vista Heritage Charter School (601 North Fairview Street)
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1/23/2024 11:33:12 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
26
Date
1/16/2024
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ARTICLE VI <br />Membership Rights <br />Subject to the provisions hereof and the provisions of the Declaration, the Members shall have the <br />following rights: <br />Section 1. Tenants and Lessees. <br />(a) Assignment of Rights Generally. Each Member shall have the right to assign his or <br />her rights as a Member (other than voting rights) to a tenant residing within the Member's Unit. Such <br />assignment shall be effective only so long as said tenant is residing in said Unit and is in compliance with <br />the Declaration and the Association's Rules in effect at that time. At all times the Owner shall remain <br />responsible for compliance by Owner's lessee or tenant with the provisions of the Governing Documents. <br />Without limiting the foregoing, reference is specifically made to Article VII of the Declaration for <br />additional use restrictions affecting Tenants and leases. <br />(b) Effectiveness of Assignment. Assignment of an Owner's right to use the Common <br />Facilities (other than roads) to a tenant or lessee shall not be effective until such time as the <br />Owner -Member has given the Secretary written notice thereof setting forth the name of the assignee who <br />will be entitled to the use and enjoyment of the Common Areas, and roads within the Properties by virtue <br />of the assignment. <br />(c) Restriction on Lessor's Use of Certain Common Areas and Facilities. During the <br />period of any lease or rental of a Condominium, any Owner not operating a business within the Properties <br />shall not be entitled to use the Common Areas or Common Facilities (other than roads) except to the <br />extent reasonably necessary to perform the usual responsibilities of a landlord or to ensure or gain <br />compliance by the tenant with the requirements of these Bylaws and of the Declaration, unless the <br />Lessor -Owner is contemporaneously operating a business in another Condominium within the Properties. <br />Section 2. Invitees and Guests. The invitees and guests of a Member shall have the right to use <br />and enjoy the Common Areas, and roads within the Properties. Any such guest or invitee shall be subject <br />to the same obligations imposed on the Owner to observe the rules, restrictions, and regulations of the <br />Association as set forth in the Governing Documents. <br />Section 3. Association Rules and Regulations. The right of any person to use and enjoy the <br />Common Areas shall at all times be subject to the rules, limitations, and restrictions set forth herein, in <br />the Declaration, and in the Association's published Rules and Regulations as promulgated by the Board <br />from time to time. With the exception of the right of use of any roads, the Board shall have the right to <br />impose monetary penalties or to suspend the use and enjoyment of any Common Area for the failure of <br />a Member to pay any Assessments when due under the Declaration, or to comply with any other rule or <br />regulation imposed upon such Member, his or her tenants or guests, pursuant to the Governing <br />Documents, provided, however, that any such suspension shall be imposed only after such person has <br />been afforded the notice and hearing rights more particularly described in the Declaration. <br />N <br />City Council 26 — 635 1/16/2024 <br />
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