9E Consent - Laserfiche WebLink

Home

DSCC-57520\2494968.2 14 September 17, 2021 coverings in bathrooms that may be conducive to Mold growth; (vi) replacement of heating and air conditioning filters as recommended by the manufacturer; and (vii) such other prudent steps as may be appropriate to prevent water leaks and water intrusion and to repair all leaks, sources of water intrusion and water damage (including Mold growth) within the Condominiums. The Association shall have the Common Area periodically inspected for wood destroying pests and organisms and shall take appropriate corrective measures therefor. 4.4 Trash Removal. Each Owner shall be responsible for the removal of all the trash and refuse from that Owner’s Unit to the Exclusive Use Common Area trash collection area appurtenant to the Owner’s Unit, if applicable. Each Owner shall be responsible for maintaining its Exclusive Use Common Area trash collection area in a neat, clean and sanitary condition at all times. Each Owner shall engage a trash removal service for the periodic removal of trash therefrom. All trash or refuse shall be kept only in sanitary containers. Trash shall be removed based on a schedule consistent with normal and customary trash removal from comparable retail operations in the area and consistent with a schedule that prevents the accumulation of trash in excess of the capacity of the trash receptacles. Except for the designated trash collection areas, no portion of the Common Area shall be used to dump or store, even temporarily, trash or other refuse. Each Owner shall take all appropriate, proper and required precautions to protect Persons and property from any injuries or damages from the trash or other refuse generated from the Owner’s Condominium and shall comply with all Applicable Laws regarding the disposal of any hazardous materials. 4.5 Cooperation and Access. Each Owner and Occupant shall fully cooperate with the agents of the Association in the performance of the Association’s maintenance obligations described in Section 4.2 above. Such cooperation shall include, but is not limited to, immediate notification to the Association or its managing agent of any maintenance problems for which the Association is responsible and access to the Owner or Occupant’s Condominium and Exclusive Use Common Area as may be necessary to inspect and, if appropriate, to perform any necessary maintenance. 4.6 Reimbursement and Indemnification. If the Association incurs any maintenance costs because of the willful or negligent act or omission of any Owner or Occupant or their Permittees (including, but not limited to, any damage to the Common Area caused by a water leak or overflow from the Owner’s Unit), the Association shall charge the cost to the Owner of the Condominium responsible for the costs and may levy a reimbursement assessment as described in Section 6.5. The Owner immediately shall pay the charge or reimbursement assessment to the Association, together with interest thereon at the rate of twelve percent (12%) per annum, but not in excess of the maximum rate authorized by Applicable Laws. If the Owner disputes the charge, the Owner shall be entitled to notice and a hearing as provided in Section 5.2.2. The Association shall not charge the Owner to the extent that the cost is met through insurance maintained by the Association, provided that any deductible amount and any costs in excess of such insurance coverage shall be paid by the Owner. Furthermore, the Owner shall defend, indemnify and hold the Association harmless from any claim, demand, liability or cost, including reasonable attorneys’ fees arising from such damage, except to the extent the demand, claim, cost or liability is covered by insurance maintained by the Association. The Owner shall pay the amount of any deductible and any amount in excess of insurance coverage. ARTICLE 5 The Association 5.1 Formation of the Association and Commencement of Operations. The Commercial and Industrial Act requires that a condominium development have an association, which may be unincorporated. The Association for this Development is an unincorporated association consisting of the Owners of the two Condominiums within the Development. All actions of the Association require the Approval by the Owners of both Condominiums as described in Section 1.2. Each Owner is a Member of the Association and