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02-18-2025 Planning Commission Packet
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02-18-2025 Planning Commission Packet
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2/20/2025 12:29:39 PM
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x Minutes and Agendas
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Agenda
Meeting Date
2/18/2025
Board
Planning Commission
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18 <br />and any claims, damages, losses or liabilities arising out of the improvements. The Owner shall hold harmless, <br />indemnify and defend the Association, and its officers, directors and committee members, from and against any <br />expenses, claims, damages, losses or other liabilities, including without limitation attorneys’ fees and costs of <br />litigation, arising out of (i) any improvement which violates any governmental laws, codes, ordinances or <br />regulations, (ii) the adequacy of the specifications or standards for construction of the improvements and (iii) <br />the construction of the improvements. <br /> <br />8.5. Exemptions. The requirements set forth in this Section 8 (except Section 8.5) shall not apply to <br />original construction by Declarant or its affiliates in connection with its completion and sale of the Units. <br /> <br />SECTION 9 <br />MAINTENANCE AND REPAIR <br />9.1. Association Obligations. Subject to Section 9.2, the Association shall provide for all <br />maintenance, repair or replacement (collectively referred to as “maintenance”) of the Common Elements and <br />Limited Common Elements, including any improvement thereto, subject to the following qualifications or <br />additions: <br /> <br />9.1.1. The Association shall maintain garage doors, garage door hardware, openers, and <br />weather-stripping. <br /> <br />9.1.2. The cost of maintenance, repair or replacement of part or all of a Limited Common <br />Element shall be assessed against the Unit or Units to which the Limited Common Element is allocated <br />in accordance with Section 6.4.1. <br /> <br />9.1.3. The cost of maintenance, repair or replacement of a part of the Common Elements <br />which benefits only a certain Unit or Units, may be assessed against the Unit or Units benefited in <br />accordance with Section 6.4.2. <br /> <br />9.1.4. The Association may, with the approval of a majority of Owners who have authority <br />to cast in excess of fifty percent (50%) of the total votes in the Association in person or by proxy at a <br />meeting called for such purposes, undertake to maintain, repair or replace mechanical, structural or other <br />components within the Units. <br /> <br />9.1.5. The Association may undertake to maintain, repair or replace mechanical, structural <br />or other components within the Units and assess the costs against the Unit if the failure or impairment <br />of the component could result in damage to the Common Elements. or other Units, impair the function <br />of any common Building systems, or create a health or safety hazard. <br /> <br />9.1.6. The Association shall be responsible for incidental damage caused to a Unit or its <br />Limited Common Elements by work undertaken by the Association pursuant to this Section. <br /> <br />9.1.7. If damage is caused to the Common Elements, Limited Common Elements or other <br />Units by an Owner or Tenant, or their guests, or by any condition in the Unit or Limited Common <br />Elements which the Owner or Tenant has caused or allowed to exist, then the Association may repair <br />the damage or correct the condition and assess the cost thereof against the responsible Owner’s Unit. <br /> <br />9.2. Owner Obligations. Each Owner shall, at its expense, undertake the following obligations for <br />maintenance, repair and replacement: <br /> <br />9.2.1. To maintain, repair, and replace the Owner’s Unit. The Units shall be kept in good, <br />clean and sanitary condition and repair. <br /> <br />66
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