HomeMy WebLinkAbout1133 f
ARTICLE VI
DELEGATION OF USE
Subject to such limitations as may be imposed by
the By-Laws of the Association and this Declaration, each
Owner may delegate his right of enjoyment in and to the
Easements created and declared herein an3 the incidents
of owning a Farcel herein to the members of his family,
guests, lessees and invitees. The Declarant and its employees,
agents, lessees and invitees shall also be entitled to the enjoyment
of all Easements created and declared herein-for so long as
it still retains legal title to any of the Parcels.
ARTICLE VII
MAINTENANCE AND REPAIR
Section 1. Parcels. In addition to maintenance of
the Common Area the Association shall be charged with the duty
of maintaining lawns, landscaping, plants, trees and walks of
all Parcels in good order, appearance and condition, which
duty shall not include maintenance of the Townhouses themselves.
In the event this duty of maintenance should be taken
away from the Association, then each Owner of a Parcel shall
at his sole cost and expense, maintain, such Parcel in good
order, repair, condition and appearance If an-Owner fails
to maintain his Parcel as required hereunder, compliance
with which shall be determined by the Association, the
Association after delivering written notice of such non-compliance
to the Owner and after approval by two-thirds (2/3) vote
of the Board of Directors, shall have the right through its
agents, employees and contractors, to enter onto any such
Parcel and to repair, maintain and restore such Parcel. The
cost of such repair, maintenance and restoration shall be
added to and become a part of the assessment to which such
Parcel is subject. Nothing contained herein shall prevent
one or all of the Owners from contracting with the Association
to maintain such Owner's Parcel in accordance with the
requirements hereunder_so long as the cost of that maintenance
~ does not get assessed wholly or portionately against a
non-assenting Owner's Parcel.
Section 2. Townhouses. The Owner of a Parcel shall
at his sole cost and expense, maintain the Townhouse situated
on such Parcel in good order, repair, condition and appearance
including the building exterior, windows, gutters and downspouts,
keeping the same in a condition comparable to, or better
than which now exists, excepting only normal wear and tear. ~
In the event an Owner fails to maintain his Townhouse as
required hereunder, compliance with which shall~be determined
by the Association, the Association after delivering written
notice of such non-compliance to the Owner and after approval by
two-thirds (2/3) vote of the Board of Directors, shall have the
right through its agents, employees and contractors, to
enter onto any such Parcel and to repair, maintain and restore
the exterior of the Townhouse located thereon, including
windows. The cost of such repair, maintenance and restoration _
shall be added to and become a part of the assessment to
which such Parcel is subject. Nothing contained herein shall
prevent one or all of the Owwers from contracting with the
Association .to maintain such Owner's Townhouse in accordance with ~
the requirements thereunder so long as the cost of that maintenance
does not get assessed wholly or portionately against a non-
assenting Owner`s Parcel. i
Section 3. Obli ation to Rebuild. If all or any
portion of a Townhouse is amage or estroyed by a fire or
other casualty, it shall be the duty of the Owner thereof,
with all due diligence and subject only to the Party ~Jall
provisions concerning reconstruction of such a wall as set forth
in Article IV herein, to rebuild, ,repair-or reconstruct such
Townhouse in a manner which will substantially restore it to its
appearance and condition prior to the casualty. Reconstruction
_ ~~K 337 PAGE 1i~U