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<br /> <br />4810-5342-0509, v. 2 <br /> 29 <br /> <br />maintenance or other easements conveyed by Declarant and/or created under this Declaration and shall <br />maintain, repair, replace, operate, and otherwise manage all of the Improvements and facilities required to <br />be maintained by the Association, and all personal property acquired by the Association in accordance with <br />the terms and provisions of the Governing Documents and the Community Entitlements. The Board shall <br />periodically review the nature and scope of the operations of the Association to assure such operations are <br />in satisfactory compliance with the requirements of the Governing Documents and the Association <br />Maintenance Manual. The Association shall comply with the requirements of any agreements entered into <br />between Declarant and Governmental Entities pertaining to the Association Property. In the event that a <br />dispute arises between Declarant and the Association with respect to the nature, design, quality or quantity <br />of such Improvements, or the acceptance of maintenance responsibilities therefor, the Association shall be <br />obligated to accept title to the Association Property and undertake maintenance responsibilities therefore, <br />pending resolution of the dispute, in accordance with the provisions for enforcement set forth in Article 16 <br />(Term and Enforcement). <br />4.4.3 Utilities. The Association shall acquire, provide and pay for water and other <br />utility services for the Association Property to the extent necessary. The Association shall permit utility <br />suppliers and other providers of any telecommunications or other services to use portions of the Association <br />Property reasonably necessary to the ongoing development and operation of the Community. <br />4.4.4 Taxes, Assessments and Liens. The Association shall pay all real and <br />personal property taxes levied against the Association Property or any other taxes or assessments which <br />could become a lien on the Association Property or any portion thereof. Such taxes and assessments may <br />be contested by the Association provided that they are paid or that a bond insuring payment is posted <br />before the sale or the disposition of any property to satisfy the payment of such taxes. <br />4.4.5 Architectural Control. The Association shall promulgate architectural <br />standards and procedures it deems appropriate, may appoint or remove members of the Design Review <br />Committee and may hire a consultant in connection therewith in accordance with the provisions of Article <br />8 (Design Review). <br />4.4.6 Rules. The Association shall adopt and be entitled to modify and enforce the <br />Rules as it deems reasonable. The Rules shall govern the Community. However, the Rules shall not be <br />inconsistent with or materially alter any provisions of the Governing Documents. A copy of the Rules, as <br />adopted, amended or repealed, shall be mailed or otherwise delivered to each Owner. In case of any <br />conflict between any of the Rules and any other provisions of this Declaration, the conflicting Rules shall <br />be deemed to be superseded by the provisions of the Declaration. Notwithstanding any provision of this <br />Declaration to the contrary, and to the extent Civil Code Section 4340, et seq. is applicable to the Rules, <br />any rule which is considered to be an operating rule under California Civil Code Section 4340, et seq. may <br />not be adopted, changed or amended except by and pursuant to the procedures set forth in California Civil <br />Code Section 4340, et seq. <br />4.4.7 Warranties. The Association shall comply with the terms of each warranty in <br />favor of the Association, if any, for any equipment or facilities within the Association Property, which <br />warranties may be impaired or eliminated if the Association fails to maintain in compliance with a warranty <br />or if it fails to keep in effect certain maintenance contracts. <br />4.4.8 Maintenance Manuals. The Association shall maintain at the offices of the <br />Association a copy of the Owner Maintenance Manual(s) provided by Declarant to the Owners and shall <br />make available to every Owner upon request a copy of the Owner Maintenance Manual applicable to such <br />Owner’s home. The Association shall have the right to charge the requesting Owner a fee for the copying <br />of such Owner Maintenance Manual. The Association shall also comply with provisions of the Association <br />Maintenance Manual provided by Declarant to the Association. The Association may, from time to time, <br />make appropriate revisions to the Association Maintenance Manual based on the Board’s review thereof to <br />update such manual to provide for maintenance according to current industry practices, so long as such <br />changes do not reduce the useful life or functionality of the items being maintained. The Association shall <br />require that any management company hired by the Association for the Community: (i) ensures that review <br />282