SCSCAI - CC&R's -ARTICLE X - MAINTENANCE

ARTICLE X - MAINTENANCE 

Section 1. Common Areas and Pubic Right-of-Way.  The Association, or its duly delegated 

representative, shall maintain and otherwise manage all Common Areas owned or operated by 

the Association, including, but not limited to, the golf course landscaping, walkways, paths, 

drainage channels, parking areas, drives, recreational facilities; provided, however, the 

Association shall not be responsible for providing or maintaining the landscaping or structures 

on any Common Areas which are part of Lots or Parcels unless (i) such landscaping or 

structures are available for use by all Owners and Residents or are within easements intended 

for the general benefit of Sun City Summerlin, and (ii) the Association assumes in writing the 

responsibility for such maintenance or such responsibility is set forth in a recorded instrument as 

herein provided.  The Association shall also maintain natural open spaces, any landscaping and 

other improvements not on Lots and Parcels which are within areas shown on a subdivision plat 

or other plat of dedication for Sun City Summerlin or covered by a Tract Declaration, and which 

are intended for the general benefit of all the Owners and Residents of Sun City Summerlin, 

except the Association shall not maintain areas which (i) the City of Las Vegas or other 

governmental entity is maintaining, or (ii) are to be maintained by the Owners of a Lot or Parcel 

pursuant to Article IV, Section 2(g), of this Declaration unless the Association elects to maintain 

such areas and as to which the Association has not made such an election to maintain.  Specific 

areas to be maintained by the Association may be identified on subdivision plats recorded or 

approved by the Declarant, right of way dedications in Tract Declarations and in deeds from the 

Declarant to the Association, but the failure to so identify such areas shall not affect the 

Association's rights or responsibilities with respect to such Common Areas and other areas 

intended for the general benefit of Sun City Summerlin.   

The Board shall use a reasonably high standard of care in providing for the repair, management 

and maintenance of said property so that the Sun City Sutherlin development will reflect a high 

pride of ownership. The Board shall be the sole judge as to the appropriate maintenance of all 

Common Areas and other properties maintained by the Association.  Any cooperative action 

necessary or appropriate to the proper maintenance and upkeep of said properties shall be 

taken by the Board or by its duly delegated representative.   

Section 2. Assessment of Certain Costs of Maintenance and Repair of Common Areas 

and Public Areas.  In the event that the need for maintenance or repair of Common Areas and 

other areas maintained by the Association is caused through the willful or negligent act of any 

Member, his family, guests, invitees or designees, the cost of such maintenance or repairs shall 

be added to and become a part of the assessment to which such Member and the Member's Lot 

is subject.  However, such charges shall not become a part of or be secured by the Assessment 

Lien rights against such Lot, but may be recovered by the Association in an action at law 

against such Owner(s), including reasonable attorney's fees and costs.   

February 19, 2009      Page 42  Uncertified Review Copy 89010900220 

SCSCAI - CC&R's 

Section 3. Improper Maintenance and Use of Lots and Parcels.  In the event any portion of 

any Lot or Parcel is so maintained as to present a public or private nuisance, or as to 

substantially detract from the appearance or quality of the surrounding Lots and Parcels or other 

areas of Sun City Summerlin which are substantially affected thereby or related thereto, or in 

the event any portion of a Lot or Parcel is being used in a manner which violates this 

Declaration or any Tract Declaration applicable thereto, or in the event the Owner of any Lot or 

Parcel is failing to perform any of its obligations under this Declaration, any Tract Declaration, or 

the architectural guidelines and standards of the Architectural Review Committee, the Board 

may by Resolution make a finding to such effect, specifying the particular condition or conditions 

which exist, and pursuant thereto give notice thereof to the offending Owner that unless 

corrective action is taken within fourteen (14) days, the Board may cause such action to be 

taken at said Owner's cost.  If at the expiration of said fourteen (14) day period of time the 

requisite corrective action has not been taken, the Board shall be authorized and empowered to 

cause such action to be taken and the cost thereof shall be added to and become a part of the 

assessment to which the offending Owner and the Owner's Lot is subject.  However, such 

charges shall not become a part of or be secured by the Assessment Lien rights against such 

Lot, but may be recovered by the Association in an action at law against such Owner(s), 

including reasonable attorneys fees and costs.   

Section 4. Right of Entry.  The Association, after reasonable notice to the Owner, shall have 

the right to enter upon any Lot in connection with any maintenance, repair or construction in the 

exercise of the powers and duties of the Association.