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6. 1. B. - Page 65 the date of the statement, are or may be made a lien against the Owner's Condominium as provided by this Declaration. The Association may charge a fee to provide this information, provided the fee shall not exceed the Association's reasonable cost to prepare and reproduce the requested items. ARTICLE V. DUTIES AND POWERS OF THE ASSOCIATION 5.1. Duties: In addition to the duties enumerated in the Bylaws, or elsewhere provided for in this Declaration, and without limiting the generality of those duties, the Association shall perform the following duties: A. Maintenance: The Association shall inspect, maintain, repair, replace (when necessary), restore, operate and manage all of the Common Area and all facilities (including Utility Facilities to the extent described in Section 6.3), improvements, furnishings, equipment and landscaping within the Common Area, and all property that may be acquired by the Association, provided that each Owner shall clean and maintain the Exclusive Use Common Area appurtenant to that Owner's Condominium as and to the extent required by Section 7.21. The Association shall maintain everything it is obligated to maintain in a clean, sanitary and attractive condition reasonably consistent with the level of maintenance reflected in the most current budget, and in conformance with the Homeowners Association Handbook and in accordance with the City conditions of approval for the Project. Unless specifically provided in the Homeowners Association Handbook, the Board shall determine, in its sole discretion, the level and frequency of maintenance of the Association Property and improvements thereon, based on industry standards, or, in the event that industry standards do not exist, or are in the opinion of the Board unsatisfactory, based on recommendations from consultants. The Association shall maintain the Maintenance Area as required by the Landscape Maintenance Agreement. This section of the Declaration may not be amended or changed without prior written approval of the City as authorized by the City Manager. (1) Common Area Maintenance: Maintenance shall include, without limitation, inspecting, painting, maintaining, cleaning, repairing and replacing of all Common Areas (except for Exclusive Use Common Areas which are to be cleaned, maintained and repaired by Owners as and to the extent provided in Section 7.21). Such Common Area maintenance shall include all central fire detection and protection systems and equipment. The Association shall provide window cleaning to windows of Units that cannot be accessed by Unit Owners from the Balcony or Patio on a regular basis as the Board determines appropriate. Entry doors and sliding doors for Balconies or Patios, and the door handles, hinges and other mechanisms thereof shall be maintained by the Unit Owner. (2) Responsibility of Owners for Certain Maintenance Costs: The Association shall be entitled to levy the costs of inspection, maintenance and repair for repairs or replacements to the Common Areas arising out of or caused by the willful or negligent act or omission of an Owner or Occupant or the Owner's or Occupant's pets to the responsible Unit Owner; however, if the repair is covered by the insurance carried by the Association, the Association shall be responsible for making and paying for the repairs, and the responsible Owner shall pay any deductible or other amounts that are not covered under the insurance policy for such occurrence. If the Owner fails to make such payments, then the Association may make such payment and shall charge the responsible Owner a Reimbursement Charge for reimbursement of such payment, which charge shall bear interest at the rate of twelve percent (12 %) per annum (but no greater than the maximum rate allowed bylaw) until paid in full. If an Owner disputes his or her responsibility for the repairs, the Owner shall be entitled to notice and a hearing as provided in the Bylaws before any charge may be imposed. 21 03/06/12 T:IWPWIN601PROJECTS333 MAIN STREETIDEC - DRAFTING FORM[7] [03 06 12].doc