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201807442 8.11 Surplus Funds. The Association shall not be obligated to spend all the Assessments and other sums received by it in the year received, and may carry forward any balances remaining as surplus. The Association shall not be obligated to reduce the amount of the Regular Assessment in the succeeding year if a surplus exists from a prior year, and the Association may carry forward from year to year such surplus as the Board may determine to be desirable for the greater financial security of the Association and the accomplishment of its purposes. 8.12 Initial Capital Contribution. Each Purchaser of a Lot from the Declarant or a Designated Builder shall pay to the Association, immediately upon becoming the Owner of the Lot, a sum equal to one-fourth of the then -current Regular Assessment for an Assessable Lot. Funds paid to the Association pursuant to this Section may be used by the Association for payment of operating expenses or any other purpose permitted under the Community Documents. Payments made pursuant to this Section shall be nonrefundable and shall not be considered as an advance payment of any Assessments levied by the Association pursuant to this Declaration. Payments made pursuant to this Section shall be deemed a contribution to the capital of the Association. ARTICLE 9 MAINTENANCE 9.1 Areas of Association Responsibility. The Association shall be responsible for the management and Maintenance of the Areas of Association Responsibility except for any part of the Areas of Association Responsibility that any governmental entity is maintaining or is obligated to maintain. The Board shall be the sole judge as to the appropriate Maintenance of all Areas of Association Responsibility, but the Areas of Association Responsibility shall be maintained in good condition and repair at all times. No Owner, Resident, or other Person shall construct, install, alter, modify, or remove any Improvements situated on the Areas of Association Responsibility without the approval of the Board. No Owner, Resident, or other Person shall obstruct or interfere with the Association in the performance of the Association's management or Maintenance of the Areas of Association Responsibility. 9.2 Assessment of Certain Costs of Maintenance and Repair. If the need for Maintenance of an Area of Association Responsibility is caused through the willful or negligent act of any Owner or Resident, or their family members, guests, or invitees, then the cost of such Maintenance shall be paid by such Owner to the Association upon demand and payment of such amounts shall be secured by the Assessment Lien. Page 49 of 67