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7.1.F. - Page 93 <br /> accessed by Unit Owners from the Balcony or Patio on a regular basis as the Board determines <br /> appropriate. Common Area maintenance by the Association shall include, as a Common Expense, <br /> as a part of the General Use Common Expenses, all maintenance and repair obligations under the <br /> Landscape Maintenance Agreement and the Storm Water Maintenance Agreement made by <br /> Declarant with the City for the benefit of the Project. The Commercial Units shall be responsible for <br /> repair, maintenance, replacement and cleaning of the windows of the Commercial Units. Entry <br /> doors and sliding doors for Balconies or Patios, and the door handles, hinges and other <br /> mechanisms thereof shall be maintained by the Unit Owner. <br /> (2) Responsibility of Owners for Maintenance Costs: The responsibility of <br /> the Association for inspection, maintenance and repair shall not extend to repairs or replacements <br /> arising out of or caused by the willful or negligent act or omission of an Owner or Occupant or the <br /> Owner's or Occupant's pets, except if the repair is covered by the insurance carried by the <br /> Association, the Association shall be responsible for making the repairs, and the responsible Owner <br /> shall pay any deductible pursuant to the insurance policy. If the Owner fails to make such <br /> payment, then the Association may make such payment and shall charge the responsible Owner a <br /> Reimbursement Charge for reimbursement of such payment, which charge shall bear interest at the <br /> rate of twelve percent (12%) per annum (but no greater than the maximum rate allowed by law) <br /> until paid in full. Any repairs arising out of or caused by the willful or negligent act of an Owner or <br /> any Occupant for whom Owner is responsible, or the Owner's pets, the cost of which is not <br /> covered by insurance carried by the Association, shall be made by the responsible Owner, <br /> provided the Board approves the person actually making the repairs and the method of repair. If <br /> the responsible Owner fails to take the necessary steps to make the repairs within a reasonable <br /> time under the circumstances, the Association shall make the repairs and charge the cost thereof <br /> as a Reimbursement Charge to the responsible Owner, which cost shall bear interest at the rate of <br /> twelve percent (12%) per annum (but no greater than the maximum rate authorized by law) until <br /> paid in full. If an Owner disputes his or her responsibility for the repairs, the Owner shall be <br /> entitled to notice and a hearing as provided in the Bylaws before any charge may be imposed. <br /> (3) Pest Control: The Association shall have the Common Area <br /> periodically inspected for wood-destroying pests and organisms, or other pests when and at such <br /> times as the Board deems such inspections are required and shall take appropriate corrective <br /> measures therefor. The Association shall have the authority to require the temporary removal of the <br /> Owner and/or Occupants from a Residential Unit as may be necessary in connection with the <br /> treatment of wood-destroying pests or organisms, or other pests, pursuant to the procedures <br /> described in Civil Code § 4785 or any successor statute thereto. The costs of any temporary <br /> relocation shall be borne by each Owner, or any Occupant for whom an Owner is responsible, who <br /> is required to temporarily relocate. <br /> (4) Landscaping: Landscaping shall include regular fertilization, irrigation, <br /> pruning, and other prudent garden management practice necessary to promote a healthy weed-free <br /> environment for optimum plant growth. The Association shall remove and replace all dying or dead <br /> vegetation. The Association shall take appropriate steps to maintain the irrigation of the <br /> landscaping and to prevent damage resulting from misdirected and/or excessive watering. <br /> (5) Fire Protection Equipment: The Association shall be responsible for <br /> the periodic, at least as often as required by applicable City and California codes and regulations, <br /> inspection and maintenance, testing, repair and replacement of any built-in fire detection and <br /> protection equipment and devices wherever located on the Project (including any interior sprinklers <br /> and fire alarm systems, but excluding smoke and heat detectors located inside the Units). Each <br /> Owner shall immediately notify the Association of any problems with any sprinkler heads located in <br /> the Owner's Unit. Owners shall provide reasonable access to the Association as necessary and <br /> required for the Association to satisfy its responsibilities under this subparagraph. <br /> (6) Mold: In order to prevent leaks and to reduce the presence of mold, <br /> fungi, spores, pollens and other botanical substances, or other allergens (collectively "Mold"), <br /> within the Common Area, the Association shall inspect the Common Area improvements not less <br /> frequently than once each year, or as recommended by the Owners Association Handbook, to <br /> check for water leaks or other breaches of the watertight integrity of the improvements, and for the <br /> presence of Mold. If any water leaks and/or Mold are detected, the Association shall immediately <br /> take appropriate corrective steps to repair the leak, and/or remove the Mold and to maintain <br /> proper ventilation within enclosed areas, and to maintain humidity levels to reduce the risk of Mold <br /> 30 <br /> [DRAFT][05.03.14] C:\Program Files\Neevia.Com\Document Converter\temp\4056.doc <br />