By the Association. Salaries and Fringe Benefits Two (2) additional articles
By the Association. A. The Association, at its expense, shall be responsible for the operation, maintenance, repair and replacementof all of the Improvements and facilities located over, through and upon the Association Property (except public utilities and Community Systems, to the extent same have not been made Association Property). Should any incidental damage be caused to any Home by virtue of the Association's failure to maintain the Association Property as herein required or by virtue of any work which may be performed or caused to be performed by the Association in the maintenance, repair or replacement of any Association Property,the Association shall, at its expense, repair such incidental damage. The Association shall not, however, be responsible for any loss of use, any hardship, an Owner's time or any other consequential or punitive damages.
B. The Association shall operate, maintain, repair and replace the irrigation system constructed over, through and upon the Association Property (or any portions thereof) as it shall deem appropriate. Except as provided in Section 2.B of this Article IX,the Association shall be responsible for the costs of operation, maintenance, repair and replacement of the irrigation system in connection with the Association Property, including any monthly fees and other costs of water and/or electric usage, if any. There is hereby reserved in favor of the Association the right to enter upon the Association Property and any and all Lots for the purpose of operating, maintaining, repairing and replacing the irrigation system over, through and upon the Association Property within the Property. In accordance with the provisions of this Declaration, the Association shall operate, maintain and repair the Surface Water or Stormwater ManagementSystem constructed over, through and upon the Property. Such maintenance of the Surface Water or Stormwater Management System shall mean the exercise of practices which allow the systems to provide drainage, water storage, conveyance, or other surface water or stormwater management capabilitiesas permitted by District. Any repair or constructionof the Surface Water or Stormwater Management System shall be as permitted or, if modified, as approved by the District. There is hereby reserved in favor of the Association the right to enter upon the Association Property and the Lots for the purpose of operating, maintaining, repairing, and replacing the Surface Water or Stormwater Management System over, through a...
By the Association. THE ASSOCIATION agrees to defend, hold ------------------ harmless, and indemnify NMS from any claims, liabilities, damages or judgments asserted against, imposed upon or incurred by NMS that arise out of THE ASSOCIATION's negligence, intentional wrongdoing, or breach of its responsibilities under this Agreement. The indemnification granted under this Section 7.2.2 expressly includes indemnification with respect to expense costs, legal fees, defense costs, fines, penalties, court costs, or amounts paid in settlement or in satisfaction of any judgment or award.
By the Association. The Association shall maintain, repair and replace all of the following, the costs of which are a part of the Common Expenses:
(1) All Common Elements;
(2) All portions of the Condominium Units (except interior wall surfaces) contributing to the support of the Building, which portions shall include, but not be limited to, load bearing columns and walls;
(3) All Common Elements including but not limited to conduits, ducts, plumbing, wiring and other facilities for the furnishing of Utility services that are contained in the portions of the Condominium Unit contributing to the support of the Building or within the interior boundary walls and all such facilities contained within a Condominium Unit that service part or parts of the Condominium other than the Unit within which it is contained;
(4) All exterior windows of Units; and
(5) All incidental damage caused to a Condominium Unit by such work shall be promptly repaired or replaced at the expense of the Association.
By the Association. Notice of the subject matter of a proposed amendment shall be included in the notice of any meeting at which a proposed amendment is to be considered. A resolution for the adoption of a proposed amendment may be proposed by a majority of the Board of Directors of the Association or by not less than one-third (1/3) of the Unit Owners. Except as elsewhere provided, approvals must be by an affirmative vote representing in excess of ninety percent (90%) of the voting interests of all Unit Owners. Directors and members not present in person or by proxy at the meeting considering the amendment may express their approval or disapproval in writing, provided that such approval is delivered to the secretary at or prior to the meeting; however, such approval or disapproval may not be used as a vote for or against the action taken and may not be used for the purpose of creating a quorum.
By the Association. The Association shall maintain, repair and replace:
(i) All portions of the Unrestricted Common Area, not included within a Unit. All such repair shall be at the Association’s expense except as hereinafter set forth.
(ii) All conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility services which are maintained by the Association, and all such facilities contained within a Unit which service part or parts of the Condominium other than the Unit within which contained.
(iii) All incidental damage caused to a Unit by such work shall be promptly repaired at the expense of the Association.
By the Association. Notice of the subject matter of a proposed amendment shall be included in the notice of any meeting at which a proposed amendment is to be considered. A resolution for the adoption of a proposed amendment may be proposed either by a majority of the Board of Directors of the Association or by not less than one-third (1/3) of the Unit Owners of the Association. Directors and members not present in person or by proxy at the meeting considering the amendment may express their approval in writing, provided that such approval is delivered to the Secretary at or prior to the meeting. Except as elsewhere provided, approvals must be by an affirmative vote of (a) Unit Owners of not less than 66-2/3% of the Units in the Condominium and by not less than 66-2/3% of the Board of Directors of the Association; or (b) Unit Owners of not less than 75% of the Units in the Condominium. 80CiREA1ES11200788.2 29466f0032
By the Association. Whenever in the judgment of the Board of Directors, the Common Elements or the Association Property, or any part of either, shall require capital additions, alterations or improvements (as distinguished from repairs and BOC1IREALEST1200788.2 29466/0032 D12
By the Association. Notice of the subject matter of a proposed amendment shall be included in the notice of any meeting at which the proposed amendment is to be considered. An amendment may be proposed either by a majority of the Board of Directors of the Association or by not less than one-third (1/3) of the members of the Association. Except as elsewhere provided, approvals of proposed amendments must be by affirmative vote of Unit Owners owning in excess of 75% of the Units. Directors and members not present in person or by proxy at the meeting considering the amendment may express their approval in writing, provided that such approval is delivered to the secretary at or prior to the meeting. Notwithstanding anything to the contrary contained herein, the Association reserves the right to amend this Declaration and the Exhibits annexed hereto so as to correct any errors or omissions not materially and adversely affecting the rights of Unit Owners. Amendments enacted to correct errors or omissions may be approved by a majority of the Board of Directors of the Association.
By the Association. (a) The Association shall maintain and keep in good repair as a Common Expense (i) all Common Elements, including any Limited Common Elements (except as otherwise expressly provided for herein); (ii) periodic cleaning and/or painting and/or staining of exterior surfaces of the Condominium building and of exterior doors and door frames, as determined appropriate by the Board of Directors; and
