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4810-5342-0509, v. 2 39 the obligation to pay the Assessments or any installment thereof for that or any subsequent Fiscal Year, but the Assessment fixed for the preceding Fiscal Year shall continue until a new Assessment is fixed. 6.19 Property Exempt From Assessments. The Association Property shall be exempt from the Assessments, charges and liens created herein. 6.20 Uncompleted Facilities. Although no land or Improvements devoted to dwelling use in the Community shall be exempt from Assessment, the Board may, but shall have no obligation to, exclude from the Regular Assessments those portions of budgeted Common Expenses that are for the purpose of defraying expenses and reserves directly attributable to the existence of Improvements to be maintained by the Association that are not complete at the time of the Assessment. Any such exemption from the payment of Assessment shall be in effect only until the earlier to occur of the following: (a) a notice of completion for the subject Improvements has been recorded; or (b) the Improvements have been placed into use. 6.21 Association Property Improvements. If the Improvements to be installed by Declarant on the Association Property in a Phase have not been completed prior to the issuance by the DRE of a Final Subdivision Public Report covering the Phase, and in the further event that the Association is the obligee under a bond to secure performance by Declarant to complete such Improvements, then if such Improvements have not been completed and a notice of completion filed within sixty (60) days after the completion date specified in the planned construction statement appended to the bond, the Board shall consider and vote upon the question of whether or not to bring action to enforce the obligations under the bond. If the Association has given an extension in writing for the completion of any such Improvement, then the Board shall consider and vote on said question if such Improvements have not been completed and a notice of completion filed within thirty (30) days after the expiration of the extension period. In the event that the Board determines after the expiration of any written extension(s) not to take action to enforce the obligations secured by the bond or does not vote on the question as above provided, then, in either such event, upon petition signed by Members representing five percent (5%) or more of the Voting Power, excluding the Voting Power of Declarant, the Board shall call a special meeting of the Members to consider the question of overriding the decision of the Board or of requiring the Board to take action on the question of enforcing the obligations secured by the bond. Said meeting of Members shall be held not less than thirty-five (35) days nor more than forty-five (45) days following receipt of the petition. At said meeting, a vote of a majority of the Voting Power, excluding the vote of Declarant, to take action to enforce the obligations under the bond shall be deemed to be the decision of the Association, and the Board shall thereafter implement the decision by initiating and pursuing appropriate action in the name of the Association. ARTICLE 7 MAINTENANCE RESPONSIBILITIES 7.1 Maintenance. Unless the context otherwise requires, as used in this Article, “maintenance,” “maintain” or “maintaining” means the operation, inspection, maintenance, repair, restoration and replacement of the areas and facilities designated for maintenance by the Association or Owner. To the extent repair, restoration and replacement is required as a result of damage or destruction under Article 11 (Destruction of Improvements and Condemnation), then the repair and replacement shall be governed by the provisions of Article 11 (Destruction of Improvements and Condemnation). 7.1.1 Maintenance Chart. The Maintenance Chart attached hereto identifies certain maintenance responsibilities of the Association and the Owners. In the event of a conflict between the maintenance responsibilities set forth in this Article and the Maintenance Chart, the provisions of this Article shall control. 7.2 Maintenance Obligations of the Association. The Association shall maintain all areas designated for maintenance by the Association on the Maintenance Chart. The requirements set forth in this Section are in addition to, and supplement the Association’s obligations set forth on the Maintenance Chart. The Association shall maintain the Association Property (including without limitation all portions of 292