5.1 Maintenance of the Common Areas. The Association shall maintain and keep in good repair the Common Areas including Tracts A and B (access and utility tracts), Tract C (recreation tract), and any Common Areas acquired by the Association in the future. If streetlights are installed and there is no procedure for billing individual lot owners, then the Association shall pay the bills for the streetlights. The Association shall also maintain all other facilities serving the Community not dedicated to or maintained by a public entity. The foregoing maintenance shall be performed consistent with the Community-Wide Standard.

 

5.2 Property Not Owned by Association. The Association shall have the right, but not the obligation, to maintain other property, whether or not owned by the Association and whether within or without the Community, where the Board has determined that such maintenance would benefit all Owners. Without limitation of the foregoing, the Association may enter into a joint maintenance agreement with adjoining property owners or associations for the repair, maintenance and replacement of any shared facilities or other property.

 

5.3 Damage Caused by Owner. In the event that the Association determines that the need for maintenance, repair, or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, or the family, guests, lessees, or invitees of any Owner, the Association may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot of such Owner.

 

5.4 Owner's Responsibility. Subject to Sections 5.1, 5.2 and 5.3 above, each Owner shall have the following maintenance obligations which shall be performed consistent with the Community-Wide Standard:

 

5.4.1 Each Owner shall maintain, repair and replace all structures (including the Single Family Home), parking areas, landscaping, and other improvements on such Owner's Lot, and the landscaping on any area fronting such Owner's Lot;

 

5.4.2 Each Owner shall maintain, repair and replace the applicable private utility, roof drainage, and storm drainage facilities benefiting such Owner's Lot in accordance with the private easements described under the "Easement Notes" on Sheet 1 of the Plat.

 

5.4.3 Each Owner shall maintain and replace as necessary all landscaping installed by Declarant pursuant to the landscaping plan which is either on or abuts such Owner's Lot.

 

5.1.4 Each Owner shall maintain, repair and replace in uniform appearance any perimeter fencing for such Owner's Lot. The Owners of Lots which share a common boundary shall jointly maintain any perimeter fencing along that common boundary and shall equally share the resulting cost.

 

5.1.5 Any Owner who requires access to another Lot to perform maintenance and repairs shall provide written notice to the other of such Lot before entering, shall schedule entry so as to minimize disruption, and shall restore such Owner's Lot to its prior condition upon completion. All work shall be performed utilizing best construction practices and shall be performed by qualified licensed contractors.

 

5.1.6 In the event that the Board of Directors of the Association determines that any Owner has failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance, repair, or replacement of items for which such Owner is responsible hereunder, the Association shall, except in an emergency •situation, give the Owner written notice of the Association's intent to provide such necessary maintenance, repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. The Owner shall have ten (10) days after receipt of such notice within which to complete such maintenance, repair, or replacement, or, in the event that such maintenance, repair, or replacement is not capable of completion within a ten (10) day period, to commence such work which shall be completed within a reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide any such maintenance, repair, or replacement at such Owner's sole cost and expense, and all costs shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot.

 

5.5 Conveyance of Common Areas by Declarant to Association. The Plat grants and conveys Tracts A, B, and C to the Association and the Association accepts that conveyance and shall maintain those Tracts as required by this Declaration. Declarant may convey any other Common Areas to the Association, including any personal property and any improved or unimproved real property, leasehold, easement, or other property interest. Such conveyance shall be accepted by the Association, and the property shall thereafter be Common Areas to be maintained by the Association. The Common Areas are subject to an easement of common use and enjoyment in favor of the Association and every Owner, their heirs, successors and assigns in accordance with the terms and conditions of the Governing Documents. Such rights to use the Common Areas are appurtenant to and shall not be separated from ownership of any Lot and shall not be assigned or conveyed by any Lot Owner in any way except upon the transfer of title to such Lot, and then only to the transferee of such title and shall be deemed so conveyed whether or not it shall be so expressed in the deed or other instrument conveying title. Certain rights of use, ingress, egress, occupation, and management authority in the Common Areas set forth elsewhere in this Declaration shall be reserved to Declarant for the duration of the Development Period. Declarant shall not be required to make any improvements whatsoever to property to be conveyed and accepted pursuant to this Section.

 

5.6 Further Restrictions on Common Areas. Use of Common Area Tracts A and B, which are designated as access and utility tracts, and Tract C, which is designated as a recreation tract, is restricted to those uses specified in the Plat. Use of the recreational facilities on Tract C shall also be subject to the rules and regulations as may be established from time to time by the Association. If any Common Area is currently owned or is acquired in the future which is designated as a steep slope, as a wetland, as a buffer, as a native growth protection area or as any other type of sensitive or critical area, then use of such Common Area shall be limited to activities approved by the municipality which designated such Common Area as sensitive or critical. Notwithstanding the provisions in this Article 5, or in Section 10,1 below, or in any other provision of this Declaration, there shall be no right or easement of ingress and egress, use and enjoyment in or to such Common Area. Access shall be limited to maintenance activities approved by the municipality.