A perimeter wall or fence shall be any fence which serves as a boundary between a Lot and any area which is not a Lot, including Common Area, Council owned property, public streets, or any Country Club Amenity. The Council shall maintain the exterior surface (that portion facing away from the Lot) of all perimeter walls and fences, In addition, the Council shall maintain all wrought iron portions (both exterior and interior) of any perimeter fence. With the exception of wrought iron, each Owner is responsible for maintaining the interior surface of all perimeter walls and fences on such Owner's Lot. The Council shall maintain perimeter walls and fences as a Council Expense (as defined in the Community Covenant); provided, if such work is made necessary by the actions of the Lot Owner, the costs incurred by the Council may be assessed specifically against the benefited Lot Owner, in accordance with the Community Covenant. Some Lots contain Declarant-installed walls which include planters (i.e., built-in containers intended for plant material) as a component of the wall. If such walls are not perimeter walls as described above, the Lot Owner shall be responsible for maintaining such walls and planters. If such walls are perimeter walls, the Council shall maintain any planters located on the exterior side of the wall and the Owner shall maintain those planters located on the interior side of the wall. Maintenance of the planters shall include structural and aesthetic maintenance and keeping and maintaining planting materials in accordance with the Community-Wide Standard. The remainder of the planter wall shall be maintained as described above. The Association shall maintain all sidewalks running along streets and located on or adjacent to a Lot. All costs incurred by the Association in maintaining such sidewalks shall be assessed against the benefited Lot Owner as a Benefited Assessment, in accordance with Section 8.5. In addition to any other enforcement rights, if an Owner fails to perform properly his or her maintenance responsibility, the Association may perform such maintenance responsibilities and assess all costs incurred in accordance with Section 8.5. The Association shall afford the Owner reasonable notice and an opportunity to cure the problem prior to entry, except when entry is required due to an emergency situation. 5.2
Maintenance of Property within Benefited Areas
If set forth in a Supplemental Declaration, the Owners within each Benefited Area shall be responsible for paying, through Benefited Assessments, the costs of operating, maintaining, and insuring certain portions of the Area of Common Responsibility within or adjacent to such Benefited Area. This may include, without limitation, the costs of maintaining any signage, entry features, right-of-way, and greenspace between the Benefited Area and adjacent public roads, private streets within the Benefited Area, and lakes or ponds within the Benefited Area, regardless of ownership and regardless of the fact that such maintenance may be performed by the Association or the Council; provided, however, all Benefited Areas which are similarly situated shall be treated the same.
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