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CC&R ARTICLE 08: MISCELLANEOUS
8.1 Notices. Notices required hereunder shall be in writing and shall be effective when deposited in the mail, postage prepaid, and addressed to the person entitled thereto at the address shown on the records of the Association except as specifically otherwise provided in paragraph 7.5.1.4. Notices to the Association may be addressed to the secretary of the Association either to its published business address or in care of its registered agent.
 
8.2 Waiver. The failure of the Association or any owner to insist upon strict performance or compliance with the provisions hereof, or to exercise any right or option herein conferred, shall not be construed as a waiver or release of the strict performance of or compliance with such provision thereafter or of any other provisions hereof.
 
8.3 Entry. The Association and its agents, representatives, or contractors shall have the right to enter any unit and do such things as deemed necessary or advisable in connection with the maintenance, operation, repair or reconstruction for which the Association is responsible. Such entry shall be made with as little inconvenience to the owners or occupiers of the unit as practical, and any damage occasioned thereby shall be repaired as a common expense.
 
8.4 Records. The Association shall keep financial records sufficiently detailed to comply with RCW 64.34.425. At least annually, the Association shall prepare or cause to be prepared a financial statement of the Association in accordance with generally accepted accounting principles. On request, under reasonable circumstances and during all normal business hours, the Association shall make available to the manager of the Association, to any unit owner, to the owners' authorized agents, to holders, insurers or guarantors of mortgages, or to prospective purchasers for inspection, current copies of the Declaration, the articles of incorporation of the Association, bylaws of the Association and the rules and regulations and the books, records and financial statements of the Association, including but not limited to checks, bank records, invoices and audited financial statements. The Association shall furnish the information required by RCW 64.34.425.
 
8.5 Audit. At any time at the expense of an owner or a mortgagee, the owner or mortgagee may cause an audit of the books and records of the Association to be made. The financial statements of the Association shall be audited by a certified public accountant at least annually at the expense of the Association. The audited financial statement, if required, shall be available within 120 days after the end of the Association's fiscal year.
 
8.6 Subdivision and Combination of Units. Units may not be subdivided. Units may be combined, provided that the aggregate interest in the common elements and the common expense liability of the resulting unit or units shall be equal to the combined interest and common expense liability of the units involved prior to their combination. No common element may be included in any combination of units.
 
8.7 Condemnation. The Association shall have the exclusive riciht. power and authority to represent all of the unit owners in any proceedings whereby aH or any cart of the Common elements are subjected to the nght of eminent domain and to negotiate, settle and enter into any agrcements with respect thereto. The Association is hereby appointed as the attorney-in-fact for each owner in order to implement the intent of this paragraph. In the event of any taking of all or any part of the common elements under the right of eminent domain or threat thereof, unless otherwise ordered by a court of jurisdiction, the proceeds shall be paid over to the Association which shall segregate and hold such proceeds for the benefit of the owners and Uenholders as their interests may appear.
 
8.8 Amendment. Subject to the express provisions hereof and consistent with the provisions of the Act, this Declaration and the survey map and plans referred to herein may be amended by the vote or agreement of the unit owners to whom 67 percent of the votes in the Association have been allocated; provided that any amendment which increases the number of units, changes the boundary of any units, the allocated interests of the unit, or the uses to which any unit is restricted shall require the affirmative vote of the owners of the units affected and a vote of 90 percent of the votes in the Association allocated to units other than the Declarant. When an amendment has been approved by the owners, then the Association shall forthwith cause a written instrument to be prepared, signed and acknowledged by the president of the Association and recorded in the county where this Declaration is recorded, setting forth the amendment and certifying that the amendment was duly adopted. Upon such recording, the amendment shall become effective.
 
8.9 Termination. Any distribution of funds in connection with the termination of the condominium shall be in accordance with the provisions of RCW 64.34.268, which is incorporated herein by this reference as though here fully set forth.