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4810-5342-0509, v. 2 18 access to the inverters subject to the Solar Rules. As used herein “Solar Rules” means the rules adopted by the Board regulating Solar Energy Systems and Solar Use Areas that do not conflict with the terms, conditions and restrictions in this Section 2.18 (Solar Energy Systems) or California Civil Code sections 714, 714.1 and 4746 and any amendments or successors thereto (collectively, “Solar Laws”), and including rules regarding access to and use of any Association Property for placement of inverters, batteries, and conduits between inverters and the solar modular panels. The Solar Rules may add additional requirements or restrictions provided they do not materially alter the rights or duties of an Owner or Solar Company with respect to any Solar Energy System installed before the adoption of the additional requirements or restrictions. 2.18.1 Solar Energy System Design. Due to the limited surface area of each Condominium Building roof that is capable of accommodating the installation and operation of a Solar Energy System, certain Solar Energy Systems installed in the Community as part of the original construction of the Community, or as provided for in this Declaration, may be constructed with a design in which multiple Solar Energy Systems on a Condominium Building roof are grouped in close proximity to one another. Although each Owner’s Unit is anticipated to be exclusively served by specific solar panels, these solar panels may be grouped together, located on a joint racking system and/or constructed with other design features that attach the Solar Energy Systems in some fashion. Accordingly, Owners are advised that future arrangements with the Solar Company or other solar providers may be limited by certain design and installation feasibility constraints. It is Owner’s obligation to consult with the Solar Company or other solar providers to determine the feasibility of Owner’s desired Solar Energy System arrangements in the future. As described in this Section 2.18 (Solar Energy Systems), the Board has the right to establish additional rules, including the Solar Rules, concerning Solar Energy Systems and solar energy issues. 2.18.2 Solar Agreements with Solar Contractors. The Solar Energy Systems on the Condominium Buildings may be subject to individual lease agreements, power purchase agreements, or other forms of written agreements entered into between an Owner and the Solar Company or a Solar Contractor. The lease agreements and/or power purchase agreements entered into in connection with the original construction and sale of the Condominiums are deemed approved by the Association. Excluding any Unit then subject to a solar lease agreement or power purchase agreement, an Owner’s assignment of its rights and obligations under this Declaration to a third-party Solar Contractor, concerning the installation, maintenance, operation and removal of a Solar Energy System, is subject to the prior right of the Board to review and approve the proposed Solar Contractor and the form of the proposed solar lease, solar power purchase agreement or other written agreement for the Solar Energy System. Any such proposed solar agreement by an Owner with a Solar Contractor that does not have the approval of the Association prior to installation of the Solar Energy System shall be void. Owners shall be responsible for reimbursing the Association for its costs, including legal costs, of the review of such solar agreements. 2.18.3 Ownership of Solar Energy System. The Solar Energy System exclusively serving a Condominium is personal property owned by the Owner of such Condominium or, if applicable, the Solar Company. In the future, with the development of newer solar energy technologies, the components of the Solar Energy System described in this Declaration may change. Components of the Condominium Building that are installed below the roof and within the Condominium Building attic or walls (for example, junction boxes, wiring and conduit), are fixtures of the Condominium Building and a part of the Association Property. The Association will NOT maintain any insurance on the Solar Energy System, and it shall be responsibility of the Owner to maintain any insurance desired by Owner for the Solar Energy System. The lease, power purchase agreement or other agreement between Owner and the Solar Company may provide that the Solar Company will perform certain of the Owner’s duties under this Section 2.18 (Solar Energy Systems), including maintenance and repair of the Solar Energy System and maintaining insurance, provided that the Owner retains full responsibility and liability for any failure to properly perform these duties or otherwise adhere to the terms of this Section 2.18 (Solar Energy Systems). 2.18.4 Maintenance and Modification. (a) The Owner shall be responsible for the maintenance and repair, including the cost of such maintenance and repair, of (i) the Solar Energy System that serves the Owner’s 271