Sky Island
Covenants, Codes, and Restrictions
Article VII |
ARTICLE VII
Maintenance
Section 7.1. Association Obligation
The Association shall be obligated to maintain, repair and replace the Common Areas in as
good or better of a condition as when it is first installed by the Developer. All expenses
incurred in performing this work shall be paid for by the Association and become part of
the assessments described above. However, any work required as the result of the negligent
or intentional act or omission of any Owner or his or her guests, family or tenants shall
be paid for exclusively by such Owner and shall become part of the assessments levied
against the Lot owned by such Owner.
Section 7.2. Owners' Obligation
(a) Each Owner shall have the obligation to maintain his or her
Lot and any building or improvements located on the Lot to standards appropriate for a
first-class residential community.
(b) Each Owner is also obligated to maintain any landscaping
installed between the Lot boundary and the curb of adjacent streets.
If the Owner of any Lot fails to so maintain the Lot, buildings, and other improvements to
those standards, the Association, after approval by at least a sixty percent (60%) vote of
the Board, shall have the right, through its agents and employees, to enter upon the Lot
and to clean, repair, maintain, and restore the Lot and the exterior of the buildings and
other improvements, provided, however, that any structural alteration or demolition of
constructed improvements may only take place after judicial proceedings are instituted.
The cost of such exterior maintenance and all court costs, and attorney's fees incurred in
enforcing this provision shall be added to and become part of the assessments for such
Lot.
|