EditARTICLE 7 MAINTENANCE
7.1 Maintenance of Areas of Association Responsibility. The Association, or its duly designated representatives, without any approval of the Owners or First Mortgagees being required, shall undertake all of the following for the benefit of the Project and its Owners and Residents:
7.1.1 Maintain, reconstruct, repair, replace, or refinish in accordance with the standards of the Project and community as a whole any Improvements on the Common Area or in an Area of Association Responsibility (including any Project perimeter wall regardless of whether located on a portion of a Lot or Common Area) to the extent that such work is not being done by a governmental entity, if any, responsible for such maintenance or upkeep.
7.1.2 Maintain and replace all landscaping and plantings in the Common Area, in public rights-of-way and public utility easement areas to the extent the Board deems reasonably necessary for the conservation of water and soil, to replace damaged or injured trees, and for aesthetic purposes; to the extent the Board deems necessary for the conservation of water and soil, to replace damaged or injured trees, and for aesthetic purposes; provided, however, that the Board shall not vary the landscape plan installed by the Declarant and approved by the City without the prior written approval of the City.
7.1.3 Place and maintain upon the Common Area such signs as the Board may deem appropriate for the proper identification, use and regulation thereof.
7.1.4 Do all such other and further acts which the Board deems necessary to preserve and protect the Common Area and other Areas of Association Responsibility and the appearance thereof, in accordance with the Project Documents. Zl.5 The City is not responsible for and will not accept maintenance of any private utilities, streets, facilities, and landscaped areas within this Project.
7.2 Maintenance of Lots by Owners. 7.2.1 Each Owner of a Lot shall be responsible for maintaining, repairing or replacing his Lot, and/or all Improvements thereon, as applicable, except for any Areas of Association Responsibility established in accordance with this Declaration, subject to the further provisions of Section 4.7 concerning UBE’s. All such Improvements shall be kept in good condition and repair. Each Owner shall irrigate, mow, trim and/or cut, as appropriate, all Public Yard landscaping at regular intervals so as to be maintained in a neat and attractive manner. Any such landscaping which dies shall be promptly removed and replaced with living foliage of like kind unless different foliage is approved in writing by the Board. No yard equipment, wood piles or storage areas may be maintained so as to be Visible from Neighboring Property. Any Lots without Residential Dwellings thereon shall be maintained in a weed free manner.
7.2.2 Without limiting the provisions of Section 7.2.1 above, each Owner shall be responsible for maintenance of the exterior surfaces, the roof and foundation, and all exterior doors and windows, of his Residential Dwelling and driveway areas on his Lot, and repairing all damage thereto regardless of whether due to age, weathering, ordinary wear and tear, acts of God, or willful or accidental damage. Such maintenance shall include periodic painting of the Residential Dwelling exterior in accordance with the color scheme established by the Board from time to time. No Owner, Resident or other Person may paint the exterior surfaces of any Residential Dwelling or make any Modifications to the exterior color scheme of any Residential Dwelling without the prior written approval of the Board. The type of paint to be used in painting the exterior surfaces of the Residential Dwellings and the timing and frequency of such painting of exterior surfaces shall be in the sole discretion of the Board and in accordance with the Association Rules. All paint colors used shall be approved in advance by the Board in accordance with ARTICLE 3 above.
7.3 Assessment of Certain Costs of Maintenance and Repair. In the event that the need for maintenance, repair or replacement of Common Area or other Area of Association Responsibility is caused through the willful or negligent act of any Owner or Resident of a Lot, or their Invitees or animals for whom the Owner or Resident is legally responsible under Arizona law, the Association shall cause the maintenance, repairs or replacement to be performed and the cost of such work shall be paid by the Owner of the Lot to the Association upon demand as an Enforcement Assessment to the extent the Owner is liable under Arizona law.
7.4 Improper Maintenance and Use of Lots. In the event any portion of a Lot is so maintained as to present a public or private nuisance, or as to substantially detract from the appearance or quality of the surrounding Lots or other areas of the Project which are substantially affected thereby or related thereto, or in the event any portion of a Lot is being used in any manner which violates the Project Documents, or in the event an Owner or any Resident of any Owner's Lot is failing to perform any obligations under the Project Documents, the Board may make a finding to that effect. The Board shall specify the particular condition or conditions which exist, and pursuant thereto, give notice of such findings to the offending Owner that unless corrective action is taken within 30 days, the Board may cause such action to be taken at said Owner's expense. If, at the expiration of said 30 day period, the requisite action has not been taken, the Board shall be authorized and empowered to cause such action to be taken and the cost thereof shall be paid by such Owner to the Association upon demand as an Enforcement Assessment regardless of whether such costs were caused by the Owner directly or any other Resident of the Lot.
7.5 Boundary Walls. Each wall or fence which is located between two Lots shall constitute a boundary wall ("Boundary Wall’') and, to the extent not inconsistent with this Section 7.5, the general rules of law regarding Boundary or "party" Walls shall apply. In the case of Lots subject to a UBE, a Boundary Wall will be offset from the Lot line by 3 feet and a portion of the Boundary Wall will be comprised of the wall of the Residential Dwelling on the adjacent Easement Lot. The Owners or Residents of contiguous Lots who share a Boundary Wall shall both equally have the right to use such wall provided that such use by one Owner or Resident does not interfere with the use and enjoyment of the same by the other Owner or Resident. In the event that any Boundary Wall is damaged or destroyed through the act of an Owner or Resident of a Lot, or their contractors, agents, guests, invitees, licensees or animals, it shall be the obligation of the Lot Owner to rebuild and repair the Boundary Wall without cost to the other Owner of the adjoining Lot sharing the Boundary Wall. In the event any such Boundary Wall is damaged or destroyed by some other cause (including ordinary wear and tear and deterioration through lapse of time), then, in such event, both adjoining Owners shall proceed forthwith to rebuild or repair the same to as good condition as formerly existed at their joint and equal expense. The right of an Owner to contribution from any other Owner under this Section 7.5 shall be appurtenant to the land and shall pass to such Owner's successors in title. In addition to meeting the other requirements of this Declaration and of any other building code or similar regulations or ordinances, any Owner proposing to modify, make additions to or rebuild a Boundary Wall shall first obtain the written consent of the adjoining Owner and the Board. In the event any Boundary Wall encroaches upon a Lot, pursuant to the provisions of Sections 4.6 and 4.7, a valid easement for such encroachment and for the maintenance of the Boundary Wall shall and does exist in favor of the Owners of the Lots which share the Boundary Wall. To the extent necessary for an Owner to construct Improvements in the Private Yard of his Lot, an Owner may remove all or part of a Boundary Wall other than a portion of a Boundary Wall comprising part of a Residential Dwelling, provided the Owner gives reasonable notice to the adjoining Owners and Residents that all or part of the Boundary Wall will be removed and the Owner desiring to temporarily remove a portion of the wall makes appropriate arrangements (including the erection of a temporary fence or barrier) or pays appropriate compensation for the protection of children and pets on the adjoining Lot. Any Owner removing all or part of a Boundary Wall pursuant to this Section 7.5 shall rebuild and restore the Boundary Wall to its prior condition at such Owner's sole cost and expense within a reasonable time after entry through the Boundary Wall is no longer necessary in connection with the construction of Improvements.
7.6 Maintenance of Walls Other than Boundary Walls. Walls or fences (other than Boundary Walls as described in Section 7.5 above) located on a Lot shall be maintained, repaired and replaced by an Owner of the Lot. Any wall which is placed on the boundary line between a Lot and the Common Area shall be maintained, repaired and replaced by the Owner of the Lot, except that the Association shall be responsible for the repair and maintenance of the side of the wall which faces the Common Area. In the event any such wall encroaches upon the Common Area or a Lot, an easement for such encroachment shall exist in favor of the Association or the Owner as the case may be, pursuant to Section4.6 above. Any wall which is placed on the boundary line between a Lot and public right-of-way (including all Project perimeter walls) shall be maintained, repaired and replaced by the Association, except that the Owner of the Lot shall be responsible for the repair, painting and stuccoing or retexturing of the surface of the wall which faces the Private Yard or interior of the Lot and is Not Visible from Neighboring Property. To the extent necessary for an Owner to construct Improvements in the Private Yard of his Lot, an Owner may remove all or part of a wall separating his Lot from Common Area or public right-of-way with the prior written consent of the Board and the City, as applicable. Such approval may be conditioned on the erection of a temporary fence or barrier.
7.7 Payment of Utility Charges. Each Residential Dwelling shall be separately metered for water, sewer, electrical and cable TV service, and all charges for such service to the Residential Dwellings shall be the sole obligation and responsibility of the Owner of each Lot, subject to the Board's right to enter into bulk service agreements and to elect to make the cost of any such agreement a Common Expense pursuant to Section 5.13.2. All bills for water, sewer and electrical service to the Common Area shall be billed to the Association, and the Association shall be responsible for the payment of such charges as a Common Expense to be included in the budget of the Association.