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<br /> <br />4810-5342-0509, v. 2 <br /> 41 <br /> <br />(a) Solar Energy System. Any Solar Owner shall be responsible for <br />maintenance of that Owner’s Solar Energy System and appurtenances. The Association shall have the <br />right, but not the obligation, to oversee any Solar Work to ensure that the Roof and other portions of the <br />Condominium Building are not damaged. If a Solar Owner fails to cause any maintenance or repairs to be <br />completed within a reasonable period of time after the Board has provided written notice to the applicable <br />Solar Owner and the Board determines that such repairs must be made to protect the health and safety of <br />Occupants and/or to avoid damage to any other portion of the Condominium Building, the Board may, at <br />its option, have such work completed and levy a Compliance Assessment against the defaulting Solar <br />Owner. Additionally, each Solar Owner and each successive Solar Owner shall be responsible for all of <br />the following in accordance with California Civil Code Section 4746(b)(2): (a) the costs incurred by the <br />Association to repair any damage to the Roof or other Association Property or other portions of <br />Condominium Buildings resulting from the Solar Work; (b) the costs incurred by the Association to repair <br />any damage to the Roof or other Association Property or other portions of Condominium Buildings after <br />removal of the Owner’s Solar Energy System; (c) disclosing to prospective buyers of the existence of the <br />Owner’s Solar Energy System, the Solar Agreement and related responsibilities of the Solar Owner under <br />the Governing Documents and the Solar Agreement. <br />7.3.2 Other Maintenance Obligations. Each Owner shall perform any maintenance <br />obligations designated in a Supplementary Declaration as a maintenance responsibility of an Owner whose <br />Unit is subject to such Supplementary Declaration(s). <br />7.3.3 Quality of Maintenance. All maintenance required to be performed by an <br />Owner pursuant to this Declaration shall be performed in such a manner as shall be deemed necessary in <br />the judgment of the Association to preserve the attractive appearance thereof, and to protect the value <br />thereof in compliance with all requirements of the Owner Maintenance Manual, the Maintenance Chart and <br />the Maintenance Obligations. Any such maintenance of any of the foregoing which is visible from outside <br />of a Unit shall be consistent with the existing design, aesthetics and architecture of the Community. <br />7.3.4 Compliance with Maintenance Obligations. By accepting a deed to a <br />Condominium, each Owner acknowledges and agrees that each Owner is required to comply with all of the <br />Maintenance Obligations and schedules set forth in the Owner Maintenance Manual, and each Owner is <br />further obligated to provide a copy of all documents describing Maintenance Obligations to any successor <br />purchaser of such Owner’s Condominium. <br />7.3.5 Liability for Damage. Each Owner shall be liable to the Association for any <br />and all costs and expenses which may be incurred by the Association to repair any damage to the <br />Association Property which may be sustained by reason of the negligence or willful misconduct of said <br />Owner, the members of his family, his tenants, lessees, or their respective guests or invitees, whether minor <br />or adult. Any such costs and expenses shall be levied by the Board as a Compliance Assessment against <br />such Owner in accordance with the provisions of this Declaration. <br />7.3.6 Non-Compliance With Maintenance Obligations. If an Owner (“Non- <br />Maintaining Owner”) fails to perform its Maintenance Obligations as required under this Declaration, the <br />Association, in addition to any other rights under this Declaration, shall have the right to cure such failure <br />and the provisions set forth below shall apply. <br />(a) Maintenance Deficiencies. Upon a finding by the Association of a <br />deficiency by a Non-Maintaining Owner in its Maintenance Obligations, the Association may provide to the <br />Non-Maintaining Owner a written notice (“Notice of Deficiency”), which shall briefly specify the conditions <br />which the Association finds to be deficient, and request that such deficiency be cured within a specified <br />reasonable period of time. If the Association determines that such deficiency continues to exist at the end <br />of the period of time specified in the Notice of Deficiency, the Association may, at its option, either: (a) enter <br />on and accomplish the maintenance of such portion of the Property that continues to be deficient; (b) <br />contract with another party to accomplish such maintenance; or (c) seek any other remedy available at law <br />or in equity, including, without limitation, specific performance or an injunction to enforce the Non- <br />Maintaining Owner’s Maintenance Obligations provided herein. Any of the foregoing remedies may be <br />294