ARTICLE VII Maintenance
 
Section 7.1 Association Obligation. The Association shall be obligated to maintain, repair and replace the Common Areas in as good or better condition as when they were first installed. Without limiting the generality of the foregoing, the Association shall maintain, repair and replace the roadways, gate, gatehouse, entry monuments and associated landscaping, storm drainage system, community drain fields, off-site street trees and landscaping, street lights as shown on the plat map, dock, boat launch:, Lodge, and landscaping on all Common Areas. All expenses incurred in performing this work shall be paid for by the Association and become part of the assessments described above. The expenses associated with community drain fields shall be a specific assessment, charged only against those Lots served by the drain field, as specified more particularly in Section 7.3(b). However, any work required as the result of the negligent or intentional act or omission of any Owner or his or her guests, family or tenants shall be paid for exclusively by such Owner and shall become part of the specific assessments levied against the Lot owned by such Owner.
 
Section 7.2 Owners' Obligation. Each Owner shall have the obligation to maintain his/her Lot, any building or improvements located on the Lot and all landscaping to standards appropriate for a first-class residential community. If the Owner of any Lot fails to so maintain the Lot, buildings, and other improvements to those standards, the Association, after approval by two-thirds (2/3) vote of the Board, shall have the right, through its agents and employees, to enter upon the Lot and to clean, repair, maintain, and restore the Lot and the exterior of the buildings and other improvements; provided, however, that any alteration or demolition of constructed improvements may only take place after judicial proceedings are instituted. The cost of such exterior maintenance and all court costs and attorney's fees incurred in enforcing this provision shall be added to and become part of the assessments for such Lot, fully subject to the remedial provisions set forth in Article VI.
 
Section 7.3 On-Site Septic Systems. Responsibility for individual systems is set forth in section (a) below. The three community septic systems, including tanks, pumps, pipes, and drain fields (Septic Systems), each serving more than one Lot or dwelling unit, shall be inspected, monitored, pumped, maintained, repaired and replaced by the Association, for the benefit of the Lot Owners, pursuant to sections (b) through (g) below.
  1. Individual Systems. Lots 1D through 27D and Lots 10C through 15C each have a separate individual drain field located either on the Lot or on another Lot where the soils are more suitable, as shown on the as-built described in (d) below. As to those Lots, the Lot Owners shall maintain, repair and replace the septic tanks, pumps, pipes, and drain fields. The costs of such work shall be the responsibility of the individual Lot owner.

  2. Community Systems. The balance of the Lots are served by three separate community systems, located on Tract E for the benefit of Lots 1A through 8A, on Tract E for the benefit of Lots 1C, 2C, the Lodge and Lot 9A, and on Tract E for the benefit of Lots 3C through 9C and Lots 1B and 2B, as shown on the as-built described in (d) below. The Association shall maintain, repair and replace the community septic tanks, pumps, pipes, and drain fields. The cost of such work shall be charged by the Association to the Owners of those Lots served by each community systems, proportionately, as a part of their annual, special, or specific assessments as appropriate.

  3. Operation and Maintenance Manual and Permit. The Association shall maintain the Septic Systems pursuant to the Operation and Maintenance Manual dated the 4th day of June, 1999, prepared by Dave Ray & Associates, and the most current Operation and Maintenance Permit issued by the Tacoma-Pierce County Health Department. The Manual and the Permit may be revised from time to time as required by state or local laws or regulations; provided, however that the Association shall maintain a valid Permit with the Tacoma-Pierce County Health Department. The Manual, and any amendments, shall be made available for inspections by the Owners, together with all other Association documents.

  4. Annual Reporting to the Health Department. The Association shall provide the Tacoma-Pierce County Health Department with annual reports on the status of implementing the Manual, any required changes to the Manual, together with any required reporting under the Permit. The as-built drawing shall be made available for inspection by the Owners, together with all other Association documents,

  5. Contract for Maintenance Work. The Association shall fulfill its inspections and maintenance obligations under this section by entering into a contract with a company or entity that is licensed and bonded to perform such work, and which is approved by the Tacoma-Pierce County Health Department, or such other governmental entity with jurisdiction

  6. Payment for Charges. Upon receiving a bill for services for the three community septic systems, the Association shall bill the Owners of those Lots utilized by each community system, proportionately, as a specific assessment.

  7. Future Public Sewers. If a public entity provides sanitary sewer service in the future, any charges or improvements with respect to individual Lots shall be the responsibility of the individual Lot Owners. Any charges or improvements with respect to streets (Tract G), community drain field (Tract E), or any other Common Areas shall be the responsibility of the Association, chargeable to the Lots served as a specific assessment. Nothing in this Declaration should be interpreted to impose or accept any greater responsibility on the Owners or Association than would be charged to any other person served by the public entity.
Section 7.4 Landscaping and Related Improvements. The Association shall maintain and trim all street tees, grass and irrigation system installed, including the installations along both sides of Boundary Street and along the Portland Street right-of-way. The Association shall also maintain the fence installed along the perimeter of the plat.