Article 4 - Maintenance and Repair Obligations
Homeowners Association
Home
Board of Directors
Budget
Bulletin Board
Community Events
Classified Ads
CC&R's
Committees
FAQs
Forms
Meeting Agenda
Meeting Minutes
Newsgroups
Property Management
Links
Contact Us
4.1 Owner's Maintenance Obligations. Each Owner shall maintain his or her Lot and all improvements and landscaping thereon in good condition and repair at all times. Shared fences with adjoining Lot Owners shall be maintained as described in Section 2.4. All other fences on the Residential Lot, including fences located on a common boundary between the Owner's Lot and the Common Area, shall be maintained by the Owner. Each Owner shall have the improvements on the Owner's Lot periodically inspected for wood-destroying pests or organisms and, if necessary, immediately shall take appropriate corrective action therefore.
If any Owner fails to maintain his or her Lot as required herein, the Association, after notice and hearing as described in the Bylaws, may, but is not obligated to, enter the Lot and perform the necessary maintenance and repair. The Association may levy a reimbursement assessment against the Lot in the manner described in Section 6.5.
4.2 Owner's Landscaping Obligations. Except as provided in Section 4.3, each Owner shall maintain the landscaping on the Owner's Lot in a healthy and weed-free condition. The Owner immediately shall remove and replace any dying or dead vegetation on the Owner's Lot. Maintenace shall include regular fertilization, irrigation, pruning and other customary prudent landscaping practices. If the Owner fails to properly maintain the landscaping on the Owner's Lot, the Association may enter the Lot and perform the maintenance under the procedures described in Section 4.1 and shall have the same rights as described in Section 4.1.
4.3 Association's Maintenance Responsibilities. The Association shall maintain the Common Area and all improvements and landscaping thereon in good conditoin and repair at all times, including but not limited to, recreational facilities (including pool, spa and play apparatus), trellises, lighting fixtures, utilities, pavement, roadbed, curbs, walls, fences, drainage systems, or sanitary sewer systems within the Private Driveways and Recreational Lot that are not maintained by a government agency or public or private utility company.
4.4 Inspection and Maintenance Guidelines. The Board shall adopt inspection and maintenance guidelines for the periodic inspection and maintenance of all improvements and landscaping that the Association is to maintain, including, but not limited to, recreational facility structures, catch basins, area drains, utility equipment, sanitary sewer and storm drainage facilities, streets, pavement, curbs, asphalt, parking areas, fencing, landscaping, and the irrigation system. The guidelines shall require at a minimum an annual inpsection by a qualified Person of each of the foregoing.
The Board periodically and at least once every two years shall review and update the inspection and maintenance guidelines.
The Board shall take all appropriate steps to implement and comply with the inspection and maintenance guidelines.
4.5 Cooperation and Access. Each Owner and occupant shall fully cooperate with the agents of the Association in the performance of the Association's maintenance and repair obligations described in Section 4.3 above. Such cooperation shall include, but not limited to, immediate notification to the Board or its managing agent of any maintenance or repair problems for which the Association is responsible and access to the Owner's or occupant's Lot as may be necessary to inspect and, if appropriate, to perform any necessary maintenance or repairs.
4.6 Reimbursement and Indemnification. If any Owner, occupant, tenant or their family members, guests or pets damages the Common Area or any other property owned or maintained by the Association, the Owner, on demand from the Association, immediately shall reimburse the Association for any costs, including attorneys' fees resulting from such damage, except to the extent that the cost is covered by insurance maintained by the Association provided that the deductible amount shall be paid by the Owner. Furthermore, the Owner shall defend, indemnify and hold the Association harmless from any claim, demand, liability or cost, including attorneys' fees arising from such damage, except to the extent the demand, claim, cost or liability is covered by insurance maintained by the Association. The Owner shall pay the amount of any deductible.
