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202002679 <br />or promoting activities and services that the Board deems appropriate, necessary, or desirable to <br />foster or promote the common good and general welfare of the Property, Owners, and Residents; <br />(d) contracting for services to be provided to Owners and Residents; and (e) taking such other <br />action as the Board deems necessary, appropriate, or desirable for the management and <br />administration of the Association or the benefit of the Association or the Property. <br />8.11 Surplus Funds. <br />The Association shall not be obligated to spend all the Assessments and other sums <br />received by it in the year received, and may carry forward any balances remaining as surplus. The <br />Association shall not be obligated to reduce the amount of the Regular Assessment in the <br />succeeding year if a surplus exists from a prior year, and the Association may carry forward from <br />year to year such surplus as the Board may determine to be desirable for the greater financial <br />security of the Association and the accomplishment of its purposes. <br />8.12 Initial Capital Contribution. <br />Each Purchaser of a Lot from the Declarant or a Designated Builder shall pay to the <br />Association, immediately upon becoming the Owner of the Lot, a sum equal to one-fourth of the <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 of <br />Association Responsibility except for any part of the Areas of Association Responsibility that any <br />governmental entity is maintaining or is obligated to maintain. The Board shall be the sole judge <br />as to the appropriate Maintenance of all Areas of Association Responsibility, but the Areas of <br />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 the <br />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 the <br />willful or negligent act of any Owner or Resident, or their family members, guests, or invitees, <br />then the cost of such Maintenance shall be paid by such Owner to the Association upon demand <br />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 surrounding <br />Lots or other areas of the Project that are substantially affected thereby or related thereto, or in the <br />event that any portion of a Lot is being used in a manner that violates this Declaration; or in the <br />event that the Owner of any Lot is failing to perform any obligations under the Community <br />Documents, the Board may make a finding to such effect, specifying the particular condition or <br />conditions that exist, and give notice thereof to the offending Owner that unless corrective action <br />is taken within fourteen (14) days, the Board may cause such action to be taken at said Owner's <br />expense. If the requisite corrective action has not been taken at the expiration of said 14 -day period <br />of time, the Board shall be authorized and empowered to cause such action to be taken and the cost <br />Page 37 of 52 <br />