Turtle Creek Estates
Common Interest Community No. 13
City of Austin, Mower County, Minnesota
Section 9: Maintenance
- Maintenance by Association. The Association shall provide for all maintenance, repair or replacement (collectively referred to as "maintenance") of the Common Elements, except that Unit Owners shall be responsible for lawn mowing and maintenance on utility easements adjoining the roadways on their respective Units.
- Wells and Water Systems. Wells shall be located within the easement areas and easement areas in the subdivision, with water lines serving the various homes also being located within the public rights of way or the easements abutting the public rights of way, or as specifically reserved in easements across the various parcels as they are conveyed. The water lines shall run as nearly as possible through said easement or roadway areas to the individual lots serviced by specific wells. The Declarants intend to have each well serve four residences. The Homeowner's Association shall be solely responsible for the maintenance and repairs of the common wells and water mains; however, at the point service lines benefitting only one Unit branch from the water main, the obligation for maintenance and repair shall be the sole responsibility of the individual Unit Owner. The cost of repairs and maintenance within the control of the Homeowner's Association shall be levied and assessed against the parcels benefitted by the particular well or water main.
- Roadways. Roadways in the public rights of way serve the various residences within Turtle Creek Estates. For any maintenance and repair of the roadways, including grading and the removal of snow and ice, that is not provided by public authorities, the expense of such maintenance, repair, grading and snow and ice removal will be paid by the Homeowner=s Association and the cost of such services shall be allocated equally among all of the Lots on the Property.
- Damage Caused by Owner. Notwithstanding any provision to the contrary in this Section, if, in the judgment of the Association, the need for maintenance of any part of the Property is caused by the willful or negligent act or omission of an Owner or Occupant, or their guests, or by a condition in a Unit which the Owner or Occupant has willfully or negligently allowed to exist, the Association may cause such damage or condition to be repaired or corrected (and enter upon any Unit to do so), and the cost thereof may be assessed against the Unit of the Owner responsible for the damage.