Article
4 Covenants for Maintenance
Except with respect to the lawn care to be performed by the Association, if any, each Owner shall keep all Lots owned by such Owner and all improvements thereon in good order and repair, including, but not limited to, the seeding/sodding, and watering of lawns, the pruning and cutting of all trees and shrubbery, and the painting, roof, window and exterior repair, maintenance and replacement (and all other appropriate exterior care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. Each Owner's obligation hereunder shall commence upon acquisition of a Lot and shall include, but not be limited to, the mowing and cutting of all grass and weeds thereon regardless of whether such Lot may be improved. At the election and at the expense of the Owner(s) of a Lot, following the installation of any water sprinkler systems, lawns, shrubs, trees and other plantings on a Lot by and at the expense of the Owner(s) thereof, the Association shall provide certain lawn care services as follows: a. Fertilizing of lawns, as necessary, in the opinion of the Association; b. Regular mowing and edging of the lawn areas; c. Periodic snow removal from driveways after snowfall has subsided and at times to be determined appropriate by the Association. The Association shall have no obligation for and shall bear no expense in connection with the installation, startup, winterizing, operation or maintenance of any water sprinkler system on any Lot. The cost of Lot lawn care provided by the Association at the election of the Owner shall be added to and become a part of the annual assessment to which a Lot is subjected under Article 3 hereof, and as part of such annual assessment or charge, it shall be a lien and obligation of the Owners and shall become due and payable and subject to collection in all respects as provided herein. The per residence cost of snow removal may be billed to the Owner(s) as incurred and will not necessarily; therefore, be part of the regular assessments hereunder, due to the difficulty of predicting such costs in the assessment setting process. Notwithstanding an election to receive Association-provided Lot lawn care, the Association shall have no responsibility for maintenance or care of flower beds, trees, bushes, and similar plantings located on any Lot. Owners of the Lots shall provide appropriate care for all trees, bushes, flower beds and similar plantings on their respective Lots and shall promptly replace all damaged, diseased or dead trees, bushes and other plantings, subject to the other provisions contained in this Declaration. Additionally, the Association shall not be responsible for reseeding or resodding of lawns on Lots or for maintenance, repairs or replacements related to structures on Lots. If in the opinion of the Design Review Committee, any Owner fails to perform any of the duties prescribed in this Article 4 for the Owner(s) of Lots, the Association, upon approval by the Board and after seven (7) days' written notice to such Owner to remedy such default, shall have the right, through its agents and employees, to enter upon the Lot or Lots involved and to repair, maintain, repaint, remove, and restore such Lot or Lots or such improvements, and the cost thereof (hereinafter sometimes called the "Maintenance Charge") shall be a binding personal obligation of such Owner which may mature into a lien enforceable in the same manner as a mortgage upon the Lot(s) in question in the following manner: The Association may record an Affidavit of Nonpayment of Maintenance Charge in the Office of the Register of Deeds of Sedgwick County, Kansas, stating (a) the legal description of the property upon which the lien is claimed, (b) the name(s) of the Owner(s) of said property as last known to the Association, and (c) the amount of the Maintenance Charge which is unpaid. The lien shall be created at the time of the filing and recording of the Affidavit and such lien shall be superior to all other charges, liens, or encumbrances which may thereafter in any manner arise or be imposed upon the Lot, whether arising from or imposed by judgment or decree or by any agreement, contract, mortgage, or other instrument, saving and excepting only such liens for taxes and other public charges as are by applicable law made superior. |