The information provided on this page was copied from the original legal covenant document and converted into a “searchable” format. Every effort was taken to ensure the accuracy of the data but no guarantee can be given. Consequently, the information that is found on this page should be verified by reviewing the official covenants document.
BY THE HOMEOWNER
A. The Owner of each Home must keep and maintain his or her Home and the Improvements thereon, including the Common Structural Elements therein, if any, which are not maintained by the Association, including equipment and appurtenances, in good order, condition and repair, and must perform promptly all maintenance and repair work within his or her Home, including the Common Structural Elements therein, in accordance with Article II, Section 8, if any, which, if omitted, would adversely affect IslandWalk at the West Villages, the other Owners or the Association and its Members; however, notwithstanding the foregoing, the Board of Directors, in its sole business discretion, shall have the power and authority to require the Association, rather than the Owners of each Home, to keep and maintain each Home, and the Improvements thereon, including the Common Structural Elements therein and including equipment and appurtenances, in good order, condition, and repair, and to perform all maintenance and repair work within each Home, including the drywalls within the Homes, in which case the maintenance provisions with respect to Association Property would apply. The Owner of each Home shall be responsible for any damages caused by a failure to so maintain such Home and Common Structural Elements, if any.
The Owners’ responsibility for maintenance, repair and replacement shall include, but not be limited to, the driveway accessing each Home all the way to the paved edge of the street, the caulking and maintenance of the doors and Windows (including glass and frame) of the Home, and the exterior surface of such doors and windows shall at all times be maintained in a good and serviceable condition with no damage or other defect therein by the Owner.
The Owner of a Home further agrees that in the event he or she damages any portion of the central irrigation system located upon his or her Lot, the Owner shall be responsible for repairing said damage. The Owner of a Home further agrees to pay for all utilities, such as telephone, cable television, water (including water associated with irrigation), sewer, sanitation, electric, etc., that may be separately billed or charged to his or her Home. The Owner of each Home shall be responsible for insect and pest control within the Home. Whenever the maintenance, repair and replacement of any items which an Owner is obligated to maintain, repair or replace at his/her own expense is occasioned by any loss or damage which may be covered by any insurance maintained in force by the Association or by the Owner, the proceeds of the insurance received shall be payable to and used by the Association for the purpose of making such maintenance, repair or replacement, except that the Owner shall be, in said instance, required to pay such portion of the costs of such maintenance, repair and replacement as shall, by reason of the applicability of any deductibility provision of such insurance or otherwise, reduce the amount of the insurance proceeds applicable to or available for such maintenance, repair or replacement.
In addition to the foregoing, the Owner of each Home shall be required to maintain appropriate climate control, keep his or her Home clean, and take necessary measures to retard and prevent mold from accumulating in the Home. Each Owner of a Home shall be responsible for damage to his or her Home and personal property as well as any injury to the Owner of a Home and/or occupants of the Home resulting from the Owner’s failure to comply with these terms. Each Owner of a Home shall be responsible for the repair and remediation of all damages to the Home caused by mold.
B. The Owner of each Home shall keep the sidewalk located on, or adjacent to, his or her Lot clean and free from mold, and any impediments to pedestrian trafﬁc.
C. The Owner of each Home shall be responsible for the painting of the exterior surface of the garage doors, with prior Association approval and for the maintenance, repair and replacement of any mechanisms associated with the garages located within his or her Home,
D. The Owner of each Horne shall wash all windows located within his or her Home.
E. An Owner shall not plant any shrubs,trees and/or landscaping on his or her Lot without the prior written approval of the Association. If an Owner receives such approval and plants any shrubs, trees and/or landscaping on his or her Lot, such Owner shall be responsible for maintaining such shrubs, trees and/or landscaping.
F. The Owner of each Home shall be responsible for maintaining in good condition and repair the balconies, if any, of his or her Home, as well as any sliding doors or screens adjacent to or part of the balcony (“Balcony”), if any. In the event a repair related to the construction of the Balcony is required, the Owner of each Home shall be responsible for such repair. If the Homeowner of the Home installs a covering on the surface of the Balcony, such as but not limited to tile, then the covering shall remain the personal property of such Homeowner. No Owner may install a covering on the surface of the Balcony which will affect the slope or drainage of a Balcony. The Owner of each Home shall be responsible for any painting of the exterior walls of the Balcony unless the Board determines that the Association shall assume this responsibility.
G. If a Home is damaged by ﬁre or other casualty, including the Common Structural Elements therein, if any, its Owner shall properly and promptly restore it to at least as good a condition as it was before the casualty occurred. Any such work shall be in accordance with the original plans and speciﬁcations of the Home unless otherwise authorized by the Board. Notwithstanding the foregoing, in the event the Board determines that the Association shall assume the responsibility of repairing the Common Structural Elements, the Owner shall be relieved of such responsibility. The Association shall be obligated to notify every Owner of such election in writing.
H. Each Owner shall keep insured the interior portions of his or her Home and his or her personal property (including, but not limited to, all ﬂoor, wall, ceiling coverings, electrical ﬁxtures, appliances, air conditioner, or heating equipment, water heaters, water ﬁlters: built—in cabinets and countertops, and window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components or replacements of any of the foregoing and all air conditioning compressors, whether or not located within the Home boundaries, etc.).
I. The Owner of each Home shall maintain property and casualty insurance on each Building (as well as the Common Structural Elements and the drywall located within the interior portions of a Home) in which Homes are located in accordance with the provisions of Article XI hereof. Evidence of the coverage described in this Paragraph I shall be furnished to the Association promptly upon the Board’s request. No Owner shall cancel such insurance without at least thirty (30) days prior written notice to the Association. Notwithstanding the foregoing, in the event the Board elects to purchase casualty insurance for the Common Structural Elements, the Owners shall be relieved of such responsibility. In that event, the insurance proceeds for the repair and rebuilding shall be paid to the Association and not the Owner.
J. If an Owner fails to comply with the foregoing provisions of this Section 2, the Association may proceed in court to compel compliance to cause an Owner to comply. Further, if the failure to comply relates to the Owner’s obligations to maintain insurance, the Association shall be entitled, although not obligated, to obtain the required coverage itself and to levy on the offending Owner an Assessment equal to the cost of premiums, and any such Assessment shall constitute a lien upon the applicable Home with the same force and effect as a lien for Community Expenses.
K. If a failure to comply with the provisions of this Section 2 relates to the Owner’s obligation to maintain the Home, landscaping or any other area required to be maintained by the Owner, then, in addition to the exercise of all other remedies, the Association shall have the right but not the obligation, upon ﬁfteen (15) days written notice, to enter the property of the Owner for the purpose of performing the maintenance referred to, set forth and described in the notice. The determination of whether an Owner is failing to properly maintain and care for the property for which he or she has the maintenance responsibility shall be determined in the sole discretion of the Association. Further, the Association shall be entitled, but not obligated, to perform such maintenance and care itself and to levy on the offending Owner an Assessment equal to the cost of performing such maintenance and any such Assessment shall constitute a lien upon the applicable Home with the same force and effect as a lien for Community Expenses.
DAMAGE TO BUILDINGS
The Owner of any Home which has suffered damage may apply to the Association for approval for reconstruction, rebuilding, or repair of the Improvements therein. The Association shall grant such approval only if, upon completion of the work, the exterior appearance will be substantially similar to that which existed prior to the date of the casualty. If the obligation for repair falls upon the Association, the Association approval will not be required prior to the commencement of such work, so long as the exterior appearance will be substantially similar to that which existed prior to the date of the casualty.
The Owner or Owners of any damaged Building and/or the Association shall be obligated to proceed with all due diligence hereunder and the responsible parties shall commence reconstruction within three (3) months after the damage occurs and complete reconstruction within one (1) year after the damage occurs, unless prevented by causes beyond his or her or its reasonable control.
Declarant shall be exempt from the provisions of this Section 4, provided that any such reconstruction, rebuilding or repairs made by Declarant shall be consistent, as to the exterior appearance, with the Improvements as they existed prior to the damage or other casualty.