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Page 49 of 68 <br />201309222 <br />then - current Regular Assessment for an Assessable Lot. Funds paid to the Association pursuant <br />to this Section may be used by the Association for payment of operating expenses or any other <br />purpose permitted under the Community Documents. Payments made pursuant to this Section <br />shall be nonrefundable and shall not be considered as an advance payment of any Assessments <br />levied by the Association pursuant to this Declaration. Payments made pursuant to this Section <br />shall be deemed a contribution to the capital of the Association. <br />ARTICLE 9 <br />MAINTENANCE <br />9.1 Areas of Association Responsibility. <br />The Association shall be responsible for the management and Maintenance of the Areas <br />of Association Responsibility except for any part of the Areas of Association Responsibility that <br />any governmental entity is maintaining or is obligated to maintain. The Board shall be the sole <br />judge as to the appropriate Maintenance of all Areas of Association Responsibility, but the Areas <br />of Association Responsibility shall be maintained in good condition and repair at all times. <br />No Owner, Resident, or other Person shall construct, install, alter, modify, or remove any <br />Improvements situated on the Areas of Association Responsibility without the approval of the <br />Board. No Owner, Resident, or other Person shall obstruct or interfere with the Association in <br />the performance of the Association's management or Maintenance of the Areas of Association <br />Responsibility, <br />9.2 Assessment of Certain Costs of Maintenance and Repair. <br />If the need for Maintenance of an Area of Association Responsibility is caused through <br />the willful or negligent act of any Owner or Resident, or their family members, guests, or <br />invitees, then the cost of such Maintenance shall be paid by such Owner to the Association upon <br />demand and payment of such amounts shall be secured by the Assessment Lien. <br />9.3 Improper Maintenance and Use of Lots. <br />In the event that any portion of any Lot is improperly maintained so as to present a public <br />or private nuisance, or as to substantially detract from the appearance or quality of the <br />surrounding Lots or other areas of the Project that are substantially affected thereby or related <br />thereto, or in the event that any portion of a Lot is being used in a manner that violates this <br />Declaration; or in the event that the Owner of any Lot is failing to perform any obligations under <br />the Community Documents, the Board may make a finding to such effect, specifying the <br />particular condition or conditions that exist, and give notice thereof to the offending Owner that <br />unless corrective action is taken within fourteen (14) days, the Board may cause such action to <br />be taken at said Owner's expense. If the requisite corrective action has not been taken at the <br />expiration of said 14 -day period of time, the Board shall be authorized and empowered to cause <br />such action to be taken and the cost thereof shall be paid by the Owner to the Association upon <br />demand, and payment of such amounts shall be secured by the Assessment Lien. <br />