Article VII, Maintenance Responsibilities

7.01 - Responsibilities of Unit Owners.
Each Unit Owner is responsible to perform all of the maintenance, repairs and replacements that may be required within the boundaries of his own Unit, at his own expense, and in accordance with the requirements of this Master Deed and the By-Laws and any Rules and Regulations of the Association. Unit Owners are responsible for all of the following when same are located within the boundaries of their Units as set forth in Section 3.01 herein: plumbing fixtures, plumbing systems, windows, doors, foyers, stairwells, storage areas, electrical wiring, electrical receptacles, appliances, equipment, lighting fixtures, wallpaper, paint, paneling, floor coverings, draperies, curtains, window shades and any other items that are within the boundaries of their Units as set forth in Sections 3.01 and 3.02 herein.

In addition, each Unit Owner shall be responsible to perform all of the maintenance, repairs and replacements that may be required for parts of his Unit which are not located within the boundaries of his Unit as set forth in Section 3.01 when the following conditions are met:

1. the part of the Unit is accessible without a breaking or intrusion into the Common Elements or any other Unit: and
2. the part of the Unit is not functionally connected with a Common Element or a component of an integrated system which serves more than one Unit.

Parts of a Unit meeting these conditions include, but are not limited to, the heat pumps or HVAC units located on concrete pads upon the Common Elements and window or wall-sleeve air conditioning units, if any.

7.02 - Responsibilities of the Association.
The Association shall furnish the maintenance, repairs and replacements that are required for the functioning of any common plumbing, common heating, common air-conditioning, common mechanical, common electrical or common water supply systems within a Building. The Association shall also furnish the maintenance, repairs and replacements that are required for any part of a Unit not located within the boundaries of the Unit as set forth in Section 3.01 herein (except as otherwise provided in Section 7.01 herein), but the expenses incurred by the Association in doing so shall be levied against the Owner of that Unit as a Remedial Assessment.

7.03 - Rights of the Association.
The Association may effect emergency repairs to any Unit which the Owner of that Unit has failed to perform, but the expenses incurred by the Association in doing so shall be levied against the Owner of the Unit as a Remedial Assessment. The Association may also effect non-emergency repairs within the boundaries of a Unit which the Unit Owner has failed to perform and charge the reasonable expenses of the repair to the Unit Owner as a Remedial Assessment, but only if

1. any such failure to maintain by the Unit Owner will have a material and adverse impact upon any other portion of the Condominium and
2. the Unit Owner(s) responsible for such maintenance, repair or replacement have failed to remedy the situation within sixty (60) days after written notice is given by the Association to do so.

7.04 - Damage Due to Negligence, Omission or Misuse.
If, due to the negligent act or omission of or misuse by a Unit Owner, or a member of his family or household pet, or a guest, occupant or visitor (whether authorized or unauthorized by the Unit Owner), damage shall be caused to the Common Elements, or to a Unit(s) owned by others, or maintenance, repairs or replacements shall be required which would otherwise be a Common Expense, then the Unit Owner so responsible shall pay for such damage and be liable for any damages, liability, costs and expense, including attorneys' fees, caused by or arising out of such circumstances, and such maintenance, repairs and replacements to the General or Limited Common Elements or the Unit(s) shall be subject to the By-Laws and the Rules and Regulations.