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i E . <br />; for routine maintenance of a Limited Common Element allocated to the Owner's Unit. � <br /> However,if the Owner fails to adequately perform the maintenance, the Association may <br />` enter the Limited Common Element and tke Unit, perform the maintenance, charge the . <br />� Owner for the cost of the maintenance, and assess the Owner's Unit for such cost. The� <br />� <br />, Association shall have an easement on, over, and through that Unit and the Limited <br />; ��mmon Element for purpeses of performing said maintenance. • <br />� 4.12 The Association shall be responsible for incidental damage caused to a. <br />' Unit or its Limited Common Elements by work undertaken by the Association pursuant <br /> to this Section. � <br /> 9.[.3 [f damage to the Common Elements, the Cimited Comrnon Elements, or <br /> other Units, is caused by an Owner or such Owner's occupants, guests, or invitees, or by <br />� any condition in the Unit or Limited Common Elements which the Owner or Occupant <br /> has caused or allowed to exist,then the Association may repair the damage or correct the ' <br /> condition, charge the Owner for the cost of the maintenance, and assess the cost thereof � <br /> against the responsible Owner's Unit, as may be assigned by the Association pursuant to <br /> . this Section 9.1_ The Association shall have an easement on, over,and through that Unit <br />� and the Limited Common Elements for the purposes of performing said repair or <br />� correction. <br />� <br /> 9.1.4 Notwithstanding the assignrnent of any maintenance obligations to an <br /> Owner, the Association shall have authority to approve any maintenance which affects <br /> any part of the Property other than the Unit, which may impair any easement, or which <br /> aiters the appearance of the Property as seen from outside the Unit: <br /> 9.1.5 Tt�e Association also has ihe obligation to maintain the Common Elements <br /> in accordance with that certain Declaration of Easements, Restrictions and Covenants for . <br /> Stonebay recorded in the office of the County Recorder in and for Henr�epin County, <br /> Minnesota, on July 29, 2004,as Document No. 8406752. Pursuant to that Declaration of <br /> Easements, Restrictions and Cavenants, the Association has the obligation to maintain <br /> those unpaved portions of Kelley Parkway lying within the Cotnmon Elements. <br /> 9.2 Optional Maintenance bv Association. In addition to the maintenance described <br /> in Section 9.1 the Association may, with the approval of a majority of votes cast in person or by <br /> proxy at a meeting called for such purposes, or by written batlot, undertake to provide <br /> maintenance to parts of the Units. <br /> 9.3 Costs of Maintenance bv Association. All maintenance performed by the . <br /> Association under this Section 9 shall be funded by annual.Assessments or, if necessary, specia] <br /> Assessments, unless otherwise provided in this Section 9. Notwithstanding the foregoing, the <br /> Association reserves the right to levy and allocate the cost of any maintenance performed under <br /> this Section 9 to one or more than one Unit, pursuant to Section 6.4. <br /> 9.4 Owner Resgonsibility. The Owner shall, at the Qwner's expense, be responsible <br /> for maintenance, repair, and repiacernent as follows: . <br /> MPLS-Ward 95281.11 22 <br />