CC&Rs

ARTICLE VII

Exterior Maintenance Responsibilities

[7.1] Section 1. Common Area and Recreation Area. The Association shall be solely responsible for all maintenance, repair, upkeep and replacement within the Common Area, including the Common Facilities. No person other than the Association or its duly authorized agents shall construct, reconstruct, refinish, alter or maintain any Improvement upon, or shall create any excavation or fill or change the natural or existing drainage of any portion of the Common Area and the Recreational Area. In addition, no person shall remove any tree, shrub or other vegetation from, or plant any tree, shrub, or other vegetation upon the Common Area or the Recreational Area without express approval of the Association.

[7.2] Section 2. Owner Maintenance Responsibilities.

(a)             Each Owner of a Lot shall be responsible for maintaining his or her Townhouse, including the equipment and fixtures in the Townhouse and the interior walls, ceilings, windows and doors of the owned Townhouse in a clean, sanitary, workable, and attractive

condition. However, each Owner has complete discretion as to the choice of furniture, furnishings, and interior decorating, except that windows can be covered only by drapes, shutters, or shades and cannot be painted or covered by foil, cardboard, or other similar materials. Each Owner also shall be responsible for repair, replacement, and cleaning of the windows and glass of his or her Townhouse, both exterior and interior.

(b)             Each Owner shall be responsible for cleaning, maintaining and repairing the Exclusive Use Common Areas appurtenant to his or her Townhouse, as more particularly described in article II, section 1(e), above.

[7.3] Section 3. Recovery of Costs of Certain Repairs and Maintenance.

(a)  In the event that the need for maintenance or repair, which would otherwise be the

Association’s responsibility hereunder is caused through the willful or negligent acts of an

Owner, his or her family, guests, tenants, or invitees, and is not covered or paid for by

Association insurance policies or any liability insurance maintained by the responsible

Owner, the cost of such maintenance or repairs shall be subject to recovery by the

Association through the imposition of a Special Individual Assessment against the offending

Owner in accordance with article IV, section 4 hereof.

(b)  In the event that an Owner fails to perform maintenance functions for which he or she is responsible, the Association may give written notice to the offending Owner with a request to correct the failure within 15 days after receipt thereof. If the Owner refuses or fails to perform any necessary repair or maintenance, the Association may exercise its rights under article III, section 6(b) to enter the Owner’s Townhouse and perform the repair or maintenance so long as the Owner has been given notice and the opportunity for a hearing in accordance with article XIV, section 6, hereof.

[7.4] Section 4. Cooperative Maintenance Obligations. To the extent necessary or desirable to accomplish the Association’s maintenance obligations hereunder, individual Owners shall cooperate with the Association and its agents and maintenance personnel in the prosecution of its work.