3000 41ST ST WHOLE SITE DOCUMENTS 2026-01-15

system and/or sewer easements. The cost of any such repair and restoration work shall be a Common Expense. 5.2 Owner's Responsibility. Each Owner shall maintain their Lot, including without limitation all structures, fencing, yard drains, drainage, landscaping, parking areas and other improvements comprising the Lot consistent with the Community -Wide Standards and all applicable covenants, unless such maintenance responsibility is assumed by or assigned to the Association. In addition,to any other enforcement rights, if any Owner fails to properly maintain their Lot, the Association may perform such maintenance and assess the costs against the Lot and the Owner under Article 9; provided, that the Association shall give the Owner reasonable notice .and an opportunity to perform such maintenance, unless the Board determines that maintenance is needed on an emergency basis. 5.2.1 Each Lot Owner must maintain and shall not modify the slope grades of their Lot from the original grade and condition installed by Declarant. Likewise, each Lot Owner must maintain and shall not modify any of the original landscaping on any such slopes installed by Declarant. If Lot Owners fail to do so, the Association shall perform all slope work necessary to maintain slope grades of Lots and will assess the costs of such maintenance against the Lot and the Owner as provided herein. No Lot Owner may modify or alter in any way the natural water drainage from or across their Lot in a manner which would impair or prevent water drainage into the water drainage conveyance systems internal to all Lots. 5.3 Standard of Performance. Unless otherwise specifically provided in this Declaration or in other instruments creating and assigning such maintenance responsibility, responsibility for maintenance shall include responsibility for repair and replacement, as necessary. All maintenance shall be performed consistent with the Community -Wide Standards and all applicable covenants. Neither the Association, Declarant nor any Owner shall be liable for any damage Dr injury occurring to or arising out of the condition of property maintained by the Association. 5A Party Walls. Fences and Driveways. Each retaining wall, if .any, fence or driveway built as a part of the original construction on the Lots which serves or separates any two (2) adjoining Lots, shall constitute a party wall, party fence or party driveway. To the extent consistent with this Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts ,or omissions shall apply thereto. The cost of reasonable repair and maintenance of party walls, fences and driveways shall be shared equally by the Owners using them. To the extent damage to a party wall, fence or driveway from fire or other casualty is not repaired out of the proceeds of insurance, any Owner who has used the wall, fence or driveway may restore it. If other Owners thereafter use the wall, fence.or driveway, they shall contribute to the restoration cost in equal shares, without prejudice to any Owner's right to larger contributions from other users under any,rule of law. Any Owner's right to 11 DECLARATION OF SIMPSON F:\MBS\Polygon\Simpson Project\Dec CCRs cln4.docx 4/13/2015 Of) #214264.013