Section 12.1. Living Unit Maintenance.
(a) Except as otherwise specifically provided in the Governing Documents, each Owner of a Living Unit shall keep such Living Unit, including all landscaping and improvements therein or thereon, as well as any areas such as right-of-ways adjacent to the Living Unit, in good order and repair and free of debris, including but not limited to painting and exterior maintenance of all buildings and other improvements located within such Living Unit, all in a manner and with such frequency as is consistent with good property management. In the event an Owner of any Living Unit shall fail to maintain such Owner’s Living Unit, the Board of Directors or its agent shall have the right, but not the obligation, to enter upon said Living Unit to repair, maintain and restore the Living Unit. The Association shall also have the right to enter Living Units to correct drainage. The Association shall have all easements within an Owner’s Living Unit reasonably necessary for the exercise of its self-help rights under this Section. Except in the case of an emergency, the Board of Directors shall provide an Owner at least fifteen (15) days written notice prior to entering a Living Unit for the purposes set forth in this Section. Notice shall be deemed to be given when mailed by regular or certified mail or hand-delivered to the address of the Owner as it appears in the records of the Association. All costs related to such correction, repair, maintenance or restoration shall be collectible by the Association in the same manner as Assessments and may become a lien upon such Living Unit, provided the requirements of the Maryland Contract Lien Act have been satisfied. Such lien may be enforced in the same manner as the lien for any other Assessment under the Governing Documents.
(b) Without limiting the generality of Section 12.1(a) above, Owners shall take all reasonable measures to treat diseased trees and other plants within their property and shall remove such diseased trees or plants if treatment is inadequate or not feasible. If an Owner fails to promptly treat and/or remove diseased trees or plants from the Owner’s property after notice from the Association, the Association, subject to Section 12.1(a), may, but shall not be obligated to, enter onto such Owner’s property to treat and/or remove, as appropriate, the diseased trees or plants.
Section 12.2. Association Maintenance.
Except to the extent that such responsibilities may be delegated to others pursuant to a lease, license or other agreement, the Association shall maintain, repair, replace and keep in good order, in accordance with all applicable governmental requirements, including, without limitation, all applicable governmental permits (i) the Community Areas and any improvements, landscaping and facilities situated thereon, including, without limitation, the Storage Lagoon and the FCA, (ii) any and all storm water management facilities (including, without limitation, drainage pipes, infiltration trenches, ponds, basins, swales, berms, out-flow control devices, drainage areas, filters, inlets, oil/grit separators and underground facilities) whether such storm water management facilities are located within the Property or not, as long as such storm water management facilities are designed to benefit or serve any portion of the Property or are required or intended to be maintained by the Association pursuant to any easement, agreement or the direction of any governmental or quasi-governmental authority or agency, (iii) rights-of-way, roads, sidewalks, entry strips, signs and entrance features or improvements located within the Community, or which are appurtenant to and serve or benefit the Community, and (iv) and any other property, facilities or equipment appurtenant to and serving or benefiting the Community (including recreational facilities) which the Association elects or is required to maintain, repair or replace. Such maintenance, repair and replacement shall be funded as provided in the Governing Documents. In all events, the Association shall operate and maintain the Community Areas so as to allow for release, at the earliest possible time, of any bonds posted by the Declarant with respect to the Community Areas.
Section 12.3. Living Unit Landscape Maintenance.
(a) Either the Declarant or the Board of Directors may elect to assume maintenance responsibilities for the lawn and garden areas, or other portions of some or all of the Living Units. Lawn and garden area maintenance may include, without limitation responsibility for mowing, fertilizing, trimming, pruning and/or otherwise maintaining all or any portion of the grass, shrubs, bushes, trees, and other planted materials, and any replacements thereof as may be located within all or a portion of the Living Unit. The Association may also elect to assume exterior maintenance responsibilities for some or all of the dwellings and improvements within the Living Units. Any such maintenance by the Association shall be with such frequency and in conformity with reasonable standards as may established by the Board of Directors from time to time. In the event the Association assumes such maintenance responsibilities, all costs relating to the same shall generally be assessed only against the Owners of Living Units that receive such maintenance services. The Declarant or the Board of Directors may also elect to provide these landscaping services to all Living Units within a Local Area, in which case the costs associated with the same may be declared to be Local Area Expenses.
(b) An Owner may request that the Association refrain from performing all or a part of the maintenance services described above. Such a request shall be made to the Association at least ninety (90) days prior to the date the Owner desires the Association to refrain from such maintenance, or such other time period as the Association may prescribe. The Association shall not unreasonably withhold approval of such request, provided the Owner has demonstrated to the satisfaction of the Association his or her intention to maintain landscaping in a manner and with such frequency as is acceptable to the Association. In the event an Owner elects to maintain the landscaping situated on his or her Living Unit pursuant to the terms hereof, such Owner shall not be entitled to any reimbursement from the Association or reduction in assessments levied against such Living Unit, unless the Association elects to do so. However, the Association reserves the absolute discretion to refrain from providing such reimbursement.
Section 12.4. Association Maintenance of Building Condominiums; Collection of Building Condominium Assessments.
Because of the efficiencies and economies of scale that can result from having maintenance of the common elements and other areas of Building Condominiums consolidated under one authority, the Association may, but shall not be obligated to, undertake to provide such maintenance and similar services to one or more Building Condominiums as may be delegated from time to time to the Association, with the Association’s consent, by the respective Building Condominium Board. The Association’s costs related to such maintenance and services provided by the Association to a Building Condominium may be assessed as Local Area Assessments or otherwise imposed as an additional Association assessment against the Owners of Living Units within the Building Condominium(s) that benefit from such maintenance and services. The Association shall also have the authority, but not the obligation, to bill and collect Building Condominium assessments from unit owners on behalf of a Building Condominium Association.
Section 12.5. The Association’s Responsibilities for the Storage Lagoon.
It is anticipated that the Storage Lagoon shall be conveyed to the Association as Community Property. The Storage Lagoon is to be used for the storage of effluent discharged from the sewage treatment facilities that serve the Community and the Golf Course. Upon such conveyance, among the other rights and obligations that the Association shall assume, the Association shall have the rights and obligations of the owner of the Storage Lagoon as set forth in the Riddle Farm Sewer and Water Agreement dated May 28, 2002 and recorded among the Land Records in Liber 3344, folio 513, as the same may be amended from time to time.
Section 12.6. Right of the County to Maintain Community Roads.
The County may, but shall have no obligation to, inspect any roads within the Community that are owned by the Association as Community Property (the “Community Roads”). If, after notice by the County to the Association and a reasonable opportunity to cure, the Association shall fail to repair or maintain the Community Roads in accordance with County standards, the County may, but is not obligated to, enter onto the Community Roads to perform all necessary repair and maintenance of the Community Roads and may assess the Association for the cost of such work. The County shall have all easements within the Community Roads reasonably necessary for the exercise of its repair and maintenance rights in accordance with this Section.
Section 12.7. Declarant Indemnification.
The Association shall indemnify, hold harmless and, upon written request by the Declarant, defend the Declarant from any loss, liability, or expense, including reasonable attorneys’ fees, resulting from any failure of the Association to maintain the Community Areas in accordance with this Declaration and all applicable governmental requirements.
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