ARTICLE XIII
OWNERS’ MAINTENANCE OBLIGATIONS
It is the obligation of each Owner to maintain his/her Lot at all times in order to preserve and enhance the enjoyment of the Subdivision:
13.1 Duty to Maintain. It is the obligation of the Owner of each Lot to maintain his/her Lot and the Improvement to the Lot in a good state of repair and an attractive, safe and healthy condition.
13.2 Repair by Association. In the event that an Owner permits his/her Lot or Improvements to fall into a state of disrepair that is dangerous, unsafe, unsanitary, or unsightly condition in violation of this Declaration, the Association may give notice by electronic email to the Owner describing the condition complained of and demanding that the Owner correct the condition within thirty (30) days. If the Owner fails to take corrective action, the Association shall have the right, but not the obligation, to enter upon the offending Owner’s Lot and take corrective action to abate the condition. All costs of abatement shall be charged to the owner, who agrees to promptly pay the reasonable costs of any work performed under this provision. Unpaid amounts will bear interest at the lawful judgment rate under applicable state law.
13.3 Alterations of Exterior Appearance. Refer to checklist of approved materials and colors. (Article XI)
13.4 Repair Following Damage. In the event of casualty loss or damage to the Improvements, the Owner will be entitled to reconstruct the Improvements as they existed prior to the damage or loss without review by the Board of Trustees; provided however, alteration or deviations from the originally approved plans will require review. Nothing in this Declaration is intended to prevent an Owner who has suffered property damage or loss from taking temporary measures to secure the property and prevent further damage, or to prevent injury or dangerous conditions following loss or damage, before re-construction begins. Such temporary measures may be taken without the consent or approval of the Board of Trustees, provided that any such measure must be of a temporary nature, and repair or reconstruction must begin as soon as circumstances will permit. No damaged structure will be permitted to remain on any Lot for more than ninety (90) days without repair commencing, and any damaged structure, which does remain un-repaired after ninety (90) days following the occurrence of damage, is deemed a nuisance, which may be abated by the Association at the expense of the Owner.