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7.1.F. - Page 92
<br /> 4.10. Reimbursement Charges: The Board may levy a Reimbursement Charge against a
<br /> Member to reimburse the Association for costs incurred by the Association in the repair of damage
<br /> to the Common Area and facilities for which the Member (or the Occupant for which the Member
<br /> is responsible) was responsible, and in bringing the Member and his Unit into compliance with the
<br /> provisions of the Governing Documents. The Reimbursement Charges shall be in the amount
<br /> required to reimburse the Association for the actual costs and expenses incurred to repair the
<br /> damage and to enforce the Association's rights under this Declaration. Reimbursement Charges
<br /> shall be payable when directed by the Board after written notice to the Owner(s), which notice
<br /> shall in no event be less than thirty (30) days. If an Owner disputes a Reimbursement Charge,
<br /> the Owner may request a hearing before the Board.
<br /> 4.11. Unallocated Taxes: In the event that any taxes are assessed against the Common
<br /> Area, or the personal property of the Association, rather than against the Units, said taxes shall be
<br /> included in the Assessments made under the provisions of Section 4.1 and, if necessary, a Special
<br /> Assessment may be levied against the Units in an amount equal to said taxes, to be paid in two
<br /> (2) installments, thirty (30) days prior to the due date of each tax installment.
<br /> 4.12. Estoppel Certificate: Within ten (10) days of the mailing or delivery of a written
<br /> request by any Owner, the Board shall provide the Owner with a written statement containing the
<br /> following information: (i) whether to the knowledge of the Association, the Owner or Occupant of
<br /> the Owner's Condominium is in violation of any of the provisions of the Governing Documents; (ii)
<br /> the amount of Regular Assessments and Special Assessments, and Reimbursement Charges,
<br /> including installment payments, paid by the Owner during the fiscal year in which the request is
<br /> received; and (iii) the amount of any Assessments levied against the Owner's Condominium that
<br /> are unpaid as of the date of the statement, including any late charges, interest or costs of
<br /> collection, and that, as of the date of the statement, are or may be made a lien against the
<br /> Owner's Condominium as provided by this Declaration. The Association may charge a fee to
<br /> provide this information, provided the fee shall not exceed the Association's reasonable cost to
<br /> prepare and reproduce the requested items.
<br /> ARTICLE V. DUTIES AND POWERS OF THE ASSOCIATION
<br /> 5.1. Duties: In addition to the duties enumerated in the Bylaws, or elsewhere provided
<br /> for in this Declaration, and without limiting the generality of those duties, the Association shall
<br /> perform the following duties:
<br /> A. Maintenance: The Association shall inspect, maintain, repair, replace (when
<br /> necessary), restore, operate and manage all of the Common Area and all facilities (including Utility
<br /> Facilities to the extent described in Section 6.3), improvements, furnishings, equipment and
<br /> landscaping thereon, and all property that may be acquired by the Association, provided that each
<br /> Owner shall maintain the Exclusive Use Common Area appurtenant to that Owner's Condominium
<br /> as required by Section 7.22. The Association shall maintain everything it is obligated to maintain in
<br /> a clean, sanitary and attractive condition reasonably consistent with the level of maintenance
<br /> reflected in the most current budget, and in conformance with the Owners Association Handbook.
<br /> Unless specifically provided in the Owners Association Handbook, the Board shall determine, in its
<br /> sole discretion, the level and frequency of maintenance of the Association Property and
<br /> improvements thereon, based on industry standards for condominium projects in the County, or, in
<br /> the event that industry standards do not exist, or are in the opinion of the Board unsatisfactory,
<br /> based on recommendations from consultants.
<br /> The Association shall also maintain, repair and replace the following elements and facilities that are
<br /> located within the Units, except for finishes on interior surfaces: bearing walls, columns, girders,
<br /> ceiling joists, subfloors, unfinished floors, any portion of the Building which exists for structural
<br /> purposes, including, without limitation, load bearing walls, support beams and columns, ventilation
<br /> shafts, ducts, flues, chases, shafts and wells containing utility conduits or pipes or which provide
<br /> access to any portion of the common utility systems.
<br /> (1) Common Area Maintenance: Maintenance shall include, without
<br /> limitation, inspecting, painting, maintaining, cleaning, repairing and replacing of all Common Areas.
<br /> Such Common Area maintenance shall include: all central fire detection and protection systems
<br /> and equipment. The Association shall provide window cleaning to windows of Units that cannot be
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