DECLARATION
XII. MAINTENANCE, ALTERATION, AND IMPROVEMENT:
Responsibility for the maintenance of the condominium and
restrictions upon the alteration and improvements shall be as follows:
(1) By the Association: The Association shall maintain, repair and replace all
portions of the Common Areas at the Association's expense.
(2) By the Unit Owner: The Unit Owner shall maintain, repair, and replace all
portions of his individual Unit and the Limited Common Area which goes with said Unit. In
the event this is not done within 30 days of written notice by the Association to
undertake such repairs, the Association may undertake the repair, assess the Unit Owner,
and invoke a lien against the common Unit Owners, or Owner, in proportion to their
interest as determined by the Board of Directors.
(3) Unit Alteration and Improvement: There shall be no change in the exterior
design or color scheme of any Unit without the written consent of the Association.
(4) Common Areas, Alteration and Improvement: After completion of the
improvements included in the Common Areas which are contemplated by this Declaration,
there shall be no alteration nor further improvement of the Common Areas without prior
approval in writing by the record owners of all the Units; provided, however, that any
alteration or improvement of the Common Areas bearing the approval in writing of fifty
percent or more but less than seventy-five percent of the Unit Owners, which does not
interfere with the rights of any Owners without their consent, may be done if the Owners
who do not approve are relieved from the cost thereof. The share of any cost not so
assessed shall be assessed to the other Unit Owners in the shares which their shares in
the Common Areas bear to each other. After the Declarant has sold all of his Units,
seventy five percent or more of the Unit Owners may agree to make improvements in the
Common Areas and facilities and assess the cost thereof to all Unit Owners as a common
expense, but if such improvement shall cost in excess of ten percent of the value of the
condominium, may purchase of the dissenting Unit holder's interest at the fair market
value thereof as approved by Arbitration under Article XVII of the fly-Laws. The cost of
any such purchase shall be a common expense. This provision is also subject to the
Declarant's rights in Article VI Section 7 of By-laws.
