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10-10-2005 Council Packet
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10-10-2005 Council Packet
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*5^ * <br />the AUCs sole opinion, incomplete or insufficient in any manner, the AUC may require the <br />submission of additional information. <br />21.04 Notice of Decision. The AUC shall approve or disapprove the application and <br />notify the applicant in writing within forty-flve (45) days following the receipt of the application <br />and all related information. The notice shall set forth the approval or denial of the application, or <br />any qualifications or conditions of approval. If the AUC disapproves the application, it shall state <br />the grounds upon which the disapproval is based. Any applicant may appeal the decision of the <br />AUC to the ^ard within thirty (30) days of the AUCs decision. The Board shall make its <br />detennination and notify the applicant within thirty (30) days of receipt of the appeal. The <br />determination of the Board shall be final and binding upon the applicant; provided, that no use <br />shall be allowed to remain which violates any of the covenants, conditions or restrictions <br />contained in this Declaration, or which violates any governmental law, zoning or building <br />ordinance, or regulation. <br />21.05 Certificate of Compliance. The AUC will on request issue a certificate that a <br />particular use has been approved. <br />21.06 Inspection and Remedies. The AUC, and any agent or member of the AUC, has the <br />right of entry and inspection upon any Unit for the purpose of determining whether there is <br />compliance with the applicable use standards. If any person fails to comply with the requirements <br />of the Declaration or the standards promulgated by the AUC, the violator shall pay all costs in <br />connection with the resolution or correction of the violation, including without limitation any fees <br />of attorneys or other professionals, incurred by the Association. <br />22.00 MISCELLANEOUS <br />22.01 Association Acts through Board. The power and authority of the Association as <br />provided in the iqiplicable Statutes, the Declaration, Bylaws, and Rules and Regulations shall be <br />vested in a Board of Directors elected by the owners in accordance with the Bylaws of the <br />Association. The Association shall act through the Board of Directors and the officers elected by the <br />Board; accordingly, all references in the Declaration and Bylaws to action by the Association shall <br />mean the Board of Directors acting for the Association, unless action by the vote of the owners, <br />members or mortgagees is expressly required by the Declaration, Bylaws, or the Act. <br />22 02 Notices. Any notice required to be sent to any owner or the Association under the <br />provisions of this Declaration shall be deemed to have been received sent when mailed, postage <br />prepaid, to the last known address of such member appearing on the records of the Association at the <br />time of such mailing or to the address of the Association, except that a notice changing the address of <br />a member shall be effective on receipt by the Association. In the case of multiple owners of a Unit, <br />notice to any one cf such owners shall ^ deemed notice to all. <br />22.03 Captions. The headings in this Declaration are intended for convenience only and <br />shall not be given any substantive effect.
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