AgdaPkt 2015-06-22 Interview and Joint SA PFA

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39 6557.03/12309 shall be a monetary penalty enforceable according to the provisions of the Bylaws and this Declaration and shall be payable to the Association by such Owner. Section 5.3 Maintenance of Exclusive Use Common Areas. In addition to other provision of the Declaration concerning maintenance of Exclusive Use Common Area by a Unit Owner or the Association, the particular portions of the Exclusive Use Common Area described below shall be maintained as described in this section. (a) Patio Areas. Each Owner shall maintain the floor area of any patio area appurtenant to that Owner’s Unit, including, without limitation, built-up or raised decking or tile, and any waterproofing treatment to the surface of such flooring. The Association shall maintain and repair the structural components of the Common Area below the surface of the patio flooring associated with the patio areas. Each Owner shall keep the patio areas appurtenant to that Owner’s Unit in good condition and shall keep all such areas clean and neat at all times. Each Owner shall keep any drain(s) located on any patio area appurtenant to that Owner’s Unit clear, free of obstruction and in good working condition, and shall promptly report any problems with functioning of the drain to the Association. The Association shall maintain the exterior walls of the Building associated with the patio area. Each Owner shall maintain any landscaping located in any Exclusive Use Common Area patio area appurtenant to that Owner’s Unit. Section 5.4 Maintenance of Garages. If an Owner’s Unit has a garage appurtenant to the Unit, then such Owner shall maintain the garage door and all hardware and any related mechanical or electrical equipment associated with the garage door, and the interior surfaces of the garage door. Each Owner shall also be responsible to maintain and keep clean the surface of the flooring in that Owner’s garage. The Association shall maintain the exterior surfaces of the garage doors and garages appurtenant to Units, as well as maintaining the designated parking areas in the Common Area. Section 5.5 Maintenance of Landscaping. (a) The Association shall maintain all of the landscaping within the Common Area and Development (other than landscaping located in Exclusive Use Common Area appurtenant to an Owner’s Unit, which shall be the responsibility of such Unit Owner), as originally installed in general accordance with the landscaping plans reviewed and approved by the City unless climatic conditions make such maintenance impracticable or unless each the City and the Board consents to a change in the plan for the landscaping. Such landscaping maintenance responsibilities of the Association may include, without limitation, all landscaping within the Common Area and Development, landscaping contained in any park, dock or marina areas or other areas open to the general public, and landscaping adjacent to roadways, sidewalks or walkways serving the Development. (b) During construction of the Development, Declarant may use water from an Association water meter to serve Annexation Property which is not then annexed into the Development and maintained by the Association. So long as such Annexation Property is so served by water connected to the Association’s water meter(s), the Association shall have the right to recover from Declarant the amount by which the Association’s costs for water service are increased by Declarant’s use of water from the Association meter(s) as described herein the section. (c) The Association shall own and maintain a recycled water irrigation system serving landscaping within the Common Area and Development, if any (other than landscaping located in Exclusive Use Common Area appurtenant to an Owner’s Unit, which shall be the responsibility of such 7.1.K. - Page 43