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<br />6557.03/12309
<br /> (b) The replacement of any of the Common Area shall be of equal or greater grade or
<br />quality than the original installation. All maintenance and repair of a Condominium Building and any
<br />portion of the Common Area shall be performed by qualified professionals.
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<br /> (c) In order to prevent leaks and to reduce the presence of mold, fungi, spores,
<br />pollens and other botanical substances, or other allergens (collectively “Mold”), within the Units and
<br />Common Area, the Association shall periodically inspect the exterior of the Condominium Buildings and
<br />the Common Area improvements to check for water leaks or other breaches of the watertight integrity of
<br />the improvements, and for the presence of Mold. If any water leaks and/or Mold are detected, the
<br />Association shall immediately take appropriate corrective steps to repair the leak, and/or remove the Mold
<br />and to maintain proper ventilation within enclosed areas, and to maintain humidity levels to reduce the
<br />risk of Mold growth, and shall periodically inspect the irrigation system to ensure proper watering, and to
<br />correct any leaks and/or misdirected or excessive watering, and periodically inspect the ground surface
<br />around the foundations to ensure that no water is pooling around or within the foundations, and shall
<br />maintain rain gutters in a clean and proper operating condition at all times, and take such other prudent
<br />steps as may be appropriate to prevent Mold growth, or eliminate any existing Mold.
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<br /> (d) In furtherance of the Association’s obligations described in this Section 5.1, the
<br />Board shall have the obligation to regularly and actively inspect, or cause to be inspected by a qualified
<br />professional, the Common Area and all facilities, improvements, furnishings, equipment and landscaping
<br />thereon to determine the need for repairs, replacements, restorations and maintenance in order to keep the
<br />Common Area and all facilities, improvements, furnishings, equipment, landscaping in good repair,
<br />working order, condition and appearance. The Board shall keep a written record and documentation of
<br />the results of such inspections. The Board shall promptly and without delay cause any necessary
<br />maintenance, repair, replacements or restorations to be performed by a qualified professional in a timely
<br />manner. In furtherance of the foregoing, the Association may inspect, or cause to be inspected by a
<br />qualified professional, any patio appurtenant to an Owner’s Unit to determine whether maintenance or
<br />repairs may be required.
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<br /> (e) The responsibility of the Association for maintenance and repair shall not extend
<br />to repairs or replacements arising out of or caused by the willful or negligent act or neglect of an Owner
<br />or that Owner’s guests, co-inhabitants, tenants or invitees, or the pets of an Owner or his guests, co-
<br />inhabitants, tenants or invitees, except that if a repair or replacement is covered by the insurance carried
<br />by the Association, the Association shall be responsible for making the repairs or replacements, and the
<br />responsible Owner shall pay any deductible (or portion thereof, as determined by the Board) pursuant to
<br />the insurance policy. If the responsible Owner fails to pay such deductible (or portion thereof, as
<br />determined by the Board), the Association may make such payment and shall charge the responsible
<br />Owner which charge shall bear interest at the rate of ten percent (10%) per annum (but no greater than the
<br />maximum rate permitted by law) until paid in full. Any repairs or replacements arising out of or caused
<br />by the willful or negligent act or neglect of an Owner or his guests, co-inhabitants, tenants or invitees, or
<br />the pets of an Owner or his guests, tenants or invitees the cost of which is not covered by insurance
<br />carried by the Association shall be made by the responsible Owner; provided that the Association
<br />approves the person actually making the repairs, which person shall be a qualified professional, and the
<br />method of repair and any such repair shall comply with the rules and regulations of the Architectural
<br />Control Committee as approved by the Board.
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<br /> (f) If an Owner fails to make any repairs or replacements for which that Owner is
<br />responsible as provided herein this Article 5, then, upon a vote of a majority of the Board and after notice
<br />to the Owner and an opportunity for a hearing before the Board, the Association shall have the right, but
<br />not the obligation, to perform such maintenance, repairs or replacements and, if necessary in connection
<br />therewith, to enter that Owner’s Unit, as further described in Section 5.2 below. The cost of such repairs
<br />7.1.K. - Page 39
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