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6. 1. F. - Page 42
<br />The responsibility of the Association for maintenance and repair shall not extend to repairs or
<br />replacements arising out of or caused by the willful or negligent act or neglect of an Owner or that
<br />Owner's guests, co- inhabitants, tenants or invitees, or the pets of an Owner or his guests, co- inhabitants,
<br />tenants or invitees, except that if a repair or replacement is covered by the insurance carried by the
<br />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.
<br />If an Owner fails to make any repairs or replacements for which that Owner is responsible as
<br />provided herein this Article 5, then, upon a vote of a majority of the Board and after notice to the Owner
<br />and an opportunity for a hearing before the Board, the Association shall have the right, but not the
<br />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 />or replacements shall be paid to the Association by said responsible Unit Owner, as further described in
<br />Section 5.2 below.
<br />Section 5.2 Owner's Rieht and Obligation to Inspect, Maintain and Repair Except for
<br />those portions of the Development which the Association is required to maintain and repair, each Owner
<br />shall, at that Owner's sole cost and expense, maintain and repair that Owner's Unit, keeping the same in
<br />good condition and repair. Each Owner's responsibility for maintenance and repair shall include, without
<br />limitation, performance of any inspection, maintenance and repair described in any applicable
<br />homeowners manual, maintenance manual or manufacturers manual. Each Owner shall regularly and
<br />actively inspect, or cause to be inspected by a qualified professional, that Owner's Unit and any Exclusive
<br />Use Common Area patio area appurtenant thereto in order to maintain the Unit and such Exclusive Use
<br />Common Area in good repair, condition and appearance. Each Owner shall take no action that causes
<br />degradation, damage or puncturing to any flooring or surface area of any patio area appurtenant to that
<br />Owner's Unit, and each owner shall be responsible for any such degradation, damage or puncturing
<br />caused by such Owner's action. Each Owner shall notify the Association promptly and without delay in
<br />the event such Owner discovers and damage, crack, leak, hole, degradation or other problem with the
<br />functioning of any portion of a patio area appurtenant to that Owner's Unit. Each Owner shall promptly
<br />and without delay cause any necessary maintenance, repair, replacements or restorations to that Owner's
<br />Unit and any Exclusive Use Common Area appurtenant thereto be performed by a qualified professional
<br />in a timely manner. hi addition, each Owner shall perform, without limitation, at least the minimum
<br />cleaning, maintenance and repair described on Exhibit A attached hereto.
<br />Each Owner shall be responsible for and bear the cost of inspection, maintenance, repair and
<br />replacement of the following items within such Owner's Unit: interior surfaces of all perimeter and
<br />interior walls, ceilings and floors (including carpeting, tile, wall paper, paint or other covering); garbage
<br />disposals, water heaters, ranges, refrigerators, dishwashers, washing machines, dryers, light fixtures,
<br />smoke detectors, and any and all other appliances of any nature whatsoever; heating, ventilating and air
<br />conditioning equipment servicing such Unit, including condensers and compressors (although such
<br />equipment may be located in part outside such Unit); exterior and interior door hardware, gaskets and
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<br />CCRS -One Marina. docx
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