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ARTICLE IX - DUTIES OF THE ASSOCIATION
ARTICLE X - ADDITIONAL RESPONSIBILITIES
Section 9.01.
General Duties and Powers. In addition to the duties and powers
enumerated in the Articles and Bylaws or elsewhere provided for in this
Declaration, and without limiting the generality of such duties and powers,
the Association acting through the
Board shall:
(a) Enforce the provisions of this
Declaration, the Articles, Bylaws, Association Rules and other
instruments for the ownership, management and control of the Property by
appropriate means.
(b) Pay any assessments which are or
could become a lien upon any of the Common Area or any Association
Property, unless separately assessed to the Owners. Assessments which are
jointly assessed against Units and are or could become a lien upon the Common
Area shall not be a Common Expense. Each Member who owns such a Unit shall
reimburse the Association in advance for such Member's share of any costs to be
incurred by the Association in connection with the payment of any such taxes or
assessments. Such Member's share shall be in an amount which bears the same
relationship to the total amount of such taxes and assessments as the price at
which he purchased his Unit bears to the total purchase prices of all the Units
included within the joint assessment (the purchase price for any such Unit which
has not been sold by the Declarant as of the date such Member's share is
calculated shall be the price, which shall be furnished by the Declarant, at
which the Declarant is offering or would offer such Unit for sale). In the event
such costs are not reimbursed to the Association by any such Member within
fifteen days after the Association has furnished a statement for such costs, the
Board shall - have the right to levy a Reimbursement Assessment against the
Member to cover the costs. Any unpaid Reimbursement Assessments shall be a
Common Expense.
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(c) Subject to the provisions of the Article
entitled Insurance, contract for casualty, liability and other insurance
on behalf of the Association.
(d) Subject to the limitations set forth in
this Article, contract for goods and/or services for all Common
Area, any Association Property, any Maintenance Area or the Association.
(e) Delegate to committees, officers,
employees or agents any of the Association's duties or powers under this
Declaration, the Articles, Bylaws or Association Rules; provided, however, no
such delegation shall relieve the Association of its obligations to perform such
delegated duty.
(f) Prepare and review budgets and
financial statements for the Association as prescribed in the Bylaws.
(g) Formulate rules of operation
of all Common Area, any Association Property and any Maintenance Area owned or
controlled by the Association.
(h) Initiate and execute disciplinary
proceedings against Members for violations of the provisions of this
Declaration, the Articles, Bylaws and Association Rules in accordance with any
procedures set forth in such documents.
(i) Enter upon any Unit or Exclusive Use
Common Area as necessary in connection with construction, maintenance or
emergency repair for the benefit of any of the Common Area, any Association
Property or the Owners in common.
(j) Except as otherwise may be provided in the
Section entitled "Repair and Maintenance by Owners", maintain, control,
manage, repair, replace and reconstruct (subject to the provisions of the
Article entitled "Destruction") all Common Area in a neat, safe,
attractive, sanitary and orderly condition. Without limitation, the Association
acting through the Board shall:
(i) Maintain the exteriors of all Units
in good condition and repair and in such a manner as to enhance their appearance
and place such exteriors in an attractive, neat and orderly condition.
(ii) This section has been struck and is not
applicable.
(iii) This section has been struck and is not
applicable.
(iv) This section has been struck and is not
applicable.
(k) This section has been struck and is not
applicable..
(1) This section has been struck and is not
applicable.
(m) This section has been struck and is not
applicable.
(n) Negotiate and enter into contracts
with First Mortgagees and First Mortgage insurers and guarantors as may be
necessary or desirable to facilitate the availability of loans secured
by First Mortgages within the Property.
(o) Subject to the limitations of the Section
entitled "Members' Easements of Enjoyment, grant easements where
necessary for utilities, sewer facilities and other purposes over any of the
Common Area and any Association Property to serve the Property.
(p) This section has been struck and is not
applicable.
Section 9.02.
General Limitations on Powers. In addition to the limitations enumerated
in the Articles and Bylaws or elsewhere provided for in this Declaration, and
without limiting the generality of such limitations, the Association
acting through the Board shall be prohibited from taking any of the following
actions except with the vote or written assent of a majority of the
voting power of the Association residing in Members other than the Declarant:
(a) Enter into a contract with a
third person under which the third person will furnish goods or services for any
of the Common Area, any Association Property or the Association for a term
longer than one year with the following exceptions:
(i) This section has been struck and is not
applicable. -
(ii) This section has been struck and is not
applicable.
(iii) Prepaid casualty and/or liability
insurance policies of not to exceed three years' duration provided that
the policy permits short rate cancellation by the insured.
(iv) Lease agreements for laundry room
fixtures and equipment of not to exceed five years' duration provided
that the lessor under the agreement is not an entity in which the Declarant has
a direct or indirect ownership interest of ten percent or more.
(v) Agreements for marine satellite
television, telephone, Internet and other communication services and equipment
not to exceed five years' duration provided that the supplier is not an entity
in which the Declarant has a direct or indirect ownership interest of ten
percent or more.
(vi) This section has been struck and is not
applicable.
(b) Incur aggregate expenditures for
capital improvements to Common Area or any Association Property in any fiscal
year in excess of five percent of the budgeted Common Expenses for that
fiscal year.
(c) Sell during any fiscal year any
property of the Association having an aggregate fair market value
greater than five percent of the budgeted Common Expenses for that fiscal year.
(d) Pay compensation to directors or
officers of the Association for services performed in the conduct of the
Association's business; provided, however, that the Board may cause a director
or officer to be reimbursed for expenses incurred in carrying on the business of
the Association.
(e) Fill a vacancy on the Board
created by the removal of a Board member.
Section 9.03.
Management and Certain Declarant Contracts. In addition to the
limitations of Section 9.02, any agreement for professional management of the
Property or any other contract providing for the services of the Declarant,
shall have a term of not more than one year with successive one
year renewal periods upon agreement of the parties and shall be terminable (a)
for cause on thirty days notice by the Association and (b) without cause and
without payment of a termination fee on sixty days written notice by either
party.
Section 9.04.
Association Rules. The Association shall have the power, as
provided in its Bylaws, to adopt, amend and repeal Association Rules.
The Association Rules shall govern such matters in furtherance of the purposes
of the Association as the Board shall deem appropriate, including without
limitation, the use and enjoyment of the Common Area and any Association
Property; provided, however, that the Association Rules may not discriminate
among Members and shall not be inconsistent with this Declaration, the Articles
or Bylaws. A copy of the Association Rules, as they may from time to time be
adopted, amended or repealed, shall be mailed or otherwise delivered to each
Owner and a copy shall be posted in a conspicuous place within any of the Common
Area. Upon such mailing or delivery, the Association Rules shall have the same
force and effect as if they were part of this Declaration. In the event of any
conflict between the Association Rules and any provision of this Declaration,
the Articles or Bylaws, the Association Rules shall be deemed to be superseded
by such other provisions to the extent of any such inconsistency.
Section 9.05.
Enforcement of Bonded Obligations. This section has been struck and is
not applicable.
Section 9.06.
Commencement of Maintenance Obligations. Upon the conveyance of record of
any Association Property or any Maintenance Area to the Association in
accordance with the provisions of this Declaration, and upon the conveyance of
the first Unit within each Project, the Association shall be deemed to have
accepted such Association Property and Maintenance Area and the Common Area
within such Project, respectively, and the Association's duties with respect to
such property and areas (including without limitation, the maintenance and
management of such property and areas) as set forth in this Declaration shall
automatically commence upon each such respective conveyance of record; provided,
however, in the event that Declarant's subcontractors are contractually
obligated to maintain such Common Area or any Association Property or
Maintenance Area after such conveyance, any such maintenance shall not be
assumed by the Association until the termination of such contractual obligation.
Notwithstanding anything to the contrary in this Section 9.06, the Association
shall have no responsibility for the maintenance of the Association Property in
the Initial Property as set forth in this Declaration so long as such
maintenance is being performed by Declarant pursuant to the terms of this
Declaration. Declarant shall maintain the Association Property in the Initial
Property as set forth in this Declaration until the last to occur of (a) August
1, 1991, or (b) the date on which Declarant records with the Adventurer Cruise
Ship Acquisition Corporation a written instrument declaring the termination of
its maintenance obligation. If any excess of Assessments collected over actual
Common Expenses incurred by the Association is caused by reason of maintenance
pursuant to this Section or otherwise, such excess shall be placed in reserve to
offset the future expenses of the Association in any manner designated by the
Board.
Section 9.07.
Transfer of Unit. The
Association shall not impose or collect any Assessment, penalty or fee in
connection with a transfer of title to or any other interest in a Unit except
the Association's actual costs to change its records.
ARTICLE X
Additional Obligations
Section 10.01.
Repair and Maintenance by Owners. Subject to the provisions of this
Declaration, including without limitation, the Article entitled "Architectural
Control", each Owner shall maintain,
repair, replace and restore in a clean, sanitary, neat, safe, orderly and
attractive condition:
(a) His Unit Appurtenances, including, without
limitation, the glass doors, if any, and windows (including window
screens and cleaning the interior and exterior of the windows) of his Unit;
(b) The plumbing, electrical, air
conditioning (if any), utilities and heating systems servicing his Unit
and located within or underneath the perimeter of the exterior bearing walls of
his Unit or within or under the floors or ceilings of the Unit, and all
appliances and equipment located in the Unit;
(c) All portions of his Unit, including without
limitation, the interior walls,
ceilings, floors and doors;
(d) This section has been struck and is not
applicable.
(e) This section has been struck and is not
applicable.
(f) This section has been struck and is not
applicable.
(g) His telephone, Internet; satellite
television, and other communication wiring.
Section 10.02.
This section has been struck and is not applicable.
Section 10.03.
Right of Association to Repair and Maintain. In the event an Owner fails
to perform any of the duties imposed upon him by this Article, the
Association or its delegates shall have the right, subject to the
provisions of St. Vincent & The Grenadines Civil Code Section 1364, if
applicable, to perform such duties (including without limitation,
the right to enter, at reasonable times, any portion of such Owner's Unit and
Exclusive Use Common Area to perform such duties). Such Owner shall reimburse
the Association for the costs incurred by the Association in performing such
duties within thirty days after the Association has furnished a statement for
such costs.
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