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<br /> for routine maintenance of a Limited Common Element allocated to the Owner's �Jnit. •
<br /> However, if the Owner fails to adequately perform the maintenance, Ehe Association may
<br /> gnter the Limited Common Element and tt�e Unit, perform the maintenance, charg� the .
<br /> Owner for the cost of the maintenance, and assess the Owner's Unit for such cost. IThe
<br /> Association shall have an easement on, over, and through that Unit and the Lir#�ited
<br /> �ommon Element for purposPs of perf'erming said maintenance. �
<br /> 9_l.2 The Association shaIl be r�sponsible for �ncidental damage caused to a.
<br /> 'Unit or its Limited Common Elements hy work undertaken by ihe Association pur$uant ,
<br /> �to this Section. I
<br /> ' 9.13 If damage to the Common Elements, the Limited Common Elemen s, or
<br /> ;other Units, is caused by an Owner or such Owner's occupants, guests, or invitees, r by
<br /> �any condition in the Unit or Limited Common Elements which the Owner or Occ pant
<br /> �has caused or allowed to exist, then the Association may repair the damage or corre t the '
<br /> 'condition, charge the Owner for the cost of the maintenance, and assess the cost t ereof �
<br /> ,against the responsible Owner's Unit, as may be assigned by the Association pursu nt to
<br /> . this Section 9.1. The Association shall have an easement on, over, and through tha Unit
<br /> 'and the Limited Common Elements for the purposes of performing said rep 'r or
<br /> ,correction.
<br /> 9.1.4 Notwithstandin� the assigntnent of any maintenance obligations o an
<br /> , Owner, the Association shal( have authority to approve any maintenance which ffects
<br /> any part of the Property other than the Unit, which may impair any easement, or hich
<br /> � alters the appearance of the Property as seen from outside the Unit:
<br /> , 9.1.5 The Association also has the obligation to maintain the Common EI ents
<br /> � in accordance with that certain Declaration of Easements, Restriciions and Covena ts for
<br /> ' Stonebay recorded in the office of the County Recorder in and for Hennepin C unty,
<br /> � Minnesota, on July 29, 2004,as Document No. 8406752. Pursuant to that Declara ion of
<br /> Easements, Restrictions and Covenants, the Association has the obligation to m intain
<br /> ' those unpaved p�rtions of Kelley Parkway lying within the Common Elements.
<br /> , 9.2 Optional Maintenance bv Association. In addition to the maintenance de cribed
<br /> in Se¢tion 9.1 the Association may, with the appraval of a majority of votes cast in perso or by
<br /> proxy at a meeting called for such purposes, or by written baIlot, undertake to rovide
<br /> maintenance to parts of the Units.
<br /> � 9.3 Costs of Maintenance bv Association. All maintenance performed y the .
<br /> AssoCiation under this Section 9 shall be funded by annual Assessments or, if necessary, pecial
<br /> Asse�sments, unless otherwise provided in this Section 9. Notwithstanding the foregoi g, the
<br /> Asso�iation reserves the right to levy and allocate the cost of any maintenance performe under
<br /> this Section 9 to one or more than one Unit, pursuant to Section 6.4.
<br /> , 9•4 Owner ResponsibilitY. The Owner shall, at the Owner's expense, be resp nsible
<br /> for rriaintenance, repair, and replacement as follows: .
<br /> MPLS-NJard 95281.I I 22
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