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This it the original section 8.1 and 8.2 to article VIII of the CC&R's,
as recorded on 10-18-95. These sections were changed via the First
Amendment to the CC&R's on 5-25-2000, and therefor the sections
below are no longer valid.
8.1 Association Responsibility.
(a) Common Area Maintenance. The Association shall
maintain or provide for the maintenance of all Common Areas and all
improvements, furnishings and equipment located thereon of whatever kind and
whatever purpose, in good condition, working order and repair. The Association
shall also provide all landscaping, irrigation and gardening as the Board
deems necessary to generally maintain and periodically replace when necessary
the trees, shrubs, vines, plants, hedges, ground cover, grass and vegetation
located upon the Common Area, and the Association shall maintain the same in a
neat and attractive manner.
Without limiting the foregoing the Association shall be
responsible for the maintenance, repair and replacement of the structural
portions of the Exclusive Use Common Area carports provided that, Owners shall
be responsible for the maintenance of the interior of the carport assigned to
their Lot and for the maintenance, repair and replacement of the carport doors
and door frames of their respective carport.
(b) Maintenance of Lots. The Association shall
provide exterior maintenance upon each Lot which is subject to assessment
hereunder as follows:
(i) Paint, stain, repair, replace and maintain the
exterior building surfaces of all Residences limited to roof covers and
shingles, gutters, downspouts, exterior siding, outdoor lights (except for
patio and porch lights) and fences. Such exterior building maintenance shall
not include and the Association shall not be responsible for the structural
portions of roofs or other structural components of Residences, exterior
doors or door frames, screen doors, glass surfaces, window panes, window
frames, screens, porch or patio lights or any improvements placed in
individual Lot patios.
(ii) Repair, replace and maintain trees, shrubs, grass,
walks, and other landscaping improvements located in the front and
side yards of each Lot. Landscaping and other improvements located in the
back yards or enclosed patio areas on Lots shall be the maintenance
responsibility of Owners.
8.2 Owner Responsibility.
(a) Maintenance of Lots. Except to the extent that
maintenance of any improvement on a Lot is expressly and clearly made the
responsibility of the Association, each Owner shall be responsible for the
maintenance, repair and replacement of his or her Lot and all improvements
thereon, including without limitation, the structural portions of roofs;
skylights; decks; patios; porch and. patio lights; plumbing, electrical,
heating and air conditioning systems servicing a Lot; glass surfaces; window
fixtures; screens; any hardware; concrete or paved surfaces and other
improvements within fenced, enclosed or back yard areas on the Lot;
fireplaces, flues, chutes and chimneys; exterior doors and door frames; screen
doors; carport doors and door frames; and solar devices.
(b) Exclusive Use Common Area. With the exception of
the structural portion of carports as set forth in Section 8.1 (a) above, each
Owner shall further be responsible for providing cleaning and upkeep, of any
Exclusive Use Common Area which is appurtenant to his or her Lot including and
maintenance, repair and replacement of carport doors and door frames.
(c) Compliance With Architectural Provisions. An
Owner's right and responsibility for maintaining, repairing or replacing any
portions of his or her Lot or Exclusive Use Common Area shall be subject to
any applicable provisions of the Governing Documents relating to architectural
control.
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