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ARTICLE V
<br /> DUTIES AND POWERS OF THE ASSOCIATION
<br /> 5 1 Duties: In addition to the duties enumerated in
<br /> its Bylaws, or elsewhere provided for in this Declaration, and
<br /> without limiting the generality thereof, the Association shall
<br /> perform the following duties:
<br /> A. Maintenance: The Association shall maintain,
<br /> repair, replace, restore operate and manage all of the common
<br /> area and all facilities, improvements, furnishings, equipment
<br /> and landscaping thereon, and all property that may be acquired
<br /> v by the Association. Maintenance shall include (without limita-
<br /> tion) : Painting, maintaining, cleaning, repairing and replacing
<br /> A of all common areas, (except for exterior glass surfaces of the
<br /> units which are to he maintained by owners as per Section 8.7) ,
<br /> 1 landscaping (except for private patio areas which are to he
<br /> maintained by owners as per Section 8. 7) private streets,
<br /> i walkways, pavement, curb, gutter, street signs, street lights,
<br /> n traffic signs and marks, striping, storm drains, parking areas
<br /> and carports. The Association shall he responsible for the
<br /> installation, repair, maintenance and replacement of the
<br /> landscaping along the south side of Marine World Parkway and
<br /> 1 the east side of Bridge Parkway adjacent to the project , along E"
<br /> the boundary line between the back of curb and the right of ways
<br /> line. The responsibility of the Association for maintenance
<br /> n4 and repair shall not extend to repairs or replacements arising `'3
<br /> 1 out of or caused by the willful or negligent act or neglect of _ti
<br /> an owner, or his guests, tenants or invitees, the cost of which vn
<br /> is not covered by insurance. The cost of repair or replacement
<br /> resulting from such excluded items shall he the responsibility
<br /> of each owner; provided, however, that if an owner shall fail
<br /> to make the repairs or replacements which are the responsibility
<br /> of such owner, as provided above, then, upon a vote of a
<br /> majority of the Board of Directors, and after not less than
<br /> (30) days notice to the owner and a public hearing, the Assoc-
<br /> iation shall have the right (hut not the obligation) to enter
<br /> the condominium ( if necessary) and make such repairs or replace-
<br /> ments, and the cost thereof shall constitute a special assess-
<br /> ment chargeable to such condominium and shall he payable to the
<br /> Association by the owner of such condominium.
<br /> Notwithstanding the above, the Association
<br /> shall, upon receipt of a directive from the City's Director of
<br /> Parks and kecreation to install, repair, replace or maintain
<br /> such landscaping on Marine World Parkway and the east side of
<br /> Bridge Parkway, immediately perform such installation, repair,
<br /> replacement, or maintenance no matter what the cause of
<br /> failure of such landscaping ( including, but not limited to,
<br /> T.,4. disease, accidental damage, or vandalism) . This obligation of
<br /> the Association shall in no event affect the ability of the
<br /> . Association to obtain reimbursement for the cost of repairing
<br /> damage caused from a willful or negligent act or neglect of an
<br /> owner or his guests, tenants or invitees, or third party. In
<br /> the event Association does not fulfill such landscaping responsi-
<br /> bilities the City shall have the right, but not the duty, to
<br /> enforce Association's responsibilities by either doing the work
<br /> itself or by employing another to perform such work and
<br /> billing Association for the cost thereof or by instituting
<br /> legal proceedings ( including the employment of private legal •
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