Instrument #2022025031 #52 Book:8196 Page:4823
Section 9.42. Variances. Declarant and the Board shall have the right and power to grant variances from the provisions of this Article IX and from the Rules and Regulations for good cause shown, as determined in the reasonable discretion of the Board. No variance granted as aforesaid shall alter, waive or impair the operation or effect ofthe provisions ofthis Article IX in any instance in which such variance is not granted. Section 9.43 Mitigation of Dampness and Humidity. No Owner, excluding Declarant or Builder, shall install, within his or her Lot, or upon the Common Properties, non-breathable wall- coverings or low-permeance paints. Additionally, any and all built-in casework,furniture, and or shelving in a Lot must be installed over floor coverings to allow air space and air movement and shall not be installed with backboards flush against any gypsum board wall. Additionally, all Owners, whether or not occupying the Lot, shall periodically run the air conditioning system to maintain the Lot temperature, whether or not occupied, at 78°F, to minimize humidity in the Lot. While the foregoing actions are intended to minimize the potential development of molds, fungi, mildew and other mycotoxins, each Owner understands and agrees that there is no method for completely eliminating the development of molds or mycotoxins. The Declarant and any Builder do not make any representations or warranties regarding the existence or development of molds or mycotoxins and each Owner shall be deemed to waive and expressly release,to the fullest extent allowed by law, any such warranty and claim for loss or damages resulting from the existence and/or development of same. In furtherance of the rights of the Association as set forth in this Declaration, in the event that the Association reasonably believes that the provisions ofthis Section are not being complied with,then,the Association shall have the right(but not the obligation)to enter the Lot(without requiring the consent ofthe Owner or any other party)to turn on the air conditioning in an effort to cause the temperature ofthe Lot to be maintained as required hereby (with all utility consumption costs to be paid and assumed by the Owner). To the extent that electric service is not then available to the Lot,the Association shall have the further right, but not the obligation (without requiring the consent ofthe Owner or any other party)to connect electric service to the Lot(with the costs thereofto be borne by the Owner,or if advanced by the Association,to be promptly reimbursed by the Owner to the Association, with all such costs to be deemed Individual Assessments hereunder).
ARTICLE X
STORMWATER MANAGEMENT
Section 10.01. Association. The Association shall be responsible for the maintenance, operation and repair of the Stormwater Management System. Maintenance of the Stormwater Management System shall mean the exercise of practices which allow the systems to provide drainage, water storage, conveyance or other stormwater management capabilities as permitted by the District. The Association shall be responsible for such maintenance and operation. Any repair or reconstruction ofthe stormwater management system shall be as permitted,or if modified as approved by the District. (a) Pursuant to Fl. Stat. §617.0302(11),the Association, as a corporation not for profit organized under Chapter 617 ofthe Florida statutes, has the power to sell, convey, mortgage, pledge,lease,exchange,transfer, or otherwise dispose ofall or any part ofits property and assets. (b) Pursuant to Fl. Stat. §617.0302(2), the Association, as a corporation not for profit organized under Chapter 617 of the Florida statutes, has the power to sue and be sued and appear and defend in all actions and proceedings in its corporate name to the same extent as a natural person.
(c) At Common Expense, the Association shall have the authority at all times to contract for services to provide for operation and maintenance services concerning the Common
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