Responsibility for the maintenance, repair, and replacement of common areas and lots.

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  • (1) As used in this section:
    • (a) "Emergency repair" means a repair that, if not made in a timely manner, will likely result in immediate and substantial damage to a common area or to another lot.
    • (b) "Reasonable notice" means:
      • (i) written notice that is hand delivered to the lot at least 24 hours before the proposed entry; or
      • (ii) in the case of an emergency repair, notice that is reasonable under the circumstances.
  • (2) Except as otherwise provided in the declaration or Part 4, Insurance:
    • (a) an association is responsible for the maintenance, repair, and replacement of common areas; and
    • (b) a lot owner is responsible for the maintenance, repair, and replacement of the lot owner's lot.
  • (3) After reasonable notice to the occupant of the lot being entered, the board may access a lot:
    • (a) from time to time during reasonable hours, as necessary for the maintenance, repair, or replacement of any of the common areas; or
    • (b) for making an emergency repair.
  • (4)
    • (a) An association is liable to repair damage it causes to the common areas or to a lot the association uses to access the common areas.
    • (b) An association shall repair damage described in Subsection (4)(a) within a time that is reasonable under the circumstances.
  • (5) Subsections (2), (3), and (4) do not apply during the period of administrative control.






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