Orange County NC Website
82 <br /> (c) The Common Areas and Maintenance Areas shall be clean and free from debris and <br /> maintained in an orderly condition, including any removal and replacement of any landscaping, <br /> utilities, or improvements located thereon. <br /> Section 7. Reserve Fund <br /> . The Association shall establish and maintain an adequate reserve fund for the periodic <br /> maintenance, repair and replacement of all or a portion of the Common Areas or Maintenance <br /> Areas and in order to fund unanticipated expenses of the Association or to acquire equipment or <br /> services deemed necessary or desirable by the Board of Directors. Such reserve fund shall be <br /> collected and maintained out of the Annual Assessments, as hereinafter defined. Assessments <br /> collected as reserves shall not be considered to be advance payments of Annual Assessments. <br /> Section 8. Liability Limitations <br /> . Neither Declarant, nor any Association Member, nor the Board, nor any members, managers, <br /> officers, directors, volunteers, agents or employees of any of them shall be personally liable for <br /> debts contracted for or otherwise incurred by the Association or for a tort of another Association <br /> Member, whether or not such other Association Member was acting on behalf of the Association <br /> or otherwise. Neither Declarant, nor the Association, nor their members, managers, directors, <br /> officers,agents or employees shall be liable for any incidental or consequential damages for failure <br /> to inspect any premises, improvements or portions thereof or for failure to repair or maintain the <br /> same. Declarant, the Association or any other person, firm or association making such repairs or <br /> maintenance shall not be liable for any personal injury or other incidental or consequential <br /> damages occasioned by any act or omission in the repair or maintenance of any premises, <br /> improvements or portions thereof. The Association shall, to the extent permitted by applicable <br /> law, indemnify and defend all members of the Board from and against any and all loss, cost, <br /> expense, damage, liability, claim, action or cause of action arising from or relating to the <br /> performance by the Board of its duties and obligations, except for any such loss, cost, expense, <br /> damage, liability, claim, action or cause of action resulting from the gross negligence or willful <br /> misconduct of the person(s) to be indemnified. <br /> Article V <br /> COVENANT FOR ANNUAL AND SPECIAL ASSESSMENTS <br /> Section 1. Creation of the Lien and Personal Obligation for Annual, Supplemental Annual, <br /> Special and Special Individual Assessments <br /> . Each Owner of any Lot,by acceptance of a deed therefor,whether or not it shall be so expressed <br /> in any such deed or other conveyance document, is deemed to covenant and agrees to pay to the <br /> Association Annual Assessments, Supplemental Annual Assessments, Special Assessments and <br /> Special Individual Assessments (collectively, the "Assessments"), established and collected as <br /> hereinafter provided. Any such assessment or charge,together with interest, costs, and reasonable <br /> attorneys' fees, shall be a charge and a continuing lien upon the Lot against which each such <br /> assessment or charge is made. Each such assessment or charge, together with interest, costs and <br /> reasonable attorneys' fees, shall also be the personal obligation of the Owner, at the time when the <br /> 11 <br />