9.1 Association Responsibility for Maintaining Common Elements. The Association is responsible for maintaining, repairing and replacing as necessary all Common Elements and Improvements thereon and all expenses related thereto shall be Common Expenses.

 

9.2 Use of Common Elements. Except as otherwise provided herein, each Owner shall have the right to use the Common Elements in common with all other Owners. The right to use the Common Elements extends not only to each Owner, but also to such Owner's agents, servants, tenants, family members, invitees, and licensees. The right to use the Common Elements shall be governed by the provisions of the Governing Documents. The right to use the Common Area private roads includes the right to use such roads to access adjoining public roads. Common drives, walks, corridors, stairways and other general Common Elements shall be used exclusively for normal transit and no obstructions and/or decorations or other items shall be placed thereon or therein except by express written consent of the Board. The Board reserves the right to limit access to those portions of the Common Areas which, in the opinion of the Board, are dangerous; to charge reasonable admission and other fees for the use of any recreational facility situated upon any Common Area; and limit the number of guests of Owners.

 

9.3 Repair of Damaged Improvements in Common Elements. Any damage to Common Elements or Improvements thereon, including landscape plantings, sprinkler systems, fences, etc., if any, by the Owner, Owner's agents, servants, tenants, family members, invitees, and licensees shall be repaired by the Association and the responsible Owner will be obliged to immediately remit funds for the repair. If the Owner fails to promptly make payment for such repairs, the payment due shall be treated as a late Assessment and the Owner shall be subject to the late payment and lien provisions described in Sections 6.18 and 6.20 and as otherwise set forth in this Declaration.

 

9.4 Alteration of the Common Elements. Nothing shall be altered, or constructed in, or removed from the Common Elements, including fences and landscaping, except by the Declarant or the Association. No Structures, vehicle parking, storage of vehicles or storage of materials shall be allowed in Common Elements, except for on-street parking, subject to Association Rules.

 

9.5 Fences, Landscaping, Etc. To the extent deemed advisable by the Board, the Association may pay for the cost of constructing, maintaining, repairing and replacing: perimeter and interior fences, if any; and landscaping and improvements on Easements, if any, which are located on or across Lots; provided, the Board at its option may require a Lot Owner at the Owner's expense to maintain, repair and replace such fences, landscaping and improvements as are adjacent to such Owner's Lot. All such perimeter and interior fences shall be constructed, maintained, repaired and replaced in accordance with the Common Fence Design Standards contained in attached Exhibit B.

 

9.6 Dumping in Common. Elements. No trash, plant or grass clippings or other debris of any kind shall be dumped, deposited or placed on or within the Common Elements.

 

9.7 Management. Each Owner expressly covenants that the Association and/or the Declarant, during the Development Period, may delegate all or any portion of their management authority to a managing agent, manager or officer of the Association and may enter into such management contracts or other service contracts to provide for maintenance and the operation of Common Elements and any portion thereof. Any management agreement or employment agreement for the maintenance or management of the Common Elements or any portion thereof shall be terminable by the Association without cause and without payment of penalty upon ninety days' written notice thereof; the term of any such agreement shall not exceed one year, renewable by agreement of the parties for successive one-year periods. Each Owner is bound to observe the terms and conditions of any such management agreement or employment contract, all of which shall be made available for inspection by any Owner on request.