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202301174
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Last modified
3/13/2023 3:47:08 PM
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3/13/2023 3:45:56 PM
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DEEDS
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202301174
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2023011 74 <br />(b) The insurer waives its right to subrogation under the policy against any unit <br />owner or member of his or her household; <br />(c) No act or omission by any unit owner, unless acting within the scope of his <br />or her authority on behalf of the Association, will void the policy or be a <br />condition to recovery under the policy; and <br />(d) if, at the time of a loss under the policy there is other insurance in the name <br />of a unit owner covering the same risk covered by the policy, the <br />Association's policy provides primary Insurance. <br />$ection 3. Insurance by Unit Owners, <br />Unit owners shall not be prohibited from canyktg other insurance for his or her own benefit. <br />Insurance coverage on furnishings and other items of personal property belonging to en owner and <br />public liability coverage within each unit shall be the sole and direct responsibility of the unit owners <br />thereof, and the Executive Board and the Association shall have no responsibility thereto. <br />Section 4. Notice, <br />An insurer that has issued the insurance policy pursuant to Section 1 shall issue certificates <br />of insurance to the Association and. upon written request, to any unit owner, mortgagee or <br />beneficiary under a deed of trust. The insurer issuing the policy shall not canoe! or refuse to renew <br />it until thirty (30) days after notice of the proposed cancellation or non -renewal has been mailed to <br />the Association. each unit owner and each mortgagee or beneficiary under a deed of trust to whom <br />a certificate of insurance has been issued at their respective last -known addresses. <br />ARTICLE VII. MAINTENANCE ANp ALTEgATJONS <br />Section 1. Maintenance. <br />The unit owner shall have the obligation to maintain and keep in good repair the interior <br />surfaces of walls, ceilings, and floors (including carpeting, die, wallpaper, paint or other covering) <br />as well as all tbdures. utilities, wiring, plumbing and appliances, located within such owner's unit. <br />An owner shall not be responsible for repair to common elements by casualty, unless such casualty <br />is due to the act or negligence of the owner, his guests. invitees or tenants. Alt common element <br />maintenance. insurance, maintenance of the entry gate system and security fence. including lawn <br />maintenance and landscape care. snow removal. repairs and replacements to the general common <br />elements, shall be made by the Association and be charged to all the unit owners as a common <br />expense, unless such maintenance. repair or replacement is necessitated by the negligence, <br />misuse or neglect of a unit owner, in which case, such expense shall be charged to such unit <br />owner. The costs of insurance may, at the discretion of the Association. be assessed in proportion <br />to risk. An allocation of maintenance responsibilities Is attached hereto as Exhibit 'C' and <br />incorporated herein by this reference. Any expenses related to Outlots A, B. and C. Including <br />maintenance, repairs, and replacement shall be considered common elements. <br />Section 2. Alterations by Unit gwners, <br />No unit owner shall make any structural addition, alteration or improvement in or to his unit. <br />or the limited common elements pertaining thereto, including any exterior painting or exterior <br />alteration or addition (including awnings, grills. shutters, etc.) without the prior written consent <br />thereto of the Executive Board. The Executive Board shall have the obligation to answer any <br />written request by a unit owner for approval of a proposed structural addition, alteration or <br />improvement in such owners unit within thirty (30) days after such request. and failure to do so <br />within the stipulated time shall constitute a consent by the Executive Board to the proposed <br />addition. alteration or improvement. Any application to any governmental authority for a permit to <br />make an addition, alteration or improvement in or to any unit shall be executed by the Executive <br />Board only, without, however, incurring any liability on the pert of the Executive Board or any of <br />them to any contractor. subcontractor or materiaiman on account of such addition, alteration or <br />improvement, or to any person having any claim for injury to person or damage to property arising <br />therefrom. The provisions of this Section 2 shall not apply to units owned by the Declarant until <br />such units shall have been Initially sold by the Declarant and paid for. <br />
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