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03-17-2025 - Agenda Packet Planning Commission - PC Packet
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03-17-2025 - Agenda Packet Planning Commission - PC Packet
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Agenda Packet Planning Commission
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Planning Commission
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PC Packet
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3/17/2025
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23 <br />9.2.2. To perform its maintenance obligations promptly and in such manner as <br />not to damage the Property, nor unreasonably disturb or cause a hazard to persons <br />occupying or otherwise using the Property. The Board may require that the Owners <br />perform their maintenance obligations in accordance with reasonable standards <br />established by the Board and in a manner consistent with the Declarant’s design plan for <br />the common interest community. <br /> <br />9.2.3. To promptly pay or reimburse the Association for any costs incurred by <br />the Association for the repair of any damage to the Common Elements, Limited Common <br />Elements or other Units, caused by an Owner or Tenant, or their guest, or caused by any <br />condition in the Unit or Limited Common Elements which the Owner or Tenant has <br />allowed to exist. <br /> <br />9.2.4. If an Owner fails or refuses to perform the Owner’s duty to maintain, <br />repair or replace, the Association shall have authority to undertake the necessary work <br />and assess the Owner’s Unit for the cost thereof; provided that reasonable notice and an <br />opportunity to sure the violation shall first be given to the Owner. <br /> <br />SECTION 10 <br />INSURANCE <br />10.1. Association Insurance. The Association shall obtain and maintain the following <br />insurance relating to the Property: <br /> <br />10.1.1. The Association shall, at a minimum, maintain property insurance in broad <br />form covering all risks of physical loss in an amount equal to one hundred percent of the <br />insurable “replacement cost” of the Property, less deductibles; but excluding (i) land, <br />footings, excavation and other items normally excluded from coverage, and (ii) items <br />such as ceilings or wall finishing materials, floor coverings, plumbing, lighting and other <br />interior fixtures, built-in equipment, business equipment, or any other improvement or <br />betterment installed within the Units. The policy or policies shall also cover personal <br />property owned by the Association. The policy or policies shall also contain “Inflation <br />Guard” and “Agreed Amount” endorsements, if reasonably available. The Association <br />may enter into an agreement with a Mortgagee or a guarantor, insurer or servicer of a <br />mortgage, obligating the Association to keep other coverages or endorsements in effect. <br />The Association may also enter into agreements among all Owners as to the allocation of <br />insurance proceeds among their Units. <br /> <br />10.1.2. Commercial general liability insurance covering the use, operation and <br />maintenance of the Common Elements, with minimum limits of one million dollars per <br />occurrence, against claims for death, bodily injury and property damage, and such other <br />risks as are customarily covered by such policies for projects similar in construction, <br />location and use to the Property. The policy shall contain a “severability of interest” <br />endorsement which shall preclude the insurer from denying the claim of an Owner or <br />Tenant because of negligent acts of the Association or other Owners or Tenants. <br /> <br />136
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