Instrument #2022025031 #38 Book:8196 Page:4809
(i) The Association shall have the right but not the obligation to provide exterior repair and maintenance on any Lot or any Dwelling, building or structure or improvement located thereon in the event ofdefault by any Owner in the duties hereby imposed under this Article VIII. Prior to performing such repair or maintenance, the Board must determine that there is need of repair or maintenance and whether such need detracts from the overall appearance of the Property. Except in emergency situations, prior to commencement ofany such repairs or maintenance,the Board mustfurnish written notice to the Owner to the effect that, unless specified repairs or maintenance are commenced within fifteen(15)days after the mailing ofthe notice, and thereafter diligently pursued to completion,the Association may procure said repairs or maintenance. Upon the Owner's failure to commence timely and to diligently pursue the requested repairs or maintenance, the Association and its designated agents, employees,contractors and subcontractors shall have the right to enter in or upon the Lot and the exterior of any Dwelling, building or structure or improvement thereon to perform the repairs or maintenance specified in the notice. In this regard, the Association shall have the right to do such things as, but not limited to, paint; power wash; repair, replace and care for pools, pool enclosures, roofs, gutters, down spouts and exterior building surfaces; clean or resurface paved access ways and parking areas; trim and care for trees, shrubs, grass, walks, swales, berms and other landscaping and drainage improvements; and to provide general cleanup, shoreline maintenance, and removal of debris which in the opinion of the Board detracts from the overall beauty and setting ofthe Property. Declarant,the Board,the Association, and the foregoing's respective directors, officers, members, agents, employees, contractors and subcontractors shall have no liability to the Owner or any occupant,tenant, subtenant or guest or invitee for trespass, or damage, or injury to property or person as the result of actions taken pursuant this paragraph, unless caused by gross negligence, intentional misconduct, or intentional wrongdoing. Section 8.02. Assessment of Cost. The cost ofany work performed by or at the request ofthe Association pursuant to Section 8.01 hereof shall be assessed as an Individual Assessment against the Owner ofthe Lot upon which such work is done. Section 8.03. Access. In order to perform the repairs or maintenance authorized by this Article VIII, the designated agents, employees, contractors and subcontractors of the Association may enter upon any Lot and the exterior of any improvement located thereon during reasonable hours on any day except Sundays and legal holidays, except that in an emergency situation, as determined by the Board,entry may be made at any time and on any day. Section 8.04. Association's Responsibility. The Association shall maintain and keep in good repair the Common Area, and as the Board deems appropriate,the Areas ofCommon Responsibility, and the wall, landscaping, lighting, irrigation, signage, drainage and other improvements from time to time located on either ofthe foregoing.
ARTICLE IX
RESTRICTIVE COVENANTS
Unless otherwise inconsistent with or in direct conflict with the approvals, requirements, or laws of any applicable Governmental Authority, in which case said approvals, requirements, and laws shall govern and control only to the extent necessary to resolve any such inconsistencies or conflicts, the Property shall at all times and forever be subject to and encumbered by the following covenants and restrictions, which covenants and restrictions shall bind each and every Member, Owner and Lot, and shall bind and run with the land:
Section 9.01. Wells. No individual well water supply system shall be permitted on any Lot without the prior written approval ofthe ARC.
33
58771933;7
Made with FlippingBook - professional solution for displaying marketing and sales documents online