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0430 Old Crystal Bay Road North - 33-118-23-13-0016
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Garage Condos Declaration
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2/18/2026 3:43:14 PM
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approval or disapproval. If the Board and Declarant (if applicable) fail to give notice of approval or <br />disapproval within sixty days after receipt of (i) said plans and specifications and (ii) all other <br />information requested by the Board and Declarant (if applicable), then approval shall be deemed to be <br />granted; provided, that the improvements are done in accordance with the plans, specifications and <br />related information which were submitted. <br />8.2.3. If no request for approval is submitted, approval shall be deemed to be denied. <br />8.3. Remedies for Violations. The Association may undertake any measures, legal, equitable or <br />administrative, to enforce compliance with this Section and shall be entitled to recover from the Owner causing <br />or permitting the violation all attorneys' and other professional fees and costs of enforcement incurred by the <br />Association, regardless of the type of action taken (if any). Such attorneys' fees and costs shall be a lien against <br />the Owner's Unit and a personal obligation of the Owner. In addition, the Association shall have the right to <br />enter the Owner's Unit and to restore any part of a Building or Unit to its prior condition if any improvements <br />were made in violation of this Section, and the cost of such restoration shall be a personal obligation of the <br />Owner and a lien against the Owner's Unit. <br />8.4. Owner Responsibility/Indemnity. The Owner who causes an improvement to be made, <br />regardless of whether the improvement is approved by the Board, shall be responsible for the construction work <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 />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 />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 />9.1.1. The Association shall maintain garage doors, garage door hardware, openers, and <br />weather-stripping. <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 />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 />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 />
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