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201503252
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5/20/2015 8:49:55 AM
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5/20/2015 8:49:51 AM
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DEEDS
Inst Number
201503252
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8.9 Evidence of Compliance. <br />8.10 Personal Liability. <br />201503252 <br />time by the Board, furnish a certificate with respect to the DRC's approval or disapproval of any <br />Improvement or regarding whether any specified Improvements otherwise comply with the <br />requirement of this Declaration. The Association may engage a third party to conduct any <br />inspection or investigation necessary or desirable to enable it to issue any such certification, and <br />in such event the Owner requesting the certification shall pay, in advance if required by the <br />Association, the costs incurred for such inspection or investigation. Any Person without actual <br />notice to the contrary shall be entitled to rely on such certification with respect to the matters set <br />forth therein. <br />Records of the Association and of the DRC with respect to compliance with the <br />provisions and requirements of this Declaration regarding construction of Improvements shall be <br />conclusive evidence as to all matters addressed by such records. After the expiration of one year <br />following the issuance of a final certificate of occupancy therefor, or any equivalent approval, by <br />the applicable governmental authority, any Improvement approved by such certificate shall be <br />deemed in compliance with the construction requirements of Section 4.5 unless a notice of non- <br />compliance executed by or on behalf of the Association shall have been Recorded or unless a <br />legal proceeding shall have been instituted to enforce compliance with such requirements. <br />No director of the Board or officer of the Association, no member of the DRC or any <br />other committee of the Association, and no other person acting on behalf of the Association shall <br />be personally liable to any Member or any other Person for any damage, loss, or prejudice <br />suffered or claimed on account of any act, omission, error, or negligence in the discharge of such <br />person's duties and responsibilities under the Community Documents, provided such person <br />acted in good faith. <br />8.11 Implied Rights. <br />The Association may exercise any right or privilege expressly given to the Association by <br />the Community Documents, and every other right or privilege reasonably implied by the <br />existence of any right or privilege given to the Association by the Community Documents or <br />reasonably necessary to effectuate any such right or privilege. <br />8.12 Identity of Members. <br />The members of the Association shall be the Owners of the Lots. All Owners of Lots <br />shall be mandatory members of the Association. An Owner of a Lot shall automatically, upon <br />becoming the Owner thereof, be a member of the Association and shall remain a member of the <br />Association until such time as his ownership ceases for any reason, at which time his <br />membership in the Association shall automatically cease. <br />Page 43 of 69 <br />
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