11.03 Association Act
FCHOA Declaration of Protective Covenants - Revision Date: 2022-05-20
If any Owner shall fail to keep such Owner’s Lot or Parcel, Dwelling Unit, or any Improvement thereon, in as good repair and condition as when initially constructed and accepted, normal wear and tear excepted, and in a neat and orderly condition consistent with the Governing Documents, then the Board may, pursuant to resolution, give notice to the Owner of the condition identified, specifying generally the action to be taken to rectify that condition. If the Owner fails to take the actions specified by the Board or to otherwise rectify the condition within thirty (30) days after the date the notice is given, or such other period as may be specified in the notice should the circumstances warrant a different time period, the Board of Directors shall have the right to rectify that condition by taking such action or by causing such action to be taken as was specified in the notice. Such right shall include, without limitation, the right: (i) to mow the grass thereon; (ii) to remove any debris therefrom; (iii) to trim or prune any hedge or planting that, in the opinion of the Board of Directors, by reason of its location or height or the manner in which it has been permitted to grow, is detrimental to the enjoyment of adjoining property or is unattractive in appearance; (iv) to clean, paint, stain, repair or replace any improvement; (v) to abate or remove any Improvement, item, or condition which violates the Governing Documents, the Rules and Regulations or the Purchaser’s Handbook; and (vi) to do any and all things necessary or desirable in the opinion of the Board to place such Lot and the improvements thereon, in a neat and attractive condition consistent with the intention of this Declaration, or to address any potential safety hazard. The costs incurred in rectifying that condition shall be assessed as an Individual Assessment against such Owner’s Lot or Parcel, in accordance with Article 4.8 hereof. The Owner shall reimburse the Association within thirty (30) days after receipt of a statement for such expenses from the Board. The Association shall have all rights and remedies set forth herein in the event of non-payment by the Owner.