Landscaping Expecations

The respective responsibilities for the maintenance, decoration, repair, and replacement of the common elements are as follows: 

(1) The Association, as a whole, shall bear the cost of maintaining, repairing, and replacing the limited common elements except (a) to the extent of maintenance, repair, or replacement due to the act or neglect of an Owner or his agent, guest, or invitee, for which such Owner shall be wholly responsible, unless, and to the extent, any such loss or damage is covered by insurance maintained by the Association; and (b) as provided in subsection (4) of this section. 

(2) The Owners of the Villa Units (Units 111-121 and 123-135) shall bear the joint cost of maintaining landscaping, lawn areas, and the exterior grounds associated with the Villa Units. Each Owner of the Villa Units shall install or replace landscaping within the provisions of this Master Deed. Units 123 through 135 shall bear the cost of maintaining Forest Lake. 

(3) Each Individual Unit Owner (Units 1, 3-29, 32, 35-53, 54-71, 73-83, 84-94, 95-106, 108-110, and 136) shall bear the cost of installing and maintaining landscaping within the Frontage Area adjoining his or her Unit; installing, maintaining, repairing, and replacing the portion of the driveway built upon the Frontage Area; and of installing, maintaining, repairing, and replacing the mailbox located within the Frontage Area. On all other Units the frontage area between the paved street and the Unit is for access, lighting or mail delivery. 

(4) Except for Villa Units and to the extent maintenance, repair, or replacement arises due to the act or neglect of another Owner or his agent, guest, or invitee, for which such Owner shall be wholly responsible, the cost of maintaining, repairing, and replacing all improvements, including landscaping, within the boundaries of a Unit, and the cost of meeting the obligations set forth in Subsection (3) of this Section, will be borne by the Owner of the Unit. 

The appearance of all buildings, garages, patios, decks, porches (whether open or screened), landscaping, and all other improvements within a Unit will, at all times, be subject to the approval of the Association, except that the Association may not disapprove the appearance of an improvement maintained as constructed with the approval of the Architectural Control Committee or changes of a non-material nature which does not significantly change the topography or alter the structural integrity of any improvements. 

Any maintenance, repair, or replacement obligation to be borne by an Owner may, if not performed by the Owner, be performed by or under the direction of the Association, with the cost assessed against the responsible Owner. The Association shall not, in such case, be responsible for incidental damage to the Unit or any improvement or property located within the boundaries of the Unit of the Owner who failed to fulfill his obligations. 

1. Residual Damage to Units. 

Unless provided otherwise in this Master Deed or in the Condominium By-Laws, damage to a Unit, or any improvement or property located within the boundaries of the Unit, caused by the repair, replacement or maintenance activities of the Association of those common elements which must be maintained by the Association shall be repaired at the expense of the Association. 

1. Use of Units and Common Elements. 

(1) No Owner shall use his or her Unit or the common elements in any manner (i) inconsistent with the purposes of the Condominium Project or (ii) which will unreasonably interfere with or impair the rights of any other Owner in the use and enjoyment of his or her Unit or the common elements. 

(2) No Owner shall be exempt from contributing toward Expenses of Administration (as defined in the Condominium By-Laws) or from the payment of assessments against his or her Unit by reason of non-use or waiver of use of the common elements or by the abandonment of his or her Unit.