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I understand that certain costs are considered Owner Responsibility and certain costs are considered HOA Responsibility. How is responsibility determined concerning repairs for water leaks?
This determination is covered in the covenants under Maintenance:
Section 1. Association Responsibility. The Association shall maintain and keep in good repair the Common Area *, such maintenance to be funded as hereinafter provided. This maintenance shall include, but not be limited to, maintenance, repair, and replacement, subject to any insurance then in effect, of all landscaping and other flora, structures, and improvements situated upon the Common area *.
Section 2. Owner’s Responsibility. Subject to Article X hereof, the maintenance responsibility of an Owner or of an owner of Commercial Space shall be as follows:
(a) All maintenance of Lots ** or Camping Units, unless specifically identified hereunder or in a Supplemental Declaration or other applicable Declaration of Covenants as being the responsibility of the Association or another party or entity, shall be the responsibility of the Owners of such Lot ** or Camping Unit.
(b) In the event the Board of Directors of the Association determines that (i) any owner or Owner of Commercial Space has failed or refuses to discharge properly his or her obligations with regard to the maintenance, repair, or replacement of items for which he or she is responsible hereunder; or (ii) that the need for maintenance, repair, or replacement which is the responsibility of the Association hereunder is caused through the willful or negligent act of an Owners, an owner of Commercial Space, his or her family, guests, lessees, or invites, the Association, except in the event of an emergency situation, shall give the Owner or owner of Commercial Space written notice of the Association’s intent to provide such necessary maintenance, repair, or replacement deemed necessary and the cost thereof. The noticed party shall have fifteen (15) days within which to pay such amount claimed; or, in the event such maintenance or repair is to the Owner’s Camping Unit, Lot or commercial space complete said maintenance, repair, or replacement; or, in the event that such maintenance, repair, or replacement is not capable of completion within said fifteen (15) day period, to commence such work which shall be completed within a reasonable time. If any owner or owner of Commercial Space does not comply with the provisions hereof, the Association may provide any such maintenance, repair, or replacement at such person’s sole cost and expense, and the cost shall be added to and become a lien against the Lot or Commercial Space of such party.
* “Common Area” shall be all real and personal property now or hereafter owned by the Association for the common use and enjoyment of the owners.
** “Lot” shall mean a platted portion of the Properties, other than the Common Area, intended for independent use or ownership. Lot shall be shown on the plats of survey filed with this Declaration or amendments thereof or may be further described in any other Declaration or any portion of the Properties. The term “Lot” shall not include an individual timeshare or fragmented ownership interest of an accommodation, the term “Lot” encompassing the entire accommodation, and not any ownership interest therein existing.
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