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10-10-2005 Council Packet
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10-10-2005 Council Packet
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any insurance deductible amount and/or increase in insurance rates, resulting from the owner's acts or <br />omissions may be assessed against the owner responsible for the condition and against its Unit. <br />20.08 Enforcement bv Owners. The provisions of this Section shall not limit or impair the <br />independent rights of other owners to enforce the provisions of the Declaration, Bylaws, the Rules <br />and Regulations, and the Act as provided therein. <br />21.00 APPROPRIATE USE STANDARDS <br />21 .01 Establishment of AUC: Standards. An Appropriate Use Committee (the “AUC") is <br />hereby established as a permanent committee of the Board, to oversee, review and regulate all <br />proposed new uses of Units. The AUC shall review each new or proposed use of a Unit and disallow <br />any that are not compatible with the history and character of the Real Estate, the other Units and the <br />surrounding neighborhood. In reviewing a proposed new use, the AUC may consider, among other <br />factors: (a) objective impacts such as density and timing of trafific, likely emissions of sound or odor, <br />and vehicle weights; (b) increased insurance risks and premiums; (c) probable electronic <br />interference; (d) uses likely to attract demonstrations or protests; (e) uses that regularly solicit the <br />public to tent sales, flea markets or the like; and (f) uses that are offensive to community standards. <br />The AUC may adopt standards for the Real Estate that help to elucidate those principles. Such <br />standards may be more stringent than standards prescribed in applicable building, zoning, or other <br />governmental laws, codes, or regulations. <br />21.02 Appropriate Use Conunittee: Composition. The AUC shall initially consist of a <br />minimum of three (3) natural persons, who need not be Owners. Until the expiration of the period <br />of Declarant control, the committee members shall be appointed by Declarant and shall hold office <br />ut the pleasure of Declarant. Thereafter, Declarant shall have the right to appoint the majority of <br />the members of the AUC so long as Declarant has the unexpired right to subject Additional <br />Property to the Declaration or owns a Unit, and those member of the Board who are not appointed <br />by Declarant shall have the right to appoint the remainder of the members of the AUC. Upon the <br />expiration of the period of Declarant control, the Board shall (i) determine how many persons shall <br />serve on the AUC (which shall be no fewer than three (3) nor more than seven (7) natural <br />persons), (ii) appoint the members of the AUC (subject to Declarant's right to appoint the majority <br />of members specified in the preceding sentence), (iii) set reasonable terms of office for the <br />members of the AUC, and (iv) determine which member of the AUC shall serve as its chair. <br />Following the expiration of Declarant's right to appoint the majority of the members of the AUC, a <br />majority shall be Owners. A majority of the AUC shall constitute a quorum to transact business at <br />any meeting, and the action of a majority of those present shall constitute the action of the AUC. <br />21.03 Application and Approval Required. No new Owner or tenant of a Unit shall take <br />possession, nor shall an Owner or tenant in possession materially change the use of the Unit, until <br />a description of such use, in such reasonable detail and with such explanatory and supporting <br />material as the AUC shall reasonable request, shall have been submitted in writing to and <br />approved in writing by the AUC. The AUC may charge a reasonable fee to cover the costs <br />associated with its review. A copy of each such applications shall be simultaneously sent to the <br />planning and zoning administrator of the City. If the information submitted to the AUC is, in <br />16 <br />J
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