ARTICLE
V
MAINTENANCE
5.1 Association’s Responsibility : The Association shall maintain and keep in good repair the Area of Common Responsibility, which shall include, but need not be limited to:
(a) all Common Area Facilities;
(b) all water service facilities included in the Common Area;
(c) all perimeter walls or fences constructed by the Declarant surrounding the Properties or which separate a Dwelling Unit from the Common Area, regardless of whether such wall or fence is located on the Common Area or on a Dwelling Unit; provided that Owners shall be responsible for maintaining the interior surface of the perimeter wall or fence located on such Owner’s Dwelling Unit as provided in Section 5.2.
(d) if, and to the extent, required under applicable County ordinances, landscaping, street lights and signage within public rights-of-way abutting the Properties;
(e) landscaping and other flora within any public utility easements and scenic easements within the Common Area (subject to the terms of any easement agreement relating thereto);
(f) any additional property included within the Area of Common Responsibility as may be required under the terms of this Declaration, any Supplemental Declaration, any Plat, or any contract or agreement for maintenance thereof entered into by, or which is binding upon, the Association;
(g) mail boxes installed by Declarant; and
The Association shall also have the right and power, but not the obligation, to take such actions and adopt such rules as may be necessary for control, relocation and management of wildlife, snakes, rodents, and pests, within the Area of Common Responsibility.
The Association may also maintain other property which it does not own, including, without limitation, property dedicated to public use, if the Board determines that such maintenance is necessary or desirable to maintain the Community-Wide Standard and if otherwise permitted by applicable law.
Except as hereinafter provided in this Section, the costs of maintenance, repairs and replacement of the Common Area and Areas of Common Responsibility shall be Common Expenses.
5.2 Owner’s Responsibility: Each Owner shall maintain his or her Dwelling Unit and all other improvements comprising the Dwelling Unit in a manner consistent with the Community-Wide Standard and all applicable covenants, unless such maintenance responsibility is otherwise assumed by or assigned to the Association hereunder or pursuant to a Supplemental Declaration or to a Local Area Association (as more fully provided for in Article VIII). Without limiting the foregoing, the Board may require an Owner to water portions of the Owner’s Dwelling Unit, at the Owner’s expense.
If required under a County ordinance, each Owner shall also be responsible for maintaining the sidewalk located in the public right-of-way adjacent to his or her Dwelling Unit, and the interior surface of any perimeter wall or fence, unless such maintenance is made the responsibility of the Association pursuant to the terms of this Declaration, a Supplemental Declaration or additional covenants applicable to such Dwelling Unit. The Owner’s responsibility to maintain the sidewalk shall terminate if the local ordinance requiring private maintenance of sidewalks in the public right-of-way is repealed and notice thereof is given to the Owner by the Association.
In addition to any other enforcement rights, if an Owner fails to perform properly his or her maintenance responsibility, the Association shall have the right to come upon such Owner’s Dwelling Unit and perform such maintenance responsibilities and assess all costs incurred as a Benefitted Assessment in accordance with Section 7.6. The Association shall afford the Owner reasonable notice and an opportunity to cure the problem prior to entry, except when entry is required due to an emergency situation.
5.3 Special Services: To the extent provided for in a Supplemental Declaration or by action of the Board, from time to time, the Association may furnish “Special Services” to a Dwelling Unit or a group or groups of Dwelling Units. By way of example and without limitation, a Special Service may include snow removal from driveways and/or walkways on a Dwelling Unit, or grass cutting or maintenance of landscaping on a Dwelling Unit. The cost of furnishing a Special Service shall be assessed to the benefited Owner as a Benefited Assessment under Section 7.6; however, at least once during each year, each Owner shall be given the right to chose not to receive any Special Service which would otherwise be furnished to the Owner’s Dwelling Unit, in which case the Owner shall not be charged for the Special Service and the Owner shall be responsible for furnishing the Special Service to the Owner’s Dwelling Unit at the Owner’s sole cost and expense. The Association may also, by Board action, discontinue providing a Special Service. If the Association is required to furnish a Special Service to a Dwelling Unit, but if a portion of the Dwelling Unit with respect to which the Special Service is to be furnished is obstructed with temporary or permanent improvements, personal property or other obstructions which make it difficult or impractical for the Association’s agent or contractor to furnish the Special Service, the Association shall not be required to furnish the Special Service and, in such case, the Owner shall be responsible for furnishing the Special Service to such portion of the Dwelling Unit at the Owner’s sole cost and expense, so that the appearance of such portion of the Dwelling Unit is similar to that of those portions where the Special Services are furnished by the Association. Anything herein to the contrary notwithstanding, the Association shall not be obligated to furnish Special Services to condominium property or condominium units and nothing herein shall be deemed to constitute the delegation of any powers of a condominium association to the Association hereunder.
5.4 Optional Services. The Board may offer to furnish a selection of specific services to Dwelling Units at the request of the Owner of a Dwelling Unit (“Optional Services”). One (1) or more Optional Services may be requested by an Owner pursuant to procedures established from time to time by the Board. Unless otherwise provided for in a resolution of the Board, once selected, an Owner shall be obligated to continue to receive an Optional Service for a period of at least twelve (12) months, at the end of which period the Owner may either terminate or elect to once again receive the Optional Service, provided that the Optional Service is still being offered. The Association may also, by Board action, discontinue providing an Optional Service. Without limitation, Optional Services may include grass cutting, landscape maintenance, snow removal, exterior window washing, exterior painting, and replacement of or repairs to siding, roofs, decks, driveways, walkways, windows and doors. The cost of furnishing an Optional Service shall be assessed to each Owner who selects an Optional Service as a Benefitted Assessment under Section 7.6. As an alternative to offering Optional Services, the Association may maintain a list of contractors which are available to furnish services directly to Owners; provided that the Association shall not be deemed to have in any way endorsed, vouched for or guaranteed the work of any such contractor and shall not be liable for any acts or omissions of any such contractor.
5.5 Standard of Performance. Maintenance, as used in this Article, shall include, without limitation, repair and replacement as needed, as well as such other duties, which may include irrigation, as the Board may determine necessary or appropriate to satisfy the Community-Wide Standard. All maintenance shall be performed in a manner consistent with the Community-Wide Standard and all applicable covenants, as determined by the Board.
Without limiting the foregoing, the Board may establish standards for maintenance of portions of the Properties which are higher than those generally required under the Community-Wide Standard.
Notwithstanding anything to the contrary contained herein, none of the Association, any Owner, or the Managing Agent shall be liable for property damage or personal injury occurring on, or arising out of, the condition of property which it does not own unless, and only to the extent that, it has been negligent in the performance of its maintenance responsibilities.
5.6 Alterations, Additions or Improvements. Alterations, additions or improvements to the Common Area may be made only pursuant to action of the Board. The cost of any such alterations, additions or improvements to Common Area shall be charged to all Owners of Dwelling Units in equal amounts for each Dwelling Unit. However, any proposed alteration, addition or improvement to Common Area which would result in a charge to a Dwelling Unit of more than ten percent (10%) of the annual Base Assessment, as applicable, then payable by Owners of Dwelling Units who will be assessed to pay the cost of such alteration, addition or improvement, shall not be authorized unless such proposed alteration, addition or improvement and the cost thereof is approved by the affirmative vote of at least two-thirds (2/3) of the votes cast by Voting Members who represent the Dwelling Units which would be assessed to pay the cost of the proposed alteration, addition or improvement at a duly called meeting of the Association members. The cost of an alteration, addition or improvement made pursuant to this Section shall be paid either from reserves or by way of a special assessment, all as more fully provided in Article VII hereof.