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<br />Condominium is in violation of any of the provisions of this Declaration, the Articles, Bylaws or Rules; (ii) the
<br />amount of Regular Assessments and Special Assessments, and Reimbursement Charges, including
<br />installment payments, paid by the Owner during the fiscal year in which the request is received; and (iii) the
<br />amount of any Assessments levied against the Owner's Condominium that are unpaid as of the date of the
<br />statement, including any late charges, interest or costs of collection, and that, as of the date of the statement,
<br />are or may be made a lien against the Owner's Condominium as provided by this Declaration. The Association
<br />may charge a fee to provide this information, provided the fee shall not exceed the Association's reasonable
<br />cost to prepare and reproduce the requested items.
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<br />4.13. Bank Accounts: Assessment charges collected the Association shall be promptly deposited
<br />in a bank or savings account, in a bank or savings and loan association to be selected by the Board, which
<br />account or accounts shall be under the name of the Association. The Board, and any officer of the Association
<br />or other person or firm designated by the Board, shall have exclusive control of said account or accounts,
<br />and shall be responsible to the Owners for the maintenance of accurate records thereof at all times. No
<br />withdrawal shall be made from any of said accounts except to pay for the charges and expenses or otherwise
<br />provide for the common benefit of all Owners.
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<br /> The Board shall establish two (2) separate accounts into which shall be deposited all monies
<br />paid to the Association, and from which disbursements shall be made, as provided herein, in the performance
<br />of functions by the Association under this Declaration. Each of the accounts shall be established as a separate
<br />savings or checking account at a bank or savings institution. The accounts shall include: (i) an op erating fund
<br />for current common expenses of the Association, and (ii) a fund fqr reserves for capital Improvements,
<br />replacements, painting and repair of the Common Areas (which cannot normally be expected to occur on an
<br />annual basis). The Board shll not commingle any amounts deposited into either of the above accounts with
<br />one another. Nothing contained herein shall limit, preclude, or impair the establishment of additional
<br />maintenance funds by the Association, so long as the amounts assessed to, deposited into, and disbursed
<br />from any such fund are earmarked for specified purposes authorized by this Declaration.
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<br />ARTICLE V.
<br />MAINTENANCE AND MANAGEMENT
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<br />5.1. Maintenance:
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<br />A. Association's Obligation to Maintain and Repair Common Area: The Association
<br />shall maintain, repair, replace (when necessary), restore, operate and manage all of the Common Area
<br />and all facilities (including Utility Facilities to the extent they are within the Common Area).
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<br />(1) The responsibility of the Association for maintenance and repair shall not
<br />extend to repairs or replacements arising out of or caused by the willful or negligent act or omission of an
<br />Owner, or his guests, tenants or invitees, or the Owner's pets, except if the repair is covered by the insurance
<br />carried by the Association, the Association shall be responsible for making the repairs, and the responsible
<br />Owner shall pay any deductible pursuant to the insurance policy. If the Owner fails to make such payment,
<br />then the Association may make such payment and shall charge the responsible Owner, which charge shall
<br />bear interest at the rate of twelve percent (12%) per annum (but no greater than the maximum rate allowed
<br />by law) until paid in full. The costs of any repairs arising out of or caused by the willful or negligent act
<br />of an Owner, or his guests, tenants or invitees, or the Owner's pets, the cost of which is not covered by
<br />insurance carried by the Association, shall be the responsibility of the Owner. The Association shall make
<br />the repairs and charge the costs thereof to the responsible Owner, which costs shall bear interest at the
<br />rate of twelve percent (12%) per annum (but no greater than the maximum rate authorized by law) until
<br />paid in full.
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<br />(2) Cooperation of Owners/Occupants: Each Owner and Occupant shall fully
<br />cooperate with the agents of the Association in the performance of the Association's inspection,
<br />maintenance and repair obligations described above. Such cooperation shall include, but is not limited to,
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