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02-14-2005 Council Packet
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02-14-2005 Council Packet
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paved areas; maintenance, repair, painting and replacement oflighting flxtures, directional signage; <br />planting, removing, mowing, trimming, replanting, raking and fertilizing of grass, shrubs, trees and <br />other {dantings; the ntaintenance and repair of exterior surfaces of all buildings on the Real Estate, <br />including, without limitation, the painting and staining of same as often as necessary, the <br />replacement of trim and caulking, the maintenance and repair of roofs, gutters, downspouts and <br />overhangs, the maintenance and repair of exterior windows and doors, and the painting and <br />decorating of the exterior surface of exterior doors and exterior window sashes. The Association <br />shall not be responsible for washing windows. In addition, the Association shall be responsible for <br />snowplowing all driveways, parking areas and paved walkways throughout the Real Kstate. In the <br />event that the need for maintenance or repair is caused through the willful or negligent act or <br />omission of an owner or the owner's tenants or invitees, the cost of such maintenance or repair shall <br />be added to and become a part of the assessment to which such Unit is subject. <br />12.02 Services . The Association may obtain and pay for the services of any persons or <br />entities, to manage its affairs, or any part thereof, to the extent it deems advisable, as well as such <br />other personnel as the Association shall determine to be necessary or desirable for the proper <br />operation of the Real Estate, whether such personnel arc furnished or employed directly by the <br />Association w by any person or entity with whom or which it contracts, fhe Association may obtain <br />and pay for legal and accounting services necessary or desirable in connection with the operation of <br />the Real Estate or the enforcement of this Declaration. The Association may arrange with others to <br />furnish trash collection and other common services to each Unit. <br />12.03 Personal PropeHv and Real Estate for Com mon Use. The Association may acquire <br />and hold for the use and benefit of all of the owners tangible and intangible personal property and <br />real estate and may dispose of the same by sale or otherwise. Such beneficial interest shall not be <br />transferable except with the transfer of title to a Unit, provided that an owner may delegate its right <br />of ef\)oyment of such property to tenants ofits Unit. A transfer of title to a Unit shall transfer to the <br />transferee ownership of the transferor ’s beneficial interest in such property in accordance with the <br />purpose for which it is intended, without hindering or encroaching upon the lawful rights of other <br />owners. The transfer of title to a Unit under foreclosure shall entitle the purchaser to the beneficial <br />interest in such property associated with the foreclosed Unit. <br />12.04 Utilities. The Association shall maintain, replace and repair only those sewer ami <br />water lines and other utilities which (i) serve only the Common Area or (ii) are not maintained by tlic <br />City or a utility aimpany. <br />13.00 0WN1:RS' MAINTI:NANCE <br />13.01 Upkeep and Mainterumcc . Except only as such work is provided by the Association, <br />all maintenance, repair and replacement of all Office Structures, Atriums and other fixtures located <br />with a Unit shall be the .sole obligation and expense of the owner thereof (or in the case of a shared <br />Atrium, the adjoining owners), who shall maintain the same in a reasonably clean, neat, attractive <br />and safe exterior comlition and in accordance with the architectural standards established by this <br />ncclaralion. failing which the Association, on thirty (30) days* prior written notice, may (but is nol
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