Covenants That Apply to Property Maintenance
5.1 Owner’s Responsibility. Each owner of a Lot shall maintain his or her Lot in good repair and in a neat and attractive condition comparable to its condition at the time of its initial construction, subject to the Glen Eden Homeowner’s Association, Inc.’s [Association] lawn care and landscape maintenance responsibilities set forth below in paragraph 5.3. No owner shall take any action which (a) increases the maintenance responsibility of the Association (b) causes the Association insurance premium’s to increase, or (c) interferes with the Association’s maintenance or operational responsibilities. Each owner shall be responsible for the cost and expense of maintaining, repairing and replacing his individual Lot’s irrigation system. Each owner shall also be responsible for the replacement of any tree or shrub. If any owner fails to perform his or her maintenance responsibility in accordance with this Section, the Association, may perform it and assess all costs incurred against the Lot and the owner thereof. Prior to entry, the Association shall afford the owner reasonable notice and an opportunity to remedy, except when entry is required due to an emergency.
5.2 Material Alteration of Parcels and Residences. No owner shall materially alter or make any
substantial additions to this parcel or to the exterior of his residence without the prior written approval of the Association, as further provided in Section 6. Such additions and alterations shall include, but not be limited to, landscaping, swimming pools, decks, awnings, hurricane protection and related equipment. The Association shall have the right to control the irritation system on all home sites including the right to repair and maintain the irrigation system.
5.3 Association Maintenance. The Association shall be responsible for the maintenance , repair, replacement and operation of all common areas, recreation areas and roofing, including, but not limited to, water retention and water management areas, landscaping, trees, plantings, lawns, flowers, water management facilities, irrigation systems and footpaths, roadways, common driveways, parking areas, lighting, community swimming pool, swimming pool area, bath house and utility installations located on parcels but serving more than one parcel. The Association shall also maintain all grassed or sodded areas, lawns, landscaping, trees and vegetation located on the individual parcels, except within the swimming pool enclosures or on decks, in accordance with the rules and regulation and standards adopted by the Association from time to time. The cost of Association maintenance shall be a common expense. Replacement of trees or shrubs on individual parcels shall be the duty and responsibility of the parcel owner.
5.4 Enforcement of Maintenance. If the owner of a parcel fails to maintain his parcel and or residence as required above, the Association shall have the right to institute legal proceedings to enforce compliance, or may take any and all other steps necessary to remedy such violation, including but not limited to entering the parcel, with or without consent of the parcel owner. The Association may repair, replace or maintain any item which constitutes a hazard to the other property or residents, prevents the Association from fulfilling its maintenance responsibilities, or which has a materially averse effect on the appearance of the Property. Any expense so incurred by the Association shall be billed directly to the owner of the parcel to which such services are provided, and shall be a charge against the parcel, secured by a lien against the parcel as provided in Section 3 above.
5.5 Negligence: Damage Caused by Condition in Parcel. Each parcel owner shall be liable for the expense of any maintenance, repair or replacement of common areas, other residential parcels or personal property made necessary by his act or negligence of by that of any member of his family or his guests, employees, agents or lessees.
7.4 Irrigation. The owner may not alter or change the individual Lot’s irrigation system without the express written consent of the Association.
7.12 Trees. No tree or shrub, the trunk of which exceeds two inches in diameter shall be cut down or otherwise destroyed without the prior expressed written consent of the ARC. No Ficus trees may be planted within Glen Eden, either on Common Areas or on any Lot.
7.13 Artificial Vegetation. No artificial grass, plants, or other artificial vegetation shall be placed or maintained upon the exterior portion of any Lot.
7.15 Fences, Hedges and Walls. No fence, hedge, wall or other dividing instrumentality shall be constructed or maintained on any Lot unless approved by the ARC.